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2004 Revised Code of Washington Volume 2: Titles 18 through 28A
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VOLUME 2
Titles 18 through 28A
2004
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2004 regular session, which
adjourned sine die March 11, 2004.
(2004 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2004 Edition
©
2004 State of Washington
CERTIFICATE
The 2004 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G . SCHULTZ, Chair
STATUTE LAW COMMITTEE
PRINTED ON RECYCLABLE MATERIAL
For recycling information call:
Recycle Hotline
1-800-732-9253
[Preface—p ii]
(2004 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of
the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between
original sections so that for a time new sections may be inserted without extension of the section number beyond
three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of
sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was
adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in
exercise of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by
means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session
law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated;
thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws
of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.—
—" indicates the parallel citation in Remington's Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component
section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to
each other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified
are tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available
time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature of
the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication.
(2004 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
46
47
Highways and motor vehicles
Motor vehicles
Public highways and transportation
48
Insurance
49
50
51
Labor
Labor regulations
Unemployment compensation
Industrial insurance
52
53
54
55
57
Local service districts
Fire protection districts
Port districts
Public utility districts
Sanitary districts
Water-sewer districts
58
59
60
61
62A
63
64
65
Property rights and incidents
Boundaries and plats
Landlord and tenant
Liens
Mortgages, deeds of trust, and real estate contracts
Uniform Commercial Code
Personal property
Real property and conveyances
Recording, registration, and legal publication
66
67
68
69
70
71
71A
72
74
Public health, safety, and welfare
Alcoholic beverage control
Sports and recreation—Convention facilities
Cemeteries, morgues, and human remains
Food, drugs, cosmetics, and poisons
Public health and safety
Mental illness
Developmental disabilities
State institutions73Veterans and veterans' affairs
Public assistance
76
77
78
79
79A
Public resources
Forests and forest products
Fish and wildlife
Mines, minerals, and petroleum
Public lands
Public recreational lands
80
81
Public service
Public utilities
Transportation
82
83
84
Taxation
Excise taxes
Estate taxation
Property taxes
85
86
87
88
89
90
91
Waters
Diking and drainage
Flood control
Irrigation
Navigation and harbor improvements
Reclamation, soil conservation, and land settlement
Water rights—Environment
Waterways
General provisions
2
3
4
5
6
7
8
9
9A
10
11
12
13
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
14
Aeronautics
15
16
17
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
18
19
20
21
22
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
23
23B
24
25
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
26
Domestic relations
27
28A
28B
28C
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
29A
Elections
30
31
32
33
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
34
35
35A
36
37
38
39
40
41
42
43
44
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
[Preface—p iv]
(2004 Ed.)
Title 18
Chapters
18.04
18.06
18.08
18.09
18.11
18.16
18.19
18.20
18.22
18.25
18.27
18.28
18.29
18.30
18.32
18.34
18.35
18.36
18.36A
18.39
18.43
18.44
18.46
18.50
18.51
18.52
18.52C
18.53
18.54
18.55
18.57
18.57A
18.59
18.64
18.64A
18.71
18.71A
18.73
18.74
18.76
18.79
18.83
18.84
18.85
18.86
18.88A
18.89
18.92
18.96
18.100
18.104
18.106
18.108
18.110
18.118
18.120
(2004 Ed.)
Title 18
BUSINESSES AND PROFESSIONS
18.122
Accountancy.
Acupuncture.
Architects.
Attorneys at law.
Auctioneers.
Cosmetologists, barbers, and manicurists.
Counselors.
Boarding homes.
Podiatric medicine and surgery.
Chiropractic.
Registration of contractors.
Debt adjusting.
Dental hygienists.
Denturists.
Dentistry.
Dispensing opticians.
Hearing and speech services.
Drugless healing.
Naturopathy.
Embalmers—Funeral directors.
Engineers and land surveyors.
Escrow agent registration act.
Birthing centers.
Midwifery.
Nursing homes.
Nursing home administrators.
Nursing pools.
Optometry.
Optometry board.
Ocularists.
Osteopathy—Osteopathic medicine and surgery.
Osteopathic physicians' assistants.
Occupational therapy.
Pharmacists.
Pharmacy assistants.
Physicians.
Physician assistants.
Emergency medical care and transportation
services.
Physical therapy.
Poison information centers.
Nursing care.
Psychologists.
Radiologic technologists.
Real estate brokers and salespersons.
Real estate brokerage relationships.
Nursing assistants.
Respiratory care practitioners.
Veterinary medicine, surgery, and dentistry.
Landscape architects.
Professional service corporations.
Water well construction.
Plumbers.
Massage practitioners.
Art dealers—Artists.
Regulation of business professions.
Regulation of health professions—Criteria.
18.130
18.135
18.138
18.140
18.145
18.155
18.160
18.165
18.170
18.180
18.185
18.190
18.195
18.200
18.205
18.210
18.215
18.220
18.225
18.230
18.235
Regulation of health professions—Uniform
administrative provisions.
Regulation of health professions—Uniform
disciplinary act.
Health care assistants.
Dietitians and nutritionists.
Certified real estate appraiser act.
Court reporting practice act.
Sex offender treatment providers.
Fire sprinkler system contractors.
Private investigators.
Security guards.
Process servers.
Bail bond agents.
Operation as limited liability company.
Consumer Access to Vision Care Act.
Orthotic and prosthetic services.
Chemical dependency professionals.
On-site wastewater treatment systems—
Designer licensing.
Surgical technologists.
Geologists.
Mental health counselors, marriage and family
therapists, social workers.
Recreation therapy.
Uniform regulation of business and professions
act.
Alcoholic beverage control: Title 66 RCW.
Appointment of temporary additional members of boards and committees for
administration and grading of examinations: RCW 43.24.065.
Attorneys: Chapter 2.44 RCW.
Automobiles
dealers licenses: Chapter 46.70 RCW.
drivers schools licensing: Chapter 46.82 RCW.
"Lemon Law": Chapter 19.118 RCW.
repair: Chapter 46.71 RCW.
service contracts: Chapter 48.96 RCW.
tow truck operators: Chapter 46.55 RCW.
transportation companies: Title 81 RCW.
warranties, express: Chapter 19.118 RCW.
Business corporations and cooperative associations: Titles 23, 23B RCW.
Cities and towns, powers to regulate business: Title 35 RCW.
Coal mining: Title 78 RCW.
Collection agencies and out-of-state collection agencies: Chapter 19.16
RCW.
Consumer loan act: Chapter 31.04 RCW.
Credit unions: Chapter 31.12 RCW.
Discrimination: Chapter 49.60 RCW.
Drugs and cosmetics: Chapter 69.04 RCW.
Electricians: Chapter 19.28 RCW.
Farm labor contractors: Chapter 19.30 RCW.
Fishermen, commercial: Title 77 RCW.
Food products: Title 69 RCW.
Forests and forest products: Title 76 RCW.
Health care services: Chapter 48.44 RCW.
Mines, mineral and petroleum: Title 78 RCW.
[Title 18 RCW—page 1]
Chapter 18.04
Title 18 RCW: Businesses and Professions
Monopolies and trusts prohibited: State Constitution Art. 12 § 22.
Motor vehicles
businesses involving: Title 46 RCW.
"Lemon Law": Chapter 19.118 RCW.
Pawnbrokers: Chapter 19.60 RCW.
Regulatory fairness act: Chapter 19.85 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Sales of personal property: Article 62A.2 RCW.
Student loan contracts: Chapter 26.30 RCW.
Suretyship: Chapter 19.72 RCW.
Vehicle wreckers: Chapter 46.80 RCW.
Chapter 18.04
Chapter 18.04 RCW
ACCOUNTANCY
Sections
18.04.015
18.04.025
18.04.035
18.04.045
18.04.055
18.04.065
18.04.080
18.04.105
18.04.180
18.04.183
18.04.185
18.04.195
18.04.205
18.04.215
18.04.295
18.04.305
18.04.320
18.04.335
18.04.345
18.04.350
18.04.360
18.04.370
18.04.380
18.04.390
18.04.405
18.04.420
18.04.430
18.04.901
18.04.910
18.04.911
18.04.920
Purpose.
Definitions.
Board of accountancy—Members—Terms—Vacancies—
Removal.
Board—Officers and staff—Powers and duties.
Board—Rules.
Board—Fees—Disposition.
Compensation and travel expenses of members.
Issuance of license—Requirements—Examination—Fees—
Certified public accountants' account—Valid certificates
previously issued under chapter—Continuing professional
education—Inactive certificates.
Reciprocity.
Accountants from foreign countries.
Application for license—Secretary of state agent for service of
process.
License required—Requirements—Application—Fees.
Registration of offices—Requirements—Rules—Fees.
Licenses—Issuance—Renewal and reinstatement—Continuing professional education—Fees—Notification of sanction/suspension/revocation of license.
Actions against CPA license.
Actions against firm license.
Actions against license—Procedures.
Reissuance or modification of suspension of license or certificate.
Prohibited practices.
Practices not prohibited.
Practices may be enjoined.
Penalty.
Advertising falsely—Effect.
Papers, records, schedules, etc., property of the licensee or
licensed firm—Prohibited practices—Rights of client.
Confidential information—Disclosure, when—Subpoenas.
License or certificate suspension—Nonpayment or default on
educational loan or scholarship.
License or certificate suspension—Noncompliance with support order—Reissuance.
Severability.
Effective date—1983 c 234.
Effective date—1986 c 295.
Short title.
Falsifying accounts: Chapter 9A.60 RCW.
(ii) A public authority be established that is competent to
prescribe and assess the qualifications of certified public
accountants, including certificate holders who are not
licensed for the practice of public accounting;
(iii) Persons other than licensees refrain from using the
words "audit," "review," and "compilation" when designating
a report customarily prepared by someone knowledgeable in
accounting;
(iv) A public authority be established to provide for consumer alerts and public protection information to be published regarding persons or firms who violate the provisions
of chapter 294, Laws of 2001 or board rule and to provide
general consumer protection information to the public; and
(v) The use of accounting titles likely to confuse the public be prohibited.
(2) The purpose of chapter 294, Laws of 2001 is to make
revisions to chapter 234, Laws of 1983 and chapter 103,
Laws of 1992 to: Fortify the public protection provisions of
chapter 294, Laws of 2001; establish one set of qualifications
to be a licensee; revise the regulations of certified public
accountants; make revisions in the ownership of certified
public accounting firms; assure to the greatest extent possible
that certified public accountants from Washington state are
substantially equivalent with certified public accountants in
other states and can therefore perform the duties of certified
public accountants in as many states and countries as possible; assure certified public accountants from other states and
countries have met qualifications that are substantially equivalent to the certified public accountant qualifications of this
state; and clarify the authority of the board of accountancy
with respect to the activities of persons holding licenses and
certificates under this chapter. It is not the intent of chapter
294, Laws of 2001 to in any way restrict or limit the activities
of persons not holding licenses or certificates under this
chapter except as otherwise specifically restricted or limited
by chapter 234, Laws of 1983 and chapter 103, Laws of 1992.
(3) A purpose of chapter 103, Laws of 1992, revising
provisions of chapter 234, Laws of 1983, is to clarify the
authority of the board of accountancy with respect to the
activities of persons holding certificates under this chapter.
Furthermore, it is not the intent of chapter 103, Laws of 1992
to in any way restrict or limit the activities of persons not
holding certificates under this chapter except as otherwise
specifically restricted or limited by chapter 234, Laws of
1983. [2001 c 294 § 1; 1992 c 103 § 1; 1983 c 234 § 2.]
Effective date—2001 c 294: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001."
[2001 c 294 § 24.]
18.04.015
18.04.015 Purpose. (1) It is the policy of this state and
the purpose of this chapter:
(a) To promote the dependability of information which is
used for guidance in financial transactions or for accounting
for or assessing the status or performance of commercial and
noncommercial enterprises, whether public, private or governmental; and
(b) To protect the public interest by requiring that:
(i) Persons who hold themselves out as licensees or certificate holders conduct themselves in a competent, ethical,
and professional manner;
[Title 18 RCW—page 2]
18.04.025
18.04.025 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the board of accountancy created by
RCW 18.04.035.
(2) "Certificate holder" means the holder of a certificate
as a certified public accountant who has not become a licensee, has maintained CPE requirements, and who does not
practice public accounting.
(2004 Ed.)
Accountancy
(3) "Certified public accountant" or "CPA" means a person holding a certified public accountant license or certificate.
(4) "State" includes the states of the United States, the
District of Columbia, Puerto Rico, Guam, and the United
States Virgin Islands.
(5) "Reports on financial statements" means any reports
or opinions prepared by licensees, based on services performed in accordance with generally accepted auditing standards, standards for attestation engagements, or standards for
accounting and review services as to whether the presentation
of information used for guidance in financial transactions or
for accounting for or assessing the status or performance of
commercial and noncommercial enterprises, whether public,
private, or governmental, conforms with generally accepted
accounting principles or other comprehensive bases of
accounting. "Reports on financial statements" does not
include services referenced in RCW 18.04.350(6) provided
by persons not holding a license under this chapter.
(6) The "practice of public accounting" means performing or offering to perform by a person or firm holding itself
out to the public as a licensee, for a client or potential client,
one or more kinds of services involving the use of accounting
or auditing skills, including the issuance of "audit reports,"
"review reports," or "compilation reports" on financial statements, or one or more kinds of management advisory, or consulting services, or the preparation of tax returns, or the furnishing of advice on tax matters. The "practice of public
accounting" shall not include practices that are permitted
under the provisions of RCW 18.04.350(6) by persons or
firms not required to be licensed under this chapter.
(7) "Firm" means a sole proprietorship, a corporation, or
a partnership. "Firm" also means a limited liability company
formed under chapter 25.15 RCW.
(8) "CPE" means continuing professional education.
(9) "Certificate" means a certificate as a certified public
accountant issued prior to July 1, 2001, as authorized under
the provisions of this chapter.
(10) "Licensee" means the holder of a license to practice
public accountancy issued under this chapter.
(11) "License" means a license to practice public
accountancy issued to an individual under this chapter, or a
license issued to a firm under this chapter.
(12) "Manager" means a manager of a limited liability
company licensed as a firm under this chapter.
(13) "NASBA" means the national association of state
boards of accountancy.
(14) "Quality assurance review" means a process established by and conducted at the direction of the board of study,
appraisal, or review of one or more aspects of the attest work
of a licensee or licensed firm in the practice of public accountancy, by a person or persons who hold licenses and who are
not affiliated with the person or firm being reviewed.
(15) "Peer review" means a study, appraisal, or review of
one or more aspects of the attest work of a licensee or
licensed firm in the practice of public accountancy, by a person or persons who hold licenses and who are not affiliated
with the person or firm being reviewed, including a peer
review, or any internal review or inspection intended to comply with quality control policies and procedures, but not
(2004 Ed.)
18.04.035
including the "quality assurance review" under subsection
(14) of this section.
(16) "Review committee" means any person carrying
out, administering or overseeing a peer review authorized by
the reviewee.
(17) "Rule" means any rule adopted by the board under
authority of this chapter.
(18) "Holding out" means any representation to the public by the use of restricted titles as set forth in RCW
18.04.345 by a person or firm that the person or firm holds a
license under this chapter and that the person or firm offers to
perform any professional services to the public as a licensee.
"Holding out" shall not affect or limit a person or firm not
required to hold a license under this chapter from engaging in
practices identified in RCW 18.04.350.
(19) "Natural person" means a living, human being.
(20) "Inactive" means the certificate is in an inactive status because a person who held a valid certificate before July
1, 2001, has not met the current requirements of licensure and
has been granted inactive certificate holder status through an
approval process established by the board. [2001 c 294 § 2;
1999 c 378 § 1; 1994 c 211 § 1401; 1992 c 103 § 2; 1986 c
295 § 1; 1983 c 234 § 3.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
18.04.035
18.04.035 Board of accountancy—Members—
Terms—Vacancies—Removal. (1) There is created a board
of accountancy for the state of Washington to be known as
the Washington state board of accountancy. Effective June
30, 2001, the board shall consist of nine members appointed
by the governor. Members of the board shall include six persons who have been licensed in this state continuously for the
previous ten years. Three members shall be public members
qualified to judge whether the qualifications, activities, and
professional practice of those regulated under this chapter
conform with standards to protect the public interest, including one public member qualified to represent the interests of
clients of individuals and firms licensed under this chapter.
(2) The members of the board shall be appointed by the
governor to a term of three years. Vacancies occurring during a term shall be filled by appointment for the unexpired
term. Upon the expiration of a member's term of office, the
member shall continue to serve until a successor has been
appointed and has assumed office. The governor shall
remove from the board any member whose license to practice
has been revoked or suspended and may, after hearing,
remove any member of the board for neglect of duty or other
just cause. No person who has served three successive complete terms is eligible for reappointment. Appointment to fill
an unexpired term is not considered a complete term. In
order to stagger their terms, of the two new appointments
made to the board upon June 11, 1992, the first appointed
member shall serve a term of two years initially. [2004 c 159
§ 1; 2001 c 294 § 3; 1992 c 103 § 3; 1986 c 295 § 2; 1983 c
234 § 4.]
Effective date—2001 c 294: See note following RCW 18.04.015.
[Title 18 RCW—page 3]
18.04.045
Title 18 RCW: Businesses and Professions
18.04.045 Board—Officers and staff—Powers and
duties. (1) The board shall annually elect a chair, a vicechair, and a secretary from its members.
(2) A majority of the board constitutes a quorum for the
transaction of business.
(3) The board shall have a seal which shall be judicially
noticed.
(4) The board shall keep records of its proceedings, and
of any proceeding in court arising from or founded upon this
chapter. Copies of these records certified as correct under the
seal of the board are admissible in evidence as tending to
prove the content of the records.
(5) The governor shall appoint an executive director of
the board, who shall serve at the pleasure of the governor.
The executive director may employ such personnel as is
appropriate for carrying out the purposes of this chapter. The
executive director shall hold a valid Washington license. The
board may arrange for such volunteer assistance as it requires
to perform its duties. Individuals or committees assisting the
board constitute volunteers for purposes of chapter 4.92
RCW.
(6) The board shall file an annual report of its activities
with the governor. The report shall include, but not be limited
to, a statement of all receipts and disbursements. Upon
request, the board shall mail a copy of each annual report to
any member of the public.
(7) In making investigations concerning alleged violations of the provisions of this chapter and in all proceedings
under RCW 18.04.295 or chapter 34.05 RCW, the board
chair, or a member of the board, or a board designee acting in
the chair's place, may administer oaths or affirmations to witnesses appearing before the board, subpoena witnesses and
compel their attendance, take testimony, and require that documentary evidence be submitted.
(8) The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of
impropriety on the part of any particular licensee. If as a
result of such review the board discovers reasonable grounds
for a more specific investigation, the board may proceed
under its investigative and disciplinary rules.
(9) The board may provide for consumer alerts and public protection information to be published regarding persons
or firms who violate the provisions of this chapter or board
rule and may provide general consumer protection information to the public.
(10) As provided in RCW 18.04.370, the board may
enter into stipulated agreements and orders of assurance with
persons who have violated the provisions of RCW 18.04.345
or certify the facts to the prosecuting attorney of the county in
which such person resides for criminal prosecution. [2001 c
294 § 4; 1992 c 103 § 4; 1986 c 295 § 3; 1983 c 234 § 5.]
18.04.045
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.055
18.04.055 Board—Rules. The board may adopt and
amend rules under chapter 34.05 RCW for the orderly conduct of its affairs. The board shall prescribe rules consistent
with this chapter as necessary to implement this chapter.
Included may be:
(1) Rules of procedure to govern the conduct of matters
before the board;
[Title 18 RCW—page 4]
(2) Rules of professional conduct for all licensees, certificate holders, and nonlicensee owners of licensed firms, in
order to establish and maintain high standards of competence
and ethics including rules dealing with independence, integrity, objectivity, and freedom from conflicts of interest;
(3) Rules specifying actions and circumstances deemed
to constitute holding oneself out as a licensee in connection
with the practice of public accountancy;
(4) Rules specifying the manner and circumstances of
the use of the titles "certified public accountant" and "CPA,"
by holders of certificates who do not also hold licenses under
this chapter;
(5) Rules specifying the educational requirements to take
the certified public accountant examination;
(6) Rules designed to ensure that licensees' "reports on
financial statements" meet the definitional requirements for
that term as specified in RCW 18.04.025;
(7) Requirements for CPE to maintain or improve the
professional competence of licensees as a condition to maintaining their license and certificate holders as a condition to
maintaining their certificate under RCW 18.04.215;
(8) Rules governing firms issuing or offering to issue
reports on financial statements or using the title "certified
public accountant" or "CPA" including, but not limited to,
rules concerning their style, name, title, and affiliation with
any other organization, and establishing reasonable practice
and ethical standards to protect the public interest;
(9) The board may by rule implement a quality assurance
review program as a means to monitor licensees' quality of
practice and compliance with professional standards. The
board may exempt from such program, licensees who
undergo periodic peer reviews in programs of the American
Institute of Certified Public Accountants, NASBA, or other
programs recognized and approved by the board;
(10) The board may by rule require licensed firms to
obtain professional liability insurance if in the board's discretion such insurance provides additional and necessary protection for the public;
(11) Rules specifying the experience requirements in
order to qualify for a license;
(12) Rules specifying the requirements for certificate
holders to qualify for a license under this chapter which must
include provisions for meeting CPE and experience requirements prior to application for licensure;
(13) Rules specifying the registration requirements,
including ethics examination and fee requirements, for resident nonlicensee partners, shareholders, and managers of
licensed firms;
(14) Rules specifying the ethics CPE requirements for
certificate holders and owners of licensed firms, including the
process for reporting compliance with those requirements;
(15) Rules specifying the experience and CPE requirements for licensees offering or issuing reports on financial
statements; and
(16) Any other rule which the board finds necessary or
appropriate to implement this chapter. [2001 c 294 § 5; 1992
c 103 § 5; 1986 c 295 § 4; 1983 c 234 § 6.]
Effective date—2001 c 294: See note following RCW 18.04.015.
(2004 Ed.)
Accountancy
18.04.065
18.04.065 Board—Fees—Disposition. The board shall
set its fees at a level adequate to pay the costs of administering this chapter. All fees for licenses, registrations of nonlicensee partners, shareholders, and managers of licensed firms,
renewals of licenses, renewals of registrations of nonlicensee
partners, shareholders, and managers of licensed firms,
renewals of certificates, reinstatements of lapsed licenses,
reinstatements of lapsed certificates, reinstatements of lapsed
registrations of nonlicensee partners, shareholders, and managers of licensed firms, practice privileges under RCW
18.04.350, and delinquent filings received under the authority of this chapter shall be deposited in the certified public
accountants' account created by RCW 18.04.105. Appropriation from such account shall be made only for the cost of
administering the provisions of this chapter. [2001 c 294 § 6;
1992 c 103 § 6; 1983 c 234 § 24.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.080
18.04.080 Compensation and travel expenses of
members. Each member of the board shall be compensated
in accordance with RCW 43.03.240 and shall be reimbursed
for travel expenses incurred in the discharge of such duties in
accordance with RCW 43.03.050 and 43.03.060. [1984 c 287
§ 20; 1983 c 234 § 22; 1975-'76 2nd ex.s. c 34 § 25; 1949 c
226 § 7; Rem. Supp. 1949 § 8269-14.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.04.105
18.04.105 Issuance of license—Requirements—
Examination—Fees—Certified public accountants'
account—Valid certificates previously issued under chapter—Continuing professional education—Inactive certificates. (1) A license to practice public accounting shall be
granted by the board to any person:
(a) Who is of good character. Good character, for purposes of this section, means lack of a history of dishonest or
felonious acts. The board may refuse to grant a license on the
ground of failure to satisfy this requirement only if there is a
substantial connection between the lack of good character of
the applicant and the professional and ethical responsibilities
of a licensee and if the finding by the board of lack of good
character is supported by a preponderance of evidence.
When an applicant is found to be unqualified for a license
because of a lack of good character, the board shall furnish
the applicant a statement containing the findings of the board
and a notice of the applicant's right of appeal;
(b) Who has met the educational standards established
by rule as the board determines to be appropriate;
(c) Who has passed an examination;
(d) Who has had one year of experience which is gained:
(i) Through the use of accounting, issuing reports on
financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills;
(ii) While employed in government, industry, academia,
or public practice; and
(iii) Meeting the competency requirements in a manner
as determined by the board to be appropriate and established
by board rule; and
(2004 Ed.)
18.04.105
(e) Who has paid appropriate fees as established by rule
by the board.
(2) The examination described in subsection (1)(c) of
this section shall test the applicant's knowledge of the subjects of accounting and auditing, and other related fields the
board may specify by rule. The time for holding the examination is fixed by the board and may be changed from time to
time. The board shall prescribe by rule the methods of applying for and taking the examination, including methods for
grading examinations and determining a passing grade
required of an applicant for a license. The board shall to the
extent possible see to it that the grading of the examination,
and the passing grades, are uniform with those applicable to
all other states. The board may make use of all or a part of the
uniform certified public accountant examination and advisory grading service of the American Institute of Certified
Public Accountants and may contract with third parties to
perform administrative services with respect to the examination as the board deems appropriate to assist it in performing
its duties under this chapter. The board shall establish by rule
provisions for transitioning to a new examination structure or
to a new media for administering the examination.
(3) The board shall charge each applicant an examination
fee for the initial examination or for reexamination. The
applicable fee shall be paid by the person at the time he or she
applies for examination, reexamination, or evaluation of educational qualifications. Fees for examination, reexamination,
or evaluation of educational qualifications shall be determined by the board under chapter 18.04 RCW. There is
established in the state treasury an account to be known as the
certified public accountants' account. All fees received from
candidates to take any or all sections of the certified public
accountant examination shall be used only for costs related to
the examination.
(4) Persons who on June 30, 2001, held valid certificates
previously issued under this chapter shall be deemed to be
certificate holders, subject to the following:
(a) Certificate holders may, prior to June 30, 2006, petition the board to become licensees by documenting to the
board that they have gained one year of experience through
the use of accounting, issuing reports on financial statements,
management advisory, financial advisory, tax, tax advisory,
or consulting skills, without regard to the eight-year limitation set forth in (b) of this subsection, while employed in government, industry, academia, or public practice.
(b) Certificate holders who do not petition to become licensees prior to June 30, 2006, may after that date petition the
board to become licensees by documenting to the board that
they have one year of experience acquired within eight years
prior to applying for a license through the use of accounting,
issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills
in government, industry, academia, or public practice.
(c) Certificate holders who petition the board pursuant to
(a) or (b) of this subsection must also meet competency
requirements in a manner as determined by the board to be
appropriate and established by board rule.
(d) Any certificate holder petitioning the board pursuant
to (a) or (b) of this subsection to become a licensee must submit to the board satisfactory proof of having completed an
[Title 18 RCW—page 5]
18.04.180
Title 18 RCW: Businesses and Professions
accumulation of one hundred twenty hours of CPE during the
thirty-six months preceding the date of filing the petition.
(e) Any certificate holder petitioning the board pursuant
to (a) or (b) of this subsection to become a licensee must pay
the appropriate fees established by rule by the board.
(5) Certificate holders shall comply with the prohibition
against the practice of public accounting in RCW 18.04.345.
(6) Persons who on June 30, 2001, held valid certificates
previously issued under this chapter are deemed to hold inactive certificates, subject to renewal as inactive certificates,
until they have petitioned the board to become licensees and
have met the requirements of subsection (4) of this section.
No individual who did not hold a valid certificate before July
1, 2001, is eligible to obtain an inactive certificate.
(7) Persons deemed to hold inactive certificates under
subsection (6) of this section shall comply with the prohibition against the practice of public accounting in subsection
(8)(b) of this section and RCW 18.04.345, but are not
required to display the term inactive as part of their title, as
required by subsection (8)(a) of this section until renewal.
Certificates renewed to any persons after June 30, 2001, are
inactive certificates and the inactive certificate holders are
subject to the requirements of subsection (8) of this section.
(8) Persons holding an inactive certificate:
(a) Must use or attach the term "inactive" whenever
using the title CPA or certified public accountant or referring
to the certificate, and print the word "inactive" immediately
following the title, whenever the title is printed on a business
card, letterhead, or any other document, including documents
published or transmitted through electronic media, in the
same font and font size as the title; and
(b) Are prohibited from practicing public accounting.
[2004 c 159 § 2; 2001 c 294 § 7; 2000 c 171 § 2; 1999 c 378
§ 2; 1992 c 103 § 7; 1991 sp.s. c 13 § 20; 1986 c 295 § 6; 1985
c 57 § 3; 1983 c 234 § 7.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 57 § 91.]
18.04.180
18.04.180 Reciprocity. (1) The board shall issue a
license to a holder of a certificate/valid license issued by
another state that entitles the holder to practice public
accountancy, provided that:
(a) Such state makes similar provision to grant reciprocity to a holder of a valid certificate or license in this state;
(b) The applicant meets the CPE requirements of RCW
18.04.215(5);
(c) The applicant meets the good character requirements
of RCW 18.04.105(1)(a); and
(d) The applicant passed the examination required for
issuance of his or her certificate or license with grades that
would have been passing grades at that time in this state and
meets all current requirements in this state for issuance of a
license at the time application is made; or at the time of the
issuance of the applicant's license in the other state, met all
the requirements then applicable in this state; or has three
years of experience within the five years immediately preced[Title 18 RCW—page 6]
ing application or had five years of experience within the ten
years immediately preceding application in the practice of
public accountancy that meets the requirements prescribed by
the board.
(2) The board may accept NASBA's designation of the
applicant as substantially equivalent to national standards as
meeting the requirement of subsection (1)(d) of this section.
(3) A licensee who has been granted a license under the
reciprocity provisions of this section shall notify the board
within thirty days if the license or certificate issued in the
other jurisdiction has lapsed or if the status of the license or
certificate issued in the other jurisdiction becomes otherwise
invalid. [2004 c 159 § 3; 2001 c 294 § 8; 1992 c 103 § 8;
1949 c 226 § 17; Rem. Supp. 1949 § 8269-24.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.183
18.04.183 Accountants from foreign countries. The
board shall grant a license as a certified public accountant to
a holder of a permit, license, or certificate issued by a foreign
country's board, agency, or institute, provided that:
(1) The foreign country where the foreign permit,
license, or certificate was issued is a party to an agreement on
trade with the United States that encourages the mutual recognition of licensing and certification requirements for the
provision of covered services by the parties under the trade
agreement;
(2) Such foreign country's board, agency, or institute
makes similar provision to allow a person who holds a valid
license issued by this state to obtain such foreign country's
comparable permit, license, or certificate;
(3) The foreign permit, license, or certificate:
(a) Was duly issued by such foreign country's board,
agency, or institute that regulates the practice of public
accountancy; and
(b) Is in good standing at the time of the application; and
(c) Was issued upon the basis of educational, examination, experience, and ethical requirements substantially
equivalent currently or at the time of issuance of the foreign
permit, license, or certificate to those in this state;
(4) The applicant has within the thirty-six months prior
to application completed an accumulation of one hundred
twenty hours of CPE as required under RCW 18.04.215(5).
The board shall provide for transition from existing to new
CPE requirements;
(5) The applicant's foreign permit, license, or certificate
was the type of permit, license, or certificate requiring the
most stringent qualifications if, in the foreign country, more
than one type of permit, license, or certificate is issued. This
state's board shall decide which are the most stringent qualifications;
(6) The applicant has passed a written examination or its
equivalent, approved by the board, that tests knowledge in
the areas of United States accounting principles, auditing
standards, commercial law, income tax law, and Washington
state rules of professional ethics; and
(7) The applicant has within the eight years prior to
applying for a license under this section, demonstrated, in
accordance with the rules issued by the board, one year of
public accounting experience, within the foreign country
where the foreign permit, license, or certificate was issued,
(2004 Ed.)
Accountancy
equ iv alent to the exper ience required un der RCW
18.04.105(1)(d) or such other experience or employment
which the board in its discretion regards as substantially
equivalent.
The board may adopt by rule new CPE standards that
differ from those in subsection (4) of this section or RCW
18.04.215 if the new standards are consistent with the CPE
standards of other states so as to provide to the greatest extent
possible, consistent national standards.
A licensee who has been granted a license under the reciprocity provisions of this section shall notify the board
within thirty days if the permit, license, or certificate issued
in the other jurisdiction has lapsed or if the status of the permit, license, or certificate issued in the other jurisdiction
becomes otherwise invalid. [2001 c 294 § 9; 1999 c 378 § 3;
1992 c 103 § 18.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.185
18.04.185 Application for license—Secretary of state
agent for service of process. Application for a license to
practice public accounting in this state by a certified public
accountant or CPA firm who holds a license or permit to
practice issued by another state constitutes the appointment
of the secretary of state as an agent for service of process in
any action or proceeding against the applicant arising from
any transaction or operation connected with or incidental to
the practice of public accounting in this state by the holder of
the license to practice. [2001 c 294 § 10; 1999 c 378 § 4;
1986 c 295 § 7; 1983 c 234 § 8.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.195
18.04.195 License required—Requirements—Application—Fees. (1) A sole proprietorship engaged in business
in this state and offering to issue or issuing reports on financial statements or using the title CPA or certified public
accountant shall license, as a firm, every three years with the
board.
(a) The sole proprietor shall hold a license to practice
under RCW 18.04.215;
(b) Each resident person in charge of an office located in
this state shall hold a license to practice under RCW
18.04.215; and
(c) The licensed firm must meet competency requirements established by rule by the board.
(2) A partnership engaged in business in this state and
offering to issue or issuing reports on financial statements or
using the title CPA or certified public accountant shall
license as a firm every three years with the board, and shall
meet the following requirements:
(a) At least one general partner of the partnership shall
hold a license to practice under RCW 18.04.215;
(b) Each resident person in charge of an office in this
state shall hold a license to practice under RCW 18.04.215;
(c) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
partners or owners shall be held by natural persons who are
licensees or holders of a valid license issued under this chapter or by another state that entitles the holder to practice public accounting in this state. The principal partner of the partnership and any partner having authority over issuing reports
(2004 Ed.)
18.04.195
on financial statements shall hold a license under this chapter
or issued by another state that entitles the holder to practice
public accounting in this state; and
(d) The licensed firm must meet competency requirements established by rule by the board.
(3) A corporation engaged in business in this state and
offering to issue or issuing reports on financial statements or
using the title CPA or certified public accountant shall
license as a firm every three years with the board and shall
meet the following requirements:
(a) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
shareholders or owners shall be held by natural persons who
are licensees or holders of a valid license issued under this
chapter or by another state that entitles the holder to practice
public accounting in this state and is principally employed by
the corporation or actively engaged in its business. The principal officer of the corporation and any officer or director
having authority over issuing reports on financial statements
shall hold a license under this chapter or issued by another
state that entitles the holder to practice public accounting in
this state;
(b) At least one shareholder of the corporation shall hold
a license under RCW 18.04.215;
(c) Each resident person in charge of an office located in
this state shall hold a license under RCW 18.04.215;
(d) A written agreement shall bind the corporation or its
shareholders to purchase any shares offered for sale by, or not
under the ownership or effective control of, a qualified shareholder, and bind any holder not a qualified shareholder to sell
the shares to the corporation or its qualified shareholders.
The agreement shall be noted on each certificate of corporate
stock. The corporation may purchase any amount of its stock
for this purpose, notwithstanding any impairment of capital,
as long as one share remains outstanding;
(e) The corporation shall comply with any other rules
pertaining to corporations practicing public accounting in this
state as the board may prescribe; and
(f) The licensed firm must meet competency requirements established by rule by the board.
(4) A limited liability company engaged in business in
this state and offering to issue or issuing reports on financial
statements or using the title CPA or certified public accountant shall license as a firm every three years with the board,
and shall meet the following requirements:
(a) At least one member of the limited liability company
shall hold a license under RCW 18.04.215;
(b) Each resident manager or member in charge of an
office located in this state shall hold a license under RCW
18.04.215;
(c) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
owners shall be held by natural persons who are licensees or
holders of a valid license issued under this chapter or by
another state that entitles the holder to practice public
accounting in this state. The principal member or manager of
the limited liability company and any member having authority over issuing reports on financial statements shall hold a
license under this chapter or issued by another state that entitles the holder to practice public accounting in this state; and
[Title 18 RCW—page 7]
18.04.205
Title 18 RCW: Businesses and Professions
(d) The licensed firm must meet competency requirements established by rule by the board.
(5) Application for a license as a firm shall be made upon
the affidavit of the proprietor or person designated as managing partner, member, or shareholder for Washington. This
person shall hold a license under RCW 18.04.215. The board
shall determine in each case whether the applicant is eligible
for a license. A partnership, corporation, or limited liability
company which is licensed to practice under RCW 18.04.215
may use the designation "certified public accountants" or
"CPAs" in connection with its partnership, limited liability
company, or corporate name. The board shall be given notification within ninety days after the admission or withdrawal
of a partner, shareholder, or member engaged in this state in
the practice of public accounting from any partnership, corporation, or limited liability company so licensed.
(6) Licensed firms which fall out of compliance with the
provisions of this section due to changes in firm ownership or
personnel, after receiving or renewing a license, shall notify
the board in writing within ninety days of its falling out of
compliance and propose a time period in which they will
come back into compliance. The board may grant a reasonable period of time for a firm to be in compliance with the
provisions of this section. Failure to bring the firm into compliance within a reasonable period of time, as determined by
the board, may result in suspension, revocation, or imposition
of conditions on the firm's license.
(7) Fees for the license as a firm and for notification of
the board of the admission or withdrawal of a partner, shareholder, or member shall be determined by the board. Fees
shall be paid by the firm at the time the license application
form or notice of admission or withdrawal of a partner, shareholder, or member is filed with the board.
(8) Nonlicensee owners of licensed firms are:
(a) Required to fully comply with the provisions of this
chapter and board rules;
(b) Required to be a natural person;
(c) Required to be an active individual participant in the
licensed firm or affiliated entities as these terms are defined
by board rule; and
(d) Subject to discipline by the board for violation of this
chapter.
(9) Resident nonlicensee owners of licensed firms are
required to meet:
(a) The ethics examination, registration, and fee requirements as established by the board rules; and
(b) The ethics CPE requirements established by the
board rules.
(10)(a) Licensed firms must notify the board within
thirty days after:
(i) Sanction, suspension, revocation, or modification of
their professional license or practice rights by the securities
exchange commission, internal revenue service, or another
state board of accountancy;
(ii) Sanction or order against the licensee or nonlicensee
firm owner by any federal or other state agency related to the
licensee's practice of public accounting or violation of ethical
or technical standards established by board rule; or
(iii) The licensed firm is notified that it has been charged
with a violation of law that could result in the suspension or
revocation of the firm's license by a federal or other state
[Title 18 RCW—page 8]
agency, as identified by board rule, related to the firm's professional license, practice rights, or violation of ethical or
technical standards established by board rule.
(b) The board must adopt rules to implement this subsection and may also adopt rules specifying requirements for licensees to report to the board sanctions or orders relating to
the licensee's practice of public accounting or violation of
ethical or technical standards entered against the licensee by
a nongovernmental professionally related standard-setting
entity. [2003 c 290 § 1; 2001 c 294 § 11; 1999 c 378 § 5;
1994 c 211 § 1402; 1986 c 295 § 8; 1983 c 234 § 9.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
18.04.205
18.04.205 Registration of offices—Requirements—
Rules—Fees. (1) Each office established or maintained in
this state for the purpose of offering to issue or issuing reports
on financial statements in this state or that uses the title "certified public accountant" or "CPA," shall register with the
board under this chapter every three years.
(2) Each office shall be under the direct supervision of a
resident licensee holding a license under RCW 18.04.215.
(3) The board shall by rule prescribe the procedure to be
followed to register and maintain offices established in this
state for the purpose of offering to issue or issuing reports on
financial statements or that use the title "certified public
accountant" or "CPA."
(4) Fees for the registration of offices shall be determined by the board. Fees shall be paid by the applicant at the
time the registration form is filed with the board. [2001 c 294
§ 12; 1999 c 378 § 6; 1992 c 103 § 9; 1986 c 295 § 9; 1983 c
234 § 10.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.215
18.04.215 Licenses—Issuance—Renewal and reinstatement—Continuing professional education—Fees—
Notification of sanction/suspension/revocation of license.
(1) Three-year licenses shall be issued by the board:
(a) To persons meeting the requirements of RCW
18.04.105(1), 18.04.180, or 18.04.183.
(b) To certificate holders meeting the requirements of
RCW 18.04.105(4).
(c) To firms under RCW 18.04.195, meeting the requirements of RCW 18.04.205.
(2) The board shall, by rule, provide for a system of certificate and license renewal and reinstatement. Applicants for
renewal or reinstatement shall, at the time of filing their
applications, list with the board all states and foreign jurisdictions in which they hold or have applied for certificates, permits or licenses to practice.
(3) An inactive certificate is renewed every three years
with renewal subject to the requirements of ethics CPE and
the payment of fees, prescribed by the board. Failure to
renew the inactive certificate shall cause the inactive certificate to lapse and be subject to reinstatement. The board shall
adopt rules providing for fees and procedures for renewal and
reinstatement of inactive certificates.
(4) A license is issued every three years with renewal
subject to requirements of CPE and payment of fees, pre(2004 Ed.)
Accountancy
scribed by the board. Failure to renew the license shall cause
the license to lapse and become subject to reinstatement. Persons holding a lapsed license are prohibited from using the
title "CPA" or "certified public accountant." Persons holding
a lapsed license are prohibited from practicing public accountancy. The board shall adopt rules providing for fees and procedures for issuance, renewal, and reinstatement of licenses.
(5) The board shall adopt rules providing for CPE for licensees and certificate holders. The rules shall:
(a) Provide that a licensee shall verify to the board that
he or she has completed at least an accumulation of one hundred twenty hours of CPE during the last three-year period to
maintain the license;
(b) Establish CPE requirements; and
(c) Establish when new licensees shall verify that they
have completed the required CPE.
(6) A certified public accountant who holds a license
issued by another state, and applies for a license in this state,
may practice in this state from the date of filing a completed
application with the board, until the board has acted upon the
application provided the application is made prior to holding
out as a certified public accountant in this state and no sanctions or investigations, deemed by the board to be pertinent to
public accountancy, by other jurisdictions or agencies are in
process.
(7) A licensee shall submit to the board satisfactory
proof of having completed an accumulation of one hundred
twenty hours of CPE recognized and approved by the board
during the preceding three years. Failure to furnish this evidence as required shall make the license lapse and subject to
reinstatement procedures, unless the board determines the
failure to have been due to retirement or reasonable cause.
The board in its discretion may renew a certificate or
license despite failure to furnish evidence of compliance with
requirements of CPE upon condition that the applicant follow
a particular program of CPE. In issuing rules and individual
orders with respect to CPE requirements, the board, among
other considerations, may rely upon guidelines and pronouncements of recognized educational and professional
associations, may prescribe course content, duration, and
organization, and may take into account the accessibility of
CPE to licensees and certificate holders and instances of individual hardship.
(8) Fees for renewal or reinstatement of certificates and
licenses in this state shall be determined by the board under
this chapter. Fees shall be paid by the applicant at the time
the application form is filed with the board. The board, by
rule, may provide for proration of fees for licenses or certificates issued between normal renewal dates.
(9)(a) Licensees, certificate holders, and nonlicensee
owners must notify the board within thirty days after:
(i) Sanction, suspension, revocation, or modification of
their professional license or practice rights by the securities
exchange commission, internal revenue service, or another
state board of accountancy;
(ii) Sanction or order against the licensee, certificate
holder, or nonlicensee owner by any federal or other state
agency related to the licensee's practice of public accounting
or the licensee's, certificate holder's, or nonlicensee owner's
violation of ethical or technical standards established by
board rule; or
(2004 Ed.)
18.04.295
(iii) The licensee, certificate holder, or nonlicensee
owner is notified that he or she has been charged with a violation of law that could result in the suspension or revocation
of a license or certificate by a federal or other state agency, as
identified by board rule, related to the licensee's, certificate
holder's, or nonlicensee owner's professional license, practice
rights, or violation of ethical or technical standards established by board rule.
(b) The board must adopt rules to implement this subsection and may also adopt rules specifying requirements for licensees, certificate holders, and nonlicensee owners to report
to the board sanctions or orders relating to the licensee's practice of public accounting or the licensee's, certificate holder's,
or nonlicensee owner's violation of ethical or technical standards entered against the licensee, certificate holder, or nonlicensee owner by a nongovernmental professionally related
standard-setting entity. [2003 c 290 § 2; 2001 c 294 § 13;
1999 c 378 § 7; 1992 c 103 § 10; 1986 c 295 § 10; 1983 c 234
§ 11.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.295
18.04.295 Actions against CPA license. The board
shall have the power to: Revoke, suspend, or refuse to issue,
renew, or reinstate a license or certificate; impose a fine in an
amount not to exceed thirty thousand dollars plus the board's
investigative and legal costs in bringing charges against a
certified public accountant, a certificate holder, a licensee, a
licensed firm, an applicant, a non-CPA violating the provisions of RCW 18.04.345, or a nonlicensee holding an ownership interest in a licensed firm; may impose full restitution to
injured parties; may impose conditions precedent to renewal
of a certificate or a license; or may prohibit a nonlicensee
from holding an ownership interest in a licensed firm, for any
of the following causes:
(1) Fraud or deceit in obtaining a license, or in any filings with the board;
(2) Dishonesty, fraud, or negligence while representing
oneself as a nonlicensee owner holding an ownership interest
in a licensed firm, a licensee, or a certificate holder;
(3) A violation of any provision of this chapter;
(4) A violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter;
(5) Conviction of a crime or an act constituting a crime
under:
(a) The laws of this state;
(b) The laws of another state, and which, if committed
within this state, would have constituted a crime under the
laws of this state; or
(c) Federal law;
(6) Cancellation, revocation, suspension, or refusal to
renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay
a fee or to meet the requirements of CPE in the other state;
(7) Suspension or revocation of the right to practice matters relating to public accounting before any state or federal
agency;
For purposes of subsections (6) and (7) of this section, a
certified copy of such revocation, suspension, or refusal to
renew shall be prima facie evidence;
[Title 18 RCW—page 9]
18.04.305
Title 18 RCW: Businesses and Professions
(8) Failure to maintain compliance with the requirements
for issuance, renewal, or reinstatement of a certificate or
license, or to report changes to the board;
(9) Failure to cooperate with the board by:
(a) Failure to furnish any papers or documents requested
or ordered by the board;
(b) Failure to furnish in writing a full and complete
explanation covering the matter contained in the complaint
filed with the board or the inquiry of the board;
(c) Failure to respond to subpoenas issued by the board,
whether or not the recipient of the subpoena is the accused in
the proceeding;
(10) Failure by a nonlicensee owner of a licensed firm to
comply with the requirements of this chapter or board rule;
and
(11) Failure to comply with an order of the board. [2004
c 159 § 4; 2003 c 290 § 3; 2001 c 294 § 14; 2000 c 171 § 1;
1992 c 103 § 11; 1986 c 295 § 11; 1983 c 234 § 12.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.305
18.04.305 Actions against firm license. The board
may revoke, suspend, or refuse to renew the license issued to
a firm if at any time the firm does not meet the requirements
of this chapter for licensing, or for any of the causes enumerated in RCW 18.04.295, or for any of the following additional causes:
(1) The revocation or suspension of the sole-practitioner's license or the revocation or suspension or refusal to
renew the license of any partner, manager, member, or shareholder;
(2) The revocation, suspension, or refusal to renew the
license of the firm, or any partner, manager, member, or
shareholder thereof, to practice public accounting in any
other state or foreign jurisdiction for any cause other than
failure to pay a fee or to meet the CPE requirements of the
other state or foreign jurisdiction;
(3) Failure by a nonlicensee owner of a licensed firm to
comply with the requirements of this chapter or board rule; or
(4) Failure of the firm to comply with the requirements
of this chapter or board rule. [2001 c 294 § 15; 1992 c 103 §
12; 1986 c 295 § 12; 1983 c 234 § 13.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.320
18.04.320 Actions against license—Procedures. In
the case of the refusal, revocation, or suspension of a certificate or a license by the board under the provisions of this
chapter, such proceedings and any appeal therefrom shall be
taken in accordance with the administrative procedure act,
chapter 34.05 RCW. [1986 c 295 § 13; 1983 c 234 § 14; 1949
c 226 § 31; Rem. Supp. 1949 § 8269-38.]
18.04.335
18.04.335 Reissuance or modification of suspension
of license or certificate. (1) Upon application in writing and
after hearing pursuant to notice, the board may:
(a) Modify the suspension of, or reissue a certificate or a
license to, an individual whose certificate or license has been
revoked or suspended; or
(b) Modify the suspension of, or reissue a license to a
firm whose license has been revoked, suspended, or which
the board has refused to renew.
[Title 18 RCW—page 10]
(2) In the case of suspension for failure to comply with a
support order under chapter 74.20A RCW, if the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of a certificate or a license
shall be automatic upon the board's receipt of a release issued
by the department of social and health services stating that
the individual is in compliance with the order. [2001 c 294 §
16; 1997 c 58 § 812; 1992 c 103 § 13; 1986 c 295 § 14; 1983
c 234 § 15.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.04.345
18.04.345 Prohibited practices. (1) No person may
assume or use the designation "certified public accountantinactive" or "CPA-inactive" or any other title, designation,
words, letters, abbreviation, sign, card, or device tending to
indicate that the person is a certified public accountant-inactive or CPA-inactive unless the person holds a certificate.
Persons holding only a certificate may not practice public
accounting.
(2) No person may hold himself or herself out to the public or assume or use the designation "certified public accountant" or "CPA" or any other title, designation, words, letters,
abbreviation, sign, card, or device tending to indicate that the
person is a certified public accountant or CPA unless the person holds a license under RCW 18.04.215.
(3) No firm may hold itself out to the public as offering
to issue or issuing reports on financial statements, or assume
or use the designation "certified public accountant" or "CPA"
or any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the firm is composed of certified public accountants or CPAs, unless the
firm is licensed under RCW 18.04.195 and all offices of the
firm in this state are maintained and registered under RCW
18.04.205.
(4) No person, partnership, limited liability company, or
corporation offering accounting services to the public may
hold himself, herself, or itself out to the public, or assume or
use along, or in connection with his, hers, or its name, or any
other name the title or designation "certified accountant,"
"chartered accountant," "licensed accountant," "licensed public accountant," "public accountant," or any other title or designation likely to be confused with "certified public accountant" or any of the abbreviations "CA," "LA," "LPA," or
"PA," or similar abbreviations likely to be confused with
"CPA."
(5) No licensed firm may operate under an alias, a firm
name, title, or "DBA" that differs from the firm name that is
registered with the board.
(6) No person may sign, affix, or associate his or her
name or any trade or assumed name used by the person in his
or her business to any report designated as an "audit,"
"review," or "compilation," unless the person holds a license
to practice under RCW 18.04.215 and a firm license under
RCW 18.04.195, and all of the person's offices in this state
are licensed under RCW 18.04.205.
(2004 Ed.)
Accountancy
(7) No person may sign, affix, or associate a firm name
to any report designated as an "audit," "review," or "compilation," unless the firm is licensed under RCW 18.04.195 and
18.04.215, and all of its offices in this state are maintained
and registered under RCW 18.04.205.
(8) No person, partnership, limited liability company, or
corporation not holding a license to practice under RCW
18.04.215 may hold himself, herself, or itself out to the public
as an "auditor" with or without any other description or designation by use of such word on any sign, card, letterhead, or
in any advertisement or directory. [2001 c 294 § 17; 1999 c
378 § 8; 1992 c 103 § 14; 1986 c 295 § 15; 1983 c 234 § 16.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.350
18.04.350 Practices not prohibited. (1) Nothing in this
chapter prohibits any person not holding a license from serving as an employee of a firm licensed under RCW 18.04.215.
However, the employee or assistant shall not issue any
accounting or financial statement over his or her name.
(2)(a) An individual, whose principal place of business is
not in this state, who has a valid certificate or license as a certified public accountant from another state, and (i) whose
state of licensure has education, examination, and experience
requirements that are deemed by the board to be substantially
equivalent to this state's requirements or (ii) who, as an individual, has education, examination, and experience that are
deemed by the board to be substantially equivalent to this
state's requirement shall have all the privileges of license
holders of this state without the need to obtain a license under
RCW 18.04.105 or 18.04.195. However, such individuals
shall notify the board, under such circumstances and in such
manner as the board determines by rule, of their intent to
enter the state under this section. The board shall have the
authority to establish a fee for the practice privilege granted
under this section by rule.
(b) An individual that enters the state under this section
and is granted this practice privilege shall abide by this chapter and the rules adopted under this chapter and shall be subject to discipline for violation of this chapter. However, such
individual is exempt from the continuing education requirements of this chapter provided the individual has met the continuing education requirements of the state in which the individual holds a valid certificate or license. The board may
accept NASBA's designation of the individual's state as substantially equivalent to national standards, or NASBA's designation of the applicant as substantially equivalent to
national standards, as meeting the requirement for a certified
public accountant to be substantially equivalent to this state's
requirements.
(c) Any certificate or license holder of another state exercising the privilege afforded under this section consents, as a
condition of the grant of this privilege:
(i) To the personal and subject matter jurisdiction of the
board;
(ii) To the appointment of the state board which issued
the certificate or license as their agent upon whom process
may be served in any action or proceeding by this state's
board against the certificate holder or licensee.
(d) A licensee of this state offering or rendering services
or using their certified public accountant title in another state
(2004 Ed.)
18.04.350
shall be subject to disciplinary action in this state for an act
committed in another state for which the certificate or permit
holder would be subject to discipline for an act committed in
the other state provided the board receives timely notification
of the act. Notwithstanding RCW 18.04.295, the board may
investigate any complaint made by the board of accountancy
of another state.
(3) Nothing in this chapter prohibits a licensee, a
licensed firm, or any of their employees from disclosing any
data in confidence to other certified public accountants, quality assurance or peer review teams, partnerships, limited liability companies, or corporations of public accountants or to
the board or any of its employees engaged in conducting
quality assurance or peer reviews, or any one of their employees in connection with quality or peer reviews of that accountant's accounting and auditing practice conducted under the
auspices of recognized professional associations.
(4) Nothing in this chapter prohibits a licensee, a
licensed firm, or any of their employees from disclosing any
data in confidence to any employee, representative, officer,
or committee member of a recognized professional association, or to the board, or any of its employees or committees in
connection with a professional investigation held under the
auspices of recognized professional associations or the board.
(5) Nothing in this chapter prohibits any officer,
employee, partner, or principal of any organization:
(a) From affixing his or her signature to any statement or
report in reference to the affairs of the organization with any
wording designating the position, title, or office which he or
she holds in the organization; or
(b) From describing himself or herself by the position,
title, or office he or she holds in such organization.
(6) Nothing in this chapter prohibits any person or firm
composed of persons not holding a license under RCW
18.04.215 from offering or rendering to the public bookkeeping, accounting, tax services, the devising and installing of
financial information systems, management advisory, or consulting services, the preparation of tax returns, or the furnishing of advice on tax matters, the preparation of financial
statements, written statements describing how such financial
statements were prepared, or similar services, provided that
persons, partnerships, limited liability companies, or corporations not holding a license under RCW 18.04.215 who offer
or render these services do not designate any written statement as an "audit report," "review report," or "compilation
report," do not issue any written statement which purports to
express or disclaim an opinion on financial statements which
have been audited, and do not issue any written statement
which expresses assurance on financial statements which
have been reviewed.
(7) Nothing in this chapter prohibits any act of or the use
of any words by a public official or a public employee in the
performance of his or her duties.
(8) Nothing contained in this chapter prohibits any person who holds only a valid certificate from assuming or using
the designation "certified public accountant-inactive" or
"CPA-inactive" or any other title, designation, words, letters,
sign, card, or device tending to indicate the person is a certificate holder, provided, that such person does not perform or
offer to perform for the public one or more kinds of services
involving the use of accounting or auditing skills, including
[Title 18 RCW—page 11]
18.04.360
Title 18 RCW: Businesses and Professions
issuance of reports on financial statements or of one or more
kinds of management advisory, financial advisory, consulting services, the preparation of tax returns, or the furnishing
of advice on tax matters.
(9) Nothing in this chapter prohibits the use of the title
"accountant" by any person regardless of whether the person
has been granted a certificate or holds a license under this
chapter. Nothing in this chapter prohibits the use of the title
"enrolled agent" or the designation "EA" by any person
regardless of whether the person has been granted a certificate or holds a license under this chapter if the person is properly authorized at the time of use to use the title or designation by the United States department of the treasury. The
board shall by rule allow the use of other titles by any person
regardless of whether the person has been granted a certificate or holds a license under this chapter if the person using
the titles or designations is authorized at the time of use by a
nationally recognized entity sanctioning the use of board
authorized titles. [2001 c 294 § 18; 1992 c 103 § 15; 1986 c
295 § 16; 1983 c 234 § 17; 1969 c 114 § 7; 1949 c 226 § 34;
Rem. Supp. 1949 § 8269-41.]
Effective date—2001 c 294: See note following RCW 18.04.015.
(2) With the exception of first time violations of RCW
18.04.345, subject to subsection (3) of this section whenever
the board has reason to believe that any person is violating
the provisions of this chapter it shall certify the facts to the
prosecuting attorney of the county in which such person
resides or may be apprehended and the prosecuting attorney
shall cause appropriate proceedings to be brought against
such person.
(3) The board may elect to enter into a stipulated agreement and orders of assurance with persons in violation of
RCW 18.04.345 who have not previously been found to have
violated the provisions of this chapter. The board may order
full restitution to injured parties as a condition of a stipulated
agreement and order of assurance.
(4) Nothing herein contained shall be held to in any way
affect the power of the courts to grant injunctive or other
relief as above provided. [2004 c 159 § 5. Prior: 2003 c 290
§ 5; 2003 c 53 § 120; 2001 c 294 § 19; 1983 c 234 § 19; 1949
c 226 § 36; Rem. Supp. 1949 § 8269-43.]
Effective date—2004 c 159 § 5: "Section 5 of this act takes effect July
1, 2004." [2004 c 159 § 6.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.360
18.04.360 Practices may be enjoined. If, in the judgment of the board any person has engaged, or is about to
engage, in any acts or practices which constitute, or will constitute, a violation of this chapter, the board may make application to the appropriate court for an order enjoining such
acts or practices and upon a showing by the board that such
person has engaged, or is about to engage, in any such acts or
practices, an injunction, restraining order, or such other order
as may be appropriate may be granted by such court. [1983 c
234 § 18; 1949 c 226 § 35; Rem. Supp. 1949 § 8269-42.]
Injunctions: Chapter 7.40 RCW.
18.04.370
18.04.370 Penalty. (1) Any person who violates any
provision of this chapter shall be guilty of a crime, as follows:
(a) Any person who violates any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof,
shall be subject to a fine of not more than thirty thousand dollars, or to imprisonment for not more than six months, or to
both such fine and imprisonment.
(b) Notwithstanding (a) of this subsection, any person
who uses a professional title intended to deceive the public,
in violation of RCW 18.04.345, having previously entered
into a stipulated agreement and order of assurance with the
board, is guilty of a class C felony, and upon conviction
thereof, is subject to a fine of not more than thirty thousand
dollars, or to imprisonment for not more than two years, or to
both such fine and imprisonment.
(c) Notwithstanding (a) of this subsection, any person
whose license or certificate was suspended or revoked by the
board and who uses the CPA professional title intending to
deceive the public, in violation of RCW 18.04.345, having
previously entered into a stipulated agreement and order of
assurance with the board, is guilty of a class C felony, and
upon conviction thereof, is subject to a fine of not more than
thirty thousand dollars, or to imprisonment for not more than
two years, or to both fine and imprisonment.
[Title 18 RCW—page 12]
18.04.380 Advertising falsely—Effect. (1) The display
or presentation by a person of a card, sign, advertisement, or
other printed, engraved, or written instrument or device, bearing a person's name in conjunction with the words "certified
public accountant" or any abbreviation thereof shall be prima
facie evidence in any action brought under this chapter that
the person whose name is so displayed, caused or procured
the display or presentation of the card, sign, advertisement, or
other printed, engraved, or written instrument or device, and
that the person is holding himself or herself out to be a licensee, a certified public accountant, or a person holding a certificate under this chapter.
(2) The display or presentation by a person of a card,
sign, advertisement, or other printed, engraved, or written
instrument or device, bearing a person's name in conjunction
with the words certified public accountant-inactive or any
abbreviation thereof is prima facie evidence in any action
brought under this chapter that the person whose name is so
displayed caused or procured the display or presentation of
the card, sign, advertisement, or other printed, engraved, or
written instrument or device, and that the person is holding
himself or herself out to be a certified public accountant-inactive under this chapter.
(3) In any action under subsection (1) or (2) of this section, evidence of the commission of a single act prohibited by
this chapter is sufficient to justify an injunction or a conviction without evidence of a general course of conduct. [2001
c 294 § 20; 1986 c 295 § 17; 1983 c 234 § 20; 1949 c 226 §
37; Rem. Supp. 1949 § 8269-44.]
18.04.380
Effective date—2001 c 294: See note following RCW 18.04.015.
False advertising: Chapter 9.04 RCW.
18.04.390 Papers, records, schedules, etc., property
of the licensee or licensed firm—Prohibited practices—
Rights of client. (1) In the absence of an express agreement
between the licensee or licensed firm and the client to the
18.04.390
(2004 Ed.)
Accountancy
contrary, all statements, records, schedules, working papers,
and memoranda made by a licensee or licensed firm incident
to or in the course of professional service to clients, except
reports submitted by a licensee or licensed firm, are the property of the licensee or licensed firm.
(2) No statement, record, schedule, working paper, or
memorandum may be sold, transferred, or bequeathed without the consent of the client or his or her personal representative or assignee, to anyone other than one or more surviving
partners, shareholders, or new partners or new shareholders
of the licensee, partnership, limited liability company, or corporation, or any combined or merged partnership, limited liability company, or corporation, or successor in interest.
(3) A licensee shall furnish to the board or to his or her
client or former client, upon request and reasonable notice:
(a) A copy of the licensee's working papers or electronic
documents, to the extent that such working papers or electronic documents include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and
(b) Any accounting or other records belonging to, or
obtained from or on behalf of, the client that the licensee
removed from the client's premises or received for the client's
account; the licensee may make and retain copies of such
documents of the client when they form the basis for work
done by him or her.
(4)(a) For a period of seven years after the end of the fiscal period in which a licensed firm concludes an audit or
review of a client's financial statements, the licensed firm
must retain records relevant to the audit or review, as determined by board rule.
(b) The board must adopt rules to implement this subsection, including rules relating to working papers and document
retention.
(5) Nothing in this section should be construed as prohibiting any temporary transfer of workpapers or other material necessary in the course of carrying out peer reviews or as
otherwise interfering with the disclosure of information pursuant to RCW 18.04.405. [2003 c 290 § 4; 2001 c 294 § 21;
1992 c 103 § 16; 1986 c 295 § 18; 1983 c 234 § 21; 1949 c
226 § 38; Rem. Supp. 1949 § 8269-45.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.405
18.04.405 Confidential information—Disclosure,
when—Subpoenas. (1) A licensee, certificate holder, or
licensed firm, or any of their employees shall not disclose any
confidential information obtained in the course of a professional transaction except with the consent of the client or
former client or as disclosure may be required by law, legal
process, the standards of the profession, or as disclosure of
confidential information is permitted by RCW 18.04.350 (3)
and (4), 18.04.295(8), 18.04.390, and this section in connection with quality assurance, or peer reviews, investigations,
and any proceeding under chapter 34.05 RCW.
(2) This section shall not be construed as limiting the
authority of this state or of the United States or an agency of
this state, the board, or of the United States to subpoena and
use such confidential information obtained by a licensee, or
any of their employees in the course of a professional transaction in connection with any investigation, public hearing,
(2004 Ed.)
18.04.430
or other proceeding, nor shall this section be construed as
prohibiting a licensee or certified public accountant whose
professional competence has been challenged in a court of
law or before an administrative agency from disclosing confidential information as a part of a defense to the court action
or administrative proceeding.
(3) The proceedings, records, and work papers of a
review committee shall be privileged and shall not be subject
to discovery, subpoena, or other means of legal process or
introduction into evidence in any civil action, arbitration,
administrative proceeding, or board proceeding and no member of the review committee or person who was involved in
the peer review process shall be permitted or required to testify in any such civil action, arbitration, administrative proceeding, or board proceeding as to any matter produced, presented, disclosed, or discussed during or in connection with
the peer review process, or as to any findings, recommendations, evaluations, opinions, or other actions of such committees, or any members thereof. Information, documents, or
records that are publicly available are not to be construed as
immune from discovery or use in any civil action, arbitration,
administrative proceeding, or board proceeding merely
because they were presented or considered in connection
with the quality assurance or peer review process. [2001 c
294 § 22; 1992 c 103 § 17; 1986 c 295 § 19; 1983 c 234 § 23.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.420
18.04.420 License or certificate suspension—Nonpayment or default on educational loan or scholarship.
The board shall suspend the license or certificate of any person who has been certified by a lending agency and reported
to the board for nonpayment or default on a federally or stateguaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the
person an opportunity for a brief adjudicative proceeding
under RCW 34.05.485 through 34.05.494 and issue a finding
of nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. The person's license or certificate shall not be reissued until the person provides the board a written release issued by the lending
agency stating that the person is making payments on the loan
in accordance with a repayment agreement approved by the
lending agency. If the person has continued to meet all other
requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the
notice and payment of any reinstatement fee the board may
impose. [1996 c 293 § 2.]
Severability—1996 c 293: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1996 c 293 § 28.]
18.04.430
18.04.430 License or certificate suspension—Noncompliance with support order—Reissuance. The board
shall immediately suspend the certificate or license of a person who has been certified pursuant to RCW 74.20A.320 by
the department of social and health services as a person who
is not in compliance with a support order or a *residential or
visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the
[Title 18 RCW—page 13]
18.04.901
Title 18 RCW: Businesses and Professions
board's receipt of a release issued by the department of social
and health services stating that the licensee is in compliance
with the order. [1997 c 58 § 811.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.04.901
18.04.901 Severability. If any provision of this chapter
or its application to any person or circumstance is held
invalid, the remainder of the chapter or the application of the
provision to other persons or circumstances is not affected.
[1986 c 295 § 20; 1983 c 234 § 34.]
18.04.910 Effective date—1983 c 234. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect on July 1,
1983. [1983 c 234 § 35.]
18.04.910
18.04.911
18.04.911 Effective date—1986 c 295. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect on July 1,
1986, except as provided in this section. *Section 5 of this act
shall not become effective if sections 90(1) and 4 of
Engrossed Substitute House Bill No. 1758 become law.
[1986 c 295 § 24.]
*Reviser's note: Section 5 of this act was vetoed by the governor.
18.04.920 Short title. This chapter may be cited as the
public accountancy act. [1986 c 295 § 22; 1983 c 234 § 1.]
18.04.920
Chapter 18.06
Chapter 18.06 RCW
ACUPUNCTURE
Sections
18.06.010
18.06.020
18.06.045
18.06.050
18.06.060
18.06.070
18.06.080
18.06.090
18.06.100
18.06.110
18.06.120
18.06.130
18.06.140
18.06.160
18.06.180
18.06.190
18.06.200
18.06.210
Definitions.
Practice without license unlawful.
Exemptions from chapter.
Applications for examination—Qualifications.
Approval of educational programs.
Approval of applications—Examination fee.
Authority of secretary—Examination—Contents—Ad hoc
committee—Immunity.
Fluency in English required.
Investigation of applicant's background.
Application of Uniform Disciplinary Act.
Compliance with administrative procedures—Fees.
Patient information form—Penalty.
Consultation and referral to other health care practitioners.
Adoption of rules.
Application of chapter to previously registered acupuncture
assistants.
Licensing by endorsement.
Health care insurance benefits not mandatory.
Prescription of drugs and practice of medicine not authorized.
Performance of acupuncture by physician assistants and osteopathic physician assistants: RCW 18.57A.070.
[Title 18 RCW—page 14]
18.06.010
18.06.010 Definitions. The following terms in this
chapter shall have the meanings set forth in this section
unless the context clearly indicates otherwise:
(1) "Acupuncture" means a health care service based on
an Oriental system of medical theory utilizing Oriental diagnosis and treatment to promote health and treat organic or
functional disorders by treating specific acupuncture points
or meridians. Acupuncture includes the following techniques:
(a) Use of acupuncture needles to stimulate acupuncture
points and meridians;
(b) Use of electrical, mechanical, or magnetic devices to
stimulate acupuncture points and meridians;
(c) Moxibustion;
(d) Acupressure;
(e) Cupping;
(f) Dermal friction technique;
(g) Infra-red;
(h) Sonopuncture;
(i) Laserpuncture;
(j) Point injection therapy (aquapuncture); and
(k) Dietary advice based on Oriental medical theory provided in conjunction with techniques under (a) through (j) of
this subsection.
(2) "Acupuncturist" means a person licensed under this
chapter.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health or the secretary's designee. [1995 c 323 § 4; 1992 c 110 § 1; 1991 c 3
§ 4; 1985 c 326 § 1.]
18.06.020
18.06.020 Practice without license unlawful. (1) No
one may hold themselves out to the public as an acupuncturist
or licensed acupuncturist or any derivative thereof which is
intended to or is likely to lead the public to believe such a person is an acupuncturist or licensed acupuncturist unless
licensed as provided for in this chapter.
(2) A person may not practice acupuncture if the person
is not licensed under this chapter.
(3) No one may use any configuration of letters after
their name (including Ac.) which indicates a degree or formal
training in acupuncture unless licensed as provided for in this
chapter.
(4) The secretary may by rule proscribe or regulate
advertising and other forms of patient solicitation which are
likely to mislead or deceive the public as to whether someone
is licensed under this chapter. [1995 c 323 § 5; 1991 c 3 § 5;
1985 c 326 § 2.]
18.06.045
18.06.045 Exemptions from chapter. Nothing in this
chapter shall be construed to prohibit or restrict:
(1) The practice by an individual credentialed under the
laws of this state and performing services within such individual's authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and whose
performance of services is pursuant to a regular course of
(2004 Ed.)
Acupuncture
instruction or assignments from an instructor and under the
general supervision of the instructor;
(4) The practice of acupuncture by any person credentialed to perform acupuncture in any other jurisdiction where
such person is doing so in the course of regular instruction of
a school of acupuncture approved by the secretary or in an
educational seminar by a professional organization of acupuncture, provided that in the latter case, the practice is
supervised directly by a person licensed under this chapter or
licensed under any other healing art whose scope of practice
includes acupuncture. [1995 c 323 § 6; 1992 c 110 § 2.]
18.06.050
18.06.050 Applications for examination—Qualifications. Any person seeking to be examined shall present to the
secretary at least forty-five days before the commencement
of the examination:
(1) A written application on a form or forms provided by
the secretary setting forth under affidavit such information as
the secretary may require; and
(2) Proof that the candidate has:
(a) Successfully completed a course, approved by the
secretary, of didactic training in basic sciences and acupuncture over a minimum period of two academic years. The
training shall include such subjects as anatomy, physiology,
microbiology, biochemistry, pathology, hygiene, and a survey of western clinical sciences. The basic science classes
must be equivalent to those offered at the collegiate level.
However, if the applicant is a licensed chiropractor under
chapter 18.25 RCW or a naturopath licensed under chapter
18.36A RCW, the requirements of this subsection relating to
basic sciences may be reduced by up to one year depending
upon the extent of the candidate's qualifications as determined under rules adopted by the secretary;
(b) Successfully completed five hundred hours of clinical training in acupuncture that is approved by the secretary.
[2004 c 262 § 2; 1991 c 3 § 7; 1987 c 447 § 15; 1985 c 326 §
5.]
Findings—2004 c 262: "The legislature finds that the health care work
force shortage is contributing to the health care crisis. The legislature also
finds that some unnecessary barriers exist that slow or prevent qualified
applicants from becoming credentialed health care providers. The legislature further finds that eliminating these initial barriers to licensure will contribute to state initiatives directed toward easing the health care personnel
shortage in Washington." [2004 c 262 § 1.]
Severability—1987 c 447: See RCW 18.36A.901.
18.06.060
18.06.060 Approval of educational programs. The
department shall consider for approval any school, program,
apprenticeship, or tutorial which meets the requirements outlined in this chapter and provides the training required under
RCW 18.06.050. Clinical and didactic training may be
approved as separate programs or as a joint program. The
process for approval shall be established by the secretary by
rule. [1991 c 3 § 8; 1985 c 326 § 6.]
18.06.070
18.06.070 Approval of applications—Examination
fee. No applicant may be permitted to take an examination
under this chapter until the secretary has approved his or her
application and the applicant has paid an examination fee as
prescribed under RCW 43.70.250. The examination fee shall
accompany the application. [1991 c 3 § 9; 1985 c 326 § 7.]
(2004 Ed.)
18.06.120
18.06.080
18.06.080 Authority of secretary—Examination—
Contents—Ad hoc committee—Immunity. (1) The secretary is hereby authorized and empowered to execute the provisions of this chapter and shall offer examinations in acupuncture at least twice a year at such times and places as the
secretary may select. The examination shall be a written
examination and may include a practical examination.
(2) The secretary shall develop or approve a licensure
examination in the subjects that the secretary determines are
within the scope of and commensurate with the work performed by licensed acupuncturists and shall include but not
necessarily be limited to anatomy, physiology, microbiology,
biochemistry, pathology, hygiene, and acupuncture. All
application papers shall be deposited with the secretary and
there retained for at least one year, when they may be
destroyed.
(3) If the examination is successfully passed, the secretary shall confer on such candidate the title of Licensed Acupuncturist.
(4) The secretary may appoint members of the profession
to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve for designated
times and provide advice on matters specifically identified
and requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed
for travel expenses under RCW 43.03.040 and 43.03.060.
(5) The secretary, ad hoc committee members, or individuals acting in their behalf are immune from suit in a civil
action based on any certification or disciplinary proceedings
or other official acts performed in the course of their duties.
[1995 c 323 § 7; 1994 sp.s. c 9 § 502; 1992 c 110 § 3; 1991 c
3 § 10; 1985 c 326 § 8.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.06.090
18.06.090 Fluency in English required. Before licensure, each applicant shall demonstrate sufficient fluency in
reading, speaking, and understanding the English language to
enable the applicant to communicate with other health care
providers and patients concerning health care problems and
treatment. [1995 c 323 § 8; 1985 c 326 § 9.]
18.06.100
18.06.100 Investigation of applicant's background.
Each applicant shall, as part of his or her application, furnish
written consent to an investigation of his or her personal
background, professional training, and experience by the
department or any person acting on its behalf. [1985 c 326 §
10.]
18.06.110
18.06.110 Application of Uniform Disciplinary Act.
The Uniform Disciplinary Act, chapter 18.130 RCW, governs uncertified practice, the issuance and denial of licenses,
and the disciplining of license holders under this chapter. The
secretary shall be the disciplining authority under this chapter. [1995 c 323 § 9; 1991 c 3 § 11; 1987 c 150 § 9; 1985 c
326 § 11.]
Severability—1987 c 150: See RCW 18.122.901.
18.06.120
18.06.120 Compliance with administrative procedures—Fees. (1) Every person licensed in acupuncture shall
[Title 18 RCW—page 15]
18.06.130
Title 18 RCW: Businesses and Professions
comply with the administrative procedures and administrative requirements for registration and renewal set by the secretary under RCW 43.70.250 and 43.70.280.
(2) All fees collected under this section and RCW
18.06.070 shall be credited to the health professions account
as required under RCW 43.70.320. [1996 c 191 § 3; 1995 c
323 § 10; 1992 c 110 § 4; 1991 c 3 § 12; 1985 c 326 § 12.]
18.06.190
18.06.190 Licensing by endorsement. The secretary
may license a person without examination if such person is
credentialed as an acupuncturist in another jurisdiction if, in
the secretary's judgment, the requirements of that jurisdiction
are equivalent to or greater than those of Washington state.
[1995 c 323 § 13; 1991 c 3 § 18; 1985 c 326 § 19.]
18.06.200
18.06.130
18.06.130 Patient information form—Penalty. (1)
The secretary shall develop a form to be used by an acupuncturist to inform the patient of the acupuncturist's scope of
practice and qualifications. All license holders shall bring the
form to the attention of the patients in whatever manner the
secretary, by rule, provides.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 121; 1995 c 323 § 11; 1991 c 3 § 13;
1985 c 326 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.06.200 Health care insurance benefits not mandatory. Nothing in this chapter may be construed to require that
individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance
organization provide benefits or coverage for services and
supplies provided by a person licensed under this chapter.
[1995 c 323 § 14; 1985 c 326 § 20.]
18.06.210
18.06.210 Prescription of drugs and practice of medicine not authorized. This chapter shall not be construed as
permitting the administration or prescription of drugs or in
any way infringing upon the practice of medicine and surgery
as defined in chapter 18.71 or 18.57 RCW, except as authorized in this chapter. [1985 c 326 § 21.]
18.06.140
18.06.140 Consultation and referral to other health
care practitioners. (1) Every licensed acupuncturist shall
develop a written plan for consultation, emergency transfer,
and referral to other health care practitioners operating within
the scope of their authorized practices. The written plan shall
be submitted with the initial application for licensure as well
as annually thereafter with the license renewal fee to the
department. The department may withhold licensure or
renewal of licensure if the plan fails to meet the standards
contained in rules adopted by the secretary.
(2) When the acupuncturist sees patients with potentially
serious disorders such as cardiac conditions, acute abdominal
symptoms, and such other conditions, the acupuncturist shall
immediately request a consultation or recent written diagnosis from a physician licensed under chapter 18.71 or 18.57
RCW. In the event that the patient with the disorder refuses
to authorize such consultation or provide a recent diagnosis
from such physician, acupuncture treatment shall not be continued.
(3) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 122; 1995 c 323 § 12; 1991 c 3 § 14;
1985 c 326 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.06.160
18.06.160 Adoption of rules. The secretary shall adopt
rules in the manner provided by chapter 34.05 RCW as are
necessary to carry out the purposes of this chapter. [1991 c 3
§ 15; 1985 c 326 § 16.]
Chapter 18.08
Chapter 18.08 RCW
ARCHITECTS
Sections
18.08.235
18.08.240
18.08.310
18.08.320
18.08.330
18.08.340
18.08.350
18.08.360
18.08.370
18.08.380
18.08.390
18.08.400
18.08.410
18.08.420
18.08.430
18.08.440
18.08.460
18.08.470
18.08.480
18.08.490
18.08.900
Legislative findings—1985 c 37.
Architects' license account.
Registration or authorization to practice required.
Definitions.
Board of registration—Appointment, terms, vacancies,
removal—Officers—Travel expenses.
Board of registration—Rules—Executive secretary.
Certificate of registration—Application—Qualifications.
Examinations.
Issuance of certificates of registration—Seal, use.
Certificates of registration, authorization—Replacement of
lost, destroyed, or mutilated certificates.
Registration of prior registrants.
Registration of out-of-state registrants.
Application of chapter.
Organization as corporation or joint stock association—Procedure—Requirements.
Renewal of certificates of registration—Withdrawal.
Powers under RCW 18.235.110—Grounds.
Violation of chapter—Penalties—Enforcement—Injunctions—Persons who may initiate proceedings.
Certificate or registration suspension—Nonpayment or default
on educational loan or scholarship.
Certificate of registration or authorization suspension—Noncompliance with support order—Reissuance.
Uniform regulation of business and professions act.
Severability—1985 c 37.
Public contracts for architectural services: Chapter 39.80 RCW.
Safety requirements as to doors, public buildings, and places of entertainment: RCW 70.54.070.
18.08.235
18.06.180
18.06.180 Application of chapter to previously registered acupuncture assistants. All persons registered as acupuncture assistants pursuant to chapter 18.71A or 18.57A
RCW on July 28, 1985, shall be certified under this chapter
by the secretary without examination if they otherwise would
qualify for certification under this chapter and apply for certification within one hundred twenty days of July 28, 1985.
[1991 c 3 § 17; 1985 c 326 § 18.]
[Title 18 RCW—page 16]
18.08.235 Legislative findings—1985 c 37. The legislature finds that in order to safeguard life, health, and property and to promote the public welfare, it is necessary to regulate the practice of architecture. [1985 c 37 § 1.]
18.08.240
18.08.240 Architects' license account. There is established in the state treasury the architects' license account, into
which all fees paid pursuant to this chapter shall be paid.
[1991 sp.s. c 13 § 2; 1985 c 57 § 4; 1959 c 323 § 15.]
(2004 Ed.)
Architects
Effective dates—1991 sp.s. c 13: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions.
(1) On or before June 30, 1991, the balances remaining in the local jail
improvement and construction account, the 1979 handicapped facilities construction account, the salmon enhancement construction account, the community college capital improvements accounts, and the fisheries capital
projects account shall be transferred to the state building construction
account and the balance remaining in the Washington State University construction account shall be transferred to the Washington State University
building account.
(2) Except for subsection (1) of this section, sections 1 through 47, 49
through 64, 66 through 108, and 110 through 122 of this act shall take effect
July 1, 1991, but shall not be effective for earnings on balances prior to July
1, 1991, regardless of when a distribution is made.
(3) Sections 48 and 109 of this act shall take effect September 1, 1991.
(4) Section 65 of this act shall take effect January 1, 1992.
(5) *Sections 123 through 139 of this act shall take effect July 1, 1993,
and shall be effective for earnings on balances beginning July 1, 1993,
regardless of when a distribution is made." [1991 sp.s. c 13 § 141.]
*Reviser's note: "Sections 123 through 139 of this act" [1991 sp.s. c
13] were vetoed by the governor.
Severability—1991 sp.s. c 13: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1991 sp.s. c 13 § 140.]
Effective date—1985 c 57: See note following RCW 18.04.105.
18.08.310
18.08.310 Registration or authorization to practice
required. It is unlawful for any person to practice or offer to
practice in this state, architecture, or to use in connection with
his or her name or otherwise assume, use, or advertise any
title or description including the word "architect," "architecture," "architectural," or language tending to imply that he or
she is an architect, unless the person is registered or authorized to practice in the state of Washington under this chapter. The provisions of this section shall not affect the use of
the words "architect," "architecture," or "architectural" where
a person does not practice or offer to practice architecture.
[1985 c 37 § 2.]
18.08.320
18.08.320 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administration of the construction contract" means
the periodic observation of materials and work to observe the
general compliance with the construction contract documents, and does not include responsibility for supervising
construction methods and processes, site conditions, equipment operations, personnel, or safety on the work site.
(2) "Architect" means an individual who is registered
under this chapter to practice architecture.
(3) "Board" means the state board of registration for
architects.
(4) "Certificate of authorization" means a certificate
issued by the director to a corporation or partnership that
authorizes the entity to practice architecture.
(5) "Certificate of registration" means the certificate
issued by the director to newly registered architects.
(6) "Department" means the department of licensing.
(7) "Director" means the director of licensing.
(8) "Engineer" means an individual who is registered as
an engineer under chapter 18.43 RCW.
(9) "Person" means any individual, partnership, professional service corporation, corporation, joint stock associa(2004 Ed.)
18.08.340
tion, joint venture, or any other entity authorized to do business in the state.
(10) "Practice of architecture" means the rendering of
services in connection with the art and science of building
design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction of alterations or additions
to the structures, including but not specifically limited to
schematic design, design development, preparation of construction contract documents, and administration of the construction contract.
(11) "Registered" means holding a currently valid certificate of registration or certificate of authorization issued by
the director authorizing the practice of architecture.
(12) "Structure" means any construction consisting of
load-bearing members such as the foundation, roof, floors,
walls, columns, girders, and beams or a combination of any
number of these parts, with or without other parts or appurtenances. [1985 c 37 § 3.]
18.08.330
18.08.330 Board of registration—Appointment,
terms, vacancies, removal—Officers—Travel expenses.
There is hereby created a state board of registration for architects consisting of seven members who shall be appointed by
the governor. Six members shall be registered architects who
are residents of the state and have at least eight years' experience in the practice of architecture as registered architects in
responsible charge of architectural work or responsible
charge of architectural teaching. One member shall be a public member, who is not and has never been a registered architect and who does not employ and is not employed by or professionally or financially associated with an architect.
The terms of each newly appointed member shall be six
years. The members of the board of registration for architects
serving on July 28, 1985, shall serve out the remainders of
their existing five-year terms. The term of the public member
shall coincide with the term of an architect.
Every member of the board shall receive a certificate of
appointment from the governor. On the expiration of the term
of each member, the governor shall appoint a successor to
serve for a term of six years or until the next successor has
been appointed.
The governor may remove any member of the board for
cause. Vacancies in the board for any reason shall be filled by
appointment for the unexpired term.
The board shall elect a chairman, a vice-chairman, and a
secretary. The secretary may delegate his or her authority to
the executive secretary.
Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses in accordance with RCW 43.03.050 and
43.03.060. [1985 c 37 § 4.]
18.08.340
18.08.340 Board of registration—Rules—Executive
secretary. (1) The board may adopt such rules under chapter
34.05 RCW as are necessary for the proper performance of its
duties under this chapter.
(2) The director shall employ an executive secretary subject to approval by the board. [2002 c 86 § 201; 1985 c 37 §
5.]
[Title 18 RCW—page 17]
18.08.350
Title 18 RCW: Businesses and Professions
Effective dates—2002 c 86: "(1) Sections 201 through 240 and 242
through 401 of this act take effect January 1, 2003.
(2) Section 241 of this act takes effect July 1, 2003." [2002 c 86 § 403.]
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.350
18.08.350 Certificate of registration—Application—
Qualifications. (1) A certificate of registration shall be
granted by the director to all qualified applicants who are certified by the board as having passed the required examination
and as having given satisfactory proof of completion of the
required experience.
(2) Applications for examination shall be filed as the
board prescribes by rule. The application and examination
fees shall be determined by the director under RCW
43.24.086.
(3) An applicant for registration as an architect shall be
of a good moral character, at least eighteen years of age, and
shall possess either of the following qualifications:
(a) Have an accredited architectural degree and three
years' practical architectural work experience and have completed the requirements of a structured intern training program approved by the board; or
(b) Have eight years' practical architectural work experience, which may include designing buildings as a principal
activity, and have completed the requirements of a structured
intern training program approved by the board. Each year
spent in an accredited architectural education program
approved by the board shall be considered one year of practical experience. At least four years' practical work experience
shall be under the direct supervision of an architect. [1997 c
169 § 1; 1993 c 475 § 2; 1993 c 475 § 1; 1985 c 37 § 6.]
Effective date—1997 c 169 § 1: "Section 1 of this act takes effect July
29, 2001." [1997 c 169 § 2.]
Effective date—1993 c 475 § 2: "Section 2 of this act shall take effect
July 29, 2001." [1993 c 475 § 3.]
(2) Each registrant shall obtain a seal of the design
authorized by the board bearing the architect's name, registration number, the legend "Registered Architect," and the name
of this state. Drawings prepared by the registrant shall be
sealed and signed by the registrant when filed with public
authorities. It is unlawful to seal and sign a document after a
registrant's certificate of registration or authorization has
expired, been revoked, or is suspended. [1985 c 37 § 8.]
18.08.380
18.08.380 Certificates of registration, authorization—Replacement of lost, destroyed, or mutilated certificates. A new certificate of registration or certificate of
authorization to replace any certificate lost, destroyed, or
mutilated may be issued by the director. A charge, determined as provided in RCW 43.24.086, shall be made for such
issuance. [2002 c 86 § 202; 1985 c 37 § 9.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.390
18.08.390 Registration of prior registrants. All persons registered as architects under chapter 205, Laws of
1919, or registered as architects under chapter 323, Laws of
1959, as amended, before July 28, 1985, shall be registered as
architects without examination. [1985 c 37 § 10.]
18.08.400
18.08.400 Registration of out-of-state registrants.
The director may, upon receipt of the current registration fee,
grant a certificate of registration to an applicant who is a registered architect in another state or territory of the United
States, the District of Columbia, or another country, if that
individual's qualifications and experience are determined by
the board to be equivalent to the qualifications and experience required of a person registered under RCW 18.08.350.
[1985 c 37 § 11.]
18.08.410
18.08.360
18.08.360 Examinations. (1) The examination for an
architect's certificate of registration shall be held at least
annually at such time and place as the board determines.
(2) The board shall determine the content, scope, and
grading process of the examination. The board may adopt an
appropriate national examination and grading procedure.
(3) Applicants who fail to pass any section of the examination shall be permitted to retake the parts failed as prescribed by the board. If the entire examination is not successfully completed within five years, a retake of the entire examination shall be required. [1985 c 37 § 7.]
18.08.370
18.08.370 Issuance of certificates of registration—
Seal, use. (1) The director shall issue a certificate of registration to any applicant who has, to the satisfaction of the board,
met all the requirements for registration upon payment of the
registration fee as provided in this chapter. All certificates of
registration shall show the full name of the registrant, have
the registration number, and shall be signed by the chairman
of the board and by the director. The issuance of a certificate
of registration by the director is prima facie evidence that the
person named therein is entitled to all the rights and privileges of a registered architect.
[Title 18 RCW—page 18]
18.08.410 Application of chapter. This chapter shall
not affect or prevent:
(1) The practice of naval architecture, landscape architecture, engineering, space planning, interior design, or any
legally recognized profession or trade by persons not registered as architects;
(2) Drafters, clerks, project managers, superintendents,
and other employees of architects, engineers, naval architects, or landscape architects from acting under the instructions, control, or supervision of their employers;
(3) The construction, alteration, or supervision of construction of buildings or structures by contractors or superintendents employed by contractors or the preparation of shop
drawings in connection therewith;
(4) Owners or contractors from engaging persons who
are not architects to observe and supervise construction of a
project;
(5) Any person from doing design work including preparing construction contract documents and administration of
the construction contract for the erection, enlargement,
repair, or alteration of a structure or any appurtenance to a
structure, if the structure is to be used for a residential building of up to and including four dwelling units or a farm building or is a structure used in connection with or auxiliary to
(2004 Ed.)
Architects
such residential building or farm building such as a garage,
barn, shed, or shelter for animals or machinery;
(6) Any person from doing design work including preparing construction contract documents and administering
the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy up to
four thousand square feet of construction;
(7) Design-build construction by registered general contractors if the structural design services are performed by a
registered engineer;
(8) Any person from designing buildings or doing other
design work for any structure prior to the time of filing for a
building permit; or
(9) Any person from designing buildings or doing other
design work for structures larger than those exempted under
subsections (5) and (6) of this section, if the plans, which may
include such design work, are stamped by a registered engineer or architect. [1985 c 37 § 12.]
18.08.420 Organization as corporation or joint stock
association—Procedure—Requirements. (1) An architect
or architects may organize a corporation formed either as a
business corporation under the provisions of Title 23B RCW
or as a professional corporation under the provisions of chapter 18.100 RCW. For an architect or architects to practice
architecture through a corporation or joint stock association
organized by any person under Title 23B RCW, the corporation or joint stock association shall file with the board:
(a) The application for certificate of authorization upon a
form to be prescribed by the board and containing information required to enable the board to determine whether the
corporation is qualified under this chapter to practice architecture in this state;
(b) Its notices of incorporation and bylaws and a certified
copy of a resolution of the board of directors of the corporation that designates individuals registered under this chapter
as responsible for the practice of architecture by the corporation in this state and that provides that full authority to make
all final architectural decisions on behalf of the corporation
with respect to work performed by the corporation in this
state shall be granted and delegated by the board of directors
to the individuals designated in the resolution. The filing of
the resolution shall not relieve the corporation of any responsibility or liability imposed upon it by law or by contract; and
(c) A designation in writing setting forth the name or
names of the person or persons registered under this chapter
who are responsible for the architecture of the firm. If there is
a change in the person or persons responsible for the architecture of the firm, the changes shall be designated in writing
and filed with the board within thirty days after the effective
date of the changes.
(2) Upon the filing with the board of the application for
certificate of authorization, the certified copy of the resolution, and the information specified in subsection (1) of this
section, the board shall authorize the director to issue to the
corporation a certificate of authorization to practice architecture in this state upon a determination by the board that:
(a) The bylaws of the corporation contain provisions that
all architectural decisions pertaining to any project or architectural activities in this state shall be made by the specified
architects responsible for the project or architectural activi18.08.420
(2004 Ed.)
18.08.420
ties, or other responsible architects under the direction or
supervision of the architects responsible for the project or
architectural activities;
(b) The applicant corporation has the ability to provide,
through qualified personnel, professional services or creative
work requiring architectural experience, and with respect to
the architectural services that the corporation undertakes or
offers to undertake, the personnel have the ability to apply
special knowledge to the professional services or creative
work such as consultation, investigation, evaluation, planning, design, and administration of the construction contract
in connection with any public or private structures, buildings,
equipment, processes, works, or projects;
(c) The application for certificate of authorization contains the professional records of the designated person or persons who are responsible;
(d) The application for certificate of authorization states
the experience of the corporation, if any, in furnishing architectural services during the preceding five-year period;
(e) The applicant corporation meets such other requirements related to professional competence in the furnishing of
architectural services as may be established and promulgated
by the board in furtherance of the purposes of this chapter;
and
(f) The applicant corporation is possessed of the ability
and competence to furnish architectural services in the public
interest.
(3) Upon recommendation of the board to impose action
as authorized in RCW 18.235.110, the director may impose
the recommended action upon a certificate of authorization to
a corporation if the board finds that any of the officers, directors, incorporators, or the stockholders holding a majority of
stock of the corporation have committed an act prohibited
under RCW 18.08.440 or 18.235.130 or have been found personally responsible for misconduct under subsection (6) or
(7) of this section.
(4) In the event a corporation, organized solely by a
group of architects each registered under this chapter, applies
for a certificate of authorization, the board may, in its discretion, grant a certificate of authorization to that corporation
based on a review of the professional records of such incorporators, in lieu of the required qualifications set forth in subsections (1) and (2) of this section. In the event the ownership
of such corporation is altered, the corporation shall apply for
a revised certificate of authorization, based upon the professional records of the owners if exclusively architects, under
the qualifications required by subsections (1) and (2) of this
section.
(5) Any corporation authorized to practice architecture
under this chapter, together with its directors and officers for
their own individual acts, are responsible to the same degree
as an individual registered architect and shall conduct their
business without misconduct or malpractice in the practice of
architecture as defined in this chapter.
(6) Any corporation that has been certified under this
chapter and has engaged in the practice of architecture may
have its certificate of authorization either suspended or
revoked by the board if, after a proper hearing, the board
finds that the corporation has committed misconduct or malpractice under RCW 18.08.440 or 18.235.130. In such a case,
any individual architect registered under this chapter who is
[Title 18 RCW—page 19]
18.08.430
Title 18 RCW: Businesses and Professions
involved in such misconduct is also subject to disciplinary
measures provided in this chapter and RCW 18.235.110.
(7) All plans, specifications, designs, and reports when
issued in connection with work performed by a corporation
under its certificate of authorization shall be prepared by or
under the direction of the designated architects and shall be
signed by and stamped with the official seal of the designated
architects in the corporation authorized under this chapter.
(8) For each certificate of authorization issued under this
section there shall be paid a certification fee and an annual
certification renewal fee as prescribed by the director under
RCW 43.24.086.
(9) This chapter shall not affect the practice of architecture as a professional service corporation under chapter
18.100 RCW. [2002 c 86 § 203; 1991 c 72 § 2; 1985 c 37 §
13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.430
18.08.430 Renewal of certificates of registration—
Withdrawal. (1) The renewal date for certificates of registration shall be set by the director in accordance with RCW
43.24.086. Registrants who fail to pay the renewal fee within
thirty days of the due date shall pay all delinquent fees plus a
penalty fee equal to one-third of the renewal fee. A registrant
who fails to pay a renewal fee for a period of five years may
be reinstated under such circumstances as the board determines. The renewal and penalty fees and the frequency of
renewal assessment shall be authorized under this chapter.
Renewal date for certificates of authorization shall be the
anniversary of the date of authorization.
(2) Any registrant in good standing may withdraw from
the practice of architecture by giving written notice to the
director, and may within five years thereafter resume active
practice upon payment of the then-current renewal fee. A registrant may be reinstated after a withdrawal of more than five
years under such circumstances as the board determines.
[1985 c 37 § 14.]
(5) Willfully evading or trying to evade any law, ordinance, code, or regulation governing construction of buildings. [2002 c 86 § 204; 1985 c 37 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.460
18.08.460 Violation of chapter—Penalties—Enforcement—Injunctions—Persons who may initiate proceedings. (1) Any person who violates any provision of this chapter or any rule promulgated under it is guilty of a misdemeanor and may also be subject to a civil penalty in an
amount not to exceed one thousand dollars for each offense.
(2) It shall be the duty of all officers in the state or any
political subdivision thereof to enforce this chapter. Any
public officer may initiate an action before the board to
enforce the provisions of this chapter.
(3) The board may apply for relief by injunction without
bond to restrain a person from committing any act that is prohibited by this chapter. In such proceedings, it is not necessary to allege or prove either that an adequate remedy at law
does not exist or that substantial irreparable damage would
result from the continued violation thereof. The members of
the board shall not be personally liable for their actions in any
such proceeding or in any other proceeding instituted by the
board under this chapter. The board in any proper case shall
cause prosecution to be instituted in any county or counties
where any violation of this chapter occurs, and shall aid the
prosecution of the violator.
(4) No person practicing architecture is entitled to maintain a proceeding in any court of this state relating to services
in the practice of architecture unless it is alleged and proved
that the person was registered or authorized under this chapter to practice or offer to practice architecture at the time the
architecture services were offered or provided. [2003 c 53 §
123; 1985 c 37 § 17.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.08.470
18.08.440
18.0 8.44 0 Powers under RCW 1 8.235 .110 —
Grounds. The board shall have the power to impose any
action listed under RCW 18.235.110 upon the following
grounds:
(1) Offering to pay, paying, or accepting, either directly
or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;
(2) Being willfully untruthful or deceptive in any professional report, statement, or testimony;
(3) Having a financial interest in the bidding for or the
performance of a contract to supply labor or materials for or
to construct a project for which employed or retained as an
architect except with the consent of the client or employer
after disclosure of such facts; or allowing an interest in any
business to affect a decision regarding architectural work for
which retained, employed, or called upon to perform;
(4) Signing or permitting a seal to be affixed to any
drawings or specifications that were not prepared or reviewed
by the architect or under the architect's personal supervision
by persons subject to the architect's direction and control; or
[Title 18 RCW—page 20]
18.08.470 Certificate or registration suspension—
Nonpayment or default on educational loan or scholarship. The board shall suspend the certificate or registration
of any person who has been certified by a lending agency and
reported to the board for nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. Prior to the suspension, the agency must provide
the person an opportunity for a brief adjudicative proceeding
under RCW 34.05.485 through 34.05.494 and issue a finding
of nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. The person's certificate or registration shall not be reissued until the
person provides the board a written release issued by the
lending agency stating that the person is making payments on
the loan in accordance with a repayment agreement approved
by the lending agency. If the person has continued to meet all
other requirements for certification or registration during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the board
may impose. [1996 c 293 § 3.]
Severability—1996 c 293: See note following RCW 18.04.420.
(2004 Ed.)
Attorneys at Law
18.11.060
18.08.480 Certificate of registration or authorization
suspension—Noncompliance with support order—Reissuance. The board shall immediately suspend the certificate
of registration or certificate of authorization to practice architecture of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet other requirements for reinstatement during the suspension, reissuance of the certificate shall be automatic upon
the board's receipt of a release issued by the department of
social and health services stating that the individual is in
compliance with the order. [1997 c 58 § 813.]
18.11.190
18.11.200
18.11.205
18.11.210
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Limitations on power of
cities and towns to regulate auctioneers: RCW 35.21.690.
counties to regulate auctioneers: RCW 36.71.070.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Pawnbrokers and second-hand dealers: Chapter 19.60 RCW.
18.08.480
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.08.490
18.08.490 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 205.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.900
18.08.900 Severability—1985 c 37. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 37 § 20.]
Chapter 18.09
Chapter 18.09 RCW
ATTORNEYS AT LAW
See chapter 2.44 RCW, attorneys at law.
Chapter 18.11
Chapter 18.11 RCW
AUCTIONEERS
Sections
18.11.050
18.11.060
18.11.070
18.11.075
18.11.085
18.11.095
18.11.100
18.11.121
18.11.130
18.11.140
18.11.150
18.11.160
18.11.170
18.11.180
(2004 Ed.)
Definitions.
Administration of chapter—Fees.
License required—Exceptions.
Second-hand property, when exempt.
Auctioneer certificate of registration—Requirements.
Auction company certificate of registration—Requirements.
Nonresident auctioneers and auction companies.
Surety bond or security required.
Written contract required—Penalty.
Written records required—Penalty.
Display of certificate of registration or renewal card
required—Penalty.
License—Prohibition on issuance—Disciplinary action—
License suspension.
Unauthorized practice—Penalties.
Compensation of nonlicensed person—Penalties.
18.11.220
18.11.230
18.11.240
18.11.250
18.11.260
18.11.270
18.11.280
18.11.901
18.11.902
18.11.903
18.11.920
Actions for compensation for services.
Director—Authority to adopt rules.
Director—Authority to impose administrative fines.
Newspaper advertisements—Name and license number
required—Penalty.
Rights of clients.
Trust account required for client funds.
Bidding—Prohibited practices—Penalty.
Limitation on real estate auctions.
Application of Consumer Protection Act.
License, certificate, or registration suspension—Nonpayment
or default on educational loan or scholarship.
Uniform regulation of business and professions act.
Short title.
Severability—1986 c 324.
Effective date—1986 c 324.
Severability—1982 c 205.
Mock auctions: RCW 9.45.070.
Motor vehicle auction companies, place of business: RCW 46.70.023.
18.11.050
18.11.050 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Auctioneer" means an individual who calls bids at
an auction.
(2) "Auction" means a transaction conducted by means
of exchanges between an auctioneer and the members of his
or her audience, constituting a series of invitations for offers
for the purchase of goods or real property made by the auctioneer, offers by members of the audience, and the acceptance of the highest or most favorable offer.
(3) "Auction mart" means any fixed or established place
designed, intended, or used for the conduct of auctions.
(4) "Auction company" means a sole proprietorship,
partnership, corporation, or other legal or commercial entity
that sells or offers to sell goods or real estate at auction or
arranges, sponsors, or manages auctions. The term "auction
company" shall exclude any sole proprietorship owned by an
auctioneer licensed under this chapter whose gross annual
sales do not exceed twenty-five thousand dollars.
(5) "Department" means the department of licensing.
(6) "Director" means the director of licensing.
(7) "Person" means an individual, partnership, association, corporation, or any other form of business enterprise.
(8) "Goods" mean wares, chattels, merchandise, or personal property owned or consigned, which may be lawfully
kept or offered for sale.
(9) "License" means state authority to operate as an auctioneer or auction company, which authority is conferred by
issuance of a certificate of registration subject to annual
renewal.
(10) "Licensee" means an auctioneer or auction company
registered under this chapter. [1986 c 324 § 2; 1982 c 205 §
5.]
18.11.060
18.11.060 Administration of chapter—Fees. This
chapter shall be administered under chapter 43.24 RCW. The
director shall set registration and renewal fees in accordance
with RCW 43.24.086. If an auctioneer or auction company
does not renew a license before it expires, the renewal shall
[Title 18 RCW—page 21]
18.11.070
Title 18 RCW: Businesses and Professions
be subject to payment of a penalty fee. [1986 c 324 § 3; 1982
c 205 § 2.]
18.11.070
18.11.070 License required—Exceptions. (1) It is
unlawful for any person to act as an auctioneer or for an auction company to engage in any business in this state without
a license.
(2) This chapter does not apply to:
(a) An auction of goods conducted by an individual who
personally owns those goods and who did not acquire those
goods for resale;
(b) An auction conducted by or under the direction of a
public authority;
(c) An auction held under judicial order in the settlement
of a decedent's estate;
(d) An auction which is required by law to be at auction;
(e) An auction conducted by or on behalf of a political
organization or a charitable corporation or association if the
person conducting the sale receives no compensation;
(f) An auction of livestock or agricultural products which
is conducted under chapter 16.65 or 20.01 RCW. Auctions
not regulated under chapter 16.65 or 20.01 RCW shall be
fully subject to the provisions of this chapter;
(g) An auction held under chapter 19.150 RCW;
(h) An auction of an abandoned vehicle under chapter
46.55 RCW; or
(i) An auction of fur pelts conducted by any cooperative
association organized under chapter 23.86 RCW or its wholly
owned subsidiary. In order to qualify for this exemption, the
fur pelts must be from members of the association. However,
the association, without loss of the exemption, may auction
pelts that it purchased from nonmembers for the purpose of
completing lots or orders, so long as the purchased pelts do
not exceed fifteen percent of the total pelts auctioned. [1999
c 398 § 1; 1989 c 307 § 43; 1988 c 240 § 19; 1986 c 324 § 4;
1982 c 205 § 6.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Severability—1988 c 240: See RCW 19.150.904.
18.11.075
18.11.075 Second-hand property, when exempt. The
department of licensing may exempt, by rule, second-hand
property bought or received on consignment or sold at an
auction conducted by a licensed auctioneer or auction company from RCW 19.60.050 or 19.60.055. [1993 c 348 § 1.]
(5) Except as otherwise provided under RCW 18.11.121,
file with the department an auctioneer surety bond in the
amount and form required by RCW 18.11.121 and the agency
rules adopted pursuant to this chapter.
(6) Have no disqualifications under RCW 18.11.160 or
18.235.130. [2002 c 86 § 206; 1987 c 336 § 1; 1986 c 324 §
5.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.095 Auction company certificate of registration—Requirements. Every person, before operating an
auction company as defined in RCW 18.11.050, shall obtain
an auction company certificate of registration.
(1) Except as provided in subsection (2) of this section,
to be licensed as an auction company, a person shall meet all
of the following requirements:
(a) File with the department a completed application on
a form prescribed by the director.
(b) Sign a notarized statement included on the application form that all auctioneers hired by the auction company to
do business in the state shall be properly registered under this
chapter.
(c) Show that the proper tax registration certificate
required by RCW 82.32.030 has been obtained from the
department of revenue.
(d) Pay the auction company registration fee required
under the agency rules adopted pursuant to this chapter.
(e) File with the department an auction company surety
bond in the amount and form required by RCW 18.11.121
and the agency rules adopted pursuant to this chapter.
(f) Have no disqualifications under RCW 18.11.160 or
18.235.130.
(2) An auction company shall not be charged a license
fee if it is a sole proprietorship or a partnership owned by an
auctioneer or auctioneers, each of whom is licensed under
this chapter, and if it has in effect a surety bond or bonds or
other security approved by the director in the amount that
would otherwise be required for an auction company to be
granted or to retain a license under RCW 18.11.121. [2002 c
86 § 207; 1987 c 336 § 5; 1986 c 324 § 6.]
18.11.095
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.100
18.11.085
18.11.085 Auctioneer certificate of registration—
Requirements. Every individual, before acting as an auctioneer, shall obtain an auctioneer certificate of registration.
To be licensed as an auctioneer, an individual shall meet all
of the following requirements:
(1) Be at least eighteen years of age or sponsored by a
licensed auctioneer.
(2) File with the department a completed application on
a form prescribed by the director.
(3) Show that the proper tax registration certificate
required by RCW 82.32.030 has been obtained from the
department of revenue.
(4) Pay the auctioneer registration fee required under the
agency rules adopted pursuant to this chapter.
[Title 18 RCW—page 22]
18.11.100 Nonresident auctioneers and auction companies. (1) Nonresident auctioneers and auction companies
are required to comply with the provisions of this chapter,
chapter 18.235 RCW, and the rules of the department as a
condition of conducting business in the state.
(2) The application of a nonresident under this chapter
shall constitute the appointment of the secretary of state as
the applicant's agent upon whom process may be served in
any action or proceeding against the applicant arising out of a
transaction or operation connected with or incidental to the
business of an auctioneer or an auction company. [2002 c 86
§ 208; 1986 c 324 § 7; 1985 c 7 § 9; 1982 c 205 § 8.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
(2004 Ed.)
Auctioneers
18.11.121
18.11.121 Surety bond or security required. (1)
Except as provided in this section, each auctioneer and each
auction company shall as a condition to the granting and
retention of a license have on file with the department an
approved surety bond or other security in lieu of a bond.
However, if an auction company is a sole proprietorship or a
partnership and has on file with the department a surety bond
or other security approved by the director in the amount that
would otherwise be required for an auction company to be
granted or to retain a license under this section, then no separate bond or bonds shall be required for the sole proprietor or
any individual partner to act as an auctioneer for the sole proprietorship or partnership. The bond or other security of an
auctioneer shall be in the amount of five thousand dollars.
(2) The bond or other security of an auction company
shall be in an amount not less than five thousand dollars and
not more than twenty-five thousand dollars. The amount shall
be based on the value of the goods and real estate sold at auctions conducted, supervised, arranged, sponsored, or managed by the auction company during the previous calendar
year or, for a new auction company, the estimated value of
the goods and real estate to be sold at auction during the current calendar year. The director shall establish by rule the
procedures to be used for determining the amount of auction
company bonds or other security.
(3) In lieu of a surety bond, an auctioneer or auction
company may deposit with the department any of the following:
(a) Savings accounts assigned to the director;
(b) Certificates of deposit payable to the director;
(c) Investment certificates or share accounts assigned to
the director; or
(d) Any other security acceptable to the director.
All obligations and remedies relating to surety bonds
authorized by this section shall apply to deposits filed with
the director.
(4) Each bond shall comply with all of the following:
(a) Be executed by the person seeking the license as principal and by a corporate surety licensed to do business in the
state;
(b) Be payable to the state;
(c) Be conditioned on compliance with all provisions of
this chapter and the agency rules adopted pursuant to this
chapter, including payment of any administrative fines
assessed against the licensee; and
(d) Remain in effect for one year after expiration, revocation, or suspension of the license.
(5) If any licensee fails or is alleged to have failed to
comply with the provisions of this chapter or the agency rules
adopted pursuant to this chapter, the director may hold a
hearing in accordance with chapter 34.05 RCW, determine
those persons who are proven claimants under the bond, and,
if appropriate, distribute the bond proceeds to the proven
claimants. The state or an injured person may also bring an
action against the bond in superior court. The liability of the
surety shall be only for actual damages and shall not exceed
the amount of the bond.
(6) Damages that exceed the amount of the bond may be
remedied by actions against the auctioneer or the auction
company under RCW 18.11.260 or other available remedies
at law. [1987 c 336 § 2; 1986 c 324 § 8.]
(2004 Ed.)
18.11.160
18.11.130
18.11.130 Written contract required—Penalty. No
goods or real estate shall be sold at auction until the auctioneer or auction company has entered into a written contract or
agreement with the owner or consignor in duplicate which
contains the terms and conditions upon which the licensee
receives or accepts the property for sale at auction.
A person who violates this section shall be subject to an
administrative fine in a sum not exceeding five hundred dollars for each violation. [1986 c 324 § 9; 1982 c 205 § 11.]
18.11.140
18.11.140 Written records required—Penalty. Every
person engaged in the business of selling goods or real estate
at auction shall keep written records for a period of three
years available for inspection which indicate clearly the name
and address of the owner or consignor of the goods or real
estate, the terms of acceptance and sale, and a copy of the
signed written contract required by RCW 18.11.130. A person who violates this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for
each violation. [1986 c 324 § 10; 1982 c 205 § 12.]
18.11.150
18.11.150 Display of certificate of registration or
renewal card required—Penalty. All auctioneers and auction companies shall have their certificates of registration
prominently displayed in their offices and the current renewal
card or a facsimile available on demand at all auctions conducted or supervised by the licensee.
A person who violates this section shall be subject to an
administrative fine in a sum not exceeding one hundred dollars for each violation. [1986 c 324 § 11; 1982 c 205 § 13.]
18.11.160
18.11.160 License—Prohibition on issuance—Disciplinary action—License suspension. (1) No license shall
be issued by the department to any person who has been convicted of forgery, embezzlement, obtaining money under
false pretenses, extortion, criminal conspiracy, fraud, theft,
receiving stolen goods, unlawful issuance of checks or drafts,
or other similar offense, or to any partnership of which the
person is a member, or to any association or corporation of
which the person is an officer or in which as a stockholder the
person has or exercises a controlling interest either directly or
indirectly.
(2) In addition to the unprofessional conduct described in
RCW 18.235.130, the director has the authority to take disciplinary action for any of the following conduct, acts, or conditions:
(a) Underreporting to the department of sales figures so
that the auctioneer or auction company surety bond is in a
lower amount than required by law;
(b) Nonpayment of an administrative fine prior to
renewal of a license; and
(c) Any other violations of this chapter.
(3) The department shall immediately suspend the
license of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order. If
the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license
shall be automatic upon the department's receipt of a release
issued by the department of social and health services stating
[Title 18 RCW—page 23]
18.11.170
Title 18 RCW: Businesses and Professions
that the licensee is in compliance with the order. [2002 c 86
§ 209; 1997 c 58 § 814; 1986 c 324 § 12; 1982 c 205 § 14.]
any disciplinary, civil, or criminal action for the same or similar violations. [1986 c 324 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
18.11.210
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.11.170
18.11.170 Unauthorized practice—Penalties. Any
auctioneer and any auction company that conducts business
within this state without a license or after the suspension or
revocation of his or her license shall be fined by the department five hundred dollars for the first offense and one thousand dollars for the second or subsequent offense. [1986 c
324 § 13; 1982 c 205 § 15.]
18.11.180
18.11.180 Compensation of nonlicensed person—
Penalties. It shall be unlawful for a licensed auctioneer or
licensed auction company to pay compensation in money or
otherwise to anyone not licensed under this chapter to render
any service or to do any act forbidden under this chapter to be
rendered or performed except by licensees. The department
may fine any person who violates this section five hundred
dollars for the first offense and one thousand dollars for the
second or subsequent offense. Furthermore, the violation of
this section by any licensee shall be, in the discretion of the
department, sufficient cause for taking any actions listed
under RCW 18.235.110. [2002 c 86 § 210; 1986 c 324 § 14;
1982 c 205 § 16.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.190
18.11.190 Actions for compensation for services. No
action or suit may be instituted in any court of this state by
any person, partnership, association, or corporation not
licensed as an auctioneer and as an auction company to
recover compensation for an act done or service rendered
which is prohibited under this chapter. [1986 c 324 § 15;
1982 c 205 § 17.]
18.11.200
18.11.200 Director—Authority to adopt rules. The
director shall adopt rules for the purpose of carrying out and
developing this chapter, including rules governing the conduct of inspections. [2002 c 86 § 211; 1986 c 324 § 16; 1982
c 205 § 18.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.205
18.11.205 Director—Authority to impose administrative fines. The director shall impose and collect the
administrative fines authorized by this chapter. Any administrative fine imposed under this chapter or the agency rules
adopted pursuant to this chapter may be appealed under chapter 34.05 RCW, the administrative procedure act. Assessment
of an administrative fine shall not preclude the initiation of
[Title 18 RCW—page 24]
18.11.210 Newspaper advertisements—Name and
license number required—Penalty. All newspaper advertising regarding auctions that is purchased by an auctioneer
or an auction company licensed under this chapter shall
include the auctioneer's or auction company's name and
license number. Any auctioneer or auction company that violates this section is subject to an administrative fine of one
hundred dollars per violation. [1986 c 324 § 19; 1984 c 189
§ 1.]
18.11.220
18.11.220 Rights of clients. The client of an auctioneer
or auction company has a right to (1) an accounting for any
money that the auctioneer or auction company receives from
the sale of the client's goods, (2) payment of all money due to
the client within twenty-one calendar days unless the parties
have mutually agreed in writing to another time of payment,
and (3) bring an action against the surety bond or other security filed in lieu of the surety bond for any violation of this
chapter or the rules adopted pursuant to this chapter. [1987 c
336 § 3; 1986 c 324 § 20.]
18.11.230
18.11.230 Trust account required for client funds.
Auction proceeds due to a client that are received by the auctioneer or auction company and not paid to the client within
twenty-four hours of the sale shall be deposited no later than
the next business day by the auctioneer or auction company
in a trust account for clients in a bank, savings and loan association, mutual savings bank, or licensed escrow agent
located in the state. The auctioneer or auction company shall
draw on the trust account only to pay proceeds to clients, or
such other persons who are legally entitled to such proceeds,
and to obtain the sums due to the auctioneer or auction company for services as set out in the written contract required
under RCW 18.11.130. Funds in the trust account shall not be
subject to the debt of the auctioneer or auction company and
shall not be used for personal reasons or other business reasons. [1987 c 336 § 4; 1986 c 324 § 21.]
18.11.240
18.11.240 Bidding—Prohibited practices—Penalty.
The following requirements shall apply to bidding at auctions:
(1) An auctioneer conducting an auction and an auction
company where an auction is being held shall not bid on or
offer to buy any goods or real property at the auction unless
the auctioneer or the auction company discloses the name of
the person on whose behalf the bid or offer is being made.
(2) An auctioneer and an auction company shall not use
any method of bidding at an auction that will allow goods or
real property to be purchased in an undisclosed manner on
behalf of the auctioneer or auction company.
(3) At a public auction conducted or supervised by an
auctioneer or auction company, the auctioneer or auction
company shall not fictitiously raise any bid, knowingly permit any person to make a fictitious bid, or employ or use
another person to act as a bidder or buyer.
(4) All goods or real property offered for sale at an auction shall be subject to a reserve or a confirmation from the
(2004 Ed.)
Cosmetologists, Barbers, and Manicurists
owner or consignor unless otherwise indicated by the auctioneer or auction company. Except as provided in this subsection, an auctioneer or auction company shall not use any
method of bidding at an auction that allows the auctioneer or
auction company to avoid selling any property offered for
sale at auction.
(5) A licensee who violates any provision of this section
shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation. [1986 c 324 §
22.]
18.16.010
18.11.901
18.11.901 Short title. This chapter may be known and
cited as the "auctioneer registration act." [1986 c 324 § 1.]
18.11.902
18.11.902 Severability—1986 c 324. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1986 c 324 § 27.]
18.11.903
18.11.903 Effective date—1986 c 324. This act shall
take effect on July 1, 1986. [1986 c 324 § 29.]
18.11.250
18.11.250 Limitation on real estate auctions. Auctioneers and auction companies may call for bids on real
estate but only persons licensed under chapter 18.85 RCW
may perform activities regulated under that chapter. [1986 c
324 § 23.]
18.11.920
18.11.920 Severability—1982 c 205. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 205 § 20.]
18.11.260
18.11.260 Application of Consumer Protection Act.
A violation of this chapter is hereby declared to affect the
public interest and to offend public policy. Any violation, act,
or practice by an auctioneer or auction company which is
unfair or deceptive, shall constitute an unfair or deceptive act
or practice in violation of RCW 19.86.020. The remedies and
sanctions provided in this section shall not preclude application of other available remedies and sanctions. [1986 c 324 §
25.]
18.11.270
18.11.270 License, certificate, or registration suspension—Nonpayment or default on educational loan or
scholarship. The director shall suspend the license, certificate, or registration of any person who has been certified by a
lending agency and reported to the director for nonpayment
or default on a federally or state-guaranteed educational loan
or service-conditional scholarship. Prior to the suspension,
the agency must provide the person an opportunity for a brief
adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's license, certificate, or registration shall not be reissued until the person provides the
director a written release issued by the lending agency stating
that the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements for
licensure, certification, or registration during the suspension,
reinstatement shall be automatic upon receipt of the notice
and payment of any reinstatement fee the director may
impose. [1996 c 293 § 4.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.11.280
18.11.280 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 212.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
(2004 Ed.)
Chapter 18.16
Chapter 18.16 RCW
COSMETOLOGISTS, BARBERS,
AND MANICURISTS
Sections
18.16.010
18.16.020
18.16.030
18.16.050
18.16.060
18.16.070
18.16.080
18.16.090
18.16.100
18.16.110
18.16.130
18.16.140
18.16.150
18.16.160
18.16.170
18.16.175
18.16.180
18.16.190
18.16.200
18.16.210
18.16.220
18.16.230
18.16.240
18.16.250
18.16.260
18.16.270
18.16.280
18.16.290
18.16.900
18.16.905
18.16.907
18.16.910
Intent.
Definitions.
Director—Powers and duties.
Advisory board—Members—Compensation.
License required—Penalty—Exemptions.
Licensing—Persons to whom chapter inapplicable.
Licensing—Other persons to whom chapter inapplicable.
Examinations.
Issuance of licenses—Requirements.
Issuance of licenses—Renewals—Reinstatement—Duplicates.
Issuance of licenses—Persons licensed in other jurisdictions.
School licenses—Application—Approved security—Issuance—Changes in application information—Changes in
controlling interest—Posting of licenses.
Schools—Compliance with chapter.
Schools—Claims against—Procedure.
Expiration of licenses.
Salon/shop or mobile unit requirements—Liability insurance—Complaints—Inspection—Registration—Use of
motor homes—Posting of licenses.
Salon/shop—Notice required.
Location of practice—Penalty—Placebound clients.
Disciplinary action—Grounds.
Violations—Penalties.
Appeal—Procedure.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Finding—Consumer protection act.
License renewal—Fee—Examination—Fee.
Uniform regulation of business and professions act.
Cosmetology apprenticeship pilot program.
License—Inactive status.
Short title—1984 c 208.
Severability—1984 c 208.
Effective date—1984 c 208.
Severability—1991 c 324.
18.16.010
18.16.010 Intent. The legislature recognizes that the
practices of cosmetology, barbering, manicuring, and esthetics involve the use of tools and chemicals which may be dangerous when mixed or applied improperly, and therefore
finds it necessary in the interest of the public health, safety,
and welfare to regulate those practices in this state. [2002 c
111 § 1; 1984 c 208 § 1.]
[Title 18 RCW—page 25]
18.16.020
Title 18 RCW: Businesses and Professions
Effective date—2002 c 111: "This act takes effect June 1, 2003."
[2002 c 111 § 18.]
18.16.020
18.16.020 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise:
(1) "Apprenticeship program" means an apprenticeship
pilot program approved under RCW 18.16.280 for the practice of cosmetology, barbering, esthetics, and manicuring,
which expires July 1, 2006.
(2) "Apprentice" means a person engaged in a stateapproved apprenticeship program and who may receive a
wage or compensation while engaged in the program.
(3) "Department" means the department of licensing.
(4) "Board" means the cosmetology, barbering, esthetics,
and manicuring advisory board.
(5) "Director" means the director of the department of
licensing or the director's designee.
(6) "The practice of cosmetology" means arranging,
dressing, cutting, trimming, styling, shampooing, permanent
waving, chemical relaxing, straightening, curling, bleaching,
lightening, coloring, waxing, tweezing, shaving, and mustache and beard design of the hair of the face, neck, and scalp;
temporary removal of superfluous hair by use of depilatories,
waxing, or tweezing; manicuring and pedicuring, limited to
cleaning, shaping, polishing, decorating, and caring for and
treatment of the cuticles and nails of the hands and feet,
excluding the application and removal of sculptured or otherwise artificial nails; esthetics limited to toning the skin of the
scalp, stimulating the skin of the body by the use of preparations, tonics, lotions, or creams; and tinting eyelashes and
eyebrows.
(7) "Cosmetologist" means a person licensed under this
chapter to engage in the practice of cosmetology.
(8) "The practice of barbering" means the cutting, trimming, arranging, dressing, curling, shampooing, shaving, and
mustache and beard design of the hair of the face, neck, and
scalp.
(9) "Barber" means a person licensed under this chapter
to engage in the practice of barbering.
(10) "Practice of manicuring" means the cleaning, shaping, polishing, decorating, and caring for and treatment of the
cuticles and the nails of the hands or feet, and the application
and removal of sculptured or otherwise artificial nails by
hand or with mechanical or electrical apparatus or appliances.
(11) "Manicurist" means a person licensed under this
chapter to engage in the practice of manicuring.
(12) "Practice of esthetics" means care of the skin by
application and use of preparations, antiseptics, tonics, essential oils, or exfoliants, or by any device or equipment, electrical or otherwise, or by wraps, compresses, cleansing, conditioning, stimulation, pore extraction, or product application
and removal; the temporary removal of superfluous hair by
means of lotions, creams, mechanical or electrical apparatus,
appliance, waxing, tweezing, or depilatories; tinting of eyelashes and eyebrows; and lightening the hair, except the
scalp, on another person.
(13) "Esthetician" means a person licensed under this
chapter to engage in the practice of esthetics.
(14) "Instructor-trainee" means a person who is currently
licensed in this state as a cosmetologist, barber, manicurist, or
[Title 18 RCW—page 26]
esthetician, and is enrolled in an instructor-trainee curriculum
in a school licensed under this chapter.
(15) "School" means any establishment that offers curriculum of instruction in the practice of cosmetology, barbering, esthetics, manicuring, or instructor-trainee to students
and is licensed under this chapter.
(16) "Student" means a person sixteen years of age or
older who is enrolled in a school licensed under this chapter
and receives instruction in any of the curricula of cosmetology, barbering, esthetics, manicuring, or instructor-training
with or without tuition, fee, or cost, and who does not receive
any wage or commission.
(17) "Instructor" means a person who gives instruction in
a school in a curriculum in which he or she holds a license
under this chapter, has completed at least five hundred hours
of instruction in teaching techniques and lesson planning in a
school, and has passed a licensing examination approved or
administered by the director. An applicant who holds a
degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor to give
instruction in a school in a curriculum in which he or she
holds a license under this chapter. An applicant who holds an
instructional credential from an accredited community or
technical college and who has passed a licensing examination
approved or administered by the director shall upon application be licensed as an instructor to give instruction in a school
in a curriculum in which he or she holds a license under this
chapter.
(18) "Person" means any individual, partnership, professional service corporation, joint stock association, joint venture, or any other entity authorized to do business in this state.
(19) "Salon/shop" means any building, structure, or any
part thereof, other than a school, where the commercial practice of cosmetology, barbering, esthetics, or manicuring is
conducted; provided that any person, except employees of a
salon/shop, who operates from a salon/shop is required to
meet all salon/shop licensing requirements and may participate in the apprenticeship program when certified by the
advisory committee as established by the department of labor
and industries apprenticeship council.
(20) "Crossover training" means training approved by
the director as training hours that may be credited to current
licensees for similar training received in another profession
licensed under this chapter.
(21) "Approved security" means surety bond.
(22) "Personal services" means a location licensed under
this chapter where the practice of cosmetology, barbering,
manicuring, or esthetics is performed for clients in the client's
home, office, or other location that is convenient for the client.
(23) "Individual license" means a cosmetology, barber,
manicurist, esthetician, or instructor license issued under this
chapter.
(24) "Location license" means a license issued under this
chapter for a salon/shop, school, personal services, or mobile
unit.
(25) "Mobile unit" is a location license under this chapter
where the practice of cosmetology, barbering, esthetics, or
manicuring is conducted in a mobile structure. Mobile units
must conform to the health and safety standards set by rule
under this chapter.
(2004 Ed.)
Cosmetologists, Barbers, and Manicurists
(26) "Curriculum" means the courses of study taught at a
school, set by rule under this chapter, and approved by the
department. After consulting with the board, the director
may set by rule a percentage of hours in a curriculum, up to a
maximum of ten percent, that could include hours a student
receives while training in a salon/shop under a contract
approved by the department. Each curriculum must include
at least the following required hours:
(a) Cosmetologist, one thousand six hundred hours;
(b) Barber, one thousand hours;
(c) Manicurist, six hundred hours;
(d) Esthetician, six hundred hours;
(e) Instructor-trainee, five hundred hours.
(27) "Student monthly report" means the student record
of daily activities and the number of hours completed in each
course of a curriculum that is prepared monthly by the school
and provided to the student, audited annually by the department, and kept on file by the school for three years. [2003 c
400 § 2; 2002 c 111 § 2; 1991 c 324 § 1; 1984 c 208 § 2.]
Effective date—2003 c 400: See note following RCW 18.16.280.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.030
18.16.030 Director—Powers and duties. In addition
to any other duties imposed by law, including RCW
18.235.030 and 18.235.040, the director shall have the following powers and duties:
(1) To set all license, examination, and renewal fees in
accordance with RCW 43.24.086;
(2) To adopt rules necessary to implement this chapter;
(3) To prepare and administer or approve the preparation
and administration of licensing examinations;
(4) To establish minimum safety and sanitation standards for schools, instructors, cosmetologists, barbers, manicurists, estheticians, salons/ shops, personal services, and
mobile units;
(5) To establish curricula for the training of students
under this chapter;
(6) To maintain the official department record of applicants and licensees;
(7) To establish by rule the procedures for an appeal of
an examination failure;
(8) To set license expiration dates and renewal periods
for all licenses consistent with this chapter;
(9) To ensure that all informational notices produced and
mailed by the department regarding statutory and regulatory
changes affecting any particular class of licensees are mailed
to each licensee in good standing or on inactive status in the
affected class whose mailing address on record with the
department has not resulted in mail being returned as undeliverable for any reason; and
(10) To make information available to the department of
revenue to assist in collecting taxes from persons required to
be licensed under this chapter. [2004 c 51 § 7. Prior: 2002 c
111 § 3; 2002 c 86 § 213; 1991 c 324 § 2; 1984 c 208 § 7.]
Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See
notes following RCW 18.16.060.
Effective date—2002 c 111: See note following RCW 18.16.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
(2004 Ed.)
18.16.060
18.16.050
18.16.050 Advisory board—Members—Compensation. (1) There is created a state cosmetology, barbering,
esthetics, and manicuring advisory board consisting of nine
members appointed by the director. These members of the
board shall include: A representative of private schools
licensed under this chapter; a representative of public vocational technical schools licensed under this chapter; a consumer who is unaffiliated with the cosmetology, barbering,
esthetics, or manicuring industry; and six members who are
currently practicing licensees who have been engaged in the
practice of manicuring, esthetics, barbering, or cosmetology
for at least three years. Members shall serve a term of three
years. Any board member may be removed for just cause.
The director may appoint a new member to fill any vacancy
on the board for the remainder of the unexpired term.
(2) Board members shall be entitled to compensation
pursuant to RCW 43.03.240 for each day spent conducting
official business and to reimbursement for travel expenses as
provided by RCW 43.03.050 and 43.03.060.
(3) The board may seek the advice and input of officials
from the following state agencies: (a) The work force training and education coordinating board; (b) the department of
employment security; (c) the department of labor and industries; (d) the department of health; (e) the department of
licensing; and (f) the department of revenue. [2002 c 111 § 4.
Prior: 1998 c 245 § 5; 1998 c 20 § 1; 1997 c 179 § 1; 1995 c
269 § 402; 1991 c 324 § 3; 1984 c 208 § 9.]
Effective date—2002 c 111: See note following RCW 18.16.010.
Findings—1995 c 269: "The legislature finds that the economic opportunities for cosmetologists, barbers, estheticians, and manicurists have deteriorated in this state as a result of the lack of skilled practitioners, inadequate
licensing controls, and inadequate enforcement of health standards. To
increase the opportunities for individuals to earn viable incomes in these professions and to protect the general health of the public, the state cosmetology, barbering, esthetics, and manicuring advisory board should be reconstituted and given a new charge to develop appropriate responses to this situation, including legislative proposals." [1995 c 269 § 401.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
18.16.060
18.16.060 License required—Penalty—Exemptions.
(1) It is unlawful for any person to engage in a practice listed
in subsection (2) of this section unless the person has a
license in good standing as required by this chapter. A
license issued under this chapter shall be considered to be "in
good standing" except when: (a) The license has expired or
has been canceled and has not been renewed in accordance
with RCW 18.16.110; (b) the license has been denied,
revoked, or suspended under RCW 18.16.210, 18.16.230, or
18.16.240, and has not been reinstated; (c) the license is held
by a person who has not fully complied with an order of the
director issued under RCW 18.16.210 requiring the licensee
to pay restitution or a fine, or to acquire additional training; or
(d) the license has been placed on inactive status at the
request of the licensee, and has not been reinstated in accordance with RCW 18.16.110(3).
(2) The director may take action under RCW 18.235.150
and 18.235.160 against any person who does any of the following without first obtaining, and maintaining in good
standing, the license required by this chapter:
[Title 18 RCW—page 27]
18.16.070
Title 18 RCW: Businesses and Professions
(a) Except as provided in subsection (3) of this section,
engages in the commercial practice of cosmetology, barbering, esthetics, or manicuring;
(b) Instructs in a school;
(c) Operates a school; or
(d) Operates a salon/shop, personal services, or mobile
unit.
(3) A person who receives a license as an instructor may
engage in the commercial practice for which he or she held a
license when applying for the instructor license without also
renewing the previously held license. However, a person
licensed as an instructor whose license to engage in a commercial practice is not or at any time was not renewed may
not engage in the commercial practice previously permitted
under that license unless that person renews the previously
held license. [2004 c 51 § 1. Prior: 2002 c 111 § 5; 2002 c
86 § 214; 1991 c 324 § 4; 1984 c 208 § 3.]
Notice of chapter 51, Laws of 2004—2004 c 51: "The department of
licensing shall:
(1) Within ninety days after March 22, 2004, notify each person who
held a cosmetology, barber, manicurist, or esthetician license between June
30, 1999, and June 30, 2003, of the provisions of this act by mailing a notice
as specified in this section to the licensee's last known mailing address;
(2) Include in the notice required by this section:
(a) A summary of this act, including a summary of the requirements for
(i) renewing and obtaining additional licenses; and (ii) requesting placement
on inactive status;
(b) A telephone number within the department for obtaining further
information;
(c) The department's internet address; and
(d) On the outside of the notice, a facsimile of the state seal, the department's return address, and the words "Notice of Legislative Changes — Cosmetology, Barbering, Manicuring, and Esthetics Licensing Information
Enclosed" in conspicuous bold face type." [2004 c 51 § 6.]
Effective date—2004 c 51: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 22, 2004]." [2004 c 51 § 11.]
Effective date—2002 c 111: See note following RCW 18.16.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.070
18.16.070 Licensing—Persons to whom chapter
inapplicable. This chapter shall not apply to persons
licensed under other laws of this state who are performing
services within their authorized scope of practice and shall
not be construed to require a license for students enrolled in a
school or an apprentice engaged in a state-approved apprenticeship program as defined in RCW 18.16.020. [2003 c 400
§ 3; 1984 c 208 § 4.]
Effective date—2003 c 400: See note following RCW 18.16.280.
18.16.080
18.16.080 Licensing—Other persons to whom chapter inapplicable. Nothing in this chapter prohibits any person authorized under the laws of this state from performing
any service for which the person may be licensed, nor prohibits any person from performing services as an electrologist if
that person has been otherwise certified, registered, or trained
as an electrologist.
This chapter does not apply to persons employed in the
care or treatment of patients in hospitals or employed in the
care of residents of nursing homes and similar residential
care facilities. [1984 c 208 § 19.]
[Title 18 RCW—page 28]
18.16.090
18.16.090 Examinations. Examinations for licensure
under this chapter shall be conducted at such times and places
as the director determines appropriate. Examinations shall
consist of tests designed to reasonably measure the applicant's knowledge of safe and sanitary practices and may also
include the applicant's knowledge of this chapter and rules
adopted pursuant to this chapter. The director may establish
by rule a performance examination in addition to any other
examination. The director shall establish by rule the minimum passing score for all examinations and the requirements
for reexamination of applicants who fail the examination or
examinations. The director may allow an independent person
to conduct the examinations at the expense of the applicants.
The director shall take steps to ensure that after completion of the required course or apprenticeship program, applicants may promptly take the examination and receive the
results of the examination. [2003 c 400 § 4; 2002 c 111 § 6;
1991 c 324 § 5; 1984 c 208 § 10.]
Effective date—2003 c 400: See note following RCW 18.16.280.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.100
18.16.100 Issuance of licenses—Requirements. (1)
Upon completion of an application approved by the department and payment of the proper fee, the director shall issue
the appropriate license to any person who:
(a) Is at least seventeen years of age or older;
(b)(i) Has completed and graduated from a school
licensed under this chapter in a curriculum approved by the
director of sixteen hundred hours of training in cosmetology,
one thousand hours of training in barbering, six hundred
hours of training in manicuring, six hundred hours of training
in esthetics, and/or five hundred hours of training as an
instructor-trainee, or has met the requirements in RCW
18.16.020 or 18.16.130; or
(ii) Has successfully completed a state-approved apprenticeship training program; and
(c) Has received a passing grade on the appropriate
licensing examination approved or administered by the director.
(2) A person currently licensed under this chapter may
qualify for examination and licensure, after the required
examination is passed, in another category if he or she has
completed the crossover training course.
(3) Upon completion of an application approved by the
department, certification of insurance, and payment of the
proper fee, the director shall issue a location license to the
applicant.
(4) The director may consult with the state board of
health and the department of labor and industries in establishing training, apprenticeship, and examination requirements.
[2003 c 400 § 5; 2002 c 111 § 7; 1991 c 324 § 6; 1984 c 208
§ 5.]
Effective date—2003 c 400: See note following RCW 18.16.280.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.110
18.16.110 Issuance of licenses—Renewals—Reinstatement—Duplicates. (1) The director shall issue the
appropriate license to any applicant who meets the requirements as outlined in this chapter.
(2) Except as provided in RCW 18.16.260:
(2004 Ed.)
Cosmetologists, Barbers, and Manicurists
(a) Failure to renew a license by its expiration date subjects the holder to a penalty fee and payment of each year's
renewal fee, at the current rate; and
(b) A person whose license has not been renewed within
one year after its expiration date shall have the license canceled and shall be required to submit an application, pay the
license fee, meet current licensing requirements, and pass any
applicable examination or examinations, in addition to the
other requirements of this chapter, before the license may be
reinstated.
(3) In lieu of the requirements of subsection (2)(a) of this
section, a license placed on inactive status under RCW
18.16.290 may be reinstated to good standing upon receipt by
the department of: (a) Payment of a renewal fee, without
penalty, for a two-year license commencing on the date the
license is reinstated; and (b) if the license was on inactive status during any time that the board finds that a health or other
requirement applicable to the license has changed, evidence
showing that the holder of the license has successfully completed, from a school licensed under RCW 18.16.140, at least
the number of curriculum clock hours of instruction that the
board deems necessary for a licensee to be brought current
with respect to such changes, but in no case may the number
of hours required under this subsection exceed four hours per
year that the license was on inactive status.
(4) Nothing in this section authorizes a person whose
license has expired or is on inactive status to engage in a practice prohibited under RCW 18.16.060 until the license is
renewed or reinstated.
(5) Upon request and payment of an additional fee to be
established by rule by the director, the director shall issue a
duplicate license to an applicant. [2004 c 51 § 3; 2002 c 111
§ 8; 1991 c 324 § 7; 1984 c 208 § 12.]
Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See
notes following RCW 18.16.060.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.130 Issuance of licenses—Persons licensed in
other jurisdictions. Any person who is properly licensed in
any state, territory, or possession of the United States, or foreign country shall be eligible for examination if the applicant
submits the approved application and fee and provides proof
to the director that he or she is currently licensed in good
standing as a cosmetologist, barber, manicurist, esthetician,
instructor, or the equivalent in that jurisdiction. Upon passage
of the required examinations the appropriate license will be
issued. [1991 c 324 § 10; 1984 c 208 § 11.]
18.16.130
18.16.140 School licenses—Application—Approved
security—Issuance—Changes in application information—Changes in controlling interest—Posting of
licenses. (1) Any person wishing to operate a school shall,
before opening such a school, pay the license fee and file with
the director for approval a license application containing the
following information:
(a) The names and addresses of all owners, managers,
and instructors;
(b) A copy of the school's curriculum satisfying the curriculum requirements established by the director;
(c) A sample copy of the school's catalog, brochure,
enrollment contract, and cancellation and refund policies that
18.16.140
(2004 Ed.)
18.16.160
will be used or distributed by the school to students and the
public;
(d) A surety bond in an amount not less than ten thousand dollars, or ten percent of the annual gross tuition collected by the school, whichever is greater. The approved
security shall not exceed fifty thousand dollars and shall run
to the state of Washington for the protection of unearned prepaid student tuition. The school shall attest to its gross tuition
at least annually on forms provided by the department. When
a new school license is being applied for, the applicant will
estimate its annual gross tuition to establish a bond amount.
This subsection shall not apply to community colleges and
vocational technical schools.
Upon approval of the application and documents, the
director shall issue a license to operate a school.
(2) Changes to the information provided by schools shall
be submitted to the department within fifteen days of the
implementation date.
(3) A change involving the controlling interest of the
school requires a new license application and fee. The new
application shall include all required documentation, proof of
ownership change, and be approved prior to a license being
issued.
(4) School and instructor licenses issued by the department shall be posted in the reception area of the school.
[2002 c 111 § 9; 1991 c 324 § 11; 1987 c 445 § 1; 1984 c 208
§ 6.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.150
18.16.150 Schools—Compliance with chapter.
Schools shall be audited and inspected by the director or the
director's designee for compliance with this chapter at least
once a year. If the director determines that a licensed school
is not maintaining the standards required according to this
chapter, written notice thereof shall be given to the school. A
school which fails to correct these conditions to the satisfaction of the director within a reasonable time may be subject to
penalties imposed under RCW 18.235.110. [2002 c 86 § 215;
1997 c 178 § 1; 1991 c 324 § 12; 1984 c 208 § 8.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.160
18.16.160 Schools—Claims against—Procedure. In
addition to any other legal remedy, any student or instructortrainee having a claim against a school may bring suit upon
the approved security required in RCW 18.16.140(1)(d) in
the superior or district court of Thurston county or the county
in which the educational services were offered by the school.
Action upon the approved security shall be commenced by
filing the complaint with the clerk of the appropriate superior
or district court within one year from the date of the cancellation of the approved security: PROVIDED, That no action
shall be maintained upon the approved security for any claim
which has been barred by any nonclaim statute or statute of
limitations of this state. Service of process in an action upon
the approved security shall be exclusively by service upon
the director. Two copies of the complaint shall be served by
registered or certified mail upon the director at the time the
suit is started. Such service shall constitute service on the
[Title 18 RCW—page 29]
18.16.170
Title 18 RCW: Businesses and Professions
approved security and the school. The director shall transmit
the complaint or a copy thereof to the school at the address
listed in the director's records and to the surety within fortyeight hours after it has been received. The approved security
shall not be liable in an aggregate amount in excess of the
amount named in the approved security. In any action on an
approved security, the prevailing party is entitled to reasonable attorney's fees and costs.
The director shall maintain a record, available for public
inspection, of all suits commenced under this chapter upon
approved security. [2004 c 51 § 8; 1991 c 324 § 13; 1984 c
208 § 16.]
Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See
notes following RCW 18.16.060.
18.16.170
18.16.170 Expiration of licenses. (1) Subject to subsection (2) of this section, licenses issued under this chapter
expire as follows:
(a) A salon/shop, personal services, or mobile unit
license expires one year from issuance or when the insurance
required by RCW 18.16.175(1)(g) expires, whichever occurs
first;
(b) A school license expires one year from issuance; and
(c) Cosmetologist, barber, manicurist, esthetician, and
instructor licenses expire two years from issuance.
(2) The director may provide for expiration dates other
than those set forth in subsection (1) of this section for the
purpose of establishing staggered renewal periods. [2002 c
111 § 10; 1991 c 324 § 9.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.175
18.16.175 Salon/shop or mobile unit requirements—
Liability insurance—Complaints—Inspection—Registration—Use of motor homes—Posting of licenses. (1) A
salon/shop or mobile unit shall meet the following minimum
requirements:
(a) Maintain an outside entrance separate from any
rooms used for sleeping or residential purposes;
(b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the
salon/shop or mobile unit;
(c) Any room used wholly or in part as a salon/shop or
mobile unit shall not be used for residential purposes, except
that toilet facilities may be used jointly for residential and
business purposes;
(d) Meet the zoning requirements of the county, city, or
town, as appropriate;
(e) Provide for safe storage and labeling of chemicals
used in the practices under this chapter;
(f) Meet all applicable local and state fire codes; and
(g) Certify that the salon/shop or mobile unit is covered
by a public liability insurance policy in an amount not less
than one hundred thousand dollars for combined bodily
injury and property damage liability.
(2) The director may by rule determine other requirements that are necessary for safety and sanitation of
salons/shops, personal services, or mobile units. The director
may consult with the state board of health and the department
of labor and industries in establishing minimum salon/shop,
personal services, and mobile unit safety requirements.
[Title 18 RCW—page 30]
(3) Personal services license holders shall certify coverage of a public liability insurance policy in an amount not less
than one hundred thousand dollars for combined bodily
injury and property damage liability.
(4) Upon receipt of a written complaint that a salon/shop
or mobile unit has violated any provisions of this chapter,
chapter 18.235 RCW, or the rules adopted under either chapter, or at least once every two years for an existing salon/shop
or mobile unit, the director or the director's designee shall
inspect each salon/shop or mobile unit. If the director determines that any salon/shop or mobile unit is not in compliance
with this chapter, the director shall send written notice to the
salon/shop or mobile unit. A salon/shop or mobile unit which
fails to correct the conditions to the satisfaction of the director within a reasonable time shall, upon due notice, be subject
to the penalties imposed by the director under RCW
18.235.110. The director may enter any salon/shop or mobile
unit during business hours for the purpose of inspection. The
director may contract with health authorities of local governments to conduct the inspections under this subsection.
(5) A salon/shop, personal services, or mobile unit shall
obtain a certificate of registration from the department of revenue.
(6) This section does not prohibit the use of motor homes
as mobile units if the motor home meets the health and safety
standards of this section.
(7) Salon/shop or mobile unit licenses issued by the
department must be posted in the salon/shop or mobile unit's
reception area.
(8) Cosmetology, barbering, esthetics, and manicuring
licenses issued by the department must be posted at the
licensed person's work station. [2002 c 111 § 11; 2002 c 86
§ 216; 1997 c 178 § 2; 1991 c 324 § 15.]
Reviser's note: This section was amended by 2002 c 86 § 216 and by
2002 c 111 § 11, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 111: See note following RCW 18.16.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.180
18.16.180 Salon/shop—Notice required. The director
shall prepare and provide to all licensed salons/shops a notice
to consumers. At a minimum, the notice shall state that cosmetology, barber, esthetics, and manicure salons/shops are
required to be licensed, that salons/shops are required to
maintain minimum safety and sanitation standards, that customer complaints regarding salons/shops may be reported to
the department, and a telephone number and address where
complaints may be made. [1991 c 324 § 16.]
18.16.190
18.16.190 Location of practice—Penalty—Placebound clients. It is a violation of this chapter for any person
to engage in the commercial practice of cosmetology, barbering, esthetics, or manicuring, except in a licensed salon/shop
or the home, office, or other location selected by the client for
obtaining the services of a personal service operator, or with
the appropriate individual license when delivering services to
placebound clients. Placebound clients are defined as persons
(2004 Ed.)
Cosmetologists, Barbers, and Manicurists
who are ill, disabled, or otherwise unable to travel to a
salon/shop. [1991 c 324 § 20.]
18.16.200
18.16.200 Disciplinary action—Grounds. In addition
to the unprofessional conduct described in RCW 18.235.130,
the director may take disciplinary action against any applicant or licensee under this chapter if the licensee or applicant:
(1) Has been found to have violated any provisions of
chapter 19.86 RCW;
(2) Has engaged in a practice prohibited under RCW
18.16.060 without first obtaining, and maintaining in good
standing, the license required by this chapter;
(3) Has engaged in the commercial practice of cosmetology, barbering, manicuring, or esthetics in a school;
(4) Has not provided a safe, sanitary, and good moral
environment for students in a school or the public;
(5) Has failed to display licenses required in this chapter;
or
(6) Has violated any provision of this chapter or any rule
adopted under it. [2004 c 51 § 4. Prior: 2002 c 111 § 12;
2002 c 86 § 217; 1991 c 324 § 14; 1984 c 208 § 13.]
Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See
notes following RCW 18.16.060.
Effective date—2002 c 111: See note following RCW 18.16.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.210
18.16.210 Violations—Penalties. If, following a hearing, the director finds that any person or an applicant or licensee has violated any provision of this chapter or any rule
adopted under it, the director may impose one or more of the
following penalties:
(1) Denial of a license or renewal;
(2) Revocation or suspension of a license;
(3) A fine of not more than five hundred dollars per violation;
(4) Issuance of a reprimand or letter of censure;
(5) Placement of the licensee on probation for a fixed
period of time;
(6) Restriction of the licensee's authorized scope of practice;
(7) Requiring the licensee to make restitution or a refund
as determined by the director to any individual injured by the
violation; or
(8) Requiring the licensee to obtain additional training or
instruction. [2002 c 111 § 13; 1984 c 208 § 14.]
18.16.260
18.16.230
18.16.230 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified
by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a
brief adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release
issued by the lending agency stating that the person is making
payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the director
may impose. [1996 c 293 § 5.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.16.240
18.16.240 License suspension—Noncompliance with
support order—Reissuance. The department shall immediately suspend the license of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance with
a support order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the department's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [2002 c 111 § 15; 1997 c 58 § 815.]
Effective date—2002 c 111: See note following RCW 18.16.010.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.16.250
18.16.250 Finding—Consumer protection act. The
legislature finds that the practices covered by this chapter are
matters vitally affecting the public interest for the purpose of
applying the consumer protection act, chapter 19.86 RCW. A
violation of this chapter is not reasonable in relation to the
development and preservation of business and is an unfair or
deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection act, chapter 19.86 RCW. [2002 c 111 § 14.]
Effective date—2002 c 111: See note following RCW 18.16.010.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.260
18.16.220
18.16.220 Appeal—Procedure. Any person aggrieved
by the refusal of the director to issue any license provided for
in this chapter, or to renew the same, or by the revocation or
suspension of any license issued under this chapter or by the
application of any penalty under RCW 18.16.210, shall have
the right to appeal the decision of the director to the superior
court of the county in which the person maintains his or her
place of business. Such appeal shall be filed within thirty
days of the director's decision. [1984 c 208 § 15.]
(2004 Ed.)
18.16.260 License renewal—Fee—Examination—
Fee. (1)(a) Prior to July 1, 2005, (i) a cosmetology licensee
who held a license in good standing between June 30, 1999,
and June 30, 2003, may request a renewal of the license or an
additional license in barbering, manicuring, and/or esthetics;
and (ii) a licensee who held a barber, manicurist, or esthetics
license between June 30, 1999, and June 30, 2003, may
request a renewal of such licenses held during that period.
(b) A license renewal fee, including, if applicable, a
renewal fee, at the current rate, for each year the licensee did
[Title 18 RCW—page 31]
18.16.270
Title 18 RCW: Businesses and Professions
not hold a license in good standing between July 1, 2001, and
the date of the renewal request, must be paid prior to issuance
of each type of license requested. After June 30, 2005, any
cosmetology licensee wishing to renew an expired license or
obtain additional licenses must meet the applicable renewal,
training, and examination requirements of this chapter.
(2) The director may, as provided in RCW 43.24.140,
modify the duration of any additional license granted under
this section to make all licenses issued to a person expire on
the same date. [2004 c 51 § 5; 2002 c 111 § 16.]
Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See
notes following RCW 18.16.060.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.270 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 218.]
18.16.270
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.280 Cosmetology apprenticeship pilot program. A cosmetology apprenticeship pilot program is
hereby created.
(1) An advisory committee is created that may consist of
representatives from individuals and businesses licensed
under chapter 18.16 RCW; cosmetology, barbering, esthetics, and manicuring advisory board members; department of
labor and industries; department of licensing; United States
department of labor apprenticeship; and other interested parties.
(a) The advisory committee shall meet to review
progress of the cosmetology apprenticeship pilot program.
(b) The department of labor and industries apprenticeship council shall coordinate the activities of the advisory
committee. The advisory committee shall issue annual
reports on the progress of the apprenticeship program to
interested parties and shall issue a final report regarding the
outcome of the apprenticeship program to be presented to the
appropriate committees of the house of representatives and
senate by December 31, 2005.
(2) Up to twenty salons approved by the department of
labor and industries apprenticeship council may participate in
the apprenticeship program. The participating salons shall
proportionately represent the geographic diversity of Washington state, including rural and urban areas, and salons
located in both eastern and western Washington.
(3) The department of licensing shall adopt rules, including a mandatory requirement that apprentices complete inclassroom theory courses as a part of their training, to provide
for the licensure of participants of the apprenticeship program.
(4) The cosmetology apprenticeship pilot program
expires July 1, 2006. [2003 c 400 § 1.]
18.16.280
and notarized request that the licensee's cosmetology, barber,
manicurist, esthetician, or instructor license be placed on
inactive status, together with a fee equivalent to that established by rule for a duplicate license, the department shall
place the license on inactive status until the expiration date of
the license. If the date of the request is no more than six
months before the expiration date of the license, a request for
a two-year extension of the inactive status, as provided under
subsection (2) of this section, may be submitted at the same
time as the request under this subsection.
(2) If the holder of a license placed on inactive status
under this section submits, by the expiration date of the
license, a written and notarized request to extend that status
for an additional two years, the department shall, without
additional fee, extend the expiration date of: (a) The licensee's individual license; and (b) the inactive status for two
years from the expiration date of the license.
(3) A license placed on inactive status under this section
may not be extended more frequently than once in any
twenty-four month period or for more than six consecutive
years.
(4) If, by the expiration date of a license placed on inactive status under this section, a licensee is unable, or fails, to
request that the status be extended and the license is not
renewed, the license shall be canceled. [2004 c 51 § 2.]
Notice of chapter 51, Laws of 2004—Effective date—2004 c 51: See
notes following RCW 18.16.060.
18.16.900
18.16.900 Short title—1984 c 208. This act shall be
known and may be cited as the "Washington cosmetologists,
barbers, manicurists, and estheticians act". [2002 c 111 § 17;
1984 c 208 § 20.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.905
18.16.905 Severability—1984 c 208. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 208 § 22.]
18.16.907
18.16.907 Effective date—1984 c 208. This act shall
take effect July 1, 1984. [1984 c 208 § 23.]
18.16.910
18.16.910 Severability—1991 c 324. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 324 § 22.]
Chapter 18.19
Sections
Effective date—2003 c 400: "This act takes effect September 15,
2003." [2003 c 400 § 6.]
18.19.010
18.19.020
18.19.030
18.19.040
18.19.050
18.16.290 License—Inactive status. (1) If the holder
of an individual license in good standing submits a written
18.19.060
18.19.080
18.19.090
18.16.290
[Title 18 RCW—page 32]
Chapter 18.19 RCW
COUNSELORS
Legislative findings—Insurance benefits not mandated.
Definitions.
Registration required.
Exemptions.
Powers of secretary—Application of uniform disciplinary
act—Public education program.
Information disclosure to clients.
Official records.
Registration of counselors and hypnotherapists.
(2004 Ed.)
Counselors
18.19.100
18.19.180
18.19.190
18.19.900
18.19.901
Registration renewal.
Confidential communications.
Other professions not affected.
Short title.
Severability—1987 c 512.
18.19.010
18.19.010 Legislative findings—Insurance benefits
not mandated. The qualifications and practices of counselors in this state are virtually unknown to potential clients.
Beyond the regulated practices of psychiatry and psychology,
there are a considerable variety of disciplines, theories, and
techniques employed by other counselors under a number of
differing titles. The legislature recognizes the right of all
counselors to practice their skills freely, consistent with the
requirements of the public health and safety, as well as the
right of individuals to choose which counselors best suit their
needs and purposes. This chapter shall not be construed to
require or prohibit that individual or group policies or contracts of an insurance carrier, health care service contractor,
or health maintenance organization provide benefits or coverage for services and supplies provided by a person registered
under this chapter. [2001 c 251 § 17; 1987 c 512 § 1.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.020
18.19.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Client" means an individual who receives or participates in counseling or group counseling.
(2) "Counseling" means employing any therapeutic techniques, including but not limited to social work, mental
health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an individual or individuals in the amelioration or adjustment of
mental, emotional, or behavioral problems, and includes therapeutic techniques to achieve sensitivity and awareness of
self and others and the development of human potential. For
the purposes of this chapter, nothing may be construed to
imply that the practice of hypnotherapy is necessarily limited
to counseling.
(3) "Counselor" means an individual, practitioner, therapist, or analyst who engages in the practice of counseling to
the public for a fee, including for the purposes of this chapter,
hypnotherapists.
(4) "Department" means the department of health.
(5) "Secretary" means the secretary of the department or
the secretary's designee. [2001 c 251 § 18; 1991 c 3 § 19;
1987 c 512 § 3.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.030
18.19.030 Registration required. No person may, for
a fee or as a part of his or her position as an employee of a
state agency, practice counseling without being registered to
practice by the department under this chapter unless exempt
under RCW 18.19.040. [2001 c 251 § 19; 1991 c 3 § 20;
1987 c 512 § 2.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.040
18.19.040 Exemptions. Nothing in this chapter may be
construed to prohibit or restrict:
(2004 Ed.)
18.19.050
(1) The practice of a profession by a person who is either
registered, certified, licensed, or similarly regulated under the
laws of this state and who is performing services within the
person's authorized scope of practice, including any attorney
admitted to practice law in this state when providing counseling incidental to and in the course of providing legal counsel;
(2) The practice of counseling by an employee or trainee
of any federal agency, or the practice of counseling by a student of a college or university, if the employee, trainee, or
student is practicing solely under the supervision of and
accountable to the agency, college, or university, through
which he or she performs such functions as part of his or her
position for no additional fee other than ordinary compensation;
(3) The practice of counseling by a person without a
mandatory charge;
(4) The practice of counseling by persons offering services for public and private nonprofit organizations or charities not primarily engaged in counseling for a fee when
approved by the organizations or agencies for whom they
render their services;
(5) Evaluation, consultation, planning, policy-making,
research, or related services conducted by social scientists for
private corporations or public agencies;
(6) The practice of counseling by a person under the auspices of a religious denomination, church, or organization, or
the practice of religion itself;
(7) Counselors whose residency is not Washington state
from providing up to ten days per quarter of training or workshops in the state, as long as they don't hold themselves out to
be registered in Washington state. [2001 c 251 § 20; 1987 c
512 § 4.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.050
18.19.050 Powers of secretary—Application of uniform disciplinary act—Public education program. (1) In
addition to any other authority provided by law, the secretary
has the following authority:
(a) To adopt rules, in accordance with chapter 34.05
RCW, necessary to implement this chapter;
(b) To set all registration and renewal fees in accordance
with RCW 43.70.250 and to collect and deposit all such fees
in the health professions account established under RCW
43.70.320;
(c) To establish forms and procedures necessary to
administer this chapter;
(d) To hire clerical, administrative, and investigative
staff as needed to implement this chapter;
(e) To issue a registration to any applicant who has met
the requirements for registration; and
(f) To develop a dictionary of recognized professions
and occupations providing counseling services to the public
included under this chapter.
(2) The uniform disciplinary act, chapter 18.130 RCW,
governs the issuance and denial of registrations and the discipline of registrants under this chapter. The secretary shall be
the disciplining authority under this chapter. The absence of
educational or training requirements for counselors registered under this chapter or the counselor's use of nontraditional nonabusive therapeutic techniques shall not, in and of
[Title 18 RCW—page 33]
18.19.060
Title 18 RCW: Businesses and Professions
itself, give the secretary authority to unilaterally determine
the training and competence or to define or restrict the scope
of practice of such individuals.
(3) The department shall publish and disseminate information in order to educate the public about the responsibilities of counselors and the rights and responsibilities of clients
established under this chapter. Solely for the purposes of
administering this education requirement, the secretary shall
assess an additional fee for each application and renewal,
equal to five percent of the fee. The revenue collected from
the assessment fee may be appropriated by the legislature for
the department's use in educating consumers pursuant to this
section. The authority to charge the assessment fee shall terminate on June 30, 1994. [2001 c 251 § 21; 1991 c 3 § 21;
1987 c 512 § 5.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.060
18.19.060 Information disclosure to clients. Persons
registered under this chapter shall provide clients at the commencement of any program of treatment with accurate disclosure information concerning their practice, in accordance
with guidelines developed by the department, that will inform
clients of the purposes of and resources available under this
chapter, including the right of clients to refuse treatment, the
responsibility of clients for choosing the provider and treatment modality which best suits their needs, and the extent of
confidentiality provided by this chapter. The disclosure information provided by the counselor, the receipt of which shall
be acknowledged in writing by the counselor and client, shall
include any relevant education and training, the therapeutic
orientation of the practice, the proposed course of treatment
where known, any financial requirements, and such other
information as the department may require by rule. The disclosure information shall also include a statement that registration of an individual under this chapter does not include a
recognition of any practice standards, nor necessarily imply
the effectiveness of any treatment. [2001 c 251 § 22; 1987 c
512 § 6.]
Severability—2001 c 251: See RCW 18.225.900.
fee determined by the secretary as provided in RCW
43.70.250, which shall accompany the application. [1991 c 3
§ 24; 1987 c 512 § 9.]
18.19.100
18.19.100 Registration renewal. The secretary shall
establish administrative procedures, administrative requirements, and fees for renewal of registrations as provided in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 5; 1991 c 3 §
25; 1987 c 512 § 10.]
18.19.180
18.19.180 Confidential communications. An individual registered under this chapter shall not disclose the written
acknowledgment of the disclosure statement pursuant to
RCW 18.19.060 nor any information acquired from persons
consulting the individual in a professional capacity when that
information was necessary to enable the individual to render
professional services to those persons except:
(1) With the written consent of that person or, in the case
of death or disability, the person's personal representative,
other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;
(2) That a person registered under this chapter is not
required to treat as confidential a communication that reveals
the contemplation or commission of a crime or harmful act;
(3) If the person is a minor, and the information acquired
by the person registered under this chapter indicates that the
minor was the victim or subject of a crime, the person registered may testify fully upon any examination, trial, or other
proceeding in which the commission of the crime is the subject of the inquiry;
(4) If the person waives the privilege by bringing charges
against the person registered under this chapter;
(5) In response to a subpoena from a court of law or the
secretary. The secretary may subpoena only records related to
a complaint or report under chapter 18.130 RCW; or
(6) As required under chapter 26.44 RCW. [2001 c 251
§ 24; 1991 c 3 § 33; 1987 c 512 § 11.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.080
18.19.080 Official records. The secretary shall keep an
official record of all proceedings, a part of which record shall
consist of a register of all applicants for registration under
this chapter, with the result of each application. [2001 c 251
§ 23; 1991 c 3 § 23; 1987 c 512 § 8.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.090
18.19.090 Registration of counselors and hypnotherapists. The secretary shall issue a registration to any applicant who submits, on forms provided by the secretary, the
applicant's name, address, occupational title, name and location of business, and other information as determined by the
secretary, including information necessary to determine
whether there are grounds for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW. Applicants for registration shall register as
counselors or may register as hypnotherapists if employing
hypnosis as a modality. Applicants shall, in addition, provide
in their titles a description of their therapeutic orientation,
discipline, theory, or technique. Each applicant shall pay a
[Title 18 RCW—page 34]
18.19.190
18.19.190 Other professions not affected. This chapter shall not be construed as permitting the administration or
prescription of drugs or in any way infringing upon the practice of medicine and surgery as defined in chapter 18.71
RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope
of the practice of counseling for those registered under this
chapter. [2001 c 251 § 25; 1987 c 512 § 18.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.900
18.19.900 Short title. This chapter shall be known as
the omnibus credentialing act for counselors. [1987 c 512 §
20.]
18.19.901
18.19.901 Severability—1987 c 512. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 512 § 28.]
(2004 Ed.)
Boarding Homes
Chapter 18.20
Chapter 18.20 RCW
BOARDING HOMES
Sections
18.20.010
18.20.020
18.20.030
18.20.040
18.20.050
18.20.090
18.20.110
18.20.115
18.20.125
18.20.130
18.20.140
18.20.150
18.20.160
18.20.170
18.20.180
18.20.185
18.20.190
18.20.195
18.20.200
18.20.210
18.20.220
18.20.230
18.20.250
18.20.260
18.20.270
18.20.280
18.20.290
18.20.300
18.20.310
18.20.320
18.20.330
18.20.340
18.20.350
18.20.360
18.20.370
18.20.380
18.20.390
18.20.400
18.20.900
18.20.010
Purpose.
Definitions.
License required.
Application for license.
Licenses—Issuance—Renewal—Provisional licenses—
Fees—Display—Surrender, relinquishment—Change in licensee—Refusal of renewal, when—Copy of decision.
Rules, regulations, and standards.
Inspection of boarding homes—Approval of changes or new
facilities.
Quality improvement consultation program—Principles.
Inspections—Enforcement remedies—Screening—Access to
vulnerable adults/limitation.
Fire protection—Duties of chief of the Washington state
patrol.
Operating without license—Penalty.
Operating without license—Injunction.
Persons requiring medical or nursing care.
Homes operated by religious organizations.
Resident rights.
Complaints—Toll-free telephone number—Investigation and
referral—Rules—Retaliation prohibited.
Department response to noncompliance or violations.
Disputed violations, enforcement remedies—Informal dispute
resolution process.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Residential care contracted services, conversion to—Requirements.
Training standards review—Proposed enhancements.
Federal funding programs, opportunities—Secretary's duty to
comply.
Advisory board.
Long-term caregiver training.
General responsibility for each resident.
Holding a medicaid eligible resident's room or unit—Payment
rates—Report to the legislature.
Domiciliary care services—Scope of services—Disclosure
form.
Assistance with activities of daily living.
Health support services.
Intermittent nursing services.
Resident's family member administers medications or treatment—Written primary or alternate plan—Licensee's duty
of care/negligence.
Preadmission assessment—Initial resident service plan.
Full reassessment of resident.
Negotiated service agreement.
Provision of outside services—Licensee's duty of care/negligence.
Quality assurance committee.
Correction of violation/deficiency—Not included in facility
report.
Severability—1957 c 253.
18.20.010 Purpose. The purpose of this chapter is to
provide for the development, establishment, and enforcement
of standards for the maintenance and operation of boarding
homes, which, in the light of advancing knowledge, will promote safe and adequate care of the individuals therein. It is
further the intent of the legislature that boarding homes be
available to meet the needs of those for whom they care by
recognizing the capabilities of individuals to direct their selfmedication or to use supervised self-medication techniques
when ordered and approved by a physician licensed under
chapter 18.57 or 18.71 RCW or a podiatric physician and surgeon licensed under chapter 18.22 RCW.
The legislature finds that many residents of communitybased long-term care facilities are vulnerable and their health
and well-being are dependent on their caregivers. The qual(2004 Ed.)
18.20.020
ity, skills, and knowledge of their caregivers are often the key
to good care. The legislature finds that the need for welltrained caregivers is growing as the state's population ages
and residents' needs increase. The legislature intends that current training standards be enhanced. [2000 c 171 § 3; 2000 c
121 § 1; 1985 c 297 § 1; 1957 c 253 § 1.]
Reviser's note: This section was amended by 2000 c 121 § 1 and by
2000 c 171 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
18.20.020
18.20.020 Definitions. (Effective until September 1,
2004.) As used in this chapter:
(1) "Boarding home" means any home or other institution, however named, which is advertised, announced, or
maintained for the express or implied purpose of providing
board and domiciliary care to seven or more residents after
July 1, 2000. However, a boarding home that is licensed to
provide board and domiciliary care to three to six residents on
July 1, 2000, may maintain its boarding home license as long
as it is continually licensed as a boarding home. "Boarding
home" shall not include facilities certified as group training
homes pursuant to RCW 71A.22.040, nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law providing specifically
for the licensing and regulation of such home, institution or
section thereof. Nor shall it include any independent senior
housing, independent living units in continuing care retirement communities, or other similar living situations including those subsidized by the department of housing and urban
development.
(2) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(3) "Secretary" means the secretary of social and health
services.
(4) "Department" means the state department of social
and health services.
(5) "Domiciliary care" means: Assistance with activities
of daily living provided by the boarding home either directly
or indirectly; or assuming general responsibility for the safety
and well-being of the resident; or intermittent nursing services, if provided directly or indirectly by the boarding home.
"Domiciliary care" does not include general observation or
preadmission assessment for the purposes of transitioning to
a licensed care setting.
(6) "General responsibility for the safety and well-being
of the resident" does not include: (a) Emergency assistance
provided on an intermittent or nonroutine basis to any nonresident individual; or (b) services customarily provided
under landlord tenant agreements governed by the residential
landlord-tenant act, chapter 59.18 RCW. Such services do
not include care or supervision.
(7) "Resident" means an individual who: Lives in a
boarding home, including those receiving respite care; is not
related by blood or marriage to the operator of the boarding
home; and by reason of age or disability, receives domiciliary
care provided either directly or indirectly by the boarding
home. [2003 c 231 § 2; 2000 c 47 § 1; 1998 c 272 § 14; 1991
c 3 § 34; 1989 c 329 § 1; 1985 c 213 § 4; 1979 c 141 § 25;
1957 c 253 § 2.]
[Title 18 RCW—page 35]
18.20.020
Title 18 RCW: Businesses and Professions
Findings—2003 c 231: "The legislature finds and declares that, in
keeping with the traditional concept of the dignity of the individual in our
democratic society, the older citizens of this state and persons with disabilities are entitled to live in comfort, honor, and dignity in a manner that maximizes freedom and independence.
The legislature further finds that licensed boarding homes are an essential component of home and community-based services, and that the noninstitutional nature of this care setting must be preserved and protected by
ensuring a regulatory structure that focuses on the actual care and services
provided to residents, consumer satisfaction, and continuous quality
improvement.
The legislature also finds that residents and consumers of services in
licensed boarding homes should be encouraged to exercise maximum independence, and the legislature declares that the state's rules for licensed
boarding homes must also be designed to encourage individual dignity,
autonomy, and choice.
The legislature further finds that consumers should be afforded access
to affordable long-term care services in licensed boarding homes, and
believes that care delivery must remain responsive to consumer preferences.
Residents and consumers in licensed boarding homes should be afforded the
right to self-direct care, and this right should be reflected in the rules governing licensed boarding homes." [2003 c 231 § 1.]
Effective date—2003 c 231: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 231 § 12.]
Effective date—2000 c 47: "This act takes effect July 1, 2000." [2000
c 47 § 11.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.020
18.20.020 Definitions. (Effective September 1, 2004.)
As used in this chapter:
(1) "Boarding home" means any home or other institution, however named, which is advertised, announced, or
maintained for the express or implied purpose of providing
housing, basic services, and assuming general responsibility
for the safety and well-being of the residents, and may also
provide domiciliary care, consistent with chapter 142, Laws
of 2004, to seven or more residents after July 1, 2000. However, a boarding home that is licensed for three to six residents prior to or on July 1, 2000, may maintain its boarding
home license as long as it is continually licensed as a boarding home. "Boarding home" shall not include facilities certified as group training homes pursuant to RCW 71A.22.040,
nor any home, institution or section thereof which is otherwise licensed and regulated under the provisions of state law
providing specifically for the licensing and regulation of such
home, institution or section thereof. Nor shall it include any
independent senior housing, independent living units in continuing care retirement communities, or other similar living
situations including those subsidized by the department of
housing and urban development.
(2) "Basic services" means housekeeping services,
meals, nutritious snacks, laundry, and activities.
(3) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(4) "Secretary" means the secretary of social and health
services.
(5) "Department" means the state department of social
and health services.
(6) "Resident's representative" means a person designated voluntarily by a competent resident, in writing, to act in
[Title 18 RCW—page 36]
the resident's behalf concerning the care and services provided by the boarding home and to receive information from
the boarding home, if there is no legal representative. The
resident's competence shall be determined using the criteria
in RCW 11.88.010(1)(e). The resident's representative may
not be affiliated with the licensee, boarding home, or management company, unless the affiliated person is a family
member of the resident. The resident's representative shall
not have authority to act on behalf of the resident once the
resident is no longer competent.
(7) "Domiciliary care" means: Assistance with activities
of daily living provided by the boarding home either directly
or indirectly; or health support services, if provided directly
or indirectly by the boarding home; or intermittent nursing
services, if provided directly or indirectly by the boarding
home.
(8) "General responsibility for the safety and well-being
of the resident" means the provision of the following: Prescribed general low sodium diets; prescribed general diabetic
diets; prescribed mechanical soft foods; emergency assistance; monitoring of the resident; arranging health care
appointments with outside health care providers and reminding residents of such appointments as necessary; coordinating
health care services with outside health care providers consistent with RCW 18.20.380; assisting the resident to obtain and
maintain glasses, hearing aids, dentures, canes, crutches,
walkers, wheelchairs, and assistive communication devices;
observation of the resident for changes in overall functioning;
blood pressure checks as scheduled; responding appropriately when there are observable or reported changes in the
resident's physical, mental, or emotional functioning; or medication assistance as permitted under RCW 69.41.085 and as
defined in RCW 69.41.010.
(9) "Legal representative" means a person or persons
identified in RCW 7.70.065 who may act on behalf of the resident pursuant to the scope of their legal authority. The legal
representative shall not be affiliated with the licensee, boarding home, or management company, unless the affiliated person is a family member of the resident.
(10) "Nonresident individual" means a person who
resides in independent senior housing, independent living
units in continuing care retirement communities, or in other
similar living environments or in a boarding home and may
receive one or more of the services listed in RCW
18.20.030(5), but may not receive domiciliary care, as
defined in this chapter, directly or indirectly by the facility
and may not receive the items and services listed in subsection (8) of this section.
(11) "Resident" means an individual who is not related
by blood or marriage to the operator of the boarding home,
and by reason of age or disability, chooses to reside in the
boarding home and receives basic services and one or more
of the services listed under general responsibility for the
safety and well-being of the resident and may receive domiciliary care or respite care provided directly or indirectly by
the boarding home and shall be permitted to receive hospice
care through an outside service provider when arranged by
the resident or the resident's legal representative under RCW
18.20.380.
(12) "Resident applicant" means an individual who is
seeking admission to a licensed boarding home and who has
(2004 Ed.)
Boarding Homes
completed and signed an application for admission, or such
application for admission has been completed and signed in
their behalf by their legal representative if any, and if not,
then the designated representative if any. [2004 c 142 § 1;
2003 c 231 § 2; 2000 c 47 § 1; 1998 c 272 § 14; 1991 c 3 §
34; 1989 c 329 § 1; 1985 c 213 § 4; 1979 c 141 § 25; 1957 c
253 § 2.]
Effective dates—2004 c 142: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004], except that sections 1 through 10 and 12 of this act take
effect September 1, 2004." [2004 c 142 § 18.]
Findings—2003 c 231: "The legislature finds and declares that, in
keeping with the traditional concept of the dignity of the individual in our
democratic society, the older citizens of this state and persons with disabilities are entitled to live in comfort, honor, and dignity in a manner that maximizes freedom and independence.
The legislature further finds that licensed boarding homes are an essential component of home and community-based services, and that the noninstitutional nature of this care setting must be preserved and protected by
ensuring a regulatory structure that focuses on the actual care and services
provided to residents, consumer satisfaction, and continuous quality
improvement.
The legislature also finds that residents and consumers of services in
licensed boarding homes should be encouraged to exercise maximum independence, and the legislature declares that the state's rules for licensed
boarding homes must also be designed to encourage individual dignity,
autonomy, and choice.
The legislature further finds that consumers should be afforded access
to affordable long-term care services in licensed boarding homes, and
believes that care delivery must remain responsive to consumer preferences.
Residents and consumers in licensed boarding homes should be afforded the
right to self-direct care, and this right should be reflected in the rules governing licensed boarding homes." [2003 c 231 § 1.]
Effective date—2003 c 231: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 231 § 12.]
Effective date—2000 c 47: "This act takes effect July 1, 2000." [2000
c 47 § 11.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.030
18.20.030 License required. (1) After January 1, 1958,
no person shall operate or maintain a boarding home as
defined in this chapter within this state without a license
under this chapter.
(2) A boarding home license is not required for the housing, or services, that are customarily provided under landlord
tenant agreements governed by the residential landlord-tenant act, chapter 59.18 RCW, or when housing nonresident
individuals who, without ongoing assistance from the boarding home, initiate and arrange for services provided by persons other than the boarding home licensee or the licensee's
contractor. This subsection does not prohibit the licensee
from furnishing written information concerning available
community resources to the nonresident individual or the
individual's family members or legal representatives. The
licensee may not require the use of any particular service provider.
(3) Residents receiving domiciliary care, directly or indirectly by the boarding home, are not considered nonresident
individuals for the purposes of this section.
(2004 Ed.)
18.20.050
(4) A boarding home license is required when any person
other than an outside service provider, under RCW
18.20.380, or family member:
(a) Assumes general responsibility for the safety and
well-being of a resident;
(b) Provides assistance with activities of daily living,
either directly or indirectly;
(c) Provides health support services, either directly or
indirectly; or
(d) Provides intermittent nursing services, either directly
or indirectly.
(5) A boarding home license is not required for one or
more of the following services that may be provided to a nonresident individual: (a) Emergency assistance provided on an
intermittent or nonroutine basis to any nonresident individual; (b) systems employed by independent senior housing, or
independent living units in continuing care retirement communities, to respond to the potential need for emergency services for nonresident individuals; (c) infrequent, voluntary,
and nonscheduled blood pressure checks for nonresident
individuals; (d) nurse referral services provided at the request
of a nonresident individual to determine whether referral to
an outside health care provider is recommended; (e) making
health care appointments at the request of nonresident individuals; (f) preadmission assessment, at the request of the
nonresident individual, for the purposes of transitioning to a
licensed care setting; or (g) services customarily provided
under landlord tenant agreements governed by the residential
landlord-tenant act, chapter 59.18 RCW. The preceding services may not include continual care or supervision of a nonresident individual without a boarding home license. [2004 c
142 § 17; 2003 c 231 § 3; 1957 c 253 § 3.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
18.20.040
18.20.040 Application for license. An application for a
license shall be made to the department upon forms provided
by the department and shall contain such information as the
department reasonably requires, which shall include affirmative evidence of ability to comply with such rules as are lawfully adopted by the department. [2000 c 47 § 2; 1957 c 253
§ 4.]
Effective date—2000 c 47: See note following RCW 18.20.020.
18.20.050
18.20.050 Licenses—Issuance—Renewal—Provisional licenses—Fees—Display—Surrender, relinquishment—Change in licensee—Refusal of renewal, when—
Copy of decision. (1) Upon receipt of an application for
license, if the applicant and the boarding home facilities meet
the requirements established under this chapter, the department shall issue a license. If there is a failure to comply with
the provisions of this chapter or the standards and rules
adopted pursuant thereto, the department may in its discretion
issue to an applicant for a license, or for the renewal of a
license, a provisional license which will permit the operation
of the boarding home for a period to be determined by the
department, but not to exceed twelve months, which provisional license shall not be subject to renewal. The department may also place conditions on the license under RCW
[Title 18 RCW—page 37]
18.20.090
Title 18 RCW: Businesses and Professions
18.20.190. At the time of the application for or renewal of a
license or provisional license the licensee shall pay a license
fee as established by the department under RCW 43.20B.110.
All licenses issued under the provisions of this chapter shall
expire on a date to be set by the department, but no license
issued pursuant to this chapter shall exceed twelve months in
duration. However, when the annual license renewal date of
a previously licensed boarding home is set by the department
on a date less than twelve months prior to the expiration date
of a license in effect at the time of reissuance, the license fee
shall be prorated on a monthly basis and a credit be allowed
at the first renewal of a license for any period of one month or
more covered by the previous license. All applications for
renewal of a license shall be made not later than thirty days
prior to the date of expiration of the license. Each license
shall be issued only for the premises and persons named in
the application, and no license shall be transferable or assignable. Licenses shall be posted in a conspicuous place on the
licensed premises.
(2) A licensee who receives notification of the department's initiation of a denial, suspension, nonrenewal, or revocation of a boarding home license may, in lieu of appealing
the department's action, surrender or relinquish the license.
The department shall not issue a new license to or contract
with the licensee, for the purposes of providing care to vulnerable adults or children, for a period of twenty years following the surrendering or relinquishment of the former
license. The licensing record shall indicate that the licensee
relinquished or surrendered the license, without admitting the
violations, after receiving notice of the department's initiation
of a denial, suspension, nonrenewal, or revocation of a
license.
(3) The department shall establish, by rule, the circumstances requiring a change in licensee, which include, but are
not limited to, a change in ownership or control of the boarding home or licensee, a change in the licensee's form of legal
organization, such as from sole proprietorship to partnership
or corporation, and a dissolution or merger of the licensed
entity with another legal organization. The new licensee is
subject to the provisions of this chapter, the rules adopted
under this chapter, and other applicable law. In order to
ensure that the safety of residents is not compromised by a
change in licensee, the new licensee is responsible for correction of all violations that may exist at the time of the new
license.
(4) The department may deny, suspend, modify, revoke,
or refuse to renew a license when the department finds that
the applicant or licensee or any partner, officer, director,
managerial employee, or majority owner of the applicant or
licensee:
(a) Operated a boarding home without a license or under
a revoked or suspended license; or
(b) Knowingly or with reason to know made a false
statement of a material fact (i) in an application for license or
any data attached to the application, or (ii) in any matter
under investigation by the department; or
(c) Refused to allow representatives or agents of the
department to inspect (i) the books, records, and files
required to be maintained, or (ii) any portion of the premises
of the boarding home; or
[Title 18 RCW—page 38]
(d) Willfully prevented, interfered with, or attempted to
impede in any way (i) the work of any authorized representative of the department, or (ii) the lawful enforcement of any
provision of this chapter; or
(e) Has a history of significant noncompliance with federal or state regulations in providing care or services to vulnerable adults or children. In deciding whether to deny, suspend, modify, revoke, or refuse to renew a license under this
section, the factors the department considers shall include the
gravity and frequency of the noncompliance.
(5) The department shall serve upon the applicant a copy
of the decision granting or denying an application for a
license. An applicant shall have the right to contest denial of
his or her application for a license as provided in chapter
34.05 RCW by requesting a hearing in writing within twentyeight days after receipt of the notice of denial. [2004 c 140 §
1; 2003 c 231 § 4; 2001 c 193 § 10; 2000 c 47 § 3; 1987 c 75
§ 3; 1982 c 201 § 4; 1971 ex.s. c 247 § 1; 1957 c 253 § 5.]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
Effective date—2000 c 47: See note following RCW 18.20.020.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
18.20.090
18.20.090 Rules, regulations, and standards. The
department shall adopt, amend, and promulgate such rules,
regulations, and standards with respect to all boarding homes
and operators thereof to be licensed hereunder as may be
designed to further the accomplishment of the purposes of
this chapter in promoting safe and adequate care of individuals in boarding homes and the sanitary, hygienic and safe
conditions of the boarding home in the interest of public
health, safety, and welfare. [1985 c 213 § 6; 1971 ex.s. c 189
§ 3; 1957 c 253 § 9.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.110
18.20.110 Inspection of boarding homes—Approval
of changes or new facilities. The department shall make or
cause to be made, at least every eighteen months with an
annual average of fifteen months, an inspection and investigation of all boarding homes. However, the department may
delay an inspection to twenty-four months if the boarding
home has had three consecutive inspections with no written
notice of violations and has received no written notice of violations resulting from complaint investigation during that
same time period. The department may at anytime make an
unannounced inspection of a licensed home to assure that the
licensee is in compliance with this chapter and the rules
adopted under this chapter. Every inspection shall focus primarily on actual or potential resident outcomes, and may
include an inspection of every part of the premises and an
examination of all records, methods of administration, the
general and special dietary, and the stores and methods of
supply; however, the department shall not have access to
financial records or to other records or reports described in
RCW 18.20.390. Financial records of the boarding home
may be examined when the department has reasonable cause
to believe that a financial obligation related to resident care or
services will not be met, such as a complaint that staff wages
or utility costs have not been paid, or when necessary for the
(2004 Ed.)
Boarding Homes
department to investigate alleged financial exploitation of a
resident. Following such an inspection or inspections, written notice of any violation of this law or the rules adopted
hereunder shall be given to the applicant or licensee and the
department. The department may prescribe by rule that any
licensee or applicant desiring to make specified types of
alterations or additions to its facilities or to construct new
facilities shall, before commencing such alteration, addition,
or new construction, submit plans and specifications therefor
to the agencies responsible for plan reviews for preliminary
inspection and approval or recommendations with respect to
compliance with the rules and standards herein authorized.
[2004 c 144 § 3; 2003 c 280 § 1; 2000 c 47 § 4; 1985 c 213 §
7; 1957 c 253 § 11.]
Finding—Effective date—2004 c 144: See notes following RCW
18.20.390.
Effective date—2000 c 47: See note following RCW 18.20.020.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.115
18.20.115 Quality improvement consultation program—Principles. The department shall, within available
funding for this purpose, develop and make available to
boarding homes a quality improvement consultation program
using the following principles:
(1) The system shall be resident-centered and promote
privacy, independence, dignity, choice, and a home or homelike environment for residents consistent with chapter 70.129
RCW.
(2) The goal of the system is continuous quality
improvement with the focus on resident satisfaction and outcomes for residents. The quality improvement consultation
program shall be offered to boarding homes on a voluntary
basis. Based on requests for the services of the quality
improvement consultation program, the department may
establish a process for prioritizing service availability.
(3) Boarding homes should be supported in their efforts
to improve quality and address problems, as identified by the
licensee, initially through training, consultation, and technical assistance. At a minimum, the department may, within
available funding, at the request of the boarding home, conduct on-site visits and telephone consultations.
(4) To facilitate collaboration and trust between the
boarding homes and the department's quality improvement
consultation program staff, the consultation program staff
shall not simultaneously serve as department licensors, complaint investigators, or participate in any enforcement-related
decisions, within the region in which they perform consultation activities; except such staff may investigate on an emergency basis, complaints anywhere in the state when the complaint indicates high risk to resident health or safety. Any
records or information gained as a result of their work under
the quality improvement consultation program shall not be
disclosed to or shared with nonmanagerial department licensing or complaint investigation staff, unless necessary to carry
out duties described under chapter 74.34 RCW. The emphasis should be on problem prevention. Nothing in this section
shall limit or interfere with the consultant's mandated reporting duties under chapter 74.34 RCW.
(5) The department shall promote the development of a
training system that is practical and relevant to the needs of
(2004 Ed.)
18.20.130
residents and staff. To improve access to training, especially
for rural communities, the training system may include, but is
not limited to, the use of satellite technology distance learning that is coordinated through community colleges or other
appropriate organizations. [2001 c 85 § 1; 1997 c 392 § 213.]
Effective date—2001 c 85: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 85 § 3.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
18.20.125
18.20.125 Inspections—Enforcement remedies—
Screening—Access to vulnerable adults/limitation. (1)
Inspections must be outcome based and responsive to resident complaints and based on a clear set of health, quality of
care, and safety standards that are easily understandable and
have been made available to facilities, residents, and other
interested parties. This includes that when conducting licensing inspections, the department shall interview an appropriate
percentage of residents, family members, and advocates in
addition to interviewing appropriate staff.
(2) Prompt and specific enforcement remedies shall also
be implemented without delay, consistent with RCW
18.20.190, for facilities found to have delivered care or failed
to deliver care resulting in problems that are serious, recurring, or uncorrected, or that create a hazard that is causing or
likely to cause death or serious harm to one or more residents.
These enforcement remedies may also include, when appropriate, reasonable conditions on a license. In the selection of
remedies, the safety, health, and well-being of residents shall
be of paramount importance.
(3) To the extent funding is available, the licensee,
administrator, and their staff should be screened through
background checks in a uniform and timely manner to ensure
that they do not have a criminal history that would disqualify
them from working with vulnerable adults. Employees may
be provisionally hired pending the results of the background
check if they have been given three positive references.
(4) No licensee, administrator, or staff, or prospective
licensee, administrator, or staff, with a stipulated finding of
fact, conclusion of law, and agreed order, or finding of fact,
conclusion of law, or final order issued by a disciplining
authority, a court of law, or entered into the state registry
finding him or her guilty of abuse, neglect, exploitation, or
abandonment of a minor or a vulnerable adult as defined in
chapter 74.34 RCW shall be employed in the care of and have
unsupervised access to vulnerable adults. [2004 c 140 § 4;
2003 c 231 § 5; 2001 c 85 § 2.]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
Effective date—2001 c 85: See note following RCW 18.20.115.
18.20.130
18.20.130 Fire protection—Duties of chief of the
Washington state patrol. Standards for fire protection and
the enforcement thereof, with respect to all boarding homes
to be licensed hereunder, shall be the responsibility of the
chief of the Washington state patrol, through the director of
fire protection, who shall adopt such recognized standards as
may be applicable to boarding homes for the protection of life
[Title 18 RCW—page 39]
18.20.140
Title 18 RCW: Businesses and Professions
against the cause and spread of fire and fire hazards. The
department, upon receipt of an application for a license, shall
submit to the chief of the Washington state patrol, through
the director of fire protection, in writing, a request for an
inspection, giving the applicant's name and the location of the
premises to be licensed. Upon receipt of such a request, the
chief of the Washington state patrol, through the director of
fire protection, or his or her deputy, shall make an inspection
of the boarding home to be licensed, and if it is found that the
premises do not comply with the required safety standards
and fire rules as adopted by the chief of the Washington state
patrol, through the director of fire protection, he or she shall
promptly make a written report to the boarding home and the
department as to the manner and time allowed in which the
premises must qualify for a license and set forth the conditions to be remedied with respect to fire rules. The department, applicant, or licensee shall notify the chief of the
Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or
her, and the chief of the Washington state patrol, through the
director of fire protection, or his or her deputy, shall make a
reinspection of such premises. Whenever the boarding home
to be licensed meets with the approval of the chief of the
Washington state patrol, through the director of fire protection, he or she shall submit to the department a written report
approving same with respect to fire protection before a full
license can be issued. The chief of the Washington state
patrol, through the director of fire protection, shall make or
cause to be made inspections of such homes at least annually.
In cities which have in force a comprehensive building
code, the provisions of which are determined by the chief of
the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the code for
boarding homes adopted by the chief of the Washington state
patrol, through the director of fire protection, the chief of the
fire department, provided the latter is a paid chief of a paid
fire department, shall make the inspection with the chief of
the Washington state patrol, through the director of fire protection, or his or her deputy, and they shall jointly approve
the premises before a full license can be issued. [2000 c 47 §
6; 1995 c 369 § 4; 1986 c 266 § 81; 1957 c 253 § 13.]
nance of a boarding home without a license under this chapter. [1957 c 253 § 15.]
18.20.160
18.20.160 Persons requiring medical or nursing care.
(Effective until September 1, 2004.) No person operating a
boarding home licensed under this chapter shall admit to or
retain in the boarding home any aged person requiring nursing or medical care of a type provided by institutions licensed
under chapters 18.51, 70.41 or 71.12 RCW, except that when
registered nurses are available, and upon a doctor's order that
a supervised medication service is needed, it may be provided. Supervised medication services, as defined by the
department, may include an approved program of self-medication or self-directed medication. Such medication service
shall be provided only to boarders who otherwise meet all
requirements for residency in a boarding home. [1985 c 297
§ 2; 1975 1st ex.s. c 43 § 1; 1957 c 253 § 16.]
18.20.160
18.20.160 Persons requiring medical or nursing care.
(Effective September 1, 2004.) No person operating a boarding home licensed under this chapter shall admit to or retain
in the boarding home any aged person requiring nursing or
medical care of a type provided by institutions licensed under
chapters 18.51, 70.41 or 71.12 RCW, except that when registered nurses are available, and upon a doctor's order that a
supervised medication service is needed, it may be provided.
Supervised medication services, as defined by the department
and consistent with chapters 69.41 and 18.79 RCW, may
include an approved program of self-medication or selfdirected medication. Such medication service shall be provided only to residents who otherwise meet all requirements
for residency in a boarding home. No boarding home shall
admit or retain a person who requires the frequent presence
and frequent evaluation of a registered nurse, excluding persons who are receiving hospice care or persons who have a
short-term illness that is expected to be resolved within fourteen days. [2004 c 142 § 12; 1985 c 297 § 2; 1975 1st ex.s. c
43 § 1; 1957 c 253 § 16.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.170
Effective date—2000 c 47: See note following RCW 18.20.020.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
18.20.140
18.20.140 Operating without license—Penalty. Any
person operating or maintaining any boarding home without
a license under this chapter shall be guilty of a misdemeanor
and each day of a continuing violation shall be considered a
separate offense. [1957 c 253 § 14.]
18.20.150
18.20.150 Operating without license—Injunction.
Notwithstanding the existence or use of any other remedy,
the department, may, in the manner provided by law, upon
the advice of the attorney general who shall represent the
department in the proceedings, maintain an action in the
name of the state for an injunction or other process against
any person to restrain or prevent the operation or mainte[Title 18 RCW—page 40]
18.20.170 Homes operated by religious organizations. Nothing in this chapter or the rules and regulations
adopted pursuant thereto shall be construed as authorizing the
supervision, regulation, or control of the remedial care or
treatment of residents in any boarding home conducted for
those who rely upon treatment by prayer or spiritual means in
accordance with the creed or tenets of any well-recognized
church or religious denomination. [1957 c 253 § 17.]
18.20.180
18.20.180 Resident rights. RCW 70.129.005 through
70.129.030, 70.129.040(1), and 70.129.050 through
70.129.170 apply to this chapter and persons regulated under
this chapter. [1994 c 214 § 21.]
Severability—Conflict with federal requirements—Captions not
law—1994 c 214: See RCW 70.129.900 through 70.129.902.
18.20.185
18.20.185 Complaints—Toll-free telephone number—Investigation and referral—Rules—Retaliation
prohibited. (1) The department shall establish and maintain
(2004 Ed.)
Boarding Homes
a toll-free telephone number for receiving complaints regarding a facility that the department licenses.
(2) All facilities that are licensed under this chapter shall
post in a place and manner clearly visible to residents and visitors the department's toll-free complaint telephone number
and the toll-free number and program description of the longterm care ombudsman as provided by RCW 43.190.050.
(3) The department shall investigate complaints if the
subject of the complaint is within its authority unless the
department determines that: (a) The complaint is intended to
willfully harass a licensee or employee of the licensee; or (b)
there is no reasonable basis for investigation; or (c) corrective
action has been taken as determined by the ombudsman or the
department.
(4) The department shall refer complaints to appropriate
state agencies, law enforcement agencies, the attorney general, the long-term care ombudsman, or other entities if the
department lacks authority to investigate or if its investigation reveals that a follow-up referral to one or more of these
entities is appropriate.
(5) The department shall adopt rules that include the following complaint investigation protocols:
(a) Upon receipt of a complaint, the department shall
make a preliminary review of the complaint, assess the severity of the complaint, and assign an appropriate response time.
Complaints involving imminent danger to the health, safety,
or well-being of a resident must be responded to within two
days. When appropriate, the department shall make an on-site
investigation within a reasonable time after receipt of the
complaint or otherwise ensure that complaints are responded
to.
(b) The complainant must be: Promptly contacted by the
department, unless anonymous or unavailable despite several
attempts by the department, and informed of the right to discuss alleged violations with the inspector and to provide
other information the complainant believes will assist the
inspector; informed of the department's course of action; and
informed of the right to receive a written copy of the investigation report.
(c) In conducting the investigation, the department shall
interview the complainant, unless anonymous, and shall use
its best efforts to interview the resident or residents allegedly
harmed by the violations, and, in addition to facility staff, any
available independent sources of relevant information,
including if appropriate the family members of the resident.
(d) Substantiated complaints involving harm to a resident, if an applicable law or regulation has been violated,
shall be subject to one or more of the actions provided in
RCW 18.20.190. Whenever appropriate, the department shall
also give consultation and technical assistance to the facility.
(e) After a department finding of a violation for which a
stop placement has been imposed, the department shall make
an on-site revisit of the provider within fifteen working days
from the request for revisit, to ensure correction of the violation. For violations that are serious or recurring or uncorrected following a previous citation, and create actual or
threatened harm to one or more residents' well-being, including violations of residents' rights, the department shall make
an on-site revisit as soon as appropriate to ensure correction
of the violation. Verification of correction of all other violations may be made by either a department on-site revisit or by
(2004 Ed.)
18.20.185
written or photographic documentation found by the department to be credible. This subsection does not prevent the
department from enforcing license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department's authority and duty to ensure that the provider adequately cares for residents, including to make
departmental on-site revisits as needed to ensure that the provider protects residents, and to enforce compliance with this
chapter.
(f) Substantiated complaints of neglect, abuse, exploitation, or abandonment of residents, or suspected criminal violations, shall also be referred by the department to the appropriate law enforcement agencies, the attorney general, and
appropriate professional disciplining authority.
(6) The department may provide the substance of the
complaint to the licensee before the completion of the investigation by the department unless such disclosure would
reveal the identity of a complainant, witness, or resident who
chooses to remain anonymous. Neither the substance of the
complaint provided to the licensee or contractor nor any copy
of the complaint or related report published, released, or
made otherwise available shall disclose, or reasonably lead to
the disclosure of, the name, title, or identity of any complainant, or other person mentioned in the complaint, except that
the name of the provider and the name or names of any
officer, employee, or agent of the department conducting the
investigation shall be disclosed after the investigation has
been closed and the complaint has been substantiated. The
department may disclose the identity of the complainant if
such disclosure is requested in writing by the complainant.
Nothing in this subsection shall be construed to interfere with
the obligation of the long-term care ombudsman program to
monitor the department's licensing, contract, and complaint
investigation files for long-term care facilities.
(7) The resident has the right to be free of interference,
coercion, discrimination, and reprisal from a facility in exercising his or her rights, including the right to voice grievances
about treatment furnished or not furnished. A facility licensed
under this chapter shall not discriminate or retaliate in any
manner against a resident, employee, or any other person on
the basis or for the reason that such resident or any other person made a complaint to the department, the attorney general,
law enforcement agencies, or the long-term care ombudsman,
provided information, or otherwise cooperated with the
investigation of such a complaint. Any attempt to discharge a
resident against the resident's wishes, or any type of retaliatory treatment of a resident by whom or upon whose behalf a
complaint substantiated by the department has been made to
the department, the attorney general, law enforcement agencies, or the long-term care ombudsman, within one year of
the filing of the complaint, raises a rebuttable presumption
that such action was in retaliation for the filing of the complaint. "Retaliatory treatment" means, but is not limited to,
monitoring a resident's phone, mail, or visits; involuntary
seclusion or isolation; transferring a resident to a different
room unless requested or based upon legitimate management
reasons; withholding or threatening to withhold food or treatment unless authorized by a terminally ill resident or his or
her representative pursuant to law; or persistently delaying
responses to a resident's request for service or assistance. A
facility licensed under this chapter shall not willfully inter[Title 18 RCW—page 41]
18.20.190
Title 18 RCW: Businesses and Professions
fere with the performance of official duties by a long-term
care ombudsman. The department shall sanction and may
impose a civil penalty of not more than three thousand dollars
for a violation of this subsection. [2001 c 193 § 2; 1997 c 392
§ 214.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
18.20.190
18.20.190 Department response to noncompliance or
violations. (1) The department of social and health services
is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department
finds that a boarding home provider has:
(a) Failed or refused to comply with the requirements of
this chapter or the rules adopted under this chapter;
(b) Operated a boarding home without a license or under
a revoked license;
(c) Knowingly, or with reason to know, made a false
statement of material fact on his or her application for license
or any data attached thereto, or in any matter under investigation by the department; or
(d) Willfully prevented or interfered with any inspection
or investigation by the department.
(2) When authorized by subsection (1) of this section, the
department may take one or more of the following actions:
(a) Refuse to issue a license;
(b) Impose reasonable conditions on a license, such as
correction within a specified time, training, and limits on the
type of clients the provider may admit or serve;
(c) Impose civil penalties of not more than one hundred
dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a license;
(e) Suspend admissions to the boarding home by imposing stop placement; or
(f) Suspend admission of a specific category or categories of residents as related to the violation by imposing a limited stop placement.
(3) When the department orders stop placement or a limited stop placement, the facility shall not admit any new resident until the stop placement or limited stop placement order
is terminated. The department may approve readmission of a
resident to the facility from a hospital or nursing home during
the stop placement or limited stop placement. The department shall terminate the stop placement or limited stop placement when: (a) The violations necessitating the stop placement or limited stop placement have been corrected; and (b)
the provider exhibits the capacity to maintain correction of
the violations previously found deficient. However, if upon
the revisit the department finds new violations that the
department reasonably believes will result in a new stop
placement or new limited stop placement, the previous stop
placement or limited stop placement shall remain in effect
until the new stop placement or new limited stop placement is
imposed.
(4) After a department finding of a violation for which a
stop placement or limited stop placement has been imposed,
the department shall make an on-site revisit of the provider
within fifteen working days from the request for revisit, to
ensure correction of the violation. For violations that are
serious or recurring or uncorrected following a previous cita[Title 18 RCW—page 42]
tion, and create actual or threatened harm to one or more residents' well-being, including violations of residents' rights,
the department shall make an on-site revisit as soon as appropriate to ensure correction of the violation. Verification of
correction of all other violations may be made by either a
department on-site revisit or by written or photographic documentation found by the department to be credible. This subsection does not prevent the department from enforcing
license suspensions or revocations. Nothing in this subsection shall interfere with or diminish the department's authority and duty to ensure that the provider adequately cares for
residents, including to make departmental on-site revisits as
needed to ensure that the provider protects residents, and to
enforce compliance with this chapter.
(5) RCW 43.20A.205 governs notice of a license denial,
revocation, suspension, or modification. Chapter 34.05
RCW applies to department actions under this section, except
that orders of the department imposing license suspension,
stop placement, limited stop placement, or conditions for
continuation of a license are effective immediately upon
notice and shall continue pending any hearing.
(6) For the purposes of this section, "limited stop placement" means the ability to suspend admission of a specific
category or categories of residents. [2003 c 231 § 6; 2001 c
193 § 4; 2000 c 47 § 7; 1998 c 272 § 15; 1995 1st sp.s. c 18 §
18.]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
Effective date—2000 c 47: See note following RCW 18.20.020.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.20.195
18.20.195 Disputed violations, enforcement remedies—Informal dispute resolution process. (1) The licensee or its designee has the right to an informal dispute resolution process to dispute any violation found or enforcement
remedy imposed by the department during a licensing inspection or complaint investigation. The purpose of the informal
dispute resolution process is to provide an opportunity for an
exchange of information that may lead to the modification,
deletion, or removal of a violation, or parts of a violation, or
enforcement remedy imposed by the department.
(2) The informal dispute resolution process provided by
the department shall include, but is not necessarily limited to,
an opportunity for review by a department employee who did
not participate in, or oversee, the determination of the violation or enforcement remedy under dispute. The department
shall develop, or further develop, an informal dispute resolution process consistent with this section.
(3) A request for an informal dispute resolution shall be
made to the department within ten working days from the
receipt of a written finding of a violation or enforcement remedy. The request shall identify the violation or violations and
enforcement remedy or remedies being disputed. The department shall convene a meeting, when possible, within ten
working days of receipt of the request for informal dispute
resolution, unless by mutual agreement a later date is agreed
upon.
(2004 Ed.)
Boarding Homes
(4) If the department determines that a violation or
enforcement remedy should not be cited or imposed, the
department shall delete the violation or immediately rescind
or modify the enforcement remedy. If the department determines that a violation should have been cited or an enforcement remedy imposed, the department shall add the citation
or enforcement remedy. Upon request, the department shall
issue a clean copy of the revised report, statement of deficiencies, or notice of enforcement action.
(5) The request for informal dispute resolution does not
delay the effective date of any enforcement remedy imposed
by the department, except that civil monetary fines are not
payable until the exhaustion of any formal hearing and appeal
rights provided under this chapter. The licensee shall submit
to the department, within the time period prescribed by the
department, a plan of correction to address any undisputed
violations, and including any violations that still remain following the informal dispute resolution. [2004 c 140 § 5; 2001
c 193 § 7.]
18.20.200
18.20.200 License suspension—Nonpayment or
default on educational loan or scholarship. The secretary
shall suspend the license of any person who has been certified
by a lending agency and reported to the secretary for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a
brief adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the secretary a written release
issued by the lending agency stating that the person is making
payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the secretary
may impose. [1996 c 293 § 6.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.20.210
18.20.210 License suspension—Noncompliance with
support order—Reissuance. The department shall immediately suspend the license of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance with
a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license
shall be automatic upon the department's receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 816.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
(2004 Ed.)
18.20.230
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.20.220
18.20.220 Residential care contracted services, conversion to—Requirements. For the purpose of encouraging
a nursing home licensed under chapter 18.51 RCW to convert
a portion or all of its licensed bed capacity to provide
enhanced adult residential care contracted services under
chapter 74.39A RCW, the department shall:
(1) Find the nursing home to be in satisfactory compliance with RCW 18.20.110 and 18.20.130, upon application
for boarding home licensure and the production of copies of
its most recent nursing home inspection reports demonstrating compliance with the safety standards and fire regulations,
as required by RCW 18.51.140, and the state building code,
as required by RCW 18.51.145, including any waivers that
may have been granted. However, boarding home licensure
requirements pertaining to resident to bathing fixture/toilet
ratio, corridor call system, resident room door closures, and
resident room windows may require modification, unless
determined to be functionally equivalent, based upon a prelicensure survey inspection.
(2) Allow residents receiving enhanced adult residential
care services to make arrangements for on-site health care
services, consistent with Title 18 RCW regulating health care
professions, to the extent that such services can be provided
while maintaining the resident's right to privacy and safety in
treatment, but this in no way means that such services may
only be provided in a private room. The provision of on-site
health care services must otherwise be consistent with RCW
18.20.160 and the rules adopted under RCW 18.20.160.
[1997 c 164 § 1.]
18.20.230
18.20.230 Training standards review—Proposed
enhancements. (1) The department of social and health services shall review, in coordination with the department of
health, the nursing care quality assurance commission, adult
family home providers, boarding home providers, in-home
personal care providers, and long-term care consumers and
advocates, training standards for administrators and resident
caregiving staff. Any proposed enhancements shall be consistent with this section, shall take into account and not duplicate other training requirements applicable to boarding
homes and staff, and shall be developed with the input of
boarding home and resident representatives, health care professionals, and other vested interest groups. Training standards and the delivery system shall be relevant to the needs of
residents served by the boarding home and recipients of longterm in-home personal care services and shall be sufficient to
ensure that administrators and caregiving staff have the skills
and knowledge necessary to provide high quality, appropriate
care.
(2) The recommendations on training standards and the
delivery system developed under subsection (1) of this section shall be based on a review and consideration of the following: Quality of care; availability of training; affordability, including the training costs incurred by the department of
social and health services and private providers; portability of
existing training requirements; competency testing; practical
[Title 18 RCW—page 43]
18.20.250
Title 18 RCW: Businesses and Professions
and clinical course work; methods of delivery of training;
standards for management and caregiving staff training; and
necessary enhancements for special needs populations and
resident rights training. Residents with special needs include,
but are not limited to, residents with a diagnosis of mental illness, dementia, or developmental disability. [1999 c 372 § 3;
1998 c 272 § 2.]
Findings—1998 c 272: "The legislature finds that many residents of
long-term care facilities and recipients of in-home personal care services are
exceptionally vulnerable and their health and well-being are heavily dependent on their caregivers. The legislature further finds that the quality of staff
in long-term care facilities is often the key to good care. The need for welltrained staff and well-managed facilities is growing as the state's population
ages and the acuity of the health care problems of residents increases. In
order to better protect and care for residents, the legislature directs that the
minimum training standards be reviewed for management and caregiving
staff, including those serving residents with special needs, such as mental illness, dementia, or a developmental disability, that management and caregiving staff receive appropriate training, and that the training delivery system be
improved." [1998 c 272 § 1.]
Severability—1998 c 272: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 272 § 25.]
Effective date—1998 c 272: "Except for section 5 of this act, this act is
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately [April 1, 1998]." [1998 c 272 § 26.]
18.20.250
18.20.250 Federal funding programs, opportunities—Secretary's duty to comply. The secretary may adopt
rules and policies as necessary to entitle the state to participate in federal funding programs and opportunities and to
facilitate state and federal cooperation in programs under the
department's jurisdiction. The secretary shall ensure that any
internal reorganization carried out under the terms of this
chapter complies with prerequisites for the receipt of federal
funding for the various programs under the department's control. When interpreting any department-related section or
provision of law susceptible to more than one interpretation,
the secretary shall construe that section or provision in the
manner most likely to comply with federal laws and rules
entitling the state to receive federal funds for the various programs of the department. If any law or rule dealing with the
department is ruled to be in conflict with federal prerequisites
to the allocation of federal funding to the state, the department, or its agencies, the secretary shall declare that law or
rule inoperative solely to the extent of the conflict. [1998 c
272 § 16.]
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
18.20.260
18.20.260 Advisory board. (1) In an effort to ensure a
cooperative process among the department, boarding home
provider representatives, and resident and family representatives on matters pertaining to the boarding home program, the
secretary, or his or her designee, shall designate an advisory
board. The advisory board must include representatives of the
statewide boarding home associations, the state long-term
care ombudsman program, the statewide resident council
program, consumers, and family representatives. Depending
on the topic to be discussed, the department may invite other
representatives in addition to the named members of the advisory board. The secretary, or his or her designee, shall period[Title 18 RCW—page 44]
ically, but not less than quarterly, convene a meeting of the
advisory board to encourage open dialogue on matters affecting the boarding home program. It is, minimally, expected
that the department will discuss with the advisory board the
department's inspection, enforcement, and quality improvement activities, in addition to seeking their comments and
recommendations on matters described under subsection (2)
of this section.
(2) The secretary, or his or her designee, shall seek comments and recommendations from the advisory board prior to
the adoption of rules and standards, implementation of boarding home provider programs, or development of methods and
rates of payment.
(3) For the purpose of implementing this section,
"department" means either the department of health or the
department of social and health services, depending on which
department has the licensing authority under this chapter.
[2000 c 47 § 8.]
Effective date—2000 c 47: See note following RCW 18.20.020.
18.20.270
18.20.270 Long-term caregiver training. (1) The definitions in this subsection apply throughout this section
unless the context clearly requires otherwise.
(a) "Caregiver" includes any person who provides residents with hands-on personal care on behalf of a boarding
home, except volunteers who are directly supervised.
(b) "Direct supervision" means oversight by a person
who has demonstrated competency in the core areas or has
been fully exempted from the training requirements pursuant
to this section, is on the premises, and is quickly and easily
available to the caregiver.
(2) Training must have the following components: Orientation, basic training, specialty training as appropriate, and
continuing education. All boarding home employees or volunteers who routinely interact with residents shall complete
orientation. Boarding home administrators, or their designees, and caregivers shall complete orientation, basic training, specialty training as appropriate, and continuing education.
(3) Orientation consists of introductory information on
residents' rights, communication skills, fire and life safety,
and universal precautions. Orientation must be provided at
the facility by appropriate boarding home staff to all boarding
home employees before the employees have routine interaction with residents.
(4) Basic training consists of modules on the core knowledge and skills that caregivers need to learn and understand to
effectively and safely provide care to residents. Basic training
must be outcome-based, and the effectiveness of the basic
training must be measured by demonstrated competency in
the core areas through the use of a competency test. Basic
training must be completed by caregivers within one hundred
twenty days of the date on which they begin to provide
hands-on care or within one hundred twenty days of September 1, 2002, whichever is later. Until competency in the core
areas has been demonstrated, caregivers shall not provide
hands-on personal care to residents without direct supervision. Boarding home administrators, or their designees, must
complete basic training and demonstrate competency within
(2004 Ed.)
Boarding Homes
one hundred twenty days of employment or within one hundred twenty days of September 1, 2002, whichever is later.
(5) For boarding homes that serve residents with special
needs such as dementia, developmental disabilities, or mental
illness, specialty training is required of administrators, or
designees, and caregivers. Specialty training consists of modules on the core knowledge and skills that caregivers need to
effectively and safely provide care to residents with special
needs. Specialty training should be integrated into basic training wherever appropriate. Specialty training must be outcome-based, and the effectiveness of the specialty training
measured by demonstrated competency in the core specialty
areas through the use of a competency test. Specialty training
must be completed by caregivers within one hundred twenty
days of the date on which they begin to provide hands-on care
to a resident having special needs or within one hundred
twenty days of September 1, 2002, whichever is later. However, if specialty training is not integrated with basic training,
the specialty training must be completed within ninety days
of completion of basic training. Until competency in the core
specialty areas has been demonstrated, caregivers shall not
provide hands-on personal care to residents with special
needs without direct supervision. Boarding home administrators, or their designees, must complete specialty training and
demonstrate competency within one hundred twenty days of
September 1, 2002, or one hundred twenty days from the date
on which the administrator or his or her designee is hired,
whichever is later, if the boarding home serves one or more
residents with special needs.
(6) Continuing education consists of ongoing delivery of
information to caregivers on various topics relevant to the
care setting and care needs of residents. Competency testing
is not required for continuing education. Continuing education is not required in the same calendar year in which basic
or modified basic training is successfully completed. Continuing education is required in each calendar year thereafter.
If specialty training is completed, the specialty training
applies toward any continuing education requirement for up
to two years following the completion of the specialty training.
(7) Persons who successfully challenge the competency
test for basic training are fully exempt from the basic training
requirements of this section. Persons who successfully challenge the specialty training competency test are fully exempt
from the specialty training requirements of this section.
(8) Licensed persons who perform the tasks for which
they are licensed are fully or partially exempt from the training requirements of this section, as specified by the department in rule.
(9) In an effort to improve access to training and education and reduce costs, especially for rural communities, the
coordinated system of long-term care training and education
must include the use of innovative types of learning strategies
such as internet resources, videotapes, and distance learning
using satellite technology coordinated through community
colleges or other entities, as defined by the department.
(10) The department shall develop criteria for the
approval of orientation, basic training, and specialty training
programs.
(11) Boarding homes that desire to deliver facility-based
training with facility designated trainers, or boarding homes
(2004 Ed.)
18.20.290
that desire to pool their resources to create shared training
systems, must be encouraged by the department in their
efforts. The department shall develop criteria for reviewing
and approving trainers and training materials that are substantially similar to or better than the materials developed by
the department. The department may approve a curriculum
based upon attestation by a boarding home administrator that
the boarding home's training curriculum addresses basic and
specialty training competencies identified by the department,
and shall review a curriculum to verify that it meets these
requirements. The department may conduct the review as part
of the next regularly scheduled yearly inspection and investigation required under RCW 18.20.110. The department shall
rescind approval of any curriculum if it determines that the
curriculum does not meet these requirements.
(12) The department shall adopt rules by September 1,
2002, for the implementation of this section.
(13) The orientation, basic training, specialty training,
and continuing education requirements of this section commence September 1, 2002, or one hundred twenty days from
the date of employment, whichever is later, and shall be
applied to (a) employees hired subsequent to September 1,
2002; and (b) existing employees that on September 1, 2002,
have not successfully completed the training requirements
under RCW 74.39A.010 or 74.39A.020 and this section.
Existing employees who have not successfully completed the
tr a in i n g r e q u i r e m e n ts u n d e r R C W 7 4 . 3 9 A . 0 1 0 o r
74.39A.020 shall be subject to all applicable requirements of
this section. However, prior to September 1, 2002, nothing in
this section affects the current training requirements under
RCW 74.39A.010. [2002 c 233 § 1; 2000 c 121 § 2.]
Effective date—2002 c 233: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 233 § 5.]
18.20.280
18.20.280 General responsibility for each resident.
(1) The boarding home must assume general responsibility
for each resident and must promote each resident's health,
safety, and well-being consistent with the resident negotiated
care plan.
(2) The boarding home is not required to supervise the
activities of a person providing care or services to a resident
when the resident, or legal representative, has independently
arranged for or contracted with the person and the person is
not directly or indirectly controlled or paid by the boarding
home. However, the boarding home is required to coordinate
services with such person to the extent allowed by the resident, or legal representative, and consistent with the resident's negotiated care plan. Further, the boarding home is
required to observe the resident and respond appropriately to
any changes in the resident's overall functioning consistent
with chapter 70.129 RCW, this chapter, and rules adopted
under this chapter. [2003 c 231 § 7.]
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
18.20.290
18.20.290 Holding a medicaid eligible resident's
room or unit—Payment rates—Report to the legislature.
(Expires June 30, 2006.) (1) When a boarding home contracts with the department to provide adult residential care
[Title 18 RCW—page 45]
18.20.300
Title 18 RCW: Businesses and Professions
services, enhanced adult residential care services, or assisted
living services under chapter 74.39A RCW, the boarding
home must hold a medicaid eligible resident's room or unit
when short-term care is needed in a nursing home or hospital,
the resident is likely to return to the boarding home, and payment is made under subsection (2) of this section.
(2) The medicaid resident's bed or unit shall be held for
up to twenty days. The per day bed or unit hold compensation amount shall be seventy percent of the daily rate paid for
the first seven days the bed or unit is held for the resident who
needs short-term nursing home care or hospitalization. The
rate for the eighth through the twentieth day a bed is held
shall be established in rule, but shall be no lower than ten dollars per day the bed or unit is held.
(3) The boarding home may seek third-party payment to
hold a bed or unit for twenty-one days or longer. The thirdparty payment shall not exceed the medicaid daily rate paid to
the facility for the resident. If third-party payment is not
available, the medicaid resident may return to the first available and appropriate bed or unit, if the resident continues to
meet the admission criteria under this chapter.
(4) The department shall monitor the use and impact of
the policy established under this section and shall report its
findings to the appropriate committees of the senate and
house of representatives by December 31, 2005.
(5) This section expires June 30, 2006. [2004 c 142 § 13;
2003 c 231 § 11.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
Findings—Effective date—2003 c 231: See notes following RCW
18.20.020.
effective date of the decrease. Notice shall be provided to the
affected residents, the residents' legal representative if any,
and if not, the residents' representative if any.
(c) If the boarding home licensee increases the scope of
services that it chooses to provide, the licensee shall promptly
provide written notice to the residents, the residents' legal
representative if any, and if not, the residents' representative
if any, and shall indicate the date on which the increase in the
scope of care or services is effective.
(4) When the care needs of a resident exceed the disclosed scope of care or services that a boarding home licensee
provides, the licensee may exceed the care or services disclosed consistent with RCW 70.129.030(3) and
70.129.110(3)(a). Providing care or services to a resident
that exceed the care and services disclosed may or may not
mean that the provider is capable of or required to provide the
same care or services to other residents.
(5) Even though the boarding home licensee may disclose that it can provide certain care or services to resident
applicants or to their legal representative if any, and if not, to
the resident applicants' representative if any, the licensee may
deny admission to a resident applicant when the licensee
determines that the needs of the resident applicant cannot be
met, as long as the provider operates in compliance with state
and federal law, including RCW 70.129.030(3).
(6) The disclosure form is intended to assist consumers
in selecting boarding home services and, therefore, shall not
be construed as an implied or express contract between the
boarding home licensee and the resident. [2004 c 142 § 2.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.300
18.20.300 Domiciliary care services—Scope of services—Disclosure form. (Effective September 1, 2004.) (1)
A boarding home, licensed under this chapter, may provide
domiciliary care services, as defined in this chapter, and shall
disclose the scope of care and services that it chooses to provide.
(2) The boarding home licensee shall disclose to the residents, the residents' legal representative if any, and if not, the
residents' representative if any, and to interested consumers
upon request, the scope of care and services offered, using the
form developed and provided by the department, in addition
to any supplemental information that may be provided by the
licensee. The form that the department develops shall be
standardized, reasonable in length, and easy to read. The
boarding home's disclosure statement shall indicate the scope
of domiciliary care assistance provided and shall indicate that
it permits the resident or the resident's legal representative to
independently arrange for outside services under RCW
18.20.380.
(3)(a) If the boarding home licensee decreases the scope
of services that it provides due to circumstances beyond the
licensee's control, the licensee shall provide a minimum of
thirty days' written notice to the residents, the residents' legal
representative if any, and if not, the residents' representative
if any, before the effective date of the decrease in the scope of
care or services provided.
(b) If the licensee voluntarily decreases the scope of services, and any such decrease in the scope of services provided will result in the discharge of one or more residents,
then ninety days' written notice shall be provided prior to the
[Title 18 RCW—page 46]
18.20.310
18.20.310 Assistance with activities of daily living.
(Effective September 1, 2004.) (1) Boarding homes are not
required to provide assistance with one or more activities of
daily living.
(2) If a boarding home licensee chooses to provide assistance with activities of daily living, the licensee shall provide
at least the minimal level of assistance for all activities of
daily living consistent with subsection (3) of this section and
consistent with the reasonable accommodation requirements
in state or federal laws. Activities of daily living are limited
to and include the following:
(a) Bathing;
(b) Dressing;
(c) Eating;
(d) Personal hygiene;
(e) Transferring;
(f) Toileting; and
(g) Ambulation and mobility.
(3) The department shall, in rule, define the minimum
level of assistance that will be provided for all activities of
daily living, however, such rules shall not require more than
occasional stand-by assistance or more than occasional physical assistance.
(4) The licensee shall clarify, through the disclosure
form, the assistance with activities of daily living that may be
provided, and any limitations or conditions that may apply.
The licensee shall also clarify through the disclosure form
any additional services that may be provided.
(2004 Ed.)
Boarding Homes
(5) In providing assistance with activities of daily living,
the boarding home shall observe the resident for changes in
overall functioning and respond appropriately when there are
observable or reported changes in the resident's physical,
mental, or emotional functioning. [2004 c 142 § 3.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.320
18.20.320 Health support services. (Effective September 1, 2004.) (1) The boarding home licensee may choose to
provide any of the following health support services, however, the facility may or may not need to provide additional
health support services to comply with the reasonable accommodation requirements in federal or state law:
(a) Blood glucose testing;
(b) Puree diets;
(c) Calorie controlled diabetic diets;
(d) Dementia care;
(e) Mental health care; and
(f) Developmental disabilities care.
(2) The licensee shall clarify on the disclosure form any
limitations, additional services, or conditions that may apply.
(3) In providing health support services, the boarding
home shall observe the resident for changes in overall functioning and respond appropriately when there are observable
or reported changes in the resident's physical, mental, or
emotional functioning. [2004 c 142 § 4.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.330
18.20.330 Intermittent nursing services. (Effective
September 1, 2004.) (1) Boarding homes are not required to
provide intermittent nursing services. The boarding home
licensee may choose to provide any of the following intermittent nursing services through appropriately licensed and credentialed staff, however, the facility may or may not need to
provide additional intermittent nursing services to comply
with the reasonable accommodation requirements in federal
or state law:
(a) Medication administration;
(b) Administration of health care treatments;
(c) Diabetic management;
(d) Nonroutine ostomy care;
(e) Tube feeding; and
(f) Nurse delegation consistent with chapter 18.79 RCW.
(2) The licensee shall clarify on the disclosure form any
limitations, additional services, or conditions that may apply
under this section.
(3) In providing intermittent nursing services, the boarding home shall observe the resident for changes in overall
functioning and respond appropriately when there are observable or reported changes in the resident's physical, mental, or
emotional functioning.
(4) The boarding home may provide intermittent nursing
services to the extent permitted by RCW 18.20.160. [2004 c
142 § 5.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.350
resident's family member to administer medications or treatments or to provide medication or treatment assistance to the
resident. The licensee shall disclose to the department, residents, the residents' legal representative if any, and if not, the
residents' representative if any, and to interested consumers
upon request, information describing whether the licensee
permits such family administration or assistance and, if so,
the extent of limitations or conditions thereof.
(2) If a boarding home licensee permits a resident's family member to administer medications or treatments or to provide medication or treatment assistance, the licensee shall
request that the family member submit to the licensee a written medication or treatment plan. At a minimum, the written
medication or treatment plan shall identify:
(a) By name, the family member who will administer the
medication or treatment or provide assistance therewith;
(b) The medication or treatment administration or assistance that the family member will provide consistent with
subsection (1) of this section. This will be referred to as the
primary plan;
(c) An alternate plan that will meet the resident's medication or treatment needs if the family member is unable to fulfill his or her duties as specified in the primary plan; and
(d) An emergency contact person and telephone number
if the boarding home licensee observes changes in the resident's overall functioning or condition that may relate to the
medication or treatment plan.
(3) The boarding home licensee may require that the primary or alternate medication or treatment plan include other
information in addition to that specified in subsection (2) of
this section.
(4) The medication or treatment plan shall be signed and
dated by:
(a) The resident, if able;
(b) The resident's legal representative, if any, and, if not,
the resident's representative, if any;
(c) The resident's family member; and
(d) The boarding home licensee.
(5) The boarding home may through policy or procedure
require the resident's family member to immediately notify
the boarding home licensee of any change in the primary or
alternate medication or treatment plan.
(6) When a boarding home licensee permits residents'
family members to assist with or administer medications or
treatments, the licensee's duty of care, and any negligence
that may be attributed thereto, shall be limited to: Observation of the resident for changes in overall functioning consistent with RCW 18.20.280; notification to the person or persons identified in RCW 70.129.030 when there are observed
changes in the resident's overall functioning or condition, or
when the boarding home is aware that both the primary and
alternate plan are not implemented; and appropriately
responding to obtain needed assistance when there are
observable or reported changes in the resident's physical or
mental functioning. [2004 c 142 § 6.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.340
18.20.340 Resident's family member administers
medications or treatment—Written primary or alternate
plan—Licensee's duty of care/negligence. (Effective September 1, 2004.) (1) A boarding home licensee may permit a
(2004 Ed.)
18.20.350
18.20.350 Preadmission assessment—Initial resident
service plan. (Effective September 1, 2004.) (1) The boarding home licensee shall conduct a preadmission assessment
[Title 18 RCW—page 47]
18.20.360
Title 18 RCW: Businesses and Professions
for each resident applicant. The preadmission assessment
shall include the following information, unless unavailable
despite the best efforts of the licensee:
(a) Medical history;
(b) Necessary and contraindicated medications;
(c) A licensed medical or health professional's diagnosis,
unless the individual objects for religious reasons;
(d) Significant known behaviors or symptoms that may
cause concern or require special care;
(e) Mental illness diagnosis, except where protected by
confidentiality laws;
(f) Level of personal care needs;
(g) Activities and service preferences; and
(h) Preferences regarding other issues important to the
resident applicant, such as food and daily routine.
(2) The boarding home licensee shall complete the
preadmission assessment before admission unless there is an
emergency. If there is an emergency admission, the preadmission assessment shall be completed within five days of
the date of admission. For purposes of this section, "emergency" includes, but is not limited to: Evening, weekend, or
Friday afternoon admissions if the resident applicant would
otherwise need to remain in an unsafe setting or be without
adequate and safe housing.
(3) The boarding home licensee shall complete an initial
resident service plan upon move-in to identify the resident's
immediate needs and to provide direction to staff and caregivers relating to the resident's immediate needs. The initial
resident service plan shall include as much information as
can be obtained, under subsection (1) of this section. [2004 c
142 § 7.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.360
18.20.360 Full reassessment of resident. (Effective
September 1, 2004.) (1) The boarding home licensee shall
within fourteen days of the resident's date of move-in, unless
extended by the department for good cause, and thereafter at
least annually, complete a full reassessment addressing the
following:
(a) The individual's recent medical history, including,
but not limited to: A health professional's diagnosis, unless
the resident objects for religious reasons; chronic, current,
and potential skin conditions; known allergies to foods or
medications; or other considerations for providing care or
services;
(b) Current necessary and contraindicated medications
and treatments for the individual, including:
(i) Any prescribed medications and over-the-counter
medications that are commonly taken by the individual, and
that the individual is able to independently self-administer or
safely and accurately direct others to administer to him or
her;
(ii) Any prescribed medications and over-the-counter
medications that are commonly taken by the individual and
that the individual is able to self-administer when he or she
has the assistance of a resident-care staff person; and
(iii) Any prescribed medications and over-the-counter
medications that are commonly taken by the individual and
that the individual is not able to self-administer;
[Title 18 RCW—page 48]
(c) The individual's nursing needs when the individual
requires the services of a nurse on the boarding home premises;
(d) The individual's sensory abilities, including vision
and hearing;
(e) The individual's communication abilities, including
modes of expression, ability to make himself or herself
understood, and ability to understand others;
(f) Significant known behaviors or symptoms of the individual causing concern or requiring special care, including:
History of substance abuse; history of harming self, others, or
property, or other conditions that may require behavioral
intervention strategies; the individual's ability to leave the
boarding home unsupervised; and other safety considerations
that may pose a danger to the individual or others, such as use
of medical devices or the individual's ability to smoke unsupervised, if smoking is permitted in the boarding home;
(g) The individual's special needs, by evaluating available information, or selecting and using an appropriate tool to
determine the presence of symptoms consistent with, and
implications for care and services of: Mental illness, or needs
for psychological or mental health services, except where
protected by confidentiality laws; developmental disability;
dementia; or other conditions affecting cognition, such as
traumatic brain injury;
(h) The individual's level of personal care needs, including: Ability to perform activities of daily living; medication
management ability, including the individual's ability to
obtain and appropriately use over-the-counter medications;
and how the individual will obtain prescribed medications for
use in the boarding home;
(i) The individual's activities, typical daily routines, habits, and service preferences;
(j) The individual's personal identity and lifestyle, to the
extent the individual is willing to share the information, and
the manner in which they are expressed, including preferences regarding food, community contacts, hobbies, spiritual
preferences, or other sources of pleasure and comfort; and
(k) Who has decision-making authority for the individual, including: The presence of any advance directive, or
other legal document that will establish a substitute decision
maker in the future; the presence of any legal document that
establishes a current substitute decision maker; and the scope
of decision-making authority of any substitute decision
maker.
(2) Complete a limited assessment of a resident's change
of condition when the resident's negotiated service agreement
no longer addresses the resident's current needs. [2004 c 142
§ 8.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.370
18.20.370 Negotiated service agreement. (Effective
September 1, 2004.) (1) The boarding home licensee shall
complete a negotiated service agreement using the preadmission assessment, initial resident service plan, and full reassessment information obtained under RCW 18.20.350 and
18.20.360. The licensee shall include the resident and the
resident's legal representative if any, or the resident's representative if any, in the development of the negotiated service
(2004 Ed.)
Boarding Homes
agreement. If the resident is a medicaid client, the department's case manager shall also be involved.
(2) The negotiated service agreement shall be completed
or updated:
(a) Within thirty days of the date of move-in;
(b) As necessary following the annual full assessment of
the resident; and
(c) Whenever the resident's negotiated service agreement
no longer adequately addresses the resident's current needs
and preferences. [2004 c 142 § 9.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.380
18.20.380 Provision of outside services—Licensee's
duty of care/negligence. (Effective September 1, 2004.) (1)
The boarding home licensee shall permit the resident, or the
resident's legal representative if any, to independently
arrange for or contract with a practitioner licensed under Title
18 RCW regulating health care professions, or a home health,
hospice, or home care agency licensed under chapter 70.127
RCW, to provide on-site care and services to the resident,
consistent with RCW 18.20.160 and chapter 70.129 RCW.
The boarding home licensee may permit the resident, or the
resident's legal representative if any, to independently
arrange for other persons to provide on-site care and services
to the resident.
(2) The boarding home licensee may establish policies
and procedures that describe limitations, conditions, or
requirements that must be met prior to an outside service provider being allowed on-site.
(3) When the resident or the resident's legal representative independently arranges for outside services under subsection (1) of this section, the licensee's duty of care, and any
negligence that may be attributed thereto, shall be limited to:
The responsibilities described under subsection (4) of this
section, excluding supervising the activities of the outside
service provider; observation of the resident for changes in
overall functioning, consistent with RCW 18.20.280; notification to the person or persons identified in RCW 70.129.030
when there are observed changes in the resident's overall
functioning or condition; and appropriately responding to
obtain needed assistance when there are observable or
reported changes in the resident's physical or mental functioning.
(4) Consistent with RCW 18.20.280, the boarding home
licensee shall not be responsible for supervising the activities
of the outside service provider. When information sharing is
authorized by the resident or the resident's legal representative, the licensee shall request such information and integrate
relevant information from the outside service provider into
the resident's negotiated service agreement, only to the extent
that such information is actually shared with the licensee.
[2004 c 142 § 10.]
Effective dates—2004 c 142: See note following RCW 18.20.020.
18.20.390
18.20.390 Quality assurance committee. (1) To
ensure the proper delivery of services and the maintenance
and improvement in quality of care through self-review, any
boarding home licensed under this chapter may maintain a
quality assurance committee that, at a minimum, includes:
(2004 Ed.)
18.20.400
(a) A licensed registered nurse under chapter 18.79
RCW;
(b) The administrator; and
(c) Three other members from the staff of the boarding
home.
(2) When established, the quality assurance committee
shall meet at least quarterly to identify issues that may
adversely affect quality of care and services to residents and
to develop and implement plans of action to correct identified
quality concerns or deficiencies in the quality of care provided to residents.
(3) To promote quality of care through self-review without the fear of reprisal, and to enhance the objectivity of the
review process, the department shall not require, and the
long-term care ombudsman program shall not request, disclosure of any quality assurance committee records or reports,
unless the disclosure is related to the committee's compliance
with this section, if:
(a) The records or reports are not maintained pursuant to
statutory or regulatory mandate; and
(b) The records or reports are created for and collected
and maintained by the committee.
(4) If the boarding home refuses to release records or
reports that would otherwise be protected under this section,
the department may then request only that information that is
necessary to determine whether the boarding home has a
quality assurance committee and to determine that it is operating in compliance with this section. However, if the boarding home offers the department documents generated by, or
for, the quality assurance committee as evidence of compliance with boarding home requirements, the documents are
not protected as quality assurance committee documents
when in the possession of the department.
(5) Good faith attempts by the committee to identify and
correct quality deficiencies shall not be used as a basis for
sanctions.
(6) Any records that are created for and collected and
maintained by the quality assurance committee shall not be
discoverable or admitted into evidence in a civil action
brought against a boarding home.
(7) Notwithstanding any records created for the quality
assurance committee, the facility shall fully set forth in the
resident's records, available to the resident, the department,
and others as permitted by law, the facts concerning any incident of injury or loss to the resident, the steps taken by the
facility to address the resident's needs, and the resident outcome. [2004 c 144 § 2.]
Finding—2004 c 144: "The legislature finds that quality assurance
efforts will promote compliance with regulations by providers and achieve
the goal of providing high quality of care to citizens residing in licensed
boarding homes, and may reduce property and liability insurance premium
costs for such facilities." [2004 c 144 § 1.]
Effective date—2004 c 144: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 26, 2004]." [2004 c 144 § 5.]
18.20.400
18.20.400 Correction of violation/deficiency—Not
included in facility report. If during an inspection, reinspection, or complaint investigation by the department, a
boarding home corrects a violation or deficiency that the
department discovers, the department shall record and con[Title 18 RCW—page 49]
18.20.900
Title 18 RCW: Businesses and Professions
sider such violation or deficiency for purposes of the facility's
compliance history, however the licensor or complaint investigator shall not include in the facility report the violation or
deficiency if the violation or deficiency:
(1) Is corrected to the satisfaction of the department prior
to the exit conference;
(2) Is not recurring; and
(3) Did not pose a significant risk of harm or actual harm
to a resident.
For the purposes of this section, "recurring" means that
the violation or deficiency was found under the same regulation or statute in one of the two most recent preceding inspections, reinspections, or complaint investigations. [2004 c 144
§ 4.]
Finding—Effective date—2004 c 144: See notes following RCW
18.20.390.
18.22.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.22.003
18.22.005 Legislative finding—Purpose. The legislature finds that the conduct of podiatric physicians and surgeons licensed to practice in this state plays a vital role in preserving the public health and well-being. The purpose of this
chapter is to establish an effective public agency to regulate
the practice of podiatric medicine and surgery for the protection and promotion of the public health, safety, and welfare
and to act as a disciplinary body for the licensed podiatric
physicians and surgeons of this state and to ensure that only
individuals who meet and maintain minimum standards of
competence and conduct may obtain a license to provide
podiatric services to the public. [1990 c 147 § 1; 1982 c 21 §
1.]
18.22.005
18.22.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Podiatric physician and surgeon" means an individual licensed under this chapter.
(2) "Board" means the Washington state podiatric medical board.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health or the secretary's designee.
(5) "Approved school of podiatric medicine and surgery"
means a school approved by the board, which may consider
official recognition of the Council of Education of the American Podiatric Medical Association in determining the
approval of schools of podiatric medicine and surgery. [1990
c 147 § 2; 1982 c 21 § 2; 1973 c 77 § 1; 1955 c 149 § 1; 1941
c 31 § 1; 1921 c 120 § 1; 1917 c 38 § 1; Rem. Supp. 1941 §
10074.]
18.22.010
18.20.900
18.20.900 Severability—1957 c 253. If any part, or
parts, of this chapter shall be held unconstitutional, the
remaining provisions shall be given full force and effect, as
completely as if the part held unconstitutional had not been
included herein, if any such remaining part can then be
administered for the purpose of establishing and maintaining
standards for boarding homes. [1957 c 253 § 20.]
Chapter 18.22 RCW
PODIATRIC MEDICINE AND SURGERY
Chapter 18.22
(Formerly: Podiatry)
Sections
18.22.003
18.22.005
18.22.010
18.22.013
18.22.014
18.22.015
18.22.018
18.22.021
18.22.025
18.22.035
Regulation of health care professions—Criteria.
Legislative finding—Purpose.
Definitions.
Podiatric medical board—Membership.
Board—Officers—Members' compensation and travel
expenses.
Board—Duties—Rules.
Application of uniform disciplinary act.
License required.
License required to practice podiatric medicine and surgery.
Practice of podiatric medicine and surgery—Quality—Definition—Prescriptions—Limitations.
Applicants—Fee—Eligibility.
Postgraduate training license.
Examination—Date, location, and application—Reexamination.
License—Reciprocity.
License—Examination to determine professional qualifications.
License—Display.
License renewal.
License—Inactive status.
Rules and regulations.
Unlawful practice—Evidence of.
Violations—Penalty.
Exemptions.
Severability—1917 c 38.
Severability—1955 c 149.
Severability—1982 c 21.
Short title.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
18.22.013 Podiatric medical board—Membership.
There is created the Washington state podiatric medical
board consisting of five members to be appointed by the governor. All members shall be residents of the state. One member shall be a consumer whose occupation does not include
the administration of health activities or the providing of
health services and who has no material financial interest in
providing health care services. Four members shall be podiatric physicians and surgeons who at the time of appointment
have been licensed under the laws of this state for at least five
consecutive years immediately preceding appointment and
shall at all times during their terms remain licensed podiatric
physicians and surgeons.
Board members shall serve five-year terms. No person
may serve more than two consecutive terms on the board.
Each member shall take the usual oath of a state officer,
which shall be filed with the secretary of state, and each
member shall hold office for the term of appointment and
until a successor is appointed and sworn.
Each member is subject to removal at the pleasure of the
governor. If a vacancy on the board occurs from any cause,
the governor shall appoint a successor for the unexpired term.
[1990 c 147 § 3; 1982 c 21 § 8.]
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.22.040
18.22.045
18.22.060
18.22.082
18.22.083
18.22.110
18.22.120
18.22.125
18.22.191
18.22.210
18.22.220
18.22.230
18.22.900
18.22.910
18.22.911
18.22.950
Actions for negligence against, evidence and proof required to prevail:
RCW 4.24.290.
Health care assistants: Chapter 18.135 RCW.
[Title 18 RCW—page 50]
18.22.013
(2004 Ed.)
Podiatric Medicine and Surgery
18.22.014
18.22.014 Board—Officers—Members' compensation and travel expenses. The board shall meet at the places
and times it determines and as often as necessary to discharge
its duties. The board shall elect a chairperson, vice-chairperson, and secretary from among its members. Members shall
be compensated in accordance with RCW 43.03.240 in addition to travel expenses provided by RCW 43.03.050 and
43.03.060. A simple majority of the board members currently
serving constitutes a quorum of the board. [1990 c 147 § 4;
1984 c 287 § 26; 1982 c 21 § 9.]
18.22.045
(3) Podiatric physicians and surgeons may issue prescriptions valid at any pharmacy for any drug, including narcotics, necessary in the practice of podiatry.
(4) Podiatrists shall not:
(a) Amputate the foot;
(b) Administer spinal anesthetic or any anesthetic that
renders the patient unconscious; or
(c) Treat systemic conditions. [1990 c 147 § 6.]
18.22.040
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
18.22.015
18.22.015 Board—Duties—Rules. The board shall:
(1) Administer all laws placed under its jurisdiction;
(2) Prepare, grade, and administer or determine the
nature, grading, and administration of examinations for applicants for podiatric physician and surgeon licenses;
(3) Examine and investigate all applicants for podiatric
physician and surgeon licenses and certify to the secretary all
applicants it judges to be properly qualified;
(4) Adopt any rules which it considers necessary or
proper to carry out the purposes of this chapter;
(5) Determine which schools of podiatric medicine and
surgery will be approved. [1990 c 147 § 5; 1986 c 259 § 18;
1982 c 21 § 10.]
Severability—1986 c 259: See note following RCW 18.130.010.
Director of licensing or director's designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300.
18.22.018
18.22.018 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
10; 1986 c 259 § 17.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.22.021
18.22.021 License required. It is a violation of RCW
18.130.190 for any person to practice podiatry in this state
unless the person first has obtained a license therefor. [1987
c 150 § 11.]
Severability—1987 c 150: See RCW 18.122.901.
18.22.025
18.22.025 License required to practice podiatric
medicine and surgery. No person may practice or represent
himself or herself as a podiatric physician and surgeon without first applying for and receiving a license under this chapter to practice podiatric medicine and surgery. [1990 c 147 §
7.]
18.22.035
18.22.035 Practice of podiatric medicine and surgery—Quality—Definition—Prescriptions—Limitations. (1) A podiatric physician and surgeon is responsible
for the quality of podiatric care.
(2) The practice of podiatric medicine and surgery is the
diagnosis and the medical, surgical, mechanical, manipulative, and electrical treatments of ailments of the human foot.
(2004 Ed.)
18.22.040 Applicants—Fee—Eligibility. Before any
person may take an examination for the issuance of a podiatric physician and surgeon license, the applicant shall submit
a completed application and a fee determined by the secretary
as provided in RCW 43.70.250. The applicant shall also furnish the secretary and the board with satisfactory proof that:
(1) The applicant has not engaged in unprofessional conduct as defined in chapter 18.130 RCW and is not unable to
practice with reasonable skill and safety as a result of a physical or mental impairment;
(2) The applicant has satisfactorily completed a course in
an approved school of podiatric medicine and surgery;
(3) The applicant has completed one year of postgraduate podiatric medical training in a program approved by the
board, provided that applicants graduating before July 1,
1993, shall be exempt from the postgraduate training requirement. [2000 c 171 § 4; 1993 c 29 § 2; 1990 c 147 § 8; 1982 c
21 § 5; 1979 c 158 § 18; 1973 c 77 § 4; 1971 ex.s. c 292 § 19;
1955 c 149 § 2; 1935 c 48 § 3; 1921 c 120 § 3; 1917 c 38 § 6;
RRS § 10079.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
18.22.045
18.22.045 Postgraduate training license. The board
may grant approval to issue a license without examination to
a podiatric physician and surgeon in a board-approved postgraduate training program in this state if the applicant files an
application and meets all the requirements for licensure set
forth in RCW 18.22.040 except for completion of one year of
postgraduate training. The secretary shall issue a postgraduate podiatric medicine and surgery license that permits the
physician to practice podiatric medicine and surgery only in
connection with his or her duties in the postgraduate training
program. The postgraduate training license does not authorize the podiatric physician to engage in any other form of
practice. Each podiatric physician and surgeon in postgraduate training shall practice podiatric medicine and surgery
under the supervision of a physician licensed in this state
under this chapter, or chapter 18.71 or 18.57 RCW, but such
supervision shall not be construed to necessarily require the
personal presence of the supervising physician at the place
where services are rendered.
All persons licensed under this section shall be subject to
the jurisdiction of the podiatric medical board as set forth in
this chapter and chapter 18.130 RCW.
Persons applying for licensure pursuant to this section
shall pay an application and renewal fee determined by the
secretary as provided in RCW 43.70.250. Postgraduate training licenses may be renewed annually. Any person who
obtains a license pursuant to this section may apply for licensure under this chapter but shall submit a new application
[Title 18 RCW—page 51]
18.22.060
Title 18 RCW: Businesses and Professions
form and comply with all other licensing requirements of this
chapter. [1993 c 29 § 1.]
18.22.060
18.22.060 Examination—Date, location, and application—Reexamination. (1) The date and location of the
examination shall be established by the board. Applicants
who have met the requirements for examination under RCW
18.22.040 will be scheduled for the next examination after
the filing of the complete application. The board shall establish by rule the examination application deadline.
(2) An applicant who fails to pass an examination satisfactorily is entitled to reexamination upon the payment of a
fee for each reexamination determined by the secretary as
provided in RCW 43.70.250. [1990 c 147 § 9; 1985 c 7 § 11;
1982 c 21 § 7; 1975 1st ex.s. c 30 § 16; 1973 c 77 § 6; 1965 c
97 § 1; 1957 c 52 § 14. Prior: (i) 1921 c 120 § 5; 1917 c 38 §
9; RRS § 10082. (ii) 1921 c 120 § 4; 1917 c 38 § 7; RRS §
10080.]
18.22.082
18.22.082 License—Reciprocity. An applicant holding a license to practice podiatric medicine and surgery in
another state may be licensed without examination if the secretary determines that the other state's licensing standards are
substantively equivalent to the standards in this state. [1990
c 147 § 10.]
an inactive license shall not practice podiatric medicine and
surgery in this state without first activating the license.
(2) The inactive renewal fee shall be established by the
secretary under RCW 43.70.250, but may not exceed twentyfive percent of the active license renewal fee. Failure to
renew an inactive license results in cancellation in the same
manner as an active license.
(3) An inactive license may be placed in an active status
upon compliance with the rules established by the board.
(4) The provisions of this chapter relating to the denial,
suspension, and revocation of a license are applicable to an
inactive license, except that when proceedings to suspend or
revoke an inactive license have been initiated, the license
remains inactive until the proceedings have been completed.
[1990 c 147 § 14.]
18.22.191
18.22.191 Rules and regulations. The secretary shall
have the power and duty to formulate and prescribe such
rules and regulations as may be reasonable in the proper
administration of this chapter. In addition to any other authority provided by law, the secretary may:
(1) Set all fees required in this chapter in accordance
with RCW 43.70.250;
(2) Establish forms necessary to administer this chapter;
(3) Maintain the official department record of all applicants and licensees. [1990 c 147 § 15; 1955 c 149 § 13.]
18.22.083
18.22.083 License—Examination to determine professional qualifications. Before being issued a license to
practice podiatric medicine and surgery, applicants must successfully pass the examinations administered by the national
board of podiatry examiners and an examination administered or approved by the board to determine their professional qualifications. The examination administered by the
board shall include the subject areas as the board may require
by rule.
The board may approve an examination prepared or
administered, or both, by a private testing agency, other
licensing authority, or association of licensing authorities.
The board may by rule establish the passing grade for the
examination. [1990 c 147 § 11; 1982 c 21 § 13.]
18.22.110
18.22.110 License—Display. Every holder of a podiatric physician and surgeon license shall keep the license on
exhibition in a conspicuous place in the holder's office or
place of business. [1990 c 147 § 12; 1973 c 77 § 9; 1957 c 52
§ 15. Prior: 1917 c 38 § 2, part; RRS § 10075, part.]
18.22.120
18.22.120 License renewal. The board shall establish
by rule the requirements for renewal of licenses and relicensing. Administrative procedures, administrative requirements,
and fees shall be established as provided in RCW 43.70.250
and 43.70.280. [1996 c 191 § 7; 1990 c 147 § 13; 1985 c 7 §
13; 1982 c 21 § 14; 1975 1st ex.s. c 30 § 18; 1973 c 77 § 10;
1971 ex.s. c 266 § 4; 1965 c 97 § 2; 1955 c 149 § 6. Prior: (i)
1921 c 120 § 5, part; 1917 c 38 § 9, part; RRS § 10082, part.
(ii) 1921 c 120 § 9; RRS § 10096.]
18.22.125
18.22.125 License—Inactive status. (1) An individual
may place his or her license on inactive status. The holder of
[Title 18 RCW—page 52]
18.22.210
18.22.210 Unlawful practice—Evidence of. It is
prima facie evidence of the practice of podiatric medicine and
surgery or of holding oneself out as a practitioner of podiatric
medicine and surgery within the meaning of this chapter for
any person to treat in any manner ailments of the human foot
by medical, surgical, or mechanical means or appliances, or
to use the title "podiatrist," "podiatric physician and surgeon," or any other words or letters which designate or tend
to designate to the public that the person so treating or holding himself or herself out to treat, is a podiatric physician and
surgeon. [1990 c 147 § 16; 1982 c 21 § 17; 1973 c 77 § 17;
1935 c 48 § 4; 1921 c 120 § 6; 1917 c 38 § 10; RRS § 10083.]
18.22.220
18.22.220 Violations—Penalty. Every person violating, or failing to comply with, the provisions of this chapter
shall be guilty of a gross misdemeanor. [1955 c 149 § 10;
1917 c 38 § 21; RRS § 10094.]
18.22.230
18.22.230 Exemptions. The following practices, acts,
and operations are excepted from the operation of the provisions of this chapter:
(1) The practice of podiatric medicine and surgery by an
individual employed by the government of the United States
while the individual is engaged in the performance of duties
prescribed by the laws and regulations of the United States;
(2) The practice of podiatric medicine and surgery by
students enrolled in a school approved by the board. The performance of services must be pursuant to a course of instruction or assignments from an instructor and under the supervision of the instructor;
(3) The practice of podiatric medicine and surgery by
licensed podiatric physicians and surgeons of other states or
countries while appearing at educational seminars;
(2004 Ed.)
Chiropractic
18.25.005
(4) The use of roentgen and other rays for making radiograms or similar records of the feet or portions thereof, under
the supervision of a licensed podiatric physician and surgeon
or a physician;
(5) The practice of podiatric medicine and surgery by
externs, interns, and residents in training programs approved
by the American Podiatric Medical Association;
(6) The performing of podiatric services by persons not
licensed under this chapter when performed under the supervision of a licensed podiatrist if those services are authorized
by board rule or other law to be so performed;
(7) The treatment of ailments of the feet by physicians
licensed under chapter 18.57 or 18.71 RCW, or other licensed
health professionals practicing within the scope of their
licenses;
(8) The domestic administration of family remedies or
treatment by prayer or spiritual means in accordance with the
creed or tenets of any well recognized church or religious
denomination. [1990 c 147 § 17; 1982 c 21 § 19; 1973 c 77 §
19; 1955 c 149 § 12.]
18.25.0195
18.25.0196
18.25.0197
18.22.900 Severability—1917 c 38. If any provision of
this act shall be held void or unconstitutional, all other provisions and all other sections of the act which are not expressly
held to be void or unconstitutional shall continue in full force
and effect. [1917 c 38 § 19.]
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
18.22.900
18.25.020
18.25.025
18.25.030
18.25.035
18.25.040
18.25.070
18.25.075
18.25.080
18.25.090
18.25.100
18.25.112
18.25.180
18.25.190
18.25.200
18.25.900
Discriminatory government contracts prohibited.
Discrimination—Policy costs as additional compensation.
Discrimination—Application of RCW 18.25.0192 through
18.25.0196.
Applications—Qualifications—Fees.
Accreditation of schools and colleges—Standards—Assistants for examinations authorized.
Examinations—Subjects—Grades.
Waiver of examination.
Licensure by endorsement.
License renewal—Continuing education—Rules.
Inactive status.
Health regulations.
Use of credentials in written materials—Treatment by prayer
not regulated.
Prosecutions for violations.
"Unprofessional conduct"—Additional definition—Prosecution.
Employment of x-ray technicians—Rules.
Exemptions—Jurisdiction of commission.
Service and fee limitations by health care purchasers—Pilot
projects.
Severability—Headings and captions not law—Effective
date—1994 sp.s. c 9.
Actions against, limitation of: RCW 4.16.350.
Actions for negligence against, evidence and proof required to prevail:
RCW 4.24.290.
Lien of doctors: Chapter 60.44 RCW.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.25.002
18.22.910
18.22.910 Severability—1955 c 149. If any provision
of this act or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect
the provisions or application of this act which can be given
effect without the invalid provisions or applications, and to
this end the provisions of this act are declared to be severable.
[1955 c 149 § 16.]
18.22.911
18.22.911 Severability—1982 c 21. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 21 § 20.]
18.22.950 Short title. This chapter shall be known as
the Podiatric Physician and Surgeon Practice Act. [1990 c
147 § 19.]
18.22.950
Chapter 18.25
Chapter 18.25 RCW
CHIROPRACTIC
Sections
18.25.002
18.25.003
18.25.005
18.25.006
18.25.011
18.25.0151
18.25.0161
18.25.0165
18.25.0171
18.25.0172
18.25.019
18.25.0192
18.25.0193
18.25.0194
(2004 Ed.)
Purpose.
Regulation of health care professions—Criteria.
"Chiropractic" defined.
Definitions.
License required.
Commission established—Membership.
Commission—Removal of member—Order of removal—
Vacancy.
Commission—Qualifications of members.
Commission—Duties and powers—Compensation—Rules.
Commission successor to other boards, committee.
Application of Uniform Disciplinary Act.
Discrimination—Legislative finding and declaration.
Discrimination—Acceptance of services required.
Discrimination by governments prohibited.
18.25.002 Purpose. This chapter is enacted:
(1) In the exercise of the police power of the state and to
provide an adequate public agency to act as a disciplinary
body for the members of the chiropractic profession licensed
to practice chiropractic in this state;
(2) Because the health and well-being of the people of
this state are of paramount importance;
(3) Because the conduct of members of the chiropractic
profession licensed to practice chiropractic in this state plays
a vital role in preserving the health and well-being of the people of the state; and
(4) Because practicing other healing arts while licensed
to practice chiropractic and while holding one's self out to the
public as a chiropractor affects the health and welfare of the
people of the state.
It is the purpose of the commission established under
RCW 18.25.0151 to regulate the competency and quality of
professional health care providers under its jurisdiction by
establishing, monitoring, and enforcing qualifications for
licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the
delivery of quality health care to the residents of the state.
[1994 sp.s. c 9 § 101.]
18.25.003
18.25.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.25.005
18.25.005 "Chiropractic" defined. (1) Chiropractic is
the practice of health care that deals with the diagnosis or
analysis and care or treatment of the vertebral subluxation
complex and its effects, articular dysfunction, and musculoskeletal disorders, all for the restoration and maintenance of
health and recognizing the recuperative powers of the body.
[Title 18 RCW—page 53]
18.25.006
Title 18 RCW: Businesses and Professions
(2) Chiropractic treatment or care includes the use of
procedures involving spinal adjustments and extremity
manipulation. Chiropractic treatment also includes the use of
heat, cold, water, exercise, massage, trigger point therapy,
dietary advice and recommendation of nutritional supplementation, the normal regimen and rehabilitation of the
patient, first aid, and counseling on hygiene, sanitation, and
preventive measures. Chiropractic care also includes such
physiological therapeutic procedures as traction and light, but
does not include procedures involving the application of
sound, diathermy, or electricity.
(3) As part of a chiropractic differential diagnosis, a chiropractor shall perform a physical examination, which may
include diagnostic x-rays, to determine the appropriateness of
chiropractic care or the need for referral to other health care
providers. The chiropractic quality assurance commission
shall provide by rule for the type and use of diagnostic and
analytical devices and procedures consistent with this chapter.
(4) Chiropractic care shall not include the prescription or
dispensing of any medicine or drug, the practice of obstetrics
or surgery, the use of x-rays or any other form of radiation for
therapeutic purposes, colonic irrigation, or any form of venipuncture.
(5) Nothing in this chapter prohibits or restricts any other
practitioner of a "health profession" defined in RCW
18.120.020(4) from performing any functions or procedures
the practitioner is licensed or permitted to perform, and the
term "chiropractic" as defined in this chapter shall not prohibit a practitioner licensed under chapter 18.71 RCW from
performing medical procedures, except such procedures shall
not include the adjustment by hand of any articulation of the
spine. [2002 c 225 § 1; 1994 sp.s. c 9 § 102; 1992 c 241 § 2;
1974 ex.s. c 97 § 7.]
Intent—1992 c 241: "This act is intended to expand the scope of practice of chiropractic only with regard to adjustment of extremities in connection with a spinal adjustment." [1992 c 241 § 1.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.006
18.25.006 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of the department of
health or the secretary's designee.
(3) "Chiropractor" means an individual licensed under
this chapter.
(4) "Commission" means the Washington state chiropractic quality assurance commission.
(5) "Vertebral subluxation complex" means a functional
defect or alteration of the biomechanical and physiological
dynamics in a joint that may cause neuronal disturbances,
with or without displacement detectable by x-ray. The effects
of the vertebral subluxation complex may include, but are not
limited to, any of the following: Fixation, hypomobility,
hypermobility, periarticular muscle spasm, edema, or inflammation.
(6) "Articular dysfunction" means an alteration of the
biomechanical and physiological dynamics of a joint of the
axial or appendicular skeleton.
[Title 18 RCW—page 54]
(7) "Musculoskeletal disorders" means abnormalities of
the muscles, bones, and connective tissue.
(8) "Chiropractic differential diagnosis" means a diagnosis to determine the existence of a vertebral subluxation complex, articular dysfunction, or musculoskeletal disorder, and
the appropriateness of chiropractic care or the need for referral to other health care providers.
(9) "Chiropractic adjustment" means chiropractic care of
a vertebral subluxation complex, articular dysfunction, or
musculoskeletal disorder. Such care includes manual or
mechanical adjustment of any vertebral articulation and contiguous articulations beyond the normal passive physiological range of motion.
(10) "Extremity manipulation" means a corrective thrust
or maneuver applied to a joint of the appendicular skeleton.
[2002 c 225 § 2; 1994 sp.s. c 9 § 103; 1992 c 241 § 3; 1991 c
3 § 36; 1989 c 258 § 12.]
Intent—1992 c 241: See note following RCW 18.25.005.
18.25.011
18.25.011 License required. It is a violation of RCW
18.130.190 for any person to practice chiropractic in this
state unless the person has obtained a license as provided in
this chapter. [1987 c 150 § 14.]
Severability—1987 c 150: See RCW 18.122.901.
18.25.0151
18.25.0151 Commission established—Membership.
The Washington state chiropractic quality assurance commission is established, consisting of fourteen members
appointed by the governor to four-year terms, and including
eleven practicing chiropractors and three public members.
No member may serve more than two consecutive full terms.
In appointing the initial members of the commission, it is the
intent of the legislature that, to the extent possible, the governor appoint members of the previous boards and committees
regulating this profession to the commission. Members of the
commission hold office until their successors are appointed.
The governor may appoint the members of the initial commission to staggered terms of from one to four years. Thereafter, all members shall be appointed to full four-year terms.
The governor may consider persons who are recommended
for appointment by chiropractic associations of this state.
[2000 c 171 § 5; 1994 sp.s. c 9 § 104.]
18.25.0161
18.25.0161 Commission—Removal of member—
Order of removal—Vacancy. The governor may remove a
member of the commission for neglect of duty, misconduct,
or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been
guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of
state a statement of the causes for and the order of removal
from office, and the secretary shall forthwith send a certified
copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor
shall appoint a replacement to fill the remainder of the unexpired term. [1994 sp.s. c 9 § 105.]
18.25.0165
18.25.0165 Commission—Qualifications of members. Members must be citizens of the United States and res(2004 Ed.)
Chiropractic
idents of this state. Members must be licensed chiropractors
for a period of five years before appointment. Public members of the commission may not be a member of any other
health care licensing board or commission, or have a fiduciary obligation to a facility rendering health services regulated by the commission, or have a material or financial interest in the rendering of health services regulated by the commission. [1994 sp.s. c 9 § 106.]
18.25.0171
18.25.0171 Commission—Duties and powers—Compensation—Rules. The commission shall elect officers each
year. Meetings of the commission are open to the public,
except that the commission may hold executive sessions to
the extent permitted by chapter 42.30 RCW. The secretary of
health shall furnish such secretarial, clerical, and other assistance as the commission may require.
Each member of the commission shall be compensated
in accordance with RCW 43.03.265. Members shall be reimbursed for travel expenses incurred in the actual performance
of their duties, as provided in RCW 43.03.050 and 43.03.060.
A majority of the commission members appointed and
serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum
of the commission is required to carry a motion or resolution,
to adopt a rule, or to pass a measure.
The commission may appoint members of panels of at
least three members. A quorum for transaction of any business by a panel is a minimum of three members. A majority
vote of a quorum of the panel is required to transact business
delegated to it by the commission.
The members of the commission are immune from suit
in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as
members of the commission.
The commission may, whenever the workload of the
commission requires, request that the secretary appoint pro
tempore members. While serving as members pro tempore
persons have all the powers, duties, and immunities, and are
entitled to the emoluments, including travel expenses, of the
commission.
The commission shall prepare or determine the nature of
the examinations for applicants to practice chiropractic.
The commission may adopt such rules as are consistent
with this chapter as may be deemed necessary and proper to
carry out the purposes of this chapter. [1999 c 366 § 2; 1994
sp.s. c 9 § 107.]
18.25.0196
and the discipline of licensees under this chapter. [1994 sp.s.
c 9 § 108; 1987 c 150 § 12; 1986 c 259 § 21.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.25.0192
18.25.0192 Discrimination—Legislative finding and
declaration. The legislature finds and declares that the costs
of health care to the people are rising disproportionately to
other costs and that there is a paramount concern that the
right of the people to obtain access to health care in all its facets is being impaired thereby. For this reason, the reliance on
the mechanism of health care service contractors, whether
profit or nonprofit, is the only effective manner in which the
large majority of the people can attain access to quality health
care, and it is therefore declared to be in the public interest
that health care service contractors be regulated to assure that
all the people have access to health care to the greatest extent
possible. Chapter 97, Laws of 1974 ex. sess., prohibiting discrimination against the legally recognized and licensed profession of chiropractic, is necessary in the interest of the public health, welfare, and safety. [1974 ex.s. c 97 § 1. Formerly
RCW 18.25.120.]
Severability—1974 ex.s. c 97: "If any provision of this 1974 amendatory act, or its application to any person or circumstance, is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 97 § 16.]
18.25.0193
18.25.0193 Discrimination—Acceptance of services
required. Notwithstanding any other provision of law, the
state and its political subdivisions shall accept the services of
licensed chiropractors for any service covered by their
licenses with relation to any person receiving benefits, salaries, wages, or any other type of compensation from the state,
its agencies or subdivisions. [1974 ex.s. c 97 § 2. Formerly
RCW 18.25.130.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.0194
18.25.0194 Discrimination by governments prohibited. The state and its political subdivisions, and all officials,
agents, employees, or representatives thereof, are prohibited
from in any way discriminating against licensed chiropractors in performing and receiving compensation for services
covered by their licenses. [1974 ex.s. c 97 § 3. Formerly
RCW 18.25.140.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.0195
18.25.0172
18.25.0172 Commission successor to other boards,
committee. The commission is the successor in interest of
the board of chiropractic examiners, the chiropractic disciplinary board, and the chiropractic peer review committee.
All contracts, undertakings, agreements, rules, regulations,
and policies of those bodies continue in full force and effect
on July 1, 1994, unless otherwise repealed or rejected by
chapter 9, Laws of 1994 sp. sess. or by the commission.
[1994 sp.s. c 9 § 119.]
18.25.0195 Discriminatory government contracts
prohibited. Notwithstanding any other provision of law, the
state and its political subdivisions, and all officials, agents,
employees, or representatives thereof, are prohibited from
entering into any agreement or contract with any individual,
group, association, or corporation which in any way, directly
or indirectly, discriminates against licensed chiropractors in
performing and receiving compensation for services covered
by their licenses. [1974 ex.s. c 97 § 4. Formerly RCW
18.25.150.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.019
18.25.019 Application of Uniform Disciplinary Act.
The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses,
(2004 Ed.)
18.25.0196
18.25.0196 Discrimination—Policy costs as additional compensation. Notwithstanding any other provision
[Title 18 RCW—page 55]
18.25.0197
Title 18 RCW: Businesses and Professions
of law, for the purpose of RCW 18.25.0192 through
18.25.0195 and 18.25.0197 it is immaterial whether the cost
of any policy, plan, agreement, or contract be deemed additional compensation for services, or otherwise. [2000 c 171 §
6; 1974 ex.s. c 97 § 5. Formerly RCW 18.25.160.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.0197
18.25.0197 Discrimination—Application of RCW
18.25.0192 through 18.25.0196. RCW 18.25.0192 through
18.25.0196 shall apply to all agreements, renewals, or contracts issued on or after July 24, 1974. [2000 c 171 § 7; 1974
ex.s. c 97 § 6. Formerly RCW 18.25.170.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.020
18.25.020 Applications—Qualifications—Fees. (1)
Any person not now licensed to practice chiropractic in this
state and who desires to practice chiropractic in this state,
before it shall be lawful for him or her to do so, shall make
application therefor to the secretary, upon such form and in
such manner as may be adopted and directed by the secretary.
Each applicant who matriculates to a chiropractic college
after January 1, 1975, shall have completed not less than onehalf of the requirements for a baccalaureate degree at an
accredited and approved college or university and shall be a
graduate of a chiropractic school or college accredited and
approved by the commission and shall show satisfactory evidence of completion by each applicant of a resident course of
study of not less than four thousand classroom hours of
instruction in such school or college. Applications shall be in
writing and shall be signed by the applicant in his or her own
handwriting and shall be sworn to before some officer authorized to administer oaths, and shall recite the history of the
applicant as to his or her educational advantages, his or her
experience in matters pertaining to a knowledge of the care of
the sick, how long he or she has studied chiropractic, under
what teachers, what collateral branches, if any, he or she has
studied, the length of time he or she has engaged in clinical
practice; accompanying the same by reference therein, with
any proof thereof in the shape of diplomas, certificates, and
shall accompany said application with satisfactory evidence
of good character and reputation.
(2) Applicants shall follow administrative procedures
and administrative requirements and pay fees as provided in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 8; 1994 sp.s.
c 9 § 109; 1991 c 3 § 38; 1989 c 258 § 3; 1985 c 7 § 14; 1975
1st ex.s. c 30 § 19; 1974 ex.s. c 97 § 9; 1959 c 53 § 3; 1919 c
5 § 5; RRS § 10100.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.025
18.25.025 Accreditation of schools and colleges—
Standards—Assistants for examinations authorized. The
commission shall have authority to grant accreditation to chiropractic schools and colleges.
The commission shall have authority to adopt educational standards which may include standards of any accreditation agency recognized by the office of education of the
department of health and human services or its successor
agency, or any portion of such standards, as the commission's
standards: PROVIDED, That such standards, so adopted,
shall contain, as a minimum of on-campus instruction in chi[Title 18 RCW—page 56]
ropractic, the following: Principles of chiropractic, two hundred hours; adjustive technique, four hundred hours; spinal
roentgenology, one hundred seventy-five hours; symptomatology and diagnosis, four hundred twenty-five hours; clinic,
six hundred twenty-five hours: PROVIDED FURTHER,
That such standards shall not mandate, as a requirement for
either graduation or accreditation, or include in the computation of hours of chiropractic instruction required by this section, instruction in the following: Mechanotherapy, physiotherapy, acupuncture, acupressure, or any other therapy.
The commission shall approve and accredit chiropractic
colleges and schools which apply for commission accreditation and approval and which meet to the commission's satisfaction the educational standards adopted by the commission.
It shall be the responsibility of the college to apply for
accreditation and approval, and of a student to ascertain
whether a college or school has been accredited or approved
by the commission.
The commission shall have authority to engage assistants in the giving of examinations called for under this chapter. [1994 sp.s. c 9 § 110; 1980 c 51 § 3.]
Severability—1980 c 51: "If any provision of this 1980 act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1980 c 51 § 6.]
18.25.030
18.25.030 Examinations—Subjects—Grades. Examinations for license to practice chiropractic shall be developed and administered, or approved, or both, by the commission according to the method deemed by it to be the most
practicable and expeditious to test the applicant's qualifications. The commission may approve an examination prepared
or administered by a private testing agency or association of
licensing authorities. The applicant shall be designated by a
number instead of his or her name, so that the identity shall
not be discovered or disclosed to the members of the commission until after the examination papers are graded.
Examination subjects may include the following: Anatomy, physiology, spinal anatomy, microbiology-public
health, general diagnosis, neuromuscularskeletal diagnosis,
X-ray, principles of chiropractic and adjusting, as taught by
chiropractic schools and colleges, and any other subject areas
consistent with chapter 18.25 RCW. The commission shall
set the standards for passing the examination. The commission may enact additional requirements for testing administered by the national board of chiropractic examiners. [1995
c 198 § 1; 1994 sp.s. c 9 § 111; 1989 c 258 § 4; 1974 ex.s. c
97 § 10; 1959 c 53 § 4; 1919 c 5 § 6; RRS § 10101.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
Hiring assistants for examinations: RCW 18.25.025.
18.25.035
18.25.035 Waiver of examination. The commission
may, in its discretion, waive any examination required by this
chapter of persons applying for a license to practice chiropractic if, in its opinion, the applicant has successfully passed
an examination conducted by the national board of chiropractic examiners of the United States that is of equal or greater
difficulty than the examination being waived by the commission. [1994 sp.s. c 9 § 112; 1971 ex.s. c 227 § 5.]
(2004 Ed.)
Chiropractic
18.25.040
18.25.040 Licensure by endorsement. Persons
licensed to practice chiropractic under the laws of any other
state, territory of the United States, the District of Columbia,
Puerto Rico, or province of Canada, having qualifications
substantially equivalent to those required by this chapter,
may, in the discretion of the commission, and after such
examination as may be required by rule of the commission,
be issued a license to practice in this state without further
examination, upon payment of a fee determined by the secretary as provided in RCW 43.70.250. [1994 sp.s. c 9 § 113;
1991 c 320 § 8; 1991 c 3 § 39; 1985 c 7 § 15; 1975 1st ex.s. c
30 § 20; 1971 ex.s. c 227 § 6; 1919 c 5 § 14; RRS § 10108.]
18.25.070
18.25.070 License renewal—Continuing education—
Rules. Every person practicing chiropractic shall, as a prerequisite to renewal of license, submit to the secretary at the
time of application therefor, satisfactory proof showing attendance of at least twenty-five hours per year during the preceding credential period, at one or more chiropractic symposiums which are recognized and approved by the commission. The commission may, for good cause shown, waive said
attendance. The following guidelines for such symposiums
shall apply:
(1) The commission shall set criteria for the course content of educational symposia concerning matters which are
recognized by the state of Washington chiropractic licensing
laws; it shall be the licensee's responsibility to determine
whether the course content meets these criteria;
(2) The commission shall adopt standards for distribution of annual continuing education credit requirements;
(3) Rules shall be adopted by the commission for licensees practicing and residing outside the state who shall meet
all requirements established by rule of the commission.
[1996 c 191 § 9; 1994 sp.s. c 9 § 114; 1991 c 3 § 40; 1989 c
258 § 5; 1985 c 7 § 17; 1980 c 51 § 2; 1975 1st ex.s. c 30 §
22; 1974 ex.s. c 97 § 11; 1971 ex.s. c 266 § 5; 1959 c 53 § 5;
1919 c 5 § 10; RRS § 10105.]
Severability—1980 c 51: See note following RCW 18.25.025.
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.075
18.25.075 Inactive status. (1) An individual may place
his or her license on inactive status. The holder of an inactive
license shall not practice chiropractic in this state without
first activating the license.
(2) The inactive renewal fee shall be established by the
secretary pursuant to RCW 43.70.250. Failure to renew an
inactive license shall result in cancellation in the same manner as an active license.
(3) An inactive license may be placed in an active status
upon compliance with the rules established by the commission.
(4) The provisions relating to the denial, suspension, and
revocation of a license shall be applicable to an inactive
license, except that when proceedings to suspend or revoke
an inactive license have been initiated, the license shall
remain inactive until the proceedings have been completed.
[1994 sp.s. c 9 § 115; 1991 c 3 § 41; 1989 c 258 § 14.]
18.25.080
18.25.080 Health regulations. Chiropractic practitioners shall observe and be subject to all state and municipal
(2004 Ed.)
18.25.190
regulations relating to the control of contagious and infectious diseases, sign death certificates and any and all matters
pertaining to public health, reporting to the proper health
officers the same as other practitioners. [1919 c 5 § 12; RRS
§ 10107.]
18.25.090
18.25.090 Use of credentials in written materials—
Treatment by prayer not regulated. On all cards, books,
papers, signs or other written or printed means of giving
information to the public, used by those licensed by this
chapter to practice chiropractic, the practitioner shall use
after or below his or her name the term chiropractor, chiropractic physician, D.C., or D.C.Ph.C., designating his or her
line of drugless practice, and shall not use the letters M.D. or
D.O.: PROVIDED, That the word doctor or "Dr." or physician may be used only in conjunction with the word "chiropractic" or "chiropractor". Nothing in this chapter shall be
held to apply to or to regulate any kind of treatment by
prayer. [1991 c 320 § 9; 1989 c 258 § 6; 1986 c 259 § 24;
1981 c 277 § 3; 1971 ex.s. c 227 § 7; 1919 c 5 § 15; RRS §
10109.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.25.100
18.25.100 Prosecutions for violations. It shall be the
duty of the several prosecuting attorneys of this state to prosecute all persons charged with the violation of any of the provisions of this chapter. It shall be the duty of the secretary to
aid said attorneys of this state in the enforcement of this chapter. [1991 c 3 § 42; 1919 c 5 § 16; RRS § 10110.]
18.25.112
18.25.112 "Unprofessional conduct"—Additional
definition—Prosecution. (1) In addition to those acts
defined in chapter 18.130 RCW, the term "unprofessional
conduct" as used in this chapter includes failing to differentiate chiropractic care from any and all other methods of healing at all times.
(2) Proceedings involving alleged unprofessional conduct shall be prosecuted by the attorney general upon the
direction of the commission. [1994 sp.s. c 9 § 116.]
18.25.180
18.25.180 Employment of x-ray technicians—Rules.
(1) A chiropractor may employ a technician to operate x-ray
equipment after the technician has registered with the commission.
(2) The commission may adopt rules necessary and
appropriate to carry out the purposes of this section. [1994
sp.s. c 9 § 117; 1991 c 222 § 9.]
Effective date—1991 c 222: See RCW 18.84.903.
18.25.190
18.25.190 Exemptions—Jurisdiction of commission.
Nothing in this chapter shall be construed to prohibit:
(1) The temporary practice in this state of chiropractic by
any chiropractor licensed by another state, territory, or country in which he or she resides. However, the chiropractor
shall not establish a practice open to the general public and
shall not engage in temporary practice under this section for
a period longer than thirty days. The chiropractor shall register his or her intention to engage in the temporary practice of
chiropractic in this state with the commission before engaging in the practice of chiropractic, and shall agree to be bound
[Title 18 RCW—page 57]
18.25.200
Title 18 RCW: Businesses and Professions
by such conditions as may be prescribed by rule by the commission.
(2) The practice of chiropractic, except the administration of a chiropractic adjustment, by a person who is a regular
senior student in an accredited school of chiropractic
approved by the commission if the practice is part of a regular
course of instruction offered by the school and the student is
under the direct supervision and control of a chiropractor
duly licensed pursuant to this chapter and approved by the
commission.
(3) The practice of chiropractic by a person serving a
period of postgraduate chiropractic training in a program of
clinical chiropractic training sponsored by a school of chiropractic accredited in this state if the practice is part of his or
her duties as a clinical postgraduate trainee and the trainee is
under the direct supervision and control of a chiropractor
duly licensed pursuant to this chapter and approved by the
commission.
(4) The practice of chiropractic by a person who is eligible and has applied to take the next available examination for
licensing offered by the commission, except that the unlicensed chiropractor must provide all services under the direct
control and supervision of a licensed chiropractor approved
by the commission. The unlicensed chiropractor may continue to practice as provided by this subsection until the
results of the next available examination are published, but in
no case for a period longer than six months. The commission
shall adopt rules necessary to effectuate the intent of this subsection.
Any provision of chiropractic services by any individual
under subsection (1), (2), (3), or (4) of this section shall be
subject to the jurisdiction of the commission as provided in
chapter 18.130 RCW. [2000 c 171 § 8; 1994 sp.s. c 9 § 118;
1991 c 320 § 10.]
18.25.200
18.25.200 Service and fee limitations by health care
purchasers—Pilot projects. All state health care purchasers
shall have the authority to set service and fee limitations on
chiropractic costs. The health care authority shall establish
pilot projects in defined geographic regions of the state to
contract with organizations of chiropractors for a prepaid
capitated amount. [1992 c 241 § 4.]
Intent—1992 c 241: See note following RCW 18.25.005.
18.27.065
18.27.070
18.27.075
18.27.080
18.27.090
18.27.100
18.27.102
18.27.104
18.27.110
18.27.111
18.27.114
18.27.117
18.27.120
18.27.125
18.27.130
18.27.140
18.27.200
18.27.210
18.27.220
18.27.225
18.27.230
18.27.240
18.27.250
18.27.260
18.27.270
18.27.280
18.27.290
18.27.300
18.27.310
18.27.320
18.27.340
18.27.342
18.27.350
18.27.360
18.27.370
18.27.380
18.27.390
18.27.900
Partnership or joint venture deemed registered, when.
Fees.
Fees for issuing or renewing certificate of registration.
Registration prerequisite to suit.
Exemptions.
Business practices—Advertising—Penalty.
Unlawful advertising—Liability.
Unlawful advertising—Citations.
Building permits—Verification of registration required—
Responsibilities of issuing entity—Penalties.
Public works, contracts with unregistered contractors prohibited.
Disclosure statement required—Prerequisite to lien claim.
Violations relating to mobile/manufactured homes.
List of registered contractors—Availability, fee.
Rules.
Chapter exclusive—Certain authority of cities and towns not
limited or abridged.
Purpose.
Violation—Infraction.
Violations—Investigations—Evidence.
Investigations—Penalty for failure to identify contractor.
Violations—Restraining orders—Injunctions.
Notice of infraction—Service.
Notice—Form—Contents.
Notice—Filing—Administrative hearing—Appeal.
Notice—Determination infraction committed.
Notice—Response—Failure to respond, appear, pay penalties,
or register.
Notice—Penalty for person refusing to promise to respond.
Notice—Penalty for contractor failing to respond.
Representation by attorney, attorney general.
Infraction—Administrative hearing—Procedure—Burden of
proof—Order—Appeal.
Infraction—Dismissal, when.
Infraction—Monetary penalty.
Report to the legislature.
Violations—Consumer Protection Act.
Certificate of registration suspension—Nonpayment or default
on educational loan or scholarship.
Unregistered contractor—Defaults in payment—Notice of
assessment—Warrant—Notice and order, withhold property—Service—Civil penalties.
Consumer/contractor awareness of chapter.
Finding—Unregistered contractors enforcement team.
Severability—1963 c 77.
Actions or claims for construction of improvements upon real property,
accrual and limitations upon: RCW 4.16.300 through 4.16.320.
18.27.005
18.27.005 Strict enforcement. This chapter shall be
strictly enforced. Therefore, the doctrine of substantial compliance shall not be used by the department in the application
and construction of this chapter. Anyone engaged in the
activities of a contractor is presumed to know the requirements of this chapter. [1997 c 314 § 1.]
18.27.010
18.25.900
18.25.900 Severability—Headings and captions not
law—Effective date—1994 sp.s. c 9. See RCW 18.79.900
through 18.79.902.
Chapter 18.27
Chapter 18.27 RCW
REGISTRATION OF CONTRACTORS
Sections
18.27.005
18.27.010
18.27.020
18.27.030
18.27.040
18.27.050
18.27.060
Strict enforcement.
Definitions.
Registration required—Prohibited acts—Criminal penalty—
Monitoring program.
Application for registration—Grounds for denial.
Bond or other security required—Actions against—Suspension of registration upon impairment.
Insurance or financial responsibility required—Suspension of
registration upon impairment.
Certificate of registration—Issuance, duration, renewal—Suspension.
[Title 18 RCW—page 58]
18.27.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Contractor" means any person, firm, or corporation
who or which, in the pursuit of an independent business
undertakes to, or offers to undertake, or submits a bid to, construct, alter, repair, add to, subtract from, improve, move,
wreck or demolish, for another, any building, highway, road,
railroad, excavation or other structure, project, development,
or improvement attached to real estate or to do any part
thereof including the installation of carpeting or other floor
covering, the erection of scaffolding or other structures or
works in connection therewith or who installs or repairs roofing or siding; or, who, to do similar work upon his or her own
property, employs members of more than one trade upon a
single job or project or under a single building permit except
as otherwise provided herein. "Contractor" includes any per(2004 Ed.)
Registration of Contractors
son, firm, corporation, or other entity covered by this subsection, whether or not registered as required under this chapter.
(2) "Department" means the department of labor and
industries.
(3) "Director" means the director of the department of
labor and industries or designated representative employed
by the department.
(4) "General contractor" means a contractor whose business operations require the use of more than two unrelated
building trades or crafts whose work the contractor shall
superintend or do in whole or in part. "General contractor"
shall not include an individual who does all work personally
without employees or other "specialty contractors" as defined
in this section. The terms "general contractor" and "builder"
are synonymous.
(5) "Partnership" means a business formed under Title
25 RCW.
(6) "Registration cancellation" means a written notice
from the department that a contractor's action is in violation
of this chapter and that the contractor's registration has been
revoked.
(7) "Registration suspension" means a written notice
from the department that a contractor's action is a violation of
this chapter and that the contractor's registration has been
suspended for a specified time, or until the contractor shows
evidence of compliance with this chapter.
(8) "Residential homeowner" means an individual person or persons owning or leasing real property:
(a) Upon which one single-family residence is to be built
and in which the owner or lessee intends to reside upon completion of any construction; or
(b) Upon which there is a single-family residence to
which improvements are to be made and in which the owner
or lessee intends to reside upon completion of any construction.
(9) "Specialty contractor" means a contractor whose
operations do not fall within the definition of "general contractor".
(10) "Unregistered contractor" means a person, firm,
corporation, or other entity doing work as a contractor without being registered in compliance with this chapter. "Unregistered contractor" includes contractors whose registration is
expired, revoked, or suspended. "Unregistered contractor"
does not include a contractor who has maintained a valid
bond and the insurance or assigned account required by RCW
18.27.050, and whose registration has lapsed for thirty or
fewer days.
(11) "Unsatisfied final judgment" means a judgment that
has not been satisfied either through payment, court approved
settlement, discharge in bankruptcy, or assignment under
RCW 19.72.070.
(12) "Verification" means the receipt and duplication by
the city, town, or county of a contractor registration card that
is current on its face, checking the department's contractor
registration data base, or calling the department to confirm
that the contractor is registered. [2001 c 159 § 1; 1997 c 314
§ 2; 1993 c 454 § 2; 1973 1st ex.s. c 153 § 1; 1972 ex.s. c 118
§ 1; 1967 c 126 § 5; 1963 c 77 § 1.]
Finding—1993 c 454: "The legislature finds that unregistered contractors are a serious threat to the general public and are costing the state millions
of dollars each year in lost revenue. To assist in solving this problem, the
(2004 Ed.)
18.27.030
department of labor and industries and the department of revenue should
coordinate and communicate with each other to identify unregistered contractors." [1993 c 454 § 1.]
Effective date—1963 c 77: "This act shall take effect August 1, 1963."
[1963 c 77 § 12.]
18.27.020
18.27.020 Registration required—Prohibited acts—
Criminal penalty—Monitoring program. (1) Every contractor shall register with the department.
(2) It is a misdemeanor for any contractor to:
(a) Advertise, offer to do work, submit a bid, or perform
any work as a contractor without being registered as required
by this chapter;
(b) Advertise, offer to do work, submit a bid, or perform
any work as a contractor when the contractor's registration is
suspended or revoked;
(c) Use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required; or
(d) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a
registration issued to another contractor.
(3) It is not unlawful for a general contractor to employ
an unregistered contractor who was registered at the time he
or she entered into a contract with the general contractor,
unless the general contractor or his or her representative has
been notified in writing by the department of labor and industries that the contractor has become unregistered.
(4) All misdemeanor actions under this chapter shall be
prosecuted in the county where the infraction occurs.
(5) A person is guilty of a separate misdemeanor for each
day worked if, after the person receives a citation from the
department, the person works while unregistered, or while his
or her registration is suspended or revoked, or works under a
registration issued to another contractor. A person is guilty of
a separate misdemeanor for each worksite on which he or she
violates subsection (2) of this section. Nothing in this subsection applies to a registered contractor.
(6) The director by rule shall establish a two-year audit
and monitoring program for a contractor not registered under
this chapter who becomes registered after receiving an infraction or conviction under this chapter as an unregistered contractor. The director shall notify the departments of revenue
and employment security of the infractions or convictions
and shall cooperate with these departments to determine
whether any taxes or registration, license, or other fees or
penalties are owed the state. [1997 c 314 § 3; 1993 c 454 § 6;
1987 c 362 § 1; 1986 c 197 § 1; 1983 1st ex.s. c 2 § 17; 1973
1st ex.s. c 153 § 2; 1963 c 77 § 2.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
Violations as infractions: RCW 18.27.200.
18.27.030
18.27.030 Application for registration—Grounds for
denial. (1) An applicant for registration as a contractor shall
submit an application under oath upon a form to be prescribed by the director and which shall include the following
information pertaining to the applicant:
(a) Employer social security number.
[Title 18 RCW—page 59]
18.27.040
Title 18 RCW: Businesses and Professions
(b) Unified business identifier number, if required by the
department of revenue.
(c) Evidence of workers' compensation coverage for the
applicant's employees working in Washington, as follows:
(i) The applicant's industrial insurance account number
issued by the department;
(ii) The applicant's self-insurer number issued by the
department; or
(iii) For applicants domiciled in a state or province of
Canada subject to an agreement entered into under RCW
51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the
workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the
payment of compensation under the other state's or province's
workers' compensation law.
(d) Employment security department number.
(e) State excise tax registration number.
(f) Unified business identifier (UBI) account number
may be substituted for the information required by (c) of this
subsection if the applicant will not employ employees in
Washington, and by (d) and (e) of this subsection.
(g) Type of contracting activity, whether a general or a
specialty contractor and if the latter, the type of specialty.
(h) The name and address of each partner if the applicant
is a firm or partnership, or the name and address of the owner
if the applicant is an individual proprietorship, or the name
and address of the corporate officers and statutory agent, if
any, if the applicant is a corporation or the name and address
of all members of other business entities. The information
contained in such application is a matter of public record and
open to public inspection.
(2) The department may verify the workers' compensation coverage information provided by the applicant under
subsection (1)(c) of this section, including but not limited to
information regarding the coverage of an individual
employee of the applicant. If coverage is provided under the
laws of another state, the department may notify the other
state that the applicant is employing employees in Washington.
(3)(a) The department shall deny an application for registration if: (i) The applicant has been previously performing
work subject to this chapter as a sole proprietor, partnership,
corporation, or other entity and the department has notice that
the applicant has an unsatisfied final judgment against him or
her in an action based on this chapter or the applicant owes
the department money for penalties assessed or fees due
under this chapter as a result of a final judgment; (ii) the
applicant was a principal or officer of a partnership, corporation, or other entity that either has an unsatisfied final judgment against it in an action that was incurred for work performed subject to this chapter or owes the department money
for penalties assessed or fees due under this chapter as a
result of a final judgment; or (iii) the applicant does not have
a valid unified business identifier number, if required by the
department of revenue.
(b) The department shall suspend an active registration if
(i) the department has notice that the registrant is a sole proprietor or a principal or officer of a registered contractor that
has an unsatisfied final judgment against it for work within
the scope of this chapter; or (ii) the applicant does not main[Title 18 RCW—page 60]
tain a valid unified business identifier number, if required by
the department of revenue.
(4) The department shall not deny an application or suspend a registration because of an unsatisfied final judgment if
the applicant's or registrant's unsatisfied final judgment was
determined by the director to be the result of the fraud or negligence of another party. [2001 c 159 § 2; 1998 c 279 § 3;
1997 c 314 § 4; 1996 c 147 § 1; 1992 c 217 § 1; 1988 c 285 §
1. Prior: 1987 c 362 § 2; 1987 c 111 § 9; 1973 1st ex.s. c 153
§ 3; 1963 c 77 § 3.]
Finding—Intent—1998 c 279: See note following RCW 51.12.120.
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
18.27.040
18.27.040 Bond or other security required—Actions
against—Suspension of registration upon impairment.
(1) Each applicant shall file with the department a surety
bond issued by a surety insurer who meets the requirements
of chapter 48.28 RCW in the sum of twelve thousand dollars
if the applicant is a general contractor and six thousand dollars if the applicant is a specialty contractor. If no valid bond
is already on file with the department at the time the application is filed, a bond must accompany the registration application. The bond shall have the state of Washington named as
obligee with good and sufficient surety in a form to be
approved by the department. The bond shall be continuous
and may be canceled by the surety upon the surety giving
written notice to the director. A cancellation or revocation of
the bond or withdrawal of the surety from the bond automatically suspends the registration issued to the registrant until a
new bond or reinstatement notice has been filed and
approved as provided in this section. The bond shall be conditioned that the applicant will pay all persons performing
labor, including employee benefits, for the contractor, will
pay all taxes and contributions due to the state of Washington, and will pay all persons furnishing labor or material or
renting or supplying equipment to the contractor and will pay
all amounts that may be adjudged against the contractor by
reason of breach of contract including negligent or improper
work in the conduct of the contracting business. A change in
the name of a business or a change in the type of business
entity shall not impair a bond for the purposes of this section
so long as one of the original applicants for such bond maintains partial ownership in the business covered by the bond.
(2) At the time of initial registration or renewal, the contractor shall provide a bond or other security deposit as
required by this chapter and comply with all of the other provisions of this chapter before the department shall issue or
renew the contractor's certificate of registration. Any contractor registered as of July 1, 2001, who maintains that registration in accordance with this chapter is in compliance with this
chapter until the next renewal of the contractor's certificate of
registration.
(3) Any person, firm, or corporation having a claim
against the contractor for any of the items referred to in this
section may bring suit upon the bond or deposit in the superior court of the county in which the work was done or of any
county in which jurisdiction of the contractor may be had.
The surety issuing the bond shall be named as a party to any
suit upon the bond. Action upon the bond or deposit brought
by a residential homeowner for breach of contract by a party
(2004 Ed.)
Registration of Contractors
to the construction contract shall be commenced by filing the
summons and complaint with the clerk of the appropriate
superior court within two years from the date the claimed
contract work was substantially completed or abandoned.
Action upon the bond or deposit brought by any other authorized party shall be commenced by filing the summons and
complaint with the clerk of the appropriate superior court
within one year from the date the claimed labor was performed and benefits accrued, taxes and contributions owing
the state of Washington became due, materials and equipment were furnished, or the claimed contract work was substantially completed or abandoned. Service of process in an
action against the contractor, the contractor's bond, or the
deposit shall be exclusively by service upon the department.
Three copies of the summons and complaint and a fee
adopted by rule of not less than twenty dollars to cover the
costs shall be served by registered or certified mail, or other
delivery service requiring notice of receipt, upon the department at the time suit is started and the department shall maintain a record, available for public inspection, of all suits so
commenced. Service is not complete until the department
receives the fee and three copies of the summons and complaint. The service shall constitute service on the registrant
and the surety for suit upon the bond or deposit and the
department shall transmit the summons and complaint or a
copy thereof to the registrant at the address listed in the registrant's application and to the surety within two days after it
shall have been received.
(4) The surety upon the bond shall not be liable in an
aggregate amount in excess of the amount named in the bond
nor for any monetary penalty assessed pursuant to this chapter for an infraction. The liability of the surety shall not
cumulate where the bond has been renewed, continued, reinstated, reissued or otherwise extended. The surety upon the
bond may, upon notice to the department and the parties, tender to the clerk of the court having jurisdiction of the action
an amount equal to the claims thereunder or the amount of the
bond less the amount of judgments, if any, previously satisfied therefrom and to the extent of such tender the surety
upon the bond shall be exonerated but if the actions commenced and pending at any one time exceed the amount of
the bond then unimpaired, claims shall be satisfied from the
bond in the following order:
(a) Employee labor and claims of laborers, including
employee benefits;
(b) Claims for breach of contract by a party to the construction contract;
(c) Registered or licensed subcontractors, material, and
equipment;
(d) Taxes and contributions due the state of Washington;
(e) Any court costs, interest, and attorney's [attorneys']
fees plaintiff may be entitled to recover. The surety is not liable for any amount in excess of the penal limit of its bond.
A payment made by the surety in good faith exonerates
the bond to the extent of any payment made by the surety.
(5) The total amount paid from a bond or deposit
required of a general contractor by this section to claimants
other than residential homeowners must not exceed one-half
of the bond amount. The total amount paid from a bond or
deposit required of a specialty contractor by this section to
claimants other than residential homeowners must not exceed
(2004 Ed.)
18.27.050
one-half of the bond amount or four thousand dollars, whichever is greater.
(6) The prevailing party in an action filed under this section against the contractor and contractor's bond or deposit,
for breach of contract by a party to a construction contract, is
entitled to costs, interest, and reasonable attorneys' fees. The
surety upon the bond is not liable in an aggregate amount in
excess of the amount named in the bond nor for any monetary
penalty assessed pursuant to this chapter for an infraction.
(7) If a final judgment impairs the liability of the surety
upon the bond so furnished that there is not in effect a bond in
the full amount prescribed in this section, the registration of
the contractor is automatically suspended until the bond liability in the required amount unimpaired by unsatisfied judgment claims is furnished.
(8) In lieu of the surety bond required by this section the
contractor may file with the department a deposit consisting
of cash or other security acceptable to the department.
(9) Any person having filed and served a summons and
complaint as required by this section having an unsatisfied
final judgment against the registrant for any items referred to
in this section may execute upon the security held by the
department by serving a certified copy of the unsatisfied final
judgment by registered or certified mail upon the department
within one year of the date of entry of such judgment. Upon
the receipt of service of such certified copy the department
shall pay or order paid from the deposit, through the registry
of the superior court which rendered judgment, towards the
amount of the unsatisfied judgment. The priority of payment
by the department shall be the order of receipt by the department, but the department shall have no liability for payment
in excess of the amount of the deposit.
(10) The director may require an applicant applying to
renew or reinstate a registration or applying for a new registration to file a bond of up to three times the normally
required amount, if the director determines that an applicant,
or a previous registration of a corporate officer, owner, or
partner of a current applicant, has had in the past five years a
total of six final judgments in actions under this chapter
involving a residential single-family dwelling on two or more
different structures.
(11) The director may adopt rules necessary for the
proper administration of the security. [2001 c 159 § 3; 1997
c 314 § 5; 1988 c 139 § 1; 1987 c 362 § 6; 1983 1st ex.s. c 2
§ 18; 1977 ex.s. c 11 § 1; 1973 1st ex.s. c 153 § 4; 1972 ex.s.
c 118 § 2; 1967 c 126 § 1; 1963 c 77 § 4.]
Unpaid wages by public works contractor constitute lien against bond:
RCW 39.12.050.
18.27.050
18.27.050 Insurance or financial responsibility
required—Suspension of registration upon impairment.
(1) At the time of registration and subsequent reregistration,
the applicant shall furnish insurance or financial responsibility in the form of an assigned account in the amount of fifty
thousand dollars for injury or damages to property, and one
hundred thousand dollars for injury or damage including
death to any one person, and two hundred thousand dollars
for injury or damage including death to more than one person.
(2) An expiration, cancellation, or revocation of the
insurance policy or withdrawal of the insurer from the insur[Title 18 RCW—page 61]
18.27.060
Title 18 RCW: Businesses and Professions
ance policy automatically suspends the registration issued to
the registrant until a new insurance policy or reinstatement
notice has been filed and approved as provided in this section.
(3)(a) Proof of financial responsibility authorized in this
section may be given by providing, in the amount required by
subsection (1) of this section, an assigned account acceptable
to the department. The assigned account shall be held by the
department to satisfy any execution on a judgment issued
against the contractor for damage to property or injury or
death to any person occurring in the contractor's contracting
operations, according to the provisions of the assigned
account agreement. The department shall have no liability for
payment in excess of the amount of the assigned account.
(b) The assigned account filed with the director as proof
of financial responsibility shall be canceled at the expiration
of three years after:
(i) The contractor's registration has expired or been
revoked; or
(ii) The contractor has furnished proof of insurance as
required by subsection (1) of this section;
if, in either case, no legal action has been instituted against
the contractor or on the account at the expiration of the threeyear period.
(c) If a contractor chooses to file an assigned account as
authorized in this section, the contractor shall, on any contracting project, notify each person with whom the contractor
enters into a contract or to whom the contractor submits a bid
that the contractor has filed an assigned account in lieu of
insurance and that recovery from the account for any claim
against the contractor for property damage or personal injury
or death occurring in the project requires the claimant to
obtain a court judgment. [2001 c 159 § 4; 1987 c 303 § 1;
1963 c 77 § 5.]
18.27.060 Certificate of registration—Issuance,
duration, renewal—Suspension. (1) A certificate of registration shall be valid for two years and shall be renewed on or
before the expiration date. The department shall issue to the
applicant a certificate of registration upon compliance with
the registration requirements of this chapter.
(2) If the department approves an application, it shall
issue a certificate of registration to the applicant.
(3) If a contractor's surety bond or other security has an
unsatisfied judgment against it or is canceled, or if the contractor's insurance policy is canceled, the contractor's registration shall be automatically suspended on the effective date
of the impairment or cancellation. The department shall mail
notice of the suspension to the contractor's address on the certificate of registration by certified and by first class mail
within two days after suspension.
(4) Renewal of registration is valid on the date the
department receives the required fee and proof of bond and
liability insurance, if sent by certified mail or other means
requiring proof of delivery. The receipt or proof of delivery
shall serve as the contractor's proof of renewed registration
until he or she receives verification from the department.
(5) The department shall immediately suspend the certificate of registration of a contractor who has been certified by
the department of social and health services as a person who
is not in compliance with a support order or a *residential or
18.27.060
[Title 18 RCW—page 62]
visitation order as provided in RCW 74.20A.320. The certificate of registration shall not be reissued or renewed unless
the person provides to the department a release from the
department of social and health services stating that he or she
is in compliance with the order and the person has continued
to meet all other requirements for certification during the suspension. [2001 c 159 § 5. Prior: 1997 c 314 § 6; 1997 c 58 §
817; 1983 1st ex.s. c 2 § 19; 1977 ex.s. c 61 § 1; 1963 c 77 §
6.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.27.065 Partnership or joint venture deemed registered, when. A partnership or joint venture shall be deemed
registered under this chapter if any one of the general partners
or venturers whose name appears in the name under which
the partnership or venture does business is registered. [1983
1st ex.s. c 2 § 16.]
18.27.065
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.070 Fees. The department shall charge fees for
issuance, renewal, and reinstatement of certificates of registration; and changes of name, address, or business structure.
The department shall set the fees by rule.
The entire amount of the fees are to be used solely to
cover the full cost of issuing certificates, filing papers and
notices, and administering and enforcing this chapter. The
costs shall include reproduction, travel, per diem, and administrative and legal support costs. [1997 c 314 § 7; 1983 c 74
§ 1; 1977 ex.s. c 66 § 1; 1973 1st ex.s. c 153 § 5; 1967 c 126
§ 2; 1963 c 77 § 7.]
18.27.070
Effective date—1977 ex.s. c 66: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect on July 1, 1977." [1977 ex.s. c 66 § 2.]
18.27.075 Fees for issuing or renewing certificate of
registration. The department shall charge a fee of one hundred dollars for issuing or renewing a certificate of registration during the 2001-2003 biennium. The department shall
revise this amount at least once every two years for the purpose of recognizing economic changes as reflected by the fiscal growth factor under chapter 43.135 RCW. [2001 c 159 §
14; 1983 c 74 § 2.]
18.27.075
18.27.080 Registration prerequisite to suit. No person engaged in the business or acting in the capacity of a contractor may bring or maintain any action in any court of this
state for the collection of compensation for the performance
of any work or for breach of any contract for which registration is required under this chapter without alleging and proving that he was a duly registered contractor and held a current
18.27.080
(2004 Ed.)
Registration of Contractors
and valid certificate of registration at the time he contracted
for the performance of such work or entered into such contract. For the purposes of this section, the court shall not find
a contractor in substantial compliance with the registration
requirements of this chapter unless: (1) The department has
on file the information required by RCW 18.27.030; (2) the
contractor has a current bond or other security as required by
RCW 18.27.040; and (3) the contractor has current insurance
as required by RCW 18.27.050. In determining under this
section whether a contractor is in substantial compliance with
the registration requirements of this chapter, the court shall
take into consideration the length of time during which the
contractor did not hold a valid certificate of registration.
[1988 c 285 § 2; 1972 ex.s. c 118 § 3; 1963 c 77 § 8.]
18.27.090 Exemptions. The registration provisions of
this chapter do not apply to:
(1) An authorized representative of the United States
government, the state of Washington, or any incorporated
city, town, county, township, irrigation district, reclamation
district, or other municipal or political corporation or subdivision of this state;
(2) Officers of a court when they are acting within the
scope of their office;
(3) Public utilities operating under the regulations of the
utilities and transportation commission in construction, maintenance, or development work incidental to their own business;
(4) Any construction, repair, or operation incidental to
the discovering or producing of petroleum or gas, or the drilling, testing, abandoning, or other operation of any petroleum
or gas well or any surface or underground mine or mineral
deposit when performed by an owner or lessee;
(5) The sale or installation of any finished products,
materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of a
structure;
(6) Any construction, alteration, improvement, or repair
of personal property performed by the registered or legal
owner, or by a mobile/manufactured home retail dealer or
manufacturer licensed under chapter 46.70 RCW who shall
warranty service and repairs under chapter 46.70 RCW;
(7) Any construction, alteration, improvement, or repair
carried on within the limits and boundaries of any site or reservation under the legal jurisdiction of the federal government;
(8) Any person who only furnished materials, supplies,
or equipment without fabricating them into, or consuming
them in the performance of, the work of the contractor;
(9) Any work or operation on one undertaking or project
by one or more contracts, the aggregate contract price of
which for labor and materials and all other items is less than
five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The
exemption prescribed in this subsection does not apply in any
instance wherein the work or construction is only a part of a
larger or major operation, whether undertaken by the same or
a different contractor, or in which a division of the operation
is made into contracts of amounts less than five hundred dollars for the purpose of evasion of this chapter or otherwise.
The exemption prescribed in this subsection does not apply to
18.27.090
(2004 Ed.)
18.27.090
a person who advertises or puts out any sign or card or other
device which might indicate to the public that he or she is a
contractor, or that he or she is qualified to engage in the business of contractor;
(10) Any construction or operation incidental to the construction and repair of irrigation and drainage ditches of regularly constituted irrigation districts or reclamation districts;
or to farming, dairying, agriculture, viticulture, horticulture,
or stock or poultry raising; or to clearing or other work upon
land in rural districts for fire prevention purposes; except
when any of the above work is performed by a registered contractor;
(11) An owner who contracts for a project with a registered contractor, except that this exemption shall not deprive
the owner of the protections of this chapter against registered
and unregistered contractors;
(12) Any person working on his or her own property,
whether occupied by him or her or not, and any person working on his or her personal residence, whether owned by him
or her or not but this exemption shall not apply to any person
otherwise covered by this chapter who constructs an
improvement on his or her own property with the intention
and for the purpose of selling the improved property;
(13) Owners of commercial properties who use their own
employees to do maintenance, repair, and alteration work in
or upon their own properties;
(14) A licensed architect or civil or professional engineer
acting solely in his or her professional capacity, an electrician
licensed under the laws of the state of Washington, or a
plumber licensed under the laws of the state of Washington or
licensed by a political subdivision of the state of Washington
while operating within the boundaries of such political subdivision. The exemption provided in this subsection is applicable only when the licensee is operating within the scope of his
or her license;
(15) Any person who engages in the activities herein regulated as an employee of a registered contractor with wages
as his or her sole compensation or as an employee with wages
as his or her sole compensation;
(16) Contractors on highway projects who have been
prequalified as required by RCW 47.28.070, with the department of transportation to perform highway construction,
reconstruction, or maintenance work;
(17) A mobile/manufactured home dealer or manufacturer who subcontracts the installation, set-up, or repair work
to actively registered contractors. This exemption only
applies to the installation, set-up, or repair of the
mobile/manufactured homes that were manufactured or sold
by the mobile/manufactured home dealer or manufacturer;
(18) An entity who holds a valid electrical contractor's
license under chapter 19.28 RCW that employs a certified
journeyman electrician, a certified residential specialty electrician, or an electrical trainee meeting the requirements of
chapter 19.28 RCW to perform plumbing work that is incidentally, directly, and immediately appropriate to the like-inkind replacement of a household appliance or other small
household utilization equipment that requires limited electric
power and limited waste and/or water connections. An electrical trainee must be supervised by a certified electrician
while performing plumbing work. [2003 c 399 § 401; 2001 c
159 § 7; 1997 c 314 § 8; 1987 c 313 § 1; 1983 c 4 § 1; 1980 c
[Title 18 RCW—page 63]
18.27.100
Title 18 RCW: Businesses and Professions
68 § 2; 1974 ex.s. c 25 § 2. Prior: 1973 1st ex.s. c 161 § 1;
1973 1st ex.s. c 153 § 6; 1967 c 126 § 3; 1965 ex.s. c 170 §
50; 1963 c 77 § 9.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
18.27.100
18.27.100 Business practices—Advertising—Penalty. (1) Except as provided in RCW 18.27.065 for partnerships and joint ventures, no person who has registered under
one name as provided in this chapter shall engage in the business, or act in the capacity, of a contractor under any other
name unless such name also is registered under this chapter.
(2) All advertising and all contracts, correspondence,
cards, signs, posters, papers, and documents which show a
contractor's name or address shall show the contractor's name
or address as registered under this chapter.
(3)(a) All advertising that shows the contractor's name or
address shall show the contractor's current registration number. The registration number may be omitted in an alphabetized listing of registered contractors stating only the name,
address, and telephone number: PROVIDED, That signs on
motor vehicles subject to RCW 46.16.010 and on-premise
signs shall not constitute advertising as provided in this section. All materials used to directly solicit business from retail
customers who are not businesses shall show the contractor's
current registration number. A contractor shall not use a false
or expired registration number in purchasing or offering to
purchase an advertisement for which a contractor registration
number is required. Advertising by airwave transmission
shall not be subject to this subsection (3)(a).
(b) The director may issue a subpoena to any person or
entity selling any advertising subject to this section for the
name, address, and telephone number provided to the seller
of the advertising by the purchaser of the advertising. The
subpoena must have enclosed a stamped, self-addressed
envelope and blank form to be filled out by the seller of the
advertising. If the seller of the advertising has the information
on file, the seller shall, within a reasonable time, return the
completed form to the department. The subpoena must be
issued no more than two days after the expiration of the issue
or publication containing the advertising or after the broadcast of the advertising. The good-faith compliance by a seller
of advertising with a written request of the department for
information concerning the purchaser of advertising shall
constitute a complete defense to any civil or criminal action
brought against the seller of advertising arising from such
compliance. Advertising by airwave or electronic transmission is subject to this subsection (3)(b).
(4) No contractor shall advertise that he or she is bonded
and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter.
(5) A contractor shall not falsify a registration number
and use it, or use an expired registration number, in connection with any solicitation or identification as a contractor. All
individual contractors and all partners, associates, agents,
salesmen, solicitors, officers, and employees of contractors
shall use their true names and addresses at all times while
engaged in the business or capacity of a contractor or activities related thereto.
(6) Any advertising by a person, firm, or corporation
soliciting work as a contractor when that person, firm, or cor[Title 18 RCW—page 64]
poration is not registered pursuant to this chapter is a violation of this chapter.
(7)(a) The finding of a violation of this section by the
director at a hearing held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, shall subject the person committing the violation to a penalty of not more than ten
thousand dollars as determined by the director.
(b) Penalties under this section shall not apply to a violation determined to be an inadvertent error. [2001 c 159 § 8;
1997 c 314 § 9; 1996 c 147 § 2; 1993 c 454 § 3; 1990 c 46 §
1; 1987 c 362 § 3; 1980 c 68 § 1; 1979 ex.s. c 116 § 1; 1963
c 77 § 10.]
Effective date—1996 c 147 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [March 25, 1996]." [1996 c 147 § 10.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1979 ex.s. c 116: "The provisions of this 1979 amendatory act shall become effective on January 1, 1980." [1979 ex.s. c 116 § 2.]
18.27.102
18.27.102 Unlawful advertising—Liability. When
determining a violation of RCW 18.27.100, the director and
administrative law judge shall hold responsible the person
who purchased or offered to purchase the advertising. [1993
c 454 § 4; 1987 c 362 § 4.]
Finding—1993 c 454: See note following RCW 18.27.010.
18.27.104
18.27.104 Unlawful advertising—Citations. (1) If,
upon investigation, the director or the director's designee has
probable cause to believe that a person holding a registration,
an applicant for registration, or a person acting in the capacity
of a contractor who is not otherwise exempted from this
chapter, has violated RCW 18.27.100 by unlawfully advertising for work covered by this chapter, the department may
issue a citation containing an order of correction. Such order
shall require the violator to cease the unlawful advertising.
(2) If the person to whom a citation is issued under subsection (1) of this section notifies the department in writing
that he or she contests the citation, the department shall
afford an opportunity for an adjudicative proceeding under
chapter 34.05 RCW within thirty days after receiving the
notification. [1997 c 314 § 10; 1989 c 175 § 61; 1987 c 362
§ 5.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.27.110
18.27.110 Building permits—Verification of registration required—Responsibilities of issuing entity—Penalties. (1) No city, town or county shall issue a construction
building permit for work which is to be done by any contractor required to be registered under this chapter without verification that such contractor is currently registered as required
by law. When such verification is made, nothing contained in
this section is intended to be, nor shall be construed to create,
or form the basis for any liability under this chapter on the
part of any city, town or county, or its officers, employees or
agents. However, failure to verify the contractor registration
number results in liability to the city, town, or county to a
penalty to be imposed according to RCW 18.27.100(7)(a).
(2) At the time of issuing the building permit, all cities,
towns, or counties are responsible for:
(2004 Ed.)
Registration of Contractors
(a) Printing the contractor registration number on the
building permit; and
(b) Providing a written notice to the building permit
applicant informing them of contractor registration laws and
the potential risk and monetary liability to the homeowner for
using an unregistered contractor.
(3) If a building permit is obtained by an applicant or
contractor who falsifies information to obtain an exemption
provided under RCW 18.27.090, the building permit shall be
forfeited. [1997 c 314 § 11; 1993 c 454 § 5; 1986 c 197 § 14;
1967 c 126 § 4.]
Finding—1993 c 454: See note following RCW 18.27.010.
18.27.111
18.27.111 Public works, contracts with unregistered
contractors prohibited. See RCW 39.06.010.
18.27.117
If a supplier of materials used in your construction
project or an employee or subcontractor of your
contractor or subcontractors is not paid, your property may be liened to force payment and you could
pay twice for the same work.
FOR ADDITIONAL PROTECTION, YOU
MAY REQUEST THE CONTRACTOR TO
PROVIDE YOU WITH ORIGINAL "LIEN
RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR
PROJECT.
The contractor is required to provide you with further information about lien release documents if you
request it. General information is also available
from the state Department of Labor and Industries."
18.27.114
18.27.114 Disclosure statement required—Prerequisite to lien claim. (1) Any contractor agreeing to perform
any contracting project: (a) For the repair, alteration, or construction of four or fewer residential units or accessory structures on such residential property when the bid or contract
price totals one thousand dollars or more; or (b) for the repair,
alteration, or construction of a commercial building when the
bid or contract price totals one thousand dollars or more but
less than sixty thousand dollars, must provide the customer
with the following disclosure statement in substantially the
following form using lower case and upper case twelve-point
and bold type where appropriate, prior to starting work on the
project:
"NOTICE TO CUSTOMER
This contractor is registered with the state of Washington, registration no. . . ., and has posted with the
state a bond or deposit of . . . . . for the purpose of
satisfying claims against the contractor for breach of
contract including negligent or improper work in the
conduct of the contractor's business. The expiration
date of this contractor's registration is . . . . ..
THIS BOND OR DEPOSIT MIGHT NOT BE
SUFFICIENT TO COVER A CLAIM THAT
MIGHT ARISE FROM THE WORK DONE
UNDER YOUR CONTRACT.
This bond or deposit is not for your exclusive use
because it covers all work performed by this contractor. The bond or deposit is intended to pay valid
claims up to . . . . . that you and other customers,
suppliers, subcontractors, or taxing authorities may
have.
FOR GREATER PROTECTION YOU MAY
WITHHOLD A PERCENTAGE OF YOUR
CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage for a
stated period of time to provide protection to you
and help insure that your project will be completed
as required by your contract.
YOUR PROPERTY MAY BE LIENED.
(2004 Ed.)
(2) A contractor subject to this section shall notify any
consumer to whom notice is required under subsection (1) of
this section if the contractor's registration has expired or is
revoked or suspended by the department prior to completion
or other termination of the contract with the consumer.
(3) No contractor subject to this section may bring or
maintain any lien claim under chapter 60.04 RCW based on
any contract to which this section applies without alleging
and proving that the contractor has provided the customer
with a copy of the disclosure statement as required in subsection (1) of this section.
(4) This section does not apply to contracts authorized
under chapter 39.04 RCW or to contractors contracting with
other contractors.
(5) Failure to comply with this section shall constitute an
infraction under the provisions of this chapter.
(6) The department shall produce model disclosure statements, and public service announcements detailing the information needed to assist contractors and contractors' customers to comply under this section. As necessary, the department shall periodically update these education materials.
[2001 c 159 § 9; 1997 c 314 § 12; 1988 c 182 § 1; 1987 c 419
§ 1.]
Voluntary compliance with notification requirements: "Nothing in
RCW 18.27.114 shall be construed to prohibit a contractor from voluntarily
complying with the notification requirements of that section which take
effect July 1, 1989, prior to that date." [1988 c 182 § 2.]
18.27.117
18.27.117 Violations relating to mobile/manufactured homes. The legislature finds that setting up and siting
mobile/manufactured homes must be done properly for the
health, safety, and enjoyment of the occupants. Therefore,
when any of the following cause a health and safety risk to
the occupants of a mobile/manufactured home, or severely
hinder the use and enjoyment of the mobile/manufactured
home, a violation of RCW 19.86.020 shall have occurred:
(1) The mobile/manufactured home has been improperly
installed by a contractor registered under chapter 18.27
RCW, or a mobile/manufactured dealer or manufacturer
licensed under chapter 46.70 RCW;
(2) A warranty given under chapter 18.27 RCW or chapter 46.70 RCW has not been fulfilled by the person or business giving the warranty; and
[Title 18 RCW—page 65]
18.27.120
Title 18 RCW: Businesses and Professions
(3) A bonding company that issues a bond under chapter
18.27 RCW or chapter 46.70 RCW does not reasonably and
professionally investigate and resolve claims made by injured
parties. [1997 c 314 § 13; 1987 c 313 § 2.]
18.27.120
18.27.120 List of registered contractors—Availability, fee. (1) The department shall compile a list of all contractors registered under this chapter and update the list at least
bimonthly. The list shall be considered as public record information and shall be available to the public upon request:
PROVIDED, That the department may charge a reasonable
fee under RCW 42.17.300.
(2) The department shall inform any person, firm, or corporation, if a contractor is registered, and if a contractor is
bonded or insured, without charge except for a reasonable fee
under RCW 42.17.300 for copies made. [1983 1st ex.s. c 2 §
20; 1973 1st ex.s. c 153 § 7; 1972 ex.s. c 118 § 5.]
(d) If the contractor is a contractor as defined in RCW
18.106.010, violate RCW 18.106.320.
(2) Each day that a contractor works without being registered as required by this chapter, works while the contractor's
registration is suspended or revoked, or works under a registration issued to another contractor is a separate infraction.
Each worksite at which a contractor works without being registered as required by this chapter, works while the contractor's registration is suspended or revoked, or works under a
registration issued to another contractor is a separate infraction. [2002 c 82 § 6; 1997 c 314 § 14; 1993 c 454 § 7; 1983
1st ex.s. c 2 § 1.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: "Sections 1 through 17 of this act
shall take effect January 1, 1984." [1983 1st ex.s. c 2 § 24.]
Prohibited acts—Criminal penalties: RCW 18.27.020.
18.27.210
Fees, generally: RCW 18.27.070.
18.27.125
18.27.125 Rules. The director shall adopt rules in compliance with chapter 34.05 RCW to effect the purposes of this
chapter. [1986 c 197 § 12.]
18.27.130
18.27.130 Chapter exclusive—Certain authority of
cities and towns not limited or abridged. The provisions of
this chapter relating to the registration or licensing of any person, firm, or corporation, including the requirement of a bond
with the state of Washington named as obligee therein and
the collection of a fee therefor, shall be exclusive and no
political subdivision of the state of Washington shall require
or issue any registrations, licenses, or bonds nor charge any
fee for the same or a similar purpose: PROVIDED, That
nothing herein shall limit or abridge the authority of any city
or town to levy and collect a general and nondiscriminatory
license fee levied upon all businesses, or to levy a tax based
upon gross business conducted by any firm within said city:
PROVIDED, FURTHER, That nothing herein shall limit the
authority of any city or town with respect to contractors not
required to be registered under this chapter. [1972 ex.s. c 118
§ 4.]
18.27.210 Violations—Investigations—Evidence. (1)
The director shall appoint compliance inspectors to investigate alleged or apparent violations of this chapter. The director, or authorized compliance inspector, upon presentation of
appropriate credentials, may inspect and investigate job sites
at which a contractor had bid or presently is working to determine whether the contractor is registered in accordance with
this chapter or the rules adopted under this chapter or whether
there is a violation of RCW 18.27.200. Upon request of the
compliance inspector of the department, a contractor or an
employee of the contractor shall provide information identifying the contractor.
(2) If the employee of an unregistered contractor is cited
by a compliance inspector, that employee is cited as the agent
of the employer-contractor, and issuance of the infraction to
the employee is notice to the employer-contractor that the
contractor is in violation of this chapter. An employee who is
cited by a compliance inspector shall not be liable for any of
the alleged violations contained in the citation unless the
employee is also the contractor. [1993 c 454 § 8; 1987 c 419
§ 2; 1986 c 197 § 2; 1983 1st ex.s. c 2 § 2.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.140
18.27.140 Purpose. It is the purpose of this chapter to
afford protection to the public including all persons, firms,
and corporations furnishing labor, materials, or equipment to
a contractor from unreliable, fraudulent, financially irresponsible, or incompetent contractors. [1983 1st ex.s. c 2 § 21;
1973 1st ex.s. c 161 § 2.]
18.27.220
18.27.220 Investigations—Penalty for failure to identify contractor. Wilful refusal to provide information identifying a contractor as required by RCW 18.27.210 is a misdemeanor. [1983 1st ex.s. c 2 § 12.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.200
18.27.200 Violation—Infraction. (1) It is a violation
of this chapter and an infraction for any contractor to:
(a) Advertise, offer to do work, submit a bid, or perform
any work as a contractor without being registered as required
by this chapter;
(b) Advertise, offer to do work, submit a bid, or perform
any work as a contractor when the contractor's registration is
suspended or revoked;
(c) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a
registration issued to another contractor; or
[Title 18 RCW—page 66]
18.27.225
18.27.225 Violations—Restraining orders—Injunctions. (1) If, upon inspection or investigation, the director or
authorized compliance inspector reasonably believes that a
contractor has failed to register in accordance with this chapter or the rules adopted under this chapter, the director shall
issue an order immediately restraining further construction
work at the job site by the contractor. The order shall describe
the specific violation that necessitated issuance of the
restraining order. The contractor or representative to whom
the restraining order is directed may request a hearing before
an administrative law judge, such hearing to be conducted
(2004 Ed.)
Registration of Contractors
pursuant to chapter 34.05 RCW. A request for hearing shall
not stay the effect of the restraining order.
(2) In addition to and after having invoked the powers of
restraint vested in the director as provided in subsection (1) of
this section, the director, through the attorney general, may
petition the superior court of the state of Washington to
enjoin any activity in violation of this chapter. A prima facie
case for issuance of an injunction shall be established by affidavits and supporting documentation demonstrating that a
restraining order was served upon the contractor and that the
contractor continued to work after service of the order. Upon
the filing of the petition, the superior court shall have jurisdiction to grant injunctive or other appropriate relief, pending
the outcome of enforcement proceedings under this chapter,
or to enforce restraining orders issued by the director. If the
contractor fails to comply with any court order, the director
shall request the attorney general to petition the superior
court for an order holding the contractor in contempt of court
and for any other appropriate relief. [1987 c 419 § 3.]
18.27.230 Notice of infraction—Service. The department may issue a notice of infraction if the department reasonably believes that the contractor has committed an infraction under this chapter. A notice of infraction issued under
this section shall be personally served on the contractor
named in the notice by the department's compliance inspectors or service can be made by certified mail directed to the
contractor named in the notice of infraction. If the contractor
named in the notice of infraction is a firm or corporation, the
notice may be personally served on any employee of the firm
or corporation. If a notice of infraction is personally served
upon an employee of a firm or corporation, the department
shall within four days of service send a copy of the notice by
certified mail to the contractor if the department is able to
obtain the contractor's address. [1997 c 314 § 15; 1993 c 454
§ 9; 1986 c 197 § 3; 1983 1st ex.s. c 2 § 3.]
18.27.230
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.240 Notice—Form—Contents. The form of the
notice of infraction issued under this chapter shall include the
following:
(1) A statement that the notice represents a determination
that the infraction has been committed by the contractor
named in the notice and that the determination shall be final
unless contested as provided in this chapter;
(2) A statement that the infraction is a noncriminal
offense for which imprisonment shall not be imposed as a
sanction;
(3) A statement of the specific violation which necessitated issuance of the infraction;
(4) A statement of penalty involved if the infraction is
established;
(5) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(6) A statement that at any hearing to contest the notice
of infraction the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed;
and that the contractor may subpoena witnesses, including
18.27.240
(2004 Ed.)
18.27.270
the compliance inspector of the department who issued and
served the notice of infraction;
(7) A statement, which the person who has been served
with the notice of infraction shall sign, that the contractor
promises to respond to the notice of infraction in one of the
ways provided in this chapter;
(8) A statement that refusal to sign the infraction as
directed in subsection (7) of this section is a misdemeanor
and may be punished by a fine or imprisonment in jail; and
(9) A statement that a contractor's failure to respond to a
notice of infraction as promised is a misdemeanor and may be
punished by a fine or imprisonment in jail. [1986 c 197 § 4;
1983 1st ex.s. c 2 § 5.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.250 Notice—Filing—Administrative hearing—
Appeal. A violation designated as an infraction under this
chapter shall be heard and determined by an administrative
law judge of the office of administrative hearings. If a party
desires to contest the notice of infraction, the party shall file
a notice of appeal with the department, within twenty days of
issuance of the infraction. The administrative law judge shall
conduct hearings in these cases at locations in the county
where the infraction occurred. [1986 c 197 § 5; 1983 1st ex.s.
c 2 § 4.]
18.27.250
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.260
18.27.260 Notice—Determination infraction committed. Unless contested in accordance with this chapter, the
notice of infraction represents a determination that the contractor to whom the notice was issued committed the infraction. [1983 1st ex.s. c 2 § 6.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.270
18.27.270 Notice—Response—Failure to respond,
appear, pay penalties, or register. (1) A contractor who is
issued a notice of infraction shall respond within twenty days
of the date of issuance of the notice of infraction.
(2) If the contractor named in the notice of infraction
does not elect to contest the notice of infraction, then the contractor shall pay to the department, by check or money order,
the amount of the penalty prescribed for the infraction. When
a response which does not contest the notice of infraction is
received by the department with the appropriate penalty, the
department shall make the appropriate entry in its records.
(3) If the contractor named in the notice of infraction
elects to contest the notice of infraction, the contractor shall
respond by filing an answer of protest with the department
specifying the grounds of protest.
(4) If any contractor issued a notice of infraction fails to
respond within the prescribed response period, the contractor
shall be guilty of a misdemeanor and prosecuted in the county
where the infraction occurred.
(5) After final determination by an administrative law
judge that an infraction has been committed, a contractor who
fails to pay a monetary penalty within thirty days, that is not
waived pursuant to RCW 18.27.340(2), and who fails to file
an appeal pursuant to RCW 18.27.310(4), shall be guilty of a
[Title 18 RCW—page 67]
18.27.280
Title 18 RCW: Businesses and Professions
misdemeanor and be prosecuted in the county where the
infraction occurred.
(6) A contractor who fails to pay a monetary penalty
within thirty days after exhausting appellate remedies pursuant to RCW 18.27.310(4), shall be guilty of a misdemeanor
and be prosecuted in the county where the infraction
occurred.
(7) If a contractor who is issued a notice of infraction is
a contractor who has failed to register as a contractor under
this chapter, the contractor is subject to a monetary penalty
per infraction as provided in the schedule of penalties established by the department, and each day the person works
without becoming registered is a separate infraction. [2000 c
171 § 9; 1997 c 314 § 16; 1986 c 197 § 6; 1983 1st ex.s. c 2 §
7.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.280
18.27.280 Notice—Penalty for person refusing to
promise to respond. It is a misdemeanor for any person who
has been personally served with a notice of infraction to
refuse to sign a written promise to respond to the notice.
[1983 1st ex.s. c 2 § 10.]
law in its decision and order determining whether the infraction was committed.
(4) An appeal from the administrative law judge's determination or order shall be to the superior court. The decision
of the superior court is subject only to discretionary review
pursuant to Rule 2.3 of the Rules of Appellate Procedure.
[2001 c 159 § 10; 1993 c 454 § 10; 1986 c 197 § 8; 1983 1st
ex.s. c 2 § 9.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.320 Infraction—Dismissal, when. The administrative law judge shall dismiss the notice of infraction at any
time upon written notification from the department that the
contractor named in the notice of infraction was registered,
without suspension, at the time the work was performed.
[2001 c 159 § 11; 1993 c 454 § 11; 1986 c 197 § 9; 1983 1st
ex.s. c 2 § 13.]
18.27.320
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.340 Infraction—Monetary penalty. (1) Except
as otherwise provided in subsection (3) of this section, a contractor found to have committed an infraction under RCW
18.27.200 shall be assessed a monetary penalty of not less
than two hundred dollars and not more than five thousand
dollars.
(2) The director may waive collection in favor of payment of restitution to a consumer complainant.
(3) A contractor found to have committed an infraction
under RCW 18.27.200 for failure to register shall be assessed
a fine of not less than one thousand dollars, nor more than
five thousand dollars. The director may reduce the penalty for
failure to register, but in no case below five hundred dollars,
if the person becomes registered within ten days of receiving
a notice of infraction and the notice of infraction is for a first
offense.
(4) Monetary penalties collected under this chapter shall
be deposited in the general fund. [1997 c 314 § 17; 1986 c
197 § 10; 1983 1st ex.s. c 2 § 15.]
18.27.340
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.290
18.27.290 Notice—Penalty for contractor failing to
respond. It is a misdemeanor for a contractor who has been
personally served with a notice of infraction to wilfully violate the written promise to respond to a notice of infraction as
provided in this chapter, regardless of the ultimate disposition
of the infraction. [1983 1st ex.s. c 2 § 11.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.300
18.27.300 Representation by attorney, attorney general. A contractor subject to proceedings under this chapter
may appear or be represented by counsel. The department
shall be represented by the attorney general in administrative
proceedings and any subsequent appeals under this chapter.
[1986 c 197 § 7; 1983 1st ex.s. c 2 § 8.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.310
18.27.310 Infraction—Administrative hearing—Procedure—Burden of proof—Order—Appeal. (1) The
administrative law judge shall conduct contractors' notice of
infraction cases pursuant to chapter 34.05 RCW.
(2) The burden of proof is on the department to establish
the commission of the infraction by a preponderance of the
evidence. The notice of infraction shall be dismissed if the
defendant establishes that, at the time the work was performed, the defendant was registered by the department,
without suspension, or was exempt from registration.
(3) After consideration of the evidence and argument,
the administrative law judge shall determine whether the
infraction was committed. If it has not been established that
the infraction was committed, an order dismissing the notice
shall be entered in the record of the proceedings. If it has been
established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of
[Title 18 RCW—page 68]
18.27.342 Report to the legislature. Beginning
December 1, 1997, the department shall report by December
1st each year to the commerce and labor committees of the
senate and house of representatives and the ways and means
committee of the senate and the appropriations committee of
the house of representatives, or successor committees, the
following information for the previous three fiscal years:
(1) The number of contractors found to have committed
an infraction for failure to register;
(2) The number of contractors identified in subsection
(1) of this section who were assessed a monetary penalty and
the amount of the penalties assessed;
(3) The amount of the penalties reported in subsection
(2) of this section that was collected; and
(4) The amount of the penalties reported in subsection
(2) of this section that was waived. [1997 c 314 § 19.]
18.27.342
(2004 Ed.)
Registration of Contractors
18.27.350 Violations—Consumer Protection Act.
The consumers of this state have a right to be protected from
unfair or deceptive acts or practices when they enter into contracts with contractors. The fact that a contractor is found to
have committed a misdemeanor or infraction under this chapter shall be deemed to affect the public interest and shall constitute a violation of chapter 19.86 RCW. The surety bond
shall not be liable for monetary penalties or violations of
chapter 19.86 RCW. [1986 c 197 § 11.]
18.27.350
18.27.360
18.27.360 Certificate of registration suspension—
Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate of registration
of any person who has been certified by a lending agency and
reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must
provide the person an opportunity for a brief adjudicative
proceeding under RCW 34.05.485 through 34.05.494 and
issue a finding of nonpayment or default on a federally or
state-guaranteed educational loan or service-conditional
scholarship. The person's certificate of registration shall not
be reissued until the person provides the director a written
release issued by the lending agency stating that the person is
making payments on the loan in accordance with a repayment
agreement approved by the lending agency. If the person has
continued to meet all other requirements for certification of
registration during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 7.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.27.370 Unregistered contractor—Defaults in payment—Notice of assessment—Warrant—Notice and
order, withhold property—Service—Civil penalties. (1)
If an unregistered contractor defaults in a payment, penalty,
or fine due to the department, the director or the director's
designee may issue a notice of assessment certifying the
amount due. The notice must be served upon the unregistered
contractor by mailing the notice to the unregistered contractor by certified mail to the unregistered contractor's last
known address or served in the manner prescribed for the service of a summons in a civil action.
(2) A notice of assessment becomes final thirty days
from the date the notice was served upon the unregistered
contractor unless a written request for reconsideration is filed
with the department or an appeal is filed in a court of competent jurisdiction in the manner specified in RCW 34.05.510
through 34.05.598. The request for reconsideration must set
forth with particularity the reason for the unregistered contractor's request. The department, within thirty days after
receiving a written request for reconsideration, may modify
or reverse a notice of assessment, or may hold a notice of
assessment in abeyance pending further investigation. If a
final decision of a court in favor of the department is not
appealed within the time allowed by law, then the amount of
the unappealed assessment, or such amount of the assessment
as is found due by the final decision of the court, is final.
(3) The director or the director's designee may file with
the clerk of any county within the state, a warrant in the
amount of the notice of assessment, plus interest, penalties,
18.27.370
(2004 Ed.)
18.27.370
and a filing fee of twenty dollars. The clerk of the county in
which the warrant is filed shall immediately designate a superior court cause number for the warrant, and the clerk shall
cause to be entered in the judgment docket under the superior
court cause number assigned to the warrant, the name of the
unregistered contractor mentioned in the warrant, the amount
of payment, penalty, fine due on it, or filing fee, and the date
when the warrant was filed. The aggregate amount of the
warrant as docketed shall become a lien upon the title to, and
interest in, all real and personal property of the unregistered
contractor against whom the warrant is issued, the same as a
judgment in a civil case docketed in the office of the clerk.
The sheriff shall proceed upon the warrant in all respects and
with like effect as prescribed by law with respect to execution
or other process issued against rights or property upon judgment in a court of competent jurisdiction. The warrant so
docketed is sufficient to support the issuance of writs of garnishment in favor of the state in a manner provided by law in
case of judgment, wholly or partially unsatisfied. The clerk of
the court is entitled to a filing fee which will be added to the
amount of the warrant. A copy of the warrant shall be mailed
to the unregistered contractor within three days of filing with
the clerk.
(4) The director or the director's designee may issue to
any person, firm, corporation, other entity, municipal corporation, political subdivision of the state, a public corporation,
or any agency of the state, a notice and order to withhold and
deliver property of any kind whatsoever when he or she has
reason to believe that there is in the possession of the person,
firm, corporation, other entity, municipal corporation, political subdivision of the state, public corporation, or agency of
the state, property that is or will become due, owing, or
belonging to an unregistered contractor upon whom a notice
of assessment has been served by the department for payments, penalties, or fines due to the department. The effect of
a notice and order is continuous from the date the notice and
order is first made until the liability out of which the notice
and order arose is satisfied or becomes unenforceable
because of lapse of time. The department shall release the
notice and order when the liability out of which the notice
and order arose is satisfied or becomes unenforceable by reason of lapse of time and shall notify the person against whom
the notice and order was made that the notice and order has
been released.
The notice and order to withhold and deliver must be
served by the sheriff of the county or by the sheriff's deputy,
by certified mail, return receipt requested, or by an authorized
representative of the director. A person, firm, corporation,
other entity, municipal corporation, political subdivision of
the state, public corporation, or agency of the state upon
whom service has been made shall answer the notice within
twenty days exclusive of the day of service, under oath and in
writing, and shall make true answers to the matters inquired
of in the notice and order. Upon service of the notice and
order, if the party served possesses any property that may be
subject to the claim of the department, the party shall
promptly deliver the property to the director or the director's
authorized representative. The director shall hold the property in trust for application on the unregistered contractor's
indebtedness to the department, or for return without interest,
in accordance with a final determination of a petition for
[Title 18 RCW—page 69]
18.27.380
Title 18 RCW: Businesses and Professions
review. In the alternative, the party shall furnish a good and
sufficient surety bond satisfactory to the director conditioned
upon final determination of liability. If a party served and
named in the notice fails to answer the notice within the time
prescribed in this section, the court may render judgment by
default against the party for the full amount claimed by the
director in the notice, together with costs. If a notice is served
upon an unregistered contractor and the property subject to it
is wages, the unregistered contractor may assert in the answer
all exemptions provided for by chapter 6.27 RCW to which
the wage earner is entitled.
(5) In addition to the procedure for collection of a payment, penalty, or fine due to the department as set forth in this
section, the department may recover civil penalties imposed
under this chapter in a civil action in the name of the department brought in a court of competent jurisdiction of the
county where the violation is alleged to have occurred. [2001
c 159 § 6.]
18.27.380
18.27.380 Consumer/contractor awareness of chapter. (1) The department shall use reasonable means, including working cooperatively with construction industry, financial institution, local government, consumer, media, and
other interested organizations and individuals, to increase:
(a) Consumer awareness of the requirements of this
chapter and the methods available to consumers to protect
themselves against loss; and
(b) Contractor awareness of the obligations imposed on
contractors by this chapter.
(2) The department shall accomplish the tasks listed in
this section within existing resources, including but not limited to fees charged under RCW 18.27.075. [2001 c 159 §
12.]
18.27.390
18.27.390 Finding—Unregistered contractors
enforcement team. (1) The legislature finds that it is contrary to public policy to allow unregistered contractors to
continue doing business illegally.
(2) The department of labor and industries, the employment security department, and the department of revenue
shall establish an unregistered contractors enforcement team.
The team shall develop a written plan to coordinate the activities of the participating agencies to enforce the state's contractor registration laws and rules and other state laws and
rules deemed appropriate by the team. In developing the plan,
the team shall seek the input and advice of interested stakeholders who support the work of the team.
(3) The director or the director's designee shall call the
initial meeting of the unregistered contractors enforcement
team by September 1, 2001. The team shall complete the plan
and forward it to the appropriate standing committees of the
legislature and to the departments that contribute members to
the team by December 1, 2001.
(4) The department of labor and industries, the employment security department, and the department of revenue
shall accomplish the tasks listed in this section within existing resources, including but not limited to fees charged under
RCW 18.27.075. [2001 c 159 § 13.]
[Title 18 RCW—page 70]
18.27.900
18.27.900 Severability—1963 c 77. If any provision of
this chapter is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the chapter and the
applicability thereof to other persons and circumstances shall
not be affected thereby. [1963 c 77 § 11.]
Chapter 18.28
Chapter 18.28 RCW
DEBT ADJUSTING
Sections
18.28.010
18.28.080
18.28.090
18.28.100
18.28.110
18.28.120
18.28.130
18.28.140
18.28.150
18.28.165
18.28.180
18.28.185
18.28.190
18.28.200
18.28.210
18.28.220
18.28.900
18.28.910
Definitions.
Fees for debt adjusting services—Limitations—Requirements.
Excess charges—Contract void—Return of payments.
Contract requirements.
Debt adjuster—Functions required to be performed.
Debt adjuster—Prohibited acts.
Legal services—Rendering or obtaining—Using name of
attorney—Prohibited.
Assignment of wages not prohibited.
Trust account for payments by debtor—Disbursements.
Investigations.
Administrative procedure act to govern administration.
Violations—Unfair practice under chapter 19.86 RCW.
Violations—Penalty.
Violations—Injunctions.
Violations—Assurance of discontinuance—Effect.
Violation of injunction—Civil penalty.
Saving prior contracts.
Severability—1967 c 201.
18.28.010
18.28.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Debt adjusting" means the managing, counseling,
settling, adjusting, prorating, or liquidating of the indebtedness of a debtor, or receiving funds for the purpose of distributing said funds among creditors in payment or partial payment of obligations of a debtor.
(2) "Debt adjuster", which includes any person known as
a debt pooler, debt manager, debt consolidator, debt prorater,
or credit counselor, is any person engaging in or holding himself or herself out as engaging in the business of debt adjusting for compensation. The term shall not include:
(a) Attorneys at law, escrow agents, accountants, brokerdealers in securities, or investment advisors in securities,
while performing services solely incidental to the practice of
their professions;
(b) Any person, partnership, association, or corporation
doing business under and as permitted by any law of this state
or of the United States relating to banks, consumer finance
businesses, consumer loan companies, trust companies,
mutual savings banks, savings and loan associations, building
and loan associations, credit unions, crop credit associations,
development credit corporations, industrial development corporations, title insurance companies, or insurance companies;
(c) Persons who, as employees on a regular salary or
wage of an employer not engaged in the business of debt
adjusting, perform credit services for their employer;
(d) Public officers while acting in their official capacities
and persons acting under court order;
(e) Any person while performing services incidental to
the dissolution, winding up or liquidation of a partnership,
corporation, or other business enterprise;
(2004 Ed.)
Debt Adjusting
(f) Nonprofit organizations dealing exclusively with
debts owing from commercial enterprises to business creditors;
(g) Nonprofit organizations engaged in debt adjusting
and which do not assess against the debtor a service charge in
excess of fifteen dollars per month.
(3) "Debt adjusting agency" is any partnership, corporation, or association engaging in or holding itself out as engaging in the business of debt adjusting. [1999 c 151 § 101; 1979
c 156 § 1; 1970 ex.s. c 97 § 1; 1967 c 201 § 1.]
Part headings not law—1999 c 151: "Part headings used in this act are
not any part of the law." [1999 c 151 § 2401.]
Effective date—1999 c 151: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999."
[1999 c 151 § 2402.]
Effective date—1979 c 156: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1979." [1979 c 156 § 14.]
Severability—1979 c 156: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1979 c 156 § 13.]
18.28.080
18.28.080 Fees for debt adjusting services—Limitations—Requirements. (1) By contract a debt adjuster may
charge a reasonable fee for debt adjusting services. The total
fee for debt adjusting services may not exceed fifteen percent
of the total debt listed by the debtor on the contract. The fee
retained by the debt adjuster from any one payment made by
or on behalf of the debtor may not exceed fifteen percent of
the payment. The debt adjuster may make an initial charge of
up to twenty-five dollars which shall be considered part of the
total fee. If an initial charge is made, no additional fee may be
retained which will bring the total fee retained to date to more
than fifteen percent of the total payments made to date. No
fee whatsoever shall be applied against rent and utility payments for housing.
In the event of cancellation or default on performance of
the contract by the debtor prior to its successful completion,
the debt adjuster may collect in addition to fees previously
received, six percent of that portion of the remaining indebtedness listed on said contract which was due when the contract was entered into, but not to exceed twenty-five dollars.
(2) A debt adjuster shall not be entitled to retain any fee
until notifying all creditors listed by the debtor that the debtor
has engaged the debt adjuster in a program of debt adjusting.
[1999 c 151 § 102; 1979 c 156 § 4; 1967 ex.s. c 141 § 2; 1967
c 201 § 8.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following RCW
18.28.010.
18.28.090
18.28.090 Excess charges—Contract void—Return
of payments. If a debt adjuster contracts for, receives or
makes any charge in excess of the maximums permitted by
this chapter, except as the result of an accidental and bona
fide error, the debt adjuster's contract with the debtor shall be
void and the debt adjuster shall return to the debtor the
amount of all payments received from the debtor or on the
(2004 Ed.)
18.28.110
debtor's behalf and not distributed to creditors. [1999 c 151 §
103; 1967 c 201 § 9.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
18.28.100
18.28.100 Contract requirements. Every contract
between a debt adjuster and a debtor shall:
(1) List every debt to be handled with the creditor's name
and disclose the approximate total of all known debts;
(2) Provide in precise terms payments reasonably within
the ability of the debtor to pay;
(3) Disclose in precise terms the rate and amount of all of
the debt adjuster's charges and fees;
(4) Disclose the approximate number and amount of
installments required to pay the debts in full;
(5) Disclose the name and address of the debt adjuster
and of the debtor;
(6) Provide that the debt adjuster shall notify the debtor,
in writing, within five days of notification to the debt adjuster
by a creditor that the creditor refuses to accept payment pursuant to the contract between the debt adjuster and the debtor;
(7) Contain the following notice in ten point boldface
type or larger directly above the space reserved in the contract for the signature of the buyer: NOTICE TO DEBTOR:
(a) Do not sign this contract before you read it or if any
spaces intended for the agreed terms are left blank.
(b) You are entitled to a copy of this contract at the time
you sign it.
(c) You may cancel this contract within three days of
signing by sending notice of cancellation by certified mail
return receipt requested to the debt adjuster at his or her
address shown on the contract, which notice shall be posted
not later than midnight of the third day (excluding Sundays
and holidays) following your signing of the contract; and
(8) Contain such other and further provisions or disclosures as are necessary for the protection of the debtor and the
proper conduct of business by the debt adjuster. [1999 c 151
§ 104; 1979 c 156 § 5; 1967 c 201 § 10.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following RCW
18.28.010.
18.28.110
18.28.110 Debt adjuster—Functions required to be
performed. Every debt adjuster shall perform the following
functions:
(1) Make a permanent record of all payments by debtors,
or on the debtors' behalf, and of all disbursements to creditors
of such debtors, and shall keep and maintain in this state all
such records, and all payments not distributed to creditors.
No person shall intentionally make any false entry in any
such record, or intentionally mutilate, destroy or otherwise
dispose of any such record. Such records shall at all times be
open for inspection by the attorney general or the attorney
general's authorized agent, and shall be preserved as original
records or by microfilm or other methods of duplication for at
least six years after making the final entry therein.
(2) Deliver a completed copy of the contract between the
debt adjuster and a debtor to the debtor immediately after the
debtor executes the contract, and sign the debtor's copy of
such contract.
[Title 18 RCW—page 71]
18.28.120
Title 18 RCW: Businesses and Professions
(3) Unless paid by check or money order, deliver a
receipt to a debtor for each payment within five days after
receipt of such payment.
(4) Distribute to the creditors of the debtor at least once
each forty days after receipt of payment during the term of
the contract at least eighty-five percent of each payment
received from the debtor.
(5) At least once every month render an accounting to
the debtor which shall indicate the total amount received
from or on behalf of the debtor, the total amount paid to each
creditor, the total amount which any creditor has agreed to
accept as payment in full on any debt owed the creditor by the
debtor, the amount of charges deducted, and any amount held
in trust. The debt adjuster shall in addition render such an
account to a debtor within ten days after written demand.
(6) Notify the debtor, in writing, within five days of notification to the debt adjuster by a creditor that the creditor
refuses to accept payment pursuant to the contract between
the debt adjuster and the debtor. [1999 c 151 § 105; 1979 c
156 § 6; 1967 c 201 § 11.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following RCW
18.28.010.
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
18.28.130
18.28.130 Legal services—Rendering or obtaining—
Using name of attorney—Prohibited. Without limiting the
generality of the foregoing and other applicable laws, the
debt adjuster, manager or an employee of the debt adjuster
shall not:
(1) Prepare, advise, or sign a release of attachment or
garnishment, stipulation, affidavit for exemption, compromise agreement or other legal or court document, nor furnish
legal advice or perform legal services of any kind;
(2) Represent that he or she is authorized or competent to
furnish legal advice or perform legal services;
(3) Assume authority on behalf of creditors or a debtor or
accept a power of attorney authorizing it to employ or terminate the services of any attorney or to arrange the terms of or
compensate for such services; or
(4) Communicate with the debtor or creditor or any other
person in the name of any attorney or upon the stationery of
any attorney or prepare any form or instrument which only
attorneys are authorized to prepare. [1999 c 151 § 107; 1967
c 201 § 13.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
18.28.120
18.28.120 Debt adjuster—Prohibited acts. A debt
adjuster shall not:
(1) Take any contract, or other instrument which has any
blank spaces when signed by the debtor;
(2) Receive or charge any fee in the form of a promissory
note or other promise to pay or receive or accept any mortgage or other security for any fee, whether as to real or personal property;
(3) Lend money or credit;
(4) Take any confession of judgment or power of attorney to confess judgment against the debtor or appear as the
debtor in any judicial proceedings;
(5) Take, concurrent with the signing of the contract or
as a part of the contract or as part of the application for the
contract, a release of any obligation to be performed on the
part of the debt adjuster;
(6) Advertise services, display, distribute, broadcast or
televise, or permit services to be displayed, advertised, distributed, broadcasted or televised in any manner whatsoever
wherein any false, misleading or deceptive statement or representation with regard to the services to be performed by the
debt adjuster, or the charges to be made therefor, is made;
(7) Offer, pay, or give any cash, fee, gift, bonus, premiums, reward, or other compensation to any person for referring any prospective customer to the debt adjuster;
(8) Receive any cash, fee, gift, bonus, premium, reward,
or other compensation from any person other than the debtor
or a person in the debtor's behalf in connection with his or her
activities as a debt adjuster; or
(9) Disclose to anyone the debtors who have contracted
with the debt adjuster; nor shall the debt adjuster disclose the
creditors of a debtor to anyone other than: (a) The debtor; or
(b) another creditor of the debtor and then only to the extent
necessary to secure the cooperation of such a creditor in a
debt adjusting plan. [1999 c 151 § 106; 1967 c 201 § 12.]
[Title 18 RCW—page 72]
18.28.140
18.28.140 Assignment of wages not prohibited. Nothing in this chapter shall be construed as prohibiting the
assignment of wages by a debtor to a debt adjuster, if such
assignment is otherwise in accordance with the law of this
state. [1999 c 151 § 108; 1967 c 201 § 14.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
18.28.150
18.28.150 Trust account for payments by debtor—
Disbursements. (1) Any payment received by a debt
adjuster from or on behalf of a debtor shall be held in trust by
the debt adjuster from the moment it is received. The debt
adjuster shall not commingle such payment with the debt
adjuster's own property or funds, but shall maintain a separate
trust account and deposit in such account all such payments
received. All disbursements whether to the debtor or to the
creditors of the debtor, or to the debt adjuster, shall be made
from such account.
(2) In the event that the debtor cancels or defaults on the
contract between the debtor and the debt adjuster, the debt
adjuster shall close out the debtor's trust account in the following manner:
(a) The debt adjuster may take from the account that
amount necessary to satisfy any fees, other than any cancellation or default fee, authorized by this chapter.
(b) After deducting the fees provided in subsection (2)(a)
of this section, the debt adjuster shall distribute the remaining
amount in the account to the creditors of the debtor. The distribution shall be made within five days of the demand therefor by the debtor, but if the debtor fails to make the demand,
then the debt adjuster shall make the distribution within thirty
days of the date of cancellation or default. [1999 c 151 § 109;
1979 c 156 § 8; 1967 c 201 § 15.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
(2004 Ed.)
Dental Hygienists
Effective date—Severability—1979 c 156: See notes following RCW
18.28.010.
18.28.165
18.28.165 Investigations. For the purpose of discovering violations of this chapter or securing information lawfully
required under this chapter, the office of the attorney general
may at any time: Investigate the debt adjusting business and
examine the books, accounts, records, and files used; have
free access to the offices and places of business, books,
accounts, papers, records, files, safes, and vaults of debt
adjusters; and require the attendance of and examine under
oath all persons whomsoever whose testimony might be
required relative to such debt adjusting business or to the subject matter of any examination, investigation, or hearing.
[1999 c 151 § 110; 1979 c 156 § 7.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following RCW
18.28.010.
18.28.180
18.28.180 Administrative procedure act to govern
administration. The administrative procedure act, chapter
34.05 RCW, shall wherever applicable herein, govern the
rights, remedies, and procedures respecting the administration of this chapter. [1967 c 201 § 18.]
18.28.185
18.28.185 Violations—Unfair practice under chapter
19.86 RCW. A violation of this chapter constitutes an unfair
or deceptive act or practice in the conduct of trade or commerce under chapter 19.86 RCW. [1979 c 156 § 10.]
Effective date—Severability—1979 c 156: See notes following RCW
18.28.010.
18.28.190
18.28.190 Violations—Penalty. Any person who violates any provision of this chapter or aids or abets such violation, or any rule lawfully adopted under this chapter or any
order made under this chapter, is guilty of a misdemeanor.
[1999 c 151 § 111; 1967 c 201 § 19.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
18.28.200
18.28.200 Violations—Injunctions. Notwithstanding
any other actions which may be brought under the laws of
this state, the attorney general or the prosecuting attorney of
any county within the state may bring an action in the name
of the state against any person to restrain and prevent any violation of this chapter. [1967 c 201 § 20.]
18.28.210
18.28.210 Violations—Assurance of discontinuance—Effect. The attorney general may accept an assurance
of discontinuance of any act or practice deemed in violation
of this chapter in the enforcement thereof from any person
engaging in or who has engaged in such act or practice. Any
such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in
which the alleged violator resides or has his principal place of
business, or in the alternative, in Thurston county. Failure to
perform the terms of any such assurance shall constitute
prima facie proof of a violation of this chapter for the purpose
of securing any injunction as provided for in RCW
18.28.200: PROVIDED, That after commencement of any
(2004 Ed.)
Chapter 18.29
action by a prosecuting attorney, as provided therein, the
attorney general may not accept an assurance of discontinuance without the consent of said prosecuting attorney. [1967
c 201 § 21.]
18.28.220
18.28.220 Violation of injunction—Civil penalty.
Any person who violates any injunction issued pursuant to
this chapter shall forfeit and pay a civil penalty of not more
than one thousand dollars. For the purpose of this section the
superior court issuing any injunction shall retain jurisdiction,
and the cause shall be continued, and in such cases the attorney general acting in the name of the state may petition for
the recovery of civil penalties. [1967 c 201 § 22.]
18.28.900 Saving prior contracts. The provisions of
this chapter shall not invalidate or make unlawful contracts
between debt adjusters and debtors executed prior to the
effective date of this chapter. [1967 c 201 § 23.]
18.28.900
Effective date—1967 c 201: June 8, 1967, see preface to 1967 session
laws.
18.28.910
18.28.910 Severability—1967 c 201. If any provision
of this act, or its application to any person or circumstance, is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances, is not affected.
[1967 c 201 § 24.]
Chapter 18.29
Chapter 18.29 RCW
DENTAL HYGIENISTS
Sections
18.29.003
18.29.005
18.29.011
18.29.021
18.29.045
18.29.050
18.29.056
18.29.060
18.29.071
18.29.076
18.29.100
18.29.110
18.29.120
18.29.130
18.29.140
18.29.150
18.29.160
18.29.170
18.29.180
18.29.190
18.29.200
18.29.210
18.29.220
18.29.900
18.29.910
18.29.915
Regulation of health care professions—Criteria.
"Surfaces of the teeth" defined.
License required.
Requirements for licensing.
Licensure by endorsement.
Scope of licensee's functions—Employment—Supervision.
Employment by health care facilities authorized—Limitations.
License issuance—Display.
Renewals.
Application of uniform disciplinary act.
Violations—Penalty—Prosecutions.
Dental hygiene examining committee—Generally.
Examinations—Secretary's authority—Consultation with
examining authority.
Secretary's authority—Generally—Continuing education.
Approval of educational programs.
Examinations.
Immunity.
Committee meetings—Quorum—Effect of vacancy.
Exemptions from chapter.
Initial limited license.
Temporary licensees—Requirements for regular examination.
Rules.
Community-based sealant programs in schools.
Construction—1923 c 16.
Severability—1923 c 16.
Captions not law—1989 c 202.
Reviser's note: Powers and duties of the department of licensing and
the director of licensing transferred to the department of health and the secretary of health. See RCW 43.70.220.
Dentistry: Chapter 18.32 RCW.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
[Title 18 RCW—page 73]
18.29.003
Title 18 RCW: Businesses and Professions
18.29.003
18.29.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.29.005
18.29.005 "Surfaces of the teeth" defined. The term
"surfaces of the teeth" as used in this chapter means the portions of the crown and root surface to which there is no periodontal membrane attached. [1969 c 47 § 6.]
18.29.011
18.29.011 License required. No person may practice
as a dental hygienist in this state without having a license as
such and, after the first year, an unexpired license renewal
certificate. [1987 c 150 § 16.]
Severability—1987 c 150: See RCW 18.122.901.
18.29.021
18.29.021 Requirements for licensing. (1) The department shall issue a license to any applicant who, as determined
by the secretary:
(a) Has successfully completed an educational program
approved by the secretary. This educational program shall
include course work encompassing the subject areas within
the scope of the license to practice dental hygiene in the state
of Washington;
(b) Has successfully completed an examination administered or approved by the dental hygiene examining committee; and
(c) Has not engaged in unprofessional conduct or is not
unable to practice with reasonable skill and safety as a result
of a physical or mental impairment.
(2) Applications for licensure must comply with administrative procedures, administrative requirements, and fees
established according to RCW 43.70.250 and 43.70.280.
[1996 c 191 § 10; 1995 c 198 § 4; 1991 c 3 § 46; 1989 c 202
§ 1.]
18.29.045
18.29.045 Licensure by endorsement. An applicant
holding a valid license and currently engaged in practice in
another state may be granted a license without examination
required by this chapter, on the payment of any required fees,
if the secretary in consultation with the advisory committee
determines that the other state's licensing standards are substantively equivalent to the standards in this state: PROVIDED, That the secretary in consultation with the advisory
committee may require the applicant to: (1) File with the secretary documentation certifying the applicant is licensed to
practice in another state; and (2) provide information as the
secretary deems necessary pertaining to the conditions and
criteria of the uniform disciplinary act, chapter 18.130 RCW
and to demonstrate to the secretary a knowledge of Washington law pertaining to the practice of dental hygiene. [1991 c
3 § 47; 1989 c 202 § 29.]
18.29.050
18.29.050 Scope of licensee's functions—Employment—Supervision. Any person licensed as a dental
hygienist in this state may remove deposits and stains from
the surfaces of the teeth, may apply topical preventive or prophylactic agents, may polish and smooth restorations, may
perform root planing and soft-tissue curettage, and may perform other dental operations and services delegated to them
by a licensed dentist: PROVIDED HOWEVER, That
[Title 18 RCW—page 74]
licensed dental hygienists shall in no event perform the following dental operations or services:
(1) Any surgical removal of tissue of the oral cavity;
(2) Any prescription of drugs or medications requiring
the written order or prescription of a licensed dentist or physician, except that a hygienist may place antimicrobials pursuant to the order of a licensed dentist and under the dentist's
required supervision;
(3) Any diagnosis for treatment or treatment planning; or
(4) The taking of any impression of the teeth or jaw, or
the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis.
Such licensed dental hygienists may perform dental
operations and services only under the supervision of a
licensed dentist, and under such supervision may be
employed by hospitals, boards of education of public or private schools, county boards, boards of health, or public or
charitable institutions, or in dental offices. [2003 c 257 § 1;
1997 c 37 § 1; 1971 ex.s. c 235 § 1; 1969 c 47 § 4; 1923 c 16
§ 27; RRS § 10030-27.]
18.29.056
18.29.056 Employment by health care facilities
authorized—Limitations. (1) Dental hygienists licensed
under this chapter with two years' practical clinical experience with a licensed dentist within the preceding five years
may be employed or retained by health care facilities to perform authorized dental hygiene operations and services without dental supervision, limited to removal of deposits and
stains from the surfaces of the teeth, application of topical
preventive or prophylactic agents, polishing and smoothing
restorations, and performance of root planing and soft-tissue
curettage, but shall not perform injections of anesthetic
agents, administration of nitrous oxide, or diagnosis for dental treatment. The performance of dental hygiene operations
and services in health care facilities shall be limited to
patients, students, and residents of the facilities. For dental
planning and dental treatment, dental hygienists shall refer
patients to licensed dentists.
(2) For the purposes of this section, "health care facilities" are limited to hospitals; nursing homes; home health
agencies; group homes serving the elderly, handicapped, and
juveniles; state-operated institutions under the jurisdiction of
the department of social and health services or the department of corrections; and federal, state, and local public health
facilities, state or federally funded community and migrant
health centers, and tribal clinics. [1997 c 37 § 2; 1984 c 279
§ 63.]
Severability—1984 c 279: See RCW 18.130.901.
18.29.060
18.29.060 License issuance—Display. Upon passing
an examination and meeting the requirements as provided in
RCW 18.29.021, the secretary of health shall issue to the successful applicant a license as dental hygienist. The license
shall be displayed in a conspicuous place in the operation
room where such licensee shall practice. [1991 c 3 § 48;
1989 c 202 § 12; 1985 c 7 § 21; 1981 c 277 § 4; 1979 c 158 §
32; 1923 c 16 § 31; RRS § 10030-31.]
18.29.071
18.29.071 Renewals. The secretary shall establish the
administrative procedures, administrative requirements, and
(2004 Ed.)
Dental Hygienists
fees for renewal of licenses as provided in this chapter and in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 11; 1991 c 3 §
49; 1989 c 202 § 2.]
18.29.076
18.29.076 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
15; 1986 c 259 § 31.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.29.100
18.29.100 Violations—Penalty—Prosecutions. Any
person who shall violate any provision of this chapter shall be
guilty of a misdemeanor. It shall be the duty of the prosecuting attorney of each county to prosecute all cases involving a
violation of this chapter arising within his or her county. The
attorney general may assist in such prosecutions and shall
appear at all hearings when requested to do so by the secretary of health. [1991 c 3 § 50; 1979 c 158 § 34; 1923 c 16 §
36; RRS § 10030-36.]
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.29.110
18.29.110 Dental hygiene examining committee—
Generally. There shall be a dental hygiene examining committee consisting of three practicing dental hygienists and
one public member appointed by the secretary, to be known
as the Washington dental hygiene examining committee.
Each dental hygiene member shall be licensed and have been
actively practicing dental hygiene for a period of not less than
five years immediately before appointment and shall not be
connected with any dental hygiene school. The public member shall not be connected with any dental hygiene program
or engaged in any practice or business related to dental
hygiene. Members of the committee shall be appointed by the
secretary to prepare and conduct examinations for dental
hygiene licensure. Members shall be appointed to serve for
terms of three years from October 1 of the year in which they
are appointed. Terms of the members shall be staggered.
Each member shall hold office for the term of his or her
appointment and until his or her successor is appointed and
qualified. Any member of the committee may be removed by
the secretary for neglect of duty, misconduct, malfeasance, or
misfeasance in office, after being given a written statement of
the charges against him or her and sufficient opportunity to
be heard thereon. Members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be
reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060. [1991 c 3 § 51; 1989 c 202 § 3.]
18.29.120
18.29.120 Examinations—Secretary's authority—
Consultation with examining authority. The secretary in
consultation with the Washington dental hygiene examining
committee shall:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to prepare and conduct examinations for dental
hygiene licensure;
(2004 Ed.)
18.29.150
(2) Require an applicant for licensure to pass an examination consisting of written and practical tests upon such subjects and of such scope as the committee determines;
(3) Set the standards for passage of the examination;
(4) Administer at least two examinations each calendar
year. Additional examinations may be given as necessary;
and
(5) Establish by rule the procedures for an appeal of an
examination failure. [1995 c 198 § 5; 1991 c 3 § 52; 1989 c
202 § 4.]
18.29.130
18.29.130 Secretary's authority—Generally—Continuing education. In addition to any other authority provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a license to any applicant who has met the education and examination requirements for licensure and deny a
license to applicants who do not meet the minimum qualifications for licensure. Proceedings concerning the denial of
licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter
18.130 RCW;
(4) Employ clerical, administrative, and investigative
staff as needed to implement and administer this chapter and
hire individuals, including those licensed under this chapter,
to serve as examiners or consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all applicants and licensees;
(6) Establish, by rule, the minimum education requirements for licensure, including but not limited to approval of
educational programs; and
(7) Establish and implement by rule a continuing education program. [1991 c 3 § 53; 1989 c 202 § 5.]
18.29.140
18.29.140 Approval of educational programs. The
secretary shall establish by rule the standards and procedures
for approval of educational programs and may contract with
individuals or organizations having expertise in the profession or in education to report to the secretary information
necessary for the secretary to evaluate the educational programs. The secretary may establish a fee for educational program evaluation. The fee shall be set to defray the administrative costs for evaluating the educational program, including,
but not limited to, costs for site evaluation. [1991 c 3 § 54;
1989 c 202 § 6.]
18.29.150
18.29.150 Examinations. (1) The secretary shall establish the date and location of the examination. Applicants who
meet the education requirements for licensure shall be scheduled for the next examination following the filing of the
application. The secretary shall establish by rule the examination application deadline.
(2) The examination shall contain subjects appropriate to
the scope of practice and on laws in the state of Washington
regulating dental hygiene practice.
[Title 18 RCW—page 75]
18.29.160
Title 18 RCW: Businesses and Professions
(3) The committee shall establish by rule the requirements for a reexamination if the applicant has failed the
examination.
(4) The committee may approve an examination prepared or administered by a private testing agency or association of licensing authorities. [1991 c 3 § 55; 1989 c 202 § 7.]
18.29.160
18.29.160 Immunity. The secretary, members of the
committee, and individuals acting on their behalf are immune
from suit in any action, civil or criminal, based on any acts
performed in the course of their duties. [1991 c 3 § 56; 1989
c 202 § 8.]
18.29.170
18.29.170 Committee meetings—Quorum—Effect of
vacancy. The committee shall meet at least once a year and
at such times as may be necessary for the transaction of business.
A majority of the committee shall constitute a quorum.
A vacancy in the committee membership shall not impair
the right of the remaining members of the committee to exercise any power or to perform any duty of the committee, so
long as the power is exercised or the duty performed by a
quorum of the committee. [1989 c 202 § 9.]
18.29.180
18.29.180 Exemptions from chapter. The following
practices, acts, and operations are excepted from the operation of this chapter:
(1) The practice of dental hygiene in the discharge of
official duties by dental hygienists in the United States armed
services, coast guard, public health services, veterans'
bureau, or bureau of Indian affairs;
(2) Dental hygiene programs approved by the secretary
and the practice of dental hygiene by students in dental
hygiene programs approved by the secretary, when acting
under the direction and supervision of persons licensed under
chapter 18.29 or 18.32 RCW acting as instructors;
(3) The practice of dental hygiene by students in accredited dental hygiene educational programs when acting under
the direction and supervision of instructors licensed under
chapter 18.29 or 18.32 RCW. [2004 c 262 § 4; 1991 c 3 § 57;
1989 c 202 § 10.]
Findings—2004 c 262: See note following RCW 18.06.050.
18.29.190
18.29.190 Initial limited license. (1) The department
shall issue an initial limited license without the examination
required by this chapter to any applicant who, as determined
by the secretary:
(a) Holds a valid license in another state that allows the
scope of practice in subsection (3)(a) through (j) of this section;
(b) Is currently engaged in active practice in another
state. For the purposes of this section, "active practice"
means five hundred sixty hours of practice in the preceding
twenty-four months;
(c) Files with the secretary documentation certifying that
the applicant:
(i) Has graduated from an accredited dental hygiene
school approved by the secretary;
(ii) Has successfully completed the dental hygiene
national board examination; and
[Title 18 RCW—page 76]
(iii) Is licensed to practice in another state;
(d) Provides information as the secretary deems necessary pertaining to the conditions and criteria of the uniform
disciplinary act, chapter 18.130 RCW;
(e) Demonstrates to the secretary a knowledge of Washington state law pertaining to the practice of dental hygiene,
including the administration of legend drugs;
(f) Pays any required fees; and
(g) Meets requirements for AIDS education.
(2) The term of the initial limited license issued under
this section is eighteen months and it is renewable upon demonstration of successful passage of the examination for
administering local anesthetic and nitrous oxide/oxygen analgesia.
(3) A person practicing with an initial limited license
granted under this section has the authority to perform
hygiene procedures that are limited to:
(a) Oral inspection and measuring of periodontal pockets;
(b) Patient education in oral hygiene;
(c) Taking intra-oral and extra-oral radiographs;
(d) Applying topical preventive or prophylactic agents;
(e) Polishing and smoothing restorations;
(f) Oral prophylaxis and removal of deposits and stains
from the surface of the teeth;
(g) Recording health histories;
(h) Taking and recording blood pressure and vital signs;
(i) Performing subgingival and supragingival scaling;
and
(j) Performing root planing.
(4)(a) A person practicing with an initial limited license
granted under this section may not perform the following
dental hygiene procedures unless authorized in (b) or (c) of
this subsection:
(i) Give injections of local anesthetic;
(ii) Place restorations into the cavity prepared by a
licensed dentist and afterwards carve, contour, and adjust
contacts and occlusion of the restoration;
(iii) Soft tissue curettage; or
(iv) Administer nitrous oxide/oxygen analgesia.
(b) A person licensed in another state who can demonstrate substantively equivalent licensing standards in the
administration of local anesthetic may receive a temporary
endorsement to administer local anesthesia.
(c) A person licensed in another state who can demonstrate substantively equivalent licensing standards in restorative procedures may receive a temporary endorsement for
restorative procedures.
(5)(a) A person practicing with a renewed limited license
granted under this section may:
(i) Perform hygiene procedures as provided under subsection (3) of this section;
(ii) Give injections of local anesthetic;
(iii) Perform soft tissue curretage; and
(iv) Administer nitrous oxide/oxygen analgesia.
(b) A person practicing with a renewed limited license
granted under this section may not place restorations into the
cavity prepared by a licensed dentist and afterwards carve,
contour, and adjust contacts and occlusion of the restoration.
[2004 c 262 § 3; 1993 c 323 § 2.]
Findings—2004 c 262: See note following RCW 18.06.050.
(2004 Ed.)
Denturists
18.29.200
18.29.200 Temporary licensees—Requirements for
regular examination. A person granted a temporary license
under this chapter who does not meet the requirements for
substantively equivalent licensing standards in restorative or
local anesthetic must submit proof of completion of approved
education in these procedures before being eligible to take
the dental hygiene examination. [1993 c 323 § 3.]
18.29.210
18.29.210 Rules. The secretary in consultation with the
dental hygiene examining committee shall develop rules and
definitions to implement this chapter. [1993 c 323 § 4.]
18.29.220
18.29.220 Community-based sealant programs in
schools. (1) For low-income, rural, and other at-risk populations and in coordination with local public health jurisdictions and local oral health coalitions, a dental hygienist
licensed in this state as of April 19, 2001, may assess for and
apply sealants and apply fluoride varnishes in communitybased sealant programs carried out in schools without attending the department's school sealant endorsement program.
(2) For low-income, rural, and other at-risk populations
and in coordination with local public health jurisdictions and
local oral health coalitions, dental hygienists who are school
sealant endorsed under RCW 43.70.650 may assess for and
apply sealants and fluoride varnishes in community-based
sealant programs carried out in schools. [2001 c 93 § 3.]
Findings—Intent—Effective date—2001 c 93: See notes following
RCW 43.70.650.
18.29.900
18.29.900 Construction—1923 c 16. Words used in
this chapter importing the singular number may also be
applied to the plural of persons and things. Words importing
the plural may be applied to the singular, and words importing the masculine gender may be extended to females also.
[1923 c 16 § 37.]
Number and gender: RCW 1.12.050.
18.29.910
18.29.910 Severability—1923 c 16. Should any section
of this chapter, or any portion of any section be for any reason
held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter. [1923 c 16
§ 38.]
18.29.915
18.29.915 Captions not law—1989 c 202. Section
headings as used in this act do not constitute any part of the
law. [1989 c 202 § 11.]
Chapter 18.30
Chapter 18.30 RCW
DENTURISTS
Sections
18.30.005
18.30.010
18.30.020
18.30.030
18.30.040
18.30.050
18.30.060
18.30.065
18.30.090
18.30.100
(2004 Ed.)
Finding, intent.
Definitions.
Examination of patient—Sanctions—Training and licensing
examination.
Licensing required.
Exclusions from chapter.
Board of denturists—Members, terms, travel expenses,
removal.
Board—Officers, quorum.
Duties of board.
Licensing requirements.
Licensing examinations.
18.30.020
18.30.120
18.30.130
18.30.135
18.30.140
18.30.150
18.30.900
18.30.901
Requirements determined by secretary—License content.
License renewal.
Discipline.
Inactive licenses.
Partnerships with dentists.
Short title—1995 c 1 (Initiative Measure No. 607).
Severability—1995 c 1 (Initiative Measure No. 607).
18.30.005
18.30.005 Finding, intent. The state of Washington
finds that to realize the state's current statutory policy of regulating health professions at the least restrictive level consistent with the public interest, a program of licensure for denturists should be established. The intent of the legislature is to
help assure the public's health, provide a mechanism for consumer protection, and offer cost-effective alternatives for
denture care services and products to individual consumers
and the state. [1995 c 1 § 1 (Initiative Measure No. 607,
approved November 8, 1994).]
18.30.010
18.30.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the Washington state board of denturists.
(2) "Denture" means a removable full or partial upper or
lower dental appliance to be worn in the mouth to replace
missing natural teeth.
(3) "Denturist" means a person licensed under this chapter to engage in the practice of denturism.
(4) "Department" means the department of health.
(5) "Practice of denturism" means:
(a) Making, placing, constructing, altering, reproducing,
or repairing a denture; and
(b) Taking impressions and furnishing or supplying a
denture directly to a person or advising the use of a denture,
and maintaining a facility for the same.
(6) "Secretary" means the secretary of health or the secretary's designee. [2002 c 160 § 1; 1995 c 1 § 2 (Initiative
Measure No. 607, approved November 8, 1994).]
18.30.020
18.30.020 Examination of patient—Sanctions—
Training and licensing examination. (1) Before making
and fitting a denture, a denturist shall examine the patient's
oral cavity.
(a) If the examination gives the denturist reasonable
cause to believe that there is an abnormality or disease process that requires medical or dental treatment, the denturist
shall immediately refer the patient to a dentist or physician.
In such cases, the denturist shall take no further action to
manufacture or place a denture until the patient has been
examined by a dentist or physician and the dentist or physician gives written clearance that the denture will pose no
threat to the patient's health.
(b) If the examination reveals the need for tissue or teeth
modification in order to assure proper fit of a full or partial
denture, the denturist shall refer the patient to a dentist and
assure that the modification has been completed before taking an impression for the completion of the denture.
(2) A denturist who makes or places a denture in a manner not consistent with this section is subject to the sanctions
provided in chapter 18.130 RCW, the uniform disciplinary
act.
[Title 18 RCW—page 77]
18.30.030
Title 18 RCW: Businesses and Professions
(3) A denturist must successfully complete special training in oral pathology prescribed by the board, whether as part
of an approved associate degree program or equivalent training, and pass an examination prescribed by the board, which
may be a part of the examination for licensure to become a
licensed denturist. [2002 c 160 § 2; 1995 c 198 § 18; 1995 c
1 § 3 (Initiative Measure No. 607, approved November 8,
1994).]
Effective date—1995 c 198 §§ 18-25: "Sections 18 through 25 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 1, 1995]." [1995 c 198 § 27.]
initially. Vacancies shall be filled in the same manner as the
original appointments are made. Appointments to fill vacancies shall be for the remainder of the unexpired term of the
vacant position.
(3) No appointee may serve more than two consecutive
terms.
(4) Members of the board shall be reimbursed for travel
expenses under RCW 43.03.050 and 43.03.060.
(5) A member of the board may be removed for just
cause by the secretary. [2002 c 160 § 4; 1995 c 1 § 6 (Initiative Measure No. 607, approved November 8, 1994).]
18.30.060
18.30.030
18.30.030 Licensing required. No person may represent himself or herself as a licensed denturist or use any title
or description of services without applying for licensure,
meeting the required qualifications, and being licensed as a
denturist by the department, unless otherwise exempted by
this chapter. [1995 c 1 § 4 (Initiative Measure No. 607,
approved November 8, 1994).]
18.30.060 Board—Officers, quorum. (1) The board
shall elect a chairperson of the board annually. The same person may not hold the office of chairperson for more than
three years in succession.
(2) A majority of the board constitutes a quorum for all
purposes, and a majority vote of the members voting governs
the decisions of the board. [1995 c 1 § 7 (Initiative Measure
No. 607, approved November 8, 1994).]
18.30.040
18.30.040 Exclusions from chapter. Nothing in this
chapter prohibits or restricts:
(1) The practice of a profession by an individual who is
licensed, certified, or registered under other laws of this state
and who is performing services within the authorized scope
of practice;
(2) The practice of denturism by an individual employed
by the government of the United States while the individual
is engaged in the performance of duties prescribed by the
laws and regulations of the United States;
(3) The practice of denturism by students enrolled in a
school approved by the board. The performance of services
must be pursuant to a course of instruction or an assignment
from an instructor and under the supervision of an instructor;
or
(4) Work performed by dental labs and dental technicians under the written prescription of a dentist. [2002 c 160
§ 3; 1995 c 1 § 5 (Initiative Measure No. 607, approved
November 8, 1994).]
18.30.050
18.30.050 Board of denturists—Members, terms,
travel expenses, removal. (1) The Washington state board
of denturists is created. The board shall consist of seven
members appointed by the secretary as follows:
(a) Four members of the board must be denturists
licensed under this chapter, except initial appointees, who
must have five years' experience in the field of denturism or
a related field.
(b) Two members shall be selected from persons who are
not affiliated with any health care profession or facility, at
least one of whom must be over sixty-five years of age representing the elderly.
(c) One member must be a dentist licensed in the state of
Washington.
(2) The members of the board shall serve for terms of
three years. The terms of the initial members shall be staggered, with the members appointed under subsection (1)(a) of
this section serving two-year and three-year terms initially
and the members appointed under subsection (1)(b) and (c) of
this section serving one-year, two-year, and three-year terms
[Title 18 RCW—page 78]
18.30.065
18.30.065 Duties of board. The board shall:
(1) Determine the qualifications of persons applying for
licensure under this chapter;
(2) Prescribe, administer, and determine the requirements for examinations under this chapter and establish a
passing grade for licensure under this chapter;
(3) Adopt rules under chapter 34.05 RCW to carry out
the provisions of this chapter in consultation and in agreement with the secretary;
(4) Have authority to provide requirements for continuing competency as a condition of license renewal by rule in
agreement with the secretary; and
(5) Evaluate and approve those schools from which graduation is accepted as proof of an applicant's completion of
coursework requirements for licensure. [2002 c 160 § 5.]
18.30.090
18.30.090 Licensing requirements. The secretary shall
issue a license to practice denturism to an applicant who submits a completed application, pays the appropriate fees, and
meets the following requirements:
(1) A person currently licensed to practice denturism
under statutory provisions of another state, territory of the
United States, District of Columbia, or Puerto Rico, with substantially equivalent licensing standards to this chapter shall
be licensed without examination upon providing the department with the following:
(a) Proof of successfully passing a written and clinical
examination for denturism in a state, territory of the United
States, District of Columbia, or Puerto Rico, that the board
has determined has substantially equivalent licensing standards as those in this chapter, including but not limited to
both the written and clinical examinations; and
(b) An affidavit from the licensing agency where the person is licensed or certified attesting to the fact of the person's
licensure or certification.
(2) A person graduating from a formal denturism program shall be licensed if he or she:
(a) Documents successful completion of formal training
with a major course of study in denturism of not less than two
(2004 Ed.)
Dentistry
years in duration at an educational institution approved by the
board; and
(b) Passes a written and clinical examination approved
by the board. [2002 c 160 § 6; 1995 c 198 § 20; 1995 c 1 § 10
(Initiative Measure No. 607, approved November 8, 1994).]
Effective date—1995 c 198 §§ 18-25: See note following RCW
18.30.020.
18.30.100 Licensing examinations. The board shall
administer the examinations for licensing under this chapter,
subject to the following requirements:
(1) Examinations shall determine the qualifications, fitness, and ability of the applicant to practice denturism. The
test shall include a written examination and a practical demonstration of skills.
(2) Examinations shall be held at least annually.
(3) The first examination shall be conducted not later
than July 1, 1995.
(4) The written examination shall cover the following
subjects: (a) Head and oral anatomy and physiology; (b) oral
pathology; (c) partial denture construction and design; (d)
microbiology; (e) clinical dental technology; (f) dental laboratory technology; (g) clinical jurisprudence; (h) asepsis; (i)
medical emergencies; and (j) cardiopulmonary resuscitation.
(5) Upon payment of the appropriate fee, an applicant
who fails either the written or practical examination may
have additional opportunities to take the portion of the examination that he or she failed.
The secretary may hire trained persons licensed under
this chapter to prepare, administer, and grade the examinations or may contract with regional examiners who meet
qualifications adopted by the board. [2002 c 160 § 7; 1995 c
198 § 21; 1995 c 1 § 11 (Initiative Measure No. 607,
approved November 8, 1994).]
18.30.100
Effective date—1995 c 198 §§ 18-25: See note following RCW
18.30.020.
18.30.120 Requirements determined by secretary—
License content. (1) The licensing period, administrative
procedures, administrative requirements, and fees shall be
determined by the secretary as provided in RCW 43.70.250
and 43.70.280.
(2) The license shall contain, on its face, the address or
addresses where the license holder will perform the denturist
services. [1996 c 191 § 12; 1995 c 1 § 13 (Initiative Measure
No. 607, approved November 8, 1994).]
18.30.120
18.30.130
18.30.130 License renewal. The secretary shall establish by rule the requirements for renewal of licenses to practice denturism, but shall not increase the licensure requirements provided in this chapter. The secretary shall establish
administrative procedures, administrative requirements, and
fees for license periods and renewals as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 13; 1995 c 198 § 23;
1995 c 1 § 14 (Initiative Measure No. 607, approved November 8, 1994).]
Effective date—1995 c 198 §§ 18-25: See note following RCW
18.30.020.
18.30.135 Discipline. The Uniform Disciplinary Act,
chapter 18.130 RCW, shall govern the issuance and denial of
18.30.135
(2004 Ed.)
Chapter 18.32
licenses, unauthorized practice, and the discipline of persons
licensed under this chapter. The secretary shall be the disciplinary authority under this chapter. [1995 c 336 § 3.]
Effective date—1995 c 336 §§ 2 and 3: See note following RCW
18.130.040.
18.30.140
18.30.140 Inactive licenses. (1) An individual may
place his or her license on inactive status. The holder of an
inactive license shall not practice denturism in this state without first activating the license.
(2) An inactive license may be placed in an active status
upon compliance with rules established by the board.
(3) The provisions relating to denial, suspension, and
revocation of a license are applicable to an inactive license,
except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed. [2002 c 160
§ 8; 1995 c 198 § 24; 1995 c 1 § 15 (Initiative Measure No.
607, approved November 8, 1994).]
Effective date—1995 c 198 §§ 18-25: See note following RCW
18.30.020.
18.30.150
18.30.150 Partnerships with dentists. Notwithstanding any other provision of state law, a licensed denturist may
enter into a partnership or other business association with a
dentist, provided that such association does not impede the
independent professional judgment of either party. [1995 c 1
§ 16 (Initiative Measure No. 607, approved November 8,
1994).]
18.30.900
18.30.900 Short title—1995 c 1 (Initiative Measure
No. 607). This chapter may be known and cited as the Washington state denturist act. [1995 c 1 § 17 (Initiative Measure
No. 607, approved November 8, 1994).]
18.30.901
18.30.901 Severability—1995 c 1 (Initiative Measure
No. 607). If any provision of this act or its application to any
person or circumstance is held invalid, the remainder of the
act or the application of the provision to other persons or circumstances is not affected. [1995 c 1 § 26 (Initiative Measure No. 607, approved November 8, 1994).]
Chapter 18.32
Chapter 18.32 RCW
DENTISTRY
Sections
18.32.002
18.32.005
18.32.010
18.32.020
18.32.030
18.32.0351
18.32.0353
18.32.0355
18.32.0357
18.32.0358
18.32.0361
18.32.0363
18.32.0365
18.32.039
18.32.040
18.32.050
Findings—Purpose.
Regulation of health care professions—Criteria.
Words defined.
Practice of dentistry defined.
Exemptions from chapter.
Commission established—Membership.
Commission—Removal of member—Order of removal—
Vacancy.
Commission—Qualifications of members.
Commission—Duties and powers—Attorney general to
advise, represent.
Commission successor to other boards.
Compensation of commission members.
Examinations—Contracts for administration—Multistate.
Rules.
Application of uniform disciplinary act.
Requirements for licensure.
Compensation and reimbursement for administering examination.
[Title 18 RCW—page 79]
18.32.002
18.32.091
18.32.100
18.32.110
18.32.160
18.32.170
18.32.180
18.32.185
18.32.190
18.32.195
18.32.215
18.32.220
18.32.226
18.32.390
18.32.400
18.32.410
18.32.420
18.32.530
18.32.533
18.32.534
18.32.640
18.32.655
18.32.665
18.32.675
18.32.685
18.32.695
18.32.705
18.32.715
18.32.725
18.32.735
18.32.745
18.32.755
18.32.900
18.32.910
18.32.915
18.32.916
18.32.917
Title 18 RCW: Businesses and Professions
License required.
Applications.
Application fee.
Licenses—Who shall sign.
Duplicate licenses—Fee.
License renewal.
Inactive license status.
Licenses display—Notification of address.
University of Washington dental school faculty and residents—Licenses.
Licensure without examination—Licensed in another state.
Certificate available for dentists going out-of-state.
Community-based sealant programs in schools.
Penalty—General.
Dentist members of committees to evaluate credentials and
qualifications of dentists—Immunity from civil suit.
Dentists filing charges or presenting evidence before dental
society committee or board—Immunity from civil suit.
Records of dental society committees or boards not subject to
civil process.
"Unprofessional conduct."
Unprofessional conduct—Abrogation of copayment provisions.
Impaired dentist program—Content—License surcharge.
Rules—Administration of sedation and general anesthesia.
Commission—Supervision of records—Rules.
Advertising—False—Credit terms.
Practice or solicitation by corporations prohibited—Penalty.
Prescriptions—Filled by druggists.
Identification of new dental prostheses.
Identification of previously fabricated prostheses.
Identification of dental prostheses—Violation.
Sanitary regulations.
Unlawful practice—Hygienists—Penalty.
Unlawful practice—Employing unlicensed dentist—Penalty.
Advertising—Names used—Penalty.
Severability—1935 c 112.
Severability—1953 c 93.
Severability—1977 ex.s. c 5.
Severability—1979 c 38.
Severability—Headings and captions not law—Effective
date—1994 sp.s. c 9.
Anesthesia, administration for nondental purposes: RCW 18.71.030.
Dental hygienists: Chapter 18.29 RCW.
Dentists, actions against, limitation of: RCW 4.16.350.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Lien of doctors: Chapter 60.44 RCW.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.32.002
18.32.002 Findings—Purpose. The legislature finds
that the health and well-being of the people of this state are of
paramount importance.
The legislature further finds that the conduct of members
of the dental profession licensed to practice dentistry in this
state plays a vital role in preserving the health and well-being
of the people of the state.
The legislature further finds that requiring continuing
dental education for all licensed dentists in the state is an
important component of providing high quality dentistry for
the people of this state.
The legislature further finds that there is no effective
means of handling disciplinary proceedings against members
of the dental profession licensed in this state when such proceedings are necessary for the protection of the public health.
Therefore, the legislature declares its intention to exercise the police power of the state to protect the public health,
to promote the welfare of the state, and to provide a commission to act as a disciplinary and regulatory body for the members of the dental profession licensed to practice dentistry in
this state.
[Title 18 RCW—page 80]
It is the purpose of the commission established in RCW
18.32.0351 to regulate the competency and quality of professional health care providers under its jurisdiction by establishing, monitoring, and enforcing qualifications for licensure, continuing education, consistent standards of practice,
continuing competency mechanisms, and discipline. Rules,
policies, and procedures developed by the commission must
promote the delivery of quality health care to the residents of
the state. [1999 c 364 § 1; 1994 sp.s. c 9 § 201.]
18.32.005
18.32.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.32.010
18.32.010 Words defined. Words used in the singular
in this chapter may also be applied to the plural of the persons
and things; words importing the plural may be applied to the
singular; words importing the masculine gender may be
extended to females also; the term "commission" used in this
chapter shall mean the Washington state dental quality assurance commission; and the term "secretary" shall mean the
secretary of health of the state of Washington. [1994 sp.s. c
9 § 202; 1991 c 3 § 58; 1935 c 112 § 1; RRS § 10031-1.]
Number and gender: RCW 1.12.050.
18.32.020
18.32.020 Practice of dentistry defined. A person
practices dentistry, within the meaning of this chapter, who
(1) represents himself as being able to diagnose, treat,
remove stains and concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or
physical condition of the human teeth, alveolar process,
gums, or jaw, or (2) offers or undertakes by any means or
methods to diagnose, treat, remove stains or concretions from
teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or physical condition of the same, or take
impressions of the teeth or jaw, or (3) owns, maintains or
operates an office for the practice of dentistry, or (4) engages
in any of the practices included in the curricula of recognized
and approved dental schools or colleges, or (5) professes to
the public by any method to furnish, supply, construct, reproduce, or repair any prosthetic denture, bridge, appliance, or
other structure to be worn in the human mouth.
The fact that a person uses any dental degree, or designation, or any card, device, directory, poster, sign, or other
media whereby he represents himself to be a dentist, shall be
prima facie evidence that such person is engaged in the practice of dentistry.
X-ray diagnosis as to the method of dental practice in
which the diagnosis and examination is made of the normal
and abnormal structures, parts or functions of the human
teeth, the alveolar process, maxilla, mandible or soft tissues
adjacent thereto, is hereby declared to be the practice of dentistry. Any person other than a regularly licensed physician or
surgeon who makes any diagnosis or interpretation or explanation, or attempts to diagnose or to make any interpretation
or explanation of the registered shadow or shadows of any
part of the human teeth, alveolar process, maxilla, mandible
or soft tissues adjacent thereto by the use of x-ray is declared
to be engaged in the practice of dentistry, medicine or surgery.
(2004 Ed.)
Dentistry
The practice of dentistry includes the performance of any
dental or oral and maxillofacial surgery. "Oral and maxillofacial surgery" means the specialty of dentistry that includes
the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects of the hard and soft tissues of the
oral and maxillofacial region. [1996 c 259 § 1; 1957 c 98 § 1;
1957 c 52 § 20. Prior: (i) 1935 c 112 § 6; RRS § 10031-6. (ii)
1943 c 240 § 1; Rem. Supp. 1943 § 10031-6a.]
18.32.030
18.32.030 Exemptions from chapter. The following
practices, acts, and operations are excepted from the operation of the provisions of this chapter:
(1) The rendering of dental relief in emergency cases in
the practice of his or her profession by a physician or surgeon, licensed as such and registered under the laws of this
state, unless the physician or surgeon undertakes to or does
reproduce lost parts of the human teeth in the mouth or to
restore or to replace in the human mouth lost or missing teeth;
(2) The practice of dentistry in the discharge of official
duties by dentists in the United States federal services on federal reservations, including but not limited to the armed services, coast guard, public health service, veterans' bureau, or
bureau of Indian affairs;
(3) Dental schools or colleges approved under RCW
18.32.040, and the practice of dentistry by students in accredited dental schools or colleges approved by the commission,
when acting under the direction and supervision of Washington state-licensed dental school faculty;
(4) The practice of dentistry by licensed dentists of other
states or countries while appearing as clinicians at meetings
of the Washington state dental association, or component
parts thereof, or at meetings sanctioned by them, or other
groups approved by the commission;
(5) The use of roentgen and other rays for making radiographs or similar records of dental or oral tissues, under the
supervision of a licensed dentist or physician;
(6) The making, repairing, altering, or supplying of artificial restorations, substitutions, appliances, or materials for
the correction of disease, loss, deformity, malposition, dislocation, fracture, injury to the jaws, teeth, lips, gums, cheeks,
palate, or associated tissues or parts; providing the same are
made, repaired, altered, or supplied pursuant to the written
instructions and order of a licensed dentist which may be
accompanied by casts, models, or impressions furnished by
the dentist, and the prescriptions shall be retained and filed
for a period of not less than three years and shall be available
to and subject to the examination of the secretary or the secretary's authorized representatives;
(7) The removal of deposits and stains from the surfaces
of the teeth, the application of topical preventative or prophylactic agents, and the polishing and smoothing of restorations, when performed or prescribed by a dental hygienist
licensed under the laws of this state;
(8) A qualified and licensed physician and surgeon or
osteopathic physician and surgeon extracting teeth or performing oral surgery pursuant to the scope of practice under
chapter 18.71 or 18.57 RCW;
(9) The performing of dental operations or services by
persons not licensed under this chapter when performed
under the supervision of a licensed dentist: PROVIDED
HOWEVER, That such nonlicensed person shall in no event
(2004 Ed.)
18.32.0355
perform the following dental operations or services unless
permitted to be performed by the person under this chapter or
chapters 18.29, 18.57, 18.71, and 18.79 RCW as it applies to
registered nurses and advanced registered nurse practitioners:
(a) Any removal of or addition to the hard or soft tissue
of the oral cavity;
(b) Any diagnosis of or prescription for treatment of disease, pain, deformity, deficiency, injury, or physical condition of the human teeth or jaws, or adjacent structure;
(c) Any administration of general or injected local anaesthetic of any nature in connection with a dental operation,
including intravenous sedation;
(d) Any oral prophylaxis;
(e) The taking of any impressions of the teeth or jaw or
the relationships of the teeth or jaws, for the purpose of fabricating any intra-oral restoration, appliance, or prosthesis.
[2003 c 282 § 1; 1994 sp.s. c 9 § 203; 1991 c 3 § 59; 1989 c
202 § 13; 1979 c 158 § 35; 1971 ex.s. c 236 § 1; 1969 c 47 §
7; 1957 c 52 § 21; 1953 c 93 § 1; 1951 c 130 § 1. Prior: (i)
1941 c 92 § 3; 1935 c 112 § 25; Rem. Supp. 1941 § 1003125; prior: 1923 c 16 § 23. (ii) 1935 c 112 § 6; RRS § 100316; prior: 1923 c 16 § 1; 1901 c 152 § 5; 1893 c 55 § 11.]
18.32.0351
18.32.0351 Commission established—Membership.
The Washington state dental quality assurance commission is
established, consisting of fourteen members each appointed
by the governor to a four-year term. No member may serve
more than two consecutive full terms. In appointing the initial
members of the commission, it is the intent of the legislature
that, to the extent possible, members of the previous boards
and committees regulating these professions be appointed to
the commission. Members of the commission hold office
until their successors are appointed. The governor may
appoint members of the initial commission to staggered terms
of from one to four years. Thereafter, all members shall be
appointed to full four-year terms. Twelve members of the
commission must be dentists and two members must be public members. [1994 sp.s. c 9 § 204.]
18.32.0353
18.32.0353 Commission—Removal of member—
Order of removal—Vacancy. The governor may remove a
member of the commission for neglect of duty, misconduct,
or malfeasance or misfeasance in office. Whenever the governor is satisfied that a member of the commission has been
guilty of neglect of duty, misconduct, or malfeasance or misfeasance in office, the governor shall file with the secretary of
state a statement of the causes for and the order of removal
from office, and the secretary shall forthwith send a certified
copy of the order of removal and statement of causes by certified mail to the last known post office address of the member. If a vacancy occurs on the commission, the governor
shall appoint a replacement to fill the remainder of the unexpired term. [1994 sp.s. c 9 § 205.]
18.32.0355
18.32.0355 Commission—Qualifications of members. Members must be citizens of the United States and residents of this state. Dentist members must be licensed dentists
in the active practice of dentistry for a period of five years
before appointment. Of the twelve dentists appointed to the
commission, at least four must reside and engage in the active
[Title 18 RCW—page 81]
18.32.0357
Title 18 RCW: Businesses and Professions
practice of dentistry east of the summit of the Cascade mountain range. Public members of the commission may not be a
member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering
health services regulated by the commission, or have a material or financial interest in the rendering of health services
regulated by the commission. [1994 sp.s. c 9 § 206.]
18.32.0357
18.32.0357 Commission—Duties and powers—
Attorney general to advise, represent. The commission
shall elect officers each year. Meetings of the commission are
open to the public, except the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW.
The secretary of health shall furnish such secretarial, clerical,
and other assistance as the commission may require.
A majority of the commission members appointed and
serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a quorum
of the commission is required to carry a motion or resolution,
to adopt a rule, or to pass a measure.
The commission may appoint members of panels consisting of not less than three members. A quorum for transaction of any business shall be a minimum of three members. A
majority vote of a quorum of the panel is required to transact
business delegated to it by the commission.
The members of the commission are immune from suit
in an action, civil or criminal, based upon its disciplinary proceedings or other official acts performed in good faith as
members of the commission.
The commission may, whenever the workload of the
commission requires, request that the secretary appoint pro
tempore members. While serving as members pro tempore
persons have all the powers, duties, and immunities, and are
entitled to the emoluments, including travel expenses, of the
commission.
The commission shall prepare or determine the nature of
the examinations for applicants to practice dentistry.
The commission shall establish continuing dental education requirements.
The attorney general shall advise the commission and
represent it in all legal proceedings. [1999 c 364 § 2; 1994
sp.s. c 9 § 207.]
18.32.0358
18.32.0358 Commission successor to other boards.
The commission is the successor in interest of the board of
dental examiners and the dental disciplinary board. All contracts, undertakings, agreements, rules, regulations, and policies continue in full force and effect on July 1, 1994, unless
otherwise repealed or rejected by chapter 9, Laws of 1994 sp.
sess. or by the commission. [1994 sp.s. c 9 § 226.]
18.32.0361
18.32.0361 Compensation of commission members.
Each member of the commission shall be compensated in
accordance with RCW 43.03.265. Members shall be reimbursed for travel expenses incurred in the actual performance
of their duties, as provided in RCW 43.03.050 and 43.03.060.
Commission members shall be compensated and reimbursed
for their activities in developing or administering a multistate
licensing examination, as provided in this chapter. [1999 c
366 § 3; 1994 sp.s. c 9 § 208.]
[Title 18 RCW—page 82]
18.32.0363
18.32.0363 Examinations—Contracts for administration—Multistate. The commission may contract with
competent persons on a temporary basis to assist in developing or administering examinations for licensure.
The commission may enter into compacts and agreements with other states and with organizations formed by
several states, for the purpose of conducting multistate licensing examinations. The commission may enter into the compacts and agreements even though they would result in the
examination of a candidate for a license in this state by an
examiner or examiners from another state or states, and even
though the compacts and agreements would result in the
examination of a candidate or candidates for a license in
another state or states by an examiner or examiners from this
state. [1994 sp.s. c 9 § 209.]
18.32.0365
18.32.0365 Rules. The commission may adopt rules in
accordance with chapter 34.05 RCW to implement this chapter and chapter 18.130 RCW. [1994 sp.s. c 9 § 210.]
18.32.039
18.32.039 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
17; 1986 c 259 § 34.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.040
18.32.040 Requirements for licensure. The commission shall require that every applicant for a license to practice
dentistry shall:
(1) Present satisfactory evidence of graduation from a
dental college, school, or dental department of an institution
approved by the commission;
(2) Submit, for the files of the commission, a recent picture duly identified and attested; and
(3) Pass an examination prepared or approved by and
administered under the direction of the commission. The dentistry licensing examination shall consist of practical and
written tests upon such subjects and of such scope as the
commission determines. The commission may accept, in lieu
of all or part of a written examination, a certificate granted by
a national or regional testing organization approved by the
commission. The commission shall set the standards for passing the examination. The secretary shall keep on file the
examination papers and records of examination for at least
one year. This file shall be open for inspection by the applicant or the applicant's agent unless the disclosure will compromise the examination process as determined by the commission or is exempted from disclosure under RCW
42.17.250 through 42.17.340. [1994 sp.s. c 9 § 211; 1991 c 3
§ 61; 1989 c 202 § 16; 1979 c 38 § 2; 1935 c 112 § 5; RRS §
10031-5. Prior: 1923 c 16 §§ 4, 5. Formerly RCW 18.32.040
and 18.32.130 through 18.32.150.]
18.32.050
18.32.050 Compensation and reimbursement for
administering examination. Commission members shall be
compensated and reimbursed pursuant to this section for their
activities in administering a multi-state licensing examination pursuant to the commission's compact or agreement with
(2004 Ed.)
Dentistry
another state or states or with organizations formed by several states. [1995 c 198 § 2; 1994 sp.s. c 9 § 212; 1984 c 287
§ 30; 1979 c 38 § 3; 1975-'76 2nd ex.s. c 34 § 34; 1967 c 188
§ 2; 1957 c 52 § 23; 1953 c 93 § 3. Prior: 1935 c 112 § 11,
part; RRS § 10031-11, part.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.32.091
18.32.091 License required. No person, unless previously licensed to practice dentistry in this state, shall begin
the practice of dentistry without first applying to, and obtaining a license. [1987 c 150 § 18.]
Severability—1987 c 150: See RCW 18.122.901.
18.32.100
18.32.100 Applications. The applicant for a dentistry
license shall file an application on a form furnished by the
secretary, stating the applicant's name, age, place of residence, the name of the school or schools attended by the
applicant, the period of such attendance, the date of the applicant's graduation, whether the applicant has ever been the
subject of any disciplinary action related to the practice of
dentistry, and shall include a statement of all of the applicant's dental activities. This shall include any other information deemed necessary by the commission.
The application shall be signed by the applicant and
sworn to by the applicant before some person authorized to
administer oaths, and shall be accompanied by proof of the
applicant's school attendance and graduation. [1994 sp.s. c 9
§ 213; 1991 c 3 § 62; 1989 c 202 § 18; 1957 c 52 § 28; 1953
c 93 § 4; 1951 c 130 § 2; 1941 c 92 § 2; 1935 c 112 § 4; Rem.
Supp. 1941 § 10031-4, part. Prior: 1923 c 16 §§ 2, 3, 6, 7;
1901 c 152 § 1; 1893 c 55 § 4.]
18.32.110
18.32.110 Application fee. Each applicant shall pay a
fee determined by the secretary as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 14; 1991 c 3 § 63;
1989 c 202 § 19; 1985 c 7 § 23; 1975 1st ex.s. c 30 § 27; 1969
c 49 § 1; 1957 c 52 § 29. Prior: 1941 c 92 § 2, part; 1935 c
112 § 4; Rem. Supp. 1941 § 10031-4, part.]
18.32.160
18.32.160 Licenses—Who shall sign. All licenses
issued by the secretary on behalf of the commission shall be
signed by the secretary or chairperson and secretary of the
commission. [1994 sp.s. c 9 § 215; 1991 c 3 § 65; 1989 c 202
§ 21; 1951 c 130 § 3; 1935 c 112 § 17; RRS § 10031-17.]
18.32.170
18.32.170 Duplicate licenses—Fee. A fee determined
by the secretary as provided in RCW 43.70.250 and
43.70.280 shall be charged for every duplicate license issued
by the secretary. [1996 c 191 § 15; 1991 c 3 § 66; 1985 c 7 §
25; 1975 1st ex.s. c 30 § 29; 1957 c 52 § 25. Prior: 1935 c 112
§ 11, part; RRS § 10031-11, part.]
18.32.180
18.32.180 License renewal. Every person licensed to
practice dentistry in this state shall renew his or her license
and comply with administrative procedures, administrative
requirements, continuing education requirements, and fees as
provided in RCW 43.70.250 and 43.70.280. The commission,
(2004 Ed.)
18.32.195
in its sole discretion, may permit the applicant to be licensed
without examination, and with or without conditions, if it is
satisfied that the applicant meets all the requirements for
licensure in this state and is competent to engage in the practice of dentistry. [1999 c 364 § 3; 1996 c 191 § 16; 1994 sp.s.
c 9 § 216; 1991 c 3 § 67; 1989 c 202 § 22; 1985 c 7 § 26; 1975
1st ex.s. c 30 § 30; 1969 c 49 § 3; 1951 c 130 § 4; 1935 c 112
§ 24; RRS § 10031-24.]
Application—1999 c 364: "The continuing education requirements of
RCW 18.32.180 apply to licenses renewed after July 1, 2001." [1999 c 364
§ 4.]
18.32.185
18.32.185 Inactive license status. The commission
may adopt rules under this section authorizing an inactive
license status.
(1) An individual licensed under chapter 18.32 RCW
may place his or her license on inactive status. The holder of
an inactive license must not practice dentistry in this state
without first activating the license.
(2) The inactive renewal fee must be established by the
secretary under RCW 43.70.250. Failure to renew an inactive
license shall result in cancellation of the inactive license in
the same manner as an active license.
(3) An inactive license may be placed in an active status
upon compliance with rules established by the commission.
(4) Provisions relating to disciplinary action against a
person with a license are applicable to a person with an inactive license, except that when disciplinary proceedings
against a person with an inactive license have been initiated,
the license will remain inactive until the proceedings have
been completed. [1996 c 187 § 1.]
18.32.190
18.32.190 Licenses display—Notification of address.
Every person who engages in the practice of dentistry in this
state shall cause his or her license to be, at all times, displayed
in a conspicuous place, in his or her office wherein he or she
shall practice such profession, and shall further, whenever
requested, exhibit such license to any of the members of the
commission, or its authorized agent, and to the secretary or
his or her authorized agent. Every licensee shall notify the
secretary of the address or addresses, and of every change
thereof, where the licensee shall engage in the practice of
dentistry. [1994 sp.s. c 9 § 217; 1991 c 3 § 68; 1981 c 277 §
7; 1935 c 112 § 7; RRS § 10031-7. Prior: 1923 c 16 § 15;
1893 c 55 § 5.]
18.32.195
18.32.195 University of Washington dental school
faculty and residents—Licenses. The commission may,
without examination, issue a license to persons who possess
the qualifications set forth in this section.
(1) The commission may, upon written request of the
dean of the school of dentistry of the University of Washington, issue a license to practice dentistry in this state to persons
who have been licensed or otherwise authorized to practice
dentistry in another state or country and who have been
accepted for employment by the school of dentistry as fulltime faculty members. For purposes of this subsection, this
means teaching members of the faculty of the school of dentistry of the University of Washington who are so employed
on a one hundred percent of work time basis. Such license
shall permit the holder thereof to practice dentistry within the
[Title 18 RCW—page 83]
18.32.215
Title 18 RCW: Businesses and Professions
confines of the university facilities for a period of one year
while he or she is so employed as a full-time faculty member
by the school of dentistry of the University of Washington. It
shall terminate whenever the holder ceases to be such a fulltime faculty member. Such license shall permit the holder
thereof to practice dentistry only in connection with his or her
duties in employment with the school of dentistry of the University of Washington. This limitation shall be stated on the
license.
(2) The commission may, upon written request of the
dean of the school of dentistry of the University of Washington, issue a limited license to practice dentistry in this state to
university residents in postgraduate dental education. The
license shall permit the resident dentist to provide dental care
only in connection with his or her duties as a university resident.
(3) The commission may condition the granting of a
license under this section with terms the commission deems
appropriate. All persons licensed under this section shall be
subject to the jurisdiction of the commission to the same
extent as other members of the dental profession, in accordance with this chapter, and in addition the licensee may be
disciplined by the commission after a hearing has been held
in accordance with the provisions set forth in this chapter,
and determination by the commission that such licensee has
violated any of the restrictions set forth in this section.
(4) Persons applying for licensure pursuant to this section shall pay the application fee determined by the secretary
and, in the event the license applied for is issued, a license fee
at the rate provided for licenses generally. After review by
the commission, licenses issued under this section may be
renewed annually if the licensee continues to be employed as
a full-time faculty member of the school of dentistry of the
University of Washington, or a university resident in postgraduate dental education, and otherwise meets the requirements of the provisions and conditions deemed appropriate
by the commission. Any person who obtains a license pursuant to this section may, without an additional application fee,
apply for licensure under this chapter, in which case the
applicant shall be subject to examination and the other
requirements of this chapter. [1994 sp.s. c 9 § 218; 1992 c 59
§ 1; 1991 c 3 § 69; 1985 c 111 § 1.]
tal providers in Washington state. Dental disease is an epidemic among poor
children, the elderly, the disabled, and anyone who does not have access to
adequate dental care. Dental decay is worsening among children under four
years of age, with forty-one percent of the state's Headstart children needing
treatment for dental decay. The lack of qualified dentists poses a serious and
compelling threat to the oral health of the people of this state.
Shortages are also due to licensing restrictions that have discouraged
qualified dentists from coming into this state. Increasing the number of dentists from other states and from military service would enable retiring dentists in this state to sell their practices to other qualified practitioners." [2003
c 57 § 1.]
18.32.220
18.32.220 Certificate available for dentists going outof-state. Anyone who is a licensed dentist in the state of
Washington who desires to change residence to another state
or territory, shall, upon application to the secretary and payment of a fee as determined by the secretary under RCW
43.70.250 and 43.70.280, receive a certificate over the signature of the secretary or his or her designee, which shall attest
to the facts mentioned in this section, and giving the date
upon which the dentist was licensed. [1996 c 191 § 17; 1991
c 3 § 70; 1989 c 202 § 23; 1935 c 112 § 14; RRS § 10031-14.
FORMER PART OF SECTION: 1935 c 112 § 15; RRS §
10031-15, now codified as RCW 18.32.225.]
18.32.226
18.32.226 Community-based sealant programs in
schools. (1) For low-income, rural, and other at-risk populations and in coordination with local public health jurisdictions and local oral health coalitions, a dental assistant working as of April 19, 2001, under the supervision of a licensed
dentist may apply sealants and fluoride varnishes under the
general supervision of a dentist in community-based sealant
programs carried out in schools without attending the department's school sealant endorsement program.
(2) For low-income, rural, and other at-risk populations
and in coordination with local public health jurisdictions and
local oral health coalitions, dental assistants who are school
sealant endorsed under RCW 43.70.650 may apply sealants
and fluoride varnishes under the general supervision of a dentist in community-based sealant programs carried out in
schools. [2001 c 93 § 4.]
Findings—Intent—Effective date—2001 c 93: See notes following
RCW 43.70.650.
18.32.215
18.32.215 Licensure without examination—Licensed
in another state. An applicant holding a valid license and
currently engaged in practice in another state may be granted
a license without examination required by this chapter, on the
payment of any required fees, if the applicant is a graduate of
a dental college, school, or dental department of an institution
approved by the commission under RCW 18.32.040(1). The
commission may also require the applicant to: (1) File with
the commission documentation certifying the applicant is
licensed to practice in another state; and (2) provide information as the commission deems necessary pertaining to the
conditions and criteria of the Uniform Disciplinary Act,
chapter 18.130 RCW, and to demonstrate to the commission
a knowledge of Washington law pertaining to the practice of
dentistry. [2003 c 57 § 2; 1994 sp.s. c 9 § 219; 1989 c 202 §
30.]
Finding—2003 c 57: "The legislature finds and declares that access to
dental care is severely hampered by a critical and emergent shortage of den[Title 18 RCW—page 84]
18.32.390
18.32.390 Penalty—General. Any person who violates
any of the provisions of the chapter for which no specific
penalty has been provided herein, shall be subject to prosecution before any court of competent jurisdiction, and shall,
upon conviction, be guilty of a gross misdemeanor. [1986 c
259 § 38; 1935 c 112 § 16; RRS § 10031-16. Prior: 1901 c
152 § 4; 1893 c 55 § 8.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.400
18.32.400 Dentist members of committees to evaluate
credentials and qualifications of dentists—Immunity
from civil suit. See RCW 4.24.240.
18.32.410
18.32.410 Dentists filing charges or presenting evidence before dental society committee or board—Immunity from civil suit. See RCW 4.24.250.
(2004 Ed.)
Dentistry
18.32.420
18.32.420 Records of dental society committees or
boards not subject to civil process. See RCW 4.24.250.
18.32.530
18.32.530 "Unprofessional conduct." In addition to
those acts defined in chapter 18.130 RCW, the term "unprofessional conduct" as used in RCW 18.32.530 through
18.32.755 includes gross, willful, or continued overcharging
for professional services. [1989 c 202 § 26; 1986 c 259 § 41;
1977 ex.s. c 5 § 3.]
Savings—1986 c 259 §§ 36, 37, 41, 43: See note following RCW
18.32.665.
Severability—1986 c 259: See note following RCW 18.130.010.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.32.533
18.32.533 Unprofessional conduct—Abrogation of
copayment provisions. It is unprofessional conduct under
this chapter and chapter 18.130 RCW for a dentist to abrogate
the copayment provisions of a contract by accepting the payment received from a third party payer as full payment.
[1985 c 202 § 1.]
18.32.534
18.32.534 Impaired dentist program—Content—
License surcharge. (1) To implement an impaired dentist
program as authorized by RCW 18.130.175, the commission
shall enter into a contract with a voluntary substance abuse
monitoring program. The impaired dentist program may
include any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected
impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired dentists to treatment programs;
(e) Monitoring the treatment and rehabilitation of
impaired dentists including those ordered by the commission;
(f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired
dentists; and
(g) Performing other related activities as determined by
the commission.
(2) A contract entered into under subsection (1) of this
section shall be financed by a surcharge of up to twenty-five
dollars on each license issuance or renewal to be collected by
the department of health from every dentist licensed under
chapter 18.32 RCW. These moneys shall be placed in the
health professions account to be used solely for the implementation of the impaired dentist program. [1999 c 179 § 1;
1994 sp.s. c 9 § 220; 1991 c 3 § 72; 1989 c 125 § 1.]
18.32.640
18.32.640 Rules—Administration of sedation and
general anesthesia. (1) The commission may adopt such
rules as it deems necessary to carry out this chapter.
(2) The commission may adopt rules governing administration of sedation and general anesthesia by persons licensed
under this chapter, including necessary training, education,
equipment, and the issuance of any permits, certificates, or
registration as required. [1994 sp.s. c 9 § 221; 1988 c 217 §
1; 1986 c 259 § 42; 1977 ex.s. c 5 § 14.]
Severability—1986 c 259: See note following RCW 18.130.010.
(2004 Ed.)
18.32.675
18.32.655
18.32.655 Commission—Supervision of records—
Rules. The commission shall:
(1) Require licensed dentists to keep and maintain a copy
of each laboratory referral instruction, describing detailed
services rendered, for a period to be determined by the commission but not more than three years, and may require the
production of all such records for examination by the commission or its authorized representatives; and
(2) Adopt reasonable rules requiring licensed dentists to
make, maintain, and produce for examination by the commission or its authorized representatives such other records as
may be reasonable and proper in the performance of its duties
and enforcing the provisions of this chapter. [1994 sp.s. c 9 §
222; 1986 c 259 § 35; 1953 c 93 § 8. Formerly RCW
18.32.085.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.665
18.32.665 Advertising—False—Credit terms. It shall
be unlawful for any person, firm, or corporation to publish,
directly or indirectly, or circulate any fraudulent, false, or
misleading statements within the state of Washington as to
the skill or method of practice of any person or operator; or in
any way to advertise in print any matter with a view of
deceiving the public, or in any way that will tend to deceive
or defraud the public; or to claim superiority over neighboring dental practitioners; or to publish reports of cases or certificates of same in any public advertising media; or to advertise as using any anesthetic, drug, formula, medicine, which
is either falsely advertised or misnamed; or to employ "capper" or "steerers" to obtain patronage; and any person committing any offense against any of the provisions of this section shall, upon conviction, be subjected to such penalties as
are provided in this chapter: PROVIDED, That any person
licensed under this chapter may announce credit, terms of
credit or installment payments that may be made at periodical
intervals to apply on account of any dental service rendered.
The commission may adopt such rules as are necessary to
carry out the intent of this section. [1994 sp.s. c 9 § 223; 1986
c 259 § 36; 1935 c 112 § 20; RRS § 10031-20. Formerly
RCW 18.32.290.]
Savings—1986 c 259 §§ 36, 37, 41, 43: "The repeal of RCW 18.32.090
and 18.32.550 and the amendment of RCW 18.32.290, 18.32.360, and
18.32.530 by this act shall not be construed as affecting any rights and duties
which matured, penalties which were incurred, and proceedings which were
begun before June 11, 1986." [1986 c 259 § 44.]
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: RCW 9.04.010.
18.32.675
18.32.675 Practice or solicitation by corporations
prohibited—Penalty. (1) No corporation shall practice dentistry or shall solicit through itself, or its agent, officers,
employees, directors or trustees, dental patronage for any
dentists or dental surgeon employed by any corporation:
PROVIDED, That nothing contained in this chapter shall
prohibit a corporation from employing a dentist or dentists to
render dental services to its employees: PROVIDED, FURTHER, That such dental services shall be rendered at no cost
or charge to the employees; nor shall it apply to corporations
or associations in which the dental services were originated
and are being conducted upon a purely charitable basis for the
worthy poor, nor shall it apply to corporations or associations
[Title 18 RCW—page 85]
18.32.685
Title 18 RCW: Businesses and Professions
furnishing information or clerical services which can be furnished by persons not licensed to practice dentistry, to any
person lawfully engaged in the practice of dentistry, when
such dentist assumes full responsibility for such information
and services.
(2) Any corporation violating this section is guilty of a
gross misdemeanor, and each day that this chapter is violated
shall be considered a separate offense. [2003 c 53 § 124;
1935 c 112 § 19; RRS § 10031-19. Formerly RCW
18.32.310.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.32.725
18.32.725 Sanitary regulations. It shall be the duty of
every person engaged in the practice of dentistry or who shall
own, operate, or manage any dental office to keep said office
and dental equipment in a thoroughly clean and sanitary condition. [1935 c 112 § 27; RRS § 10031-27. Prior: 1923 c 16
§ 25. Formerly RCW 18.32.330.]
18.32.735
18.32.735 Unlawful practice—Hygienists—Penalty.
Any licensed dentist who shall permit any dental hygienist
operating under his supervision to perform any operation
required to be performed by a dentist under the provisions of
this chapter shall be guilty of a misdemeanor. [1935 c 112 §
28; RRS § 10031-28. Formerly RCW 18.32.340.]
18.32.685
18.32.685 Prescriptions—Filled by druggists. Registered pharmacists of this state may fill prescriptions of legally
licensed dentists of this state for any drug necessary in the
practice of dentistry. [1935 c 112 § 26; RRS § 10031-26.
Prior: 1923 c 16 § 24. Formerly RCW 18.32.320.]
Pharmacists: Chapter 18.64 RCW.
18.32.695
18.32.695 Identification of new dental prostheses.
Every complete upper and lower denture and removable dental prosthesis fabricated by a dentist licensed under this chapter, or fabricated pursuant to the dentist's work order or under
the dentist's direction or supervision, shall be marked with the
name of the patient for whom the prosthesis is intended. The
markings shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the markings and the methods used to apply or implant
them shall be determined by the dentist or dental laboratory
fabricating the prosthesis. If, in the professional judgment of
the dentist or dental laboratory, this identification is not practical, identification shall be provided as follows:
(1) The initials of the patient may be shown alone, if use
of the name of the patient is impracticable; or
(2) The identification marks may be omitted in their
entirety if none of the forms of identification specified in subsection (1) of this section is practicable or clinically safe.
[1987 c 252 § 1. Formerly RCW 18.32.322.]
Severability—1987 c 252: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 252 § 5.]
18.32.705
18.32.705 Identification of previously fabricated
prostheses. Any removable prosthesis in existence before
July 26, 1987, that was not marked in accordance with RCW
18.32.695 at the time of its fabrication, shall be so marked at
the time of any subsequent rebasing. [1987 c 252 § 2. Formerly RCW 18.32.324.]
Severability—1987 c 252: See note following RCW 18.32.695.
18.32.715
18.32.715 Identification of dental prostheses—Violation. Failure of any dentist to comply with RCW 18.32.695
and 18.32.705 is a violation for which the dentist may be subject to proceedings if the dentist is charged with the violation
within two years of initial insertion of the dental prosthetic
device. [1987 c 252 § 4. Formerly RCW 18.32.328.]
Severability—1987 c 252: See note following RCW 18.32.695.
[Title 18 RCW—page 86]
18.32.745
18.32.745 Unlawful practice—Employing unlicensed
dentist—Penalty. (1) No manager, proprietor, partnership,
or association owning, operating, or controlling any room,
office, or dental parlors, where dental work is done, provided,
or contracted for, shall employ or retain any unlicensed person or dentist as an operator; nor shall fail, within ten days
after demand made by the secretary of health or the commission in writing sent by certified mail, addressed to any such
manager, proprietor, partnership, or association at the room,
office, or dental parlor, to furnish the secretary of health or
the commission with the names and addresses of all persons
practicing or assisting in the practice of dentistry in his or her
place of business or under his or her control, together with a
sworn statement showing by what license or authority the
persons are practicing dentistry.
(2) The sworn statement shall not be used as evidence in
any subsequent court proceedings, except in a prosecution for
perjury connected with its execution.
(3) Any violation of this section is improper, unprofessional, and dishonorable conduct, and grounds for injunction
proceedings as provided by this chapter.
(4)(a) Except as provided in (b) of this subsection, a violation of this section is also a gross misdemeanor.
(b) The failure to furnish the information as may be
requested in accordance with this section is a misdemeanor.
[2003 c 53 § 125; 1994 sp.s. c 9 § 224; 1991 c 3 § 73; 1977
ex.s. c 5 § 31; 1957 c 52 § 38; 1953 c 93 § 7. Prior: 1937 c
45 § 1, part; 1935 c 112 § 18, part; RRS § 10031-18, part.
Formerly RCW 18.32.350.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.32.755
18.32.755 Advertising—Names used—Penalty. (1)
Any advertisement or announcement for dental services must
include for each office location advertised the names of all
persons practicing dentistry at that office location.
(2) Any violation of this section is improper, unprofessional, and dishonorable conduct, and grounds for injunction
proceedings as provided by RCW 18.130.190(4).
(3) A violation of this section is also a gross misdemeanor. [2003 c 53 § 126; 1994 sp.s. c 9 § 225; 1986 c 259
§ 37; 1957 c 52 § 39. Prior: 1937 c 45 § 1, part; 1935 c 112
§ 18, part; RRS § 10031-18, part. Formerly RCW
18.32.360.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2004 Ed.)
Dispensing Opticians
Savings—1986 c 259 §§ 36, 37, 41, 43: See note following RCW
18.32.660.
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.900 Severability—1935 c 112. Should any section of this act for any reason be held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions of the act. [1935 c 112 § 29.]
18.32.900
18.32.910 Severability—1953 c 93. If any provision of
this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect
the provisions or applications of this act which can be given
effect without the invalid provisions or application, and to
this end the provisions of this act are declared to be severable.
[1953 c 93 § 9.]
18.32.910
18.32.915 Severability—1977 ex.s. c 5. If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 5 § 36.]
18.32.915
18.32.916 Severability—1979 c 38. If any provision of
this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 c 38 § 4.]
18.32.916
18.32.917 Severability—Headings and captions not
law—Effective date—1994 sp.s. c 9. See RCW 18.79.900
through 18.79.902.
18.32.917
Chapter 18.34
Chapter 18.34 RCW
DISPENSING OPTICIANS
Sections
18.34.005
18.34.010
18.34.020
18.34.030
18.34.050
18.34.060
18.34.070
18.34.080
18.34.110
18.34.115
18.34.120
18.34.136
18.34.141
18.34.900
Regulation of health care professions—Criteria.
Licensing—Exemptions—Limitations.
Definitions.
Apprentices.
Examining committee—Compensation and travel expenses.
Dispensing optician.
Applicants—Eligibility for examination—Fee.
Examination—Issuance and display of license.
Existing practitioner—Fee.
Credentialing by endorsement.
Renewal registration fee—Continuing education.
Application of uniform disciplinary act.
License required.
Severability—1957 c 43.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Homeless person vision services: RCW 43.20A.800 through 43.20A.850.
18.34.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.34.005
18.34.010 Licensing—Exemptions—Limitations.
Nothing in this chapter shall:
(1) Be construed to limit or restrict a duly licensed physician or optometrist or employees working under the personal supervision of a duly licensed physician or optometrist
from the practices enumerated in this chapter, and each such
18.34.060
licensed physician and optometrist shall have all the rights
and privileges which may accrue under this chapter to dispensing opticians licensed hereunder;
(2) Be construed to prohibit an unlicensed person from
performing mechanical work upon inert matter in an optical
office, laboratory or shop;
(3) Be construed to prohibit an unlicensed person from
engaging in the sale of spectacles, eyeglasses, magnifying
glasses, goggles, sunglasses, telescopes, binoculars, or any
such articles which are completely preassembled and sold
only as merchandise;
(4) Be construed to authorize or permit a licensee hereunder to hold himself out as being able to, or to offer to, or to
undertake to attempt, by any manner of means, to examine or
exercise eyes, diagnose, treat, correct, relieve, operate or prescribe for any human ailment, deficiency, deformity, disease
or injury. [1957 c 43 § 1.]
18.34.020
18.34.020 Definitions. The term "secretary" wherever
used in this chapter shall mean the secretary of health of the
state of Washington. The term "apprentice" wherever used in
this chapter shall mean a person who shall be designated an
apprentice in the records of the secretary at the request of a
physician, registered optometrist, or licensee hereunder, who
shall thereafter be the primary supervisor of the apprentice.
The apprentice may thereafter receive from a physician, registered optometrist, or licensee hereunder training and direct
supervision in the work of a dispensing optician. [1995 c 178
§ 1; 1991 c 3 § 74; 1979 c 158 § 37; 1957 c 43 § 2.]
18.34.030
18.34.030 Apprentices. No licensee hereunder may
have more than two apprentices in training or under their
direct supervision at any one time. However, the primary
supervisor shall be responsible for the acts of his or her
apprentices in the performance of their work in the apprenticeship program and provide the majority of the training and
direct supervision received by the apprentice. Apprentices
shall complete their apprenticeship in six years and shall not
work longer as an apprentice unless the secretary determines,
after a hearing, that the apprentice was prevented by causes
beyond his or her control from completing his or her apprenticeship and becoming a licensee hereunder in six years.
[1995 c 178 § 2; 1991 c 3 § 75; 1957 c 43 § 3.]
18.34.050
18.34.050 Examining committee—Compensation
and travel expenses. The examining committee shall consist
of three persons primarily engaged in the business of dispensing opticians and who currently hold a valid license under
this chapter. Members of the committee shall be compensated
in accordance with RCW 43.03.240 and shall be reimbursed
for travel expenses in accordance with RCW 43.03.050 and
43.03.060. [1984 c 287 § 32; 1957 c 43 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
18.34.010
(2004 Ed.)
18.34.060
18.34.060 Dispensing optician. A dispensing optician
is a person who prepares duplications of, or prepares and dispenses lenses, spectacles, eyeglasses and/or appurtenances
thereto to the intended wearers thereof on written prescriptions from physicians or optometrists, and in accordance with
[Title 18 RCW—page 87]
18.34.070
Title 18 RCW: Businesses and Professions
such prescriptions, measures, adapts, adjusts and fabricates
such lenses, spectacles, eyeglasses and/or appurtenances
thereto to the human face for the aid or correction of visual or
ocular anomalies of the human eye: PROVIDED, HOWEVER, That contact lenses may be fitted only upon a written
prescription of a physician or optometrist. [1957 c 43 § 6.]
18.34.070
18.34.070 Applicants—Eligibility for examination—
Fee. Any applicant for a license shall be examined if he or
she pays an examination fee determined by the secretary as
provided in RCW 43.70.250 and certifies under oath that he
or she:
(1) Is eighteen years or more of age; and
(2) Has graduated from an accredited high school; and
(3) Is of good moral character; and
(4) Has either:
(a) Had at least three years of apprenticeship training; or
(b) Successfully completed a prescribed course in opticianry in a college or university approved by the secretary; or
(c) Been principally engaged in practicing as a dispensing optician not in the state of Washington for five years.
[2004 c 262 § 5; 1991 c 3 § 76; 1985 c 7 § 29; 1975 1st ex.s.
c 30 § 34; 1971 ex.s. c 292 § 22; 1957 c 43 § 7.]
Findings—2004 c 262: See note following RCW 18.06.050.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
43.70.250 and 43.70.280. The secretary may adopt rules
establishing mandatory continuing education requirements to
be met by persons applying for license renewal. [1996 c 191
§ 18; 1991 c 3 § 79; 1984 c 279 § 52; 1975 1st ex.s. c 30 § 35;
1957 c 43 § 12.]
Severability—1984 c 279: See RCW 18.130.901.
18.34.136 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
19; 1986 c 259 § 45.]
18.34.136
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.34.141 License required. No person may practice
or represent himself or herself as a dispensing optician without first having a valid license to do so. [1987 c 150 § 20.]
18.34.141
Severability—1987 c 150: See RCW 18.122.901.
18.34.900 Severability—1957 c 43. If any provisions
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected. [1957 c 43 § 16.]
18.34.900
18.34.080
18.34.080 Examination—Issuance and display of
license. The examination shall determine whether the applicant has a thorough knowledge of the principles governing
the practice of a dispensing optician which is hereby declared
necessary for the protection of the public health. The examining committee may approve an examination prepared or
administered by a private testing agency or association of
licensing authorities. The secretary shall license successful
examinees and the license shall be conspicuously displayed
in the place of business of the licensee. [1995 c 198 § 3; 1991
c 3 § 77; 1957 c 43 § 8.]
18.34.110
18.34.110 Existing practitioner—Fee. The secretary
shall issue a license without examination to any person who
makes application therefor within six months after June 12,
1957, pays a fee of fifty dollars and certifies under oath that
he or she is of good moral character and has been actually and
principally engaged in the practice of a dispensing optician in
the state of Washington for a period of not less than six
months immediately preceding June 12, 1957. [1991 c 3 §
78; 1957 c 43 § 11.]
Chapter 18.35
(Formerly: Hearing aids)
Sections
18.35.005
18.35.008
18.35.010
18.35.020
18.35.030
18.35.040
18.35.050
18.35.060
18.35.070
18.35.080
18.35.085
18.35.090
18.35.095
18.35.100
18.35.105
18.35.110
18.35.120
18.35.140
18.35.150
18.34.115
18.34.115 Credentialing by endorsement. An applicant holding a credential in another state may be credentialed
to practice in this state without examination if the secretary
determines that the other state's credentialing standards are
substantially equivalent to the standards in this state. [1991 c
332 § 33.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.34.120
18.34.120 Renewal registration fee—Continuing
education. Each licensee hereunder shall pay a renewal registration fee determined by the secretary as provided in RCW
[Title 18 RCW—page 88]
Chapter 18.35 RCW
HEARING AND SPEECH SERVICES
18.35.161
18.35.162
18.35.172
18.35.175
18.35.180
18.35.185
18.35.190
18.35.195
18.35.200
18.35.205
18.35.220
18.35.230
18.35.240
18.35.250
18.35.260
Regulation of health care professions—Criteria.
Intent.
Definitions.
Hearing instruments—Dispensing—License, certificate, permit required.
Receipt required—Contents.
Applicants—Generally.
Examination—Required—When offered—Review.
Interim permit—Issuance.
Examination—Contents—Tests.
License—Generally.
Credentialing by endorsement.
Compliance with administrative procedures, requirements—
Display of license—Continuing education, competency
standards.
Licensees—Inactive status.
Place of business.
Records—Contents.
Disciplinary action—Grounds.
Disciplinary action—Additional grounds.
Powers and duties of department.
Board of hearing and speech—Created—Membership—Qualifications—Terms—Vacancies—Meetings—Compensation—Travel expenses.
Board—Powers and duties.
Unprofessional conduct.
Application of uniform disciplinary act.
Unlawful sales practices.
Application of Consumer Protection Act and False Advertising Act.
Rescission of transaction—Requirements—Notice.
Valid license prerequisite to suits.
Exemptions.
Other laws unaffected.
Chapter exclusive.
Violations—Cease and desist orders—Notice—Injunctions.
Violations—Registered agent—Service.
Violations—Surety bond or security in lieu of surety bonds.
Violations—Remedies—Actions on bond or security.
Misrepresentation of credentials.
(2004 Ed.)
Hearing and Speech Services
18.35.270
18.35.900
18.35.901
18.35.902
Assistant ratios—Data collection.
Severability—1973 1st ex.s. c 106.
Severability—1983 c 39.
Severability—1996 c 200.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
18.35.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.35.005
18.35.008 Intent. It is the intent of this chapter to protect the public health, safety, and welfare; to protect the public from being misled by incompetent, unethical, and unauthorized persons; and to assure the availability of hearing and
speech services of high quality to persons in need of such services. [1996 c 200 § 1.]
18.35.008
18.35.010 Definitions. As used in this chapter, unless
the context requires otherwise:
(1) "Assistive listening device or system" means an
amplification system that is specifically designed to improve
the signal to noise ratio for the listener, reduce interference
from noise in the background, and enhance hearing levels at
a distance by picking up sound from as close to source as possible and sending it directly to the ear of the listener, excluding hearing instruments as defined in this chapter.
(2) "Licensed audiologist" means a person who is
licensed by the department to engage in the practice of audiology and meets the qualifications in this chapter.
(3) "Audiology" means the application of principles,
methods, and procedures related to hearing and the disorders
of hearing and to related language and speech disorders,
whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory sensitivity, acuity, function, processing, or vestibular function, the
application of aural habilitation, rehabilitation, and appropriate devices including fitting and dispensing of hearing instruments, and cerumen management to treat such disorders.
(4) "Board" means the board of hearing and speech.
(5) "Department" means the department of health.
(6) "Direct supervision" means that the supervisor is
physically present and in the same room with the interim permit holder, observing the nondiagnostic testing, fitting, and
dispensing activities at all times.
(7) "Establishment" means any permanent site housing a
person engaging in the practice of fitting and dispensing of
hearing instruments by a hearing instrument fitter/dispenser
or audiologist; where the client can have personal contact and
counsel during the firm's business hours; where business is
conducted; and the address of which is given to the state for
the purpose of bonding.
(8) "Facility" means any permanent site housing a person
engaging in the practice of speech-language pathology and/or
audiology, excluding the sale, lease, or rental of hearing
instruments.
(9) "Fitting and dispensing of hearing instruments"
means the sale, lease, or rental or attempted sale, lease, or
rental of hearing instruments together with the selection and
modification of hearing instruments and the administration of
nondiagnostic tests as specified by RCW 18.35.110 and the
use of procedures essential to the performance of these func18.35.010
(2004 Ed.)
18.35.020
tions; and includes recommending specific hearing instrument systems, specific hearing instruments, or specific hearing instrument characteristics, the taking of impressions for
ear molds for these purposes, the use of nondiagnostic procedures and equipment to verify the appropriateness of the
hearing instrument fitting, and hearing instrument orientation. The fitting and dispensing of hearing instruments as
defined by this chapter may be equally provided by a licensed
hearing instrument fitter/dispenser or licensed audiologist.
(10) "Good standing" means a licensed hearing instrument fitter/dispenser, licensed audiologist, or licensed
speech-language pathologist whose license has not been subject to sanctions pursuant to chapter 18.130 RCW or sanctions by other states, territories, or the District of Columbia in
the last two years.
(11) "Hearing instrument" means any wearable prosthetic instrument or device designed for or represented as aiding, improving, compensating for, or correcting defective
human hearing and any parts, attachments, or accessories of
such an instrument or device, excluding batteries and cords,
ear molds, and assistive listening devices.
(12) "Hearing instrument fitter/dispenser" means a person who is licensed to engage in the practice of fitting and
dispensing of hearing instruments and meets the qualifications of this chapter.
(13) "Interim permit holder" means a person who holds
the permit created under RCW 18.35.060 and who practices
under the direct supervision of a licensed hearing instrument
fitter/dispenser, licensed speech-language pathologist, or
licensed audiologist.
(14) "Secretary" means the secretary of health.
(15) "Licensed speech-language pathologist" means a
person who is licensed by the department to engage in the
practice of speech-language pathology and meets the qualifications of this chapter.
(16) "Speech-language pathology" means the application
of principles, methods, and procedures related to the development and disorders, whether of organic or nonorganic origin,
that impede oral, pharyngeal, or laryngeal sensorimotor competencies and the normal process of human communication
including, but not limited to, disorders and related disorders
of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition/communication,
and the application of augmentative communication treatment and devices for treatment of such disorders. [2002 c
310 § 1; 1998 c 142 § 1; 1996 c 200 § 2; 1993 c 313 § 1; 1991
c 3 § 80; 1983 c 39 § 1; 1979 c 158 § 38; 1973 1st ex.s. c 106
§ 1.]
Effective date—2002 c 310: "This act takes effect January 1, 2003."
[2002 c 310 § 27.]
Effective date—1998 c 142 §§ 1-14 and 16-20: "Sections 1 through 14
and 16 through 20 of this act take effect January 1, 2003." [1998 c 142 § 21.]
18.35.020
18.35.020 Hearing instruments—Dispensing—
License, certificate, permit required. (1) No person shall
engage in the fitting and dispensing of hearing instruments or
imply or represent that he or she is engaged in the fitting and
dispensing of hearing instruments unless he or she is a
licensed hearing instrument fitter/dispenser or a licensed
audiologist or holds an interim permit issued by the department as provided in this chapter and is an owner or employee
[Title 18 RCW—page 89]
18.35.030
Title 18 RCW: Businesses and Professions
of an establishment that is bonded as provided by RCW
18.35.240. The owner or manager of an establishment that
dispenses hearing instruments is responsible under this chapter for all transactions made in the establishment name or
conducted on its premises by agents or persons employed by
the establishment engaged in fitting and dispensing of hearing instruments. Every establishment that fits and dispenses
shall have in its employ at least one licensed hearing instrument fitter/dispenser or licensed audiologist at all times, and
shall annually submit proof that all testing equipment at that
establishment that is required by the board to be calibrated
has been properly calibrated.
(2) Effective January 1, 2003, no person shall engage in
the practice of audiology or imply or represent that he or she
is engaged in the practice of audiology unless he or she is a
licensed audiologist or holds an audiology interim permit
issued by the department as provided in this chapter. Audiologists who are certified as educational staff associates by the
state board of education are excluded unless they elect to
become licensed under this chapter.
(3) Effective January 1, 2003, no person shall engage in
the practice of speech-language pathology or imply or represent that he or she is engaged in the practice of speech-language pathology unless he or she is a licensed speech-language pathologist or holds a speech-language pathology
interim permit issued by the department as provided in this
chapter. Speech-language pathologists who are certified as
educational staff associates by the state board of education
are excluded unless they elect to become licensed under this
chapter. [2002 c 310 § 2; 1998 c 142 § 2; 1996 c 200 § 3;
1989 c 198 § 1; 1983 c 39 § 2; 1973 1st ex.s c 106 § 2.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.030 Receipt required—Contents. Any person
who engages in fitting and dispensing of hearing instruments
shall provide to each person who enters into an agreement to
purchase a hearing instrument a receipt at the time of the
agreement containing the following information:
(1) The seller's name, signature, license, or permit number, address, and phone number of his or her regular place of
business;
(2) A description of the instrument furnished, including
make, model, circuit options, and the term "used" or "reconditioned" if applicable;
(3) A disclosure of the cost of all services including but
not limited to the cost of testing and fitting, the actual cost of
the hearing instrument furnished, the cost of ear molds if any,
and the terms of the sale. These costs, including the cost of
ear molds, shall be known as the total purchase price. The
receipt shall also contain a statement of the purchaser's recision rights under this chapter and an acknowledgment that
the purchaser has read and understands these rights. Upon
request, the purchaser shall also be supplied with a signed
and dated copy of any hearing evaluation performed by the
seller.
(4) At the time of delivery of the hearing instrument, the
purchaser shall also be furnished with the serial number of
the hearing instrument supplied. [2002 c 310 § 3; 1996 c 200
§ 4; 1983 c 39 § 3; 1973 1st ex.s. c 106 § 3.]
18.35.030
[Title 18 RCW—page 90]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.040
18.35.040 Applicants—Generally. (1) An applicant
for licensure as a hearing instrument fitter/dispenser must
have the following minimum qualifications and shall pay a
fee determined by the secretary as provided in RCW
43.70.250. An applicant shall be issued a license under the
provisions of this chapter if the applicant:
(a)(i) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter; or
(ii) Holds a current, unsuspended, unrevoked license
from another jurisdiction if the standards for licensing in such
other jurisdiction are substantially equivalent to those prevailing in this state;
(b) Satisfactorily completes a minimum of a two-year
degree program in hearing instrument fitter/dispenser
instruction. The program must be approved by the board; and
(c) Has not committed unprofessional conduct as specified by the uniform disciplinary act.
The applicant must present proof of qualifications to the
board in the manner and on forms prescribed by the secretary
and proof of completion of a minimum of four clock hours of
AIDS education and training pursuant to rules adopted by the
board.
(2) An applicant for licensure as a speech-language
pathologist or audiologist must have the following minimum
qualifications:
(a) Has not committed unprofessional conduct as specified by the uniform disciplinary act;
(b) Has a master's degree or the equivalent, or a doctorate
degree or the equivalent, from a program at a board-approved
institution of higher learning, which includes completion of a
supervised clinical practicum experience as defined by rules
adopted by the board; and
(c) Has completed postgraduate professional work experience approved by the board.
All qualified applicants must satisfactorily complete the
speech-language pathology or audiology examinations
required by this chapter.
The applicant must present proof of qualifications to the
board in the manner and on forms prescribed by the secretary
and proof of completion of a minimum of four clock hours of
AIDS education and training pursuant to rules adopted by the
board. [2002 c 310 § 4; 1998 c 142 § 3; 1996 c 200 § 5; 1991
c 3 § 81; 1989 c 198 § 2; 1985 c 7 § 30; 1983 c 39 § 4; 1975
1st ex.s. c 30 § 36; 1973 1st ex.s. c 106 § 4.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.050
18.35.050 Examination—Required—When
offered—Review. Except as otherwise provided in this
chapter an applicant for license shall appear at a time and
place and before such persons as the department may designate to be examined by written or practical tests, or both.
Examinations in hearing instrument fitting/dispensing,
speech-language pathology, and audiology shall be held
within the state at least once a year. The examinations shall
be reviewed annually by the board and the department, and
revised as necessary. The examinations shall include appropriate subject matter to ensure the competence of the appli(2004 Ed.)
Hearing and Speech Services
cant. Nationally recognized examinations in the fields of fitting and dispensing of hearing instruments, speech-language
pathology, and audiology may be used to determine if applicants are qualified for licensure. An applicant who fails an
examination may apply for reexamination upon payment of a
reexamination fee. The hearing instrument fitting/dispensing
reexamination fee for hearing instrument fitter/dispensers
and audiologists shall be set by the secretary under RCW
43.70.250. [2002 c 310 § 5; 1996 c 200 § 6; 1993 c 313 § 2;
1989 c 198 § 3; 1983 c 39 § 5; 1973 1st ex.s. c 106 § 5.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.060
18.35.060 Interim permit—Issuance. The department, upon approval by the board, shall issue an interim permit authorizing an applicant for speech-language pathologist
licensure or audiologist licensure who, except for the postgraduate professional experience and the examination
requirements, meets the academic and practicum requirements of RCW 18.35.040(2) to practice under direct supervision. The interim permit is valid for a period of one year from
date of issuance. The board shall determine conditions for the
interim permit. [2002 c 310 § 6; 1998 c 142 § 4; 1997 c 275
§ 3. Prior: 1996 c 200 § 7; 1996 c 191 § 19; 1993 c 313 § 3;
1991 c 3 § 82; 1985 c 7 § 31; 1983 c 39 § 6; 1975 1st ex.s. c
30 § 37; 1973 1st ex.s. c 106 § 6.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.095
18.35.080 License—Generally. (1) The department
shall license each qualified applicant who satisfactorily completes the required examinations for his or her profession and
complies with administrative procedures and administrative
requirements established pursuant to RCW 43.70.250 and
43.70.280.
(2) The board shall waive the requirements of RCW
18.35.040 and 18.35.050 and grant an audiology license to a
person who on January 1, 2003, holds a current audiology
certificate issued by the department.
(3) The board shall waive the requirements of RCW
18.35.040 and 18.35.050 and grant a speech-language pathology license to a person who on January 1, 2003, holds a current speech-language pathology certificate issued by the
department. [2002 c 310 § 7; 1997 c 275 § 4. Prior: 1996 c
200 § 9; 1996 c 191 § 20; 1991 c 3 § 83; 1989 c 198 § 4; 1985
c 7 § 32; 1975 1st ex.s. c 30 § 38; 1973 1st ex.s. c 106 § 8.]
18.35.080
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.085
18.35.085 Credentialing by endorsement. An applicant holding a credential in another state, territory, or the District of Columbia may be credentialed to practice in this state
without examination if the board determines that the other
state's credentialing standards are substantially equivalent to
the standards in this state. [1996 c 200 § 10; 1991 c 332 §
31.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.35.090
18.35.070
18.35.070 Examination—Contents—Tests. The hearing instrument fitter/dispenser written or practical examination, or both, provided in RCW 18.35.050 shall consist of:
(1) Tests of knowledge in the following areas as they
pertain to the fitting of hearing instruments:
(a) Basic physics of sound;
(b) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal
hearing and hearing disorders; and
(c) Structure and function of hearing instruments.
(2) Tests of proficiency in the following areas as they
pertain to the fitting of hearing instruments:
(a) Pure tone audiometry, including air conduction testing and bone conduction testing;
(b) Live voice or recorded voice speech audiometry,
including speech reception threshold testing and speech discrimination testing;
(c) Effective masking;
(d) Recording and evaluation of audiograms and speech
audiometry to determine hearing instrument candidacy;
(e) Selection and adaptation of hearing instruments and
testing of hearing instruments; and
(f) Taking ear mold impressions.
(3) Evidence of knowledge regarding the medical and
rehabilitation facilities for children and adults that are available in the area served.
(4) Evidence of knowledge of grounds for revocation or
suspension of license under the provisions of this chapter.
(5) Any other tests as the board may by rule establish.
[1996 c 200 § 8; 1973 1st ex.s. c 106 § 7.]
(2004 Ed.)
18.35.090 Compliance with administrative procedures, requirements—Display of license—Continuing
education, competency standards. Each person who
engages in practice under this chapter shall comply with
administrative procedures and administrative requirements
established under RCW 43.70.250 and 43.70.280 and shall
keep the license or interim permit conspicuously posted in
the place of business at all times. The secretary may establish
mandatory continuing education requirements and/or continued competency standards to be met by licensees or interim
permit holders as a condition for license or interim permit
renewal. [2002 c 310 § 8; 1998 c 142 § 5; 1997 c 275 § 5.
Prior: 1996 c 200 § 11; 1996 c 191 § 21; 1991 c 3 § 84; 1989
c 198 § 5; 1985 c 7 § 33; 1983 c 39 § 7; 1973 1st ex.s. c 106
§ 9.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.095
18.35.095 Licensees—Inactive status. (1) A hearing
instrument fitter/dispenser licensed under this chapter and not
actively practicing may be placed on inactive status by the
department at the written request of the licensee. The board
shall define by rule the conditions for inactive status licensure. In addition to the requirements of RCW 43.24.086, the
licensing fee for a licensee on inactive status shall be directly
related to the costs of administering an inactive license by the
department. A hearing instrument fitter/dispenser on inactive
status may be voluntarily placed on active status by notifying
the department in writing, paying the remainder of the licensing fee for the licensing year, and complying with subsection
(2) of this section.
[Title 18 RCW—page 91]
18.35.100
Title 18 RCW: Businesses and Professions
(2) Hearing instrument fitter/dispenser inactive licensees
applying for active licensure shall comply with the following:
A licensee who has not fitted or dispensed hearing instruments for more than five years from the expiration of the licensee's full fee license shall retake the practical or the written,
or both, hearing instrument fitter/dispenser examinations
required under this chapter and other requirements as determined by the board. Persons who have inactive status in this
state but who are actively licensed and in good standing in
any other state shall not be required to take the hearing instrument fitter/dispenser practical examination, but must submit
an affidavit attesting to their knowledge of the current Washington Administrative Code rules and Revised Code of
Washington statutes pertaining to the fitting and dispensing
of hearing instruments.
(3) A speech-language pathologist or audiologist
licensed under this chapter and not actively practicing either
speech-language pathology or audiology may be placed on
inactive status by the department at the written request of the
license holder. The board shall define by rule the conditions
for inactive status licensure. In addition to the requirements
of RCW 43.24.086, the fee for a license on inactive status
shall be directly related to the cost of administering an inactive license by the department. A person on inactive status
may be voluntarily placed on active status by notifying the
department in writing, paying the remainder of the fee for the
year, and complying with subsection (4) of this section.
(4) Speech-language pathologist or audiologist inactive
license holders applying for active licensure shall comply
with requirements set forth by the board, which may include
completion of continuing competency requirements and taking an examination. [2002 c 310 § 9; 1996 c 200 § 12; 1993
c 313 § 12.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.100
18.35.100 Place of business. (1) Every hearing instrument fitter/dispenser, audiologist, speech-language pathologist, or interim permit holder, who is regulated under this
chapter, shall notify the department in writing of the regular
address of the place or places in the state of Washington
where the person practices or intends to practice more than
twenty consecutive business days and of any change thereof
within ten days of such change. Failure to notify the department in writing shall be grounds for suspension or revocation
of the license or interim permit.
(2) The department shall keep a record of the places of
business of persons who hold licenses or interim permits.
(3) Any notice required to be given by the department to
a person who holds a license or interim permit may be given
by mailing it to the address of the last establishment or facility of which the person has notified the department, except
that notice to a licensee or interim permit holder of proceedings to deny, suspend, or revoke the license or interim permit
shall be by certified or registered mail or by means authorized
for service of process. [2002 c 310 § 10; 1998 c 142 § 6;
1996 c 200 § 13; 1983 c 39 § 8; 1973 1st ex.s. c 106 § 10.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
[Title 18 RCW—page 92]
18.35.105
18.35.105 Records—Contents. Each licensee and
interim permit holder under this chapter shall keep records of
all services rendered for a minimum of three years. These
records shall contain the names and addresses of all persons
to whom services were provided. Hearing instrument fitter/dispensers, audiologists, and interim permit holders shall
also record the date the hearing instrument warranty expires,
a description of the services and the dates the services were
provided, and copies of any contracts and receipts. All
records, as required pursuant to this chapter or by rule, shall
be owned by the establishment or facility and shall remain
with the establishment or facility in the event the licensee
changes employment. If a contract between the establishment
or facility and the licensee provides that the records are to
remain with the licensee, copies of such records shall be provided to the establishment or facility. [2002 c 310 § 11; 1998
c 142 § 7; 1996 c 200 § 14; 1989 c 198 § 6; 1983 c 39 § 16.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.110
18.35.110 Disciplinary action—Grounds. In addition
to causes specified under RCW 18.130.170 and 18.130.180,
any person licensed or holding an interim permit under this
chapter may be subject to disciplinary action by the board for
any of the following causes:
(1) For unethical conduct in dispensing hearing instruments. Unethical conduct shall include, but not be limited to:
(a) Using or causing or promoting the use of, in any
advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is false,
misleading or deceptive;
(b) Failing or refusing to honor or to perform as represented any representation, promise, agreement, or warranty
in connection with the promotion, sale, dispensing, or fitting
of the hearing instrument;
(c) Advertising a particular model, type, or kind of hearing instrument for sale which purchasers or prospective purchasers responding to the advertisement cannot purchase or
are dissuaded from purchasing and where it is established
that the purpose of the advertisement is to obtain prospects
for the sale of a different model, type, or kind than that advertised;
(d) Falsifying hearing test or evaluation results;
(e)(i) Whenever any of the following conditions are
found or should have been found to exist either from observations by the licensee or interim permit holder or on the basis
of information furnished by the prospective hearing instrument user prior to fitting and dispensing a hearing instrument
to any such prospective hearing instrument user, failing to
advise that prospective hearing instrument user in writing
that the user should first consult a licensed physician specializing in diseases of the ear or if no such licensed physician is
available in the community then to any duly licensed physician:
(A) Visible congenital or traumatic deformity of the ear,
including perforation of the eardrum;
(B) History of, or active drainage from the ear within the
previous ninety days;
(2004 Ed.)
Hearing and Speech Services
(C) History of sudden or rapidly progressive hearing loss
within the previous ninety days;
(D) Acute or chronic dizziness;
(E) Any unilateral hearing loss;
(F) Significant air-bone gap when generally acceptable
standards have been established as defined by the food and
drug administration;
(G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal;
(H) Pain or discomfort in the ear; or
(I) Any other conditions that the board may by rule
establish. It is a violation of this subsection for any licensee
or that licensee's employees and putative agents upon making
such required referral for medical opinion to in any manner
whatsoever disparage or discourage a prospective hearing
instrument user from seeking such medical opinion prior to
the fitting and dispensing of a hearing instrument. No such
referral for medical opinion need be made by any licensed
hearing instrument fitter/dispenser, licensed audiologist, or
interim permit holder in the instance of replacement only of a
hearing instrument which has been lost or damaged beyond
repair within twelve months of the date of purchase. The
licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder or their employees or putative
agents shall obtain a signed statement from the hearing
instrument user documenting the waiver of medical clearance
and the waiver shall inform the prospective user that signing
the waiver is not in the user's best health interest: PROVIDED, That the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder shall
maintain a copy of either the physician's statement showing
that the prospective hearing instrument user has had a medical evaluation within the previous six months or the statement waiving medical evaluation, for a period of three years
after the purchaser's receipt of a hearing instrument. Nothing
in this section required to be performed by a licensee or
interim permit holder shall mean that the licensee or interim
permit holder is engaged in the diagnosis of illness or the
practice of medicine or any other activity prohibited under
the laws of this state;
(ii) Fitting and dispensing a hearing instrument to any
person under eighteen years of age who has not been examined and cleared for hearing instrument use within the previous six months by a physician specializing in otolaryngology
except in the case of replacement instruments or except in the
case of the parents or guardian of such person refusing, for
good cause, to seek medical opinion: PROVIDED, That
should the parents or guardian of such person refuse, for good
cause, to seek medical opinion, the licensed hearing instrument fitter/dispenser or licensed audiologist shall obtain from
such parents or guardian a certificate to that effect in a form
as prescribed by the department;
(iii) Fitting and dispensing a hearing instrument to any
person under eighteen years of age who has not been examined by an audiologist who holds at least a master's degree in
audiology for recommendations during the previous six
months, without first advising such person or his or her parents or guardian in writing that he or she should first consult
an audiologist who holds at least a master's degree in audiology, except in cases of hearing instruments replaced within
twelve months of their purchase;
(2004 Ed.)
18.35.120
(f) Representing that the services or advice of a person
licensed to practice medicine and surgery under chapter
18.71 RCW or osteopathic medicine and surgery under chapter 18.57 RCW or of a clinical audiologist will be used or
made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments when that is not true,
or using the word "doctor," "clinic," or other like words,
abbreviations, or symbols which tend to connote a medical or
osteopathic medicine and surgery profession when such use
is not accurate;
(g) Permitting another to use his or her license or interim
permit;
(h) Stating or implying that the use of any hearing instrument will restore normal hearing, preserve hearing, prevent
or retard progression of a hearing impairment, or any other
false, misleading, or medically or audiologically unsupportable claim regarding the efficiency of a hearing instrument;
(i) Representing or implying that a hearing instrument is
or will be "custom-made," "made to order," "prescription
made," or in any other sense specially fabricated for an individual when that is not the case; or
(j) Directly or indirectly offering, giving, permitting, or
causing to be given, money or anything of value to any person who advised another in a professional capacity as an
inducement to influence that person, or to have that person
influence others to purchase or contract to purchase any product sold or offered for sale by the hearing instrument fitter/dispenser, audiologist, or interim permit holder, or to
influence any person to refrain from dealing in the products
of competitors.
(2) Engaging in any unfair or deceptive practice or unfair
method of competition in trade within the meaning of RCW
19.86.020.
(3) Aiding or abetting any violation of the rebating laws
as stated in chapter 19.68 RCW. [2002 c 310 § 12; 1998 c
142 § 8. Prior: 1996 c 200 § 15; 1996 c 178 § 1; 1993 c 313
§ 4; 1987 c 150 § 22; 1983 c 39 § 9; 1973 1st ex.s. c 106 § 11.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Effective date—1996 c 178: "This act shall take effect July 1, 1996."
[1996 c 178 § 25.]
Severability—1987 c 150: See RCW 18.122.901.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.35.120
18.35.120 Disciplinary action—Additional grounds.
A licensee or interim permit holder under this chapter may
also be subject to disciplinary action if the licensee or interim
permit holder:
(1) Is found guilty in any court of any crime involving
forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and ten
years have not elapsed since the date of the conviction; or
(2) Has a judgment entered against him or her in any
civil action involving forgery, embezzlement, obtaining
money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date
of the entry of the final judgment in the action, but a license
shall not be issued unless the judgment debt has been discharged; or
[Title 18 RCW—page 93]
18.35.140
Title 18 RCW: Businesses and Professions
(3) Has a judgment entered against him or her under
chapter 19.86 RCW and two years have not elapsed since the
entry of the final judgment; but a license shall not be issued
unless there has been full compliance with the terms of such
judgment, if any. The judgment shall not be grounds for
denial, suspension, nonrenewal, or revocation of a license
unless the judgment arises out of and is based on acts of the
applicant, licensee, or employee of the licensee; or
(4) Commits unprofessional conduct as defined in RCW
18.130.180 of the uniform disciplinary act. [2002 c 310 § 13;
1998 c 142 § 9; 1996 c 200 § 17; 1983 c 39 § 10; 1973 1st
ex.s. c 106 § 12.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Penalties authorized: RCW 18.35.161.
18.35.140 Powers and duties of department. The
powers and duties of the department, in addition to the powers and duties provided under other sections of this chapter,
are as follows:
(1) To provide space necessary to carry out the examination set forth in RCW 18.35.070 of applicants for hearing
instrument fitter/dispenser licenses or audiology licenses.
(2) To authorize all disbursements necessary to carry out
the provisions of this chapter.
(3) To require the periodic examination of testing equipment, as defined by the board, and to carry out the periodic
inspection of facilities or establishments of persons who are
licensed under this chapter, as reasonably required within the
discretion of the department.
(4) To appoint advisory committees as necessary.
(5) To keep a record of proceedings under this chapter
and a register of all persons licensed or holding interim permits under this chapter. The register shall show the name of
every living licensee or interim permit holder for hearing
instrument fitting/dispensing, every living licensee or interim
permit holder for speech-language pathology, every living
licensee or interim permit holder for audiology, with his or
her last known place of residence and the date and number of
his or her license or interim permit. [2002 c 310 § 14; 1998 c
142 § 10; 1996 c 200 § 18; 1993 c 313 § 5; 1983 c 39 § 11;
1973 1st ex.s. c 106 § 14.]
18.35.140
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.150 Board of hearing and speech—Created—
Membership—Qualifications—Terms—Vacancies—
Meetings—Compensation—Travel expenses. (1) There is
created hereby the board of hearing and speech to govern the
three separate professions: Hearing instrument fitting/dispensing, audiology, and speech-language pathology. The
board shall consist of ten members to be appointed by the
governor.
(2) Members of the board shall be residents of this state.
Three members shall represent the public and shall have an
interest in the rights of consumers of health services, and
shall not be or have been a member of, or married to a member of, another licensing board, a licensee of a health occupation board, an employee of a health facility, nor derive his or
18.35.150
[Title 18 RCW—page 94]
her primary livelihood from the provision of health services
at any level of responsibility. Two members shall be hearing
instrument fitter/dispensers who are licensed under this chapter, have at least five years of experience in the practice of
hearing instrument fitting and dispensing, and must be
actively engaged in fitting and dispensing within two years of
appointment. Two members of the board shall be audiologists
licensed under this chapter who have at least five years of
experience in the practice of audiology and must be actively
engaged in practice within two years of appointment. Two
members of the board shall be speech-language pathologists
licensed under this chapter who have at least five years of
experience in the practice of speech-language pathology and
must be actively engaged in practice within two years of
appointment. One advisory nonvoting member shall be a
medical physician licensed in the state of Washington.
(3) The term of office of a member is three years. Of the
initial appointments, one hearing instrument fitter/dispenser,
one speech-language pathologist, one audiologist, and one
consumer shall be appointed for a term of two years, and one
hearing instrument fitter/dispenser, one speech-language
pathologist, one audiologist, and two consumers shall be
appointed for a term of three years. Thereafter, all appointments shall be made for expired terms. No member shall be
appointed to serve more than two consecutive terms. A member shall continue to serve until a successor has been
appointed. The governor shall either reappoint the member or
appoint a successor to assume the member's duties at the
expiration of his or her predecessor's term. A vacancy in the
office of a member shall be filled by appointment for the
unexpired term.
(4) The chair shall rotate annually among the hearing
instrument fitter/dispensers, speech-language pathologists,
audiologists, and public members serving on the board. In the
absence of the chair, the board shall appoint an interim chair.
In event of a tie vote, the issue shall be brought to a second
vote and the chair shall refrain from voting.
(5) The board shall meet at least once each year, at a
place, day and hour determined by the board, unless otherwise directed by a majority of board members. The board
shall also meet at such other times and places as are requested
by the department or by three members of the board. A quorum is a majority of the board. A hearing instrument fitter/dispenser, speech-language pathologist, and audiologist
must be represented. Meetings of the board shall be open and
public, except the board may hold executive sessions to the
extent permitted by chapter 42.30 RCW.
(6) Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their
travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(7) The governor may remove a member of the board for
cause at the recommendation of a majority of the board.
[2002 c 310 § 15; 1996 c 200 § 19; 1993 c 313 § 6; 1989 c 198
§ 7; 1984 c 287 § 33; 1983 c 39 § 12; 1975-'76 2nd ex.s. c 34
§ 35; 1973 1st ex.s. c 106 § 15.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
(2004 Ed.)
Hearing and Speech Services
Secretary of health or designee as ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.35.161 Board—Powers and duties. The board shall
have the following powers and duties:
(1) To establish by rule such minimum standards and
procedures in the fitting and dispensing of hearing instruments as deemed appropriate and in the public interest;
(2) To adopt any other rules necessary to implement this
chapter and which are not inconsistent with it;
(3) To develop, approve, and administer or supervise the
administration of examinations to applicants for licensure
under this chapter;
(4) To require a licensee or interim permit holder to
make restitution to any individual injured by a violation of
this chapter or chapter 18.130 RCW, the uniform disciplinary
act. The authority to require restitution does not limit the
board's authority to take other action deemed appropriate and
provided for in this chapter or chapter 18.130 RCW;
(5) To pass upon the qualifications of applicants for
licensure or interim permits and to certify to the secretary;
(6) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license under this chapter;
(7) To keep an official record of all its proceedings. The
record is evidence of all proceedings of the board that are set
forth in this record;
(8) To adopt rules, if the board finds it appropriate, in
response to questions put to it by professional health associations, hearing instrument fitter/dispensers or audiologists,
speech-language pathologists, interim permit holders, and
consumers in this state; and
(9) To adopt rules relating to standards of care relating to
hearing instrument fitter/dispensers or audiologists, including the dispensing of hearing instruments, and relating to
speech-language pathologists, including dispensing of communication devices. [2002 c 310 § 16; 1998 c 142 § 11; 1996
c 200 § 20; 1993 c 313 § 7; 1987 c 150 § 23; 1983 c 39 § 13.]
18.35.161
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.
18.35.162 Unprofessional conduct. Violation of the
standards adopted by rule under RCW 18.35.161 is unprofessional conduct under this chapter and chapter 18.130 RCW.
[1996 c 200 § 21.]
18.35.162
18.35.172 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses and
interim permits, and the discipline of licensees and permit
holders under this chapter. [2002 c 310 § 17; 1998 c 142 §
12; 1996 c 200 § 22; 1987 c 150 § 21.]
18.35.172
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.
18.35.175 Unlawful sales practices. It is unlawful to fit
or dispense a hearing instrument to a resident of this state if
18.35.175
(2004 Ed.)
18.35.185
the attempted sale or purchase is offered or made by telephone or mail order and there is no face-to-face contact to test
or otherwise determine the needs of the prospective purchaser. This section does not apply to the sale of hearing
instruments by wholesalers to licensees under this chapter.
[2002 c 310 § 18; 1996 c 200 § 23; 1983 c 39 § 21.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.180
18.35.180 Application of Consumer Protection Act
and False Advertising Act. Acts and practices in the course
of trade in the promoting, advertising, selling, fitting, and dispensing of hearing instruments shall be subject to the provisions of chapter 19.86 RCW (Consumer Protection Act) and
RCW 9.04.050 (False Advertising Act) and any violation of
the provisions of this chapter shall constitute violation of
RCW 19.86.020. [1996 c 200 § 24; 1973 1st ex.s. c 106 §
18.]
18.35.185
18.35.185 Rescission of transaction—Requirements—Notice. (1) In addition to any other rights and remedies a purchaser may have, the purchaser of a hearing instrument shall have the right to rescind the transaction for other
than the licensed hearing instrument fitter/dispenser, licensed
audiologist, or interim permit holder's breach if:
(a) The purchaser, for reasonable cause, returns the hearing instrument or holds it at the licensed hearing instrument
fitter/dispenser, licensed audiologist, or interim permit
holder's disposal, if the hearing instrument is in its original
condition less normal wear and tear. "Reasonable cause"
shall be defined by the board but shall not include a mere
change of mind on the part of the purchaser or a change of
mind related to cosmetic concerns of the purchaser about
wearing a hearing instrument; and
(b) The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the establishment
employing the licensed hearing instrument fitter/dispenser,
licensed audiologist, or interim permit holder at the time the
hearing instrument was originally purchased, and the notice
is posted not later than thirty days following the date of delivery, but the purchaser and the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder
may extend the deadline for posting of the notice of rescission by mutual, written agreement. In the event the hearing
instrument develops a problem which qualifies as a reasonable cause for recision or which prevents the purchaser from
evaluating the hearing instrument, and the purchaser notifies
the establishment employing the licensed hearing instrument
fitter/dispenser, licensed audiologist, or interim permit holder
of the problem during the thirty days following the date of
delivery and documents such notification, the deadline for
posting the notice of rescission shall be extended by an equal
number of days as those between the date of the notification
of the problem to the date of notification of availability for
redeliveries. Where the hearing instrument is returned to the
licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder for any inspection for modification or repair, and the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder
has notified the purchaser that the hearing instrument is available for redelivery, and where the purchaser has not
[Title 18 RCW—page 95]
18.35.190
Title 18 RCW: Businesses and Professions
responded by either taking possession of the hearing instrument or instructing the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder to forward it to the purchaser, then the deadline for giving notice of
the recision shall extend no more than seven working days
after this notice of availability.
(2) If the transaction is rescinded under this section or as
otherwise provided by law and the hearing instrument is
returned to the licensed hearing instrument fitter/dispenser,
licensed audiologist, or interim permit holder, the licensed
hearing instrument fitter/dispenser, licensed audiologist, or
interim permit holder shall refund to the purchaser any payments or deposits for that hearing instrument. However, the
licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder may retain, for each hearing
instrument, fifteen percent of the total purchase price or one
hundred twenty-five dollars, whichever is less. After December 31, 1996, the recision amount shall be determined by the
board. The licensed hearing instrument fitter/dispenser,
licensed audiologist, or interim permit holder shall also return
any goods traded in contemplation of the sale, less any costs
incurred by the licensed hearing instrument fitter/dispenser,
licensed audiologist, or interim permit holder in making those
goods ready for resale. The refund shall be made within ten
business days after the rescission. The buyer shall incur no
additional liability for such rescission.
(3) For the purposes of this section, the purchaser shall
have recourse against the bond held by the establishment
entering into a purchase agreement with the buyer, as provided by RCW 18.35.240. [2002 c 310 § 19; 1998 c 142 § 13;
1996 c 200 § 25; 1993 c 313 § 9; 1989 c 198 § 12.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.190 Valid license prerequisite to suits. In addition to remedies otherwise provided by law, in any action
brought by or on behalf of a person required to be licensed or
to hold an interim permit under this chapter, or by any
assignee or transferee, it shall be necessary to allege and
prove that the licensee or interim permit holder at the time of
the transaction held a valid license or interim permit as
required by this chapter, and that such license or interim permit has not been suspended or revoked pursuant to RCW
18.35.110, 18.35.120, or 18.130.160. [2002 c 310 § 20; 1998
c 142 § 14; 1996 c 200 § 26; 1989 c 198 § 8; 1987 c 150 § 24;
1983 c 39 § 14; 1973 1st ex.s. c 106 § 19.]
18.35.190
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.
18.35.195 Exemptions. (1) This chapter shall not apply
to military or federal government employees.
(2) This chapter does not prohibit or regulate:
(a) Fitting or dispensing by students enrolled in a boardapproved program who are directly supervised by a licensed
hearing instrument fitter/dispenser, a licensed audiologist
under the provisions of this chapter, or an instructor at a twoyear hearing instrument fitter/dispenser degree program that
is approved by the board;
18.35.195
[Title 18 RCW—page 96]
(b) Hearing instrument fitter/dispensers, speech-language pathologists, or audiologists of other states, territories,
or countries, or the District of Columbia while appearing as
clinicians of bona fide educational seminars sponsored by
speech-language pathology, audiology, hearing instrument
fitter/dispenser, medical, or other healing art professional
associations so long as such activities do not go beyond the
scope of practice defined by this chapter; and
(c) The practice of audiology or speech-language pathology by persons certified by the state board of education as
educational staff associates, except for those persons electing
to be licensed under this chapter. [2002 c 310 § 21; 1998 c
142 § 15; 1996 c 200 § 27; 1983 c 39 § 22.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.200
18.35.200 Other laws unaffected. The provisions of
this chapter shall not exclude the application of any other law
to persons or circumstances covered under this chapter.
[1973 1st ex.s. c 106 § 20.]
18.35.205
18.35.205 Chapter exclusive. The legislature finds that
the public health, safety, and welfare would best be protected
by uniform regulation of hearing instrument fitter/dispensers,
speech-language pathologists, audiologists, and interim permit holders throughout the state. Therefore, the provisions of
this chapter relating to the licensing of hearing instrument fitter/dispensers, speech-language pathologists, and audiologists and regulation of interim permit holders and their
respective establishments or facilities is exclusive. No political subdivision of the state of Washington within whose
jurisdiction a hearing instrument fitter/dispenser, audiologist,
or speech-language pathologist establishment or facility is
located may require any registrations, bonds, licenses, certificates, or interim permits of the establishment or facility or its
employees or charge any fee for the same or similar purposes:
PROVIDED, HOWEVER, That nothing herein shall limit or
abridge the authority of any political subdivision to levy and
collect a general and nondiscriminatory license fee levied on
all businesses, or to levy a tax based upon the gross business
conducted by any firm within the political subdivision. [2002
c 310 § 22; 1998 c 142 § 16; 1996 c 200 § 28; 1983 c 39 § 24.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.220
18.35.220 Violations—Cease and desist orders—
Notice—Injunctions. (1) If the board determines following
notice and hearing, or following notice if no hearing was
timely requested, that a person has:
(a) Violated any provisions of this chapter or chapter
18.130 RCW; or
(b) Violated any lawful order, or rule of the board
an order may be issued by the board requiring the person to
cease and desist from the unlawful practice. The board shall
then take affirmative action as is necessary to carry out the
purposes of this chapter.
(2) If the board makes a written finding of fact that the
public interest will be irreparably harmed by delay in issuing
an order, a temporary cease and desist order may be issued.
Prior to issuing a temporary cease and desist order, the board,
(2004 Ed.)
Hearing and Speech Services
whenever possible, shall give notice by telephone or otherwise of the proposal to issue a temporary cease and desist
order to the person to whom the order would be directed.
Every temporary cease and desist order shall include in its
terms a provision that upon request a hearing will be held to
determine whether the order becomes permanent.
(3) The department, with or without prior administrative
proceedings, may bring an action in the superior court to
enjoin the acts or practices and to enforce compliance with
this chapter, or rule or order under this chapter. Upon proper
showing, injunctive relief or temporary restraining orders
shall be granted and a receiver or conservator may be
appointed. The department shall not be required to post a
bond in any court proceedings. [1993 c 313 § 10; 1987 c 150
§ 25; 1983 c 39 § 17.]
Severability—1987 c 150: See RCW 18.122.901.
18.35.230
18.35.230 Violations—Registered agent—Service.
(1) Each licensee or interim permit holder shall name a registered agent to accept service of process for any violation of
this chapter or rule adopted under this chapter.
(2) The registered agent may be released at the expiration of one year after the license or interim permit issued
under this chapter has expired or been revoked.
(3) Failure to name a registered agent for service of process for violations of this chapter or rules adopted under this
chapter may be grounds for disciplinary action. [2002 c 310
§ 23; 1998 c 142 § 17; 1996 c 200 § 29; 1989 c 198 § 9; 1983
c 39 § 19.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.240
18.35.240 Violations—Surety bond or security in lieu
of surety bonds. (1) Every individual engaged in the fitting
and dispensing of hearing instruments shall be covered by a
surety bond of ten thousand dollars or more, for the benefit of
any person injured or damaged as a result of any violation by
the licensee or permit holder, or their employees or agents, of
any of the provisions of this chapter or rules adopted by the
secretary.
(2) In lieu of the surety bond required by this section, the
licensee or permit holder may deposit cash or other negotiable security in a banking institution as defined in chapter
30.04 RCW or a credit union as defined in chapter 31.12
RCW. All obligations and remedies relating to surety bonds
shall apply to deposits and security filed in lieu of surety
bonds.
(3) If a cash deposit or other negotiable security is filed,
the licensee or permit holder shall maintain such cash or other
negotiable security for one year after discontinuing the fitting
and dispensing of hearing instruments.
(4) Each invoice for the purchase of a hearing instrument
provided to a customer must clearly display on the first page
the bond number covering the licensee or interim permit
holder responsible for fitting/dispensing the hearing instrument.
(5) All licensed hearing instrument fitter/dispensers,
licensed audiologists, and permit holders must verify compliance with the requirement to hold a surety bond or cash or
(2004 Ed.)
18.35.260
other negotiable security by submitting a signed declaration
of compliance upon annual renewal of their license or permit.
Up to twenty-five percent of the credential holders may be
randomly audited for surety bond compliance after the credential is renewed. It is the credential holder's responsibility
to submit a copy of the original surety bond or bonds, or documentation that cash or other negotiable security is held in a
banking institution during the time period being audited.
Failure to comply with the audit documentation request or
failure to supply acceptable documentation within thirty days
may result in disciplinary action. [2002 c 310 § 24; 2000 c 93
§ 2; (2000 c 93 § 1 expired January 1, 2003); 1998 c 142 § 18;
1996 c 200 § 30; 1993 c 313 § 11; 1991 c 3 § 85; 1989 c 198
§ 10; 1983 c 39 § 18.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Expiration date—2000 c 93 §§ 1 and 3: "Sections 1 and 3 of this act
expire January 1, 2003." [2000 c 93 § 45.]
Effective date—2000 c 93 §§ 2 and 4: "Sections 2 and 4 of this act take
effect January 1, 2003." [2000 c 93 § 46.]
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.250
18.35.250 Violations—Remedies—Actions on bond
or security. (1) In addition to any other legal remedies, an
action may be brought in any court of competent jurisdiction
upon the bond, cash deposit, or security in lieu of a surety
bond required by this chapter, by any person having a claim
against a licensee or interim permit holder, agent, or
employee for any violation of this chapter or any rule adopted
under this chapter. The aggregate liability of the surety, cash
deposit, or other negotiable security to all claimants shall in
no event exceed the sum of the bond. Claims shall be satisfied
in the order of judgment rendered.
(2) An action upon the bond, cash deposit, or other negotiable security shall be commenced by serving and filing a
complaint. [2002 c 310 § 25; 2000 c 93 § 4; (2000 c 93 § 3
expired January 1, 2003); 1998 c 142 § 19; 1996 c 200 § 31;
1991 c 3 § 86; 1989 c 198 § 11; 1983 c 39 § 20.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—2000 c 93 §§ 2 and 4: See note following RCW
18.35.240.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.260
18.35.260 Misrepresentation of credentials. (1) A
person who is not a licensed hearing instrument fitter/dispenser may not represent himself or herself as being so
licensed and may not use in connection with his or her name
the words "licensed hearing instrument fitter/dispenser,"
"hearing instrument specialist," or "hearing aid fitter/dispenser," or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies
these terms, names, or functions of a licensed hearing instrument fitter/dispenser.
(2) A person who is not a licensed speech-language
pathologist may not represent himself or herself as being so
licensed and may not use in connection with his or her name
the words including "licensed speech-language pathologist"
or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms,
[Title 18 RCW—page 97]
18.35.270
Title 18 RCW: Businesses and Professions
names, or functions as a licensed speech-language pathologist.
(3) A person who is not a licensed audiologist may not
represent himself or herself as being so licensed and may not
use in connection with his or her name the words "licensed
audiologist" or a variation, synonym, letter, word, sign, number, insignia, coinage, or whatever expresses, employs, or
implies these terms, names, or functions of a licensed audiologist.
(4) Nothing in this chapter prohibits a person credentialed in this state under another act from engaging in the
practice for which he or she is credentialed. [2002 c 310 § 26;
1998 c 142 § 20; 1996 c 200 § 16.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Chapter 18.36A
Chapter 18.36A RCW
NATUROPATHY
Sections
18.36A.010
18.36A.020
18.36A.030
18.36A.040
18.36A.050
18.36A.060
18.36A.070
18.36A.080
18.36A.090
18.36A.100
18.36A.110
18.36A.120
18.36A.130
18.36A.140
18.36A.900
18.36A.901
Intent.
Definitions.
License required.
Scope of practice.
Application of chapter—Exemptions.
Powers of secretary—Application of uniform disciplinary act.
Naturopathic advisory committee.
Civil immunity.
Requirements for licensure.
Standards for approval of educational programs.
Examination for licensure.
License standards for applicants from other jurisdictions—
Reciprocity.
Compliance with secretary's determinations.
Fee for renewal, late renewal.
Effective date—1987 c 447 §§ 1-14.
Severability—1987 c 447.
18.36A.010
18.35.270
18.35.270 Assistant ratios—Data collection. Recognizing the trend in utilization of speech-language pathologist
assistants and audiologist assistants across practice settings,
the board of hearing and speech shall, on an ongoing basis,
collect data on: The number of assistants in specific practice
settings; supervisor to speech-language pathologist assistant
or audiologist assistant ratios; and the level of education and
training of speech-language pathologist assistants and audiologist assistants. [1996 c 200 § 35.]
18.35.900
18.35.900 Severability—1973 1st ex.s. c 106. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provisions to other persons or circumstances is not affected. [1973 1st ex.s. c 106 § 21.]
18.35.901
18.35.901 Severability—1983 c 39. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 39 § 23.]
18.35.902
18.35.902 Severability—1996 c 200. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1996 c 200 § 36.]
Chapter 18.36
Chapter 18.36 RCW
DRUGLESS HEALING
Sections
18.36.035
License required.
18.36.035
18.36.035 License required. No person may practice
or represent himself or herself as a drugless therapist without
first having a valid license to do so. [1987 c 150 § 28.]
Severability—1987 c 150: See RCW 18.122.901.
[Title 18 RCW—page 98]
18.36A.010 Intent. The legislature finds that it is necessary to regulate the practice of naturopaths in order to protect the public health, safety, and welfare. It is the legislature's intent that only individuals who meet and maintain
minimum standards of competence and conduct may provide
service to the public. [1987 c 447 § 1.]
18.36A.020
18.36A.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health or the secretary's designee.
(3) "Naturopath" means an individual licensed under this
chapter.
(4) "Committee" means the Washington state naturopathic practice advisory committee.
(5) "Educational program" means a program preparing
persons for the practice of naturopathy.
(6) "Nutrition and food science" means the prevention
and treatment of disease or other human conditions through
the use of foods, water, herbs, roots, bark, or natural food elements.
(7) "Manual manipulation" or "mechanotherapy" means
manipulation of a part or the whole of the body by hand or by
mechanical means.
(8) "Physical modalities" means use of physical, chemical, electrical, and other noninvasive modalities including,
but not limited to heat, cold, air, light, water in any of its
forms, sound, massage, and therapeutic exercise.
(9) "Homeopathy" means a system of medicine based on
the use of infinitesimal doses of medicines capable of producing symptoms similar to those of the disease treated, as
listed in the homeopathic pharmacopeia of the United States.
(10) "Medicines of mineral, animal, and botanical origin" means medicines derived from animal organs, tissues,
and oils, minerals, and plants administered orally and topically, excluding legend drugs with the following exceptions:
Vitamins, minerals, whole gland thyroid, and substances as
exemplified in traditional botanical and herbal pharmacopoeia, and nondrug contraceptive devices excluding interuterine devices. The use of intermuscular injections are limited
to vitamin B-12 preparations and combinations when clinical
(2004 Ed.)
Naturopathy
and/or laboratory evaluation has indicated vitamin B-12 deficiency. The use of controlled substances is prohibited.
(11) "Hygiene and immunization" means the use of such
preventative techniques as personal hygiene, asepsis, public
health, and immunizations, to the extent allowed by rule.
(12) "Minor office procedures" means care incident
thereto of superficial lacerations and abrasions, and the
removal of foreign bodies located in superficial structures,
not to include the eye; and the use of antiseptics and topical
local anesthetics in connection therewith.
(13) "Common diagnostic procedures" means the use of
venipuncture to withdraw blood, commonly used diagnostic
modalities consistent with naturopathic practice, health history taking, physical examination, radiography, examination
of body orifices excluding endoscopy, and laboratory medicine which obtains samples of human tissue products, including superficial scrapings but excluding procedures which
would require surgical incision.
(14) "Suggestion" means techniques including but not
limited to counseling, biofeedback, and hypnosis.
(15) "Radiography" means the ordering but not the interpretation of radiographic diagnostic studies and the taking
and interpretation of standard radiographs. [1991 c 3 § 87;
1987 c 447 § 4.]
18.36A.030
18.36A.030 License required. (1) No person may practice naturopathy or represent himself or herself as a naturopath without first applying for and receiving a license from
the secretary to practice naturopathy.
(2) A person represents himself or herself as a naturopath
when that person adopts or uses any title or any description of
services that incorporates one or more of the following terms
or designations: Naturopath or doctor of naturopathic medicine. [1991 c 3 § 88; 1987 c 447 § 2.]
18.36A.040
18.36A.040 Scope of practice. Naturopathic medicine
or naturopathy is the practice by naturopaths of the art and
science of the diagnosis, prevention, and treatment of disorders of the body by stimulation or support, or both, of the natural processes of the human body. A naturopath is responsible and accountable to the consumer for the quality of naturopathic care rendered.
The practice of naturopathy includes manual manipulation (mechanotherapy), the prescription, administration, dispensing, and use, except for the treatment of malignancies or
neoplastic disease, of nutrition and food science, physical
modalities, homeopathy, certain medicines of mineral, animal, and botanical origin, hygiene and immunization, common diagnostic procedures, and suggestion; however, nothing in this chapter shall prohibit consultation and treatment of
a patient in concert with a practitioner licensed under chapter
18.57 or 18.71 RCW. No person licensed under this chapter
may employ the term "chiropractic" to describe any services
provided by a naturopath under this chapter. [1991 c 3 § 89;
1988 c 246 § 1; 1987 c 447 § 3.]
18.36A.050
18.36A.050 Application of chapter—Exemptions.
Nothing in this chapter shall be construed to prohibit or
restrict:
(2004 Ed.)
18.36A.060
(1) The practice of a profession by individuals who are
licensed, certified, or registered under other laws of this state
who are performing services within their authorized scope of
practice;
(2) The practice of naturopathic medicine by an individual employed by the government of the United States while
the individual is engaged in the performance of duties prescribed for him or her by the laws and regulations of the
United States;
(3) The practice of naturopathic medicine by students
enrolled in a school approved by the secretary. The performance of services shall be pursuant to a course of instruction
or assignments from an instructor and under the supervision
of the instructor. The instructor shall be a naturopath licensed
pursuant to this chapter; or
(4) The practice of oriental medicine or oriental herbology, or the rendering of other dietary or nutritional advice.
[1991 c 3 § 90; 1987 c 447 § 5.]
18.36A.060 Powers of secretary—Application of uniform disciplinary act. (1) In addition to any other authority
provided by law, the secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW,
necessary to implement this chapter;
(b) Set all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Determine the minimum education and experience
requirements for licensure in conformance with RCW
18.36A.090, including but not limited to approval of educational programs;
(e) Prepare and administer or approve the preparation
and administration of examinations for licensure;
(f) Issue a license to any applicant who has met the education, training, and examination requirements for licensure
and deny a license to applicants who do not meet the minimum qualifications for licensure; except that denial of
licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter
18.130 RCW;
(g) Hire clerical, administrative, and investigative staff
as needed to implement and administer this chapter and to
hire individuals, including those licensed under this chapter,
to serve as examiners or consultants as necessary to implement and administer this chapter;
(h) Maintain the official department record of all applicants and licensees;
(i) Determine whether alternative methods of training
are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's equivalent alternative training to determine the applicant's eligibility to take the examination;
(j) Establish by rule the procedures for an appeal of
examination failure;
(k) Conduct a hearing on an appeal of a denial of a
license based on the applicant's failure to meet the minimum
qualifications for licensure. The hearing shall be conducted
pursuant to chapter 34.05 RCW; and
(l) Adopt rules implementing a continuing competency
program.
18.36A.060
[Title 18 RCW—page 99]
18.36A.070
Title 18 RCW: Businesses and Professions
(2) The uniform disciplinary act, chapter 18.130 RCW,
governs unlicensed practice, the issuance and denial of
licenses and the discipline of licensees under this chapter.
The secretary shall be the disciplining authority under this
chapter. [1991 c 3 § 91; 1987 c 447 § 6.]
18.36A.070
18.36A.070 Naturopathic advisory committee. (1)
There is hereby created the Washington state naturopathic
advisory committee consisting of five members appointed by
the secretary who shall advise the secretary concerning the
administration of this chapter. Three members of the initial
committee shall be persons who would qualify for licensing
under this chapter. Their successors shall be naturopaths who
are licensed under this chapter. Two members of the committee shall be individuals who are unaffiliated with the profession. For the initial committee, one unaffiliated member and
one naturopath shall serve four-year terms, one unaffiliated
member and one naturopath shall serve three-year terms, and
one naturopath shall serve a two-year term. The term of
office for committee members after the initial committee is
four years. Any committee member may be removed for just
cause including a finding of fact of unprofessional conduct,
impaired practice, or more than three unexcused absences.
The secretary may appoint a new member to fill any vacancy
on the committee for the remainder of the unexpired term.
No committee member may serve more than two consecutive terms, whether full or partial.
(2) Committee members shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
(3) The committee may elect annually a chair and vicechair to direct the meetings of the committee. The committee
shall meet at least once each year, and may hold additional
meetings as called by the secretary or the chair. [1991 c 3 §
92; 1987 c 447 § 7.]
18.36A.080
18.36A.080 Civil immunity. The secretary, members
of the committee, or individuals acting on their behalf, are
immune from suit in any civil action based on any act performed in the course of their duties. [1991 c 3 § 93; 1987 c
447 § 8.]
(5) Not having engaged in unprofessional conduct or
being unable to practice with reasonable skill and safety as a
result of a physical or mental impairment.
The secretary shall establish what constitutes adequate
proof of meeting the above requirements. Any person holding
a valid license to practice drugless therapeutics under chapter
18.36 RCW upon January 1, 1988, shall be deemed licensed
pursuant to this chapter. [1991 c 3 § 94; 1987 c 447 § 9.]
18.36A.100
18.36A.100 Standards for approval of educational
programs. The secretary shall establish by rule the standards
for approval of educational programs and alternate training
and may contract with individuals or organizations having
expertise in the profession and/or in education to report to the
secretary the information necessary for the secretary to evaluate the educational programs. The standards for approval
shall be based on the minimal competencies necessary for
safe practice. The standards and procedures for approval shall
apply equally to educational programs and equivalent alternate training within the United States and those in foreign
jurisdictions. The secretary may establish a fee for educational program evaluation. The fee shall be determined by the
administrative costs for the educational program evaluation,
including, but not limited to, costs for site evaluation. [1991
c 3 § 95; 1987 c 447 § 10.]
18.36A.110
18.36A.110 Examination for licensure. (1) The date
and location of the examination shall be established by the
secretary. Applicants who have been found to meet the education and experience requirements for licensure shall be
scheduled for the next examination following the filing of the
application. The secretary shall establish by rule the examination application deadline.
(2) The examination shall contain subjects appropriate to
the standards of competency and scope of practice.
(3) The secretary shall establish by rule the requirements
for a reexamination if the applicant has failed the examination.
(4) The committee may recommend to the secretary an
examination prepared or administered, or both, by a private
testing agency or association of licensing boards. [1991 c 3 §
96; 1987 c 447 § 11.]
18.36A.090
18.36A.090 Requirements for licensure. The department shall issue a license to any applicant who meets the following requirements:
(1) Successful completion of an educational program
approved by the secretary, the minimum standard of which
shall be the successful completion of a doctorate degree program in naturopathy which includes a minimum of two hundred post-graduate hours in the study of mechanotherapy
from an approved educational program, or successful completion of equivalent alternate training that meets the criteria
established by the secretary. The requirement for two hundred post-graduate hours in the study of mechanotherapy
shall expire June 30, 1989;
(2) Successful completion of any equivalent experience
requirement established by the secretary;
(3) Successful completion of an examination administered or approved by the secretary;
(4) Good moral character; and
[Title 18 RCW—page 100]
18.36A.120
18.36A.120 License standards for applicants from
other jurisdictions—Reciprocity. The secretary shall
establish by rule the standards for licensure of applicants
licensed in another jurisdiction. However, the standards for
reciprocity of licensure shall not be less than required for
licensure in the state of Washington. [1991 c 3 § 97; 1987 c
447 § 12.]
18.36A.130
18.36A.130 Compliance with secretary's determinations. Applicants shall comply with administrative procedures, administrative requirements, and fees determined by
the secretary as provided in RCW 43.70.250 and 43.70.280.
[1996 c 191 § 22; 1991 c 3 § 98; 1987 c 447 § 13.]
18.36A.140
18.36A.140 Fee for renewal, late renewal. The secretary shall establish the administrative procedures, administrative requirements, and fees for renewal and late renewal of
(2004 Ed.)
Embalmers—Funeral Directors
licenses as provided in RCW 43.70.250 and 43.70.280.
[1996 c 191 § 23; 1991 c 3 § 99; 1987 c 447 § 14.]
18.36A.900
18.36A.900 Effective date—1987 c 447 §§ 1-14. Sections 1 through 14 of this act shall take effect January 1, 1988.
[1987 c 447 § 20.]
18.36A.901
18.36A.901 Severability—1987 c 447. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 447 § 25.]
18.39.467
18.39.530
18.39.560
18.39.800
18.39.900
18.39.901
18.39.010
License suspension—Noncompliance with support order—
Reissuance.
Practice without license—Penalties.
Uniform regulation of business and professions act.
Funeral directors and embalmers account.
Severability—1937 c 108.
Severability—1982 c 66.
Burial and removal permits: RCW 70.58.230.
Cemeteries, morgues and human remains: Title 68 RCW.
Disposal of remains prohibited unless accompanied by proper permit: RCW
70.58.260.
Prearrangement contracts for cemeteries: Chapter 68.46 RCW.
Undertaker must file death certificate: RCW 70.58.240.
18.39.010
Chapter 18.39 RCW
EMBALMERS—FUNERAL DIRECTORS
Chapter 18.39
Sections
18.39.010
18.39.020
18.39.035
18.39.045
18.39.050
18.39.070
18.39.100
18.39.120
18.39.130
18.39.145
18.39.148
18.39.150
18.39.170
18.39.173
18.39.175
18.39.181
18.39.195
18.39.215
18.39.217
18.39.220
18.39.231
18.39.240
18.39.250
18.39.255
18.39.260
18.39.270
18.39.280
18.39.290
18.39.300
18.39.320
18.39.330
18.39.345
18.39.350
18.39.360
18.39.370
18.39.410
18.39.420
18.39.450
18.39.465
(2004 Ed.)
Definitions.
License required.
Applicant for license as funeral director or embalmer—Eligibility.
College course requirements.
Application—Renewal—Fees.
Examinations—Applications—Notice—Passing grades—
Retake of examination.
License—Form—Restrictions.
Apprentices—Registration—Renewal—Notice of termination—Fees.
Licenses—Applicants from other states—Examination.
Funeral establishment license—Issuance—Requirements—
Transferability—Expiration.
Funeral establishment license—Cancellation—Hearing.
License lapse—Reinstatement—Fee—Reexamination.
Inspector of funeral directors and embalmers—Appointment—Eligibility—Term—Powers and duties.
Board of funeral directors and embalmers—Established—
Membership—Appointment—Qualifications—Terms—
Vacancies—Officers—Quorum.
Board—Duties and responsibilities—Compensation—Travel
expenses—Rules.
Powers and duties of director.
Pricing information to be given—Billing "cash advanced"
items.
Embalmers—Authorization required—Exception—Information required—Immediate care of body—Waiver—Penalty.
Permit or endorsement required for cremation—Penalty—
Regulation of crematories.
Unlawful business practices—Penalty.
Prohibited advice and transactions—Exceptions—Rules—
Penalty.
Prearrangement funeral service contracts—License required.
Prearrangement contracts—Trusts—Refunds.
Prearrangement contracts—Insurance funded—Requirements.
Prearrangement contracts—Certificates of registration
required—Exception.
Prearrangement contracts—Registration qualifications.
Prearrangement contracts—Application for registration.
Prearrangement contracts—Registration—Renewal—Fees—
Disposition.
Grounds for disciplinary action.
Prearrangement contracts—Annual financial statement—Failure to file.
Prearrangement contract forms—Approval required—
Grounds for disapproval.
Prearrangement trust—Examination by board.
Violations—Penalty—Consumer protection—Retail installment contracts.
Fraternal or benevolent organizations and labor unions
excepted.
Prearrangement service contracts—Abandoned trusts.
Unprofessional conduct.
Complaint to board—Submittal—Determination—Investigation—Immunity of complainant.
Findings of fact—Order—Notice—Report.
License suspension—Nonpayment or default on educational
loan or scholarship.
18.39.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Funeral director" means a person engaged in the
profession or business of conducting funerals and supervising
or directing the burial and disposal of dead human bodies.
(2) "Embalmer" means a person engaged in the profession or business of disinfecting, preserving or preparing for
disposal or transportation of dead human bodies.
(3) "Two-year college course" means the completion of
sixty semester hours or ninety quarter hours of college credit,
including the satisfactory completion of certain college
courses, as set forth in this chapter.
(4) "Funeral establishment" means a place of business
licensed in accordance with RCW 18.39.145, conducted at a
specific street address or location, and devoted to the care and
preparation for burial or disposal of dead human bodies and
includes all areas of such business premises and all tools,
instruments, and supplies used in preparation and embalming
of dead human bodies for burial or disposal.
(5) "Director" means the director of licensing.
(6) "Board" means the state board of funeral directors
and embalmers created pursuant to RCW 18.39.173.
(7) "Prearrangement funeral service contract" means any
contract under which, for a specified consideration, a funeral
establishment promises, upon the death of the person named
or implied in the contract, to furnish funeral merchandise or
services.
(8) "Funeral merchandise or services" means those services normally performed and merchandise normally provided by funeral establishments, including the sale of burial
supplies and equipment, but excluding the sale by a cemetery
of lands or interests therein, services incidental thereto, markers, memorials, monuments, equipment, crypts, niches, or
vaults.
(9) "Qualified public depositary" means a public depositary defined by RCW 39.58.010, a credit union as governed
by chapter 31.12 RCW, a mutual savings bank as governed
by Title 32 RCW, a savings and loan association as governed
by Title 33 RCW, or a federal credit union or a federal savings and loan association organized, operated, and governed
by any act of congress, in which prearrangement funeral service contract funds are deposited by any funeral establishment.
Words used in this chapter importing the singular may be
applied to the plural of the person or thing, words importing
the plural may be applied to the singular, and words importing the masculine gender may be applied to the female.
[Title 18 RCW—page 101]
18.39.020
Title 18 RCW: Businesses and Professions
[2000 c 171 § 10; 1989 c 390 § 1; 1982 c 66 § 1; 1981 c 43 §
1; 1979 c 158 § 39; 1977 ex.s. c 93 § 1; 1965 ex.s. c 107 § 1;
1937 c 108 § 1; RRS § 8313.]
embalmer on or before January 1, 1982. [1996 c 217 § 2;
1982 c 66 § 20; 1981 c 43 § 4.]
Effective dates—1982 c 66: See note following RCW 18.39.240.
Effective dates—1982 c 66: See note following RCW 18.39.240.
Number and gender: RCW 1.12.050.
18.39.020
18.39.020 License required. It is a violation of RCW
18.130.190 for any person to act or hold himself out as a
funeral director or embalmer or discharge any of the duties of
a funeral director or embalmer as defined in this chapter
unless the person has a valid license under this chapter. It is
unlawful for any person to open up, maintain or operate a
funeral establishment without a valid establishment license
and without having at all times at least one funeral director to
supervise and direct the business conducted therefrom. [1987
c 150 § 30; 1981 c 43 § 2; 1937 c 108 § 2; RRS § 8314-1.
Prior: 1909 c 215 § 1. Formerly RCW 18.39.020 and
18.39.110.]
Severability—1987 c 150: See RCW 18.122.901.
18.39.035
18.39.035 Applicant for license as funeral director or
embalmer—Eligibility. (1) An applicant for a license as a
funeral director shall be at least eighteen years of age, of good
moral character, and must have obtained an associate of arts
degree in mortuary science or completed a course of not less
than two years in an accredited college, and a one-year course
of training under a licensed funeral director in this state. The
applicant must also pass an examination in the funeral arts
and an examination in the laws of this state pertaining to the
handling, care, transportation, and disposition of human
remains and the contents of this chapter.
(2) An applicant for a license as an embalmer must be at
least eighteen years of age, of good moral character, and have
obtained an associate of arts degree in mortuary science or
completed a course of instruction in an accredited mortuary
science college program and other college courses that total
sixty semester hours or ninety quarter hours, completed a
two-year course of training under a licensed embalmer in this
state, and have passed an examination in the funeral sciences
and an examination in the laws of this state pertaining to the
handling, care, transportation, and disposition of human
remains, and the contents of this chapter. [1996 c 217 § 1;
1981 c 43 § 3.]
18.39.045
18.39.045 College course requirements. (1) The twoyear college course required for funeral directors under this
chapter shall consist of sixty semester or ninety quarter hours
of instruction at a school, college, or university accredited by
the Northwest Association of Schools and Colleges or other
accrediting association approved by the board, with a minimum 2.0 grade point, or a grade of C or better, in each subject
required by subsection (2) of this section.
(2) Credits shall include one course in psychology, one
in mathematics, two courses in English composition and rhetoric, two courses in social science, and three courses selected
from the following subjects: Behavioral sciences, public
speaking, counseling, business administration and management, and first aid.
(3) This section does not apply to any person registered
and in good standing as an apprentice funeral director or
[Title 18 RCW—page 102]
18.39.050
18.39.050 Application—Renewal—Fees. Every application for an initial license or a license renewal under this
chapter shall be made in writing on a form prescribed by the
director with such information as the director requires. The
director shall set license fees in accordance with RCW
43.24.086. [1985 c 7 § 37; 1982 c 66 § 21; 1981 c 43 § 5;
1975 1st ex.s. c 30 § 42; 1971 ex.s. c 266 § 8; 1937 c 108 § 6;
RRS § 8318-1. Formerly RCW 18.39.050, 18.39.060, and
18.39.140.]
Effective dates—1982 c 66: See note following RCW 18.39.240.
18.39.070
18.39.070 Examinations—Applications—Notice—
Passing grades—Retake of examination. (1) License
examinations shall be held by the director at least once each
year at a time and place to be designated by the director.
Application to take an examination shall be filed with the
director at least forty-five days prior to the examination date
and the department shall give each applicant notice of the
time and place of the next examination by written notice
mailed to the applicant's address as given upon his or her
application not later than fifteen days before the examination,
but no person may take an examination unless his or her
application has been on file for at least fifteen days before the
examination. The applicant shall be deemed to have passed
an examination if the applicant attains a grade of not less than
seventy-five percent in each examination. Any applicant who
fails an examination shall be entitled, at no additional fee, to
one retake of that examination.
(2) An applicant for a license hereunder may take his or
her written examination after completing the educational
requirements and before completing the course of training
required under RCW 18.39.035. [1996 c 217 § 3; 1981 c 43
§ 6; 1965 ex.s. c 107 § 4; 1937 c 108 § 5; RRS § 8317. Prior:
1909 c 215 §§ 8, 11.]
18.39.100
18.39.100 License—Form—Restrictions. Every
license issued hereunder shall specify the name of the person
to whom it is issued and shall be displayed conspicuously in
his or her place of business. No license shall be assigned, and
not more than one person shall carry on the profession or
business of funeral directing or embalming under one license.
[1996 c 217 § 4; 1937 c 108 § 7; RRS § 8319. Prior: 1909 c
215 § 13.]
18.39.120
18.39.120 Apprentices—Registration—Renewal—
Notice of termination—Fees. Every person engaged in the
business of funeral directing or embalming, who employs an
apprentice to assist in the conduct of the business, shall register the name of each apprentice with the director at the beginning of the apprenticeship, and shall also forward notice of
the termination of the apprenticeship. The registration shall
be renewed annually and shall expire on the anniversary of
the apprentice's birthdate. Fees determined under RCW
43.24.086 shall be paid for the initial registration of the
apprentice, and for each annual renewal. [1985 c 7 § 38;
(2004 Ed.)
Embalmers—Funeral Directors
1981 c 43 § 7; 1975 1st ex.s. c 30 § 43; 1937 c 108 § 10; RRS
§ 8322.]
18.39.130
18.39.130 Licenses—Applicants from other states—
Examination. The board may recognize licenses issued to
funeral directors or embalmers from other states if the applicant's qualifications are comparable to the requirements of
this chapter. Five years active experience as a licensee may
be accepted to make up a deficit in the comparable education
requirements. Upon presentation of the license and payment
by the holder of a fee determined under RCW 43.24.086, and
successful completion of the examination of the laws of this
state pertaining to the handling, care, transportation, and disposition of human remains and the contents of this chapter,
the board may issue a funeral director's or embalmer's license
under this chapter. [1996 c 217 § 5. Prior: 1986 c 259 § 60;
1985 c 7 § 39; 1982 c 66 § 22; 1981 c 43 § 8; 1975 1st ex.s. c
30 § 44; 1937 c 108 § 15; RRS § 8325; prior: 1909 c 215 §
16.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—1982 c 66: See note following RCW 18.39.240.
18.39.145
18.39.145 Funeral establishment license—Issuance—Requirements—Transferability—Expiration. The
board shall issue a funeral establishment license to any person, partnership, association, corporation, or other organization to operate a funeral establishment, at specific locations
only, which has met the following requirements:
(1) The applicant has designated the name under which
the funeral establishment will operate and has designated
locations for which the general establishment license is to be
issued;
(2) The applicant is licensed in this state as a funeral
director and as an embalmer, or employs at least one person
with both such qualifications or one licensed funeral director
and one embalmer who will be in service at each designated
location;
(3) The applicant has filed an application with the director as required by this chapter and paid the required filing fee
therefor as fixed by the director pursuant to RCW 43.24.086;
(4) As a condition of applying for a new funeral establishment license, the person or entity desiring to acquire such
ownership or control shall be bound by all then existing prearrangement funeral service contracts.
The board may deny an application for a funeral establishment license, or issue a conditional license, if disciplinary
action has previously been taken against the applicant or the
applicant's designated funeral director or embalmer. No
funeral establishment license shall be transferable, but an
applicant may make application for more than one funeral
establishment license so long as all of the requirements are
met for each license. All funeral establishment licenses shall
expire on June 30, or as otherwise determined by the director.
[1986 c 259 § 61; 1985 c 7 § 40; 1977 ex.s. c 93 § 3.]
Reviser's note: This section was amended by 1986 c 259 § 61 without
reference to its amendment by 1985 c 7 § 40. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2).
Severability—1986 c 259: See note following RCW 18.130.010.
(2004 Ed.)
18.39.173
18.39.148
18.39.148 Funeral establishment license—Cancellation—Hearing. If a licensed funeral establishment does not
have a licensed funeral director and embalmer in its employ
at its place of business, its license shall be canceled immediately by the board. Upon notification of cancellation of a
funeral establishment license, the funeral establishment shall
be notified of the opportunity for a hearing, which shall be
conducted pursuant to chapter 34.05 RCW. [1986 c 259 § 62;
1981 c 43 § 9; 1977 ex.s. c 93 § 4.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.39.150
18.39.150 License lapse—Reinstatement—Fee—
Reexamination. Any licensed funeral director or embalmer
whose license has lapsed shall reapply for a license and pay a
fee as determined under RCW 43.24.086 before the license
may be issued. Applications under this section shall be made
within one year after the expiration of the previous license. If
the application is not made within one year, the applicant
shall be required to take an examination or submit other satisfactory proof of continued competency approved by the
board and pay the license fee, as required by this chapter in
the case of initial applications, together with all unpaid
license fees and penalties. [1986 c 259 § 63; 1985 c 7 § 41;
1981 c 43 § 10; 1975 1st ex.s. c 30 § 45; 1937 c 108 § 8; RRS
§ 8320.]
Reviser's note: This section was amended by 1986 c 259 § 63 without
reference to its amendment by 1985 c 7 § 41. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2).
Severability—1986 c 259: See note following RCW 18.130.010.
18.39.170
18.39.170 Inspector of funeral directors and
embalmers—Appointment—Eligibility—Term—Powers
and duties. There shall be appointed by said director of
licensing an agent whose title shall be "inspector of funeral
directors and embalmers of the state of Washington." No
person shall be eligible for such appointment unless, at the
time of his appointment, he shall have been a duly licensed
embalmer in the state of Washington, with a minimum experience of not less than five consecutive years both as an
embalmer and as a funeral director in the state of Washington. Said inspector shall hold office during the pleasure of
said director of licensing, and the duties of said inspector
shall be, and he is hereby authorized, to enter the office, premises, establishment or place of business, where funeral
directing or embalming is carried on for the purpose of
inspecting said office, premises, establishment or place of
business, and the licenses and registrations of embalmers,
funeral directors and apprentices operating therein. Such
inspector shall serve and execute any papers or process issued
by the director of licensing under authority of this chapter,
and perform any other duty or duties prescribed or ordered by
the director of licensing. Said inspector shall at all times be
under the supervision of said director of licensing and he may
also assist the state health commissioner in enforcing the provisions of the law relating to health and such rules and regulations as shall have been made and promulgated by the state
board of health. [1937 c 108 § 16; RRS § 8325-1.]
18.39.173
18.39.173 Board of funeral directors and embalmers—Established—Membership—Appointment—Qualifications—Terms—Vacancies—Officers—Quorum.
[Title 18 RCW—page 103]
18.39.175
Title 18 RCW: Businesses and Professions
There is hereby established a state board of funeral directors
and embalmers to be composed of five members appointed
by the governor in accordance with this section, one of whom
shall be a public member. The three members of the state
examining committee for funeral directors and embalmers,
which was created pursuant to RCW 43.24.060, as of September 21, 1977 are hereby appointed as members of the
board to serve for initial terms. The governor shall appoint
two additional members of the board. Each professional
member of the board shall be licensed in this state as a funeral
director and embalmer and a resident of the state of Washington for a period of at least five years next preceding appointment, during which time such member shall have been continuously engaged in the practice as a funeral director or
embalmer as defined in this chapter. No person shall be eligible for appointment to the board of funeral directors and
embalmers who is financially interested, directly or indirectly, in any embalming college, wholesale funeral supply
business, or casket manufacturing business.
All members of the board of funeral directors and
embalmers shall be appointed to serve for a term of five
years, to expire on July 1 of the year of termination of their
term, and until their successors have been appointed and
qualified: PROVIDED, That the governor is granted the
power to fix the terms of office of the members of the board
first appointed so that the term of office of not more than one
member of the board shall terminate in any one year. In case
of a vacancy occurring on the board, the governor shall
appoint a qualified member for the remainder of the unexpired term of the vacant office. Any member of the board of
funeral directors and embalmers who fails to properly discharge the duties of a member may be removed by the governor.
The board shall meet once annually to elect a chairman,
vice chairman, and secretary and take official board action on
pending matters by majority vote of all the members of the
board of funeral directors and embalmers and at other times
when called by the director, the chairman, or a majority of the
members. A majority of the members of said board shall at all
times constitute a quorum. [1977 ex.s. c 93 § 8.]
requirements shall be adopted in consultation with the cemetery board;
(5) To examine or audit or to direct the examination and
audit of prearrangement funeral service trust fund records for
compliance with this chapter and rules adopted by the board;
and
(6) To adopt rules establishing mandatory continuing
education requirements to be met by persons applying for
license renewal. [1996 c 217 § 6; 1994 c 17 § 1. Prior: 1986
c 259 § 64; 1985 c 402 § 6; 1984 c 287 § 34; 1984 c 279 § 53;
1981 c 43 § 11; 1977 ex.s. c 93 § 9.]
Savings—1986 c 259 §§ 64, 73: "The repeal of RCW 18.39.179 and the
amendment of RCW 18.39.175 by this act shall not be construed as affecting
any rights and duties which matured, penalties which were incurred, and proceedings which were begun before June 11, 1986." [1986 c 259 § 74.]
Severability—1986 c 259: See note following RCW 18.130.010.
Legislative finding—1985 c 402: See note following RCW 68.50.165.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1984 c 279: See RCW 18.130.901.
18.39.181
18.39.181 Powers and duties of director. The director
shall have the following powers and duties:
(1) To issue all licenses provided for under this chapter;
(2) To renew licenses under this chapter;
(3) To collect all fees prescribed and required under this
chapter;
(4) To immediately suspend the license of a person who
has been certified pursuant to RCW 74.20A.320 by the
department of social and health services as a person who is
not in compliance with a support order or a *residential or
visitation order; and
(5) To keep general books of record of all official acts,
proceedings, and transactions of the department of licensing
while acting under this chapter. [1997 c 58 § 819; 1996 c 217
§ 7; 1986 c 259 § 65; 1981 c 43 § 13; 1977 ex.s. c 93 § 5.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
18.39.175
18.39.175 Board—Duties and responsibilities—
Compensation—Travel expenses—Rules. Each member
of the board of funeral directors and embalmers shall be compensated in accordance with RCW 43.03.240 and shall be
reimbursed for travel expenses in connection with board
duties in accordance with RCW 43.03.050 and 43.03.060.
The state board of funeral directors and embalmers shall
have the following duties and responsibilities:
(1) To be responsible for the preparation, conducting,
and grading of examinations of applicants for funeral director
and embalmer licenses;
(2) To certify to the director the results of examinations
of applicants and certify the applicant as having "passed" or
"failed";
(3) To make findings and recommendations to the director on any and all matters relating to the enforcement of this
chapter;
(4) To adopt, promulgate, and enforce reasonable rules.
Rules regulating the cremation of human remains and permit
[Title 18 RCW—page 104]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—1986 c 259: See note following RCW 18.130.010.
18.39.195
18.39.195 Pricing information to be given—Billing
"cash advanced" items. (1) Every licensed funeral director,
his agent, or his employee shall give, or cause to be given, to
the person making funeral arrangements or arranging for
shipment, transportation, or other disposition of a deceased
person:
(a) If requested by telephone, accurate information
regarding the retail prices of funeral merchandise and services offered for sale by that funeral director; and
(b) At the time such arrangements are completed or prior
to the time of rendering the service, a written, itemized statement showing to the extent then known the price of merchan(2004 Ed.)
Embalmers—Funeral Directors
dise and service that such person making such arrangements
has selected, the price of supplemental items of service and
merchandise, if any, and the estimated amount of each item
for which the funeral service firm will advance money as an
accommodation to the person making such funeral arrangements.
(2) No such funeral director, his agent, or his employee,
shall bill or cause to be billed any item that is referred to as a
"cash advanced" item unless the net amount paid for such
item by the funeral director is the same amount as is billed to
such funeral director. [1979 ex.s. c 62 § 1.]
18.39.215
18.39.215 Embalmers—Authorization required—
Exception—Information required—Immediate care of
body—Waiver—Penalty. (1)(a) No licensed embalmer
shall embalm a deceased body without first having obtained
authorization from a family member or representative of the
deceased.
(b) Notwithstanding the above prohibition a licensee
may embalm without such authority when after due diligence
no authorized person can be contacted and embalming is in
accordance with legal or accepted standards of care in the
community, or the licensee has good reason to believe that
the family wishes embalming. If embalming is performed
under these circumstances, the licensee shall not be deemed
to be in violation of the provisions of this subsection.
(c) The funeral director or embalmer shall inform the
family member or representative of the deceased that
embalming is not required by state law, except that embalming is required under certain conditions as determined by rule
by the state board of health.
(2)(a) Any person authorized to dispose of human
remains shall refrigerate or embalm the body within twentyfour hours upon receipt of the body, unless disposition of the
body has been made. However, subsection (1) of this section
and RCW 68.50.108 shall be complied with before a body is
embalmed. Upon written authorization of the proper state or
local authority, the provisions of this subsection may be
waived for a specified period of time.
(b) Violation of this subsection is a gross misdemeanor.
[2003 c 53 § 127; 1987 c 331 § 76; 1985 c 402 § 5; 1981 c 43
§ 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1987 c 331: See RCW 68.05.900.
Legislative finding—1985 c 402: See note following RCW 68.50.165.
18.39.217
18.39.217 Permit or endorsement required for cremation—Penalty—Regulation of crematories. (1) A permit or endorsement issued by the board or under chapter
68.05 RCW is required in order to operate a crematory or
conduct a cremation.
(2) Conducting a cremation without a permit or endorsement is a misdemeanor. Each such cremation is a separate
violation.
(3) Crematories owned or operated by or located on
property licensed as a funeral establishment shall be regulated by the board of funeral directors and embalmers. Crematories not affiliated with a funeral establishment shall be
(2004 Ed.)
18.39.240
regulated by the cemetery board. [2003 c 53 § 128; 1985 c
402 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Legislative finding—1985 c 402: See note following RCW 68.50.165.
18.39.220
18.39.220 Unlawful business practices—Penalty. (1)
Every funeral director or embalmer who pays, or causes to be
paid, directly or indirectly, money, or other valuable consideration, for the securing of business, and every person who
accepts money, or other valuable consideration, directly or
indirectly, from a funeral director or from an embalmer, in
order that the latter may obtain business is guilty of a gross
misdemeanor.
(2) Every person who sells, or offers for sale, any share,
certificate, or interest in the business of any funeral director
or embalmer, or in any corporation, firm, or association owning or operating a funeral establishment, which promises or
purports to give to the purchaser a right to the services of the
funeral director, embalmer, or corporation, firm, or association at a charge or cost less than that offered or given to the
public, is guilty of a gross misdemeanor. [2003 c 53 § 129;
1981 c 43 § 16; 1937 c 108 § 13; RRS § 8323-2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Violations—Penalty—Unfair practice under chapter 19.86 RCW: RCW
18.39.350.
18.39.231
18.39.231 Prohibited advice and transactions—
Exceptions—Rules—Penalty. (1) A funeral director or any
person under the supervision of a funeral director shall not, in
conjunction with any professional services performed for
compensation under this chapter, provide financial or investment advice to any person other than a family member, represent any person in a real estate transaction, or act as an
agent under a power of attorney for any person. However,
this section shall not be deemed to prohibit a funeral establishment from entering into prearrangement funeral service
contracts in accordance with this chapter or to prohibit a
funeral director from providing advice about government or
insurance benefits.
(2) A violation of this section is a gross misdemeanor
and is grounds for disciplinary action.
(3) The board shall adopt such rules as the board deems
reasonably necessary to prevent unethical financial dealings
between funeral directors and their clients. [2003 c 53 § 130;
1986 c 259 § 66; 1982 c 66 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—1982 c 66: See note following RCW 18.39.240.
18.39.240
18.39.240 Prearrangement funeral service contracts—License required. Only a funeral establishment
licensed pursuant to this chapter may enter into prearrangement funeral service contracts. [1989 c 390 § 2; 1982 c 66 §
2.]
Effective dates—1982 c 66: "This act shall take effect on September 1,
1982, with the exception of sections 20, 21, and 22 of this act, which are necessary for the immediate preservation of the public peace, health, and safety,
[Title 18 RCW—page 105]
18.39.250
Title 18 RCW: Businesses and Professions
the support of the state government and its existing public institutions, and
shall take effect immediately [March 26, 1982]." [1982 c 66 § 24.]
Transfer of records, files, and pending business—1982 c 66: "(1) All
records, files, reports, papers, or other written material in the possession of
the insurance commissioner pertaining to the regulation of prepaid funeral
expenses shall be delivered to the director of licensing on the effective date
of this act.
(2) All business or matters concerning prepaid funeral expenses pending before the insurance commissioner shall be transferred to the director of
licensing and assumed by the director on the effective date of this act."
[1982 c 66 § 17.]
Savings—1982 c 66: "The transfer of duties under sections 2 through
14 of this act shall not affect the validity of any rule, action, decision promulgated or held prior to the effective date of this act." [1982 c 66 § 18.]
18.39.250
18.39.250 Prearrangement contracts—Trusts—
Refunds. (1) Any funeral establishment selling funeral merchandise or services by prearrangement funeral service contract and accepting moneys therefore shall establish and
maintain one or more prearrangement funeral service trusts
under Washington state law with two or more designated
trustees, for the benefit of the beneficiary of the prearrangement funeral service contract or may join with one or more
other Washington state licensed funeral establishments in a
"master trust" provided that each member of the "master
trust" shall comply individually with the requirements of this
chapter.
(2) Up to ten percent of the cash purchase price of each
prearrangement funeral service contract, excluding sales tax,
may be retained by the funeral establishment unless otherwise provided in this chapter. If the prearrangement funeral
service contract is canceled within thirty calendar days of its
signing, then the purchaser shall receive a full refund of all
moneys paid under the contract.
(3) At least ninety percent of the cash purchase price of
each prearrangement funeral service contract, paid in
advance, excluding sales tax, shall be placed in the trust
established or utilized by the funeral establishment. Deposits
to the prearrangement funeral service trust shall be made not
later than the twentieth day of the month following receipt of
each payment made on the last ninety percent of each prearrangement funeral service contract, excluding sales tax.
(4) All prearrangement funeral service trust moneys
shall be deposited in an insured account in a qualified public
depositary or shall be invested in instruments issued or
insured by any agency of the federal government if these
securities are held in a public depositary. The account shall
be designated as the prearrangement funeral service trust of
the funeral establishment for the benefit of the beneficiaries
named in the prearrangement funeral service contracts. The
prearrangement funeral service trust shall not be considered
as, nor shall it be used as, an asset of the funeral establishment.
(5) After deduction of reasonable fees for the administration of the trust, taxes paid or withheld, or other expenses of
the trust, all interest, dividends, increases, or accretions of
whatever nature earned by a trust shall be kept unimpaired
and shall become a part of the trust. Adequate records shall be
maintained to allocate the share of principal and interest to
each contract. Fees deducted for the administration of the
trust shall not exceed one percent per year of the amount in
trust. In no instance shall the administrative charges deducted
from the prearrangement funeral service trust reduce, dimin[Title 18 RCW—page 106]
ish, or in any other way lessen the value of the trust so that the
services or merchandise provided for under the contract are
reduced, diminished, or in any other way lessened.
(6) Except as otherwise provided in this chapter, the
trustees of a prearrangement funeral service trust shall permit
withdrawal of all funds deposited under a prearrangement
funeral service contract, plus accruals thereon, under the following circumstances and conditions:
(a) If the funeral establishment files a verified statement
with the trustees that the prearrangement funeral merchandise
and services covered by the contract have been furnished and
delivered in accordance therewith; or
(b) If the funeral establishment files a verified statement
with the trustees that the prearrangement funeral merchandise
and services covered by the contract have been canceled in
accordance with its terms.
(7) Subsequent to the thirty calendar day cancellation
period provided for in this chapter, any purchaser or beneficiary who has a revocable prearrangement funeral service
contract has the right to demand a refund of the amount in
trust.
(8) Prearrangement funeral service contracts which have
or should have an account in a prearrangement funeral service trust may be terminated by the board if the funeral establishment goes out of business, becomes insolvent or bankrupt, makes an assignment for the benefit of creditors, has its
prearrangement funeral service certificate of registration
revoked, or for any other reason is unable to fulfill the obligations under the contract. In such event, or upon demand by
the purchaser or beneficiary of the prearrangement funeral
service contract, the funeral establishment shall refund to the
purchaser or beneficiary all moneys deposited in the trust and
allocated to the contract unless otherwise ordered by a court
of competent jurisdiction. The purchaser or beneficiary may,
in lieu of a refund, elect to transfer the prearrangement
funeral service contract and all amounts in trust to another
funeral establishment licensed under this chapter which will
agree, by endorsement to the contract, to be bound by the
contract and to provide the funeral merchandise or services.
Election of this option shall not relieve the defaulting funeral
establishment of its obligation to the purchaser or beneficiary
for any amounts required to be, but not placed, in trust.
(9) Prior to the sale or transfer of ownership or control of
any funeral establishment which has contracted for prearrangement funeral service contracts, any person, corporation,
or other legal entity desiring to acquire such ownership or
control shall apply to the director in accordance with RCW
18.39.145. Persons and business entities selling or relinquishing, and persons and business entities purchasing or acquiring
ownership or control of such funeral establishments shall
each verify and attest to a report showing the status of the prearrangement funeral service trust or trusts on the date of the
sale. This report shall be on a form prescribed by the board
and shall be considered part of the application for a funeral
establishment license. In the event of failure to comply with
this subsection, the funeral establishment shall be deemed to
have gone out of business and the provisions of subsection
(8) of this section shall apply.
(10) Prearrangement funeral service trust moneys shall
not be used, directly or indirectly, for the benefit of the
funeral establishment or any director, officer, agent, or
(2004 Ed.)
Embalmers—Funeral Directors
employee of the funeral establishment including, but not limited to, any encumbrance, pledge, or other use of prearrangement funeral service trust moneys as collateral or other security.
(11)(a) If, at the time of the signing of the prearrangement funeral service contract, the beneficiary of the trust is a
recipient of public assistance as defined in RCW 74.04.005,
or reasonably anticipates being so defined, the contract may
provide that the trust will be irrevocable. If after the contract
is entered into, the beneficiary becomes eligible or seeks to
become eligible for public assistance under Title 74 RCW,
the contract may provide for an election by the beneficiary, or
by the purchaser on behalf of the beneficiary, to make the
trust irrevocable thereafter in order to become or remain eligible for such assistance.
(b) The department of social and health services shall
notify the trustee of any prearrangement service trust that the
department has a claim on the estate of a beneficiary for longterm care services. Such notice shall be renewed at least
every three years. The trustees upon becoming aware of the
death of a beneficiary shall give notice to the department of
social and health services, office of financial recovery, who
shall file any claim there may be within thirty days of the
notice.
(12) Every prearrangement funeral service contract
financed through a prearrangement funeral service trust shall
contain language which:
(a) Informs the purchaser of the prearrangement funeral
service trust and the amount to be deposited in the trust;
(b) Indicates if the contract is revocable or not in accordance with subsection (11) of this section;
(c) Specifies that a full refund of all moneys paid on the
contract will be made if the contract is canceled within thirty
calendar days of its signing;
(d) Specifies that, in the case of cancellation by a purchaser or beneficiary eligible to cancel under the contract or
under this chapter, up to ten percent of the contract amount
may be retained by the seller to cover the necessary expenses
of selling and setting up the contract;
(e) Identifies the trust to be used and contains information as to how the trustees may be contacted. [1996 c 217 §
8; 1995 1st sp.s. c 18 § 62; 1989 c 390 § 3; 1982 c 66 § 3.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.255
18.39.255 Prearrangement contracts—Insurance
funded—Requirements. Prearranged funeral service contracts funded through insurance shall contain language
which:
(1) States the amount of insurance;
(2) Informs the purchaser of the name and address of the
insurance company through which the insurance will be provided, the policy number, and the name of the beneficiary;
(3) Informs the purchaser that amounts paid for insurance may not be refundable;
(4) Informs that any funds from the policy not used for
services may be subject to a claim for reimbursement for
long-term care services paid for by the state; and
(2004 Ed.)
18.39.280
(5) States that for purposes of the contract, the procedures in RCW 18.39.250(11)(b) shall control such recoupment. [1995 1st sp.s. c 18 § 63; 1989 c 390 § 4.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.39.260
18.39.260 Prearrangement contracts—Certificates
of registration required—Exception. A funeral establishment shall not enter into prearrangement funeral service contracts in this state unless the funeral establishment has
obtained a certificate of registration issued by the board and
such certificate is then in force.
Certificates of registration shall be maintained by funeral
establishments and the funeral establishment shall comply
with all requirements related to the sale of prearrangement
contracts until all obligations have been fulfilled. The board
may, for just cause, release a funeral establishment from specific registration or reporting requirements. [1989 c 390 § 5;
1986 c 259 § 67; 1982 c 66 § 4.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.270
18.39.270 Prearrangement contracts—Registration
qualifications. To qualify for and hold a certificate of registration, a funeral establishment must:
(1) Be licensed pursuant to this chapter; and
(2) Fully comply with and qualify according to the provisions of this chapter. [1982 c 66 § 5.]
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.280
18.39.280 Prearrangement contracts—Application
for registration. To apply for an original certificate of registration, a funeral establishment must:
(1) File with the board its request showing:
(a) Its name, location, and organization date;
(b) The kinds of funeral business it proposes to transact;
(c) A statement of its financial condition, management,
and affairs on a form satisfactory to or furnished by the
board;
(d) Documents establishing its trust, or its affiliation
with a master trust, and the names and addresses of the trustees if a trust is to be used to finance prearrangement funeral
service contracts;
(e) Documents establishing its relationship with insurance carriers if insurance is to be used to finance;
(f) Documents establishing any other financing relationships; and
(g) Such other documents, stipulations, or information as
the board may reasonably require to evidence compliance
with the provisions of this chapter.
(2) Deposit with the director the fees required by this
chapter to be paid for filing the accompanying documents,
and for the certificate of registration, if granted. [1989 c 390
§ 6; 1986 c 259 § 68; 1982 c 66 § 7.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
Fees: RCW 18.39.290.
[Title 18 RCW—page 107]
18.39.290
Title 18 RCW: Businesses and Professions
18.39.290
18.39.290 Prearrangement contracts—Registration—Renewal—Fees—Disposition. All certificates of
registration issued pursuant to this chapter shall continue in
force until the expiration date unless suspended or revoked. A
certificate shall be subject to renewal annually ninety days
after the end of its fiscal year, as stated on the original application, by the funeral establishment and payment of the
required fees.
The director shall determine and collect fees related to
certificate of registration licensure.
All fees so collected shall be remitted by the director to
the state treasurer not later than the first business day following receipt of such funds and the funds shall be credited to the
funeral directors and embalmers account. [1993 c 43 § 1;
1986 c 259 § 69; 1982 c 66 § 8.]
Effective date of 1993 c 43—1993 sp.s. c 24: "Chapter 43, Laws of
1993 is necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 sp.s. c 24 § 931.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.300
18.39.300 Grounds for disciplinary action. In addition to the grounds for action set forth in RCW 18.235.130,
the board may take the disciplinary action set forth in RCW
18.235.110 against the funeral establishment's license, the
license of any funeral director and/or the funeral establishment's certificate of registration, if the licensee or registrant:
(1) Fails to comply with any provisions of this chapter or
any proper order or regulation of the board;
(2) Is found by the board to be in such condition that further execution of prearrangement contracts could be hazardous to purchasers or beneficiaries and the people of this state;
(3) Refuses to be examined, or refuses to submit to
examination by the board when required;
(4) Fails to pay the expense of an examination; or
(5) Is found by the board after investigation or receipt of
reliable information to be managed by persons who are
incompetent or untrustworthy or so lacking in managerial
experience as to make the proposed or continued execution or
servicing of prearrangement funeral service contracts hazardous to purchasers, beneficiaries, or to the public. [2002 c 86
§ 219; 1989 c 390 § 7; 1986 c 259 § 70; 1982 c 66 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.320
18.39.320 Prearrangement contracts—Annual financial statement—Failure to file. (1) Each funeral establishment which has prearrangement funeral service contracts outstanding shall annually, as required by the board, file with the
board a true and accurate statement of its financial condition
and transactions and affairs involving prearrangement
funeral service contracts for its preceding fiscal year. The
statement shall be on such forms and shall contain such information as required by this chapter and by the board.
[Title 18 RCW—page 108]
(2) The board shall take disciplinary action against the
certificate of registration of any funeral establishment which
fails to file its annual statement when due or after any extension of time which the board has, for good cause, granted.
[1989 c 390 § 8; 1986 c 259 § 71; 1982 c 66 § 10.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.330
18.39.330 Prearrangement contract forms—
Approval required—Grounds for disapproval. No prearrangement funeral contract forms shall be used without the
prior approval of the board.
The board shall disapprove any such contract form, or
withdraw prior approval, when such form:
(1) Violates or does not comply with this chapter;
(2) Contains or incorporates by reference any inconsistent, ambiguous or misleading clauses, or exceptions and
conditions which unreasonably or deceptively affect the merchandise or service purported to be provided in the general
coverage of the contract;
(3) Has any title, heading, or other part of its provisions
which is misleading;
(4) Is being solicited by deceptive advertising;
(5) Fails to disclose fully the terms of the funeral service
being provided by the contract, including but not limited to,
any discounts, guarantees, provisions for merchandise or service substitutions or other significant items; or
(6) Is not written in language which the board considers
to be easily understood by the purchaser. [1989 c 390 § 9;
1986 c 259 § 72; 1982 c 66 § 11.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.345
18.39.345 Prearrangement trust—Examination by
board. (1) The board shall examine a prearrangement
funeral service trust whenever it deems it necessary, but at
least once every three years, or whenever the licensee fails
after reasonable notice from the board to file the reports
required by this chapter or the board.
(2) The expense of the prearrangement funeral service
trust examination shall be paid by the licensee and shall not
be deducted from the earnings of the trust. In the case of a
"master trust," the expense of the prearrangement funeral service trust examination shall be shared jointly by all funeral
establishments participating in such trust.
(3) Such examination shall be conducted in private in the
principal office of the licensee and the records relating to prearrangement funeral service contracts and prearrangement
funeral service trusts shall be available at such office. [1989
c 390 § 10.]
18.39.350
18.39.350 Violations—Penalty—Consumer protection—Retail installment contracts. Any person who violates or fails to comply with, or aids or abets any person in the
violation of, or failure to comply with any of the provisions of
this chapter is guilty of a class C felony pursuant to chapter
9A.20 RCW. Any such violation constitutes an unfair practice under chapter 19.86 RCW and this chapter and convic(2004 Ed.)
Embalmers—Funeral Directors
tion thereunder is grounds for license revocation under this
chapter and RCW 18.235.110. Retail installment contracts
under this chapter shall be governed by chapter 63.14 RCW.
[2002 c 86 § 220; 1989 c 390 § 11; 1982 c 66 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
Unlawful business practices—Penalty: RCW 18.39.220.
18.39.360
18.39.360 Fraternal or benevolent organizations and
labor unions excepted. This chapter does not apply to any
funeral right or benefit issued or granted as an incident to or
by reason of membership in any fraternal or benevolent association or cooperative or society, or labor union not organized
for profit. [1989 c 390 § 12; 1982 c 66 § 14.]
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.370
18.39.370 Prearrangement service contracts—Abandoned trusts. Any trust which has not matured or been
refunded and for which no beneficiary can be located fifty
years after its creation shall be considered abandoned and
will be handled in accordance with the escheat laws of the
state of Washington. [1989 c 390 § 13.]
18.39.410
18.39.410 Unprofessional conduct. In addition to the
unprofessional conduct described in RCW 18.235.130, the
board may take disciplinary action and may impose any of
the sanctions specified in RCW 18.235.110 for the following
conduct, acts, or conditions:
(1) Solicitation of dead human bodies by a licensee, registrant, endorsement, or permit holder, or agent, assistant, or
employee of the licensee, registrant, endorsement, or permit
holder whether the solicitation occurs after death or while
death is impending. This chapter does not prohibit general
advertising or the sale of prearrangement funeral service contracts;
(2) Solicitation may include employment of solicitors,
payment of commission, bonus, rebate, or any form of gratuity or payment of a finders fee, referral fee, or other consideration given for the purpose of obtaining or providing the services for a dead human body or where death is impending;
(3) Acceptance by a licensee, registrant, endorsement, or
permit holder or other employee of a funeral establishment of
a commission, bonus, rebate, or gratuity in consideration of
directing business to a cemetery, crematory, mausoleum,
columbarium, florist, or other person providing goods and
services to the disposition of dead human bodies;
(4) Using a casket or part of a casket that has previously
been used as a receptacle for, or in connection with, the burial
or other disposition of a dead human body without the written
consent of the person lawfully entitled to control the disposition of remains of the deceased person in accordance with
RCW 68.50.160. This subsection does not prohibit the use of
rental caskets, such as caskets of which the outer shell portion
is rented and the inner insert that contains the dead human
body is purchased and used for the disposition, that are disclosed as such in the statement of funeral goods and services;
(2004 Ed.)
18.39.450
(5) Violation of a state law, municipal law, or county
ordinance or regulation affecting the handling, custody, care,
transportation, or disposition of dead human bodies;
(6) Refusing to promptly surrender the custody of a dead
human body upon the expressed order of the person lawfully
entitled to its custody under RCW 68.50.160;
(7) Selling, or offering for sale, a share, certificate, or an
interest in the business of a funeral establishment, or in a corporation, firm, or association owning or operating a funeral
establishment that promises or purports to give to purchasers
a right to the services of a licensee, registrant, endorsement,
or permit holder at a charge or cost less than offered or given
to the public;
(8) Violation of any state or federal statute or administrative ruling relating to funeral practice;
(9) Knowingly concealing information concerning a violation of this title. [2002 c 86 § 221; 1994 c 17 § 3.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.39.420
18.39.420 Complaint to board—Submittal—Determination—Investigation—Immunity of complainant. A
person, including but not limited to a consumer, licensee, corporation, organization, and state and local governmental
agency, may submit a written complaint to the board charging a license, registration, endorsement, or permit holder or
applicant with unprofessional conduct and specifying the
grounds for the complaint. If the board determines that the
complaint merits investigation, or if the board has reason to
believe, without a formal complaint, that a license holder or
applicant might have engaged in unprofessional conduct, the
board shall investigate to determine whether there has been
unprofessional conduct. A person who files a complaint
under this section in good faith is immune from suit in a civil
action related to the filing or contents of the complaint. [1994
c 17 § 4.]
18.39.450
18.39.450 Findings of fact—Order—Notice—
Report. (1) In the event of a finding of unprofessional conduct, the board shall prepare and serve findings of fact and an
order as provided in chapter 34.05 RCW and the board shall
notify the public, which notice must include press releases to
appropriate local news media and the major news wire services. If the license, registration, endorsement, or permit
holder or applicant is found to have not committed unprofessional conduct, the board shall immediately prepare and serve
findings of fact and an order of dismissal of the charges. The
board shall retain the findings of fact and order as a permanent record.
(2) The board shall report the issuance of statements of
charges and final orders in cases processed by the board to:
(a) The person or agency who brought to the board's
attention information that resulted in the initiation of the
case;
(b) Appropriate organizations, public or private, that
serve the professions; and
(c) Counterpart licensing boards in other states or associations of state licensing boards.
[Title 18 RCW—page 109]
18.39.465
Title 18 RCW: Businesses and Professions
(3) This section does not require the reporting of information that is exempt from public disclosure under chapter
42.17 RCW. [1994 c 17 § 7.]
sions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 223.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
18.39.465
18.39.465 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified
by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a
brief adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release
issued by the lending agency stating that the person is making
payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the director
may impose. [1996 c 293 § 9.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.39.467
18.39.467 License suspension—Noncompliance with
support order—Reissuance. In the case of suspension for
failure to comply with a support order under chapter 74.20A
RCW or a *residential or visitation order under chapter 26.09
RCW, if the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
a license shall be automatic upon the director's receipt of a
release issued by the department of social and health services
stating that the individual is in compliance with the order.
[1997 c 58 § 820.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.39.800
18.39.800 Funeral directors and embalmers account.
The funeral directors and embalmers account is created in the
state treasury. All fees received by the department for
licenses, registrations, renewals, examinations, and audits
shall be forwarded to the state treasurer who shall credit the
money to the account. All fines and civil penalties ordered by
the superior court or fines ordered pursuant to RCW
18.130.160(8) against holders of licenses or registrations
issued under the provisions of this chapter shall be paid to the
account. All expenses incurred in carrying out the licensing
and registration activities of the department and the state
funeral directors and embalmers board under this chapter
shall be paid from the account as authorized by legislative
appropriation. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the
biennium. All earnings of investments of balances in the
account shall be credited to the general fund. Any fund balance remaining in the health professions account attributable
to the funeral director and embalmer professions as of July 1,
1993, shall be transferred to the funeral directors and
embalmers account. [1996 c 217 § 9; 1993 c 43 § 2.]
Effective date of 1993 c 43—1993 sp.s. c 24: See note following RCW
18.39.290.
18.39.900 Severability—1937 c 108. If any section,
subdivision, sentence or clause of this act shall be held
invalid or unconstitutional, such holding shall not affect the
validity of the remaining portions of this act. [1937 c 108 §
18.]
18.39.900
18.39.901
18.39.901 Severability—1982 c 66. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 66 § 23.]
Chapter 18.43
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.39.530
18.39.530 Practice without license—Penalties. Unlicensed practice of a profession or operation of a business for
which a license, registration, endorsement, or permit is
required under this chapter, unless otherwise exempted by
law, is a gross misdemeanor. Fees, fines, forfeitures, and penalties collected or assessed by a court because of a violation
of this section must be remitted to the board. [2002 c 86 §
222; 1994 c 17 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Sections
18.43.010
18.43.020
18.43.030
18.43.033
18.43.035
18.43.040
18.43.050
18.43.060
18.43.070
18.43.075
18.43.080
18.43.100
18.43.105
18.43.110
18.39.560
18.39.560 Uniform regulation of business and professions act. The uniform regulation of business and profes[Title 18 RCW—page 110]
Chapter 18.43 RCW
ENGINEERS AND LAND SURVEYORS
18.43.120
18.43.130
General provisions.
Definitions.
Board of registration—Members—Terms—Qualifications—
Compensation and travel expenses.
Pro tem board members—Limits—Duties.
Bylaws—Employees—Rules—Periodic reports and roster.
Registration requirements.
Application—Registration fees.
Examinations.
Certificates and seals.
Retired status certificate.
Expiration and renewals of certificates—Fees.
Registration of out-of-state applicants.
Disciplinary action—Prohibited conduct, acts, conditions.
Discipline of registrant—Board's power—Unprofessional
conduct—Reissuance of certificate of registration.
Violations and penalties.
Excepted services—Fees.
(2004 Ed.)
Engineers and Land Surveyors
18.43.150
18.43.160
18.43.170
18.43.180
18.43.900
18.43.910
18.43.920
18.43.930
Disposition of fees.
Certificate of registration or license suspension—Nonpayment
or default on educational loan or scholarship.
Registration suspension—Noncompliance with support
order—Reissuance.
Uniform regulation of business and professions act.
Short title.
Severability—1947 c 283.
Severability—1959 c 297.
Severability—1961 c 142.
Actions or claims for engineering and surveying services, limitations upon:
RCW 4.16.300 through 4.16.320.
Noncompliance with surveys and monuments recording law—Grounds for
revocation: RCW 58.09.140.
Public contracts for engineering services: Chapter 39.80 RCW.
Surveys and monuments recording law: Chapter 58.09 RCW.
18.43.010
18.43.010 General provisions. In order to safeguard
life, health, and property, and to promote the public welfare,
any person in either public or private capacity practicing or
offering to practice engineering or land surveying, shall hereafter be required to submit evidence that he is qualified so to
practice and shall be registered as hereinafter provided; and it
shall be unlawful for any person to practice or to offer to
practice in this state, engineering or land surveying, as
defined in the provisions of this chapter, or to use in connection with his name or otherwise assume, use, or advertise any
title or description tending to convey the impression that he is
a professional engineer or a land surveyor, unless such a person has been duly registered under the provisions of this
chapter. [1947 c 283 § 1; Rem. Supp. 1947 § 8306-21. Prior:
1935 c 167 § 2; RRS § 8306-2.]
False advertising: Chapter 9.04 RCW.
18.43.020
18.43.020 Definitions. (1) Engineer: The term "engineer" as used in this chapter shall mean a professional engineer as hereinafter defined.
(2) Professional engineer: The term "professional engineer" within the meaning and intent of this chapter, shall
mean a person who, by reason of his or her special knowledge
of the mathematical and physical sciences and the principles
and methods of engineering analysis and design, acquired by
professional education and practical experience, is qualified
to practice engineering as hereinafter defined, as attested by
his or her legal registration as a professional engineer.
(3) Engineer-in-training: The term "engineer-in-training" as used in this chapter means a candidate who has: (a)
Satisfied the experience requirements in RCW 18.43.040 for
registration; (b) successfully passed the examination in the
fundamental engineering subjects; and (c) is enrolled by the
board as an engineer-in-training.
(4) Engineering: The term "engineering" as used in this
chapter shall mean the "practice of engineering" as hereinafter defined.
(5) Practice of engineering: The term "practice of engineering" within the meaning and intent of this chapter shall
mean any professional service or creative work requiring
engineering education, training, and experience and the
application of special knowledge of the mathematical, physical, and engineering sciences to such professional services or
creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose
of assuring compliance with specifications and design, in
(2004 Ed.)
18.43.030
connection with any public or private utilities, structures,
buildings, machines, equipment, processes, works, or
projects.
A person shall be construed to practice or offer to practice engineering, within the meaning and intent of this chapter, who practices any branch of the profession of engineering; or who, by verbal claim, sign, advertisement, letterhead,
card, or in any other way represents himself or herself to be a
professional engineer, or through the use of some other title
implies that he or she is a professional engineer; or who holds
himself or herself out as able to perform, or who does perform, any engineering service or work or any other professional service designated by the practitioner or recognized by
educational authorities as engineering.
The practice of engineering shall not include the work
ordinarily performed by persons who operate or maintain
machinery or equipment.
(6) Land surveyor: The term "land surveyor" as used in
this chapter shall mean a professional land surveyor.
(7) Professional land surveyor: The term "professional
land surveyor" as used in this chapter means a person who, by
reason of his or her special knowledge of the mathematical
and physical sciences and principles and practices of land
surveying, which is acquired by professional education and
practical experience, is qualified to practice land surveying
and as attested to by his or her legal registration as a professional land surveyor.
(8) Land-surveyor-in-training: The term "land-surveyor-in-training" as used in this chapter means a candidate
who: (a) Has satisfied the experience requirements in RCW
18.43.040 for registration; (b) successfully passes the examination in the fundamental land surveying subjects; and (c) is
enrolled by the board as a land-surveyor-in-training.
(9) Practice of land surveying: The term "practice of
land surveying" within the meaning and intent of this chapter,
shall mean assuming responsible charge of the surveying of
land for the establishment of corners, lines, boundaries, and
monuments, the laying out and subdivision of land, the defining and locating of corners, lines, boundaries and monuments
of land after they have been established, the survey of land
areas for the purpose of determining the topography thereof,
the making of topographical delineations and the preparing of
maps and accurate records thereof, when the proper performance of such services requires technical knowledge and
skill.
(10) Board: The term "board" as used in this chapter
shall mean the state board of registration for professional
engineers and land surveyors, provided for by this chapter.
[1995 c 356 § 1; 1991 c 19 § 1; 1947 c 283 § 2; Rem. Supp.
1947 § 8306-22. Prior: 1935 c 167 § 1; RRS § 8306-1.]
Effective date—1995 c 356: "This act shall take effect July 1, 1996."
[1995 c 356 § 6.]
18.43.030
18.43.030 Board of registration—Members—
Terms—Qualifications—Compensation and travel
expenses. A state board of registration for professional engineers and land surveyors is hereby created which shall exercise all of the powers and perform all of the duties conferred
upon it by this chapter. After July 9, 1986, the board shall
consist of seven members, who shall be appointed by the
governor and shall have the qualifications as hereinafter
[Title 18 RCW—page 111]
18.43.033
Title 18 RCW: Businesses and Professions
required. The terms of board members in office on June 11,
1986, shall not be affected. The first additional member shall
be appointed for a four-year term and the second additional
member shall be appointed for a three-year term. On the expiration of the term of any member, the governor shall appoint
a successor for a term of five years to take the place of the
member whose term on said board is about to expire. However, no member shall serve more than two consecutive terms
on the board. Each member shall hold office until the expiration of the term for which such member is appointed or until
a successor shall have been duly appointed and shall have
qualified.
Five members of the board shall be registered professional engineers licensed under the provisions of this chapter.
Two members shall be registered professional land surveyors
licensed under this chapter. Each of the members of the board
shall have been actively engaged in the practice of engineering or land surveying for at least ten years subsequent to registration, five of which shall have been immediately prior to
their appointment to the board.
Each member of the board shall be a citizen of the United
States and shall have been a resident of this state for at least
five years immediately preceding his appointment.
Each member of the board shall be compensated in
accordance with RCW 43.03.240 and, in addition thereto,
shall be reimbursed for travel expenses incurred in carrying
out the provisions of this chapter in accordance with RCW
43.03.050 and 43.03.060.
The governor may remove any member of the board for
misconduct, incompetency, or neglect of duty. Vacancies in
the membership of the board shall be filled for the unexpired
term by appointment by the governor as hereinabove provided. [1986 c 102 § 1; 1984 c 287 § 35; 1975-'76 2nd ex.s.
c 34 § 37; 1947 c 283 § 3; Rem. Supp. 1947 § 8306-23.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.43.033
18.43.033 Pro tem board members—Limits—Duties.
Upon request of the board, and with approval of the director,
the board chair shall appoint up to two individuals to serve as
pro tem members of the board. The appointments are limited,
as defined by the board chair, for the purpose of participating
as a temporary member of the board on any combination of
one or more committees or formal disciplinary hearing panels. An appointed individual must meet the same qualifications as a regular member of the board. While serving as a
board member pro tem, an appointed person has all the powers, duties, and immunities of a regular member of the board
and is entitled to the same compensation, including travel
expenses, in accordance with RCW 18.43.030. A pro tem
appointment may not last for more than one hundred eighty
days unless approved by the director. [1997 c 247 § 1.]
18.43.035
18.43.035 Bylaws—Employees—Rules—Periodic
reports and roster. The board may adopt and amend bylaws
establishing its organization and method of operation, including but not limited to meetings, maintenance of books and
records, publication of reports, code of ethics, and rosters,
and adoption and use of a seal. Four members of the board
[Title 18 RCW—page 112]
shall constitute a quorum for the conduct of any business of
the board. The board may employ such persons as are necessary to carry out its duties under this chapter. It may adopt
rules reasonably necessary to administer the provisions of
this chapter. The board shall submit to the governor such
periodic reports as may be required. A roster, showing the
names and places of business of all registered professional
engineers and land surveyors may be published for distribution, upon request, to professional engineers and land surveyors registered under this chapter and to the public. [2002 c 86
§ 224; 1997 c 247 § 2; 1986 c 102 § 2; 1977 c 75 § 10; 1961
c 142 § 1; 1959 c 297 § 1.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.43.040
18.43.040 Registration requirements. The following
will be considered as minimum evidence satisfactory to the
board that the applicant is qualified for registration as a professional engineer, engineer-in-training, professional land
surveyor, or land-surveyor-in-training, respectively:
As a professional engineer: A specific record of eight
years or more of experience in engineering work of a character satisfactory to the board and indicating that the applicant
is competent to practice engineering; and successfully passing a written or oral examination, or both, in engineering as
prescribed by the board.
Graduation in an approved engineering curriculum of
four years or more from a school or college approved by the
board as of satisfactory standing shall be considered equivalent to four years of such required experience. The satisfactory completion of each year of such an approved engineering
course without graduation shall be considered as equivalent
to a year of such required experience. Graduation in a curriculum other than engineering from a school or college
approved by the board shall be considered as equivalent to
two years of such required experience: PROVIDED, That no
applicant shall receive credit for more than four years of
experience because of undergraduate educational qualifications. The board may, at its discretion, give credit as experience not in excess of one year, for satisfactory postgraduate
study in engineering.
Structural engineering is recognized as a specialized
branch of professional engineering. To receive a certificate of
registration in structural engineering, an applicant must hold
a current registration in this state in engineering and have at
least two years of structural engineering experience, of a
character satisfactory to the board, in addition to the eight
years' experience required for registration as a professional
engineer. An applicant for registration as a structural engineer must also pass an additional examination as prescribed
by the board. Applicants for a certificate of registration in
structural engineering who have had their application
approved by the board prior to July 1, 2001, are not required
to have an additional two years of structural engineering
experience if the applicant passes the additional structural
examination before January 30, 2002.
As an engineer-in-training: An applicant for registration
as a professional engineer shall take the prescribed examination in two stages. The first stage of the examination may be
taken upon submission of his or her application for registra(2004 Ed.)
Engineers and Land Surveyors
tion as an engineer-in-training and payment of the application
fee prescribed in RCW 18.43.050 at any time after the applicant has completed four years of the required engineering
experience, as defined in this section, or has achieved senior
standing in a school or college approved by the board. The
first stage of the examination shall test the applicant's knowledge of appropriate fundamentals of engineering subjects,
including mathematics and the basic sciences.
At any time after the completion of the required eight
years of engineering experience, as defined in this section,
the applicant may take the second stage of the examination
upon submission of an application for registration and payment of the application fee prescribed in RCW 18.43.050.
This stage of the examination shall test the applicant's ability,
upon the basis of his or her greater experience, to apply his or
her knowledge and experience in the field of his or her specific training and qualifications.
As a professional land surveyor: A specific record of
eight years or more of experience in land surveying work of a
character satisfactory to the board and indicating that the
applicant is competent to practice land surveying, and successfully passing a written or oral examination, or both, in
surveying as prescribed by the board.
Graduation from a school or college approved by the
board as of satisfactory standing, including the completion of
an approved course in surveying, shall be considered equivalent to four years of the required experience. Postgraduate
college courses approved by the board shall be considered for
up to one additional year of the required experience.
As a land-surveyor-in-training: An applicant for registration as a professional land surveyor shall take the prescribed examination in two stages. The first stage of the
examination may be taken upon submission of his or her
application for registration as a land-surveyor-in-training and
payment of the application fee prescribed in RCW 18.43.050
at any time after the applicant has completed four years of the
required land surveying experience, as defined in this section,
or has achieved senior standing in a school or college
approved by the board. The first stage of the examination
shall test the applicant's knowledge of appropriate fundamentals of land surveying subjects, including mathematics and
the basic sciences.
At any time after the completion of the required eight
years of land surveying experience, as defined in this section,
the applicant may take the second stage of the examination
upon submission of an application for registration and payment of the application fee prescribed in RCW 18.43.050.
This stage of the examination shall test the applicant's ability,
upon the basis of greater experience, to apply knowledge and
experience in the field of land surveying.
The first stage shall be successfully completed before the
second stage may be attempted. Applicants who have been
approved by the board to take the examination based on the
requirement for six years of experience under this section
before July 1, 1996, are eligible to sit for the examination.
No person shall be eligible for registration as a professional engineer, engineer-in-training, professional land surveyor, or land-surveyor-in-training, who is not of good character and reputation.
(2004 Ed.)
18.43.060
Teaching, of a character satisfactory to the board shall be
considered as experience not in excess of two years for the
appropriate profession.
The mere execution, as a contractor, of work designed by
a professional engineer, or the supervision of the construction
of such work as a foreman or superintendent shall not be
deemed to be practice of engineering.
Any person having the necessary qualifications prescribed in this chapter to entitle him or her to registration
shall be eligible for such registration although the person may
not be practicing his or her profession at the time of making
his or her application. [2000 c 172 § 1; 1995 c 356 § 2; 1991
c 19 § 2; 1947 c 283 § 7; Rem. Supp. 1947 § 8306-24. Prior:
1935 c 167 § 2; RRS § 8306-2.]
Effective date—1995 c 356: See note following RCW 18.43.020.
18.43.050
18.43.050 Application—Registration fees. Application for registration shall be on forms prescribed by the board
and furnished by the director, shall contain statements made
under oath, showing the applicant's education and detail summary of his or her technical work and shall contain not less
than five references, of whom three or more shall be engineers having personal knowledge of the applicant's engineering experience.
The registration fee for professional engineers shall be
determined by the director as provided in RCW 43.24.086,
which shall accompany the application and shall include the
cost of examination and issuance of certificate. The fee for
engineer-in-training shall be determined by the director as
provided in RCW 43.24.086, which shall accompany the
application and shall include the cost of examination and
issuance of certificate.
The registration fee for professional land surveyors shall
be determined by the director as provided in RCW 43.24.086,
which shall accompany the application and shall include the
cost of examination and issuance of certificate. The fee for
land-surveyor-in-training shall be determined by the director
as provided in RCW 43.24.086, which shall accompany the
application and shall include the cost of examination and
issuance of certificate.
Should the board find an applicant ineligible for registration, the registration fee shall be retained as an application
fee. [1995 c 356 § 3; 1991 c 19 § 3; 1985 c 7 § 42; 1975 1st
ex.s. c 30 § 46; 1947 c 283 § 8; Rem. Supp. 1947 § 8306-25.
Prior: 1935 c 167 § 6; RRS § 8306-6.]
Effective date—1995 c 356: See note following RCW 18.43.020.
18.43.060
18.43.060 Examinations. When oral or written examinations are required, they shall be held at such time and place
as the board shall determine. If examinations are required on
fundamental engineering subjects (such as ordinarily given in
college curricula) the applicant shall be permitted to take this
part of the professional examination prior to his or her completion of the requisite years of experience in engineering
work. The board shall issue to each applicant upon successfully passing the examination in fundamental engineering
subjects a certificate stating that the applicant has passed the
examination in fundamental engineering subjects and that his
or her name has been recorded as an engineer-in-training.
[Title 18 RCW—page 113]
18.43.070
Title 18 RCW: Businesses and Professions
The scope of the examination and the methods of procedure shall be prescribed by the board with special reference to
the applicant's ability to design and supervise engineering
works so as to insure the safety of life, health and property.
Examinations shall be given for the purpose of determining
the qualifications of applicants for registration separately in
engineering and in land surveying. A candidate failing an
examination may apply for reexamination. Subsequent examinations will be granted upon payment of a fee to be determined by the director as provided in RCW 43.24.086. [1991
c 19 § 4; 1961 c 142 § 2; 1947 c 283 § 9; Rem. Supp. 1947 §
8306-26. Prior: 1935 c 167 § 7; RRS § 8306-7.]
18.43.070
18.43.070 Certificates and seals. The director of
licensing shall issue a certificate of registration upon payment of a registration fee as provided for in this chapter, to
any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In case of a registered engineer, the certificate shall authorize the practice of
"professional engineering" and specify the branch or
branches in which specialized, and in case of a registered
land surveyor, the certificate shall authorize the practice of
"land surveying".
In case of engineer-in-training, the certificate shall state
that the applicant has successfully passed the examination in
fundamental engineering subjects required by the board and
has been enrolled as an "engineer-in-training". In case of
land-surveyor-in-training, the certificate shall state that the
applicant has successfully passed the examination in fundamental surveying subjects required by the board and has been
enrolled as a "land-surveyor-in-training." All certificates of
registration shall show the full name of the registrant, shall
have a serial number, and shall be signed by the chairman and
the secretary of the board and by the director of licensing.
The issuance of a certificate of registration by the director of licensing shall be prima facie evidence that the person
named therein is entitled to all the rights and privileges of a
registered professional engineer or a registered land surveyor, while the said certificate remains unrevoked and unexpired.
Each registrant hereunder shall upon registration obtain
a seal of the design authorized by the board, bearing the registrant's name and the legend "registered professional engineer" or "registered land surveyor". Plans, specifications,
plats and reports prepared by the registrant shall be signed,
dated, and stamped with said seal or facsimile thereof. Such
signature and stamping shall constitute a certification by the
registrant that the same was prepared by or under his or her
direct supervision and that to his or her knowledge and belief
the same was prepared in accordance with the requirements
of the statute. It shall be unlawful for anyone to stamp or seal
any document with said seal or facsimile thereof after the certificate of registrant named thereon has expired or been
revoked, unless said certificate shall have been renewed or
reissued. [1995 c 356 § 4; 1991 c 19 § 5; 1959 c 297 § 4;
1947 c 283 § 10; Rem. Supp. 1947 § 8306-27. Prior: 1935 c
167 §§ 8, 13; RRS § 8306-8, 13.]
Effective date—1995 c 356: See note following RCW 18.43.020.
[Title 18 RCW—page 114]
18.43.075
18.43.075 Retired status certificate. The board may
adopt rules under this section authorizing a retired status certificate. An individual certificated under this chapter who has
reached the age of sixty-five years and has retired from the
active practice of engineering and land surveying may, upon
application and at the discretion of the board, be exempted
from payment of annual renewal fees thereafter. [1995 c 356
§ 5.]
Effective date—1995 c 356: See note following RCW 18.43.020.
18.43.080
18.43.080 Expiration and renewals of certificates—
Fees. Certificates of registration, and certificates of authorization and renewals thereof shall expire on the last day of the
month of December following their issuance or renewal and
shall become invalid on that date unless renewed. It shall be
the duty of the administrator of the division of professional
licensing to notify every person, firm or corporation registered under this chapter, of the date of the expiration of his
certificate and the amount of the renewal fee that shall be
required for its renewal for one year. Such notice shall be
mailed at least thirty days before the end of December of each
year. Renewal may be effected during the month of December by the payment of a fee determined by the director as provided in RCW 43.24.086. In case any professional engineer
and/or land surveyor registered under this chapter shall fail to
pay the renewal fee hereinabove provided for, within ninety
days from the date when the same shall become due, the
renewal fee shall be the current fee plus an amount equal to
one year's fee. [1985 c 7 § 43; 1981 c 260 § 4. Prior: 1975
1st ex.s. c 30 § 47; 1975 c 23 § 1; 1965 ex.s. c 126 § 1; 1961
c 142 § 3; 1959 c 297 § 5; 1947 c 283 § 11; Rem. Supp. 1947
§ 8306-28; prior: 1935 c 167 § 10; RRS § 8306-10.]
18.43.100
18.43.100 Registration of out-of-state applicants.
The board may, upon application and the payment of a fee
determined by the director as provided in RCW 43.24.086,
issue a certificate without further examination as a professional engineer or land surveyor to any person who holds a
certificate of qualification of registration issued to the applicant following examination by proper authority, of any state
or territory or possession of the United States, the District of
Columbia, or of any foreign country, provided: (1) That the
applicant's qualifications meet the requirements of the chapter and the rules established by the board, and (2) that the
applicant is in good standing with the licensing agency in said
state, territory, possession, district, or foreign country. [1991
c 19 § 7; 1985 c 7 § 44; 1975 1st ex.s. c 30 § 48; 1959 c 297
§ 6; 1947 c 283 § 13; Rem. Supp. 1947 § 8306-30. Prior:
1935 c 167 § 5; RRS § 8306-5.]
18.43.105
18.43.105 Disciplinary action—Prohibited conduct,
acts, conditions. In addition to the unprofessional conduct
described in RCW 18.235.130, the board may take disciplinary action for the following conduct, acts, or conditions:
(1) Offering to pay, paying or accepting, either directly
or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;
(2) Being willfully untruthful or deceptive in any professional report, statement or testimony;
(2004 Ed.)
Engineers and Land Surveyors
(3) Attempting to injure falsely or maliciously, directly
or indirectly, the professional reputation, prospects or business of anyone;
(4) Failure to state separately or to charge separately for
professional engineering services or land surveying where
other services or work are also being performed in connection
with the engineering services;
(5) Violation of any provisions of this chapter;
(6) Conflict of interest—Having a financial interest in
bidding for or performance of a contract to supply labor or
materials for or to construct a project for which employed or
retained as an engineer except with the consent of the client
or employer after disclosure of such facts; or allowing an
interest in any business to affect a decision regarding engineering work for which retained, employed, or called upon to
perform;
(7) Nondisclosure—Failure to promptly disclose to a client or employer any interest in a business which may compete with or affect the business of the client or employer;
(8) Unfair competition—Reducing a fee quoted for prospective employment or retainer as an engineer after being
informed of the fee quoted by another engineer for the same
employment or retainer;
(9) Improper advertising—Soliciting retainer or employment by advertisement which is undignified, self-laudatory,
false or misleading, or which makes or invites comparison
between the advertiser and other engineers;
(10) Committing any other act, or failing to act, which
act or failure are customarily regarded as being contrary to
the accepted professional conduct or standard generally
expected of those practicing professional engineering or land
surveying. [2002 c 86 § 225; 1961 c 142 § 4; 1959 c 297 § 2.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.43.110
18.43.110 Discipline of registrant—Board's power—
Unprofessional conduct—Reissuance of certificate of registration. The board shall have the exclusive power to discipline the registrant and sanction the certificate of registration
of any registrant.
Any person may file a complaint alleging unprofessional
conduct, as set out in RCW 18.235.130 and 18.43.105,
against any registrant. The complaint shall be in writing and
shall be sworn to in writing by the person making the allegation. A registrant against whom a complaint was made must
be immediately informed of such complaint by the board.
The board, for reasons it deems sufficient, may reissue a
certificate of registration to any person whose certificate has
been revoked or suspended, providing a majority of the board
vote in favor of such issuance. A new certificate of registration to replace any certificate revoked, lost, destroyed, or
mutilated may be issued, subject to the rules of the board, and
a charge determined by the director as provided in RCW
43.24.086 shall be made for such issuance.
In addition to the imposition of disciplinary action under
RCW 18.235.110, the board may refer violations of this
chapter to the appropriate prosecuting attorney for charges
under RCW 18.43.120. [2002 c 86 § 226; 1997 c 247 § 3;
1989 c 175 § 62; 1986 c 102 § 3; 1985 c 7 § 45; 1982 c 37 §
(2004 Ed.)
18.43.130
1; 1975 1st ex.s. c 30 § 49; 1947 c 283 § 14; Rem. Supp. 1947
§ 8306-31. Prior: 1935 c 167 § 11; RRS § 8306-11.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1989 c 175: See note following RCW 34.05.010.
18.43.120
18.43.120 Violations and penalties. Any person who
shall practice, or offer to practice, engineering or land surveying in this state without being registered in accordance with
the provisions of the chapter, or any person presenting or
attempting to use as his own the certificate of registration or
the seal of another, or any person who shall give any false or
forged evidence of any kind to the board or to any member
thereof in obtaining a certificate of registration, or any person
who shall falsely impersonate any other registrant, or any
person who shall attempt to use the expired or revoked certificate of registration, or any person who shall violate any of
the provisions of this chapter shall be guilty of a gross misdemeanor.
It shall be the duty of all officers of the state or any political subdivision thereof, to enforce the provisions of this
chapter. The attorney general shall act as legal adviser of the
board, and render such legal assistance as may be necessary
in carrying out the provisions of this chapter. [1986 c 102 §
4; 1947 c 283 § 15; Rem. Supp. 1947 § 8306-32. Prior: 1935
c 167 § 14; RRS § 8306-14.]
Forgery: RCW 9A.60.020.
18.43.130
18.43.130 Excepted services—Fees. This chapter shall
not be construed to prevent or affect:
(1) The practice of any other legally recognized profession or trade; or
(2) The practice of a person not a resident and having no
established place of business in this state, practicing or offering to practice herein the profession of engineering or land
surveying, when such practice does not exceed in the aggregate more than thirty days in any calendar year: PROVIDED, Such person has been determined by the board to be
legally qualified by registration to practice the said profession in his or her own state or country in which the requirements and qualifications for obtaining a certificate of registration are not lower than those specified in this chapter. The
person shall request such a determination by completing an
application prescribed by the board and accompanied by a fee
determined by the director. Upon approval of the application,
the board shall issue a permit authorizing temporary practice;
or
(3) The practice of a person not a resident and having no
established place of business in this state, or who has recently
become a resident thereof, practicing or offering to practice
herein for more than thirty days in any calendar year the profession of engineering or land surveying, if he or she shall
have filed with the board an application for a certificate of
registration and shall have paid the fee required by this chapter: PROVIDED, That such person is legally qualified by
registration to practice engineering or land surveying in his or
her own state or country in which the requirements and qualifications of obtaining a certificate of registration are not
lower than those specified in this chapter. Such practice shall
[Title 18 RCW—page 115]
18.43.130
Title 18 RCW: Businesses and Professions
continue only for such time as the board requires for the consideration of the application for registration; or
(4) The work of an employee or a subordinate of a person
holding a certificate of registration under this chapter, or an
employee of a person practicing lawfully under provisions of
this section: PROVIDED, That such work does not include
final design or decisions and is done under the direct responsibility, checking, and supervision of a person holding a certificate of registration under this chapter or a person practicing lawfully under the provisions of this section; or
(5) The work of a person rendering engineering or land
surveying services to a corporation, as an employee of such
corporation, when such services are rendered in carrying on
the general business of the corporation and such general business does not consist, either wholly or in part, of the rendering of engineering services to the general public: PROVIDED, That such corporation employs at least one person
holding a certificate of registration under this chapter or practicing lawfully under the provisions of this chapter; or
(6) The practice of officers or employees of the government of the United States while engaged within the state in
the practice of the profession of engineering or land surveying for the government of the United States; or
(7) Nonresident engineers employed for the purpose of
making engineering examinations; or
(8) The practice of engineering or land surveying, or
both, in this state by a corporation or joint stock association:
PROVIDED, That
(a) The corporation has filed with the board an application for certificate of authorization upon a form to be prescribed by the board and containing information required to
enable the board to determine whether such corporation is
qualified in accordance with this chapter to practice engineering or land surveying, or both, in this state;
(b) For engineering, the corporation has filed with the
board a certified copy of a resolution of the board of directors
of the corporation that shall designate a person holding a certificate of registration under this chapter as responsible for
the practice of engineering by the corporation in this state and
shall provide that full authority to make all final engineering
decisions on behalf of the corporation with respect to work
performed by the corporation in this state shall be granted and
delegated by the board of directors to the person so designated in the resolution. For land surveying, the corporation
has filed with the board a certified copy of a resolution of the
board of directors of the corporation which shall designate a
person holding a certificate of registration under this chapter
as responsible for the practice of land surveying by the corporation in this state and shall provide full authority to make all
final land surveying decisions on behalf of the corporation
with respect to work performed by the corporation in this
state be granted and delegated by the board of directors to the
person so designated in the resolution. If a corporation offers
both engineering and land surveying services, the board of
directors shall designate both a licensed engineer and a
licensed land surveyor. If a person is licensed in both engineering and land surveying, the person may be designated for
both professions. The resolution shall further state that the
bylaws of the corporation shall be amended to include the following provision: "The designated engineer or land surveyor, respectively, named in the resolution as being in
[Title 18 RCW—page 116]
responsible charge, or an engineer or land surveyor under the
designated engineer or land surveyor's direct supervision,
shall make all engineering or land surveying decisions pertaining to engineering or land surveying activities in the state
of Washington." However, the filing of the resolution shall
not relieve the corporation of any responsibility or liability
imposed upon it by law or by contract;
(c) If there is a change in the designated engineer or designated land surveyor, the corporation shall notify the board
in writing within thirty days after the effective date of the
change. If the corporation changes its name, the corporation
shall submit a copy of its amended certificate of authority or
amended certificate of incorporation as filed with the secretary of state within thirty days of the filing;
(d) Upon the filing with the board the application for certificate for authorization, certified copy of resolution and an
affidavit, the designation of a designated engineer or designated land surveyor, or both, specified in (b) of this subsection, a certificate of incorporation or certificate of authorization as filed with the secretary of state, and a copy of the corporation's current Washington business license, the board
shall issue to the corporation a certificate of authorization to
practice engineering or land surveying, or both, in this state
upon a determination by the board that:
(i) The designated engineer or designated land surveyor,
or both, hold a certificate of registration in this state in accordance with this chapter and the certificate is in force;
(ii) The designated engineer or designated land surveyor,
or both, are not designated in responsible charge for another
corporation or a limited liability company; and
(iii) The corporation is licensed with the secretary of
state and holds a current unified business identification number and the board determines, based on evaluating the findings and information in this section, that the applicant corporation possesses the ability and competence to furnish engineering or land surveying services, or both, in the public
interest.
The board may exercise its discretion to take any of the
actions under RCW 18.235.110 with respect to a certificate
of authorization issued to a corporation if the board finds that
any of the officers, directors, incorporators, or the stockholders holding a majority of stock of such corporation has
engaged in unprofessional conduct as defined in RCW
18.43.105 or 18.235.130 or has been found personally
responsible for unprofessional conduct under (f) and (g) of
this subsection.
(e) Engineers or land surveyors organized as a professional service corporation under chapter 18.100 RCW are
exempt from applying for a certificate of authorization under
this chapter.
(f) Any corporation authorized to practice engineering
under this chapter, together with its directors and officers for
their own individual acts, are responsible to the same degree
as an individual registered engineer, and must conduct its
business without unprofessional conduct in the practice of
engineering as defined in this chapter and RCW 18.235.130.
(g) Any corporation that is certified under this chapter is
subject to the authority of the board as provided in RCW
18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter
18.235 RCW.
(2004 Ed.)
Engineers and Land Surveyors
(h) All plans, specifications, designs, and reports when
issued in connection with work performed by a corporation
under its certificate of authorization shall be prepared by or
under the direct supervision of and shall be signed by and
shall be stamped with the official seal of a person holding a
certificate of registration under this chapter.
(i) For each certificate of authorization issued under this
subsection (8) there shall be paid an initial fee determined by
the director as provided in RCW 43.24.086 and an annual
renewal fee determined by the director as provided in RCW
43.24.086.
(9) The practice of engineering and/or land surveying in
this state by a partnership if the partnership employs at least
one person holding a valid certificate of registration under
this chapter to practice engineering or land surveying, or
both. The board shall not issue certificates of authorization to
partnerships after July 1, 1998. Partnerships currently registered with the board are not required to pay an annual renewal
fee after July 1, 1998.
(10) The practice of engineering or land surveying, or
both, in this state by limited liability companies: Provided,
That
(a) The limited liability company has filed with the board
an application for certificate of authorization upon a form to
be prescribed by the board and containing information
required to enable the board to determine whether the limited
liability company is qualified under this chapter to practice
either or both engineering or land surveying in this state.
(b) The limited liability company has filed with the
board a certified copy of a resolution by the company manager or managers that shall designate a person holding a certificate of registration under this chapter as being responsible
for the practice of engineering or land surveying, or both, by
the limited liability company in this state and that the designated person has full authority to make all final engineering
or land surveying decisions on behalf of the limited liability
company with respect to work performed by the limited liability company in this state. The resolution shall further state
that the limited liability company agreement shall be
amended to include the following provision: "The designated
engineer or land surveyor, respectively, named in the resolution as being in responsible charge, or an engineer or land
surveyor under the designated engineer or land surveyor's
direct supervision, shall make all engineering or land surveying decisions pertaining to engineering or land surveying
activities in the state of Washington." However, the filing of
the resolution shall not relieve the limited liability company
of responsibility or liability imposed upon it by law or by
contract.
(c) The designated engineer for the limited liability company must hold a current professional engineer license issued
by this state.
The designated land surveyor for the limited liability
company must hold a current professional land surveyor
license issued by this state.
If a person is licensed as both a professional engineer
and as a professional land surveyor in this state, then the limited liability company may designate the person as being in
responsible charge for both professions.
If there is a change in the designated engineer or designated land surveyor, the limited liability company shall notify
(2004 Ed.)
18.43.130
the board in writing within thirty days after the effective date
of the change. If the limited liability company changes its
name, the company shall submit to the board a copy of the
certificate of amendment filed with the secretary of state's
office.
(d) Upon the filing with the board the application for certificate of authorization, a certified copy of the resolution, an
affidavit from the designated engineer or the designated land
surveyor, or both, specified in (b) and (c) of this subsection, a
copy of the certificate of formation as filed with the secretary
of state, and a copy of the company's current business license,
the board shall issue to the limited liability company a certificate of authorization to practice engineering or land surveying, or both, in this state upon determination by the board
that:
(i) The designated engineer or designated land surveyor,
or both, hold a certificate of registration in this state under
this chapter and the certificate is in force;
(ii) The designated engineer or designated land surveyor,
or both, are not designated in responsible charge for another
limited liability company or a corporation;
(iii) The limited liability company is licensed with the
secretary of state and has a current unified business identification number and that the board determines, based on evaluating the findings and information under this subsection,
that the applicant limited liability company possesses the
ability and competence to furnish either or both engineering
or land surveying services in the public interest.
The board may exercise its discretion to take any of the
actions under RCW 18.235.110 with respect to a certificate
of authorization issued to a limited liability company if the
board finds that any of the managers or members holding a
majority interest in the limited liability company has engaged
in unprofessional conduct as defined in RCW 18.43.105 or
18.235.130 or has been found personally responsible for
unprofessional conduct under the provisions of (f) and (g) of
this subsection.
(e) Engineers or land surveyors organized as a professional limited liability company are exempt from applying
for a certificate of authorization under this chapter.
(f) Any limited liability company authorized to practice
engineering or land surveying, or both, under this chapter,
together with its manager or managers and members for their
own individual acts, are responsible to the same degree as an
individual registered engineer or registered land surveyor,
and must conduct their business without unprofessional conduct in the practice of engineering or land surveying, or both.
(g) A limited liability company that is certified under this
chapter is subject to the authority of the board as provided in
RCW 18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter 18.235 RCW.
(h) All plans, specifications, designs, and reports when
issued in connection with work performed by a limited liability company under its certificate of authorization shall be prepared by or under the direct supervision of and shall be
signed by and shall be stamped with the official seal of a person holding a certificate of registration under this chapter.
(i) For each certificate of authorization issued under this
subsection (10) there shall be paid an initial fee determined
by the director as provided in RCW 43.24.086 and an annual
renewal fee determined by the director as provided in RCW
[Title 18 RCW—page 117]
18.43.150
Title 18 RCW: Businesses and Professions
43.24.086. [2002 c 86 § 227; 1997 c 247 § 4; 1991 c 19 § 6;
1985 c 7 § 46; 1975 1st ex.s. c 30 § 50; 1965 ex.s. c 126 § 2;
1961 c 142 § 5; 1959 c 297 § 7; 1947 c 283 § 16; Rem. Supp.
1947 § 8306-33. Prior: 1935 c 167 § 2; RRS § 8306-2.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1997 c 247 § 4: "Section 4 of this act takes effect July
1, 1998." [1997 c 247 § 5.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.43.150
18.43.150 Disposition of fees. All fees collected under
the provisions of RCW 18.43.050, 18.43.060, 18.43.080,
18.43.100, and 18.43.130 and fines collected under RCW
18.43.110 shall be paid into the professional engineers'
account, which account is hereby established in the state treasury to be used to carry out the purposes and provisions of
RCW 18.43.050, 18.43.060, 18.43.080, 18.43.100,
18.43.110, 18.43.120, 18.43.130, *18.43.140 and all other
duties required for operation and enforcement of this chapter.
[1991 c 277 § 2; 1985 c 57 § 5; 1965 ex.s. c 126 § 3.]
18.43.180 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 228.]
18.43.180
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.43.900 Short title. This chapter shall be known and
may be cited as the "Professional Engineers' Registration
Act". [1947 c 283 § 19.]
18.43.900
*Reviser's note: RCW 18.43.140 was repealed by 2002 c 86 § 401,
effective January 1, 2003.
Effective date—1991 c 277: See note following RCW 18.85.220.
Effective date—1985 c 57: See note following RCW 18.04.105.
18.43.910 Severability—1947 c 283. If any section of
this chapter shall be declared unconstitutional or invalid, such
adjudication shall not invalidate any other provision or provisions thereof. [1947 c 283 § 17.]
18.43.910
18.43.160
18.43.160 Certificate of registration or license suspension—Nonpayment or default on educational loan or
scholarship. The board shall suspend the certificate of registration or license of any person who has been certified by a
lending agency and reported to the board for nonpayment or
default on a federally or state-guaranteed educational loan or
service-conditional scholarship. Prior to the suspension, the
agency must provide the person an opportunity for a brief
adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate of registration or
license shall not be reissued until the person provides the
board a written release issued by the lending agency stating
that the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements for
registration or licensure during the suspension, reinstatement
shall be automatic upon receipt of the notice and payment of
any reinstatement fee the board may impose. [1996 c 293 §
10.]
18.43.920 Severability—1959 c 297. If any section of
this act or part thereof shall be declared unconstitutional or
invalid, such adjudication shall not invalidate any other provision or provisions thereof. [1959 c 297 § 8.]
18.43.920
18.43.930 Severability—1961 c 142. If any section of
this act or part thereof shall be adjudged unconstitutional or
invalid, such adjudication shall not invalidate any other provision or provisions thereof. [1961 c 142 § 6.]
18.43.930
Chapter 18.44 RCW
ESCROW AGENT REGISTRATION ACT
Chapter 18.44
Sections
DEFINITIONS
18.44.011
Definitions.
18.44.021
18.44.031
18.44.041
18.44.051
18.44.061
License required—Exceptions.
License—Application, requisites.
Branch offices—Application to establish—Requirements.
Branch offices—Issuance of license.
Change in business location, office location, business name—
Written notice required.
Escrow officer required for handling transactions—Responsibility of supervising escrow agent.
Escrow officer's license—Application—Form—Timely filing—Proof of moral character, etc.
License—Fees—Renewal.
License—Retention and display by agent—Termination—
Inactive licenses.
Licenses—Form and size—Contents.
Fees.
Certificate of registration suspension—Noncompliance with
support order—Reissuance.
License application—Issuance.
LICENSING
Severability—1996 c 293: See note following RCW 18.04.420.
18.43.170
18.43.170 Registration suspension—Noncompliance
with support order—Reissuance. The board shall immediately suspend the registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation order.
If the person has continued to meet all other requirements for
membership during the suspension, reissuance of the certificate of registration shall be automatic upon the board's
receipt of a release issued by the department of social and
health services stating that the person is in compliance with
the order. [1997 c 58 § 821.]
[Title 18 RCW—page 118]
18.44.071
18.44.081
18.44.091
18.44.101
18.44.111
18.44.121
18.44.127
18.44.131
(2004 Ed.)
Escrow Agent Registration Act
18.44.141
18.44.151
18.44.161
18.44.171
18.44.181
18.44.191
18.44.195
License—Duration—Posting.
License—Expiration and renewal—Fee.
License—Reinstatement.
Engaging in business without license—Penalty.
Proof of licensure prerequisite to action for fee.
Director—Educational conferences—Examinations.
Examination—Content.
18.44.201
18.44.241
18.44.251
18.44.261
18.44.270
18.44.271
18.44.281
18.44.291
Financial responsibility—Fidelity bond—Errors and omissions policy—Surety bond.
Cancellation of fidelity bond or surety bond, or both—New
bond required.
Waiver of bond or policy where not reasonably available—
Determination procedure—Waiver period.
Corporation for insuring where bond or policy not reasonably
available.
Waiver of errors and omissions policy requirement—Criteria.
Waiver—Affidavit.
Waiver—Determination.
Application of Administrative Procedure Act.
Waiver—Certificate of waiver.
Waiver—Denial.
Waiver—Application by escrow license applicant.
18.44.301
Prohibited practices.
18.44.400
Records and accounts—Segregation and disbursements of
funds—Violation of section, penalties.
Powers of director.
Investigation of violations—Procedure—Powers of director.
Actions against license—Grounds.
Violations—Cease and desist orders.
Referral fees prohibited—Consumer protection act—Application.
License suspension—Nonpayment or default on educational
loan or scholarship.
Termination of license—Effect upon preexisting escrows—
Notice to principals.
Receivership.
Remedies—Affecting corporate franchise.
Authority to prosecute—Grants of injunctive relief, temporary
restraining orders.
BONDING
18.44.211
18.44.221
18.44.231
PROHIBITED PRACTICES
ENFORCEMENT
18.44.410
18.44.420
18.44.430
18.44.440
18.44.450
18.44.460
18.44.465
18.44.470
18.44.480
18.44.490
ESCROW COMMISSION
18.44.500
18.44.510
Escrow commission—Members—Terms—Compensation and
travel expenses.
Compensation and travel expenses of commission members.
18.44.901
18.44.902
18.44.903
18.44.904
18.44.905
Construction—1965 c 153.
Short title.
Severability—1971 ex.s. c 245.
Severability—1977 ex.s. c 156.
Severability—1979 c 70.
MISCELLANEOUS
DEFINITIONS
18.44.011
18.44.011 Definitions. Unless a different meaning is
apparent from the context, terms used in this chapter shall
have the following meanings:
(1) "Department" means the department of financial
institutions.
(2) "Director" means the director of financial institutions, or his or her duly authorized representative.
(3) "Director of licensing" means the director of the
department of licensing, or his or her duly authorized representative.
(4) "Escrow" means any transaction, except the acts of a
qualified intermediary in facilitating an exchange under section 1031 of the internal revenue code, wherein any person or
persons, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, or lease of real or
(2004 Ed.)
18.44.021
personal property to another person or persons, delivers any
written instrument, money, evidence of title to real or personal property, or other thing of value to a third person to be
held by such third person until the happening of a specified
event or the performance of a prescribed condition or conditions, when it is then to be delivered by such third person, in
compliance with instructions under which he or she is to act,
to a grantee, grantor, promisee, promisor, obligee, obligor,
lessee, lessor, bailee, bailor, or any agent or employee
thereof.
(5) "Split escrow" means a transaction in which two or
more escrow agents act to effect and close an escrow transaction.
(6) "Escrow agent" means any person engaged in the
business of performing for compensation the duties of the
third person referred to in subsection (4) of this section.
(7) "Licensed escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a
license as an escrow agent under the provisions of this chapter.
(8) "Person" means a natural person, firm, association,
partnership, corporation, limited liability company, or the
plural thereof, whether resident, nonresident, citizen, or not.
(9) "Licensed escrow officer" means any natural person
handling escrow transactions and licensed as such by the
director.
(10) "Designated escrow officer" means any licensed
escrow officer designated by a licensed escrow agent and
approved by the director as the licensed escrow officer
responsible for supervising that agent's handling of escrow
transactions, management of the agent's trust account, and
supervision of all other licensed escrow officers employed by
the agent.
(11) "Escrow commission" means the escrow commission of the state of Washington created by RCW 18.44.500.
(12) "Controlling person" is any person who owns or
controls ten percent or more of the beneficial ownership of
any escrow agent, regardless of the form of business organization employed and regardless of whether such interest
stands in such person's true name or in the name of a nominee. [1999 c 30 § 1; 1995 c 238 § 1; 1985 c 7 § 47; 1979 c
158 § 42; 1977 ex.s. c 156 § 1; 1971 ex.s. c 245 § 1; 1965 c
153 § 1. Formerly RCW 18.44.010.]
Effective date—1995 c 238: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 238 § 10.]
LICENSING
18.44.021
18.44.021 License required—Exceptions. It shall be
unlawful for any person to engage in business as an escrow
agent by performing escrows or any of the functions of an
escrow agent as described in RCW 18.44.011(4) within this
state or with respect to transactions that involve personal
property or real property located in this state unless such person possesses a valid license issued by the director pursuant
to this chapter. The licensing requirements of this chapter
shall not apply to:
(1) Any person doing business under the law of this state
or the United States relating to banks, trust companies,
[Title 18 RCW—page 119]
18.44.031
Title 18 RCW: Businesses and Professions
mutual savings banks, savings and loan associations, credit
unions, insurance companies, or any federally approved
agency or lending institution under the national housing act
(12 U.S.C. Sec. 1703).
(2) Any person licensed to practice law in this state while
engaged in the performance of his or her professional duties.
(3) Any real estate company, broker, or agent subject to
the jurisdiction of the director of licensing while performing
acts in the course of or incidental to sales or purchases of real
or personal property handled or negotiated by such real estate
company, broker, or agent: PROVIDED, That no compensation is received for escrow services.
(4) Any transaction in which money or other property is
paid to, deposited with, or transferred to a joint control agent
for disbursal or use in payment of the cost of labor, material,
services, permits, fees, or other items of expense incurred in
the construction of improvements upon real property.
(5) Any receiver, trustee in bankruptcy, executor, administrator, guardian, or other person acting under the supervision or order of any superior court of this state or of any federal court.
(6) Title insurance companies having a valid certificate
of authority issued by the insurance commissioner of this
state and title insurance agents having a valid license as a title
insurance agent issued by the insurance commissioner of this
state. [1999 c 30 § 2; 1977 ex.s. c 156 § 2; 1971 ex.s. c 245 §
2; 1967 ex.s. c 76 § 1; 1965 c 153 § 2. Formerly RCW
18.44.020.]
18.44.031
18.44.031 License—Application, requisites. An
application for an escrow agent license shall be in writing in
such form as is prescribed by the director, and shall be verified on oath by the applicant. An application for an escrow
agent license shall include fingerprints for all officers, directors, owners, partners, and controlling persons, and, unless
waived by the director, the following:
(1) The applicant's form of business organization and
place of organization;
(2) If the applicant is a corporation or limited liability
company, the address of its physical location, a list of officers, controlling persons, and directors of such corporation or
company and their residential addresses, telephone numbers,
and other identifying information as the director may determine by rule. If the applicant is a sole proprietorship or partnership, the address of its business location, a list of owners,
partners, or controlling persons and their residential
addresses, telephone numbers, and other identifying information as the director may determine by rule. Any information
in the application regarding the personal residential address
or telephone number of any officer, director, partner, owner,
controlling person, or employee is exempt from the public
records disclosure requirements of chapter 42.17 RCW;
(3) In the event the applicant is doing business under an
assumed name, a copy of the master business license with the
registered trade name shown;
(4) The qualifications and business history of the applicant and all of its officers, directors, owners, partners, and
controlling persons;
(5) A personal credit report from a recognized credit
reporting bureau satisfactory to the director on all officers,
[Title 18 RCW—page 120]
directors, owners, partners, and controlling persons of the
applicant;
(6) Whether any of the officers, directors, owners, partners, or controlling persons have been convicted of any crime
within the preceding ten years which relates directly to the
business or duties of escrow agents, or have suffered a judgment within the preceding five years in any civil action
involving fraud, misrepresentation, any unfair or deceptive
act or practice, or conversion;
(7) The identity of the licensed escrow officer designated
by the escrow agent as the designated escrow officer responsible for supervising the agent's escrow activity;
(8) Evidence of compliance with the bonding and insurance requirements of RCW 18.44.201; and
(9) Any other information the director may require by
rule. The director may share any information contained
within a license application, including fingerprints, with the
federal bureau of investigation and other regulatory or law
enforcement agencies. [1999 c 30 § 3; 1977 ex.s. c 156 § 3;
1965 c 153 § 3. Formerly RCW 18.44.030.]
18.44.041
18.44.041 Branch offices—Application to establish—
Requirements. (1) A licensed escrow agent shall not operate
an escrow business in a location other than the location set
forth on the agent's license or branch office license issued by
the director. The licensed escrow agent may apply to the
director for authority to establish one or more branch offices
under the same name as the main office.
(2) Each branch office operated by a licensed escrow
agent shall be supervised by a licensed escrow officer designated by the licensed escrow agent as the designated branch
escrow officer for that branch.
(3) Any person desiring to operate a branch escrow
office shall make application on a form provided by the director and pay a fee as set forth in rule by the director. Such
application shall identify the licensed escrow officer designated as the designated branch escrow officer to supervise the
agent's escrow activity at the branch office.
(4) No escrow agent branch office license shall be issued
until the applicant has satisfied the director that the escrow
activity of the branch meets all financial responsibility
requirements governing the conduct of escrow activity.
[1999 c 30 § 28; 1977 ex.s. c 156 § 26. Formerly RCW
18.44.330.]
18.44.051
18.44.051 Branch offices—Issuance of license. Upon
the filing of the application for an escrow agent branch office
and satisfying the requirements of this chapter, the director
shall issue and deliver to the applicant a license to engage in
the business of an escrow agent at the branch location set
forth on the license. [1999 c 30 § 29; 1977 ex.s. c 156 § 27.
Formerly RCW 18.44.340.]
18.44.061
18.44.061 Change in business location, office location, business name—Written notice required. A licensed
escrow agent shall provide notice in writing to the director
and to the insurer providing coverage under RCW 18.44.201
of any change of business location, branch office location, or
business name. Such notice shall be given in a form prescribed by the director and shall be delivered at least ten busi(2004 Ed.)
Escrow Agent Registration Act
ness days prior to the change in business location or name.
Upon the surrender of the original license for the agent or the
applicable branch office and a payment of a fee, the director
shall issue a new license for the new location. [1999 c 30 § 7;
1977 ex.s. c 156 § 19. Formerly RCW 18.44.067.]
18.44.071
18.44.071 Escrow officer required for handling
transactions—Responsibility of supervising escrow agent.
Every licensed escrow agent shall ensure that all escrow
transactions are supervised by a licensed escrow officer. In
the case of a partnership, the designated escrow officer shall
be a partner in the partnership and shall act on behalf of the
partnership. In the case of a corporation, the designated
escrow officer shall be an officer of the corporation and shall
act on behalf of the corporation. The designated escrow
officer shall be responsible for that agent's handling of
escrow transactions, management of the agent's trust account,
and supervision of all other licensed escrow officers
employed by the agent. Responsibility for the conduct of any
licensed escrow officer covered by this chapter shall rest with
the designated escrow officer or designated branch escrow
officer having direct supervision of such person's escrow
activities. The branch designated escrow officer shall bear
responsibility for supervision of all other licensed escrow
officers or other persons performing escrow transactions at a
branch escrow office. [1999 c 30 § 21; 1977 ex.s. c 156 § 11;
1971 ex.s. c 245 § 7. Formerly RCW 18.44.200.]
18.44.081
18.44.081 Escrow officer's license—Application—
Form—Timely filing—Proof of moral character, etc. Any
person desiring to be a licensed escrow officer shall meet the
requirements of RCW 18.44.195 as provided in this chapter.
The applicant shall make application endorsed by a licensed
escrow agent to the director on a form to be prescribed and
furnished by the director. Such application must be received
by the director within one year of passing the escrow officer
examination. With this application the applicant shall:
(1) Pay a license fee as set forth by rule; and
(2) Furnish such proof as the director may require concerning his or her honesty, truthfulness, good reputation, and
identity, including but not limited to fingerprints, residential
address and telephone number, qualifications and employment history, a personal credit report, and any other information required under RCW 18.44.031. [1999 c 30 § 24; 1995 c
238 § 4; 1977 ex.s. c 156 § 22. Formerly RCW 18.44.290.]
Effective date—1995 c 238: See note following RCW 18.44.011.
18.44.091
18.44.091 License—Fees—Renewal. Every escrow
officer license issued under the provisions of this chapter
expires on the date one year from the date of issue which date
will henceforth be the renewal date. An annual license
renewal fee in the same amount must be paid on or before
each renewal date: PROVIDED, That licenses issued or
renewed prior to September 21, 1977, shall use the existing
renewal date as the date of issue. If the application for a
license renewal is not received by the director on or before
the renewal date such license is expired. The license may be
reinstated at any time prior to the next succeeding renewal
date following its expiration upon the payment to the director
of the annual renewal fee then in default. Acceptance by the
(2004 Ed.)
18.44.121
director of an application for renewal after the renewal date
shall not be a waiver of the delinquency. Licenses not
renewed within one year of the renewal date then in default
shall be canceled. A new license may be obtained by satisfying the procedures and qualifications for initial licensing,
including where applicable successful completion of examinations. [1999 c 30 § 25; 1985 c 340 § 5; 1977 ex.s. c 156 §
23. Formerly RCW 18.44.300.]
18.44.101
18.44.101 License—Retention and display by
agent—Termination—Inactive licenses. The license of a
licensed escrow officer shall be retained and displayed at all
times by the licensed escrow agent. When the officer ceases
for any reason to represent the agent, the license shall cease
to be in force. Within three business days of termination of
the licensed escrow officer's employment, the licensed
escrow agent shall notify the director that the terminated
escrow officer no longer represents the escrow agent. Within
ten business days of termination of the licensed escrow
officer's employment, the licensed escrow agent shall deliver
the surrendered escrow officer license to the director. Failure
to notify the director within three business days or deliver the
surrendered license to the director within ten business days
shall, at the discretion of the director, subject the escrow
agent to penalties under RCW 18.44.430.
The director may hold the licensed escrow officer's
license inactive upon notification of termination by the
escrow agent or designated escrow officer. The licensed
escrow officer shall pay the renewal fee annually to maintain
an inactive license. An inactive license may be activated
upon application of a licensed escrow agent on a form provided by the director and the payment of a fee. If the licensed
escrow officer continues to meet the requirements of licensing in RCW 18.44.081, the director shall thereupon issue a
new license for the unexpired term of the licensed escrow
officer. An escrow officer's first license shall not be issued
inactive. [1999 c 30 § 26; 1989 c 51 § 1; 1985 c 340 § 6; 1977
ex.s. c 156 § 24. Formerly RCW 18.44.310.]
18.44.111
18.44.111 Licenses—Form and size—Contents. Each
escrow agent license, each escrow agent branch office
license, and each escrow officer license shall be issued in the
form and size prescribed by the director and shall state in
addition to any other matter required by the director:
(1) The name of the licensee;
(2) The name under which the applicant will do business;
(3) The address at which the applicant will do business;
(4) The expiration date of the license; and
(5) In the case of a corporation, partnership, or branch
office, the name of the designated escrow officer or designated branch escrow officer. [1999 c 30 § 30; 1977 ex.s. c
156 § 28. Formerly RCW 18.44.350.]
18.44.121
18.44.121 Fees. The director shall charge and collect
the following fees as established by rule by the director:
(1) A fee for filing an original or a renewal application
for an escrow agent license, a fee for each application for an
additional licensed location, a fee for an application for a
change of address for an escrow agent, annual fees for the
first office or location and for each additional office or loca[Title 18 RCW—page 121]
18.44.127
Title 18 RCW: Businesses and Professions
tion, and under RCW 43.135.055 the director shall set the
annual fee for an escrow agent license up to five hundred
sixty-five dollars in fiscal year 2000.
(2) A fee for filing an original or a renewal application
for an escrow officer license, a fee for an application for a
change of address for each escrow officer license being so
changed, a fee to activate an inactive escrow officer license
or transfer an escrow officer license, and under RCW
43.135.055 the director shall set the annual fee for an escrow
officer license up to two hundred thirty-five dollars in fiscal
year 2000.
(3) A fee for filing an application for a duplicate of an
escrow agent license or of an escrow officer license lost, stolen, destroyed, or for replacement.
(4) A fee for providing license examinations.
(5) An hourly audit fee. In setting this fee, the director
shall ensure that every examination and audit, or any part of
the examination or audit, of any person licensed or subject to
licensing in this state requiring travel and services outside
this state by the director or by employees designated by the
director, shall be at the expense of the person examined or
audited at the hourly rate established by the director, plus the
per diem compensation and actual travel expenses incurred
by the director or his or her employees conducting the examination or audit. When making any examination or audit
under this chapter, the director may retain attorneys, appraisers, independent certified public accountants, or other professionals and specialists as examiners or auditors, the cost of
which shall be borne by the person who is the subject of the
examination or audit.
In establishing these fees, the director shall set the fees at
a sufficient level to defray the costs of administering this
chapter.
All fees received by the director under this chapter shall
be paid into the state treasury to the credit of the financial services regulation fund. [2001 c 177 § 3; 1999 c 30 § 10; 1995
c 238 § 2; 1985 c 340 § 1; 1977 ex.s. c 156 § 7; 1971 ex.s. c
245 § 5; 1965 c 153 § 8. Formerly RCW 18.44.080.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1995 c 238: See note following RCW 18.44.011.
18.44.127
18.44.127 Certificate of registration suspension—
Noncompliance with support order—Reissuance. The
department shall immediately suspend the certificate of registration of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for certification during the suspension, reissuance of the certificate shall be automatic upon
the department's receipt of a release issued by the department
of social and health services stating that the person is in compliance with the order. [1997 c 58 § 822.]
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.44.131
18.44.131 License application—Issuance. Upon the
filing of the application for an escrow agent license on a form
provided by the director and satisfying the requirements as
set forth in this chapter, the director shall issue and deliver to
the applicant a license to engage in the business of an escrow
agent at the location set forth in the license. [1999 c 30 § 11;
1977 ex.s. c 156 § 8; 1965 c 153 § 9. Formerly RCW
18.44.090.]
18.44.141
18.44.141 License—Duration—Posting. An escrow
agent's license shall remain in effect until surrendered,
revoked, suspended, or until it expires, and shall at all times
be kept conspicuously posted in all places of business of the
agent. [1999 c 30 § 12; 1965 c 153 § 10. Formerly RCW
18.44.100.]
18.44.151
18.44.151 License—Expiration and renewal—Fee.
Each escrow agent's license shall expire at noon on the thirtyfirst day of December of any calendar year. The license may
be renewed by filing an application and paying the annual
license fee for the next succeeding calendar year. [1999 c 30
§ 13; 1985 c 340 § 2; 1965 c 153 § 11. Formerly RCW
18.44.110.]
18.44.161
18.44.161 License—Reinstatement. An escrow
agent's license which has not been renewed may be reinstated
at any time prior to the thirtieth day of January following its
expiration, upon the payment to the director of the annual
license fees then in default and a penalty equal to one-half of
the annual license fees then in default. [1999 c 30 § 14; 1965
c 153 § 12. Formerly RCW 18.44.120.]
18.44.171
18.44.171 Engaging in business without license—
Penalty. Any person required by this chapter to obtain a
license who engages in business as an escrow agent without
applying for and receiving the license required by this chapter, or willfully continues to act as an escrow agent or
licensed escrow officer after surrender, expiration, suspension, or revocation of his or her license, is guilty of a misdemeanor punishable by imprisonment for not more than ninety
days, or by a fine of not more than one hundred dollars per
day for each day's violation, or by both such fine and imprisonment. [1999 c 30 § 17; 1965 c 153 § 14. Formerly RCW
18.44.140.]
Date for initial compliance: "All persons doing business within this
state as an escrow agent as defined in this act, who may be required by this
act to register with the department, shall comply with the provisions hereof
not later than December 31, 1965." [1965 c 153 § 15.]
18.44.181
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
[Title 18 RCW—page 122]
18.44.181 Proof of licensure prerequisite to action for
fee. No person engaged in the business or acting in the
capacity of an escrow agent may bring or maintain any action
in any court of this state for the collection or compensation
for the performances of any services entered upon after
December 31, 1965, for which licensing is required under
this chapter without alleging and proving that he or she was a
(2004 Ed.)
Escrow Agent Registration Act
duly licensed escrow agent at the time of commencement of
such services. [1999 c 30 § 20; 1965 c 153 § 19. Formerly
RCW 18.44.180.]
18.44.191
18.44.191 Director—Educational conferences—
Examinations. The director shall have the authority to hold
educational conferences for the benefit of the industry and
shall conduct examinations for licenses as an escrow officer.
[1977 ex.s. c 156 § 15; 1971 ex.s. c 245 § 12. Formerly RCW
18.44.250.]
18.44.195
18.44.195 Examination—Content. (1) Any person
desiring to become a licensed escrow officer must successfully pass an examination.
(2) The escrow officer examination shall encompass the
following:
(a) Appropriate knowledge of the English language,
including reading, writing, and arithmetic;
(b) An understanding of the principles of real estate conveyancing and the general purposes and legal effects of
deeds, mortgages, deeds of trust, contracts of sale, exchanges,
rental and optional agreements, leases, earnest money agreements, personal property transfers, and encumbrances;
(c) An understanding of the obligations between principal and agent;
(d) An understanding of the meaning and nature of
encumbrances upon real property;
(e) An understanding of the principles and practice of
trust accounting; and
(f) An understanding of the escrow agent registration act
and other applicable law such as the real estate settlement
procedures act, 12 U.S.C. Sec. 2601, and regulation X, 24
C.F.R. Sec. 3500.
(3) The examination shall be in such form as prescribed
by the director with the advice of the escrow commission,
and shall be given at least annually. [1999 c 30 § 4.]
BONDING
18.44.201
18.44.201 Financial responsibility—Fidelity bond—
Errors and omissions policy—Surety bond. (1) At the
time of filing an application for an escrow agent license, or
any renewal or reinstatement of an escrow agent license, the
applicant shall provide satisfactory evidence to the director of
having obtained the following as evidence of financial
responsibility:
(a) A fidelity bond providing coverage in the aggregate
amount of two hundred thousand dollars with a deductible no
greater than ten thousand dollars covering each corporate
officer, partner, escrow officer, and employee of the applicant engaged in escrow transactions;
(b) An errors and omissions policy issued to the escrow
agent providing coverage in the minimum aggregate amount
of fifty thousand dollars or, alternatively, cash or securities in
the principal amount of fifty thousand dollars deposited in an
approved depository on condition that they be available for
payment of any claim payable under an equivalent errors and
omissions policy in that amount and pursuant to rules and
regulations adopted by the department for that purpose; and
(2004 Ed.)
18.44.201
(c) A surety bond in the amount of ten thousand dollars
executed by the applicant as obligor and by a surety company
authorized to do a surety business in this state as surety,
unless the fidelity bond obtained by the licensee to satisfy the
requirement in (a) of this subsection does not have a deductible. The bond shall run to the state of Washington as obligee,
and shall run to the benefit of the state and any person or persons who suffer loss by reason of the applicant's or its
employee's violation of this chapter. The bond shall be conditioned that the obligor as licensee will faithfully conform to
and abide by this chapter and all rules adopted under this
chapter, and shall reimburse all persons who suffer loss by
reason of a violation of this chapter or rules adopted under
this chapter. The bond shall be continuous and may be canceled by the surety upon the surety giving written notice to
the director of its intent to cancel the bond. The cancellation
shall be effective thirty days after the notice is received by the
director. Whether or not the bond is renewed, continued, reinstated, reissued, or otherwise extended, replaced, or modified, including increases or decreases in the penal sum, it
shall be considered one continuous obligation, and the surety
upon the bond shall not be liable in an aggregate amount
exceeding the penal sum set forth on the face of the bond. In
no event shall the penal sum, or any portion thereof, at two or
more points in time be added together in determining the
surety's liability. The bond shall not be liable for any penalties imposed on the licensee, including but not limited to, any
increased damages or attorneys' fees, or both, awarded under
RCW 19.86.090.
(2) For the purposes of this section, a "fidelity bond"
shall mean a primary commercial blanket bond or its equivalent satisfactory to the director and written by an insurer
authorized to transact this line of business in the state of
Washington. Such bond shall provide fidelity coverage for
any fraudulent or dishonest acts committed by any one or
more of the employees or officers as defined in the bond, acting alone or in collusion with others. This bond shall be for
the sole benefit of the escrow agent and under no circumstances whatsoever shall the bonding company be liable
under the bond to any other party. The bond shall name the
escrow agent as obligee and shall protect the obligee against
the loss of money or other real or personal property belonging
to the obligee, or in which the obligee has a pecuniary interest, or for which the obligee is legally liable or held by the
obligee in any capacity, whether the obligee is legally liable
therefor or not. The bond may be canceled by the insurer
upon delivery of thirty days' written notice to the director and
to the escrow agent.
(3) For the purposes of this section, an "errors and omissions policy" shall mean a group or individual insurance policy satisfactory to the director and issued by an insurer authorized to transact insurance business in the state of Washington. Such policy shall provide coverage for unintentional
errors and omissions of the escrow agent and its employees,
and may be canceled by the insurer upon delivery of thirty
days' written notice to the director and to the escrow agent.
(4) Except as provided in RCW 18.44.221, the fidelity
bond, surety bond, and the errors and omissions policy
required by this section shall be kept in full force and effect
as a condition precedent to the escrow agent's authority to
transact escrow business in this state, and the escrow agent
[Title 18 RCW—page 123]
18.44.211
Title 18 RCW: Businesses and Professions
shall supply the director with satisfactory evidence thereof
upon request. [1999 c 30 § 5; 1979 c 70 § 1; 1977 ex.s. c 156
§ 5; 1971 ex.s. c 245 § 4; 1965 c 153 § 5. Formerly RCW
18.44.050.]
18.44.211
18.44.211 Cancellation of fidelity bond or surety
bond, or both—New bond required. In the event of cancellation of either the fidelity bond, the surety bond, or both, the
director shall require the filing of a new bond or bonds. Failure to provide the director with satisfactory evidence of a new
bond after receipt by the director of notification that one is
required or by the effective date of the cancellation notice,
whichever is later, shall be sufficient grounds for the suspension or revocation of the escrow agent's license. [1999 c 30 §
6; 1965 c 153 § 6. Formerly RCW 18.44.060.]
18.44.221
18.44.221 Waiver of bond or policy where not reasonably available—Determination procedure—Waiver
period. The director shall, within thirty days after the written
request of the escrow commission, hold a public hearing to
determine whether the fidelity bond, surety bond, and/or the
errors and omissions policy specified in RCW 18.44.201 is
reasonably available to a substantial number of licensed
escrow agents. If the director determines and the insurance
commissioner concurs that such bond or bonds and/or policy
is not reasonably available, the director shall waive the
requirements for such bond or bonds and/or policy for a fixed
period of time. [1999 c 30 § 31; 1988 c 178 § 2; 1977 ex.s. c
156 § 30. Formerly RCW 18.44.360.]
Severability—1988 c 178: See note following RCW 18.44.400.
18.44.231
18.44.231 Corporation for insuring where bond or
policy not reasonably available. After a written determination by the director, with the consent of the insurance commissioner, that the fidelity bond, the surety bond, and/or the
errors and omissions policy required under RCW 18.44.201
is cost-prohibitive, or after a determination as provided in
RCW 18.44.221 that such bond or policy is not reasonably
available, an association comprised of licensed escrow
agents, with the consent of the insurance commissioner, may
organize a corporation pursuant to chapter 24.06 RCW,
exempt from the provisions of Title 48 RCW, for the purpose
of insuring or self-insuring against claims arising out of
escrow transactions. The insurance commissioner may limit
the authority of the corporation to the insuring or self-insuring of claims which would be within the coverage specified
in RCW 18.44.201. The insurance commissioner may revoke
the authority of the corporation to transact insurance or selfinsurance if he or she determines, pursuant to chapter 34.05
RCW, that the corporation is not acting in a financially
responsible manner or for the benefit of the public. [1999 c
30 § 32; 1987 c 471 § 4; 1977 ex.s. c 156 § 31. Formerly
RCW 18.44.370.]
Severability—1987 c 471: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 471 § 11.]
Effective date—1987 c 471: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 471 § 13.]
[Title 18 RCW—page 124]
18.44.241
18.44.241 Waiver of errors and omissions policy
requirement—Criteria. The following criteria will be considered by the director when deciding whether to grant a
licensed escrow agent a waiver from the errors and omissions
policy requirement under RCW 18.44.201:
(1) Whether the director has determined pursuant to
RCW 18.44.221 that an errors and omissions policy is not
reasonably available to a substantial number of licensed
escrow agents;
(2) Whether purchasing an errors and omissions policy
would be cost-prohibitive for the licensed escrow agent
requesting the exemption;
(3) Whether a licensed escrow agent has wilfully violated the provisions of chapter 18.44 RCW, which violation
thereby resulted in the termination of the agent's certificate,
or engaged in any other conduct resulting in the termination
of the escrow certificate;
(4) Whether a licensed escrow agent has paid claims
directly or through an errors and omissions carrier, exclusive
of costs and attorney fees, in excess of ten thousand dollars in
the calendar year preceding the year for which the waiver is
requested;
(5) Whether a licensed escrow agent has paid claims
directly or through an errors or omissions insurance carrier,
exclusive of costs and attorney fees, totaling in excess of
twenty thousand dollars in the three calendar years preceding
the calendar year for which the exemption is requested; and
(6) Whether the licensed escrow agent has been convicted of a crime involving honesty or moral turpitude.
These criteria are not intended to be a wholly inclusive
list of factors to be applied by the director when considering
the merits of a licensed escrow agent's request for a waiver of
the required errors and omissions policy. [2000 c 171 § 12;
1987 c 471 § 5. Formerly RCW 18.44.375.]
Effective date—Severability—1987 c 471: See notes following RCW
18.44.231.
18.44.251
18.44.251 Waiver—Affidavit. A request for a waiver
of the required errors and omissions policy may be accomplished under the statute by submitting to the director an affidavit that substantially addresses the following:
REQUEST FOR WAIVER OF
ERRORS AND OMISSIONS POLICY
I, . . . . . ., residing at . . . . . ., City of . . . . . ., County
of . . . . . ., State of Washington, declare the following:
(1) The state escrow commission has determined that
an errors and omissions policy is not reasonably available
to a substantial number of licensed escrow officers; and
(2) Purchasing an errors and omissions policy is costprohibitive at this time; and
(3) I have not engaged in any conduct that resulted in
the termination of my escrow certificate; and
(4) I have not paid, directly or through an errors and
omissions policy, claims in excess of ten thousand dollars,
exclusive of costs and attorneys' fees, during the calendar
year preceding submission of this affidavit; and
(2004 Ed.)
Escrow Agent Registration Act
(5) I have not paid, directly or through an errors and
omissions policy, claims, exclusive of costs and attorneys'
fees, totaling in excess of twenty thousand dollars in the
three calendar years immediately preceding submission of
this affidavit; and
(6) I have not been convicted of a crime involving honesty or moral turpitude during the calendar year preceding
submission of this application.
THEREFORE, in consideration of the above, I,
. . . . . ., respectfully request that the director of financial
institutions grant this request for a waiver of the requirement that I purchase and maintain an errors and omissions
policy covering my activities as an escrow agent licensed
by the state of Washington for the period from . . . . . .,
19 . . ., to . . . . . ., 19 . . .
Submitted this day of . . . . day of . . . . . ., 19 . . .
..........................
(signature)
State of Washington,
County of . . . . . . . .





ss.
I certify that I know or have satisfactory evidence that
. . . . . . . . ., signed this instrument and acknowledged it to
be . . . . . . . . . free and voluntary act for the uses and purposes mentioned in the instrument.
(Seal or stamp)
Dated . . . . . . . . . . . . . . . . . . . . .
Signature of
Notary Public . . . . . . . . . . . . . .
Title . . . . . . . . . . . . . . . . . .
My appointment expires . . . . . .
[1995 c 238 § 5; 1987 c 471 § 10. Formerly RCW 18.44.380.]
Effective date—1995 c 238: See note following RCW 18.44.011.
Effective date—Severability—1987 c 471: See notes following RCW
18.44.231.
18.44.261 Waiver—Determination. The director
shall, within thirty days following submission of a written
petition for waiver of the insurance requirements found in
RCW 18.44.201, issue a written determination granting or
rejecting an applicant's request for waiver. [2000 c 171 § 13;
1987 c 471 § 6. Formerly RCW 18.44.385.]
18.44.261
Effective date—Severability—1987 c 471: See notes following RCW
18.44.231.
18.44.270 Application of Administrative Procedure
Act. The proceedings for revocation, suspension, or refusal
to renew or accept an application for renewal of an escrow
agent's registration or escrow officer license, and any appeal
therefrom or review thereof shall be governed by the provisions of chapter 34.05 RCW. [1977 ex.s. c 156 § 17; 1971
ex.s. c 245 § 14.]
18.44.270
18.44.271 Waiver—Certificate of waiver. Upon
granting a waiver of insurance requirements found in RCW
18.44.201, the director shall issue a certificate of waiver,
which certificate shall be mailed to the escrow agent who
requested the waiver. [2000 c 171 § 14; 1987 c 471 § 7. Formerly RCW 18.44.390.]
18.44.271
(2004 Ed.)
18.44.301
Effective date—Severability—1987 c 471: See notes following RCW
18.44.231.
18.44.281
18.44.281 Waiver—Denial. Upon determining that a
licensed escrow agent is to be denied a waiver of the errors
and omissions policy requirements of RCW 18.44.201, the
director shall within thirty days of the denial of an escrow
agent's request for same, provide to the escrow agent a written explanation of the reasons for the director's decision to
deny the requested waiver. [2000 c 171 § 15; 1987 c 471 § 8.
Formerly RCW 18.44.395.]
Effective date—Severability—1987 c 471: See notes following RCW
18.44.231.
18.44.291
18.44.291 Waiver—Application by escrow license
applicant. Nothing in RCW 18.44.201, 18.44.241 through
18.44.261, 18.44.271, and 18.44.281 shall be construed as
prohibiting a person applying for an escrow license from
applying for a certificate of waiver of the errors and omissions policy requirement when seeking an escrow license.
[2000 c 171 § 16; 1987 c 471 § 9. Formerly RCW 18.44.398.]
Effective date—Severability—1987 c 471: See notes following RCW
18.44.231.
PROHIBITED PRACTICES
18.44.301
18.44.301 Prohibited practices. It is a violation of this
chapter for any escrow agent, controlling person, officer, designated escrow officer, independent contractor, employee of
an escrow business, or other person subject to this chapter to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead borrowers or lenders or to
defraud any person;
(2) Directly or indirectly engage in any unfair or deceptive practice toward any person;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Knowingly make, publish, or disseminate any false,
deceptive, or misleading information in the conduct of the
business of escrow, or relative to the business of escrow or
relative to any person engaged therein;
(5) Knowingly receive or take possession for personal
use of any property of any escrow business, other than in payment authorized by this chapter, and with intent to defraud,
omit to make, or cause or direct to be made, a full and true
entry thereof in the books and accounts of the business;
(6) Make or concur in making any false entry, or omit or
concur in omitting to make any material entry, in its books or
accounts;
(7) Knowingly make or publish, or concur in making or
publishing any written report, exhibit, or statement of its
affairs or pecuniary condition containing any material statement which is false, or omit or concur in omitting any statement required by law to be contained therein;
(8) Willfully fail to make any proper entry in the books
of the escrow business as required by law;
(9) Fail to disclose in a timely manner to the other officers, directors, controlling persons, designated escrow officer,
or other licensed escrow officers the receipt of service of a
notice of an application for an injunction or other legal process affecting the property or business of an escrow agent,
[Title 18 RCW—page 125]
18.44.400
Title 18 RCW: Businesses and Professions
including in the case of a licensed escrow agent an order to
cease and desist or other order of the director; or
(10) Fail to make any report or statement lawfully
required by the director or other public official. [1999 c 30 §
9.]
ENFORCEMENT
18.44.400
18.44.400 Records and accounts—Segregation and
disbursements of funds—Violation of section, penalties.
(1) Every licensed escrow agent shall keep adequate records,
as determined by rule by the director, of all transactions handled by or through the agent including itemization of all
receipts and disbursements of each transaction. These records
shall be maintained in this state, unless otherwise approved
by the director, for a period of six years from completion of
the transaction. These records shall be open to inspection by
the director or the director's authorized representatives.
(2) Every licensed escrow agent shall keep separate
escrow fund accounts as determined by rule by the director in
recognized Washington state depositaries authorized to
receive funds, in which shall be kept separate and apart and
segregated from the agent's own funds, all funds or moneys
of clients which are being held by the agent pending the closing of a transaction and such funds shall be deposited not
later than the first banking day following receipt thereof.
(3) An escrow agent, unless exempted by RCW
18.44.021(2), shall not make disbursements on any escrow
account without first receiving deposits directly relating to
the account in amounts at least equal to the disbursements.
An escrow agent shall not make disbursements until the next
business day after the business day on which the funds are
deposited unless the deposit is made in cash, by interbank
electronic transfer, or in a form that permits conversion of the
deposit to cash on the same day the deposit is made. The
deposits shall be in one of the following forms:
(a) Cash;
(b) Interbank electronic transfers such that the funds are
unconditionally received by the escrow agent or the agent's
depository;
(c) Checks, negotiable orders of withdrawal, money
orders, cashier's checks, and certified checks that are payable
in Washington state and drawn on financial institutions
located in Washington state;
(d) Checks, negotiable orders of withdrawal, money
orders, and any other item that has been finally paid as
described in RCW 62A.4-213 before any disbursement; or
(e) Any depository check, including any cashier's check,
certified check, or teller's check, which is governed by the
provisions of the federal expedited funds availability act, 12
U.S.C. Sec. 4001 et seq.
(4) For purposes of this section, the word "item" means
any instrument for the payment of money even though it is
not negotiable, but does not include money.
(5) Violation of this section shall subject an escrow agent
to penalties as prescribed in Title 9A RCW and remedies as
provided in chapter 19.86 RCW and shall constitute grounds
for suspension or revocation of the license of any licensed
escrow agent or licensed escrow officer. In addition, an
escrow agent who is required to be licensed under this chapter and who violates this section or an individual who is
[Title 18 RCW—page 126]
required to be licensed as an escrow officer under this chapter
and who violates this section, may be subject to penalties as
prescribed in RCW 18.44.430. [1999 c 30 § 8; 1990 c 203 §
1; 1988 c 178 § 1; 1977 ex.s. c 156 § 6; 1965 c 153 § 7. Formerly RCW 18.44.070.]
Severability—1988 c 178: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 178 § 4.]
18.44.410
18.44.410 Powers of director. (1) The director has the
power and broad administrative discretion to administer and
interpret this chapter to facilitate the delivery of services to
citizens of this state by escrow agents and others subject to
this chapter.
(2) The director may issue rules and regulations to govern the activities of licensed escrow agents and escrow officers. The director shall enforce all laws and rules relating to
the licensing of escrow agents and escrow officers and fix the
time and places for holding examinations of applicants for
licenses and prescribe the method of conducting the examinations. The director may hold hearings and suspend or revoke
the licenses of violators and may deny, suspend, or revoke the
authority of an escrow officer to act as the designated escrow
officer of a person who commits violations of this chapter or
of the rules under this chapter.
Except as specifically provided in this chapter, the rules
adopted and the hearings conducted shall be in accordance
with the provisions of chapter 34.05 RCW, the administrative
procedure act. [1999 c 30 § 27; 1977 ex.s. c 156 § 25. Formerly RCW 18.44.320.]
18.44.420
18.44.420 Investigation of violations—Procedure—
Powers of director. The director may:
(1) Make necessary public or private investigations
within or outside of this state to determine whether any person has violated or is about to violate this chapter or any rule
or order under this chapter, or to aid in the enforcement of
this chapter or in the prescribing of rules and forms under this
chapter; or
(2) Require or permit any person to file a statement in
writing, under oath or otherwise as the director determines, as
to all facts and circumstances concerning the matter to be
investigated.
For the purpose of any investigation or proceeding under
this chapter, the director or any officer designated by the
director may administer oaths or affirmations, and upon his
or her own motion or upon request of any party, may subpoena witnesses, compel their attendance, take evidence, and
require the production of any matter which is relevant to the
investigation, including the existence, description, nature,
custody, condition, and location of any books, documents, or
other tangible things and the identity and location of persons
having knowledge or relevant facts, or any other matter reasonably calculated to lead to the discovery of material evidence.
Upon failure to obey a subpoena or to answer questions
propounded by the investigating officer and upon reasonable
notice to all persons affected thereby, the director may apply
to the superior court for an order compelling compliance.
(2004 Ed.)
Escrow Agent Registration Act
Except as otherwise provided in this chapter, all proceedings under this chapter shall be in accordance with the
administrative procedure act, chapter 34.05 RCW. [1999 c
30 § 23; 1977 ex.s. c 156 § 21. Formerly RCW 18.44.280.]
18.44.430 Actions against license—Grounds. (1) The
director may, upon notice to the escrow agent and to the
insurer providing coverage under RCW 18.44.201, deny, suspend, decline to renew, or revoke the license of any escrow
agent or escrow officer if the director finds that the applicant
or any partner, officer, director, controlling person, or
employee has committed any of the following acts or
engaged in any of the following conduct:
(a) Obtaining a license by means of fraud, misrepresentation, concealment, or through the mistake or inadvertence
of the director.
(b) Violating any of the provisions of this chapter or any
lawful rules made by the director pursuant thereto.
(c) The commission of a crime against the laws of this or
any other state or government, involving moral turpitude or
dishonest dealings.
(d) Knowingly committing or being a party to, any material fraud, misrepresentation, concealment, conspiracy, collusion, trick, scheme, or device whereby any other person lawfully relying upon the word, representation, or conduct of the
licensee or agent or any partner, officer, director, controlling
person, or employee acts to his or her injury or damage.
(e) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title to his or her own
use or to the use of his or her principal or of any other person,
when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition;
and failure to return any money or contract, deed, note, mortgage, abstract, or other evidence of title within thirty days
after the owner thereof is entitled thereto, and makes demand
therefor, shall be prima facie evidence of such conversion.
(f) Failing, upon demand, to disclose any information
within his or her knowledge to, or to produce any document,
book, or record in his or her possession for inspection of, the
director or his or her authorized representatives.
(g) Committing any act of fraudulent or dishonest dealing, and a certified copy of the final holding of any court of
competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter.
(h) Accepting, taking, or charging any undisclosed commission, rebate, or direct profit on expenditures made for the
principal.
(i) Committing acts or engaging in conduct that demonstrates the applicant or licensee to be incompetent or untrustworthy, or a source of injury and loss to the public.
(2) Any conduct of an applicant or licensee that constitutes grounds for enforcement action under this chapter is
sufficient regardless of whether the conduct took place within
or outside of the state of Washington.
(3) In addition to or in lieu of a license suspension, revocation, or denial, the director may assess a fine of up to one
hundred dollars per day for each day's violation of this chapter or rules adopted under this chapter and may remove
and/or prohibit from participation in the conduct of the affairs
of any licensed escrow agent, any officer, controlling person,
director, employee, or licensed escrow officer. [1999 c 30 §
18.44.430
(2004 Ed.)
18.44.460
22; 1977 ex.s. c 156 § 16; 1971 ex.s. c 245 § 13. Formerly
RCW 18.44.260.]
18.44.440
18.44.440 Violations—Cease and desist orders. If the
director determines after notice and hearing that a person has:
(1) Violated any provision of this chapter; or
(2) Directly, or through an agent or employee, engaged
in any false, unfair and deceptive, or misleading:
(a) Advertising or promotional activity; or
(b) Business practices; or
(3) Violated any lawful order or rule of the director; the
director may issue an order requiring the person to cease and
desist from the unlawful practice and to take such affirmative
action as in the judgment of the director will carry out the
purposes of this chapter.
If the director makes a finding of fact in writing that the
public interest will be irreparably harmed by delay in issuing
an order, the director may issue a temporary cease and desist
order. Every temporary cease and desist order shall include in
its terms a provision that upon request a hearing will be held
to determine whether or not the order becomes permanent.
[1999 c 30 § 19; 1977 ex.s. c 156 § 20. Formerly RCW
18.44.175.]
18.44.450
18.44.450 Referral fees prohibited—Consumer protection act—Application. (1) "Real property lender" as
used in this section means a bank, savings bank, savings and
loan association, credit union, mortgage company, or other
corporation, association, or partnership that makes loans
secured by real property located in this state.
(2) No real property lender, escrow agent, or officer or
employee of any escrow agent or real property lender may
give or agree to pay or give any money, service, or object of
value to any real estate agent or broker, to any real property
lender, or to any officer or employee of any agent, broker, or
lender in return for the referral of any real estate escrow services. Nothing in this subsection prohibits the payment of
fees or other compensation permitted under the federal Real
Estate Settlement Procedures Act as amended (12 U.S.C. sections 2601 through 2617).
(3) The legislature finds that the practices governed by
this subsection are matters vitally affecting the public interest
for the purpose of applying the consumer protection act,
chapter 19.86 RCW. Any violation of this section is not reasonable in relation to the development and preservation of
business and is an unfair and deceptive act or practice and an
unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by
chapter 19.86 RCW are cumulative and not exclusive. [2000
c 171 § 17; 1999 c 30 § 33; 1988 c 178 § 3. Formerly RCW
18.44.145.]
Severability—1988 c 178: See note following RCW 18.44.400.
18.44.460
18.44.460 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified
by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a
[Title 18 RCW—page 127]
18.44.465
Title 18 RCW: Businesses and Professions
brief adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release
issued by the lending agency stating that the person is making
payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensing during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the director
may impose. [1999 c 30 § 15; 1996 c 293 § 11. Formerly
RCW 18.44.125.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.44.465
18.44.465 Termination of license—Effect upon preexisting escrows—Notice to principals. The revocation,
suspension, surrender, or expiration of an escrow agent's
license shall not impair or affect preexisting escrows
accepted by the agent prior to such revocation, suspension,
surrender, or expiration: PROVIDED, That the escrow agent
shall within five work days provide written notice to all principals of such preexisting escrows of the agent's loss of
license. The notice shall include as a minimum the reason for
the loss of license, the estimated date for completing the
escrow, and the condition of the agent's bond and whether it
is in effect or whether notice of cancellation has been given.
The notice shall afford the principals the right to withdraw
the escrow without monetary loss. [1999 c 30 § 16; 1977
ex.s. c 156 § 9; 1965 c 153 § 13. Formerly RCW 18.44.130.]
18.44.470
18.44.470 Receivership. Upon application by the
director or any other interested party and upon a showing that
the interest of the creditors so requires, the superior court
may appoint a receiver to take over, operate, or liquidate any
escrow office in this state. [1971 ex.s. c 245 § 6. Formerly
RCW 18.44.190.]
18.44.480
18.44.480 Remedies—Affecting corporate franchise.
Upon petition by the attorney general, the court may, in its
discretion, order the dissolution, or suspension or forfeiture
of franchise, of any corporation for repeated or flagrant violation of this chapter or the terms of any order of injunction
hereunder. [1965 c 153 § 18. Formerly RCW 18.44.170.]
18.44.490
18.44.490 Authority to prosecute—Grants of injunctive relief, temporary restraining orders. (1) The director,
through the attorney general, may prosecute an action in any
court of competent jurisdiction to enforce any order made by
him or her pursuant to this chapter and shall not be required
to post a bond in any such court proceedings.
(2) If the director has cause to believe that any person has
violated any penal provision of this chapter he or she may
refer the violation to the attorney general or the prosecuting
attorney of the county in which the offense was committed.
(3) Whenever the director has cause to believe that any
person, required to be licensed by this chapter, is conducting
business as an escrow agent without a valid license, or that
any licensed escrow agent, directly or through an agent or
employee, is engaged in any false, unfair and deceptive, or
[Title 18 RCW—page 128]
misleading advertising or promotional, activity or business
practices, or is conducting business in a manner deemed
unsafe or injurious to the public, or has violated, is violating,
or is about to violate any of the provisions of this chapter, or
a rule or order under this chapter, the director, through the
attorney general, may bring an action in any court of competent jurisdiction to enjoin the person from continuing the violation or doing any action in furtherance thereof. Upon proper
showing, injunctive relief or temporary restraining orders
shall be granted by the court and a receiver or conservator
may be appointed.
(4) The attorney general and the several prosecuting
attorneys throughout the state may prosecute proceedings
brought pursuant to this chapter upon notification of the
director. [1999 c 30 § 18; 1977 ex.s. c 156 § 10; 1965 c 153
§ 17. Formerly RCW 18.44.160.]
ESCROW COMMISSION
18.44.500
18 .44.500 E scrow comm ission—M embers —
Terms—Compensation and travel expenses. There is
established an escrow commission of the state of Washington, to consist of the director of financial institutions or his or
her designee as chairman, and five other members who shall
act as advisors to the director as to the needs of the escrow
profession, including but not limited to the design and conduct of tests to be administered to applicants for escrow
licenses, the schedule of license fees to be applied to the
escrow licensees, educational programs, audits and investigations of the escrow profession designed to protect the consumer, and such other matters determined appropriate. The
director is hereby empowered to and shall appoint the other
members, each of whom shall have been a resident of this
state for at least five years and shall have at least five years
experience in the practice of escrow as an escrow agent or as
a person in responsible charge of escrow transactions.
The members of the first commission shall serve for the
following terms: One member for one year, one member for
two years, one member for three years, one member for four
years, and one member for five years, from the date of their
appointment, or until their successors are duly appointed and
qualified. Every member of the commission shall receive a
certificate of appointment from the director and before beginning the member's term of office shall file with the secretary
of state a written oath or affirmation for the faithful discharge
of the member's official duties. On the expiration of the term
of each member, the director shall appoint a successor to
serve for a term of five years or until the member's successor
has been appointed and qualified.
The director may remove any member of the commission for cause. Vacancies in the commission for any reason
shall be filled by appointment for the unexpired term.
Members shall be compensated in accordance with
RCW 43.03.240, and shall be reimbursed for their travel
expenses incurred in carrying out the provisions of this chapter in accordance with RCW 43.03.050 and 43.03.060. [1995
c 238 § 3; 1985 c 340 § 3; 1984 c 287 § 36. Formerly RCW
18.44.208.]
Effective date—1995 c 238: See note following RCW 18.44.011.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
(2004 Ed.)
Birthing Centers
18.44.510
18.44.510 Compensation and travel expenses of commission members. The escrow commission members shall
each be compensated in accordance with RCW 43.03.240
and shall be reimbursed for travel expenses as provided for
state officials and employees in RCW 43.03.050 and
43.03.060, when called into session by the director or when
otherwise engaged in the business of the commission. [1984
c 287 § 37; 1977 ex.s. c 156 § 29. Formerly RCW 18.44.215.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
18.46.110
18.46.120
18.46.130
18.46.140
18.46.900
18.46.040
Fire protection—Duties of chief of the Washington state
patrol.
Operating without license—Penalty.
Operating without license—Injunction.
Application of chapter to birthing centers operated by certain
religious organizations.
Severability—1951 c 168.
Abortion: Chapter 9.02 RCW.
Crimes relating to pregnancy and childbirth: RCW 9A.32.060.
Filing certificate of birth: RCW 70.58.080.
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
MISCELLANEOUS
18.46.005
18.44.901
18.44.901 Construction—1965 c 153. Nothing in this
chapter shall be so construed as to authorize any escrow
agent, or his employees or agents, to engage in the practice of
law, and nothing in this chapter shall be so construed as to
impose any additional liability on any depositary authorized
by this chapter and the receipt or acquittance of the persons
so paid by such depositary shall be a valid and sufficient
release and discharge of such depositary. [1965 c 153 § 20.
Formerly RCW 18.44.900.]
18.44.902
18.44.902 Short title. This chapter shall be known and
cited as the "Escrow Agent Registration Act". [1965 c 153 §
21. Formerly RCW 18.44.910.]
18.44.903
18.44.903 Severability—1971 ex.s. c 245. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1971 ex.s. c 245 § 15. Formerly RCW 18.44.920.]
18.44.904
18.44.904 Severability—1977 ex.s. c 156. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 156 § 33. Formerly
RCW 18.44.921.]
18.44.905
18.44.905 Severability—1979 c 70. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1979 c 70 § 2. Formerly RCW 18.44.922.]
Chapter 18.46
Chapter 18.46 RCW
BIRTHING CENTERS
(Formerly: Maternity homes)
Sections
18.46.005
18.46.010
18.46.020
18.46.030
18.46.040
18.46.050
18.46.055
18.46.060
18.46.070
18.46.080
18.46.090
(2004 Ed.)
Purpose.
Definitions.
License required.
Application for license—Fee.
License—Issuance—Renewal—Limitations—Display.
Actions against license.
License suspension—Nonpayment or default on educational
loan or scholarship.
Rules.
Rules—Time for compliance.
Inspections—Approval of new facilities.
Information confidential.
18.46.005 Purpose. The purpose of this chapter is to
provide for the development, establishment, and enforcement
of standards for the maintenance and operation of birthing
centers, which, in the light of advancing knowledge, will promote safe and adequate care and treatment of the individuals
therein. [2000 c 93 § 29; 1951 c 168 § 1.]
18.46.010
18.46.010 Definitions. (1) "Birthing center" or "childbirth center" means any health facility, not part of a hospital
or in a hospital, that provides facilities and staff to support a
birth service to low-risk maternity clients: PROVIDED,
HOWEVER, That this chapter shall not apply to any hospital
approved by the American College of Surgeons, American
Osteopathic Association, or its successor.
(2) "Department" means the state department of health.
(3) "Low-risk" means normal, uncomplicated prenatal
course as determined by adequate prenatal care and prospects
for a normal uncomplicated birth as defined by reasonable
and generally accepted criteria of maternal and fetal health.
(4) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof. [2000 c 93 § 30; 1991 c 3 §
100; 1985 c 213 § 8; 1979 c 141 § 32; 1951 c 168 § 2. Prior:
1943 c 214 § 1; Rem. Supp. 1943 § 6130-47.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.46.020
18.46.020 License required. After July 1, 1951, no
person shall operate a birthing center in this state without a
license under this chapter. [2000 c 93 § 31; 1951 c 168 § 3.
Prior: 1943 c 214 § 2; Rem. Supp. 1943 § 6130-48.]
18.46.030
18.46.030 Application for license—Fee. An application for license shall be made to the department upon forms
provided by it and shall contain such information as the
department reasonably requires, which may include affirmative evidence of ability to comply with rules and regulations
as are lawfully prescribed hereunder. Each application for
license or renewal of license shall be accompanied by a
license fee as established by the department under RCW
43.20B.110: PROVIDED, That no fee shall be required of
charitable or nonprofit or government-operated institutions.
[1987 c 75 § 4; 1982 c 201 § 5; 1951 c 168 § 4.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
18.46.040
18.46.040 License—Issuance—Renewal—Limitations—Display. Upon receipt of an application for a license
and the license fee, the licensing agency shall issue a license
[Title 18 RCW—page 129]
18.46.050
Title 18 RCW: Businesses and Professions
if the applicant and the birthing center meet the requirements
established under this chapter. A license, unless suspended or
revoked, shall be renewable annually. Applications for
renewal shall be on forms provided by the department and
shall be filed in the department not less than ten days prior to
its expiration. Each application for renewal shall be accompanied by a license fee as established by the department under
RCW 43.20B.110. Each license shall be issued only for the
premises and persons named in the application and shall not
be transferable or assignable except with the written approval
of the department. Licenses shall be posted in a conspicuous
place on the licensed premises. [2000 c 93 § 32; 1987 c 75 §
5; 1982 c 201 § 6; 1951 c 168 § 5. Prior: 1943 c 214 § 3;
Rem. Supp. 1943 § 6130-49.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
18.46.050
18.46.050 Actions against license. (1) The department
may deny, suspend, or revoke a license in any case in which
it finds that there has been failure or refusal to comply with
the requirements established under this chapter or the rules
adopted under it.
(2) The department shall immediately suspend the
license of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license shall be automatic upon
the department's receipt of a release issued by the department
of social and health services stating that the person is in compliance with the order.
RCW 43.70.115 governs notice of a license denial, revocation, suspension, or modification and provides the right to
an adjudicative proceeding but shall not apply to actions
taken under subsection (2) of this section. [1997 c 58 § 823;
1991 c 3 § 101; 1989 c 175 § 63; 1985 c 213 § 9; 1951 c 168
§ 6.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.46.055
18.46.055 License suspension—Nonpayment or
default on educational loan or scholarship. The department shall suspend the license of any person who has been
certified by a lending agency and reported to the department
for nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW
[Title 18 RCW—page 130]
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person's license
shall not be reissued until the person provides the department
a written release issued by the lending agency stating that the
person is making payments on the loan in accordance with a
repayment agreement approved by the lending agency. If the
person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic
upon receipt of the notice and payment of any reinstatement
fee the department may impose. [1996 c 293 § 12.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.46.060
18.46.060 Rules. The department, after consultation
with representatives of birthing center operators, state medical association, Washington Osteopathic Association, state
nurses association, state hospital association, state midwives
association, and any other representatives as the department
may deem necessary, shall adopt, amend, and promulgate
such rules and regulations with respect to all birthing centers
in the promotion of safe and adequate medical and nursing
care in the birthing center and the sanitary, hygienic, and safe
condition of the birthing center in the interest of the health,
safety, and welfare of the people. [2000 c 93 § 33; 1985 c
213 § 10; 1951 c 168 § 7.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.46.070
18.46.070 Rules—Time for compliance. Any birthing
center which is in operation at the time of promulgation of
any applicable rules or regulations under this chapter shall be
given a reasonable time, under the particular circumstances,
not to exceed three months from the date of such promulgation, to comply with the rules and regulations established
under this chapter. [2000 c 93 § 34; 1951 c 168 § 8.]
18.46.080
18.46.080 Inspections—Approval of new facilities.
The department shall make or cause to be made an inspection
and investigation of all birthing centers, and every inspection
may include an inspection of every part of the premises. The
department may make an examination of all records, methods
of administration, the general and special dietary and the
stores and methods of supply. The department may prescribe
by regulation that any licensee or applicant desiring to make
specified types of alteration or addition to its facilities or to
construct new facilities shall before commencing such alterations, addition, or new construction submit plans and specifications therefor to the department for preliminary inspection and approval or recommendations with respect to compliance with regulations and standards herein authorized.
Necessary conferences and consultations may be provided.
[2000 c 93 § 35; 1951 c 168 § 9. Prior: 1943 c 214 § 4; Rem.
Supp. 1943 § 6130-50.]
18.46.090
18.46.090 Information confidential. All information
received by the department through filed reports, inspection,
or as otherwise authorized under this chapter shall not be disclosed publicly in any manner as to identify individuals or
birthing centers except in a proceeding involving the question
of licensure. [2000 c 93 § 36; 1951 c 168 § 10.]
(2004 Ed.)
Midwifery
18.46.110 Fire protection—Duties of chief of the
Washington state patrol. Fire protection with respect to all
birthing centers to be licensed hereunder, shall be the responsibility of the chief of the Washington state patrol, through
the director of fire protection, who shall adopt by reference,
such recognized standards as may be applicable to nursing
homes, places of refuge, and birthing centers for the protection of life against the cause and spread of fire and fire hazards. The department upon receipt of an application for a
license, shall submit to the chief of the Washington state
patrol, through the director of fire protection, in writing, a
request for an inspection, giving the applicant's name and the
location of the premises to be licensed. Upon receipt of such
a request, the chief of the Washington state patrol, through
the director of fire protection, or his or her deputy, shall make
an inspection of the birthing center to be licensed, and if it is
found that the premises do not comply with the required
safety standards and fire regulations as promulgated by the
chief of the Washington state patrol, through the director of
fire protection, he or she shall promptly make a written report
to the department as to the manner in which the premises may
qualify for a license and set forth the conditions to be remedied with respect to fire regulations. The department, applicant or licensee shall notify the chief of the Washington state
patrol, through the director of fire protection, upon completion of any requirements made by him or her, and the chief of
the Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such
premises. Whenever the birthing center to be licensed meets
with the approval of the chief of the Washington state patrol,
through the director of fire protection, he or she shall submit
to the department, a written report approving same with
respect to fire protection before a license can be issued. The
chief of the Washington state patrol, through the director of
fire protection, shall make or cause to be made such inspection of such birthing centers as he or she deems necessary.
In cities which have in force a comprehensive building
code, the regulation of which is equal to the minimum standards of the code for birthing centers adopted by the chief of
the Washington state patrol, through the director of fire protection, the building inspector and the chief of the fire department, provided the latter is a paid chief of a paid fire department, shall make the inspection and shall approve the premises before a license can be issued.
In cities where such building codes are in force, the chief
of the Washington state patrol, through the director of fire
protection, may, upon request by the chief fire official, or the
local governing body, or of a taxpayer of such city, assist in
the enforcement of any such code pertaining to birthing centers. [2000 c 93 § 37; 1995 c 369 § 5; 1986 c 266 § 82; 1951
c 168 § 12.]
18.46.110
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
18.46.120 Operating without license—Penalty. Any
person operating or maintaining any birthing center without a
license under this chapter shall be guilty of a misdemeanor.
Each day of a continuing violation after conviction shall be
considered a separate offense. [2000 c 93 § 38; 1951 c 168 §
13.]
Chapter 18.50
18.46.130
18.46.130 Operating without license—Injunction.
Notwithstanding the existence or use of any other remedy,
the department may in the manner provided by law, upon the
advice of the attorney general who shall represent the department in all proceedings, maintain an action in the name of the
state for an injunction or other process against any person to
restrain or prevent the operation or maintenance of a birthing
center not licensed under this chapter. [2000 c 93 § 39; 1951
c 168 § 14.]
Injunctions: Chapter 7.40 RCW.
18.46.140
18.46.140 Application of chapter to birthing centers
operated by certain religious organizations. Nothing in
this chapter or the rules and regulations adopted pursuant
thereto shall be construed as authorizing the supervision, regulation, or control of the remedial and nursing care of patients
in any birthing center as defined in this chapter, conducted
for or by members of a recognized religious sect, denomination, or organization which in accordance with its creed,
tenets, or principles depends for healing upon prayer in the
practice of religion, nor shall the existence of any of the
above conditions militate against the licensing of such facility. [2000 c 93 § 40; 1951 c 168 § 15.]
18.46.900
18.46.900 Severability—1951 c 168. If any provision
of this chapter or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not
affect the provisions or application of this chapter which can
be given effect without the invalid provision or application,
and to this end the provisions of the chapter are declared to be
severable. [1951 c 168 § 17.]
Chapter 18.50
Sections
18.50.003
18.50.005
18.50.010
18.50.020
18.50.030
18.50.032
18.50.034
18.50.040
18.50.045
18.50.050
18.50.060
18.50.065
18.50.102
18.50.105
18.50.108
18.50.115
18.50.126
18.50.130
18.50.135
18.50.140
18.50.150
18.46.120
(2004 Ed.)
Chapter 18.50 RCW
MIDWIFERY
18.50.900
Regulation of health care professions—Criteria.
Definitions.
Practicing midwifery defined—Gratuitous services—Duty to
consult with physician.
License required.
Exemptions—Practice of religion—Treatment by prayer.
Exemptions—Registered nurses and nurse midwives.
Exemptions—Persons enrolled in midwifery programs.
Candidates for examination—Application—Eligibility—Student midwife permits.
Midwifery education programs—Accreditation.
Compliance with secretary's determination.
Examinations—Times and places—Subjects—Issuance of
license.
Credentialing by endorsement.
Registration—Renewal fee.
Inform patient of qualifications of midwife—Form.
Written plan for consultation, emergency transfer, and transport.
Administration of drugs and medications—Rules.
Application of uniform disciplinary act.
"Certificate" and "license" synonymous.
Rules.
Midwifery advisory committee—Generally.
Midwifery advisory committee—Advice and recommendations.
Repeal and saving.
Abortion: Chapter 9.02 RCW.
Actions for injuries resulting from health care: Chapter 7.70 RCW.
Crimes relating to pregnancy and childbirth: RCW 9A.32.060.
Filing certificate of birth: RCW 70.58.080.
[Title 18 RCW—page 131]
18.50.003
Title 18 RCW: Businesses and Professions
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
Effective date—1981 c 53: See note following RCW 18.50.005.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.50.003
18.50.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.50.005
18.50.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Midwife" means a midwife licensed under this
chapter.
(4) "Physician" means a physician licensed under chapter 18.57 or 18.71 RCW. [1991 c 3 § 102; 1987 c 467 § 1;
1981 c 53 § 2.]
Effective date—1981 c 53: "Sections 1, 2, 5, 6, 8, 9, 10, 11, and 13
through 17 of this act shall take effect January 15, 1982." [1981 c 53 § 19.]
18.50.010
18.50.010 Practicing midwifery defined—Gratuitous
services—Duty to consult with physician. Any person
shall be regarded as practicing midwifery within the meaning
of this chapter who shall render medical aid for a fee or compensation to a woman during prenatal, intrapartum, and postpartum stages or who shall advertise as a midwife by signs,
printed cards, or otherwise. Nothing shall be construed in this
chapter to prohibit gratuitous services. It shall be the duty of
a midwife to consult with a physician whenever there are significant deviations from normal in either the mother or the
infant. [1991 c 3 § 103; 1987 c 467 § 2; 1981 c 53 § 5; 1917
c 160 § 8; RRS § 10181. Formerly RCW 18.50.010,
18.50.030, part, and 18.50.090.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.020
18.50.020 License required. Any person who shall
practice midwifery in this state after July 1, 1917, shall first
obtain from the secretary a license so to do, and the said secretary is authorized to grant such license after examination of
the applicant as hereinafter provided. [1991 c 3 § 104; 1917
c 160 § 1; RRS § 10174.]
18.50.030
18.50.030 Exemptions—Practice of religion—Treatment by prayer. This chapter shall not be construed to interfere in any way with the practice of religion, nor be held to
apply to or regulate any kind of treatment by prayer. [1917 c
160 § 12; RRS § 10185. FORMER PART OF SECTION:
1917 c 160 § 8, part; RRS § 10181, part, now codified in
RCW 18.50.010.]
Gratuitous services exempted: RCW 18.50.010.
18.50.032
18.50.032 Exemptions—Registered nurses and nurse
midwives. Registered nurses and nurse midwives certified
by the nursing care quality assurance commission under
chapter 18.79 RCW shall be exempt from the requirements
and provisions of this chapter. [1994 sp.s. c 9 § 704; 1981 c
53 § 10.]
[Title 18 RCW—page 132]
18.50.034
18.50.034 Exemptions—Persons enrolled in midwifery programs. Nothing in this chapter shall be construed
to apply to or interfere in any way with the practice of midwifery by a person who is enrolled in a program of midwifery
approved and accredited by the secretary: PROVIDED, That
the performance of such services is only pursuant to a regular
course of instruction or assignment from the student's instructor, and that such services are performed only under the
supervision and control of a person licensed in the state of
Washington to perform services encompassed under this
chapter. [1991 c 3 § 105; 1981 c 53 § 11.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.040
18.50.040 Candidates for examination—Application—Eligibility—Student midwife permits. (1) Any person seeking to be examined shall present to the secretary, at
least forty-five days before the commencement of the examination, a written application on a form or forms provided by
the secretary setting forth under affidavit such information as
the secretary may require and proof the candidate has
received a high school degree or its equivalent; that the candidate is twenty-one years of age or older; that the candidate
has received a certificate or diploma from a midwifery program accredited by the secretary and licensed under chapter
28C.10 RCW, when applicable, or a certificate or diploma in
a foreign institution on midwifery of equal requirements conferring the full right to practice midwifery in the country in
which it was issued. The diploma must bear the seal of the
institution from which the applicant was graduated. Foreign
candidates must present with the application a translation of
the foreign certificate or diploma made by and under the seal
of the consulate of the country in which the certificate or
diploma was issued.
(2) The candidate shall meet the following conditions:
(a) Obtaining a minimum period of midwifery training
for at least three years including the study of the basic nursing
skills that the department shall prescribe by rule. However, if
the applicant is a registered nurse or licensed practical nurse
under chapter 18.79 RCW, or has had previous nursing education or practical midwifery experience, the required period
of training may be reduced depending upon the extent of the
candidate's qualifications as determined under rules adopted
by the department. In no case shall the training be reduced to
a period of less than two years.
(b) Meeting minimum educational requirements which
shall include studying obstetrics; neonatal pediatrics; basic
sciences; female reproductive anatomy and physiology;
behavioral sciences; childbirth education; community care;
obstetrical pharmacology; epidemiology; gynecology; family
planning; genetics; embryology; neonatology; the medical
and legal aspects of midwifery; nutrition during pregnancy
and lactation; breast feeding; nursing skills, including but not
limited to injections, administering intravenous fluids, catheterization, and aseptic technique; and such other requirements prescribed by rule.
(c) For a student midwife during training, undertaking
the care of not less than fifty women in each of the prenatal,
(2004 Ed.)
Midwifery
intrapartum, and early postpartum periods, but the same
women need not be seen through all three periods. A student
midwife may be issued a permit upon the satisfactory completion of the requirements in (a), (b), and (c) of this subsection and the satisfactory completion of the licensure examination required by RCW 18.50.060. The permit permits the student midwife to practice under the supervision of a midwife
licensed under this chapter, a physician or a certified nursemidwife licensed under the authority of chapter 18.79 RCW.
The permit shall expire within one year of issuance and may
be extended as provided by rule.
(d) Observing an additional fifty women in the intrapartum period before the candidate qualifies for a license.
(3) Notwithstanding subsections (1) and (2) of this section, the department shall adopt rules to provide credit toward
the educational requirements for licensure before July 1,
1988, of nonlicensed midwives, including rules to provide:
(a) Credit toward licensure for documented deliveries;
(b) The substitution of relevant experience for classroom
time; and
(c) That experienced lay midwives may sit for the licensing examination without completing the required course
work.
The training required under this section shall include
training in either hospitals or alternative birth settings or both
with particular emphasis on learning the ability to differentiate between low-risk and high-risk pregnancies. [1994 sp.s.
c 9 § 705; 1991 c 3 § 106; 1987 c 467 § 3; 1986 c 299 § 24;
1981 c 53 § 6; 1917 c 160 § 2; RRS § 10175.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—Effective date—1986 c 299: See RCW 28C.10.900 and
28C.10.902.
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.115
select. The examinations shall be written and shall be in the
English language.
(2) The secretary, with the assistance of the midwifery
advisory committee, shall develop or approve a licensure
examination in the subjects that the secretary determines are
within the scope of and commensurate with the work performed by a licensed midwife. The examination shall be sufficient to test the scientific and practical fitness of candidates
to practice midwifery. All application papers shall be deposited with the secretary and there retained for at least one year,
when they may be destroyed.
(3) If the examination is satisfactorily completed, the
secretary shall issue to such candidate a license entitling the
candidate to practice midwifery in the state of Washington.
[1991 c 3 § 109; 1987 c 467 § 4; 1981 c 53 § 8; 1979 c 158 §
43; 1917 c 160 § 4; RRS § 10177.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.065
18.50.065 Credentialing by endorsement. An applicant holding a credential in another state may be credentialed
to practice in this state without examination if the secretary
determines that the other state's credentialing standards are
substantially equivalent to the standards in this state. [1991 c
332 § 32.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.50.102
18.50.102 Registration—Renewal fee. Every person
licensed to practice midwifery shall register with the secretary and pay a renewal fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 25;
1991 c 3 § 110; 1985 c 7 § 49; 1981 c 53 § 13.]
Effective date—1981 c 53: See note following RCW 18.50.005.
Limitation on increases in midwifery fees: RCW 43.24.086.
18.50.045
18.50.045 Midwifery education programs—Accreditation. The secretary shall promulgate standards by rule
under chapter 34.05 RCW for accrediting midwifery educational programs. The standards shall cover the provision of
adequate clinical and didactic instruction in all subjects and
noncurriculum matters under this section including, but not
limited to, staffing and teacher qualifications. In developing
the standards, the secretary shall be advised by and receive
the recommendations of the midwifery advisory committee.
[1991 c 3 § 107; 1981 c 53 § 7.]
18.50.050
18.50.050 Compliance with secretary's determination. Applicants shall comply with administrative procedures, administrative requirements, and fees determined by
the secretary as provided by RCW 43.70.250 and 43.70.280.
[1996 c 191 § 24; 1991 c 3 § 108; 1985 c 7 § 48; 1975 1st
ex.s. c 30 § 51; 1917 c 160 § 3; RRS § 10176.]
Limitation on increases in midwifery fees: RCW 43.24.086.
18.50.060
18.50.060 Examinations—Times and places—Subjects—Issuance of license. (1) The secretary is hereby
authorized and empowered to execute the provisions of this
chapter and shall offer examinations in midwifery at least
twice a year at such times and places as the secretary may
(2004 Ed.)
18.50.105
18.50.105 Inform patient of qualifications of midwife—Form. The secretary, with the advice of the midwifery advisory committee, shall develop a form to be used
by a midwife to inform the patient of the qualifications of a
licensed midwife. [1991 c 3 § 111; 1981 c 53 § 12.]
18.50.108
18.50.108 Written plan for consultation, emergency
transfer, and transport. Every licensed midwife shall
develop a written plan for consultation with other health care
providers, emergency transfer, transport of an infant to a
newborn nursery or neonatal intensive care nursery, and
transport of a woman to an appropriate obstetrical department
or patient care area. The written plan shall be submitted annually together with the license renewal fee to the department.
[1981 c 53 § 14.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.115
18.50.115 Administration of drugs and medications—Rules. A midwife licensed under this chapter may
obtain and administer prophylactic ophthalmic medication,
postpartum oxytocic, vitamin K, Rho immune globulin
(human), and local anesthetic and may administer such other
drugs or medications as prescribed by a physician. A pharmacist who dispenses such drugs to a licensed midwife shall not
[Title 18 RCW—page 133]
18.50.126
Title 18 RCW: Businesses and Professions
be liable for any adverse reactions caused by any method of
use by the midwife.
The secretary, after consultation with representatives of
the midwife advisory committee, the board of pharmacy, and
the medical quality assurance commission, may adopt rules
that authorize licensed midwives to purchase and use legend
drugs and devices in addition to the drugs authorized in this
chapter. [1994 sp.s. c 9 § 707; 1991 c 3 § 112; 1987 c 467 §
6.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.50.126
18.50.126 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
31; 1986 c 259 § 75.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
shall not repeal the provisions of the vital statistics laws of
the state, but shall be deemed as additional and cumulative
provisions. [1917 c 160 § 10.]
Chapter 18.51
Sections
18.51.005
18.51.007
18.51.009
18.51.010
18.51.030
18.51.040
18.51.050
18.51.054
18.51.060
18.51.065
18.51.065
18.51.067
18.51.070
18.51.091
18.50.130
18.50.130 "Certificate" and "license" synonymous.
The words "certificate" and "license" shall be known as interchangeable terms in this chapter. [1917 c 160 § 11; RRS §
10184.]
18.50.135
18.50.135 Rules. The secretary shall promulgate rules
under chapter 34.05 RCW as are necessary to carry out the
purposes of this chapter. [1991 c 3 § 113; 1981 c 53 § 15.]
18.51.140
18.51.145
18.51.150
18.51.160
18.51.170
18.51.180
18.51.185
18.51.190
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.140
18.50.140 Midwifery advisory committee—Generally. The midwifery advisory committee is created.
The committee shall be composed of one physician who
is a practicing obstetrician; one practicing physician; one certified nurse midwife licensed under chapter 18.79 RCW;
three midwives licensed under this chapter; and one public
member, who shall have no financial interest in the rendering
of health services. The committee may seek other consultants
as appropriate, including persons trained in childbirth education and perinatology or neonatology.
The members are appointed by the secretary and serve at
the pleasure of the secretary but may not serve more than five
years consecutively. The terms of office shall be staggered.
Members of the committee shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060.
[1994 sp.s. c 9 § 706; 1991 c 3 § 114; 1987 c 467 § 5; 1981 c
53 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.50.150
18.50.150 Midwifery advisory committee—Advice
and recommendations. The midwifery advisory committee
shall advise and make recommendations to the secretary on
issues including, but not limited to, continuing education,
mandatory reexamination, and peer review. [1998 c 245 § 6;
1991 c 3 § 115; 1981 c 53 § 4.]
18.51.200
18.51.210
18.51.220
18.51.230
18.51.240
18.51.250
18.51.260
18.51.270
18.51.280
18.51.290
18.51.300
18.51.310
18.51.320
18.51.350
18.51.400
18.51.410
18.51.420
18.51.430
18.51.440
18.51.450
18.51.460
18.51.470
18.51.480
18.51.490
18.51.500
18.51.510
18.51.520
18.51.530
18.51.540
18.51.550
18.50.900
18.50.900 Repeal and saving. All acts or parts of acts
inconsistent with the provisions of this chapter may be and
the same are hereby repealed: PROVIDED, This chapter
[Title 18 RCW—page 134]
Chapter 18.51 RCW
NURSING HOMES
18.51.900
18.51.910
18.51.911
Purpose.
Legislative intent.
Resident rights.
Definitions.
License required.
Application for license.
License—Issuance, renewal—Fee—Display.
Denial of license.
Penalties—Grounds.
Penalties—Hearing (as amended by 1989 c 175).
Penalties—Hearing (as amended by 1989 c 372).
License suspension—Noncompliance with support order—
Reissuance.
Rules.
Inspection of nursing homes and community-based services—
Notice of violations—Approval of alterations or new facilities.
Fire protection—Duties of chief of the Washington state
patrol.
Building inspections—Authority of chief of the Washington
state patrol.
Operating without license—Penalty.
Operating without license—Injunction.
Application of chapter to homes or institutions operated by
certain religious organizations.
Out-patient services—Authorized—Defined.
Out-patient services—Cost studies—Vendor rates.
Complaint of violation—Request for inspection—Notice—
Confidentiality.
Preliminary review of complaint—On-site investigation.
Authority to enter and inspect nursing home—Advance
notice—Defense.
Retaliation or discrimination against complainant prohibited,
penalty—Presumption.
General inspection before license renewal—Required—
Advance notice prohibited.
Alterations or additions—Preliminary inspection and
approval.
Nursing homes without violations—Public agencies notified—Priority.
Posting citations for violation of RCW 18.51.060.
Annual report of citations—Publication—Contents.
Chapter cumulative.
Writings as public records.
Retention and preservation of records of patients.
Comprehensive plan for utilization review—Licensing standards—Regulations.
Contact with animals—Rules.
Conflict with federal requirements.
Receivership—Legislative findings.
Receivership—Petition to establish—Grounds.
Receivership—Defenses to petition.
Receivership—Persons qualified to act as receiver.
Receivership—Judicial hearing.
Receivership—Appointment of receiver.
Receivership—Termination—Conditions.
Receivership—Accounting of acts and expenditures by
receiver.
Receivership—Compensation, liability—Revision of medicaid reimbursement rate.
Receivership—Powers of receiver.
Receivership—Financial assistance—Use of revenues and
proceeds of facility.
Receivership—State medical assistance.
Receivership—Foreclosures and seizures not allowed.
Notice of change of ownership or management.
Cost disclosure to attending physicians.
Investigation of complaints of violations concerning nursing
technicians.
Severability—1951 c 117.
Nursing home advisory council—Termination.
Nursing home advisory council—Repeal.
(2004 Ed.)
Nursing Homes
Birthing centers: Chapter 18.46 RCW.
Boarding homes: Chapter 18.20 RCW.
Employment of dental hygienist without supervision of dentist authorized:
RCW 18.29.056.
Labor regulations, collective bargaining—Health care activities: Chapter
49.66 RCW.
Resident care, operating standards: Chapter 74.42 RCW.
18.51.005
18.51.005 Purpose. The purpose of this chapter is to
provide for the development, establishment, and enforcement
of standards for the maintenance and operation of nursing
homes, which, in the light of advancing knowledge, will promote safe and adequate care and treatment of the individuals
therein. An important secondary purpose is the improvement
of nursing home practices by educational methods so that
such practices eventually exceed the minimum requirements
of the basic law and its original standards. [1951 c 117 § 1.]
18.51.007
18.51.007 Legislative intent. It is the intent of the legislature in enacting chapter 99, Laws of 1975 1st ex. sess. to
establish (1) a system for the imposition of prompt and effective sanctions against nursing homes in violation of the laws
and regulations of this state relating to patient care; (2) an
inspection and reporting system to insure that nursing homes
are in compliance with state statutes and regulations pertaining to patient care; and (3) a mechanism to insure that
licenses are issued to or retained by only those nursing homes
that meet state standards for resident health and safety. [1981
1st ex.s. c 2 § 14; 1975 1st ex.s. c 99 § 3.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.009
18.51.009 Resident rights. RCW 70.129.007,
70.129.105, and 70.129.150 through 70.129.170 apply to this
chapter and persons regulated under this chapter. [1994 c
214 § 22.]
Severability—Conflict with federal requirements—Captions not
law—1994 c 214: See RCW 70.129.900 through 70.129.902.
18.51.050
nursing treatment or supervision except in the case of temporary acute illness. The mere designation by the operator of
any place or institution as a hospital, sanitarium, or any other
similar name, which does not provide care for the acutely ill
and maintain and operate facilities for major surgery or
obstetrics, or both, shall not exclude such place or institution
from the provisions of this chapter: PROVIDED, That any
nursing home providing psychiatric treatment shall, with
respect to patients receiving such treatment, comply with the
provisions of RCW 71.12.560 and 71.12.570.
(2) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(3) "Secretary" means the secretary of the department of
social and health services.
(4) "Department" means the state department of social
and health services.
(5) "Community-based care" means but is not limited to
the following:
(a) Home delivered nursing services;
(b) Personal care;
(c) Day care;
(d) Nutritional services, both in-home and in a communal dining setting;
(e) Habilitation care; and
(f) Respite care. [1983 c 236 § 1; 1981 1st ex.s. c 2 § 15;
1973 1st ex.s. c 108 § 1; 1953 c 160 § 1; 1951 c 117 § 2.]
Construction—1983 c 236: "Nothing in this 1983 act affects the provisions of chapter 70.38 RCW." [1983 c 236 § 3.]
Severability—1981 1st ex.s. c 2: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 1st ex.s. c 2 § 28.]
Effective dates—1981 1st ex.s. c 2: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions. Sections 1, 2, 3, and
10 through 26 of this act shall take effect on July 1, 1981. Section 4 of this
act shall take effect on July 1, 1983. Sections 5 through 9 of this act shall take
effect on July 1, 1984." [1981 1st ex.s. c 2 § 27.]
18.51.030
18.51.010
18.51.010 Definitions. (1) "Nursing home" means any
home, place or institution which operates or maintains facilities providing convalescent or chronic care, or both, for a
period in excess of twenty-four consecutive hours for three or
more patients not related by blood or marriage to the operator, who by reason of illness or infirmity, are unable properly
to care for themselves. Convalescent and chronic care may
include but not be limited to any or all procedures commonly
employed in waiting on the sick, such as administration of
medicines, preparation of special diets, giving of bedside
nursing care, application of dressings and bandages, and carrying out of treatment prescribed by a duly licensed practitioner of the healing arts. It may also include care of mentally
incompetent persons. It may also include community-based
care. Nothing in this definition shall be construed to include
general hospitals or other places which provide care and
treatment for the acutely ill and maintain and operate facilities for major surgery or obstetrics, or both. Nothing in this
definition shall be construed to include any boarding home,
guest home, hotel or related institution which is held forth to
the public as providing, and which is operated to give only
board, room and laundry to persons not in need of medical or
(2004 Ed.)
18.51.030 License required. After July 1, 1951 no person shall operate or maintain a nursing home in this state
without a license under this chapter. [1951 c 117 § 4.]
18.51.040
18.51.040 Application for license. An application for
license shall be made to the department upon forms provided
by it and shall contain such information as the department
reasonably requires, which may include affirmative evidence
of ability to comply with the rules and regulations as are lawfully prescribed hereunder. [1953 c 160 § 3; 1951 c 117 § 5.]
18.51.050
18.51.050 License—Issuance, renewal—Fee—Display. Upon receipt of an application for license, the department shall issue a license if the applicant and the nursing
home facilities meet the requirements established under this
chapter, except that the department shall issue a temporary
license to a court-appointed receiver for a period not to
exceed six months from the date of appointment. Prior to the
issuance or renewal of the license, the licensee shall pay a
license fee as established by the department. No fee shall be
required of government operated institutions or courtappointed receivers. All licenses issued under the provisions
[Title 18 RCW—page 135]
18.51.054
Title 18 RCW: Businesses and Professions
of this chapter shall expire on a date to be set by the department, but no license issued pursuant to this chapter shall
exceed thirty-six months in duration. When a change of ownership occurs, the entity becoming the licensed operating
entity of the facility shall pay a fee established by the department at the time of application for the license. The previously
determined date of license expiration shall not change. The
department shall establish license fees at an amount adequate
to reimburse the department in full for all costs of its licensing activities for nursing homes, adjusted to cover the department's cost of reimbursing such fees through medicaid.
All applications and fees for renewal of the license shall
be submitted to the department not later than thirty days prior
to the date of expiration of the license. All applications and
fees for change of ownership licenses shall be submitted to
the department not later than sixty days before the date of the
proposed change of ownership. Each license shall be issued
only to the operating entity and those persons named in the
license application. The license is valid only for the operation
of the facility at the location specified in the license application. Licenses are not transferable or assignable. Licenses
shall be posted in a conspicuous place on the licensed premises. [1991 sp.s. c 8 § 1; 1989 c 372 § 1; 1985 c 284 § 4;
1981 2nd ex.s. c 11 § 2; 1981 1st ex.s. c 2 § 17; 1975 1st ex.s.
c 99 § 1; 1971 ex.s. c 247 § 2; 1953 c 160 § 4; 1951 c 117 § 6.]
Effective date—1991 sp.s. c 8: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 sp.s. c 8 § 21.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.054
18.51.054 Denial of license. The department may deny
a license to any applicant if the department finds that the
applicant or any partner, officer, director, managerial
employee, or owner of five percent or more of the applicant:
(1) Operated a nursing home without a license or under a
revoked or suspended license; or
(2) Knowingly or with reason to know made a false
statement of a material fact (a) in an application for license or
any data attached thereto, or (b) in any matter under investigation by the department; or
(3) Refused to allow representatives or agents of the
department to inspect (a) all books, records, and files
required to be maintained or (b) any portion of the premises
of the nursing home; or
(4) Willfully prevented, interfered with, or attempted to
impede in any way (a) the work of any authorized representative of the department or (b) the lawful enforcement of any
provision of this chapter or chapter 74.42 RCW; or
(5) Has a history of significant noncompliance with federal or state regulations in providing nursing home care. In
deciding whether to deny a license under this section, the factors the department considers shall include the gravity and
frequency of the noncompliance. [1989 c 372 § 7; 1985 c 284
§ 1.]
18.51.060
18.51.060 Penalties—Grounds. (1) In any case in
which the department finds that a licensee, or any partner,
officer, director, owner of five percent or more of the assets
of the nursing home, or managing employee failed or refused
[Title 18 RCW—page 136]
to comply with the requirements of this chapter or of chapter
74.42 RCW, or the standards, rules and regulations established under them or, in the case of a Medicaid contractor,
failed or refused to comply with the Medicaid requirements
of Title XIX of the social security act, as amended, and regulations promulgated thereunder, the department may take any
or all of the following actions:
(a) Suspend, revoke, or refuse to renew a license;
(b) Order stop placement;
(c) Assess monetary penalties of a civil nature;
(d) Deny payment to a nursing home for any Medicaid
resident admitted after notice to deny payment. Residents
who are Medicaid recipients shall not be responsible for payment when the department takes action under this subsection;
(e) Appoint temporary management as provided in subsection (7) of this section.
(2) The department may suspend, revoke, or refuse to
renew a license, assess monetary penalties of a civil nature, or
both, in any case in which it finds that the licensee, or any
partner, officer, director, owner of five percent or more of the
assets of the nursing home, or managing employee:
(a) Operated a nursing home without a license or under a
revoked or suspended license; or
(b) Knowingly or with reason to know made a false
statement of a material fact in his application for license or
any data attached thereto, or in any matter under investigation
by the department; or
(c) Refused to allow representatives or agents of the
department to inspect all books, records, and files required to
be maintained or any portion of the premises of the nursing
home; or
(d) Willfully prevented, interfered with, or attempted to
impede in any way the work of any duly authorized representative of the department and the lawful enforcement of any
provision of this chapter or of chapter 74.42 RCW; or
(e) Willfully prevented or interfered with any representative of the department in the preservation of evidence of any
violation of any of the provisions of this chapter or of chapter
74.42 RCW or the standards, rules, and regulations adopted
under them; or
(f) Failed to report patient abuse or neglect in violation
of chapter 70.124 RCW; or
(g) Fails to pay any civil monetary penalty assessed by
the department pursuant to this chapter within ten days after
such assessment becomes final.
(3) The department shall deny payment to a nursing
home having a Medicaid contract with respect to any Medicaid-eligible individual admitted to the nursing home when:
(a) The department finds the nursing home not in compliance with the requirements of Title XIX of the social security act, as amended, and regulations promulgated thereunder, and the facility has not complied with such requirements
within three months; in such case, the department shall deny
payment until correction has been achieved; or
(b) The department finds on three consecutive standard
surveys that the nursing home provided substandard quality
of care; in such case, the department shall deny payment for
new admissions until the facility has demonstrated to the satisfaction of the department that it is in compliance with Medicaid requirements and that it will remain in compliance with
such requirements.
(2004 Ed.)
Nursing Homes
(4)(a) Civil penalties collected under this section or
under chapter 74.42 RCW shall be deposited into a special
fund administered by the department to be applied to the protection of the health or property of residents of nursing homes
found to be deficient, including payment for the costs of relocation of residents to other facilities, maintenance of operation of a facility pending correction of deficiencies or closure,
and reimbursement of residents for personal funds lost.
(b) Civil monetary penalties, if imposed, may be
assessed and collected, with interest, for each day a nursing
home is or was out of compliance. Civil monetary penalties
shall not exceed three thousand dollars per violation. Each
day upon which the same or a substantially similar action
occurs is a separate violation subject to the assessment of a
separate penalty.
(c) Any civil penalty assessed under this section or chapter 74.46 RCW shall be a nonreimbursable item under chapter 74.46 RCW.
(5)(a) The department shall order stop placement on a
nursing home, effective upon oral or written notice, when the
department determines:
(i) The nursing home no longer substantially meets the
requirements of chapter 18.51 or 74.42 RCW, or in the case
of medicaid contractors, the requirements of Title XIX of the
social security act, as amended, and any regulations promulgated under such statutes; and
(ii) The deficiency or deficiencies in the nursing home:
(A) Jeopardize the health and safety of the residents, or
(B) Seriously limit the nursing home's capacity to provide adequate care.
(b) When the department has ordered a stop placement,
the department may approve a readmission to the nursing
home from a hospital when the department determines the
readmission would be in the best interest of the individual
seeking readmission.
(c) The department shall terminate the stop placement
when:
(i) The provider states in writing that the deficiencies
necessitating the stop placement action have been corrected;
and
(ii) The department staff confirms in a timely fashion not
to exceed fifteen working days that:
(A) The deficiencies necessitating stop placement action
have been corrected, and
(B) The provider exhibits the capacity to maintain adequate care and service.
(d) A nursing home provider shall have the right to an
informal review to present written evidence to refute the deficiencies cited as the basis for the stop placement. A request
for an informal review must be made in writing within ten
days of the effective date of the stop placement.
(e) A stop placement shall not be delayed or suspended
because the nursing home requests a hearing pursuant to
chapter 34.05 RCW or an informal review. The stop placement shall remain in effect until:
(i) The department terminates the stop placement; or
(ii) The stop placement is terminated by a final agency
order, after a hearing, pursuant to chapter 34.05 RCW.
(6) If the department determines that an emergency
exists as a result of a nursing home's failure or refusal to comply with requirements of this chapter or, in the case of a Med(2004 Ed.)
18.51.065
icaid contractor, its failure or refusal to comply with Medicaid requirements of Title XIX of the social security act, as
amended, and rules adopted thereunder, the department may
suspend the nursing home's license and order the immediate
closure of the nursing home, the immediate transfer of residents, or both.
(7) If the department determines that the health or safety
of residents is immediately jeopardized as a result of a nursing home's failure or refusal to comply with requirements of
this chapter or, in the case of a medicaid contractor, its failure
or refusal to comply with medicaid requirements of Title XIX
of the social security act, as amended, and rules adopted
thereunder, the department may appoint temporary management to:
(a) Oversee the operation of the facility; and
(b) Ensure the health and safety of the facilities residents
while:
(i) Orderly closure of the facility occurs; or
(ii) The deficiencies necessitating temporary management are corrected.
(8) The department shall by rule specify criteria as to
when and how the sanctions specified in this section shall be
applied. Such criteria shall provide for the imposition of
incrementally more severe penalties for deficiencies that are
repeated, uncorrected, pervasive, or present a threat to the
health, safety, or welfare of the residents. [1989 c 372 § 8;
1987 c 476 § 23; 1981 1st ex.s. c 2 § 18; 1979 ex.s. c 228 §
10; 1975 1st ex.s. c 99 § 2; 1953 c 160 § 5; 1951 c 117 § 7.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.065
18.51.065 Penalties—Hearing (as amended by 1989 c 175). ((All
orders of the department denying, suspending, or revoking the license or
assessing a monetary penalty shall become final twenty days after the same
has been served upon the applicant or licensee unless a hearing is requested.
All hearings hereunder and judicial review of such determinations shall be in
accordance with the administrative procedure act, chapter 34.04 RCW.))
RCW 43.20A.205 governs notice of a license denial, revocation, suspension,
or modification and provides the right to an adjudicative proceeding. RCW
43.20A.215 governs notice of a civil fine and provides the right to an adjudicative proceeding. [1989 c 175 § 64; 1981 1st ex.s. c 2 § 19; 1975 1st ex.s.
c 99 § 16.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.51.065
18.51.065 Penalties—Hearing (as amended by 1989 c 372). (1) All
orders of the department denying, suspending, or revoking the license or
assessing a monetary penalty shall become final twenty days after the same
has been served upon the applicant or licensee unless a hearing is requested.
All orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or license suspension, shall be
effective immediately upon notice. Orders of the department imposing denial
of payment shall become final twenty days after the same has been served,
unless a hearing is requested, except that such orders shall be effective
immediately upon notice and pending any hearing when the department
determines the deficiencies jeopardize the health and safety of the residents
or seriously limit the nursing home's capacity to provide adequate care. All
hearings hereunder and judicial review of such determinations shall be in
accordance with the administrative procedure act, chapter ((34.04)) 34.05
RCW, except that all orders of the department imposing stop placement,
temporary management, emergency closure, emergency transfer, or license
suspension shall be effective pending any hearing, and except that chapter
34.05 RCW shall have no application to receivership, which is instituted by
direct petition to superior court as provided for in RCW 18.51.410 through
18.51.520. [1989 c 372 § 9; 1981 1st ex.s. c 2 § 19; 1975 1st ex.s. c 99 § 16.]
Reviser's note: RCW 18.51.065 was amended twice during the 1989
legislative session, each without reference to the other. For rule of construc[Title 18 RCW—page 137]
18.51.067
Title 18 RCW: Businesses and Professions
tion concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.067
18.51.067 License suspension—Noncompliance with
support order—Reissuance. The department shall immediately suspend the license of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services, division of [child] support, as a person
who is not in compliance with a child support order or a *residential or visitation order. If the person has continued to
meet all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the
department's receipt of a release issued by the division of
child support stating that the person is in compliance with the
order. [1997 c 58 § 824.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.51.070
18.51.070 Rules. The department, after consultation
with the nursing home advisory council and the board of
health, shall adopt, amend, and promulgate such rules, regulations, and standards with respect to all nursing homes to be
licensed hereunder as may be designed to further the accomplishment of the purposes of this chapter in promoting safe
and adequate medical and nursing care of individuals in nursing homes and the sanitary, hygienic and safe conditions of
the nursing home in the interest of public health, safety, and
welfare. [1979 ex.s. c 211 § 64; 1951 c 117 § 8.]
Effective date—1979 ex.s. c 211 § 64: "Section 64 of this 1979 act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 30, 1979]." [1979 ex.s. c 211
§ 71.]
18.51.091
18.51.091 Inspection of nursing homes and community-based services—Notice of violations—Approval of
alterations or new facilities. The department shall make or
cause to be made at least one inspection of each nursing home
prior to license renewal and shall inspect community-based
services as part of the licensing renewal survey. The inspection shall be made without providing advance notice of it.
Every inspection may include an inspection of every part of
the premises and an examination of all records, methods of
administration, the general and special dietary and the stores
and methods of supply. Those nursing homes that provide
community-based care shall establish and maintain separate
and distinct accounting and other essential records for the
purpose of appropriately allocating costs of the providing of
such care: PROVIDED, That such costs shall not be considered allowable costs for reimbursement purposes under chapter 74.46 RCW. Following such inspection or inspections,
[Title 18 RCW—page 138]
written notice of any violation of this law or the rules and regulations promulgated hereunder, shall be given the applicant
or licensee and the department. The notice shall describe the
reasons for the facility's noncompliance. The department may
prescribe by regulations that any licensee or applicant desiring to make specified types of alterations or additions to its
facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit its
plans and specifications therefor to the department for preliminary inspection and approval or recommendations with
respect to compliance with the regulations and standards
herein authorized. [1987 c 476 § 24; 1983 c 236 § 2; 1981
2nd ex.s. c 11 § 3; 1979 ex.s. c 211 § 63.]
Construction—1983 c 236: See note following RCW 18.51.010.
Effective date—1979 ex.s. c 211: See RCW 74.42.920.
Nursing home standards: Chapter 74.42 RCW.
18.51.140
18.51.140 Fire protection—Duties of chief of the
Washington state patrol. Standards for fire protection and
the enforcement thereof, with respect to all nursing homes to
be licensed hereunder, shall be the responsibility of the chief
of the Washington state patrol, through the director of fire
protection, who shall adopt such recognized standards as may
be applicable to nursing homes for the protection of life
against the cause and spread of fire and fire hazards. The
department upon receipt of an application for a license, shall
submit to the chief of the Washington state patrol, through
the director of fire protection, in writing, a request for an
inspection, giving the applicant's name and the location of the
premises to be licensed. Upon receipt of such a request, the
chief of the Washington state patrol, through the director of
fire protection, or his or her deputy, shall make an inspection
of the nursing home to be licensed, and if it is found that the
premises do not comply with the required safety standards
and fire regulations as promulgated by the chief of the Washington state patrol, through the director of fire protection, he
or she shall promptly make a written report to the nursing
home and the department as to the manner and time allowed
in which the premises must qualify for a license and set forth
the conditions to be remedied with respect to fire regulations.
The department, applicant or licensee shall notify the chief of
the Washington state patrol, through the director of fire protection, upon completion of any requirements made by him or
her, and the chief of the Washington state patrol, through the
director of fire protection, or his or her deputy, shall make a
reinspection of such premises. Whenever the nursing home to
be licensed meets with the approval of the chief of the Washington state patrol, through the director of fire protection, he
or she shall submit to the department, a written report approving same with respect to fire protection before a full license
can be issued. The chief of the Washington state patrol,
through the director of fire protection, shall make or cause to
be made inspections of such nursing homes at least every
eighteen months.
In cities which have in force a comprehensive building
code, the provisions of which are determined by the chief of
the Washington state patrol, through the director of fire protection, to be equal to the minimum standards of the code for
nursing homes adopted by the chief of the Washington state
patrol, through the director of fire protection, the chief of the
(2004 Ed.)
Nursing Homes
fire department, provided the latter is a paid chief of a paid
fire department, shall make the inspection with the chief of
the Washington state patrol, through the director of fire protection, or his or her deputy and they shall jointly approve the
premises before a full license can be issued. [1995 1st sp.s. c
18 § 43; 1995 c 369 § 6; 1986 c 266 § 83; 1953 c 160 § 9;
1951 c 117 § 15.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
18.51.145
18.51.145 Building inspections—Authority of chief of
the Washington state patrol. Inspections of nursing homes
by local authorities shall be consistent with the requirements
of chapter 19.27 RCW, the state building code. Findings of a
serious nature shall be coordinated with the department and
the chief of the Washington state patrol, through the director
of fire protection, for determination of appropriate actions to
ensure a safe environment for nursing home residents. The
chief of the Washington state patrol, through the director of
fire protection, shall have exclusive authority to determine
appropriate corrective action under this section. [1995 c 369
§ 7; 1986 c 266 § 84; 1983 1st ex.s. c 67 § 45; 1981 1st ex.s.
c 2 § 16.]
Effective date—1995 c 369: See note following RCW 43.43.930.
18.51.200
ognized church or religious denomination, or for any nursing
home or institution operated for the exclusive care of members of a convent as defined in RCW 84.36.800 or rectory,
monastery, or other institution operated for the care of members of the clergy. [1977 c 48 § 1; 1951 c 117 § 21.]
18.51.180
18.51.180 Out-patient services—Authorized—
Defined. A nursing home may, pursuant to rules and regulations adopted by the department of social and health services,
offer out-patient services to persons who are not otherwise
patients at such nursing home. Any certified nursing home
offering out-patient services may receive payments from the
federal medicare program for such services as are permissible
under that program.
Out-patient services may include any health or social
care needs, except surgery, that could feasibly be offered on
an out-patient basis. [1973 1st ex.s. c 71 § 1.]
18.51.185
18.51.185 Out-patient services—Cost studies—Vendor rates. The department of social and health services shall
assist the nursing home industry in researching the costs of
out-patient services allowed under RCW 18.51.180. Such
cost studies shall be utilized by the department in the determination of reasonable vendor rates for nursing homes offering
such services to insure an adequate return to the nursing
homes and a cost savings to the state as compared to the cost
of institutionalization. [1973 1st ex.s. c 71 § 2.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1983 1st ex.s. c 67: See RCW 74.46.905.
Effective dates—1983 1st ex.s. c 67: See note following RCW
74.46.901.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
Conflict with federal requirements and this section: RCW 74.46.840.
18.51.150
18.51.150 Operating without license—Penalty. Any
person operating or maintaining any nursing home without a
license under this chapter shall be guilty of a misdemeanor
and each day of a continuing violation after conviction shall
be considered a separate offense. [1951 c 117 § 16.]
18.51.160
18.51.160 Operating without license—Injunction.
Notwithstanding the existence or use of any other remedy,
the department, may, in the manner provided by law, upon
the advice of the attorney general who shall represent the
department in the proceedings, maintain an action in the
name of the state for an injunction or other process against
any person to restrain or prevent the operation or maintenance of a nursing home without a license under this chapter.
[1951 c 117 § 17.]
Injunctions: Chapter 7.40 RCW.
18.51.170
18.51.170 Application of chapter to homes or institutions operated by certain religious organizations. Nothing
in this chapter or the rules and regulations adopted pursuant
thereto shall be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any nursing home or institution conducted
for those who rely upon treatment by prayer or spiritual
means in accordance with the creed or tenets of any well-rec(2004 Ed.)
18.51.190
18.51.190 Complaint of violation—Request for
inspection—Notice—Confidentiality. Any person may
request an inspection of any nursing home subject to licensing under this chapter in accordance with the provisions of
this chapter by giving notice to the department of an alleged
violation of applicable requirements of state law. The complainant shall be encouraged to submit a written, signed complaint following a verbal report. The substance of the complaint shall be provided to the licensee no earlier than at the
commencement of the inspection. Neither the substance of
the complaint provided the licensee nor any copy of the complaint or record published, released, or otherwise made available to the licensee shall disclose the name of any individual
complainant or other person mentioned in the complaint,
except the name or names of any duly authorized officer,
employee, or agent of the department conducting the investigation or inspection pursuant to this chapter, unless such
complainant specifically requests the release of such name or
names. [1981 1st ex.s. c 2 § 20; 1975 1st ex.s. c 99 § 4.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.200
18.51.200 Preliminary review of complaint—On-site
investigation. Upon receipt of a complaint, the department
shall make a preliminary review of the complaint. Unless the
department determines that the complaint is wilfully intended
to harass a licensee or is without any reasonable basis, or
unless the department has sufficient information that corrective action has been taken, it shall make an on-site investigation within a reasonable time after the receipt of the complaint or otherwise ensure complaints are responded to. In
either event, the complainant shall be promptly informed of
[Title 18 RCW—page 139]
18.51.210
Title 18 RCW: Businesses and Professions
the department's proposed course of action. If the complainant requests the opportunity to do so, the complainant or his
representative, or both, may be allowed to accompany the
inspector to the site of the alleged violations during his tour
of the facility, unless the inspector determines that the privacy of any patient would be violated thereby. [1981 1st ex.s.
c 2 § 21; 1975 1st ex.s. c 99 § 5.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.210
18.51.210 Authority to enter and inspect nursing
home—Advance notice—Defense. (1) Any duly authorized
officer, employee, or agent of the department may enter and
inspect any nursing home, including, but not limited to, interviewing residents and reviewing records, at any time to
enforce any provision of this chapter. Inspections conducted
pursuant to complaints filed with the department shall be
conducted in such a manner as to ensure maximum effectiveness. No advance notice shall be given of any inspection conducted pursuant to this chapter unless previously and specifically authorized by the secretary or required by federal law.
(2) Any public employee giving such advance notice in
violation of this section shall be suspended from all duties
without pay for a period of not less than five nor more than
fifteen days.
(3) In any hearing held pursuant to this chapter, it shall
be a defense to a violation relating to the standard of care to
be afforded public patients to show that the department does
not provide reasonable funds to meet the cost of reimbursement standard allegedly violated. [1981 1st ex.s. c 2 § 22;
1975 1st ex.s. c 99 § 6.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.220
18.51.220 Retaliation or discrimination against complainant prohibited, penalty—Presumption. (1) No licensee shall discriminate or retaliate in any manner against a
patient or employee in its nursing home on the basis or for the
reason that such patient or employee or any other person has
initiated or participated in any proceeding specified in this
chapter. A licensee who violates this section is subject to a
civil penalty of not more than three thousand dollars.
(2) Any attempt to expel a patient from a nursing home,
or any type of discriminatory treatment of a patient by whom,
or upon whose behalf, a complaint has been submitted to the
department or any proceeding instituted under or related to
this chapter within one year of the filing of the complaint or
the institution of such action, shall raise a rebuttable presumption that such action was taken by the licensee in retaliation for the filing of the complaint. [1987 c 476 § 25; 1975
1st ex.s. c 99 § 7.]
18.51.230
18.51.230 General inspection before license
renewal—Required—Advance notice prohibited. The
department shall, in addition to any inspections conducted
pursuant to complaints filed pursuant to RCW 18.51.190,
conduct at least one general inspection prior to license
renewal of all nursing homes in the state without providing
advance notice of such inspection. Periodically, such inspection shall take place in part between the hours of 7 p.m. and 5
[Title 18 RCW—page 140]
a.m. or on weekends. [1981 2nd ex.s. c 11 § 4; 1975 1st ex.s.
c 99 § 10.]
18.51.240
18.51.240 Alterations or additions—Preliminary
inspection and approval. The department may prescribe by
regulations that any licensee or applicant desiring to make
specific types of alterations or additions to its facilities or to
construct new facilities shall, before commencing such alteration, addition or new construction, submit its plans and
specifications therefor to the department for preliminary
inspection and approval or recommendations with respect to
compliance with the regulations and standards herein authorized. [1981 1st ex.s. c 2 § 23; 1975 1st ex.s. c 99 § 11.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.250
18.51.250 Nursing homes without violations—Public
agencies notified—Priority. On or before February 1st of
each year, the department shall notify all public agencies
which refer patients to nursing homes of all of the nursing
homes in the area found upon inspection within the previous
twelve-month period to be without violations. Public agencies shall give priority to such nursing homes in referring
publicly assisted patients. [1975 1st ex.s. c 99 § 12.]
18.51.260
18.51.260 Posting citations for violation of RCW
18.51.060. Each citation for a violation specified in RCW
18.51.060 which is issued pursuant to this section and which
has become final, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the
director, until the violation is corrected to the satisfaction of
the department up to a maximum of one hundred twenty
days. The citation or copy shall be posted in a place or places
in plain view of the patients in the nursing home, persons visiting those patients, and persons who inquire about placement
in the facility. [1987 c 476 § 26; 1975 1st ex.s. c 99 § 13.]
18.51.270
18.51.270 Annual report of citations—Publication—
Contents. The department shall annually publish a report
listing all licensees by name and address, indicating (1) the
number of citations and the nature of each citation issued to
each licensee during the previous twelve-month period and
the status of any action taken pursuant to each citation,
including penalties assessed, and (2) the nature and status of
action taken with respect to each uncorrected violation for
which a citation is outstanding.
The report shall be available to the public, at cost, at all
offices of the department. [1975 1st ex.s. c 99 § 14.]
18.51.280
18.51.280 Chapter cumulative. The remedies provided by this chapter are cumulative, and shall not be construed as restricting any remedy, provisional or otherwise,
provided by law for the benefit of any party, and no judgment
under this chapter shall preclude any party from obtaining
additional relief based upon the same facts. [1975 1st ex.s. c
99 § 8.]
18.51.290
18.51.290 Writings as public records. Any writing
received, owned, used, or retained by the department in connection with the provisions of this chapter is a public record
(2004 Ed.)
Nursing Homes
and, as such, is open to public inspection. Copies of such
records provided for public inspection shall comply with
RCW 42.17.260(1). The names of duly authorized officers,
employees, or agents of the department shall be included.
[1980 c 184 § 4; 1975 1st ex.s. c 99 § 9.]
Conflict with federal requirements—1980 c 184: See RCW
74.42.630.
18.51.300
18.51.300 Retention and preservation of records of
patients. Unless specified otherwise by the department, a
nursing home shall retain and preserve all records which
relate directly to the care and treatment of a patient for a
period of no less than eight years following the most recent
discharge of the patient; except the records of minors, which
shall be retained and preserved for a period of no less than
three years following attainment of the age of eighteen years,
or ten years following such discharge, whichever is longer.
If a nursing home ceases operations, it shall make immediate arrangements, as approved by the department, for preservation of its records.
The department shall by regulation define the type of
records and the information required to be included in the
records to be retained and preserved under this section; which
records may be retained in photographic form pursuant to
chapter 5.46 RCW. [1995 1st sp.s. c 18 § 44; 1981 1st ex.s. c
2 § 24; 1975 1st ex.s. c 175 § 2.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
18.51.410
(2) The department shall adopt rules for the care, type,
and maintenance of animals in nursing home facilities. [1984
c 127 § 2.]
Intent—1984 c 127: "The legislature finds that the senior citizens of
this state, particularly those living in low-income public housing or in nursing homes, often lead lonely and harsh lives. The legislature recognizes that
the warmth and companionship provided by pets can significantly improve
the quality of senior citizens' lives. This legislation is intended to insure that
senior citizens and persons in nursing homes will not be deprived of access
to pets." [1984 c 127 § 1.]
18.51.350
18.51.350 Conflict with federal requirements. If any
part of this chapter is found to conflict with federal requirements which are a prescribed condition to the allocation of
federal funds to the state, the conflicting part of this chapter
is hereby declared to be inoperative solely to the extent of the
conflict, and such finding or determination shall not affect the
operation of the remainder of this chapter. [1981 2nd ex.s. c
11 § 1.]
18.51.400
18.51.400 Receivership—Legislative findings. The
legislature finds that the closure of a nursing home can have
devastating effects on residents and, under certain circumstances, courts should consider placing nursing homes in
receivership. As receivership has long existed as a remedy to
preserve assets subject to litigation and to reorganize troubled
affairs, the legislature finds that receivership is to be used to
correct problems associated with either the disregard of residents' health, safety, or welfare or with the possible closure of
the nursing home for any reason. [1987 c 476 § 9.]
18.51.410
18.51.310
18.51.310 Comprehensive plan for utilization
review—Licensing standards—Regulations. (1) The
department shall establish, in compliance with federal and
state law, a comprehensive plan for utilization review as necessary to safeguard against unnecessary utilization of care
and services and to assure quality care and services provided
to nursing facility residents.
(2) The department shall adopt licensing standards suitable for implementing the civil penalty system authorized
under this chapter and chapter 74.46 RCW.
(3) No later than July 1, 1981, the department shall adopt
all those regulations which meet all conditions necessary to
fully implement the civil penalty system authorized by this
chapter, chapter 74.42 RCW, and chapter 74.46 RCW. [1991
sp.s. c 8 § 2; 1981 2nd ex.s. c 11 § 5; 1981 1st ex.s. c 2 § 12;
1980 c 184 § 5; 1979 ex.s. c 211 § 67; 1977 ex.s. c 244 § 1.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Severability—Effective dates—1981 1st ex.s. c 2: See notes following RCW 18.51.010.
Conflict with federal requirements—1980 c 184: See RCW
74.42.630.
Effective date—1979 ex.s. c 211: See RCW 74.42.920.
18.51.320
18.51.320 Contact with animals—Rules. (1) A nursing home licensee shall give each patient a reasonable opportunity to have regular contact with animals. The licensee may
permit appropriate animals to live in the facilities and may
permit appropriate animals to visit if the animals are properly
supervised.
(2004 Ed.)
18.51.410 Receivership—Petition to establish—
Grounds. A petition to establish a receivership shall allege
that one or more of the following conditions exist and that the
current operator has demonstrated an inability or unwillingness to take actions necessary to immediately correct the conditions alleged:
(1) The facility is operating without a license;
(2) The facility has not given the department prior written notice of its intent to close and has not made arrangements within thirty days before closure for the orderly transfer of its residents: PROVIDED, That if the facility has given
the department prior written notice but the department has
not acted with all deliberate speed to transfer the facility's residents, this shall bar the filing of a petition under this subsection;
(3) The health, safety, or welfare of the facility's residents is immediately jeopardized;
(4) The facility demonstrates a pattern and practice of
violating chapter 18.51 or 74.42 RCW and rules adopted
thereunder such that the facility has demonstrated a repeated
inability to maintain minimum patient care standards; or
(5) The facility demonstrates a pattern or practice of violating a condition level as defined by the federal government
under the authority of Title XIX of the social security act.
The department may file a petition in the superior court
in the county in which the nursing home is located or in the
superior court of Thurston county. The current or former
operator or licensee and the owner of the nursing home, if different than the operator or licensee, shall be made a party to
the action. The court shall grant the petition if it finds, by a
[Title 18 RCW—page 141]
18.51.420
Title 18 RCW: Businesses and Professions
preponderance of the evidence, that one or more of the conditions listed in subsections (1) through (5) of this section exists
and, subject to RCW 18.51.420, that the current operator is
unable or unwilling to take actions necessary to immediately
correct the conditions. [1989 c 372 § 10; 1987 c 476 § 10.]
18.51.420
18.51.420 Receivership—Defenses to petition. It shall
be a defense to the petition to establish a receivership that the
conditions alleged do not in fact exist. It shall not be a
defense to the petition to allege that the respondent did not
possess knowledge of the alleged condition or could not have
been reasonably expected to know about the alleged condition. In a petition that alleges that the health, safety, or welfare of the residents of the facility is at issue, it shall not be a
defense to the petition that the respondent had not been
afforded a reasonable opportunity to correct the alleged condition. [1987 c 476 § 11.]
18.51.430
18.51.430 Receivership—Persons qualified to act as
receiver. A petition for receivership shall include the name
of the candidate for receiver. The department shall maintain a
list of qualified persons to act as receivers, however, no person may be considered to be qualified to be a receiver who:
(1) Is the owner, licensee, or administrator of the facility;
(2) Is affiliated with the facility;
(3) Has a financial interest in the facility at the time the
receiver is appointed; or
(4) Has owned or operated a nursing home that has been
ordered into receivership.
If a receiver is appointed, he or she may be drawn from
the list but need not be, but an appointee shall have experience in providing long-term health care and a history of satisfactory operation of a nursing home. Preference may be
granted to persons expressing an interest in permanent operation of the facility. [1989 c 372 § 3; 1987 c 476 § 12.]
18.51.440
18.51.440 Receivership—Judicial hearing. Upon
receipt of a petition for receivership, the court shall hear the
matter within fourteen days. Temporary relief may be
obtained under chapter 7.40 RCW and other applicable laws.
In all actions arising under RCW 18.51.410 through
18.51.530, the posting of a certified copy of the summons and
petition in a conspicuous place in the nursing home shall constitute service of those documents upon the respondent.
[1989 c 372 § 11; 1987 c 476 § 13.]
18.51.460
18.51.460 Receivership—Termination—Conditions. (1) The receivership shall terminate:
(a) When all deficiencies have been eliminated and the
court determines that the facility has the management capability to ensure continued compliance with all requirements;
or
(b) When all residents have been transferred and the
facility closed.
(2) Upon the termination of a receivership, the court may
impose conditions to assure the continued compliance with
chapters 18.51 and 74.42 RCW, and, in the case of medicaid
contractors, continued compliance with Title XIX of the
social security act, as amended, and regulations promulgated
thereunder. [1989 c 372 § 12; 1987 c 476 § 15.]
18.51.470
18.51.470 Receivership—Accounting of acts and
expenditures by receiver. The receiver shall render to the
court an accounting of acts performed and expenditures made
during the receivership. Nothing in this section relieves a
court-appointed receiver from the responsibility of making
all reports and certifications to the department required by
law and regulation relating to the receiver's operation of the
nursing home, the care of its residents, and participation in
the medicaid program, if any. [1987 c 476 § 16.]
18.51.480
18.51.480 Receivership—Compensation, liability—
Revision of medicaid reimbursement rate. If a receiver is
appointed, the court shall set reasonable compensation for the
receiver to be paid from operating revenues of the nursing
home. The receiver shall be liable in his or her personal
capacity only for negligent acts, intentional acts, or a breach
of a fiduciary duty to either the residents of the facility or the
current or former licensee or owner of the facility.
The department may revise the nursing home's medicaid
reimbursement rate, consistent with reimbursement principles in chapter 74.46 RCW and rules adopted under that
chapter, if revision is necessary to cover the receiver's compensation and other reasonable costs associated with the
receivership and transition of control. Rate revision may also
be granted if necessary to cover start-up costs and costs of
repairs, replacements, and additional staff needed for patient
health, security, or welfare. The property return on investment components of the medicaid rate shall be established for
the receiver consistent with reimbursement principles in
chapter 74.46 RCW. The department may also expedite the
issuance of necessary licenses, contracts, and certifications,
temporary or otherwise, necessary to carry out the purposes
of receivership. [1987 c 476 § 17.]
18.51.450
18.51.450 Receivership—Appointment of receiver.
Upon agreement of the candidate for receiver to the terms of
the receivership and any special instructions of the court, the
court may appoint that person as receiver of the nursing home
if the court determines it is likely that a permanent operator
will be found or conditions will be corrected without undue
risk of harm to the patients. Appointment of a receiver may
be in lieu of or in addition to temporary removal of some or
all of the patients in the interests of their health, security, or
welfare. A receiver shall be appointed for a term not to
exceed six months, but a term may be extended for good
cause shown. [1987 c 476 § 14.]
[Title 18 RCW—page 142]
18.51.490
18.51.490 Receivership—Powers of receiver. Upon
appointment of a receiver, the current or former licensee or
operator and managing agent, if any, shall be divested of possession and control of the nursing home in favor of the
receiver who shall have full responsibility and authority to
continue operation of the home and the care of the residents.
The receiver may perform all acts reasonably necessary to
carry out the purposes of receivership, including, but not limited to:
(1) Protecting the health, security, and welfare of the residents;
(2004 Ed.)
Nursing Homes
(2) Remedying violations of state and federal law and
regulations governing the operation of the home;
(3) Hiring, directing, managing, and discharging all consultants and employees for just cause; discharging the administrator of the nursing home; recognizing collective bargaining agreements; and settling labor disputes;
(4) Receiving and expending in a prudent manner all revenues and financial resources of the home; and
(5) Making all repairs and replacements needed for
patient health, security, and welfare: PROVIDED, That
expenditures for repairs or replacements in excess of five
thousand dollars shall require approval of the court which
shall expedite approval or disapproval for such expenditure.
Upon order of the court, a receiver may not be required
to honor leases, mortgages, secured transactions, or contracts
if the rent, price, or rate of interest was not a reasonable rent,
price, or rate of interest at the time the contract was entered
into or if a material provision of the contract is unreasonable.
[1987 c 476 § 18.]
18.51.500
18.51.500 Receivership—Financial assistance—Use
of revenues and proceeds of facility. Upon order of the
court, the department shall provide emergency or transitional
financial assistance to a receiver not to exceed thirty thousand dollars. The receiver shall file with the court an accounting for any money expended. Any emergency or transitional
expenditure made by the department on behalf of a nursing
home not certified to participate in the Medicaid Title XIX
program shall be recovered from revenue generated by the
facility which revenue is not obligated to the operation of the
facility. An action to recover such sums may be filed by the
department against the former licensee or owner at the time
the expenditure is made, regardless of whether the facility is
certified to participate in the Medicaid Title XIX program or
not.
In lieu of filing an action, the department may file a lien
on the facility or on the proceeds of the sale of the facility.
Such a lien shall take priority over all other liens except for
liens for wages to employees. The owner of the facility shall
be entitled to the proceeds of the facility or the sale of the
facility to the extent that these exceed the liabilities of the
facility, including liabilities to the state, receiver, employees,
and contractors, at the termination of the receivership.
Revenues relating to services provided by the current or
former licensee, operator, or owner and available operating
funds belonging to such licensee, operator, or owner shall be
under the control of the receiver. The receiver shall consult
the court in cases of extraordinary or questionable debts
incurred prior to his or her appointment and shall not have the
power to close the home or sell any assets of the home without prior court approval.
Priority shall be given to debts and expenditures directly
related to providing care and meeting the needs of patients.
Any payment made to the receiver shall discharge the obligation of the payor to the owner of the facility. [1989 c 372 § 4;
1987 c 476 § 19.]
18.51.510
18.51.510 Receivership—State medical assistance. If
the nursing home is providing care to recipients of state medical assistance, the receiver shall become the medicaid con(2004 Ed.)
18.51.540
tractor for the duration of the receivership period and shall
assume all reporting and other responsibilities required by
applicable laws and regulations. The receiver shall be responsible for the refund of medicaid rate payments in excess of
costs during the period of the receivership. [1987 c 476 § 20.]
18.51.520
18.51.520 Receivership—Foreclosures and seizures
not allowed. No seizure, foreclosure, or interference with
nursing home revenues, supplies, real property, improvements, or equipment may be allowed for the duration of the
receivership without prior court approval. [1987 c 476 § 21.]
18.51.530
18.51.530 Notice of change of ownership or management. At least sixty days before the effective date of any
change of ownership, change of operating entity, or change of
management of a nursing home, the current operating entity
shall notify separately and in writing, each resident of the
home or the resident's guardian of the proposed change. The
notice shall include the identity of the proposed new owner,
operating entity, or managing entity and the names,
addresses, and telephone numbers of departmental personnel
to whom comments regarding the change may be directed. If
the proposed new owner, operating entity, or managing entity
is a corporation, the notice shall include the names of all
officers and the registered agent in the state of Washington. If
the proposed new owner, operating entity, or managing entity
is a partnership, the notice shall include the names of all general partners. This section shall apply regardless of whether
the current operating entity holds a medicaid provider contract with the department and whether the operating entity
intends to enter such a contract. [1987 c 476 § 22.]
18.51.540
18.51.540 Cost disclosure to attending physicians.
(1) The legislature finds that the spiraling costs of nursing
home care continue to surmount efforts to contain them,
increasing at approximately twice the inflationary rate. The
causes of this phenomenon are complex. By making nursing
home facilities and care providers more aware of the cost
consequences of care services for consumers, these providers
may be inclined to exercise more restraint in providing only
the most relevant and cost-beneficial services and care, with
a potential for reducing the utilization of those services. The
requirement of the nursing home to inform physicians, consumers, and other care providers of the charges of the services that they order may have a positive effect on containing
health costs.
(2) All nursing home administrators in facilities licensed
under this chapter shall be required to develop and maintain a
written procedure for disclosing patient charges to attending
physicians with admitting privileges. The nursing home
administrator shall have the capability to provide an itemized
list of the charges for all health care services that may be
ordered by a physician. The information shall be made available on request of consumers, or the physicians or other
appropriate health care providers responsible for prescribing
care. [1993 c 492 § 268.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
[Title 18 RCW—page 143]
18.51.550
Title 18 RCW: Businesses and Professions
18.51.550
18.51.550 Investigation of complaints of violations
concerning nursing technicians. The department shall
investigate complaints of violations of RCW 18.79.350 and
18.79.360 by an employer. The department shall maintain
records of all employers that have violated RCW 18.79.350
and 18.79.360. [2003 c 258 § 9.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
home administrators. It is the intent of this chapter that
licensed nursing home administrators continually maintain
(1) the suitable character required and (2) the capacity to consider the available resources and personnel of the facility subject to their authority and come to reasonable decisions
implementing patient care. [1977 ex.s. c 243 § 1; 1970 ex.s.
c 57 § 1.]
18.52.020
18.51.900
18.51.900 Severability—1951 c 117. If any provision
of this act or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect
the provisions or application of this act which can be given
effect without the invalid provisions or application, and to
this end the provisions of this act are declared to be severable.
[1951 c 117 § 22.]
18.51.910
18.51.910 Nursing home advisory council—Termination. The nursing home advisory council and its powers
and duties shall be terminated on June 30, 1992, as provided
in RCW 18.51.911. [1990 c 297 § 3; 1988 c 288 § 4; 1986 c
270 § 3; 1983 c 197 § 24. Formerly RCW 43.131.301.]
18.51.911
18.51.911 Nursing home advisory council—Repeal.
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1993:
(1) Section 11, chapter 117, Laws of 1951, section 1,
chapter 85, Laws of 1971 ex. sess., section 65, chapter 211,
Laws of 1979 ex. sess., section 39, chapter 287, Laws of 1984
and RCW 18.51.100; and
(2) Section 12, chapter 117, Laws of 1951, section 66,
chapter 211, Laws of 1979 ex. sess. and RCW 18.51.110.
[1990 c 297 § 4; 1988 c 288 § 5; 1986 c 270 § 4; 1983 c 197
§ 50. Formerly RCW 43.131.302.]
Chapter 18.52
Chapter 18.52 RCW
NURSING HOME ADMINISTRATORS
Sections
18.52.010
18.52.020
18.52.025
18.52.030
18.52.040
18.52.050
18.52.061
18.52.066
18.52.071
18.52.110
18.52.130
18.52.140
18.52.160
18.52.900
Short title—Intent.
Definitions.
Authority of secretary of health.
Management and supervision of nursing homes by licensed
administrators required.
Board of nursing home administrators—Created—Membership.
Board—Generally.
Board—Authority.
Application of uniform disciplinary act.
Qualifications of licensees.
License renewal.
Recognition of out-of-state licensees.
Penalty for unlicensed acts.
Examinations—Times and places—Meetings of board.
Severability—1970 ex.s. c 57.
Labor regulations, collective bargaining—Health care activities: Chapter
49.66 RCW.
18.52.020 Definitions. When used in this chapter,
unless the context otherwise clearly requires:
(1) "Board" means the state board of nursing home
administrators representative of the professions and institutions concerned with the care of the chronically ill and infirm
aged patients.
(2) "Secretary" means the secretary of health or the secretary's designee.
(3) "Nursing home" means any facility or portion thereof
licensed under state law as a nursing home.
(4) "Nursing home administrator" means an individual
qualified by education, experience, training, and examination
to administer a nursing home. A nursing home administrator
administering a nursing home must be in active administrative charge as defined by the board. Nothing in this definition
or this chapter shall be construed to prevent any person, so
long as he or she is otherwise qualified, from obtaining and
maintaining a license even though he or she has not administered or does not continue to administer a nursing home.
[1992 c 53 § 1; 1991 c 3 § 116; 1979 c 158 § 44; 1970 ex.s. c
57 § 2.]
18.52.025
18.52.025 Authority of secretary of health. In addition to any other authority provided by law, the secretary
shall have the following authority:
(1) To set all fees required in this chapter in accordance
with RCW 43.70.250 which may include fees for approval of
continuing competency, supervision of practical experience,
all applications, verification, renewal, examination, and late
penalties;
(2) To establish forms necessary to administer this chapter;
(3) To issue a license to any applicant who has met the
education, training, and examination requirements for licensure and deny a license to applicants who do not meet the
minimum qualifications for licensure, except that proceedings concerning the denial of licenses based on unprofessional conduct or impaired practice shall be governed by the
uniform disciplinary act, chapter 18.130 RCW;
(4) To employ clerical, administrative, and investigative
staff as needed to implement and administer this chapter and
to employ individuals including those licensed under this
chapter to serve as examiners or consultants as necessary to
implement and administer this chapter; and
(5) To maintain the official department record of all
applicants and licensees. [1992 c 53 § 2.]
18.52.010
18.52.010 Short title—Intent. This chapter shall be
known as the "Nursing Home Administrator Licensing Act"
and is intended to establish and provide for the enforcement
of standards for the licensing of nursing home administrators.
The legislature finds that the quality of patient care in nursing
homes is directly related to the competence of the nursing
[Title 18 RCW—page 144]
18.52.030
18.52.030 Management and supervision of nursing
homes by licensed administrators required. Nursing
homes operating within this state shall be under the active,
overall administrative charge and supervision of an on-site
full-time administrator licensed as provided in this chapter.
(2004 Ed.)
Nursing Home Administrators
No person acting in any capacity, unless the holder of a nursing home administrator's license issued under this chapter,
shall be charged with the overall responsibility to make decisions or direct actions involved in managing the internal
operation of a nursing home, except as specifically delegated
in writing by the administrator to identify a responsible person to act on the administrator's behalf when the administrator is absent. The administrator shall review the decisions
upon the administrator's return and amend the decisions if
necessary. The board shall define by rule the parameters for
on-site full-time administrators in nursing homes with small
resident populations and nursing homes in rural areas, or separately licensed facilities collocated on the same campus.
[2000 c 93 § 6; 1992 c 53 § 3; 1970 ex.s. c 57 § 3.]
18.52.040
18.52.040 Board of nursing home administrators—
Created—Membership. The state board of nursing home
administrators shall consist of nine members appointed by
the governor. Four members shall be persons licensed under
this chapter who have at least four years actual experience in
the administration of a licensed nursing home in this state
immediately preceding appointment to the board and who are
not employed by the state or federal government.
Four members shall be representatives of the health care
professions providing medical or nursing services in nursing
homes who are privately or self-employed; or shall be persons employed by educational institutions who have special
knowledge or expertise in the field of health care administration, health care education or long-term care or both, or care
of the aged and chronically ill.
One member shall be a resident of a nursing home or a
family member of a resident or a person eligible for medicare. No member who is a nonadministrator representative
shall have any direct or family financial interest in nursing
homes while serving as a member of the board. The governor
shall consult with and seek the recommendations of the
appropriate statewide business and professional organizations and societies primarily concerned with long term health
care facilities in the course of considering his appointments
to the board. Board members currently serving shall continue
to serve until the expiration of their appointments. [1992 c 53
§ 4; 1975 1st ex.s. c 97 § 1; 1970 ex.s. c 57 § 4.]
18.52.050
18.52.050 Board—Generally. Members of the board
shall be citizens of the United States and residents of this
state. All administrator members of the board shall be holders
of licenses under this chapter. The terms of all members shall
be five years. Any board member may be removed for just
cause including a finding of fact of unprofessional conduct or
impaired practice. The governor may appoint a new member
to fill any vacancy on the board for the remainder of the unexpired term. No board member may serve more than two consecutive terms, whether full or partial. Board members shall
serve until their successors are appointed. Board members
shall be compensated in accordance with RCW 43.03.240
and shall be reimbursed for travel expenses as provided in
RCW 43.03.050 and 43.03.060. The board may elect annually a chair and vice-chair to direct the meetings of the board.
The board shall meet at least four times each year and may
(2004 Ed.)
18.52.071
hold additional meetings as called by the secretary or the
chair. [1992 c 53 § 5; 1970 ex.s. c 57 § 5.]
18.52.061
18.52.061 Board—Authority. In addition to any
authority provided by law, the board shall have the following
authority:
(1) To adopt rules in accordance with chapter 34.05
RCW necessary to implement this chapter;
(2) To prepare and administer or approve the preparation
and administration of examinations for licensure;
(3) To conduct a hearing on an appeal of a denial of
license based on the applicant's failure to meet the minimum
qualifications for licensure. The hearing shall be conducted
pursuant to chapter 34.05 RCW;
(4) To establish by rule the procedures for an appeal of
an examination failure;
(5) To adopt rules implementing a continuing competency program;
(6) To issue subpoenas, statements of charges, statements of intent to deny licenses, and orders, and to delegate
in writing to a designee to issue subpoenas; and
(7) To issue temporary license permits under circumstances defined by the board. [1992 c 53 § 6.]
18.52.066
18.52.066 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
32.]
Severability—1987 c 150: See RCW 18.122.901.
18.52.071
18.52.071 Qualifications of licensees. The department
shall issue a license to any person applying for a nursing
home administrator's license who meets the following
requirements:
(1) Successful completion of the requirements for a baccalaureate degree from a recognized institution of higher
learning and any federal requirements;
(2) Successful completion of a practical experience
requirement as determined by the board;
(3) Successful completion of examinations administered
or approved by the board, or both, which shall be designed to
test the candidate's competence to administer a nursing home;
(4) At least twenty-one years of age; and
(5) Not having engaged in unprofessional conduct as
defined in RCW 18.130.180 or being unable to practice with
reasonable skill and safety as defined in RCW 18.130.170.
The board shall establish by rule what constitutes adequate
proof of meeting the above requirements.
A limited license indicating the limited extent of authority to administer institutions conducted by and for those who
rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church
or religious denomination shall be issued to individuals demonstrating membership in such church or denomination.
However, nothing in this chapter shall be construed to require
an applicant employed by such institution to demonstrate
proficiency in any medical techniques or to meet any medical
educational qualifications or medical standards not in accord
[Title 18 RCW—page 145]
18.52.110
Title 18 RCW: Businesses and Professions
with the remedial care and treatment provided in such institutions. [1996 c 271 § 1; 1992 c 53 § 7.]
to this end the provisions of this act are declared to be severable. [1970 ex.s. c 57 § 20.]
18.52.110
18.52.110 License renewal. (1) Every holder of a nursing home administrator's license shall renew that license by
fulfilling the continuing competency requirement and by
complying with administrative procedures, administrative
requirements, and fees as determined according to RCW
43.70.250 and 43.70.280. The board may prescribe rules for
maintenance of a license for temporary or permanent withdrawal or retirement from the active practice of nursing home
administration.
(2) A condition of renewal shall be the presentation of
proof by the applicant that the board requirement for continuing competency related to the administration of nursing
homes has been met. [1996 c 191 § 26; 1992 c 53 § 8; 1991
c 3 § 120; 1984 c 279 § 69; 1975 1st ex.s. c 30 § 54; 1971
ex.s. c 266 § 9; 1970 ex.s. c 57 § 11.]
Severability—1984 c 279: See RCW 18.130.901.
Chapter 18.52C
Chapter 18.52C RCW
NURSING POOLS
Sections
18.52C.010
18.52C.020
18.52C.030
18.52C.040
Legislative intent.
Definitions.
Registration required.
Duties of nursing pool—Application of uniform disciplinary
act—Criminal background checks.
18.52C.050 Registration prerequisite to state reimbursement.
18.52C.010
18.52C.010 Legislative intent. The legislature intends
to protect the public's right to high quality health care by
assuring that nursing pools employ, procure or refer competent and qualified health care or long-term care personnel,
and that such personnel are provided to health care facilities,
agencies, or individuals in a way to meet the needs of residents and patients. [1997 c 392 § 526; 1988 c 243 § 1.]
18.52.130
18.52.130 Recognition of out-of-state licensees. The
secretary may issue a nursing home administrator's license to
anyone who holds a current administrator's license from
another jurisdiction upon receipt of an application and complying with administrative procedures, administrative
requirements, and fees determined according to RCW
43.70.250 and 43.70.280, if the standards for licensing in
such other jurisdiction are substantially equivalent to those
prevailing in this state, and that the applicant is otherwise
qualified as determined by the board. [1996 c 191 § 27; 1992
c 53 § 9; 1991 c 3 § 121; 1985 c 7 § 50; 1975 1st ex.s. c 30 §
55; 1970 ex.s. c 57 § 13.]
18.52.140
18.52.140 Penalty for unlicensed acts. It shall be
unlawful and constitute a gross misdemeanor for any person
to act or serve in the capacity of a nursing home administrator
unless he or she is the holder of a nursing home administrator's license issued in accordance with the provisions of this
chapter: PROVIDED HOWEVER, That persons carrying
out functions and duties delegated by a licensed administrator
as defined in RCW 18.52.030 shall not be construed to be
committing any unlawful act under this chapter. [1992 c 53 §
10; 1970 ex.s. c 57 § 14.]
18.52.160
18.52.160 Examinations—Times and places—Meetings of board. The board shall meet as often as may be necessary to carry out the duties of the board under this chapter.
Examinations shall be administered at intervals not less than
semiannually and at such times and places as may be determined by the board. There shall not be a limit upon the number of times a candidate may take the required examination.
[1984 c 279 § 71; 1970 ex.s. c 57 § 17.]
Severability—1984 c 279: See RCW 18.130.901.
18.52.900
18.52.900 Severability—1970 ex.s. c 57. If any provision of this 1970 act, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall not
affect other provisions or applications of the act which can be
given effect without the invalid provision or application, and
[Title 18 RCW—page 146]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
18.52C.020
18.52C.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Secretary" means the secretary of the department of
health.
(2) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice
agency, boarding home, group home, or other entity for the
delivery of health care or long-term care services, including
chore services provided under chapter 74.39A RCW.
(3) "Nursing home" means any nursing home facility
licensed pursuant to chapter 18.52 RCW.
(4) "Nursing pool" means any person engaged in the
business of providing, procuring, or referring health care or
long-term care personnel for temporary employment in
health care facilities, such as licensed nurses or practical
nurses, nursing assistants, and chore service providers.
"Nursing pool" does not include an individual who only
engages in providing his or her own services.
(5) "Person" includes an individual, firm, corporation,
partnership, or association.
(6) "Adult family home" means a residential home
licensed pursuant to chapter 70.128 RCW. [2001 c 319 § 3;
1997 c 392 § 527; 1991 c 3 § 130; 1988 c 243 § 2.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
18.52C.030
18.52C.030 Registration required. A person who
operates a nursing pool shall register the pool with the secretary. Each separate location of the business of a nursing pool
shall have a separate registration.
The secretary shall establish administrative procedures,
administrative requirements, and fees as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 28; 1991 c 3 § 131;
1988 c 243 § 3.]
(2004 Ed.)
Optometry
18.52C.040
18.52C.040 Duties of nursing pool—Application of
uniform disciplinary act—Criminal background checks.
(1) The nursing pool shall document that each temporary
employee or referred independent contractor provided or
referred to health care facilities currently meets the applicable minimum state credentialing requirements.
(2) The nursing pool shall not require, as a condition of
employment or referral, that employees or independent contractors of the nursing pool recruit new employees or independent contractors for the nursing pool from among the permanent employees of the health care facility to which the
nursing pool employee or independent contractor has been
assigned or referred.
(3) The nursing pool shall carry professional and general
liability insurance to insure against any loss or damage occurring, whether professional or otherwise, as the result of the
negligence of its employees, agents or independent contractors for acts committed in the course of their employment
with the nursing pool: PROVIDED, That a nursing pool that
only refers self-employed, independent contractors to health
care facilities shall carry professional and general liability
insurance to cover its own liability as a nursing pool which
refers self-employed, independent contractors to health care
facilities: AND PROVIDED FURTHER, That it shall
require, as a condition of referral, that self-employed, independent contractors carry professional and general liability
insurance to insure against loss or damage resulting from
their own acts committed in the course of their own employment by a health care facility.
(4) The uniform disciplinary act, chapter 18.130 RCW,
shall govern the issuance and denial of registration and the
discipline of persons registered under this chapter. The secretary shall be the disciplinary authority under this chapter.
(5) The nursing pool shall conduct a criminal background check on all employees and independent contractors
as required under RCW 43.43.842 prior to employment or
referral of the employee or independent contractor. [1997 c
392 § 528; 1991 c 3 § 132; 1988 c 243 § 4.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
18.52C.050
18.52C.050 Registration prerequisite to state reimbursement. No state agency shall allow reimbursement for
the use of temporary health care personnel from nursing
pools that are not registered pursuant to this chapter: PROVIDED, That individuals directly retained by a health care
facility without intermediaries may be reimbursed. [1988 c
243 § 5.]
Chapter 18.53
Chapter 18.53 RCW
OPTOMETRY
Sections
18.53.003
18.53.005
18.53.010
18.53.021
18.53.030
18.53.035
18.53.040
18.53.050
(2004 Ed.)
Regulation of health care professions—Criteria.
Legislative finding and declaration.
Definition—Scope of practice.
License required.
Temporary permit—When issued.
Credentialing by endorsement.
Exemptions—Exceptions—Limitation.
License renewal.
18.53.010
18.53.060
18.53.070
18.53.100
18.53.101
18.53.140
18.53.145
18.53.150
18.53.160
18.53.165
18.53.170
18.53.175
18.53.180
18.53.185
18.53.190
18.53.200
18.53.900
18.53.901
18.53.910
18.53.911
18.53.912
18.53.920
License applicants—Eligibility—Qualifications—Examinations—Exception.
Licensing—Procedures, requirements, fees.
Disciplinary action—Grounds.
Application of uniform disciplinary act.
Unlawful acts.
Unlawful advertising of indemnity benefits.
Violations generally—Penalty.
Public aid ocular services—Discrimination prohibited.
Discrimination prohibited—Legislative finding and declaration.
Discrimination prohibited—Acceptance of services by state
agencies and subdivisions.
Discrimination prohibited—State agencies and subdivisions—
Officials and employees.
Discrimination prohibited—Agreements or contracts by state
and subdivisions.
Discrimination prohibited—Costs immaterial.
Discrimination prohibited—Application of law.
Privileged communications.
Short title—1919 c 144.
Severability—1973 c 48.
Severability—1919 c 144.
Severability—1975 1st ex.s. c 69.
Severability—1981 c 58.
Repeal—1919 c 144.
Reviser's note: Certain powers and duties of the department of licensing and the director of licensing transferred to the department of health and
the secretary of health. See RCW 43.70.220.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Homeless person vision services: RCW 43.20A.800 through 43.20A.850.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.53.003
18.53.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.53.005
18.53.005 Legislative finding and declaration. The
legislature finds and declares that the practice of optometry is
a learned profession and affects the health, welfare and safety
of the people of this state, and should be regulated in the public interest and limited to qualified persons licensed and
authorized to practice under the provisions of chapters 18.53
and 18.54 RCW. [1981 c 58 § 1; 1975 1st ex.s. c 69 § 1.]
18.53.010
18.53.010 Definition—Scope of practice. (1) The
practice of optometry is defined as the examination of the
human eye, the examination and ascertaining any defects of
the human vision system and the analysis of the process of
vision. The practice of optometry may include, but not necessarily be limited to, the following:
(a) The employment of any objective or subjective
means or method, including the use of drugs, for diagnostic
and therapeutic purposes by those licensed under this chapter
and who meet the requirements of subsections (2) and (3) of
this section, and the use of any diagnostic instruments or
devices for the examination or analysis of the human vision
system, the measurement of the powers or range of human
vision, or the determination of the refractive powers of the
human eye or its functions in general; and
(b) The prescription and fitting of lenses, prisms, therapeutic or refractive contact lenses and the adaption or adjustment of frames and lenses used in connection therewith; and
(c) The prescription and provision of visual therapy,
therapeutic aids, and other optical devices; and
(d) The ascertainment of the perceptive, neural, muscular, or pathological condition of the visual system; and
[Title 18 RCW—page 147]
18.53.021
Title 18 RCW: Businesses and Professions
(e) The adaptation of prosthetic eyes.
(2)(a) Those persons using topical drugs for diagnostic
purposes in the practice of optometry shall have a minimum
of sixty hours of didactic and clinical instruction in general
and ocular pharmacology as applied to optometry, as established by the board, and certification from an institution of
higher learning, accredited by those agencies recognized by
the United States office of education or the council on postsecondary accreditation to qualify for certification by the
optometry board of Washington to use drugs for diagnostic
purposes.
(b) Those persons using or prescribing topical drugs for
therapeutic purposes in the practice of optometry must be
certified under (a) of this subsection, and must have an additional minimum of seventy-five hours of didactic and clinical
instruction as established by the board, and certification from
an institution of higher learning, accredited by those agencies
recognized by the United States office of education or the
council on postsecondary accreditation to qualify for certification by the optometry board of Washington to use drugs for
therapeutic purposes.
(c) Those persons using or prescribing drugs administered orally for diagnostic or therapeutic purposes in the practice of optometry shall be certified under (b) of this subsection, and shall have an additional minimum of sixteen hours
of didactic and eight hours of supervised clinical instruction
as established by the board, and certification from an institution of higher learning, accredited by those agencies recognized by the United States office of education or the council
on postsecondary accreditation to qualify for certification by
the optometry board of Washington to administer, dispense,
or prescribe oral drugs for diagnostic or therapeutic purposes.
(d) Those persons administering epinephrine by injection for treatment of anaphylactic shock in the practice of
optometry must be certified under (b) of this subsection and
must have an additional minimum of four hours of didactic
and supervised clinical instruction, as established by the
board, and certification from an institution of higher learning,
accredited by those agencies recognized by the United States
office of education or the council on postsecondary accreditation to qualify for certification by the optometry board to
administer epinephrine by injection.
(e) Such course or courses shall be the fiscal responsibility of the participating and attending optometrist.
(3) The board shall establish a list of topical drugs for
diagnostic and treatment purposes limited to the practice of
optometry, and no person licensed pursuant to this chapter
shall prescribe, dispense, purchase, possess, or administer
drugs except as authorized and to the extent permitted by the
board.
(4) The board must establish a list of oral Schedule III
through V controlled substances and any oral legend drugs,
with the approval of and after consultation with the board of
pharmacy. No person licensed under this chapter may use,
prescribe, dispense, purchase, possess, or administer these
drugs except as authorized and to the extent permitted by the
board. No optometrist may use, prescribe, dispense, or
administer oral corticosteroids.
(a) The board, with the approval of and in consultation
with the board of pharmacy, must establish, by rule, specific
guidelines for the prescription and administration of drugs by
[Title 18 RCW—page 148]
optometrists, so that licensed optometrists and persons filling
their prescriptions have a clear understanding of which drugs
and which dosages or forms are included in the authority
granted by this section.
(b) An optometrist may not:
(i) Prescribe, dispense, or administer a controlled substance for more than seven days in treating a particular
patient for a single trauma, episode, or condition or for pain
associated with or related to the trauma, episode, or condition; or
(ii) Prescribe an oral drug within ninety days following
ophthalmic surgery unless the optometrist consults with the
treating ophthalmologist.
(c) If treatment exceeding the limitation in (b)(i) of this
subsection is indicated, the patient must be referred to a physician licensed under chapter 18.71 RCW.
(d) The prescription or administration of drugs as authorized in this section is specifically limited to those drugs
appropriate to treatment of diseases or conditions of the
human eye and the adnexa that are within the scope of practice of optometry. The prescription or administration of
drugs for any other purpose is not authorized by this section.
(5) The board shall develop a means of identification and
verification of optometrists certified to use therapeutic drugs
for the purpose of issuing prescriptions as authorized by this
section.
(6) Nothing in this chapter may be construed to authorize
the use, prescription, dispensing, purchase, possession, or
administration of any Schedule I or II controlled substance.
The provisions of this subsection must be strictly construed.
(7) With the exception of the administration of epinephrine by injection for the treatment of anaphylactic shock, no
injections or infusions may be administered by an optometrist.
(8) Nothing in this chapter may be construed to authorize
optometrists to perform ophthalmic surgery. Ophthalmic
surgery is defined as any invasive procedure in which human
tissue is cut, ablated, or otherwise penetrated by incision,
injection, laser, ultrasound, or other means, in order to: Treat
human eye diseases; alter or correct refractive error; or alter
or enhance cosmetic appearance. Nothing in this chapter limits an optometrist's ability to use diagnostic instruments utilizing laser or ultrasound technology. Ophthalmic surgery, as
defined in this subsection, does not include removal of superficial ocular foreign bodies, epilation of misaligned eyelashes, placement of punctal or lacrimal plugs, diagnostic
dilation and irrigation of the lacrimal system, orthokeratology, prescription and fitting of contact lenses with the purpose of altering refractive error, or other similar procedures
within the scope of practice of optometry. [2003 c 142 § 1;
1989 c 36 § 1; 1981 c 58 § 2; 1975 1st ex.s. c 69 § 2; 1919 c
144 § 1; RRS § 10147. Prior: 1909 c 235 § 1.]
Severability—2003 c 142: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 142 § 5.]
18.53.021
18.53.021 License required. It is a violation of RCW
18.130.190 for any person to practice optometry in this state
without first obtaining a license from the secretary of health.
[1991 c 3 § 133; 1987 c 150 § 38.]
(2004 Ed.)
Optometry
Severability—1987 c 150: See RCW 18.122.901.
18.53.030
18.53.030 Temporary permit—When issued. The
board may at its discretion, issue a permit to practice optometry during the interim between examinations, to any person
who has filed an application for examination which has been
accepted by the board as admitting the applicant to the next
examination. Such permit shall be valid only until the date of
the next examination and shall not be issued sooner than
thirty days following any regular examination, and no permit
shall be issued to any person who has failed before the board,
nor where a certificate has been revoked. [1986 c 259 § 80;
1919 c 144 § 8; RRS § 10153.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.53.035
18.53.035 Credentialing by endorsement. An applicant holding a credential in another state may be credentialed
to practice in this state without examination if the board
determines that the other state's credentialing standards are
substantially equivalent to the standards in this state. [1991 c
332 § 30.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.53.040
18.53.040 Exemptions—Exceptions—Limitation.
Nothing in this chapter shall be construed to pertain in any
manner to the practice of any regularly qualified oculist or
physician, who is regularly licensed to practice medicine in
the state of Washington, or to any person who is regularly
licensed to practice as a dispensing optician in the state of
Washington, nor to any person who in the regular course of
trade, sells or offers for sale, spectacles or eyeglasses as regular merchandise without pretense of adapting them to the
eyes of the purchaser, and not in evasion of this chapter:
PROVIDED, That any such regularly qualified oculist or
physician or other person shall be subject to the provisions of
RCW 18.53.140 (9) through (14), in connection with the performance of any function coming within the definition of the
practice of optometry as defined in this chapter: PROVIDED
FURTHER, HOWEVER, That in no way shall this section be
construed to permit a dispensing optician to practice optometry as defined in chapter 69, Laws of 1975 1st ex. sess. [2000
c 171 § 19; 1975 1st ex.s. c 69 § 15; 1937 c 155 § 3; 1919 c
144 § 15; Rem. Supp. 1937 § 10159. Prior: 1909 c 235 § 13.]
18.53.050
18.53.050 License renewal. Every licensed optometrist
shall renew his or her license by complying with administrative procedures, administrative requirements, and fees determined according to RCW 43.70.250 and 43.70.280. [1996 c
191 § 29; 1991 c 3 § 134; 1985 c 7 § 51; 1983 c 168 § 8; 1981
c 277 § 8; 1975 1st ex.s. c 30 § 56; 1971 ex.s. c 266 § 10;
1955 c 275 § 1; 1919 c 144 § 13; RRS § 10158.]
Severability—1983 c 168: See RCW 18.120.910.
18.53.060
18.53.060 License applicants—Eligibility—Qualifications—Examinations—Exception. From and after January 1, 1940, in order to be eligible for examination for registration, a person shall be a citizen of the United States of
America, who shall have a preliminary education of or equal
to four years in a state accredited high school and has com(2004 Ed.)
18.53.100
pleted a full attendance course in a regularly chartered school
of optometry maintaining a standard which is deemed sufficient and satisfactory by the optometry board, who is a person of good moral character, who has a visual acuity in at
least one eye, of a standard known as 20/40 under correction:
PROVIDED, That from and after January 1, 1975, in order to
be eligible for examination for a license, a person shall have
the following qualifications:
(1) Be a graduate of a state accredited high school or its
equivalent;
(2) Have a diploma or other certificate of completion
from an accredited college of optometry or school of optometry, maintaining a standard which is deemed sufficient and
satisfactory by the optometry board, conferring its degree of
doctor of optometry or its equivalent, maintaining a course of
four scholastic years in addition to preprofessional college
level studies, and teaching substantially all of the following
subjects: General anatomy, anatomy of the eyes, physiology,
physics, chemistry, pharmacology, biology, bacteriology,
general pathology, ocular pathology, ocular neurology, ocular myology, psychology, physiological optics, optometrical
mechanics, clinical optometry, visual field charting and
orthoptics, general laws of optics and refraction and use of
the ophthalmoscope, retinoscope and other clinical instruments necessary in the practice of optometry; and
(3) Be of good moral character.
Such person shall file an application for an examination
and license with said board at any time thirty days prior to the
time fixed for such examination, or at a later date if approved
by the board, and such application must be on forms
approved by the board, and properly attested, and if found to
be in accordance with the provisions of this chapter shall entitle the applicant upon payment of the proper fee, to take the
examination prescribed by the board. Such examination shall
not be out of keeping with the established teachings and
adopted textbooks of the recognized schools of optometry,
and shall be confined to such subjects and practices as are
recognized as essential to the practice of optometry. All candidates without discrimination, who shall successfully pass
the prescribed examination, shall be registered by the board
and shall, upon payment of the proper fee, be issued a license.
Any license to practice optometry in this state issued by the
secretary, and which shall be in full force and effect at the
time of passage of chapter 69, Laws of 1975 1st ex. sess.,
shall be continued. [1995 c 198 § 6; 1991 c 3 § 135; 1975 1st
ex.s. c 69 § 4; 1937 c 155 § 1; 1919 c 144 § 5; Rem. Supp.
1937 § 10150. Prior: 1909 c 235 § 7. Formerly RCW
18.53.060 and 18.53.080.]
18.53.070
18.53.070 Licensing—Procedures, requirements,
fees. Administrative procedures, administrative requirements, and fees for issuing a license shall be determined as
provided in RCW 43.70.250 and 43.70.280. [1996 c 191 §
30; 1991 c 3 § 136; 1985 c 7 § 52; 1981 c 260 § 5. Prior: 1975
1st ex.s. c 69 § 5; 1975 1st ex.s. c 30 § 57; 1919 c 144 § 9;
RRS § 10151; prior: 1909 c 235 § 7.]
18.53.100
18.53.100 Disciplinary action—Grounds. The following constitutes grounds for disciplinary action under
chapter 18.130 RCW:
[Title 18 RCW—page 149]
18.53.101
Title 18 RCW: Businesses and Professions
(1) Any form of fraud or deceit used in securing a
license; or
(2) Any unprofessional conduct, of a nature likely to
deceive or defraud the public; or
(3) The employing either directly or indirectly of any
person or persons commonly known as "cappers" or "steerers" to obtain business; or
(4) To employ any person to solicit from house to house,
or to personally solicit from house to house; or
(5) Advertisement in any way in which untruthful,
improbable or impossible statements are made regarding
treatments, cures or values; or
(6) The use of the term "eye specialist" in connection
with the name of such optometrist; or
(7) Inability to demonstrate, in a manner satisfactory to
the secretary or the board of optometry, their practical ability
to perform any function set forth in RCW 18.53.010 which
they utilize in their practice. [1991 c 3 § 137; 1986 c 259 §
81; 1975 1st ex.s. c 69 § 6; 1919 c 144 § 11; RRS § 10156.
Prior: 1909 c 235 §§ 11, 12.]
Savings—1986 c 259 §§ 81, 85: "The repeal of RCW 18.53.020 and the
amendment of RCW 18.53.100 by this act shall not be construed as affecting
any rights and duties which matured, penalties which were incurred, and proceedings which were begun before June 11, 1986." [1986 c 259 § 86.]
Severability—1986 c 259: See note following RCW 18.130.010.
Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96A
RCW.
False advertising: Chapter 9.04 RCW.
Violation of Uniform Controlled Substances Act—Suspension of license:
RCW 69.50.413.
18.53.101
18.53.101 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter and chapter
18.54 RCW. [1987 c 150 § 36; 1986 c 259 § 78.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.53.140
18.53.140 Unlawful acts. It shall be unlawful for any
person:
(1) To sell or barter, or offer to sell or barter any license
issued by the secretary; or
(2) To purchase or procure by barter any license with the
intent to use the same as evidence of the holder's qualification
to practice optometry; or
(3) To alter with fraudulent intent in any material regard
such license; or
(4) To use or attempt to use any such license which has
been purchased, fraudulently issued, counterfeited or materially altered as a valid license; or
(5) To practice optometry under a false or assumed
name, or as a representative or agent of any person, firm or
corporation with which the licensee has no connection:
PROVIDED, Nothing in this chapter nor in the optometry
law shall make it unlawful for any lawfully licensed optometrist or association of lawfully licensed optometrists to practice optometry under the name of any lawfully licensed
optometrist who may transfer by inheritance or otherwise the
right to use such name; or
[Title 18 RCW—page 150]
(6) To practice optometry in this state either for him or
herself or any other individual, corporation, partnership,
group, public or private entity, or any member of the licensed
healing arts without having at the time of so doing a valid
license issued by the secretary of health; or
(7) To in any manner barter or give away as premiums
either on his or her own account or as agent or representative
for any other purpose, firm or corporation, any eyeglasses,
spectacles, lenses or frames; or
(8) To use drugs in the practice of optometry, except as
authorized under RCW 18.53.010; or
(9) To use advertising whether printed, radio, display, or
of any other nature, which is misleading or inaccurate in any
material particular, nor shall any such person in any way misrepresent any goods or services (including but without limitation, its use, trademark, grade, quality, size, origin, substance,
character, nature, finish, material, content, or preparation) or
credit terms, values, policies, services, or the nature or form
of the business conducted; or
(10) To advertise the "free examination of eyes," "free
consultation," "consultation without obligation," "free
advice," or any words or phrases of similar import which convey the impression to the public that eyes are examined free
or of a character tending to deceive or mislead the public, or
in the nature of "bait advertising;" or
(11) To use an advertisement of a frame or mounting
which is not truthful in describing the frame or mounting and
all its component parts. Or advertise a frame or mounting at
a price, unless it shall be depicted in the advertisement without lenses inserted, and in addition the advertisement must
contain a statement immediately following, or adjacent to the
advertised price, that the price is for frame or mounting only,
and does not include lenses, eye examination and professional services, which statement shall appear in type as large
as that used for the price, or advertise lenses or complete
glasses, viz.: frame or mounting with lenses included, at a
price either alone or in conjunction with professional services; or
(12) To use advertising, whether printed, radio, display,
or of any other nature, which inaccurately lays claim to a policy or continuing practice of generally underselling competitors; or
(13) To use advertising, whether printed, radio, display
or of any other nature which refers inaccurately in any material particular to any competitors or their goods, prices, values, credit terms, policies or services; or
(14) To use advertising whether printed, radio, display,
or of any other nature, which states any definite amount of
money as "down payment" and any definite amount of money
as a subsequent payment, be it daily, weekly, monthly, or at
the end of any period of time. [2003 c 142 § 2; 1991 c 3 §
138; 1989 c 36 § 2; 1986 c 259 § 82; 1981 c 58 § 3; 1979 c
158 § 47; 1975 1st ex.s. c 69 § 7; 1945 c 78 § 1; 1935 c 134 §
1; 1919 c 144 § 7; Rem. Supp. 1945 § 10152. Cf. 1909 c 235
§ 5.]
Severability—2003 c 142: See note following RCW 18.53.010.
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: Chapter 9.04 RCW.
Violation of Uniform Controlled Substances Act—Suspension of license:
RCW 69.50.413.
(2004 Ed.)
Optometry
18.53.145
18.53.145 Unlawful advertising of indemnity benefits. It shall be unlawful for any licensee subject to the provisions of chapter 18.53 RCW to advertise to the effect that
benefits in the form of indemnity will accrue to subscribers of
health care service contracts for services performed by the
licensee for a subscriber when the licensee is neither a health
care service contractor nor a participant. A violation of this
s e c t i o n s h a l l b e p u n i s h a b l e a s p r o v i d ed i n R C W
18.53.140(10). [1969 c 143 § 2.]
18.53.150
18.53.150 Violations generally—Penalty. Any person
violating this chapter is guilty of a misdemeanor. [1986 c 259
§ 83; 1919 c 144 § 22; RRS § 10163. Prior: 1909 c 235 § 12.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.53.160
18.53.160 Public aid ocular services—Discrimination
prohibited. All agencies of the state and its subdivisions,
and all commissions, clinics and boards administering relief,
public assistance, public welfare assistance, social security,
health insurance, or health service under the laws of this state,
shall accept the services of licensed optometrists for any service covered by their licenses relating to any person receiving
benefits from said agencies or subdivisions and shall pay for
such services in the same way as practitioners of other professions may be paid for similar services. None of the said governmental agencies, or agents, officials or employees thereof,
including the public schools, in the performance of their
duties shall in any way show discrimination among licensed
ocular practitioners. [1949 c 149 § 1; Rem. Supp. 1949 §
9991a.]
18.53.165
18.53.165 Discrimination prohibited—Legislative
finding and declaration. The legislature finds and declares
that the costs of health care to the people are rising disproportionately to other costs and that there is a paramount concern
that the right of the people to obtain access to health care in
all its facets is being impaired thereby. For this reason, the
reliance on the mechanism of insurance, whether profit or
nonprofit, is the only effective manner in which the large
majority of the people can attain access to quality health care,
and it is therefore declared to be in the public interest that
health care insurance be regulated to assure that all the people
have access to health care rendered by whatever means, and
to the greatest extent possible. RCW 18.53.165 through
18.53.190 and 18.53.901, prohibiting discrimination against
the legally recognized and licensed profession of optometrists, is necessary in the interest of the public health, welfare
and safety. [1973 c 48 § 1.]
18.53.910
its political subdivisions, and all officials, agents, employees,
or representatives thereof, are prohibited from in any way
discriminating against licensed optometrists in performing
and receiving compensation for services covered by their
licenses. [1973 c 48 § 3.]
18.53.180
18.53.180 Discrimination prohibited—Agreements
or contracts by state and subdivisions. Notwithstanding
any other provision of law, the state and its political subdivisions, and all officials, agents, employees, or representatives
thereof, are prohibited from entering into any agreement or
contract with any individual, group, association, or corporation which in any way, directly or indirectly, discriminates
against licensed optometrists in performing and receiving
compensation for services covered by their licenses. [1973 c
48 § 4.]
18.53.185
18.53.185 Discrimination prohibited—Costs immaterial. Notwithstanding any other provision of law, for the
purpose of RCW 18.53.165 through 18.53.180 and 18.53.190
it is immaterial whether the cost of any policy, plan, agreement, or contract be deemed additional compensation for services, or otherwise. [1973 c 48 § 5.]
18.53.190
18.53.190 Discrimination prohibited—Application of
law. RCW 18.53.165 through 18.53.185 shall apply to all
agreements, renewals, or contracts issued on or after June 7,
1973.
Health care service contracts having a participant agreement with a majority of the licensed optometrists within its
service area may provide benefits to persons or groups of persons through contracts which allow a subscriber to utilize on
an equal participation basis the services of any participant
provided in the contract, and such contracts shall not be discriminatory. [1975 1st ex.s. c 69 § 8; 1973 c 48 § 6.]
18.53.200
18.53.200 Privileged communications. The information and records of a licensed optometrist pertaining to a
patient shall be privileged communications, the same as now
or hereafter may exist in the relationship of physician and
patient and shall not be released or subjected to disclosure
without the consent of the patient or as otherwise required by
law. [1975 1st ex.s. c 69 § 14.]
Privileged communications—Physician and patient: RCW 5.60.060.
18.53.900
18.53.900 Short title—1919 c 144. This act shall be
known, and may be referred to as, "The Optometry Law".
[1919 c 144 § 20.]
18.53.170
18.53.170 Discrimination prohibited—Acceptance of
services by state agencies and subdivisions. Notwithstanding any other provision of law, the state and its political subdivisions shall accept the services of licensed optometrists for
any service covered by their licenses with relation to any person receiving benefits, salaries, wages, or any other type of
compensation from the state, its agencies or subdivisions.
[1973 c 48 § 2.]
18.53.175
18.53.175 Discrimination prohibited—State agencies
and subdivisions—Officials and employees. The state and
(2004 Ed.)
18.53.901
18.53.901 Severability—1973 c 48. If any provision of
this 1973 act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1973 c 48 § 7.]
18.53.910
18.53.910 Severability—1919 c 144. Any question of
unconstitutionality arising concerning any of the sections or
provisions of this act shall in no wise affect any other section
or provision of the act. [1919 c 144 § 18.]
[Title 18 RCW—page 151]
18.53.911
Title 18 RCW: Businesses and Professions
18.53.911 Severability—1975 1st ex.s. c 69. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 69 § 17.]
18.53.911
18.53.912
18.53.912 Severability—1981 c 58. If any provision of
this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1981 c 58 § 4.]
18.53.920
18.53.920 Repeal—1919 c 144. All acts and parts of
acts inconsistent with this act are hereby repealed. [1919 c
144 § 19.]
Chapter 18.54
Chapter 18.54 RCW
OPTOMETRY BOARD
Sections
18.54.005
18.54.010
18.54.020
18.54.030
18.54.040
18.54.050
18.54.060
18.54.070
18.54.076
18.54.090
18.54.130
18.54.140
18.54.150
18.54.900
18.54.910
18.54.920
Regulation of health care professions—Criteria.
Definitions.
Examining committee reconstituted as optometry board.
Composition—Appointments—Qualifications—Terms—
Vacancies.
Officers.
Meetings.
Quorum.
Powers and duties—Examinations—Rules.
Application of uniform disciplinary act.
Administrative procedures—Minimum fees.
Compensation and travel expenses of members.
Board may draw from health professions account.
Devolution of powers relating to revocation of certificates.
Short title.
Severability—1963 c 25.
RCW 43.24.060 and 43.24.120 not applicable to optometry.
Reviser's note: Powers and duties of the department of licensing and
the director of licensing transferred to the department of health and the secretary of health. See RCW 43.70.220.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.54.005
18.54.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.54.030
18.54.030 Composition—Appointments—Qualifications—Terms—Vacancies. The initial composition of the
optometry board includes the three members of the examining committee for optometry plus two more optometrists to
be appointed by the governor.
The governor must make all appointments to the optometry board. Only optometrists who are citizens of the United
States, residents of this state, having been licensed to practice
and practicing optometry in this state for a period of at least
four years immediately preceding the effective date of
appointment, and who have no connection with any school or
college embracing the teaching of optometry or with any
optical supply business may be appointed.
The governor may set the terms of office of the initial
board at his discretion, to establish the following perpetual
succession: The terms of the initial board include one position for one year, two for two years and two for three years;
and upon the expiration of the terms of the initial board, all
appointments are for three years.
In addition to the members specified in this section, the
governor shall appoint a consumer member of the board, who
shall serve for a term of three years.
In the event that a vacancy occurs on the board in the
middle of an appointee's term, the governor must appoint a
successor for the unexpired portion of the term only. [1984 c
279 § 54; 1963 c 25 § 3.]
Severability—1984 c 279: See RCW 18.130.901.
18.54.040
18.54.040 Officers. The board must elect a chairman
and secretary from its members, to serve for a term of one
year or until their successors are elected and qualified. [1963
c 25 § 4.]
18.54.050
18.54.050 Meetings. The board must meet at least once
yearly or more frequently upon call of the chairman or the
secretary of health at such times and places as the chairman
or the secretary of health may designate by giving three days'
notice or as otherwise required by RCW 42.30.075. [1991 c
3 § 139; 1989 c 175 § 65; 1979 c 158 § 48; 1975 1st ex.s. c 69
§ 9; 1963 c 25 § 5.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1975 1st ex.s. c 69: See RCW 18.53.911.
18.54.060
18.54.010
18.54.010 Definitions. Unless the context clearly indicates otherwise, the terms used in this chapter take their
meanings as follows:
(1) "Board" means the optometry board;
(2) "License" means a certificate or permit to practice
optometry as provided in *RCW 18.53.020 as amended from
time to time;
(3) "Members" means members of the optometry board.
[1963 c 25 § 1.]
*Reviser's note: RCW 18.53.020 was repealed by 1986 c 259 § 85.
18.54.020
18.54.020 Examining committee reconstituted as
optometry board. The examining committee, heretofore
created pursuant to RCW 43.24.060, is reorganized and
reconstituted as the optometry board. [1963 c 25 § 2.]
RCW 43.24.060 and 43.24.120 not applicable to optometry: RCW
18.54.920.
[Title 18 RCW—page 152]
18.54.060 Quorum. Three members constitute a quorum for the transaction of business of the board. [1963 c 25 §
6.]
18.54.070
18.54.070 Powers and duties—Examinations—
Rules. The board has the following powers and duties:
(1) To develop and administer, or approve, or both, a
licensure examination. The board may approve an examination prepared or administered by a private testing agency or
association of licensing authorities.
(2) The board shall adopt rules and regulations to promote safety, protection and the welfare of the public, to carry
out the purposes of this chapter, to aid the board in the performance of its powers and duties, and to govern the practice of
optometry. [1995 c 198 § 7; 1991 c 3 § 140; 1986 c 259 § 84;
1979 c 158 § 49; 1975 1st ex.s. c 69 § 10; 1963 c 25 § 7.]
Severability—1986 c 259: See note following RCW 18.130.010.
(2004 Ed.)
Ocularists
Severability—1975 1st ex.s. c 69: See RCW 18.53.911.
18.55.015
of the practice of optometry. [1999 c 240 § 6; 1963 c 25 §
18.]
18.54.076
18.54.076 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter and chapter
18.53 RCW. [1987 c 150 § 37; 1986 c 259 § 79.]
Examining committee reconstituted as optometry board: RCW 18.54.020.
Chapter 18.55
Severability—1987 c 150: See RCW 18.122.901.
Sections
Severability—1986 c 259: See note following RCW 18.130.010.
18.55.005
18.55.007
18.55.010
18.55.015
18.55.020
18.55.030
18.55.040
18.55.045
18.55.050
18.55.060
18.55.066
18.55.075
18.55.085
18.55.095
18.55.105
18.55.900
Chapter 18.55 RCW
OCULARISTS
18.54.090
18.54.090 Administrative procedures—Minimum
fees. The board is an administrative agency of the state of
Washington, and the provisions of the administrative procedure act, chapter 34.05 RCW as amended from time to time,
govern the conduct and proceedings of the board. Nothing in
this chapter shall be construed to give the board the power to
set or recommend a minimum schedule of fees to be charged
by licensed optometrist. [1963 c 25 § 9.]
18.54.130
18.54.130 Compensation and travel expenses of
members. Members of the board are entitled to receive their
travel expenses in accordance with RCW 43.03.050 and
43.03.060. Each member of the board will also be compensated in accordance with RCW 43.03.240. [1984 c 287 § 41;
1975-'76 2nd ex.s. c 34 § 39; 1967 c 188 § 3; 1963 c 25 § 13.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Regulation of health care professions—Criteria.
License required.
Licensing—Exemptions—Limitations.
Intent.
Definitions.
Licenses—Renewal.
License applicants—Qualifications—Examination.
Examination.
Licenses or registrations—Renewal.
Apprentices.
Application of uniform disciplinary act.
Scope of practice.
Unprofessional conduct.
Authority of secretary.
Out-of-state applicants.
Severability—1980 c 101.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.55.005
18.55.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.55.007
18.54.140
18.54.140 Board may draw from health professions
account. Notwithstanding any other provisions of law, rule
or regulation, the board may draw from the health professions
account on vouchers approved by the secretary of health, so
much money as is necessary to carry into effect, to administer, and to enforce the provisions of this chapter. [1991 c 3 §
141; 1983 c 168 § 9; 1979 c 158 § 50; 1975 1st ex.s. c 69 §
12; 1963 c 25 § 14.]
Severability—1983 c 168: See RCW 18.120.910.
Severability—1975 1st ex.s. c 69: See RCW 18.53.911.
Health professions account: RCW 43.70.320.
18.54.150
18.54.150 Devolution of powers relating to revocation of certificates. All powers previously vested in the
director of licenses under the provisions of RCW 18.53.100
are vested in the optometry board. [1963 c 25 § 15.]
18.54.900
18.54.900 Short title. This act may be known and cited
as the "optometry board act." [1963 c 25 § 16.]
18.54.910
18.54.910 Severability—1963 c 25. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provisions to other persons or circumstances is not affected.
[1963 c 25 § 17.]
18.54.920
18.54.920 RCW 43.24.060 and 43.24.120 not applicable to optometry. The provisions of RCW 43.24.060 and
43.24.120 are not applicable to the licensing and regulation
(2004 Ed.)
18.55.007 License required. No person may practice
or represent himself or herself as an ocularist without first
having a valid license to do so. [1987 c 150 § 40.]
Severability—1987 c 150: See RCW 18.122.901.
18.55.010
18.55.010 Licensing—Exemptions—Limitations. (1)
Nothing in this chapter shall:
(a) Be construed to limit or restrict a duly licensed physician or employees working under the personal supervision
of a duly licensed physician from the practices enumerated in
this chapter;
(b) Be construed to prohibit an unlicensed person from
performing mechanical work upon inert matter in an ocularist's office or laboratory;
(c) Be construed to authorize or permit a licensee under
this chapter to hold himself or herself out as being able to, or
to offer to, or to undertake to attempt, by any manner of
means, to examine or exercise eyes, or diagnose, treat, correct, relieve, operate, or prescribe for disease or any visual
deficiency.
(2) Each practitioner duly licensed pursuant to chapters
18.53, 18.57, and 18.71 RCW shall have all the rights and
privileges which may accrue under this chapter to ocularists
licensed under this chapter. [1980 c 101 § 1.]
18.55.015
18.55.015 Intent. The legislature finds it necessary to
regulate the practice of ocularist to protect the public health,
safety, and welfare. The legislature intends that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public. [1991 c
180 § 1.]
[Title 18 RCW—page 153]
18.55.020
Title 18 RCW: Businesses and Professions
18.55.020 Definitions. The terms defined in this section shall have the meaning ascribed to them wherever
appearing in this chapter, unless a different meaning is specifically used to such term in such statute.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Ocularist" means a person licensed under this chapter.
(4) "Apprentice" means a person designated an apprentice in the records of the secretary to receive from a licensed
ocularist training and direct supervision in the work of an
ocularist.
(5) "Stock-eye" means an ocular stock prosthesis that has
not been originally manufactured or altered by the ocularist
or service provider selling or fitting, or both, said prosthesis
to a patient or customer. "Altered" means either taking away
or adding materials, or colorization, or otherwise changing
the prosthesis' appearance, function, or fit in the socket or on
the implant of the patient or customer.
(6) "Modified stock-eye" means a stock-eye that has
been altered in some manner by the ocularist or service provider selling or fitting, or both, said prosthesis to a patient or
customer. "Altered" is as defined in subsection (5) of this section. A modified stock-eye cannot be defined as either a "custom" or "impression-fitted" eye or prosthesis by adding material that incorporates an impression-surface of the patient or
customer socket or implant surfaces.
(7) "Custom-eye" means an original, newly manufactured eye or prosthesis that has been specifically crafted by an
ocularist or authorized service provider for the patient or customer to whom it is sold or provided. The "custom-eye" may
be either an impression-fitted eye (an impression of the
socket or implant surfaces) or an empirical/wax pattern-fitted
method eye, or a combination of either, as delineated in the
ocularist examination. [1994 sp.s. c 9 § 504; 1991 c 180 § 2;
(1991 c 3 § 142 repealed by 1991 sp.s. c 11 § 2); 1980 c 101
§ 2.]
18.55.020
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.55.030
18.55.030 Licenses—Renewal. The secretary shall
determine administrative procedures, administrative requirements, and fees for licenses and renewals as provided in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 31; 1991 c 3 §
143; 1980 c 101 § 3.]
(c) Has had at least ten thousand hours of apprenticeship
training under the direct supervision of a practicing ocularist,
or has the equivalent experience as a practicing ocularist, or
any combination of training and supervision, not in the state
of Washington; and
(5) Successfully passes an examination conducted or
approved by the secretary. [1996 c 191 § 32; 1991 c 180 § 4;
(1991 c 3 § 144 repealed by 1991 sp.s. c 11 § 2); 1985 c 7 §
53; 1980 c 101 § 4.]
18.55.045 Examination. The secretary may approve an
examination prepared or administered by a private testing
agency or association of licensing authorities. The examination shall determine if the applicant has a thorough knowledge of the principles governing the practice of an ocularist.
[1991 c 180 § 5.]
18.55.045
18.55.050 Licenses or registrations—Renewal. Every
individual licensed or registered under this chapter shall comply with administrative procedures, administrative requirements, and fees determined by the secretary, as provided by
RCW 43.70.250 and 43.70.280 to renew his or her license.
[1996 c 191 § 33; 1991 c 180 § 6; (1991 c 3 § 145 repealed by
1991 sp.s. c 11 § 2); 1985 c 7 § 54; 1980 c 101 § 7.]
18.55.050
18.55.060 Apprentices. (1) A person wishing to work
as an apprentice ocularist shall submit to the secretary the
registration fee and completed application form signed by the
applicant and the licensed ocularist who shall be responsible
for the acts of the apprentice in the performance of his or her
work in the apprenticeship program.
(2) Apprentices shall complete their ten thousand hours
of apprenticeship within eight years and shall not work
longer as an apprentice unless the secretary determines, after
a hearing, that the apprentice was prevented by causes
beyond his or her control from completing the apprenticeship
and becoming a licensee hereunder in eight years.
(3) No licensee under this chapter may have more than
two apprentices in training at one time. [1991 c 180 § 7; 1991
c 3 § 146; 1980 c 101 § 5.]
18.55.060
Reviser's note: This section was amended by 1991 c 3 § 146 and by
1991 c 180 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
18.55.066 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
39; 1986 c 259 § 89.]
18.55.066
18.55.040
18.55.040 License applicants—Qualifications—
Examination. No applicant shall be licensed under this
chapter until the applicant complies with administrative procedures, administrative requirements, and fees determined by
the secretary according to RCW 43.70.250 and 43.70.280.
Qualifications must require that the applicant:
(1) Is eighteen years or more of age;
(2) Has graduated from high school or has received a
general equivalency degree;
(3) Is of good moral character; and
(4)(a) Had at least ten thousand hours of apprenticeship
training under the direct supervision of a licensed ocularist;
or
(b) Successfully completed a prescribed course in ocularist training programs approved by the secretary; or
[Title 18 RCW—page 154]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.55.075 Scope of practice. An ocularist designs, fabricates, and fits ocular prosthetic appliances. An ocularist is
authorized to perform the necessary procedures to provide an
ocular prosthetic service for the patient in the ocularist's
office or laboratory on referral of a physician. A referral is
not required for the replacement of an ocular prosthetic appliance. The ocularist is authorized to make judgment on the
needed care, replacement, and use of an ocular prosthetic
18.55.075
(2004 Ed.)
Osteopathy—Osteopathic Medicine and Surgery
appliance. The ocularist is authorized to design, fabricate,
and fit human prosthetics in the following categories:
(1) Stock and custom prosthetic eyes;
(2) Stock and custom therapeutic scleral shells;
(3) Stock and custom therapeutic painted iris shells;
(4) External orbital and facial prosthetics; and
(5) Ocular conformers: PROVIDED, That nothing
herein shall be construed to allow the fitting or fabricating of
contact lenses. [1991 c 180 § 3.]
18.55.085
18.55.085 Unprofessional conduct. An ocularist or
authorized service provider shall explain to patients or customers exactly which type of prosthesis or service they are
receiving or purchasing. Failure to do so, or misrepresentation of said services, constitutes unprofessional conduct
under this chapter and chapter 18.130 RCW. [1991 c 180 §
9.]
18.55.095
18.55.095 Authority of secretary. In addition to any
other authority provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a license to any applicant who has met the education, training, and examination requirements for licensure
and deny a license to applicants who do not meet the minimum qualifications for licensure. Proceedings concerning the
denial of licenses based on unprofessional conduct or
impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) Employ clerical, administrative, and investigative
staff as needed to implement and administer this chapter and
hire individuals, including those licensed under this chapter,
to serve as examiners or consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all applicants and licensees;
(6) Determine the minimum education and experience
requirements for licensure, including but not limited to
approval of educational programs;
(7) Prepare and administer or approve the preparation
and administration of examinations for licensure; and
(8) Establish and implement by rule a continuing competency program. [1991 c 180 § 8.]
18.57.003
Chapter 18.57 RCW
OSTEOPATHY—OSTEOPATHIC MEDICINE
AND SURGERY
Chapter 18.57
Sections
18.57.001
18.57.002
18.57.003
18.57.005
18.57.011
18.57.020
18.57.031
18.57.035
18.57.040
18.57.045
18.57.050
18.57.080
18.57.130
18.57.140
18.57.145
18.57.150
18.57.160
18.57.174
18.57.245
18.57.250
18.57.260
18.57.270
18.57.280
18.57.900
18.57.910
18.57.915
Definitions.
Regulation of health care professions—Criteria.
State board of osteopathic medicine and surgery—Membership—Qualifications—Officers—Meetings—Compensation and travel expenses—Removal.
Powers and duties of board.
Application of uniform disciplinary act.
Licenses—Application requirements.
License required.
Postgraduate training licenses.
Licensing exemptions.
Inactive licenses.
Renewal of licenses—Continuing education requirements.
Examinations.
Persons licensed by other states—Requirements—Fees.
Advertising regulations.
Use of designations in combination with name.
Applicability of health regulations.
Unlawful practices.
Duty to report unprofessional conduct—Exceptions.
Insurer's report of malpractice payments.
Physician members of committees to evaluate credentials and
qualifications of physicians—Immunity from civil suit.
Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit.
Records of medical society or hospital committee or board not
subject to civil process.
Joint practice arrangements.
Interchangeable terms.
Repeal.
Severability—1979 c 117.
Actions against, limitation of: RCW 4.16.350.
Crimes relating to pregnancy and childbirth: RCW 9A.32.060.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Lien of doctors: Chapter 60.44 RCW.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.57.001 Definitions. As used in this chapter:
(1) "Board" means the Washington state board of osteopathic medicine and surgery;
(2) "Department" means the department of health;
(3) "Secretary" means the secretary of health; and
(4) "Osteopathic medicine and surgery" means the use of
any and all methods in the treatment of disease, injuries,
deformities, and all other physical and mental conditions in
and of human beings, including the use of osteopathic manipulative therapy. [1996 c 178 § 2; 1991 c 160 § 1; 1991 c 3 §
147; 1979 c 117 § 1.]
18.57.001
Effective date—1996 c 178: See note following RCW 18.35.110.
18.55.105
18.55.105 Out-of-state applicants. An applicant holding a credential in another state may be credentialed to practice in this state without examination if the secretary determines that the other state's credentialing standards are substantially equivalent to the standards in this state. [1991 c
180 § 12.]
18.55.900
18.55.900 Severability—1980 c 101. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1980 c 101 § 11.]
(2004 Ed.)
18.57.002
18.57.002 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.57.003
18.57.003 State board of osteopathic medicine and
surgery—Membership—Qualifications—Officers—
Meetings—Compensation and travel expenses—
Removal. There is hereby created an agency of the state of
Washington, consisting of seven individuals appointed by the
governor to be known as the Washington state board of osteopathic medicine and surgery.
On expiration of the term of any member, the governor
shall appoint for a period of five years a qualified individual
[Title 18 RCW—page 155]
18.57.005
Title 18 RCW: Businesses and Professions
to take the place of such member. Each member shall hold
office until the expiration of the term for which such member
is appointed or until a successor shall have been appointed
and shall have qualified. Initial appointments shall be made
and vacancies in the membership of the board shall be filled
for the unexpired term by appointment by the governor.
Each member of the board shall be a citizen of the United
States and must be an actual resident of this state. One member shall be a consumer who has neither a financial nor a fiduciary relationship to a health care delivery system, and every
other member must have been in active practice as a licensed
osteopathic physician and surgeon in this state for at least five
years immediately preceding appointment.
The board shall elect a chairperson, a secretary, and a
vice-chairperson from its members. Meetings of the board
shall be held at least four times a year and at such place as the
board shall determine and at such other times and places as
the board deems necessary.
An affirmative vote of a simple majority of the members
present at a meeting or hearing shall be required for the board
to take any official action. The board may not take any action
without a quorum of the board members present. A simple
majority of the board members currently serving constitutes a
quorum of the board.
Each member of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses in accordance with RCW 43.03.050 and
43.03.060.
Any member of the board may be removed by the governor for neglect of duty, misconduct, malfeasance or misfeasance in office, or upon written request of two-thirds of the
physicians licensed under this chapter and in active practice
in this state. [1991 c 160 § 2; 1984 c 287 § 42; 1979 c 117 §
2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.57.005
18.57.005 Powers and duties of board. The board
shall have the following powers and duties:
(1) To administer examinations to applicants for licensure under this chapter;
(2) To make such rules and regulations as are not inconsistent with the laws of this state as may be deemed necessary
or proper to carry out the purposes of this chapter;
(3) To establish and administer requirements for continuing professional education as may be necessary or proper
to insure the public health and safety as a prerequisite to
granting and renewing licenses under this chapter: PROVIDED, That such rules shall not require a licensee under
this chapter to engage in continuing education related to or
provided by any specific branch, school, or philosophy of
medical practice or its political and/or professional organizations, associations, or societies;
(4) To keep an official record of all its proceedings,
which record shall be evidence of all proceedings of the
board which are set forth therein. [1986 c 259 § 94; 1979 c
117 § 3.]
Severability—1986 c 259: See note following RCW 18.130.010.
[Title 18 RCW—page 156]
18.57.011
18.57.011 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
41; 1986 c 259 § 92.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.57.020
18.57.020 Licenses—Application requirements. A
license shall be issued by the secretary authorizing the holder
to practice osteopathic medicine and surgery. In order to procure a license to practice osteopathic medicine and surgery,
the applicant must provide the board evidence that a diploma
has been issued to the applicant by an accredited school of
osteopathic medicine and surgery, approved by the board.
The application shall be made upon a form prepared by the
secretary, with the approval of the board, and it shall contain
such information concerning said osteopathic medical
instruction and the preliminary education of the applicant as
the board may by rule provide. Applicants who have failed to
meet the requirements must be rejected.
An applicant for a license to practice osteopathic medicine and surgery must furnish evidence satisfactory to the
board that he or she has served for not less than one year in a
postgraduate training program approved by the board.
In addition, the applicant may be required to furnish evidence satisfactory to the board that he or she is physically and
mentally capable of safely carrying on the practice of osteopathic medicine and surgery. The board may require any
applicant to submit to such examination or examinations as it
deems necessary to determine an applicant's physical and/or
mental capability to safely practice osteopathic medicine and
surgery. The applicant shall also show that he or she has not
been guilty of any conduct which would constitute grounds
for denial, suspension, or revocation of such license under the
laws of the state of Washington.
Nothing in this section shall be construed as prohibiting
the board from requiring such additional information from
applicants as it deems necessary.
Nothing in this chapter shall be construed to require any
applicant for licensure, or any licensee, as a requisite of
retaining or renewing licensure under this chapter, to be a
member of any political and/or professional organization.
[1991 c 160 § 3; (1991 c 3 § 148 repealed by 1991 sp.s. c 11
§ 2); 1979 c 117 § 11; 1959 c 110 § 1; 1919 c 4 § 4; RRS §
10056. Cf. 1909 c 192 § 6. Formerly RCW 18.57.020,
18.57.060, 18.57.070, and 18.57.090.]
18.57.031
18.57.031 License required. No person may practice
or represent himself or herself as an osteopathic physician
and surgeon without first having a valid license to do so.
[1987 c 150 § 42.]
Severability—1987 c 150: See RCW 18.122.901.
18.57.035
18.57.035 Postgraduate training licenses. The board
may grant approval to issue without examination a license to
an osteopathic physician and surgeon in a board-approved
postgraduate training program in this state if the applicant
files an application and meets all the requirements for licensure set forth in RCW 18.57.020 except for completion of one
(2004 Ed.)
Osteopathy—Osteopathic Medicine and Surgery
year of postgraduate training. The secretary shall issue a postgraduate osteopathic medicine and surgery license that permits the physician in postgraduate training to practice osteopathic medicine and surgery only in connection with his or
her duties as a physician in postgraduate training and does not
authorize the physician to engage in any other form of practice. Each physician in postgraduate training shall practice
osteopathic medicine and surgery only under the supervision
of a physician licensed in this state under this chapter or
chapter 18.71 RCW, but such supervision shall not be construed to necessarily require the personal presence of the
supervising physician at the place where services are rendered.
All persons licensed under this section shall be subject to
the jurisdiction of the board of osteopathic medicine and surgery as set forth in this chapter and chapter 18.130 RCW.
Persons applying for licensure pursuant to this section
shall comply with administrative procedures, administrative
requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. Any person who obtains a license
pursuant to this section may, apply for licensure under this
chapter, but shall submit a new application form and comply
with all other licensing requirements of this chapter. [1996 c
191 § 34; 1991 c 160 § 9.]
18.57.040 Licensing exemptions. Nothing in this chapter shall be construed to prohibit:
(1) Service in the case of emergency;
(2) The domestic administration of family remedies;
(3) The practice of midwifery as permitted under chapter
18.50 RCW;
(4) The practice of osteopathic medicine and surgery by
any commissioned medical officer in the United States government or military service or by any osteopathic physician
and surgeon employed by a federal agency, in the discharge
of his or her official duties;
(5) Practice by a dentist licensed under chapter 18.32
RCW when engaged exclusively in the practice of dentistry;
(6) Practice by any osteopathic physician and surgeon
from any other state or territory in which he or she resides:
PROVIDED, That such practitioner shall not open an office
or appoint a place of meeting patients or receive calls within
the limits of this state;
(7) Practice by a person who is a student enrolled in an
accredited school of osteopathic medicine and surgery
approved by the board: PROVIDED, That the performance
of such services be only pursuant to a course of instruction or
assignments from his or her instructor or school, and such
services are performed only under the supervision of a person
licensed pursuant to this chapter or chapter 18.71 RCW;
(8) Practice by an osteopathic physician and surgeon
serving a period of clinical postgraduate medical training in a
postgraduate program approved by the board: PROVIDED,
That the performance of such services be only pursuant to a
course of instruction in said program, and said services are
performed only under the supervision and control of a person
licensed pursuant to this chapter or chapter 18.71 RCW; or
(9) Practice by a person who is enrolled in a physician
assistant program approved by the board who is performing
such services only pursuant to a course of instruction in said
program: PROVIDED, That such services are performed
18.57.040
(2004 Ed.)
18.57.080
only under the supervision and control of a person licensed
pursuant to this chapter or chapter 18.71 RCW.
This chapter shall not be construed to apply in any manner to any other system or method of treating the sick or
afflicted or to apply to or interfere in any way with the practice of religion or any kind of treatment by prayer. [1991 c
160 § 5; 1919 c 4 § 19; RRS § 10071. FORMER PART OF
SECTION: 1921 c 82 § 1, part; 1919 c 4 § 17, part; RRS §
10069, part, now codified in RCW 18.57.130.]
Midwifery: Chapter 18.50 RCW.
18.57.045
18.57.045 Inactive licenses. A licensed osteopathic
physician and surgeon who desires to leave the active practice of osteopathic medicine and surgery in this state may
secure from the secretary an inactive license. The administrative procedures, administrative requirements, and fees for an
inactive license shall be determined as provided in RCW
43.70.250 and 43.70.280. The holder of an inactive license
may reactivate his or her license to practice osteopathic medicine and surgery in accordance with rules adopted by the
board. [1996 c 191 § 35; 1991 c 160 § 4.]
18.57.050
18.57.050 Renewal of licenses—Continuing education requirements. The board may establish rules and regulations governing mandatory continuing education requirements which shall be met by physicians applying for renewal
of licenses. Administrative procedures, administrative
requirements, and fees for applications and renewals shall be
established as provided in RCW 43.70.250 and 43.70.280.
The board shall determine prerequisites for relicensing.
[1996 c 191 § 36; 1991 c 160 § 6; (1991 c 3 § 149 repealed by
1991 sp.s. c 11 § 2); 1985 c 7 § 55; 1979 c 117 § 12; 1975 1st
ex.s. c 30 § 58; 1971 ex.s. c 266 § 11; 1919 c 4 § 6; RRS §
10058. Cf. 1909 c 192 § 7. Formerly RCW 18.57.050 and
18.57.120.]
18.57.080
18.57.080 Examinations. Applicants for a license to
practice osteopathic medicine and surgery must successfully
complete an examination prepared or approved by the board.
The examination shall be conducted in the English language,
shall determine the applicant's fitness to practice osteopathic
medicine and surgery, and may be in whole or in part in writing or by practical application on those general subjects and
topics of which knowledge is commonly and generally
required of applicants who have obtained the doctor of osteopathic medicine and surgery conferred by accredited schools
of osteopathic medicine and surgery approved by the board.
If an examination does not encompass the subject of osteopathic principles and practice, the applicant shall be required
to complete the board-administered examination. The board
may prepare and administer or approve preparation and
administration of examinations on such subjects as the board
deems advisable. The examination papers of any examination
administered by the board shall form a part of the applicant's
records and shall be retained as determined by the secretary
for a period of not less than one year. All applicants for examination or reexamination shall comply with administrative
procedures, administrative requirements, and fees determined as provided in RCW 43.70.250 and 43.70.280. [1996
c 191 § 37; 1991 c 160 § 7; (1991 c 3 § 150 repealed by 1991
[Title 18 RCW—page 157]
18.57.130
Title 18 RCW: Businesses and Professions
sp.s. c 11 § 2); 1979 c 117 § 13; 1919 c 4 § 5; RRS § 10057.
Cf. 1909 c 192 § 6. Formerly RCW 18.57.080 and 18.57.090,
part.]
18.57.130
18.57.130 Persons licensed by other states—Requirements—Fees. Any person who meets the requirements of
RCW 18.57.020 as now or hereafter amended and has been
examined and licensed to practice osteopathic medicine and
surgery by a state board of examiners of another state or the
duly constituted authorities of another state authorized to
issue licenses to practice osteopathic medicine and surgery
upon examination, shall upon approval of the board be entitled to receive a license to practice osteopathic medicine and
surgery in this state upon complying with administrative procedures, administrative requirements, and paying a fee determined as provided in RCW 43.70.250 and 43.70.280 and filing a copy of his or her license in such other state, duly certified by the authorities granting the license to be a full, true,
and correct copy thereof, and certifying also that the standard
of requirements adopted by such authorities as provided by
the law of such state is substantially equal to that provided for
by the provisions of this chapter: PROVIDED, That no
license shall issue without examination to any person who
has previously failed in an examination held in this state:
PROVIDED, FURTHER, That all licenses herein mentioned
may be revoked for unprofessional conduct, in the same manner and upon the same grounds as if issued under this chapter:
PROVIDED, FURTHER, That no one shall be permitted to
practice surgery under this chapter who has not a license to
practice osteopathic medicine and surgery. [1996 c 191 § 38.
Prior: 1991 c 160 § 10; 1991 c 3 § 151; 1985 c 7 § 56; 1979
c 117 § 15; 1975 1st ex.s. c 30 § 59; 1921 c 82 § 1; 1919 c 4
§ 17; RRS § 10069. Formerly RCW 18.57.010, 18.57.040,
part, and 18.57.130.]
18.57.140
18.57.140 Advertising regulations. On all cards, signs,
letterheads, envelopes and billheads used by those licensed
by this chapter to practice osteopathic medicine and surgery
the word "osteopathic" shall always immediately precede the
word "physician" and if the word "surgeon" is used in connection with said name, the word "osteopathic" shall also
immediately precede said word "surgeon." [1996 c 178 § 3;
1919 c 4 § 20; RRS § 10072.]
Effective date—1996 c 178: See note following RCW 18.35.110.
18.57.145
18.57.145 Use of designations in combination with
name. No provision of this chapter or of any other law shall
prevent any person who holds a valid, unrevoked certificate
to practice osteopathic medicine and surgery from using in
combination with his or her name the designation "Osteopathic Physician and Surgeon" or the abbreviation of his or
her professional degree, Doctor of Osteopathy (D.O.), provided he or she hold such professional degree, or any combination thereof upon his or her stationery, in any professional
lists or directories or in other places where the same may
properly appear as permitted within the canons of ethics
approved by the board. [1991 c 160 § 8; 1959 c 110 § 2.]
18.57.150
18.57.150 Applicability of health regulations. All
persons granted licenses or certificates under this chapter
[Title 18 RCW—page 158]
shall be subject to the state and municipal regulations relating
to the control of contagious diseases, the reporting and certifying to births and deaths, and all matters pertaining to public
health; and all such reports shall be accepted as legal. [1919
c 4 § 18; RRS § 10070.]
Vital statistics: Chapter 70.58 RCW.
18.57.160
18.57.160 Unlawful practices. Every person falsely
claiming himself or herself to be the person named in a certificate issued to another, or falsely claiming himself or herself
to be the person entitled to the same, is guilty of forgery
under RCW 9A.60.020. [2003 c 53 § 131; 1981 c 277 § 9;
1919 c 4 § 15; RRS § 10067. Cf. 1909 c 192 § 15.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Forgery: RCW 9A.60.020.
18.57.174
18.57.174 Duty to report unprofessional conduct—
Exceptions. (1) A health care professional licensed under
chapter 18.57 RCW shall report to the board when he or she
has personal knowledge that a practicing osteopathic physician has either committed an act or acts which may constitute
statutorily defined unprofessional conduct or that a practicing
osteopathic physician may be unable to practice osteopathic
medicine with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of drugs, narcotics,
chemicals, or any other type of material, or as a result of any
impairing mental or physical conditions.
(2) Reporting under this section is not required by:
(a) An appropriately appointed peer review committee
member of a licensed hospital or by an appropriately designated professional review committee member of an osteopathic medical society during the investigative phase of their
respective operations if these investigations are completed in
a timely manner; or
(b) A treating licensed health care professional of an
osteopathic physician currently involved in a treatment program as long as the physician patient actively participates in
the treatment program and the physician patient's impairment
does not constitute a clear and present danger to the public
health, safety, or welfare.
(3) The board may impose disciplinary sanctions, including license suspension or revocation, on any health care professional subject to the jurisdiction of the board who has
failed to comply with this section. [2000 c 171 § 20; 1986 c
300 § 9.]
Legislative findings—1986 c 300: "(1) The legislature finds that medical malpractice will be reduced if hospitals establish coordinated medical
malpractice prevention programs and provide greater scrutiny of physicians
prior to granting or renewing hospital privileges.
(2) The legislature also finds that physician disciplinary boards can
reduce medical malpractice if they have access to additional information on
health care providers who are incompetent or impaired." [1986 c 300 § 1.]
Severability—1986 c 300: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 300 § 12.]
18.57.245
18.57.245 Insurer's report of malpractice payments.
Every institution or organization providing professional liability insurance to osteopathic physicians shall send a complete report to the board of all malpractice settlements,
(2004 Ed.)
Osteopathic Physicians' Assistants
awards, or payments in excess of twenty thousand dollars as
a result of a claim or action for damages alleged to have been
caused by an insured physician's incompetency or negligence
in the practice of osteopathic medicine. Such institution or
organization shall also report the award, settlement, or payment of three or more claims during a year as the result of the
alleged physician's incompetence or negligence in the practice of medicine regardless of the dollar amount of the award
or payment.
Reports required by this section shall be made within
sixty days of the date of the settlement or verdict. Failure to
comply with this section is punishable by a civil penalty not
to exceed two hundred fifty dollars. [1986 c 300 § 10.]
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
18.57.250
18.57.250 Physician members of committees to evaluate credentials and qualifications of physicians—Immunity from civil suit. See RCW 4.24.240.
18.57.260 Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit. See RCW 4.24.250, 4.24.260.
18.57.260
18.57.270 Records of medical society or hospital
committee or board not subject to civil process. See
RCW 4.24.250.
18.57.270
18.57.280
18.57.280 Joint practice arrangements. The board is
directed to jointly adopt by consensus, with the medical quality assurance commission and the Washington state nursing
care quality assurance commission, a process and criteria that
implements the joint practice arrangements authorized under
RCW 18.79.240(1)(s). [2000 c 64 § 6.]
Severability—2000 c 64: See note following RCW 18.79.255.
18.57.900 Interchangeable terms. The words "certificates" and "licenses" shall be known as interchangeable
terms in this chapter. [1919 c 4 § 21; RRS § 10073.]
18.57.900
18.57.910
18.57.910 Repeal. All acts and parts of acts in conflict
herewith are hereby repealed. [1919 c 4 § 22.]
18.57.915
18.57.915 Severability—1979 c 117. If any provision
of this 1979 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1979 c 117 § 19.]
Chapter 18.57A RCW
OSTEOPATHIC PHYSICIANS' ASSISTANTS
Chapter 18.57A
Sections
18.57A.005 Regulation of health care professions—Criteria.
18.57A.010 Definitions.
18.57A.020 Rules fixing qualifications and restricting practice—Interim
permit—Applications—Discipline.
18.57A.025 Application of uniform disciplinary act.
18.57A.030 Limitations on practice.
18.57A.040 Practice arrangements.
18.57A.050 Osteopathic physician's liability, responsibility.
18.57A.060 Limitations on health care services.
(2004 Ed.)
18.57A.020
18.57A.070 Physician assistant acupuncturist—Licensure.
Reviser's note: Certain powers and duties of the department of licensing and the director of licensing transferred to the department of health and
the secretary of health. See RCW 43.70.220.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.57A.005
18.57A.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.57A.010
18.57A.010 Definitions. (1) "Osteopathic physician's
assistant" means a person who has satisfactorily completed a
board-approved training program designed to prepare persons to practice osteopathic medicine to a limited extent;
(2) "Board" means the board of osteopathic medicine
and surgery; and
(3) "Practice medicine" shall have the meaning defined
in RCW 18.57.001. [1979 c 117 § 17; 1971 ex.s. c 30 § 7.]
Severability—1979 c 117: See RCW 18.57.915.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.020
18.57A.020 Rules fixing qualifications and restricting practice—Interim permit—Applications—Discipline.
(1) The board shall adopt rules fixing the qualifications and
the educational and training requirements for licensure as an
osteopathic physician assistant or for those enrolled in any
physician assistant training program. The requirements shall
include completion of an accredited physician assistant training program approved by the board and within one year successfully take and pass an examination approved by the
board, providing such examination tests subjects substantially equivalent to the curriculum of an accredited physician
assistant training program. An interim permit may be granted
by the department of health for one year provided the applicant meets all other requirements. Physician assistants
licensed by the board of osteopathic medicine as of July 1,
1999, shall continue to be licensed.
(2)(a) The board shall adopt rules governing the extent to
which:
(i) Physician assistant students may practice medicine
during training; and
(ii) Physician assistants may practice after successful
completion of a training course.
(b) Such rules shall provide:
(i) That the practice of an osteopathic physician assistant
shall be limited to the performance of those services for
which he or she is trained; and
(ii) That each osteopathic physician assistant shall practice osteopathic medicine only under the supervision and
control of an osteopathic physician licensed in this state, but
such supervision and control shall not be construed to necessarily require the personal presence of the supervising physicians at the place where services are rendered. The board may
authorize the use of alternative supervisors who are licensed
either under chapter 18.57 or 18.71 RCW.
(3) Applicants for licensure shall file an application with
the board on a form prepared by the secretary with the
approval of the board, detailing the education, training, and
experience of the physician assistant and such other informa[Title 18 RCW—page 159]
18.57A.025
Title 18 RCW: Businesses and Professions
tion as the board may require. The application shall be
accompanied by a fee determined by the secretary as provided in RCW 43.70.250 and 43.70.280. A surcharge of
twenty-five dollars per year may be charged on each license
renewal or issuance of a new license to be collected by the
department of health for physician assistant participation in
an impaired practitioner program. Each applicant shall furnish proof satisfactory to the board of the following:
(a) That the applicant has completed an accredited physician assistant program approved by the board and is eligible
to take the examination approved by the board;
(b) That the applicant is of good moral character; and
(c) That the applicant is physically and mentally capable
of practicing osteopathic medicine as an osteopathic physician assistant with reasonable skill and safety. The board may
require any applicant to submit to such examination or examinations as it deems necessary to determine an applicant's
physical and/or mental capability to safely practice as an
osteopathic physician assistant.
(4) The board may approve, deny, or take other disciplinary action upon the application for a license as provided in
the uniform disciplinary act, chapter 18.130 RCW. The
license shall be renewed as determined under RCW
43.70.250 and 43.70.280. [1999 c 127 § 2; 1998 c 132 § 13;
1996 c 191 § 39; 1993 c 28 § 1; 1992 c 28 § 1; 1971 ex.s. c 30
§ 8.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
physician group and osteopathic physician assistant. The secretary may charge a fee as provided in RCW 43.70.250 to
recover the cost for the plan review. The practice arrangement plan shall delineate the manner and extent to which the
physician assistant would practice and be supervised. Whenever an osteopathic physician assistant is practicing in a manner inconsistent with the approved practice arrangement plan,
the board may take disciplinary action under chapter 18.130
RCW. [1993 c 28 § 3; 1991 c 3 § 152. Prior: 1986 c 259 §
96; 1985 c 7 § 57; 1975 1st ex.s. c 30 § 60; 1971 ex.s. c 30 §
10.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.050
18.57A.050 Osteopathic physician's liability, responsibility. No osteopathic physician who supervises a licensed
osteopathic physician assistant in accordance with and within
the terms of any permission granted by the board shall be
considered as aiding and abetting an unlicensed person to
practice osteopathic medicine within the meaning of RCW
18.57.001: PROVIDED, HOWEVER, That the supervising
osteopathic physician and the osteopathic physician assistant
shall retain professional and personal responsibility for any
act which constitutes the practice of osteopathic medicine as
defined in RCW 18.57.001 when performed by the physician
assistant. [1993 c 28 § 4; 1986 c 259 § 97; 1971 ex.s. c 30 §
11.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.025
18.57A.025 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
the approval or disapproval of applications and the discipline
of persons authorized to practice under this chapter. [1986 c
259 § 93.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.57A.030
18.57A.030 Limitations on practice. An osteopathic
physician assistant as defined in this chapter may practice
osteopathic medicine in this state only with the approval of
the practice arrangement plan by the board and only to the
extent permitted by the board. An osteopathic physician
assistant who has received a license but who has not received
board approval of the practice arrangement plan under RCW
18.57A.040 may not practice. An osteopathic physician
assistant shall be subject to discipline by the board under the
provisions of chapter 18.130 RCW. [1993 c 28 § 2; 1986 c
259 § 95; 1971 ex.s. c 30 § 9.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.040
18.57A.040 Practice arrangements. (1) No osteopathic physician assistant practicing in this state shall be
employed or supervised by an osteopathic physician or physician group without the approval of the board.
(2) Prior to commencing practice, an osteopathic physician assistant licensed in this state shall apply to the board for
permission to be employed or supervised by an osteopathic
physician or physician group. The practice arrangement plan
shall be jointly submitted by the osteopathic physician or
[Title 18 RCW—page 160]
18.57A.060
18.57A.060 Limitations on health care services. No
health care services may be performed under this chapter in
any of the following areas:
(1) The measurement of the powers or range of human
vision, or the determination of the accommodation and
refractive state of the human eye or the scope of its functions
in general, or the fitting or adaptation of lenses or frames for
the aid thereof.
(2) The prescribing or directing the use of, or using, any
optical device in connection with ocular exercises, visual
training, vision training or orthoptics.
(3) The prescribing of contact lenses for, or the fitting or
adaptation of contact lenses to, the human eye.
(4) Nothing in this section shall preclude the performance of routine visual screening.
(5) The practice of dentistry or dental hygiene as defined
in chapter 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030, paragraphs (1) and (8),
shall not apply to a physician's assistant.
(6) The practice of chiropractic as defined in chapter
18.25 RCW including the adjustment or manipulation of the
articulations of the spine.
(7) The practice of podiatric medicine and surgery as
defined in chapter 18.22 RCW. [2000 c 171 § 21; 1973 c 77
§ 20; 1971 ex.s. c 30 § 12.]
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.070
18.57A.070 Physician assistant acupuncturist—
Licensure. Any physician assistant acupuncturist currently
licensed as a physician assistant may continue to perform
(2004 Ed.)
Occupational Therapy
acupuncture under the physician assistant license as long as
he or she maintains licensure as a physician assistant. [2000
c 93 § 41; 1977 ex.s. c 233 § 1.]
Acupuncture: Chapter 18.06 RCW.
Chapter 18.59
Chapter 18.59 RCW
OCCUPATIONAL THERAPY
Sections
18.59.005
18.59.010
18.59.020
18.59.031
18.59.040
18.59.050
18.59.060
18.59.070
18.59.080
18.59.090
18.59.100
18.59.110
18.59.120
18.59.130
18.59.141
18.59.150
18.59.900
18.59.905
Regulation of health care professions—Criteria.
Purpose.
Definitions.
License required.
Activities not regulated by chapter—Limited permits.
Licenses—Application—Requirements—Waiver.
Examinations.
Waiver of examination and licensing requirements—Applicants licensed in other states or territories.
License issuance—Posting required.
Renewal of licenses—Reinstatement of suspended or revoked
licenses—Inactive status.
Duty to refer medical cases.
Applications—Licenses—Limited permits.
Board of occupational therapy practice established—Members—Terms—Meetings—Compensation.
Board—Powers and duties—Rules.
Application of uniform disciplinary act.
Board—Staff.
Short title.
Severability—1984 c 9.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
18.59.040
selected orthotic and prosthetic devices or selected adaptive
equipment; and adapting environments for the handicapped.
These services are provided individually, in groups, or
through social systems.
(3) "Occupational therapist" means a person licensed to
practice occupational therapy under this chapter.
(4) "Occupational therapy assistant" means a person
licensed to assist in the practice of occupational therapy
under the supervision or with the regular consultation of an
occupational therapist.
(5) "Occupational therapy aide" means a person who is
trained to perform specific occupational therapy techniques
under professional supervision as defined by the board but
who does not perform activities that require advanced training in the sciences or practices involved in the profession of
occupational therapy.
(6) "Occupational therapy practitioner" means a person
who is credentialed as an occupational therapist or occupational therapy assistant.
(7) "Person" means any individual, partnership, unincorporated organization, or corporate body, except that only an
individual may be licensed under this chapter.
(8) "Department" means the department of health.
(9) "Secretary" means the secretary of health. [1999 c
333 § 1; 1991 c 3 § 153; 1984 c 9 § 3.]
18.59.031
18.59.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.59.005
18.59.010 Purpose. In order to safeguard the public
health, safety, and welfare; to protect the public from being
mislead by incompetent, unethical, and unauthorized persons; to assure the highest degree of professional conduct on
the part of occupational therapists and occupational therapy
assistants; and to assure the availability of occupational therapy services of high quality to persons in need of such services, it is the purpose of this chapter to provide for the regulation of persons offering occupational therapy services to the
public. [1984 c 9 § 2.]
18.59.031 License required. No person may practice
or represent himself or herself as an occupational therapy
practitioner without first having a valid license to do so.
[1999 c 333 § 2; 1987 c 150 § 44.]
18.59.010
18.59.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the board of occupational therapy
practice.
(2) "Occupational therapy" is the scientifically based use
of purposeful activity with individuals who are limited by
physical injury or illness, psychosocial dysfunction, developmental or learning disabilities, or the aging process in order
to maximize independence, prevent disability, and maintain
health. The practice encompasses evaluation, treatment, and
consultation. Specific occupational therapy services include
but are not limited to: Using specifically designed activities
and exercises to enhance neurodevelopmental, cognitive,
perceptual motor, sensory integrative, and psychomotor
functioning; administering and interpreting tests such as
manual muscle and sensory integration; teaching daily living
skills; developing prevocational skills and play and avocational capabilities; designing, fabricating, or applying
18.59.020
(2004 Ed.)
Severability—1987 c 150: See RCW 18.122.901.
18.59.040
18.59.040 Activities not regulated by chapter—Limited permits. This chapter shall not be construed as preventing or restricting the practice, services, or activities of:
(1) A person licensed in this state under any other law
from engaging in the profession or occupation for which the
person is licensed;
(2) A person employed as an occupational therapist or
occupational therapy assistant by the government of the
United States, if the person provides occupational therapy
solely under the directions or control of the organization by
which the person is employed;
(3) A person pursuing a course of study leading to a
degree or certificate in occupational therapy in an accredited
or approved educational program if the activities and services
constitute a part of a supervised course of study, if the person
is designated by a title which clearly indicated the person's
status as a student or trainee;
(4) A person fulfilling the supervised fieldwork experience requirements of RCW 18.59.050, if the activities and
services constitute a part of the experience necessary to meet
the requirements of RCW 18.59.050;
(5) A person performing occupational therapy services
in the state, if the services are performed for no more than
ninety working days and if:
(a) The person is licensed under the laws of another state
which has licensure requirements at least as stringent as the
requirements of this chapter, as determined by the board; or
[Title 18 RCW—page 161]
18.59.050
Title 18 RCW: Businesses and Professions
(b) The person has met commonly accepted standards for
the practice of occupational therapy as specifically defined
by the board;
(6) A person employed by or supervised by an occupational therapist as an occupational therapy aide;
(7) A person with a limited permit. A limited permit may
be granted to persons who have completed the education and
experience requirements of this chapter, or education and
experience requirements which the board deems equivalent
to those specified as requirements for licensure. The limited
permit allows the applicant to practice in association with an
occupational therapist. The limited permit is valid until the
results of the next examination have been made public. One
extension of this permit may be granted if the applicant has
failed the examination, but during this period the person shall
be under the direct supervision of an occupational therapist;
(8) Any persons who teach daily living skills, develop
prevocational skills, and play and avocational capabilities, or
adapt equipment or environments for the handicapped, or
who do specific activities to enhance cognitive, perceptual
motor, sensory integrative and psychomotor skills, but who
do not hold themselves out to the public by any title, initials,
or description of services as being engaged in the practice of
occupational therapy; or
(9) Any person who designs, fabricates, or applies
orthotic or prosthetic devices which are prescribed by a
health care professional authorized by the laws of the state of
Washington to prescribe the device or to direct the design,
fabrication or application of the device. [1985 c 296 § 1;
1984 c 9 § 5.]
18.59.050 Licenses—Application—Requirements—
Waiver. (1) An applicant applying for a license as an occupational therapist or as an occupational therapy assistant shall
file a written application on forms provided by the department showing to the satisfaction of the board that the applicant meets the requirements specified in this subsection.
(a) The applicant shall be of good moral character.
(b) The applicant shall present evidence satisfactory to
the board of having successfully completed the academic
requirements of an educational program in occupational therapy recognized by the board, with concentration in biological
or physical science, psychology, sociology, and with education in selected manual skills.
(i) For an occupational therapist, such a program shall be
nationally accredited and approved by rules of the board.
(ii) For an occupational therapy assistant, such a program shall be nationally accredited and approved by rules of
the board.
(c) The applicant shall submit to the board evidence of
having successfully completed a period of supervised fieldwork experience at a recognized educational institution or a
training program approved by the educational institution at
which the applicant met the academic requirements.
(i) For an occupational therapist, a minimum of six
months of supervised fieldwork experience is required.
(ii) For an occupational therapy assistant, a minimum of
two months of supervised fieldwork experience is required.
(d) An applicant for licensure as an occupational therapist or as an occupational therapy assistant shall pass an
examination as provided in RCW 18.59.060.
18.59.050
[Title 18 RCW—page 162]
(2) The board may waive the educational requirements
specified under subsection (1)(b)(ii) of this section for an
occupational therapy assistant who has met the experience
and any other requirements established by the board. Upon
successful completion of the examination required of the
occupational therapist, the individual shall be granted a
license. [1984 c 9 § 6.]
18.59.060
18.59.060 Examinations. (1) A person applying for
licensure shall demonstrate eligibility in accordance with
RCW 18.59.050 and shall apply for examination upon a form
and in such a manner as the department prescribes. The application shall be accompanied by the fee prescribed by RCW
18.59.110, which fee shall not be refunded. A person who
fails an examination may apply for reexamination. The application shall be accompanied by the prescribed fee.
(2) An applicant for licensure under this chapter shall be
given a written examination to test the applicant's knowledge
of the basic and clinical sciences relating to occupational
therapy and occupational therapy theory and practice, including the applicant's professional skills of occupational therapy
techniques and methods, and such other subjects as the board
deems useful to determine the applicant's fitness to practice.
The board shall approve the examination and establish standards for acceptable performance.
(3) Applicants for licensure shall be examined at a time
and place and under such supervision as the board may determine. The examination shall be given at least twice each year
at such places as the board determines, and the board shall
give reasonable public notice of the examinations in accordance with its rules at least sixty days prior to the administration of the examination.
(4) Applicants may obtain their examination scores and
may review their papers in accordance with such rules as the
board establishes. [1984 c 9 § 7.]
18.59.070
18.59.070 Waiver of examination and licensing
requirements—Applicants licensed in other states or territories. (1) The board shall waive the examination and grant
a license to a person engaged in the profession of an occupational therapist or an occupational therapy assistant on June
7, 1984, if the board determines that the person meets commonly accepted standards for the profession, as established
by rule of the board. The board may waive the examination,
education, or experience requirements and grant a license to
any person meeting the standards adopted by the board under
this section after June 7, 1984, if the board considers the
requirements for licensure in this chapter as having been met.
(2) The board may grant a license to any applicant who
presents proof of current licensure as an occupational therapist or occupational therapy assistant in another state, the
District of Columbia, or a territory of the United States,
which requires standards for licensure considered by the
board to be equivalent to the requirements for licensure under
this chapter.
(3) The board shall waive the education and experience
requirements for licensure in RCW 18.59.050(1) (c) and (d)
for applicants for licensure who present evidence to the board
that they have been engaged in the practice of occupational
therapy for the three years immediately prior to June 7, 1984.
(2004 Ed.)
Occupational Therapy
The proof of actual practice shall be presented to the board in
such a manner as the board prescribes by rule. To obtain the
waiver, an applicant shall file an application for examination
no later than six months from June 7, 1984. An applicant who
has filed for examination under this subsection shall be
excluded from the licensure requirement until the date the
results of the examination are made public, and may conduct
the appropriate activities under *RCW 18.59.030. [1984 c 9
§ 8.]
*Reviser's note: RCW 18.59.030 was repealed by 1986 c 259 § 103.
18.59.080
18.59.080 License issuance—Posting required. The
secretary shall issue a license to a person who meets the
licensing requirements of this chapter upon payment of the
prescribed license fee. The license shall be posted in a conspicuous location at the person's work site. [1991 c 3 § 154;
1984 c 9 § 9.]
18.59.090
18.59.090 Renewal of licenses—Reinstatement of
suspended or revoked licenses—Inactive status. (1)
Licenses under this chapter shall be renewed at the time and
in the manner determined by the secretary and with the payment of a renewal fee. The board shall establish requirements
for license renewal which provide evidence of continued
competency. The secretary may provide for the late renewal
of a license upon the payment of a late fee in accordance with
its rules which may include additional continuing education
or examination requirements.
(2) A suspended license is subject to expiration and may
be renewed as provided in this section, but the renewal does
not entitle the licensee, while the license remains suspended
and until it is reinstated, to engage in the licensed activity, or
in any other conduct or activity in violation of the order or
judgment by which the license was suspended. If a license
revoked on disciplinary grounds is reinstated, the licensee, as
a condition of reinstatement, shall pay the renewal fee and
any applicable late fee.
(3) Any occupational therapist or occupational therapy
assistant licensed under this chapter not practicing occupational therapy or providing services may place his or her
license in an inactive status. The secretary may prescribe
requirements for maintaining an inactive status and converting from an inactive or active status. [1991 c 3 § 155; 1990 c
13 § 1; 1984 c 9 § 10.]
18.59.100
18.59.100 Duty to refer medical cases. An occupational therapist shall, after evaluating a patient and if the case
is a medical one, refer the case to a physician for appropriate
medical direction if such direction is lacking. Treatment by
an occupational therapist of such a medical case may take
place only upon the referral of a physician, osteopathic physician, podiatric physician and surgeon, naturopath, chiropractor, physician assistant, psychologist, or advanced registered nurse practitioner licensed to practice in this state.
[1999 c 333 § 3; 1986 c 259 § 101; 1984 c 9 § 11.]
Savings—1986 c 259 §§ 101, 103: "The repeal of RCW 18.59.030 and
18.59.200 and the amendment of RCW 18.59.100 by this act shall not be
construed as affecting any rights and duties which matured, penalties which
were incurred, and proceedings which were begun before June 11, 1986."
[1986 c 259 § 104.]
Severability—1986 c 259: See note following RCW 18.130.010.
(2004 Ed.)
18.59.130
18.59.110
18.59.110 Applications—Licenses—Limited permits.
Administrative procedures, administrative requirements, and
fees shall be established as provided in RCW 43.70.250 and
43.70.280 for applications, initial and renewal licenses, and
limited permits. [1996 c 191 § 41; 1991 c 3 § 156; 1985 c 7
§ 58; 1984 c 9 § 12.]
18.59.120 Board of occupational therapy practice
established—Members—Terms—Meetings—Compensation. (1) There is established a board of occupational therapy
practice. The board shall consist of five members appointed
by the governor, who may consider the persons who are recommended for appointment by occupational therapy associations of the state. The members of the board shall be residents
of the state. Four of the members shall have been engaged in
rendering services to the public, teaching, or research in
occupational therapy for at least five years immediately preceding their appointment. Three of these four board members
shall be occupational therapists who shall at all times be holders of licenses for the practice of occupational therapy in the
state, except for the initial members of the board, all of whom
shall fulfill the requirements for licensure under this chapter.
At least one member of the board shall be an occupational
therapy assistant licensed to assist in the practice of occupational therapy, except for the initial member appointed to this
position, who shall fulfill the requirements for licensure as a
occupational therapy assistant under this chapter. The
remaining member of the board shall be a member of the public with an interest in the rights of consumers of health services.
(2) The governor shall, within sixty days after June 7,
1984, appoint one member for a term of one year, two members for a term of two years, and two members for a term of
three years. Appointments made thereafter shall be for
three-year terms, but no person shall be appointed to serve
more than two consecutive full terms. Terms shall begin on
the first day of the calendar year and end on the last day of the
calendar year or until successors are appointed, except for the
initial appointed members, who shall serve through the last
calendar day of the year in which they are appointed before
commencing the terms prescribed by this section. The governor shall make appointments for vacancies in unexpired
terms within ninety days after the vacancies occur.
(3) The board shall meet during the first month of each
calendar year to select a chairman and for other purposes. At
least one additional meeting shall be held before the end of
each calendar year. Further meetings may be convened at the
call of the chairman or the written request of any two board
members. A majority of members of the board constitutes a
quorum for all purposes. All meetings of the board shall be
open to the public, except that the board may hold closed sessions to prepare, approve, grade, or administer examinations
or, upon request of an applicant who fails an examination, to
prepare a response indicating the reasons for the applicant's
failure.
(4) Members of the board shall receive compensation in
the amount of fifty dollars for each day's attendance at proper
meetings of the committee. [1984 c 9 § 13.]
18.59.120
18.59.130
18.59.130 Board—Powers and duties—Rules. (1)
The board shall administer, coordinate, and enforce this
[Title 18 RCW—page 163]
18.59.141
Title 18 RCW: Businesses and Professions
chapter, evaluate qualifications under this chapter, and provide for supervision of examinations of applicants for licensure under this chapter.
(2) The board may adopt such rules as it deems necessary in the administration of this chapter. [1986 c 259 § 102;
1984 c 9 § 14.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.59.141 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
43; 1986 c 259 § 100.]
18.59.141
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.59.150
18.59.150 Board—Staff. The secretary shall provide
such administrative and investigative staff as are necessary
for the board to carry out its duties under this chapter. [1991
c 3 § 157; 1984 c 9 § 15.]
18.59.900 Short title. This chapter shall be known and
may be cited as the occupational therapy practice act. [1984
c 9 § 1.]
18.59.900
18.59.905 Severability—1984 c 9. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 9 § 21.]
18.59.905
18.64.245
18.64.246
18.64.250
18.64.255
18.64.257
18.64.270
18.64.275
18.64.280
18.64.300
18.64.301
18.64.302
18.64.310
18.64.350
18.64.360
18.64.370
18.64.380
18.64.390
18.64.400
18.64.410
18.64.420
18.64.430
18.64.450
18.64.460
18.64.470
18.64.900
18.64.910
18.64.911
18.64.920
Prescription records—Penalty.
Prescriptions—Labels—Cover or cap to meet safety standards—Penalty.
Unlawful practices—Penalty for violations—Exceptions.
Authorized practices.
Prescription of legend drugs by dialysis programs.
Responsibility for drug purity—Adulteration—Penalty.
Limitations on liability for dispensing of prescription.
General penalty.
Pharmacist members of committees to evaluate credentials and
qualifications of pharmacists—Immunity from civil suit.
Pharmacists filing charges or presenting evidence before pharmaceutical society—Immunity from civil suit.
Records of pharmaceutical society not subject to civil process.
Department of health—Powers and duties.
Nonresident pharmacies—Findings.
Nonresident pharmacies—Definition—Requirements—
Exemption.
Nonresident pharmacies—License required—Application—
Renewal.
Nonresident pharmacies—Information required—Inspection.
Nonresident pharmacies—Violations—Penalties.
Nonresident pharmacies—Definition—Advertising.
Nonresident pharmacies—Rules.
Nonresident pharmacies—Information confidential—Exceptions.
Cost disclosure to health care providers.
Health care entity—License requirements for legend drugs and
controlled substances—Exception.
Health care entity—License fee—Requirements—Penalty.
Health care entity—Records.
Severability—1923 c 180.
Severability—1935 c 98.
Severability—1963 c 38.
Repealer—1935 c 98.
AIDS education and training: Chapter 70.24 RCW.
Authority of board of pharmacy to regulate packaging of drugs and cosmetics under poison prevention act: RCW 70.106.150.
Dentists, filling prescriptions issued by: RCW 18.32.685.
Drugs and cosmetics: Chapter 69.04 RCW.
Chapter 18.64
Chapter 18.64 RCW
PHARMACISTS
Sections
18.64.001
18.64.002
18.64.003
18.64.005
18.64.009
18.64.011
18.64.020
18.64.040
18.64.043
18.64.044
18.64.045
18.64.046
18.64.047
18.64.050
18.64.080
18.64.140
18.64.160
18.64.163
18.64.165
18.64.200
18.64.205
State board of pharmacy—Creation—Membership—Oath—
Vacancies.
Regulation of health care professions—Criteria.
State board of pharmacy—Meetings—Chairperson—Compensation and travel expenses.
State board of pharmacy—Powers and duties.
Department of health—Enforcement employees declared to be
peace officers—Authority.
Definitions.
Licensing required.
Examination fee.
Pharmacy license—Fee—Display—Declaration of ownership
and location—Penalties.
Shopkeeper's registration—Penalty—Ephedrine/pseudoephedrine/phenylpropanolamine.
Manufacturer's license—Fees—Display—Declaration of
ownership and location—Penalties.
Wholesaler's license—Required—Authority of licensee—
Penalty—Ephedrine/pseudoephedrine/phenylpropanolamine.
Itinerant vendor's or peddler's registration—Fee—Penalties—
Ephedrine/pseudoephedrine/phenylpropanolamine.
Duplicate for lost or destroyed license or certificate—Certified
documents—Fees.
Licensing of pharmacists—Registration of interns—Prerequisites—Examinations—Reciprocity—Fees—Renewal.
License—Fees—Display—Inactive license.
Disciplinary action against pharmacist's and intern's
licenses—Grounds.
Uniform Disciplinary Act.
Refusal, suspension, and revocation of other licenses.
Refusal, suspension, and revocation of other licenses—Appeal
procedure.
Retired active license status.
[Title 18 RCW—page 164]
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Licensee and registrant requirements regarding ephedrine, pseudoephedrine, or phenylpropanolamine: RCW 69.43.160.
Poisons and dangerous drugs, dispensing and sale: Chapter 69.40 RCW.
Rebating by vendors of medical supplies prohibited: Chapter 19.68 RCW.
Regulation of practice of medicine and surgery, sale of drugs and medicines:
State Constitution Art. 20 § 2.
Unlawful to refill trademarked containers: RCW 19.76.110.
18.64.001
18.64.001 State board of pharmacy—Creation—
Membership—Oath—Vacancies. There shall be a state
board of pharmacy consisting of seven members, to be
appointed by the governor by and with the advice and consent
of the senate. Five of the members shall be designated as
pharmacist members and two of the members shall be designated a public member.
Each pharmacist member shall be a citizen of the United
States and a resident of this state, and at the time of his
appointment shall have been a duly registered pharmacist
under the laws of this state for a period of at least five consecutive years immediately preceding his appointment and shall
at all times during his incumbency continue to be a duly
licensed pharmacist: PROVIDED, That subject to the availability of qualified candidates the governor shall appoint
pharmacist members representative of the areas of practice
and geographically representative of the state of Washington.
The public member shall be a citizen of the United States
and a resident of this state. The public member shall be
(2004 Ed.)
Pharmacists
appointed from the public at large, but shall not be affiliated
with any aspect of pharmacy.
Members of the board shall hold office for a term of four
years, and the terms shall be staggered so that the terms of
office of not more than two members will expire simultaneously on the third Monday in January of each year.
No person who has been appointed to and served for two
four year terms shall be eligible for appointment to the board.
Each member shall qualify by taking the usual oath of a
state officer, which shall be filed with the secretary of state,
and each member shall hold office for the term of his appointment and until his successor is appointed and qualified.
In case of the resignation or disqualification of a member, or a vacancy occurring from any cause, the governor
shall appoint a successor for the unexpired term. [1984 c 153
§ 1; 1981 c 338 § 17; 1973 1st ex.s. c 18 § 1; 1963 c 38 § 16;
1935 c 98 § 1; RRS § 10132. Formerly RCW 43.69.010.]
18.64.002 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.64.002
18.64.003 State board of pharmacy—Meetings—
Chairperson—Compensation and travel expenses. Members of the board shall meet at such places and times as it
shall determine and as often as necessary to discharge the
duties imposed upon it. The board shall elect a chairperson
and a vice chairperson from among its members. Each member shall be compensated in accordance with RCW 43.03.240
and shall be reimbursed for travel expenses in accordance
with RCW 43.03.050 and 43.03.060. [1984 c 287 § 43; 1979
c 90 § 1; 1975-'76 2nd ex.s. c 34 § 40; 1963 c 38 § 17; 1935
c 98 § 2; RRS § 10132-1. Formerly RCW 43.69.020.]
18.64.003
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.64.005 State board of pharmacy—Powers and
duties. The board shall:
(1) Regulate the practice of pharmacy and enforce all
laws placed under its jurisdiction;
(2) Prepare or determine the nature of, and supervise the
grading of, examinations for applicants for pharmacists'
licenses;
(3) Establish the qualifications for licensure of pharmacists or pharmacy interns;
(4) Conduct hearings for the revocation or suspension of
licenses, permits, registrations, certificates, or any other
authority to practice granted by the board, which hearings
may also be conducted by an administrative law judge
appointed under chapter 34.12 RCW;
(5) Issue subpoenas and administer oaths in connection
with any hearing, or disciplinary proceeding held under this
chapter or any other chapter assigned to the board;
(6) Assist the regularly constituted enforcement agencies
of this state in enforcing all laws pertaining to drugs, controlled substances, and the practice of pharmacy, or any other
laws or rules under its jurisdiction;
(7) Promulgate rules for the dispensing, distribution,
wholesaling, and manufacturing of drugs and devices and the
practice of pharmacy for the protection and promotion of the
18.64.005
(2004 Ed.)
18.64.009
public health, safety, and welfare. Violation of any such rules
shall constitute grounds for refusal, suspension, or revocation
of licenses or any other authority to practice issued by the
board;
(8) Adopt rules establishing and governing continuing
education requirements for pharmacists and other licensees
applying for renewal of licenses under this chapter;
(9) Be immune, collectively and individually, from suit
in any action, civil or criminal, based upon any disciplinary
proceedings or other official acts performed as members of
such board. Such immunity shall apply to employees of the
department when acting in the course of disciplinary proceedings;
(10) Suggest strategies for preventing, reducing, and
eliminating drug misuse, diversion, and abuse, including professional and public education, and treatment of persons misusing and abusing drugs;
(11) Conduct or encourage educational programs to be
conducted to prevent the misuse, diversion, and abuse of
drugs for health care practitioners and licensed or certified
health care facilities;
(12) Monitor trends of drug misuse, diversion, and abuse
and make periodic reports to disciplinary boards of licensed
health care practitioners and education, treatment, and appropriate law enforcement agencies regarding these trends;
(13) Enter into written agreements with all other state
and federal agencies with any responsibility for controlling
drug misuse, diversion, or abuse and with health maintenance
organizations, health care service contractors, and health care
providers to assist and promote coordination of agencies
responsible for ensuring compliance with controlled substances laws and to monitor observance of these laws and
cooperation between these agencies. The department of
social and health services, the department of labor and industries, and any other state agency including licensure disciplinary boards, shall refer all apparent instances of over-prescribing by practitioners and all apparent instances of legend drug
overuse to the department. The department shall also encourage such referral by health maintenance organizations, health
service contractors, and health care providers. [1990 c 83 §
1; 1989 1st ex.s. c 9 § 409; 1984 c 153 § 2; 1981 c 67 § 21;
1979 c 90 § 2; 1973 1st ex.s. c 18 § 2; 1963 c 38 § 18; 1935 c
98 § 3; RRS § 10132-2. Formerly RCW 43.69.030.]
Section captions not law—1990 c 83: "Section captions as used in this
act do not constitute any part of the law." [1990 c 83 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
18.64.009
18.64.009 Department of health—Enforcement
employees declared to be peace officers—Authority.
Employees of the department, who are designated by the
board as enforcement officers, are declared to be peace officers and shall be vested with police powers to enforce chapters
18.64, 69.04, 69.36, 69.40, 69.41, and 69.50 RCW and all
other laws enforced by the board. [1989 1st ex.s. c 9 § 411;
1985 c 7 § 59; 1979 c 90 § 4; 1969 ex.s. c 82 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
[Title 18 RCW—page 165]
18.64.011
18.64.011
Title 18 RCW: Businesses and Professions
18.64.011 Definitions. Unless the context clearly
requires otherwise, definitions of terms shall be as indicated
when used in this chapter.
(1) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust,
estate, trust, partnership or association, or any other legal
entity.
(2) "Board" means the Washington state board of pharmacy.
(3) "Drugs" means:
(a) Articles recognized in the official United States pharmacopoeia or the official homeopathic pharmacopoeia of the
United States;
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or
other animals;
(c) Substances (other than food) intended to affect the
structure or any function of the body of man or other animals;
or
(d) Substances intended for use as a component of any
substances specified in (a), (b), or (c) of this subsection, but
not including devices or their component parts or accessories.
(4) "Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories,
intended (a) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals, or (b)
to affect the structure or any function of the body of man or
other animals.
(5) "Nonlegend" or "nonprescription" drugs means any
drugs which may be lawfully sold without a prescription.
(6) "Legend drugs" means any drugs which are required
by any applicable federal or state law or regulation to be dispensed on prescription only or are restricted to use by practitioners only.
(7) "Controlled substance" means a drug or substance, or
an immediate precursor of such drug or substance, so designated under or pursuant to the provisions of chapter 69.50
RCW.
(8) "Prescription" means an order for drugs or devices
issued by a practitioner duly authorized by law or rule in the
state of Washington to prescribe drugs or devices in the
course of his or her professional practice for a legitimate
medical purpose.
(9) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly authorized by law or rule in
the state of Washington to prescribe drugs.
(10) "Pharmacist" means a person duly licensed by the
Washington state board of pharmacy to engage in the practice
of pharmacy.
(11) "Practice of pharmacy" includes the practice of and
responsibility for: Interpreting prescription orders; the compounding, dispensing, labeling, administering, and distributing of drugs and devices; the monitoring of drug therapy and
use; the initiating or modifying of drug therapy in accordance
with written guidelines or protocols previously established
and approved for his or her practice by a practitioner authorized to prescribe drugs; the participating in drug utilization
reviews and drug product selection; the proper and safe storing and distributing of drugs and devices and maintenance of
proper records thereof; the providing of information on legend drugs which may include, but is not limited to, the advis[Title 18 RCW—page 166]
ing of therapeutic values, hazards, and the uses of drugs and
devices.
(12) "Pharmacy" means every place properly licensed by
the board of pharmacy where the practice of pharmacy is conducted.
(13) The words "drug" and "devices" shall not include
surgical or dental instruments or laboratory materials, gas and
oxygen, therapy equipment, X-ray apparatus or therapeutic
equipment, their component parts or accessories, or equipment, instruments, apparatus, or contrivances used to render
such articles effective in medical, surgical, or dental treatment, or for use or consumption in or for mechanical, industrial, manufacturing, or scientific applications or purposes,
nor shall the word "drug" include any article or mixture covered by the Washington pesticide control act (chapter 15.58
RCW), as enacted or hereafter amended, nor medicated feed
intended for and used exclusively as a feed for animals other
than man.
(14) The word "poison" shall not include any article or
mixture covered by the Washington pesticide control act
(chapter 15.58 RCW), as enacted or hereafter amended.
(15) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a
drug or device, whether or not there is an agency relationship.
(16) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant to
that prescription or order, the proper selection, measuring,
compounding, labeling, or packaging necessary to prepare
that prescription or order for delivery.
(17) "Distribute" means the delivery of a drug or device
other than by administering or dispensing.
(18) "Compounding" shall be the act of combining two
or more ingredients in the preparation of a prescription.
(19) "Wholesaler" shall mean a corporation, individual,
or other entity which buys drugs or devices for resale and distribution to corporations, individuals, or entities other than
consumers.
(20) "Manufacture" means the production, preparation,
propagation, compounding, or processing of a drug or other
substance or device or the packaging or repackaging of such
substance or device, or the labeling or relabeling of the commercial container of such substance or device, but does not
include the activities of a practitioner who, as an incident to
his or her administration or dispensing such substance or
device in the course of his or her professional practice, prepares, compounds, packages, or labels such substance or
device.
(21) "Manufacturer" shall mean a person, corporation, or
other entity engaged in the manufacture of drugs or devices.
(22) "Labeling" shall mean the process of preparing and
affixing a label to any drug or device container. The label
must include all information required by current federal and
state law and pharmacy rules.
(23) "Administer" means the direct application of a drug
or device, whether by injection, inhalation, ingestion, or any
other means, to the body of a patient or research subject.
(24) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
(2004 Ed.)
Pharmacists
expiration date common to each renewable license endorsement.
(25) "Department" means the department of health.
(26) "Secretary" means the secretary of health or the secretary's designee.
(27) "Health care entity" means an organization that provides health care services in a setting that is not otherwise
licensed by the state. Health care entity includes a free-standing outpatient surgery center or a free-standing cardiac care
center. It does not include an individual practitioner's office
or a multipractitioner clinic. [1997 c 129 § 1; 1995 c 319 § 2;
1989 1st ex.s. c 9 § 412; 1984 c 153 § 3; 1982 c 182 § 29;
1979 c 90 § 5; 1963 c 38 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1982 c 182: See RCW 19.02.901.
18.64.044
keep the license of location or the renewal thereof properly
exhibited in said pharmacy.
(3) Failure to comply with this section shall be deemed a
misdemeanor, and each day that said failure continues shall
be deemed a separate offense.
(4) In the event such license fee remains unpaid on the
date due, no renewal or new license shall be issued except
upon compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 43; 1991 c 229 § 3;
1989 1st ex.s. c 9 § 414; 1984 c 153 § 4; 1979 c 90 § 8; 1971
ex.s. c 201 § 2; 1963 c 38 § 3; 1949 c 153 § 4; 1935 c 98 § 8;
1909 c 213 § 12; Rem. Supp. 1949 § 10145. Formerly RCW
18.67.020.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.020
18.64.020 Licensing required. It shall hereafter be
unlawful for any person to practice pharmacy or to institute
or operate any pharmacy unless such person shall be a
licensed pharmacist or shall place in charge of said pharmacy
a licensed pharmacist: PROVIDED, That persons licensed as
manufacturers or as wholesalers, and their employees, acting
within the scope of their licenses, shall be exempt from this
section. [1979 c 90 § 6; 1899 c 121 § 1; RRS § 10126. Prior:
1891 c 113 § 1. Formerly RCW 18.67.010, part.]
18.64.040
18.64.040 Examination fee. Every applicant for
license examination under this chapter shall pay the sum
determined by the secretary under RCW 43.70.250 and
43.70.280 before the examination is attempted. [1996 c 191
§ 42; 1989 1st ex.s. c 9 § 413; 1979 c 90 § 7; 1971 ex.s. c 201
§ 1; 1963 c 38 § 2; 1949 c 153 § 1; 1935 c 98 § 4; 1909 c 213
§ 5; 1899 c 121 § 10; Rem. Supp. 1949 § 10135.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1971 ex.s. c 201: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1971 ex.s. c 201 § 9.]
18.64.043
18.64.043 Pharmacy license—Fee—Display—Declaration of ownership and location—Penalties. (1) The
owner of each pharmacy shall pay an original license fee to
be determined by the secretary, and annually thereafter, on or
before a date to be determined by the secretary, a fee to be
determined by the secretary, for which he or she shall receive
a license of location, which shall entitle the owner to operate
such pharmacy at the location specified, or such other temporary location as the secretary may approve, for the period
ending on a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, and each such
owner shall at the time of filing proof of payment of such fee
as provided in RCW 18.64.045 as now or hereafter amended,
file with the department on a blank therefor provided, a declaration of ownership and location, which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of ownership of the pharmacy mentioned
therein.
(2) It shall be the duty of the owner to immediately notify
the department of any change of location or ownership and to
(2004 Ed.)
18.64.044
18.64.044 Shopkeeper's registration—Penalty—
Ephedrine/pseudoephedrine/phenylpropanolamine. (1)
A shopkeeper registered as provided in this section may sell
nonprescription drugs, if such drugs are sold in the original
package of the manufacturer.
(2) Every shopkeeper not a licensed pharmacist, desiring
to secure the benefits and privileges of this section, is hereby
required to register as a shopkeeper through the master
license system, and he or she shall pay the fee determined by
the secretary for registration, and on a date to be determined
by the secretary thereafter the fee determined by the secretary
for renewal of the registration; and shall at all times keep said
registration or the current renewal thereof conspicuously
exposed in the location to which it applies. In event such
shopkeeper's registration is not renewed by the master license
expiration date, no renewal or new registration shall be issued
except upon payment of the registration renewal fee and the
master license delinquency fee under chapter 19.02 RCW.
This registration fee shall not authorize the sale of legend
drugs or controlled substances.
(3) The registration fees determined by the secretary
under subsection (2) of this section shall not exceed the cost
of registering the shopkeeper.
(4) Any shopkeeper who shall vend or sell, or offer to
sell to the public any such nonprescription drug or preparation without having registered to do so as provided in this
section, shall be guilty of a misdemeanor and each sale or
offer to sell shall constitute a separate offense.
(5) A shopkeeper who is not a licensed pharmacy may
purchase ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, only from a
wholesaler licensed by the department under RCW 18.64.046
or from a manufacturer licensed by the department under
RCW 18.64.045. The board shall issue a warning to a shopkeeper who violates this subsection, and may suspend or
revoke the registration of the shopkeeper for a subsequent
violation.
(6) A shopkeeper who has purchased ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers,
or salts of isomers, in a suspicious transaction as defined in
RCW 69.43.035, is subject to the following requirements:
(a) The shopkeeper may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their
[Title 18 RCW—page 167]
18.64.045
Title 18 RCW: Businesses and Professions
salts, isomers, or salts of isomers, if the total monthly sales of
these products exceed ten percent of the shopkeeper's total
prior monthly sales of nonprescription drugs in March
through October. In November through February, the shopkeeper may not sell any quantity of ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or
salts of isomers, if the total monthly sales of these products
exceed twenty percent of the shopkeeper's total prior monthly
sales of nonprescription drugs. For purposes of this section,
"monthly sales" means total dollars paid by buyers. The
board may suspend or revoke the registration of a shopkeeper
who violates this subsection.
(b) The shopkeeper shall maintain inventory records of
the receipt and disposition of nonprescription drugs, utilizing
existing inventory controls if an auditor or investigator can
determine compliance with (a) of this subsection, and otherwise in the form and manner required by the board. The
records must be available for inspection by the board or any
law enforcement agency and must be maintained for two
years. The board may suspend or revoke the registration of a
shopkeeper who violates this subsection. For purposes of this
subsection, "disposition" means the return of product to the
wholesaler or distributor. [2004 c 52 § 2. Prior: 1989 1st
ex.s. c 9 § 401; 1989 c 352 § 1; 1984 c 153 § 5; 1982 c 182 §
30; 1979 c 90 § 17.]
Finding—2004 c 52: "The legislature finds that quantities of ephedrine, pseudoephedrine, and phenylpropanolamine continue to be sold at the
wholesale and retail levels far in excess of legitimate consumer needs. The
excess quantities being sold are most likely used in the criminal manufacture
of methamphetamine. It is therefore necessary for the legislature to further
regulate the sales of these drugs, including sales from out-of-state sources, in
order to reduce the threat that methamphetamine presents to the people of the
state." [2004 c 52 § 1.]
Severability—2004 c 52: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2004 c 52 § 8.]
Effective date—2004 c 52: "This act takes effect July 1, 2004." [2004
c 52 § 9.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1982 c 182: See RCW 19.02.901.
Master license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
system
existing licenses or permits registered under, when: RCW 19.02.810.
generally: RCW 18.64.011(24).
to include additional licenses: RCW 19.02.110.
18.64.045
18.64.045 Manufacturer's license—Fees—Display—
Declaration of ownership and location—Penalties. (1)
The owner of each and every place of business which manufactures drugs shall pay a license fee to be determined by the
secretary, and thereafter, on or before a date to be determined
by the secretary, a fee to be determined by the secretary as
provided in RCW 43.70.250 and 43.70.280, for which the
owner shall receive a license of location from the department,
which shall entitle the owner to manufacture drugs at the
location specified for the period ending on a date to be determined by the secretary, and each such owner shall at the time
of payment of such fee file with the department, on a blank
therefor provided, a declaration of ownership and location,
which declaration of ownership and location so filed as afore[Title 18 RCW—page 168]
said shall be deemed presumptive evidence of the ownership
of such place of business mentioned therein. It shall be the
duty of the owner to notify immediately the department of
any change of location or ownership and to keep the license
of location or the renewal thereof properly exhibited in such
place of business.
(2) Failure to conform with this section is a misdemeanor, and each day that the failure continues is a separate
offense.
(3) In event the license fee remains unpaid on the date
due, no renewal or new license shall be issued except upon
compliance with administrative procedures, administrative
requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. [2003 c 53 § 132; 1996 c 191 § 44;
1991 c 229 § 4; 1989 1st ex.s. c 9 § 416; 1984 c 153 § 6; 1979
c 90 § 9; 1971 ex.s. c 201 § 3; 1963 c 38 § 4; 1949 c 153 § 5;
Rem. Supp. 1949 § 10154-4. Formerly RCW 18.67.140.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.046
18.64.046 Wholesaler's license—Required—Authority of licensee—Penalty—Ephedrine/pseudoephedrine/phenylpropanolamine. (1) The owner of each place
of business which sells legend drugs and nonprescription
drugs, or nonprescription drugs at wholesale shall pay a
license fee to be determined by the secretary, and thereafter,
on or before a date to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, a like fee to be
determined by the secretary, for which the owner shall
receive a license of location from the department, which shall
entitle such owner to either sell legend drugs and nonprescription drugs or nonprescription drugs at wholesale at the
location specified for the period ending on a date to be determined by the secretary, and each such owner shall at the time
of payment of such fee file with the department, on a blank
therefor provided, a declaration of ownership and location,
which declaration of ownership and location so filed as aforesaid shall be deemed presumptive evidence of the ownership
of such place of business mentioned therein. It shall be the
duty of the owner to notify immediately the department of
any change of location and ownership and to keep the license
of location or the renewal thereof properly exhibited in such
place of business.
(2) Failure to conform with this section is a misdemeanor, and each day that the failure continues is a separate
offense.
(3) In event the license fee remains unpaid on the date
due, no renewal or new license shall be issued except upon
compliance with administrative procedures, administrative
requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280.
(4) No wholesaler may sell any quantity of drug products
containing ephedrine, pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total
monthly sales of these products to persons within the state of
Washington exceed five percent of the wholesaler's total
prior monthly sales of nonprescription drugs to persons
within the state in March through October. In November
(2004 Ed.)
Pharmacists
through February, no wholesaler may sell any quantity of
drug products containing ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers if the total monthly sales of these products to persons
within the state of Washington exceed ten percent of the
wholesaler's total prior monthly sales of nonprescription
drugs to persons within the state. For purposes of this section, monthly sales means total dollars paid by buyers. The
board may suspend or revoke the license of any wholesaler
that violates this section.
(5) The board may exempt a wholesaler from the limitations of subsection (4) of this section if it finds that the wholesaler distributes nonprescription drugs only through transactions between divisions, subsidiaries, or related companies
when the wholesaler and the retailer are related by common
ownership, and that neither the wholesaler nor the retailer has
a history of suspicious transactions in precursor drugs as
defined in RCW 69.43.035.
(6) The requirements for a license apply to all persons, in
Washington and outside of Washington, who sell both legend
drugs and nonprescription drugs and to those who sell only
nonprescription drugs, at wholesale to pharmacies, practitioners, and shopkeepers in Washington.
(7) No wholesaler may sell any quantity of ephedrine,
pseudoephedrine, phenylpropanolamine, or their salts, isomers, or salts of isomers, to any person in Washington other
than a pharmacy licensed under this chapter, a shopkeeper or
itinerant vendor registered under this chapter, or a practitioner as defined in RCW 18.64.011. A violation of this subsection is punishable as a class C felony according to chapter
9A.20 RCW, and each sale in violation of this subsection
constitutes a separate offense. [2004 c 52 § 3; 2003 c 53 §
133; 1996 c 191 § 45; 1991 c 229 § 5; 1989 1st ex.s. c 9 § 417;
1984 c 153 § 7; 1979 c 90 § 18.]
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64.047
18.64.047 Itinerant vendor's or peddler's registration—Fee—Penalties—Ephedrine/pseudoephedrine/phenylpropanolamine. (1) Any itinerant vendor or any peddler
of any nonprescription drug or preparation for the treatment
of disease or injury, shall pay a registration fee determined by
the secretary on a date to be determined by the secretary as
provided in RCW 43.70.250 and 43.70.280. The department
may issue a registration to such vendor on an approved application made to the department.
(2) Any itinerant vendor or peddler who shall vend or
sell, or offer to sell to the public any such nonprescription
drug or preparation without having registered to do so as provided in this section, is guilty of a misdemeanor and each sale
or offer to sell shall constitute a separate offense.
(3) In event the registration fee remains unpaid on the
date due, no renewal or new registration shall be issued
except upon compliance with administrative procedures,
administrative requirements, and fees determined as provided
in RCW 43.70.250 and 43.70.280. This registration shall not
authorize the sale of legend drugs or controlled substances.
(2004 Ed.)
18.64.050
(4) An itinerant vendor may purchase ephedrine, pseudoephedrine, or phenylpropanolamine, or their salts, isomers,
or salts of isomers only from a wholesaler licensed by the
department under RCW 18.64.046 or from a manufacturer
licensed by the department under RCW 18.64.045. The
board shall issue a warning to an itinerant vendor who violates this subsection, and may suspend or revoke the registration of the vendor for a subsequent violation.
(5) An itinerant vendor who has purchased ephedrine,
pseudoephedrine, or phenylpropanolamine, or their salts, isomers, or salts of isomers, in a suspicious transaction as
defined in RCW 69.43.035, is subject to the following
requirements:
(a) The itinerant vendor may not sell any quantity of
ephedrine, pseudoephedrine, or phenylpropanolamine, or
their salts, isomers, or salts of isomers, if the total monthly
sales of these products exceed ten percent of the vendor's
total prior monthly sales of nonprescription drugs in March
through October. In November through February, the vendor
may not sell any quantity of ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers, if the total monthly sales of these products exceed
twenty percent of the vendor's total prior monthly sales of
nonprescription drugs. For purposes of this section,
"monthly sales" means total dollars paid by buyers. The
board may suspend or revoke the registration of an itinerant
vendor who violates this subsection.
(b) The itinerant vendor shall maintain inventory records
of the receipt and disposition of nonprescription drugs, utilizing existing inventory controls if an auditor or investigator
can determine compliance with (a) of this subsection, and
otherwise in the form and manner required by the board. The
records must be available for inspection by the board or any
law enforcement agency and must be maintained for two
years. The board may suspend or revoke the registration of
an itinerant vendor who violates this subsection. For purposes of this subsection, "disposition" means the return of
product to the wholesaler or distributor. [2004 c 52 § 4; 2003
c 53 § 134; 1996 c 191 § 46; 1991 c 229 § 6; 1989 1st ex.s. c
9 § 418; 1984 c 153 § 8; 1979 c 90 § 10; 1971 ex.s. c 201 § 4;
1963 c 38 § 5; 1949 c 153 § 3; 1935 c 98 § 7; 1899 c 121 §
16; Rem. Supp. 1949 § 10141. Formerly RCW 18.60.010
through 18.60.030.]
Finding—Severability—Effective date—2004 c 52: See notes following RCW 18.64.044.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.050
18.64.050 Duplicate for lost or destroyed license or
certificate—Certified documents—Fees. In the event that
a license or certificate issued by the department is lost or
destroyed, the person to whom it was issued may obtain a
duplicate thereof upon furnishing proof of such fact satisfactory to the department and the payment of a fee determined
by the secretary.
In the event any person desires any certified document to
which he is entitled, he shall receive the same upon payment
of a fee determined by the secretary. [1989 1st ex.s. c 9 §
[Title 18 RCW—page 169]
18.64.080
Title 18 RCW: Businesses and Professions
419; 1984 c 153 § 9; 1963 c 38 § 6; 1935 c 98 § 9; RRS §
10145-1. FORMER PART OF SECTION: 1935 c 98 § 10;
RRS § 10145-2, now codified as RCW 18.64.055.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64.080
18.64.080 Licensing of pharmacists—Registration of
interns—Prerequisites—Examinations—Reciprocity—
Fees—Renewal. (1) The department may license as a pharmacist any person who has filed an application therefor, subscribed by the person under oath or affirmation, containing
such information as the board may by regulation require, and
who—
(a) Is at least eighteen years of age;
(b) Has satisfied the board that he or she is of good moral
and professional character, that he or she will carry out the
duties and responsibilities required of a pharmacist, and that
he or she is not unfit or unable to practice pharmacy by reason
of the extent or manner of his or her proven use of alcoholic
beverages, drugs, or controlled substances, or by reason of a
proven physical or mental disability;
(c) Holds a baccalaureate degree in pharmacy or a doctor
of pharmacy degree granted by a school or college of pharmacy which is accredited by the board of pharmacy;
(d) Has completed or has otherwise met the internship
requirements as set forth in board rules;
(e) Has satisfactorily passed the necessary examinations
approved by the board and administered by the department.
(2) The department shall, at least once in every calendar
year, offer an examination to all applicants for a pharmacist
license who have completed their educational and internship
requirements pursuant to rules promulgated by the board. The
examination shall be determined by the board. In case of failure at a first examination, the applicant shall have within
three years the privilege of a second and third examination. In
case of failure in a third examination, the applicant shall not
be eligible for further examination until he or she has satisfactorily completed additional preparation as directed and
approved by the board. The applicant must pay the examination fee determined by the secretary for each examination
taken. Upon passing the required examinations and complying with all the rules and regulations of the board and the provisions of this chapter, the department shall grant the applicant a license as a pharmacist and issue to him or her a certificate qualifying him or her to enter into the practice of
pharmacy.
(3) Any person enrolled as a student of pharmacy in an
accredited college may file with the department an application for registration as a pharmacy intern in which application
he or she shall be required to furnish such information as the
board may, by regulation, prescribe and, simultaneously with
the filing of said application, shall pay to the department a fee
to be determined by the secretary. All certificates issued to
pharmacy interns shall be valid for a period to be determined
by the board, but in no instance shall the certificate be valid if
the individual is no longer making timely progress toward
graduation, provided however, the board may issue an intern
certificate to a person to complete an internship to be eligible
for initial licensure or for the reinstatement of a previously
licensed pharmacist.
[Title 18 RCW—page 170]
(4) To assure adequate practical instruction, pharmacy
internship experience as required under this chapter shall be
obtained after registration as a pharmacy intern by practice in
any licensed pharmacy or other program meeting the requirements promulgated by regulation of the board, and shall
include such instruction in the practice of pharmacy as the
board by regulation shall prescribe.
(5) The department may, without examination other
than one in the laws relating to the practice of pharmacy,
license as a pharmacist any person who, at the time of filing
application therefor, is currently licensed as a pharmacist in
any other state, territory, or possession of the United States.
The person shall produce evidence satisfactory to the department of having had the required secondary and professional
education and training and who was licensed as a pharmacist
by examination in another state prior to June 13, 1963, shall
be required to satisfy only the requirements which existed in
this state at the time he or she became licensed in such other
state, and that the state in which the person is licensed shall
under similar conditions grant reciprocal licenses as pharmacist without examination to pharmacists duly licensed by
examination in this state. Every application under this subsection shall be accompanied by a fee determined by the
department.
(6) The department shall provide for, regulate, and
require all persons licensed as pharmacists to renew their
license periodically, and shall prescribe the form of such
license and information required to be submitted by all applicants. [1989 1st ex.s. c 9 §§ 403, 420; 1989 c 352 § 3; 1984
c 153 § 10; 1981 c 147 § 1; 1979 c 90 § 11; 1972 ex.s. c 9 §
1. Prior: 1971 ex.s. c 292 § 25; 1971 ex.s. c 201 § 5; 1963 c
38 § 7; 1931 c 56 § 1; 1927 c 253 § 1; 1923 c 180 § 3; RRS §
10126-3. Formerly RCW 18.64.010, part, 18.64.080 and
18.64.090, part.]
Reviser's note: This section was amended by 1989 c 352 § 3 and by
1989 1st ex.s. c 9 §§ 403, 420, all without reference to the other. All amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64.140
18.64.140 License—Fees—Display—Inactive license.
Every licensed pharmacist who desires to practice pharmacy
shall secure from the department a license, the fee for which
shall be determined by the secretary under RCW 43.70.250
and 43.70.280. The administrative procedures, administrative
requirements, renewal fee, and late renewal fee shall also be
determined under RCW 43.70.250 and 43.70.280. Payment
of this fee shall entitle the licensee to a pharmacy law book,
subsequent current mailings of all additions, changes, or
deletions in the pharmacy practice act, chapter 18.64 RCW,
and all additions, changes, or deletions of pharmacy board
and department regulations. The current license shall be conspicuously displayed to the public in the pharmacy to which
it applies. Any licensed pharmacist who desires to leave the
active practice of pharmacy in this state may secure from the
department an inactive license. The initial license and
renewal fees shall be determined by the secretary under RCW
43.70.250 and 43.70.280. The holder of an inactive license
may reactivate his or her license to practice pharmacy in
accordance with rules adopted by the board. [1996 c 191 §
(2004 Ed.)
Pharmacists
47; 1991 c 229 § 7; 1989 1st ex.s. c 9 § 421; 1984 c 153 § 11;
1979 c 90 § 12; 1971 ex.s. c 201 § 6; 1963 c 38 § 9; 1949 c
153 § 2; 1935 c 98 § 5; 1899 c 121 § 11; Rem. Supp. 1949 §
10136. Formerly RCW 18.64.140 and 18.64.150.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.160
18.64.160 Disciplinary action against pharmacist's
and intern's licenses—Grounds. In addition to the grounds
under RCW 18.130.170 and 18.130.180, the board of pharmacy may take disciplinary action against the license of any
pharmacist or intern upon proof that:
(1) His or her license was procured through fraud, misrepresentation, or deceit;
(2) In the event that a pharmacist is determined by a
court of competent jurisdiction to be mentally incompetent,
the pharmacist shall automatically have his or her license suspended by the board upon the entry of the judgment, regardless of the pendency of an appeal;
(3) He or she has knowingly violated or permitted the
violation of any provision of any state or federal law, rule, or
regulation governing the possession, use, distribution, or dispensing of drugs, including, but not limited to, the violation
of any provision of this chapter, Title 69 RCW, or rule or regulation of the board;
(4) He or she has knowingly allowed any unlicensed person to take charge of a pharmacy or engage in the practice of
pharmacy, except a pharmacy intern or pharmacy assistant
acting as authorized in this chapter or chapter 18.64A RCW
in the presence of and under the immediate supervision of a
licensed pharmacist;
(5) He or she has compounded, dispensed, or caused the
compounding or dispensing of any drug or device which contains more or less than the equivalent quantity of ingredient
or ingredients specified by the person who prescribed such
drug or device: PROVIDED, HOWEVER, That nothing
herein shall be construed to prevent the pharmacist from
exercising professional judgment in the preparation or providing of such drugs or devices. [1993 c 367 § 13; 1985 c 7
§ 60; 1984 c 153 § 12; 1979 c 90 § 13; 1963 c 38 § 10; 1909
c 213 § 10; RRS § 10143. Formerly RCW 18.64.160 through
18.64.190.]
18.64.163
18.64.163 Uniform Disciplinary Act. The Uniform
Disciplinary Act, chapter 18.130 RCW, governs unlicensed
practice, the issuance and denial of licenses of pharmacists
and pharmacy interns, and the discipline of licensed pharmacists and pharmacy interns under this chapter. [1993 c 367 §
14.]
18.64.165
18.64.165 Refusal, suspension, and revocation of
other licenses. The board shall have the power to refuse,
suspend, or revoke the license of any manufacturer, wholesaler, pharmacy, shopkeeper, itinerant vendor, peddler, poison distributor, health care entity, or precursor chemical distributor upon proof that:
(1) The license was procured through fraud, misrepresentation, or deceit;
(2004 Ed.)
18.64.245
(2) The licensee has violated or has permitted any
employee to violate any of the laws of this state or the United
States relating to drugs, controlled substances, cosmetics, or
nonprescription drugs, or has violated any of the rules and
regulations of the board of pharmacy or has been convicted of
a felony. [1995 c 319 § 5. Prior: 1989 1st ex.s. c 9 § 404;
1989 c 352 § 4; 1979 c 90 § 14; 1963 c 38 § 15.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.64.200
18.64.200 Refusal, suspension, and revocation of
other licenses—Appeal procedure. In any case of the
refusal, suspension or revocation of a license by said board
under the provisions of this chapter, appeal may be taken in
accordance with the Administrative Procedure Act. [1963 c
38 § 11; 1909 c 213 § 11; RRS § 10144. Formerly RCW
18.64.200 through 18.64.240.]
Administrative Procedure Act: Title 34 RCW.
18.64.205
18.64.205 Retired active license status. The board
may adopt rules pursuant to this section authorizing a retired
active license status. An individual licensed pursuant to this
chapter, who is practicing only in emergent or intermittent
circumstances as defined by rule established by the board,
may hold a retired active license at a reduced renewal fee
established by the secretary under RCW 43.70.250 and
43.70.280. Such a license shall meet the continuing education
requirements, if any, established by the board for renewals,
and is subject to the provisions of the uniform disciplinary
act, chapter 18.130 RCW. Individuals who have entered into
retired status agreements with the disciplinary authority in
any jurisdiction shall not qualify for a retired active license
under this section. [1996 c 191 § 48; 1991 c 229 § 2.]
18.64.245
18.64.245 Prescription records—Penalty. (1) Every
proprietor or manager of a pharmacy shall keep readily available a suitable record of prescriptions which shall preserve
for a period of not less than two years the record of every prescription dispensed at such pharmacy which shall be numbered, dated, and filed, and shall produce the same in court or
before any grand jury whenever lawfully required to do so.
The record shall be maintained either separately from all
other records of the pharmacy or in such form that the information required is readily retrievable from ordinary business
records of the pharmacy. All record-keeping requirements
for controlled substances must be complied with. Such
record of prescriptions shall be for confidential use in the
pharmacy, only. The record of prescriptions shall be open for
inspection by the board of pharmacy or any officer of the law,
who is authorized to enforce chapter 18.64, 69.41, or 69.50
RCW.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 135. Prior: 1989 1st ex.s. c 9 § 402;
1989 c 352 § 2; 1979 c 90 § 15; 1939 c 28 § 1; RRS § 61541. Formerly RCW 18.67.090.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
[Title 18 RCW—page 171]
18.64.246
Title 18 RCW: Businesses and Professions
18.64.246
18.64.246 Prescriptions—Labels—Cover or cap to
meet safety standards—Penalty. (1) To every box, bottle,
jar, tube or other container of a prescription which is dispensed there shall be fixed a label bearing the name and
address of the dispensing pharmacy, the prescription number,
the name of the prescriber, the prescriber's directions, the
name and strength of the medication, the name of the patient,
the date, and the expiration date. The security of the cover or
cap on every bottle or jar shall meet safety standards adopted
by the state board of pharmacy. At the prescriber's request,
the name and strength of the medication need not be shown.
If the prescription is for a combination medication product,
the generic names of the medications combined or the trade
name used by the manufacturer or distributor for the product
shall be noted on the label. The identification of the licensed
pharmacist responsible for each dispensing of medication
must either be recorded in the pharmacy's record system or on
the prescription label. This section shall not apply to the dispensing of medications to in-patients in hospitals.
(2) A person violating this section is guilty of a misdemeanor. [2003 c 53 § 136; 2002 c 96 § 1; 1984 c 153 § 13;
1971 ex.s. c 99 § 1; 1939 c 28 § 2; RRS § 6154-2. Formerly
RCW 18.67.080.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.64.250
18.64.250 Unlawful practices—Penalty for violations—Exceptions. (1) Any person not a licensed pharmacist and not having continuously and regularly in his employ
a duly licensed pharmacist within the full meaning of this
chapter, who shall practice pharmacy; or
(2) Any person who shall permit the compounding and
dispensing of prescriptions, or vending of drugs, medicines,
or poisons in his or her store or place of business, except
under the supervision of a licensed pharmacist; or
(3) Any licensed pharmacist or shopkeeper licensed
under this chapter, who while continuing in business, shall
fail or neglect to procure his or her renewal of license; or
(4) Any person who shall wilfully make any false representations to procure a license for himself or herself or for
any other person; or
(5) Any person who shall violate any of the provisions of
this chapter wilfully and knowingly; or
(6) Any person who shall take or use or exhibit in or
upon any place of business, or advertise in a newspaper, telephone directory, or other directory, or by electronic media, or
in any other manner, the title of pharmacist, pharmacy intern,
pharmacy assistant, druggist, pharmacy, drug store, medicine
store, drug department, drugs, drug sundries, or any title or
name of like description or import, or display or permit to be
displayed upon said place of business the characteristic pharmacy symbols, bottles or globes, either colored or filled with
colored liquids, without having continuously and regularly
employed in his or her shop, store, or place of business, during business hours of the pharmacy, a pharmacist duly
licensed under this chapter;
shall be guilty of a misdemeanor, and each and every day that
such prohibited practice continues shall be deemed a separate
offense. [1979 c 90 § 16; 1963 c 38 § 12; 1935 c 98 § 6; 1909
c 213 § 7; 1899 c 121 § 13; RRS § 10138. Formerly RCW
18.64.250, 18.64.010, 18.64.030, 18.67.030, 18.67.040 and
[Title 18 RCW—page 172]
18.67.130. FORMER PART OF SECTION: 1909 c 213 §
13; RRS § 10146, now codified as RCW 18.64.280.]
18.64.255
18.64.255 Authorized practices. Nothing in this chapter shall operate in any manner:
(1) To restrict the scope of authorized practice of any
practitioner other than a pharmacist, duly licensed as such
under the laws of this state. However, a health care entity
shall comply with all state and federal laws and rules relating
to the dispensing of drugs and the practice of pharmacy; or
(2) In the absence of the pharmacist from the hospital
pharmacy, to prohibit a registered nurse designated by the
hospital and the responsible pharmacist from obtaining from
the hospital pharmacy such drugs as are needed in an emergency: PROVIDED, That proper record is kept of such
emergency, including the date, time, name of prescriber, the
name of the nurse obtaining the drugs, and a list of what
drugs and quantities of same were obtained; or
(3) To prevent shopkeepers, itinerant vendors, peddlers,
or salesmen from dealing in and selling nonprescription
drugs, if such drugs are sold in the original packages of the
manufacturer, or in packages put up by a licensed pharmacist
in the manner provided by the state board of pharmacy, if
such shopkeeper, itinerant vendor, salesman, or peddler shall
have obtained a registration. [1995 c 319 § 7; 1984 c 153 §
14; 1981 c 147 § 3; 1979 c 90 § 19.]
18.64.257
18.64.257 Prescription of legend drugs by dialysis
programs. This chapter shall not prevent a medicareapproved dialysis center or facility operating a medicareapproved home dialysis program from selling, delivering,
possessing, or dispensing directly to its dialysis patients, in
case or full shelf lots, if prescribed by a physician licensed
under chapter 18.57 or 18.71 RCW, those legend drugs determined by the board pursuant to rule. [1987 c 41 § 1.]
Application of legend drug statutes to dialysis programs: RCW 69.41.032.
18.64.270
18.64.270 Responsibility for drug purity—Adulteration—Penalty. (1) Every proprietor of a wholesale or retail
drug store shall be held responsible for the quality of all
drugs, chemicals or medicines sold or dispensed by him or
her except those sold in original packages of the manufacturer and except those articles or preparations known as
patent or proprietary medicines.
(2) Any person who shall knowingly, willfully or fraudulently falsify or adulterate any drug or medicinal substance
or preparation authorized or recognized by an official compendium or used or intended to be used in medical practice,
or shall willfully, knowingly or fraudulently offer for sale,
sell or cause the same to be sold for medicinal purposes, is
guilty of a misdemeanor, and upon conviction thereof shall
be punished by a fine in any sum not less than seventy-five
nor more than one hundred and fifty dollars or by imprisonment in the county jail for a period of not less than one month
nor more than three months, and any person convicted a third
time for violation of this section may suffer both fine and
imprisonment. In any case he or she shall forfeit to the state
of Washington all drugs or preparations so falsified or adulterated. [2003 c 53 § 137; 1963 c 38 § 13; 1899 c 121 § 14;
(2004 Ed.)
Pharmacists
RRS § 10139. Prior: 1891 c 153 § 15. Formerly RCW
18.67.100 and 18.67.120.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
18.64.275
18.64.275 Limitations on liability for dispensing of
prescription. (1) A pharmacist who dispenses a prescription
product in the form manufactured by a commercial manufacturer pursuant to a prescription issued by a licensed practitioner is not liable to a person who was injured through the use
of the product, based on a claim of the following:
(a) Strict liability in tort; or
(b) Implied warranty provisions under the uniform commercial code Title 62A RCW.
(2) The limitation on pharmacist's liability as provided in
subsection (1) of this section shall only apply if the pharmacist complies with recordkeeping requirements pursuant to
chapters 18.64, 69.41, and 69.50 RCW, and related administrative rules.
(3) A pharmacist who dispenses a prescription product in
the form manufactured by a commercial manufacturer issued
by a licensed practitioner is liable to the claimant only if the
claimant's harm was proximately caused by (a) the negligence of the pharmacist; (b) breach of an express warranty
made by the pharmacist; or (c) the intentional misrepresentation of facts about the product by the pharmacist or the intentional concealment of information about the product by the
pharmacist. A pharmacist shall not be liable for the product
manufacturer's liability except as provided in RCW 7.72.040.
[1991 c 189 § 1.]
18.64.280
18.64.280 General penalty. Any person who shall violate any of the provisions of chapter 18.64 RCW and for
which a penalty is not provided shall be deemed guilty of a
gross misdemeanor. [1963 c 38 § 14; 1909 c 213 § 13; RRS
§ 10146. Formerly RCW 18.64.250, part.]
18.64.300
18.64.300 Pharmacist members of committees to
evaluate credentials and qualifications of pharmacists—
Immunity from civil suit. See RCW 4.24.240.
18.64.301
18.64.301 Pharmacists filing charges or presenting
evidence before pharmaceutical society—Immunity from
civil suit. See RCW 4.24.250, 4.24.260.
18.64.302
18.64.302 Records of pharmaceutical society not subject to civil process. See RCW 4.24.250.
18.64.360
advance or a reimbursable basis as approved by the director
of financial management;
(2) Employ, with confirmation by the board, an executive officer, who shall be exempt from the provisions of chapter 41.06 RCW and who shall be a pharmacist licensed in
Washington, and employ inspectors, investigators, chemists,
and other persons as necessary to assist it for any purpose
which it may deem necessary;
(3) Investigate and prosecute, at the direction of the
board, including use of subpoena powers, violations of law or
regulations under its jurisdiction or the jurisdiction of the
board of pharmacy;
(4) Make, at the direction of the board, inspections and
investigations of pharmacies and other places, including dispensing machines, in which drugs or devices are stored, held,
compounded, dispensed, sold, or administered to the ultimate
consumer, to take and analyze any drugs or devices and to
seize and condemn any drugs or devices which are adulterated, misbranded, stored, held, dispensed, distributed, administered, or compounded in violation of or contrary to law. The
written operating agreement between the department and the
board, as required by RCW 43.70.240 shall include provisions for the department to involve the board in carrying out
its duties required by this section. [1996 c 191 § 49; 1989 1st
ex.s. c 9 § 410.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64.350
18.64.350 Nonresident pharmacies—Findings. (1)
The legislature finds and declares that the practice of pharmacy is a dynamic, patient-oriented health service that
applies a scientific body of knowledge to improve and promote patient health by means of appropriate drug use and
drug-related therapy.
(2) The legislature recognizes that with the proliferation
of alternate methods of health delivery, there has arisen
among third-party payors and insurance companies the desire
to control the cost and utilization of pharmacy services
through a variety of mechanisms, including the use of mailorder pharmacies located outside the state of Washington.
(3) As a result, the legislature finds and declares that to
continue to protect the Washington consumer-patient, all outof-state pharmacies that provide services to Washington residents shall be licensed by the department of health, disclose
specific information about their services, and provide pharmacy services at a high level of protection and competence.
[1991 c 87 § 1.]
Effective date—1991 c 87: "This act shall take effect October 1, 1991."
[1991 c 87 § 15.]
18.64.310
18.64.310 Department of health—Powers and duties.
The department shall:
(1) Establish reasonable license and examination fees
and fees for services to other agencies in accordance with
RCW 43.70.250 and 43.70.280. In cases where there are
unanticipated demands for services, the department may
request payment for services directly from the agencies for
whom the services are performed, to the extent that revenues
or other funds are available. Drug-related investigations
regarding licensed health care practitioners shall be funded
by an appropriation to the department from the health professions account. The payment may be made on either an
(2004 Ed.)
18.64.360
18.64.360 Nonresident pharmacies—Definition—
Requirements—Exemption. (1) For the purposes of this
chapter any pharmacy located outside this state that ships,
mails, or delivers, in any manner, except when delivered in
person to an individual, controlled substances, legend drugs,
or devices into this state is a nonresident pharmacy, and shall
be licensed by the department of health, and shall disclose to
the department the following:
(a) The location, names, and titles of all owners including corporate officers and all pharmacists employed by the
pharmacy who are dispensing controlled substances, legend
[Title 18 RCW—page 173]
18.64.370
Title 18 RCW: Businesses and Professions
drugs, or devices to residents of this state. A report containing
this information shall be made on an annual basis and within
ninety days after a change of location, corporate officer, or
pharmacist;
(b) Proof of compliance with all lawful directions and
requests for information from the regulatory or licensing
agency of the state in which it is licensed as well as with all
requests for information made by the department of health
under this section. The nonresident pharmacy shall maintain,
at all times, a valid unexpired license, permit, or registration
to operate the pharmacy in compliance with the laws of the
state in which it is located. As a prerequisite to be licensed by
the department of health, the nonresident pharmacy shall submit a copy of the most recent inspection report issued by the
regulatory licensing agency of the state in which it is located;
(c) Proof that it maintains its records of controlled substances, legend drugs, or devices dispensed to patients in this
state so that the records are readily retrievable from the
records of other drugs dispensed.
(2) Any pharmacy subject to this section shall, during its
regular hours of operation, provide a toll-free telephone service to facilitate communication between patients in this state
and a pharmacist at the pharmacy who has access to the
patient's records. This toll-free number shall be disclosed on
the label affixed to each container of drugs dispensed to
patients in this state.
(3) A pharmacy subject to this section shall comply with
board rules regarding the maintenance and use of patient
medication record systems.
(4) A pharmacy subject to this section shall comply with
board of pharmacy rules regarding the provision of drug
information to the patient. Drug information may be contained in written form setting forth directions for use and any
additional information necessary to assure the proper utilization of the medication prescribed. A label bearing the expiration date of the prescription must be affixed to each box, bottle, jar, tube, or other container of a prescription that is dispensed in this state by a pharmacy subject to this section.
(5) A pharmacy subject to this section shall not dispense
medication in a quantity greater than authorized by the prescriber.
(6) The license fee specified by the secretary, in accordance with the provisions of RCW 43.70.250, shall not
exceed the fee charged to a pharmacy located in this state.
(7) The license requirements of this section apply to nonresident pharmacies that ship, mail, or deliver controlled substances, legend drugs, and devices into this state only under a
prescription. The board of pharmacy may grant an exemption
from licensing under this section upon application by an outof-state pharmacy that restricts its dispensing activity in
Washington to isolated transactions.
(8) Each nonresident pharmacy that ships, mails, or
delivers legend drugs or devices into this state shall designate
a resident agent in Washington for service of process. The
designation of such an agent does not indicate that the nonresident pharmacy is a resident of Washington for tax purposes. [1996 c 109 § 1; 1991 c 87 § 2.]
Effective date—1991 c 87: See note following RCW 18.64.350.
[Title 18 RCW—page 174]
18.64.370
18.64.370 Nonresident pharmacies—License
required—Application—Renewal. (1) A nonresident pharmacy that has not obtained a license from the department of
health shall not conduct the business of selling or distributing
drugs in this state.
(2) Applications for a nonresident pharmacy license
under RCW 18.64.350 through 18.64.400 shall be made on a
form furnished by the department. The department may
require such information as it deems is reasonably necessary
to carry out the purpose of RCW 18.64.350 through
18.64.400.
(3) The nonresident pharmacy license shall be renewed
annually on a date to be established by the department by
rule. In the event the license fee remains unpaid, no renewal
or new license shall be issued except upon payment of the
license renewal fee and a penalty fee equal to the original
license fee. [1991 c 87 § 3.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.380
18.64.380 Nonresident pharmacies—Information
required—Inspection. A nonresident pharmacy shall:
(1) Submit to the department, upon request, information
acceptable to the secretary concerning controlled substances
shipped, mailed, or delivered to a Washington resident.
(2) Submit to on-site inspection by the department of the
nonresident pharmacy's prescription records if the information in subsection (1) of this section is not provided to the
department upon request. [1991 c 87 § 4.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.390
18.64.390 Nonresident pharmacies—Violations—
Penalties. (1) The board may deny, revoke, or suspend a
nonresident pharmacy license or impose a fine not to exceed
one thousand dollars per violation for failure to comply with
any requirement of RCW 18.64.350 through 18.64.400.
(2) The board may deny, revoke, or suspend a nonresident pharmacy license or impose a fine not to exceed one
thousand dollars per violation for conduct that causes serious
bodily or psychological injury to a resident of this state if the
secretary has referred the matter to the regulatory or licensing
agency in the state in which the pharmacy is located and that
regulatory or licensing agency fails to initiate an investigation within forty-five days of the referral under this subsection or fails to make a determination on the referral. [1991 c
87 § 5.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.400
18.64.400 Nonresident pharmacies—Definition—
Advertising. For the purposes of this chapter, a nonresident
pharmacy is defined as any pharmacy located outside this
state that ships, mails, or delivers, in any manner, except
when delivered in person to an individual, controlled substances, legend drugs, or devices into this state. It is unlawful
for:
(1) Any nonresident pharmacy that is not licensed under
RCW 18.64.350 through 18.64.400 to advertise its service in
this state; or
(2) Any resident of this state to advertise the pharmaceutical services of a nonresident pharmacy with the knowledge
that the nonresident pharmacy is not licensed by the depart(2004 Ed.)
Pharmacists
ment and that the advertisement will or is likely to induce
persons within this state to use the nonresident pharmacy to
fill prescriptions. [1991 c 87 § 6.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.410
18.64.410 Nonresident pharmacies—Rules. The
board may adopt rules to implement the provisions of RCW
18.64.350 through 18.64.400 and 18.64.420. [1991 c 87 §
11.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.420
18.64.420 Nonresident pharmacies—Information
confidential—Exceptions. All records, reports, and information obtained by the department from or on behalf of an
entity licensed under chapter 48.20, 48.21, 48.44, or 48.46
RCW shall be confidential and exempt from inspection and
copying under chapter 42.17 RCW. Nothing in this section
restricts the investigation or the proceedings of the board or
the department so long as the board and the department comply with the provisions of chapter 42.17 RCW. Nothing in
this section or in chapter 42.17 RCW shall restrict the board
or the department from complying with any mandatory
reporting requirements that exist or may exist under federal
law, nor shall the board or the department be restricted from
providing to any person the name of any nonresident pharmacy that is or has been licensed or disciplined under RCW
18.64.350 through 18.64.400. [1991 c 87 § 12.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.430
18.64.430 Cost disclosure to health care providers.
The registered or licensed pharmacist under this chapter shall
establish and maintain a procedure for disclosing to physicians and other health care providers with prescriptive
authority information detailed by prescriber, of the cost and
dispensation of all prescriptive medications prescribed by
him or her for his or her patients on request. These charges
should be made available on at least a quarterly basis for all
requested patients and should include medication, dosage,
number dispensed, and the cost of the prescription. Pharmacies may provide this information in a summary form for
each prescribing physician for all patients rather than as individually itemized reports. All efforts should be made to utilize the existing computerized records and software to provide this information in the least costly format. [2000 c 171
§ 22; 1993 c 492 § 267.]
Cost containment—1993 c 492: "The legislature finds that the spiraling costs of health care continue to surmount efforts to contain them, increasing at approximately twice the inflationary rate. One of the fastest growing
segments of the health care expenditure involves prescription medications.
By making physicians and other health care providers with prescriptive
authority more aware of the cost consequences of health care treatments for
consumers, these providers may be inclined to exercise more restraint in providing only the most relevant and cost-beneficial drug and medication treatments. The requirement of the pharmacy to inform physicians and other
health care providers of the charges of prescription drugs and medications
that they order may have a positive effect on containing health costs. Further,
the option of the physician or other health care provider to inform the patient
of these charges may strengthen the necessary dialogue in the providerpatient relationship that tends to be diminished by intervening third-party
payers." [1993 c 492 § 266.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
(2004 Ed.)
18.64.470
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
18.64.450
18.64.450 Health care entity—License requirements
for legend drugs and controlled substances—Exception.
(1) In order for a health care entity to purchase, administer,
dispense, and deliver legend drugs, the health care entity
must be licensed by the department.
(2) In order for a health care entity to purchase, administer, dispense, and deliver controlled substances, the health
care entity must annually obtain a license from the department in accordance with the board's rules.
(3) The receipt, administration, dispensing, and delivery
of legend drugs or controlled substances by a health care
entity must be performed under the supervision or at the
direction of a pharmacist.
(4) A health care entity may only administer, dispense,
or deliver legend drugs and controlled substances to patients
who receive care within the health care entity and in compliance with rules of the board. Nothing in this subsection shall
prohibit a practitioner, in carrying out his or her licensed
responsibilities within a health care entity, from dispensing or
delivering to a patient of the health care entity drugs for that
patient's personal use in an amount not to exceed seventy-two
hours of usage. [1995 c 319 § 3.]
18.64.460
18.64.460 Health care entity—License fee—Requirements—Penalty. (1) The owner of a health care entity shall
pay an original license fee to be determined by the secretary,
and annually thereafter, on or before a date to be determined
by the secretary, a fee to be determined by the secretary, for
which he or she shall receive a license of location, which
shall entitle the owner to purchase legend drugs or controlled
substances at the location specified for the period ending on a
date to be determined by the secretary. A declaration of ownership and location filed with the department under this section shall be deemed presumptive evidence of ownership of
the health care entity.
(2) The owner shall immediately notify the department
of any change of location or ownership in which case a new
application and fee shall be submitted.
(3) It shall be the duty of the owner to keep the license of
location or the renewal license properly exhibited in the
health care entity.
(4) Failure to comply with this section is a misdemeanor
and each day that the failure continues is a separate offense.
(5) In the event that a license fee remains unpaid after the
date due, no renewal or new license may be issued except
upon payment of the license renewal fee and a penalty fee
equal to the original license fee. [1995 c 319 § 4.]
18.64.470
18.64.470 Health care entity—Records. Every proprietor or manager of a health care entity shall keep readily
available a suitable record of drugs, which shall preserve for
a period of not less than two years the record of every drug
used at such health care entity. The record shall be maintained either separately from all other records of the health
care entity or in such form that the information required is
readily retrievable from ordinary business records of the
health care entity. All recordkeeping requirements for con[Title 18 RCW—page 175]
18.64.900
Title 18 RCW: Businesses and Professions
trolled substances must be complied with. Such record of
drugs shall be for confidential use in the health care entity,
only. The record of drugs shall be open for inspection by the
board of pharmacy, who is authorized to enforce chapter
18.64, 69.41, or 69.50 RCW. [1995 c 319 § 6.]
18.64.900
18.64.900 Severability—1923 c 180. Should any section or parts of sections of this act be declared unconstitutional it shall in no case affect the validity of other provisions
of this act. [1923 c 180 § 12.]
18.64.910
18.64.910 Severability—1935 c 98. If any section, sentence, clause or part of this act shall be adjudged to be invalid,
such adjudication shall not affect the remaining portions of
the act. [1935 c 98 § 12.]
(a) A person who is enrolled in, or who has satisfactorily
completed, a board approved training program designed to
prepare persons to perform nondiscretionary functions associated with the practice of pharmacy; or
(b) A person who is a graduate with a degree in pharmacy or medicine of a foreign school, university, or college
recognized by the board;
(7) "Pharmacy assistant" means a person registered by
the board to perform limited functions in the pharmacy;
(8) "Practice of pharmacy" means the definition given in
RCW 18.64.011;
(9) "Secretary" means the secretary of health or the secretary's designee. [1997 c 417 § 1; 1989 1st ex.s. c 9 § 422;
1977 ex.s. c 101 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64.911
18.64.911 Severability—1963 c 38. If any provision of
this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the
provision to other persons or circumstances is not affected.
[1963 c 38 § 24.]
18.64.920
18.64.920 Repealer—1935 c 98. All acts and parts of
acts in conflict herewith are hereby repealed. [1935 c 98 §
11.]
Chapter 18.64A
Chapter 18.64A RCW
PHARMACY ASSISTANTS
Sections
18.64A.005
18.64A.010
18.64A.020
18.64A.030
18.64A.040
18.64A.050
18.64A.055
18.64A.060
Regulation of health care professions—Criteria.
Definitions.
Rules—Qualifications and training programs.
Rules—Duties of technicians, assistants.
Limitations on practice.
Disciplinary action against certificate—Grounds.
Uniform Disciplinary Act.
Pharmacy's application for ancillary personnel—Fee—
Approval or rejection by board—Hearing—Appeal.
18.64A.070 Persons presently acting as technicians—Pharmacies presently
employing those persons.
18.64A.080 Pharmacy's or pharmacist's liability, responsibility.
18.64A.900 Severability—1977 ex.s. c 101.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
18.64A.005
18.64A.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.64A.020 Rules—Qualifications and training programs. (1) The board shall adopt, in accordance with chapter
34.05 RCW, rules fixing the classification and qualifications
and the educational and training requirements for persons
who may be employed as pharmacy technicians or who may
be enrolled in any pharmacy technician training program.
Such rules shall provide that:
(a) Licensed pharmacists shall supervise the training of
pharmacy technicians; and
(b) Training programs shall assure the competence of
pharmacy technicians to aid and assist pharmacy operations.
Training programs shall consist of instruction and/or practical training.
Such rules may include successful completion of examinations for applicants for pharmacy technician certificates. If
such examination rules are adopted, the board shall prepare
or determine the nature of, and supervise the grading of the
examinations. The board may approve an examination prepared or administered by a private testing agency or association of licensing authorities.
(2) The board may disapprove or revoke approval of any
training program for failure to conform to board rules. In the
case of the disapproval or revocation of approval of a training
program by the board, a hearing shall be conducted in accordance with RCW 18.64.160, and appeal may be taken in
accordance with the Administrative Procedure Act, chapter
34.05 RCW. [1997 c 417 § 2; 1995 c 198 § 8; 1977 ex.s. c
101 § 2.]
18.64A.020
18.64A.030 Rules—Duties of technicians, assistants.
The board shall adopt, in accordance with chapter 34.05
RCW, rules governing the extent to which pharmacy ancillary personnel may perform services associated with the
practice of pharmacy. These rules shall provide for the certification of pharmacy technicians by the department at a fee
determined by the secretary under RCW 43.70.250:
(1) "Pharmacy technicians" may assist in performing,
under the supervision and control of a licensed pharmacist,
manipulative, nondiscretionary functions associated with the
practice of pharmacy and other such duties and subject to
such restrictions as the board may by rule adopt.
(2) "Pharmacy assistants" may perform, under the supervision of a licensed pharmacist, duties including but not limited to, typing of prescription labels, filing, refiling, book18.64A.030
18.64A.010
18.64A.010 Definitions. Terms used in this chapter
shall have the meaning set forth in this section unless the context clearly indicates otherwise:
(1) "Board" means the state board of pharmacy;
(2) "Department" means the department of health;
(3) "Pharmacist" means a person duly licensed by the
state board of pharmacy to engage in the practice of pharmacy;
(4) "Pharmacy" means every place properly licensed by
the board of pharmacy where the practice of pharmacy is conducted;
(5) "Pharmacy ancillary personnel" means pharmacy
technicians and pharmacy assistants;
(6) "Pharmacy technician" means:
[Title 18 RCW—page 176]
(2004 Ed.)
Pharmacy Assistants
keeping, pricing, stocking, delivery, nonprofessional phone
inquiries, and documentation of third party reimbursements
and other such duties and subject to such restrictions as the
board may by rule adopt. [1997 c 417 § 3; 1996 c 191 § 50;
1989 1st ex.s. c 9 § 423; 1977 ex.s. c 101 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64A.040 Limitations on practice. (1) Pharmacy
ancillary personnel shall practice pharmacy in this state only
after authorization by the board and only to the extent permitted by the board in accordance with this chapter.
(2) A pharmacist shall be assisted by pharmacy ancillary
personnel in the practice of pharmacy in this state only after
authorization by the board and only to the extent permitted by
the board in accordance with this chapter: PROVIDED, That
no pharmacist may supervise more than one pharmacy technician: PROVIDED FURTHER, That in pharmacies operating in connection with facilities licensed pursuant to chapter
70.41, 71.12, 71A.20, or 74.42 RCW, whether or not situated
within the said facility which shall be physically separated
from any area of a pharmacy where dispensing of prescriptions to the general public occurs, the ratio of pharmacists to
pharmacy technicians shall be as follows: In the preparation
of medicine or other materials used by patients within the
facility, one pharmacist supervising no more than three pharmacy technicians; in the preparation of medicine or other
materials dispensed to persons not patients within the facility,
one pharmacist supervising not more than one pharmacy
technician.
(3) The board may by rule modify the standard ratios set
out in subsection (2) of this section governing the utilization
of pharmacy technicians by pharmacies and pharmacists.
Should a pharmacy desire to use more pharmacy technicians
than the standard ratios, the pharmacy must submit to the
board a pharmacy services plan for approval.
(a) The pharmacy services plan shall include, at a minimum, the following information: Pharmacy design and
equipment, information systems, workflow, and quality
assurance procedures. In addition, the pharmacy services
plan shall demonstrate how it facilitates the provision of
pharmaceutical care by the pharmacy.
(b) Prior to approval of a pharmacy services plan, the
board may require additional information to ensure appropriate oversight of pharmacy ancillary personnel.
(c) The board may give conditional approval for pilot or
demonstration projects.
(d) Variance from the approved pharmacy services plan
is grounds for disciplinary action under RCW 18.64A.050.
[1997 c 417 § 4; 1992 c 40 § 1; 1977 ex.s. c 101 § 4.]
18.64A.040
18.64A.050 Disciplinary action against certificate—
Grounds. In addition to the grounds under RCW 18.130.170
and 18.130.180, the board of pharmacy may take disciplinary
action against the certificate of any pharmacy technician
upon proof that:
(1) His or her certificate was procured through fraud,
misrepresentation or deceit;
(2) He or she has been found guilty of any offense in violation of the laws of this state relating to drugs, poisons, cosmetics or drug sundries by any court of competent jurisdic18.64A.050
(2004 Ed.)
18.64A.070
tion. Nothing herein shall be construed to affect or alter the
provisions of RCW 9.96A.020;
(3) He or she has exhibited gross incompetency in the
performance of his or her duties;
(4) He or she has willfully or repeatedly violated any of
the rules and regulations of the board of pharmacy or of the
department;
(5) He or she has willfully or repeatedly performed
duties beyond the scope of his or her certificate in violation of
the provisions of this chapter; or
(6) He or she has impersonated a licensed pharmacist.
[1997 c 417 § 5; 1993 c 367 § 15; 1989 1st ex.s. c 9 § 424;
1977 ex.s. c 101 § 5.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.64A.055
18.64A.055 Uniform Disciplinary Act. The Uniform
Disciplinary Act, chapter 18.130 RCW, governs the issuance
and denial of certificates and the discipline of certificants
under this chapter. [1993 c 367 § 16.]
18.64A.060
18.64A.060 Pharmacy's application for ancillary
personnel—Fee—Approval or rejection by board—
Hearing—Appeal. No pharmacy licensed in this state shall
utilize the services of pharmacy ancillary personnel without
approval of the board.
Any pharmacy licensed in this state may apply to the
board for permission to use the services of pharmacy ancillary personnel. The application shall be accompanied by a fee
and shall comply with administrative procedures and administrative requirements set pursuant to RCW 43.70.250 and
43.70.280, shall detail the manner and extent to which the
pharmacy ancillary personnel would be used and supervised,
and shall provide other information in such form as the secretary may require.
The board may approve or reject such applications. In
addition, the board may modify the proposed utilization of
pharmacy ancillary personnel and approve the application as
modified. Whenever it appears to the board that pharmacy
ancillary personnel are being utilized in a manner inconsistent with the approval granted, the board may withdraw such
approval. In the event a hearing is requested upon the rejection of an application, or upon the withdrawal of approval, a
hearing shall be conducted in accordance with chapter 18.64
RCW, as now or hereafter amended, and appeal may be taken
in accordance with the Administrative Procedure Act, chapter 34.05 RCW. [1997 c 417 § 6; 1996 c 191 § 51; 1989 1st
ex.s. c 9 § 425; 1977 ex.s. c 101 § 6.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.64A.070
18.64A.070 Persons presently acting as technicians—
Pharmacies presently employing those persons. (1) Persons presently assisting a pharmacist by performing the functions of a pharmacy technician may continue to do so under
the supervision of a licensed pharmacist: PROVIDED, That
within eighteen months after May 28, 1977, such persons
shall be in compliance with the provisions of this chapter.
[Title 18 RCW—page 177]
18.64A.080
Title 18 RCW: Businesses and Professions
(2) Pharmacies presently employing persons to perform
the functions of a pharmacy technician may continue to do so
while obtaining board approval for the use of certified pharmacy technicians: PROVIDED, That within eighteen
months after May 28, 1977, such pharmacies shall be in compliance with the provisions of this chapter. [1997 c 417 § 7;
1977 ex.s. c 101 § 7.]
18.64A.080
18.64A.080 Pharmacy's or pharmacist's liability,
responsibility. A pharmacy or pharmacist which utilizes the
services of pharmacy ancillary personnel with approval by
the board, is not aiding and abetting an unlicensed person to
practice pharmacy within the meaning of chapter 18.64
RCW: PROVIDED, HOWEVER, That the pharmacy or
pharmacist shall retain responsibility for any act performed
by pharmacy ancillary personnel in the course of employment. [1997 c 417 § 8; 1977 ex.s. c 101 § 8.]
18.64A.900
18.64A.900 Severability—1977 ex.s. c 101. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1977 ex.s. c 101 § 10.]
Chapter 18.71
Chapter 18.71 RCW
PHYSICIANS
Sections
18.71.002
18.71.003
18.71.005
18.71.010
18.71.011
18.71.015
18.71.017
18.71.019
18.71.0191
18.71.0193
18.71.0195
18.71.021
18.71.030
18.71.040
18.71.050
18.71.051
18.71.055
18.71.060
18.71.070
18.71.080
18.71.085
18.71.090
18.71.095
18.71.100
18.71.151
18.71.161
18.71.171
18.71.190
18.71.200
18.71.205
18.71.210
18.71.212
Purpose.
Declaration of purpose.
Regulation of health care professions—Criteria.
Definitions.
Definition of practice of medicine—Engaging in practice of
chiropractic prohibited, when.
Commission established—Membership—Qualifications—
Duties and powers—Compensation—Order of removal—
Vacancies.
Rules by commission—Successor to other boards.
Application of Uniform Disciplinary Act—Request for review
of revocation order.
Executive director—Staff.
Duty to report unprofessional conduct—Exceptions.
Disciplinary reports—Confidentiality—Immunity.
License required.
Exemptions.
Application—Fee.
Application—Eligibility requirements—United States and
Canadian graduates.
Application—Eligibility requirements—Foreign graduates.
Schools of medicine—Requirements for approval.
Record of proceedings of commission and of applications.
Examination—Record.
License renewal—Continuing education requirement—Failure to renew, procedure.
Inactive licenses—Renewal—Application of disciplinary provisions.
License without examination—Reciprocity—National board
examinees—Fee.
Limited licenses.
Applicability of health regulations.
Physician members of committees to evaluate credentials and
qualifications of physicians—Immunity from civil suit.
Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit.
Records of medical society or hospital committee or board not
subject to civil process.
False personation.
Emergency medical service personnel—Definitions.
Emergency medical service personnel—Certification.
Emergency medical service personnel—Liability.
Medical program directors—Certification.
[Title 18 RCW—page 178]
18.71.213
18.71.215
18.71.220
18.71.230
18.71.240
18.71.300
18.71.310
18.71.315
18.71.320
18.71.330
18.71.340
18.71.350
18.71.360
18.71.370
18.71.401
18.71.420
18.71.910
18.71.920
18.71.930
18.71.940
18.71.941
Medical program directors—Termination—Temporary delegation of authority.
Medical program directors—Liability for acts or omissions of
others.
Rendering emergency care—Immunity of physician or hospital from civil liability.
Disciplinary action against persons exempt from licensure.
Abortion—Right to medical treatment of infant born alive.
Impaired physician program—Definitions.
Impaired physician program—License surcharge.
Impaired physician account—Created.
Impaired physician program—Procedures.
Impaired physician program—Evaluation of physician.
Impaired physician program—Entity records protected.
Report of malpractice payments by insurers.
Driving records.
Joint practice arrangements.
Funds collected—Where deposited.
Allocation of all appropriated funds.
Repeal—1909 c 192.
Repeal—1957 c 60.
Severability—1957 c 60.
Severability—1961 c 284.
Severability—1975 1st ex.s. c 171.
Reviser's note: Certain powers and duties of the department of social
and health services and the secretary of social and health services transferred
to the department of health and the secretary of health. See RCW 43.70.060.
Abortion: Chapter 9.02 RCW.
Accepted medical procedures not to include adjustment by hand of any articulation of the spine: RCW 18.25.005.
Actions against, limitation of: RCW 4.16.350.
Actions for negligence against, evidence and proof required to prevail:
RCW 4.24.290.
Audits and investigations: RCW 74.09.290.
Crimes relating to pregnancy and childbirth: RCW 9A.32.060.
Health care assistants: Chapter 18.135 RCW.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Homeless person vision services: RCW 43.20A.800 through 43.20A.850.
License of doctors as event physician for contestants in boxing, kickboxing,
martial arts, and wrestling events: RCW 67.08.090.
Lien of doctors: Chapter 60.44 RCW.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
Regulation of practice of medicine and surgery, sale of drugs and medicines:
State Constitution Art. 20 § 2.
18.71.002 Purpose. It is the purpose of the medical
quality assurance commission to regulate the competency
and quality of professional health care providers under its
jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the
state of Washington. [1994 sp.s. c 9 § 301.]
18.71.002
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.003 Declaration of purpose. This chapter is
passed:
(1) In the exercise of the police power of the state to protect public health, to promote the welfare of the state, and to
provide an adequate public agency to act as a disciplinary
body for the members of the medical profession licensed to
practice medicine and surgery in this state;
(2) Because the health and well-being of the people of
this state are of paramount importance;
18.71.003
(2004 Ed.)
Physicians
(3) Because the conduct of members of the medical profession licensed to practice medicine and surgery in this state
plays a vital role in preserving the health and well-being of
the people of the state; and
(4) Because the agency which now exists to handle disciplinary proceedings for members of the medical profession
licensed to practice medicine and surgery in this state is ineffective and very infrequently employed, and consequently
there is no effective means of handling such disciplinary proceedings when they are necessary for the protection of the
public health. [1955 c 202 § 1. Formerly RCW 18.72.010.]
18.71.005
18.71.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.71.010
18.71.010 Definitions. The following terms used in this
chapter shall have the meanings set forth in this section
unless the context clearly indicates otherwise:
(1) "Commission" means the Washington state medical
quality assurance commission.
(2) "Secretary" means the secretary of health.
(3) "Resident physician" means an individual who has
graduated from a school of medicine which meets the
requirements set forth in RCW 18.71.055 and is serving a
period of postgraduate clinical medical training sponsored by
a college or university in this state or by a hospital accredited
by this state. For purposes of this chapter, the term shall
include individuals designated as intern or medical fellow.
(4) "Emergency medical care" or "emergency medical
service" has the same meaning as in chapter 18.73 RCW.
[1994 sp.s. c 9 § 302; 1991 c 3 § 158; 1988 c 104 § 1; 1979 c
158 § 51; 1975 1st ex.s. c 171 § 1; 1961 c 284 § 1; 1957 c 60
§ 2. Prior: 1947 c 168 § 1, part; 1919 c 134 § 3, part; 1909 c
192 § 6, part; Rem. Supp. 1947 § 10008, part; prior: 1905 c
41 § 1, part; 1901 c 42 § 1, part; 1890 p 115 § 3, part; Code
1881 § 2285, part.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Uniform Anatomical Gift Act: Chapter 68.50 RCW.
18.71.011
18.71.011 Definition of practice of medicine—Engaging in practice of chiropractic prohibited, when. A person
is practicing medicine if he does one or more of the following:
(1) Offers or undertakes to diagnose, cure, advise or prescribe for any human disease, ailment, injury, infirmity,
deformity, pain or other condition, physical or mental, real or
imaginary, by any means or instrumentality;
(2) Administers or prescribes drugs or medicinal preparations to be used by any other person;
(3) Severs or penetrates the tissues of human beings;
(4) Uses on cards, books, papers, signs or other written
or printed means of giving information to the public, in the
conduct of any occupation or profession pertaining to the
diagnosis or treatment of human disease or conditions the
designation "doctor of medicine", "physician", "surgeon",
"m.d." or any combination thereof unless such designation
additionally contains the description of another branch of the
healing arts for which a person has a license: PROVIDED
HOWEVER, That a person licensed under this chapter shall
(2004 Ed.)
18.71.015
not engage in the practice of chiropractic as defined in RCW
18.25.005. [1975 1st ex.s. c 171 § 15.]
18.71.015
18.71.015 Commission established—Membership—
Qualifications—Duties and powers—Compensation—
Order of removal—Vacancies. The Washington state medical quality assurance commission is established, consisting
of thirteen individuals licensed to practice medicine in the
state of Washington under this chapter, two individuals who
are licensed as physician assistants under chapter 18.71A
RCW, and four individuals who are members of the public.
Each congressional district now existing or hereafter created
in the state must be represented by at least one physician
member of the commission. The terms of office of members
of the commission are not affected by changes in congressional district boundaries. Public members of the commission
may not be a member of any other health care licensing board
or commission, or have a fiduciary obligation to a facility
rendering health services regulated by the commission, or
have a material or financial interest in the rendering of health
services regulated by the commission.
The members of the commission shall be appointed by
the governor. Members of the initial commission may be
appointed to staggered terms of one to four years, and thereafter all terms of appointment shall be for four years. The
governor shall consider such physician and physician assistant members who are recommended for appointment by the
appropriate professional associations in the state. In appointing the initial members of the commission, it is the intent of
the legislature that, to the extent possible, the existing members of the board of medical examiners and medical disciplinary board repealed under section 336, chapter 9, Laws of
1994 sp. sess. be appointed to the commission. No member
may serve more than two consecutive full terms. Each member shall hold office until a successor is appointed.
Each member of the commission must be a citizen of the
United States, must be an actual resident of this state, and, if
a physician, must have been licensed to practice medicine in
this state for at least five years.
The commission shall meet as soon as practicable after
appointment and elect officers each year. Meetings shall be
held at least four times a year and at such place as the commission determines and at such other times and places as the
commission deems necessary. A majority of the commission
members appointed and serving constitutes a quorum for the
transaction of commission business.
The affirmative vote of a majority of a quorum of the
commission is required to carry any motion or resolution, to
adopt any rule, or to pass any measure. The commission may
appoint panels consisting of at least three members. A quorum for the transaction of any business by a panel is a minimum of three members. A majority vote of a quorum of the
panel is required to transact business delegated to it by the
commission.
Each member of the commission shall be compensated
in accordance with RCW 43.03.265 and in addition thereto
shall be reimbursed for travel expenses incurred in carrying
out the duties of the commission in accordance with RCW
43.03.050 and 43.03.060. Any such expenses shall be paid
from funds appropriated to the department of health.
[Title 18 RCW—page 179]
18.71.017
Title 18 RCW: Businesses and Professions
Whenever the governor is satisfied that a member of a
commission has been guilty of neglect of duty, misconduct,
or malfeasance or misfeasance in office, the governor shall
file with the secretary of state a statement of the causes for
and the order of removal from office, and the secretary shall
forthwith send a certified copy of the statement of causes and
order of removal to the last known post office address of the
member.
Vacancies in the membership of the commission shall be
filled for the unexpired term by appointment by the governor.
The members of the commission are immune from suit
in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as
members of the commission.
Whenever the workload of the commission requires, the
commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers,
duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed
members of the commission. [1999 c 366 § 4; 1994 sp.s. c 9
§ 303. Prior: 1991 c 44 § 1; 1991 c 3 § 159; 1990 c 196 § 11;
1987 c 116 § 1; 1984 c 287 § 44; 1979 c 158 § 52; 1975-'76
2nd ex.s. c 34 § 41; 1975 1st ex.s. c 171 § 2; 1961 c 284 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.71.017
18.71.017 Rules by commission—Successor to other
boards. The commission may adopt such rules as are not
inconsistent with the laws of this state as may be determined
necessary or proper to carry out the purposes of this chapter.
The commission is the successor in interest of the board of
medical examiners and the medical disciplinary board. All
contracts, undertakings, agreements, rules, regulations, and
policies continue in full force and effect on July 1, 1994,
unless otherwise repealed or rejected by this chapter or by the
commission. [2000 c 171 § 23; 1994 sp.s. c 9 § 304; 1961 c
284 § 11.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.019
18.71.019 Application of Uniform Disciplinary Act—
Request for review of revocation order. The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed
practice and the issuance and denial of licenses and discipline
of licensees under this chapter. When a panel of the commission revokes a license, the respondent may request review of
the revocation order of the panel by the remaining members
of the commission not involved in the initial investigation.
The respondent's request for review must be filed within
twenty days of the effective date of the order revoking the
respondent's license. The review shall be scheduled for hearing by the remaining members of the commission not
involved in the initial investigation within sixty days. The
commission shall adopt rules establishing review procedures.
[Title 18 RCW—page 180]
[1996 c 195 § 1; 1994 sp.s. c 9 § 305; 1987 c 150 § 45; 1986
c 259 § 105.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71.0191
18.71.0191 Executive director—Staff. The secretary
of the department of health shall appoint, from a list of three
names supplied by the commission, an executive director
who shall act to carry out the provisions of this chapter. The
secretary shall also employ such additional staff including
administrative assistants, investigators, and clerical staff as
are required to enable the commission to accomplish its
duties and responsibilities. The executive director is exempt
from the provisions of the civil service law, chapter 41.06
RCW, as now or hereafter amended. [1994 sp.s. c 9 § 326;
1991 c 3 § 168; 1979 ex.s. c 111 § 6. Formerly RCW
18.72.155.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1979 ex.s. c 111: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 111 § 21.]
18.71.0193
18.71.0193 Duty to report unprofessional conduct—
Exceptions. (1) A licensed health care professional licensed
under this chapter shall report to the commission when he or
she has personal knowledge that a practicing physician has
either committed an act or acts which may constitute statutorily defined unprofessional conduct or that a practicing physician may be unable to practice medicine with reasonable
skill and safety to patients by reason of illness, drunkenness,
excessive use of drugs, narcotics, chemicals, or any other
type of material, or as a result of any mental or physical conditions.
(2) Reporting under this section is not required by:
(a) An appropriately appointed peer review committee
member of a licensed hospital or by an appropriately designated professional review committee member of a county or
state medical society during the investigative phase of their
respective operations if these investigations are completed in
a timely manner; or
(b) A treating licensed health care professional of a physician currently involved in a treatment program as long as
the physician patient actively participates in the treatment
program and the physician patient's impairment does not constitute a clear and present danger to the public health, safety,
or welfare.
(3) The commission may impose disciplinary sanctions,
including license suspension or revocation, on any health
care professional subject to the jurisdiction of the commission who has failed to comply with this section. [1994 sp.s. c
9 § 327; 1986 c 300 § 5. Formerly RCW 18.72.165.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
(2004 Ed.)
Physicians
18.71.0195
18.71.0195 Disciplinary reports—Confidentiality—
Immunity. (1) The contents of any report filed under RCW
18.130.070 shall be confidential and exempt from public disclosure pursuant to chapter 42.17 RCW, except that it may be
reviewed (a) by the licensee involved or his or her counsel or
authorized representative who may submit any additional
exculpatory or explanatory statements or other information,
which statements or other information shall be included in
the file, or (b) by a representative of the commission, or
investigator thereof, who has been assigned to review the
activities of a licensed physician.
Upon a determination that a report is without merit, the
commission's records may be purged of information relating
to the report.
(2) Every individual, medical association, medical society, hospital, medical service bureau, health insurance carrier
or agent, professional liability insurance carrier, professional
standards review organization, agency of the federal, state, or
local government, or the entity established by RCW
18.71.300 and its officers, agents, and employees are immune
from civil liability, whether direct or derivative, for providing
information to the commission under RCW 18.130.070, or
for which an individual health care provider has immunity
under the provisions of RCW 4.24.240, 4.24.250, or
4.24.260. [1998 c 132 § 2; 1994 sp.s. c 9 § 328; 1986 c 259
§ 117; 1979 ex.s. c 111 § 15. Formerly RCW 18.72.265.]
Finding—Intent—1998 c 132: "The legislature finds that the selfimposed license surcharge on physician licenses to fund a program to help
physicians with chemical dependency or mental illness is not being fully
spent on that program. It is the intent of the legislature that the program be
fully funded and that funds collected into the impaired physician account be
spent only on the program." [1998 c 132 § 1.]
Severability—1998 c 132: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 132 § 15.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1979 ex.s. c 111: See note following RCW 18.71.0191.
18.71.021
18.71.021 License required. No person may practice
or represent himself or herself as practicing medicine without
first having a valid license to do so. [1987 c 150 § 46.]
Severability—1987 c 150: See RCW 18.122.901.
18.71.030
18.71.030 Exemptions. Nothing in this chapter shall be
construed to apply to or interfere in any way with the practice
of religion or any kind of treatment by prayer; nor shall anything in this chapter be construed to prohibit:
(1) The furnishing of medical assistance in cases of
emergency requiring immediate attention;
(2) The domestic administration of family remedies;
(3) The administration of oral medication of any nature
to students by public school district employees or private elementary or secondary school employees as provided for in
chapter 28A.210 RCW;
(4) The practice of dentistry, osteopathic medicine and
surgery, nursing, chiropractic, podiatric medicine and surgery, optometry, naturopathy, or any other healing art
licensed under the methods or means permitted by such
license;
(2004 Ed.)
18.71.030
(5) The practice of medicine in this state by any commissioned medical officer serving in the armed forces of the
United States or public health service or any medical officer
on duty with the United States veterans administration while
such medical officer is engaged in the performance of the
duties prescribed for him or her by the laws and regulations
of the United States;
(6) The practice of medicine by any practitioner licensed
by another state or territory in which he or she resides, provided that such practitioner shall not open an office or
appoint a place of meeting patients or receiving calls within
this state;
(7) The practice of medicine by a person who is a regular
student in a school of medicine approved and accredited by
the commission, however, the performance of such services
be only pursuant to a regular course of instruction or assignments from his or her instructor, or that such services are performed only under the supervision and control of a person
licensed pursuant to this chapter;
(8) The practice of medicine by a person serving a period
of postgraduate medical training in a program of clinical
medical training sponsored by a college or university in this
state or by a hospital accredited in this state, however, the
performance of such services shall be only pursuant to his or
her duties as a trainee;
(9) The practice of medicine by a person who is regularly
enrolled in a physician assistant program approved by the
commission, however, the performance of such services shall
be only pursuant to a regular course of instruction in said program and such services are performed only under the supervision and control of a person licensed pursuant to this chapter;
(10) The practice of medicine by a licensed physician
assistant which practice is performed under the supervision
and control of a physician licensed pursuant to this chapter;
(11) The practice of medicine, in any part of this state
which shares a common border with Canada and which is
surrounded on three sides by water, by a physician licensed to
practice medicine and surgery in Canada or any province or
territory thereof;
(12) The administration of nondental anesthesia by a
dentist who has completed a residency in anesthesiology at a
school of medicine approved by the commission, however, a
dentist allowed to administer nondental anesthesia shall do so
only under authorization of the patient's attending surgeon,
obstetrician, or psychiatrist, and the commission has jurisdiction to discipline a dentist practicing under this exemption
and enjoin or suspend such dentist from the practice of nondental anesthesia according to this chapter and chapter
18.130 RCW;
(13) Emergency lifesaving service rendered by a physician's trained emergency medical service intermediate life
support technician and paramedic, as defined in RCW
18.71.200, if the emergency lifesaving service is rendered
under the responsible supervision and control of a licensed
physician;
(14) The provision of clean, intermittent bladder catheterization for students by public school district employees or
private school employees as provided for in RCW 18.79.290
and 28A.210.280. [1996 c 178 § 4; 1995 c 65 § 1; 1994 sp.s.
c 9 § 306. Prior: 1990 c 196 § 12; 1990 c 33 § 552; 1988 c 48
[Title 18 RCW—page 181]
18.71.040
Title 18 RCW: Businesses and Professions
§ 4; 1986 c 259 § 108; 1983 c 2 § 1; prior: 1982 c 195 § 3;
1982 c 51 § 1; 1975 1st ex.s. c 171 § 5; 1973 1st ex.s. c 110 §
1; 1961 c 284 § 4; 1919 c 134 § 12; 1909 c 192 § 19; RRS §
10024.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1983 c 2: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1983 c 2 § 21.]
Severability—1982 c 195: See note following RCW 28A.210.260.
18.71.040
18.71.040 Application—Fee. Every applicant for a
license to practice medicine and surgery shall pay a fee determined by the secretary as provided in RCW 43.70.250.
[2003 c 275 § 1; 1991 c 3 § 160; 1985 c 322 § 1. Prior: 1975
1st ex.s. c 171 § 6; 1975 1st ex.s. c 30 § 61; 1955 c 202 § 35;
prior: 1941 c 166 § 1, part; 1913 c 82 § 1, part; 1909 c 192 §
7, part; Rem. Supp. 1941 § 10010-1, part.]
18.71.051
18.71.051 Application—Eligibility requirements—
Foreign graduates. Applicants for licensure to practice
medicine who have graduated from a school of medicine
located outside of the states, territories, and possessions of
the United States, the District of Columbia, or the Dominion
of Canada, shall file an application for licensure with the
commission on a form prepared by the secretary with the
approval of the commission. Each applicant shall furnish
proof satisfactory to the commission of the following:
(1) That he or she has completed in a school of medicine
a resident course of professional instruction equivalent to that
required in this chapter for applicants generally;
(2) That he or she meets all the requirements which must
be met by graduates of the United States and Canadian school
of medicine except that he or she need not have graduated
from a school of medicine approved by the commission;
(3) That he or she has satisfactorily passed the examination given by the educational council for foreign medical
graduates or has met the requirements in lieu thereof as set
forth in rules adopted by the commission;
(4) That he or she has the ability to read, write, speak,
understand, and be understood in the English language.
[1994 sp.s. c 9 § 308; 1991 c 3 § 162; 1975 1st ex.s. c 171 §
16.]
18.71.050
18.71.050 Application—Eligibility requirements—
United States and Canadian graduates. (1) Each applicant
who has graduated from a school of medicine located in any
state, territory, or possession of the United States, the District
of Columbia, or the Dominion of Canada, shall file an application for licensure with the commission on a form prepared
by the secretary with the approval of the commission. Each
applicant shall furnish proof satisfactory to the commission
of the following:
(a) That the applicant has attended and graduated from a
school of medicine approved by the commission;
(b) That the applicant has completed two years of postgraduate medical training in a program acceptable to the
commission, provided that applicants graduating before July
28, 1985, may complete only one year of postgraduate medical training;
(c) That the applicant is of good moral character; and
(d) That the applicant is physically and mentally capable
of safely carrying on the practice of medicine. The commission may require any applicant to submit to such examination
or examinations as it deems necessary to determine an applicant's physical and/ or mental capability to safely practice
medicine.
(2) Nothing in this section shall be construed as prohibiting the commission from requiring such additional information from applicants as it deems necessary. The issuance and
denial of licenses are subject to chapter 18.130 RCW, the
Uniform Disciplinary Act. [1994 sp.s. c 9 § 307; 1991 c 3 §
161. Prior: 1986 c 259 § 109; 1985 c 322 § 2; 1975 1st ex.s.
c 171 § 7; 1961 c 284 § 5; 1957 c 60 § 3; prior: 1947 c 168 §
1, part; 1919 c 134 § 3, part; 1909 c 192 § 6, part; Rem. Supp.
1947 § 10008, part; prior: 1905 c 41 § 1, part; 1901 c 42 § 1,
part; 1890 p 115 § 3, part; Code 1881 § 2285, part.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
[Title 18 RCW—page 182]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.055
18.71.055 Schools of medicine—Requirements for
approval. The commission may approve any school of medicine which is located in any state, territory, or possession of
the United States, the District of Columbia, or in the Dominion of Canada, provided that it:
(1) Requires collegiate instruction which includes
courses deemed by the commission to be prerequisites to
medical education;
(2) Provides adequate instruction in the following subjects: Anatomy, biochemistry, microbiology and immunology, pathology, pharmacology, physiology, anaesthesiology,
dermatology, gynecology, internal medicine, neurology,
obstetrics, ophthalmology, orthopedic surgery, otolaryngology, pediatrics, physical medicine and rehabilitation, preventive medicine and public health, psychiatry, radiology, surgery, and urology, and such other subjects determined by the
commission;
(3) Provides clinical instruction in hospital wards and
out-patient clinics under guidance.
Approval may be withdrawn by the commission at any
time a medical school ceases to comply with one or more of
the requirements of this section.
(4) Nothing in this section shall be construed to authorize
the commission to approve a school of osteopathic medicine
and surgery, or osteopathic medicine, for purposes of qualifying an applicant to be licensed under this chapter by direct
licensure, reciprocity, or otherwise. [1996 c 178 § 5; 1994
sp.s. c 9 § 309; 1975 1st ex.s. c 171 § 8; 1961 c 284 § 6; 1957
c 60 § 4.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
(2004 Ed.)
Physicians
18.71.060
18.71.060 Record of proceedings of commission and
of applications. The commission shall keep an official
record of all its proceedings, a part of which record shall consist of a register of all applicants for licensure under this
chapter, with the result of each application. The record shall
be evidence of all the proceedings of the commission that are
set forth in it. [1994 sp.s. c 9 § 310; 1975 1st ex.s. c 171 § 9;
1961 c 284 § 7; 1909 c 192 § 8; RRS § 10011.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.070
18.71.070 Examination—Record. With the exception
of those applicants granted licensure through the provisions
of RCW 18.71.090 or 18.71.095, applicants for licensure
must successfully complete an examination administered by
the commission to determine their professional qualifications. The commission shall prepare and give, or approve the
preparation and giving of, an examination which shall cover
those general subjects and topics, a knowledge of which is
commonly and generally required of candidates for the
degree of doctor of medicine conferred by approved colleges
or schools of medicine in the United States. Notwithstanding
any other provision of law, the commission has the sole
responsibility for determining the proficiency of applicants
under this chapter, and, in so doing, may waive any prerequisite to licensure not set forth in this chapter.
The commission may by rule establish the passing grade
for the examination.
Examination results shall be part of the records of the
commission and shall be permanently kept with the applicant's file. [1994 sp.s. c 9 § 311; 1985 c 322 § 3; 1975 1st
ex.s. c 171 § 10; 1961 c 284 § 8; 1919 c 134 § 4; 1909 c 192
§ 6; RRS § 10009.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.080
18.71.080 License renewal—Continuing education
requirement—Failure to renew, procedure. Every person
licensed to practice medicine in this state shall pay licensing
fees and renew his or her license in accordance with administrative procedures and administrative requirements adopted
as provided in RCW 43.70.250 and 43.70.280. The commission may establish rules governing mandatory continuing
education requirements which shall be met by physicians
applying for renewal of licenses. The rules shall provide that
mandatory continuing education requirements may be met in
part by physicians showing evidence of the completion of
approved activities relating to professional liability risk management. The commission, in its sole discretion, may permit
an applicant who has not renewed his or her license to be
licensed without examination if it is satisfied that such applicant meets all the requirements for licensure in this state, and
is competent to engage in the practice of medicine. [1996 c
191 § 52; 1994 sp.s. c 9 § 312. Prior: 1991 c 195 § 1; 1991 c
3 § 163; 1985 c 322 § 4; prior: 1979 c 158 §§ 53, 54, 55; 1975
1st ex.s. c 171 § 11; 1971 ex.s. c 266 § 12; 1955 c 202 § 36;
prior: 1941 c 166 § 1, part; 1913 c 82 § 1, part; 1909 c 192 §
7, part; Rem. Supp. 1941 § 10010-1, part.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
(2004 Ed.)
18.71.095
18.71.085
18.71.085 Inactive licenses—Renewal—Application
of disciplinary provisions. The commission may adopt
rules pursuant to this section authorizing an inactive license
status.
(1) An individual licensed pursuant to chapter 18.71
RCW may place his or her license on inactive status. The
holder of an inactive license shall not practice medicine and
surgery in this state without first activating the license.
(2) The administrative procedures, administrative
requirements, and fee for inactive renewal shall be established pursuant to RCW 43.70.250 and 43.70.280.
(3) An inactive license may be placed in an active status
upon compliance with rules established by the commission.
(4) Provisions relating to disciplinary action against a
person with a license shall be applicable to a person with an
inactive license, except that when disciplinary proceedings
against a person with an inactive license have been initiated,
the license shall remain inactive until the proceedings have
been completed. [1996 c 191 § 53; 1994 sp.s. c 9 § 313; 1991
c 44 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.090
18.71.090 License without examination—Reciprocity—National board examinees—Fee. Any applicant who
meets the requirements of RCW 18.71.050 and has been
licensed under the laws of another state, territory, or possession of the United States, or of any province of Canada, or an
applicant who has satisfactorily passed examinations given
by the national board of medical examiners may, in the discretion of the commission, be granted a license without
examination on the payment of the fees required by this chapter: PROVIDED, That the applicant must file with the commission a copy of the license certified by the proper authorities of the issuing state to be a full, true copy thereof, and
must show that the standards, eligibility requirements, and
examinations of that state are at least equal in all respects to
those of this state. [1994 sp.s. c 9 § 314; 1985 c 322 § 5.
Prior: 1975 1st ex.s. c 171 § 12; 1975 1st ex.s. c 30 § 63;
1961 c 284 § 9; 1957 c 60 § 5; 1919 c 134 § 11; RRS §
10023.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.095
18.71.095 Limited licenses. The commission may,
without examination, issue a limited license to persons who
possess the qualifications set forth herein:
(1) The commission may, upon the written request of the
secretary of the department of social and health services or
the secretary of corrections, issue a limited license to practice
medicine in this state to persons who have been accepted for
employment by the department of social and health services
or the department of corrections as physicians; who are
licensed to practice medicine in another state of the United
States or in the country of Canada or any province or territory
thereof; and who meet all of the qualifications for licensure
set forth in RCW 18.71.050.
Such license shall permit the holder thereof to practice
medicine only in connection with patients, residents, or
inmates of the state institutions under the control and super[Title 18 RCW—page 183]
18.71.100
Title 18 RCW: Businesses and Professions
vision of the secretary of the department of social and health
services or the department of corrections.
(2) The commission may issue a limited license to practice medicine in this state to persons who have been accepted
for employment by a county or city health department as physicians; who are licensed to practice medicine in another state
of the United States or in the country of Canada or any province or territory thereof; and who meet all of the qualifications for licensure set forth in RCW 18.71.050.
Such license shall permit the holder thereof to practice
medicine only in connection with his or her duties in employment with the city or county health department.
(3) Upon receipt of a completed application showing that
the applicant meets all of the requirements for licensure set
forth in RCW 18.71.050 except for completion of two years
of postgraduate medical training, and that the applicant has
been appointed as a resident physician in a program of postgraduate clinical training in this state approved by the commission, the commission may issue a limited license to a resident physician. Such license shall permit the resident physician to practice medicine only in connection with his or her
duties as a resident physician and shall not authorize the physician to engage in any other form of practice. Each resident
physician shall practice medicine only under the supervision
and control of a physician licensed in this state, but such
supervision and control shall not be construed to necessarily
require the personal presence of the supervising physician at
the place where services are rendered.
(4)(a) Upon nomination by the dean of the school of
medicine at the University of Washington or the chief executive officer of a hospital or other appropriate health care facility licensed in the state of Washington, the commission may
issue a limited license to a physician applicant invited to
serve as a teaching-research member of the institution's
instructional staff if the sponsoring institution and the applicant give evidence that he or she has graduated from a recognized medical school and has been licensed or otherwise
privileged to practice medicine at his or her location of origin. Such license shall permit the recipient to practice medicine only within the confines of the instructional program
specified in the application and shall terminate whenever the
holder ceases to be involved in that program, or at the end of
one year, whichever is earlier. Upon request of the applicant
and the institutional authority, the license may be renewed.
(b) Upon nomination by the dean of the school of medicine of the University of Washington or the chief executive
officer of any hospital or appropriate health care facility
licensed in the state of Washington, the commission may
issue a limited license to an applicant selected by the sponsoring institution to be enrolled in one of its designated departmental or divisional fellowship programs provided that the
applicant shall have graduated from a recognized medical
school and has been granted a license or other appropriate
certificate to practice medicine in the location of the applicant's origin. Such license shall permit the holder only to
practice medicine within the confines of the fellowship program to which he or she has been appointed and, upon the
request of the applicant and the sponsoring institution, the
license may be renewed by the commission for no more than
a total of two years.
[Title 18 RCW—page 184]
All persons licensed under this section shall be subject to
the jurisdiction of the commission to the same extent as other
members of the medical profession, in accordance with this
chapter and chapter 18.130 RCW.
Persons applying for licensure and renewing licenses
pursuant to this section shall comply with administrative procedures, administrative requirements, and fees determined as
provided in RCW 43.70.250 and 43.70.280. Any person who
obtains a limited license pursuant to this section may apply
for licensure under this chapter, but shall submit a new application form and comply with all other licensing requirements
of this chapter. [2001 c 114 § 1; 1996 c 191 § 54; 1994 sp.s.
c 9 § 315; 1991 c 3 § 164; 1990 c 160 § 1; 1987 c 129 § 1.
Prior: 1986 c 259 § 110; 1985 c 322 § 6; 1975 1st ex.s. c 171
§ 13; 1973 1st ex.s. c 4 § 1; 1967 c 138 § 1; 1965 c 29 § 1;
1959 c 189 § 1.]
Effective date—2001 c 114: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 27, 2001]." [2001 c 114 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71.100 Applicability of health regulations. All
persons granted licenses or certificates under this chapter,
shall be subject to the state and municipal regulations relating
to the control of contagious diseases, the reporting and certifying to births and deaths, and all matters pertaining to public
health; and all such reports shall be accepted as legal. [1909
c 192 § 18; RRS § 10022.]
18.71.100
Public health and safety: Title 70 RCW.
Vital statistics: Chapter 70.58 RCW.
18.71.151 Physician members of committees to evaluate credentials and qualifications of physicians—Immunity from civil suit. See RCW 4.24.240.
18.71.151
18.71.161 Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit. See RCW 4.24.250, 4.24.260.
18.71.161
18.71.171 Records of medical society or hospital
committee or board not subject to civil process. See
RCW 4.24.250.
18.71.171
18.71.190 False personation. Every person filing for
record, or attempting to file for record, the certificate issued
to another, falsely claiming himself or herself to be the person named in such certificate, or falsely claiming himself or
herself to be the person entitled to the same, is guilty of forgery under RCW 9A.60.020. [2003 c 53 § 138; 1909 c 192 §
16; RRS § 10019.]
18.71.190
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
False personation in the first or second degree: RCW 9A.60.040, 9A.60.045.
18.71.200 Emergency medical service personnel—
Definitions. As used in this chapter, a "physician's trained
emergency medical service intermediate life support technician and paramedic" means a person who:
18.71.200
(2004 Ed.)
Physicians
(1) Has successfully completed an emergency medical
technician course as described in chapter 18.73 RCW;
(2) Is trained under the supervision of an approved medical program director according to training standards prescribed in rule to perform specific phases of advanced cardiac
and trauma life support under written or oral authorization of
an approved licensed physician; and
(3) Has been examined and certified as a physician's
trained emergency medical service intermediate life support
technician and paramedic, by level, by the University of
Washington's school of medicine or the department of health.
[1995 c 65 § 2; 1991 c 3 § 165; 1986 c 259 § 111; 1983 c 112
§ 1; 1977 c 55 § 2; 1973 1st ex.s. c 52 § 1; 1971 ex.s. c 305 §
2.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
18.71.210
(6) Such activities of physician's trained emergency
medical service intermediate life support technicians and
paramedics shall be limited to actions taken under the express
written or oral order of medical program directors and shall
not be construed at any time to include free standing or nondirected actions, for actions not presenting an emergency or
life-threatening condition. [1996 c 191 § 55; 1996 c 178 § 6;
1995 c 65 § 3; 1994 sp.s. c 9 § 316; 1992 c 128 § 1; 1990 c
269 § 18; 1986 c 68 § 1; 1983 c 112 § 2; 1977 c 55 § 3.]
Reviser's note: This section was amended by 1996 c 178 § 6 and by
1996 c 191 § 55, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1990 c 269: See RCW 70.168.901.
18.71.210
18.71.205
18.71.205 Emergency medical service personnel—
Certification. (1) The secretary of the department of health,
in conjunction with the advice and assistance of the emergency medical services licensing and certification advisory
committee as prescribed in RCW 18.73.050, and the commission, shall prescribe:
(a) Practice parameters, training standards for, and levels
of, physician trained emergency medical service intermediate
life support technicians and paramedics;
(b) Minimum standards and performance requirements
for the certification and recertification of physician's trained
emergency medical service intermediate life support technicians and paramedics; and
(c) Procedures for certification, recertification, and
decertification of physician's trained emergency medical service intermediate life support technicians and paramedics.
(2) Initial certification shall be for a period established
by the secretary pursuant to RCW 43.70.250 and 43.70.280.
(3) Recertification shall be granted upon proof of continuing satisfactory performance and education, and shall be
for a period established by the secretary pursuant to RCW
43.70.250 and 43.70.280.
(4) As used in chapters 18.71 and 18.73 RCW,
"approved medical program director" means a person who:
(a) Is licensed to practice medicine and surgery pursuant
to chapter 18.71 RCW or osteopathic medicine and surgery
pursuant to chapter 18.57 RCW; and
(b) Is qualified and knowledgeable in the administration
and management of emergency care and services; and
(c) Is so certified by the department of health for a
county, group of counties, or cities with populations over
four hundred thousand in coordination with the recommendations of the local medical community and local emergency
medical services and trauma care council.
(5) The Uniform Disciplinary Act, chapter 18.130 RCW,
governs uncertified practice, the issuance and denial of certificates, and the disciplining of certificate holders under this
section. The secretary shall be the disciplining authority
under this section. Disciplinary action shall be initiated
against a person credentialed under this chapter in a manner
consistent with the responsibilities and duties of the medical
program director under whom such person is responsible.
(2004 Ed.)
18.71.210 Emergency medical service personnel—
Liability. No act or omission of any physician's trained
emergency medical service intermediate life support technician and paramedic, as defined in RCW 18.71.200, or any
emergency medical technician or first responder, as defined
in RCW 18.73.030, done or omitted in good faith while rendering emergency medical service under the responsible
supervision and control of a licensed physician or an
approved medical program director or delegate(s) to a person
who has suffered illness or bodily injury shall impose any liability upon:
(1) The physician's trained emergency medical service
intermediate life support technician and paramedic, emergency medical technician, or first responder;
(2) The medical program director;
(3) The supervising physician(s);
(4) Any hospital, the officers, members of the staff,
nurses, or other employees of a hospital;
(5) Any training agency or training physician(s);
(6) Any licensed ambulance service; or
(7) Any federal, state, county, city or other local governmental unit or employees of such a governmental unit.
This section shall apply to an act or omission committed
or omitted in the performance of the actual emergency medical procedures and not in the commission or omission of an
act which is not within the field of medical expertise of the
physician's trained emergency medical service intermediate
life support technician and paramedic, emergency medical
technician, or first responder, as the case may be.
This section shall apply also, as to the entities and personnel described in subsections (1) through (7) of this section, to any act or omission committed or omitted in good
faith by such entities or personnel in rendering services at the
request of an approved medical program director in the training of emergency medical service personnel for certification
or recertification pursuant to this chapter.
This section shall not apply to any act or omission which
constitutes either gross negligence or willful or wanton misconduct. [1997 c 275 § 1; 1997 c 245 § 1. Prior: 1995 c 103
§ 1; 1995 c 65 § 4; 1989 c 260 § 4; 1987 c 212 § 502; 1986 c
68 § 4; 1983 c 112 § 3; 1977 c 55 § 4; 1971 ex.s. c 305 § 3.]
Effective date—1995 c 103: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state gov[Title 18 RCW—page 185]
18.71.212
Title 18 RCW: Businesses and Professions
ernment and its existing public institutions, and shall take effect immediately
[April 19, 1995]." [1995 c 103 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71.212
18.71.212 Medical program directors—Certification.
The secretary of the department of health, in conjunction with
the state emergency medical services and trauma care committee, shall evaluate, certify and terminate certification of
medical program directors, and prescribe minimum standards
defining duties and responsibilities and performance of duties
and responsibilities. [1990 c 269 § 19; 1986 c 68 § 2.]
18.71.240
18.71.240 Abortion—Right to medical treatment of
infant born alive. The right of medical treatment of an
infant born alive in the course of an abortion procedure shall
be the same as the right of an infant born prematurely of equal
gestational age. [1981 c 328 § 1.]
18.71.300
Severability—1990 c 269: See RCW 70.168.901.
18.71.213
18.71.213 Medical program directors—Termination—Temporary delegation of authority. If a medical
program director terminates certification, that medical program director's authority may be delegated by the department
to any other licensed physician for a period of thirty days, or
until a new medical program director is certified, whichever
comes first. [1986 c 68 § 3.]
18.71.215
18.71.215 Medical program directors—Liability for
acts or omissions of others. The department of health shall
defend and hold harmless approved medical program directors, delegates, or agents, including but not limited to hospitals and hospital personnel in their capacity of training emergency service medical personnel for certification or recertification pursuant to this chapter at the request of such directors,
for any act or omission committed or omitted in good faith in
the performance of their duties. [1995 c 103 § 2; 1990 c 269
§ 20; 1986 c 68 § 5; 1983 c 112 § 4.]
Effective date—1995 c 103: See note following RCW 18.71.210.
Severability—1990 c 269: See RCW 70.168.901.
18.71.220
18.71.220 Rendering emergency care—Immunity of
physician or hospital from civil liability. No physician or
hospital licensed in this state shall be subject to civil liability,
based solely upon failure to obtain consent in rendering
emergency medical, surgical, hospital, or health services to
any individual regardless of age where its patient is unable to
give his consent for any reason and there is no other person
reasonably available who is legally authorized to consent to
the providing of such care: PROVIDED, That such physician
or hospital has acted in good faith and without knowledge of
facts negating consent. [1971 ex.s. c 305 § 4.]
Immunity from liability for certain types of medical care: RCW 4.24.300.
18.71.230
18.71.230 Disciplinary action against persons exempt
from licensure. A right to practice medicine and surgery by
an individual in this state pursuant to RCW 18.71.030 (5)
through (12) shall be subject to discipline by order of the
commission upon a finding by the commission of an act of
unprofessional conduct as defined in RCW 18.130.180 or
that the individual is unable to practice with reasonable skill
or safety due to a mental or physical condition as described in
RCW 18.130.170. Such physician shall have the same rights
of notice, hearing, and judicial review as provided licensed
physicians generally under this chapter and chapter 18.130
RCW. [1994 sp.s. c 9 § 317; 1986 c 259 § 112; 1979 c 158 §
57; 1973 1st ex.s. c 110 § 2.]
[Title 18 RCW—page 186]
18.71.300 Impaired physician program—Definitions. The definitions in this section apply throughout RCW
18.71.310 through 18.71.340 unless the context clearly
requires otherwise.
(1) "Entity" means a nonprofit corporation formed by
physicians who have expertise in the areas of alcohol abuse,
drug abuse, alcoholism, other drug addictions, and mental illness and who broadly represent the physicians of the state
and that has been designated to perform any or all of the
activities set forth in RCW 18.71.310(1) by the commission.
(2) "Impaired" or "impairment" means the inability to
practice medicine with reasonable skill and safety to patients
by reason of physical or mental illness including alcohol
abuse, drug abuse, alcoholism, other drug addictions, or other
debilitating conditions.
(3) "Impaired physician program" means the program for
the prevention, detection, intervention, monitoring, and treatment of impaired physicians established by the commission
pursuant to RCW 18.71.310(1).
(4) "Physician" or "practitioner" means a person licensed
under this chapter, chapter 18.71A RCW, or a professional
licensed under another chapter of Title 18 RCW whose disciplining authority has a contract with the entity for an
impaired practitioner program for its license holders.
(5) "Treatment program" means a plan of care and rehabilitation services provided by those organizations or persons
authorized to provide such services to be approved by the
commission or entity for impaired physicians taking part in
the impaired physician program created by RCW 18.71.310.
[1998 c 132 § 3; 1994 sp.s. c 9 § 329; 1989 c 119 § 1; 1987 c
416 § 1. Formerly RCW 18.72.301.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 416 § 10.]
18.71.310
18.71.310 Impaired physician program—License
surcharge. (1) The commission shall enter into a contract
with the entity to implement an impaired physician program.
The commission may enter into a contract with the entity for
up to six years in length. The impaired physician program
may include any or all of the following:
(a) Entering into relationships supportive of the impaired
physician program with professionals who provide either
evaluation or treatment services, or both;
(b) Receiving and assessing reports of suspected impairment from any source;
(2004 Ed.)
Physicians
(c) Intervening in cases of verified impairment, or in
cases where there is reasonable cause to suspect impairment;
(d) Upon reasonable cause, referring suspected or verified impaired physicians for evaluation or treatment;
(e) Monitoring the treatment and rehabilitation of
impaired physicians including those ordered by the commission;
(f) Providing monitoring and continuing treatment and
rehabilitative support of physicians;
(g) Performing such other activities as agreed upon by
the commission and the entity; and
(h) Providing prevention and education services.
(2) A contract entered into under subsection (1) of this
section shall be financed by a surcharge of not less than
twenty-five and not more than thirty-five dollars per year on
each license renewal or issuance of a new license to be collected by the department of health from every physician and
surgeon licensed under this chapter in addition to other
license fees. These moneys shall be placed in the impaired
physician account to be used solely for the implementation of
the impaired physician program. [2001 c 109 § 1; 1998 c 132
§ 4; 1997 c 79 § 2; 1994 sp.s. c 9 § 330; 1991 c 3 § 169; 1989
c 119 § 2; 1987 c 416 § 2. Formerly RCW 18.72.306.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Effective date—1997 c 79: See note following RCW 18.71.401.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: See note following RCW 18.72.301.
18.71.315 Impaired physician account—Created.
The impaired physician account is created in the custody of
the state treasurer. All receipts from RCW 18.71.310 from
license surcharges on physicians and physician assistants
shall be deposited into the account. Expenditures from the
account may only be used for the impaired physician program under this chapter. Only the secretary of health or the
secretary's designee may authorize expenditures from the
account. No appropriation is required for expenditures from
this account. [1998 c 132 § 12.]
18.71.350
ate with the entity, fails to submit to evaluation or treatment,
or whose impairment is not substantially alleviated through
treatment, or who, in the opinion of the entity, is probably
unable to practice medicine with reasonable skill and safety;
(5) Informing each participant of the impaired physician
program of the program procedures, the responsibilities of
program participants, and the possible consequences of noncompliance with the program. [1998 c 132 § 5; 1994 sp.s. c
9 § 331; 1987 c 416 § 3. Formerly RCW 18.72.311.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: See note following RCW 18.71.300.
18.71.330
18.71.330 Impaired physician program—Evaluation
of physician. If the commission has reasonable cause to
believe that a physician is impaired, the commission shall
cause an evaluation of such physician to be conducted by the
entity or the entity's designee or the commission's designee
for the purpose of determining if there is an impairment. The
entity or appropriate designee shall report the findings of its
evaluation to the commission. [1998 c 132 § 6; 1994 sp.s. c
9 § 332; 1987 c 416 § 4. Formerly RCW 18.72.316.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: See note following RCW 18.71.300.
18.71.315
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
18.71.320
18.71.320 Impaired physician program—Procedures. The entity shall develop procedures in consultation
with the commission for:
(1) Periodic reporting of statistical information regarding
impaired physician activity;
(2) Periodic disclosure and joint review of such information as the commission may deem appropriate regarding
reports received, contacts or investigations made, and the disposition of each report. However, the entity shall not disclose
any personally identifiable information except as provided in
subsections (3) and (4) of this section;
(3) Immediate reporting to the commission of the name
and results of any contact or investigation regarding any suspected or verified impaired physician who is reasonably
believed probably to constitute an imminent danger to himself or herself or to the public;
(4) Reporting to the commission, in a timely fashion, any
suspected or verified impaired physician who fails to cooper(2004 Ed.)
18.71.340
18.71.340 Impaired physician program—Entity
records protected. All entity records are not subject to disclosure pursuant to chapter 42.17 RCW. [1998 c 132 § 7;
1987 c 416 § 6. Formerly RCW 18.72.321.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Effective date—1987 c 416: See note following RCW 18.71.300.
18.71.350
18.71.350 Report of malpractice payments by insurers. (1) Every institution or organization providing professional liability insurance to physicians shall send a complete
report to the commission of all malpractice settlements,
awards, or payments in excess of twenty thousand dollars as
a result of a claim or action for damages alleged to have been
caused by an insured physician's incompetency or negligence
in the practice of medicine. Such institution or organization
shall also report the award, settlement, or payment of three or
more claims during a five-year time period as the result of the
alleged physician's incompetence or negligence in the practice of medicine regardless of the dollar amount of the award
or payment.
(2) Reports required by this section shall be made within
sixty days of the date of the settlement or verdict. Failure to
comply with this section is punishable by a civil penalty not
to exceed two hundred fifty dollars. [1994 sp.s. c 9 § 333;
1993 c 367 § 17; 1986 c 300 § 6. Formerly RCW 18.72.340.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
[Title 18 RCW—page 187]
18.71.360
Title 18 RCW: Businesses and Professions
18.71.360 Driving records. To assist in identifying
impairment related to alcohol abuse, the commission may
obtain a copy of the driving record of a physician or a physician assistant maintained by the department of licensing.
[1994 sp.s. c 9 § 334; 1991 c 215 § 2. Formerly RCW
18.72.345.]
18.71.360
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.370 Joint practice arrangements. The commission is directed to jointly adopt by consensus, with the board
of osteopathic medicine and surgery and the Washington
state nursing care quality assurance commission, a process
and criteria that implements the joint practice arrangements
authorized under RCW 18.79.240(1)(s). [2000 c 64 § 5.]
18.71.370
Severability—2000 c 64: See note following RCW 18.79.255.
18.71.401 Funds collected—Where deposited. All
assessments, fines, and other funds collected or received
under this chapter must be deposited in the health professions
account and used solely to administer and implement this
chapter. [1997 c 79 § 1.]
18.71.401
Effective date—1997 c 79: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 79 § 6.]
18.71.420 Allocation of all appropriated funds. The
secretary of health shall allocate all appropriated funds to
accomplish the purposes of this chapter. [1991 c 3 § 171;
1983 c 71 § 3. Formerly RCW 18.72.400.]
18.71.420
18.71.910 Repeal—1909 c 192. All acts, or parts of
acts, in any wise conflicting with the provisions of this act,
are hereby repealed. [1909 c 192 § 22.]
18.71.910
18.71.920 Repeal—1957 c 60. All acts and parts of acts
to the extent that the same are in conflict herewith are hereby
repealed. [1957 c 60 § 6.]
18.71.920
18.71.930 Severability—1957 c 60. If any section, sentence, clause, or phrase of this act should be held to be invalid
or unconstitutional, the invalidity or unconstitutionality
thereof shall not affect the validity or constitutionality of any
other section, sentence, clause or phrase of this act. [1957 c
60 § 7.]
18.71.930
18.71.940 Severability—1961 c 284. If any section,
sentence, clause, or phrase of this act should be held to be
invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this act.
[1961 c 284 § 13.]
18.71.940
18.71.941 Severability—1975 1st ex.s. c 171. If any
section, sentence, clause, or phrase of this 1975 amendatory
act should be held to be invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this 1975 amendatory act. [1975 1st ex.s. c 171 §
19.]
18.71.941
[Title 18 RCW—page 188]
Chapter 18.71A
Chapter 18.71A RCW
PHYSICIAN ASSISTANTS
Sections
18.71A.005 Regulation of health care professions—Criteria.
18.71A.010 Definitions.
18.71A.020 Rules fixing qualifications and restricting practice—Applications—Discipline.
18.71A.025 Application of uniform disciplinary act.
18.71A.030 Limitations on practice.
18.71A.040 Commission approval required—Application—Fee—Discipline.
18.71A.045 Eligibility of foreign medical school graduates.
18.71A.050 Physician's liability, responsibility.
18.71A.060 Limitations on health care services.
18.71A.085 Acupuncture.
Reviser's note: Certain powers and duties of the department of licensing and the director of licensing transferred to the department of health and
the secretary of health. See RCW 43.70.220.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
18.71A.005
18.71A.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.71A.010
18.71A.010 Definitions. The definitions set forth in
this section apply throughout this chapter.
(1) "Physician assistant" means a person who is licensed
by the commission to practice medicine to a limited extent
only under the supervision of a physician as defined in chapter 18.71 RCW and who is academically and clinically prepared to provide health care services and perform diagnostic,
therapeutic, preventative, and health maintenance services.
(2) "Commission" means the medical quality assurance
commission.
(3) "Practice medicine" has the meaning defined in RCW
18.71.011.
(4) "Secretary" means the secretary of health or the secretary's designee.
(5) "Department" means the department of health. [1994
sp.s. c 9 § 318; 1990 c 196 § 1; 1988 c 113 § 1; 1975 1st ex.s.
c 190 § 1; 1971 ex.s. c 30 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1971 ex.s. c 30: "If any provision of this 1971 act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1971 ex.s. c 30 § 13.]
Medical quality assurance commission: Chapter 18.71 RCW.
18.71A.020
18.71A.020 Rules fixing qualifications and restricting practice—Applications—Discipline. (1) The commission shall adopt rules fixing the qualifications and the educational and training requirements for licensure as a physician
assistant or for those enrolled in any physician assistant training program. The requirements shall include completion of
an accredited physician assistant training program approved
by the commission and within one year successfully take and
pass an examination approved by the commission, if the
examination tests subjects substantially equivalent to the curriculum of an accredited physician assistant training program. An interim permit may be granted by the department of
health for one year provided the applicant meets all other
requirements. Physician assistants licensed by the board of
(2004 Ed.)
Physician Assistants
medical examiners, or the medical quality assurance commission as of July 1, 1999, shall continue to be licensed.
(2)(a) The commission shall adopt rules governing the
extent to which:
(i) Physician assistant students may practice medicine
during training; and
(ii) Physician assistants may practice after successful
completion of a physician assistant training course.
(b) Such rules shall provide:
(i) That the practice of a physician assistant shall be limited to the performance of those services for which he or she
is trained; and
(ii) That each physician assistant shall practice medicine
only under the supervision and control of a physician
licensed in this state, but such supervision and control shall
not be construed to necessarily require the personal presence
of the supervising physician or physicians at the place where
services are rendered.
(3) Applicants for licensure shall file an application with
the commission on a form prepared by the secretary with the
approval of the commission, detailing the education, training,
and experience of the physician assistant and such other
information as the commission may require. The application
shall be accompanied by a fee determined by the secretary as
provided in RCW 43.70.250 and 43.70.280. A surcharge of
twenty-five dollars per year shall be charged on each license
renewal or issuance of a new license to be collected by the
department and deposited into the impaired physician
account for physician assistant participation in the impaired
physician program. Each applicant shall furnish proof satisfactory to the commission of the following:
(a) That the applicant has completed an accredited physician assistant program approved by the commission and is
eligible to take the examination approved by the commission;
(b) That the applicant is of good moral character; and
(c) That the applicant is physically and mentally capable
of practicing medicine as a physician assistant with reasonable skill and safety. The commission may require an applicant to submit to such examination or examinations as it
deems necessary to determine an applicant's physical or mental capability, or both, to safely practice as a physician assistant.
(4) The commission may approve, deny, or take other
disciplinary action upon the application for license as provided in the Uniform Disciplinary Act, chapter 18.130 RCW.
The license shall be renewed as determined under RCW
43.70.250 and 43.70.280. The commission may authorize the
use of alternative supervisors who are licensed either under
chapter 18.57 or 18.71 RCW. [1999 c 127 § 1; 1998 c 132 §
14; 1996 c 191 § 57; 1994 sp.s. c 9 § 319; 1993 c 28 § 5; 1992
c 28 § 2; 1990 c 196 § 2; 1971 ex.s. c 30 § 2.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71A.025
18.71A.025 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
the issuance and denial of licenses and the discipline of licensees under this chapter. [1986 c 259 § 106.]
Severability—1986 c 259: See note following RCW 18.130.010.
(2004 Ed.)
18.71A.050
18.71A.030
18.71A.030 Limitations on practice. A physician
assistant may practice medicine in this state only with the
approval of the practice arrangement plan by the commission
and only to the extent permitted by the commission. A physician assistant who has received a license but who has not
received commission approval of the practice arrangement
plan under RCW 18.71A.040 may not practice. A physician
assistant shall be subject to discipline under chapter 18.130
RCW. [1994 sp.s. c 9 § 320; 1993 c 28 § 6; 1990 c 196 § 3;
1971 ex.s. c 30 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71A.040
18.71A.040 Commission approval required—Application—Fee—Discipline. (1) No physician assistant practicing in this state shall be employed or supervised by a physician or physician group without the approval of the commission.
(2) Prior to commencing practice, a physician assistant
licensed in this state shall apply to the commission for permission to be employed or supervised by a physician or physician group. The practice arrangement plan shall be jointly
submitted by the physician or physician group and physician
assistant. Administrative procedures, administrative requirements, and fees shall be established as provided in RCW
43.70.250 and 43.70.280. The practice arrangement plan
shall delineate the manner and extent to which the physician
assistant would practice and be supervised. Whenever a physician assistant is practicing in a manner inconsistent with the
approved practice arrangement plan, the commission may
take disciplinary action under chapter 18.130 RCW. [1996 c
191 § 58; 1996 c 191 § 40; 1994 sp.s. c 9 § 321; 1993 c 28 §
7; 1990 c 196 § 4. Prior: 1986 c 259 § 113; 1985 c 7 § 61;
1975 1st ex.s. c 30 § 64; 1975 1st ex.s. c 190 § 2; 1971 ex.s.
c 30 § 4.]
Reviser's note: This section was amended by 1996 c 191 § 40 and by
1996 c 191 § 58, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71A.045
18.71A.045 Eligibility of foreign medical school
graduates. Foreign medical school graduates shall not be
eligible for licensing as physician assistants after July 1,
1989. [1994 sp.s. c 9 § 322; 1988 c 113 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71A.050
18.71A.050 Physician's liability, responsibility. No
physician who supervises a licensed physician assistant in
accordance with and within the terms of any permission
granted by the commission is considered as aiding and abetting an unlicensed person to practice medicine. The supervising physician and physician assistant shall retain professional
and personal responsibility for any act which constitutes the
practice of medicine as defined in RCW 18.71.011 when performed by the physician assistant. [1994 sp.s. c 9 § 323; 1993
c 28 § 8; 1990 c 196 § 5; 1986 c 259 § 114; 1971 ex.s. c 30 §
5.]
[Title 18 RCW—page 189]
18.71A.060
Title 18 RCW: Businesses and Professions
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.73.910
Effective dates—1973 1st ex.s. c 208.
18.71A.060 Limitations on health care services. No
health care services may be performed under this chapter in
any of the following areas:
(1) The measurement of the powers or range of human
vision, or the determination of the accommodation and
refractive state of the human eye or the scope of its functions
in general, or the fitting or adaptation of lenses or frames for
the aid thereof.
(2) The prescribing or directing the use of, or using, any
optical device in connection with ocular exercises, visual
training, vision training, or orthoptics.
(3) The prescribing of contact lenses for, or the fitting or
adaptation of contact lenses to, the human eye.
(4) Nothing in this section shall preclude the performance of routine visual screening.
(5) The practice of dentistry or dental hygiene as defined
in chapters 18.32 and 18.29 RCW respectively. The exemptions set forth in RCW 18.32.030 (1) and (8), shall not apply
to a physician assistant.
(6) The practice of chiropractic as defined in chapter
18.25 RCW including the adjustment or manipulation of the
articulations of the spine.
(7) The practice of podiatric medicine and surgery as
defined in chapter 18.22 RCW. [1994 sp.s. c 9 § 324; 1990 c
196 § 6; 1973 c 77 § 21; 1971 ex.s. c 30 § 6.]
Natural death act and futile treatment: RCW 43.70.480.
AIDS education and training: Chapter 70.24 RCW.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
18.71A.060
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71A.085 Acupuncture. Any physician assistant
acupuncturist currently licensed by the commission may continue to perform acupuncture under the physician assistant
license as long as he or she maintains licensure as a physician
assistant. [1994 sp.s. c 9 § 325; 1990 c 196 § 10.]
18.71A.085
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Poison information centers: Chapter 18.76 RCW.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.73.005
18.73.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.73.010
18.73.010 Legislative finding. The legislature finds
that a statewide program of emergency medical care is necessary to promote the health, safety, and welfare of the citizens
of this state. The intent of the legislature is to assure minimum standards and training for first responders and emergency medical technicians, and minimum standards for
ambulance services, ambulances, aid vehicles, aid services,
and emergency medical equipment. [1990 c 269 § 22; 1988
c 104 § 2; 1987 c 214 § 1; 1973 1st ex.s. c 208 § 1.]
Severability—1990 c 269: See RCW 70.168.901.
18.73.020
18.73.020 Supersession of local regulation. The legislature further declares its intention to supersede all ordinances, regulations, and requirements promulgated by counties, cities and other political subdivisions of the state of
Washington, insofar as they may provide for the regulation of
emergency medical care, first aid, and ambulance services
which do not exceed the provisions of this chapter; except
that (1) license fees established in this chapter shall supersede
all license fees of counties, cities and other political subdivisions of this state; and, (2) nothing in this chapter shall alter
the provisions of RCW 18.71.200, 18.71.210, and 18.71.220.
[1986 c 259 § 118; 1973 1st ex.s. c 208 § 2.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.73.030
Chapter 18.73
Chapter 18.73 RCW
EMERGENCY MEDICAL CARE AND
TRANSPORTATION SERVICES
Sections
18.73.005
18.73.010
18.73.020
18.73.030
18.73.040
18.73.050
18.73.081
18.73.101
18.73.120
18.73.130
18.73.140
18.73.145
18.73.150
18.73.170
18.73.180
18.73.190
18.73.200
18.73.240
18.73.250
18.73.900
18.73.901
Regulation of health care professions—Criteria.
Legislative finding.
Supersession of local regulation.
Definitions.
Emergency medical services licensing and certification advisory committee.
Committee—Duties—Review of rules.
Duties of secretary—Minimum requirements to be prescribed.
Variance from requirements.
Certificate of advanced first aid qualification.
Ambulance services and aid services—Licensing.
Ambulance and aid vehicles—Licenses.
Ambulance and aid vehicles—Self-inspection program.
Ambulance personnel requirements.
Aid vehicles—Personnel—Use.
Other transportation vehicles.
Violations—Penalties.
Administrative procedure act applicable.
Application of uniform disciplinary act.
Epinephrine—Availability—Administration.
Severability—1973 1st ex.s. c 208.
Severability—1987 c 214.
[Title 18 RCW—page 190]
18.73.030 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as used in this chapter shall have the meanings indicated.
(1) "Secretary" means the secretary of the department of
health.
(2) "Department" means the department of health.
(3) "Committee" means the emergency medical services
licensing and certification advisory committee.
(4) "Ambulance" means a ground or air vehicle designed
and used to transport the ill and injured and to provide personnel, facilities, and equipment to treat patients before and
during transportation.
(5) "Aid vehicle" means a vehicle used to carry aid
equipment and individuals trained in first aid or emergency
medical procedure.
(6) "Emergency medical technician" means a person
who is authorized by the secretary to render emergency medical care pursuant to RCW 18.73.081.
(7) "Ambulance service" means an organization that
operates one or more ambulances.
(2004 Ed.)
Emergency Medical Care and Transportation Services
(8) "Aid service" means an organization that operates
one or more aid vehicles.
(9) "Emergency medical service" means medical treatment and care which may be rendered at the scene of any
medical emergency or while transporting any patient in an
ambulance to an appropriate medical facility, including
ambulance transportation between medical facilities.
(10) "Communications system" means a radio and landline network which provides rapid public access, coordinated
central dispatching of services, and coordination of personnel, equipment, and facilities in an emergency medical services and trauma care system.
(11) "Prehospital patient care protocols" means the written procedure adopted by the emergency medical services
medical program director which direct the out-of-hospital
emergency care of the emergency patient which includes the
trauma care patient. These procedures shall be based upon the
assessment of the patient's medical needs and what treatment
will be provided for emergency conditions. The protocols
shall meet or exceed statewide minimum standards developed by the department in rule as authorized in chapter
70.168 RCW.
(12) "Patient care procedures" means written operating
guidelines adopted by the regional emergency medical services and trauma care council, in consultation with the local
emergency medical services and trauma care councils, emergency communication centers, and the emergency medical
services medical program director, in accordance with statewide minimum standards. The patient care procedures shall
identify the level of medical care personnel to be dispatched
to an emergency scene, procedures for triage of patients, the
level of trauma care facility to first receive the patient, and
the name and location of other trauma care facilities to
receive the patient should an interfacility transfer be necessary. Procedures on interfacility transfer of patients shall be
consistent with the transfer procedures in chapter 70.170
RCW.
(13) "Emergency medical services medical program
director" means a person who is an approved medical program director as defined by RCW 18.71.205(4).
(14) "Council" means the local or regional emergency
medical services and trauma care council as authorized under
chapter 70.168 RCW.
(15) "Basic life support" means noninvasive emergency
medical services requiring basic medical treatment skills as
defined in chapter 18.73 RCW.
(16) "Advanced life support" means invasive emergency
medical services requiring advanced medical treatment skills
as defined by chapter 18.71 RCW.
(17) "First responder" means a person who is authorized
by the secretary to render emergency medical care as defined
by RCW 18.73.081. [2000 c 93 § 16; 1990 c 269 § 23; 1988
c 104 § 3; 1987 c 214 § 2; 1983 c 112 § 5; 1979 ex.s. c 261 §
1; 1973 1st ex.s. c 208 § 3.]
Severability—1990 c 269: See RCW 70.168.901.
18.73.040
18.73.040 Emergency medical services licensing and
certification advisory committee. There is created an emergency medical services licensing and certification advisory
committee of eleven members to be appointed by the depart(2004 Ed.)
18.73.081
ment. Members of the committee shall be composed of a balance of physicians, one of whom is an emergency medical
services medical program director, and individuals regulated
under RCW 18.71.205 and 18.73.081, an administrator from
a city or county emergency medical services system, a member of the emergency medical services and trauma care steering committee, and one consumer. All members except the
consumer shall be knowledgeable in specific and general
aspects of emergency medical services. Members shall be
appointed for a period of three years. The terms of those
members representing the same field shall not expire at the
same time.
The committee shall elect a chairman and a vice chairman whose terms of office shall be for one year each. The
chairman shall be ineligible for reelection after serving four
consecutive terms.
The committee shall meet on call by the secretary or the
chairman.
All appointive members of the committee, in the performance of their duties, may be entitled to receive travel
expenses as provided in RCW 43.03.050 and 43.03.060 as
now existing or hereafter amended. [1990 c 269 § 6; 1984 c
279 § 55; 1981 c 338 § 13; 1979 ex.s. c 261 § 2; 1975-'76 2nd
ex.s. c 34 § 43; 1973 1st ex.s. c 208 § 4.]
Severability—1990 c 269: See RCW 70.168.901.
Severability—1984 c 279: See RCW 18.130.901.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.73.050
18.73.050 Committee—Duties—Review of rules. The
emergency medical services licensing and certification advisory committee shall:
(1) Review all administrative rules pertaining to licensing and certification of emergency medical services proposed
for adoption by the department under this chapter or under
RCW 18.71.205 and advise the department of its recommendations.
(2) Assist the department, at the department's request, to
fulfill any duty or exercise any power under this chapter pertaining to emergency medical services licensing and certification. [1990 c 269 § 7; 1987 c 214 § 3; 1979 ex.s. c 261 § 3;
1973 1st ex.s. c 208 § 5.]
Severability—1990 c 269: See RCW 70.168.901.
18.73.081
18.73.081 Duties of secretary—Minimum requirements to be prescribed. In addition to other duties prescribed by law, the secretary shall:
(1) Prescribe minimum requirements for:
(a) Ambulance, air ambulance, and aid vehicles and
equipment;
(b) Ambulance and aid services; and
(c) Minimum emergency communication equipment;
(2) Adopt procedures for services that fail to perform in
accordance with minimum requirements;
(3) Prescribe minimum standards for first responder and
emergency medical technician training including:
(a) Adoption of curriculum and period of certification;
(b) Procedures for certification, recertification, decertification, or modification of certificates;
[Title 18 RCW—page 191]
18.73.101
Title 18 RCW: Businesses and Professions
(c) Adoption of requirements for ongoing training and
evaluation, as approved by the county medical program
director, to include appropriate evaluation for individual
knowledge and skills. The first responder, emergency medical technician, or emergency medical services provider
agency may elect a program of continuing education and a
written and practical examination instead of meeting the
ongoing training and evaluation requirements;
(d) Procedures for reciprocity with other states or
national certifying agencies;
(e) Review and approval or disapproval of training programs; and
(f) Adoption of standards for numbers and qualifications
of instructional personnel required for first responder and
emergency medical technician training programs;
(4) Prescribe minimum requirements for liability insurance to be carried by licensed services except that this
requirement shall not apply to public bodies; and
(5) Certify emergency medical program directors. [1993
c 254 § 1; 1990 c 269 § 24; 1988 c 111 § 1; 1987 c 214 § 7.]
Severability—1990 c 269: See RCW 70.168.901.
18.73.101
18.73.101 Variance from requirements. The secretary
may grant a variance from a provision of this chapter and
RCW 18.71.200 through 18.71.220 if no detriment to health
and safety would result from the variance and compliance is
expected to cause reduction or loss of existing emergency
medical services. Variances may be granted for a period of no
more than one year. A variance may be renewed by the secretary upon approval of the committee. [2000 c 93 § 17; 1987
c 214 § 9.]
18.73.120
18.73.120 Certificate of advanced first aid qualification. The secretary shall recognize a current certificate of
advanced first aid qualification for those who provide proof
of advanced Red Cross training or its equivalent. [1979 ex.s.
c 261 § 12; 1973 1st ex.s. c 208 § 12.]
tently complied with the regulations of the department and
the department of licensing and provided also that the needs
of the area served have been met satisfactorily. The license
shall not be transferable and may be revoked if the service is
found in violation of rules adopted by the department. [2000
c 93 § 18; 1992 c 128 § 2; 1990 c 269 § 25; 1987 c 214 § 10;
1979 ex.s. c 261 § 13; 1979 c 158 § 61; 1973 1st ex.s. c 208 §
13.]
Severability—1990 c 269: See RCW 70.168.901.
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.140
18.73.140 Ambulance and aid vehicles—Licenses.
The secretary shall issue an ambulance or aid vehicle license
for each vehicle so designated. The license shall be for a
period of two years and may be reissued on expiration if the
vehicle and its equipment meet requirements in force at the
time of expiration of the license period. The license may be
revoked if the ambulance or aid vehicle is found to be operating in violation of the regulations promulgated by the department or without required equipment. The license shall be terminated automatically if the vehicle is sold or transferred to
the control of any organization not currently licensed as an
ambulance or aid vehicle service. The license number shall
be prominently displayed on each vehicle. [2000 c 93 § 19;
1992 c 128 § 3; 1987 c 214 § 11; 1979 ex.s. c 261 § 14; 1973
1st ex.s. c 208 § 14.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.145
18.73.145 Ambulance and aid vehicles—Self-inspection program. The secretary shall adopt a self-inspection
program to assure compliance with minimum standards for
vehicles and for medical equipment and personnel on all
licensed vehicles. The self-inspection shall coincide with the
vehicle licensing cycle and shall be recorded on forms provided by the department. The department may perform an onsite inspection of any licensed service or vehicles as needed.
[1987 c 214 § 13.]
18.73.130
18.73.130 Ambulance services and aid services—
Licensing. An ambulance service or aid service may not
operate in the state of Washington without holding a license
for such operation, issued by the secretary when such operation is consistent with the statewide and regional emergency
medical services and trauma care plans established pursuant
to chapter 70.168 RCW, indicating the general area to be
served and the number of vehicles to be used, with the following exceptions:
(1) The United States government;
(2) Ambulance services providing service in other states
when bringing patients into this state;
(3) Owners of businesses in which ambulance or aid
vehicles are used exclusively on company property but occasionally in emergencies may transport patients to hospitals
not on company property; and
(4) Operators of vehicles pressed into service for transportation of patients in emergencies when licensed ambulances are not available or cannot meet overwhelming
demand.
The license shall be valid for a period of two years and
shall be renewed on request provided the holder has consis[Title 18 RCW—page 192]
18.73.150
18.73.150 Ambulance personnel requirements. Any
ambulance operated as such shall operate with sufficient personnel for adequate patient care, at least one of whom shall be
an emergency medical technician under standards promulgated by the secretary. The emergency medical technician
shall have responsibility for its operation and for the care of
patients both before they are placed aboard the vehicle and
during transit. If there are two or more emergency medical
technicians operating the ambulance, a nondriving medical
technician shall be in command of the vehicle. The emergency medical technician in command of the vehicle shall be
in the patient compartment and in attendance to the patient.
The driver of the ambulance shall have at least a certificate of advance first aid qualification recognized by the secretary pursuant to RCW 18.73.120 unless there are at least
two certified emergency medical technicians in attendance of
the patient, in which case the driver shall not be required to
have such certificate. [1992 c 128 § 4; 1979 ex.s. c 261 § 15;
1973 1st ex.s. c 208 § 15.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
(2004 Ed.)
Physical Therapy
18.73.170
18.73.170 Aid vehicles—Personnel—Use. The aid
vehicle shall be operated in accordance with standards promulgated by the secretary, by at least one person holding a
certificate recognized under RCW 18.73.120.
The aid vehicle may be used for transportation of
patients only when it is impossible or impractical to obtain an
ambulance or when a wait for arrival of an ambulance would
place the life of the patient in jeopardy. If so used, the vehicle
shall be under the command of a person holding a certificate
recognized pursuant to RCW 18.73.081 other than the driver.
[1987 c 214 § 12; 1979 ex.s. c 261 § 17; 1973 1st ex.s. c 208
§ 17.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.180
18.73.180 Other transportation vehicles. Other vehicles not herein defined by this chapter shall not be used for
transportation of patients who must be carried on a stretcher
or who may require medical attention en route, except that
such transportation may be used when a disaster creates a situation that cannot be served by licensed ambulances. [1987
c 214 § 14; 1979 ex.s. c 261 § 18; 1973 1st ex.s. c 208 § 18.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.190
18.73.190 Violations—Penalties. Any person who violates any of the provisions of this chapter and for which a
penalty is not provided shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any
sum not exceeding one hundred dollars for each day of the
violation, or may be imprisoned in the county jail not exceeding six months. [1987 c 214 § 15; 1973 1st ex.s. c 208 § 19.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.200
18.73.200 Administrative procedure act applicable.
The administrative procedure act, chapter 34.05 RCW, shall
wherever applicable govern the rights, remedies, and procedures respecting the administration of this chapter. [1973 1st
ex.s. c 208 § 21.]
18.73.240
18.73.240 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, shall
govern the issuance and denial of credentials, unauthorized
practice, and the discipline of persons credentialed under this
chapter. The secretary shall act as the disciplinary authority
under this chapter. Disciplinary action shall be initiated
against a person credentialed under this chapter in a manner
consistent with the responsibilities and duties of the medical
program director under whom such person is responsible.
[1992 c 128 § 5.]
Chapter 18.74
(b) Upon the request of a person who presents written
authorization from the patient or his or her parent or guardian
making such a request.
(2) Any emergency medical technician, emergency medical service, or medical program director acting in good faith
and in compliance with the provisions of this section shall not
be liable for any civil damages arising out of the furnishing or
administration of epinephrine.
(3) Nothing in this section authorizes the administration
of epinephrine by a first responder. [2001 c 24 § 1; 1999 c
337 § 4.]
Findings—Purpose—1999 c 337: "The legislature finds that allergies
are a serious medical disorder that affect more than one in five persons in the
United States and are the sixth leading cause of chronic disease. Anaphylaxis
is the most severe form of allergic reaction. Rapid and appropriate administration of the drug epinephrine to a patient suffering an anaphylaxis allergic
reaction may make the difference between the life and death of that patient.
The legislature further finds that some situations may arise when the administration of epinephrine by an emergency medical technician is required to
save a person's life and that it is paramount that these valuable emergency
response personnel receive the appropriate training on the use of epinephrine
to treat anaphylaxis.
It is the purpose of chapter 337, Laws of 1999 to investigate the rate of
anaphylaxis statewide and the training and care standards needed to allow
emergency medical technicians to administer life saving epinephrine."
[1999 c 337 § 1.]
Effective dates—1999 c 337: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 1999], except for section 4 of this act which takes effect January 1,
2000." [1999 c 337 § 5.]
Short title—1999 c 337: "This act may be known and cited as the Kristine Kastner Act." [1999 c 337 § 6.]
18.73.900
18.73.900 Severability—1973 1st ex.s. c 208. If any
provision of this 1973 act, or the application thereof to any
person or circumstance is held invalid, this invalidity shall
not affect other provisions or applications of the act which
can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to
be severable. [1973 1st ex.s. c 208 § 20.]
18.73.901
18.73.901 Severability—1987 c 214. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 214 § 26.]
18.73.910
18.73.910 Effective dates—1973 1st ex.s. c 208. The
provisions of sections 1 through 8, inclusive, 11, 12, 20, 21,
22, and 23 of this 1973 act shall take effect on July 1, 1973.
The provisions of sections 9, 10, and 13 through 19, inclusive, shall take effect on January 1, 1976. [1973 1st ex.s. c
208 § 22.]
18.73.250
18.73.250 Epinephrine—Availability—Administration. (1) All of the state's ambulance and aid services shall
make epinephrine available to their emergency medical technicians in their emergency care supplies. The emergency
medical technician may administer epinephrine to a patient of
any age upon the presentation of evidence of a prescription
for epinephrine or to a patient under eighteen years of age:
(a) Upon the request of the patient or his or her parent or
guardian; or
(2004 Ed.)
Chapter 18.74
Chapter 18.74 RCW
PHYSICAL THERAPY
Sections
18.74.003
18.74.005
18.74.010
18.74.012
18.74.015
Regulation of health care professions—Criteria.
Purpose.
Definitions.
Consultation with health care practitioner not required for certain treatments.
Referral to health care practitioners—When required.
[Title 18 RCW—page 193]
18.74.003
18.74.020
18.74.023
18.74.025
18.74.027
18.74.029
18.74.030
18.74.035
18.74.040
18.74.050
18.74.060
18.74.065
18.74.070
18.74.073
18.74.075
18.74.085
18.74.090
18.74.095
18.74.120
18.74.125
18.74.130
18.74.135
18.74.140
18.74.900
18.74.910
18.74.911
Title 18 RCW: Businesses and Professions
Board created—Members—Staff assistance—Compensation
and travel expenses.
Board—Powers and duties.
Standards for appropriateness of physical therapy care—Violation.
Board—Officers—Meetings—Quorum.
Application of Uniform Disciplinary Act.
Qualifications of applicants.
Examinations—Scope—Time and place.
Licenses.
Licenses—Fees.
Licensure by endorsement.
Licenses—Issuance to persons licensed or registered before
July 24, 1983.
Renewal of license.
Licenses—Inactive status—Fees.
Interim permits.
Advertising of spinal manipulation or mobilization prohibited.
False advertising—Use of name and words—License
required—Prosecutions of violations.
False advertising—Injunctions.
Record of proceedings—Register.
Construction of chapter—Activities not prohibited—Use of
letters or words in connection with name.
Exemptions.
Insurance coverage and benefits not required or regulated.
Practice setting not restricted.
Severability—1949 c 239.
Severability—1961 c 64.
Severability—1983 c 116.
articulations, are not included under the term "physical therapy" as used in this chapter.
(4) "Physical therapist" means a person who practices
physical therapy as defined in this chapter but does not
include massage operators as defined in RCW 18.108.010.
(5) "Secretary" means the secretary of health.
(6) Words importing the masculine gender may be
applied to females.
(7) "Authorized health care practitioner" means and
includes licensed physicians, osteopathic physicians, chiropractors, naturopaths, podiatric physicians and surgeons,
dentists, and advanced registered nurse practitioners: PROVIDED, HOWEVER, That nothing herein shall be construed
as altering the scope of practice of such practitioners as
defined in their respective licensure laws. [1997 c 275 § 8;
1991 c 12 § 1; (1991 c 3 §§ 172, 173 repealed by 1991 sp.s. c
11 § 2); (1990 c 297 § 17 repealed by 1991 c 12 § 6); 1988 c
185 § 1; 1983 c 116 § 2; 1961 c 64 § 1; 1949 c 239 § 1; Rem.
Supp. 1949 § 10163-1.]
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
Effective dates—1991 c 12 §§ 1, 2, 3, 6: "(1) Sections 1, 2, and 6 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1991.
(2) Section 3 of this act shall take effect January 1, 1992." [1991 c 12
§ 7.]
Lien of doctors: Chapter 60.44 RCW.
Number and gender: RCW 1.12.050.
18.74.003
18.74.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.74.005
18.74.005 Purpose. In order to safeguard the public
safety and welfare, to protect the public from being misled by
incompetent, unethical, and unauthorized persons, and to
assure the highest degree of professional conduct and competency, it is the purpose of this chapter to strengthen existing
regulation of persons offering physical therapy services to the
public. [1983 c 116 § 1.]
18.74.010
18.74.010 Definitions. Unless the context otherwise
requires, the definitions in this section apply throughout this
chapter.
(1) "Board" means the board of physical therapy created
by RCW 18.74.020.
(2) "Department" means the department of health.
(3) "Physical therapy" means the treatment of any bodily
or mental condition of any person by the use of the physical,
chemical, and other properties of heat, cold, air, light, water,
electricity, sound, massage, and therapeutic exercise, which
includes posture and rehabilitation procedures; the performance of tests and measurements of neuromuscular function
as an aid to the diagnosis or treatment of any human condition; performance of treatments on the basis of test findings
after consultation with and periodic review by an authorized
health care practitioner except as provided in RCW
18.74.012; supervision of selective forms of treatment by
trained supportive personnel; and provision of consultative
services for health, education, and community agencies. The
use of Roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for surgical purposes,
including cauterization, and the use of spinal manipulation or
manipulative mobilization of the spine and its immediate
[Title 18 RCW—page 194]
18.74.012
18.74.012 Consultation with health care practitioner
not required for certain treatments. Notwithstanding the
provisions of RCW 18.74.010(3), a consultation and periodic
review by an authorized health care practitioner is not
required for treatment of neuromuscular or musculoskeletal
conditions: PROVIDED, That a physical therapist may only
provide treatment utilizing orthoses that support, align, prevent, or correct any structural problems intrinsic to the foot or
ankle by referral or consultation from an authorized health
care practitioner. [2000 c 171 § 24; 1991 c 12 § 2; 1990 c 297
§ 19; 1988 c 185 § 2.]
Effective dates—1991 c 12 §§ 1, 2, 3, 6: See note following RCW
18.74.010.
18.74.015
18.74.015 Referral to health care practitioners—
When required. (1) Physical therapists shall refer persons
under their care to authorized health care practitioners if they
have reasonable cause to believe symptoms or conditions are
present which require services beyond the scope of their practice or for which physical therapy is contraindicated.
(2) A violation of this section is unprofessional conduct
under this chapter and chapter 18.130 RCW. [1988 c 185 §
3.]
18.74.020
18.74.020 Board created—Members—Staff assistance—Compensation and travel expenses. The state
board of physical therapy is hereby created. The board shall
consist of five members who shall be appointed by the governor. Of the initial appointments, two shall be appointed for a
term of two years, two for a term of three years, and one for a
term of four years. Thereafter, all appointments shall be for
terms of four years. Four members of the board shall be physical therapists licensed under this chapter and residing in this
state, shall have not less than five years' experience in the
(2004 Ed.)
Physical Therapy
practice of physical therapy, and shall be actively engaged in
practice within two years of appointment. The fifth member
shall be appointed from the public at large, shall have an
interest in the rights of consumers of health services, and
shall not be or have been a member of any other licensing
board, a licensee of any health occupation board, an
employee of any health facility nor derive his or her primary
livelihood from the provision of health services at any level
of responsibility. In the event that a member of the board for
any reason cannot complete his or her term of office, another
appointment shall be made by the governor in accordance
with the procedure stated above to fill the remainder of the
term. No member may serve for more than two successive
four-year terms.
The secretary of health shall furnish such secretarial,
clerical and other assistance as the board may require. Each
member of the board shall, in addition to travel expenses in
accordance with RCW 43.03.050 and 43.03.060, be compensated in accordance with RCW 43.03.240. [1991 c 3 § 174;
1984 c 287 § 46; 1983 c 116 § 3; 1979 c 158 § 62; 1975-'76
2nd ex.s. c 34 § 44; 1949 c 239 § 2; Rem. Supp. 1949 §
10163-2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—Effective date—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.74.023 Board—Powers and duties. The board has
the following powers and duties:
(1) To develop and administer, or approve, or both,
examinations to applicants for a license under this chapter.
(2) To pass upon the qualifications of applicants for a
license and to certify to the secretary duly qualified applicants.
(3) To make such rules not inconsistent with the laws of
this state as may be deemed necessary or proper to carry out
the purposes of this chapter.
(4) To establish and administer requirements for continuing competency, which shall be a prerequisite to renewing a license under this chapter.
(5) To keep an official record of all its proceedings,
which record shall be evidence of all proceedings of the
board which are set forth therein.
(6) To adopt rules not inconsistent with the laws of this
state, when it deems appropriate, in response to questions put
to it by professional health associations, physical therapists,
and consumers in this state concerning the authority of physical therapists to perform particular acts.
(7) To adopt rules to define and specify the education
and training requirements for physical therapist assistants and
physical therapy aides. [1995 c 299 § 1; 1995 c 198 § 9.
Prior: 1991 c 12 § 3; 1991 c 3 § 175; 1986 c 259 § 124; 1983
c 116 § 4.]
18.74.023
Reviser's note: This section was amended by 1995 c 198 § 9 and by
1995 c 299 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates—1991 c 12 §§ 1, 2, 3, 6: See note following RCW
18.74.010.
Severability—1986 c 259: See note following RCW 18.130.010.
(2004 Ed.)
18.74.035
18.74.025
18.74.025 Standards for appropriateness of physical
therapy care—Violation. Pursuant to the board's power in
RCW 18.74.023(3), the board is directed to adopt rules relating to standards for appropriateness of physical therapy care.
Violation of the standards adopted by rule under this section
is unprofessional conduct under this chapter and chapter
18.130 RCW. [1991 c 12 § 5.]
18.74.027
18.74.027 Board—Officers—Meetings—Quorum.
The board shall elect from its members a chairperson and
vice chairperson-secretary, who shall serve for one year and
until their successors are elected. The board shall meet at
least once a year and upon the call of the chairperson at such
times and places as the chairperson designates. Three members constitute a quorum of the full board for the transaction
of any business. Meetings of the board shall be open and public, except the board may hold executive sessions to the
extent permitted by chapter 42.30 RCW. [1983 c 116 § 5.]
18.74.029
18.74.029 Application of Uniform Disciplinary Act.
The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses
and interim permits, and the discipline of licensees and holders of interim permits under this chapter. [1993 c 133 § 2;
1987 c 150 § 47; 1986 c 259 § 123.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.74.030
18.74.030 Qualifications of applicants. An applicant
for a license as a physical therapist shall have the following
minimum qualifications:
(1) Be of good moral character; and
(2) Have obtained either (a) a baccalaureate degree in
physical therapy from an institution of higher learning
approved by the board or (b) a baccalaureate degree from an
institution of higher learning and a certificate or advanced
degree from a school of physical therapy approved by the
board.
The applicant shall present proof of qualification to the
board in the manner and on the forms prescribed by it. [1983
c 116 § 6; 1961 c 64 § 2; 1949 c 239 § 3; Rem. Supp. 1949 §
10163-3.]
18.74.035
18.74.035 Examinations—Scope—Time and place.
All qualified applicants for a license as a physical therapist
shall be examined by the board at such time and place as the
board may determine. The board may approve an examination prepared or administered by a private testing agency or
association of licensing authorities. The examination shall
embrace the following subjects: The applied sciences of
anatomy, neuroanatomy, kinesiology, physiology, pathology,
psychology, physics; physical therapy, as defined in this
chapter, applied to medicine, neurology, orthopedics, pediatrics, psychiatry, surgery; medical ethics; technical procedures in the practice of physical therapy as defined in this
chapter; and such other subjects as the board may deem useful to test the applicant's fitness to practice physical therapy,
but not including the adjustment or manipulation of the spine
or use of a thrusting force as mobilization. Examinations
shall be held within the state at least once a year, at such time
[Title 18 RCW—page 195]
18.74.040
Title 18 RCW: Businesses and Professions
and place as the board shall determine. An applicant who
fails an examination may apply for reexamination upon payment of a reexamination fee determined by the secretary.
[1995 c 198 § 10; 1991 c 3 § 176; 1983 c 116 § 7; 1961 c 64
§ 3.]
18.74.040
18.74.040 Licenses. The secretary of health shall
license as a physical therapist, and shall furnish a license to
each applicant who successfully passes the examination for
licensure as a physical therapist. [1991 c 3 § 177; 1983 c 116
§ 8; 1949 c 239 § 4; Rem. Supp. 1949 § 10163-4.]
18.74.050
18.74.050 Licenses—Fees. The secretary shall furnish
a license upon the authority of the board to any person who
applies and who has qualified under the provisions of this
chapter. At the time of applying, the applicant shall comply
with administrative procedures, administrative requirements,
and fees established pursuant to RCW 43.70.250 and
43.70.280. No person registered or licensed on July 24, 1983,
as a physical therapist shall be required to pay an additional
fee for a license under this chapter. [1996 c 191 § 59; 1991 c
3 § 178; 1985 c 7 § 63; 1983 c 116 § 9; 1975 1st ex.s. c 30 §
65; 1961 c 64 § 4; 1949 c 239 § 5; Rem. Supp. 1949 §
10163-5.]
18.74.060
18.74.060 Licensure by endorsement. Upon the recommendation of the board, the secretary shall license as a
physical therapist and shall furnish a license to any person
who is a physical therapist registered or licensed under the
laws of another state or territory, or the District of Columbia,
if the qualifications for such registration or license required
of the applicant were substantially equal to the requirements
under this chapter. At the time of making application, the
applicant shall comply with administrative procedures,
administrative requirements, and fees established pursuant to
RCW 43.70.250 and 43.70.280. [1996 c 191 § 60; 1991 c 3 §
179; 1985 c 7 § 64; 1983 c 116 § 10; 1975 1st ex.s. c 30 § 66;
1961 c 64 § 5; 1949 c 239 § 6; Rem. Supp. 1949 § 10163-6.]
18.74.065
18.74.065 Licenses—Issuance to persons licensed or
registered before July 24, 1983. Any person holding a valid
license or certificate of registration to practice physical therapy issued by authority of this state prior to July 24, 1983,
shall be issued a license under this chapter. [1983 c 116 §
11.]
18.74.070
18.74.070 Renewal of license. Every licensed physical
therapist shall apply to the secretary for a renewal of the
license and pay to the state treasurer a fee determined by the
secretary as provided in RCW 43.70.250 and 43.70.280.
[1996 c 191 § 61; 1991 c 3 § 180; 1983 c 116 § 12; 1975 1st
ex.s. c 30 § 67; 1971 ex.s. c 266 § 13; 1961 c 64 § 6; 1949 c
239 § 7; Rem. Supp. 1949 § 10163-7.]
establish fees for alterations in license status. [1998 c 143 §
1.]
18.74.075
18.74.075 Interim permits. (1) The department, upon
approval by the board, shall issue an interim permit authorizing an applicant for licensure who meets the minimum
qualifications stated in RCW 18.74.030 to practice physical
therapy under graduate supervision pending notification of
the results of the first licensure examination for which the
applicant is eligible, but not to exceed six months.
(2) For purposes of this section, "graduate supervision"
means supervision of a holder of an interim permit by a
licensed physical therapist who is on the premises at all
times. Graduate supervision shall include consultation
regarding evaluation, treatment plan, treatment program, and
progress of each assigned patient at appropriate intervals and
be documented by cosignature of notes by the licensed physical therapist. RCW 18.74.012 is not applicable for holders of
interim permits.
(3) If the holder of the interim permit fails the examination, the permit expires upon notification and is not renewable. [1993 c 133 § 1.]
18.74.085
18.74.085 Advertising of spinal manipulation or
mobilization prohibited. (1) Physical therapists shall not
advertise that they perform spinal manipulation or manipulative mobilization of the spine.
(2) A violation of this section is unprofessional conduct
under this chapter and chapter 18.130 RCW. [1988 c 185 §
4.]
18.74.090
18.74.090 False advertising—Use of name and
words—License required—Prosecutions of violations. A
person who is not licensed with the secretary of health as a
physical therapist under the requirements of this chapter shall
not represent him or herself as being so licensed and shall not
use in connection with his or her name the words or letters
"P.T.", "R.P.T.", "L.P.T.", "physical therapy", "physiotherapy", "physical therapist" or "physiotherapist", or any other
letters, words, signs, numbers, or insignia indicating or
implying that he or she is a physical therapist. No person may
practice physical therapy without first having a valid license.
Nothing in this chapter prohibits any person licensed in this
state under any other act from engaging in the practice for
which he or she is licensed. It shall be the duty of the prosecuting attorney of each county to prosecute all cases involving a violation of this chapter arising within his or her county.
The attorney general may assist in such prosecution and shall
appear at all hearings when requested to do so by the board.
[1991 c 3 § 181; 1987 c 150 § 48; 1986 c 259 § 125; 1983 c
116 § 18; 1961 c 64 § 8; 1949 c 239 § 9; Rem. Supp. 1949 §
10163-9.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.74.073
18.74.073 Licenses—Inactive status—Fees. Any
physical therapist licensed under this chapter not practicing
physical therapy or providing services may place his or her
license in an inactive status. The board shall prescribe
requirements for maintaining an inactive status and converting from an inactive or active status. The secretary may
[Title 18 RCW—page 196]
False advertising: Chapter 9.04 RCW.
18.74.095
18.74.095 False advertising—Injunctions. If any person violates the provisions of this chapter, the attorney general, prosecuting attorney, the secretary, the board, or any citizen of the same county, may maintain an action in the name
(2004 Ed.)
Poison Information Centers
of the state to enjoin such person from practicing or holding
himself or herself out as practicing physical therapy. The
injunction shall not relieve criminal prosecution but the remedy by injunction shall be in addition to the liability of such
offender for criminal prosecution and the suspension or revocation of his or her license. [1991 c 3 § 182; 1983 c 116 § 19;
1961 c 64 § 9.]
18.74.120
18.74.120 Record of proceedings—Register. The secretary of health shall keep a record of proceedings under this
chapter and a register of all persons licensed under it. The
register shall show the name of every living licensed physical
therapist, his or her last known place of residence, and the
date and number of his or her license as a physical therapist.
[1991 c 3 § 183; 1983 c 116 § 21; 1979 c 158 § 63; 1977 c 75
§ 11; 1949 c 239 § 12; Rem. Supp. 1949 § 10163-12.]
18.74.125
18.74.125 Construction of chapter—Activities not
prohibited—Use of letters or words in connection with
name. Nothing in this chapter shall prohibit any person
licensed in this state under any other act from engaging in the
practice for which he is licensed. Nothing in this chapter shall
prohibit any person who, at any time prior to January 1, 1961
was practicing any healing or manipulative art in the state of
Washington and designating the same as physical therapy or
physiotherapy, from continuing to do so after the passage of
this amendatory act: PROVIDED, That no such person shall
represent himself as being registered and shall not use in connection with his name the words or letters "registered" or
"licensed" or "R.P.T." [1961 c 64 § 10.]
Reviser's note: The language "after the passage of this amendatory act"
refers to chapter 64, Laws of 1961 which passed the House March 1, 1961,
passed the Senate February 27, 1961, approved by the governor March 6,
1961, and became effective at midnight June 7, 1961.
18.76.010
controlling the utilization of physical therapy services by the
use of any type of gatekeeper function; nor shall it be construed to require or prohibit that individual or group policies
or contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits
or coverage for services and supplies provided by a person
licensed under this chapter. For the purpose of this chapter,
"gatekeeper function" means any provision in a contract
which establishes a threshold requirement, such as a recommendation from a case manager or a primary care provider,
which must be satisfied before a covered person is eligible to
receive benefits under the contract. [1988 c 185 § 5.]
18.74.140
18.74.140 Practice setting not restricted. Nothing in
this chapter restricts the ability of physical therapists to work
in the practice setting of their choice. [1991 c 12 § 4.]
18.74.900
18.74.900 Severability—1949 c 239. If any provision
of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of this chapter are declared to be
severable. [1949 c 239 § 13.]
18.74.910
18.74.910 Severability—1961 c 64. If any provision of
this amendatory act or the application thereof to any person
or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this amendatory act
which can be given effect without the invalid provision or
application, and to this end the provisions of this amendatory
act are declared to be severable. [1961 c 64 § 11.]
18.74.911
18.74.130
18.74.130 Exemptions. This chapter does not prohibit
or regulate:
(1) The practice of physical therapy by students enrolled
in approved schools as may be incidental to their course of
study so long as such activities do not go beyond the scope of
practice defined by this chapter.
(2) Auxiliary services provided by physical therapy
aides carrying out duties necessary for the support of physical
therapy including those duties which involve minor physical
therapy services when performed under the direct supervision
of licensed physical therapists so long as such activities do
not go beyond the scope of practice defined by this chapter.
(3) The practice of physical therapy by licensed or registered physical therapists of other states or countries while
appearing as clinicians of bona fide educational seminars
sponsored by physical therapy, medical, or other healing art
professional associations so long as such activities do not go
beyond the scope of practice defined by this chapter.
(4) The practice of physical therapists in the armed services or employed by any other branch of the federal government. [1983 c 116 § 22.]
18.74.135
18.74.135 Insurance coverage and benefits not
required or regulated. This chapter shall not be construed
to restrict the ability of any insurance entity regulated by Title
48 RCW, or any state agency or program from limiting or
(2004 Ed.)
18.74.911 Severability—1983 c 116. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 116 § 24.]
Chapter 18.76
Chapter 18.76 RCW
POISON INFORMATION CENTERS
Sections
18.76.010
18.76.020
18.76.030
18.76.041
18.76.050
18.76.060
18.76.070
18.76.080
18.76.090
18.76.100
18.76.110
18.76.900
Purpose.
Definitions.
Poison information center—Statewide program.
Consulting with other poison programs.
Rules and standards.
Poison center medical director—Poison information specialist—Certification required.
Immunity from liability.
Department to defend personnel.
Use of gifts and grants.
Certificate suspension—Nonpayment or default on educational loan or scholarship.
Certificate suspension—Noncompliance with support order—
Reissuance.
Severability—1987 c 214.
18.76.010
18.76.010 Purpose. The legislature finds that accidental and purposeful exposure to drugs, poisons, and toxic substances continues to be a severe health problem in the state of
Washington. It further finds that a significant reduction in the
[Title 18 RCW—page 197]
18.76.020
Title 18 RCW: Businesses and Professions
consequences of such accidental exposures has occurred as a
result of the services provided by poison information centers.
The purpose of this chapter is to reduce morbidity and
mortality associated with overdose and poisoning incidents
by providing emergency telephone assistance and treatment
referral to victims of such incidents, by providing immediate
treatment information to health care professionals, and public
education and prevention programs. Further, the purpose is to
improve utilization of drugs by providing information to
health professionals relating to appropriate therapeutic drug
use.
The legislature recognizes that enhanced cooperation
between the emergency medical system and poison control
centers will aid in responding to emergencies resulting from
exposure to drugs, poisons, and toxic substances, and that, by
providing telephone assistance to individuals with possible
exposure to these substances, the need for emergency room
and professional office visits will be reduced. As a result the
cost of health care to those who may have exposures to drugs,
poisons, and toxic substances will be avoided and appropriate
treatment will be assured. [1993 c 343 § 1; 1987 c 214 § 16;
1980 c 178 § 1. Formerly RCW 18.73.210.]
18.76.020
18.76.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Department" means the department of health.
(2) "Poison information center medical director" means a
person who: (a) Is licensed to practice medicine and surgery
under chapter 18.71 RCW or osteopathic medicine and surgery under chapter 18.57 RCW; (b) is certified by the secretary under standards adopted under RCW 18.76.050; and (c)
provides services enumerated under RCW 18.76.030, and is
responsible for supervision of poison information specialists.
(3) "Poison information specialist" means a person who
provides services enumerated under RCW 18.76.030 under
the supervision of a poison information center medical director and is certified by the secretary under standards adopted
under RCW 18.76.050.
(4) "Secretary" means the secretary of health. [1996 c
178 § 7; 1991 c 3 § 184; 1987 c 214 § 19.]
Effective date—1996 c 178: See note following RCW 18.35.110.
18.76.030
18.76.030 Poison information center—Statewide
program. The department shall, in a manner consistent with
this chapter, provide support for the statewide program of
poison and drug information services. These services shall,
no later than June 30, 1993, be centralized in and coordinated
by a single nonprofit center to be located in a place determined by the secretary. The services of this center shall be:
(1) Twenty-four hour emergency telephone management
and treatment referral of victims of poisoning and overdose
incidents, to include determining whether treatment can be
accomplished at the scene of the incident or transport to an
emergency treatment or other facility is required, and carrying out telephone follow-up to assure that adequate care is
provided;
(2) Providing information to health professionals
involved in management of poisoning and overdose victims;
[Title 18 RCW—page 198]
(3) Coordination and development of community education programs designed to inform the public and members of
the health professions of poison prevention and treatment
methods and to improve awareness of poisoning and overdose problems, occupational risks, and environmental exposures; and
(4) Coordination of outreach units whose primary functions shall be to inform the public about poison problems and
prevention methods, how to utilize the poison center, and
other toxicology issues. [1993 c 343 § 2; 1987 c 214 § 17;
1980 c 178 § 2. Formerly RCW 18.73.220.]
18.76.041
18.76.041 Consulting with other poison programs.
The department shall establish a system for consulting with
other state and local agency programs concerned with poisons and poisonings, incidents involving exposures to potentially poisonous substances, and other toxicological matters
to develop the most coordinated and consistent response to
such situations as is reasonably possible. [1993 c 343 § 3.]
18.76.050
18.76.050 Rules and standards. The secretary with the
advice of the emergency medical services and trauma care
steering committee established under RCW 18.73.050 shall
adopt rules, under chapter 34.05 RCW, prescribing:
(1) Standards for the operation of a poison information
center;
(2) Standards and procedures for certification, recertification and decertification of poison center medical directors
and poison information specialists; and
(3) Standards and procedures for reciprocity with other
states or national certifying agencies. [1990 c 269 § 21; 1987
c 214 § 20.]
Severability—1990 c 269: See RCW 70.168.901.
18.76.060
18.76.060 Poison center medical director—Poison
information specialist—Certification required. (1) A person may not act as a poison center medical director or perform the duties of poison information specialists of a poison
information center without being certified by the secretary
under this chapter.
(2) Notwithstanding subsection (1) of this section, if a
poison center medical director terminates certification or is
decertified, that poison center medical director's authority
may be delegated by the department to any other person
licensed to practice medicine and surgery under chapter
18.71 RCW or osteopathic medicine and surgery under chapter 18.57 RCW for a period of thirty days, or until a new poison center medical director is certified, whichever comes
first. [1996 c 178 § 8; 1993 c 343 § 4; 1987 c 214 § 21.]
Effective date—1996 c 178: See note following RCW 18.35.110.
18.76.070
18.76.070 Immunity from liability. (1) No act done or
omitted in good faith while performing duties as a poison
center medical director or poison information specialist of a
poison information center shall impose any liability on the
poison center, its officers, the poison center medical director,
the poison information specialist, or other employees.
(2) This section:
(a) Applies only to acts or omissions committed or omitted in the performance of duties which are within the area of
(2004 Ed.)
Nursing Care
responsibility and expertise of the poison center medical
director or poison information specialist.
(b) Does not relieve the poison center or any person from
any duty imposed by law for the designation or training of a
person certified under this chapter.
(c) Does not apply to any act or omission which constitutes gross negligence or wilful or wanton conduct. [1987 c
214 § 22.]
18.79.010
compliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.76.900
18.76.080
18.76.080 Department to defend personnel. The
department shall defend any poison center medical director
or poison information specialist for any act or omission subject to RCW 18.76.070. [1987 c 214 § 23.]
18.76.090
18.76.090 Use of gifts and grants. The center may
receive gifts, grants, and endowments from public or private
sources that may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the center and
spend gifts, grants, or endowments or any income from the
public or private sources according to their terms. [1993 c
343 § 5.]
18.76.100
18.76.100 Certificate suspension—Nonpayment or
default on educational loan or scholarship. The secretary
shall suspend the certificate of any person who has been certified by a lending agency and reported to the secretary for
nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the
suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person's certificate shall not be reissued until the person provides the secretary a written release issued by the lending agency stating that
the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements for
certification during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any reinstatement fee the secretary may impose. [1996 c 293 § 13.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.76.110
18.76.110 Certificate suspension—Noncompliance
with support order—Reissuance. The department shall
immediately suspend the certification of a poison center medical director or a poison information specialist who has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation order.
If the person has continued to meet all other requirements for
certification during the suspension, reissuance of the certification shall be automatic upon the department's receipt of a
release issued by the department of social and health services
stating that the person is in compliance with the order. [1997
c 58 § 825.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for non(2004 Ed.)
18.76.900 Severability—1987 c 214.
18.73.901.
Chapter 18.79
See RCW
Chapter 18.79 RCW
NURSING CARE
Sections
18.79.010
18.79.020
18.79.030
18.79.040
18.79.050
18.79.060
18.79.070
18.79.080
18.79.090
18.79.100
18.79.110
18.79.120
18.79.130
18.79.140
18.79.150
18.79.160
18.79.170
18.79.180
18.79.190
18.79.200
18.79.210
18.79.230
18.79.240
18.79.250
18.79.255
18.79.260
18.79.270
18.79.280
18.79.290
18.79.300
18.79.310
18.79.320
18.79.330
18.79.340
18.79.350
18.79.360
18.79.370
18.79.380
18.79.900
18.79.901
18.79.902
Purpose.
Definitions.
Licenses required—Titles.
"Registered nursing practice" defined—Exceptions.
"Advanced registered nursing practice" defined—Exceptions.
"Licensed practical nursing practice" defined—Exceptions.
Commission established—Membership—Qualifications.
Commission—Order of removal—Vacancy.
Commission—Compensation.
Commission—Officers—Meetings.
Commission—Duties and powers—Rules—Successor to
boards.
Application of Uniform Disciplinary Act.
Executive director—Staff.
Executive director—Qualifications.
Schools and programs—Requirements—Approval.
Applicants—Required documentation—Criteria—Rules.
Examination—Rules.
Interim permits—License—Expiration upon failure.
Reciprocity—Foreign programs—Examination.
License procedures, requirements, fees.
License renewal—Procedures, requirements, fees.
Temporary retirement—Renewal—Fee—Qualification.
Construction.
Advanced registered nurse practitioner—Activities allowed.
Limitation on dispensing Schedules II through IV controlled
substances.
Registered nurse—Activities allowed—Delegation of tasks.
Licensed practical nurse—Activities allowed.
Medication, tests, treatments allowed.
Catheterization of students—Rules.
Department—Rules for administration.
Rules, regulations, decisions of previous boards—Effect.
Joint practice arrangements.
Finding.
Nursing technicians.
Nursing technicians—Nursing functions.
Applications for registration as a nursing technician—Fee.
Nursing technicians—Registration renewal.
Licensed practical nurse/nontraditional registered nurse program—Obtaining required clinical experience.
Severability—1994 sp.s. c 9.
Headings and captions not law—1994 sp.s. c 9.
Effective date—1994 sp.s. c 9.
18.79.010
18.79.010 Purpose. It is the purpose of the nursing care
quality assurance commission to regulate the competency
and quality of professional health care providers under its
jurisdiction by establishing, monitoring, and enforcing qualifications for licensing, consistent standards of practice, continuing competency mechanisms, and discipline. Rules, policies, and procedures developed by the commission must promote the delivery of quality health care to the residents of the
state of Washington. [1994 sp.s. c 9 § 401.]
[Title 18 RCW—page 199]
18.79.020
Title 18 RCW: Businesses and Professions
18.79.020 Definitions. Unless a different meaning is
plainly required by the context, the definitions set forth in this
section apply throughout this chapter.
(1) "Commission" means the Washington state nursing
care quality assurance commission.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the secretary's designee.
(4) "Diagnosis," in the context of nursing practice,
means the identification of, and discrimination between, the
person's physical and psychosocial signs and symptoms that
are essential to effective execution and management of the
nursing care regimen.
(5) "Diploma" means written official verification of
completion of an approved nursing education program.
(6) "Nurse" or "nursing," unless otherwise specified as a
practical nurse or practical nursing, means a registered nurse
or registered nursing. [1994 sp.s. c 9 § 402.]
18.79.020
18.79.030 Licenses required—Titles. (1) It is unlawful for a person to practice or to offer to practice as a registered nurse in this state unless that person has been licensed
under this chapter. A person who holds a license to practice
as a registered nurse in this state may use the titles "registered
nurse" and "nurse" and the abbreviation "R.N." No other person may assume those titles or use the abbreviation or any
other words, letters, signs, or figures to indicate that the person using them is a registered nurse.
(2) It is unlawful for a person to practice or to offer to
practice as an advanced registered nurse practitioner or as a
nurse practitioner in this state unless that person has been
licensed under this chapter. A person who holds a license to
practice as an advanced registered nurse practitioner in this
state may use the titles "advanced registered nurse practitioner," "nurse practitioner," and "nurse" and the abbreviations
"A.R.N.P." and "N.P." No other person may assume those
titles or use those abbreviations or any other words, letters,
signs, or figures to indicate that the person using them is an
advanced registered nurse practitioner or nurse practitioner.
(3) It is unlawful for a person to practice or to offer to
practice as a licensed practical nurse in this state unless that
person has been licensed under this chapter. A person who
holds a license to practice as a licensed practical nurse in this
state may use the titles "licensed practical nurse" and "nurse"
and the abbreviation "L.P.N." No other person may assume
those titles or use that abbreviation or any other words, letters, signs, or figures to indicate that the person using them is
a licensed practical nurse.
(4) Nothing in this section shall prohibit a person listed
as a Christian Science nurse in the Christian Science Journal
published by the Christian Science Publishing Society, Boston, Massachusetts, from using the title "Christian Science
nurse," so long as such person does not hold himself or herself out as a registered nurse, advanced registered nurse practitioner, nurse practitioner, or licensed practical nurse, unless
otherwise authorized by law to do so. [1997 c 177 § 1; 1994
sp.s. c 9 § 403.]
18.79.030
18.79.040
18.79.040 "Registered nursing practice" defined—
Exceptions. (1) "Registered nursing practice" means the performance of acts requiring substantial specialized knowl[Title 18 RCW—page 200]
edge, judgment, and skill based on the principles of the biological, physiological, behavioral, and sociological sciences
in either:
(a) The observation, assessment, diagnosis, care or counsel, and health teaching of individuals with illnesses, injuries,
or disabilities, or in the maintenance of health or prevention
of illness of others;
(b) The performance of such additional acts requiring
education and training and that are recognized by the medical
and nursing professions as proper and recognized by the
commission to be performed by registered nurses licensed
under this chapter and that are authorized by the commission
through its rules;
(c) The administration, supervision, delegation, and
evaluation of nursing practice. However, nothing in this subsection affects the authority of a hospital, hospital district, inhome service agency, community-based care setting, medical
clinic, or office, concerning its administration and supervision;
(d) The teaching of nursing;
(e) The executing of medical regimen as prescribed by a
licensed physician and surgeon, dentist, osteopathic physician and surgeon, podiatric physician and surgeon, physician
assistant, osteopathic physician assistant, or advanced registered nurse practitioner.
(2) Nothing in this section prohibits a person from practicing a profession for which a license has been issued under
the laws of this state or specifically authorized by any other
law of the state of Washington.
(3) This section does not prohibit (a) the nursing care of
the sick, without compensation, by an unlicensed person who
does not hold himself or herself out to be a registered nurse,
(b) the practice of licensed practical nursing by a licensed
practical nurse, or (c) the practice of a nursing assistant, providing delegated nursing tasks under chapter 18.88A RCW.
[2003 c 140 § 1; 1995 1st sp.s. c 18 § 50; 1994 sp.s. c 9 §
404.]
Effective date—2003 c 140: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 140 § 13.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.79.050
18.79.050 "Advanced registered nursing practice"
defined—Exceptions. "Advanced registered nursing practice" means the performance of the acts of a registered nurse
and the performance of an expanded role in providing health
care services as recognized by the medical and nursing professions, the scope of which is defined by rule by the commission. Upon approval by the commission, an advanced registered nurse practitioner may prescribe legend drugs and
controlled substances contained in Schedule V of the Uniform Controlled Substances Act, chapter 69.50 RCW, and
Schedules II through IV subject to RCW 18.79.240(1) (r) or
(s).
Nothing in this section prohibits a person from practicing
a profession for which a license has been issued under the
laws of this state or specifically authorized by any other law
of the state of Washington.
(2004 Ed.)
Nursing Care
This section does not prohibit (1) the nursing care of the
sick, without compensation, by an unlicensed person who
does not hold himself or herself out to be an advanced registered nurse practitioner, or (2) the practice of registered nursing by a licensed registered nurse or the practice of licensed
practical nursing by a licensed practical nurse. [2000 c 64 §
2; 1994 sp.s. c 9 § 405.]
Effective date—2000 c 64 §§ 1-3: See note following RCW 18.79.255.
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.060
18.79.060 "Licensed practical nursing practice"
defined—Exceptions. "Licensed practical nursing practice"
means the performance of services requiring the knowledge,
skill, and judgment necessary for carrying out selected
aspects of the designated nursing regimen under the direction
and supervision of a licensed physician and surgeon, dentist,
osteopathic physician and surgeon, physician assistant,
osteopathic physician assistant, podiatric physician and surgeon, advanced registered nurse practitioner, or registered
nurse.
Nothing in this section prohibits a person from practicing
a profession for which a license has been issued under the
laws of this state or specifically authorized by any other law
of the state of Washington.
This section does not prohibit the nursing care of the
sick, without compensation, by an unlicensed person who
does not hold himself or herself out to be a licensed practical
nurse. [1994 sp.s. c 9 § 406.]
18.79.070
18.79.070 Commission established—Membership—
Qualifications. (1) The state nursing care quality assurance
commission is established, consisting of eleven members to
be appointed by the governor to four-year terms. No person
may serve as a member of the commission for more than two
consecutive full terms.
(2) There must be three registered nurse members, two
advanced registered nurse practitioner members, three
licensed practical nurse members, two public members, and
one nonvoting midwife member licensed under chapter 18.50
RCW, on the commission. Each member of the commission
must be a citizen of the United States and a resident of this
state.
(3) Registered nurse members of the commission must:
(a) Be licensed as registered nurses under this chapter;
and
(b) Have had at least five years' experience in the active
practice of nursing and have been engaged in that practice
within two years of appointment.
(4) Advanced registered nurse practitioner members of
the commission must:
(a) Be licensed as advanced registered nurse practitioners under this chapter; and
(b) Have had at least five years' experience in the active
practice of advanced registered nursing and have been
engaged in that practice within two years of appointment.
(5) Licensed practical nurse members of the commission
must:
(a) Be licensed as licensed practical nurses under this
chapter; and
(2004 Ed.)
18.79.100
(b) Have had at least five years' actual experience as a
licensed practical nurse and have been engaged in practice as
a practical nurse within two years of appointment.
(6) Public members of the commission may not be a
member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering
health services regulated by the commission, or have a material or financial interest in the rendering of health services
regulated by the commission.
(7) The nonvoting licensed midwife member of the commission must:
(a) Be licensed as a midwife under chapter 18.50 RCW;
and
(b) Have had at least five years' actual experience as a
licensed midwife and have been engaged in practice as a midwife within two years of appointment.
In appointing the initial members of the commission, it is
the intent of the legislature that, to the extent possible, the
governor appoint the existing members of the board of nursing and the board of practical nursing repealed under chapter
9, Laws of 1994 sp. sess. The governor may appoint initial
members of the commission to staggered terms of from one
to four years. Thereafter, all members shall be appointed to
full four-year terms. Members of the commission hold office
until their successors are appointed. [1994 sp.s. c 9 § 407.]
18.79.080
18.79.080 Commission—Order of removal—
Vacancy. The governor may remove a member of the commission for neglect of duty, misconduct, malfeasance or misfeasance in office, or for incompetency or unprofessional
conduct as defined in chapter 18.130 RCW. Whenever the
governor is satisfied that a member of the commission has
been guilty of neglect of duty, misconduct, malfeasance or
misfeasance in office, or of incompetency or unprofessional
conduct, the governor shall file with the secretary of state a
statement of the causes for and the order of removal from
office, and the secretary shall forthwith send a certified copy
of the statement of causes and order of removal to the last
known post office address of the member. If a vacancy occurs
on the commission, the governor shall appoint a replacement
member to fill the remainder of the unexpired term. [1994
sp.s. c 9 § 408.]
18.79.090
18.79.090 Commission—Compensation. Each commission member shall be compensated in accordance with
RCW 43.03.265 and shall be paid travel expenses when away
from home in accordance with RCW 43.03.050 and
43.03.060. [1999 c 366 § 5; 1994 sp.s. c 9 § 409.]
18.79.100
18.79.100 Commission—Officers—Meetings. The
commission shall annually elect officers from among its
members. The commission shall meet at least quarterly at
times and places it designates. It shall hold such other meetings during the year as may be deemed necessary to transact
its business. A majority of the commission members
appointed and serving constitutes a quorum at a meeting. All
meetings of the commission must be open and public, except
that the commission may hold executive sessions to the
extent permitted by chapter 42.30 RCW.
[Title 18 RCW—page 201]
18.79.110
Title 18 RCW: Businesses and Professions
Carrying a motion or resolution, adopting a rule, or passing a measure requires the affirmative vote of a majority of a
quorum of the commission. The commission may appoint
panels consisting of at least three members. A quorum for
transaction of any business by a panel is a minimum of three
members. A majority vote of a quorum of the panel is
required to transact business delegated to it by the commission. [1994 sp.s. c 9 § 410.]
18.79.110 Commission—Duties and powers—
Rules—Successor to boards. The commission shall keep a
record of all of its proceedings and make such reports to the
governor as may be required. The commission shall define by
rules what constitutes specialized and advanced levels of
nursing practice as recognized by the medical and nursing
profession. The commission may adopt rules or issue advisory opinions in response to questions put to it by professional health associations, nursing practitioners, and consumers in this state concerning the authority of various categories
of nursing practitioners to perform particular acts.
The commission shall approve curricula and shall establish criteria for minimum standards for schools preparing persons for licensing as registered nurses, advanced registered
nurse practitioners, and licensed practical nurses under this
chapter. The commission shall approve such schools of nursing as meet the requirements of this chapter and the commission, and the commission shall approve establishment of
basic nursing education programs and shall establish criteria
as to the need for and the size of a program and the type of
program and the geographical location. The commission
shall establish criteria for proof of reasonable currency of
knowledge and skill as a basis for safe practice after three
years' inactive or lapsed status. The commission shall establish criteria for licensing by endorsement. The commission
shall determine examination requirements for applicants for
licensing as registered nurses, advanced registered nurse
practitioners, and licensed practical nurses under this chapter,
and shall certify to the secretary for licensing duly qualified
applicants.
The commission shall adopt such rules under chapter
34.05 RCW as are necessary to fulfill the purposes of this
chapter.
The commission is the successor in interest of the board
of nursing and the board of practical nursing. All contracts,
undertakings, agreements, rules, regulations, decisions,
orders, and policies of the former board of nursing or the
board of practical nursing continue in full force and effect
under the commission until the commission amends or
rescinds those rules, regulations, decisions, orders, or policies.
The members of the commission are immune from suit
in an action, civil or criminal, based on its disciplinary proceedings or other official acts performed in good faith as
members of the commission.
Whenever the workload of the commission requires, the
commission may request that the secretary appoint pro tempore members of the commission. When serving, pro tempore members of the commission have all of the powers,
duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed
members of the commission. [1994 sp.s. c 9 § 411.]
18.79.110
[Title 18 RCW—page 202]
18.79.120
18.79.120 Application of Uniform Disciplinary Act.
The Uniform Disciplinary Act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses,
and the discipline of licensees under this chapter. [1994 sp.s.
c 9 § 412.]
18.79.130
18.79.130 Executive director—Staff. The secretary
shall appoint, after consultation with the commission, an
executive director who shall act to carry out this chapter. The
secretary shall also employ such professional, secretarial,
clerical, and other assistants as may be necessary to effectively administer this chapter. The secretary shall fix the
compensation and provide for travel expenses for the executive director and all such employees, in accordance with
RCW 43.03.050 and 43.03.060. [1994 sp.s. c 9 § 413.]
18.79.140
18.79.140 Executive director—Qualifications. The
executive director must be a graduate of an approved nursing
education program and of a college or university, with a masters' degree, and currently licensed as a registered nurse under
this chapter; have a minimum of eight years' experience in
nursing in any combination of administration and nursing
education; and have been actively engaged in the practice of
registered nursing or nursing education within two years
immediately before the time of appointment. [1994 sp.s. c 9
§ 414.]
18.79.150
18.79.150 Schools and programs—Requirements—
Approval. An institution desiring to conduct a school of registered nursing or a school or program of practical nursing, or
both, shall apply to the commission and submit evidence satisfactory to the commission that:
(1) It is prepared to carry out the curriculum approved by
the commission for basic registered nursing or practical nursing, or both; and
(2) It is prepared to meet other standards established by
law and by the commission.
The commission shall make, or cause to be made, such
surveys of the schools and programs, and of institutions and
agencies to be used by the schools and programs, as it determines are necessary. If in the opinion of the commission, the
requirements for an approved school of registered nursing or
a school or program of practical nursing, or both, are met, the
commission shall approve the school or program. [1994 sp.s.
c 9 § 415.]
18.79.160
18.79.160 Applicants—Required documentation—
Criteria—Rules. (1) An applicant for a license to practice as
a registered nurse shall submit to the commission:
(a) An attested written application on a department form;
(b) An official transcript demonstrating graduation and
successful completion of an approved program of nursing;
and
(c) Any other official records specified by the commission.
(2) An applicant for a license to practice as an advanced
registered nurse practitioner shall submit to the commission:
(a) An attested written application on a department form;
(b) An official transcript demonstrating graduation and
successful completion of an advanced registered nurse prac(2004 Ed.)
Nursing Care
titioner program meeting criteria established by the commission; and
(c) Any other official records specified by the commission.
(3) An applicant for a license to practice as a licensed
practical nurse shall submit to the commission:
(a) An attested written application on a department form;
(b) Written official evidence that the applicant is over the
age of eighteen;
(c) An official transcript demonstrating graduation and
successful completion of an approved practical nursing program, or its equivalent; and
(d) Any other official records specified by the commission.
(4) At the time of submission of the application, the
applicant for a license to practice as a registered nurse,
advanced registered nurse practitioner, or licensed practical
nurse must not be in violation of chapter 18.130 RCW or this
chapter.
(5) The commission shall establish by rule the criteria for
evaluating the education of all applicants. [2004 c 262 § 6;
1994 sp.s. c 9 § 416.]
Findings—2004 c 262: See note following RCW 18.06.050.
18.79.170
18.79.170 Examination—Rules. An applicant for a
license to practice as a registered nurse, advanced registered
nurse practitioner, or licensed practical nurse must pass an
examination in subjects determined by the commission. The
examination may be supplemented by an oral or practical
examination. The commission shall establish by rule the
requirements for applicants who have failed the examination
to qualify for reexamination. [1994 sp.s. c 9 § 417.]
18.79.180
18.79.180 Interim permits—License—Expiration
upon failure. When authorized by the commission, the
department shall issue an interim permit authorizing the
applicant to practice registered nursing, advanced registered
nursing, or licensed practical nursing, as appropriate, from
the time of verification of the completion of the school or
training program until notification of the results of the examination. Upon the applicant passing the examination, and if
all other requirements established by the commission for
licensing are met, the department shall issue the applicant a
license to practice registered nursing, advanced registered
nursing, or licensed practical nursing, as appropriate. If the
applicant fails the examination, the interim permit expires
upon notification to the applicant, and is not renewable. The
holder of an interim permit is subject to chapter 18.130 RCW.
[1994 sp.s. c 9 § 418.]
18.79.190
18.79.190 Reciprocity—Foreign programs—Examination. Upon approval of the application by the commission,
the department shall issue a license by endorsement without
examination to practice as a registered nurse or as a licensed
practical nurse to a person who is licensed as a registered
nurse or licensed practical nurse under the laws of another
state, territory, or possession of the United States, and who
meets all other qualifications for licensing.
An applicant who has graduated from a school or program of nursing outside the United States and is licensed as a
(2004 Ed.)
18.79.240
registered nurse or licensed practical nurse, or their equivalents, outside the United States must meet all qualifications
required by this chapter and pass examinations as determined
by the commission. [1994 sp.s. c 9 § 419.]
18.79.200
18.79.200 License procedures, requirements, fees.
An applicant for a license to practice as a registered nurse,
advanced registered nurse practitioner, or licensed practical
nurse shall comply with administrative procedures, administrative requirements, and fees as determined under RCW
43.70.250 and 43.70.280. [1996 c 191 § 62; 1994 sp.s. c 9 §
420.]
18.79.210
18.79.210 License renewal—Procedures, requirements, fees. A license issued under this chapter must be
renewed, except as provided in this chapter. The licensee
shall comply with administrative procedures, administrative
requirements, and fees as determined under RCW 43.70.250
and 43.70.280. [1996 c 191 § 63; 1994 sp.s. c 9 § 421.]
18.79.230
18.79.230 Temporary retirement—Renewal—Fee—
Qualification. A person licensed under this chapter who
desires to retire temporarily from registered nursing practice,
advanced registered nursing practice, or licensed practical
nursing practice in this state shall send a written notice to the
secretary.
Upon receipt of the notice the department shall place the
name of the person on inactive status. While remaining on
this status the person shall not practice in this state any form
of nursing provided for in this chapter. When the person
desires to resume practice, the person shall apply to the commission for renewal of the license and pay a renewal fee to
the state treasurer. Persons on inactive status for three years
or more must provide evidence of knowledge and skill of current practice as required by the commission or as provided in
this chapter. [1994 sp.s. c 9 § 423.]
18.79.240
18.79.240 Construction. (1) In the context of the definition of registered nursing practice and advanced registered
nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by domestic
servants or persons primarily employed as housekeepers, so
long as they do not practice registered nursing within the
meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of nursing by students
enrolled in approved schools as may be incidental to their
course of study or prohibiting the students from working as
nursing technicians;
(d) Prohibiting auxiliary services provided by persons
carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or
elsewhere under the direction of licensed physicians or the
supervision of licensed registered nurses;
(e) Prohibiting the practice of nursing in this state by a
legally qualified nurse of another state or territory whose
engagement requires him or her to accompany and care for a
[Title 18 RCW—page 203]
18.79.240
Title 18 RCW: Businesses and Professions
patient temporarily residing in this state during the period of
one such engagement, not to exceed six months in length, if
the person does not represent or hold himself or herself out as
a registered nurse licensed to practice in this state;
(f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice
of the religious tenets of a church by adherents of the church
so long as they do not engage in the practice of nursing as
defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse of
another state who is employed by the United States government or a bureau, division, or agency thereof, while in the
discharge of his or her official duties;
(h) Permitting the measurement of the powers or range
of human vision, or the determination of the accommodation
and refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses for the
aid thereof;
(i) Permitting the prescribing or directing the use of, or
using, an optical device in connection with ocular exercises,
visual training, vision training, or orthoptics;
(j) Permitting the prescribing of contact lenses for, or the
fitting and adaptation of contact lenses to, the human eye;
(k) Prohibiting the performance of routine visual screening;
(l) Permitting the practice of dentistry or dental hygiene
as defined in chapters 18.32 and 18.29 RCW, respectively;
(m) Permitting the practice of chiropractic as defined in
chapter 18.25 RCW including the adjustment or manipulation of the articulation of the spine;
(n) Permitting the practice of podiatric medicine and surgery as defined in chapter 18.22 RCW;
(o) Permitting the performance of major surgery, except
such minor surgery as the commission may have specifically
authorized by rule adopted in accordance with chapter 34.05
RCW;
(p) Permitting the prescribing of controlled substances as
defined in Schedules I through IV of the Uniform Controlled
Substances Act, chapter 69.50 RCW, except as provided in
(r) or (s) of this subsection;
(q) Prohibiting the determination and pronouncement of
death;
(r) Prohibiting advanced registered nurse practitioners,
approved by the commission as certified registered nurse
anesthetists from selecting, ordering, or administering controlled substances as defined in Schedules II through IV of
the Uniform Controlled Substances Act, chapter 69.50 RCW,
consistent with their commission-recognized scope of practice; subject to facility-specific protocols, and subject to a
request for certified registered nurse anesthetist anesthesia
services issued by a physician licensed under chapter 18.71
RCW, an osteopathic physician and surgeon licensed under
chapter 18.57 RCW, a dentist licensed under chapter 18.32
RCW, or a podiatric physician and surgeon licensed under
chapter 18.22 RCW; the authority to select, order, or administer Schedule II through IV controlled substances being limited to those drugs that are to be directly administered to
patients who require anesthesia for diagnostic, operative,
obstetrical, or therapeutic procedures in a hospital, clinic,
ambulatory surgical facility, or the office of a practitioner
licensed under chapter 18.71, 18.22, 18.36, 18.36A, 18.57,
[Title 18 RCW—page 204]
18.57A, or 18.32 RCW; "select" meaning the decision-making process of choosing a drug, dosage, route, and time of
administration; and "order" meaning the process of directing
licensed individuals pursuant to their statutory authority to
directly administer a drug or to dispense, deliver, or distribute
a drug for the purpose of direct administration to a patient,
under instructions of the certified registered nurse anesthetist.
"Protocol" means a statement regarding practice and documentation concerning such items as categories of patients,
categories of medications, or categories of procedures rather
than detailed case-specific formulas for the practice of nurse
anesthesia;
(s) Prohibiting advanced registered nurse practitioners
from ordering or prescribing controlled substances as defined
in Schedules II through IV of the Uniform Controlled Substances Act, chapter 69.50 RCW, if and to the extent: (i)
Doing so is permitted by their scope of practice; (ii) it is in
response to a combined request from one or more physicians
licensed under chapter 18.71 or 18.57 RCW and an advanced
registered nurse practitioner licensed under this chapter, proposing a joint practice arrangement under which such prescriptive authority will be exercised with appropriate collaboration between the practitioners; and (iii) it is consistent
with rules adopted under this subsection. The medical quality assurance commission, the board of osteopathic medicine
and surgery, and the commission are directed to jointly adopt
by consensus by rule a process and criteria that implements
the joint practice arrangements authorized under this subsection. This subsection (1)(s) does not apply to certified registered nurse anesthetists.
(2) In the context of the definition of licensed practical
nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by domestic
servants or persons primarily employed as housekeepers, so
long as they do not practice practical nursing within the
meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of practical nursing by students enrolled in approved schools as may be incidental to
their course of study or prohibiting the students from working
as nursing assistants;
(d) Prohibiting auxiliary services provided by persons
carrying out duties necessary for the support of nursing services, including those duties that involve minor nursing services for persons performed in hospitals, nursing homes, or
elsewhere under the direction of licensed physicians or the
supervision of licensed registered nurses;
(e) Prohibiting or preventing the practice of nursing in
this state by a legally qualified nurse of another state or territory whose engagement requires him or her to accompany
and care for a patient temporarily residing in this state during
the period of one such engagement, not to exceed six months
in length, if the person does not represent or hold himself or
herself out as a licensed practical nurse licensed to practice in
this state;
(f) Prohibiting nursing or care of the sick, with or without compensation, when done in connection with the practice
of the religious tenets of a church by adherents of the church
(2004 Ed.)
Nursing Care
so long as they do not engage in licensed practical nurse practice as defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse of
another state who is employed by the United States government or any bureau, division, or agency thereof, while in the
discharge of his or her official duties. [2003 c 258 § 6; 2000
c 64 § 3; 1994 sp.s. c 9 § 424.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
Effective date—2000 c 64 §§ 1-3: See note following RCW 18.79.255.
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.250
18.79.250 Advanced registered nurse practitioner—
Activities allowed. An advanced registered nurse practitioner under his or her license may perform for compensation
nursing care, as that term is usually understood, of the ill,
injured, or infirm, and in the course thereof, she or he may do
the following things that shall not be done by a person not so
licensed, except as provided in RCW 18.79.260 and
18.79.270:
(1) Perform specialized and advanced levels of nursing
as recognized jointly by the medical and nursing professions,
as defined by the commission;
(2) Prescribe legend drugs and Schedule V controlled
substances, as defined in the Uniform Controlled Substances
Act, chapter 69.50 RCW, and Schedules II through IV subject to RCW 18.79.240(1) (r) or (s) within the scope of practice defined by the commission;
(3) Perform all acts provided in RCW 18.79.260;
(4) Hold herself or himself out to the public or designate
herself or himself as an advanced registered nurse practitioner or as a nurse practitioner. [2000 c 64 § 4; 1994 sp.s. c 9 §
425.]
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.255
18.79.255 Limitation on dispensing Schedules II
through IV controlled substances. The dispensing of
Schedules II through IV controlled substances subject to
RCW 18.79.240(1)(s) is limited to a maximum of a seventytwo-hour supply of the prescribed controlled substance.
[2000 c 64 § 1.]
Effective date—2000 c 64 §§ 1-3: "Sections 1 through 3 of this act take
effect July 1, 2000." [2000 c 64 § 8.]
Severability—2000 c 64: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2000 c 64 § 9.]
18.79.260
18.79.260 Registered nurse—Activities allowed—
Delegation of tasks. (1) A registered nurse under his or her
license may perform for compensation nursing care, as that
term is usually understood, to individuals with illnesses, injuries, or disabilities.
(2) A registered nurse may, at or under the general direction of a licensed physician and surgeon, dentist, osteopathic
physician and surgeon, naturopathic physician, podiatric
physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse practitioner acting within the scope of his or her license, administer medications, treatments, tests, and inoculations, whether or not the
severing or penetrating of tissues is involved and whether or
(2004 Ed.)
18.79.260
not a degree of independent judgment and skill is required.
Such direction must be for acts which are within the scope of
registered nursing practice.
(3) A registered nurse may delegate tasks of nursing care
to other individuals where the registered nurse determines
that it is in the best interest of the patient.
(a) The delegating nurse shall:
(i) Determine the competency of the individual to perform the tasks;
(ii) Evaluate the appropriateness of the delegation;
(iii) Supervise the actions of the person performing the
delegated task; and
(iv) Delegate only those tasks that are within the registered nurse's scope of practice.
(b) A registered nurse, working for a home health or hospice agency regulated under chapter 70.127 RCW, may delegate the application, instillation, or insertion of medications
to a registered or certified nursing assistant under a plan of
care.
(c) Except as authorized in (b) or (e) of this subsection, a
registered nurse may not delegate the administration of medications. Except as authorized in (e) of this subsection, a registered nurse may not delegate acts requiring substantial skill,
and may not delegate piercing or severing of tissues. Acts
that require nursing judgment shall not be delegated.
(d) No person may coerce a nurse into compromising
patient safety by requiring the nurse to delegate if the nurse
determines that it is inappropriate to do so. Nurses shall not
be subject to any employer reprisal or disciplinary action by
the nursing care quality assurance commission for refusing to
delegate tasks or refusing to provide the required training for
delegation if the nurse determines delegation may compromise patient safety.
(e) For delegation in community-based care settings or
in-home care settings, a registered nurse may delegate nursing care tasks only to registered or certified nursing assistants. Simple care tasks such as blood pressure monitoring,
personal care service, or other tasks as defined by the nursing
care quality assurance commission are exempted from this
requirement.
(i) "Community-based care settings" includes: Community residential programs for the developmentally disabled,
certified by the department of social and health services
under chapter 71A.12 RCW; adult family homes licensed
under chapter 70.128 RCW; and boarding homes licensed
under chapter 18.20 RCW. Community-based care settings
do not include acute care or skilled nursing facilities.
(ii) "In-home care settings" include an individual's place
of temporary or permanent residence, but does not include
acute care or skilled nursing facilities, and does not include
community-based care settings as defined in (e)(i) of this
subsection.
(iii) Delegation of nursing care tasks in communitybased care settings and in-home care settings is only allowed
for individuals who have a stable and predictable condition.
"Stable and predictable condition" means a situation in which
the individual's clinical and behavioral status is known and
does not require the frequent presence and evaluation of a
registered nurse.
(iv) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered
[Title 18 RCW—page 205]
18.79.270
Title 18 RCW: Businesses and Professions
nurse. However, the administration of medications by injection, sterile procedures, and central line maintenance may
never be delegated.
(v) The registered nurse shall verify that the nursing
assistant has completed the required core nurse delegation
training required in chapter 18.88A RCW prior to authorizing
delegation.
(vi) The nurse is accountable for his or her own individual actions in the delegation process. Nurses acting within
the protocols of their delegation authority are immune from
liability for any action performed in the course of their delegation duties.
(vii) Nursing task delegation protocols are not intended
to regulate the settings in which delegation may occur, but
are intended to ensure that nursing care services have a consistent standard of practice upon which the public and the
profession may rely, and to safeguard the authority of the
nurse to make independent professional decisions regarding
the delegation of a task.
(f) The nursing care quality assurance commission may
adopt rules to implement this section.
(4) Only a person licensed as a registered nurse may
instruct nurses in technical subjects pertaining to nursing.
(5) Only a person licensed as a registered nurse may hold
herself or himself out to the public or designate herself or
himself as a registered nurse. [2003 c 140 § 2; 2000 c 95 § 3;
1995 1st sp.s. c 18 § 51; 1995 c 295 § 1; 1994 sp.s. c 9 § 426.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1995 c 295: "This act shall take effect August 1,
1996." [1995 c 295 § 4.]
18.79.270
18.79.270 Licensed practical nurse—Activities
allowed. A licensed practical nurse under his or her license
may perform nursing care, as that term is usually understood,
of the ill, injured, or infirm, and in the course thereof may,
under the direction of a licensed physician and surgeon,
osteopathic physician and surgeon, dentist, naturopathic physician, podiatric physician and surgeon, physician assistant,
osteopathic physician assistant, advanced registered nurse
practitioner acting under the scope of his or her license, or at
the direction and under the supervision of a registered nurse,
administer drugs, medications, treatments, tests, injections,
and inoculations, whether or not the piercing of tissues is
involved and whether or not a degree of independent judgment and skill is required, when selected to do so by one of
the licensed practitioners designated in this section, or by a
registered nurse who need not be physically present; if the
order given is reduced to writing within a reasonable time and
made a part of the patient's record. Such direction must be for
acts within the scope of licensed practical nurse practice.
[1995 c 295 § 2; 1994 sp.s. c 9 § 427.]
Effective date—1995 c 295: See note following RCW 18.79.260.
18.79.280
18.79.280 Medication, tests, treatments allowed. It is
not a violation of chapter 18.71 RCW or of chapter 18.57
RCW for a registered nurse, at or under the general direction
of a licensed physician and surgeon, or osteopathic physician
and surgeon, to administer prescribed drugs, injections, inoc[Title 18 RCW—page 206]
ulations, tests, or treatment whether or not the piercing of tissues is involved. [1994 sp.s. c 9 § 428.]
18.79.290 Catheterization of students—Rules. (1) In
accordance with rules adopted by the commission, public
school districts and private schools that offer classes for any
of grades kindergarten through twelve may provide for clean,
intermittent bladder catheterization of students or assisted
self-catheterization of students who are in the custody of the
school district or private school at the time. After consultation with staff of the superintendent of public instruction, the
commission shall adopt rules in accordance with chapter
34.05 RCW, that provide for the following and such other
matters as the commission deems necessary to the proper
implementation of this section:
(a) A requirement for a written, current, and unexpired
request from a parent, legal guardian, or other person having
legal control over the student that the school district or private school provide for the catheterization of the student;
(b) A requirement for a written, current, and unexpired
request from a physician licensed under chapter 18.71 or
18.57 RCW, that catheterization of the student be provided
for during the hours when school is in session or the hours
when the student is under the supervision of school officials;
(c) A requirement for written, current, and unexpired
instructions from an advanced registered nurse practitioner or
a registered nurse licensed under this chapter regarding catheterization that include (i) a designation of the school district
or private school employee or employees who may provide
for the catheterization, and (ii) a description of the nature and
extent of any required supervision; and
(d) The nature and extent of acceptable training that shall
(i) be provided by a physician, advanced registered nurse
practitioner, or registered nurse licensed under chapter 18.71
or 18.57 RCW, or this chapter, and (ii) be required of school
district or private school employees who provide for the catheterization of a student under this section, except that a
licensed practical nurse licensed under this chapter is exempt
from training.
(2) This section does not require school districts to provide intermittent bladder catheterization of students. [1994
sp.s. c 9 § 429.]
18.79.290
Catheterization of public and private school students: RCW 28A.210.280
and 28A.210.290.
18.79.300
18.79.300 Department—Rules for administration.
The department, subject to chapter 34.05 RCW, the Washington Administrative Procedure Act, may adopt such reasonable rules as may be necessary to carry out the duties imposed
upon it in the administration of this chapter. [1994 sp.s. c 9 §
430.]
18.79.310 Rules, regulations, decisions of previous
boards—Effect. As of July 1, 1994, all rules, regulations,
decisions, and orders of the board of nursing under *chapter
18.88 RCW or the board of practical nursing under *chapter
18.78 RCW continue to be in effect under the commission,
until the commission acts to modify the rules, regulations,
decisions, or orders. [1994 sp.s. c 9 § 431.]
18.79.310
*Reviser's note: Chapters 18.88 and 18.78 RCW were repealed by
1994 sp.s. c 9 § 433, effective July 1, 1994.
(2004 Ed.)
Nursing Care
18.79.320 Joint practice arrangements. The commission is directed to jointly adopt by consensus, with the medical quality assurance commission and the board of osteopathic medicine and surgery, a process and criteria that
implements the joint practice arrangements authorized under
RCW 18.79.240(1)(s). [2000 c 64 § 7.]
18.79.320
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.330 Finding. The legislature finds a need to provide additional work-related opportunities for nursing students. Nursing students enrolled in bachelor of science programs or associate degree programs, working within the limits of their education, gain valuable judgment and knowledge
through expanded work opportunities. [2003 c 258 § 1.]
18.79.330
Severability—2003 c 258: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2003 c 258 § 11.]
Effective date—2003 c 258: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 258 § 12.]
18.79.340 Nursing technicians. (1) "Nursing technician" means a nursing student employed in a hospital
licensed under chapter 70.41 RCW or a nursing home
licensed under chapter 18.51 RCW, who:
(a) Is currently enrolled in good standing in a nursing
program approved by the commission and has not graduated;
or
(b) Is a graduate of a nursing program approved by the
commission who graduated:
(i) Within the past thirty days; or
(ii) Within the past sixty days and has received a determination from the secretary that there is good cause to continue the registration period, as defined by the secretary in
rule.
(2) No person may practice or represent oneself as a
nursing technician by use of any title or description of services without being registered under this chapter, unless otherwise exempted by this chapter.
(3) The commission may adopt rules to implement chapter 258, Laws of 2003. [2003 c 258 § 2.]
18.79.340
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
18.79.350
18.79.350 Nursing technicians—Nursing functions.
(1) Nursing technicians are authorized to perform specific
nursing functions within the limits of their education, up to
their skill and knowledge, but they may not:
(a) Administer chemotherapy, blood or blood products,
intravenous medications, or scheduled drugs, or carry out
procedures on central lines;
(b) Assume ongoing responsibility for assessments,
planning, implementation, or evaluation of the care of
patients;
(c) Function independently, act as a supervisor, or delegate tasks to licensed practical nurses, nursing assistants, or
unlicensed personnel; or
(d) Perform or attempt to perform nursing techniques or
procedures for which the nursing technician lacks the appropriate knowledge, experience, and education.
(2004 Ed.)
18.79.360
(2) Nursing technicians may function only under the
direct supervision of a registered nurse who agrees to act as
supervisor and is immediately available to the nursing technician. The supervising registered nurse must have an unrestricted license with at least two years of clinical practice in
the setting where the nursing technician works.
(3) Nursing technicians may only perform specific nursing functions based upon and limited to their education and
when they have demonstrated the ability and been verified to
safely perform these functions by the nursing program in
which the nurse technician is enrolled. The nursing program
providing verification is immune from liability for any nursing function performed or not performed by the nursing technician.
(4) Nursing technicians are responsible and accountable
for their specific nursing functions. [2003 c 258 § 3.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
18.79.360
18.79.360 Applications for registration as a nursing
technician—Fee. (1) Applications for registration must be
submitted on forms provided by the secretary. The secretary
may require any information and documentation that reasonably relates to the need to determine whether the applicant
meets the criteria for registration provided for in chapter
18.130 RCW. Each applicant shall pay a fee determined by
the secretary under RCW 43.70.250. The fee must accompany the application.
(2) An applicant for registration as a nursing technician
shall submit:
(a) A signed statement from the applicant's nursing program verifying enrollment in, or graduation from, the nursing
program; and
(b) A signed statement from the applicant's employer
certifying that the employer understands the role of the nursing technician and agrees to meet the requirements of subsection (4) of this section.
(3) The secretary shall issue a registration to an applicant
who has met the requirements for registration or deny a registration to an applicant who does not meet the requirements,
except that proceedings concerning the denial of registration
based on unprofessional conduct or impairment are governed
by the uniform disciplinary act, chapter 18.130 RCW.
(4) The employer:
(a) Shall not require the nursing technician to work
beyond his or her education and training;
(b) Shall verify that the nursing technician continues to
qualify as a nursing technician as described in RCW
18.79.340;
(c) Shall advise the department and nursing program of
any practice-related action taken against the nursing technician;
(d) Shall maintain documentation of the specific nursing
functions the nursing technician is authorized to perform; and
(e) Shall provide training regarding the provisions of
chapter 258, Laws of 2003, including procedures for filing a
complaint with the department of health or the department of
social and health services concerning violations of chapter
258, Laws of 2003, to all nursing technicians and registered
nurses who shall supervise nursing technicians and document
[Title 18 RCW—page 207]
18.79.370
Title 18 RCW: Businesses and Professions
the training and make it available for any inspection or survey. [2003 c 258 § 4.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
18.79.370 Nursing technicians—Registration
renewal. The secretary shall establish by rule the procedural
requirements and fees for renewal of the registration. Failure
to renew invalidates the registration and all privileges granted
by the registration. For renewal of registration, a nursing
technician must attest that he or she continues to qualify as a
nursing technician as described in RCW 18.79.340. [2003 c
258 § 5.]
18.79.370
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
18.83.105
18.83.110
18.83.115
18.83.121
18.83.135
18.83.155
18.83.170
18.83.180
18.83.190
18.83.200
18.83.210
18.83.900
Certificates of qualification.
Privileged communications.
Duty to disclose information to client.
Unprofessional conduct.
Examining board—Powers and duties.
Examining board—Notice of disciplinary action.
License without oral examination.
Penalties.
Injunction.
Exemptions.
Certain counseling or guidance not prohibited.
Severability—1965 c 70.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
18.83.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.83.005
18.83.010 Definitions. When used in this chapter:
(1) The "practice of psychology" means the observation,
evaluation, interpretation, and modification of human behavior by the application of psychological principles, methods,
and procedures for the purposes of preventing or eliminating
symptomatic or maladaptive behavior and promoting mental
and behavioral health. It includes, but is not limited to, providing the following services to individuals, families, groups,
organizations, and the public, whether or not payment is
received for services rendered:
(a) Psychological measurement, assessment, and evaluation by means of psychological, neuropsychological, and
psychoeducational testing;
(b) Diagnosis and treatment of mental, emotional, and
behavioral disorders, and psychological aspects of illness,
injury, and disability; and
(c) Counseling and guidance, psychotherapeutic techniques, remediation, health promotion, and consultation
within the context of established psychological principles and
theories.
This definition does not include the teaching of principles of psychology for accredited educational institutions, or
the conduct of research in problems of human or animal
behavior.
Nothing in this definition shall be construed as permitting the administration or prescribing of drugs or in any way
infringing upon the practice of medicine and surgery as
defined in chapter 18.71 RCW.
(2) "Secretary" means the secretary of health.
(3) "Board" means the examining board of psychology.
(4) "Department" means the department of health. [1994
c 35 § 1; 1991 c 3 § 193; 1984 c 279 § 75; 1979 c 158 § 67;
1965 c 70 § 1; 1955 c 305 § 1.]
18.83.010
18.79.380 Licensed practical nurse/nontraditional
registered nurse program—Obtaining required clinical
experience. A licensed practical nurse with an active license
who has completed the coursework of a nontraditional registered nurse program approved by the commission can obtain
the required clinical experience when: (1) The experience is
obtained under the immediate supervision of a registered
nurse who agrees to act as the preceptor with the understanding that the licensed practical nurse is practicing under the
preceptor's registered nurse license. The preceptor must have
an unrestricted license with at least two years of clinical practice in the same type of practice setting where the preceptorship will occur; and (2) the experience is obtained within six
months of completion of the approved nontraditional program. [2004 c 262 § 7.]
18.79.380
Findings—2004 c 262: See note following RCW 18.06.050.
18.79.900 Severability—1994 sp.s. c 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1994 sp.s. c 9 § 904.]
18.79.900
18.79.901 Headings and captions not law—1994 sp.s.
c 9. Headings and captions used in this act constitute no part
of the law. [1994 sp.s. c 9 § 905.]
18.79.901
18.79.902 Effective date—1994 sp.s. c 9. This act
takes effect July 1, 1994. [1994 sp.s. c 9 § 906.]
18.79.902
Chapter 18.83
Chapter 18.83 RCW
PSYCHOLOGISTS
Sections
18.83.005
18.83.010
18.83.020
18.83.035
18.83.045
18.83.050
18.83.051
18.83.054
18.83.060
18.83.070
18.83.072
18.83.080
18.83.082
18.83.090
Severability—1984 c 279: See RCW 18.130.901.
18.83.020 License required—Use of "psychology" or
similar terms. (1) To safeguard the people of the state of
Washington from the dangers of unqualified and improper
practice of psychology, it is unlawful for any person to whom
this chapter applies to represent himself or herself to be a psychologist without first obtaining a license as provided in this
chapter.
(2) A person represents himself or herself to be a psychologist when the person adopts or uses any title or any
description of services which incorporates one or more of the
following terms: "psychology," "psychological," "psycholo18.83.020
Regulation of health care professions—Criteria.
Definitions.
License required—Use of "psychology" or similar terms.
Examining board—Composition—Terms—Chairperson.
Examining board—Generally.
Examining board—Powers and duties.
Examining board—Compensation and travel expenses.
Application of uniform disciplinary act.
Application, examination—Fees.
Applicants—Qualifications—Examination.
Examinations.
Licenses—Issuance—Display.
Temporary permit.
Continuing education requirements—License renewal.
[Title 18 RCW—page 208]
(2004 Ed.)
Psychologists
gist," or any term of like import. [1986 c 27 § 1; 1965 c 70 §
2; 1955 c 305 § 2.]
18.83.035
18.83.035 Examining board—Composition—
Terms—Chairperson. There is created the examining
board of psychology which shall examine the qualifications
of applicants for licensing. The board shall consist of seven
psychologists and two public members, all appointed by the
governor. The public members shall not be and have never
been psychologists or in training to be psychologists; they
may not have any household member who is a psychologist
or in training to be a psychologist; they may not participate or
ever have participated in a commercial or professional field
related to psychology, nor have a household member who has
so participated; and they may not have had within two years
before appointment a substantial financial interest in a person
regulated by the board. Each psychologist member of the
board shall be a citizen of the United States who has actively
practiced psychology in the state of Washington for at least
three years immediately preceding appointment and who is
licensed under this chapter. Board members shall be
appointed for a term of five years, except that the terms of the
existing appointees shall be adjusted by the governor so that
no more than two members' terms expire each year with all
subsequent appointments for a five-year term. Upon the
death, resignation, or removal of a member, the governor
shall appoint a successor to serve for the unexpired term. The
board shall elect one of its members to serve as chairperson.
[1989 c 226 § 1; 1986 c 27 § 2; 1984 c 279 § 76.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.045
18.83.045 Examining board—Generally. The board
shall meet at least once each year and at such other times as
the board deems appropriate to properly discharge its duties.
All meetings shall be held in Olympia, Washington, or such
other places as may be designated by the secretary. Five
members of the board shall constitute a quorum, except that
oral examinations may be conducted with only three psychologist members. [1991 c 3 § 195; 1984 c 279 § 77.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.050
18.83.050 Examining board—Powers and duties. (1)
The board shall adopt such rules as it deems necessary to
carry out its functions.
(2) The board shall examine the qualifications of applicants for licensing under this chapter, to determine which
applicants are eligible for licensing under this chapter and
shall forward to the secretary the names of applicants so eligible.
(3) The board shall administer examinations to qualified
applicants on at least an annual basis. The board shall determine the subject matter and scope of the examination, except
as provided in RCW 18.83.170. The board may allow applicants to take the examination upon the granting of their doctoral degree before completion of their internship for supervised experience.
(4) The board shall keep a complete record of its own
proceedings, of the questions given in examinations, of the
names and qualifications of all applicants, and the names and
addresses of all licensed psychologists. The examination
(2004 Ed.)
18.83.070
paper of such applicant shall be kept on file for a period of at
least one year after examination.
(5) The board shall, by rule, adopt a code of ethics for
psychologists which is designed to protect the public interest.
(6) The board may require that persons licensed under
this chapter as psychologists obtain and maintain professional liability insurance in amounts determined by the board
to be practicable and reasonably available. [2004 c 262 § 8;
1994 c 35 § 2; 1991 c 3 § 196; 1986 c 27 § 3; 1984 c 279 §
78; 1965 c 70 § 5; 1955 c 305 § 5.]
Findings—2004 c 262: See note following RCW 18.06.050.
Severability—1984 c 279: See RCW 18.130.901.
18.83.051
18.83.051 Examining board—Compensation and
travel expenses. Each member of the board shall be compensated in accordance with RCW 43.03.240 and in addition
thereto shall be reimbursed for travel expenses incurred in
carrying out the duties of the board in accordance with RCW
43.03.050 and 43.03.060. [1984 c 287 § 48; 1983 c 168 § 10;
1975-'76 2nd ex.s. c 34 § 48; 1969 ex.s. c 199 § 19; 1965 c 70
§ 21.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1983 c 168: See RCW 18.120.910.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.83.054
18.83.054 Application of uniform disciplinary act.
(1) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses,
and the discipline of licensees under this chapter, except that
the term "unlicensed practice" shall be defined by RCW
18.83.180 rather than RCW 18.130.020.
(2) A person who holds a license under this chapter is
subject to the uniform disciplinary act, chapter 18.130 RCW,
at all times the license is maintained. [1999 c 66 § 1; 1987 c
150 § 51.]
Severability—1987 c 150: See RCW 18.122.901.
18.83.060
18.83.060 Application, examination—Fees. Administrative procedures, administrative requirements, and fees for
applications and examinations shall be established as provided in RCW 43.70.250 and 43.70.280. [1996 c 191 § 64;
1991 c 3 § 197; 1984 c 279 § 79; 1975 1st ex.s. c 30 § 72;
1965 c 70 § 6; 1955 c 305 § 6.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.070
18.83.070 Applicants—Qualifications—Examination. An applicant for a license as "psychologist" must submit proof to the board that:
(1) The applicant is of good moral character.
(2) The applicant holds a doctoral degree from a regionally accredited institution, obtained from an integrated program of graduate study in psychology as defined by rules of
the board.
(3) The applicant has had no fewer than two years of
supervised experience. The board shall adopt rules defining
the circumstances under which supervised experience shall
qualify the candidate for licensure.
[Title 18 RCW—page 209]
18.83.072
Title 18 RCW: Businesses and Professions
(4) The applicant has passed the examination or examinations required by the board.
Any person holding a valid license to practice psychology in the state of Washington on June 7, 1984, shall be considered licensed under this chapter. [2004 c 262 § 9; 1995 c
198 § 11; 1984 c 279 § 80; 1965 c 70 § 7; 1955 c 305 § 7.]
Findings—2004 c 262: See note following RCW 18.06.050.
Severability—1984 c 279: See RCW 18.130.901.
18.83.072
18.83.072 Examinations. (1) Examination of applicants shall be held in Olympia, Washington, or at such other
place as designated by the secretary, at least annually at such
times as the board may determine.
(2) Any applicant who fails to make a passing grade on
the examination may be allowed to retake the examination.
Any applicant who fails the examination a second time must
obtain special permission from the board to take the examination again.
(3) The board may approve an examination prepared or
administered by a private testing agency or association of
licensing authorities. [2004 c 262 § 10; 1996 c 191 § 65;
1995 c 198 § 12; 1991 c 3 § 198; 1984 c 279 § 81; 1971 ex.s.
c 266 § 15; 1965 c 70 § 20.]
Findings—2004 c 262: See note following RCW 18.06.050.
Severability—1984 c 279: See RCW 18.130.901.
18.83.080
18.83.080 Licenses—Issuance—Display. The board
shall forward to the secretary the name of each applicant entitled to a license under this chapter. The secretary shall
promptly issue to such applicant a license authorizing such
applicant to use the title "psychologist". Each licensed psychologist shall keep his or her license displayed in a conspicuous place in his or her principal place of business. [1996 c
191 § 66; 1991 c 3 § 199; 1986 c 27 § 4; 1965 c 70 § 8; 1955
c 305 § 8.]
18.83.082
18.83.082 Temporary permit. A person, not licensed
in this state, who wishes to perform practices under the provisions of this chapter for a period not to exceed ninety days
within a calendar year, must petition the board for a temporary permit to perform such practices. If the person is
licensed or certified in another state deemed by the board to
have standards equivalent to this chapter, or if the person is a
member of a professional organization and holds a certificate
deemed by the board to meet standards equivalent to this
chapter, a permit may be issued. No fee shall be charged for
such temporary permit. [2004 c 262 § 11; 1996 c 191 § 67;
1984 c 279 § 82; 1975 1st ex.s. c 30 § 73; 1965 c 70 § 23.]
Findings—2004 c 262: See note following RCW 18.06.050.
Severability—1984 c 279: See RCW 18.130.901.
18.83.090
18.83.090 Continuing education requirements—
License renewal. The board shall establish rules governing
mandatory continuing education requirements which shall be
met by any psychologist applying for a license renewal.
Administrative procedures, administrative requirements, and
fees for renewal and reissue of licenses shall be established as
provided in RCW 43.70.250 and 43.70.280. [1996 c 191 §
68; 1991 c 3 § 200; 1984 c 279 § 83; 1977 c 58 § 1; 1975 1st
[Title 18 RCW—page 210]
ex.s. c 30 § 74; 1971 ex.s. c 266 § 16; 1965 c 70 § 9; 1955 c
305 § 9.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.105
18.83.105 Certificates of qualification. The board
may issue certificates of qualification with appropriate title to
applicants who meet all the licensing requirements except the
possession of the degree of Doctor of Philosophy or its equivalent in psychology from an accredited educational institution. These certificates of qualification certify that the holder
has been examined by the board and is deemed competent to
perform certain functions within the practice of psychology
under the periodic direct supervision of a psychologist
licensed by the board. Such functions will be specified on the
certificate issued by the board. Such applicant shall comply
with administrative procedures, administrative requirements,
and fees determined under RCW 43.70.250 and 43.70.280.
Upon petition by a holder the board of examiners may grant
authority to function without immediate supervision. [1996 c
191 § 69; 1991 c 3 § 201; 1985 c 7 § 67; 1975 1st ex.s. c 30 §
75; 1965 c 70 § 22.]
18.83.110
18.83.110 Privileged communications. Confidential
communications between a client and a psychologist shall be
privileged against compulsory disclosure to the same extent
and subject to the same conditions as confidential communications between attorney and client, but this exception is subject to the limitations under RCW 70.96A.140 and 71.05.250.
[1989 c 271 § 303; 1987 c 439 § 12; 1965 c 70 § 11; 1955 c
305 § 11.]
Severability—1989 c 271: See note following RCW 9.94A.510.
18.83.115
18.83.115 Duty to disclose information to client. (1)
Psychologists licensed under this chapter shall provide clients at the commencement of any program of treatment with
accurate disclosure information concerning their practice, in
accordance with guidelines developed by the board, which
will inform clients of the purposes of and resources available
under this chapter, including the right of clients to refuse
treatment, the responsibility of clients for choosing the provider and treatment modality which best suits their needs, and
the extent of confidentiality provided by this chapter. The
disclosure information provided by the psychologist, the
receipt of which shall be acknowledged in writing by the psychologist and client, shall include any relevant education and
training, the therapeutic orientation of the practice, the proposed course of treatment where known, any financial
requirements, and such other information as the board may
require by rule.
(2) In in-patient settings, the health facility shall provide
clients with the disclosure statement at the commencement of
any program of treatment, and shall post the statement in a
conspicuous location accessible to the client.
(3) The board shall provide for modification of the
guidelines as appropriate in cases where the client has been
referred by the court, a state agency, or other governmental
body to a particular provider for specified evaluation or treatment. [1986 c 27 § 9.]
(2004 Ed.)
Psychologists
18.83.121
18.83.121 Unprofessional conduct. In addition to
those acts defined in chapter 18.130 RCW, the board may
take disciplinary action under RCW 18.130.160 for the following reasons:
(1) Failing to maintain the confidentiality of information
under RCW 18.83.110;
(2) Violating the ethical code developed by the board
under RCW 18.83.050;
(3) Failing to inform prospective research subjects or
their authorized representatives of the possible serious effects
of participation in research; and failing to undertake reasonable efforts to remove possible harmful effects of participation;
(4) Practicing in an area of psychology for which the person is clearly untrained or incompetent;
(5) Failing to exercise appropriate supervision over persons who practice under the supervision of a psychologist;
(6) Using fraud or deceit in the procurement of the psychology license, or knowingly assisting another in the procurement of such a license through fraud or deceit;
(7) Failing to maintain professional liability insurance
when required by the board;
(8) Violating any state statute or administrative rule specifically governing the practice of psychology; or
(9) Gross, wilful, or continued overcharging for professional services. [1987 c 150 § 52.]
Severability—1987 c 150: See RCW 18.122.901.
18.83.135
18.83.135 Examining board—Powers and duties. In
addition to the authority prescribed under RCW 18.130.050,
the board shall have the following authority:
(1) To maintain records of all activities, and to publish
and distribute to all psychologists at least once each year
abstracts of significant activities of the board;
(2) To obtain the written consent of the complaining client or patient or their legal representative, or of any person
who may be affected by the complaint, in order to obtain
information which otherwise might be confidential or privileged; and
(3) To apply the provisions of the uniform disciplinary
act, chapter 18.130 RCW, to all persons licensed as psychologists under this chapter. [2000 c 93 § 7; 1999 c 66 § 2; 1994
c 35 § 4; 1992 c 12 § 1; 1987 c 150 § 53; 1984 c 279 § 86.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1984 c 279: See RCW 18.130.901.
18.83.155
18.83.155 Examining board—Notice of disciplinary
action. The board shall report to appropriate national and
state organizations which represent the profession of psychology any disciplinary action. [1994 c 35 § 5; 1987 c 150
§ 54; 1984 c 279 § 89.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1984 c 279: See RCW 18.130.901.
18.83.170
18.83.170 License without oral examination. Upon
compliance with administrative procedures, administrative
requirements, and fees determined under RCW 43.70.250
and 43.70.280, the board may grant a license, without oral
examination, to any applicant who has not previously failed
any examination held by the board of psychology of the state
(2004 Ed.)
18.83.200
of Washington and furnishes evidence satisfactory to the
board that the applicant:
(1) Holds a doctoral degree with primary emphasis on
psychology from an accredited college or university; and
(2)(a) Is licensed or certified to practice psychology in
another state or country in which the requirements for such
licensing or certification are, in the judgment of the board,
essentially equivalent to those required by this chapter and
the rules and regulations of the board. Such individuals must
have been licensed or certified in another state for a period of
at least two years; or
(b) Is a diplomate in good standing of the American
Board of Examiners in Professional Psychology; or
(c) Is a member of a professional organization and holds
a certificate deemed by the board to meet standards equivalent to this chapter. [2004 c 262 § 12; 1996 c 191 § 70; 1991
c 3 § 202; 1984 c 279 § 92; 1975 1st ex.s. c 30 § 76; 1965 c
70 § 17; 1955 c 305 § 17.]
Findings—2004 c 262: See note following RCW 18.06.050.
Severability—1984 c 279: See RCW 18.130.901.
18.83.180
18.83.180 Penalties. It shall be a gross misdemeanor
and unlicensed practice for any person to:
(1) Use in connection with his or her name any designation tending to imply that he or she is a licensed psychologist
unless duly licensed under or specifically excluded from the
provisions of this chapter;
(2) Practice as a licensed psychologist during the time
his or her license issued under the provisions of this chapter
is suspended or revoked. [1987 c 150 § 55; 1965 c 70 § 18;
1955 c 305 § 18.]
Severability—1987 c 150: See RCW 18.122.901.
18.83.190
18.83.190 Injunction. If any person represents himself
or herself to be a psychologist, unless the person is exempt
from the provisions of this chapter, without possessing a
valid license, certificated qualification, or a temporary permit
to do so, or if he or she violates any of the provisions of this
chapter, any prosecuting attorney, the secretary, or any citizen of the same county may maintain an action in the name of
the state to enjoin such person from representing himself or
herself as a psychologist. The injunction shall not relieve the
person from criminal prosecution, but the remedy by injunction shall be in addition to the liability of such offender to
criminal prosecution and to suspension or revocation of his or
her license. [1991 c 3 § 203; 1986 c 27 § 8; 1965 c 70 § 24.]
18.83.200
18.83.200 Exemptions. This chapter shall not apply to:
(1) Any person teaching, lecturing, consulting, or engaging in research in psychology but only insofar as such activities are performed as a part of or are dependent upon a position in a college or university in the state of Washington.
(2) Any person who holds a valid school psychologist
credential from the Washington state board of education but
only when such a person is practicing psychology in the
course of his or her employment.
(3) Any person employed by a local, state, or federal
government agency whose psychologists must qualify for
employment under federal or state certification or civil ser[Title 18 RCW—page 211]
18.83.210
Title 18 RCW: Businesses and Professions
vice regulations; but only at those times when that person is
carrying out the functions of his or her employment.
(4) Any person who must qualify under the employment
requirements of a business or industry and who is employed
by a business or industry which is not engaged in offering
psychological services to the public, but only when such person is carrying out the functions of his or her employment:
PROVIDED, That no person exempt from licensing under
this subsection shall engage in the clinical practice of psychology.
(5) Any person who is a student of psychology, psychological intern, or resident in psychology preparing for the
profession of psychology under supervision in a training
institution or facilities and who is designated by the title such
as "psychological trainee," "psychology student," which
thereby indicates his or her training status.
(6) Any person who has received a doctoral degree from
an accredited institution of higher learning with an adequate
major in sociology or social psychology as determined by the
board and who has passed comprehensive examinations in
the field of social psychology as part of the requirements for
the doctoral degree. Such persons may use the title "social
psychologist" provided that they file a statement of their education with the board. [1986 c 27 § 10; 1965 c 70 § 19.]
18.83.210
18.83.210 Certain counseling or guidance not prohibited. Nothing in this chapter shall be construed as prohibiting any individual from offering counseling or guidance
provided that such individuals do not hold themselves forth
as psychologists. [1965 c 70 § 25.]
18.83.900
18.83.900 Severability—1965 c 70. If any provision of
this 1965 amendatory act, or its application to any person or
circumstance is held invalid, the remainder of the 1965 amendatory act, or the application of the provision to other persons
or circumstances is not affected. [1965 c 70 § 26.]
Chapter 18.84
Chapter 18.84 RCW
RADIOLOGIC TECHNOLOGISTS
Sections
18.84.010
18.84.020
18.84.030
18.84.040
18.84.050
18.84.070
18.84.080
18.84.090
18.84.100
18.84.110
18.84.120
18.84.130
18.84.140
18.84.150
18.84.160
18.84.170
18.84.901
18.84.902
18.84.903
Legislative intent—Insurance coverage not required.
Definitions.
Registration or certificate required.
Powers of secretary—Application of Uniform Disciplinary
Act—Ad hoc advisers.
Record of proceedings.
Secretary and ad hoc committee immune from liability.
Certification—Qualifications.
Certification—Approval of schools and training.
Certification—Application form—Fee.
Renewal of certificates.
Registration—Fee—Requirements.
Educational material.
Application of chapter—Exemption for authorized scope of
practice.
Application of chapter—Exemption for dentists.
Application of chapter—Exemption for chiropractors.
Registration deadline.
Effective date—1987 c 412.
Severability—1987 c 412.
Effective date—1991 c 222.
Regulation of health professions—Criteria: Chapter 18.120 RCW.
[Title 18 RCW—page 212]
18.84.010
18.84.010 Legislative intent—Insurance coverage
not required. It is the intent and purpose of this chapter to
protect the public by the certification and registration of practitioners of radiological technology. By promoting high standards of professional performance, by requiring professional
accountability, and by credentialing those persons who seek
to provide radiological technology under the title of radiological technologists, and by regulating all persons utilizing ionizing radiation on human beings this chapter identifies those
practitioners who have achieved a particular level of competency. Nothing in this chapter shall be construed to require
that individual or group policies or contracts of an insurance
carrier, health care service contractor, or health maintenance
organization provide benefits or coverage for services and
supplies provided by a person certified under this chapter.
The legislature finds and declares that this chapter conforms to the guidelines, terms, and definitions for the credentialing of health or health-related professions specified under
chapter 18.120 RCW. [1991 c 222 § 1; 1987 c 412 § 1.]
18.84.020
18.84.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Licensed practitioner" means any licensed health
care practitioner performing services within the person's
authorized scope of practice.
(4) "Radiologic technologist" means an individual certified under this chapter, other than a licensed practitioner,
who practices radiologic technology as a:
(a) Diagnostic radiologic technologist, who is a person
who actually handles x-ray equipment in the process of
applying radiation on a human being for diagnostic purposes
at the direction of a licensed practitioner, this includes
parenteral procedures related to radiologic technology when
performed under the direct supervision of a physician
licensed under chapter 18.71 or 18.57 RCW; or
(b) Therapeutic radiologic technologist, who is a person
who uses radiation-generating equipment for therapeutic purposes on human subjects at the direction of a licensed practitioner, this includes parenteral procedures related to radiologic technology when performed under the direct supervision of a physician licensed under chapter 18.71 or 18.57
RCW; or
(c) Nuclear medicine technologist, who is a person who
prepares radiopharmaceuticals and administers them to
human beings for diagnostic and therapeutic purposes and
who performs in vivo and in vitro detection and measurement
of radioactivity for medical purposes at the direction of a
licensed practitioner.
(5) "Approved school of radiologic technology" means a
school of radiologic technology approved by the council on
medical education of the American medical association or a
school found to maintain the equivalent of such a course of
study as determined by the department. Such school may be
operated by a medical or educational institution, and for the
purpose of providing the requisite clinical experience, shall
be affiliated with one or more general hospitals.
(2004 Ed.)
Radiologic Technologists
(6) "Radiologic technology" means the use of ionizing
radiation upon a human being for diagnostic or therapeutic
purposes.
(7) "Radiologist" means a physician certified by the
American board of radiology or the American osteopathic
board of radiology.
(8) "Registered x-ray technician" means a person who is
registered with the department, and who applies ionizing
radiation at the direction of a licensed practitioner and who
does not perform parenteral procedures. [2000 c 93 § 42;
1994 sp.s. c 9 § 505; 1991 c 222 § 2; 1991 c 3 § 204; 1987 c
412 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.100
of registrants and certificants under this chapter. The secretary is the disciplining authority under this chapter.
(4) The secretary may appoint ad hoc members of the
profession to serve in an ad hoc advisory capacity to the secretary in carrying out this chapter. The members will serve
for designated times and provide advice on matters specifically identified and requested by the secretary. The members
shall be compensated in accordance with RCW 43.03.220
and reimbursed for travel expenses under RCW 43.03.040
and 43.03.060. [1994 sp.s. c 9 § 506; 1991 c 222 § 11; 1991
c 3 § 205; 1987 c 412 § 5.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.050 Record of proceedings. The secretary shall
keep an official record of all proceedings, a part of which
record shall consist of a register of all applicants for certification under this chapter, with the result of each application.
[1991 c 3 § 206; 1987 c 412 § 6.]
18.84.050
18.84.030
18.84.030 Registration or certificate required. No
person may practice radiologic technology without being registered or certified under this chapter, unless that person is a
licensed practitioner as defined in RCW 18.84.020(3). A person represents himself or herself to the public as a certified
radiological technologist when that person adopts or uses a
title or description of services that incorporates one or more
of the following items or designations:
(1) Certified radiologic technologist or CRT, for persons
so certified under this chapter;
(2) Certified radiologic therapy technologist, CRTT, or
CRT, for persons certified in the therapeutic field;
(3) Certified radiologic diagnostic technologist, CRDT,
or CRT, for persons certified in the diagnostic field; or
(4) Certified nuclear medicine technologist, CNMT, or
CRT, for persons certified as nuclear medicine technologists.
[1991 c 222 § 3; 1987 c 412 § 2.]
18.84.040
18.84.040 Powers of secretary—Application of Uniform Disciplinary Act—Ad hoc advisers. (1) In addition to
any other authority provided by law, the secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW,
necessary to implement this chapter;
(b) Set all registration, certification, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Evaluate and designate those schools from which
graduation will be accepted as proof of an applicant's eligibility to receive a certificate;
(e) Determine whether alternative methods of training
are equivalent to formal education, and to establish forms,
procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to
receive a certificate;
(f) Issue a certificate to any applicant who has met the
education, training, and conduct requirements for certification; and
(g) Issue a registration to an applicant who meets the
requirement for a registration.
(2) The secretary may hire clerical, administrative, and
investigative staff as needed to implement this chapter.
(3) The Uniform Disciplinary Act, chapter 18.130 RCW,
governs the issuance and denial of registrations and certifications, unregistered and uncertified practice, and the discipline
(2004 Ed.)
18.84.070 Secretary and ad hoc committee immune
from liability. The secretary, ad hoc committee members, or
individuals acting on their behalf are immune from suit in any
civil action based on any certification or disciplinary proceedings or other official acts performed in the course of their
duties. [1994 sp.s. c 9 § 507; 1991 c 3 § 208; 1987 c 412 § 8.]
18.84.070
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.080 Certification—Qualifications. (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction, that the following
requirements have been met:
(a) Graduation from an approved school or successful
completion of alternate training that meets the criteria established by the secretary; and
(b) Good moral character.
(2) Applicants shall be subject to the grounds for denial
or issuance of a conditional license under chapter 18.130
RCW.
(3) The secretary shall establish by rule what constitutes
adequate proof of meeting the requirements for certification
and for designation of certification in a particular field of
radiologic technology. [1991 c 3 § 209; 1987 c 412 § 9.]
18.84.080
18.84.090 Certification—Approval of schools and
training. The secretary shall establish by rule the standards
and procedures for approval of schools and alternate training,
and may contract with individuals or organizations having
expertise in the profession or in education to assist in evaluating those applying for approval. The standards and procedures set shall apply equally to schools and training within
the United States and those in foreign jurisdictions. [1994
sp.s. c 9 § 508; 1991 c 3 § 210; 1987 c 412 § 10.]
18.84.090
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.100 Certification—Application form—Fee.
Applications for certification must be submitted on forms
provided by the secretary. The secretary may require any
information and documentation that reasonably relates to the
18.84.100
[Title 18 RCW—page 213]
18.84.110
Title 18 RCW: Businesses and Professions
determination of whether the applicant meets the requirements for certification provided for in this chapter and chapter 18.130 RCW. Each applicant shall comply with administrative procedures, administrative requirements, and fees
determined by the secretary as provided in RCW 43.70.250
and 43.70.280. [1996 c 191 § 71; 1991 c 3 § 211; 1987 c 412
§ 11.]
18.84.170
18.84.170 Registration deadline. Persons required to
register under this chapter must be registered by January 1,
1992. [1991 c 222 § 10.]
18.84.901
18.84.901 Effective date—1987 c 412. This act shall
take effect October 1, 1987. [1987 c 412 § 17.]
18.84.902
18.84.110
18.84.110 Renewal of certificates. The secretary shall
establish the administrative procedures, administrative
requirements, and fees for renewal of certificates as provided
in RCW 43.70.250 and 43.70.280. [1996 c 191 § 72; 1994
sp.s. c 9 § 509; 1991 c 3 § 212; 1987 c 412 § 12.]
18.84.902 Severability—1987 c 412. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 412 § 21.]
18.84.903
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.120
18.84.120 Registration—Fee—Requirements. The
secretary may issue a registration to an applicant who submits, on forms provided by the department, the applicant's
name, the address, occupational title, name and location of
business where applicant performs his or her services, and
other information as determined by the secretary, including
information necessary to determine whether there are
grounds for denial of registration under this chapter or chapter 18.130 RCW. Each applicant shall pay a fee as determined
by the secretary as provided in RCW 43.70.250 and
43.70.280. The secretary shall establish the administrative
procedures, administrative requirements, and fees for registration and for renewal of registrations as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 73; 1991 c 222 § 4.]
18.84.903 Effective date—1991 c 222. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1991.
[1991 c 222 § 14.]
Chapter 18.85 RCW
REAL ESTATE BROKERS AND SALESPERSONS
Chapter 18.85
Sections
18.85.010
18.85.030
18.85.040
18.85.050
18.85.055
18.85.060
18.85.071
18.85.080
18.85.085
18.84.130
18.84.130 Educational material. The secretary may
provide educational materials and training to registered x-ray
technicians, certified radiologic technologists, licensed practitioners and the public concerning, but not limited to, health
risks associated with ionizing radiation, proper radiographic
techniques, and x-ray equipment maintenance. The secretary
may charge fees to recover the cost of providing educational
materials and training. [1991 c 222 § 5.]
18.84.140
18.84.140 Application of chapter—Exemption for
authorized scope of practice. Nothing in this chapter may
be construed to prohibit or restrict the practice of a profession
by a person who is either registered, certified, licensed, or
similarly regulated under the laws of this state who is performing services within the person's authorized scope of
practice. [1991 c 222 § 6.]
18.84.150
18.84.150 Application of chapter—Exemption for
dentists. This chapter does not apply to practitioners
licensed under chapter 18.32 RCW or unlicensed persons
supervised by persons licensed under chapter 18.32 RCW.
[1991 c 222 § 7.]
18.84.160
18.84.160 Application of chapter—Exemption for
chiropractors. This chapter does not apply to practitioners
licensed under chapter 18.25 RCW or unlicensed persons
supervised by persons licensed under chapter 18.25 RCW.
[1991 c 222 § 8.]
[Title 18 RCW—page 214]
18.85.090
18.85.095
18.85.097
18.85.100
18.85.110
18.85.120
18.85.130
18.85.140
18.85.150
18.85.155
18.85.165
18.85.170
18.85.180
18.85.190
18.85.200
18.85.210
18.85.215
18.85.220
18.85.225
18.85.227
18.85.230
18.85.240
18.85.261
18.85.271
18.85.281
18.85.310
18.85.315
18.85.317
18.85.320
18.85.330
18.85.340
18.85.343
18.85.345
18.85.350
18.85.400
Definitions.
Employees.
Director—General powers and duties.
Director and employees business interest prohibited.
Licensure of state employees conducting real estate transactions.
Director's seal.
Real estate commission created—Qualifications, terms,
appointment of members—Vacancies.
Commission—Compensation and travel expenses.
Commission—Educational conferences—Examinations of
applicants for licenses.
Broker's license—Requirements—Exception.
Salespersons—Requirements—Renewal—Exception.
Substitution of educational requirements—Rules.
License required—Prerequisite to suit for commission.
Exemptions from licensing.
Applications—Conditions—Fees.
Examinations—Scope—Manual—Moneys from sale.
License fees—Expiration—Renewal—Identification cards.
Temporary permits.
Responsibility for conduct of subordinates.
Licenses—Continuing education.
Licenses—Restrictions as to use—Exceptions.
Licenses—Office required—Display of license.
Licenses—Branch office.
Licenses—Change of location.
Publication of chapter—Distribution.
Inactive licenses.
License fees—Real estate commission account.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Disciplinary action—Grounds.
Disciplinary action—Director's delegation of authority.
Disciplinary action—Hearing—Conduct of.
Disciplinary action—Order—Appeal.
Appeal—Transcript—Cost.
Broker's records—Separate accounts—Interest-bearing trust
accounts—Disposition of interest.
Distribution of interest from brokers' trust accounts.
Real estate education account.
Salespersons, associate brokers—Termination of services.
Sharing commissions.
Violations—Penalty.
Violations—Cease and desist orders.
Attorney general as legal advisor.
Enforcement provisions.
Multiple listing associations—Entrance requirements.
(2004 Ed.)
Real Estate Brokers and Salespersons
18.85.450
18.85.460
18.85.470
18.85.480
18.85.520
18.85.530
18.85.540
18.85.550
18.85.560
18.85.900
18.85.910
18.85.920
Land development representative—Registration—Minimum
requirements.
Land development representative—Registration issued to
employing broker—Display—Fee—Transferability—
Period of validity.
Land development representative—Authorized activities—
"Land development" defined.
Land development representative—Responsibility of employing broker—Violations.
Fee assessed.
Washington real estate research account—Creation.
Real estate research center—Purpose.
Uniform regulation of business and professions act.
Out-of-state broker/salesperson/associate broker—Requirements in lieu of licensing.
Severability—1941 c 252.
Severability—1951 c 222.
Severability—1972 ex.s. c 139.
Excise tax on real estate sales: Chapter 82.45 RCW.
Real estate salesman or broker on commission not subject to unemployment
compensation: RCW 50.04.230.
18.85.010 Definitions. In this chapter words and
phrases have the following meanings unless otherwise apparent from the context:
(1) "Real estate broker," or "broker," means a person,
while acting for another for commissions or other compensation or the promise thereof, or a licensee under this chapter
while acting in his or her own behalf, who:
(a) Sells or offers for sale, lists or offers to list, buys or
offers to buy real estate or business opportunities, or any
interest therein, for others;
(b) Negotiates or offers to negotiate, either directly or
indirectly, the purchase, sale, exchange, lease, or rental of
real estate or business opportunities, or any interest therein,
for others;
(c) Negotiates or offers to negotiate, either directly or
indirectly, the purchase, sale, lease, or exchange of a manufactured or mobile home in conjunction with the purchase,
sale, exchange, rental, or lease of the land upon which the
manufactured or mobile home is, or will be, located;
(d) Advertises or holds himself or herself out to the public by any oral or printed solicitation or representation that he
or she is so engaged; or
(e) Engages, directs, or assists in procuring prospects or
in negotiating or closing any transaction which results or is
calculated to result in any of these acts;
(2) "Real estate salesperson" or "salesperson" means any
natural person employed, either directly or indirectly, by a
real estate broker, or any person who represents a real estate
broker in the performance of any of the acts specified in subsection (1) of this section;
(3) An "associate real estate broker" is a person who has
qualified as a "real estate broker" who works with a broker
and whose license states that he or she is associated with a
broker;
(4) The word "person" as used in this chapter shall be
construed to mean and include a corporation, limited liability
company, limited liability partnership, or partnership, except
where otherwise restricted;
(5) "Business opportunity" shall mean and include business, business opportunity and good will of an existing business or any one or combination thereof;
(6) "Commission" means the real estate commission of
the state of Washington;
(7) "Director" means the director of licensing;
18.85.010
(2004 Ed.)
18.85.040
(8) "Real estate multiple listing association" means any
association of real estate brokers:
(a) Whose members circulate listings of the members
among themselves so that the properties described in the listings may be sold by any member for an agreed portion of the
commission to be paid; and
(b) Which require in a real estate listing agreement
between the seller and the broker, that the members of the
real estate multiple listing association shall have the same
rights as if each had executed a separate agreement with the
seller;
(9) "Clock hours of instruction" means actual hours
spent in classroom instruction in any tax supported, public
technical college, community college, or any other institution
of higher learning or a correspondence course from any of the
aforementioned institutions certified by such institution as
the equivalent of the required number of clock hours, and the
real estate commission may certify courses of instruction
other than in the aforementioned institutions;
(10) "Incapacitated" means the physical or mental inability to perform the duties of broker prescribed by this chapter;
and
(11) "Commercial real estate" means any parcel of real
estate in this state other than real estate containing one to four
residential units. "Commercial real estate" does not include a
single-family residential lot or single-family residential units
such as condominiums, townhouses, manufactured homes, or
homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even when those units are part
of a larger building or parcel of real estate, unless the property is sold or leased for a commercial purpose. [2003 c 201
§ 1; 1998 c 46 § 2; 1997 c 322 § 1; 1987 c 332 § 1; 1981 c 305
§ 1; 1979 c 158 § 68; 1977 ex.s. c 370 § 1; 1973 1st ex.s. c 57
§ 1; 1972 ex.s. c 139 § 1; 1969 c 78 § 1; 1953 c 235 § 1; 1951
c 222 § 1; 1943 c 118 § 1; 1941 c 252 § 2; Rem. Supp. 1943
§ 8340-25. Prior: 1925 ex.s. c 129 § 4.]
18.85.030
18.85.030 Employees. The director shall appoint an
adequate staff to assist him or her. [1997 c 322 § 2; 1972
ex.s. c 139 § 2; 1951 c 222 § 2; 1945 c 111 § 1, part; 1941 c
252 § 5, part; Rem. Supp. 1945 § 8340-28, part.]
18.85.040
18.85.040 Director—General powers and duties. (1)
The director, with the advice and approval of the commission, may issue rules and regulations to govern the activities
of real estate brokers, associate real estate brokers and salespersons, consistent with this chapter and chapter 18.235
RCW, fix the times and places for holding examinations of
applicants for licenses and prescribe the method of conducting them.
(2) The director shall enforce all laws, rules, and regulations relating to the licensing of real estate brokers, associate
real estate brokers, and salespersons, grant or deny licenses to
real estate brokers, associate real estate brokers, and salespersons, and hold hearings.
(3) The director shall establish by rule standards for
licensure of applicants licensed in other jurisdictions.
(4) The director shall institute a program of real estate
education including, but not limited to, instituting a program
of education at institutions of higher education in Washing[Title 18 RCW—page 215]
18.85.050
Title 18 RCW: Businesses and Professions
ton. The overall program shall include establishing minimum
levels of ongoing education for licensees relating to the practice of real estate by real estate brokers and salespersons
under this chapter. The program may also include the development or implementation of curricula courses, educational
materials, or approaches to education relating to real estate
when required, approved, or certified for continuing education credit. The director may enter into contracts with other
persons or entities, whether publicly or privately owned or
operated, to assist in developing or implementing the real
estate education program.
(5) The director shall charge a fee, as prescribed by the
director by rule, for the certification of courses of instruction,
instructors, and schools. [2002 c 86 § 229; 1992 c 92 § 1;
1988 c 205 § 2; 1987 c 332 § 2; 1972 ex.s. c 139 § 3; 1953 c
235 § 2; 1951 c 222 § 3; 1941 c 252 § 4; Rem. Supp. 1941 §
8340-27. Prior: 1925 ex.s. c 129 § 2.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
The six commission members shall be appointed by the
governor in the following manner: For a term of six years
each, with the exception of the first appointees, who shall be
appointed one for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four
years, one for a term of five years, and one for a term of six
years, with all other subsequent appointees to be appointed
for a six year term. At least two of the commission members
shall be selected from the area in the state west of the Cascade
mountain range and at least two shall be selected from that
area of the state east of the Cascade mountain range. No commission member shall be appointed who has had less than
five years experience in the sale, operation, or management
of real estate in this state, or has had at least three years experience in investigative work of a similar nature, preferably in
connection with the administration of real estate license law
of this state or elsewhere. Any vacancies on the commission
shall be filled by appointment by the governor for the unexpired term. [1972 ex.s. c 139 § 6; 1953 c 235 § 17.]
18.85.080 Commission—Compensation and travel
expenses. The six board members of the commission shall
be compensated in accordance with RCW 43.03.240, plus
travel expenses in accordance with RCW 43.03.050 and
43.03.060 when they shall be called into session by the director or when presiding at examinations for applicants for
licenses or when otherwise engaged in the business of the
commission. [1984 c 287 § 49; 1975-'76 2nd ex.s. c 34 § 49;
1953 c 235 § 4; 1951 c 222 § 6; 1941 c 252 § 14; Rem. Supp.
1941 § 8340-37.]
18.85.080
Effective date—1992 c 92: "This act shall take effect July 1, 1993."
[1992 c 92 § 5.]
18.85.050
18.85.050 Director and employees business interest
prohibited. Neither the director nor any employees, shall be
interested in any real estate business regulated by chapter
139, Laws of 1972 ex. sess.: PROVIDED, That if any real
estate broker, associate real estate broker, or salesman is
employed by the director or by the commission as an
employee, the license of such broker, associate real estate
broker, or salesman shall not be revoked, suspended, or canceled by reason thereof. [1972 ex.s. c 139 § 4; 1953 c 235 §
3; 1951 c 222 § 4; 1945 c 111 § 1, part; 1941 c 252 § 5, part;
Rem. Supp. 1945 § 8340-28, part.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.85.085 Commission—Educational conferences—
Examinations of applicants for licenses. The commission
shall have authority to hold educational conferences for the
benefit of the industry, and shall conduct examinations of
applicants for licenses under this chapter. The commission
shall ensure that examinations are prepared and administered
at examination centers throughout the state. [1997 c 322 § 4;
1977 ex.s. c 24 § 1; 1953 c 235 § 18.]
18.85.085
18.85.055
18.85.055 Licensure of state employees conducting
real estate transactions. No person licensed under this
chapter who is employed by the state and who is conducting
real estate transactions on behalf of the state may hold an
active license under this chapter. [1987 c 514 § 2.]
Severability—1987 c 514: See RCW 18.118.900.
18.85.060
18.85.060 Director's seal. The director shall adopt a
seal with the words real estate director, state of Washington,
and such other device as the director may approve engraved
thereon, by which he or she shall authenticate the proceedings of the office. Copies of all records and papers in the
office of the director certified to be a true copy under the hand
and seal of the director shall be received in evidence in all
cases equally and with like effect as the originals. The director may deputize one or more assistants to certify records and
papers. [1997 c 322 § 3; 1972 ex.s. c 139 § 5; 1941 c 252 §
8; RRS § 8340-31. Prior: 1925 ex.s. c 129 § 7.]
18.85.071
18.85.071 Real estate commission created—Qualifications, terms, appointment of members—Vacancies.
There is established the real estate commission of the state of
Washington, consisting of the director of the commission and
six commission members who shall act in an advisory capacity to the director.
[Title 18 RCW—page 216]
18.85.090 Broker's license—Requirements—Exception. (1) The minimum requirements for an individual to
receive a broker's license are that the individual:
(a) Is eighteen years of age or older;
(b) Has a high school diploma or its equivalent;
(c) Has had a minimum of two years of actual experience
as a full-time real estate salesperson in this state or in another
state having comparable requirements within the five years
previous to applying for the broker's license examination or
is, in the opinion of the director, otherwise and similarly qualified, or is otherwise qualified by reason of practical experience in a business allied with or related to real estate;
(d) Except as provided in RCW 18.85.097, has furnished
proof, as the director may require, that the applicant has successfully completed one hundred twenty hours of instruction
in real estate. Instruction must include one course in brokerage management, one course in real estate law, one course in
18.85.090
(2004 Ed.)
Real Estate Brokers and Salespersons
business management, and one elective course. Each course
must be completed within five years prior to applying for the
broker's license examination, be at least thirty clock hours,
and be approved by the director. The applicant must pass a
course examination, approved by the director for each course
used to satisfy the broker's license requirement; and
(e) Has passed the broker's license examination.
(2) Nothing in this section applies to persons who are
licensed as brokers under any real estate law in Washington
that exists prior to this law's enactment, but only if their
license has not been subsequently canceled or revoked.
[1994 c 291 § 1; 1985 c 162 § 1; 1972 ex.s. c 139 § 8; 1953 c
235 § 5; 1951 c 222 § 7; 1941 c 252 § 15; Rem. Supp. 1941 §
8340-38.]
Effective date—1994 c 291: "This act shall take effect July 1, 1995."
[1994 c 291 § 5.]
18.85.095
18.85.095 Salespersons—Requirements—Renewal—
Exception. (1) The minimum requirements for an individual
to receive a salesperson's license are that the individual:
(a) Is eighteen years of age or older;
(b) Except as provided in RCW 18.85.097, has furnished
proof, as the director may require, that the applicant has successfully completed a sixty clock-hour course, approved by
the director, in real estate fundamentals. The applicant must
pass a course examination approved by the director. This
course must be completed within five years prior to applying
for the salesperson's license examination; and
(c) Has passed a salesperson's license examination.
(2) The minimum requirements for a salesperson to be
issued the first renewal of a license are that the salesperson:
(a) Has furnished proof, as the director may require, that
the salesperson has successfully completed a thirty clockhour course, from a prescribed curriculum approved by the
director, in real estate practices. The salesperson must pass a
course examination approved by the director. This course
shall be commenced after issuance of a first license; and
(b) Has furnished proof, as the director may require, that
the salesperson has completed an additional thirty clock
hours of continuing education in compliance with RCW
18.85.165. Courses for continuing education clock-hour
credit shall be commenced after issuance of a first license.
(3) Nothing in this section applies to persons who are
licensed as salespersons under any real estate law in Washington which exists prior to this law's enactment, but only if
their license has not been subsequently canceled or revoked.
[1997 c 322 § 5; 1994 c 291 § 2; 1988 c 205 § 3; 1987 c 332
§ 3; 1985 c 162 § 2; 1977 ex.s. c 370 § 2; 1972 ex.s. c 139 §
7.]
Effective date—1994 c 291: See note following RCW 18.85.090.
18.85.120
shall establish by rule, guidelines for determining equivalent
educational coursework. [1994 c 291 § 4; 1987 c 332 § 18.]
Effective date—1994 c 291: See note following RCW 18.85.090.
18.85.100
18.85.100 License required—Prerequisite to suit for
commission. It shall be unlawful for any person to act as a
real estate broker, associate real estate broker, or real estate
salesperson without first obtaining a license therefor, and otherwise complying with the provisions of this chapter.
No suit or action shall be brought for the collection of
compensation as a real estate broker, associate real estate broker, or real estate salesperson, without alleging and proving
that the plaintiff was a duly licensed real estate broker, associate real estate broker, or real estate salesperson prior to the
time of offering to perform any such act or service or procuring any promise or contract for the payment of compensation
for any such contemplated act or service. [1997 c 322 § 6;
1972 ex.s. c 139 § 9; 1951 c 222 § 8. Formerly: (i) 1941 c 252
§ 6; Rem. Supp. 1941 § 8340-29. (ii) 1941 c 252 § 25; Rem.
Supp. 1941 § 8340-48.]
18.85.110
18.85.110 Exemptions from licensing. This chapter
shall not apply to (1) any person who purchases property
and/or a business opportunity for his or her own account, or
that of a group of which he or she is a member, or who, as the
owner or part owner of property, and/or a business opportunity, in any way disposes of the same; nor, (2) any duly
authorized attorney in fact acting without compensation, or
an attorney at law in the performance of his or her duties; nor,
(3) any receiver, trustee in bankruptcy, executor, administrator, guardian, or any person acting under the order of any
court, or selling under a deed of trust; nor, (4) any secretary,
bookkeeper, accountant, or other office personnel who does
not engage in any conduct or activity specified in any of the
definitions under RCW 18.85.010; nor, (5) any owner of
rental or lease property, members of the owner's family
whether or not residing on such property, or a resident manager of a complex of residential dwelling units wherein such
manager resides; nor, (6) any person who manages residential
dwelling units on an incidental basis and not as his or her
principal source of income so long as that person does not
advertise or hold out to the public by any oral or printed solicitation or representation that he or she is so engaged; nor, (7)
only with respect to the rental or lease of individual storage
space, any person who owns or manages a self-service storage facility as defined under chapter 19.150 RCW. [1997 c
322 § 7; 1989 c 161 § 1; 1988 c 240 § 20; 1977 ex.s. c 370 §
9; 1972 ex.s. c 139 § 10; 1951 c 222 § 9; 1941 c 252 § 3; Rem.
Supp. 1941 § 8340-26. Prior: 1925 ex.s. c 129 § 4.]
Severability—1988 c 240: See RCW 19.150.904.
18.85.097
18.85.097 Substitution of educational requirements—Rules. The director may allow for substitution of
the clock-hour requirements in RCW 18.85.090(1)(d) and
18.85.095(1)(b), if the director makes a determination that
the individual is otherwise and similarly qualified by reason
of completion of equivalent educational coursework in any
institution of higher education as defined in RCW
28B.10.016 or any degree-granting institution as defined in
RCW 28B.85.010 approved by the director. The director
(2004 Ed.)
18.85.120
18.85.120 Applications—Conditions—Fees. Any person desiring to be a real estate broker, associate real estate
broker, or real estate salesperson, must pass an examination
as provided in this chapter. Such person shall make application for an examination and for a license on a form prescribed
by the director. Concurrently, the applicant shall:
(1) Pay an examination fee as prescribed by the director
by rule.
[Title 18 RCW—page 217]
18.85.130
Title 18 RCW: Businesses and Professions
(2) If the applicant is a corporation, furnish a certified
copy of its articles of incorporation, and a list of its officers
and directors and their addresses. If the applicant is a foreign
corporation, the applicant shall furnish a certified copy of
certificate of authority to conduct business in the state of
Washington, a list of its officers and directors and their
addresses, and evidence of current registration with the secretary of state. If the applicant is a limited liability company,
the applicant shall furnish a list of the members and managers
of the company and their addresses. If the applicant is a limited liability partnership or partnership, the applicant shall
furnish a list of the partners thereof and their addresses.
(3) Furnish such other proof as the director may require
concerning the honesty, truthfulness, and good reputation, as
well as the identity, which may include fingerprints, of any
applicants for a license, or of the officers of a corporation, or
limited liability company, or the partners of a limited liability
partnership or partnership, making the application. [1997 c
322 § 8; 1987 c 332 § 4; 1980 c 72 § 1; 1979 c 25 § 1. Prior:
1977 ex.s. c 370 § 3; 1977 ex.s. c 24 § 2; 1973 1st ex.s. c 42
§ 1; 1953 c 235 § 6; 1951 c 222 § 10. Formerly: (i) 1947 c
203 § 1, part; 1945 c 111 § 3, part; 1943 c 118 § 2, part; 1941
c 252 § 11, part; Rem. Supp. 1947 § 8340-34, part; prior:
1925 ex.s. c 129 §§ 10, 11. (ii) 1947 c 203 § 3; 1945 c 111 §
6; 1941 c 252 § 16; Rem. Supp. 1947 § 8340-39.]
18.85.130
18.85.130 Examinations—Scope—Manual—Moneys
from sale. The director shall provide each original applicant
for an examination with a manual containing a sample list of
questions and answers pertaining to real estate law and the
operation of the business and may provide the same at cost to
any licensee or to other members of the public. The director
shall ascertain by written examination, that each applicant,
and in case of a corporation, limited liability company, limited liability partnership, or partnership, that each officer,
agent, or partner thereof whom it proposes to act as licensee,
has:
(1) Appropriate knowledge of the English language,
including reading, writing, spelling, and arithmetic;
(2) An understanding of the principles of real estate conveyancing, the general purposes and legal effect of deeds,
mortgages, land contracts of sale, exchanges, rental and
option agreements, and leases;
(3) An understanding of the principles of land economics
and appraisals;
(4) An understanding of the obligations between principal and agent;
(5) An understanding of the principles of real estate practice and the canons of business ethics pertaining thereto; and,
(6) An understanding of the provisions of this chapter.
The examination for real estate brokers shall be more
exacting than that for real estate salespersons.
All moneys received for the sale of the manual to licensees and members of the public shall be placed in the real
estate commission fund to be returned to the current biennium operating budget. [1997 c 322 § 9; 1972 ex.s. c 139 §
11; 1951 c 222 § 11. Formerly: 1947 c 203 § 2, part; 1945 c
111 § 4, part; 1941 c 252 § 12, part; Rem. Supp. 1947 § 834035, part.]
[Title 18 RCW—page 218]
18.85.140
18.85.140 License fees—Expiration—Renewal—
Identification cards. Before receiving his or her license
every real estate broker, every associate real estate broker,
and every real estate salesperson must pay a license fee as
prescribed by the director by rule. Every license issued under
the provisions of this chapter expires on the applicant's second birthday following issuance of the license. Licenses
issued to partnerships, limited liability partnerships, limited
liability companies, and corporations expire on a date prescribed by the director by rule, except that if the registration
or certificate of authority filed with the secretary of state
expires, the real estate broker's license issued shall expire on
that date. Licenses must be renewed every two years on or
before the date established under this section and a biennial
renewal license fee as prescribed by the director by rule must
be paid.
If the application for a renewal license is not received by
the director on or before the renewal date, a penalty fee as
prescribed by the director by rule shall be paid. Acceptance
by the director of an application for renewal after the renewal
date shall not be a waiver of the delinquency.
The license of any person whose license renewal fee is
not received within one year from the date of expiration shall
be canceled. This person may obtain a new license by satisfying the procedures and requirements as prescribed by the
director by rule.
The director shall issue to each active licensee a license
and a pocket identification card in such form and size as he or
she shall prescribe. [1997 c 322 § 10; 1991 c 225 § 2; 1989 c
161 § 2; 1987 c 332 § 5; 1979 c 25 § 2. Prior: 1977 ex.s. c 370
§ 4; 1977 ex.s. c 24 § 3; 1972 ex.s. c 139 § 12; 1953 c 235 §
7; 1951 c 222 § 12. Formerly: (i) 1947 c 203 § 2, part; 1945
c 111 § 4, part; 1941 c 252 § 12, part; Rem. Supp. 1947 §
8340-35, part. (ii) 1947 c 203 § 1, part; 1945 c 111 § 3, part;
1943 c 118 § 2, part; 1941 c 252 § 11, part; Rem. Supp. 1947
§ 8340-34, part; prior: 1925 ex.s. c 129 §§ 10, 11.]
Effective date—1989 c 161 § 2: "Section 2 of this act shall take effect
January 1, 1991." [1989 c 161 § 4.]
18.85.150
18.85.150 Temporary permits. A temporary broker's
permit may, in the discretion of the director, be issued to the
legally accredited representative of a deceased or incapacitated broker, the senior qualified salesperson in that office or
other qualified representative of the deceased or incapacitated broker, which shall be valid for a period not exceeding
four months and in the case of a partnership, a limited liability partnership, a limited liability company, or a corporation,
the same rule shall prevail in the selection of a person to
whom a temporary broker's permit may be issued. [1997 c
322 § 11; 1979 c 25 § 3. Prior: 1977 ex.s. c 370 § 5; 1977
ex.s. c 24 § 4; 1972 ex.s. c 139 § 13; 1953 c 235 § 8; 1951 c
222 § 13; prior: (i) 1947 c 203 § 2, part; 1945 c 111 § 4, part;
1941 c 252 § 12, part; Rem. Supp. 1947 § 8340-35, part. (ii)
1947 c 203 § 1, part; 1945 c 111 § 3, part; 1943 c 118 § 2,
part; 1941 c 252 § 11, part; Rem. Supp. 1947 § 8340-34, part;
prior: 1925 ex.s. c 129 §§ 10, 11.]
18.85.155
18.85.155 Responsibility for conduct of subordinates.
Responsibility for any salesperson, associate broker or
branch manager in conduct covered by this chapter shall rest
with the broker to which such licensees shall be licensed.
(2004 Ed.)
Real Estate Brokers and Salespersons
In addition to the broker, a branch manager shall bear
responsibility for salespersons and associate brokers operating under the branch manager at a branch office. [1997 c 322
§ 12; 1977 ex.s. c 370 § 6; 1972 ex.s. c 139 § 14.]
18.85.165
18.85.165 Licenses—Continuing education. All real
estate brokers, associate brokers, and salespersons shall furnish proof as the director may require that they have successfully completed a total of thirty clock hours of instruction
every two years in real estate courses approved by the director in order to renew their licenses. Up to fifteen clock hours
of instruction beyond the thirty hours in two years may be
carried forward for credit in a subsequent two-year period. To
count towards this requirement, a course shall be commenced
within thirty-six months before the proof date for renewal.
Examinations shall not be required to fulfill any part of the
education requirement in this section. This section shall apply
to renewal dates after January 1, 1991. [1997 c 322 § 13;
1991 c 225 § 1; 1988 c 205 § 1.]
18.85.170
18.85.170 Licenses—Restrictions as to use—Exceptions. No license issued under the provisions of this chapter
shall authorize any person other than the person to whom it is
issued to do any act by virtue thereof nor to operate in any
other manner than under his or her own name except:
(1) When a license is issued to a corporation it shall entitle one officer thereof, to be named by the corporation in its
application, who shall qualify the same as any other broker,
to act as a real estate broker on behalf of said corporation,
without the payment of additional fees;
(2) When a license is issued to a limited liability company it shall entitle one manager or member of the company,
to be named by the limited liability company in its application, who shall qualify the same as any broker, to act as a real
estate broker on behalf of the limited liability company, without the payment of additional fees;
(3) When a license is issued to a limited liability partnership or partnership it shall entitle one partner thereof to be
named in the application, who shall qualify to act as a real
estate broker on behalf of the limited liability partnership or
partnership, without the payment of additional license fees;
(4) A licensed broker, associate broker, or salesperson
may operate and/or advertise under a name other than the one
under which the license is issued by obtaining the written
consent of the director to do so;
(5) A broker may establish one or more branch offices
under a name or names different from that of the main office
if the name or names are approved by the director, so long as
each branch office is clearly identified as a branch or division
of the main office. No broker may establish branch offices
under more than three names. Both the name of the branch
office and of the main office must clearly appear on the sign
identifying the office, if any, and in any advertisement or on
any letterhead of any stationery or any forms, or signs used
by the real estate firm on which either the name of the main
or branch offices appears. [1997 c 322 § 14; 1972 ex.s. c 139
§ 16; 1951 c 222 § 14; 1945 c 111 § 2; 1941 c 252 § 10; Rem.
Supp. 1945 § 8340-33. Prior: 1925 ex.s. c 129 § 9.]
(2004 Ed.)
18.85.215
18.85.180
18.85.180 Licenses—Office required—Display of
license. Every licensed real estate broker must have and
maintain an office in this state accessible to the public which
shall serve as the office for the transaction of business. Any
office so established must comply with the zoning requirements of city or county ordinances and the broker's license
must be prominently displayed therein. [1997 c 322 § 15;
1957 c 52 § 41; 1951 c 222 § 15. Prior: 1947 c 203 § 4, part;
1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18,
part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c
129 § 12, part.]
18.85.190
18.85.190 Licenses—Branch office. A real estate broker may apply to the director for authority to establish one or
more branch offices under the same name as the main office
upon the payment of a fee as prescribed by the director by
rule. The director shall issue a duplicate license for each of
the branch offices showing the location of the main office and
the particular branch. Each duplicate license shall be prominently displayed in the office for which it is issued. Each
branch office shall be required to have a branch manager who
shall be an associate broker authorized by the designated broker to perform the duties of a branch manager.
A branch office license shall not be required where real
estate sales activity is conducted on and, limited to a particular subdivision or tract, if a licensed office or branch office is
located within thirty-five miles of the subdivision or tract.
[1989 c 161 § 3; 1987 c 332 § 6; 1977 ex.s. c 24 § 5; 1972
ex.s. c 139 § 17; 1957 c 52 § 42. Prior: 1947 c 203 § 4, part;
1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18,
part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c
129 § 12, part.]
18.85.200
18.85.200 Licenses—Change of location. Notice in
writing shall be given to the director of any change by a real
estate broker, associate broker, or salesperson of his or her
business location or of any branch office. Upon the surrender
of the original license for the business or the duplicate license
applicable to a branch office, and a payment of a fee as prescribed by the director by rule, the director shall issue a new
license or duplicate license, as the case may be, covering the
new location. [1987 c 332 § 7; 1971 ex.s. c 266 § 17; 1957 c
52 § 43. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part;
1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947
§ 8340-41, part; prior: 1925 ex.s. c 129 § 12, part.]
18.85.210
18.85.210 Publication of chapter—Distribution. The
director may publish a copy of this chapter and such information relative to the enforcement of this chapter and may mail
a copy of this chapter and the information to each licensed
broker. [1997 c 322 § 16; 1972 ex.s. c 139 § 18; 1953 c 235
§ 10; 1947 c 203 § 8; 1941 c 252 § 27; Rem. Supp. 1947 §
8340-50. Prior: 1925 ex.s. c 129 § 22.]
18.85.215
18.85.215 Inactive licenses. (1) Any license issued
under this chapter and not otherwise revoked shall be deemed
"inactive" at any time it is delivered to the director. Until reissued under this chapter, the holder of an inactive license shall
be deemed to be unlicensed.
[Title 18 RCW—page 219]
18.85.220
Title 18 RCW: Businesses and Professions
(2) An inactive license may be renewed on the same
terms and conditions as an active license, except that a person
with an inactive license need not comply with the education
requirements of RCW 18.85.095(2)(a) or 18.85.165. Failure
to renew shall result in cancellation in the same manner as an
active license.
(3) An inactive license may be placed in an active status
upon completion of an application as provided by the director
and upon compliance with this chapter and the rules adopted
pursuant thereto. If a holder has an inactive license for more
than three years, the holder must show proof of successfully
completing a thirty clock hour course in real estate within one
year prior to the application for active status. Holders
employed by the state and conducting real estate transactions
on behalf of the state are exempt from this course requirement.
(4) The provisions of this chapter relating to the denial,
suspension, and revocation of a license shall be applicable to
an inactive license as well as an active license, except that
when proceedings to suspend or revoke an inactive license
have been initiated, the license shall remain inactive until the
proceedings have been completed. [1994 c 291 § 3; 1988 c
205 § 4. Prior: 1987 c 514 § 1; 1987 c 332 § 17; 1985 c 162
§ 4; 1977 ex.s. c 370 § 8.]
Effective date—1994 c 291: See note following RCW 18.85.090.
Severability—1987 c 514: See RCW 18.118.900.
the notice and payment of any reinstatement fee the director
may impose. [1996 c 293 § 14.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.85.227
18.85.227 License suspension—Noncompliance with
support order—Reissuance. The director shall immediately suspend the license of a broker or salesperson who has
been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in
compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license shall be automatic upon the director's receipt of a
release issued by the department of social and health services
stating that the person is in compliance with the order. [1997
c 58 § 826.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.85.220
18.85.220 License fees—Real estate commission
account. All fees required under this chapter shall be set by
the director in accordance with RCW 43.24.086 and shall be
paid to the state treasurer. All fees paid under the provisions
of this chapter shall be placed in the real estate commission
account in the state treasury. All money derived from fines
imposed under this chapter shall be deposited in the real
estate education account created by RCW 18.85.317. [1993
c 50 § 1; 1991 c 277 § 1; 1987 c 332 § 8; 1967 c 22 § 1; 1953
c 235 § 11; 1941 c 252 § 7; Rem. Supp. 1941 § 8340-30.]
Effective date—1993 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 50 § 5.]
Effective date—1991 c 277: "This act shall take effect July 1, 1993."
[1991 c 277 § 3.]
18.85.225
18.85.225 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified
by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a
brief adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release
issued by the lending agency stating that the person is making
payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the
suspension, reinstatement shall be automatic upon receipt of
[Title 18 RCW—page 220]
18.85.230
18.85.230 Disciplinary action—Grounds. In addition
to the unprofessional conduct described in RCW 18.235.130,
the director may take disciplinary action against any person
engaged in the business or acting in the capacity of a real
estate broker, associate real estate broker, or real estate salesperson, regardless of whether the transaction was for his or
her own account or in his or her capacity as broker, associate
real estate broker, or real estate salesperson, and may impose
any of the sanctions specified in RCW 18.235.110 for any
holder or applicant who is guilty of:
(1) Violating any of the provisions of this chapter or any
lawful rules or regulations made by the director pursuant
thereto or violating a provision of chapter 64.36, 19.105, or
58.19 RCW or RCW 18.86.030 or the rules adopted under
those chapters or section;
(2) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication or distribution of false statements, descriptions or promises of such character as to reasonably induce
any person to act thereon, if the statements, descriptions, or
promises purport to be made or to be performed by either the
licensee or his or her principal and the licensee then knew or,
by the exercise of reasonable care and inquiry, could have
known, of the falsity of the statements, descriptions or promises;
(3) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relies upon the word, representation or conduct of
the licensee;
(4) Accepting the services of, or continuing in a representative capacity, any associate broker or salesperson who
(2004 Ed.)
Real Estate Brokers and Salespersons
has not been granted a license, or after his or her license has
been revoked or during a suspension thereof;
(5) Conversion of any money, contract, deed, note, mortgage, or abstract or other evidence of title, to his or her own
use or to the use of his or her principal or of any other person,
when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the condition;
and failure to return any money or contract, deed, note, mortgage, abstract, or other evidence of title within thirty days
after the owner thereof is entitled thereto, and makes demand
therefor, shall be prima facie evidence of such conversion;
(6) Failing, upon demand, to disclose any information
within his or her knowledge to, or to produce any document,
book or record in his or her possession for inspection of the
director or his or her authorized representatives acting by
authority of law;
(7) Continuing to sell any real estate, or operating
according to a plan of selling, whereby the interests of the
public are endangered, after the director has, by order in writing, stated objections thereto;
(8) Advertising in any manner without affixing the broker's name as licensed, and in the case of a salesperson or
associate broker, without affixing the name of the broker as
licensed for whom or under whom the salesperson or associate broker operates, to the advertisement; except, that a real
estate broker, associate real estate broker, or real estate salesperson advertising their personally owned real property must
only disclose that they hold a real estate license;
(9) Accepting other than cash or its equivalent as earnest
money unless that fact is communicated to the owner prior to
his or her acceptance of the offer to purchase, and such fact is
shown in the earnest money receipt;
(10) Charging or accepting compensation from more
than one party in any one transaction without first making full
disclosure in writing of all the facts to all the parties interested in the transaction;
(11) Accepting, taking, or charging any undisclosed
commission, rebate, or direct profit on expenditures made for
the principal;
(12) Accepting employment or compensation for
appraisal of real property contingent upon reporting a predetermined value;
(13) Issuing an appraisal report on any real property in
which the broker, associate broker, or salesperson has an
interest unless his or her interest is clearly stated in the
appraisal report;
(14) Misrepresentation of his or her membership in any
state or national real estate association;
(15) Discrimination against any person in hiring or in
sales activity, on the basis of any of the provisions of any
state or federal antidiscrimination law;
(16) Failing to keep an escrow or trustee account of
funds deposited with him or her relating to a real estate transaction, for a period of three years, showing to whom paid, and
such other pertinent information as the director may require,
such records to be available to the director, or his or her representatives, on demand, or upon written notice given to the
bank;
(17) Failing to preserve for three years following its consummation records relating to any real estate transaction;
(2004 Ed.)
18.85.261
(18) Failing to furnish a copy of any listing, sale, lease or
other contract relevant to a real estate transaction to all signatories thereof at the time of execution;
(19) Acceptance by a branch manager, associate broker,
or salesperson of a commission or any valuable consideration
for the performance of any acts specified in this chapter, from
any person, except the licensed real estate broker with whom
he or she is licensed;
(20) To direct any transaction involving his or her principal, to any lending institution for financing or to any escrow
company, in expectation of receiving a kickback or rebate
therefrom, without first disclosing such expectation to his or
her principal;
(21) Buying, selling, or leasing directly, or through a
third party, any interest in real property without disclosing in
writing that he or she holds a real estate license;
(22) In the case of a broker licensee, failing to exercise
adequate supervision over the activities of his or her licensed
associate brokers and salespersons within the scope of this
chapter;
(23) Any conduct in a real estate transaction which demonstrates bad faith, dishonesty, untrustworthiness, or incompetency;
(24) Acting as a vehicle dealer, as defined in RCW
46.70.011, without having a license to do so; or
(25) Failing to ensure that the title is transferred under
chapter 46.12 RCW when engaging in a transaction involving
a mobile home as a broker, associate broker, or salesperson.
[2002 c 86 § 230; 1999 c 46 § 1; 1997 c 322 § 17; 1996 c 179
§ 18; 1990 c 85 § 1; 1988 c 205 § 5. Prior: 1987 c 370 § 15;
1987 c 332 § 9; 1979 c 25 § 4; prior: 1977 ex.s. c 261 § 1;
1977 ex.s. c 204 § 1; 1972 ex.s. c 139 § 19; 1967 c 22 § 3;
1953 c 235 § 12; 1951 c 222 § 16; 1947 c 203 § 5; 1945 c 111
§ 8; 1943 c 118 § 5; 1941 c 252 § 19; Rem. Supp. 1947 §
8340-42; prior: 1925 ex.s. c 129 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1996 c 179: See RCW 18.86.902.
False advertising: Chapter 9.04 RCW.
Obstructing justice: Chapter 9A.72 RCW.
18.85.240
18.85.240 Disciplinary action—Director's delegation
of authority. The director may deputize one or more assistants to perform his or her duties with reference to disciplinary action. [1988 c 205 § 6; 1987 c 332 § 10; 1957 c 52 § 45.
Prior: 1945 c 111 § 9, part; 1941 c 252 § 20, part; 1925 ex.s.
c 129 § 14, part; Rem. Supp. 1945 § 8340-43, part.]
18.85.261
18.85.261 Disciplinary action—Hearing—Conduct
of. The hearing officer shall cause a transcript of all such
proceedings to be kept by a reporter and shall upon request
after completion thereof, furnish a copy of such transcript to
the licensed person or applicant accused in such proceedings
at the expense of the licensee or applicant. The hearing
officer shall certify the transcript of proceedings to be true
and correct. If the director finds that the statement or accusation is not proved by a fair preponderance of evidence, the
director shall notify the licensee or applicant and the person
[Title 18 RCW—page 221]
18.85.271
Title 18 RCW: Businesses and Professions
making the accusation and shall dismiss the case. [2002 c 86
§ 231; 1987 c 332 § 12; 1951 c 222 § 24.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.85.271
18.85.271 Disciplinary action—Order—Appeal. If
the director decides, after such hearing, that the evidence supports the accusation by a preponderance of evidence, the
director may impose sanctions authorized under RCW
18.85.040. In such event the director shall enter an order to
that effect and shall file the same in his or her office and
immediately mail a copy to the affected party at the address
of record with the department. Upon instituting appeal in the
superior court, the appellant shall give a cash bond to the state
of Washington, which bond shall be filed with the clerk of the
court, in the sum of five hundred dollars to be approved by
the judge of said court, conditioned to pay all costs that may
be awarded against such appellant in the event of an adverse
decision, such bond and notice to be filed within thirty days
from the date of the director's decision. [2002 c 86 § 232;
1989 c 175 § 66; 1988 c 205 § 8; 1987 c 332 § 13; 1972 ex.s.
c 139 § 20; 1951 c 222 § 25.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1989 c 175: See note following RCW 34.05.010.
18.85.281
18.85.281 Appeal—Transcript—Cost. The director
shall prepare at appellant's expense and shall certify a transcript of the whole record of all matters involved in the
appeal, which shall be thereupon delivered by the director to
the court in which the appeal is pending. The appellant shall
be notified of the filing of the transcript and the cost thereof
and shall within fifteen days thereafter pay the cost of said
transcript. If the cost is not paid in full within fifteen days the
appeal shall be dismissed. [1997 c 322 § 18; 1951 c 222 §
26.]
18.85.310
18.85.310 Broker's records—Separate accounts—
Interest-bearing trust accounts—Disposition of interest.
(1) Every licensed real estate broker shall keep adequate
records of all real estate transactions handled by or through
the broker. The records shall include, but are not limited to, a
copy of the earnest money receipt, and an itemization of the
broker's receipts and disbursements with each transaction.
These records and all other records hereinafter specified shall
be open to inspection by the director or the director's authorized representatives.
(2) Every real estate broker shall also deliver or cause to
be delivered to all parties signing the same, at the time of
signing, conformed copies of all earnest money receipts, listing agreements and all other like or similar instruments
signed by the parties, including the closing statement.
(3) Every real estate broker shall also keep separate real
estate fund accounts in a recognized Washington state depositary authorized to receive funds in which shall be kept separate and apart and physically segregated from licensee broker's own funds, all funds or moneys of clients which are
being held by such licensee broker pending the closing of a
[Title 18 RCW—page 222]
real estate sale or transaction, or which have been collected
for said client and are being held for disbursement for or to
said client and such funds shall be deposited not later than the
first banking day following receipt thereof.
(4) Separate accounts comprised of clients' funds
required to be maintained under this section, with the exception of property management trust accounts, shall be interestbearing accounts from which withdrawals or transfers can be
made without delay, subject only to the notice period which
the depository institution is required to reserve by law or regulation.
(5) Every real estate broker shall maintain a pooled interest-bearing escrow account for deposit of client funds, with
the exception of property management trust accounts, which
are nominal. As used in this section, a "nominal" deposit is a
deposit of not more than ten thousand dollars.
The interest accruing on this account, net of any reasonable and appropriate financial institution service charges or
fees, shall be paid to the state treasurer for deposit in the
Washington housing trust fund created in RCW 43.185.030
and the real estate education account created in RCW
18.85.317. Appropriate service charges or fees are those
charges made by financial institutions on other demand
deposit or "now" accounts. An agent may, but shall not be
required to, notify the client of the intended use of such
funds.
(6) All client funds not required to be deposited in the
account specified in subsection (5) of this section shall be
deposited in:
(a) A separate interest-bearing trust account for the particular client or client's matter on which the interest will be
paid to the client; or
(b) The pooled interest-bearing trust account specified in
subsection (5) of this section if the parties to the transaction
agree.
The department of licensing shall promulgate regulations which will serve as guidelines in the choice of an
account specified in subsection (5) of this section or an
account specified in this subsection.
(7) For an account created under subsection (5) of this
section, an agent shall direct the depository institution to:
(a) Remit interest or dividends, net of any reasonable and
appropriate service charges or fees, on the average monthly
balance in the account, or as otherwise computed in accordance with an institution's standard accounting practice, at
least quarterly, to the state treasurer for deposit in the housing
trust fund created by RCW 43.185.030 and the real estate
education account created in RCW 18.85.317; and
(b) Transmit to the director of community, trade, and
economic development a statement showing the name of the
person or entity for whom the remittance is spent, the rate of
interest applied, and the amount of service charges deducted,
if any, and the account balance(s) of the period in which the
report is made, with a copy of such statement to be transmitted to the depositing person or firm.
(8) The director shall forward a copy of the reports
required by subsection (7) of this section to the department of
licensing to aid in the enforcement of the requirements of this
section consistent with the normal enforcement and auditing
practices of the department of licensing.
(2004 Ed.)
Real Estate Brokers and Salespersons
(9) This section does not relieve any real estate broker
from any obligation with respect to the safekeeping of clients'
funds.
(10) Any violation by a real estate broker of any of the
provisions of this section, or RCW 18.85.230, shall be
grounds for revocation of the licenses issued to the broker.
[1999 c 48 § 1; 1995 c 399 § 7; 1993 c 50 § 2; 1988 c 286 §
2; 1987 c 513 § 1; 1957 c 52 § 44; 1953 c 235 § 13; 1951 c
222 § 19. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7, part;
1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem. Supp. 1947
§ 8340-41, part; prior: 1925 ex.s. c 129 § 12, part.]
Effective date—1993 c 50: See note following RCW 18.85.220.
Effective date—1987 c 513: "This act shall take effect January 1,
1988." [1987 c 513 § 15.]
Severability—1987 c 513: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 513 § 13.]
18.85.315
18.85.315 Distribution of interest from brokers' trust
accounts. Remittances received by the treasurer pursuant to
RCW 18.85.310 shall be divided between the housing trust
fund created by RCW 43.185.030, which shall receive seventy-five percent and the real estate education account created by RCW 18.85.317, which shall receive twenty-five percent. [1993 c 50 § 3; 1987 c 513 § 9.]
Effective date—1993 c 50: See note following RCW 18.85.220.
Effective date—Severability—1987 c 513: See notes following RCW
18.85.310.
18.85.317
18.85.317 Real estate education account. The real
estate education account is created in the custody of the state
treasurer. All moneys received for credit to this account pursuant to RCW 18.85.315 and all moneys derived from fines
imposed under this chapter shall be deposited into the
account. Expenditures from the account may be made only
upon the authorization of the director or a duly authorized
representative of the director, and may be used only for the
purposes of carrying out the director's programs for education
of real estate licensees and others in the real estate industry as
described in RCW 18.85.040(4). All expenses and costs relating to the implementation or administration of, or payment of
contract fees or charges for, the director's real estate education programs may be paid from this account. The account is
subject to appropriation under chapter 43.88 RCW. [1997 c
322 § 19; 1993 c 50 § 4.]
Effective date—1993 c 50: See note following RCW 18.85.220.
18.85.320
18.85.320 Salespersons, associate brokers—Termination of services. The license of a real estate salesperson or
associate real estate broker shall be retained at all times by his
or her designated broker and when any real estate salesperson
or associate real estate broker ceases to represent his or her
broker his or her license shall cease to be in force. Notice of
such termination shall be given by the broker to the director
and such notice shall be accompanied by and include the surrender of the salesperson's or associate real estate broker's
license. Failure of any broker to promptly notify the director
of such salesperson's or associate real estate broker's termination after demand by the affected salesperson or associate real
estate broker shall work a forfeiture of the broker's license.
(2004 Ed.)
18.85.343
Upon application of the salesperson or associate real estate
broker and the payment of a fee as prescribed by the director
by rule, the director shall issue a new license for the unexpired term, if such salesperson or associate real estate broker
is otherwise entitled thereto. When a real estate salesperson's
or associate real estate broker's services shall be terminated
by his or her broker for a violation of any of the provisions of
RCW 18.85.230, a written statement of the facts in reference
thereto shall be filed forthwith with the director by the broker. [1987 c 332 § 14; 1953 c 235 § 14; 1947 c 203 § 7; 1943
c 118 § 7; 1941 c 252 § 26; Rem. Supp. 1947 § 8340-49.
Prior: 1925 ex.s. c 129 § 21.]
18.85.330
18.85.330 Sharing commissions. (1) Except under
subsection (4) of this section, it shall be unlawful for any
licensed broker to pay any part of his or her commission or
other compensation to any person who is not a licensed real
estate broker in any state of the United States or its possessions or any province of the Dominion of Canada or any foreign jurisdiction with a real estate regulatory program.
(2) Except under subsection (4) of this section, it shall be
unlawful for any licensed broker to pay any part of his or her
commission or other compensation to a real estate salesperson not licensed to do business for such broker.
(3) Except under subsection (4) of this section, it shall be
unlawful for any licensed salesperson to pay any part of his or
her commission or other compensation to any person,
whether licensed or not, except through his or her broker.
(4) A commission may be shared with a manufactured
housing retailer, licensed under chapter 46.70 RCW, on the
sale of personal property manufactured housing sold in conjunction with the sale or lease of land. [1998 c 46 § 3; 1997
c 322 § 20; 1953 c 235 § 15; 1943 c 118 § 6; 1941 c 252 § 24;
Rem. Supp. 1943 § 8340-47.]
18.85.340
18.85.340 Violations—Penalty. Any person acting as
a real estate broker, associate real estate broker, or real estate
salesperson, without a license, or violating any of the provisions of this chapter, shall be guilty of a gross misdemeanor.
[1997 c 322 § 21; 1951 c 222 § 20; 1941 c 252 § 23; Rem.
Supp. 1941 § 8340-46. Prior: 1925 ex.s. c 129 § 17.]
18.85.343
18.85.343 Violations—Cease and desist orders. (1)
The director may issue a cease and desist order to a person
after notice and hearing and upon a determination that the
person has violated a provision of this chapter or a lawful
order or rule of the director.
(2) If the director makes a written finding of fact that the
public interest will be irreparably harmed by delay in issuing
an order, he or she may issue a temporary cease and desist
order. Before issuing the temporary cease and desist order,
whenever possible the director shall give notice by telephone
or otherwise of the proposal to issue a temporary cease and
desist order to the person. Every temporary cease and desist
order shall include a provision that a hearing will be held
upon request to determine whether or not the order will
become permanent.
At the time the temporary cease and desist order is
served, the licensee shall be notified that he or she is entitled
to request a hearing for the sole purpose of determining
[Title 18 RCW—page 223]
18.85.345
Title 18 RCW: Businesses and Professions
whether or not the public interest imperatively requires that
the temporary cease and desist order be continued or modified pending the outcome of the hearing to determine whether
or not the order will become permanent. The hearing shall be
held within thirty days after the department receives the
request for hearing, unless the licensee requests a later hearing. A licensee may secure review of any decision rendered at
a temporary cease and desist order review hearing in the same
manner as an adjudicative proceeding. [1997 c 322 § 22;
1989 c 175 § 67; 1977 ex.s. c 261 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.85.345
18.85.345 Attorney general as legal advisor. The
attorney general shall render to the director opinions upon all
questions of law relating to the construction or interpretation
of this chapter, or arising in the administration thereof, that
may be submitted to the director, and shall act as attorney for
the director in all actions and proceedings brought by or
against him or her under or pursuant to any provisions of this
chapter. [1997 c 322 § 23; 1941 c 252 § 9; Rem. Supp. 1941
§ 8340-32. Prior: 1925 ex.s. c 129 § 8.]
18.85.350
18.85.350 Enforcement provisions. The director may
prefer a complaint for violation of any section of this chapter
before any court of competent jurisdiction.
The prosecuting attorney of each county shall prosecute
any violation of the provisions of this chapter which occurs in
his or her county, and if the prosecuting attorney fails to act,
the director may request the attorney general to take action in
lieu of the prosecuting attorney.
Process issued by the director shall extend to all parts of
the state, and may be served by any person authorized to
serve process of courts of record, or may be mailed by registered mail to the licensee's last business address of record in
the office of the director.
Whenever the director believes from evidence satisfactory to him or her that any person has violated any of the provisions of this chapter, or any order, license, decision,
demand or requirement, or any part or provision thereof, he
or she may bring an action, in the superior court in the county
wherein such person resides, against such person to enjoin
any such person from continuing such violation or engaging
therein or doing any act or acts in furtherance thereof. In this
action an order or judgment may be entered awarding such
preliminary or final injunction as may be proper.
The director may petition the superior court in any
county in this state for the immediate appointment of a
receiver to take over, operate or close any real estate office in
this state which is found, upon inspection of its books and
records to be operating in violation of the provisions of this
chapter, pending a hearing as herein provided. [1997 c 322 §
24; 1967 c 22 § 2; 1957 c 52 § 48; 1953 c 235 § 16. Prior: (i)
1941 c 252 § 21, part; Rem. Supp. 1941 § 8340-44, part. (ii)
1947 c 203 § 6; 1941 c 252 § 22; Rem. Supp. 1947 § 834045.]
18.85.400
18.85.400 Multiple listing associations—Entrance
requirements. Each real estate multiple listing association
shall submit to the real estate commission for approval or disapproval its entrance requirements. No later than sixty days
[Title 18 RCW—page 224]
after receipt of the real estate multiple listing associations
entrance requirements the commission shall, with the directors approval, approve or disapprove the said entrance
requirements. In no event shall the real estate commission
approve any entrance requirements which shall be more
restrictive on the person applying to join a real estate multiple
listing association than the following:
(1) Require the applicant at the time of application and
admission to be a licensed broker under chapter 18.85 RCW;
(2) Require the applicant, if all members of the real
estate multiple listing association are so required, to obtain
and maintain a policy of insurance, containing specified coverage within designated limits protecting members from
claims by sellers who have made keys to their premises available to members for access to their properties, against losses
arising from damage to or theft of contents of such properties;
(3) Require the applicant to pay an initiation fee computed by dividing an amount equal to five times the book
value of the real estate multiple listing association concerned
(exclusive of any value for listings and exclusive of all
investments not related to the operation of the real estate multiple listing association and exclusive of all real estate), by
the number of real estate broker members of said organization: PROVIDED, That in no event shall the initiation fee
exceed twenty-five hundred dollars;
(4) Require the applicant for membership to have been:
(a) A broker in the territory of the real estate multiple
listing association for a period of one year; or
(b) An associate broker with one year's experience in the
area of the real estate multiple listing association, who in
addition has had one year's experience as a broker in any
other area of the state.
(5) Require the applicant to follow any other rules of the
association which apply to all the members of such association: PROVIDED, That such other rules do not violate federal or state law: PROVIDED, That nothing in chapter 78,
Laws of 1969 shall be construed to limit the authority of any
real estate multiple listing association to engage in any activities which are not otherwise prohibited by law. [1969 c 78 §
2.]
18.85.450
18.85.450 Land development representative—Registration—Minimum requirements. The director shall issue
a land development representative registration for any applicant, upon application made by the employing real estate broker, on a form provided by the department. The minimum
requirements for an individual to be registered as a land
development representative are that the applicant shall:
(1) Be eighteen years of age or older; and
(2) Furnish such proof as the director may require concerning the applicant's honesty, good reputation, and identification which may include finger prints. [1987 c 332 § 15;
1977 ex.s. c 24 § 6.]
18.85.460
18.85.460 Land development representative—Registration issued to employing broker—Display—Fee—
Transferability—Period of validity. The registration for a
land development representative shall be issued to and
retained by the employing broker and shall be displayed as
set forth in this chapter for licenses. A fee as prescribed by
(2004 Ed.)
Real Estate Brokers and Salespersons
the director by rule shall accompany each application for registration. Each registration shall be valid for a period of one
year from date of issue or until employment with the broker
is terminated, whichever occurs first. No registration may be
transferred to another broker, nor may a representative be
registered to more than one broker at a time. Upon the termination of employment of any representative the broker shall
release and return the registration of that representative to the
department. [1987 c 332 § 16; 1977 ex.s. c 24 § 7.]
18.85.470
18.85.470 Land development representative—
Authorized activities—"Land development" defined. (1)
The activity of a land development representative registered
with a broker under this chapter shall be restricted to land
developments as defined in this section and limited to:
(a) Disseminating information;
(b) Contacting prospective purchasers; and
(c) Transporting prospective purchasers to the land
development site.
(2) This section shall not be construed to authorize any
representative to:
(a) Engage in the selling of real estate;
(b) Negotiate for or bind the broker in any agreement
relating to the sale of real estate;
(c) Receive or handle funds;
(d) Assist in preparation of documentation attendant
upon sale of real estate; or
(e) Engage in any other conduct or activity specified in
any of the definitions under RCW 18.85.010, except as provided by subsection (1) of this section.
(3) The words "land development" as used in this chapter
mean land which is divided, for the purpose of disposition,
into ten or more parcels on which no residential structure
exists at the time it is offered for sale. [1977 ex.s. c 24 § 8.]
18.85.480
18.85.480 Land development representative—
Responsibility of employing broker—Violations. Full
responsibility for the activities of the land development representative registered under this chapter shall rest with the
employing broker. The director may deny, suspend, or revoke
the registration of any representative or the license of the
employing broker for any violation of this chapter by the representative. [1977 ex.s. c 24 § 9.]
18.85.560
(2) This section expires September 30, 2005. [1999 c
192 § 2.]
18.85.540
18.85.540 Real estate research center—Purpose.
(Expires September 30, 2005.) (1) The purpose of a real
estate research center in Washington state is to provide credible research, value-added information, education services,
and project-oriented research to real estate licensees, real
estate consumers, real estate service providers, institutional
customers, public agencies, and communities in Washington
state and the Pacific Northwest region. The center may:
(a) Conduct studies and research on affordable housing
and strategies to meet the affordable housing needs of the
state;
(b) Conduct studies in all areas directly or indirectly
related to real estate and urban or rural economics and economically isolated communities;
(c) Disseminate findings and results of real estate
research conducted at or by the center or elsewhere, using a
variety of dissemination media;
(d) Supply research results and educational expertise to
the Washington state real estate commission to support its
regulatory functions, as requested;
(e) Prepare information of interest to real estate consumers and make the information available to the general public,
universities, or colleges, and appropriate state agencies;
(f) Encourage economic growth and development within
the state of Washington;
(g) Support the professional development and continuing
education of real estate licensees in Washington;
(h) Study and recommend changes in state statutes relating to real estate; and
(i) Develop a vacancy rate standard for low-income
housing in the state.
(2) The director shall establish a memorandum of understanding with an institution of higher learning that establishes
a real estate research center for the purposes under subsection
(1) of this section.
(3) This section expires September 30, 2005. [2002 c
294 § 5; 1999 c 192 § 3.]
Findings—2002 c 294: See note following RCW 36.22.178.
18.85.550
18.85.520
18.85.520 Fee assessed. (Expires September 30, 2005.)
(1) A fee of ten dollars is created and shall be assessed on
each real estate broker, associate broker, and salesperson
originally licensed after October 1, 1999, and upon each
renewal of a license with an expiration date after October 1,
1999, including renewals of inactive licenses.
(2) This section expires September 30, 2005. [1999 c
192 § 1.]
18.85.550 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 233.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.85.560
18.85.530
18.85.530 Washington real estate research account—
Creation. (Expires September 30, 2005.) (1) The Washington real estate research account is created in the state treasury. All receipts from the fee under RCW 18.85.520 shall be
deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account
may be used only for the purposes of RCW 18.85.540.
(2004 Ed.)
18.85.560 Out-of-state broker/salesperson/associate
broker—Requirements in lieu of licensing. (1) An out-ofstate broker, for a fee, commission, or other valuable consideration, or in the expectation, or upon the promise of receiving or collecting a fee, commission, or other valuable consideration, may perform those acts that require a license under
this chapter, with respect to commercial real estate, provided
that the out-of-state broker does all of the following:
[Title 18 RCW—page 225]
18.85.900
Title 18 RCW: Businesses and Professions
(a) Works in cooperation with a Washington real estate
broker who holds a valid, active license issued under this
chapter;
(b) Enters into a written agreement with the Washington
broker that includes the terms of cooperation, oversight by
the Washington broker, compensation, and a statement that
the out-of-state broker and its agents will agree to adhere to
the laws of Washington;
(c) Furnishes the Washington broker with a copy of the
out-of-state broker's current license in good standing from
any jurisdiction where the out-of-state broker maintains an
active real estate license;
(d) Consents to jurisdiction that legal actions arising out
of the conduct of the out-of-state broker or its agents may be
commenced against the out-of-state broker in the court of
proper jurisdiction of any county in Washington where the
cause of action arises or where the plaintiff resides;
(e) Includes the name of the Washington broker on all
advertising in accordance with RCW 18.85.230(8); and
(f) Deposits all documentation required by this section
and records and documents related to the transaction with the
Washington broker, for a period of three years after the date
the documentation is provided, or the transaction occurred, as
appropriate.
(2) An out-of-state salesperson or associate broker may
perform those acts that require a real estate salesperson or
associate broker license under this chapter with respect to
commercial real estate, provided that the out-of-state salesperson or associate broker meets all of the following requirements:
(a) Is licensed with and works under the direct supervision of an out-of-state broker who meets all of the requirements under subsection (1) of this section; and
(b) Provides the Washington broker who is working in
cooperation with the out-of-state broker with whom the salesperson or associate broker is associated with a copy of the
salesperson's or associate broker's current license in good
standing from the jurisdiction where the out-of-state salesperson or associate broker maintains an active real estate license
in connection with the out-of-state broker.
(3) A person licensed in a jurisdiction where there is no
legal distinction between a real estate broker license and a
real estate salesperson license must meet the requirements of
subsection (1) of this section before engaging in any activity
described in this section that requires a real estate broker
license in this state. [2003 c 201 § 2.]
18.85.900
18.85.900 Severability—1941 c 252. If any section,
subdivision, sentence or clause in this act shall be held
invalid or unconstitutional, such fact shall not affect the
validity of the remaining portions of this act. [1941 c 252 §
28.]
18.85.910
18.85.910 Severability—1951 c 222. The provisions of
this act are to be severable and if any section, subdivision or
clause of this act shall be held to be unconstitutional or
invalid, such decision shall not affect the validity of the
remaining portion of the act. [1951 c 222 § 27.]
[Title 18 RCW—page 226]
18.85.920 Severability—1972 ex.s. c 139. The provisions of this 1972 amendatory act are to be severable and if
any section, subdivision, or clause of this act shall be held to
be unconstitutional or invalid, such decision shall not affect
the validity of the remaining portion of the act. [1972 ex.s. c
139 § 22.]
18.85.920
Chapter 18.86 RCW
REAL ESTATE BROKERAGE RELATIONSHIPS
Chapter 18.86
Sections
18.86.010
18.86.020
18.86.030
18.86.031
18.86.040
18.86.050
18.86.060
18.86.070
18.86.080
18.86.090
18.86.100
18.86.110
18.86.120
18.86.900
18.86.901
18.86.902
Definitions.
Agency relationship.
Duties of licensee.
Violation of licensing law.
Seller's agent—Duties.
Buyer's agent—Duties.
Dual agent—Duties.
Duration of agency relationship.
Compensation.
Vicarious liability.
Imputed knowledge and notice.
Application.
Pamphlet on the law of real estate agency—Content.
Effective date—1996 c 179.
Captions not law—1996 c 179.
Effective date—1996 c 179.
18.86.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency relationship" means the agency relationship
created under this chapter or by written agreement between a
licensee and a buyer and/or seller relating to the performance
of real estate brokerage services by the licensee.
(2) "Agent" means a licensee who has entered into an
agency relationship with a buyer or seller.
(3) "Business opportunity" means and includes a business, business opportunity, and goodwill of an existing business, or any one or combination thereof.
(4) "Buyer" means an actual or prospective purchaser in
a real estate transaction, or an actual or prospective tenant in
a real estate rental or lease transaction, as applicable.
(5) "Buyer's agent" means a licensee who has entered
into an agency relationship with only the buyer in a real estate
transaction, and includes subagents engaged by a buyer's
agent.
(6) "Confidential information" means information from
or concerning a principal of a licensee that:
(a) Was acquired by the licensee during the course of an
agency relationship with the principal;
(b) The principal reasonably expects to be kept confidential;
(c) The principal has not disclosed or authorized to be
disclosed to third parties;
(d) Would, if disclosed, operate to the detriment of the
principal; and
(e) The principal personally would not be obligated to
disclose to the other party.
(7) "Dual agent" means a licensee who has entered into
an agency relationship with both the buyer and seller in the
same transaction.
(8) "Licensee" means a real estate broker, associate real
estate broker, or real estate salesperson, as those terms are
defined in chapter 18.85 RCW.
18.86.010
(2004 Ed.)
Real Estate Brokerage Relationships
(9) "Material fact" means information that substantially
adversely affects the value of the property or a party's ability
to perform its obligations in a real estate transaction, or operates to materially impair or defeat the purpose of the transaction. The fact or suspicion that the property, or any neighboring property, is or was the site of a murder, suicide or other
death, rape or other sex crime, assault or other violent crime,
robbery or burglary, illegal drug activity, gang-related activity, political or religious activity, or other act, occurrence, or
use not adversely affecting the physical condition of or title to
the property is not a material fact.
(10) "Principal" means a buyer or a seller who has
entered into an agency relationship with a licensee.
(11) "Real estate brokerage services" means the rendering of services for which a real estate license is required
under chapter 18.85 RCW.
(12) "Real estate transaction" or "transaction" means an
actual or prospective transaction involving a purchase, sale,
option, or exchange of any interest in real property or a business opportunity, or a lease or rental of real property. For purposes of this chapter, a prospective transaction does not exist
until a written offer has been signed by at least one of the parties.
(13) "Seller" means an actual or prospective seller in a
real estate transaction, or an actual or prospective landlord in
a real estate rental or lease transaction, as applicable.
(14) "Seller's agent" means a licensee who has entered
into an agency relationship with only the seller in a real estate
transaction, and includes subagents engaged by a seller's
agent.
(15) "Subagent" means a licensee who is engaged to act
on behalf of a principal by the principal's agent where the
principal has authorized the agent in writing to appoint subagents. [1996 c 179 § 1.]
18.86.020
18.86.020 Agency relationship. (1) A licensee who
performs real estate brokerage services for a buyer is a
buyer's agent unless the:
(a) Licensee has entered into a written agency agreement
with the seller, in which case the licensee is a seller's agent;
(b) Licensee has entered into a subagency agreement
with the seller's agent, in which case the licensee is a seller's
agent;
(c) Licensee has entered into a written agency agreement
with both parties, in which case the licensee is a dual agent;
(d) Licensee is the seller or one of the sellers; or
(e) Parties agree otherwise in writing after the licensee
has complied with RCW 18.86.030(1)(f).
(2) In a transaction in which different licensees affiliated
with the same broker represent different parties, the broker is
a dual agent, and must obtain the written consent of both parties as required under RCW 18.86.060. In such a case, each
licensee shall solely represent the party with whom the licensee has an agency relationship, unless all parties agree in
writing that both licensees are dual agents.
(3) A licensee may work with a party in separate transactions pursuant to different relationships, including, but not
limited to, representing a party in one transaction and at the
same time not representing that party in a different transaction involving that party, if the licensee complies with this
(2004 Ed.)
18.86.040
chapter in establishing the relationships for each transaction.
[1997 c 217 § 1; 1996 c 179 § 2.]
Effective date—1997 c 217 §§ 1-6 and 8: "Sections 1 through 6 and 8
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [April 25, 1997]." [1997 c 217 § 9.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following
RCW 18.86.120.
18.86.030
18.86.030 Duties of licensee. (1) Regardless of whether
the licensee is an agent, a licensee owes to all parties to whom
the licensee renders real estate brokerage services the following duties, which may not be waived:
(a) To exercise reasonable skill and care;
(b) To deal honestly and in good faith;
(c) To present all written offers, written notices and other
written communications to and from either party in a timely
manner, regardless of whether the property is subject to an
existing contract for sale or the buyer is already a party to an
existing contract to purchase;
(d) To disclose all existing material facts known by the
licensee and not apparent or readily ascertainable to a party;
provided that this subsection shall not be construed to imply
any duty to investigate matters that the licensee has not
agreed to investigate;
(e) To account in a timely manner for all money and
property received from or on behalf of either party;
(f) To provide a pamphlet on the law of real estate
agency in the form prescribed in RCW 18.86.120 to all parties to whom the licensee renders real estate brokerage services, before the party signs an agency agreement with the
licensee, signs an offer in a real estate transaction handled by
the licensee, consents to dual agency, or waives any rights,
under RCW 18.86.020(1)(e), 18.86.040(1)(e),
18.86.050(1)(e), or 18.86.060(2) (e) or (f), whichever occurs
earliest; and
(g) To disclose in writing to all parties to whom the licensee renders real estate brokerage services, before the party
signs an offer in a real estate transaction handled by the licensee, whether the licensee represents the buyer, the seller,
both parties, or neither party. The disclosure shall be set forth
in a separate paragraph entitled "Agency Disclosure" in the
agreement between the buyer and seller or in a separate writing entitled "Agency Disclosure."
(2) Unless otherwise agreed, a licensee owes no duty to
conduct an independent inspection of the property or to conduct an independent investigation of either party's financial
condition, and owes no duty to independently verify the accuracy or completeness of any statement made by either party
or by any source reasonably believed by the licensee to be
reliable. [1996 c 179 § 3.]
18.86.031
18.86.031 Violation of licensing law. A violation of
RCW 18.86.030 is a violation of RCW 18.85.230. [1996 c
179 § 14.]
18.86.040
18.86.040 Seller's agent—Duties. (1) Unless additional duties are agreed to in writing signed by a seller's
agent, the duties of a seller's agent are limited to those set
forth in RCW 18.86.030 and the following, which may not be
waived except as expressly set forth in (e) of this subsection:
[Title 18 RCW—page 227]
18.86.050
Title 18 RCW: Businesses and Professions
(a) To be loyal to the seller by taking no action that is
adverse or detrimental to the seller's interest in a transaction;
(b) To timely disclose to the seller any conflicts of interest;
(c) To advise the seller to seek expert advice on matters
relating to the transaction that are beyond the agent's expertise;
(d) Not to disclose any confidential information from or
about the seller, except under subpoena or court order, even
after termination of the agency relationship; and
(e) Unless otherwise agreed to in writing after the seller's
agent has complied with RCW 18.86.030(1)(f), to make a
good faith and continuous effort to find a buyer for the property; except that a seller's agent is not obligated to seek additional offers to purchase the property while the property is
subject to an existing contract for sale.
(2)(a) The showing of properties not owned by the seller
to prospective buyers or the listing of competing properties
for sale by a seller's agent does not in and of itself breach the
duty of loyalty to the seller or create a conflict of interest.
(b) The representation of more than one seller by different licensees affiliated with the same broker in competing
transactions involving the same buyer does not in and of itself
breach the duty of loyalty to the sellers or create a conflict of
interest. [1997 c 217 § 2; 1996 c 179 § 4.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following
RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
18.86.050
18.86.050 Buyer's agent—Duties. (1) Unless additional duties are agreed to in writing signed by a buyer's
agent, the duties of a buyer's agent are limited to those set
forth in RCW 18.86.030 and the following, which may not be
waived except as expressly set forth in (e) of this subsection:
(a) To be loyal to the buyer by taking no action that is
adverse or detrimental to the buyer's interest in a transaction;
(b) To timely disclose to the buyer any conflicts of interest;
(c) To advise the buyer to seek expert advice on matters
relating to the transaction that are beyond the agent's expertise;
(d) Not to disclose any confidential information from or
about the buyer, except under subpoena or court order, even
after termination of the agency relationship; and
(e) Unless otherwise agreed to in writing after the buyer's
agent has complied with RCW 18.86.030(1)(f), to make a
good faith and continuous effort to find a property for the
buyer; except that a buyer's agent is not obligated to: (i) Seek
additional properties to purchase while the buyer is a party to
an existing contract to purchase; or (ii) show properties as to
which there is no written agreement to pay compensation to
the buyer's agent.
(2)(a) The showing of property in which a buyer is interested to other prospective buyers by a buyer's agent does not
in and of itself breach the duty of loyalty to the buyer or create a conflict of interest.
(b) The representation of more than one buyer by different licensees affiliated with the same broker in competing
transactions involving the same property does not in and of
[Title 18 RCW—page 228]
itself breach the duty of loyalty to the buyers or create a conflict of interest. [1997 c 217 § 3; 1996 c 179 § 5.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following
RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
18.86.060
18.86.060 Dual agent—Duties. (1) Notwithstanding
any other provision of this chapter, a licensee may act as a
dual agent only with the written consent of both parties to the
transaction after the dual agent has complied with RCW
18.86.030(1)(f), which consent must include a statement of
the terms of compensation.
(2) Unless additional duties are agreed to in writing
signed by a dual agent, the duties of a dual agent are limited
to those set forth in RCW 18.86.030 and the following, which
may not be waived except as expressly set forth in (e) and (f)
of this subsection:
(a) To take no action that is adverse or detrimental to
either party's interest in a transaction;
(b) To timely disclose to both parties any conflicts of
interest;
(c) To advise both parties to seek expert advice on matters relating to the transaction that are beyond the dual agent's
expertise;
(d) Not to disclose any confidential information from or
about either party, except under subpoena or court order,
even after termination of the agency relationship;
(e) Unless otherwise agreed to in writing after the dual
agent has complied with RCW 18.86.030(1)(f), to make a
good faith and continuous effort to find a buyer for the property; except that a dual agent is not obligated to seek additional offers to purchase the property while the property is
subject to an existing contract for sale; and
(f) Unless otherwise agreed to in writing after the dual
agent has complied with RCW 18.86.030(1)(f), to make a
good faith and continuous effort to find a property for the
buyer; except that a dual agent is not obligated to: (i) Seek
additional properties to purchase while the buyer is a party to
an existing contract to purchase; or (ii) show properties as to
which there is no written agreement to pay compensation to
the dual agent.
(3)(a) The showing of properties not owned by the seller
to prospective buyers or the listing of competing properties
for sale by a dual agent does not in and of itself constitute
action that is adverse or detrimental to the seller or create a
conflict of interest.
(b) The representation of more than one seller by different licensees affiliated with the same broker in competing
transactions involving the same buyer does not in and of itself
constitute action that is adverse or detrimental to the sellers or
create a conflict of interest.
(4)(a) The showing of property in which a buyer is interested to other prospective buyers or the presentation of additional offers to purchase property while the property is subject to a transaction by a dual agent does not in and of itself
constitute action that is adverse or detrimental to the buyer or
create a conflict of interest.
(b) The representation of more than one buyer by different licensees affiliated with the same broker in competing
transactions involving the same property does not in and of
(2004 Ed.)
Real Estate Brokerage Relationships
itself constitute action that is adverse or detrimental to the
buyers or create a conflict of interest. [1997 c 217 § 4; 1996
c 179 § 6.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following
RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
18.86.070
18.86.070 Duration of agency relationship. (1) The
agency relationships set forth in this chapter commence at the
time that the licensee undertakes to provide real estate brokerage services to a principal and continue until the earliest of
the following:
(a) Completion of performance by the licensee;
(b) Expiration of the term agreed upon by the parties;
(c) Termination of the relationship by mutual agreement
of the parties; or
(d) Termination of the relationship by notice from either
party to the other. However, such a termination does not
affect the contractual rights of either party.
(2) Except as otherwise agreed to in writing, a licensee
owes no further duty after termination of the agency relationship, other than the duties of:
(a) Accounting for all moneys and property received during the relationship; and
(b) Not disclosing confidential information. [1997 c 217
§ 5; 1996 c 179 § 7.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following
RCW 18.86.120.
18.86.120
18.86.090 Vicarious liability. (1) A principal is not liable for an act, error, or omission by an agent or subagent of
the principal arising out of an agency relationship:
(a) Unless the principal participated in or authorized the
act, error, or omission; or
(b) Except to the extent that: (i) The principal benefited
from the act, error, or omission; and (ii) the court determines
that it is highly probable that the claimant would be unable to
enforce a judgment against the agent or subagent.
(2) A licensee is not liable for an act, error, or omission
of a subagent under this chapter, unless the licensee participated in or authorized the act, error or omission. This subsection does not limit the liability of a real estate broker for an
act, error, or omission by an associate real estate broker or
real estate salesperson licensed to that broker. [1996 c 179 §
9.]
18.86.090
18.86.100 Imputed knowledge and notice. (1) Unless
otherwise agreed to in writing, a principal does not have
knowledge or notice of any facts known by an agent or subagent of the principal that are not actually known by the principal.
(2) Unless otherwise agreed to in writing, a licensee does
not have knowledge or notice of any facts known by a subagent that are not actually known by the licensee. This subsection does not limit the knowledge imputed to a real estate
broker of any facts known by an associate real estate broker
or real estate salesperson licensed to such broker. [1996 c
179 § 10.]
18.86.100
18.86.110
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
18.86.080
18.86.080 Compensation. (1) In any real estate transaction, the broker's compensation may be paid by the seller,
the buyer, a third party, or by sharing the compensation
between brokers.
(2) An agreement to pay or payment of compensation
does not establish an agency relationship between the party
who paid the compensation and the licensee.
(3) A seller may agree that a seller's agent may share
with another broker the compensation paid by the seller.
(4) A buyer may agree that a buyer's agent may share
with another broker the compensation paid by the buyer.
(5) A broker may be compensated by more than one
party for real estate brokerage services in a real estate transaction, if those parties consent in writing at or before the time
of signing an offer in the transaction.
(6) A buyer's agent or dual agent may receive compensation based on the purchase price without breaching any duty
to the buyer.
(7) Nothing contained in this chapter negates the requirement that an agreement authorizing or employing a licensee
to sell or purchase real estate for compensation or a commission be in writing and signed by the seller or buyer. [1997 c
217 § 6; 1996 c 179 § 8.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note following
RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
(2004 Ed.)
18.86.110 Application. This chapter supersedes only
the duties of the parties under the common law, including
fiduciary duties of an agent to a principal, to the extent inconsistent with this chapter. The common law continues to apply
to the parties in all other respects. This chapter does not affect
the duties of a licensee while engaging in the authorized or
unauthorized practice of law as determined by the courts of
this state. This chapter shall be construed broadly. [1996 c
179 § 11.]
18.86.120 Pamphlet on the law of real estate
agency—Content. The pamphlet required under RCW
18.86.030(1)(f) shall consist of the entire text of RCW
18.86.010 through 18.86.030 and 18.86.040 through
18.86.110 with a separate cover page. The pamphlet shall be
8 1/2 by 11 inches in size, the text shall be in print no smaller
than 10-point type, the cover page shall be in print no smaller
than 12-point type, and the title of the cover page "The Law
of Real Estate Agency" shall be in print no smaller than 18point type. The cover page shall be in the following form:
The Law of Real Estate Agency
This pamphlet describes your legal rights in dealing with
a real estate broker or salesperson. Please read it carefully
before signing any documents.
18.86.120
The following is only a brief summary of the
attached law:
Sec. 1. Definitions. Defines the specific terms used
in the law.
Sec. 2. Relationships between Licensees and the
Public. States that a licensee who works with a
[Title 18 RCW—page 229]
18.86.900
Title 18 RCW: Businesses and Professions
buyer or tenant represents that buyer or tenant—
unless the licensee is the listing agent, a seller's subagent, a dual agent, the seller personally or the parties agree otherwise. Also states that in a transaction
involving two different licensees affiliated with the
same broker, the broker is a dual agent and each licensee solely represents his or her client—unless the
parties agree in writing that both licensees are dual
agents.
Sec. 3. Duties of a Licensee Generally. Prescribes
the duties that are owed by all licensees, regardless
of who the licensee represents. Requires disclosure
of the licensee's agency relationship in a specific
transaction.
Sec. 4. Duties of a Seller's Agent. Prescribes the
additional duties of a licensee representing the seller
or landlord only.
Sec. 5. Duties of a Buyer's Agent. Prescribes the
additional duties of a licensee representing the buyer
or tenant only.
Sec. 6. Duties of a Dual Agent. Prescribes the additional duties of a licensee representing both parties
in the same transaction, and requires the written
consent of both parties to the licensee acting as a
dual agent.
Sec. 7. Duration of Agency Relationship. Describes
when an agency relationship begins and ends. Provides that the duties of accounting and confidentiality continue after the termination of an agency relationship.
Sec. 8. Compensation. Allows brokers to share
compensation with cooperating brokers. States that
payment of compensation does not necessarily
establish an agency relationship. Allows brokers to
receive compensation from more than one party in a
transaction with the parties' consent.
Sec. 9. Vicarious Liability. Eliminates the common
law liability of a party for the conduct of the party's
agent or subagent, unless the agent or subagent is
insolvent. Also limits the liability of a broker for the
conduct of a subagent associated with a different
broker.
Sec. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge
of the principal.
Sec. 11. Interpretation. This law replaces the fiduciary duties owed by an agent to a principal under
the common law, to the extent that it conflicts with
the common law.
[1997 c 217 § 7; 1996 c 179 § 13.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: "Amendments set
forth in sections 1 through 6 of this act are not required to be included in the
pam phlet on the law of real estate agency required under RCW
18.86.030(1)(f) and 18.86.120 until January 1, 1998." [1997 c 217 § 8.]
Effective date—1997 c 217 § 7: "Section 7 of this act takes effect January 1, 1998." [1997 c 217 § 10.]
18.86.900 Effective date—1996 c 179. This chapter
shall take effect on January 1, 1997. This chapter does not
apply to an agency relationship entered into before January 1,
18.86.900
[Title 18 RCW—page 230]
1997, unless the principal and agent agree in writing that this
chapter will, as of January 1, 1997, apply to such agency relationship. [1996 c 179 § 12.]
18.86.901
18.86.901 Captions not law—1996 c 179. Captions
used in this chapter do not constitute any part of the law.
[1996 c 179 § 15.]
18.86.902
18.86.902 Effective date—1996 c 179. This act shall
take effect January 1, 1997. [1996 c 179 § 19.]
Chapter 18.88A
Chapter 18.88A RCW
NURSING ASSISTANTS
Sections
18.88A.010
18.88A.020
18.88A.030
18.88A.040
18.88A.050
18.88A.060
18.88A.080
18.88A.085
18.88A.090
18.88A.100
18.88A.110
18.88A.120
18.88A.130
18.88A.140
18.88A.150
18.88A.200
18.88A.210
18.88A.230
18.88A.900
Legislative declaration.
Definitions.
Scope of practice—Voluntary certification—Rules.
Registration and certification.
Powers of secretary.
Commission—Powers.
Registration requirements.
Certification of requirements.
Examinations.
Waiver of examination for initial applications.
Certificates for applicants credentialed in another state.
Applications for registration and certification—Fee.
Renewal of registration or certification.
Exemptions.
Application of uniform disciplinary act.
Delegation of nursing care tasks—Legislative finding.
Delegation—Generally.
Delegation—Liability—Reprisal or disciplinary action.
Severability—1991 c 16.
18.88A.010
18.88A.010 Legislative declaration. The legislature
takes special note of the contributions made by nursing assistants in health care facilities whose tasks are arduous and
whose working conditions may be contributing to the high
and often critical turnover among the principal cadre of
health care workers who provide for the basic needs of
patients. The legislature also recognizes the growing shortage
of nurses as the proportion of the elderly population grows
and as the acuity of patients in hospitals and nursing homes
becomes generally more severe.
The legislature finds and declares that occupational nursing assistants should have a formal system of educational and
experiential qualifications leading to career mobility and
advancement. The establishment of such a system should
bring about a more stabilized work force in health care facilities, as well as provide a valuable resource for recruitment
into licensed nursing practice.
The legislature finds that the quality of patient care in
health care facilities is dependent upon the competence of the
personnel who staff their facilities. To assure the availability
of trained personnel in health care facilities the legislature
recognizes the need for training programs for nursing assistants.
The legislature declares that the registration of nursing
assistants and providing for voluntary certification of those
who wish to seek higher levels of qualification is in the interest of the public health, safety, and welfare. [1991 c 16 § 1;
1989 c 300 § 3; 1988 c 267 § 1. Formerly RCW 18.52B.010.]
(2004 Ed.)
Nursing Assistants
18.88A.020
18.88A.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Commission" means the Washington nursing care
quality assurance commission.
(4) "Nursing assistant" means an individual, regardless
of title, who, under the direction and supervision of a registered nurse or licensed practical nurse, assists in the delivery
of nursing and nursing-related activities to patients in a health
care facility. The two levels of nursing assistants are (a)
"nursing assistant-certified," an individual certified under
this chapter, (b) "nursing assistant-registered," an individual
registered under this chapter.
(5) "Approved training program" means a nursing assistant-certified training program approved by the commission.
For community college, vocational-technical institutes, skill
centers, and secondary school as defined in chapter 28B.50
RCW, nursing assistant-certified training programs shall be
approved by the commission in cooperation with the board
for community and technical colleges or the superintendent
of public instruction.
(6) "Health care facility" means a nursing home, hospital, hospice care facility, home health care agency, hospice
agency, or other entity for delivery of health care services as
defined by the commission.
(7) "Competency evaluation" means the measurement of
an individual's knowledge and skills as related to safe, competent performance as a nursing assistant. [1994 sp.s. c 9 §
708; 1991 c 16 § 2; (1991 c 3 § 221 repealed by 1991 sp.s. c
11 § 2); 1989 c 300 § 4; 1988 c 267 § 2. Formerly RCW
18.52B.020.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Nursing care quality assurance commission: Chapter 18.79 RCW.
18.88A.030
18.88A.030 Scope of practice—Voluntary certification—Rules. (1) A nursing assistant may assist in the care of
individuals as delegated by and under the direction and
supervision of a licensed (registered) nurse or licensed practical nurse.
(2) A health care facility shall not assign a nursing assistant-registered to provide care until the nursing assistant-registered has demonstrated skills necessary to perform competently all assigned duties and responsibilities.
(3) Nothing in this chapter shall be construed to confer
on a nursing assistant the authority to administer medication
unless delegated as a specific nursing task pursuant to this
chapter or to practice as a licensed (registered) nurse or
licensed practical nurse as defined in chapter 18.79 RCW.
(4) Certification is voluntary for nursing assistants working in health care facilities other than nursing homes unless
otherwise required by state or federal law or regulation.
(5) The commission may adopt rules to implement the
provisions of this chapter. [1995 1st sp.s. c 18 § 52; 1994
sp.s. c 9 § 709; 1991 c 16 § 3; 1989 c 300 § 5; 1988 c 267 §
3. Formerly RCW 18.52B.030.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
(2004 Ed.)
18.88A.060
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.040
18.88A.040 Registration and certification. (1) No
person may practice or represent himself or herself as a nursing assistant-registered by use of any title or description without being registered by the department pursuant to this chapter.
(2) After October 1, 1990, no person may by use of any
title or description, practice or represent himself or herself as
a nursing assistant-certified without applying for certification, meeting the qualifications, and being certified by the
department pursuant to this chapter. [1991 c 16 § 4; 1989 c
300 § 6; 1988 c 267 § 4. Formerly RCW 18.52B.040.]
18.88A.050
18.88A.050 Powers of secretary. In addition to any
other authority provided by law, the secretary has the authority to:
(1) Set all certification, registration, and renewal fees in
accordance with RCW 43.70.250 and to collect and deposit
all such fees in the health professions account established
under RCW 43.70.320;
(2) Establish forms, procedures, and examinations necessary to administer this chapter;
(3) Hire clerical, administrative, and investigative staff
as needed to implement this chapter;
(4) Issue a registration to any applicant who has met the
requirements for registration;
(5) After January 1, 1990, issue a certificate to any applicant who has met the education, training, and conduct
requirements for certification;
(6) Maintain the official record for the department of all
applicants and persons with registrations and certificates;
(7) Exercise disciplinary authority as authorized in chapter 18.130 RCW;
(8) Deny registration to any applicant who fails to meet
requirement for registration;
(9) Deny certification to applicants who do not meet the
education, training, competency evaluation, and conduct
requirements for certification. [1991 c 16 § 6; (1991 c 3 §
222 repealed by 1991 sp.s. c 11 § 2); 1989 c 300 § 7; 1988 c
267 § 6. Formerly RCW 18.52B.060.]
18.88A.060
18.88A.060 Commission—Powers. In addition to any
other authority provided by law, the commission may:
(1) Determine minimum education requirements and
approve training programs;
(2) Prepare, grade, and administer, or determine the
nature of, and supervise the grading and administration of,
examinations of training and competency for applicants for
certification;
(3) Determine whether alternative methods of training
are equivalent to approved training programs, and establish
forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take any qualifying examination for certification;
(4) Define and approve any experience requirement for
certification;
(5) Adopt rules implementing a continuing competency
evaluation program;
[Title 18 RCW—page 231]
18.88A.080
Title 18 RCW: Businesses and Professions
(6) Adopt rules to enable it to carry into effect the provisions of this chapter. [1994 sp.s. c 9 § 710; 1991 c 16 § 8;
1989 c 300 § 8; 1988 c 267 § 7. Formerly RCW 18.52B.070.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.080
18.88A.080 Registration requirements. (1) The secretary shall issue a registration to any applicant who pays any
applicable fees and submits, on forms provided by the secretary, the applicant's name, address, and other information as
determined by the secretary, provided there are no grounds
for denial of registration or issuance of a conditional registration under this chapter or chapter 18.130 RCW.
(2) Applicants must file an application with the commission for registration within three days of employment. [1994
sp.s. c 9 § 711; 1991 c 16 § 10; (1991 c 3 § 224 repealed by
1991 sp.s. c 11 § 2); 1989 c 300 § 10; 1988 c 267 § 10. Formerly RCW 18.52B.100.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
(5) The commission may approve an examination prepared or administered by a private testing agency or association of licensing agencies for use by an applicant in meeting
the credentialing requirements. [1994 sp.s. c 9 § 713; 1991 c
3 § 225; 1989 c 300 § 11; 1988 c 267 § 13. Formerly RCW
18.52B.130.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.100 Waiver of examination for initial applications. The secretary shall waive the competency evaluation and certify a person to practice within the state of Washington if the commission determines that the person meets
commonly accepted standards of education and experience
for the nursing assistants. This section applies only to those
individuals who file an application for waiver by December
31, 1991. [1994 sp.s. c 9 § 714. Prior: 1991 c 16 § 12; 1991
c 3 § 226; 1989 c 300 § 12; 1988 c 267 § 15. Formerly RCW
18.52B.140.]
18.88A.100
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.085
18.88A.085 Certification of requirements. (1) After
January 1, 1990, the secretary shall issue a certificate to any
applicant who demonstrates to the secretary's satisfaction that
the following requirements have been met:
(a) Completion of an approved training program or successful completion of alternate training meeting established
criteria approved by the commission; and
(b) Successful completion of a competency evaluation.
(2) In addition, applicants shall be subject to the grounds
for denial of certification under chapter 18.130 RCW. [1994
sp.s. c 9 § 712; 1991 c 16 § 11.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.090
18.88A.090 Examinations. (1) The date and location of
examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the
requirements for certification shall be scheduled for the next
examination following the filing of the application. The secretary shall establish by rule the examination application
deadline.
(2) The commission shall examine each applicant, by a
written or oral and a manual component of competency evaluation. Examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill
and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers,
and the grading of skills demonstration shall be preserved for
a period of not less than one year after the commission has
made and published the decisions. All examinations shall be
conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in
the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require
such remedial education before the person may take future
examinations.
[Title 18 RCW—page 232]
18.88A.110 Certificates for applicants credentialed
in another state. An applicant holding a credential in
another state may be certified by endorsement to practice in
this state without examination if the secretary determines that
the other state's credentialing standards are substantially
equivalent to the standards in this state. [1991 c 16 § 13.]
18.88A.110
18.88A.120 Applications for registration and certification—Fee. Applications for registration and certification
shall be submitted on forms provided by the secretary. The
secretary may require any information and documentation
that reasonably relates to the need to determine whether the
applicant meets the criteria for registration and certification
credentialing provided for in this chapter and chapter 18.130
RCW. Each applicant shall comply with administrative procedures, administrative requirements, and fees determined by
the secretary under RCW 43.70.250 and 43.70.280. [1996 c
191 § 74; 1991 c 16 § 14.]
18.88A.120
18.88A.130 Renewal of registration or certification.
Registrations and certifications shall be renewed according to
administrative procedures, administrative requirements, and
fees determined by the secretary under RCW 43.70.250 and
43.70.280. [1996 c 191 § 75; 1994 sp.s. c 9 § 715; 1991 c 16
§ 15.]
18.88A.130
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.140 Exemptions. Nothing in this chapter may
be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing services within their authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and whose
performance of services is pursuant to a regular course of
18.88A.140
(2004 Ed.)
Respiratory Care Practitioners
instruction or assignments from an instructor and under the
general supervision of the instructor;
(4) A nursing assistant, while employed as a personal
aide as defined in RCW 74.39.007, from accepting direction
from an individual who is self-directing their care. [2003 c
140 § 3; 2000 c 171 § 25; 1991 c 16 § 5.]
Effective date—2003 c 140: See note following RCW 18.79.040.
18.88A.150
18.88A.150 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unregistered or uncertified practice, issuance of certificates
and registrations, and the discipline of persons registered or
with certificates under this chapter. The secretary shall be the
disciplinary authority under this chapter. [1991 c 16 § 7.]
18.88A.200
18.88A.200 Delegation of nursing care tasks—Legislative finding. The legislature recognizes that nurses have
been successfully delegating nursing care tasks to family
members and auxiliary staff for many years. The opportunity
for a nurse to delegate to nursing assistants qualifying under
RCW 18.88A.210 may enhance the viability and quality of
health care services in community-based care settings and inhome care settings to allow individuals to live as independently as possible with maximum safeguards. [2003 c 140 §
4; 1995 1st sp.s. c 18 § 45.]
Effective date—2003 c 140: See note following RCW 18.79.040.
18.89.010
18.88A.230
18.88A.230 Delegation—Liability—Reprisal or disciplinary action. (1) The nursing assistant shall be accountable for their own individual actions in the delegation process. Nursing assistants following written delegation instructions from registered nurses performed in the course of their
accurately written, delegated duties shall be immune from
liability.
(2) Nursing assistants shall not be subject to any
employer reprisal or disciplinary action by the secretary for
refusing to accept delegation of a nursing task based on
patient safety issues. No community-based care setting as
defined in RCW 18.79.260(3)(e), or in-home services agency
as defined in RCW 70.127.010, may discriminate or retaliate
in any manner against a person because the person made a
complaint or cooperated in the investigation of a complaint.
[2003 c 140 § 6; 2000 c 95 § 2; 1998 c 272 § 11; 1997 c 275
§ 6; 1995 1st sp.s. c 18 § 48.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.88A.900
18.88A.900 Severability—1991 c 16. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 16 § 17.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Chapter 18.89 RCW
RESPIRATORY CARE PRACTITIONERS
Chapter 18.89
18.88A.210
18.88A.210 Delegation—Generally. (1) A nursing
assistant meeting the requirements of this section who provides care to individuals in community-based care settings or
in-home care settings, as defined in RCW 18.79.260(3), may
accept delegation of nursing care tasks by a registered nurse
as provided in RCW 18.79.260(3).
(2) For the purposes of this section, "nursing assistant"
means a nursing assistant-registered or a nursing assistantcertified. Nothing in this section may be construed to affect
the authority of nurses to delegate nursing tasks to other persons, including licensed practical nurses, as authorized by
law.
(3) Before commencing any specific nursing care tasks
authorized under this chapter, the nursing assistant must (a)
provide to the delegating nurse a certificate of completion
issued by the department of social and health services indicating the completion of basic core nurse delegation training,
(b) be regulated by the department of health pursuant to this
chapter, subject to the uniform disciplinary act under chapter
18.130 RCW, and (c) meet any additional training requirements identified by the nursing care quality assurance commission. Exceptions to these training requirements must
adhere to RCW 18.79.260(3)(e)(v). [2003 c 140 § 5; 2000 c
95 § 1; 1998 c 272 § 10; 1995 1st sp.s. c 18 § 46.]
Effective date—2003 c 140: See note following RCW 18.79.040.
Findings—Severability—Effective date—1998 c 272: See notes following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
(2004 Ed.)
Sections
18.89.010
18.89.015
18.89.020
18.89.030
18.89.040
18.89.050
18.89.060
18.89.080
18.89.090
18.89.100
18.89.110
18.89.120
18.89.140
18.89.150
18.89.901
Legislative findings—Insurance coverage not mandated.
Unlawful practice, when.
Definitions.
Respiratory care practitioner—What constitutes.
Scope of practice.
Powers of secretary—Ad hoc advisers—Application of Uniform Disciplinary Act.
Record of proceedings.
Secretary and ad hoc committee immune from liability.
Licensure—Qualifications.
Certification—Competency requirements.
Licensure—Examination.
Licensure—Application form—Fee.
Renewal of licenses—Continuing education.
Reciprocity.
Severability—1987 c 415.
Regulation of health professions—Criteria: Chapter 18.120 RCW.
18.89.010
18.89.010 Legislative findings—Insurance coverage
not mandated. The legislature finds that in order to safeguard life, health, and to promote public welfare, a person
practicing or offering to practice respiratory care as a respiratory care practitioner in this state shall be required to submit
evidence that he or she is qualified to practice, and shall be
licensed as provided. The settings for these services may
include, health facilities licensed in this state, clinics, home
care, home health agencies, physicians' offices, and public or
community health services. Nothing in this chapter shall be
construed to require that individual or group policies or contracts of an insurance carrier, health care service contractor,
or health maintenance organization provide benefits or cover[Title 18 RCW—page 233]
18.89.015
Title 18 RCW: Businesses and Professions
age for services and supplies provided by a person certified
under this chapter. [1997 c 334 § 1; 1987 c 415 § 1.]
Effective dates—1997 c 334: "(1) Sections 5, 9, and 10 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect July 1, 1997.
(2) Sections 1 through 4, 6 through 8, and 11 through 15 of this act take
effect July 1, 1998." [1997 c 334 § 16.]
18.89.015
18.89.015 Unlawful practice, when. After July 1,
1998, it shall be unlawful for a person to practice or to offer
to practice as a respiratory care practitioner in this state or to
use a title, sign, or device to indicate that such a person is
practicing as a respiratory care practitioner unless the person
has been duly licensed and registered under the provisions of
this chapter. [1997 c 334 § 2.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.020
18.89.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health or the secretary's designee.
(3) "Respiratory care practitioner" means an individual
licensed under this chapter.
(4) "Physician" means an individual licensed under
chapter 18.57 or 18.71 RCW. [1997 c 334 § 3; 1994 sp.s. c 9
§ 511; 1991 c 3 § 227; 1987 c 415 § 2.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.89.030
18.89.030 Respiratory care practitioner—What constitutes. A respiratory care practitioner is a person who
adopts or uses any title or any description of services which
incorporates one or more of the following terms or designations: (1) RT, (2) RCP, (3) respiratory care practitioner, (4)
respiratory therapist, (5) respiratory technician, (6) inhalation
therapist, or (7) any other words, abbreviation, or insignia
indicating that he or she is a respiratory care practitioner.
[1987 c 415 § 4.]
18.89.040
18.89.040 Scope of practice. (1) A respiratory care
practitioner licensed under this chapter is employed in the
treatment, management, diagnostic testing, rehabilitation,
and care of patients with deficiencies and abnormalities
which affect the cardiopulmonary system and associated
aspects of other systems, and is under the direct order and
under the qualified medical direction of a physician. The
practice of respiratory care includes:
(a) The use and administration of prescribed medical
gases, exclusive of general anesthesia;
(b) The use of air and oxygen administering apparatus;
(c) The use of humidification and aerosols;
(d) The administration, to the extent of training, as determined by the secretary, of prescribed pharmacologic agents
related to respiratory care;
(e) The use of mechanical ventilatory, hyperbaric, and
physiological support;
(f) Postural drainage, chest percussion, and vibration;
[Title 18 RCW—page 234]
(g) Bronchopulmonary hygiene;
(h) Cardiopulmonary resuscitation as it pertains to
advanced cardiac life support or pediatric advanced life support guidelines;
(i) The maintenance of natural and artificial airways and
insertion, without cutting tissues, of artificial airways, as prescribed by a physician;
(j) Diagnostic and monitoring techniques such as the collection and measurement of cardiorespiratory specimens,
volumes, pressures, and flows;
(k) The insertion of devices to draw, analyze, infuse, or
monitor pressure in arterial, capillary, or venous blood as prescribed by a physician or an advanced registered nurse practitioner as authorized by the nursing care quality assurance
commission under chapter 18.79 RCW; and
(l) Diagnostic monitoring of and therapeutic interventions for desaturation, ventilatory patterns, and related sleep
abnormalities to aid the physician in diagnosis. This subsection does not prohibit any person from performing sleep
monitoring tasks as set forth in this subsection under the
supervision or direction of a licensed health care provider.
(2) Nothing in this chapter prohibits or restricts:
(a) The practice of a profession by individuals who are
licensed under other laws of this state who are performing
services within their authorized scope of practice, that may
overlap the services provided by respiratory care practitioners;
(b) The practice of respiratory care by an individual
employed by the government of the United States while the
individual is engaged in the performance of duties prescribed
for him or her by the laws and rules of the United States;
(c) The practice of respiratory care by a person pursuing
a supervised course of study leading to a degree or certificate
in respiratory care as a part of an accredited and approved
educational program, if the person is designated by a title that
clearly indicates his or her status as a student or trainee and
limited to the extent of demonstrated proficiency of completed curriculum, and under direct supervision;
(d) The use of the title "respiratory care practitioner" by
registered nurses authorized under chapter 18.79 RCW; or
(e) The practice without compensation of respiratory
care of a family member.
Nothing in this chapter shall be construed to require that
individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance
organization provide benefits or coverage for services and
supplies provided by a person licensed under this chapter.
[1999 c 84 § 1; 1997 c 334 § 4; 1994 sp.s. c 9 § 716; 1987 c
415 § 5.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.89.050
18.89.050 Powers of secretary—Ad hoc advisers—
Application of Uniform Disciplinary Act. (1) In addition to
any other authority provided by law, the secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW,
necessary to implement this chapter;
(b) Set all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(2004 Ed.)
Respiratory Care Practitioners
(c) Establish forms and procedures necessary to administer this chapter;
(d) Issue a license to any applicant who has met the education, training, and examination requirements for licensure;
(e) Hire clerical, administrative, and investigative staff
as needed to implement this chapter and hire individuals
licensed under this chapter to serve as examiners for any
practical examinations;
(f) Approve those schools from which graduation will be
accepted as proof of an applicant's eligibility to take the licensure examination, specifically requiring that applicants must
have completed an accredited respiratory program with twoyear curriculum;
(g) Prepare, grade, and administer, or determine the
nature of, and supervise the grading and administration of,
examinations for applicants for licensure;
(h) Determine whether alternative methods of training
are equivalent to formal education and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take the
examination;
(i) Determine which states have legal credentialing
requirements equivalent to those of this state and issue
licenses to individuals legally credentialed in those states
without examination;
(j) Define and approve any experience requirement for
licensure; and
(k) Appoint members of the profession to serve in an ad
hoc advisory capacity to the secretary in carrying out this
chapter. The members will serve for designated times and
provide advice on matters specifically identified and
requested by the secretary. The members shall be compensated in accordance with RCW 43.03.220 and reimbursed for
travel expenses under RCW 43.03.040 and 43.03.060.
(2) The provisions of chapter 18.130 RCW shall govern
the issuance and denial of licenses, unlicensed practice, and
the disciplining of persons licensed under this chapter. The
secretary shall be the disciplining authority under this chapter. [2004 c 262 § 13; 1997 c 334 § 5; 1994 sp.s. c 9 § 512;
1991 c 3 § 228; 1987 c 415 § 6.]
Effective date—2004 c 262 §§ 13 and 14: "Sections 13 and 14 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and take effect immediately [March 31, 2004]." [2004 c 262 § 15.]
Findings—2004 c 262: See note following RCW 18.06.050.
Effective dates—1997 c 334: See note following RCW 18.89.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.89.060
18.89.060 Record of proceedings. The secretary shall
keep an official record of all proceedings, a part of which
record shall consist of a register of all applicants for licensure
under this chapter, with the result of each application. [1997
c 334 § 6; 1991 c 3 § 229; 1987 c 415 § 7.]
18.89.110
duties. [1997 c 334 § 7; 1994 sp.s. c 9 § 513; 1991 c 3 § 231;
1987 c 415 § 9.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.89.090
18.89.090 Licensure—Qualifications. (1) The secretary shall issue a license to any applicant who demonstrates to
the secretary's satisfaction that the following requirements
have been met:
(a) Graduation from a school approved by the secretary
or successful completion of alternate training which meets
the criteria established by the secretary;
(b) Successful completion of an examination administered or approved by the secretary;
(c) Successful completion of any experience requirement
established by the secretary;
(d) Good moral character.
In addition, applicants shall be subject to the grounds for
denial or issuance of a conditional license under chapter
18.130 RCW.
(2) A person who meets the qualifications to be admitted
to the examination for licensure as a respiratory care practitioner may practice as a respiratory care practitioner under
the supervision of a respiratory care practitioner licensed
under this chapter between the date of filing an application
for licensure and the announcement of the results of the next
succeeding examination for licensure if that person applies
for and takes the first examination for which he or she is eligible.
(3) A person certified as a respiratory care practitioner in
good standing on July 1, 1998, who applies within one year
of July 1, 1998, may be licensed without having completed
the two-year curriculum set forth in RCW 18.89.050(1)(f),
and without having to retake an examination under subsection (1)(b) of this section.
(4) The secretary shall establish by rule what constitutes
adequate proof of meeting the criteria. [1997 c 334 § 8; 1991
c 3 § 232; 1987 c 415 § 10.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.100
18.89.100 Certification—Competency requirements.
The secretary shall approve only those persons who have
achieved the minimum level of competency as defined by the
secretary. The secretary shall establish by rule the standards
and procedures for approval of alternate training and shall
have the authority to contract with individuals or organizations having expertise in the profession, or in education, to
assist in evaluating those applying for approval. The standards and procedures set shall apply equally to schools and
training within the United States and those in foreign jurisdictions. [1991 c 3 § 233; 1987 c 415 § 11.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.110
18.89.080
18.89.080 Secretary and ad hoc committee immune
from liability. The secretary, ad hoc committee members, or
individuals acting on their behalf are immune from suit in any
civil action based on any licensure or disciplinary proceedings, or other official acts performed in the course of their
(2004 Ed.)
18.89.110 Licensure—Examination. (1) The date and
location of the examination shall be established by the secretary. Applicants who have been found by the secretary to
meet the other requirements for licensure shall be scheduled
for the next examination following the filing of the application. However, the applicant shall not be scheduled for any
[Title 18 RCW—page 235]
18.89.120
Title 18 RCW: Businesses and Professions
examination taking place sooner than sixty days after the
application is filed.
(2) The secretary shall examine each applicant, by means
determined most effective, on subjects appropriate to the
scope of practice. Such examinations shall be limited to the
purpose of determining whether the applicant possesses the
minimum skill and knowledge necessary to practice competently, and shall meet generally accepted standards of fairness
and validity for licensure examinations.
(3) All examinations shall be conducted by the secretary,
and all grading of the examinations shall be under fair and
wholly impartial methods.
(4) Any applicant who fails to make the required grade in
the first examination is entitled to take up to three subsequent
examinations, upon compliance with administrative procedures, administrative requirements, and fees determined by
the secretary under RCW 43.70.250 and 43.70.280 and such
remedial education as is deemed necessary.
(5) Applicants who meet the educational criteria as
established by the national board for respiratory care to sit for
the national board for respiratory care's advanced practitioner
exams, or who have been issued the registered respiratory
therapist credential by the national board for respiratory care,
shall be considered to have met the educational criteria of this
chapter, provided the criteria and credential continue to be
recognized by the secretary as equal to or greater than the
licensure standards in Washington. Applicants must have
verification submitted directly from the national board for
respiratory care to the department.
(6) The secretary may approve an examination prepared
and administered by a private testing agency or association of
credentialing boards for use by an applicant in meeting the
licensure requirement. [2004 c 262 § 14; 1997 c 334 § 9;
1996 c 191 § 76; 1991 c 3 § 234; 1987 c 415 § 12.]
Effective date—2004 c 262 §§ 13 and 14: See note following RCW
18.89.050.
Findings—2004 c 262: See note following RCW 18.06.050.
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.120
18.89.120 Licensure—Application form—Fee.
Applications for licensure shall be submitted on forms provided by the secretary. The secretary may require any information and documentation which reasonably relates to the
need to determine whether the applicant meets the criteria for
licensure provided in this chapter and chapter 18.130 RCW.
All applicants shall comply with administrative procedures,
administrative requirements, and fees determined by the secretary under RCW 43.70.250 and 43.70.280. [1997 c 334 §
10; 1996 c 191 § 77; 1991 c 3 § 235; 1987 c 415 § 13.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.140
18.89.140 Renewal of licenses—Continuing education. Licenses shall be renewed according to administrative
procedures, administrative requirements, continuing education requirements, and fees determined by the secretary under
RCW 43.70.250 and 43.70.280. A minimum of thirty hours
of continuing education approved by the secretary must be
completed every two years to meet the continuing education
requirements under this section. [2000 c 93 § 43; 1997 c 334
§ 11; 1996 c 191 § 78; 1991 c 3 § 237; 1987 c 415 § 15.]
[Title 18 RCW—page 236]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.150
18.89.150 Reciprocity. An applicant holding a license
in another state may be licensed to practice in this state without examination if the secretary determines that the other
state's licensing standards are substantially equivalent to the
standards in this state. [1997 c 334 § 12.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.901 Severability—1987 c 415. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 415 § 21.]
18.89.901
Chapter 18.92
Chapter 18.92 RCW
VETERINARY MEDICINE, SURGERY,
AND DENTISTRY
Sections
18.92.010
18.92.012
18.92.013
18.92.015
18.92.021
18.92.030
18.92.035
18.92.040
18.92.046
18.92.047
18.92.051
18.92.060
18.92.070
18.92.100
18.92.115
18.92.120
18.92.125
18.92.130
18.92.135
18.92.140
18.92.145
18.92.150
18.92.230
18.92.240
18.92.250
18.92.260
18.92.900
Veterinary practice defined.
Authority to dispense legend drugs prescribed by other veterinarians.
Dispensing of drugs by registered personnel.
Definitions.
Veterinary board of governors—Appointment, qualifications,
terms, officers—Quorum.
General duties of board.
Board to certify successful examinees.
Compensation and travel expenses of board members.
Application of uniform disciplinary act.
Impaired veterinarian program—Content—License surcharge.
Compliance with chapter required.
Licensing exemptions.
Applications—Procedure—Qualifications—Eligibility to take
examination.
Examinations—Time of—Subjects—Manner.
Reexamination—Fee.
License—Temporary certificates, restrictions.
Veterinary technicians or veterinary medication clerks.
License—Reciprocity with other states—Fee.
License to practice specialized veterinary medicine.
License—Procedures, requirements, fees.
License, certificates of registration, permit, examination, and
renewal fees.
License—Display.
Use of another's license or diploma a felony.
Violations generally—Penalty.
Intent—Veterinary services—Low-income households.
Animal care societies/nonprofit humane societies—Lowincome households—License required—Rule-making
authority—Uniform disciplinary act—Registration—Fees.
Severability—1941 c 71.
Duty of veterinarians to report diseases: RCW 16.36.080.
18.92.010 Veterinary practice defined. Any person
shall be regarded as practicing veterinary medicine, surgery
and dentistry within the meaning of this chapter who shall,
within this state, (1) by advertisement, or by any notice, sign,
or other indication, or by a statement written, printed or oral,
in public or private, made, done, or procured by himself or
herself, or any other, at his or her request, for him or her, represent, claim, announce, make known or pretend his or her
ability or willingness to diagnose or prognose or treat diseases, deformities, defects, wounds, or injuries of animals;
(2) or who shall so advertise, make known, represent or claim
his or her ability and willingness to prescribe or administer
any drug, medicine, treatment, method or practice, or to perform any operation, manipulation, or apply any apparatus or
18.92.010
(2004 Ed.)
Veterinary Medicine, Surgery, and Dentistry
appliance for cure, amelioration, correction or reduction or
modification of any animal disease, deformity, defect, wound
or injury, for hire, fee, compensation, or reward, promised,
offered, expected, received, or accepted directly or indirectly;
(3) or who shall within this state diagnose or prognose any
animal diseases, deformities, defects, wounds or injuries, for
hire, fee, reward, or compensation promised, offered,
expected, received, or accepted directly or indirectly; (4) or
who shall within this state prescribe or administer any drug,
medicine, treatment, method or practice, or perform any
operation, or manipulation, or apply any apparatus or appliance for the cure, amelioration, alleviation, correction, or
modification of any animal disease, deformity, defect,
wound, or injury, for hire, fee, compensation, or reward,
promised, offered, expected, received or accepted directly or
indirectly; (5) or who performs any manual procedure for the
diagnosis of pregnancy, sterility, or infertility upon livestock;
(6) or who implants any electronic device for the purpose of
establishing or maintaining positive identification of animals.
The opening of an office or place of business for the
practice of veterinary medicine, the use of a sign, card, device
or advertisement as a practitioner of veterinary medicine or as
a person skilled in such practice shall be prima facie evidence
of engaging in the practice of veterinary medicine, surgery
and dentistry. [1995 c 317 § 1; 1959 c 92 § 1; 1941 c 71 § 1;
Rem. Supp. 1941 § 10040-1. Prior: 1907 c 124 § 1.
FORMER PART OF SECTION: 1941 c 71 § 21; Rem. Supp.
1941 § 10040-21, now codified as RCW 18.92.015.]
18.92.012
18.92.012 Authority to dispense legend drugs prescribed by other veterinarians. A veterinarian licensed
under this chapter may dispense veterinary legend drugs prescribed by other veterinarians licensed under this chapter, so
long as, during any year, the total drugs so dispensed do not
constitute more than five percent of the total dosage units of
legend drugs the veterinarian dispenses and the veterinarian
maintains records of his or her dispensing activities consistent with the requirements of chapters 18.64, 69.04, 69.41,
and 69.50 RCW. For purposes of this section, a "veterinary
legend drug" is a legend drug, as defined in chapter 69.41
RCW, which is either: (1) Restricted to use by licensed veterinarians by any law or regulation of the federal government, or (2) designated by rule by the state board of pharmacy as being a legend drug that one licensed veterinarian
may dispense for another licensed veterinarian under this section. [1991 c 47 § 1.]
18.92.013
18.92.013 Dispensing of drugs by registered personnel. (1) A veterinarian legally prescribing drugs may delegate to a registered veterinary medication clerk or a registered
veterinary technician, while under the veterinarian's direct
supervision, certain nondiscretionary functions defined by
the board and used in the dispensing of legend and nonlegend
drugs (except controlled substances as defined in or under
chapter 69.50 RCW) associated with the practice of veterinary medicine. Upon final approval of the packaged prescription following a direct physical inspection of the packaged
prescription for proper formulation, packaging, and labeling
by the veterinarian, the veterinarian may delegate the delivery of the prescription to a registered veterinary medication
(2004 Ed.)
18.92.021
clerk or registered veterinary technician, while under the veterinarian's indirect supervision. Dispensing of drugs by veterinarians, registered veterinary technicians, and registered veterinary medication clerks shall meet the applicable requirements of chapters 18.64, 69.40, 69.41, and 69.50 RCW and is
subject to inspection by the board of pharmacy investigators.
(2) For the purposes of this section:
(a) "Direct supervision" means the veterinarian is on the
premises and is quickly and easily available; and
(b) "Indirect supervision" means the veterinarian is not
on the premises but has given written or oral instructions for
the delegated task. [2000 c 93 § 8; 1993 c 78 § 2.]
18.92.015
18.92.015 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
"Veterinary technician" means a person who has successfully completed an examination administered by the
board and who has either successfully completed a post high
school course approved by the board in the care and treatment
of animals or had five years' practical experience, acceptable
to the board, with a licensed veterinarian.
"Board" means the Washington state veterinary board of
governors.
"Department" means the department of health.
"Secretary" means the secretary of the department of
health.
"Veterinary medication clerk" means a person who has
satisfactorily completed a board-approved training program
developed in consultation with the board of pharmacy and
designed to prepare persons to perform certain nondiscretionary functions defined by the board and used in the dispensing
of legend and nonlegend drugs (except controlled substances
as defined in or under chapter 69.50 RCW) associated with
the practice of veterinary medicine. [2000 c 93 § 9; 1993 c 78
§ 1; 1991 c 332 § 40; 1991 c 3 § 238; 1983 c 102 § 1; 1979 c
158 § 71; 1974 ex.s. c 44 § 1; 1967 ex.s. c 50 § 1; 1959 c 92
§ 2; 1941 c 71 § 21; Rem. Supp. 1941 § 10040-21. Formerly
RCW 18.92.010, part.]
Captions not law—1991 c 332: See note following RCW 18.130.010.
18.92.021
18.92.021 Veterinary board of governors—Appointment, qualifications, terms, officers—Quorum. (1) There
is created a Washington state veterinary board of governors
consisting of six members, five of whom shall be licensed
veterinarians, and one of whom shall be a lay member.
(2) The licensed members shall be appointed by the governor. At the time of their appointment the licensed members
of the board must be actual residents of the state in active
practice as licensed practitioners of veterinary medicine, surgery, and dentistry and must be citizens of the United States.
Not more than one licensed member shall be from the same
congressional district. The board shall not be deemed to be
unlawfully constituted and a member of the board shall not be
deemed ineligible to serve the remainder of the member's
unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts.
The terms of the first licensed members of the board
shall be as follows: One member for five, four, three, two,
and one years respectively. Thereafter the terms shall be for
[Title 18 RCW—page 237]
18.92.030
Title 18 RCW: Businesses and Professions
five years and until their successors are appointed and qualified.
(3) The lay member shall be appointed by the governor
for a five year term and until the lay member's successor is
appointed.
(4) A member may be appointed to serve a second term,
if that term does not run consecutively. Vacancies in the
board shall be filled by the governor, the appointee to hold
office for the remainder of the unexpired term.
(5) Officers of the board shall be a chairman and a secretary-treasurer to be chosen by the members of the board from
among its members.
(6) Four members of the board shall constitute a quorum
at meetings of the board. [1983 c 2 § 2. Prior: 1982 1st ex.s.
c 30 § 5; 1982 c 134 § 1; 1979 ex.s. c 31 § 1; 1967 ex.s. c 50
§ 2; 1959 c 92 § 3.]
Severability—1983 c 2: See note following RCW 18.71.030.
members of the board except in connection with board meetings without prior approval of the secretary. [1991 c 3 § 240;
1984 c 287 § 51; 1983 c 102 § 4; 1975-'76 2nd ex.s. c 34 § 53;
1974 ex.s. c 44 § 3; 1967 ex.s. c 50 § 4; 1959 c 92 § 5; 1941
c 71 § 5; 1913 c 79 § 2; 1907 c 124 § 13; Rem. Supp. 1941 §
10040-5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—Effective date—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.92.046
18.92.046 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
58; 1986 c 259 § 139.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.92.030
18.92.030 General duties of board. The board shall
develop and administer, or approve, or both, a licensure
examination in the subjects determined by the board to be
essential to the practice of veterinary medicine, surgery, and
dentistry. The board may approve an examination prepared or
administered by a private testing agency or association of
licensing authorities. The board, under chapter 34.05 RCW,
may adopt rules necessary to carry out the purposes of this
chapter, including the performance of the duties and responsibilities of veterinary technicians and veterinary medication
clerks. The rules shall be adopted in the interest of good veterinary health care delivery to the consuming public and shall
not prevent veterinary technicians from inoculating an animal. The board also has the power to adopt by rule standards
prescribing requirements for veterinary medical facilities and
fixing minimum standards of continuing veterinary medical
education.
The department is the official office of record. [2000 c
93 § 10; 1995 c 198 § 13; 1993 c 78 § 3; 1986 c 259 § 140;
1983 c 102 § 2; 1982 c 134 § 2; 1981 c 67 § 23; 1974 ex.s. c
44 § 2; 1967 ex.s. c 50 § 3; 1961 c 157 § 2; 1959 c 92 § 4;
1941 c 71 § 4; Rem. Supp. 1941 § 10040-4. FORMER PART
OF SECTION: 1941 c 71 § 9; Rem. Supp. 1941 § 10040-9
now codified as RCW 18.92.035.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
18.92.035
18.92.035 Board to certify successful examinees. The
board shall certify to the secretary the names of all applicants
who have successfully passed an examination and are entitled
to a license to practice veterinary medicine, surgery and dentistry. The secretary shall thereupon issue a license to practice
veterinary medicine, surgery and dentistry to such applicant.
[1991 c 3 § 239; 1941 c 71 § 9; Rem. Supp. 1941 § 10040-9.
Formerly RCW 18.92.030, part.]
18.92.040
18.92.040 Compensation and travel expenses of
board members. Each member of the board shall be compensated in accordance with RCW 43.70.250 and shall be
reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060. No expense may be incurred by
[Title 18 RCW—page 238]
18.92.047
18.92.047 Impaired veterinarian program—Content—License surcharge. (1) To implement an impaired
veterinarian program as authorized by RCW 18.130.175, the
veterinary board of governors shall enter into a contract with
a voluntary substance abuse monitoring program. The
impaired veterinarian program may include any or all of the
following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected
impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired veterinarians to treatment programs;
(e) Monitoring the treatment and rehabilitation of
impaired veterinarians including those ordered by the board;
(f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired
veterinarians; and
(g) Performing other related activities as determined by
the board.
(2) A contract entered into under subsection (1) of this
section shall be financed by a surcharge of up to twenty-five
dollars on each license issuance or renewal of a new license
to be collected by the department of health from every veterinarian licensed under chapter 18.92 RCW. These moneys
shall be placed in the health professions account to be used
solely for the implementation of the impaired veterinarian
program. [1991 c 3 § 241; 1989 c 125 § 2.]
18.92.051
18.92.051 Compliance with chapter required. It is a
violation of RCW 18.130.190 for any person to practice the
profession of veterinary medicine, surgery, or dentistry in
this state, who has not complied with the provisions of this
chapter. [1987 c 150 § 59.]
Severability—1987 c 150: See RCW 18.122.901.
18.92.060
18.92.060 Licensing exemptions. Nothing in this chapter applies to:
(1) Commissioned veterinarians in the United States military services or veterinarians employed by Washington state
and federal agencies while performing official duties;
(2004 Ed.)
Veterinary Medicine, Surgery, and Dentistry
(2) A person practicing veterinary medicine upon his or
her own animal;
(3) A person advising with respect to or performing the
castrating and dehorning of cattle, castrating and docking of
sheep, castrating of swine, caponizing of poultry, or artificial
insemination of animals;
(4)(a) A person who is a regularly enrolled student in a
veterinary school or training course approved under RCW
18.92.015 and performing duties or actions assigned by his or
her instructors or working under the direct supervision of a
licensed veterinarian during a school vacation period or (b) a
person performing assigned duties under the supervision of a
veterinarian within the established framework of an internship program recognized by the board;
(5) A veterinarian regularly licensed in another state consulting with a licensed veterinarian in this state;
(6) A veterinary technician or veterinary medication
clerk acting under the supervision and control of a licensed
veterinarian. The practice of a veterinary technician or veterinary medication clerk is limited to the performance of services which are authorized by the board;
(7) An owner being assisted in practice by his or her
employees when employed in the conduct of the owner's
business;
(8) An owner being assisted in practice by some other
person gratuitously;
(9) The implanting in their own animals of any electronic
device for identifying animals by established humane societies and animal control organizations that provide appropriate
training, as determined by the veterinary board of governors,
and/or direct or indirect supervision by a licensed veterinarian;
(10) The implanting of any electronic device by a public
fish and wildlife agency for the identification of fish or wildlife. [2000 c 93 § 11; 1995 c 317 § 2; 1993 c 78 § 4; 1974
ex.s. c 44 § 4; 1967 ex.s. c 50 § 5; 1959 c 92 § 13; 1941 c 71
§ 20; Rem. Supp. 1941 § 10040-20. Prior: 1907 c 124 § 15.]
18.92.125
ject to grounds for denial or issuance of a conditional license
under chapter 18.130 RCW.
Nothing in this chapter shall preclude the board from
permitting a person who has completed a portion of his or her
educational program as determined by the board, in a veterinary college recognized by the board, to take the examination
or any part thereof prior to satisfying the requirements for
application for a license: PROVIDED HOWEVER, That no
license shall be issued to such applicant until such requirements are satisfied. [1991 c 3 § 242; 1986 c 259 § 141; 1982
c 134 § 3; 1979 c 158 § 72; 1974 ex.s. c 44 § 5; 1971 ex.s. c
292 § 28; 1941 c 71 § 6; Rem. Supp. 1941 § 10040-6. Formerly RCW 18.92.050, part, 18.92.070, part, and 18.92.080,
part.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
18.92.100
18.92.100 Examinations—Time of—Subjects—Manner. Examinations for license to practice veterinary medicine, surgery and dentistry shall be held at least once each
year at such times and places as the secretary may authorize
and direct. The examination shall be on subjects that are ordinarily included in the curricula of veterinary colleges. All
examinees shall be tested by written examination, supplemented by such oral interviews and practical demonstrations
as the board deems necessary. [1995 c 198 § 14; 1991 c 3 §
243; 1967 ex.s. c 50 § 6; 1959 c 92 § 7; 1941 c 71 § 7; Rem.
Supp. 1941 § 10040-7.]
18.92.115
18.92.115 Reexamination—Fee. Any applicant who
shall fail to secure the required grade in his first examination
may take the next regular veterinary examination. The fee for
reexamination shall be determined by the secretary as provided in RCW 43.70.250. [1991 c 3 § 244; 1985 c 7 § 71;
1975 1st ex.s. c 30 § 82; 1967 ex.s. c 50 § 7; 1959 c 92 § 8;
1941 c 71 § 10; Rem. Supp. 1941 § 10040-10. Prior: 1907 c
124 § 17. Formerly RCW 18.92.090, part.]
18.92.120
18.92.070
18.92.070 Applications—Procedure—Qualifications—Eligibility to take examination. No person, unless
registered or licensed to practice veterinary medicine, surgery, and dentistry in this state at the time this chapter shall
become operative, shall begin the practice of veterinary medicine, surgery and dentistry without first applying for and
obtaining a license for such purpose from the secretary. In
order to procure a license to practice veterinary medicine,
surgery, and dentistry in the state of Washington, the applicant for such license shall file his or her application at least
sixty days prior to date of examination upon a form furnished
by the secretary of health, which, in addition to the fee provided by this chapter, shall be accompanied by satisfactory
evidence that he or she is at least eighteen years of age and of
good moral character, and by official transcripts or other evidence of graduation from a veterinary college satisfactory to
and approved by the board. Said application shall be signed
by the applicant and sworn to by him or her before some person authorized to administer oaths. When such application
and the accompanying evidence are found satisfactory, the
secretary shall notify the applicant to appear before the board
for the next examination. In addition, applicants shall be sub(2004 Ed.)
18.92.120 License—Temporary certificates, restrictions. Any person who shall make application for examination, as provided by RCW 18.92.070, and who has not previously failed to pass the veterinary examination, and whose
application is found satisfactory by the secretary, may be
given a temporary certificate to practice veterinary medicine,
surgery and dentistry valid only until the results of the next
examination for licenses are available. In addition, applicants
shall be subject to the grounds for denial or issuance of a conditional license under chapter 18.130 RCW. No more than
one temporary certificate may be issued to any applicant.
Such permittee shall be employed by a licensed veterinary
practitioner or by the state of Washington. [1991 c 3 § 245;
1986 c 259 § 142; 1967 ex.s. c 50 § 8; 1959 c 92 § 9; 1941 c
71 § 11; 1907 c 124 § 11; Rem. Supp. 1941 § 10040-11.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.92.125
18.92.125 Veterinary technicians or veterinary medication clerks. No veterinarian who uses the services of a
veterinary technician or veterinary medication clerk shall be
considered as aiding and abetting any unlicensed person to
practice veterinary medicine. A veterinarian retains profes[Title 18 RCW—page 239]
18.92.130
Title 18 RCW: Businesses and Professions
sional and personal responsibility for any act which constitutes the practice of veterinary medicine as defined in this
chapter when performed by a veterinary technician or veterinary medication clerk in his or her employ. [2000 c 93 § 12;
1993 c 78 § 5; 1986 c 259 § 143; 1983 c 102 § 5; 1974 ex.s. c
44 § 6.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.92.130
18.92.130 License—Reciprocity with other states—
Fee. Any person who has been lawfully licensed to practice
veterinary medicine, surgery, and dentistry in another state or
territory which has and maintains a standard for the practice
of veterinary medicine, surgery and dentistry which is substantially the same as that maintained in this state, and who
has been lawfully and continuously engaged in the practice of
veterinary medicine, surgery and dentistry for two years or
more immediately before filing his or her application to practice in this state and who shall submit to the secretary a duly
attested certificate from the examining board of the state or
territory in which he or she is registered, certifying to the fact
of his or her registration and of his or her being a person of
good moral character and of professional attainments, may
upon the payment of the fee as provided herein, be granted a
license to practice veterinary medicine, surgery and dentistry
in this state, without being required to take an examination:
PROVIDED, HOWEVER, That no license shall be issued to
any applicant, unless the state or territory from which such
certificate has been granted to such applicant shall have
extended a like privilege to engage in the practice of veterinary medicine, surgery and dentistry within its own borders
to veterinarians heretofore and hereafter licensed by this
state, and removing to such other state: AND PROVIDED
FURTHER, That the secretary of health shall have power to
enter into reciprocal relations with other states whose
requirements are substantially the same as those provided
herein. The board shall make recommendations to the secretary upon all requests for reciprocity. [1991 c 3 § 246; 1959
c 92 § 10; 1941 c 71 § 12; Rem. Supp. 1941 § 10040-12.]
18.92.135
18.92.135 License to practice specialized veterinary
medicine. (1) The department may issue a license to practice
specialized veterinary medicine in this state to a veterinarian
who:
(a) Submits an application on a form provided by the
secretary for a license in a specialty area recognized by the
board by rule;
(b) Holds a current certification as a diplomate of a
national specialty board or college recognized by the board
by rule in the specialty area for which application is submitted;
(c) Is not subject to license investigation, suspension,
revocation, or other disciplinary action in any state, United
States territory, or province of Canada;
(d) Has successfully completed an examination established by the board regarding this state's laws and rules regulating the practice of veterinary medicine; and
(e) Provides other information and verification required
by the board.
(2) A veterinarian licensed to practice specialized veterinary medicine shall not practice outside his or her licensed
[Title 18 RCW—page 240]
specialty unless he or she meets licensing requirements established for practicing veterinary medicine, surgery, and dentistry under RCW 18.92.070 and 18.92.100.
(3) The board shall determine by rule the limits of the
practice of veterinary medicine, surgery, and dentistry represented by a license to practice specialized veterinary medicine.
(4) The board may deny, revoke, suspend, or modify a
license to practice specialized veterinary medicine if the
national specialty board or college certifying the licensee
denies, revokes, suspends, modifies, withdraws, or otherwise
limits the certification or if the certification expires. [1991 c
332 § 41.]
Captions not law—1991 c 332: See note following RCW 18.130.010.
18.92.140
18.92.140 License—Procedures, requirements, fees.
Each person now qualified to practice veterinary medicine,
surgery, and dentistry, registered as a veterinary technician,
or registered as a veterinary medication clerk in this state or
who becomes licensed or registered to engage in practice
shall comply with administrative procedures, administrative
requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. [2000 c 93 § 13; 1996 c 191 § 79;
1993 c 78 § 6; 1991 c 3 § 247; 1985 c 7 § 72; 1983 c 102 § 6;
1941 c 71 § 16; Rem. Supp. 1941 § 10040-16. FORMER
PARTS OF SECTION: (i) 1941 c 71 § 17; Rem. Supp. 1941
§ 10040-17, now codified as RCW 18.92.142. (ii) 1941 c 71
§ 19, part; Rem. Supp. 1941 § 10040-19, part, now codified
as RCW 18.92.145.]
18.92.145
18.92.145 License, certificates of registration, permit, examination, and renewal fees. Administrative procedures, administrative requirements, and fees shall be established as provided in RCW 43.70.250 and 43.70.280 for the
issuance, renewal, or administration of the following
licenses, certificates of registration, permits, duplicate
licenses, renewals, or examination:
(1) For a license to practice veterinary medicine, surgery,
and dentistry issued upon an examination given by the examining board;
(2) For a license to practice veterinary medicine, surgery,
and dentistry issued upon the basis of a license issued in
another state;
(3) For a certificate of registration as a veterinary technician;
(4) For a certificate of registration as a veterinary medication clerk;
(5) For a temporary permit to practice veterinary medicine, surgery, and dentistry. The temporary permit fee shall
be accompanied by the full amount of the examination fee;
and
(6) For a license to practice specialized veterinary medicine. [2000 c 93 § 14; 1996 c 191 § 80; 1993 c 78 § 7; 1991
c 332 § 42; 1991 c 3 § 248; 1985 c 7 § 73; 1983 c 102 § 7;
1975 1st ex.s. c 30 § 84; 1971 ex.s. c 266 § 20; 1967 ex.s. c
50 § 9; 1959 c 92 § 12; 1941 c 71 § 19; Rem. Supp. 1941 §
10040-19. Prior: 1907 c 124 §§ 9, 10. Formerly RCW
18.92.090 and 18.92.140.]
Captions not law—1991 c 332: See note following RCW 18.130.010.
(2004 Ed.)
Landscape Architects
18.92.150 License—Display. Every person holding a
license under the provisions of this chapter shall conspicuously display it in his principal place of business, together
with the annual renewal license certificate. [1941 c 71 § 18;
Rem. Supp. 1941 § 10040-18.]
18.92.150
18.92.230 Use of another's license or diploma a felony. Any person filing or attempting to file, as his or her
own, the diploma or license of another is guilty of forgery
under RCW 9A.60.020. [2003 c 53 § 139; 1941 c 71 § 23;
Rem. Supp. 1941 § 10040-23.]
18.92.230
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Forgery: RCW 9A.60.020.
18.92.240 Violations generally—Penalty. Violation
of any of the provisions of this chapter, or of any rule or regulation made pursuant thereto, shall constitute a misdemeanor and punishable by fine of not less than fifty dollars.
[1941 c 71 § 24; Rem. Supp. 1941 § 10040-24.]
18.92.240
18.92.250
18.92.250 Intent—Veterinary services—Low-income
households. The legislature recognizes that low-income
households may not receive needed veterinary services for
household pets. It is the intent of the legislature to allow qualified animal control agencies and humane societies to provide
limited veterinary services to low-income members of our
communities. It is not the intent of the legislature to allow
these agencies to provide veterinary services to the public at
large. [2002 c 157 § 1.]
Effective date—2002 c 157: "This act takes effect July 1, 2003." [2002
c 157 § 3.]
18.92.260
18.92.260 Animal care societies/nonprofit humane
societies—Low-income households—License required—
Rule-making authority—Uniform disciplinary act—Registration—Fees. (1)(a) Subject to the limitations in this section, animal care and control agencies as defined in RCW
16.52.011 and nonprofit humane societies, that have qualified under section 501(c)(3) of the internal revenue code may
provide limited veterinary services to animals owned by
qualified low-income households. The veterinary services
provided shall be limited to electronic identification, surgical
sterilization, and vaccinations. A veterinarian or veterinary
technician acting within his or her scope of practice must perform the limited veterinary services. For purposes of this section, "low-income household" means the same as in RCW
43.185A.010.
(b) Animal control agencies and nonprofit humane societies, receiving animals on an emergency basis, may provide
emergency care, subject to a local ordinance that defines an
emergency situation and establishes temporary time limits.
(c) Any local ordinance addressing the needs under this
section that was approved by the voters and is in effect on
July 1, 2003, remains in effect.
(2) Veterinarians and veterinary technicians employed at
these facilities must be licensed under this chapter. No
officer, director, supervisor, or any other individual associated with an animal care or control agency or nonprofit
humane society owning and operating a veterinary medical
facility may impose any terms or conditions of employment
(2004 Ed.)
Chapter 18.96
or direct or attempt to direct an employed veterinarian in any
way that interferes with the free exercise of the veterinarian's
professional judgment or infringes upon the utilization of his
or her professional skills.
(3) Veterinarians, veterinary technicians, and animal
control agencies and humane societies acting under this section shall, for purposes of providing the limited veterinary
services, meet the requirements established under this chapter and are subject to the rules adopted by the veterinary
board of governors in the same fashion as any licensed veterinarian or veterinary medical facility in the state.
(4) The Washington state veterinary board of governors
shall adopt rules to:
(a) Establish registration and registration renewal
requirements;
(b) Govern the purchase and use of drugs for the limited
veterinary services authorized under this section; and
(c) Ensure that agencies and societies are in compliance
with this section.
(5) The limited veterinary medical service authority
granted by registration under this section may be denied, suspended, revoked, or conditioned by a determination of the
board of governors for any act of noncompliance with this
chapter. The uniform disciplinary act, chapter 18.130 RCW,
governs unregistered operation, the issuance and denial of
registrations, and the discipline of registrants under this section.
(6) No animal control agency or humane society may
operate under this chapter without registering with the
department. An application for registration shall be made
upon forms provided by the department and shall include the
information the department reasonably requires, as provided
by RCW 43.70.280. The department shall establish registration and renewal fees as provided by RCW 43.70.250. A registration fee shall accompany each application for registration
or renewal. [2002 c 157 § 2.]
Effective date—2002 c 157: See note following RCW 18.92.250.
18.92.900 Severability—1941 c 71. Should any section
of this chapter, or any portion of any section be for any reason
held to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this chapter. [1941 c 71
§ 25.]
18.92.900
Chapter 18.96
Chapter 18.96 RCW
LANDSCAPE ARCHITECTS
Sections
18.96.010
18.96.020
18.96.030
18.96.040
18.96.050
18.96.060
18.96.070
18.96.080
18.96.090
18.96.100
18.96.110
18.96.120
18.96.140
18.96.150
Evidence of qualifications required.
Registration required.
Definitions.
Board of registration for landscape architects—Created—
Members—Qualifications.
Board—Terms of office—Removal—Compensation and
travel expenses.
Board—Rules—Quorum—Hearings.
Qualifications of applicants.
Applications—Contents—Fees.
Examinations.
Reciprocity.
Renewals.
Unprofessional conduct—Not in compliance with a support
order.
Reissuance of lost or destroyed certificates.
Certificates of registration—Issuance—Contents—Seal.
[Title 18 RCW—page 241]
18.96.010
18.96.160
18.96.170
18.96.180
18.96.190
18.96.200
18.96.900
Title 18 RCW: Businesses and Professions
Misuse of seal.
Penalty.
Injunctions—Board members not personally liable—Prosecutions.
Certificate of registration suspension—Nonpayment or default
on educational loan or scholarship.
Uniform regulation of business and professions act.
Severability—1969 ex.s. c 158.
Public contracts for architectural services: Chapter 39.80 RCW.
18.96.010
18.96.010 Evidence of qualifications required. In
order to safeguard human health and property, and to promote the public welfare, any person in either public or private
capacity practicing or offering to practice landscape architecture for hire, shall be required to submit evidence that he is
qualified so to practice and shall be registered under the provisions of this chapter. [1969 ex.s. c 158 § 1.]
No public member of the board may be a past or present
member of any other licensing board under this title. No public member may make his or her own livelihood from, nor
have a parent, spouse, or child make their respective livelihood from providing landscape architect services, or from
enterprises dealing in landscape architecture.
The landscape architect members of the board must,
while serving on the board, be actively engaged in their profession or trade and, immediately preceding appointment,
have had at least five years experience in responsible charge
of work or teaching within their profession or trade. [1993 c
35 § 1; 1985 c 18 § 1; 1969 ex.s. c 158 § 4.]
Effective date—1985 c 18: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on June
30, 1985." [1985 c 18 § 6.]
18.96.020
18.96.020 Registration required. It shall be unlawful
for any person to use, or advertise the title landscape architect, landscape architecture, or landscape architectural, unless
such person has duly registered under the provisions of this
chapter. [1969 ex.s. c 158 § 2.]
18.96.030
18.96.030 Definitions. The following words and
phrases as hereinafter used in this chapter shall have the following meanings:
"Director" means the director of licensing of the state of
Washington.
"Board" means the state board of registration for landscape architects.
"Landscape architect" means a person who engages in
the practice of landscape architecture as hereinafter defined.
A person practices landscape architecture within the meaning
and intent of this chapter who performs for hire professional
services such as consultations, investigations, reconnaissance, research, planning, design or teaching supervision in
connection with the development of land areas where, and to
the extent that, the dominant purpose of such services is the
preservation, enhancement, or determination of proper land
uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches to
structures or other improvements, or natural drainage and
erosion control. This practice shall include the location,
design, and arrangement of such tangible objects as pools,
walls, steps, trellises, canopies, and other nonhabitable structures, and such features as are incidental and necessary to the
purposes outlined herein. It involves the design and arrangement of land forms and the development of outdoor space
including, but not limited to, the design of public parks, playgrounds, cemeteries, home and school grounds, and the
development of industrial and recreational sites. [1979 c 158
§ 73; 1969 ex.s. c 158 § 3.]
18.96.040
18.96.040 Board of registration for landscape architects—Created—Members—Qualifications. There is created a state board of registration for landscape architects. The
board shall consist of four landscape architects and one member of the general public. Members of the board shall be
appointed by the governor and must be residents of this state
having the qualifications required by this chapter.
[Title 18 RCW—page 242]
18.96.050
18.96.050 Board—Terms of office—Removal—
Compensation and travel expenses. The members of the
first board shall serve for the following terms:
One member for one year, one member for two years,
one member for three years, one member for four years, and
one member for five years from the date of appointment or
until successors are duly appointed and qualified. Every
member of the board shall receive a certificate of his appointment from the governor, and before beginning his term of
office shall file with the secretary of state his written oath or
affirmation for the faithful discharge of his official duties. On
the expiration of the term of each member, the governor shall
appoint a successor to serve for a term of five years, or until
his successor has been appointed and qualified: PROVIDED,
That no member shall serve more than ten consecutive years.
The governor may remove any member of the board for
cause. Vacancies in the board for any reason shall be filled
by appointment for the unexpired term. In carrying out the
provisions of this chapter, the members of the board shall be
compensated in accordance with RCW 43.03.240 and shall
be reimbursed for travel expenses according to the provisions
of RCW 43.03.050 and 43.03.060, such funds to be provided
from the landscape architects' account in the state general
fund. [1984 c 287 § 52; 1975-'76 2nd ex.s. c 34 § 54; 1969
ex.s. c 158 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.96.060
18.96.060 Board—Rules—Quorum—Hearings. The
board shall adopt rules for its own organization and procedure and such other rules as it may deem necessary to the
proper performance of its duties. Three members of the board
shall constitute a quorum for the conduct of any business of
the board.
The board may conduct hearings concerning alleged violations of the provisions of this chapter. [2002 c 86 § 234;
1969 ex.s. c 158 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
(2004 Ed.)
Landscape Architects
18.96.070
18.96.070 Qualifications of applicants. The following
will be considered as minimum evidence satisfactory to the
board that the applicant is qualified for registration as a professional landscape architect.
The applicant must have completed a course of study in
landscape architecture and have been graduated from a college or school approved by the board as offering a curriculum
in landscape architecture, or the equivalent thereof, in any
form of training, as determined by the board. Each complete
year of study in any registered college or school of landscape
architecture may be accepted in lieu of one year of equivalent
training.
He must have a minimum of seven years in any combination of training and experience, and shall present proof to
the director of passing such written examinations as may be
prescribed by the board.
Registration under this chapter shall be on an individual,
personal basis, and the director shall not register any firm,
company, partnership, corporation, nor any public agency.
Corporate practice is not permitted under the provisions of
this chapter. [1969 ex.s. c 158 § 7.]
18.96.080
18.96.080 Applications—Contents—Fees. Application for registration shall be filed with the director prior to the
date set for examination and shall contain statements made
under oath showing the applicant's education and a detailed
summary of practical experience, and shall contain not less
than three references who are landscape architects having
personal knowledge of the applicant's landscape architectural
experience.
The application fee for initial examination shall be determined by the director as provided in RCW 43.24.086. The
application and fee must be submitted to the agency prior to
the application deadline established by the director.
Fees for initial examination and reexamination shall be
determined by the director as provided in RCW 43.24.086,
and must be filed with the agency prior to the application
deadline established by the director. [1993 c 35 § 2; 1985 c 7
§ 74; 1975 1st ex.s. c 30 § 85; 1969 ex.s. c 158 § 8.]
18.96.090
18.96.090 Examinations. Examinations of applicants
for certificates of registration shall be held at least annually or
at such times and places as the board may determine. The
board shall determine from the examination and the material
submitted with the applications whether or not the applicants
possess sufficient knowledge, ability and moral fitness to
safely and properly practice landscape architecture and to
hold themselves out to the public as persons qualified for that
practice.
The scope of the examination and methods of examination procedure shall be prescribed by the board with special
reference to landscape construction materials and methods,
grading and drainage, plant materials suited for use in the
northwest, specifications and supervisory practice, history
and theory of landscape architecture relative to landscape
architectural design, site planning and land design, subdivision, urban design, and a practical knowledge of botany, horticulture and similar subjects related to the practice of landscape architecture. The board may adopt an appropriate
national examination and grading procedure.
(2004 Ed.)
18.96.120
Applicants who fail to pass sections of the examination
shall be permitted to retake the examination in the sections
failed. A passing grade in a section shall exempt the applicant
from examination in that subject for five years. The board
may determine the standard for passing grades computed on
a scale of one hundred percent. A certificate of registration
shall be granted by the director to all qualified applicants who
shall be certified by the board as having passed the required
examination and as having given satisfactory proof of completion of the required experience. [1993 c 35 § 3; 1985 c 18
§ 2; 1969 ex.s. c 158 § 9.]
Effective date—1985 c 18: See note following RCW 18.96.040.
18.96.100
18.96.100 Reciprocity. The director may, upon payment of a reciprocity application fee and the current registration fee in an amount as determined by the director as provided in RCW 43.24.086, grant a certificate of registration,
upon recommendation by the board, to any applicant who is a
registered landscape architect in any other state or country
whose requirements for registration are at least substantially
equivalent to the requirements of this state for registration by
examination, and which extends the same privileges of reciprocity to landscape architects registered in this state. [1993
c 35 § 4; 1985 c 7 § 75; 1975 1st ex.s. c 30 § 86; 1969 ex.s. c
158 § 10.]
18.96.110
18.96.110 Renewals. The renewal dates for certificates
of registration shall be set by the director. The director shall
set the fee for renewal which shall be determined as provided
in RCW 43.24.086.
If a registrant fails to pay the renewal fee within thirty
days after the renewal date, the renewal shall be delinquent.
The renewal fee for a delinquent renewal and the penalty fee
for a delinquent renewal shall be established by the director.
Any registrant in good standing, upon fully retiring from
landscape architectural practice, may withdraw from practice
by giving written notice to the director, and may thereafter
resume practice at any time upon payment of the then current
renewal fee. Any registrant, other than a properly withdrawn
licensee, who fails to renew his or her registration for a period
of more than five years may be reinstated under the circumstances as the board determines. [1993 c 35 § 5. Prior: 1985
c 18 § 3; 1985 c 7 § 76; 1975 1st ex.s. c 30 § 87; 1969 ex.s. c
158 § 11.]
Effective date—1985 c 18: See note following RCW 18.96.040.
18.96.120
18.96.120 Unprofessional conduct—Not in compliance with a support order. (1) In addition to the conduct,
acts, or conditions set out in RCW 18.235.130, the following
constitute unprofessional conduct for which the director may
impose discipline upon any license holder or applicant under
the jurisdiction of this chapter:
(a) The holder of the certificate of registration is impersonating a practitioner or former practitioner.
(b) The holder of the certificate of registration permits
his or her seal to be affixed to any plans, specifications, or
drawings that were not prepared by him or her or under his or
her personal supervision by employees subject to his or her
direction and control.
[Title 18 RCW—page 243]
18.96.140
Title 18 RCW: Businesses and Professions
(2) The director shall immediately suspend the certificate of registration of a landscape architect who has been certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order. If the person has continued to meet
all other requirements for certification during the suspension,
reissuance of the certificate of registration shall be automatic
upon the director's receipt of a release issued by the department of social and health services stating that the person is in
compliance with the order. [2002 c 86 § 235; 1997 c 58 §
827; 1969 ex.s. c 158 § 12.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.96.140
18.96.140 Reissuance of lost or destroyed certificates.
A new certificate of registration to replace any certificate lost
or destroyed, or mutilated may be issued by the director, and
a charge determined by the director as provided in RCW
43.24.086 shall be made for such issuance. [2002 c 86 § 236;
1985 c 7 § 77; 1975 1st ex.s. c 30 § 88; 1969 ex.s. c 158 § 14.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
for their action in any such proceeding or in any other proceeding instituted by the board under the provisions of this
chapter. The board, in any proper case, shall cause prosecution to be instituted in any county or counties where any violation of this chapter occurs, and shall aid in the prosecution
of the violator. [1969 ex.s. c 158 § 18.]
18.96.190
18.96.190 Certificate of registration suspension—
Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate of registration
of any person who has been certified by a lending agency and
reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must
provide the person an opportunity for a brief adjudicative
proceeding under RCW 34.05.485 through 34.05.494 and
issue a finding of nonpayment or default on a federally or
state-guaranteed educational loan or service-conditional
scholarship. The person's certificate of registration shall not
be reissued until the person provides the director a written
release issued by the lending agency stating that the person is
making payments on the loan in accordance with a repayment
agreement approved by the lending agency. If the person has
continued to meet all other requirements for certification during the suspension, reinstatement shall be automatic upon
receipt of the notice and payment of any reinstatement fee the
director may impose. [1996 c 293 § 15.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.96.200
18.96.150
18.96.150 Certificates of registration—Issuance—
Contents—Seal. The director shall issue a certificate of registration upon payment of the registration fee as provided in
this chapter to any applicant who has satisfactorily met all
requirements for registration. All certificates of registration
shall show the full name of the registrant, shall have a serial
number and shall be signed by the chairman and the executive secretary of the board, and by the director.
Each registrant shall obtain a seal of a design authorized
by the board, bearing the registrant's name and the legend,
"registered landscape architect". All sheets of drawings and
title pages of specifications prepared by the registrant shall be
stamped with said seal. [1993 c 35 § 6; 1969 ex.s. c 158 §
15.]
18.96.200 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 237.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.96.900
18.96.900 Severability—1969 ex.s. c 158. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected. [1969 ex.s. c 158 § 19.]
Chapter 18.100 RCW
PROFESSIONAL SERVICE CORPORATIONS
Chapter 18.100
18.96.160
18.96.160 Misuse of seal. It shall be unlawful for anyone to stamp or seal any document with the seal after the certificate of registrant named thereon has expired or been
revoked, or while the certificate is suspended. [1969 ex.s. c
158 § 16.]
18.96.170
18.96.170 Penalty. Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor.
[1969 ex.s. c 158 § 17.]
18.96.180
18.96.180 Injunctions—Board members not personally liable—Prosecutions. The board is authorized to apply
for relief by injunction without bond to restrain a person from
the commission of any act which is prohibited by this chapter. The members of the board shall not be personally liable
[Title 18 RCW—page 244]
Sections
18.100.010
18.100.020
18.100.030
18.100.035
18.100.040
18.100.050
18.100.060
18.100.065
18.100.070
18.100.080
18.100.090
18.100.095
Legislative intent.
Short title.
Definitions.
Fees for services by secretary of state.
Application of chapter to previously organized corporations.
Organization of professional service corporations authorized
generally—Architects, engineers, and health care professionals—Nonprofit corporations.
Rendering of services by authorized individuals.
Authority of directors, officers to render same services as corporation.
Professional relationships and liabilities preserved.
Engaging in other business prohibited—Investments.
Stock issuance.
Validity of share voting agreements.
(2004 Ed.)
Professional Service Corporations
18.100.100
18.100.110
18.100.114
18.100.116
18.100.118
18.100.120
18.100.130
18.100.132
18.100.133
18.100.134
18.100.140
18.100.145
18.100.150
18.100.160
Legal qualification of officer, shareholder or employee to render professional service, effect.
Sale or transfer of shares.
Merger or consolidation.
Death of shareholder, transfer to ineligible person—Treatment
of shares.
Eligibility of certain representatives and transferees to serve as
directors, officers, or shareholders.
Name—Listing of shareholders.
Application of Business Corporation Act and Nonprofit Corporation Act.
Nonprofit professional service corporations formed under
prior law.
Business corporations, election of this chapter.
Professional services—Deletion from stated purposes of corporation.
Improper conduct not authorized.
Doctor of osteopathic medicine and surgery—Discrimination
prohibited.
Indemnification of agents of any corporation authorized.
Foreign professional corporation.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
18.100.010
18.100.010 Legislative intent. It is the legislative
intent to provide for the incorporation of an individual or
group of individuals to render the same professional service
to the public for which such individuals are required by law
to be licensed or to obtain other legal authorization. [1969 c
122 § 1.]
18.100.050
(a) A voting trust established under RCW 23B.07.300, if
the beneficial owner of any shares on deposit and the trustee
of the voting trust are qualified persons;
(b) A charitable remainder unitrust as defined in section
664(d)(1) of the internal revenue code or a charitable remainder annuity trust as defined in section 664(d)(2) or 664(d)(3)
of the internal revenue code if the trust complies with each of
the following conditions:
(i) Has one or more beneficiaries currently entitled to
income, unitrust, or annuity payments, all of whom are eligible persons or spouses of eligible persons;
(ii) Has a trustee who is an eligible person and has exclusive authority over the share of the professional corporation
while the shares are held in the trust, except that a cotrustee
who is not an eligible person may be given authority over
decisions relating to the sale of shares by the trust;
(iii) Has one or more designated charitable remaindermen, all of which must at all times be domiciled or maintain
a local chapter in Washington state; and
(iv) When distributing any assets during the term of the
trust to charitable organizations, the distributions are made
only to charitable organizations described in section 170(c)
of the internal revenue code that are domiciled or maintain a
local chapter in Washington state. [1997 c 18 § 1; 1983 c 51
§ 2; 1969 c 122 § 3.]
18.100.035
18.100.035 Fees for services by secretary of state.
See RCW 43.07.120.
18.100.020
18.100.020 Short title. This chapter may be cited as
"the professional service corporation act". [1969 c 122 § 2.]
18.100.030
18.100.030 Definitions. As used in this chapter the following words shall have the meaning indicated:
(1) The term "professional service" means any type of
personal service to the public which requires as a condition
precedent to the rendering of such service the obtaining of a
license or other legal authorization and which prior to the
passage of this chapter and by reason of law could not be performed by a corporation, including, but not by way of limitation, certified public accountants, chiropractors, dentists,
osteopaths, physicians, podiatric physicians and surgeons,
chiropodists, architects, veterinarians and attorneys at law.
(2) The term "professional corporation" means a corporation which is organized under this chapter for the purpose
of rendering professional service.
(3) The term "ineligible person" means any individual,
corporation, partnership, fiduciary, trust, association, government agency, or other entity which for any reason is or
becomes ineligible under this chapter to own shares issued by
a professional corporation. The term includes a charitable
remainder unitrust or charitable remainder annuity trust that
is or becomes an ineligible person for failure to comply with
subsection (5)(b) of this section.
(4) The term "eligible person" means an individual, corporation, partnership, fiduciary, qualified trust, association,
government agency, or other entity, that is eligible under this
chapter to own shares issued by a professional corporation.
(5) The term "qualified trust" means one of the following:
(2004 Ed.)
18.100.040
18.100.040 Application of chapter to previously
organized corporations. This chapter shall not apply to any
individuals or groups of individuals within this state who
prior to the passage of this chapter were permitted to organize
a corporation and perform personal services to the public by
means of a corporation, and this chapter shall not apply to any
corporation organized by such individual or group of individuals prior to the passage of this chapter: PROVIDED, That
any such individual or group of individuals or any such corporation may bring themselves and such corporation within
the provisions of this chapter by amending the articles of
incorporation in such a manner so as to be consistent with all
the provisions of this chapter and by affirmatively stating in
the amended articles of incorporation that the shareholders
have elected to bring the corporation within the provisions of
this chapter. [1969 c 122 § 4.]
18.100.050
18.100.050 Organization of professional service corporations authorized generally—Architects, engineers,
and health care professionals—Nonprofit corporations.
(1) An individual or group of individuals duly licensed or
otherwise legally authorized to render the same professional
services within this state may organize and become a shareholder or shareholders of a professional corporation for pecuniary profit under the provisions of Title 23B RCW for the
purpose of rendering professional service. One or more of the
legally authorized individuals shall be the incorporators of
the professional corporation.
(2) Notwithstanding any other provision of this chapter,
registered architects and registered engineers may own stock
[Title 18 RCW—page 245]
18.100.060
Title 18 RCW: Businesses and Professions
in and render their individual professional services through
one professional service corporation.
(3) Licensed health care professionals, providing services to enrolled participants either directly or through
arrangements with a health maintenance organization registered under chapter 48.46 RCW or federally qualified health
maintenance organization, may own stock in and render their
individual professional services through one professional service corporation.
(4) Professionals may organize a nonprofit nonstock corporation under this chapter and chapter 24.03 RCW to provide professional services, and the provisions of this chapter
relating to stock and referring to Title 23B RCW shall not
apply to any such corporation.
(5)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified
pursuant to chapters 18.06, 18.225, 18.22, 18.25, 18.29,
18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57, 18.57A,
18.64, 18.71, 18.71A, 18.79, 18.83, 18.89, 18.108, and
18.138 RCW may own stock in and render their individual
professional services through one professional service corporation and are to be considered, for the purpose of forming a
professional service corporation, as rendering the "same specific professional services" or "same professional services" or
similar terms.
(b) Notwithstanding any other provision of this chapter,
health care professionals who are regulated under chapters
18.59 and 18.74 RCW may own stock in and render their
individual professional services through one professional service corporation formed for the sole purpose of providing
professional services within their respective scope of practice.
(c) Formation of a professional service corporation
under this subsection does not restrict the application of the
uniform disciplinary act under chapter 18.130 RCW, or
applicable health care professional statutes under Title 18
RCW, including but not limited to restrictions on persons
practicing a health profession without being appropriately
credentialed and persons practicing beyond the scope of their
credential. [2001 c 251 § 29; 1999 c 128 § 1; 1997 c 390 § 3;
1996 c 22 § 1; 1991 c 72 § 3; 1986 c 261 § 1; 1983 c 100 § 1;
1969 c 122 § 5.]
Severability—2001 c 251: See RCW 18.225.900.
18.100.060
18.100.060 Rendering of services by authorized individuals. (1) No corporation organized under this chapter
may render professional services except through individuals
who are duly licensed or otherwise legally authorized to render such professional services within this state. However,
nothing in this chapter shall be interpreted to:
(a) Prohibit a person duly licensed or otherwise legally
authorized to render professional services in any jurisdiction
other than this state from becoming a member of a professional corporation in this state organized for the purpose of
rendering the same professional services;
(b) Prohibit a professional corporation from rendering
services outside this state through individuals who are not
duly licensed or otherwise legally authorized to render professional services within this state; or
[Title 18 RCW—page 246]
(c) Require the licensing of clerks, secretaries, bookkeepers, technicians, and other assistants employed by a professional corporation who are not usually and ordinarily considered by custom and practice to be rendering professional
services to the public for which a license or other legal authorization is required.
(2) Persons engaged in a profession and otherwise meeting the requirements of this chapter may operate under this
chapter as a professional corporation so long as each shareholder personally engaged in the practice of the profession in
this state is duly licensed or otherwise legally authorized to
practice the profession in this state and:
(a) At least one officer and one director of the corporation is duly licensed or otherwise legally authorized to practice the profession in this state; or
(b) Each officer in charge of an office of the corporation
in this state is duly licensed or otherwise legally authorized to
practice the profession in this state. [1998 c 293 § 1; 1983 c
51 § 3; 1969 c 122 § 6.]
18.100.065
18.100.065 Authority of directors, officers to render
same services as corporation. Except as otherwise provided
in RCW 18.100.118, all directors of a corporation organized
under this chapter and all officers other than the secretary and
the treasurer shall be duly licensed or otherwise legally
authorized to render the same specific professional services
within this or any other state as those for which the corporation was incorporated. [1998 c 293 § 2; 1983 c 51 § 7.]
18.100.070
18.100.070 Professional relationships and liabilities
preserved. Nothing contained in this chapter shall be interpreted to abolish, repeal, modify, restrict or limit the law now
in effect in this state applicable to the professional relationship and liabilities between the person furnishing the professional services and the person receiving such professional
service and the standards for professional conduct. Any
director, officer, shareholder, agent or employee of a corporation organized under this chapter shall remain personally
and fully liable and accountable for any negligent or wrongful acts or misconduct committed by him or by any person
under his direct supervision and control, while rendering professional services on behalf of the corporation to the person
for whom such professional services were being rendered.
The corporation shall be liable for any negligent or wrongful
acts of misconduct committed by any of its directors, officers, shareholders, agents or employees while they are
engaged on behalf of the corporation, in the rendering of professional services. [1969 c 122 § 7.]
18.100.080
18.100.080 Engaging in other business prohibited—
Investments. No professional service corporation organized
under this chapter shall engage in any business other than the
rendering of the professional services for which it was incorporated or service as a trustee as authorized by RCW
11.36.021 or as a personal representative as authorized by
RCW 11.36.010: PROVIDED, That nothing in this chapter
or in any other provisions of existing law applicable to corporations shall be interpreted to prohibit such corporation from
investing its funds in real estate, personal property, mort(2004 Ed.)
Professional Service Corporations
gages, stocks, bonds, insurance, or any other type of investments. [1984 c 149 § 170; 1969 c 122 § 8.]
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
18.100.090
18.100.090 Stock issuance. Except as otherwise provided in RCW 18.100.118, no professional corporation organized under the provisions of this chapter may issue any of its
capital stock to anyone other than the trustee of a qualified
trust or an individual who is duly licensed or otherwise
legally authorized to render the same specific professional
services within this or any other state as those for which the
corporation was incorporated. [1998 c 293 § 3; 1997 c 18 §
2; 1983 c 51 § 4; 1969 c 122 § 9.]
18.100.095
18.100.095 Validity of share voting agreements.
Except for qualified trusts, a proxy, voting trust, or other voting agreement with respect to shares of a professional corporation shall not be valid unless all holders thereof, all trustees
and beneficiaries thereof, or all parties thereto, as the case
may be, are eligible to be shareholders of the corporation.
[1997 c 18 § 3; 1983 c 51 § 12.]
18.100.100
18.100.100 Legal qualification of officer, shareholder
or employee to render professional service, effect. Unless
a director, officer, shareholder, agent or employee of a corporation organized under this chapter who has been rendering
professional service to the public is legally qualified at all
times to render such professional services within at least one
state in which the corporation conducts business, he or she
shall sever all employment with, and financial interests in,
such corporation forthwith. A corporation's failure to require
compliance with this provision shall constitute a ground for
the forfeiture of its articles of incorporation and its dissolution. When a corporation's failure to comply with this provision is brought to the attention of the office of the secretary of
state, the secretary of state forthwith shall certify that fact to
the attorney general for appropriate action to dissolve the corporation. [1998 c 293 § 4; 1969 c 122 § 10.]
18.100.110
18.100.110 Sale or transfer of shares. No shareholder
of a corporation organized as a professional corporation may
sell or transfer his or her shares in such corporation except to
the trustee of a qualified trust or another individual who is eligible to be a shareholder of such corporation. Any transfer of
shares in violation of this section shall be void. However,
nothing in this section prohibits the transfer of shares of a
professional corporation by operation of law or court decree.
[1997 c 18 § 4; 1983 c 51 § 5; 1969 c 122 § 11.]
18.100.120
(a)(i) A shareholder of a professional corporation dies;
(ii) A shareholder of a professional corporation becomes
an ineligible person;
(iii) Shares of a professional corporation are transferred
by operation of law or court decree to an ineligible person; or
(iv) A charitable remainder unitrust or charitable remainder annuity trust that holds shares of a professional corporation becomes an ineligible person; and
(b) The shares held by the deceased shareholder or by
such ineligible person are less than all of the outstanding
shares of the corporation, then
the shares held by the deceased shareholder or by the ineligible person may be transferred to remaining shareholders of
the corporation or may be redeemed by the corporation pursuant to terms stated in the articles of incorporation or by
laws of the corporation, or in a private agreement. In the
absence of any such terms, such shares may be transferred to
any individual eligible to be a shareholder of the corporation.
(2) If such a redemption or transfer of the shares held by
a deceased shareholder or an ineligible person is not completed within twelve months after the death of the deceased
shareholder or the transfer, as the case may be, such shares
shall be deemed to be shares with respect to which the holder
has elected to exercise the right of dissent described in chapter 23B.13 RCW and has made written demand on the corporation for payment of the fair value of such shares. The corporation shall forthwith cancel the shares on its books and the
deceased shareholder or ineligible person shall have no further interest in the corporation other than the right to payment
for the shares as is provided in RCW 23B.13.250. For purposes of the application of RCW 23B.13.250, the date of the
corporate action and the date of the shareholder's written
demand shall be deemed to be one day after the date on which
the twelve-month period from the death of the deceased
shareholder, or from the transfer, expires. [1997 c 18 § 5;
1991 c 72 § 4; 1983 c 51 § 10.]
18.100.118
18.100.118 Eligibility of certain representatives and
transferees to serve as directors, officers, or shareholders.
If all of the outstanding shares of a professional corporation
are held by an administrator, executor, guardian, conservator,
or receiver of the estate of a former shareholder, or by a transferee who received such shares by operation of law or court
decree, such administrator, executor, guardian, conservator,
receiver, or transferee for a period of twelve months following receipt or transfer of such shares may be a director,
officer, or shareholder of the professional corporation. [1983
c 51 § 11.]
18.100.120
18.100.114
18.100.114 Merger or consolidation. A corporation
organized under this chapter may merge or consolidate with
another corporation, domestic or foreign, organized to render
the same specific professional services, only if every shareholder of each corporation is eligible to be a shareholder of
the surviving or new corporation. [1998 c 293 § 6; 1983 c 51
§ 8.]
18.100.116
18.100.116 Death of shareholder, transfer to ineligible person—Treatment of shares. (1) If:
(2004 Ed.)
18.100.120 Name—Listing of shareholders. Corporations organized pursuant to this chapter shall render professional service and exercise its authorized powers under a
name permitted by law and the professional ethics of the profession in which the corporation is so engaged. The corporate
name of a professional service corporation must contain
either the words "professional service" or "professional corporation" or the abbreviation "P.S." or "P.C." The corporate
name may also contain either the words "corporation,"
"incorporated," "company," or "limited," or the abbreviation
"corp.," "inc.," "co.," or "ltd." With the filing of its first
[Title 18 RCW—page 247]
18.100.130
Title 18 RCW: Businesses and Professions
annual report and any filings thereafter, professional service
corporation shall list its then shareholders: PROVIDED,
That notwithstanding the foregoing provisions of this section,
the corporate name of a corporation organized to render dental services shall contain the full names or surnames of all
shareholders and no other word than "chartered" or the words
"professional services" or the abbreviation "P.S." or "P.C."
[1993 c 290 § 1; 1982 c 35 § 169; 1969 c 122 § 12.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
18.100.130 Application of Business Corporation Act
and Nonprofit Corporation Act. (1) For a professional service corporation organized for pecuniary profit under this
chapter, the provisions of Title 23B RCW shall be applicable
except to the extent that any of the provisions of this chapter
are interpreted to be in conflict with the provisions thereof,
and in such event the provisions and sections of this chapter
shall take precedence with respect to a corporation organized
pursuant to the provisions of this chapter.
(2) For a professional service corporation organized
under this chapter and chapter 24.03 RCW as a nonprofit
nonstock corporation, the provisions of chapter 24.03 RCW
shall be applicable except to the extent that any of the provisions of this chapter are interpreted to be in conflict with the
provisions thereof, and in such event the provisions and sections of this chapter shall take precedence with respect to a
corporation organized under the provisions of this chapter.
[1991 c 72 § 5; 1986 c 261 § 2; 1983 c 51 § 6; 1969 c 122 §
13.]
18.100.130
18.100.132 Nonprofit professional service corporations formed under prior law. A nonprofit professional service corporation formed pursuant to *chapter 431, Laws of
1985, may amend its articles of incorporation at any time
before July 31, 1987, to comply with the provisions of this
chapter. Compliance under this chapter shall relate back and
take effect as of the date of formation of the corporation
under *chapter 431, Laws of 1985, and the corporate existence shall be deemed to have continued without interruption
from that date. [1986 c 261 § 4.]
18.100.132
*Reviser's note: Chapter 431, Laws of 1985 enacted RCW 24.03.038,
which was repealed by 1986 c 261 § 7.
the effective date of such amendment, the corporation shall
no longer be subject to the provisions of this chapter and shall
continue in existence as a corporation under Title 23B RCW
or chapter 24.03 RCW. [1991 c 72 § 7; 1986 c 261 § 3; 1983
c 51 § 9.]
18.100.140
18.100.140 Improper conduct not authorized. Nothing in this chapter shall authorize a director, officer, shareholder, agent or employee of a corporation organized under
this chapter, or a corporation itself organized under this chapter, to do or perform any act which would be illegal, unethical
or unauthorized conduct under the provisions of the following acts: (1) Physicians and surgeons, chapter 18.71 RCW;
(2) anti-rebating act, chapter 19.68 RCW; (3) state bar act,
chapter 2.48 RCW; (4) professional accounting act, chapter
18.04 RCW; (5) professional architects act, chapter 18.08
RCW; (6) professional auctioneers act, chapter 18.11 RCW;
(7) cosmetologists, barbers, and manicurists, chapter 18.16
RCW; (8) boarding homes act, chapter 18.20 RCW; (9) podiatric medicine and surgery, chapter 18.22 RCW; (10) chiropractic act, chapter 18.25 RCW; (11) registration of contractors, chapter 18.27 RCW; (12) debt adjusting act, chapter
18.28 RCW; (13) dental hygienist act, chapter 18.29 RCW;
(14) dentistry, chapter 18.32 RCW; (15) dispensing opticians, chapter 18.34 RCW; (16) naturopathic physicians,
chapter 18.36A RCW; (17) embalmers and funeral directors,
chapter 18.39 RCW; (18) engineers and land surveyors,
chapter 18.43 RCW; (19) escrow agents registration act,
chapter 18.44 RCW; (20) *maternity homes, chapter 18.46
RCW; (21) midwifery, chapter 18.50 RCW; (22) nursing
homes, chapter 18.51 RCW; (23) optometry, chapter 18.53
RCW; (24) osteopathic physicians and surgeons, chapter
18.57 RCW; (25) pharmacists, chapter 18.64 RCW; (26)
physical therapy, chapter 18.74 RCW; (27) registered nurses,
advanced registered nurse practitioners, and practical nurses,
chapter 18.79 RCW; (28) psychologists, chapter 18.83 RCW;
(29) real estate brokers and salesmen, chapter 18.85 RCW;
(30) veterinarians, chapter 18.92 RCW. [1994 sp.s. c 9 § 717;
1987 c 447 § 16; 1982 c 35 § 170; 1969 c 122 § 14.]
*Reviser's note: The definition of "maternity home" was changed to
"birthing center" by 2000 c 93 § 30.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1987 c 447: See RCW 18.36A.901.
18.100.133 Business corporations, election of this
chapter. A business corporation formed under the provisions of Title 23B RCW may amend its articles of incorporation to change its stated purpose to the rendering of professional services and to conform to the requirements of this
chapter. Upon the effective date of such amendment, the corporation shall be subject to the provisions of this chapter and
shall continue in existence as a professional corporation
under this chapter. [1991 c 72 § 6; 1986 c 261 § 5.]
18.100.133
18.100.134 Professional services—Deletion from
stated purposes of corporation. A professional corporation
may amend its articles of incorporation to delete from its
stated purposes the rendering of professional services and to
conform to the requirements of Title 23B RCW, or to the
requirements of chapter 24.03 RCW if organized pursuant to
RCW 18.100.050 as a nonprofit nonstock corporation. Upon
18.100.134
[Title 18 RCW—page 248]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
18.100.145
18.100.145 Doctor of osteopathic medicine and surgery—Discrimination prohibited. A professional service
corporation that provides health care services to the general
public may not discriminate against a qualified doctor of
osteopathic medicine and surgery licensed under chapter
18.57 RCW, who has applied to practice with the professional service corporation, solely because that practitioner
was board certified or eligible under an approved osteopathic
certifying board instead of board certified or eligible respectively under an approved medical certifying board. [1995 c
64 § 2.]
18.100.150
18.100.150 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
(2004 Ed.)
Water Well Construction
18.100.160 Foreign professional corporation. A foreign professional corporation may render professional services in this state so long as it complies with chapter 23B.15
RCW and each individual rendering professional services in
this state is duly licensed or otherwise legally authorized to
render such professional services within this state. [1998 c
293 § 7.]
18.100.160
Chapter 18.104
Chapter 18.104 RCW
WATER WELL CONSTRUCTION
Sections
18.104.005
18.104.010
18.104.020
18.104.030
18.104.040
18.104.043
18.104.048
18.104.049
18.104.050
18.104.055
18.104.060
18.104.065
18.104.070
18.104.080
18.104.093
18.104.095
18.104.097
18.104.100
18.104.110
18.104.115
18.104.120
18.104.130
18.104.150
18.104.155
18.104.160
18.104.170
18.104.180
18.104.190
18.104.900
18.104.910
18.104.920
18.104.930
Transfer of duties to the department of health.
Purpose.
Definitions.
Compliance enjoined.
Powers of department.
Well sealing and decommissioning—Delegation of authority.
Prior notice of well construction, reconstruction, or decommissioning.
Modification of construction standards.
Reports of well construction or alteration.
Fees.
Violations—Cease and desist orders.
Remedies for noncomplying wells.
Water well operator's license.
Examinations—Subjects—Times and places.
Water well construction operator's training license.
Resource protection well operator's license.
Resource protection well operator's training license.
Licenses—Duration—Renewal—Failure to renew, procedure—Conditional licenses.
Actions against licenses—Grounds—Duration.
License suspension—Nonpayment or default on educational
loan or scholarship.
Complaints against contractors or operators—Department's
response—Review.
Appeals.
Disposition of fees—Grants to local governments.
Civil penalties—Amount and disposition.
Criminal penalties—Prosecutions.
Remedies cumulative.
Exemptions.
Technical advisory group.
Short title.
Effective date—1971 ex.s. c 212.
Severability—1971 ex.s. c 212.
Effective date—1993 c 387.
18.104.005
18.104.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 237.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.104.010
18.104.010 Purpose. The legislature declares that the
drilling, making or constructing of wells within the state is a
business and activity of vital interest to the public. In order to
protect the public health, welfare, and safety of the people it
is necessary that provision be made for the regulation and
licensing of well contractors and operators and for the regulation of well design and construction. [1993 c 387 § 1; 1971
ex.s. c 212 § 1.]
18.104.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Abandoned well" means a well that is unused,
unmaintained, and is in such disrepair as to be unusable.
18.104.020
(2004 Ed.)
18.104.020
(2) "Constructing a well" or "construct a well" means:
(a) Boring, digging, drilling, or excavating a well;
(b) Installing casing, sheeting, lining, or well screens, in
a well;
(c) Drilling a geotechnical soil boring; or
(d) Installing an environmental investigation well.
"Constructing a well" or "construct a well" includes the
alteration of an existing well.
(3) "Decommission" means to fill or plug a well so that
it will not produce water, serve as a channel for movement of
water or pollution, or allow the entry of pollutants into the
well or aquifers.
(4) "Department" means the department of ecology.
(5) "Dewatering well" means a cased or lined excavation
or boring that is intended to withdraw or divert ground water
for the purpose of facilitating construction, stabilizing a landslide, or protecting an aquifer.
(6) "Director" means the director of the department of
ecology.
(7) "Environmental investigation well" means a cased
hole intended or used to extract a sample or samples of
ground water, vapor, or soil from an underground formation
and which is decommissioned immediately after the sample
or samples are obtained. An environmental investigation well
is typically installed using direct push technology or auger
boring and uses the probe, stem, auger, or rod as casing. An
environmental investigation well is not a geotechnical soil
boring.
(8) "Geotechnical soil boring" or "boring" means a well
drilled for the purpose of obtaining soil samples or information to ascertain structural properties of the subsurface.
(9) "Ground water" means and includes ground waters as
defined in RCW 90.44.035.
(10) "Instrumentation well" means a well in which pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or
monitor subsurface strength and movement. Instrumentation
well includes borehole extensometers, slope indicators, pneumatic or electric pore pressure transducers, and load cells.
(11) "Monitoring well" means a well designed to obtain
a representative ground water sample or designed to measure
the water level elevation in either clean or contaminated
water or soil.
(12) "Observation well" means a well designed to measure the depth to the water level elevation in either clean or
contaminated water or soil.
(13) "Operator" means a person who (a) is employed by
a well contractor; (b) is licensed under this chapter; or (c)
who controls, supervises, or oversees the construction of a
well or who operates well construction equipment.
(14) "Owner" or "well owner" means the person, firm,
partnership, copartnership, corporation, association, or other
entity who owns the property on which the well is or will be
constructed.
(15) "Pollution" and "contamination" have the meanings
provided in RCW 90.48.020.
(16) "Remediation well" means a well intended or used
to withdraw ground water or inject water, air (for air sparging), or other solutions into the subsurface for the purpose of
remediating, cleaning up, or controlling potential or actual
ground water contamination.
[Title 18 RCW—page 249]
18.104.030
Title 18 RCW: Businesses and Professions
(17) "Resource protection well" means a cased boring
intended or used to collect subsurface information or to determine the existence or migration of pollutants within an
underground formation. Resource protection wells include
monitoring wells, observation wells, piezometers, spill
response wells, remediation wells, environmental investigation wells, vapor extraction wells, and instrumentation wells.
(18) "Resource protection well contractor" means any
person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter
18.27 RCW, engaged in the business of constructing resource
protection wells or geotechnical soil borings.
(19) "Water well" means any excavation that is constructed when the intended use of the well is for the location,
diversion, artificial recharge, observation, monitoring, dewatering, or withdrawal of ground water.
(20) "Water well contractor" means any person, firm,
partnership, copartnership, corporation, association, or other
entity, licensed and bonded under chapter 18.27 RCW,
engaged in the business of constructing water wells.
(21) "Well" means water wells, resource protection
wells, dewatering wells, and geotechnical soil borings. Well
does not mean an excavation made for the purpose of obtaining or prospecting for oil, natural gas, geothermal resources,
minerals, or products of mining, or quarrying, or for inserting
media to repressure oil or natural gas bearing formations, or
for storing petroleum, natural gas, or other products.
(22) "Well contractor" means a resource protection well
contractor and a water well contractor. [2002 c 48 § 1; 2000
c 171 § 26; 1993 c 387 § 2; 1983 1st ex.s. c 27 § 14; 1971
ex.s. c 212 § 2.]
18.104.030
18.104.030 Compliance enjoined. It is unlawful:
(1) For any person to supervise, construct, alter, or
decommission a well without complying with the provisions
of this chapter and the rules for well construction adopted
pursuant to this chapter;
(2) For any person to cause a well to be constructed in
violation of the standards for well construction established by
this chapter and rules adopted by the department pursuant to
this chapter;
(3) For a prospective water well owner to have a water
well constructed without first obtaining a water right permit,
if a permit is required;
(4) For any person to construct, alter, or decommission a
well unless the fees required by RCW 18.104.055 have been
paid;
(5) For a person to tamper with or remove a well identification tag except during well alteration; and
(6) Except as provided in RCW 18.104.180, for any person to contract to engage in the construction of a well or to act
as a well operator without first obtaining a license pursuant to
this chapter. [1993 c 387 § 3; 1971 ex.s. c 212 § 3.]
18.104.040
18.104.040 Powers of department. The department
shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant
to the provisions of this chapter;
[Title 18 RCW—page 250]
(2) At all reasonable times, to enter upon lands for the
purpose of inspecting, taking measurements from, or tagging
any well, constructed or being constructed;
(3) To call upon or receive professional or technical
advice from the department of health, the technical advisory
group created in RCW 18.104.190, or any other public
agency or person;
(4) To adopt rules, in consultation with the department of
health and the technical advisory group created in RCW
18.104.190, governing licensing and well construction as
may be appropriate to carry out the purposes of this chapter.
The rules adopted by the department may include, but are not
limited to:
(a) Standards for the construction and maintenance of
wells and their casings;
(b) Methods of capping, sealing, and decommissioning
wells to prevent contamination of ground water resources and
to protect public health and safety;
(c) Methods of artificial recharge of ground water bodies
and of construction of wells which insure separation of individual water bearing formations;
(d) The manner of conducting and the content of examinations required to be taken by applicants for license hereunder;
(e) Requirements for the filing of notices of intent, well
reports, and the payment of fees;
(f) Reporting requirements of well contractors;
(g) Limitations on well construction in areas identified
by the department as requiring intensive control of withdrawals in the interests of sound management of the ground water
resource;
(5) To require the operator in the construction of a well
and the property owner in the maintenance of a well to guard
against waste and contamination of the ground water
resources;
(6) To require the operator to place a well identification
tag on a new well and on an existing well on which work is
performed after the effective date of rules requiring well
identification tags and to place or require the owner to place
a well identification tag on an existing well;
(7) To require the well owner to repair or decommission
any well:
(a) That is abandoned, unusable, or not intended for
future use; or
(b) That is an environmental, safety, or public health
hazard. [1993 c 387 § 4; 1991 c 3 § 249; 1971 ex.s. c 212 §
4.]
18.104.043 Well sealing and decommissioning—Delegation of authority. (1) If requested in writing by the governing body of a local health district or county, the department by memorandum of agreement may delegate to the governing body the authority to administer and enforce the well
tagging, sealing, and decommissioning portions of the water
well construction program.
(2) The department shall determine whether a local
health district or county that seeks delegation under this section has the resources, capability, and expertise, including
qualified field inspectors, to administer the delegated program. If the department determines the local government has
these resources, it shall notify well contractors, consultants,
18.104.043
(2004 Ed.)
Water Well Construction
and operators of the proposal. The department shall accept
written comments on the proposal for sixty days after the
notice is mailed.
(3) If the department determines that a delegation of
authority to a local health district or county to administer and
enforce the well sealing and decommissioning portions of the
water well construction program will enhance the public
health and safety and the environment, the department and
the local governing body may enter into a memorandum of
agreement setting forth the specific authorities delegated by
the department to the local governing body. The memorandum of agreement shall provide for an initial review of the
delegation within one year and for periodic review thereafter.
(4) With regard to the portions of the water well construction program delegated under this section, the local governing agency shall exercise only the authority delegated to it
under this section. If, after a public hearing, the department
determines that a local governing body is not administering
the program in accordance with this chapter, it shall notify
the local governing body of the deficiencies. If corrective
action is not taken within a reasonable time, not to exceed
sixty days, the department by order shall withdraw the delegation of authority.
(5) The department shall promptly furnish the local governing body with a copy of each water well report and notification of start cards received in the area covered by a delegated program.
(6) The department and the local governing body shall
coordinate to reduce duplication of effort and shall share all
appropriate information including technical reports, violations, and well reports.
(7) Any person aggrieved by a decision of a local health
district or county under a delegated program may appeal the
decision to the department. The department's decision is subject to review by the pollution control hearings board as provided in RCW 43.21B.110.
(8) The department shall not delegate the authority to
license well contractors, renew licenses, receive notices of
intent to commence constructing a well, receive well reports,
or collect state fees provided for in this chapter. [2000 c 32 §
1; 1996 c 12 § 2; 1993 c 387 § 5; 1992 c 67 § 2.]
Findings—Intent—1996 c 12: "The legislature finds that experimental
delegation of portions of the well drilling administration and enforcement
authority of the department of ecology to willing and able local governments
has been successful to date. Delegation has provided a more effective and
efficient means of assuring proper well construction and decommissioning
and protection of public health and safety than could be accomplished by the
department of ecology acting alone. The legislature further finds that without
legislative action, the authority for such delegation will expire June 30, 1996.
Therefore, it is the intent of the legislature to extend the authority for delegation an additional four years." [1996 c 12 § 1.]
Legislative findings—1992 c 67: "The legislature finds that the public
health and safety and the environment would be enhanced by permitting
qualified local governmental agencies to administer and enforce portions of
the water well construction program." [1992 c 67 § 1.]
18.104.048
18.104.048 Prior notice of well construction, reconstruction, or decommissioning. A property owner or the
owner's agent shall notify the department of his or her intent
to begin well construction, reconstruction, or decommissioning procedures at least seventy-two hours in advance of commencing work. The notice shall be submitted on forms provided by the department and shall be accompanied by the fees
(2004 Ed.)
18.104.055
required by RCW 18.104.055. The notice shall contain the
name of the owner of the well, location of the well, proposed
use, approximate start date, well contractor's or operator's
name and license number, company's name, and other pertinent information as prescribed by rule of the department.
Rules of the department shall also provide for prior telephonic notification by well contractors or operators in exceptional situations. The department shall issue a receipt indicating that the notice required by this section has been filed and
the fees required by RCW 18.104.055 have been paid not
later than three business days after the department has
received the notice and fees. [1993 c 387 § 6; 1987 c 394 §
3.]
18.104.049
18.104.049 Modification of construction standards.
The department by rule shall adopt procedures to permit a
well operator to modify construction standards to meet
unforeseen circumstances encountered during the construction of a well. The procedures shall be developed in consultation with the technical advisory group established in RCW
18.104.190. [1993 c 387 § 7.]
18.104.050
18.104.050 Reports of well construction or alteration.
(1) A well contractor shall furnish a well report to the director
within thirty days after the completion of the construction or
alteration of a well by the contractor. The director, by rule,
shall prescribe the form of the report and the information to
be contained therein.
(2) In the case of a dewatering well project:
(a) A single well construction report may be submitted
for all similar dewatering wells constructed with no significant change in geologic formation; and
(b) A single well decommissioning report may be submitted for all similar dewatering wells decommissioned that
have no significant change in geologic formation. [1993 c
387 § 8; 1971 ex.s. c 212 § 5.]
18.104.055
18.104.055 Fees. (1) A fee is hereby imposed on each
well constructed in this state on or after July 1, 1993.
(2)(a) The fee for one new water well, other than a dewatering well, with a minimum top casing diameter of less than
twelve inches is one hundred dollars.
(b) The fee for one new water well, other than a dewatering well, with a minimum top casing diameter of twelve
inches or greater is two hundred dollars.
(c) The fee for a new resource protection well, except for
an environmental investigation well, is forty dollars for each
well.
(d) The fee for an environmental investigation well in
which ground water is sampled or measured is forty dollars
for construction of up to four environmental investigation
wells per project, ten dollars for each additional environmental investigation well constructed on a project with more than
four wells. There is no fee for soil or vapor sampling purposes.
(e) The combined fee for construction and decommissioning of a dewatering well system shall be forty dollars for
each two hundred horizontal lineal feet, or portion thereof, of
the dewatering well system.
[Title 18 RCW—page 251]
18.104.060
Title 18 RCW: Businesses and Professions
(3) The fees imposed by this section shall be paid at the
time the notice of well construction is submitted to the
department as provided by RCW 18.104.048. The department by rule may adopt procedures to permit the fees
required for resource protection wells to be paid after the
number of wells actually constructed has been determined.
The department shall refund the amount of any fee collected
for wells, borings, probes, or excavations as long as construction has not started and the department has received a refund
request within one hundred eighty days from the time the
department received the fee. The refund request shall be
made on a form provided by the department. [2002 c 48 § 2;
1993 c 387 § 9.]
18.104.060
18.104.060 Violations—Cease and desist orders.
Notwithstanding and in addition to any other powers granted
to the department, whenever it appears to the director, or to
an assistant authorized by the director to issue regulatory
orders under this section, that a person is violating or is about
to violate any of the provisions of this chapter, the director, or
the director's authorized assistant, may cause a written regulatory order to be served upon said person either personally,
or by registered or certified mail delivered to the addressee
only with return receipt requested and acknowledged by him
or her. The order shall specify the provision of this chapter,
and if applicable, the rule adopted pursuant to this chapter
alleged to be or about to be violated, and the facts upon which
the conclusion of violating or potential violation is based, and
shall order the act constituting the violation or the potential
violation to cease and desist or, in appropriate cases, shall
order necessary corrective action to be taken with regard to
such acts within a specific and reasonable time. An order
issued under this chapter shall become effective immediately
upon receipt by the person to whom the order is directed, and
shall become final unless review thereof is requested as provided in this chapter. [1993 c 387 § 10; 1971 ex.s. c 212 § 6.]
18.104.065
18.104.065 Remedies for noncomplying wells. (1)
The department may order a well contractor or well operator
to repair, alter, or decommission a well if the department
demonstrates that the construction of the well did not meet
the standards for well construction in effect at the time construction of the well was completed.
(2) The department may not issue an order pursuant to
this section:
(a) For wells for which construction has been substantially completed before July 1, 1993, more than six years after
construction has been substantially completed; or
(b) For wells for which construction has been substantially completed on or after July 1, 1993, more than three
years after construction has been substantially completed.
For purposes of this subsection, "construction has been
substantially completed" has the same meaning as "substantial completion of construction" in RCW 4.16.310.
(3) Subsection (2) of this section shall only apply to a
well for which the notice of construction required by RCW
18.104.048 and the report required by RCW 18.104.050 have
been filed with the department. [1993 c 387 § 11.]
[Title 18 RCW—page 252]
18.104.070 Water well operator's license. A person
shall be qualified to receive a water well operator's license if
the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the
department the application fee determined by rule adopted
pursuant to this chapter; and
(2) Has the field experience and educational training
required by rule adopted by the department pursuant to this
chapter; and
(3) Has passed a written examination as provided for in
RCW 18.104.080; and
(4) Has passed an on-site examination by the department
if the person's qualifying field experience under subsection
(2) of this section is from another state. The department may
waive the on-site examination. [1993 c 387 § 12; 1987 c 394
§ 2; 1971 ex.s. c 212 § 7.]
18.104.070
18.104.080 Examinations—Subjects—Times and
places. The examination for a license issued pursuant to this
chapter shall be prepared to test knowledge and understanding of at least the following subjects:
(1) Washington ground water laws as they relate to well
construction;
(2) Sanitary standards for well drilling and construction
of wells;
(3) Types of well construction;
(4) Drilling tools and equipment;
(5) Underground geology as it relates to well construction; and
(6) Rules of the department and the department of health
relating to well construction.
Examinations shall be held at such times and places as
may be determined by the department but not later than thirty
days after an applicant has filed a completed application with
the department. The department shall make a determination
of the applicant's qualifications for a license within ten days
after the examination. [1993 c 387 § 16; 1991 c 3 § 250; 1971
ex.s. c 212 § 8.]
18.104.080
18.104.093 Water well construction operator's training license. The department may issue a water well construction operator's training license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the
department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in
RCW 18.104.080;
(4) Has passed an on-site examination by the department; and
(5) Presents a statement by a person licensed under this
chapter, other than a trainee, signed under penalty of perjury
as provided in RCW 9A.72.085, verifying that the applicant
has the field experience required by rules adopted pursuant to
this chapter and assuming liability for any and all well construction activities of the person seeking the training license.
A person with a water well construction operator's training license may operate a drilling rig without the direct super18.104.093
(2004 Ed.)
Water Well Construction
vision of a licensed operator if a licensed operator is available
by radio, telephone, or other means of communication. [1993
c 387 § 13.]
18.104.095
18.104.095 Resource protection well operator's
license. A person shall be qualified to receive a resource protection well operator's license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the
department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in
RCW 18.104.080. This requirement shall not apply to a person who passed the written examination to obtain a resource
protection well construction operator's training license; and
(4) Has passed an on-site examination by the department
if the person's qualifying field experience is from another
state. The department may waive the on-site examination.
A person with a license issued pursuant to this chapter
before July 1, 1993, may obtain a resource protection well
construction operator's license by paying the application fee
determined by rule adopted by the department pursuant to
this chapter and submitting evidence required by the department to demonstrate that the person has the required experience to construct resource protection wells. [1993 c 387 §
14.]
18.104.097
18.104.097 Resource protection well operator's
training license. The department may issue a resource protection well operator's training license if the person:
(1) Has submitted a completed application to the department on forms provided by the department and has paid to the
department the application fee required by rules adopted pursuant to this chapter;
(2) Has acquired field experience and educational training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in
RCW 18.104.080;
(4) Has passed an on-site examination by the department; and
(5) Presents a statement by a person licensed under this
chapter, other than a trainee, signed under penalty of perjury
as provided in RCW 9A.72.085, verifying that the applicant
has the field experience required by rules adopted pursuant to
this chapter and assuming liability for any and all well construction activities of the person seeking the training license.
A person with a resource protection well construction
operator's training license may operate a drilling rig without
direct supervision of a licensed operator if a licensed operator
is accessible by radio, telephone, or other means of communication. [1993 c 387 § 15.]
18.104.115
application for renewal, the renewal fee, and proof of completion of the required continuing education, the license shall
expire at the end of its effective term.
(2) A person whose license has expired must apply for a
new license as provided in this chapter. The department may
waive the requirement for a written examination and on-site
testing for a person whose license has expired.
(3) The department may refuse to renew a license if the
licensee has not complied with an order issued by the department or has not paid a penalty imposed in accordance with
this chapter, unless the order or penalty is under appeal.
(4) The department may issue a conditional license to
enable a former licensee to comply with an order to correct
problems with a well. [1993 c 387 § 17; 1971 ex.s. c 212 §
10.]
18.104.110
18.104.110 Actions against licenses—Grounds—
Duration. (1) In cases other than those relating to the failure
of a licensee to renew a license, the director may suspend or
revoke a license issued pursuant to this chapter for any of the
following reasons:
(a) For fraud or deception in obtaining the license;
(b) For fraud or deception in reporting under RCW
18.104.050;
(c) For violating the provisions of this chapter, or of any
lawful rule or regulation of the department or the department
of health.
(2) The director shall immediately suspend any license
issued under this chapter if the holder of the license has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation order.
If the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license
shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating
that the person is in compliance with the order.
(3) No license shall be suspended for more than six
months, except that a suspension under RCW 74.20A.320
shall continue until the department receives a release issued
by the department of social and health services stating that
the person is in compliance with the order.
(4) No person whose license is revoked shall be eligible
to apply for a license for one year from the effective date of
the final order of revocation. [1997 c 58 § 828; 1993 c 387 §
18; 1991 c 3 § 251; 1971 ex.s. c 212 § 11.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
18.104.100
18.104.100 Licenses—Duration—Renewal—Failure
to renew, procedure—Conditional licenses. (1) Licenses
issued pursuant to this chapter shall be renewed every two
years. A license shall be renewed upon payment of a renewal
fee and completion of continuing education required by rule
adopted by the department. If a licensee fails to submit an
(2004 Ed.)
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.104.115
18.104.115 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified
[Title 18 RCW—page 253]
18.104.120
Title 18 RCW: Businesses and Professions
by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a
brief adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's license shall not be reissued until the person provides the director a written release
issued by the lending agency stating that the person is making
payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the director
may impose. [1996 c 293 § 16.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.104.120
18.104.120 Complaints against contractors or operators—Department's response—Review. Any person with
an economic or noneconomic interest may make a complaint
against any well contractor or operator for violating this
chapter or any regulations under it to the department of ecology. The complaint shall be in writing, signed by the
complainant, and specify the grievances against the licensee.
The department shall respond to the complaint by issuance of
an order it deems appropriate. Review of the order shall be
subject to the hearings procedures set forth in RCW
18.104.130. [1993 c 387 § 19; 1983 c 93 § 1; 1971 ex.s. c 212
§ 12.]
18.104.130
18.104.130 Appeals. Any person who feels aggrieved
by an order of the department including the granting, denial,
revocation, or suspension of a license issued by the department pursuant to this chapter shall be entitled to an appeal
pursuant to RCW 43.21B.310. [1987 c 109 § 24; 1971 ex.s.
c 212 § 13.]
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
18.104.150
18.104.150 Disposition of fees—Grants to local governments. (1) All fees paid under this chapter shall be credited by the state treasurer to the reclamation account established by chapter 89.16 RCW. Subject to legislative appropriation, the fees collected under this chapter shall be allocated
and expended by the director for the administration of the
well construction, well operators' licensing, and education
programs.
(2) The department shall provide grants to local governing entities that have been delegated portions of the well construction program pursuant to RCW 18.104.043 to assist in
supporting well inspectors hired by the local governing body.
Grants provided to a local governing body shall not exceed
the revenues generated from fees for the portion of the program delegated and from the area in which authority is delegated to the local governing body. [1993 c 387 § 20; 1971
ex.s. c 212 § 15.]
18.104.155
18.104.155 Civil penalties—Amount and disposition.
(1) Except as provided in RCW 43.05.060 through 43.05.080
[Title 18 RCW—page 254]
and 43.03.150, the department of ecology may assess a civil
penalty for a violation of this chapter or rules or orders of the
department adopted or issued pursuant to it.
(2) There shall be three categories of violations: Minor,
serious, and major.
(a) A minor violation is a violation that does not seriously threaten public health, safety, and the environment.
Minor violations include, but are not limited to:
(i) Failure to submit completed start cards and well
reports within the required time;
(ii) Failure to submit variance requests before construction;
(iii) Failure to submit well construction fees;
(iv) Failure to place a well identification tag on a new
well; and
(v) Minor or reparable construction problems.
(b) A serious violation is a violation that poses a critical
or serious threat to public health, safety, and the environment.
Serious violations include, but are not limited to:
(i) Improper well construction;
(ii) Intentional and improper location or siting of a well;
(iii) Construction of a well without a required permit;
(iv) Violation of decommissioning requirements;
(v) Repeated minor violations; or
(vi) Construction of a well by a person whose license has
expired or has been suspended for not more than ninety days.
(c) A major violation is the construction of a well by a
person:
(i) Without a license; or
(ii) After the person's license has been suspended for
more than ninety days or revoked.
(3)(a) The penalty for a minor violation shall be not less
than one hundred dollars and not more than five hundred dollars. Before the imposition of a penalty for a minor violation,
the department may issue an order of noncompliance to provide an opportunity for mitigation or compliance.
(b) The penalty for a serious violation shall be not less
than five hundred dollars and not more than five thousand
dollars.
(c) The penalty for a major violation shall be not less
than five thousand dollars and not more than ten thousand
dollars.
(4) In determining the appropriate penalty under subsection (3) of this section the department shall consider whether
the person:
(a) Has demonstrated a general disregard for public
health and safety through the number and magnitude of the
violations;
(b) Has demonstrated a disregard for the well construction laws or rules in repeated or continuous violations; or
(c) Knew or reasonably should have known of circumstances that resulted in the violation.
(5) Penalties provided for in this section shall be
imposed pursuant to RCW 43.21B.300. The department shall
provide thirty days written notice of a violation as provided in
RCW 43.21B.300(3).
(6) For informational purposes, a copy of the notice of
violation, resulting from the improper construction of a well,
that is sent to a water well contractor or water well construction operator, shall also be sent by the department to the well
owner.
(2004 Ed.)
Plumbers
(7) Penalties collected by the department pursuant to this
section shall be deposited in the reclamation account established by chapter 89.16 RCW. Subject to legislative appropriation, the penalties may be spent only for purposes related to
the restoration and enhancement of ground water resources in
the state. [1995 c 403 § 628; 1993 c 387 § 21; 1987 c 394 §
1.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
18.104.160 Criminal penalties—Prosecutions. Any
person who shall violate any provision of this chapter, shall
be guilty of a misdemeanor and shall, upon conviction, be
subject to a fine of not more than two hundred fifty dollars, or
imprisonment in a county jail for a term not to exceed thirty
days, or both. Criminal prosecutions for violations of this
chapter shall be prosecuted by the prosecuting attorney in the
county in which the violation occurred. [1971 ex.s. c 212 §
16.]
18.104.160
Chapter 18.106
scientist knowledgeable in the design and construction of
wells.
(2) The technical advisory group shall assist the department in the development and revision of rules; the preparation and revision of licensing examinations; the development
of training criteria for inspectors, well contractors, and well
operators; and the review of proposed changes to the minimum standards for construction and maintenance of wells by
local governments for the purpose of achieving continuity
with technology and state rules.
(3) The group shall meet at least twice each year to
review rules and suggest any necessary changes.
(4) Each member of the group shall be compensated in
accordance with RCW 43.03.240 and reimbursed for travel
expenses while engaged in the business of the group as prescribed in RCW 43.03.050 and 43.03.060. [1993 c 387 § 25.]
18.104.900
18.104.900 Short title. This chapter shall be known and
may be cited as the "Washington well construction act."
[1993 c 387 § 26; 1971 ex.s. c 212 § 19.]
18.104.910
18.104.170 Remedies cumulative. The remedies provided for in this chapter shall be cumulative and nothing
herein shall alter, abridge or foreclose alternative actions at
common law or in equity or under statutory law, civil or criminal. [1971 ex.s. c 212 § 17.]
18.104.170
18.104.180 Exemptions. No license under this chapter
shall be required of:
(1) Any individual who personally constructs a well on
land which is owned or leased by the individual or in which
the individual has a beneficial interest as a contract purchaser
and is used by the individual for farm or single-family residential use only. An individual who constructs a well without
a license pursuant to this subsection shall comply with all
other requirements of this chapter and rules adopted by the
department, including but not limited to, well construction
standards, payment of well construction fees, and notification
of well construction required by RCW 18.104.048. An individual without a license may construct not more than one
well every two years pursuant to the provisions of this subsection.
(2) An individual who performs labor or services for a
well contractor in connection with the construction of a well
at the direction and under the supervision and control of a
licensed operator who is present at the construction site.
(3) A person licensed under the provisions of chapter
18.08 or 18.43 RCW if in the performance of duties covered
by those licenses. [1993 c 387 § 24; 1971 ex.s. c 212 § 18.]
18.104.180
18.104.190 Technical advisory group. (1) For the purpose of carrying out the provisions of this chapter, the director shall appoint a technical advisory group, chaired by the
department. The technical advisory group shall have twelve
members: Two members shall represent the department of
ecology, six members shall represent resource protection
well contractors or water well contractors, one member shall
represent the department of health, one member shall represent local health departments, one member shall represent
licensed professional engineers, and one member shall be a
18.104.910 Effective date—1971 ex.s. c 212. This act
shall take effect on July 1, 1971. [1971 ex.s. c 212 § 20.]
18.104.920
18.104.920 Severability—1971 ex.s. c 212. If any provision of the act, or its application to any person or circumstance is held invalid, the remainder of this act, or the application of the provision to other persons or circumstances is
not affected. [1971 ex.s. c 212 § 21.]
18.104.930
18.104.930 Effective date—1993 c 387. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 387 § 29.]
Chapter 18.106
Sections
18.106.010
18.106.020
18.106.030
18.106.040
18.106.050
18.106.070
18.106.075
18.106.080
18.104.190
(2004 Ed.)
Chapter 18.106 RCW
PLUMBERS
18.106.090
18.106.100
18.106.110
18.106.125
18.106.130
18.106.140
18.106.150
18.106.155
18.106.170
18.106.180
18.106.190
18.106.200
Definitions.
Certificate or permit required—Trainee supervision
required—Medical gas piping installer endorsement—Penalty—Notice of infraction.
Application for certificate of competency—Medical gas piping installer endorsement—Evidence required.
Examinations—Eligibility requirements—Determination.
Examinations—Scope—Results—Retaking.
Certificates of competency, installer endorsement—Issuance—Renewal—Rights of holder—Training certificates—
Supervision—Training, certified plumber.
Medical gas piping installer endorsement.
Persons engaged in plumbing business or trade on effective
date.
Temporary permits.
Revocation of certificate of competency—Grounds—Procedure.
Advisory board of plumbers.
Fees.
Plumbing certificate fund.
Powers and duties of director.
Exemptions.
Reciprocity.
Violations—Investigations—Evidence of compliance.
Notice of infraction—Issuance, service.
Notice—Contents.
Notice—Hearing—Contest—Notice of appeal.
[Title 18 RCW—page 255]
18.106.010
18.106.210
18.106.220
18.106.230
18.106.240
18.106.250
18.106.270
18.106.280
18.106.290
18.106.300
18.106.310
18.106.320
Title 18 RCW: Businesses and Professions
Notice—Determination infraction committed.
Notice—Penalty payment—Filing answer of protest—Failure
to respond or appear.
Notice—Failure to respond—Misdemeanor.
Representation by attorney—Department represented by attorney general.
Infraction—Cases—Administrative Procedure Act—Burden
of proof—Order—Appeal.
Infraction—Monetary penalties—Rules.
Pilot project—Enforcement of chapter—Reimbursement fee.
Certificate or permit suspension—Nonpayment or default on
educational loan or scholarship.
Certificate suspension—Noncompliance with support order—
Reissuance.
Backflow assembly testers—Specialty plumber's certificate of
competency.
Contractor's duties—Records audit—Department's rule-making authority—Penalty.
18.106.010
18.106.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meaning:
(1) "Advisory board" means the state advisory board of
plumbers;
(2) "Contractor" means any person, corporate or otherwise, who engages in, or offers or advertises to engage in, any
work covered by the provisions of this chapter by way of
trade or business, or any person, corporate or otherwise, who
employs anyone, or offers or advertises to employ anyone, to
engage in any work covered by the provisions of this chapter;
(3) "Department" means the department of labor and
industries;
(4) "Director" means the director of department of labor
and industries;
(5) "Journeyman plumber" means any person who has
been issued a certificate of competency by the department of
labor and industries as provided in this chapter;
(6) "Like-in-kind" means having similar characteristics
such as plumbing size, type, and function, and being in the
same location;
(7) "Medical gas piping" means oxygen, nitrous oxide,
high pressure nitrogen, medical compressed air, and medical
vacuum systems;
(8) "Medical gas piping installer" means a journeyman
plumber who has been issued a medical gas piping installer
endorsement;
(9) "Plumbing" means that craft involved in installing,
altering, repairing and renovating potable water systems, liquid waste systems, and medical gas piping systems within a
building. Installation in a water system of water softening or
water treatment equipment is not within the meaning of
plumbing as used in this chapter;
(10) "Specialty plumber" means anyone who has been
issued a specialty certificate of competency limited to:
(a) Installation, maintenance, and repair of the plumbing
of single-family dwellings, duplexes, and apartment buildings that do not exceed three stories; or
(b) Maintenance and repair of backflow prevention
assemblies. [2003 c 399 § 102; 2002 c 82 § 1; 2001 c 281 §
1; 1997 c 326 § 2; 1995 c 282 § 2; 1983 c 124 § 1; 1977 ex.s.
c 149 § 1; 1975 1st ex.s. c 71 § 1; 1973 1st ex.s. c 175 § 1.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Effective date—1997 c 326: "This act takes effect July 1, 1998." [1997
c 326 § 7.]
[Title 18 RCW—page 256]
18.106.020
18.106.020 Certificate or permit required—Trainee
supervision required—Medical gas piping installer
endorsement—Penalty—Notice of infraction. (1) No person may engage in or offer to engage in the trade of plumbing
without having a journeyman certificate, specialty certificate,
temporary permit, or trainee certificate. A trainee must be
supervised by a person who has a journeyman certificate,
specialty certificate, or temporary permit, as specified in
RCW 18.106.070. No contractor may employ a person to
engage in or offer to engage in the trade of plumbing unless
the person employed has a journeyman certificate, specialty
certificate, temporary permit, or trainee certificate. This section does not apply to a contractor who is contracting for
work on his or her own residence.
(2) No person may engage in or offer to engage in medical gas piping installation without having a certificate of
competency as a journeyman plumber and a medical gas piping installer endorsement. A trainee may engage in medical
gas piping installation if he or she has a training certificate
and is supervised by a person with a medical gas piping
installer endorsement. No contractor may employ a person to
engage in or offer to engage in medical gas piping installation
unless the person employed has a certificate of competency
as a journeyman plumber and a medical gas piping installer
endorsement.
(3) No contractor may advertise, offer to do work, submit a bid, or perform any work under this chapter without
being registered as a contractor under chapter 18.27 RCW.
(4) Violation of this section is an infraction. Each day in
which a person engages in the trade of plumbing in violation
of this section or employs a person in violation of this section
is a separate infraction. Each worksite at which a person
engages in the trade of plumbing in violation of this section
or at which a person is employed in violation of this section
is a separate infraction.
(5) Notices of infractions for violations of this section
may be issued to:
(a) The person engaging in or offering to engage in the
trade of plumbing in violation of this section;
(b) The contractor in violation of this section; and
(c) The contractor's employee who authorized the work
assignment of the person employed in violation of this section. [2002 c 82 § 2; 1997 c 326 § 3; 1994 c 174 § 2; 1983 c
124 § 4; 1977 ex.s. c 149 § 2; 1975 1st ex.s. c 71 § 2; 1973 1st
ex.s. c 175 § 2.]
Effective date—1997 c 326: See note following RCW 18.106.010.
Effective date—1994 c 174: "This act shall take effect July 1, 1994."
[1994 c 174 § 10.]
Effective date—1983 c 124: "Sections 4 through 16 of this act shall
take effect on January 1, 1984." [1983 c 124 § 21.]
18.106.030
18.106.030 Application for certificate of competency—Medical gas piping installer endorsement—Evidence required. Any person desiring to be issued a certificate of competency as provided in this chapter shall deliver
evidence in a form prescribed by the department affirming
that said person has had sufficient experience in as well as
demonstrated general competency in the trade of plumbing or
specialty plumbing so as to qualify him to make an application for a certificate of competency as a journeyman plumber
or specialty plumber. Completion of a course of study in the
(2004 Ed.)
Plumbers
plumbing trade in the armed services of the United States or
at a school accredited by the work force training and education coordinating board shall constitute sufficient evidence of
experience and competency to enable such person to make
application for a certificate of competency.
Any person desiring to be issued a medical gas piping
installer endorsement shall deliver evidence in a form prescribed by the department affirming that the person has met
the requirements established by the department for a medical
gas piping installer endorsement.
In addition to supplying the evidence as prescribed in
this section, each applicant for a certificate of competency
shall submit an application for such certificate on such form
and in such manner as shall be prescribed by the director of
the department. [1997 c 326 § 4; 1977 ex.s. c 149 § 3; 1973
1st ex.s. c 175 § 3.]
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.040
18.106.040 Examinations—Eligibility requirements—Determination. (1) Upon receipt of the application
and evidence set forth in RCW 18.106.030, the director shall
review the same and make a determination as to whether the
applicant is eligible to take an examination for the certificate
of competency. To be eligible to take the examination:
(a) Each applicant for a journeyman plumber's certificate
of competency shall furnish written evidence that he or she
has completed a course of study in the plumbing trade in the
armed services of the United States or at a school licensed by
the work force training and education coordinating board, or
has had four or more years of experience under the direct
supervision of a licensed journeyman plumber.
(b) Each applicant for a specialty plumber's certificate of
competency under *RCW 18.106.010(8)(a) shall furnish
written evidence that he or she has completed a course of
study in the plumbing trade in the armed services of the
United States or at a school licensed by the work force training and education coordinating board under chapter 28C.10
RCW, or that he or she has had at least three years practical
experience in the specialty.
(c) Each applicant for a specialty plumber's certificate of
competency under *RCW 18.106.010(8)(b) shall furnish
written evidence that he or she is eligible to take the examination. These eligibility requirements shall be adopted by rule
by the director pursuant to subsection (2)(b) of this section.
(2)(a) The director shall establish reasonable rules for the
examinations to be given applicants for certificates of competency. In establishing the rules, the director shall consult with
the state advisory board of plumbers as established in RCW
18.106.110.
(b) The director shall establish reasonable criteria by rule
for determining an applicant's eligibility to take an examination for the certificate of competency for specialty plumbers
under subsection (1)(c) of this section. In establishing the criteria, the director shall consult with the state advisory board
of plumbers as established in RCW 18.106.110. These rules
must take effect by July 1, 2002.
(3) Upon determination that the applicant is eligible to
take the examination, the director shall so notify the applicant, indicating the time and place for taking the same.
(2004 Ed.)
18.106.070
(4) No other requirement for eligibility may be imposed.
[2001 c 281 § 2; 1977 ex.s. c 149 § 4; 1975 1st ex.s. c 71 § 3;
1973 1st ex.s. c 175 § 4.]
*Reviser's note: RCW 18.106.010 was amended by 2002 c 82 § 1,
changing subsection (8) to subsection (9). RCW 18.106.010 was subsequently amended by 2003 c 399 § 102, changing subsection (9) to subsection
(10).
18.106.050
18.106.050 Examinations—Scope—Results—Retaking. (1) The department, with the advice of the advisory
board, shall prepare a written examination to be administered
to applicants for certificates of competency for journeyman
plumber and specialty plumber. The examination shall be
constructed to determine:
(a) Whether the applicant possesses varied general
knowledge of the technical information and practical procedures that are identified with the trade of journeyman
plumber or specialty plumber; and
(b) Whether the applicant is familiar with the applicable
plumbing codes and the administrative rules of the department pertaining to plumbing and plumbers.
The department shall administer the examination to eligible persons. All applicants shall, before taking the examination, pay to the department a fee.
(2) For purposes of the medical gas piping installer
endorsement, the department may enter into a contract with a
nationally recognized testing agency to develop, administer,
and score medical gas piping installer examinations. All
applicants shall, before taking an examination for a medical
gas piping installer endorsement, pay the required examination fee. The department shall set the examination fee by contract with a nationally recognized testing agency. The fee
shall cover but not exceed the costs of preparing and administering the examination and the materials necessary to conduct the practical elements of the examination. The department shall approve training courses and set the fees for training courses for the medical gas piping installer endorsement.
The department shall certify the results of the examination, and shall notify the applicant in writing whether he or
she has passed or failed. Any applicant who has failed the
examination may retake the examination, upon the terms and
after a period of time that the director shall set by rule. The
director may not limit the number of times that a person may
take the examination. [1997 c 326 § 5; 1983 c 124 § 2; 1977
ex.s. c 149 § 5; 1973 1st ex.s. c 175 § 5.]
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.070
18.106.070 Certificates of competency, installer
endorsement—Issuance—Renewal—Rights of holder—
Training certificates—Supervision—Training, certified
plumber. (1) The department shall issue a certificate of
competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate
shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance.
The certificate shall be renewable every other year, upon
application, on or before the birthdate of the holder. The
department shall renew a certificate of competency if the
applicant: (a) Pays the renewal fee assessed by the department; and (b) during the past two years has completed sixteen
hours of continuing education approved by the department
[Title 18 RCW—page 257]
18.106.075
Title 18 RCW: Businesses and Professions
with the advice of the advisory board, including four hours
related to electrical safety. If a person fails to renew the certificate by the renewal date, he or she must pay a doubled fee.
If the person does not renew the certificate within ninety days
of the renewal date, he or she must retake the examination
and pay the examination fee.
The journeyman plumber and specialty plumber certificates of competency, the medical gas piping installer
endorsement, and the temporary permit provided for in this
chapter grant the holder the right to engage in the work of
plumbing as a journeyman plumber, specialty plumber, or
medical gas piping installer, in accordance with their provisions throughout the state and within any of its political subdivisions on any job or any employment without additional
proof of competency or any other license or permit or fee to
engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.
(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the plumbing
construction trade or who is learning the plumbing construction trade may work in the plumbing construction trade if
supervised by a certified journeyman plumber or a certified
specialty plumber in that plumber's specialty. All apprentices
and individuals learning the plumbing construction trade
shall obtain a plumbing training certificate from the department. The certificate shall authorize the holder to learn the
plumbing construction trade while under the direct supervision of a journeyman plumber or a specialty plumber working in his or her specialty. The holder of the plumbing training certificate shall renew the certificate annually. At the
time of renewal, the holder shall provide the department with
an accurate list of the holder's employers in the plumbing
construction industry for the previous year and the number of
hours worked for each employer. An annual fee shall be
charged for the issuance or renewal of the certificate. The
department shall set the fee by rule. The fee shall cover but
not exceed the cost of administering and enforcing the trainee
certification and supervision requirements of this chapter.
Apprentices and individuals learning the plumbing construction trade shall have their plumbing training certificates in
their possession at all times that they are performing plumbing work. They shall show their certificates to an authorized
representative of the department at the representative's
request.
(3) Any person who has been issued a plumbing training
certificate under this chapter may work if that person is under
supervision. Supervision shall consist of a person being on
the same job site and under the control of either a journeyman
plumber or an appropriate specialty plumber who has an
applicable certificate of competency issued under this chapter. Either a journeyman plumber or an appropriate specialty
plumber shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter. The ratio
of noncertified individuals to certified journeymen or specialty plumbers working on a job site shall be: (a) Not more
than two noncertified plumbers working on any one job site
for every certified specialty plumber or journeyman plumber
working as a specialty plumber; and (b) not more than one
noncertified plumber working on any one job site for every
[Title 18 RCW—page 258]
certified journeyman plumber working as a journeyman
plumber.
An individual who has a current training certificate and
who has successfully completed or is currently enrolled in an
approved apprenticeship program or in a technical school
program in the plumbing construction trade in a school
approved by the work force training and education coordinating board, may work without direct on-site supervision during the last six months of meeting the practical experience
requirements of this chapter.
(4) An individual who has a current training certificate
and who has successfully completed or is currently enrolled
in a medical gas piping installer training course approved by
the department may work on medical gas piping systems if
the individual is under the direct supervision of a certified
medical gas piping installer who holds a medical gas piping
installer endorsement one hundred percent of a working day
on a one-to-one ratio.
(5) The training to become a certified plumber must
include not less than sixteen hours of classroom training
established by the director with the advice of the advisory
board. The classroom training must include, but not be limited to, electrical wiring safety, grounding, bonding, and
other related items plumbers need to know to work under
RCW 19.28.091.
(6) All persons who are certified plumbers before January 1, 2003, are deemed to have received the classroom training required in subsection (5) of this section. [2003 c 399 §
801; 1997 c 326 § 6; 1985 c 465 § 1; 1983 c 124 § 3; 1977
ex.s. c 149 § 7; 1973 1st ex.s. c 175 § 7.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.075
18.106.075 Medical gas piping installer endorsement.
The department shall adopt requirements that qualify a journeyman plumber to be issued a medical gas piping installer
endorsement. [1997 c 326 § 1.]
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.080
18.106.080 Persons engaged in plumbing business or
trade on effective date. No examination shall be required of
any applicant for a certificate of competency who, on July 16,
1973, was engaged in a bona fide business or trade of plumbing, or on said date held a valid journeyman plumber's license
issued by a political subdivision of the state of Washington
and whose license is valid at the time of making his application for said certificate. Applicants qualifying under this section shall be issued a certificate by the department upon making an application as provided in RCW 18.106.030 and paying the fee required under RCW 18.106.050: PROVIDED,
That no applicant under this section shall be required to furnish such evidence as required by RCW 18.106.030. [1973
1st ex.s. c 175 § 8.]
18.106.090
18.106.090 Temporary permits. The department is
authorized to grant and issue temporary permits in lieu of certificates of competency whenever a plumber coming into the
state of Washington from another state requests the department for a temporary permit to engage in the trade of plumb(2004 Ed.)
Plumbers
ing as a journeyman plumber or as a specialty plumber during
the period of time between filing of an application for a certificate as provided in RCW 18.106.030 as now or hereafter
amended and taking the examination provided for in RCW
18.106.050: PROVIDED, That no temporary permit shall be
issued to:
(1) Any person who has failed to pass the examination
for a certificate of competency;
(2) Any applicant under this section who has not furnished the department with such evidence required under
RCW 18.106.030;
(3) To any apprentice plumber. [1985 c 7 § 78; 1977
ex.s. c 149 § 8; 1973 1st ex.s. c 175 § 9.]
18.106.100
18.106.100 Revocation of certificate of competency—
Grounds—Procedure. (1) The department may revoke or
suspend a certificate of competency for any of the following
reasons:
(a) The certificate was obtained through error or fraud;
(b) The certificate holder is judged to be incompetent to
carry on the trade of plumbing as a journeyman plumber or
specialty plumber;
(c) The certificate holder has violated any provision of
this chapter or any rule adopted under this chapter.
(2) Before a certificate of competency is revoked or suspended, the department shall send written notice by registered mail with return receipt requested to the certificate
holder's last known address. The notice must list the allegations against the certificate holder and give him or her the
opportunity to request a hearing before the advisory board. At
the hearing, the department and the certificate holder have
opportunity to produce witnesses and give testimony. The
hearing must be conducted in accordance with chapter 34.05
RCW. The board shall render its decision based upon the testimony and evidence presented and shall notify the parties
immediately upon reaching its decision. A majority of the
board is necessary to render a decision.
(3) The department may deny renewal of a certificate of
competency issued under this chapter if the applicant owes
outstanding penalties for a final judgment under this chapter.
The department shall notify the applicant of the denial by registered mail, return receipt requested, to the address on the
application. The applicant may appeal the denial within
twenty days by filing a notice of appeal with the department
accompanied by a certified check for two hundred dollars
which shall be returned to the applicant if the decision of the
department is not upheld by the hearings officer. The office
of administrative hearings shall conduct the hearing under
chapter 34.05 RCW. If the hearings officer sustains the decision of the department, the two hundred dollars must be
applied to the cost of the hearing. [1996 c 147 § 3; 1977 ex.s.
c 149 § 9; 1973 1st ex.s. c 175 § 10.]
18.106.110
18.106.110 Advisory board of plumbers. (1) There is
created a state advisory board of plumbers, to be composed of
five members appointed by the governor. Two members shall
be journeyman plumbers, two members shall be persons conducting a plumbing business, and one member from the general public who is familiar with the business and trade of
plumbing.
(2004 Ed.)
18.106.140
(2) The term of one journeyman plumber expires July 1,
1995; the term of the second journeyman plumber expires
July 1, 2000; the term of one person conducting a plumbing
business expires July 1, 1996; the term of the second person
conducting a plumbing business expires July 1, 2000; and the
term of the public member expires July 1, 1997. Thereafter,
upon the expiration of said terms, the governor shall appoint
a new member to serve for a period of three years. However,
to ensure that the board can continue to act, a member whose
term expires shall continue to serve until his or her replacement is appointed. In the case of any vacancy on the board for
any reason, the governor shall appoint a new member to serve
out the term of the person whose position has become vacant.
(3) The advisory board shall carry out all the functions
and duties enumerated in this chapter, as well as generally
advise the department on all matters relative to this chapter.
(4) Each member of the advisory board shall receive
travel expenses in accordance with the provisions of RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended for each day in which such member is actually
engaged in attendance upon the meetings of the advisory
board. [1997 c 307 § 1; 1995 c 95 § 1; 1975-'76 2nd ex.s. c
34 § 56; 1973 1st ex.s. c 175 § 11.]
Effective date—1995 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 18, 1995]." [1995 c 95 § 2.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.106.125
18.106.125 Fees. The department shall charge fees for
issuance, renewal, and reinstatement of all certificates and
permits and for examinations required by this chapter. The
department shall set the fees by rule.
The fees shall cover the full cost of issuing the certificates and permits, devising and administering the examinations, and administering and enforcing this chapter. The costs
shall include travel, per diem, and administrative support
costs. [1983 c 124 § 17.]
18.106.130
18.106.130 Plumbing certificate fund. All moneys
received from certificates, permits, or other sources, shall be
paid to the state treasurer as ex officio custodian thereof and
by him placed in a special fund designated as the "plumbing
certificate fund". He shall pay out upon vouchers duly and
regularly issued therefor and approved by the director. The
treasurer shall keep an accurate record of payments into said
fund, and of all disbursement therefrom. Said fund shall be
charged with its pro rata share of the cost of administering
said fund. [1973 1st ex.s. c 175 § 13.]
18.106.140
18.106.140 Powers and duties of director. The director may promulgate rules, make specific decisions, orders,
and rulings, including therein demands and findings, and take
other necessary action for the implementation and enforcement of his duties under this chapter: PROVIDED, That in
the administration of this chapter the director shall not enter
any controversy arising over work assignments with respect
to the trades involved in the construction industry. [1973 1st
ex.s. c 175 § 14.]
[Title 18 RCW—page 259]
18.106.150
Title 18 RCW: Businesses and Professions
18.106.150
18.106.150 Exemptions. (1) Nothing in this chapter
shall be construed to require that a person obtain a license or
a certified plumber in order to do plumbing work at his or her
residence or farm or place of business or on other property
owned by him or her.
(2) A current certificate of competency or apprentice
permit is not required for:
(a) Persons performing plumbing work on a farm; or
(b) Certified journeyman electricians, certified residential specialty electricians, or electrical trainees working for an
electrical contractor and performing exempt work under
RCW 18.27.090(18).
(3) Nothing in this chapter shall be intended to derogate
from or dispense with the requirements of any valid plumbing code enacted by a political subdivision of the state, except
that no code shall require the holder of a certificate of competency to demonstrate any additional proof of competency or
obtain any other license or pay any fee in order to engage in
the trade of plumbing.
(4) This chapter shall not apply to common carriers subject to Part I of the Interstate Commerce Act, nor to their
officers and employees.
(5) Nothing in this chapter shall be construed to apply to
any farm, business, industrial plant, or corporation doing
plumbing work on premises it owns or operates.
(6) Nothing in this chapter shall be construed to restrict
the right of any householder to assist or receive assistance
from a friend, neighbor, relative or other person when none of
the individuals doing such plumbing hold themselves out as
engaged in the trade or business of plumbing. [2003 c 399 §
402; 1973 1st ex.s. c 175 § 15.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
18.106.155
18.106.155 Reciprocity. The director may, upon payment of the appropriate fees, grant a certificate of competency without examination to any applicant who is a registered journeyman plumber or specialty plumber in any other
state whose requirements for registration are at least substantially equivalent to the requirements of this state, and which
extends the same privileges of reciprocity to journeymen
plumbers or specialty plumbers registered in this state. [1977
ex.s. c 149 § 11.]
18.106.170
18.106.170 Violations—Investigations—Evidence of
compliance. An authorized representative of the department
may investigate alleged or apparent violations of this chapter.
An authorized representative of the department upon presentation of credentials may inspect sites at which a person is
doing plumbing work for the purpose of determining whether
that person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a
person who has such a certificate or permit. Upon request of
the authorized representative of the department, a person
doing plumbing work shall produce evidence that the person
has a certificate or permit issued by the department in accordance with this chapter or is supervised by a person who has
such a certificate or permit. [1983 c 124 § 6.]
Effective date—1983 c 124: See note following RCW 18.106.020.
[Title 18 RCW—page 260]
18.106.180
18.106.180 Notice of infraction—Issuance, service.
(1) An authorized representative of the department may issue
a notice of infraction as specified in RCW 18.106.020 if:
(a) A person who is doing plumbing work or who is
offering to do plumbing work fails to produce evidence of:
(i) Having a certificate or permit issued by the department in accordance with this chapter, or being supervised by
a person who has such a certificate or permit; and
(ii) Being registered as a contractor as required under
chapter 18.27 RCW or this chapter, or being employed by a
person who is registered as a contractor;
(b) A person who employs anyone, or offers or advertises to employ anyone, to do plumbing work fails to produce
evidence of being registered as a contractor as required under
chapter 18.27 RCW or this chapter; or
(c) A contractor violates RCW 18.106.320.
(2) A notice of infraction issued under this section shall
be personally served on the person named in the notice by an
authorized representative of the department or sent by certified mail to the last known address provided to the department of the person named in the notice. [2002 c 82 § 3; 2000
c 171 § 27; 1996 c 147 § 4; 1994 c 174 § 3; 1983 c 124 § 7.]
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.190
18.106.190 Notice—Contents. The form of the notice
of infraction issued under this chapter shall include the following:
(1) A statement that the notice represents a determination
that the infraction has been committed by the person named
in the notice and that the determination shall be final unless
contested as provided in this chapter;
(2) A statement that the infraction is a noncriminal
offense for which imprisonment shall not be imposed as a
sanction;
(3) A statement of the specific infraction for which the
notice was issued;
(4) A statement of the monetary penalty that has been
established for the infraction;
(5) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(6) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and
that the person may subpoena witnesses, including the authorized representative of the department who issued and served
the notice of infraction;
(7) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of
the ways provided in this chapter;
(8) A statement that refusal to sign the infraction as
directed in subsection (7) of this section is a misdemeanor;
and
(9) A statement that failure to respond to a notice of
infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail. [1994 c 174 § 4; 1983
c 124 § 9.]
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
(2004 Ed.)
Plumbers
18.106.200
18.106.200 Notice—Hearing—Contest—Notice of
appeal. A violation designated as an infraction under this
chapter shall be heard and determined by an administrative
law judge of the office of administrative hearings. If a party
desires to contest the notice of infraction, the party shall file
a notice of appeal with the department within twenty days of
issuance of the infraction. The administrative law judge shall
conduct hearings in these cases at locations in the county
where the infraction is alleged to have occurred. [1996 c 147
§ 5; 1994 c 174 § 5; 1983 c 124 § 8.]
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.210
18.106.210 Notice—Determination infraction committed. Unless contested in accordance with this chapter, the
notice of infraction represents a determination that the person
to whom the notice was issued committed the infraction.
[1983 c 124 § 10.]
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.220
18.106.220 Notice—Penalty payment—Filing answer
of protest—Failure to respond or appear. (1) A person
who receives a notice of infraction shall respond to the notice
as provided in this section within fourteen days of the date the
notice was served.
(2) If the person named in the notice of infraction does
not wish to contest the notice of infraction, the person shall
pay to the department, by check or money order, the amount
of the penalty prescribed for the infraction. When a response
which does not contest the determination is received by the
department with the appropriate payment, the department
shall make the appropriate entry in its records.
(3) If the person named in the notice of infraction wishes
to contest the notice of infraction, the person shall respond by
filing an answer of protest with the department specifying the
grounds of protest.
(4) If any person issued a notice of infraction:
(a) Fails to respond to the notice of infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) of this section;
the administrative law judge shall enter an appropriate order
assessing the monetary penalty prescribed for the infraction
and shall notify the department of the failure to respond to the
notice of infraction or to appear at a requested hearing. [1994
c 174 § 6; 1983 c 124 § 11.]
Effective date—1994 c 174: See note following RCW 18.106.020.
18.106.270
18.106.240
18.106.240 Representation by attorney—Department represented by attorney general. A person subject to
proceedings under this chapter may appear or be represented
by counsel. The department shall be represented by the attorney general in any proceeding under this chapter. [1983 c
124 § 12.]
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.250
18.106.250 Infraction—Cases—Administrative Procedure Act—Burden of proof—Order—Appeal. (1) The
administrative law judge shall conduct notice of infraction
cases under this chapter pursuant to chapter 34.05 RCW.
(2) The burden of proof is on the department to establish
the commission of the infraction by a preponderance of the
evidence. The notice of infraction shall be dismissed if the
defendant establishes that, at the time the notice was issued:
(a) The defendant who was issued a notice of infraction
authorized by RCW 18.106.020(5)(a) had a certificate or permit issued by the department in accordance with this chapter,
was supervised by a person who has such a certificate or permit, or was ex em pt fro m this ch ap ter un der RCW
18.106.150; or
(b) For the defendant who was issued a notice of infraction authorized by RCW 18.106.020(5) (b) or (c), the person
employed or supervised by the defendant has a certificate or
permit issued by the department in accordance with this
chapter, was supervised by a person who had such a certificate or permit, was exempt from this chapter under RCW
18.106.150, or was registered as a contractor under chapter
18.27 RCW.
(3) After consideration of the evidence and argument,
the administrative law judge shall determine whether the
infraction was committed. If it has not been established that
the infraction was committed, an order dismissing the notice
shall be entered in the record of the proceedings. If it has been
established that the infraction was committed, the administrative law judge shall issue findings of fact and conclusions of
law in its decision and order determining whether the infraction was committed.
(4) An appeal from the administrative law judge's determination or order shall be to the superior court. The decision
of the superior court is subject only to discretionary review
pursuant to Rule 2.3 of the Rules of Appellate Procedure.
[2002 c 82 § 4; 2000 c 171 § 28; 1994 c 174 § 7; 1983 c 124
§ 13.]
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.270
18.106.230
18.106.230 Notice—Failure to respond—Misdemeanor. It is a misdemeanor for any person who has been
personally served with a notice of infraction:
(1) To refuse to sign a written promise to respond to the
notice; or
(2) To wilfully violate the written promise to respond to
a notice of infraction as provided in this chapter, regardless of
the ultimate disposition of the infraction. [1983 c 124 § 14.]
Effective date—1983 c 124: See note following RCW 18.106.020.
(2004 Ed.)
18.106.270 Infraction—Monetary penalties—Rules.
(1) A person found to have committed an infraction under
RCW 18.106.020 shall be assessed a monetary penalty of two
hundred fifty dollars for the first infraction, and not more
than one thousand dollars for a second or subsequent infraction. The department shall set by rule a schedule of penalties
for infractions imposed under this chapter.
(2) The administrative law judge may waive, reduce, or
suspend the monetary penalty imposed for the infraction for
good cause shown.
[Title 18 RCW—page 261]
18.106.280
Title 18 RCW: Businesses and Professions
(3) Monetary penalties collected under this chapter shall
be deposited in the plumbing certificate fund. [1994 c 174 §
8; 1983 c 124 § 16.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.310 Backflow assembly testers—Specialty
plumber's certificate of competency. (1) Those actively
certified by the department of health on or before July 1,
2001, as backflow assembly testers and registered as a contractor under chapter 18.27 RCW or employed by a registered
contractor, may perform maintenance and repair of backflow
prevention assemblies, without being a certified plumber
under this chapter, until January 1, 2003. For the purposes of
this section, "maintenance and repair" include cleaning and
replacing internal parts of an assembly, but do not include
installing or replacing backflow prevention assemblies.
(2) After January 1, 2003, backflow assembly testers
exempted under subsection (1) of this section are required to
meet the eligibility requirements for a specialty plumber's
certificate of competency under RCW 18.106.040(1)(c).
[2001 c 281 § 3.]
18.106.310
18.106.280
18.106.280 Pilot project—Enforcement of chapter—
Reimbursement fee. The department of labor and industries
may establish one pilot project in which the department will
enter into an agreement with a city and the county within
which the city is located regarding compliance inspections by
the city or county to enforce this chapter. Under the terms of
the agreement, the city and county shall be permitted to submit declarations of noncompliance to the department for the
department's enforcement under RCW 18.106.180, with
reimbursement to the city or county at an established fee. The
pilot project shall be located in eastern Washington. [1995 c
294 § 1; 1994 c 174 § 1.]
Effective date—1994 c 174: See note following RCW 18.106.020.
18.106.290
18.106.290 Certificate or permit suspension—Nonpayment or default on educational loan or scholarship.
The director shall suspend the certificate or permit of any person who has been certified by a lending agency and reported
to the director for nonpayment or default on a federally or
state-guaranteed educational loan or service-conditional
scholarship. Prior to the suspension, the agency must provide
the person an opportunity for a brief adjudicative proceeding
under RCW 34.05.485 through 34.05.494 and issue a finding
of nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. The person's certificate or permit shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the
loan in accordance with a repayment agreement approved by
the lending agency. If the person has continued to meet all
other requirements for certification or permits during the suspension, reinstatement shall be automatic upon receipt of the
notice and payment of any reinstatement fee the director may
impose. [1996 c 293 § 17.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.106.300
18.106.300 Certificate suspension—Noncompliance
with support order—Reissuance. The department shall
immediately suspend any certificate of competency issued
under this chapter if the holder of the certificate has been certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation order.
If the person has continued to meet all other requirements for
certification during the suspension, reissuance of the certificate of competency shall be automatic upon the department's
receipt of a release issued by the department of social and
health services stating that the person is in compliance with
the order. [1997 c 58 § 829.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
[Title 18 RCW—page 262]
18.106.320 Contractor's duties—Records audit—
Department's rule-making authority—Penalty. (1) Contractors shall accurately verify and attest to the trainee hours
worked by plumbing trainees on behalf of the contractor and
that all training hours were under the supervision of a certified plumber and within the proper ratio, and shall provide
the supervising plumbers' names and certificate numbers.
However, contractors are not required to identify which hours
a trainee works with a specific certified plumber.
(2) The department may audit the records of a contractor
that has verified the hours of experience submitted by a
plumbing trainee to the department under RCW 18.106.030
in the following circumstances: Excessive hours were
reported; hours were reported outside the normal course of
the contractor's business; or for other similar circumstances
in which the department demonstrates a likelihood of excessive or improper hours being reported. The department shall
limit the audit to records necessary to verify hours. The
department shall adopt rules implementing audit procedures.
Information obtained from a contractor under the provisions
of this section is confidential and is not open to public inspection under chapter 42.17 RCW.
(3) Violation of this section by a contractor is an infraction. [2002 c 82 § 5.]
18.106.320
Chapter 18.108
Chapter 18.108 RCW
MASSAGE PRACTITIONERS
Sections
18.108.005
18.108.010
18.108.020
18.108.025
18.108.030
18.108.040
18.108.050
18.108.060
18.108.070
18.108.073
Intent—Health care insurance not affected.
Definitions.
Board of massage—Generally.
Board powers and duties.
License required.
Advertising massage by unlicensed person unlawful.
Exemptions.
Applicant—License holder—Compliance with procedures,
requirements, fees.
Qualifications for license.
Examination.
(2004 Ed.)
Massage Practitioners
18.108.076
18.108.085
18.108.095
18.108.100
18.108.115
18.108.130
18.108.190
18.108.210
18.108.220
18.108.230
18.108.240
18.108.900
18.108.901
18.108.902
Application of uniform disciplinary act.
Powers and duties of secretary—Uniform Disciplinary Act—
License revocation—Reinstatement.
Out-of-state applicants.
Provisions relating to licensing of persons nonexclusive.
Persons licensed under prior law.
Exemptions.
Inspection of premises by law enforcement personnel.
Provisions relating to licensing of massage businesses nonexclusive—Authority of local political subdivisions.
Federal classification.
Animal massage practitioner—Endorsement—Training
requirements—Rules.
Chapter 277, Laws of 2002—Review/regulatory changes.
Severability—1975 1st ex.s. c 280.
Severability—1987 c 443.
Savings—1987 c 443.
Authority to regulate massage practitioners—Limitations: RCW 35.21.692,
35A.82.025, and 36.32.122.
18.108.005 Intent—Health care insurance not
affected. The legislature finds it necessary to license the
practice of massage and massage therapy in order to protect
the public health and safety. It is the legislature's intent that
only individuals who meet and maintain minimum standards
of competence and conduct may provide services to the public. This chapter shall not be construed to require or prohibit
individual or group policies or contracts of an insurance carrier, health care service contractor, or health maintenance
organization from providing benefits or coverage for services
and supplies provided by a person licensed under this chapter. [1997 c 297 § 1; 1987 c 443 § 1.]
18.108.005
18.108.010 Definitions. In this chapter, unless the context otherwise requires, the following meanings shall apply:
(1) "Board" means the Washington state board of massage.
(2) "Massage" and "massage therapy" mean a health care
service involving the external manipulation or pressure of
soft tissue for therapeutic purposes. Massage therapy
includes techniques such as tapping, compressions, friction,
Swedish gymnastics or movements, gliding, kneading, shaking, and fascial or connective tissue stretching, with or without the aids of superficial heat, cold, water, lubricants, or
salts. Massage therapy does not include diagnosis or attempts
to adjust or manipulate any articulations of the body or spine
or mobilization of these articulations by the use of a thrusting
force, nor does it include genital manipulation.
(3) "Massage practitioner" means an individual licensed
under this chapter.
(4) "Secretary" means the secretary of health or the secretary's designee.
(5) "Massage business" means the operation of a business where massages are given.
(6) "Animal massage practitioner" means an individual
with a license to practice massage therapy in this state with
additional training in animal therapy. [2002 c 277 § 1; 2001
c 297 § 2; 1997 c 297 § 2; 1991 c 3 § 252; 1987 c 443 § 2;
1979 c 158 § 74; 1975 1st ex.s. c 280 § 1.]
18.108.010
Findings—Intent—2001 c 297: "The legislature finds that massage
therapists have contributed significantly to the welfare of humans. The legislature also finds that massage therapists can have a significant positive
impact on the well-being of animals, especially in the equine industry.
It is the legislature's intent to have the Washington state board of massage adopt rules under their current authority providing for an endorsement
for currently licensed massage practitioners to perform animal massage upon
completion of certain training courses." [2001 c 297 § 1.]
(2004 Ed.)
18.108.025
18.108.020
18.108.020 Board of massage—Generally. The
Washington state board of massage is hereby created. The
board shall consist of four members who shall be appointed
by the governor for a term of four years each. Members shall
be residents of this state and shall have not less than three
years experience in the practice of massage immediately preceding their appointment and shall be licensed under this
chapter and actively engaged in the practice of massage during their incumbency.
In addition to the members specified in this section, the
governor shall appoint a consumer member of the board, who
shall serve for a term of four years. The consumer member of
the board shall be an individual who does not derive his or her
livelihood by providing health care services or massage therapy and is not a licensed health professional. The consumer
member shall not be an employee of the state nor a present or
former member of another licensing board.
In the event that a member cannot complete his or her
term of office, another appointment shall be made by the governor in accordance with the procedures stated in this section
to fill the remainder of the term. No member may serve more
than two successive terms whether full or partial. The governor may remove any member of the board for neglect of duty,
incompetence, or unprofessional or disorderly conduct as
determined under chapter 18.130 RCW.
Each member of the board shall be compensated in
accordance with RCW 43.03.240. Members shall be reimbursed for travel expenses incurred in the actual performance
of their duties, as provided in RCW 43.03.050 and 43.03.060.
The board may annually elect a chairperson to direct the
meetings of the board. The board shall meet as called by the
chairperson or the secretary. Three members of the board
shall constitute a quorum of the board. [1991 c 3 § 253; 1987
c 443 § 9. Prior: 1984 c 287 § 53; 1984 c 279 § 56; 1975-'76
2nd ex.s. c 34 § 57; 1975 1st ex.s. c 280 § 2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1984 c 279: See RCW 18.130.901.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
18.108.025
18.108.025 Board powers and duties. In addition to
any other authority provided by law, the board may:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement this chapter, subject to the approval
of the secretary;
(2) Define, evaluate, approve, and designate those
schools, programs, and apprenticeship programs including all
current and proposed curriculum, faculty, and health, sanitation, and facility standards from which graduation will be
accepted as proof of an applicant's eligibility to take the
licensing examination;
(3) Review approved schools and programs periodically;
(4) Prepare, grade, administer, and supervise the grading
and administration of, examinations for applicants for licensure; and
(5) Determine which states have educational and licensing requirements equivalent to those of this state.
The board shall establish by rule the standards and procedures for approving courses of study and may contract with
individuals or organizations having expertise in the profes[Title 18 RCW—page 263]
18.108.030
Title 18 RCW: Businesses and Professions
sion or in education to assist in evaluating courses of study.
The standards and procedures set shall apply equally to
schools and training within the United States of America and
those in foreign jurisdictions. [1991 c 3 § 254; 1987 c 443 §
10.]
18.108.030
18.108.030 License required. (1) No person may practice or represent himself or herself as a massage practitioner
without first applying for and receiving from the department
a license to practice.
(2) A person represents himself or herself as a massage
practitioner when the person adopts or uses any title or any
description of services that incorporates one or more of the
following terms or designations: Massage, massage practitioner, massage therapist, massage therapy, therapeutic massage, massage technician, massage technology, massagist,
masseur, masseuse, myotherapist or myotherapy, touch therapist, reflexologist, acupressurist, body therapy or body therapist, or any derivation of those terms that implies a massage
technique or method. [1995 c 198 § 15; 1987 c 443 § 3; 1975
1st ex.s. c 280 § 3.]
18.108.040
18.108.040 Advertising massage by unlicensed person unlawful. It shall be unlawful to advertise the practice of
massage using the term massage or any other term that
implies a massage technique or method in any public or private publication or communication by a person not licensed
by the secretary as a massage practitioner or without printing
in display advertisement the license number of the massage
practitioner. Any person who holds a license to practice as a
massage practitioner in this state may use the title "licensed
massage practitioner" and the abbreviation "L.M.P.". No
other persons may assume such title or use such abbreviation
or any other word, letters, signs, or figures to indicate that the
person using the title is a licensed massage practitioner.
[1995 c 353 § 1; 1991 c 3 § 255; 1987 c 443 § 4; 1975 1st
ex.s. c 280 § 4.]
18.108.050
18.108.050 Exemptions. This chapter does not apply
to:
(1) An individual giving massage to members of his or
her immediate family;
(2) The practice of a profession by individuals who are
licensed, certified, or registered under other laws of this state
and who are performing services within their authorized
scope of practice;
(3) Massage practiced at the athletic department of any
institution maintained by the public funds of the state, or any
of its political subdivisions;
(4) Massage practiced at the athletic department of any
school or college approved by the department by rule using
recognized national professional standards;
(5) Students enrolled in an approved massage school,
approved program, or approved apprenticeship program,
practicing massage techniques, incidental to the massage
school or program and supervised by the approved school or
program. Students must identify themselves as a student
when performing massage services on members of the public.
Students may not be compensated for the massage services
they provide;
[Title 18 RCW—page 264]
(6) Individuals who have completed a somatic education
training program approved by the secretary;
(7) Persons who limit their practice to reflexology. For
purposes of this chapter, the practice of reflexology is limited
to the hands, feet, and outer ears. The services provided by
those who limit their practice to reflexology are not designated or implied to be massage or massage therapy. [2002 c
277 § 2; 1997 c 297 § 3; 1995 c 198 § 16; 1987 c 443 § 5;
1975 1st ex.s. c 280 § 5.]
Exemptions: RCW 18.108.130.
18.108.060
18.108.060 Applicant—License holder—Compliance
with procedures, requirements, fees. Each applicant and
license holder shall comply with administrative procedures,
administrative requirements, and fees set by the secretary
under RCW 43.70.250 and 43.70.280. [1996 c 191 § 81;
1991 c 3 § 256; 1987 c 443 § 6; 1985 c 7 § 79; 1975 1st ex.s.
c 280 § 6.]
18.108.070
18.108.070 Qualifications for license. The secretary
shall issue a massage practitioner's license to an applicant
who demonstrates to the secretary's satisfaction that the following requirements have been met:
(1) Effective June 1, 1988, successful completion of a
course of study in an approved massage program or approved
apprenticeship program;
(2) Successful completion of an examination administered or approved by the board; and
(3) Be eighteen years of age or older.
In addition, applicants shall be subject to the grounds for
denial or issuance of a conditional license under chapter
18.130 RCW.
The secretary may require any information and documentation that reasonably relates to the need to determine
whether the applicant meets the criteria for licensure provided for in this chapter and chapter 18.130 RCW. The secretary shall establish by rule what constitutes adequate proof of
meeting the criteria. The board shall give an appropriate
alternate form of examination for persons who cannot read or
speak English to determine equivalent competency. [1991 c
3 § 257; 1987 c 443 § 7; 1975 1st ex.s. c 280 § 7.]
18.108.073
18.108.073 Examination. (1) The date and location of
the examination shall be established by the secretary. Applicants who demonstrate to the secretary's satisfaction that the
following requirements have been met shall be scheduled for
the next examination following the filing of the application:
(a) Effective June 1, 1988, successful completion of a
course of study in an approved massage program; or
(b) Effective June 1, 1988, successful completion of an
apprenticeship program established by the board; and
(c) Be eighteen years of age or older.
In addition, the secretary shall establish a deadline for
receipt of completed and approved applications.
(2) The board or its designee shall examine each applicant in a written examination determined most effective on
subjects appropriate to the massage scope of practice. The
subjects may include anatomy, kinesiology, physiology,
pathology, principles of human behavior, massage theory and
practice, hydrotherapy, hygiene, first aid, Washington law
(2004 Ed.)
Massage Practitioners
pertaining to the practice of massage, and such other subjects
as the board may deem useful to test applicant's fitness to
practice massage therapy. Such examinations shall be limited
in purpose to determining whether the applicant possesses the
minimum skill and knowledge necessary to practice competently.
(3) All records of a candidate's performance shall be preserved for a period of not less than one year after the board
has made and published decisions thereupon. All examinations shall be conducted by the board under fair and impartial
methods as determined by the secretary.
(4) An applicant who fails to make the required grade in
the first examination is entitled to take up to two additional
examinations upon the payment of a fee for each subsequent
examination determined by the secretary as provided in RCW
43.70.250. Upon failure of three examinations, the secretary
may invalidate the original application and require such
remedial education as is required by the board before admission to future examinations.
(5) The board may approve an examination prepared or
administered, or both, by a private testing agency or association of licensing boards for use by an applicant in meeting the
licensing requirement. [1995 c 198 § 17; 1991 c 3 § 258;
1987 c 443 § 8.]
18.108.130
and the secretary has no discretion with regard to the revocation of the license. The revocation shall be effective even
though such conviction may be under appeal, or the time
period for such appeal has not elapsed. However, upon presentation of a final appellate decision overturning such conviction, the license shall be reinstated, unless grounds for disciplinary action have been found under chapter 18.130 RCW.
No license may be granted under this chapter to any person
who has been convicted of violating RCW 9A.88.030,
9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances within the eight years immediately preceding the date
of application. For purposes of this subsection, "convicted"
does not include a conviction that has been the subject of a
pardon, annulment, or other equivalent procedure based on a
finding of innocence, but does include convictions for
offenses for which the defendant received a deferred or suspended sentence, unless the record has been expunged
according to law.
(4) The secretary shall keep an official record of all proceedings under this chapter, a part of which record shall consist of a register of all applicants for licensure under this
chapter, with the result of each application. [1996 c 154 § 1;
1995 c 353 § 2; 1991 c 3 § 259; 1987 c 443 § 11.]
18.108.095
18.108.076
18.108.076 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150 §
60; 1986 c 259 § 146.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.108.085
18.108.085 Powers and duties of secretary—Uniform
Disciplinary Act—License revocation—Reinstatement.
(1) In addition to any other authority provided by law, the
secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW
necessary to implement this chapter;
(b) Set all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Issue a license to any applicant who has met the education, training, and examination requirements for licensure;
and
(e) Hire clerical, administrative, and investigative staff
as necessary to implement this chapter, and hire individuals
licensed under this chapter to serve as examiners for any
practical examinations.
(2) The Uniform Disciplinary Act, chapter 18.130 RCW,
governs the issuance and denial of licenses and the disciplining of persons under this chapter. The secretary shall be the
disciplining authority under this chapter.
(3) Any license issued under this chapter to a person who
is or has been convicted of violating RCW 9A.88.030,
9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local ordinances shall automatically be revoked by the secretary upon
receipt of a certified copy of the court documents reflecting
such conviction. No further hearing or procedure is required,
(2004 Ed.)
18.108.095 Out-of-state applicants. An applicant
holding a license in another state or foreign jurisdiction may
be granted a Washington license without examination, if, in
the opinion of the board, the other state's or foreign jurisdiction's examination and educational requirements are substantially equivalent to Washington's: PROVIDED, That the
applicant demonstrates to the satisfaction of the board a
working knowledge of Washington law pertaining to the
practice of massage. The applicant shall provide proof in a
manner approved by the department that the examination and
requirements are equivalent to Washington's. [1987 c 443 §
12.]
Effective date—1987 c 443 § 12: "Section 12 of this act shall take
effect June 1, 1988." [1987 c 443 § 19.]
18.108.100
18.108.100 Provisions relating to licensing of persons
nonexclusive. The provisions of this chapter relating to the
licensing of any person shall not be exclusive, and any political subdivision of the state of Washington within whose
jurisdiction the practice of massage is performed may require
additional registrations or licenses, regulating the practice of
massage or massage operators, and charge any fee for the
same or similar purpose. [1975 1st ex.s. c 280 § 11.]
18.108.115
18.108.115 Persons licensed under prior law. Any
person holding a valid license to practice massage issued by
authority of the state on July 26, 1987, shall continue to be
licensed as a massage practitioner under the provisions of this
chapter. [1987 c 443 § 13.]
18.108.130
18.108.130 Exemptions. This chapter does not apply
to:
(1) Massage practiced at the athletic department of any
institution maintained by the public funds of the state, or any
of its political subdivisions;
[Title 18 RCW—page 265]
18.108.190
Title 18 RCW: Businesses and Professions
(2) Massage practiced at the athletic department of any
primary or secondary school, or institution of higher education; and
(3) Massage practiced at the athletic department of any
nonprofit organization licensed under RCW 66.24.400 and
66.24.450. [1975 1st ex.s. c 280 § 14.]
Exemptions: RCW 18.108.050.
18.108.190
18.108.190 Inspection of premises by law enforcement personnel. State and local law enforcement personnel
shall have the authority to inspect the premises at any time
including business hours. [1975 1st ex.s. c 280 § 20.]
18.108.210
18.108.210 Provisions relating to licensing of massage businesses nonexclusive—Authority of local political
subdivisions. The provisions of this chapter relating to the
registration and licensing of any massage business shall not
be exclusive and any political subdivision of the state of
Washington within whose jurisdiction the massage business
is located may require any registrations or licenses, or charge
any fee for the same or similar purpose; and nothing herein
shall limit or abridge the authority of any political subdivision to levy and collect a general and nondiscriminatory
license fee levied upon all businesses, or to levy a tax based
upon gross business conducted by any firm within said political subdivision. [1975 1st ex.s. c 280 § 22.]
18.108.220
18.108.220 Federal classification. For the purposes of
this chapter, licensed massage practitioners shall be classified
as "offices and clinics of health practitioners, not elsewhere
classified" under section 8049 of the standard industrial classification manual published by the executive office of the
president, office of management and budget. [1994 c 228 §
1.]
Effective date—1994 c 228: "This act shall take effect July 1, 1994."
[1994 c 228 § 3.]
18.108.230
18.108.230 Animal massage practitioner—Endorsement—Training requirements—Rules. (1) A massage
practitioner licensed under this chapter may apply for an
endorsement as a small or large animal massage practitioner
upon completion of one hundred hours of training in either
large or small animal massage. Training must include animal
massage techniques, kinesiology, anatomy, physiology, first
aid care, and proper handling techniques.
(2) An applicant who applies for an endorsement within
the first year following July 22, 2001, may submit documentation of a minimum of fifty hours of training with up to fifty
hours of practical experience or continuing education, or a
combination thereof, to fulfill the requirements of this section.
(3) Massage therapy of animals does not include diagnosis, prognosis, or all treatment of diseases, deformities,
defects, wounds, or injuries of animals. For the purposes of
this section, massage for therapeutic purposes may be performed solely for purposes of patient well-being.
(4) A person licensed and endorsed under this section
may hold themselves out as an animal massage practitioner.
(5) The board may adopt rules to implement this section
upon consultation with the Washington state veterinary board
[Title 18 RCW—page 266]
of governors and licensed massage practitioners with training
in animal massage. [2001 c 297 § 3.]
Findings—Intent—2001 c 297: See note following RCW 18.108.010.
18.108.240
18.108.240 Chapter 277, Laws of 2002—Review/regulatory changes. The department of health shall review the
implementation of chapter 277, Laws of 2002 and make recommendations to the legislature by December 1, 2005,
regarding regulatory changes to chapter 277, Laws of 2002.
[2002 c 277 § 3.]
18.108.900
18.108.900 Severability—1975 1st ex.s. c 280. If any
provision of this 1975 act is declared unconstitutional or the
applicability thereof to any person or circumstance is held
invalid, the constitutionality of the remainder of this 1975 act
and the applicability thereof to other persons and circumstances shall not be affected thereby. [1975 1st ex.s. c 280 §
23.]
18.108.901
18.108.901 Severability—1987 c 443. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 443 § 18.]
18.108.902
18.108.902 Savings—1987 c 443. This chapter shall
not be construed as affecting any existing right acquired or
liability or obligations incurred under the sections amended
or repealed in this chapter or under any rule, regulation, or
order adopted under those sections, nor as affecting any proceeding instituted under those sections. [1987 c 443 § 14.]
Chapter 18.110
Chapter 18.110 RCW
ART DEALERS—ARTISTS
Sections
18.110.010
18.110.020
18.110.030
18.110.040
18.110.900
18.110.905
Definitions.
Rights—Duties—Liabilities.
Contract required—Provisions.
Violations—Penalties—Attorney fees.
Application of chapter.
Construction—Chapter supersedes Title 62A RCW.
18.110.010
18.110.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Art dealer" means a person, partnership, firm, association, or corporation, other than a public auctioneer, which
undertakes to sell a work of fine art created by another.
(2) "Artist" means the creator of a work of fine art.
(3) "On consignment" means delivered to an art dealer
for the purpose of sale or exhibition, or both, to the public by
the art dealer other than at a public auction.
(4) "Work of fine art" means an original art work which
is:
(a) A visual rendition including a painting, drawing,
sculpture, mosaic, or photograph;
(b) A work of calligraphy;
(c) A work of graphic art including an etching, lithograph, offset print, or silk screen;
(2004 Ed.)
Regulation of Business Professions
(d) A craft work in materials including clay, textile,
fiber, wood, metal, plastic, or glass; or
(e) A work in mixed media including a collage or a work
consisting of any combination of works included in this subsection. [1981 c 33 § 1.]
18.110.020
18.110.020 Rights—Duties—Liabilities. If an art
dealer accepts a work of fine art on a fee, commission, or
other compensation basis, on consignment from the artist:
(1) The art dealer is, with respect to that work of fine art,
the agent of the artist.
(2) The work of fine art is trust property and the art
dealer is trustee for the benefit of the artist until the work of
fine art is sold to a bona fide third party.
(3) The proceeds of the sale of the work of fine art are
trust property and the art dealer is trustee for the benefit of the
artist until the amount due the artist from the sale is paid.
These trust funds shall be paid to the artist within thirty days
of receipt by the art dealer unless the parties expressly agree
otherwise in writing. If the sale of the work of fine art is on
installment, the funds from the installment shall first be
applied to pay any balance due the artist on the sale, unless
the artist expressly agrees in writing that the proceeds on each
installment shall be paid according to a percentage established by the consignment agreement.
(4) The art dealer is strictly liable for the loss of or damage to the work of fine art while it is in the art dealer's possession. For the purpose of this subsection the value of the work
of fine art is the value established in a written agreement
between the artist and art dealer prior to the loss or damage
or, if no written agreement regarding the value of the work of
fine art exists, the fair market value of the work of fine art.
A work of fine art which is trust property when initially
accepted by the art dealer remains trust property notwithstanding the subsequent purchase of the work of fine art by
the art dealer directly or indirectly for the art dealer's own
account until the purchase price is paid in full to the artist. No
property which is trust property under this section is subject
to the claims, liens, or security interests of the creditors of the
art dealer. [1981 c 33 § 2.]
18.110.030
18.110.030 Contract required—Provisions. (1) An
art dealer may accept a work of fine art on a fee, commission,
or other compensation basis, on consignment from the artist
only if prior to or at the time of acceptance the art dealer
enters into a written contract with the artist which states:
(a) The value of the work of fine art;
(b) The minimum price for the sale of the work of fine
art; and
(c) The fee, commission, or other compensation basis of
the art dealer.
(2) An art dealer who accepts a work of fine art on a fee,
commission, or other compensation basis, on consignment
from the artist may use or display the work of fine art or a
photograph of the work of fine art or permit the use or display
of the work or photograph only if:
(a) Notice is given to users or viewers that the work of
fine art is the work of the artist; and
(b) The artist gives prior written consent to the particular
use or display.
(2004 Ed.)
18.118.010
(3) Any portion of a contract which waives any provision
of this chapter is void. [1981 c 33 § 3.]
18.110.040
18.110.040 Violations—Penalties—Attorney fees.
An art dealer violating RCW 18.110.030 is liable to the artist
for fifty dollars plus actual damages, including incidental and
consequential damages, sustained as a result of the violation.
If an art dealer violates RCW 18.110.030, the artist's obligation for compensation to the art dealer is voidable. In an
action under this section the court may, in its discretion,
award the artist reasonable attorney's fees. [1981 c 33 § 4.]
18.110.900
18.110.900 Application of chapter. This chapter
applies to any work of fine art accepted on consignment on or
after July 26, 1981. If a work of fine art is accepted on consignment on or after July 26, 1981 under a contract made
before that date, this section applies only to the extent that it
does not conflict with the contract. [1981 c 33 § 5.]
18.110.905
18.110.905 Construction—Chapter supersedes Title
62A RCW. See RCW 62A.1-110.
Chapter 18.118 RCW
REGULATION OF BUSINESS PROFESSIONS
Chapter 18.118
Sections
18.118.005
18.118.010
18.118.020
18.118.030
18.118.040
18.118.900
Legislative findings—Intent.
Purpose—Intent.
Definitions.
Applicants for regulation—Information.
Applicants for regulation—Written report—Recommendation
of department of licensing.
Severability—1987 c 514.
18.118.005
18.118.005 Legislative findings—Intent. The legislature recognizes the value of an analytical review, removed
from the political process, of proposals for increased regulation of real estate and other business professions which the
legislature already regulates, as well as of proposals for regulation of professions not currently regulated. The legislature
further finds that policies and standards set out for regulation
of the health professions in chapter 18.120 RCW have equal
applicability to other professions. To further the goal of governmental regulation only as necessary to protect the public
interest and to promote economic development through
employment, the legislature expands the scope of chapter
18.120 RCW to apply to business professions. The legislature
intends that the reviews of proposed business profession regulation be conducted by the department of licensing's policy
and research rather than regulatory staff and that the reviews
be conducted and recommendations made in an impartial
manner. Further, the legislature intends that the department
of licensing provide sufficient staffing to conduct the
reviews. [1987 c 514 § 3.]
18.118.010
18.118.010 Purpose—Intent. (1) The purpose of this
chapter is to establish guidelines for the regulation of the real
estate profession and other business professions which may
seek legislation to substantially increase their scope of practice or the level of regulation of the profession, and for the
regulation of business professions not licensed or regulated
[Title 18 RCW—page 267]
18.118.020
Title 18 RCW: Businesses and Professions
on July 26, 1987: PROVIDED, That the provisions of this
chapter are not intended and shall not be construed to: (a)
Apply to any regulatory entity created prior to July 26, 1987,
except as provided in this chapter; (b) affect the powers and
responsibilities of the superintendent of public instruction or
state board of education under RCW 28A.305.130 and
28A.410.010; (c) apply to or interfere in any way with the
practice of religion or to any kind of treatment by prayer; (d)
apply to any remedial or technical amendments to any statutes which licensed or regulated activity before July 26,
1987; and (e) apply to proposals relating solely to continuing
education. The legislature believes that all individuals should
be permitted to enter into a business profession unless there is
an overwhelming need for the state to protect the interests of
the public by restricting entry into the profession. Where such
a need is identified, the regulation adopted by the state should
be set at the least restrictive level consistent with the public
interest to be protected.
(2) It is the intent of this chapter that no regulation shall
be imposed upon any business profession except for the
exclusive purpose of protecting the public interest. All bills
introduced in the legislature to regulate a business profession
for the first time should be reviewed according to the following criteria. A business profession should be regulated by the
state only when:
(a) Unregulated practice can clearly harm or endanger
the health, safety, or welfare of the public, and the potential
for the harm is easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to
benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other
means in a more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this
section and considering governmental and societal costs and
benefits, if the legislature finds that it is necessary to regulate
a business profession not previously regulated by law, the
least restrictive alternative method of regulation should be
implemented, consistent with the public interest and this section:
(a) Where existing common law and statutory civil
actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation should provide for stricter
civil actions and criminal prosecutions;
(b) Where a service is being performed for individuals
involving a hazard to the public health, safety, or welfare, the
regulation should impose inspection requirements and enable
an appropriate state agency to enforce violations by injunctive relief in court, including, but not limited to, regulation of
the business activity providing the service rather than the
employees of the business;
(c) Where the threat to the public health, safety, or economic well-being is relatively small as a result of the operation of the business profession, the regulation should implement a system of registration;
(d) Where the consumer may have a substantial basis for
relying on the services of a practitioner, the regulation should
implement a system of certification; or
(e) Where apparent that adequate regulation cannot be
achieved by means other than licensing, the regulation should
[Title 18 RCW—page 268]
implement a system of licensing. [1990 c 33 § 553; 1987 c
514 § 4.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
18.118.020
18.118.020 Definitions. The definitions contained in
this section shall apply throughout this chapter unless the
context clearly requires otherwise.
(1) "Applicant group" includes any business professional
group or organization, any individual, or any other interested
party which proposes that any business professional group
not presently regulated be regulated or which proposes legislation to substantially increase the scope of practice or the
level of regulation of the profession.
(2) "Business professions" means those business occupations or professions which are not health professions under
chapter 18.120 RCW and includes, in addition to real estate
brokers and salespersons under chapter 18.85 RCW, the following professions and occupations: Accountancy under
chapter 18.04 RCW; architects under chapter 18.08 RCW;
auctioneering under chapter 18.11 RCW; cosmetologists,
barbers, and manicurists under chapter 18.16 RCW; contractors under chapter 18.27 RCW; debt adjusting under chapter
18.28 RCW; engineers and surveyors under chapter 18.43
RCW; escrow agents under chapter 18.44 RCW; landscape
architects under chapter 18.96 RCW; water well construction
under chapter 18.104 RCW; plumbers under chapter 18.106
RCW; and art dealers under chapter 18.110 RCW.
(3) "Certificate" and "certification" mean a voluntary
process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite
qualifications specified by that regulatory entity, and (b) may
assume or use "certified" in the title or designation to perform
prescribed professional tasks.
(4) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the
regulated profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the
prerequisite qualifications set forth in the regulatory statute to
perform prescribed occupational tasks.
(5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the
practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.
(6) "Legislative committees of reference" means the
standing legislative committees designated by the respective
rules committees of the senate and house of representatives to
consider proposed legislation to regulate business professions not previously regulated.
(7) "License", "licensing", and "licensure" mean permission to engage in a business profession which would otherwise be unlawful in the state in the absence of the permission.
A license is granted to those individuals who meet prerequisite qualifications to perform prescribed professional tasks
and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable authorization to carry on an activity based on qualifications which include: (a) Graduation from an accredited or
approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
(2004 Ed.)
Regulation of Business Professions
(9) "Practitioner" means an individual who (a) has
achieved knowledge and skill by practice, and (b) is actively
engaged in a specified business profession.
(10) "Public member" means an individual who is not,
and never was, a member of the business profession being
regulated or the spouse of a member, or an individual who
does not have and never has had a material financial interest
in either the rendering of the business professional service
being regulated or an activity directly related to the profession being regulated.
(11) "Registration" means the formal notification which,
prior to rendering services, a practitioner shall submit to a
state agency setting forth the name and address of the practitioner; the location, nature and operation of the business
activity to be practiced; and, if required by the regulatory
entity, a description of the service to be provided.
(12) "Regulatory entity" means any board, commission,
agency, division, or other unit or subunit of state government
which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of
the state, and, where provided by law, programs and activities
involving less than the full responsibility of a state agency.
[1987 c 514 § 5.]
18.118.030 Applicants for regulation—Information.
After July 26, 1987, if appropriate, applicant groups shall
explain each of the following factors to the extent requested
by the legislative committees of reference:
(1) A definition of the problem and why regulation is
necessary:
(a) The nature of the potential harm to the public if the
business profession is not regulated, and the extent to which
there is a threat to public health and safety;
(b) The extent to which consumers need and will benefit
from a method of regulation identifying competent practitioners, indicating typical employers, if any, of practitioners in
the profession; and
(c) The extent of autonomy a practitioner has, as indicated by:
(i) The extent to which the profession calls for independent judgment and the extent of skill or experience required
in making the independent judgment; and
(ii) The extent to which practitioners are supervised;
(2) The efforts made to address the problem:
(a) Voluntary efforts, if any, by members of the profession to:
(i) Establish a code of ethics; or
(ii) Help resolve disputes between practitioners and consumers; and
(b) Recourse to and the extent of use of applicable law
and whether it could be strengthened to control the problem;
(3) The alternatives considered:
(a) Regulation of business employers or practitioners
rather than employee practitioners;
(b) Regulation of the program or service rather than the
individual practitioners;
(c) Registration of all practitioners;
(d) Certification of all practitioners;
(e) Other alternatives;
18.118.030
(2004 Ed.)
18.118.030
(f) Why the use of the alternatives specified in this subsection would not be adequate to protect the public interest;
and
(g) Why licensing would serve to protect the public
interest;
(4) The benefit to the public if regulation is granted:
(a) The extent to which the incidence of specific problems present in the unregulated profession can reasonably be
expected to be reduced by regulation;
(b) Whether the public can identify qualified practitioners;
(c) The extent to which the public can be confident that
qualified practitioners are competent:
(i) Whether the proposed regulatory entity would be a
board composed of members of the profession and public
members, or a state agency, or both, and, if appropriate, their
respective responsibilities in administering the system of registration, certification, or licensure, including the composition of the board and the number of public members, if any;
the powers and duties of the board or state agency regarding
examinations and for cause revocation, suspension, and nonrenewal of registrations, certificates, or licenses; the promulgation of rules and canons of ethics; the conduct of inspections; the receipt of complaints and disciplinary action taken
against practitioners; and how fees would be levied and collected to cover the expenses of administering and operating
the regulatory system;
(ii) If there is a grandfather clause, whether such practitioners will be required to meet the prerequisite qualifications
established by the regulatory entity at a later date;
(iii) The nature of the standards proposed for registration, certification, or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized to
enter into reciprocity agreements with other jurisdictions; and
(v) The nature and duration of any training including, but
not limited to, whether the training includes a substantial
amount of supervised field experience; whether training programs exist in this state; if there will be an experience
requirement; whether the experience must be acquired under
a registered, certificated, or licensed practitioner; whether
there are alternative routes of entry or methods of meeting the
prerequisite qualifications; whether all applicants will be
required to pass an examination; and, if an examination is
required, by whom it will be developed and how the costs of
development will be met;
(d) Assurance of the public that practitioners have maintained their competence:
(i) Whether the registration, certification, or licensure
will carry an expiration date; and
(ii) Whether renewal will be based only upon payment of
a fee, or whether renewal will involve reexamination, peer
review, or other enforcement;
(5) The extent to which regulation might harm the public:
(a) The extent to which regulation will restrict entry into
the profession:
(i) Whether the proposed standards are more restrictive
than necessary to insure safe and effective performance; and
(ii) Whether the proposed legislation requires registered,
certificated, or licensed practitioners in other jurisdictions
[Title 18 RCW—page 269]
18.118.040
Title 18 RCW: Businesses and Professions
who migrate to this state to qualify in the same manner as
state applicants for registration, certification, and licensure
when the other jurisdiction has substantially equivalent
requirements for registration, certification, or licensure as
those in this state; and
(b) Whether there are similar professions to that of the
applicant group which should be included in, or portions of
the applicant group which should be excluded from, the proposed legislation;
(6) The maintenance of standards:
(a) Whether effective quality assurance standards exist
in the profession, such as legal requirements associated with
specific programs that define or enforce standards, or a code
of ethics; and
(b) How the proposed legislation will assure quality:
(i) The extent to which a code of ethics, if any, will be
adopted; and
(ii) The grounds for suspension or revocation of registration, certification, or licensure;
(7) A description of the group proposed for regulation,
including a list of associations, organizations, and other
groups representing the practitioners in this state, an estimate
of the number of practitioners in each group, and whether the
groups represent different levels of practice; and
(8) The expected costs of regulation:
(a) The impact registration, certification, or licensure
will have on the costs of the services to the public; and
(b) The cost to the state and to the general public of
implementing the proposed legislation. [1987 c 514 § 6.]
18.118.040 Applicants for regulation—Written
report—Recommendation of department of licensing.
Applicant groups shall submit a written report explaining the
factors enumerated in RCW 18.118.030 to the legislative
committees of reference. Applicant groups, other than state
agencies created prior to July 26, 1987, shall submit copies of
their written report to the department of licensing for review
and comment. The department of licensing shall make recommendations based on the report to the extent requested by
the legislative committees. [1987 c 514 § 7.]
18.118.040
18.118.900 Severability—1987 c 514. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 514 § 10.]
18.118.900
Chapter 18.120
Chapter 18.120 RCW
REGULATION OF HEALTH
PROFESSIONS—CRITERIA
Sections
18.120.010
18.120.020
18.120.030
18.120.040
18.120.050
18.120.900
18.120.910
Purpose—Criteria.
Definitions.
Applicants for regulation—Information.
Applicants for regulation—Written reports—Recommendations by state board of health and department of health.
Continuing education requirements—Legislative proposals—
Evidence of effectiveness.
Short title.
Severability—1983 c 168.
Health professions account—Fees credited—Requirements for biennial budget request: RCW 43.70.320.
[Title 18 RCW—page 270]
Secretary of health or secretary's designee ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300.
18.120.010
18.120.010 Purpose—Criteria. (1) The purpose of this
chapter is to establish guidelines for the regulation of health
professions not licensed or regulated prior to July 24, 1983,
and those licensed or regulated health professions which seek
to substantially increase their scope of practice: PROVIDED, That the provisions of this chapter are not intended
and shall not be construed to: (a) Apply to any regulatory
entity created prior to July 24, 1983, except as provided in
this chapter; (b) affect the powers and responsibilities of the
superintendent of public instruction or state board of education under RCW 28A.305.130 and 28A.410.010; (c) apply to
or interfere in any way with the practice of religion or to any
kind of treatment by prayer; and (d) apply to any remedial or
technical amendments to any statutes which licensed or regulated activity before July 24, 1983. The legislature believes
that all individuals should be permitted to enter into a health
profession unless there is an overwhelming need for the state
to protect the interests of the public by restricting entry into
the profession. Where such a need is identified, the regulation
adopted by the state should be set at the least restrictive level
consistent with the public interest to be protected.
(2) It is the intent of this chapter that no regulation shall,
after July 24, 1983, be imposed upon any health profession
except for the exclusive purpose of protecting the public
interest. All bills introduced in the legislature to regulate a
health profession for the first time should be reviewed
according to the following criteria. A health profession
should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger
the health, safety, or welfare of the public, and the potential
for the harm is easily recognizable and not remote or dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to
benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other
means in a more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this
section and considering governmental and societal costs and
benefits, if the legislature finds that it is necessary to regulate
a health profession not previously regulated by law, the least
restrictive alternative method of regulation should be implemented, consistent with the public interest and this section:
(a) Where existing common law and statutory civil
actions and criminal prohibitions are not sufficient to eradicate existing harm, the regulation should provide for stricter
civil actions and criminal prosecutions;
(b) Where a service is being performed for individuals
involving a hazard to the public health, safety, or welfare, the
regulation should impose inspection requirements and enable
an appropriate state agency to enforce violations by injunctive relief in court, including, but not limited to, regulation of
the business activity providing the service rather than the
employees of the business;
(c) Where the threat to the public health, safety, or economic well-being is relatively small as a result of the operation of the health profession, the regulation should implement
a system of registration;
(2004 Ed.)
Regulation of Health Professions—Criteria
(d) Where the consumer may have a substantial basis for
relying on the services of a practitioner, the regulation should
implement a system of certification; or
(e) Where apparent that adequate regulation cannot be
achieved by means other than licensing, the regulation should
implement a system of licensing. [1990 c 33 § 554; 1983 c
168 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
18.120.020
18.120.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Applicant group" includes any health professional
group or organization, any individual, or any other interested
party which proposes that any health professional group not
presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.
(2) "Certificate" and "certification" mean a voluntary
process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite
qualifications specified by that regulatory entity, and (b) may
assume or use "certified" in the title or designation to perform
prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the
regulated health profession prior to the effective date of the
regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory
statute to perform prescribed occupational tasks.
(4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatric medicine and surgery under
chapter 18.22 RCW; chiropractic under chapter 18.25 RCW;
dental hygiene under chapter 18.29 RCW; dentistry under
chapter 18.32 RCW; denturism under chapter 18.30 RCW;
dispensing opticians under chapter 18.34 RCW; hearing
instruments under chapter 18.35 RCW; naturopaths under
chapter 18.36A RCW; embalming and funeral directing
under chapter 18.39 RCW; midwifery under chapter 18.50
RCW; nursing home administration under chapter 18.52
RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathic medicine and
surgery under chapters 18.57 and 18.57A RCW; pharmacy
under chapters 18.64 and 18.64A RCW; medicine under
chapters 18.71 and 18.71A RCW; emergency medicine under
chapter 18.73 RCW; physical therapy under chapter 18.74
RCW; practical nurses under chapter 18.79 RCW; psychologists under chapter 18.83 RCW; registered nurses under
chapter 18.79 RCW; occupational therapists licensed under
chapter 18.59 RCW; respiratory care practitioners licensed
under chapter 18.89 RCW; veterinarians and veterinary technicians under chapter 18.92 RCW; health care assistants
under chapter 18.135 RCW; massage practitioners under
chapter 18.108 RCW; acupuncturists licensed under chapter
18.06 RCW; persons registered under chapter 18.19 RCW;
persons licensed as mental health counselors, marriage and
family therapists, and social workers under chapter 18.225
RCW; dietitians and nutritionists certified by chapter 18.138
RCW; radiologic technicians under chapter 18.84 RCW; and
(2004 Ed.)
18.120.020
nursing assistants registered or certified under chapter
18.88A RCW.
(5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the
practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.
(6) "Legislative committees of reference" means the
standing legislative committees designated by the respective
rules committees of the senate and house of representatives to
consider proposed legislation to regulate health professions
not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise
be unlawful in the state in the absence of the permission. A
license is granted to those individuals who meet prerequisite
qualifications to perform prescribed health professional tasks
and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on
qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on
a qualifying examination or series of examinations.
(9) "Practitioner" means an individual who (a) has
achieved knowledge and skill by practice, and (b) is actively
engaged in a specified health profession.
(10) "Public member" means an individual who is not,
and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does
not have and never has had a material financial interest in
either the rendering of the health professional service being
regulated or an activity directly related to the profession
being regulated.
(11) "Registration" means the formal notification which,
prior to rendering services, a practitioner shall submit to a
state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity
to be practiced; and, if required by the regulatory entity, a
description of the service to be provided.
(12) "Regulatory entity" means any board, commission,
agency, division, or other unit or subunit of state government
which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of
the state, and, where provided by law, programs and activities
involving less than the full responsibility of a state agency.
[2001 c 251 § 26; 2000 c 93 § 15; 1997 c 334 § 13; 1996 c 178
§ 9. Prior: 1995 c 323 § 15; 1995 c 1 § 18 (Initiative Measure
No. 607, approved November 8, 1994); 1994 sp.s. c 9 § 718;
1989 c 300 § 14; prior: 1988 c 277 § 12; 1988 c 267 § 21;
prior: 1987 c 512 § 21; 1987 c 447 § 17; 1987 c 415 § 16;
1987 c 412 § 14; prior: 1985 c 326 § 28; 1985 c 117 § 3;
prior: 1984 c 279 § 57; 1984 c 9 § 18; 1983 c 168 § 2.]
Severability—2001 c 251: See RCW 18.225.900.
Effective dates—1997 c 334: See note following RCW 18.89.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1987 c 512: See RCW 18.19.901.
[Title 18 RCW—page 271]
18.120.030
Title 18 RCW: Businesses and Professions
Severability—1987 c 447: See RCW 18.36A.901.
Severability—1987 c 415: See RCW 18.89.901.
Effective date—Severability—1987 c 412: See RCW 18.84.901 and
18.84.902.
Severability—1984 c 279: See RCW 18.130.901.
Severability—1984 c 9: See RCW 18.59.905.
18.120.030 Applicants for regulation—Information.
After July 24, 1983, if appropriate, applicant groups shall
explain each of the following factors to the extent requested
by the legislative committees of reference:
(1) A definition of the problem and why regulation is
necessary:
(a) The nature of the potential harm to the public if the
health profession is not regulated, and the extent to which
there is a threat to public health and safety;
(b) The extent to which consumers need and will benefit
from a method of regulation identifying competent practitioners, indicating typical employers, if any, of practitioners in
the health profession; and
(c) The extent of autonomy a practitioner has, as indicated by:
(i) The extent to which the health profession calls for
independent judgment and the extent of skill or experience
required in making the independent judgment; and
(ii) The extent to which practitioners are supervised;
(2) The efforts made to address the problem:
(a) Voluntary efforts, if any, by members of the health
profession to:
(i) Establish a code of ethics; or
(ii) Help resolve disputes between health practitioners
and consumers; and
(b) Recourse to and the extent of use of applicable law
and whether it could be strengthened to control the problem;
(3) The alternatives considered:
(a) Regulation of business employers or practitioners
rather than employee practitioners;
(b) Regulation of the program or service rather than the
individual practitioners;
(c) Registration of all practitioners;
(d) Certification of all practitioners;
(e) Other alternatives;
(f) Why the use of the alternatives specified in this subsection would not be adequate to protect the public interest;
and
(g) Why licensing would serve to protect the public
interest;
(4) The benefit to the public if regulation is granted:
(a) The extent to which the incidence of specific problems present in the unregulated health profession can reasonably be expected to be reduced by regulation;
(b) Whether the public can identify qualified practitioners;
(c) The extent to which the public can be confident that
qualified practitioners are competent:
(i) Whether the proposed regulatory entity would be a
board composed of members of the profession and public
members, or a state agency, or both, and, if appropriate, their
respective responsibilities in administering the system of registration, certification, or licensure, including the composition of the board and the number of public members, if any;
18.120.030
[Title 18 RCW—page 272]
the powers and duties of the board or state agency regarding
examinations and for cause revocation, suspension, and nonrenewal of registrations, certificates, or licenses; the promulgation of rules and canons of ethics; the conduct of inspections; the receipt of complaints and disciplinary action taken
against practitioners; and how fees would be levied and collected to cover the expenses of administering and operating
the regulatory system;
(ii) If there is a grandfather clause, whether such practitioners will be required to meet the prerequisite qualifications
established by the regulatory entity at a later date;
(iii) The nature of the standards proposed for registration, certification, or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized to
enter into reciprocity agreements with other jurisdictions;
(v) The nature and duration of any training including, but
not limited to, whether the training includes a substantial
amount of supervised field experience; whether training programs exist in this state; if there will be an experience
requirement; whether the experience must be acquired under
a registered, certificated, or licensed practitioner; whether
there are alternative routes of entry or methods of meeting the
prerequisite qualifications; whether all applicants will be
required to pass an examination; and, if an examination is
required, by whom it will be developed and how the costs of
development will be met; and
(vi) What additional training programs are anticipated to
be necessary to assure training accessible statewide; the
anticipated time required to establish the additional training
programs; the types of institutions capable of providing the
training; a description of how training programs will meet the
needs of the expected work force, including reentry workers,
minorities, placebound students, and others;
(d) Assurance of the public that practitioners have maintained their competence:
(i) Whether the registration, certification, or licensure
will carry an expiration date; and
(ii) Whether renewal will be based only upon payment of
a fee, or whether renewal will involve reexamination, peer
review, or other enforcement;
(5) The extent to which regulation might harm the public:
(a) The extent to which regulation will restrict entry into
the health profession:
(i) Whether the proposed standards are more restrictive
than necessary to insure safe and effective performance; and
(ii) Whether the proposed legislation requires registered,
certificated, or licensed practitioners in other jurisdictions
who migrate to this state to qualify in the same manner as
state applicants for registration, certification, and licensure
when the other jurisdiction has substantially equivalent
requirements for registration, certification, or licensure as
those in this state; and
(b) Whether there are similar professions to that of the
applicant group which should be included in, or portions of
the applicant group which should be excluded from, the proposed legislation;
(6) The maintenance of standards:
(a) Whether effective quality assurance standards exist
in the health profession, such as legal requirements associ(2004 Ed.)
Regulation of Health Professions—Uniform Administrative Provisions
ated with specific programs that define or enforce standards,
or a code of ethics; and
(b) How the proposed legislation will assure quality:
(i) The extent to which a code of ethics, if any, will be
adopted; and
(ii) The grounds for suspension or revocation of registration, certification, or licensure;
(7) A description of the group proposed for regulation,
including a list of associations, organizations, and other
groups representing the practitioners in this state, an estimate
of the number of practitioners in each group, and whether the
groups represent different levels of practice; and
(8) The expected costs of regulation:
(a) The impact registration, certification, or licensure
will have on the costs of the services to the public;
(b) The cost to the state and to the general public of
implementing the proposed legislation; and
(c) The cost to the state and the members of the group
proposed for regulation for the required education, including
projected tuition and expenses and expected increases in
training programs, staffing, and enrollments at state training
institutions. [1991 c 332 § 6; 1983 c 168 § 3.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.120.040
18.120.040 Applicants for regulation—Written
reports—Recommendations by state board of health and
department of health. Applicant groups shall submit a written report explaining the factors enumerated in RCW
18.120.030 to the legislative committees of reference, copies
of which shall be sent to the state board of health and the
department of health for review and comment. The state
board of health and the department of health shall make recommendations based on the report submitted by applicant
groups to the extent requested by the legislative committees.
[1989 1st ex.s. c 9 § 305; 1984 c 279 § 59.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1984 c 279: See RCW 18.130.901.
18.120.050
18.120.050 Continuing education requirements—
Legislative proposals—Evidence of effectiveness.
Requirements for licensees to engage in continuing education
as a condition of continued licensure has not been proven to
be an effective method of guaranteeing or improving the
competence of licensees or the quality of care received by the
consumer. The legislature has serious reservations concerning the appropriateness of mandated continuing education.
Any legislative proposal which contains a continuing education requirement should be accompanied by evidence that
such a requirement has been proven effective for the profession addressed in the legislation. [1984 c 279 § 58.]
Severability—1984 c 279: See RCW 18.130.901.
18.120.900
18.120.900 Short title. This chapter may be known and
cited as the Washington regulation of health professions act.
[1983 c 168 § 4.]
18.122.020
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 168 § 17.]
Chapter 18.122 RCW
REGULATION OF HEALTH PROFESSIONS—
UNIFORM ADMINISTRATIVE PROVISIONS
Chapter 18.122
Sections
18.122.010
18.122.020
18.122.030
18.122.040
18.122.050
18.122.060
18.122.070
18.122.080
18.122.090
18.122.100
18.122.110
18.122.120
18.122.130
18.122.140
18.122.150
18.122.160
18.122.900
18.122.901
Legislative intent.
Definitions.
Registration, certification, and licensure.
Exemptions.
Powers of secretary.
Record of proceedings.
Advisory committees.
Credentialing requirements.
Approval of educational programs.
Examinations.
Applications.
Waiver of examination for initial applications.
Endorsement.
Renewals.
Application of uniform disciplinary act.
Application of chapter.
Section captions.
Severability—1987 c 150.
18.122.010
18.122.010 Legislative intent. The legislature takes
note of the burgeoning number of bills proposed to regulate
new health and health-related professions and occupations.
The legislature further recognizes the number of allied health
professions seeking independent practice. Potentially at least
one hundred forty-five discrete health professions and occupations are recognized nationally, with at least two hundred
fifty secondary job classifications. A uniform and streamlined credentialing process needs to be established to permit
the department of health to administer the health professional
regulatory programs in the most cost-effective, accountable,
and uniform manner. The public interest will be served by
establishing uniform administrative provisions for the regulated professions under the jurisdiction of the department of
health regulated after July 26, 1987. [1989 1st ex.s. c 9 § 306;
1987 c 150 § 61.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.122.020
18.122.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) To "credential" means to license, certify, or register
an applicant.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the secretary's designee.
(4) "Health profession" means a profession providing
health services regulated under the laws of this state and
under which laws this statute is specifically referenced.
(5) "Credential" means the license, certificate, or registration issued to a person. [1989 1st ex.s. c 9 § 307; 1987 c
150 § 62.]
18.120.910
18.120.910 Severability—1983 c 168. If any provision
of this act or its application to any person or circumstance is
(2004 Ed.)
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
[Title 18 RCW—page 273]
18.122.030
Title 18 RCW: Businesses and Professions
18.122.030 Registration, certification, and licensure.
(1) The three levels of professional credentialing as defined
in chapter 18.120 RCW are:
(a) Registration, which is the least restrictive, and
requires formal notification of the department of health identifying the practitioner, and does not require qualifying examinations;
(b) Certification, which is a voluntary process recognizing an individual who qualifies by examination and meets
established educational prerequisites, and which protects the
title of practice; and
(c) Licensure, which is the most restrictive and requires
qualification by examination and educational prerequisites of
a practitioner whose title is protected and whose scope of
practice is restricted to only those licensed.
(2) No person may practice or represent oneself as a
practitioner of a health profession by use of any title or
description of services without being registered to practice by
the department of health, unless otherwise exempted by this
chapter.
(3) No person may represent oneself as certified or use
any title or description of services without applying for certification, meeting the required qualifications, and being certified by the department of health, unless otherwise exempted
by this chapter.
(4) No person may represent oneself as licensed, use any
title or description of services, or engage in any practice without applying for licensure, meeting the required qualifications, and being licensed by the department of health, unless
otherwise exempted by this chapter. [1989 1st ex.s. c 9 §
308; 1987 c 150 § 63.]
18.122.030
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.122.040
18.122.040 Exemptions. Nothing in this chapter shall
be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing services within the authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and whose
performance of services is pursuant to a regular course of
instruction or assignments from an instructor and under the
general supervision of the instructor. [1991 c 3 § 260; 1987 c
150 § 64.]
18.122.050
18.122.050 Powers of secretary. In addition to any
other authority provided by law, the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter;
(2) Establish all credentialing, examination, and renewal
fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register any applicants, and to issue certificates or
licenses to applicants who have met the education, training,
and examination requirements for licensure or certification
[Title 18 RCW—page 274]
and to deny a credential to applicants who do not meet the
minimum qualifications, except that proceedings concerning
the denial of credentials based upon unprofessional conduct
or impairment shall be governed by the uniform disciplinary
act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter, and hire individuals credentialed under this chapter to serve as examiners for
any practical examinations;
(6) Determine minimum education requirements and
evaluate and designate those educational programs from
which graduation will be accepted as proof of eligibility to
take a qualifying examination for applicants for certification
or licensure;
(7) Prepare, grade, and administer, or determine the
nature of, and supervise the grading and administration of,
examinations for applicants for certification or licensure;
(8) Determine whether alternative methods of training
are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take
any qualifying examination;
(9) Determine which states have credentialing requirements equivalent to those of this state, and issue credentials
to individuals credentialed in those states without examinations;
(10) Define and approve any experience requirement for
credentialing;
(11) Implement and administer a program for consumer
education;
(12) Adopt rules implementing a continuing competency
program;
(13) Maintain the official department record of all applicants and licensees; and
(14) Establish by rule the procedures for an appeal of an
examination failure. [1989 1st ex.s. c 9 § 309; 1987 c 150 §
65.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.122.060
18.122.060 Record of proceedings. The secretary shall
keep an official record of all proceedings. A part of the record
shall consist of a register of all applicants for credentialing
under this chapter and the results of each application. [1991
c 3 § 261; 1987 c 150 § 66.]
18.122.070
18.122.070 Advisory committees. (1) The secretary
has the authority to appoint advisory committees to further
the purposes of this chapter. Each such committee shall be
composed of five members, one member initially appointed
for a term of one year, two for a term of two years, and two
for a term of three years. Subsequent appointments shall be
for terms of three years. No person may serve as a member of
the committee for more than two consecutive terms. Members of an advisory committee shall be residents of this state.
Each committee shall be composed of three individuals registered, certified, or licensed in the category designated, and
two members who represent the public at large and are unaffiliated directly or indirectly with the profession being credentialed.
(2004 Ed.)
Regulation of Health Professions—Uniform Administrative Provisions
(2) The secretary may remove any member of the advisory committees for cause as specified by rule. In the case of
a vacancy, the secretary shall appoint a person to serve for the
remainder of the unexpired term.
(3) The advisory committees shall each meet at the times
and places designated by the secretary and shall hold meetings during the year as necessary to provide advice to the
director [secretary]. The committee may elect a chair and a
vice chair. A majority of the members currently serving shall
constitute a quorum.
(4) Each member of an advisory committee shall be
reimbursed for travel expenses as authorized in RCW
43.03.050 and 43.03.060. In addition, members of the committees shall be compensated in accordance with RCW
43.03.240 when engaged in the authorized business of their
committees.
(5) The secretary, members of advisory committees, or
individuals acting on their behalf are immune from suit in any
action, civil or criminal, based on any credentialing or disciplinary proceedings or other official acts performed in the
course of their duties. [1991 c 3 § 262; 1987 c 150 § 67.]
18.122.080
18.122.080 Credentialing requirements. (1) The secretary shall issue a license or certificate, as appropriate, to
any applicant who demonstrates to the secretary's satisfaction
that the following requirements have been met:
(a) Graduation from an educational program approved
by the secretary or successful completion of alternate training
meeting established criteria;
(b) Successful completion of an approved examination;
and
(c) Successful completion of any experience requirement
established by the secretary.
(2) The secretary shall establish by rule what constitutes
adequate proof of meeting the criteria.
(3) In addition, applicants shall be subject to the grounds
for denial of a license or certificate or issuance of a conditional license or certificate under chapter 18.130 RCW.
(4) The secretary shall issue a registration to any applicant who completes an application which identifies the name
and address of the applicant, the registration being requested,
and information required by the secretary necessary to establish whether there are grounds for denial of a registration or
issuance of a conditional registration under chapter 18.130
RCW. [1991 c 3 § 263; 1987 c 150 § 68.]
18.122.090
18.122.090 Approval of educational programs. The
secretary shall establish by rule the standards and procedures
for approval of educational programs and alternative training.
The secretary may utilize or contract with individuals or
organizations having expertise in the profession or in education to assist in the evaluations. The secretary shall establish
by rule the standards and procedures for revocation of
approval of education programs. The standards and procedures set shall apply equally to educational programs and
training in the United States and in foreign jurisdictions. The
secretary may establish a fee for educational program evaluations. [1991 c 3 § 264; 1987 c 150 § 69.]
(2004 Ed.)
18.122.130
18.122.100
18.122.100 Examinations. (1) The date and location of
examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other
requirements for licensure or certification shall be scheduled
for the next examination following the filing of the application. The secretary shall establish by rule the examination
application deadline.
(2) The secretary or the secretary's designees shall examine each applicant, by means determined most effective, on
subjects appropriate to the scope of practice, as applicable.
Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill
and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers,
and the grading of any practical work shall be preserved for a
period of not less than one year after the secretary has made
and published the decisions. All examinations shall be conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in
the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require
such remedial education before the person may take future
examinations.
(5) The secretary may approve an examination prepared
or administered by a private testing agency or association of
licensing agencies for use by an applicant in meeting the credentialing requirements. [1989 1st ex.s. c 9 § 310; 1987 c
150 § 70.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.122.110
18.122.110 Applications. Applications for credentialing shall be submitted on forms provided by the secretary.
The secretary may require any information and documentation which reasonably relates to the need to determine
whether the applicant meets the criteria for credentialing provided for in this chapter and chapter 18.130 RCW. Each
applicant shall pay a fee determined by the secretary under
RCW 43.70.250. The fee shall accompany the application.
[1989 1st ex.s. c 9 § 311; 1987 c 150 § 71.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.122.120
18.122.120 Waiver of examination for initial applications. The secretary shall waive the examination and credential a person authorized to practice within the state of Washington if the secretary determines that the person meets commonly accepted standards of education and experience for the
profession. This section applies only to those individuals who
file an application for waiver within one year of the establishment of the authorized practice. [1991 c 3 § 265; 1987 c 150
§ 72.]
18.122.130
18.122.130 Endorsement. An applicant holding a credential in another state may be credentialed to practice in this
state without examination if the secretary determines that the
other state's credentialing standards are substantially equiva[Title 18 RCW—page 275]
18.122.140
Title 18 RCW: Businesses and Professions
lent to the standards in this state. [1991 c 3 § 266; 1987 c 150
§ 73.]
18.122.140
18.122.140 Renewals. The secretary shall establish by
rule the procedural requirements and fees for renewal of a
credential. Failure to renew shall invalidate the credential and
all privileges granted by the credential. If a license or certificate has lapsed for a period longer than three years, the person shall demonstrate competence to the satisfaction of the
secretary by taking continuing education courses, or meeting
other standards determined by the secretary. [1991 c 3 § 267;
1987 c 150 § 74.]
18.130.140
18.130.150
18.130.160
18.130.165
18.130.170
18.130.172
18.130.175
18.130.180
18.130.185
18.130.186
18.130.190
18.130.195
18.130.200
18.122.150
18.122.150 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, shall
govern the issuance and denial of credentials, unauthorized
practice, and the discipline of persons credentialed under this
chapter. The secretary shall be the disciplining authority
under this chapter. [1991 c 3 § 268; 1987 c 150 § 75.]
18.122.160
18.122.160 Application of chapter. This chapter only
applies to a business or profession regulated under the laws of
this state if this chapter is specifically referenced in the laws
regulating that business or profession. [1987 c 150 § 76.]
18.130.210
18.130.250
18.130.270
18.130.300
18.130.310
18.130.340
18.130.350
18.130.900
18.130.901
Appeal.
Reinstatement.
Finding of unprofessional conduct—Orders—Sanctions—
Stay—Costs—Stipulations.
Enforcement of fine.
Capacity of license holder to practice—Hearing—Mental or
physical examination—Implied consent.
Evidence summary and stipulations.
Voluntary substance abuse monitoring programs.
Unprofessional conduct.
Injunctive relief for violations of RCW 18.130.170 or
18.130.180.
Voluntary substance abuse monitoring program—Content—
License surcharge.
Practice without license—Investigation of complaints—Cease
and desist orders—Injunctions—Penalties.
Violation of injunction—Penalty.
Fraud or misrepresentation in obtaining or maintaining a
license—Penalty.
Crime by license holder—Notice to attorney general or county
prosecuting attorney.
Retired active license status.
Continuing competency pilot projects.
Immunity from liability.
Biennial reports—Format.
Opiate therapy guidelines.
Application—Use of records or exchange of information not
affected.
Short title—Applicability.
Severability—1984 c 279.
AIDS education and training: Chapter 70.24 RCW.
18.130.010
18.122.900
18.122.900 Section captions. Section captions as used
in this chapter do not constitute any part of the law. [1987 c
150 § 77.]
18.122.901
18.122.901 Severability—1987 c 150. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 150 § 80.]
Chapter 18.130 RCW
REGULATION OF HEALTH PROFESSIONS—
UNIFORM DISCIPLINARY ACT
Chapter 18.130
Sections
18.130.010
18.130.020
18.130.040
18.130.045
18.130.050
18.130.060
18.130.065
18.130.070
18.130.075
18.130.080
18.130.085
18.130.090
18.130.095
18.130.098
18.130.100
18.130.110
18.130.120
18.130.125
18.130.127
18.130.130
Intent.
Definitions.
Application to certain professions—Authority of secretary—
Grant or denial of licenses—Procedural rules.
Massage practitioners—Procedures governing convicted prostitutes.
Authority of disciplining authority.
Additional authority of secretary.
Rules, policies, and orders—Secretary's role.
Rules requiring reports—Court orders—Immunity from liability—Licensees required to report.
Temporary practice permits—Penalties.
Unprofessional conduct—Complaint—Investigation—Immunity of complainant.
Communication with complainant.
Statement of charge—Request for hearing.
Uniform procedural rules.
Settlement—Disclosure—Conference.
Hearings—Adjudicative proceedings under chapter 34.05
RCW.
Findings of fact—Order—Report.
Actions against license—Exception.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Orders—When effective—Stay.
[Title 18 RCW—page 276]
18.130.010 Intent. It is the intent of the legislature to
strengthen and consolidate disciplinary and licensure procedures for the licensed health and health-related professions
and businesses by providing a uniform disciplinary act with
standardized procedures for the licensure of health care professionals and the enforcement of laws the purpose of which
is to assure the public of the adequacy of professional competence and conduct in the healing arts.
It is also the intent of the legislature that all health and
health-related professions newly credentialed by the state
come under the Uniform Disciplinary Act.
Further, the legislature declares that the addition of public members on all health care commissions and boards can
give both the state and the public, which it has a statutory
responsibility to protect, assurances of accountability and
confidence in the various practices of health care. [1994 sp.s.
c 9 § 601; 1991 c 332 § 1; 1986 c 259 § 1; 1984 c 279 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Application to scope of practice—1991 c 332: "Nothing in sections 1
through 39 of this act is intended to change the scope of practice of any
health care profession referred to in sections 1 through 39 of this act." [1991
c 332 § 46.]
Captions not law—1991 c 332: "Section captions and part headings as
used in this act constitute no part of the law." [1991 c 332 § 43.]
Severability—1986 c 259: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 259 § 152.]
18.130.020
18.130.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Disciplining authority" means the agency, board, or
commission having the authority to take disciplinary action
against a holder of, or applicant for, a professional or business license upon a finding of a violation of this chapter or a
chapter specified under RCW 18.130.040.
(2004 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the secretary's designee.
(4) "Board" means any of those boards specified in RCW
18.130.040.
(5) "Commission" means any of the commissions specified in RCW 18.130.040.
(6) "Unlicensed practice" means:
(a) Practicing a profession or operating a business identified in RCW 18.130.040 without holding a valid, unexpired,
unrevoked, and unsuspended license to do so; or
(b) Representing to a consumer, through offerings,
advertisements, or use of a professional title or designation,
that the individual is qualified to practice a profession or
operate a business identified in RCW 18.130.040, without
holding a valid, unexpired, unrevoked, and unsuspended
license to do so.
(7) "Disciplinary action" means sanctions identified in
RCW 18.130.160.
(8) "Practice review" means an investigative audit of
records related to the complaint, without prior identification
of specific patient or consumer names, or an assessment of
the conditions, circumstances, and methods of the professional's practice related to the complaint, to determine
whether unprofessional conduct may have been committed.
(9) "Health agency" means city and county health
departments and the department of health.
(10) "License," "licensing," and "licensure" shall be
deemed equivalent to the terms "license," "licensing," "licensure," "certificate," "certification," and "registration" as those
terms are defined in RCW 18.120.020. [1995 c 336 § 1; 1994
sp.s. c 9 § 602; 1989 1st ex.s. c 9 § 312; 1986 c 259 § 2; 1984
c 279 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.040
18.130.040 Application to certain professions—
Authority of secretary—Grant or denial of licenses—Procedural rules. (1) This chapter applies only to the secretary
and the boards and commissions having jurisdiction in relation to the professions licensed under the chapters specified
in this section. This chapter does not apply to any business or
profession not licensed under the chapters specified in this
section.
(2)(a) The secretary has authority under this chapter in
relation to the following professions:
(i) Dispensing opticians licensed and designated apprentices under chapter 18.34 RCW;
(ii) Naturopaths licensed under chapter 18.36A RCW;
(iii) Midwives licensed under chapter 18.50 RCW;
(iv) Ocularists licensed under chapter 18.55 RCW;
(v) Massage operators and businesses licensed under
chapter 18.108 RCW;
(vi) Dental hygienists licensed under chapter 18.29
RCW;
(vii) Acupuncturists licensed under chapter 18.06 RCW;
(viii) Radiologic technologists certified and X-ray technicians registered under chapter 18.84 RCW;
(2004 Ed.)
18.130.040
(ix) Respiratory care practitioners licensed under chapter
18.89 RCW;
(x) Persons registered under chapter 18.19 RCW;
(xi) Persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter
18.225 RCW;
(xii) Persons registered as nursing pool operators under
chapter 18.52C RCW;
(xiii) Nursing assistants registered or certified under
chapter 18.88A RCW;
(xiv) Health care assistants certified under chapter
18.135 RCW;
(xv) Dietitians and nutritionists certified under chapter
18.138 RCW;
(xvi) Chemical dependency professionals certified under
chapter 18.205 RCW;
(xvii) Sex offender treatment providers and certified
affiliate sex offender treatment providers certified under
chapter 18.155 RCW;
(xviii) Persons licensed and certified under chapter 18.73
RCW or RCW 18.71.205;
(xix) Denturists licensed under chapter 18.30 RCW;
(xx) Orthotists and prosthetists licensed under chapter
18.200 RCW;
(xxi) Surgical technologists registered under chapter
18.215 RCW; and
(xxii) Recreational therapists.
(b) The boards and commissions having authority under
this chapter are as follows:
(i) The podiatric medical board as established in chapter
18.22 RCW;
(ii) The chiropractic quality assurance commission as
established in chapter 18.25 RCW;
(iii) The dental quality assurance commission as established in chapter 18.32 RCW;
(iv) The board of hearing and speech as established in
chapter 18.35 RCW;
(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry board as established in chapter 18.54
RCW governing licenses issued under chapter 18.53 RCW;
(vii) The board of osteopathic medicine and surgery as
established in chapter 18.57 RCW governing licenses issued
under chapters 18.57 and 18.57A RCW;
(viii) The board of pharmacy as established in chapter
18.64 RCW governing licenses issued under chapters 18.64
and 18.64A RCW;
(ix) The medical quality assurance commission as established in chapter 18.71 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of physical therapy as established in chapter 18.74 RCW;
(xi) The board of occupational therapy practice as established in chapter 18.59 RCW;
(xii) The nursing care quality assurance commission as
established in chapter 18.79 RCW governing licenses and
registrations issued under that chapter;
(xiii) The examining board of psychology and its disciplinary committee as established in chapter 18.83 RCW; and
(xiv) The veterinary board of governors as established in
chapter 18.92 RCW.
[Title 18 RCW—page 277]
18.130.045
Title 18 RCW: Businesses and Professions
(3) In addition to the authority to discipline license holders, the disciplining authority has the authority to grant or
deny licenses based on the conditions and criteria established
in this chapter and the chapters specified in subsection (2) of
this section. This chapter also governs any investigation,
hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance
with an order entered pursuant to RCW 18.130.160 by the
disciplining authority.
(4) All disciplining authorities shall adopt procedures to
ensure substantially consistent application of this chapter, the
Uniform Disciplinary Act, among the disciplining authorities
listed in subsection (2) of this section. [2004 c 38 § 2. Prior:
2003 c 275 § 2; 2003 c 258 § 7; prior: 2002 c 223 § 6; 2002
c 216 § 11; 2001 c 251 § 27; 1999 c 335 § 10; 1998 c 243 §
16; prior: 1997 c 392 § 516; 1997 c 334 § 14; 1997 c 285 §
13; 1997 c 275 § 2; prior: 1996 c 200 § 32; 1996 c 81 § 5;
prior: 1995 c 336 § 2; 1995 c 323 § 16; 1995 c 260 § 11; 1995
c 1 § 19 (Initiative Measure No. 607, approved November 8,
1994); prior: 1994 sp.s. c 9 § 603; 1994 c 17 § 19; 1993 c 367
§ 4; 1992 c 128 § 6; 1990 c 3 § 810; prior: 1988 c 277 § 13;
1988 c 267 § 22; 1988 c 243 § 7; prior: 1987 c 512 § 22; 1987
c 447 § 18; 1987 c 415 § 17; 1987 c 412 § 15; 1987 c 150 §
1; prior: 1986 c 259 § 3; 1985 c 326 § 29; 1984 c 279 § 4.]
Effective date—2004 c 38: See note following RCW 18.155.075.
Effective date—2003 c 275 § 2: "Section 2 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
July 1, 2003." [2003 c 275 § 4.]
Severability—Effective date—2003 c 258: See notes following RCW
18.79.330.
Severability—Effective date—2002 c 216: See RCW 18.230.900 and
18.230.901.
Severability—2001 c 251: See RCW 18.225.900.
Effective dates—1998 c 243: See RCW 18.205.900.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Effective dates—1997 c 334: See note following RCW 18.89.010.
Intent—Purpose—1997 c 285: See RCW 18.200.005.
Severability—1997 c 285: See RCW 18.200.901.
Severability—1996 c 200: See RCW 18.35.902.
Effective date—1996 c 81: See note following RCW 70.128.120.
Effective date—1995 c 336 §§ 2 and 3: "Sections 2 and 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 11, 1995]." [1995 c 336 § 11.]
Effective date—1995 c 260 §§ 7-11: "Sections 7 through 11 of this act
shall take effect July 1, 1996." [1995 1st sp.s. c 18 § 116; 1995 c 260 § 12.]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1987 c 512: See RCW 18.19.901.
Severability—1987 c 447: See RCW 18.36A.901.
Severability—1987 c 415: See RCW 18.89.901.
Effective date—Severability—1987 c 412: See RCW 18.84.901 and
18.84.902.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
[Title 18 RCW—page 278]
18.130.045 Massage practitioners—Procedures governing convicted prostitutes. RCW 18.108.085 shall govern the issuance and revocation of licenses issued or applied
for under chapter 18.108 RCW to or by persons convicted of
violating RCW 9A.88.030, 9A.88.070, 9A.88.080, or
9A.88.090 or equivalent local ordinances. [1995 c 353 § 3.]
18.130.045
18.130.050 Authority of disciplining authority. The
disciplining authority has the following authority:
(1) To adopt, amend, and rescind such rules as are
deemed necessary to carry out this chapter;
(2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings
as provided in this chapter;
(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held under
this chapter;
(4) To take or cause depositions to be taken and use other
discovery procedures as needed in any investigation, hearing,
or proceeding held under this chapter;
(5) To compel attendance of witnesses at hearings;
(6) In the course of investigating a complaint or report of
unprofessional conduct, to conduct practice reviews;
(7) To take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's
practice pending proceedings by the disciplining authority;
(8) To use a presiding officer as authorized in RCW
18.130.095(3) or the office of administrative hearings as
authorized in chapter 34.12 RCW to conduct hearings. The
disciplining authority shall make the final decision regarding
disposition of the license unless the disciplining authority
elects to delegate in writing the final decision to the presiding
officer;
(9) To use individual members of the boards to direct
investigations. However, the member of the board shall not
subsequently participate in the hearing of the case;
(10) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(11) To contract with licensees or other persons or organizations to provide services necessary for the monitoring
and supervision of licensees who are placed on probation,
whose professional activities are restricted, or who are for
any authorized purpose subject to monitoring by the disciplining authority;
(12) To adopt standards of professional conduct or practice;
(13) To grant or deny license applications, and in the
event of a finding of unprofessional conduct by an applicant
or license holder, to impose any sanction against a license
applicant or license holder provided by this chapter;
(14) To designate individuals authorized to sign subpoenas and statements of charges;
(15) To establish panels consisting of three or more
members of the board to perform any duty or authority within
the board's jurisdiction under this chapter;
(16) To review and audit the records of licensed health
facilities' or services' quality assurance committee decisions
in which a licensee's practice privilege or employment is terminated or restricted. Each health facility or service shall produce and make accessible to the disciplining authority the
18.130.050
(2004 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
appropriate records and otherwise facilitate the review and
audit. Information so gained shall not be subject to discovery
or introduction into evidence in any civil action pursuant to
RCW 70.41.200(3). [1995 c 336 § 4. Prior: 1993 c 367 § 21;
1993 c 367 § 5; 1987 c 150 § 2; 1984 c 279 § 5.]
Severability—1987 c 150: See RCW 18.122.901.
18.130.060
18.130.060 Additional authority of secretary. In
addition to the authority specified in RCW 18.130.050, the
secretary has the following additional authority:
(1) To employ such investigative, administrative, and
clerical staff as necessary for the enforcement of this chapter;
(2) Upon the request of a board, to appoint pro tem members to participate as members of a panel of the board in connection with proceedings specifically identified in the
request. Individuals so appointed must meet the same minimum qualifications as regular members of the board. Pro tem
members appointed for matters under this chapter are
appointed for a term of no more than one year. No pro tem
member may serve more than four one-year terms. While
serving as board members pro tem, persons so appointed
have all the powers, duties, and immunities, and are entitled
to the emoluments, including travel expenses in accordance
with RCW 43.03.050 and 43.03.060, of regular members of
the board. The chairperson of a panel shall be a regular member of the board appointed by the board chairperson. Panels
have authority to act as directed by the board with respect to
all matters concerning the review, investigation, and adjudication of all complaints, allegations, charges, and matters
subject to the jurisdiction of the board. The authority to act
through panels does not restrict the authority of the board to
act as a single body at any phase of proceedings within the
board's jurisdiction. Board panels may make interim orders
and issue final decisions with respect to matters and cases
delegated to the panel by the board. Final decisions may be
appealed as provided in chapter 34.05 RCW, the Administrative Procedure Act;
(3) To establish fees to be paid for witnesses, expert witnesses, and consultants used in any investigation and to
establish fees to witnesses in any agency adjudicative proceeding as authorized by RCW 34.05.446;
(4) To conduct investigations and practice reviews at the
direction of the disciplining authority and to issue subpoenas,
administer oaths, and take depositions in the course of conducting those investigations and practice reviews at the direction of the disciplining authority;
(5) To have the health professions regulatory program
establish a system to recruit potential public members, to
review the qualifications of such potential members, and to
provide orientation to those public members appointed pursuant to law by the governor or the secretary to the boards and
commissions specified in RCW 18.130.040(2)(b), and to the
advisory committees and councils for professions specified in
RCW 18.130.040(2)(a). [2001 c 101 § 1; 1995 c 336 § 5;
1991 c 3 § 269; 1989 c 175 § 68; 1987 c 150 § 3; 1984 c 279
§ 6.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1987 c 150: See RCW 18.122.901.
(2004 Ed.)
18.130.070
18.130.065
18.130.065 Rules, policies, and orders—Secretary's
role. The secretary of health shall review and coordinate all
proposed rules, interpretive statements, policy statements,
and declaratory orders, as defined in chapter 34.05 RCW, that
are proposed for adoption or issuance by any health profession board or commission vested with rule-making authority
identified under RCW 18.130.040(2)(b). The secretary shall
review the proposed policy statements and declaratory orders
against criteria that include the effect of the proposed rule,
statement, or order upon existing health care policies and
practice of health professionals. Within thirty days of the
receipt of a proposed rule, interpretive statement, policy
statement, or declaratory order from the originating board or
commission, the secretary shall inform the board or commission of the results of the review, and shall provide any comments or suggestions that the secretary deems appropriate.
Emergency rule making is not subject to this review process.
The secretary is authorized to adopt rules and procedures for
the coordination and review under this section. [1995 c 198
§ 26.]
18.130.070
18.130.070 Rules requiring reports—Court orders—
Immunity from liability—Licensees required to report.
(1) The disciplining authority may adopt rules requiring any
person, including, but not limited to, licensees, corporations,
organizations, health care facilities, impaired practitioner
programs, or voluntary substance abuse monitoring programs
approved by the disciplining authority and state or local governmental agencies, to report to the disciplining authority any
conviction, determination, or finding that a license holder has
committed an act which constitutes unprofessional conduct,
or to report information to the disciplining authority, an
impaired practitioner program, or voluntary substance abuse
monitoring program approved by the disciplining authority,
which indicates that the license holder may not be able to
practice his or her profession with reasonable skill and safety
to consumers as a result of a mental or physical condition. To
facilitate meeting the intent of this section, the cooperation of
agencies of the federal government is requested by reporting
any conviction, determination, or finding that a federal
employee or contractor regulated by the disciplinary authorities enumerated in this chapter has committed an act which
constituted unprofessional conduct and reporting any information which indicates that a federal employee or contractor
regulated by the disciplinary authorities enumerated in this
chapter may not be able to practice his or her profession with
reasonable skill and safety as a result of a mental or physical
condition.
(2) If a person fails to furnish a required report, the disciplining authority may petition the superior court of the
county in which the person resides or is found, and the court
shall issue to the person an order to furnish the required
report. A failure to obey the order is a contempt of court as
provided in chapter 7.21 RCW.
(3) A person is immune from civil liability, whether
direct or derivative, for providing information to the disciplining authority pursuant to the rules adopted under subsection (1) of this section.
(4) The holder of a license subject to the jurisdiction of
this chapter shall report to the disciplining authority any conviction, determination, or finding that the licensee has com[Title 18 RCW—page 279]
18.130.075
Title 18 RCW: Businesses and Professions
mitted unprofessional conduct or is unable to practice with
reasonable skill or safety. Failure to report within thirty days
of notice of the conviction, determination, or finding constitutes grounds for disciplinary action. [1998 c 132 § 8; 1989 c
373 § 19; 1986 c 259 § 4; 1984 c 279 § 7.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—1989 c 373: See RCW 7.21.900.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.075
18.130.075 Temporary practice permits—Penalties.
(1) If an individual licensed in another state that has licensing
standards substantially equivalent to Washington applies for
a license, the disciplining authority shall issue a temporary
practice permit authorizing the applicant to practice the profession pending completion of documentation that the applicant meets the requirements for a license and is also not subject to denial of a license or issuance of a conditional license
under this chapter. The temporary permit may reflect statutory limitations on the scope of practice. The permit shall be
issued only upon the disciplining authority receiving verification from the states in which the applicant is licensed that the
applicant is currently licensed and is not subject to charges or
disciplinary action for unprofessional conduct or impairment.
Notwithstanding RCW 34.05.422(3), the disciplining authority shall establish, by rule, the duration of the temporary practice permits.
(2) Failure to surrender the temporary practice permit is
a misdemeanor under RCW 9A.20.010 and shall be unprofessional conduct under this chapter.
(3) The issuance of temporary permits is subject to the
provisions of this chapter, including summary suspensions.
[2003 c 53 § 140; 1991 c 332 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.130.080
18.130.080 Unprofessional conduct—Complaint—
Investigation—Immunity of complainant. A person,
including but not limited to consumers, licensees, corporations, organizations, health care facilities, impaired practitioner programs, or voluntary substance abuse monitoring programs approved by disciplining authorities, and state and
local governmental agencies, may submit a written complaint
to the disciplining authority charging a license holder or
applicant with unprofessional conduct and specifying the
grounds therefor or to report information to the disciplining
authority, or voluntary substance abuse monitoring program,
or an impaired practitioner program approved by the disciplining authority, which indicates that the license holder may
not be able to practice his or her profession with reasonable
skill and safety to consumers as a result of a mental or physical condition. If the disciplining authority determines that the
complaint merits investigation, or if the disciplining authority
has reason to believe, without a formal complaint, that a
license holder or applicant may have engaged in unprofessional conduct, the disciplining authority shall investigate to
determine whether there has been unprofessional conduct. A
person who files a complaint or reports information under
this section in good faith is immune from suit in any civil
[Title 18 RCW—page 280]
action related to the filing or contents of the complaint. [1998
c 132 § 9; 1986 c 259 § 5; 1984 c 279 § 8.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.085
18.130.085 Communication with complainant. If the
department communicates in writing to a complainant, or his
or her representative, regarding his or her complaint, such
communication shall not include the address or telephone
number of the health care provider against whom he or she
has complained. The department shall inform all applicants
for a health care provider license of the provisions of this section and RCW 42.17.310 regarding the release of address and
telephone information. [1993 c 360 § 1.]
Effective date—1993 c 360: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 15, 1993]." [1993 c 360 § 3.]
18.130.090
18.130.090 Statement of charge—Request for hearing. (1) If the disciplining authority determines, upon investigation, that there is reason to believe a violation of RCW
18.130.180 has occurred, a statement of charge or charges
shall be prepared and served upon the license holder or applicant at the earliest practical time. The statement of charge or
charges shall be accompanied by a notice that the license
holder or applicant may request a hearing to contest the
charge or charges. The license holder or applicant must file a
request for hearing with the disciplining authority within
twenty days after being served the statement of charges. If the
twenty-day limit results in a hardship upon the license holder
or applicant, he or she may request for good cause an extension not to exceed sixty additional days. If the disciplining
authority finds that there is good cause, it shall grant the
extension. The failure to request a hearing constitutes a
default, whereupon the disciplining authority may enter a
decision on the basis of the facts available to it.
(2) If a hearing is requested, the time of the hearing shall
be fixed by the disciplining authority as soon as convenient,
but the hearing shall not be held earlier than thirty days after
service of the charges upon the license holder or applicant.
[1993 c 367 § 1; 1986 c 259 § 6; 1984 c 279 § 9.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.095
18.130.095 Uniform procedural rules. (1)(a) The secretary, in consultation with the disciplining authorities, shall
develop uniform procedural rules to respond to public inquiries concerning complaints and their disposition, active investigations, statement of charges, findings of fact, and final
orders involving a licensee, applicant, or unlicensed person.
The uniform procedural rules adopted under this subsection
apply to all adjudicative proceedings conducted under this
chapter and shall include provisions for establishing time
periods for initial assessment, investigation, charging, discovery, settlement, and adjudication of complaints, and shall
include enforcement provisions for violations of the specific
time periods by the department, the disciplining authority,
and the respondent. A licensee must be notified upon receipt
of a complaint, except when the notification would impede an
effective investigation. At the earliest point of time the lic(2004 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
ensee must be allowed to submit a written statement about
that complaint, which statement must be included in the file.
Complaints filed after July 27, 1997, are exempt from public
disclosure under chapter 42.17 RCW until the complaint has
been initially assessed and determined to warrant an investigation by the disciplining authority. Complaints determined
not to warrant an investigation by the disciplining authority
are no longer considered complaints, but must remain in the
records and tracking system of the department. Information
about complaints that did not warrant an investigation,
including the existence of the complaint, may be released
only upon receipt of a written public disclosure request or
pursuant to an interagency agreement as provided in (b) of
this subsection. Complaints determined to warrant no cause
for action after investigation are subject to public disclosure,
must include an explanation of the determination to close the
complaint, and must remain in the records and tracking system of the department.
(b) The secretary, on behalf of the disciplining authorities, shall enter into interagency agreements for the exchange
of records, which may include complaints filed but not yet
assessed, with other state agencies if access to the records
will assist those agencies in meeting their federal or state statutory responsibilities. Records obtained by state agencies
under the interagency agreements are subject to the limitations on disclosure contained in (a) of this subsection.
(2) The uniform procedures for conducting investigations shall provide that prior to taking a written statement:
(a) For violation of this chapter, the investigator shall
inform such person, in writing of: (i) The nature of the complaint; (ii) that the person may consult with legal counsel at
his or her expense prior to making a statement; and (iii) that
any statement that the person makes may be used in an adjudicative proceeding conducted under this chapter; and
(b) From a witness or potential witness in an investigation under this chapter, the investigator shall inform the person, in writing, that the statement may be released to the licensee, applicant, or unlicensed person under investigation if a
statement of charges is issued.
(3) Only upon the authorization of a disciplining authority identified in RCW 18.130.040(2)(b), the secretary, or his
or her designee, may serve as the presiding officer for any
disciplinary proceedings of the disciplining authority authorized under this chapter. Except as provided in RCW
18.130.050(8), the presiding officer shall not vote on or make
any final decision. All functions performed by the presiding
officer shall be subject to chapter 34.05 RCW. The secretary,
in consultation with the disciplining authorities, shall adopt
procedures for implementing this subsection.
(4) The uniform procedural rules shall be adopted by all
disciplining authorities listed in RCW 18.130.040(2), and
shall be used for all adjudicative proceedings conducted
under this chapter, as defined by chapter 34.05 RCW. The
uniform procedural rules shall address the use of a presiding
officer authorized in subsection (3) of this section to determine and issue decisions on all legal issues and motions arising during adjudicative proceedings. [1997 c 270 § 1; 1995 c
336 § 6; 1993 c 367 § 2.]
18.130.098 Settlement—Disclosure—Conference.
(1) The settlement process must be substantially uniform for
18.130.098
(2004 Ed.)
18.130.110
licensees governed by disciplining authorities under this
chapter. The disciplinary authorities may also use alternative
dispute resolution to resolve complaints during adjudicative
proceedings.
(2) Disclosure of the identity of reviewing disciplining
authority members who participate in the settlement process
is available to the respondent or his or her representative
upon request.
(3) The settlement conference will occur only if a settlement is not achieved through written documents. The respondent will have the opportunity to conference either by phone
or in person with the reviewing disciplining authority member if the respondent chooses. The respondent may also have
his or her attorney conference either by phone or in person
with the reviewing disciplining authority member without the
respondent being present personally.
(4) If the respondent wants to meet in person with the
reviewing disciplining authority member, he or she will
travel to the reviewing disciplining authority member and
have such a conference with a department representative in
attendance either by phone or in person. [1995 c 336 § 7;
1994 sp.s. c 9 § 604.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.130.100
18.130.100 Hearings—Adjudicative proceedings
under chapter 34.05 RCW. The procedures governing
adjudicative proceedings before agencies under chapter
34.05 RCW, the Administrative Procedure Act, govern all
hearings before the disciplining authority. The disciplining
authority has, in addition to the powers and duties set forth in
this chapter, all of the powers and duties under chapter 34.05
RCW, which include, without limitation, all powers relating
to the administration of oaths, the receipt of evidence, the
issuance and enforcing of subpoenas, and the taking of depositions. [1989 c 175 § 69; 1984 c 279 § 10.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.130.110
18.130.110 Findings of fact—Order—Report. (1) In
the event of a finding of unprofessional conduct, the disciplining authority shall prepare and serve findings of fact and
an order as provided in chapter 34.05 RCW, the Administrative Procedure Act. If the license holder or applicant is found
to have not committed unprofessional conduct, the disciplining authority shall forthwith prepare and serve findings of
fact and an order of dismissal of the charges, including public
exoneration of the licensee or applicant. The findings of fact
and order shall be retained by the disciplining authority as a
permanent record.
(2) The disciplining authority shall report the issuance of
statements of charges and final orders in cases processed by
the disciplining authority to:
(a) The person or agency who brought to the disciplining
authority's attention information which resulted in the initiation of the case;
(b) Appropriate organizations, public or private, which
serve the professions;
(c) The public. Notification of the public shall include
press releases to appropriate local news media and the major
news wire services; and
[Title 18 RCW—page 281]
18.130.120
Title 18 RCW: Businesses and Professions
(d) Counterpart licensing boards in other states, or associations of state licensing boards.
(3) This section shall not be construed to require the
reporting of any information which is exempt from public
disclosure under chapter 42.17 RCW. [1989 c 175 § 70; 1984
c 279 § 11.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.130.120
18.130.120 Actions against license—Exception. The
department shall not issue any license to any person whose
license has been denied, revoked, or suspended by the disciplining authority except in conformity with the terms and
conditions of the certificate or order of denial, revocation, or
suspension, or in conformity with any order of reinstatement
issued by the disciplining authority, or in accordance with the
final judgment in any proceeding for review instituted under
this chapter. [1984 c 279 § 12.]
18.130.125
18.130.125 License suspension—Nonpayment or
default on educational loan or scholarship. The department shall suspend the license of any person who has been
certified by a lending agency and reported to the department
for nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person's license
shall not be reissued until the person provides the department
a written release issued by the lending agency stating that the
person is making payments on the loan in accordance with a
repayment agreement approved by the lending agency. If the
person has continued to meet all other requirements for licensure during the suspension, reinstatement shall be automatic
upon receipt of the notice and payment of any reinstatement
fee the department may impose. [1996 c 293 § 18.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.130.127
18.130.127 License suspension—Noncompliance
with support order—Reissuance. The secretary shall
immediately suspend the license of any person subject to this
chapter who has been certified by the department of social
and health services as a person who is not in compliance with
a support order or a *residential or visitation order as provided in RCW 74.20A.320. [1997 c 58 § 830.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.130.130
18.130.130 Orders—When effective—Stay. An order
pursuant to proceedings authorized by this chapter, after due
notice and findings in accordance with this chapter and chap[Title 18 RCW—page 282]
ter 34.05 RCW, or an order of summary suspension entered
under this chapter, shall take effect immediately upon its
being served. The order, if appealed to the court, shall not be
stayed pending the appeal unless the disciplining authority or
court to which the appeal is taken enters an order staying the
order of the disciplining authority, which stay shall provide
for terms necessary to protect the public. [1986 c 259 § 7;
1984 c 279 § 13.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.140
18.130.140 Appeal. An individual who has been disciplined or whose license has been denied by a disciplining
authority may appeal the decision as provided in chapter
34.05 RCW. [1984 c 279 § 14.]
18.130.150
18.130.150 Reinstatement. A person whose license
has been suspended or revoked under this chapter may petition the disciplining authority for reinstatement after an interval as determined by the disciplining authority in the order.
The disciplining authority shall hold hearings on the petition
and may deny the petition or may order reinstatement and
impose terms and conditions as provided in RCW 18.130.160
and issue an order of reinstatement. The disciplining authority may require successful completion of an examination as a
condition of reinstatement.
A person whose license has been suspended for noncompliance with a support order or a *residential or visitation
order under RCW 74.20A.320 may petition for reinstatement
at any time by providing the secretary a release issued by the
department of social and health services stating that the person is in compliance with the order. If the person has continued to meet all other requirements for reinstatement during
the suspension, the secretary shall automatically reissue the
person's license upon receipt of the release, and payment of a
reinstatement fee, if any. [1997 c 58 § 831; 1984 c 279 § 15.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.130.160
18.130.160 Finding of unprofessional conduct—
Orders—Sanctions—Stay—Costs—Stipulations. Upon a
finding, after hearing, that a license holder or applicant has
committed unprofessional conduct or is unable to practice
with reasonable skill and safety due to a physical or mental
condition, the disciplining authority may issue an order providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific
program of remedial education or treatment;
(2004 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
(5) The monitoring of the practice by a supervisor
approved by the disciplining authority;
(6) Censure or reprimand;
(7) Compliance with conditions of probation for a designated period of time;
(8) Payment of a fine for each violation of this chapter,
not to exceed five thousand dollars per violation. Funds
received shall be placed in the health professions account;
(9) Denial of the license request;
(10) Corrective action;
(11) Refund of fees billed to and collected from the consumer;
(12) A surrender of the practitioner's license in lieu of
other sanctions, which must be reported to the federal data
bank.
Any of the actions under this section may be totally or
partly stayed by the disciplining authority. In determining
what action is appropriate, the disciplining authority must
first consider what sanctions are necessary to protect or compensate the public. Only after such provisions have been
made may the disciplining authority consider and include in
the order requirements designed to rehabilitate the license
holder or applicant. All costs associated with compliance
with orders issued under this section are the obligation of the
license holder or applicant.
The licensee or applicant may enter into a stipulated disposition of charges that includes one or more of the sanctions
of this section, but only after a statement of charges has been
issued and the licensee has been afforded the opportunity for
a hearing and has elected on the record to forego such a hearing. The stipulation shall either contain one or more specific
findings of unprofessional conduct or inability to practice, or
a statement by the licensee acknowledging that evidence is
sufficient to justify one or more specified findings of unprofessional conduct or inability to practice. The stipulation
entered into pursuant to this subsection shall be considered
formal disciplinary action for all purposes. [2001 c 195 § 1;
1993 c 367 § 6; 1986 c 259 § 8; 1984 c 279 § 16.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.165
18.130.165 Enforcement of fine. Where an order for
payment of a fine is made as a result of a hearing under RCW
18.130.100 or 18.130.190 and timely payment is not made as
directed in the final order, the disciplining authority may
enforce the order for payment in the superior court in the
county in which the hearing was held. This right of enforcement shall be in addition to any other rights the disciplining
authority may have as to any licensee ordered to pay a fine
but shall not be construed to limit a licensee's ability to seek
judicial review under RCW 18.130.140.
In any action for enforcement of an order of payment of
a fine, the disciplining authority's order is conclusive proof of
the validity of the order of payment of a fine and the terms of
payment. [1993 c 367 § 20; 1987 c 150 § 4.]
Severability—1987 c 150: See RCW 18.122.901.
18.130.170
18.130.170 Capacity of license holder to practice—
Hearing—Mental or physical examination—Implied consent. (1) If the disciplining authority believes a license
holder or applicant may be unable to practice with reasonable
(2004 Ed.)
18.130.170
skill and safety to consumers by reason of any mental or
physical condition, a statement of charges in the name of the
disciplining authority shall be served on the license holder or
applicant and notice shall also be issued providing an opportunity for a hearing. The hearing shall be limited to the sole
issue of the capacity of the license holder or applicant to practice with reasonable skill and safety. If the disciplining
authority determines that the license holder or applicant is
unable to practice with reasonable skill and safety for one of
the reasons stated in this subsection, the disciplining authority shall impose such sanctions under RCW 18.130.160 as is
deemed necessary to protect the public.
(2)(a) In investigating or adjudicating a complaint or
report that a license holder or applicant may be unable to
practice with reasonable skill or safety by reason of any mental or physical condition, the disciplining authority may
require a license holder or applicant to submit to a mental or
physical examination by one or more licensed or certified
health professionals designated by the disciplining authority.
The license holder or applicant shall be provided written
notice of the disciplining authority's intent to order a mental
or physical examination, which notice shall include: (i) A
statement of the specific conduct, event, or circumstances
justifying an examination; (ii) a summary of the evidence
supporting the disciplining authority's concern that the
license holder or applicant may be unable to practice with
reasonable skill and safety by reason of a mental or physical
condition, and the grounds for believing such evidence to be
credible and reliable; (iii) a statement of the nature, purpose,
scope, and content of the intended examination; (iv) a statement that the license holder or applicant has the right to
respond in writing within twenty days to challenge the disciplining authority's grounds for ordering an examination or to
challenge the manner or form of the examination; and (v) a
statement that if the license holder or applicant timely
responds to the notice of intent, then the license holder or
applicant will not be required to submit to the examination
while the response is under consideration.
(b) Upon submission of a timely response to the notice of
intent to order a mental or physical examination, the license
holder or applicant shall have an opportunity to respond to or
refute such an order by submission of evidence or written
argument or both. The evidence and written argument supporting and opposing the mental or physical examination
shall be reviewed by either a panel of the disciplining authority members who have not been involved with the allegations
against the license holder or applicant or a neutral decision
maker approved by the disciplining authority. The reviewing
panel of the disciplining authority or the approved neutral
decision maker may, in its discretion, ask for oral argument
from the parties. The reviewing panel of the disciplining
authority or the approved neutral decision maker shall prepare a written decision as to whether: There is reasonable
cause to believe that the license holder or applicant may be
unable to practice with reasonable skill and safety by reason
of a mental or physical condition, or the manner or form of
the mental or physical examination is appropriate, or both.
(c) Upon receipt by the disciplining authority of the written decision, or upon the failure of the license holder or applicant to timely respond to the notice of intent, the disciplining
authority may issue an order requiring the license holder or
[Title 18 RCW—page 283]
18.130.172
Title 18 RCW: Businesses and Professions
applicant to undergo a mental or physical examination. All
such mental or physical examinations shall be narrowly tailored to address only the alleged mental or physical condition
and the ability of the license holder or applicant to practice
with reasonable skill and safety. An order of the disciplining
authority requiring the license holder or applicant to undergo
a mental or physical examination is not a final order for purposes of appeal. The cost of the examinations ordered by the
disciplining authority shall be paid out of the health professions account. In addition to any examinations ordered by the
disciplining authority, the licensee may submit physical or
mental examination reports from licensed or certified health
professionals of the license holder's or applicant's choosing
and expense.
(d) If the disciplining authority finds that a license holder
or applicant has failed to submit to a properly ordered mental
or physical examination, then the disciplining authority may
order appropriate action or discipline und er RCW
18.130.180(9), unless the failure was due to circumstances
beyond the person's control. However, no such action or discipline may be imposed unless the license holder or applicant
has had the notice and opportunity to challenge the disciplining authority's grounds for ordering the examination, to challenge the manner and form, to assert any other defenses, and
to have such challenges or defenses considered by either a
panel of the disciplining authority members who have not
been involved with the allegations against the license holder
or applicant or a neutral decision maker approved by the disciplining authority, as previously set forth in this section.
Further, the action or discipline ordered by the disciplining
authority shall not be more severe than a suspension of the
license, certification, registration or application until such
time as the license holder or applicant complies with the
properly ordered mental or physical examination.
(e) Nothing in this section shall restrict the power of a
disciplining authority to act in an emergency under RCW
34.05.422(4), 34.05.479, and 18.130.050(7).
(f) A determination by a court of competent jurisdiction
that a license holder or applicant is mentally incompetent or
mentally ill is presumptive evidence of the license holder's or
applicant's inability to practice with reasonable skill and
safety. An individual affected under this section shall at reasonable intervals be afforded an opportunity, at his or her
expense, to demonstrate that the individual can resume competent practice with reasonable skill and safety to the consumer.
(3) For the purpose of subsection (2) of this section, an
applicant or license holder governed by this chapter, by making application, practicing, or filing a license renewal, is
deemed to have given consent to submit to a mental, physical,
or psychological examination when directed in writing by the
disciplining authority and further to have waived all objections to the admissibility or use of the examining health professional's testimony or examination reports by the disciplining authority on the ground that the testimony or reports constitute privileged communications. [1995 c 336 § 8; 1987 c
150 § 6; 1986 c 259 § 9; 1984 c 279 § 17.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
[Title 18 RCW—page 284]
18.130.172
18.130.172 Evidence summary and stipulations. (1)
Prior to serving a statement of charges under RCW
18.130.090 or 18.130.170, the disciplinary authority may furnish a statement of allegations to the licensee or applicant
along with a detailed summary of the evidence relied upon to
establish the allegations and a proposed stipulation for informal resolution of the allegations. These documents shall be
exempt from public disclosure until such time as the allegations are resolved either by stipulation or otherwise.
(2) The disciplinary authority and the applicant or licensee may stipulate that the allegations may be disposed of
informally in accordance with this subsection. The stipulation shall contain a statement of the facts leading to the filing
of the complaint; the act or acts of unprofessional conduct
alleged to have been committed or the alleged basis for determining that the applicant or licensee is unable to practice with
reasonable skill and safety; a statement that the stipulation is
not to be construed as a finding of either unprofessional conduct or inability to practice; an acknowledgement that a finding of unprofessional conduct or inability to practice, if
proven, constitutes grounds for discipline under this chapter;
and an agreement on the part of the licensee or applicant that
the sanctions set forth in RCW 18.130.160, except RCW
18.130.160 (1), (2), (6), and (8), may be imposed as part of
the stipulation, except that no fine may be imposed but the
licensee or applicant may agree to reimburse the disciplinary
authority the costs of investigation and processing the complaint up to an amount not exceeding one thousand dollars
per allegation; and an agreement on the part of the disciplinary authority to forego further disciplinary proceedings concerning the allegations. A stipulation entered into pursuant to
this subsection shall not be considered formal disciplinary
action.
(3) If the licensee or applicant declines to agree to disposition of the charges by means of a stipulation pursuant to
subsection (2) of this section, the disciplinary authority may
proceed to formal disciplinary action pursuant to RCW
18.130.090 or 18.130.170.
(4) Upon execution of a stipulation under subsection (2)
of this section by both the licensee or applicant and the disciplinary authority, the complaint is deemed disposed of and
shall become subject to public disclosure on the same basis
and to the same extent as other records of the disciplinary
authority. Should the licensee or applicant fail to pay any
agreed reimbursement within thirty days of the date specified
in the stipulation for payment, the disciplinary authority may
seek collection of the amount agreed to be paid in the same
manner as enforcement of a fine under RCW 18.130.165.
[2000 c 171 § 29; 1993 c 367 § 7.]
18.130.175
18.130.175 Voluntary substance abuse monitoring
programs. (1) In lieu of disciplinary action under RCW
18.130.160 and if the disciplining authority determines that
the unprofessional conduct may be the result of substance
abuse, the disciplining authority may refer the license holder
to a voluntary substance abuse monitoring program approved
by the disciplining authority.
The cost of the treatment shall be the responsibility of
the license holder, but the responsibility does not preclude
payment by an employer, existing insurance coverage, or
other sources. Primary alcoholism or other drug addiction
(2004 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
treatment shall be provided by approved treatment programs
under RCW 70.96A.020 or by any other provider approved
by the entity or the commission. However, nothing shall prohibit the disciplining authority from approving additional services and programs as an adjunct to primary alcoholism or
other drug addiction treatment. The disciplining authority
may also approve the use of out-of-state programs. Referral
of the license holder to the program shall be done only with
the consent of the license holder. Referral to the program may
also include probationary conditions for a designated period
of time. If the license holder does not consent to be referred
to the program or does not successfully complete the program, the disciplining authority may take appropriate action
under RCW 18.130.160. The secretary shall adopt uniform
rules for the evaluation by the disciplinary authority of a
relapse or program violation on the part of a license holder in
the substance abuse monitoring program. The evaluation
shall encourage program participation with additional conditions, in lieu of disciplinary action, when the disciplinary
authority determines that the license holder is able to continue to practice with reasonable skill and safety.
(2) In addition to approving substance abuse monitoring
programs that may receive referrals from the disciplining
authority, the disciplining authority may establish by rule
requirements for participation of license holders who are not
being investigated or monitored by the disciplining authority
for substance abuse. License holders voluntarily participating
in the approved programs without being referred by the disciplining authority shall not be subject to disciplinary action
under RCW 18.130.160 for their substance abuse, and shall
not have their participation made known to the disciplining
authority, if they meet the requirements of this section and
the program in which they are participating.
(3) The license holder shall sign a waiver allowing the
program to release information to the disciplining authority if
the licensee does not comply with the requirements of this
section or is unable to practice with reasonable skill or safety.
The substance abuse program shall report to the disciplining
authority any license holder who fails to comply with the
requirements of this section or the program or who, in the
opinion of the program, is unable to practice with reasonable
skill or safety. License holders shall report to the disciplining
authority if they fail to comply with this section or do not
complete the program's requirements. License holders may,
upon the agreement of the program and disciplining authority, reenter the program if they have previously failed to comply with this section.
(4) The treatment and pretreatment records of license
holders referred to or voluntarily participating in approved
programs shall be confidential, shall be exempt from RCW
42.17.250 through 42.17.450, and shall not be subject to discovery by subpoena or admissible as evidence except for
monitoring records reported to the disciplining authority for
cause as defined in subsection (3) of this section. Monitoring
records relating to license holders referred to the program by
the disciplining authority or relating to license holders
reported to the disciplining authority by the program for
cause, shall be released to the disciplining authority at the
request of the disciplining authority. Records held by the disciplining authority under this section shall be exempt from
(2004 Ed.)
18.130.180
RCW 42.17.250 through 42.17.450 and shall not be subject
to discovery by subpoena except by the license holder.
(5) "Substance abuse," as used in this section, means the
impairment, as determined by the disciplining authority, of a
license holder's professional services by an addiction to, a
dependency on, or the use of alcohol, legend drugs, or controlled substances.
(6) This section does not affect an employer's right or
ability to make employment-related decisions regarding a
license holder. This section does not restrict the authority of
the disciplining authority to take disciplinary action for any
other unprofessional conduct.
(7) A person who, in good faith, reports information or
takes action in connection with this section is immune from
civil liability for reporting information or taking the action.
(a) The immunity from civil liability provided by this
section shall be liberally construed to accomplish the purposes of this section and the persons entitled to immunity
shall include:
(i) An approved monitoring treatment program;
(ii) The professional association operating the program;
(iii) Members, employees, or agents of the program or
association;
(iv) Persons reporting a license holder as being possibly
impaired or providing information about the license holder's
impairment; and
(v) Professionals supervising or monitoring the course of
the impaired license holder's treatment or rehabilitation.
(b) The courts are strongly encouraged to impose sanctions on clients and their attorneys whose allegations under
this subsection are not made in good faith and are without
either reasonable objective, substantive grounds, or both.
(c) The immunity provided in this section is in addition
to any other immunity provided by law. [1998 c 132 § 10;
1993 c 367 § 3; 1991 c 3 § 270; 1988 c 247 § 2.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Legislative intent—1988 c 247: "Existing law does not provide for a
program for rehabilitation of health professionals whose competency may be
impaired due to the abuse of alcohol and other drugs.
It is the intent of the legislature that the disciplining authorities seek
ways to identify and support the rehabilitation of health professionals whose
practice or competency may be impaired due to the abuse of drugs or alcohol. The legislature intends that such health professionals be treated so that
they can return to or continue to practice their profession in a way which
safeguards the public. The legislature specifically intends that the disciplining authorities establish an alternative program to the traditional administrative proceedings against such health professionals." [1988 c 247 § 1.]
18.130.180
18.130.180 Unprofessional conduct. The following
conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under the jurisdiction
of this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the
person's profession, whether the act constitutes a crime or
not. If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary action.
Upon such a conviction, however, the judgment and sentence
is conclusive evidence at the ensuing disciplinary hearing of
the guilt of the license holder or applicant of the crime
described in the indictment or information, and of the person's violation of the statute on which it is based. For the pur[Title 18 RCW—page 285]
18.130.185
Title 18 RCW: Businesses and Professions
poses of this section, conviction includes all instances in
which a plea of guilty or nolo contendere is the basis for the
conviction and all proceedings in which the sentence has
been deferred or suspended. Nothing in this section abrogates
rights guaranteed under chapter 9.96A RCW;
(2) Misrepresentation or concealment of a material fact
in obtaining a license or in reinstatement thereof;
(3) All advertising which is false, fraudulent, or misleading;
(4) Incompetence, negligence, or malpractice which
results in injury to a patient or which creates an unreasonable
risk that a patient may be harmed. The use of a nontraditional
treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury to a patient or
create an unreasonable risk that a patient may be harmed;
(5) Suspension, revocation, or restriction of the individual's license to practice any health care profession by competent authority in any state, federal, or foreign jurisdiction, a
certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or restriction;
(6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way
other than for legitimate or therapeutic purposes, diversion of
controlled substances or legend drugs, the violation of any
drug law, or prescribing controlled substances for oneself;
(7) Violation of any state or federal statute or administrative rule regulating the profession in question, including any
statute or rule defining or establishing standards of patient
care or professional conduct or practice;
(8) Failure to cooperate with the disciplining authority
by:
(a) Not furnishing any papers or documents;
(b) Not furnishing in writing a full and complete explanation covering the matter contained in the complaint filed
with the disciplining authority;
(c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is
the accused in the proceeding; or
(d) Not providing reasonable and timely access for
authorized representatives of the disciplining authority seeking to perform practice reviews at facilities utilized by the
license holder;
(9) Failure to comply with an order issued by the disciplining authority or a stipulation for informal disposition
entered into with the disciplining authority;
(10) Aiding or abetting an unlicensed person to practice
when a license is required;
(11) Violations of rules established by any health
agency;
(12) Practice beyond the scope of practice as defined by
law or rule;
(13) Misrepresentation or fraud in any aspect of the conduct of the business or profession;
(14) Failure to adequately supervise auxiliary staff to the
extent that the consumer's health or safety is at risk;
(15) Engaging in a profession involving contact with the
public while suffering from a contagious or infectious disease
involving serious risk to public health;
(16) Promotion for personal gain of any unnecessary or
inefficacious drug, device, treatment, procedure, or service;
[Title 18 RCW—page 286]
(17) Conviction of any gross misdemeanor or felony
relating to the practice of the person's profession. For the purposes of this subsection, conviction includes all instances in
which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been
deferred or suspended. Nothing in this section abrogates
rights guaranteed under chapter 9.96A RCW;
(18) The procuring, or aiding or abetting in procuring, a
criminal abortion;
(19) The offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for any
health condition by a method, means, or procedure which the
licensee refuses to divulge upon demand of the disciplining
authority;
(20) The willful betrayal of a practitioner-patient privilege as recognized by law;
(21) Violation of chapter 19.68 RCW;
(22) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
disciplining authority or its authorized representative, or by
the use of threats or harassment against any patient or witness
to prevent them from providing evidence in a disciplinary
proceeding or any other legal action, or by the use of financial
inducements to any patient or witness to prevent or attempt to
prevent him or her from providing evidence in a disciplinary
proceeding;
(23) Current misuse of:
(a) Alcohol;
(b) Controlled substances; or
(c) Legend drugs;
(24) Abuse of a client or patient or sexual contact with a
client or patient;
(25) Acceptance of more than a nominal gratuity, hospitality, or subsidy offered by a representative or vendor of
medical or health-related products or services intended for
patients, in contemplation of a sale or for use in research publishable in professional journals, where a conflict of interest
is presented, as defined by rules of the disciplining authority,
in consultation with the department, based on recognized professional ethical standards. [1995 c 336 § 9; 1993 c 367 § 22.
Prior: 1991 c 332 § 34; 1991 c 215 § 3; 1989 c 270 § 33; 1986
c 259 § 10; 1984 c 279 § 18.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.185
18.130.185 Injunctive relief for violations of RCW
18.130.170 or 18.130.180. If a person or business regulated
by this chapter violates RCW 18.130.170 or 18.130.180, the
attorney general, any prosecuting attorney, the secretary, the
board, or any other person may maintain an action in the
name of the state of Washington to enjoin the person from
committing the violations. The injunction shall not relieve
the offender from criminal prosecution, but the remedy by
injunction shall be in addition to the liability of the offender
to criminal prosecution and disciplinary action. [1993 c 367
§ 8; 1987 c 150 § 8; 1986 c 259 § 15.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
(2004 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
18.130.186
18.130.186 Voluntary substance abuse monitoring
program—Content—License surcharge. (1) To implement a substance abuse monitoring program for license holders specified under RCW 18.130.040, who are impaired by
substance abuse, the disciplinary authority may enter into a
contract with a voluntary substance abuse program under
RCW 18.130.175. The program may include any or all of the
following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected
impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired license holders to treatment programs;
(e) Monitoring the treatment and rehabilitation of
impaired license holders including those ordered by the disciplinary authority;
(f) Providing education, prevention of impairment, posttreatment monitoring, and support of rehabilitated impaired
license holders; and
(g) Performing other activities as agreed upon by the disciplinary authority.
(2) A contract entered into under subsection (1) of this
section may be financed by a surcharge on each license issuance or renewal to be collected by the department of health
from the license holders of the same regulated health profession. These moneys shall be placed in the health professions
account to be used solely for the implementation of the program. [1993 c 367 § 9; 1989 c 125 § 3.]
18.130.190
18.130.190 Practice without license—Investigation of
complaints—Cease and desist orders—Injunctions—
Penalties. (1) The secretary shall investigate complaints
concerning practice by unlicensed persons of a profession or
business for which a license is required by the chapters specified in RCW 18.130.040. In the investigation of the complaints, the secretary shall have the same authority as provided the secretary under RCW 18.130.050.
(2) The secretary may issue a notice of intention to issue
a cease and desist order to any person whom the secretary has
reason to believe is engaged in the unlicensed practice of a
profession or business for which a license is required by the
chapters specified in RCW 18.130.040. The person to whom
such notice is issued may request an adjudicative proceeding
to contest the charges. The request for hearing must be filed
within twenty days after service of the notice of intention to
issue a cease and desist order. The failure to request a hearing constitutes a default, whereupon the secretary may enter
a permanent cease and desist order, which may include a civil
fine. All proceedings shall be conducted in accordance with
chapter 34.05 RCW.
(3) If the secretary makes a final determination that a
person has engaged or is engaging in unlicensed practice, the
secretary may issue a cease and desist order. In addition, the
secretary may impose a civil fine in an amount not exceeding
one thousand dollars for each day upon which the person
engaged in unlicensed practice of a business or profession for
which a license is required by one or more of the chapters
specified in RCW 18.130.040. The proceeds of such fines
shall be deposited to the health professions account.
(2004 Ed.)
18.130.190
(4) If the secretary makes a written finding of fact that
the public interest will be irreparably harmed by delay in
issuing an order, the secretary may issue a temporary cease
and desist order. The person receiving a temporary cease and
desist order shall be provided an opportunity for a prompt
hearing. The temporary cease and desist order shall remain
in effect until further order of the secretary. The failure to
request a prompt or regularly scheduled hearing constitutes a
default, whereupon the secretary may enter a permanent
cease and desist order, which may include a civil fine.
(5) Neither the issuance of a cease and desist order nor
payment of a civil fine shall relieve the person so practicing
or operating a business without a license from criminal prosecution therefor, but the remedy of a cease and desist order or
civil fine shall be in addition to any criminal liability. The
cease and desist order is conclusive proof of unlicensed practice and may be enforced under RCW 7.21.060. This method
of enforcement of the cease and desist order or civil fine may
be used in addition to, or as an alternative to, any provisions
for enforcement of agency orders set out in chapter 34.05
RCW.
(6) The attorney general, a county prosecuting attorney,
the secretary, a board, or any person may in accordance with
the laws of this state governing injunctions, maintain an
action in the name of this state to enjoin any person practicing
a profession or business for which a license is required by the
chapters specified in RCW 18.130.040 without a license from
engaging in such practice or operating such business until the
required license is secured. However, the injunction shall not
relieve the person so practicing or operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in addition to any criminal liability.
(7)(a) Unlicensed practice of a profession or operating a
business for which a license is required by the chapters specified in RCW 18.130.040, unless otherwise exempted by law,
constitutes a gross misdemeanor for a single violation.
(b) Each subsequent violation, whether alleged in the
same or in subsequent prosecutions, is a class C felony punishable according to chapter 9A.20 RCW.
(8) All fees, fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section shall
be remitted to the health professions account. [2003 c 53 §
141; 2001 c 207 § 2. Prior: 1995 c 285 § 35; 1993 c 367 §
19; 1991 c 3 § 271; prior: 1989 c 373 § 20; 1989 c 175 § 71;
1987 c 150 § 7; 1986 c 259 § 11; 1984 c 279 § 19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Purpose—2001 c 207: "The purpose of this act is to respond to State v.
Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes,
legislation relating to the crime of unlicensed practice of a profession or a
business, enacted as section 35, chapter 285, Laws of 1995." [2001 c 207 §
1.]
Effective date—2001 c 207: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 207 § 4.]
Effective date—1995 c 285: See RCW 48.30A.900.
Severability—1989 c 373: See RCW 7.21.900.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
[Title 18 RCW—page 287]
18.130.195
Title 18 RCW: Businesses and Professions
18.130.195 Violation of injunction—Penalty. A person or business that violates an injunction issued under this
chapter shall pay a civil penalty, as determined by the court,
of not more than twenty-five thousand dollars, which shall be
placed in the health professions account. For the purpose of
this section, the superior court issuing any injunction shall
retain jurisdiction and the cause shall be continued, and in
such cases the attorney general acting in the name of the state
may petition for the recovery of civil penalties. [1987 c 150
§ 5.]
18.130.195
Severability—1987 c 150: See RCW 18.122.901.
18.130.200 Fraud or misrepresentation in obtaining
or maintaining a license—Penalty. A person who attempts
to obtain, obtains, or attempts to maintain a license by willful
misrepresentation or fraudulent representation is guilty of a
gross misdemeanor. [1997 c 392 § 517; 1986 c 259 § 12;
1984 c 279 § 20.]
each pilot project. The department shall report to the legislature in January of each odd-numbered year concerning the
progress and findings of the projects and shall make recommendations on the expansion of continued competency
requirements to other licensed health professions.
Each disciplinary authority shall establish its pilot
project in rule and may support the projects from a surcharge
on each of the affected profession's license renewal in an
amount established by the secretary. [1991 c 332 § 3.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.130.200
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.210 Crime by license holder—Notice to attorney general or county prosecuting attorney. If the disciplining authority determines or has cause to believe that a
license holder has committed a crime, the disciplining authority, immediately subsequent to issuing findings of fact and a
final order, shall notify the attorney general or the county
prosecuting attorney in the county in which the act took place
of the facts known to the disciplining authority. [1986 c 259
§ 13; 1984 c 279 § 22.]
18.130.210
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.250 Retired active license status. The disciplining authority may adopt rules pursuant to this section
authorizing a retired active license status. An individual credentialed by a disciplining authority regulated in the state
under RCW 18.130.040, who is practicing only in emergent
or intermittent circumstances as defined by rule established
by the disciplining authority, may hold a retired active license
at a reduced renewal fee established by the secretary under
RCW 43.70.250. Such a license shall meet the continuing
education or continued competency requirements, if any,
established by the disciplining authority for renewals, and is
subject to the provisions of this chapter. Individuals who
have entered into retired status agreements with the disciplinary authority in any jurisdiction shall not qualify for a retired
active license under this section. [1991 c 229 § 1.]
18.130.250
18.130.270 Continuing competency pilot projects.
The disciplinary authorities are authorized to develop and
require licensees' participation in continuing competency
pilot projects for the purpose of developing flexible, costefficient, effective, and geographically accessible competency assurance methods. The secretary shall establish criteria for development of pilot projects and shall select the disciplinary authorities that will participate from among the professions requesting participation. The department shall
administer the projects in mutual cooperation with the disciplinary authority and shall allot and administer the budget for
18.130.270
[Title 18 RCW—page 288]
18.130.300
18.130.300 Immunity from liability. (1) The secretary, members of the boards or commissions, or individuals
acting on their behalf are immune from suit in any action,
civil or criminal, based on any disciplinary proceedings or
other official acts performed in the course of their duties.
(2) A voluntary substance abuse monitoring program or
an impaired practitioner program approved by a disciplining
authority, or individuals acting on their behalf, are immune
from suit in a civil action based on any disciplinary proceedings or other official acts performed in the course of their
duties. [1998 c 132 § 11; 1994 sp.s. c 9 § 605; 1993 c 367 §
10; 1984 c 279 § 21.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.130.310
18.130.310 Biennial reports—Format. Subject to
RCW 40.07.040, the disciplinary authority shall submit a
biennial report to the legislature on its proceedings during the
biennium, detailing the number of complaints made, investigated, and adjudicated and manner of disposition. The report
may include recommendations for improving the disciplinary
process, including proposed legislation. The department shall
develop a uniform report format. [1989 1st ex.s. c 9 § 313;
1987 c 505 § 5; 1984 c 279 § 23.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
18.130.340
18.130.340 Opiate therapy guidelines. The secretary
of health shall coordinate and assist the regulatory boards and
commissions of the health professions with prescriptive
authority in the development of uniform guidelines for
addressing opiate therapy for acute pain, and chronic pain
associated with cancer and other terminal diseases, or other
chronic or intractable pain conditions. The purpose of the
guidelines is to assure the provision of effective medical
treatment in accordance with recognized national standards
and consistent with requirements of the public health and
safety. [1995 c 336 § 10.]
18.130.350
18.130.350 Application—Use of records or exchange
of information not affected. This chapter does not affect the
use of records, obtained from the secretary or the disciplining
authorities, in any existing investigation or action by any
state agency. Nor does this chapter limit any existing
exchange of information between the secretary or the disciplining authorities and other state agencies. [1997 c 270 § 3.]
(2004 Ed.)
Health Care Assistants
18.130.900 Short title—Applicability. (1) This chapter shall be known and cited as the uniform disciplinary act.
(2) This chapter applies to any conduct, acts, or conditions occurring on or after June 11, 1986.
(3) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or
conditions occurring prior to June 11, 1986. Such conduct,
acts, or conditions must be construed and disciplinary action
taken according to the provisions of law existing at the time
of the occurrence in the same manner as if this chapter had
not been enacted. [1986 c 259 § 14; 1984 c 279 § 24.]
18.130.900
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.901 Severability—1984 c 279. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 279 § 95.]
18.130.901
Chapter 18.135
Chapter 18.135 RCW
HEALTH CARE ASSISTANTS
Sections
18.135.010
18.135.020
18.135.025
18.135.030
18.135.040
18.135.050
18.135.055
18.135.060
18.135.062
18.135.065
18.135.070
18.135.090
18.135.100
Practices authorized.
Definitions.
Rules—Legislative intent.
Health care assistant profession—Duties—Requirements for
certification—Rules.
Certification of health care assistants.
Certification by health care facility or practitioner—Roster—
Recertification.
Registering an initial or continuing certification—Fees.
Conditions for performing authorized functions—Renal dialysis.
Renal dialysis training task force—Development of core competencies.
Delegation—Duties of delegator and delegatee.
Complaints—Violations—Investigations—Disciplinary
action.
Performance of authorized functions.
Uniform Disciplinary Act.
18.135.010 Practices authorized. It is in the public
interest that limited authority to administer skin tests and subcutaneous, intradermal, intramuscular, and intravenous injections and to perform minor invasive procedures to withdraw
blood in this state be granted to health care assistants who are
not so authorized under existing licensing statutes, subject to
such regulations as will assure the protection of the health
and safety of the patient. [1984 c 281 § 1.]
18.135.010
18.135.020 Definitions. As used in this chapter:
(1) "Secretary" means the secretary of health.
(2) "Health care assistant" means an unlicensed person
who assists a licensed health care practitioner in providing
health care to patients pursuant to this chapter. However persons trained by a federally approved end-stage renal disease
facility who perform end-stage renal dialysis in the home setting are exempt from certification under this chapter.
(3) "Health care practitioner" means:
(a) A physician licensed under chapter 18.71 RCW;
(b) An osteopathic physician or surgeon licensed under
chapter 18.57 RCW; or
(c) Acting within the scope of their respective licensure,
a podiatric physician and surgeon licensed under chapter
18.135.020
(2004 Ed.)
18.135.030
18.22 RCW, a registered nurse or advanced registered nurse
practitioner licensed under chapter 18.79 RCW, or a naturopath licensed under chapter 18.36A RCW.
(4) "Supervision" means supervision of procedures permitted pursuant to this chapter by a health care practitioner
who is physically present and is immediately available in the
facility during the administration of injections, as defined in
this chapter, but need not be present during procedures to
withdraw blood.
(5) "Health care facility" means any hospital, hospice
care center, licensed or certified health care facility, health
maintenance organization regulated under chapter 48.46
RCW, federally qualified health maintenance organization,
renal dialysis center or facility federally approved under 42
C.F.R. 405.2100, blood bank federally licensed under 21
C.F.R. 607, or clinical laboratory certified under 20 C.F.R.
405.1301-16.
(6) "Delegation" means direct authorization granted by a
licensed health care practitioner to a health care assistant to
perform the functions authorized in this chapter which fall
within the scope of practice of the delegator and which are
not within the scope of practice of the delegatee. [2001 c 22
§ 2; 1997 c 133 § 1. Prior: 1994 sp.s. c 9 § 719; 1994 c 76 §
1; 1991 c 3 § 272; 1986 c 115 § 2; 1984 c 281 § 2.]
Effective date—2001 c 22 § 2: "Section 2 of this act takes effect March
1, 2002." [2001 c 22 § 5.]
Finding—2001 c 22: See note following RCW 18.135.062.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.135.025
18.135.025 Rules—Legislative intent. The legislature
declares that the citizenry of the state of Washington has a
right to expect that health care assistants are sufficiently educated and trained to provide the services authorized under
this chapter. It is the intent of the legislature that the regulations implementing this chapter and governing the education
and occupational qualifications, work experience, instruction
and training of health care assistants ensure that the public
health and welfare are protected. [1986 c 216 § 1.]
18.135.030 Health care assistant profession—
Duties—Requirements for certification—Rules. (1) The
secretary or the secretary's designee may appoint members of
the health care assistant profession and other health care practitioners, as defined in RCW 18.135.020(3), to serve in an ad
hoc capacity to assist in carrying out the provisions of this
chapter. The members shall provide advice on matters specifically identified and requested by the secretary. The members
shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060.
(2) In addition to any other authority provided by law,
the secretary shall adopt rules necessary to:
(a) Administer, implement, and enforce this chapter;
(b) Establish the minimum requirements necessary for a
health care facility or health care practitioner to certify a
health care assistant capable of performing the functions
authorized in this chapter; and
(c) Establish minimum requirements for each and every
category of health care assistant.
(3) The rules shall be adopted after fair consideration of
input from representatives of each category. These require18.135.030
[Title 18 RCW—page 289]
18.135.040
Title 18 RCW: Businesses and Professions
ments shall ensure that the public health and welfare are protected and shall include, but not be limited to, the following
factors:
(a) The education and occupational qualifications for the
health care assistant category;
(b) The work experience for the health care assistant category;
(c) The instruction and training provided for the health
care assistant category; and
(d) The types of drugs or diagnostic agents which may be
administered by injection by health care assistants working in
a hospital or nursing home. The rules established under this
subsection shall not prohibit health care assistants working in
a health care facility other than a nursing home or hospital
from performing the functions authorized under this chapter.
[1999 c 151 § 201; 1994 sp.s. c 9 § 515; 1991 c 3 § 273; 1986
c 216 § 2; 1984 c 281 § 4.]
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.135.040 Certification of health care assistants. A
certification issued to a health care assistant pursuant to this
chapter shall be authority to perform only the functions
authorized in RCW 18.135.010 subject to proper delegation
and supervision in the health care facility making the certification or under the supervision of the certifying health care
practitioner in other health care facilities or in his or her
office. No certification made by one health care facility or
health care practitioner is transferrable to another health care
facility or health care practitioner. [1984 c 281 § 3.]
18.135.040
18.135.050 Certification by health care facility or
practitioner—Roster—Recertification. (1) Any health
care facility may certify a health care assistant to perform the
functions authorized in this chapter in that health care facility; and any health care practitioner may certify a health care
assistant capable of performing such services in any health
care facility, or in his or her office, under a health care practitioner's supervision. Before certifying the health care assistant, the health care facility or health care practitioner shall
verify that the health care assistant has met the minimum
requirements established by the secretary under this chapter.
These requirements shall not prevent the certifying entity
from imposing such additional standards as the certifying
entity considers appropriate. The health care facility or health
care practitioner shall provide the licensing authority with a
certified roster of health care assistants who are certified.
(2) Certification and recertification of a health care assistant shall be effective for a period determined by the secretary
under RCW 43.70.250 and 43.70.280. Requirements for
recertification shall be determined by the secretary under
RCW 43.70.250 and 43.70.280. [1996 c 191 § 82; 1991 c 3 §
274; 1984 c 281 § 5.]
18.135.050
18.135.055 Registering an initial or continuing certification—Fees. The health care facility or health care practitioner registering an initial or continuing certification pursuant to the provisions of this chapter shall comply with administrative procedures, administrative requirements, and fees
18.135.055
[Title 18 RCW—page 290]
determined by the secretary as provided in RCW 43.70.250
and 43.70.280.
All fees collected under this section shall be credited to
the health professions account as required in RCW
43.70.320. [1996 c 191 § 83; 1991 c 3 § 275; 1985 c 117 § 1.]
18.135.060 Conditions for performing authorized
functions—Renal dialysis. (1) Except as provided in subsection (2) of this section:
(a) Any health care assistant certified pursuant to this
chapter shall perform the functions authorized in this chapter
only by delegation of authority from the health care practitioner and under the supervision of a health care practitioner acting within the scope of his or her license. In the case of subcutaneous, intradermal and intramuscular and intravenous
injections, a health care assistant may perform such functions
only under the supervision of a health care practitioner having authority, within the scope of his or her license, to order
such procedures.
(b) The health care practitioner who ordered the procedure or a health care practitioner who could order the procedure under his or her license shall be physically present in the
immediate area of a hospital or nursing home where the injection is administered. Sensitivity agents being administered
intradermally or by the scratch method are excluded from this
requirement.
(2) A health care assistant trained by a federally
approved end-stage renal disease facility may perform venipuncture for blood withdrawal, administration of oxygen as
necessary by cannula or mask, venipuncture for placement of
fistula needles, connect to vascular catheter for hemodialysis,
intravenous administration of heparin and sodium chloride
solutions as an integral part of dialysis treatment, and intradermal, subcutaneous, or topical administration of local anesthetics in conjunction with placement of fistula needles, and
intraperitoneal administration of sterile electrolyte solutions
and heparin for peritoneal dialysis: (a) In the center or health
care facility if a registered nurse licensed under chapter 18.79
RCW is physically present and immediately available in such
center or health care facility; or (b) in the patient's home if a
physician and a registered nurse are available for consultation
during the dialysis. [2001 c 22 § 3; 2000 c 171 § 30; 1993 c
13 § 1. Prior: 1986 c 216 § 3; 1986 c 115 § 1; 1984 c 281 § 6.]
18.135.060
Finding—2001 c 22: See note following RCW 18.135.062.
18.135.062 Renal dialysis training task force—Development of core competencies. The secretary of health is
authorized to establish a task force to assist in the development of core competencies and minimum training standards
for mandatory training programs to be utilized by renal dialysis facilities for training hemodialysis technicians as health
care assistants pursuant to chapter 22, Laws of 2001. The secretary shall appoint to the task force persons knowledgeable
in renal dialysis practice, including nephrologists, dialysis
nurses, patient care hemodialysis technicians, dialysis
patients, and other individuals with expertise. The secretary
may appoint succeeding advisory task forces for reviewing
and updating future requirements as necessary. [2001 c 22 §
4.]
18.135.062
Finding—2001 c 22: "There are concerns about the quality of care dialysis patients are receiving due to the lack of uniform training standards for
(2004 Ed.)
Dietitians and Nutritionists
hemodialysis clinical personnel working in renal dialysis facilities in this
state. Currently, hemodialysis technicians are trained by the facilities, and
most facilities have established training programs providing from six to eight
weeks of ongoing training. Training is not standardized and varies among
facilities. Some facilities offer no on-site training. National studies indicate
that renal dialysis facilities avoid costs by reducing staffing levels and substituting untrained technicians for professional nurses generally in response
to inadequate medicare reimbursements. These studies also suggest a resulting increase in patient morbidity and mortality.
The legislature finds that the regulation of hemodialysis technicians
will increase the level of professionalism in the state's renal dialysis facilities, providing increased quality assurance for patients, health care providers,
third-party payers, and the public in general. The legislature declares that this
act furthers the public health, safety, and welfare of the people of the state."
[2001 c 22 § 1.]
18.135.065
18.135.065 Delegation—Duties of delegator and delegatee. (1) Each delegator, as defined under RCW
18.135.020(6) shall maintain a list of specific medications,
diagnostic agents, and the route of administration of each that
he or she has authorized for injection. Both the delegator and
delegatee shall sign the above list, indicating the date of each
signature. The signed list shall be forwarded to the secretary
of the department of health and shall be available for review.
(2) Delegatees are prohibited from administering any
controlled substance as defined in RCW 69.50.101(d), any
experimental drug, and any cancer chemotherapy agent
unless a delegator is physically present in the immediate area
where the drug is administered. [1991 c 3 § 276; 1986 c 216
§ 4.]
18.135.070 Complaints—Violations—Investigations—Disciplinary action. The licensing authority of
health care facilities or the disciplining authority of the delegating or supervising health care practitioner shall investigate
all complaints or allegations of violations of proper certification of a health care assistant or violations of delegation of
authority or supervision. A substantiated violation shall constitute sufficient cause for disciplinary action by the licensing
authority of a health care facility or the disciplining authority
of the health care practitioner. [1993 c 367 § 11; 1984 c 281
§ 7.]
18.135.070
18.135.090
18.135.090 Performance of authorized functions.
The performance of the functions authorized in this chapter
by a health care assistant pursuant to this chapter does not
constitute unlicensed practice as a health care practitioner.
[1984 c 281 § 9.]
18.135.100 Uniform Disciplinary Act. The Uniform
Disciplinary Act, chapter 18.130 RCW, governs uncertified
practice, the issuance and denial of certificates, and the discipline of certificate holders under this chapter. The secretary
shall be the disciplining authority under this chapter. [1993 c
367 § 12.]
18.135.100
Chapter 18.138
Chapter 18.138 RCW
DIETITIANS AND NUTRITIONISTS
Sections
18.138.010
18.138.020
18.138.030
18.138.040
(2004 Ed.)
Definitions.
Certification required.
Qualifications for certification.
Certification—Application procedures, requirements, fees.
18.138.050
18.138.060
18.138.070
18.138.090
18.138.100
18.138.110
18.138.030
Certification without examination.
Renewal of certification—Fee.
Authority of secretary.
Application of uniform disciplinary act.
Insurance coverage.
Health food stores exempted.
18.138.010
18.138.010 Definitions. (1) "Dietetics" is the integration and application of scientific principles of food, nutrition,
biochemistry, physiology, management, and behavioral and
social sciences in counseling people to achieve and maintain
health. Unique functions of dietetics include, but are not limited to:
(a) Assessing individual and community food practices
and nutritional status using anthropometric, biochemical,
clinical, dietary, and demographic data for clinical, research,
and program planning purposes;
(b) Establishing priorities, goals, and objectives that
meet nutritional needs and are consistent with available
resources and constraints;
(c) Providing nutrition counseling and education as components of preventive, curative, and restorative health care;
(d) Developing, implementing, managing, and evaluating nutrition care systems; and
(e) Evaluating, making changes in, and maintaining
appropriate standards of quality in food and nutrition care
services.
(2) "General nutrition services" means the counseling
and/or educating of groups or individuals in the selection of
food to meet normal nutritional needs for health maintenance,
which includes, but is not restricted to:
(a) Assessing the nutritional needs of individuals and
groups by planning, organizing, coordinating, and evaluating
the nutrition components of community health care services;
(b) Supervising, administering, or teaching normal nutrition in colleges, universities, clinics, group care homes, nursing homes, hospitals, private industry, and group meetings.
(3) "Certified dietitian" means any person certified to
practice dietetics under this chapter.
(4) "Certified nutritionist" means any person certified to
provide general nutrition services under this chapter.
(5) "Department" means the department of health.
(6) "Secretary" means the secretary of health or the secretary's designee. [1991 c 3 § 278; 1988 c 277 § 1.]
18.138.020
18.138.020 Certification required. (1) No persons
shall represent themselves as certified dietitians or certified
nutritionists unless certified as provided for in this chapter.
(2) Persons represent themselves as certified dietitians or
certified nutritionists when any title or any description of services is used which incorporates one or more of the following
items or designations: "Certified dietitian," "certified dietician," "certified nutritionist," "D.," "C.D.," or "C.N."
(3) The secretary may by rule proscribe or regulate
advertising and other forms of patient solicitation which are
likely to mislead or deceive the public as to whether someone
is certified under this chapter. [1991 c 3 § 279; 1988 c 277 §
2.]
18.138.030
18.138.030 Qualifications for certification. (1) An
applicant applying for certification as a certified dietitian or
certified nutritionist shall file a written application on a form
[Title 18 RCW—page 291]
18.138.040
Title 18 RCW: Businesses and Professions
or forms provided by the secretary setting forth under affidavit such information as the secretary may require, and proof
that the candidate has met qualifications set forth below in
subsection (2) or (3) of this section.
(2) Any person seeking certification as a "certified dietitian" shall meet the following qualifications:
(a) Be eighteen years of age or older;
(b) Has satisfactorily completed a major course of study
in human nutrition, foods and nutrition, dietetics, or food systems management, and has received a baccalaureate or higher
degree from a college or university accredited by the Western
association of schools and colleges or a similar accreditation
agency or colleges and universities approved by the secretary
in rule;
(c) Demonstrates evidence of having successfully completed a planned continuous preprofessional experience in
dietetic practice of not less than nine hundred hours under the
supervision of a certified dietitian or a registered dietitian or
demonstrates completion of a coordinated undergraduate
program in dietetics, both of which meet the training criteria
established by the secretary;
(d) Has satisfactorily completed an examination for dietitians administered by a public or private agency or institution recognized by the secretary as qualified to administer the
examination; and
(e) Has satisfactorily completed courses of continuing
education as currently established by the secretary.
(3) An individual may be certified as a certified dietician
if he or she provides evidence of meeting criteria for registration on June 9, 1988, by the commission on dietetic registration.
(4) Any person seeking certification as a "certified nutritionist" shall meet the following qualifications:
(a) Possess the qualifications required to be a certified
dietitian; or
(b) Has received a master's degree or doctorate degree in
one of the following subject areas: Human nutrition, nutrition education, foods and nutrition, or public health nutrition
from a college or university accredited by the Western association of schools and colleges or a similar accrediting
agency or colleges and universities approved by the secretary
in rule. [1991 c 3 § 280; 1988 c 277 § 3.]
18.138.040
18.138.040 Certification—Application procedures,
requirements, fees. (1) If the applicant meets the qualifications as outlined in RCW 18.138.030(2), the secretary shall
confer on such candidates the title certified dietitian.
(2) If the applicant meets the qualifications as outlined in
RCW 18.138.030(4), the secretary shall confer on such candidates the title certified nutritionist.
(3) Applicants for certification as a certified dietitian or
certified nutritionist shall comply with administrative procedures, administrative requirements, and fees determined by
the secretary under RCW 43.70.250 and 43.70.280. [1996 c
191 § 84; 1991 c 3 § 281; 1988 c 277 § 4.]
18.138.050
18.138.050 Certification without examination. The
secretary may certify a person applying for the title "certified
dietitian" without examination if such person is licensed or
certified as a dietitian in another jurisdiction and if, in the sec[Title 18 RCW—page 292]
retary's judgment, the requirements of that jurisdiction are
equivalent to or greater than those of Washington state.
[1991 c 3 § 282; 1988 c 277 § 6.]
18.138.060 Renewal of certification—Fee. (1) Every
person certified as a certified dietitian or certified nutritionist
shall renew the certification according to administrative procedures, administrative requirements, and fees determined by
the secretary as provided in RCW 43.70.250 and 43.70.280.
(2) All fees collected under this section shall be credited
to the health professions account as required. [1996 c 191 §
85; 1991 c 3 § 283; 1988 c 277 § 7.]
18.138.060
18.138.070 Authority of secretary. In addition to any
other authority provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a certificate to an applicant who has met the
requirements for certification and deny a certificate to an
applicant who does not meet the minimum qualifications;
(4) Hire clerical, administrative, and investigative staff
as needed to implement and administer this chapter and hire
individuals, including those certified under this chapter, to
serve as consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all applicants and certificate holders;
(6) Conduct a hearing, pursuant to chapter 34.05 RCW,
on an appeal of a denial of certification based on the applicant's failure to meet the minimum qualifications for certification;
(7) Investigate alleged violations of this chapter and consumer complaints involving the practice of persons representing themselves as certified dietitians or certified nutritionists;
(8) Issue subpoenas, statements of charges, statements of
intent to deny certifications, and orders and delegate in writing to a designee the authority to issue subpoenas, statements
of charges, and statements on intent to deny certifications;
(9) Conduct disciplinary proceedings, impose sanctions,
and assess fines for violations of this chapter or any rules
adopted under it in accordance with chapter 34.05 RCW;
(10) Set all certification, renewal, and late renewal fees
in accordance with RCW 43.70.250; and
(11) Set certification expiration dates and renewal periods for all certifications under this chapter. [1999 c 151 §
301; 1994 sp.s. c 9 § 516; 1991 c 3 § 284; 1988 c 277 § 10.]
18.138.070
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.138.090 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
the issuance and denial of certificates, unauthorized practices, and the disciplining of certificate holders under this
chapter. The secretary shall be the disciplining authority
under this chapter. [1991 c 3 § 286; 1988 c 277 § 5.]
18.138.090
18.138.100 Insurance coverage. This chapter does not
require or prohibit individual or group policies or contracts of
18.138.100
(2004 Ed.)
Certified Real Estate Appraiser Act
an insurance carrier, health care service contractor, or health
maintenance organization to provide benefits or coverage for
services and supplies provided by a person certified under
this chapter. [1988 c 277 § 9.]
18.138.110
18.138.110 Health food stores exempted. Nothing in
this chapter shall be construed to apply to owners, operators
or employees of health food stores provided the owners,
operators or employees do not represent themselves to be certified dietitians or certified nutritionists. [1988 c 277 § 11.]
Chapter 18.140 RCW
CERTIFIED REAL ESTATE APPRAISER ACT
Chapter 18.140
Sections
18.140.005
18.140.010
18.140.020
18.140.030
18.140.040
18.140.050
18.140.060
18.140.070
18.140.080
18.140.090
18.140.100
18.140.110
18.140.120
18.140.130
18.140.140
18.140.150
18.140.155
18.140.160
18.140.170
18.140.175
18.140.190
18.140.200
18.140.202
18.140.210
18.140.220
18.140.230
18.140.240
18.140.250
18.140.260
18.140.270
18.140.900
18.140.910
Intent.
Definitions.
Use of title by unauthorized person.
Powers and duties of director.
Immunity.
Fees and collection procedures.
Applications—Original and renewal certification and licensure.
Categories of state-certified or licensed real estate appraisers.
Education requirements.
Experience requirements.
Examination requirements.
Nonresident applicants—Consent for service of process.
Reciprocity.
Expiration of license or certificate—Renewal—Failure to
renew in timely manner.
Licenses and certificates—Required use of number.
Use of term restricted—Group licenses or certificates prohibited.
Temporary licensing or certification—Extension.
Disciplinary actions—Grounds.
Violations—Investigations.
Cease and desist orders.
Duties of attorney general.
Certificate or license suspension—Nonpayment or default on
educational loan or scholarship.
License or certificate suspension—Noncompliance with support order—Reissuance.
Violation of chapter—Procedure.
Acting without certificate or license—Penalty.
Real estate appraiser commission—Establishment—Composition.
Commission/members—Duties and responsibilities.
Commission member's compensation.
Real estate appraiser commission account.
Uniform regulation of business and professions act.
Short title.
Severability—1989 c 414.
18.140.005
18.140.005 Intent. It is the intent of the legislature that
only individuals who meet and maintain minimum standards
of competence and conduct established under this chapter for
certified or licensed real estate appraisers may provide real
estate appraisal services to the public. [1996 c 182 § 1; 1993
c 30 § 1; 1989 c 414 § 1.]
Effective dates—1996 c 182: "This act shall take effect July 1, 1996,
except section 3 of this act, which shall take effect July 1, 1997." [1996 c
182 § 16.]
18.140.010
18.140.010 Definitions. As used in this chapter, the following terms have the meanings indicated unless the context
clearly requires otherwise.
(1) "Appraisal" means the act or process of estimating
value; an estimate of value; or of or pertaining to appraising
and related functions.
(2004 Ed.)
18.140.010
(2) "Appraisal report" means any communication, written or oral, of an appraisal, review, or consulting service in
accordance with the standards of professional conduct or
practice, adopted by the director, that is transmitted to the client upon completion of an assignment.
(3) "Appraisal assignment" means an engagement for
which an appraiser is employed or retained to act, or would
be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relating to the value of specified interests
in, or aspects of, identified real estate. The term "appraisal
assignment" may apply to valuation work and analysis work.
(4) "Brokers price opinion" means an oral or written
report of property value that is prepared by a real estate broker or salesperson licensed under chapter 18.85 RCW.
(5) "Certified appraisal" means an appraisal prepared or
signed by a state-certified real estate appraiser. A certified
appraisal represents to the public that it meets the appraisal
standards defined in this chapter.
(6) "Client" means any party for whom an appraiser performs a service.
(7) "Commission" means the real estate appraiser commission of the state of Washington.
(8) "Comparative market analysis" means a brokers price
opinion.
(9) "Department" means the department of licensing.
(10) "Director" means the director of the department of
licensing.
(11) "Expert review appraiser" means a state-certified or
state-licensed real estate appraiser chosen by the director for
the purpose of providing appraisal review assistance to the
director.
(12) "Federal department" means an executive department of the United States of America specifically concerned
with housing finance issues, such as the department of housing and urban development, the department of veterans
affairs, or their legal federal successors.
(13) "Federal financial institutions regulatory agency"
means the board of governors of the federal reserve system,
the federal deposit insurance corporation, the office of the
comptroller of the currency, the office of thrift supervision,
the national credit union administration, their successors
and/or such other agencies as may be named in future amendments to 12 U.S.C. Sec. 3350(6).
(14) "Federal secondary mortgage marketing agency"
means the federal national mortgage association, the government national mortgage association, the federal home loan
mortgage corporation, their successors and/or such other similarly functioning housing finance agencies as may be federally chartered in the future.
(15) "Federally related transaction" means any real
estate-related financial transaction that the federal financial
institutions regulatory agency or the resolution trust corporation engages in, contracts for, or regulates; and that requires
the services of an appraiser.
(16) "Financial institution" means any person doing
business under the laws of this state or the United States relating to banks, bank holding companies, savings banks, trust
companies, savings and loan associations, credit unions, consumer loan companies, and the affiliates, subsidiaries, and
service corporations thereof.
[Title 18 RCW—page 293]
18.140.020
Title 18 RCW: Businesses and Professions
(17) "Licensed appraisal" means an appraisal prepared or
signed by a state-licensed real estate appraiser. A licensed
appraisal represents to the public that it meets the appraisal
standards defined in this chapter.
(18) "Mortgage broker" for the purpose of this chapter
means a mortgage broker licensed under chapter 19.146
RCW, any mortgage broker approved and subject to audit by
the federal national mortgage association, the government
national mortgage association, or the federal home loan mortgage corporation as provided in RCW 19.146.020, any mortgage broker approved by the United States secretary of housing and urban development for participation in any mortgage
insurance under the national housing act, 12 U.S.C. Sec.
1201, and the affiliates, subsidiaries, and service corporations
thereof.
(19) "Real estate" means an identified parcel or tract of
land, including improvements, if any.
(20) "Real estate-related financial transaction" means
any transaction involving:
(a) The sale, lease, purchase, investment in, or exchange
of real property, including interests in property, or the financing thereof;
(b) The refinancing of real property or interests in real
property; and
(c) The use of real property or interests in property as
security for a loan or investment, including mortgage-backed
securities.
(21) "Real property" means one or more defined interests, benefits, or rights inherent in the ownership of real
estate.
(22) "Review" means the act or process of critically
studying an appraisal report prepared by another.
(23) "Specialized appraisal services" means all appraisal
services which do not fall within the definition of appraisal
assignment. The term "specialized appraisal service" may
apply to valuation work and to analysis work. Regardless of
the intention of the client or employer, if the appraiser would
be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an appraisal
assignment and not a specialized appraisal service.
(24) "State-certified general real estate appraiser" means
a person certified by the director to develop and communicate real estate appraisals of all types of property. A state-certified general real estate appraiser may designate or identify
an appraisal rendered by him or her as a "certified appraisal."
(25) "State-certified residential real estate appraiser"
means a person certified by the director to develop and communicate real estate appraisals of all types of residential
property of one to four units without regard to transaction
value or complexity and nonresidential property having a
transaction value as specified in rules adopted by the director.
A state certified residential real estate appraiser may designate or identify an appraisal rendered by him or her as a "certified appraisal."
(26) "State-licensed real estate appraiser" means a person licensed by the director to develop and communicate real
estate appraisals of noncomplex one to four residential units
and complex one to four residential units and nonresidential
property having transaction values as specified in rules
[Title 18 RCW—page 294]
adopted by the director. [2000 c 249 § 1; 1997 c 399 § 1;
1996 c 182 § 2; 1993 c 30 § 2; 1989 c 414 § 3.]
Effective date—1997 c 399: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997."
[1997 c 399 § 3.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.020
18.140.020 Use of title by unauthorized person. (1)
No person other than a state-certified or state-licensed real
estate appraiser may receive compensation of any form for a
real estate appraisal or an appraisal review. However, compensation may be provided for brokers price opinions prepared by a real estate licensee, licensed under chapter 18.85
RCW.
(2) No person, other than a state-certified or statelicensed real estate appraiser, may assume or use that title or
any title, designation, or abbreviation likely to create the
impression of certification or licensure as a real estate
appraiser by this state.
(3) A person who is not certified or licensed under this
chapter shall not prepare any appraisal of real estate located
in this state, except as provided under subsection (1) of this
section.
(4) This section does not preclude a staff employee of a
governmental entity from performing an appraisal or an
appraisal assignment within the scope of his or her employment insofar as the performance of official duties for the governmental entity are concerned. Such an activity for the benefit of the governmental entity is exempt from the requirements of this chapter.
(5) This chapter does not preclude an individual person
licensed by the state of Washington as a real estate broker or
as a real estate salesperson from issuing a brokers price opinion. However, if the brokers price opinion is written, or given
as evidence in any legal proceeding, and is issued to a person
who is not a prospective seller, buyer, lessor, or lessee as the
only intended user, then the brokers price opinion shall contain a statement, in an obvious location within the written
document or specifically and affirmatively in spoken testimony, that substantially states: "This brokers price opinion is
not an appraisal as defined in chapter 18.140 RCW and has
been prepared by a real estate licensee, licensed under chapter 18.85 RCW, who . . . . . (is/is not) also state certified or
state licensed as a real estate appraiser under chapter 18.140
RCW." However, the brokers price opinion issued under this
subsection may not be used as an appraisal in conjunction
with a federally related transaction.
(6) This section does not apply to an appraisal or an
appraisal review performed for a financial institution or mortgage broker by an employee or third party, when such
appraisal or appraisal review is not required to be performed
by a state-certified or state-licensed real estate appraiser by
the appropriate federal financial institutions regulatory
agency.
(7) This section does not apply to an attorney licensed to
practice law in this state or to a certified public accountant, as
defined in RCW 18.04.025, who evaluates real property in
the normal scope of his or her professional services. [1998 c
120 § 1; 1997 c 399 § 2; 1996 c 182 § 3; 1993 c 30 § 3; 1989
c 414 § 4.]
(2004 Ed.)
Certified Real Estate Appraiser Act
Effective date—1997 c 399: See note following RCW 18.140.010.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.030
18.140.030 Powers and duties of director. The director shall have the following powers and duties:
(1) To adopt rules in accordance with chapter 34.05
RCW necessary to implement this chapter and chapter 18.235
RCW, with the advice and approval of the commission;
(2) To receive and approve or deny applications for certification or licensure as a state-certified or state-licensed real
estate appraiser under this chapter; to establish appropriate
administrative procedures for the processing of such applications; to issue certificates or licenses to qualified applicants
pursuant to the provisions of this chapter; and to maintain a
register of the names and addresses of individuals who are
currently certified or licensed under this chapter;
(3) To provide administrative assistance to the members
of and to keep records for the real estate appraiser commission;
(4) To solicit bids and enter into contracts with educational testing services or organizations for the preparation of
questions and answers for certification or licensure examinations;
(5) To administer or contract for administration of certification or licensure examinations at locations and times as
may be required to carry out the responsibilities under this
chapter;
(6) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(7) To consider recommendations by the real estate
appraiser commission relating to the experience, education,
and examination requirements for each classification of statecertified appraiser and for licensure;
(8) To consider recommendations by the real estate
appraiser commission relating to continuing education
requirements as a prerequisite to renewal of certification or
licensure;
(9) To consider recommendations by the real estate
appraiser commission relating to standards of professional
appraisal conduct or practice in the enforcement of this chapter;
(10) To employ such professional, clerical, and technical
assistance as may be necessary to properly administer the
work of the director;
(11) To establish forms necessary to administer this
chapter;
(12) To establish an expert review appraiser roster comprised of state-certified or licensed real estate appraisers
whose purpose is to assist the director by applying their individual expertise by reviewing real estate appraisals for compliance with this chapter. Qualifications to act as an expert
review appraiser shall be established by the director with the
advice of the commission. An application to serve as an
expert review appraiser shall be submitted to the real estate
appraiser program, and the roster of accepted expert review
appraisers shall be maintained by the department. An expert
review appraiser may be added to or deleted from that roster
by the director. The expert review appraiser shall be reimbursed for expenses in the same manner as the department
reimburses the commission; and
(2004 Ed.)
18.140.090
(13) To do all other things necessary to carry out the provisions of this chapter and minimally meet the requirements
of federal guidelines regarding state certification or licensure
of appraisers that the director determines are appropriate for
state-certified and state-licensed appraisers in this state.
[2002 c 86 § 238; 2000 c 249 § 2; 1996 c 182 § 4; 1993 c 30
§ 4; 1989 c 414 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.040
18.140.040 Immunity. The director or individuals acting on behalf of the director are immune from suit in any
action, civil or criminal, based on any acts performed in the
course of their duties except for their intentional or willful
misconduct. [1993 c 30 § 5; 1989 c 414 § 8.]
18.140.050
18.140.050 Fees and collection procedures. The
director shall establish fees by rule, under RCW 43.24.086
and chapter 34.05 RCW and establish collection procedures
for the fees. [1989 c 414 § 9.]
18.140.060
18.140.060 Applications—Original and renewal certification and licensure. (1) Applications for examinations,
original certification or licensure, and renewal certification or
licensure shall be made in writing to the department on forms
approved by the director. Applications for original and
renewal certification or licensure shall include a statement
confirming that the applicant shall comply with applicable
rules and regulations and that the applicant understands the
penalties for misconduct.
(2) The appropriate fees shall accompany all applications for examination, reexamination, original certification or
licensure, and renewal certification or licensure. [1993 c 30
§ 6; 1989 c 414 § 10.]
18.140.070
18.140.070 Categories of state-certified or licensed
real estate appraisers. There shall be one category of statelicensed real estate appraisers and two categories of state-certified real estate appraisers as follows:
(1) The state-licensed real estate appraiser;
(2) The state-certified residential real estate appraiser;
(3) The state-certified general real estate appraiser.
[1993 c 30 § 7; 1989 c 414 § 11.]
18.140.080
18.140.080 Education requirements. As a prerequisite
to taking an examination for certification or licensure, an
applicant shall present evidence satisfactory to the director
that he or she has successfully completed the education
requirements adopted by the director. [1993 c 30 § 8; 1989 c
414 § 12.]
18.140.090
18.140.090 Experience requirements. (1) As a prerequisite to taking an examination for certification or licensure,
an applicant must meet the experience requirements adopted
by the director.
(2) The preexamination experience claimed by an applicant, and accepted by the department for the purpose of taking the examination, shall remain subject to postlicensure
[Title 18 RCW—page 295]
18.140.100
Title 18 RCW: Businesses and Professions
auditing by the department. [1996 c 182 § 5; 1993 c 30 § 9;
1989 c 414 § 13.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.100
18.140.100 Examination requirements. An original
license or certificate shall be issued to persons who have satisfactorily passed the written examination as endorsed by the
Appraiser Qualifications Board of the Appraisal Foundation
and as adopted by the director. [1993 c 30 § 10; 1989 c 414
§ 14.]
18.140.110
18.140.110 Nonresident applicants—Consent for service of process. Every applicant for licensing or certification
who is not a resident of this state shall submit, with the application for licensing or certification, an irrevocable consent
that service of process upon him or her may be made by service on the director if, in an action against the applicant in a
court of this state arising out of the applicant's activities as a
state-licensed or state-certified real estate appraiser, the
plaintiff cannot, in the exercise of due diligence, obtain personal service upon the applicant. [1993 c 30 § 11; 1989 c 414
§ 15.]
18.140.120
18.140.120 Reciprocity. An applicant for licensure or
certification who is currently licensed or certified and in good
standing under the laws of another state may obtain a license
or certificate as a Washington state-licensed or state-certified
real estate appraiser without being required to satisfy the
examination requirements of this chapter if: The director
determines that the licensure or certification requirements are
substantially similar to those found in Washington state; and
that the other state has a written reciprocal agreement to provide similar treatment to holders of Washington state licenses
and/or certificates. [1993 c 30 § 12; 1989 c 414 § 16.]
18.140.130
18.140.130 Expiration of license or certificate—
Renewal—Failure to renew in timely manner. (1) Each
original and renewal license or certificate issued under this
chapter shall expire on the applicant's second birthday following issuance of the license or certificate.
(2) To be renewed as a state-licensed or state-certified
real estate appraiser, the holder of a valid license or certificate shall apply and pay the prescribed fee to the director no
earlier than one hundred twenty days prior to the expiration
date of the license or certificate and shall demonstrate satisfaction of any continuing education requirements.
(3) If a person fails to renew a license or certificate prior
to its expiration and no more than one year has passed since
the person last held a valid license or certificate, the person
may obtain a renewal license or certificate by satisfying all of
the requirements for renewal and paying late renewal fees.
The director shall cancel the license or certificate of any
person whose renewal fee is not received within one year
from the date of expiration. A person may obtain a new
license or certificate by satisfying the procedures and qualifications for initial licensure or certification, including the successful completion of any applicable examinations. [1996 c
182 § 6; 1993 c 30 § 13; 1989 c 414 § 17.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
[Title 18 RCW—page 296]
18.140.140
18.140.140 Licenses and certificates—Required use
of number. (1) A license or certificate issued under this
chapter shall bear the signature or facsimile signature of the
director and a license or certificate number assigned by the
director.
(2) Each state-licensed or state-certified real estate
appraiser shall place his or her license or certificate number
adjacent to or immediately below the title "state-licensed real
estate appraiser," "state-certified residential real estate
appraiser," or "state-certified general real estate appraiser"
when used in an appraisal report or in a contract or other
instrument used by the licensee or certificate holder in conducting real property appraisal activities, except that the
license or certificate number shall not be required to appear
when the title is not accompanied by a signature as is typical
on such promotional and stationery items as brochures, business cards, forms, or letterhead. [1996 c 182 § 7; 1993 c 30 §
14; 1989 c 414 § 18.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.150
18.140.150 Use of term restricted—Group licenses or
certificates prohibited. (1) The term "state-licensed" or
"state-certified real estate appraiser" may only be used to
refer to individuals who hold the license or certificate and
may not be used following or immediately in connection with
the name or signature of a firm, partnership, corporation,
group, or limited liability company, or in such manner that it
might be interpreted as referring to a firm, partnership, corporation, group, limited liability company, or anyone other than
an individual holder of the license or certificate.
(2) No license or certificate may be issued under this
chapter to a corporation, partnership, firm, limited liability
company, or group. This shall not be construed to prevent a
state-licensed or state-certified appraiser from signing an
appraisal report on behalf of a corporation, partnership, firm,
group practice, or limited liability company. [1996 c 182 § 8;
1993 c 30 § 15; 1989 c 414 § 19.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.155
18.140.155 Temporary licensing or certification—
Extension. (1) A real estate appraiser from another state who
is licensed or certified by another state may apply for registration to receive temporary licensing or certification in
Washington by paying a fee and filing a notarized application
with the department on a form provided by the department.
(2) The director is authorized to adopt by rule the term or
duration of the licensing and certification privileges granted
under the provisions of this section. Licensing or certification
shall not be renewed. However, an applicant may receive an
extension of a temporary practice permit to complete an
assignment, provided that a written request is received by the
department prior to the expiration date, stating the reason for
the extension.
(3) A temporary practice permit issued under this section
allows an appraiser to perform independent appraisal services
required by a contract for appraisal services.
(4) Persons granted temporary licensing or certification
privileges under this section shall not advertise or otherwise
hold themselves out as being licensed or certified by the state
of Washington.
(2004 Ed.)
Certified Real Estate Appraiser Act
(5) Persons granted temporary licensure or certification
are subject to all provisions under this chapter. [2001 c 78 §
1; 1993 c 30 § 16.]
18.140.160
18.140.160 Disciplinary actions—Grounds. In addition to the unprofessional conduct described in RCW
18.235.130, the director may take disciplinary action for the
following conduct, acts, or conditions:
(1) Failing to meet the minimum qualifications for state
licensure or certification established by or pursuant to this
chapter;
(2) Paying money other than the fees provided for by this
chapter to any employee of the director or the commission to
procure state licensure or certification under this chapter;
(3) Continuing to act as a state-licensed or state-certified
real estate appraiser when his or her license or certificate is
on an expired status;
(4) Violating any provision of this chapter or any lawful
rule made by the director pursuant thereto;
(5) Issuing an appraisal report on any real property in
which the appraiser has an interest unless his or her interest is
clearly stated in the appraisal report; and
(6) Being affiliated as an employee or independent contractor with a state-licensed or state-certified real estate
appraiser when the appraiser's license or certificate has been
revoked due to disciplinary action. [2002 c 86 § 239; 2000 c
35 § 1; 1996 c 182 § 9; 1993 c 30 § 17; 1989 c 414 § 20.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.170
18.140.170 Violations—Investigations. The director
may investigate the actions of a state-licensed or state-certified real estate appraiser or an applicant for licensure or certification or relicensure or recertification. Upon receipt of
information indicating that a state-licensed or state-certified
real estate appraiser under this chapter may have violated this
chapter, the director may cause one or more of the staff investigators to make an investigation of the facts to determine
whether or not there is admissible evidence of any such violation. If technical assistance is required, a staff investigator
may consult with one or more of the members of the commission. [2002 c 86 § 240; 1996 c 182 § 10; 1993 c 30 § 18; 1989
c 414 § 21.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.140.202
or otherwise of the proposal to issue a temporary cease and
desist order to the person. Every temporary cease and desist
order shall include a provision that a hearing will be held
upon request to determine whether the order will become permanent.
At the time the temporary cease and desist order is
served, the person shall be notified that he or she is entitled to
request a hearing for the sole purpose of determining whether
the public interest requires that the temporary cease and
desist order be continued or modified pending the outcome of
the hearing to determine whether the order will become permanent. The hearing shall be held within thirty days after the
department receives the request for hearing, unless the person
requests a later hearing. A person may secure review of any
decision rendered at a temporary cease and desist order
review hearing in the same manner as an adjudicative proceeding. [1993 c 30 § 19.]
18.140.190
18.140.190 Duties of attorney general. The attorney
general shall render to the director opinions upon all questions of law relating to the construction or interpretation of
this chapter, or arising in the administration thereof that may
be submitted by the director, and shall act as attorney for the
director in all actions and proceedings brought by or against
the director under or pursuant to any provisions of this chapter. [1993 c 30 § 21; 1989 c 414 § 23.]
18.140.200
18.140.200 Certificate or license suspension—Nonpayment or default on educational loan or scholarship.
The director shall suspend the certificate or license of any
person who has been certified by a lending agency and
reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must
provide the person an opportunity for a brief adjudicative
proceeding under RCW 34.05.485 through 34.05.494 and
issue a finding of nonpayment or default on a federally or
state-guaranteed educational loan or service-conditional
scholarship. The person's certificate or license shall not be
reissued until the person provides the director a written
release issued by the lending agency stating that the person is
making payments on the loan in accordance with a repayment
agreement approved by the lending agency. If the person has
continued to meet all other requirements for certification or
licensure during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 19.]
Severability—1996 c 293: See note following RCW 18.04.420.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.202
18.140.175
18.140.175 Cease and desist orders. (1) The director
may issue a cease and desist order to a person after notice and
hearing and upon a determination that the person has violated
a provision of this chapter or a lawful order or rule of the
director.
(2) If the director makes a written finding of fact that the
public interest will be irreparably harmed by delay in issuing
an order, the director may issue a temporary cease and desist
order. Before issuing the temporary cease and desist order,
whenever possible, the director shall give notice by telephone
(2004 Ed.)
18.140.202 License or certificate suspension—Noncompliance with support order—Reissuance. The director
shall immediately suspend any license or certificate issued
under this chapter if the holder has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating
[Title 18 RCW—page 297]
18.140.210
Title 18 RCW: Businesses and Professions
that the person is in compliance with the order. [1997 c 58 §
832.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.140.210
18.140.210 Violation of chapter—Procedure. The
director may refer a complaint for violation of any section of
this chapter before any court of competent jurisdiction.
Any violation of the provisions of this chapter shall be
prosecuted by the prosecuting attorney of each county in
which the violation occurs, and if the prosecuting attorney
fails to act, the director may request the attorney general to
take action in lieu of the prosecuting attorney.
Whenever evidence satisfactory to the director suggests
that any person has violated any of the provisions of this
chapter, or any part or provision thereof, the director may
bring an action, in the superior court in the county where the
person resides, against the person to enjoin any person from
continuing a violation or engaging or doing any act or acts in
furtherance thereof. In this action an order or judgment may
be entered awarding a preliminary or final injunction as may
be proper.
The director may petition the superior court in any
county in this state for the appointment of a receiver to take
over, operate, or close any real estate appraisal activity or
practice in this state which is found upon inspection of its
books and records to be operating in violation of the provisions of this chapter, pending a hearing. [1996 c 182 § 11.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
be selected from the area of the state west of the Cascade
mountain range. At least two members of the commission
shall be certified general real estate appraisers, at least two
members of the commission shall be certified residential real
estate appraisers, and at least one member of the commission
shall be a licensed real estate appraiser, all pursuant to this
chapter. No certified or licensed appraiser commission member shall be appointed who has not been certified and/or
licensed pursuant to this chapter for less than ten years,
except that this experience duration shall be not less than five
years only for any commission member taking office before
January 1, 2003. One member shall be an employee of a
financial institution as defined in this chapter whose duties
are concerned with real estate appraisal management and policy. One member shall be an individual engaged in mass
appraisal whose duties are concerned with ad valorem
appraisal management and policy and who is licensed or certified under this chapter. One member may be a member of
the general public.
(3) The members of the commission annually shall elect
their chairperson and vice-chairperson to serve for a term of
one calendar year. A majority of the members of said commission shall at all times constitute a quorum.
(4) Any vacancy on the commission shall be filled by
appointment by the governor for the unexpired term. [2000 c
249 § 3.]
18.140.240
18.140.240 Commission/members—Duties and
responsibilities. The members of the real estate appraiser
commission and its individual members shall have the following duties and responsibilities:
(1) To meet at the call of the director or upon its own initiative at the call of its chair or a majority of its members;
(2) To adopt a mission statement, and to serve as a liaison between appraisal practitioners, the public, and the
department; and
(3) To study and recommend changes to this chapter to
the director or to the legislature. [2000 c 249 § 4.]
18.140.220
18.140.220 Acting without certificate or license—
Penalty. Any person acting as a state-certified or statelicensed real estate appraiser without a certificate or license
that is currently valid is guilty of a misdemeanor. [1996 c
182 § 12.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.250
18.140.250 Commission member's compensation.
The commission members shall be compensated in accordance with RCW 43.03.240, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 when they are in
session by their call or by the director, or when otherwise
engaged in the business of the commission. [2000 c 249 § 5.]
18.140.230
18.140.230 Real estate appraiser commission—
Establishment—Composition. There is established the real
estate appraiser commission of the state of Washington, consisting of seven members who shall act to give advice to the
director.
(1) The seven commission members shall be appointed
by the governor in the following manner: For a term of six
years each, with the exception of the first appointees who
shall be the incumbent members of the predecessor real estate
appraiser advisory committee to serve for the duration of
their current terms, with all other subsequent appointees to be
appointed for a six-year term.
(2) At least two of the commission members shall be
selected from the area of the state east of the Cascade mountain range and at least two of the commission members shall
[Title 18 RCW—page 298]
18.140.260
18.140.260 Real estate appraiser commission
account. The real estate appraiser commission account is
created in the state treasury. All fees received by the department for licenses, registrations, renewals, examinations, and
audits must be forwarded to the state treasurer who must
credit the money to the account. All fines and civil penalties
ordered pursuant to RCW 18.140.020, 18.140.160, or
18.235.110 against holders of licenses, certificates, or registrations issued under the provisions of this chapter must be
paid to the account. All expenses incurred in carrying out the
licensing and registration activities of the department under
this chapter must be paid from the account as authorized by
legislative appropriation. Any residue in the account shall be
accumulated and shall not revert to the general fund at the
(2004 Ed.)
Court Reporting Practice Act
end of the biennium. All earnings of investments of balances
in the account shall be credited to the general fund. Any fund
balance remaining in the general fund attributable to the real
estate appraiser commission account as of July 1, 2003, must
be transferred to the real estate appraiser commission
account. [2002 c 86 § 241.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.140.270 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 242.]
18.140.270
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.140.900 Short title. This chapter may be known and
cited as the real estate appraiser act. [1993 c 30 § 22; 1989 c
414 § 2.]
18.140.900
18.140.910
18.140.910 Severability—1989 c 414. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 414 § 26.]
Chapter 18.145
Chapter 18.145 RCW
COURT REPORTING PRACTICE ACT
(Formerly: Shorthand reporting practice act)
Sections
18.145.005
18.145.010
18.145.020
18.145.030
18.145.040
18.145.050
18.145.070
18.145.080
18.145.090
18.145.100
18.145.110
18.145.120
18.145.125
18.145.127
18.145.130
18.145.140
18.145.900
18.145.910
18.145.911
Findings.
Certificate required.
Practice of court reporting defined.
Definitions.
Exemptions.
Powers of director.
Liability of director.
Certification requirements.
Certification applications—Fee.
Renewals—Late fees—Reinstatement.
Persons with stenomask reporting experience.
Sanctions against certificate—Director's powers—Costs.
Certificate suspension—Nonpayment or default on educational loan or scholarship.
Certificate suspension—Noncompliance with support order—
Reissuance.
Unprofessional conduct.
Uniform regulation of business and professions act.
Short title.
Effective date—Implementation—1989 c 382.
Severability—1989 c 382.
18.145.005 Findings. The legislature finds it necessary
to regulate the practice of court reporting at the level of certification to protect the public safety and well-being. The legislature intends that only individuals who meet and maintain
minimum standards of competence may represent themselves
as court reporters. [1995 c 27 § 1; 1989 c 382 § 1.]
18.145.010 Certificate required. (1) No person may
represent himself or herself as a court reporter without first
obtaining a certificate as required by this chapter.
(2004 Ed.)
(2) A person represents himself or herself to be a court
reporter when the person adopts or uses any title or description of services that incorporates one or more of the following
terms: "Shorthand reporter," "court reporter," "certified
shorthand reporter," or "certified court reporter." [2000 c 171
§ 31; 1989 c 382 § 2.]
18.145.020
18.145.020 Practice of court reporting defined. The
"practice of court reporting" means the making by means of
written symbols or abbreviations in shorthand or machine
writing or oral recording by a stenomask reporter of a verbatim record of any oral court proceeding, deposition, or proceeding before a jury, referee, court commissioner, special
master, governmental entity, or administrative agency and
the producing of a transcript from the proceeding. [1995 c 27
§ 3; 1989 c 382 § 3.]
18.145.030
18.145.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing.
(3) "Court reporter" means an individual certified under
this chapter. [1995 c 269 § 501; 1995 c 27 § 4; 1989 c 382 §
4.]
Reviser's note: This section was amended by 1995 c 27 § 4 and by
1995 c 269 § 501, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
18.145.040
18.145.005
18.145.010
18.145.050
18.145.040 Exemptions. Nothing in this chapter prohibits or restricts:
(1) The practice of court reporting by individuals who
are licensed, certified, or registered as court reporters under
other laws of this state and who are performing services
within their authorized scope of practice;
(2) The practice of court reporting by an individual
employed by the government of the United States while the
individual is performing duties prescribed by the laws and
regulations of the United States; or
(3) The introduction of alternate technology in court
reporting practice. [1995 c 27 § 5; 1989 c 382 § 5.]
18.145.050
18.145.050 Powers of director. In addition to any other
authority provided by law, the director may:
(1) Adopt rules in accordance with chapter 34.05 RCW
that are necessary to implement this chapter;
(2) Set all renewal, late renewal, duplicate, and verification fees in accordance with RCW 43.24.086;
(3) Establish the forms and procedures necessary to
administer this chapter;
(4) Issue a certificate to any applicant who has met the
requirements for certification;
(5) Hire clerical and administrative staff as needed to
implement and administer this chapter;
(6) Maintain the official departmental record of all applicants and certificate holders;
[Title 18 RCW—page 299]
18.145.070
Title 18 RCW: Businesses and Professions
(7) Approve the preparation and administration of examinations for certification;
(8) Establish by rule the procedures for an appeal of a
failure of an examination;
(9) Set the criteria for meeting the standard required for
certification;
(10) Establish advisory committees whose membership
shall include representatives of professional court reporting
and stenomasking associations and representatives from
accredited schools offering degrees in court reporting or
stenomasking to advise the director on testing procedures,
professional standards, disciplinary activities, or any other
matters deemed necessary;
(11) Establish ad hoc advisory committees whose membership shall include representatives of professional court
reporting and stenomasking associations and representatives
from accredited schools offering degrees in court reporting or
stenomasking to advise the director on testing procedures,
professional standards, or any other matters deemed necessary. [2002 c 86 § 243. Prior: 1995 c 269 § 502; 1995 c 27 §
6; 1989 c 382 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
18.145.070
18.145.070 Liability of director. The director and individuals acting on the director's behalf shall not be civilly liable for any act performed in good faith in the course of their
duties. [1995 c 269 § 503; 1995 c 27 § 7; 1989 c 382 § 8.]
Reviser's note: This section was amended by 1995 c 27 § 7 and by
1995 c 269 § 503, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
18.145.080
18.145.080 Certification requirements. The department shall issue a certificate to any applicant who meets the
standards established under this chapter and who:
(1) Is holding one of the following:
(a) Certificate of proficiency, registered professional
reporter, registered merit reporter, or registered diplomate
reporter from [the] national court reporters association;
(b) Certificate of proficiency or certificate of merit from
[the] national stenomask verbatim reporters association; or
(c) A current Washington state court reporter certification; or
(2) Has passed an examination approved by the director
or an examination that meets or exceeds the standards established by the director. [1995 c 269 § 504; 1995 c 27 § 8; 1989
c 382 § 9.]
Reviser's note: This section was amended by 1995 c 27 § 8 and by
1995 c 269 § 504, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes following RCW 13.40.005.
[Title 18 RCW—page 300]
18.145.090
18.145.090 Certification applications—Fee. Applications for certification shall be submitted on forms provided
by the department. The department may require information
and documentation to determine whether the applicant meets
the standard for certification as provided in this chapter. Each
applicant shall pay a fee determined by the director as provided in RCW 43.24.086 which shall accompany the application. [1995 c 27 § 9; 1989 c 382 § 10.]
18.145.100
18.145.100 Renewals—Late fees—Reinstatement.
The director shall establish by rule the requirements and the
renewal and late renewal fees for certification. Failure to
renew the certificate on or before the expiration date cancels
all privileges granted by the certificate. If an individual
desires to reinstate a certificate which had not been renewed
for three years or more, the individual shall satisfactorily
demonstrate continued competence in conformance with
standards determined by the director. [1989 c 382 § 11.]
18.145.110
18.145.110 Persons with stenomask reporting experience. Persons with two or more years' experience in stenomask reporting in Washington state as of January 1, 1996, shall
be granted a court reporter certificate without examination, if
application is made before January 1, 1996. [1995 c 27 § 10;
1989 c 382 § 12.]
18.145.120
18.145.120 Sanctions against certificate—Director's
powers—Costs. (1) Upon receipt of complaints against
court reporters, the director shall investigate and evaluate the
complaint to determine if disciplinary action is appropriate.
The director shall hold disciplinary hearings pursuant to
chapter 34.05 RCW.
(2) After a hearing conducted under chapter 34.05 RCW
and upon a finding that a certificate holder or applicant has
committed unprofessional conduct or is unable to practice
with reasonable skill and safety due to a physical or mental
condition, the director may issue an order providing for one
or any combination of the following:
(a) Revocation of the certification;
(b) Suspension of the certificate for a fixed or indefinite
term;
(c) Restriction or limitation of the practice;
(d) Requiring the satisfactory completion of a specific
program or remedial education;
(e) The monitoring of the practice by a supervisor
approved by the director;
(f) Censure or reprimand;
(g) Compliance with conditions of probation for a designated period of time;
(h) Denial of the certification request;
(i) Corrective action;
(j) Refund of fees billed to or collected from the consumer.
Any of the actions under this section may be totally or
partly stayed by the director. In determining what action is
appropriate, the director shall consider sanctions necessary to
protect the public, after which the director may consider and
include in the order requirements designed to rehabilitate the
certificate holder or applicant. All costs associated with compliance to orders issued under this section are the obligation
(2004 Ed.)
Sex Offender Treatment Providers
of the certificate holder or applicant. [1995 c 27 § 11; 1989 c
382 § 13.]
18.145.125
18.145.125 Certificate suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the certificate of any person who has been certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the
suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person's certificate shall not be reissued until the person provides the director a written release issued by the lending agency stating that
the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements for
certification during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 20.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.145.127
18.145.127 Certificate suspension—Noncompliance
with support order—Reissuance. The director shall immediately suspend any certificate issued under this chapter if the
holder has been certified pursuant to RCW 74.20A.320 by
the department of social and health services as a person who
is not in compliance with a support order or a *residential or
visitation order. If the person has continued to meet all other
requirements for certification during the suspension, reissuance of the certificate shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the person is in compliance with
the order. [1997 c 58 § 833.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.145.130
18.145.130 Unprofessional conduct. The following
conduct, acts, or conditions constitute unprofessional conduct for any certificate holder or applicant under the jurisdiction of this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of
court reporting, whether or not the act constitutes a crime. If
the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action;
(2) Misrepresentation or concealment of a material fact
in obtaining or in seeking reinstatement of a certificate;
(3) Advertising in a false, fraudulent, or misleading manner;
(2004 Ed.)
Chapter 18.155
(4) Incompetence or negligence;
(5) Suspension, revocation, or restriction of the individual's certificate, registration, or license to practice court
reporting by a regulatory authority in any state, federal, or
foreign jurisdiction;
(6) Violation of any state or federal statute or administrative rule regulating the profession;
(7) Failure to cooperate in an inquiry, investigation, or
disciplinary action by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete explanation of the matter contained in the complaint filed with the
director;
(c) Not responding to subpoenas issued by the director,
regardless of whether the recipient of the subpoena is the
accused in the proceeding;
(8) Failure to comply with an order issued by the director
or an assurance of discontinuance entered into with the director;
(9) Misrepresentation or fraud in any aspect of the conduct of the business or profession;
(10) Conviction of any gross misdemeanor or felony
relating to the practice of the profession. For the purpose of
this subsection, conviction includes all instances in which a
plea of guilty or nolo contendere is the basis for conviction
and all proceedings in which the sentence has been deferred
or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW. [1995 c 27 § 12; 1989 c 382
§ 14.]
18.145.140
18.145.140 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 244.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.145.900
18.145.900 Short title. This chapter may be known and
cited as the court reporting practice act. [1995 c 27 § 13;
1989 c 382 § 15.]
18.145.910
18.145.910 Effective date—Implementation—1989 c
382. This act shall take effect September 1, 1989, except that
the director may immediately take such steps as are necessary
to ensure that this act is implemented on its effective date.
[1989 c 382 § 16.]
18.145.911
18.145.911 Severability—1989 c 382. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 382 § 17.]
Chapter 18.155 RCW
SEX OFFENDER TREATMENT PROVIDERS
Chapter 18.155
Sections
18.155.010
Findings—Construction.
[Title 18 RCW—page 301]
18.155.010
18.155.020
18.155.030
18.155.040
18.155.050
18.155.060
18.155.070
18.155.075
18.155.080
18.155.090
18.155.900
18.155.901
18.155.902
Title 18 RCW: Businesses and Professions
Definitions.
Certificate required.
Secretary—Authority.
Sexual offender treatment providers advisory committee.
Immunity.
Certificate—Requirements.
Affiliate certificate—Requirements.
Standards and procedures.
Application of uniform disciplinary act.
Index, part headings not law—1990 c 3.
Severability—1990 c 3.
Effective dates—Application—1990 c 3.
18.155.010 Findings—Construction. The legislature
finds that sex offender therapists who examine and treat sex
offenders pursuant to the special sexual offender sentencing
alternative under RCW 9.94A.670 and who may treat juvenile sex offenders pursuant to RCW 13.40.160, play a vital
role in protecting the public from sex offenders who remain
in the community following conviction. The legislature finds
that the qualifications, practices, techniques, and effectiveness of sex offender treatment providers vary widely and that
the court's ability to effectively determine the appropriateness of granting the sentencing alternative and monitoring the
offender to ensure continued protection of the community is
undermined by a lack of regulated practices. The legislature
recognizes the right of sex offender therapists to practice,
consistent with the paramount requirements of public safety.
Public safety is best served by regulating sex offender therapists whose clients are being evaluated and being treated pursuant to RCW 9.94A.670 and 13.40.160. This chapter shall
be construed to require only those sex offender therapists
who examine and treat sex offenders pursuant to RCW
9.94A.670 and 13.40.160 to obtain a sexual offender treatment certification as provided in this chapter. [2000 c 171 §
32; 2000 c 28 § 37; 1990 c 3 § 801.]
sp.s. c 12 § 401. Prior: 2000 c 171 § 33; 2000 c 28 § 38; 1990
c 3 § 802.]
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
18.155.010
Reviser's note: This section was amended by 2000 c 28 § 37 and by
2000 c 171 § 32, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
18.155.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Certified sex offender treatment provider" means a
licensed, certified, or registered health professional who is
certified to examine and treat sex offenders pursuant to chapters 9.94A and 13.40 RCW and sexually violent predators
under chapter 71.09 RCW.
(2) "Certified affiliate sex offender treatment provider"
means a licensed, certified, or registered health professional
who is certified as an affiliate to examine and treat sex
offenders pursuant to chapters 9.94A and 13.40 RCW and
sexually violent predators under chapter 71.09 RCW under
the supervision of a certified sex offender treatment provider.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health.
(5) "Sex offender treatment provider" or "affiliate sex
offender treatment provider" means a person who counsels or
treats sex offenders accused of or convicted of a sex offense
as defined by RCW 9.94A.030. [2004 c 38 § 3; 2001 2nd
18.155.020
[Title 18 RCW—page 302]
18.155.030
18.155.030 Certificate required. (1) No person shall
represent himself or herself as a certified sex offender treatment provider or certified affiliate sex offender treatment
provider without first applying for and receiving a certificate
pursuant to this chapter.
(2) Only a certified sex offender treatment provider, or
certified affiliate sex offender treatment provider who has
completed at least fifty percent of the required hours under
the supervision of a certified sex offender treatment provider,
may perform or provide the following services:
(a) Evaluations conducted for the purposes of and pursuant to RCW 9.94A.670 and 13.40.160;
(b) Treatment of convicted level III sex offenders who
are sentenced and ordered into treatment pursuant to chapter
9.94A RCW and adjudicated level III juvenile sex offenders
who are ordered into treatment pursuant to chapter 13.40
RCW;
(c) Except as provided under subsection (3) of this section, treatment of sexually violent predators who are conditionally released to a less restrictive alternative pursuant to
chapter 71.09 RCW.
(3) A certified sex offender treatment provider, or certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the
supervision of a certified sex offender treatment provider,
may not perform or provide treatment of sexually violent
predators under subsection (2)(c) of this section if the treatment provider has been:
(a) Convicted of a sex offense, as defined in RCW
9.94A.030;
(b) Convicted in any other jurisdiction of an offense that
under the laws of this state would be classified as a sex
offense as defined in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing
any health care profession by competent authority in any
state, federal, or foreign jurisdiction.
(4) Certified sex offender treatment providers and certified affiliate sex offender treatment providers may perform or
provide the following service: Treatment of convicted level I
and level II sex offenders who are sentenced and ordered into
treatment pursuant to chapter 9.94A RCW and adjudicated
juvenile level I and level II sex offenders who are sentenced
and ordered into treatment pursuant to chapter 13.40 RCW.
[2004 c 38 § 4; 2001 2nd sp.s. c 12 § 402. Prior: 2000 c 171
§ 34; 2000 c 28 § 39; 1990 c 3 § 803.]
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
(2004 Ed.)
Sex Offender Treatment Providers
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
18.155.040
18.155.040 Secretary—Authority. In addition to any
other authority provided by law, the secretary shall have the
following authority:
(1) To set administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250
and 43.70.280;
(2) To establish forms necessary to administer this chapter;
(3) To issue a certificate or an affiliate certificate to any
applicant who has met the education, training, and examination requirements for certification or an affiliate certification
and deny a certificate to applicants who do not meet the minimum qualifications for certification or affiliate certification.
Proceedings concerning the denial of certificates based on
unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) To hire clerical, administrative, and investigative
staff as needed to implement and administer this chapter and
to hire individuals including those certified under this chapter
to serve as examiners or consultants as necessary to implement and administer this chapter;
(5) To maintain the official department record of all
applicants and certifications;
(6) To conduct a hearing on an appeal of a denial of a
certificate on the applicant's failure to meet the minimum
qualifications for certification. The hearing shall be conducted pursuant to chapter 34.05 RCW;
(7) To issue subpoenas, statements of charges, statements of intent to deny certificates, and orders and to delegate in writing to a designee the authority to issue subpoenas,
statements of charges, and statements of intent to deny certificates;
(8) To determine the minimum education, work experience, and training requirements for certification or affiliate
certification, including but not limited to approval of educational programs;
(9) To prepare and administer or approve the preparation
and administration of examinations for certification;
(10) To establish by rule the procedure for appeal of an
examination failure;
(11) To adopt rules implementing a continuing competency program;
(12) To adopt rules in accordance with chapter 34.05
RCW as necessary to implement this chapter. [2004 c 38 § 5;
1996 c 191 § 86; 1990 c 3 § 804.]
Effective date—2004 c 38: See note following RCW 18.155.075.
18.155.050
18.155.050 Sexual offender treatment providers
advisory committee. (1) The sexual offender treatment providers advisory committee is established to advise the secretary concerning the administration of this chapter.
(2) The secretary shall appoint the members of the advisory committee who shall consist of the following persons:
(a) One superior court judge;
(b) Three sexual offender treatment providers;
(c) One mental health practitioner who specializes in
treating victims of sexual assault;
(2004 Ed.)
18.155.070
(d) One defense attorney with experience in representing
persons charged with sexual offenses;
(e) One representative from the Washington association
of prosecuting attorneys;
(f) The secretary of the department of social and health
services or his or her designee;
(g) The secretary of the department of corrections or his
or her designee.
The secretary shall develop and implement the certification procedures with the advice of the committee by July 1,
1991. Following implementation of these procedures by the
secretary, the committee shall be a permanent body. The
members shall serve staggered six-year terms, to be set by the
secretary. No person other than the members representing the
departments of social and health services and corrections
may serve more than two consecutive terms.
The secretary may remove any member of the advisory
committee for cause as specified by rule. In a case of a
vacancy, the secretary shall appoint a person to serve for the
remainder of the unexpired term.
(3) Committee members shall be reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
(4) The committee shall elect officers as deemed necessary to administer its duties. A simple majority of the committee members currently serving shall constitute a quorum
of the committee.
(5) Members of the advisory committee shall be residents of this state. The members who are sex offender treatment providers must have a minimum of five years of extensive work experience in treating sex offenders to qualify for
appointment to the initial committee, which shall develop and
implement the certification program. After July 1, 1991, the
sex offender treatment providers on the committee must be
certified pursuant to this chapter.
(6) The committee shall meet at times as necessary to
conduct committee business. [1990 c 3 § 805.]
18.155.060
18.155.060 Immunity. The secretary, members of the
committee, and individuals acting on their behalf are immune
from suit in any action, civil or criminal, based on any acts
performed in the course of their duties. [1990 c 3 § 806.]
18.155.070
18.155.070 Certificate—Requirements. The department shall issue a certificate to any applicant who meets the
following requirements:
(1) Successful completion of an educational program
approved by the secretary or successful completion of alternate training which meets the criteria of the secretary;
(2) Successful completion of any experience requirement established by the secretary;
(3) Successful completion of an examination administered or approved by the secretary;
(4) Not having engaged in unprofessional conduct or
being unable to practice with reasonable skill and safety as a
result of a physical or mental impairment;
(5) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider. [1990 c 3 § 807.]
[Title 18 RCW—page 303]
18.155.075
Title 18 RCW: Businesses and Professions
18.155.075
18.155.075 Affiliate certificate—Requirements. The
department shall issue an affiliate certificate to any applicant
who meets the following requirements:
(1) Successful completion of an educational program
approved by the secretary or successful completion of alternate training which meets the criteria of the secretary;
(2) Successful completion of an examination administered or approved by the secretary;
(3) Proof of supervision by a certified sex offender treatment provider;
(4) Not having engaged in unprofessional conduct or
being unable to practice with reasonable skill and safety as a
result of a physical or mental impairment; and
(5) Other requirements as may be established by the secretary that impact the competence of the sex offender treatment provider. [2004 c 38 § 6.]
Effective date—2004 c 38: "This act takes effect July 1, 2004." [2004
c 38 § 15.]
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[February 28, 1990].
(2) Sections 201 through 203, 301 through 305, 701
through 706, and 901 through 904 shall take effect July 1,
1990, and shall apply to crimes committed on or after July 1,
1990.
(3) Sections 1001 through 1012 shall take effect July 1,
1990.
(4) Section 1301 shall take effect July 1, 1991.
(5) Sections 601 through 605, for purposes of sentencing
adult or juvenile offenders shall take effect July 1, 1990, and
shall apply to crimes or offenses committed on or after July 1,
1990. For purposes of defining a "sexually violent offense"
pursuant to section 1002(4) of this act, sections 601 through
605 of this act shall take effect July 1, 1990, and shall apply
to crimes committed on, before, or after July 1, 1990. [1990
c 3 § 1406.]
18.155.080
18.155.080 Standards and procedures. The secretary
shall establish standards and procedures for approval of the
following:
(1) Educational programs and alternate training;
(2) Examination procedures;
(3) Certifying applicants who have a comparable certification in another jurisdiction;
(4) Application method and forms;
(5) Requirements for renewals of certificates;
(6) Requirements of certified sex offender treatment providers and certified affiliate sex offender treatment providers
who seek inactive status;
(7) Other rules, policies, administrative procedures, and
administrative requirements as appropriate to carry out the
purposes of this chapter. [2004 c 38 § 7; 1996 c 191 § 87;
1990 c 3 § 808.]
Effective date—2004 c 38: See note following RCW 18.155.075.
18.155.090
18.155.090 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unauthorized practice, the issuance and denial of certificates,
and the discipline of certified sex offender treatment providers and certified affiliate sex offender treatment providers
under this chapter. [2004 c 38 § 8; 1990 c 3 § 809.]
Effective date—2004 c 38: See note following RCW 18.155.075.
18.155.900
18.155.900 Index, part headings not law—1990 c 3.
The index and part headings used in this act do not constitute
any part of the law. [1990 c 3 § 1404.]
18.155.901
18.155.901 Severability—1990 c 3. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 3 § 1405.]
18.155.902
18.155.902 Effective dates—Application—1990 c 3.
(1) Sections 101 through 131, 401 through 409, 501 through
504, 606, 707 and 708, 801 through 810, 1101 through 1104,
1201 through 1210, and 1401 through 1403 of this act are
necessary for the immediate preservation of the public peace,
[Title 18 RCW—page 304]
Chapter 18.160 RCW
FIRE SPRINKLER SYSTEM CONTRACTORS
Chapter 18.160
Sections
18.160.010
18.160.020
18.160.030
18.160.040
18.160.050
18.160.070
18.160.080
18.160.085
18.160.090
18.160.100
18.160.110
18.160.120
18.160.900
18.160.901
18.160.902
Definitions.
Local government license and permit requirements—Exemptions from chapter.
State director of fire protection—Duties.
Certificate of competency—Contractor license.
Renewal—Certificate of competency—Contractor license—
Fire protection contractor license fund created.
Local government regulation—Application to state and government contractors.
Actions against certificates or licenses—Grounds—Appeal.
Certificate suspension—Nonpayment or default on educational loan or scholarship.
Surety bond—Security deposit—Venue and time limit for
actions upon bonds—Limit of liability of surety—Payment
of claims.
Unlicensed operations—Penalty.
Enforcement—Civil proceedings.
Infractions—Failure to obtain certificate of competency—
Fines.
Prospective application.
Effective date—1990 c 177.
Severability—1990 c 177.
Criminal penalties: RCW 9.45.260.
18.160.010
18.160.010 Definitions. The following words or terms
shall have the meanings indicated unless the context clearly
indicates otherwise.
(1) "Certificate of competency holder" means an individual who has satisfactorily met the qualifications and has
received a certificate of competency from the state director of
fire protection under the provisions of this chapter.
(2) "Fire protection sprinkler system contractor" means a
person or organization that offers to undertake the execution
of contracts for the installation, inspection, maintenance, or
servicing of a fire protection sprinkler system or any part of
such a system.
(3) "Fire protection sprinkler system" means an assembly of underground and/or overhead piping or conduit beginning at the connection to the primary water supply, whether
public or private, that conveys water with or without other
agents to dispersal openings or devices to extinguish, control,
or contain fire and to provide protection from exposure to fire
or other products of combustion.
(2004 Ed.)
Fire Sprinkler System Contractors
(4) "Fire protection sprinkler system contractor's
license" means the license issued by the state director of fire
protection to a fire protection sprinkler system contractor
upon an application being approved, the fee being paid, and
the satisfactory completion of the requirements of this chapter. The license shall be issued in the name of the fire protection sprinkler system contractor with the name or names of
the certificate of competency holder noted thereon.
(5) "NFPA 13-D" means whatever standard that is used
by the national fire protection association for the installation
of fire protection sprinkler systems in one or two-family residential dwellings or mobile homes.
(6) "NFPA 13-R" means whatever standard that is used
by the national fire protection association for the installation
of fire protection sprinkler systems in residential dwellings
up to four stories in height.
(7) "Inspection" means a visual examination of a fire
protection sprinkler system or portion of the system to verify
that the system appears to be in operating condition and is
free from physical damage and complies with the applicable
statutes and regulations adopted by the state director of fire
protection.
(8) "Installation" means the initial placement of fire protection sprinkler system equipment or the extension, modification, or alteration of equipment after the initial placement.
Installation shall include the work from a street or main water
access throughout the entire building.
(9) "Maintenance" means to maintain in the condition of
repair that provides performance as originally planned.
(10) "Organization" means a corporation, partnership,
firm, or other business association, governmental entity, or
any other legal or commercial entity.
(11) "Person" means a natural person, including an
owner, manager, partner, officer, employee, or occupant.
(12) "Service" means to repair or test. [1990 c 177 § 2.]
18.160.020
18.160.020 Local government license and permit
requirements—Exemptions from chapter. (1) A municipality or county may not enact an order, ordinance, rule, or
regulation requiring a fire protection sprinkler system contractor to obtain a fire sprinkler contractor license from the
municipality or county. However, a municipality or county
may require a fire protection sprinkler system contractor to
obtain a permit and pay a fee for the installation of a fire protection sprinkler system and require the installation of such
systems to conform with the building code or other construction requirements of the municipality or county, but may not
impose financial responsibility requirements other than proof
of a valid license.
(2) This chapter does not apply to:
(a) United States, state, and local government employees, building officials, fire marshals, fire inspectors, or insurance inspectors when acting in their official capacities;
(b) A person or organization acting under court order;
(c) A person or organization that sells or supplies products or materials to a licensed fire protection sprinkler system
contractor;
(d) A registered professional engineer acting solely in a
professional capacity;
(2004 Ed.)
18.160.040
(e) An employee of a licensed fire protection sprinkler
system contractor performing duties for the registered fire
protection sprinkler system contractor; and
(f) An owner/occupier of a single-family residence performing his or her own installation in that residence. [1990 c
177 § 3.]
18.160.030
18.160.030 State director of fire protection—Duties.
(1) This chapter shall be administered by the state director of
fire protection.
(2) The state director of fire protection shall have the
authority, and it shall be his or her duty to:
(a) Issue such administrative regulations as necessary for
the administration of this chapter;
(b)(i) Set reasonable fees for licenses, certificates, testing, and other aspects of the administration of this chapter.
However, the license fee for fire protection sprinkler system
contractors engaged solely in the installation, inspection,
maintenance, or servicing of NFPA 13-D fire protection
sprinkler systems shall not exceed one hundred dollars, and
the license fee for fire protection sprinkler system contractors
engaged solely in the installation, inspection, maintenance, or
servicing of NFPA 13-R fire protection sprinkler systems
shall not exceed three hundred dollars;
(ii) Adopt rules establishing a special category restricted
to contractors registered under chapter 18.27 RCW who
install underground systems that service fire protection sprinkler systems. The rules shall be adopted within ninety days
of March 31, 1992;
(iii) Subject to RCW 18.160.120, adopt rules defining
infractions under this chapter and fines to be assessed for
those infractions;
(c) Enforce the provisions of this chapter;
(d) Conduct investigations of complaints to determine if
any infractions of this chapter or the regulations developed
under this chapter have occurred;
(e) Assign a certificate number to each certificate of
competency holder; and
(f) Adopt rules necessary to implement and administer a
program which requires the affixation of a seal any time a fire
protection sprinkler system is installed, which seal shall
include the certificate number of any certificate of competency holder who installs, in whole or in part, the fire protection sprinkler system. [2003 c 74 § 1; 2000 c 171 § 35; 1992
c 116 § 2; 1990 c 177 § 4.]
18.160.040
18.160.040 Certificate of competency—Contractor
license. (1) To become a certificate of competency holder
under this chapter, an applicant must have satisfactorily
passed an examination administered by the state director of
fire protection. A certificate of competency holder can satisfy
this examination requirement by presenting a copy of a current certificate of competency from the national institute for
certification in engineering technologies showing that the
applicant has achieved the classification of engineering technician level 3 or senior engineering technician level 4 in the
field of fire protection, automatic sprinkler system layout.
The state director of fire protection may accept equivalent
proof of qualification in lieu of examination. This examina[Title 18 RCW—page 305]
18.160.050
Title 18 RCW: Businesses and Professions
tion requirement is mandatory except as otherwise provided
in this chapter.
(2) Every applicant for a certificate of competency shall
fulfill the requirements established by the state director of
fire protection under chapter 34.05 RCW.
(3) Every applicant for a certificate of competency shall
make application to the state director of fire protection and
pay the fees required.
(4) Provided the application for the certificate of competency is made prior to ninety days after May 1, 1991, the state
director of fire protection, in lieu of the examination requirements of the applicant for a certificate of competency, may
accept as satisfactory evidence of competency and qualification, affidavits attesting that the applicant has had a minimum
of three years' experience.
(5) The state director of fire protection may issue a temporary certificate of competency to an applicant who, in his
or her judgment, will satisfactorily perform as a certificate of
competency holder under the provisions of this chapter. The
temporary certificate of competency shall remain in effect for
a period of up to three years. The temporary certificate of
competency holder shall, within the three-year period, complete the examination requirements specified in subsection
(1) of this section. There shall be no examination exemption
for an individual issued a temporary certificate of competency. Prior to the expiration of the three-year period, the
temporary certificate of competency holder shall make application for a regular certificate of competency. The procedures
and qualifications for issuance of a regular certificate of competency shall be applicable to the temporary certificate of
competency holder. When a temporary certificate of competency expires, the holder shall cease all activities associated
with the holding of a temporary certificate of competency,
subject to the penalties contained in this chapter.
(6) To become a licensed fire protection sprinkler system
contractor under this chapter, a person or firm must comply
with the following:
(a) Must be or have in his or her full-time employ a
holder of a valid certificate of competency;
(b) Comply with the minimum insurance requirements
of this chapter; and
(c) Make application to the state director of fire protection for a license and pay the fees required.
(7) Each license and certificate of competency issued
under this chapter must be posted in a conspicuous place in
the fire protection sprinkler system contractor's place of business.
(8) All bids, advertisements, proposals, offers, and
installation drawings for fire protection sprinkler systems
must prominently display the fire protection sprinkler system
contractor's license number.
(9) A certificate of competency or license issued under
this chapter is not transferable.
(10) In no case shall a certificate of competency holder
be employed full time by more than one fire protection sprinkler system contractor at the same time. If the certificate of
competency holder should leave the employment of the fire
protection sprinkler system contractor, he or she must notify
the state director of fire protection within thirty days. If the
certificate of competency holder should leave the employment of the fire protection sprinkler system contractor, the
[Title 18 RCW—page 306]
contractor shall have six months or until the expiration of the
current license, whichever occurs last, to submit a new application identifying another certificate of competency holder
who is at the time of application an owner of the fire protection sprinkler system business or a full-time employee of the
fire protection sprinkler system contractor, in order to be
issued a new license. If such application is not received and a
new license issued within the allotted time, the state director
of fire protection shall revoke the license of the fire protection sprinkler system contractor. [2000 c 171 § 36; 1990 c
177 § 5.]
18.160.050 Renewal—Certificate of competency—
Contractor license—Fire protection contractor license
fund created. (1)(a) All certificate of competency holders
that desire to continue in the fire protection sprinkler business
shall annually, prior to January 1, secure from the state director of fire protection a renewal certificate of competency
upon payment of the fee as prescribed by the state director of
fire protection. Application for renewal shall be upon a form
prescribed by the state director of fire protection and the certificate holder shall furnish the information required by the
director.
(b) Failure of any certificate of competency holder to
secure his or her renewal certificate of competency within
sixty days after the due date shall constitute sufficient cause
for the state director of fire protection to suspend the certificate of competency.
(c) The state director of fire protection may, upon the
receipt of payment of all delinquent fees including a late
charge, restore a certificate of competency that has been suspended for failure to pay the renewal fee.
(d) A certificate of competency holder may voluntarily
surrender his or her certificate of competency to the state
director of fire protection and be relieved of the annual
renewal fee. After surrendering the certificate of competency,
he or she shall not be known as a certificate of competency
holder and shall desist from the practice thereof. Within two
years from the time of surrender of the certificate of competency, he or she may again qualify for a certificate of competency, without examination, by the payment of the required
fee. If two or more years have elapsed, he or she shall return
to the status of a new applicant.
(2)(a) All licensed fire protection sprinkler system contractors desiring to continue to be licensed shall annually,
prior to January 1, secure from the state director of fire protection a renewal license upon payment of the fee as prescribed by the state director of fire protection. Application for
renewal shall be upon a form prescribed by the state director
of fire protection and the license holder shall furnish the
information required by the director.
(b) Failure of any license holder to secure his or her
renewal license within sixty days after the due date shall constitute sufficient cause for the state director of fire protection
to suspend the license.
(c) The state director of fire protection may, upon the
receipt of payment of all delinquent fees including a late
charge, restore a license that has been suspended for failure to
pay the renewal fee.
(3) The initial certificate of competency or license fee
shall be prorated based upon the portion of the year such cer18.160.050
(2004 Ed.)
Fire Sprinkler System Contractors
tificate of competency or license is in effect, prior to renewal
on January 1.
(4) The fire protection contractor license fund is created
in the custody of the state treasurer. All receipts from license
and certificate fees and charges or from the money generated
by the rules and regulations promulgated under this chapter
shall be deposited into the fund. Expenditures from the fund
may be used only for purposes authorized under this chapter.
Only the state director of fire protection or the director's designee may authorize expenditures from the fund. The fund is
subject to allotment procedures under chapter 43.88 RCW,
but no appropriation is required for expenditures. [1990 c
177 § 6.]
18.160.070
18.160.070 Local government regulation—Application to state and government contractors. (1) Nothing in
this chapter limits the power of a municipality, county, or the
state to regulate the quality and character of work performed
by contractors, through a system of permits, fees, and inspections which are designed to assure compliance with and aid in
the implementation of state and local building laws or to
enforce other local laws for the protection of the public health
and safety. Nothing in this chapter limits the power of the
municipality, county, or the state to adopt any system of permits requiring submission to and approval by the municipality, county, or the state, of technical drawings and specifications for work to be performed by contractors before commencement of the work. The official authorized to issue
building or other related permits shall ascertain that the fire
protection sprinkler system contractor is duly licensed by
requiring evidence of a valid fire protection sprinkler system
contractor's license.
(2) This chapter applies to any fire protection sprinkler
system contractor performing work for any municipality,
county, or the state. Officials of any municipality, county, or
the state are required to determine compliance with this chapter before awarding any contracts for the installation, repair,
service, alteration, fabrication, addition, or inspection of a
fire protection sprinkler system. [1990 c 177 § 8.]
18.160.080
18.160.080 Actions against certificates or licenses—
Grounds—Appeal. (1) The state director of fire protection
may refuse to issue or renew or may suspend or revoke the
privilege of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder
to engage in the fire protection sprinkler system business or
in lieu thereof, establish penalties as prescribed by Washington state law, for any of the following reasons:
(a) Gross incompetency or gross negligence in the preparation of technical drawings, installation, repair, alteration,
maintenance, inspection, service, or addition to fire protection sprinkler systems;
(b) Conviction of a felony;
(c) Fraudulent or dishonest practices while engaging in
the fire protection sprinkler systems business;
(d) Use of false evidence or misrepresentation in an
application for a license or certificate of competency;
(e) Permitting his or her license to be used in connection
with the preparation of any technical drawings which have
(2004 Ed.)
18.160.085
not been prepared by him or her personally or under his or her
immediate supervision, or in violation of this chapter; or
(f) Knowingly violating any provisions of this chapter or
the regulations issued thereunder.
(2) The state director of fire protection shall revoke the
license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder
who engages in the fire protection sprinkler system business
while the license or certificate of competency is suspended.
(3) The state director of fire protection shall immediately
suspend any license or certificate issued under this chapter if
the holder has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all
other requirements for issuance or reinstatement during the
suspension, issuance or reissuance of the license or certificate
shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating
that the person is in compliance with the order.
(4) Any licensee or certificate of competency holder who
is aggrieved by an order of the state director of fire protection
suspending or revoking a license may, within thirty days after
notice of such suspension or revocation, appeal under chapter
34.05 RCW. This subsection does not apply to actions taken
under subsection (3) of this section. [1997 c 58 § 834; 1990
c 177 § 10.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.160.085
18.160.085 Certificate suspension—Nonpayment or
default on educational loan or scholarship. The state
director of fire protection shall suspend the certificate of any
person who has been certified by a lending agency and
reported to the state director of fire protection for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a
brief adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate shall not be reissued until the person provides the state director of fire protection a written release issued by the lending agency stating that
the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements for
certification during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any reinstatement fee the state director of fire protection may impose.
[1996 c 293 § 21.]
Severability—1996 c 293: See note following RCW 18.04.420.
[Title 18 RCW—page 307]
18.160.090
Title 18 RCW: Businesses and Professions
18.160.090
18.160.090 Surety bond—Security deposit—Venue
and time limit for actions upon bonds—Limit of liability
of surety—Payment of claims. (1) Before granting a license
under this chapter, the director of fire protection shall require
that the applicant file with the state director of fire protection
a surety bond issued by a surety insurer who meets the
requirements of chapter 48.28 RCW in a form acceptable to
the director of fire protection running to the state of Washington in the penal sum of ten thousand dollars. However, the
surety bond for a fire protection sprinkler system contractor
whose business is restricted solely to NFPA 13-D or NFPA
13-R systems shall be in the penal sum of six thousand dollars. The bond shall be conditioned that the applicant will pay
all purchasers of fire protection sprinkler systems with whom
the applicant has a contract for the applicant to install,
inspect, maintain, or service a fire protection sprinkler system, and who have obtained a judgment against the applicant
for the breach of such a contract. The term "purchaser" means
an owner of property who has entered into a contract for the
installation of a fire protection sprinkler system on that property, or a contractor who contracts to install, inspect, maintain, or service such a system with an owner of property and
subcontracts the work to the applicant. No other person,
including, but not limited to, persons who supply labor, materials, or rental equipment to the applicant, shall have any
rights against the bond.
(2) In lieu of the surety bond required by this section the
applicant may file with the director of fire protection a
deposit consisting of cash or other security acceptable to the
director of fire protection in an amount equal to the penal sum
of the required bond. The director of fire protection may
adopt rules necessary for the proper administration of the
security.
(3) Before granting renewal of a fire protection sprinkler
system contractor's license to any applicant, the director of
fire protection shall require that the applicant file with the
director satisfactory evidence that the surety bond or cash
deposit is in full force.
(4) Any purchaser of a fire protection sprinkler system
having a claim against the licensee for the breach of a contract for the licensee to install, inspect, maintain, or service a
fire protection sprinkler system may bring suit upon such
bond in superior court of the county in which the work was
done or of any county in which jurisdiction of the licensee
may be had. Any such action must be brought not later than
one year after the expiration of the licensee's license or
renewal license then in effect at the time of the alleged breach
of contract.
(5) The bond shall be considered one continuous obligation, and the surety upon the bond shall not be liable in aggregate or cumulative amount exceeding ten thousand dollars, or
six thousand dollars if the bond was issued to a licensee
whose business is restricted solely to NFPA 13-D or NFPA
13-R systems, regardless of the number of years the bond is
in effect, or whether it is reinstated, renewed, reissued, or otherwise continued, and regardless of the year in which any
claim accrued. The bond shall not be liable for any liability of
the licensee for tortious acts, whether or not such liability is
imposed by statute or common law, or is imposed by contract. The bond shall not be a substitute or supplemental to
[Title 18 RCW—page 308]
any liability or other insurance required by law or by the contract.
(6) If the surety desires to make payment without awaiting court action against it, the amount of the bond shall be
reduced to the extent of any payment made by the surety in
good faith under the bond. Any payment shall be based on
final judgments received by the surety.
(7) Claims against the bond shall be satisfied from the
bond in the following order:
(a) Claims by a purchaser of a fire protection sprinkler
system for the breach of a contract for the licensee to install,
inspect, maintain, or service a fire protection sprinkler system;
(b) Any court costs, interest, and attorneys' fees the
plaintiff may be entitled to recover by contract, statute, or
court rule.
A condition precedent to the surety being liable to any claimant is a final judgment against the licensee, unless the surety
desires to make payment without awaiting court action. In the
event of a dispute regarding the apportionment of the bond
proceeds among claimants, the surety may bring an action for
interpleader against all claimants upon the bond.
(8) Any purchaser of a fire protection sprinkler system
having an unsatisfied final judgment against the licensee for
the breach of a contract for the licensee to install, inspect,
maintain, or service a fire protection sprinkler system may
execute upon the security held by the director of fire protection by serving a certified copy of the unsatisfied final judgment by registered or certified mail upon the director within
one year of the date of entry of such judgment. Upon the
receipt of service of such certified copy the director shall pay
or order paid from the deposit, through the registry of the
court which rendered judgment, towards the amount of the
unsatisfied judgment. The priority of payment by the director
shall be the order of receipt by the director, but the director
shall have no liability for payment in excess of the amount of
the deposit. [1991 sp.s. c 6 § 1.]
18.160.100
18.160.100 Unlicensed operations—Penalty. Any fire
protection sprinkler system contractor who constructs,
installs, or maintains a fire protection sprinkler system in any
occupancy, except an owner-occupied single-family dwelling, without first obtaining a fire sprinkler contractor's
license from the state of Washington, is guilty of a gross
misdemeanor. This section may not be construed to create
any criminal liability for a prime contractor or an owner of an
occupancy unless it is proved that the prime contractor or
owner had actual knowledge of an illegal construction, installation, or maintenance of a fire protection sprinkler system by
a fire protection sprinkler system contractor. [1992 c 116 §
3.]
Wrongful acts by contractor, criminal penalty: RCW 9.45.260.
18.160.110
18.160.110 Enforcement—Civil proceedings. Civil
proceedings to enforce this chapter may be brought by the
attorney general or the prosecuting attorney of any county
where a violation occurs on his or her own motion or at the
request of the state director of fire protection. [1992 c 116 §
4.]
(2004 Ed.)
Private Investigators
18.165.010
18.165.220
Unprofessional, unlawful conduct or inability to practice—
Penalties.
Enforcement of orders for payment of fines.
Application of administrative procedure act to acts of the
director.
License or certificate suspension—Nonpayment or default on
educational loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Uniform regulation of business and professions act.
Severability—1991 c 328.
Severability—Effective date—1995 c 277.
18.160.120
18.160.120 Infractions—Failure to obtain certificate
of competency—Fines. (1) A fire protection sprinkler system contractor found to have committed an infraction under
this chapter as defined in rule under RCW
18.160.030(2)(b)(iii) shall be assessed a fine of not less than
two hundred dollars and not more than five thousand dollars.
(2) A fire protection sprinkler system contractor who
fails to obtain a certificate of competency under RCW
18.160.040 shall be assessed a fine of not less than one thousand dollars and not more than five thousand dollars.
(3) All fines collected under this section shall be deposited into the fire protection contractor license fund. [2003 c
74 § 2.]
18.160.900
18.160.900 Prospective application. This chapter
applies prospectively only and not retroactively. A municipal
or county order, ordinance, rule, or regulation that is in effect
as of May 1, 1991, is not invalid because of the provisions of
this chapter. This chapter does not prohibit municipalities or
counties from adopting stricter guidelines that will assure the
proper installation of fire sprinkler systems within their jurisdictions. [1990 c 177 § 12.]
18.160.901
18.160.901 Effective date—1990 c 177. RCW
18.160.010 through 18.160.080 shall take effect May 1,
1991. [1990 c 177 § 13.]
18.160.902
18.160.902 Severability—1990 c 177. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 177 § 14.]
Chapter 18.165
Chapter 18.165 RCW
PRIVATE INVESTIGATORS
(Formerly: Private detectives)
Sections
18.165.010
18.165.020
18.165.030
18.165.040
18.165.050
18.165.060
18.165.070
18.165.080
18.165.090
18.165.100
18.165.110
18.165.120
18.165.130
18.165.140
18.165.150
18.165.155
18.165.160
18.165.165
18.165.170
18.165.180
18.165.210
(2004 Ed.)
Definitions.
Exemptions.
Private investigator license—Requirements.
Armed private investigator license—Requirements.
Private investigator agency license—Requirements, restrictions—Assignment or transfer.
Armed private investigator license authority—Registration of
firearms.
Investigation of applicants.
License cards and certificates—Issuance and requirements.
Preassignment training and testing.
Agency license—Surety bond or certificate of insurance
required.
Regulatory provisions exclusive—Authority of the state and
political subdivisions.
Out-of-state private investigators operating across state lines.
Required notice of certain occurrences.
Out-of-state private investigators—Application—Fee—Temporary assignment.
Licenses required—Use of public law enforcement insignia
prohibited—Penalties—Enforcement.
Transfer of license.
Unprofessional conduct.
Display of firearms while soliciting clients.
Authority of director.
Complaints—Investigation—Immunity.
Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing—Sanctions—Mental
or physical examinations—Presumed consent for examination.
18.165.230
18.165.270
18.165.280
18.165.290
18.165.300
18.165.900
18.165.901
18.165.010
18.165.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Armed private investigator" means a private investigator who has a current firearms certificate issued by the
commission and is licensed as an armed private investigator
under this chapter.
(2) "Chief law enforcement officer" means the elected or
appointed police administrator of a municipal, county, or
state police or sheriff's department that has full law enforcement powers in its jurisdiction.
(3) "Commission" means the criminal justice training
commission established in chapter 43.101 RCW.
(4) "Department" means the department of licensing.
(5) "Director" means the director of the department of
licensing.
(6) "Employer" includes any individual, firm, corporation, partnership, association, company, society, manager,
contractor, subcontractor, bureau, agency, service, office, or
an agent of any of the foregoing that employs or seeks to
enter into an arrangement to employ any person as a private
investigator.
(7) "Firearms certificate" means a certificate issued by
the commission.
(8) "Forensic scientist" or "accident reconstructionist"
means a person engaged exclusively in collecting and analyzing physical evidence and data relating to an accident or other
matter and compiling such evidence or data to render an opinion of likely cause, fault, or circumstance of the accident or
matter.
(9) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an
agent or employee of any of the foregoing.
(10) "Principal" of a private investigator agency means
the owner or manager appointed by a corporation.
(11) "Private investigator" means a person who is
licensed under this chapter and is employed by a private
investigator agency for the purpose of investigation, escort or
body guard services, or property loss prevention activities.
(12) "Private investigator agency" means a person or
entity licensed under this chapter and engaged in the business
of detecting, discovering, or revealing one or more of the following:
(a) Crime, criminals, or related information;
(b) The identity, habits, conduct, business, occupation,
honesty, integrity, credibility, knowledge, trustworthiness,
efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character
of any person or thing;
[Title 18 RCW—page 309]
18.165.020
Title 18 RCW: Businesses and Professions
(c) The location, disposition, or recovery of lost or stolen
property;
(d) The cause or responsibility for fires, libels, losses,
accidents, or damage or injury to persons or to property;
(e) Evidence to be used before a court, board, officer, or
investigative committee;
(f) Detecting the presence of electronic eavesdropping
devices; or
(g) The truth or falsity of a statement or representation.
(13) "Qualifying agent" means an officer or manager of
a corporation who meets the requirements set forth in this
chapter for obtaining a private investigator agency license.
(14) "Sworn peace officer" means a person who is an
employee of the federal government, the state, or a political
subdivision, agency, or department branch of a municipality
or other unit of local government, and has law enforcement
powers. [1995 c 277 § 17; 1991 c 328 § 1.]
18.165.020
18.165.020 Exemptions. The requirements of this
chapter do not apply to:
(1) A person who is employed exclusively or regularly
by one employer and performs investigations solely in connection with the affairs of that employer, if the employer is
not a private investigator agency;
(2) An officer or employee of the United States or of this
state or a political subdivision thereof, while engaged in the
performance of the officer's official duties;
(3) A person engaged exclusively in the business of
obtaining and furnishing information about the financial rating of persons;
(4) An attorney at law while performing the attorney's
duties as an attorney;
(5) A licensed collection agency or its employee, while
acting within the scope of that person's employment and
making an investigation incidental to the business of the
agency;
(6) Insurers, agents, and insurance brokers licensed by
the state, while performing duties in connection with insurance transacted by them;
(7) A bank subject to the jurisdiction of the department
of financial institutions or the comptroller of currency of the
United States, or a savings and loan association subject to the
jurisdiction of this state or the federal home loan bank board;
(8) A licensed insurance adjuster performing the
adjuster's duties within the scope of the adjuster's license;
(9) A secured creditor engaged in the repossession of the
creditor's collateral, or a lessor engaged in the repossession of
leased property in which it claims an interest;
(10) A person who is a forensic scientist, accident reconstructionist, or other person who performs similar functions
and does not hold himself or herself out to be an investigator
in any other capacity; or
(11) A person solely engaged in the business of securing
information about persons or property from public records.
[2000 c 171 § 37; 1995 c 277 § 18; 1991 c 328 § 2.]
18.165.030
18.165.030 Private investigator license—Requirements. An applicant must meet the following minimum
requirements to obtain a private investigator license:
(1) Be at least eighteen years of age;
[Title 18 RCW—page 310]
(2) Be a citizen or resident alien of the United States;
(3) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant's particular
crime directly relates to his or her capacity to perform the
duties of a private investigator and the director determines
that the license should be withheld to protect the citizens of
Washington state. The director shall make her or his determination to withhold a license because of previous convictions
notwithstanding the restoration of employment rights act,
chapter 9.96A RCW;
(4) Be employed by or have an employment offer from a
private investigator agency or be licensed as a private investigator agency;
(5) Submit a set of fingerprints;
(6) Pay the required nonrefundable fee for each application; and
(7) Submit a fully completed application that includes
proper identification on a form prescribed by the director for
each company of employment. [1995 c 277 § 19; 1991 c 328
§ 3.]
18.165.040
18.165.040 Armed private investigator license—
Requirements. (1) An applicant must meet the following
minimum requirements to obtain an armed private investigator license:
(a) Be licensed as a private investigator;
(b) Be at least twenty-one years of age;
(c) Have a current firearms certificate issued by the commission;
(d) Have a license to carry a concealed pistol; and
(e) Pay the fee established by the director.
(2) The armed private investigator license may take the
form of an endorsement to the private investigator license if
deemed appropriate by the director. [1995 c 277 § 21; 1991
c 328 § 4.]
18.165.050
18.165.050 Private investigator agency license—
Requirements, restrictions—Assignment or transfer. (1)
In addition to meeting the minimum requirements to obtain a
license as a private investigator, an applicant, or, in the case
of a partnership or limited partnership, each partner, or, in the
case of a corporation, the qualifying agent must meet the following additional requirements to obtain a private investigator agency license:
(a) Pass an examination determined by the director to
measure the person's knowledge and competence in the private investigator agency business; or
(b) Have had at least three years' experience in investigative work or its equivalent as determined by the director. A
year's experience means not less than two thousand hours of
actual compensated work performed before the filing of an
application. An applicant shall substantiate the experience by
written certifications from previous employers. If the applicant is unable to supply written certifications from previous
employers, applicants may offer written certifications from
professional persons other than employers who, based on personal professional knowledge, can substantiate the employment.
(2004 Ed.)
Private Investigators
(2) An agency license issued pursuant to this section may
not be assigned or transferred without prior written approval
of the director.
(3) No license to own or operate a private investigator
company may be issued to an applicant if the name of the
company portrays the company as a public law enforcement
agency, or in association with a public law enforcement
agency, or includes the word "police." [1995 c 277 § 22;
1991 c 328 § 5.]
18.165.060
18.165.060 Armed private investigator license
authority—Registration of firearms. (1) An armed private
investigator license grants authority to the holder, while in
the performance of his or her duties, to carry a firearm with
which the holder has met the proficiency requirements established by the commission.
(2) All firearms carried by armed private investigators in
the performance of their duties must be owned by the
employer and, if required by law, must be registered with the
proper government agency. [1995 c 277 § 23; 1991 c 328 §
6.]
18.165.100
(c) An armed private investigator shall carry the license
card whenever he or she is performing the duties of an armed
private investigator and shall exhibit the card upon request.
(2) The director shall issue a license certificate to each
licensed private investigator agency.
(a) Within seventy-two hours after receipt of the license
certificate, the licensee shall post and display the certificate
in a conspicuous place in the principal office of the licensee
within the state.
(b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate
upon premises other than those described in the license certificate or to materially alter a license certificate.
(c) Every advertisement by a licensee that solicits or
advertises business shall contain the name of the licensee, the
address of record, and the license number as they appear in
the records of the director.
(d) The licensee shall notify the director within thirty
days of any change in the licensee's officers or directors or
any material change in the information furnished or required
to be furnished to the director. [1995 c 277 § 26; 1991 c 328
§ 8.]
18.165.070
18.165.070 Investigation of applicants. (1) Applications for licenses required under this chapter shall be filed
with the director on a form provided by the director. The
director may require any information and documentation that
reasonably relates to the need to determine whether the applicant meets the criteria.
(2) After receipt of an application for a license, the director shall conduct an investigation to determine whether the
facts set forth in the application are true and shall request that
the Washington state patrol compare the fingerprints submitted with the application to fingerprint records available to the
Washington state patrol. The Washington state patrol shall
forward the fingerprints of applicants for an armed private
investigator license to the federal bureau of investigation for
a national criminal history records check. The director may
require that fingerprint cards of licensees be periodically
reprocessed to identify criminal convictions subsequent to
registration.
(3) The director shall solicit comments from the chief
law enforcement officer of the county and city or town in
which the applicant's employer is located on issuance of a
permanent private investigator license.
(4) A summary of the information acquired under this
section, to the extent that it is public information, may be forwarded by the department to the applicant's employer. [1995
c 277 § 25; 1991 c 328 § 7.]
18.165.080
18.165.080 License cards and certificates—Issuance
and requirements. (1) The director shall issue a private
investigator license card to each licensed private investigator
and an armed private investigator license card to each armed
private investigator.
(a) The license card may not be used as security clearance.
(b) A private investigator shall carry the license card
whenever he or she is performing the duties of a private
investigator and shall exhibit the card upon request.
(2004 Ed.)
18.165.090
18.165.090 Preassignment training and testing. (1)
The director shall adopt rules establishing preassignment
training and testing requirements. The director may establish,
by rule, continuing education requirements for private investigators.
(2) The director shall consult with the private investigator industry and law enforcement before adopting or amending the preassignment training or continuing education
requirements of this section. [1995 c 277 § 27; 1991 c 328 §
9.]
18.165.100
18.165.100 Agency license—Surety bond or certificate of insurance required. (1) No private investigator
agency license may be issued under the provisions of this
chapter unless the applicant files with the director a surety
bond, executed by a surety company authorized to do business in this state, in the sum of ten thousand dollars conditioned to recover against the principal and its servants, officers, agents, and employees by reason of its wrongful or illegal
acts in conducting business licensed under this chapter. The
bond shall be made payable to the state of Washington, and
anyone so injured by the principal or its servants, officers,
agents, or employees shall have the right and shall be permitted to sue directly upon this obligation in his or her own
name. This obligation shall be subject to successive suits for
recovery until the face amount is completely exhausted.
(2) Every licensee must at all times maintain on file with
the director the surety bond required by this section in full
force and effect. Upon failure by a licensee to do so, the
director shall suspend the licensee's license and shall not reinstate the license until this requirement is met.
(3) In lieu of posting bond, a licensed private investigator
agency may file with the director a certificate of insurance as
evidence that it has comprehensive general liability coverage
of at least twenty-five thousand dollars for bodily or personal
injury and twenty-five thousand dollars for property damage.
[Title 18 RCW—page 311]
18.165.110
Title 18 RCW: Businesses and Professions
(4) The director may approve alternative methods of
guaranteeing financial responsibility. [1995 c 277 § 28; 1991
c 328 § 10.]
18.165.110
18.165.110 Regulatory provisions exclusive—
Authority of the state and political subdivisions. (1) The
provisions of this chapter relating to the licensing for regulatory purposes of private investigators, armed private investigators, and private investigator agencies are exclusive. No
governmental subdivision of this state may enact any laws or
rules licensing for regulatory purposes such persons, except
as provided in subsections (2) and (3) of this section.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business fee,
business and occupation tax, or other tax upon private investigator agencies if such fees or taxes are levied by the state on
other types of businesses within its boundaries.
(3) This section shall not be construed to prevent this
state or a political subdivision of this state from licensing for
regulatory purposes private investigator agencies with
respect to activities that are not regulated under this chapter.
[1995 c 277 § 29; 1991 c 328 § 11.]
18.165.120
18.165.120 Out-of-state private investigators operating across state lines. Private investigators or armed private
investigators whose duties require them to operate across
state lines may operate in this state for up to thirty days per
year, if they are properly registered and certified in another
state with training and certification requirements that the
director finds are at least equal to the requirements of this
state. [1995 c 277 § 30; 1991 c 328 § 12.]
18.165.130
18.165.130 Required notice of certain occurrences.
(1) A private investigator agency shall notify the director
within thirty days after the death or termination of employment of any employee who is a licensed private investigator
or armed private investigator by returning the license to the
department with the word "terminated" written across the
face of the license, the date of termination, and the signature
of the principal of the private investigator company.
(2) A private investigator agency shall notify the director
within seventy-two hours and the chief law enforcement
officer of the county, city, or town in which the agency is
located immediately upon receipt of information affecting a
licensed private investigator's or armed private investigator's
continuing eligibility to hold a license under the provisions of
this chapter.
(3) A private investigator company shall notify the local
law enforcement agency whenever an employee who is an
armed private investigator discharges his or her firearm while
on duty other than on a supervised firearm range. The notification shall be made within ten business days of the date the
firearm is discharged. [2000 c 171 § 38; 1995 c 277 § 31;
1991 c 328 § 13.]
18.165.140
18.165.140 Out-of-state private investigators—
Application—Fee—Temporary assignment. (1) Any person from another state that the director determines has selection, training, and other requirements at least equal to those
required by this chapter, and who holds a valid license, regis[Title 18 RCW—page 312]
tration, identification, or similar card issued by the other
state, may apply for a private investigator license card or
armed private investigator license card on a form prescribed
by the director. Upon receipt of an application fee to be determined by the director, the director shall issue the individual a
private investigator license card or armed private investigator
license card.
(2) A valid license, registration, identification, or similar
card issued by any other state of the United States is valid in
this state for a period of ninety days, but only if the licensee
is on temporary assignment for the same employer that
employs the licensee in the state in which he or she is a permanent resident.
(3) A person from another state on temporary assignment
in Washington may not solicit business in this state or represent himself or herself as licensed in this state. [1995 c 277 §
32; 1991 c 328 § 14.]
18.165.150 Licenses required—Use of public law
enforcement insignia prohibited—Penalties—Enforcement. (1) After June 30, 1992, any person who performs the
functions and duties of a private investigator in this state
without being licensed in accordance with the provisions of
this chapter, or any person presenting or attempting to use as
his or her own the license of another, or any person who gives
false or forged evidence of any kind to the director in obtaining a license, or any person who falsely impersonates any
other licensee, or any person who attempts to use an expired
or revoked license, or any person who violates any of the provisions of this chapter is guilty of a gross misdemeanor.
(2) After January 1, 1992, a person is guilty of a gross
misdemeanor if he or she owns or operates a private investigator agency in this state without first obtaining a private
investigator agency license.
(3) After June 30, 1992, the owner or qualifying agent of
a private investigator agency is guilty of a gross misdemeanor if he or she employs any person to perform the duties
of a private investigator without the employee having in his
or her possession a permanent private investigator license
issued by the department. This shall not preclude a private
investigator agency from requiring applicants to attend preassignment training classes or from paying wages for attending
the required preassignment training classes.
(4) After June 30, 1992, a person is guilty of a gross misdemeanor if he or she performs the functions and duties of an
armed private investigator in this state unless the person
holds a valid armed private investigator license issued by the
department.
(5) After June 30, 1992, it is a gross misdemeanor for a
private investigator agency to hire, contract with, or otherwise engage the services of an unlicensed armed private
investigator knowing that the private investigator does not
have a valid armed private investigator license issued by the
director.
(6) It is a gross misdemeanor for a person to possess or
use any vehicle or equipment displaying the word "police" or
"law enforcement officer" or having any sign, shield, marking, accessory, or insignia that indicates that the equipment or
vehicle belongs to a public law enforcement agency.
(7) It is the duty of all officers of the state and political
subdivisions thereof to enforce the provisions of this chapter.
18.165.150
(2004 Ed.)
Private Investigators
The attorney general shall act as legal adviser of the director,
and render such legal assistance as may be necessary in carrying out the provisions of this chapter. [1995 c 277 § 33;
1991 c 328 § 15.]
18.165.155
18.165.155 Transfer of license. A licensee who transfers from one company to another must submit a transfer
application on a form prescribed by the director along with a
transfer fee established by the director. [1995 c 277 § 20.]
18.165.160
18.165.160 Unprofessional conduct. In addition to the
unprofessional conduct described in RCW 18.235.130, the
director may take disciplinary action for the following conduct, acts, or conditions:
(1) Violating any of the provisions of this chapter or the
rules adopted under this chapter;
(2) Making a material misstatement or omission in the
application for or renewal of a firearms certificate, including
falsifying requested identification information;
(3) Not meeting the qualifications set forth in RCW
18.165.030, 18.165.040, or 18.165.050;
(4) Failing to return immediately on demand a firearm
issued by an employer;
(5) Carrying a firearm in the performance of his or her
duties if not the holder of a valid armed private investigator
license, or carrying a firearm not meeting the provisions of
this chapter while in the performance of his or her duties;
(6) Failing to return immediately on demand company
identification, badges, or other items issued to the private
investigator by an employer;
(7) Making any statement that would reasonably cause
another person to believe that the private investigator is a
sworn peace officer;
(8) Divulging confidential information obtained in the
course of any investigation to which he or she was assigned;
(9) Acceptance of employment that is adverse to a client
or former client and relates to a matter about which a licensee
has obtained confidential information by reason of or in the
course of the licensee's employment by the client;
(10) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in
RCW 18.165.050;
(11) Assisting a client to locate, trace, or contact a person
when the investigator knows that the client is prohibited by
any court order from harassing or contacting the person
whom the investigator is being asked to locate, trace, or contact, as it pertains to domestic violence, stalking, or minor
children;
(12) Failure to maintain bond or insurance;
(13) Failure to have a qualifying principal in place; or
(14) Being certified as not in compliance with a support
order as provided in RCW 74.20A.320. [2002 c 86 § 245;
1997 c 58 § 835; 1995 c 277 § 34; 1991 c 328 § 16.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
(2004 Ed.)
18.165.210
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.165.165
18.165.165 Display of firearms while soliciting clients. No licensee, employee or agent of a licensee, or anyone
accompanying a licensee, employee, or agent may display a
firearm while soliciting a client. [1995 c 277 § 24.]
18.165.170
18.165.170 Authority of director. The director has the
following authority in administering this chapter:
(1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
(2) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(3) To adopt standards of professional conduct or practice;
(4) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The
applicant or license holder shall not be required to admit to
any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under
this subsection is grounds for disciplinary action; and
(5) To employ such administrative and clerical staff as
necessary for the enforcement of this chapter. [2002 c 86 §
246; 1995 c 277 § 35; 1991 c 328 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.165.180
18.165.180 Complaints—Investigation—Immunity.
A person, including but not limited to consumers, licensees,
corporations, organizations, and state and local governmental
agencies, may submit a written complaint to the department
charging a license holder or applicant with unprofessional or
unlawful conduct and specifying the grounds for the charge.
If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal
complaint, that a license holder or applicant may have
engaged in unprofessional or unlawful conduct, the director
shall investigate to determine if there has been unprofessional
or unlawful conduct. A person who files a complaint under
this section in good faith is immune from suit in any civil
action related to the filing or contents of the complaint. [1995
c 277 § 36; 1991 c 328 § 18.]
18.165.210
18.165.210 Inability to practice by reason of a mental
or physical condition—Statement of charges—Hearing—
Sanctions—Mental or physical examinations—Presumed
consent for examination. (1) If the director believes a
license holder or applicant may be unable to practice with
reasonable skill and safety to the public by reason of any
mental or physical condition, a statement of charges shall be
served on the license holder or applicant and notice shall also
be issued providing an opportunity for a hearing. The hearing
shall be limited to the sole issue of the capacity of the license
holder or applicant to practice with reasonable skill or safety.
If the director determines that the license holder or applicant
is unable to practice with reasonable skill and safety for one
[Title 18 RCW—page 313]
18.165.220
Title 18 RCW: Businesses and Professions
of the reasons stated in this subsection, the director shall
impose such sanctions as are deemed necessary to protect the
public.
(2) In investigating or adjudicating a complaint or report
that a license holder or applicant may be unable to practice
with reasonable skill or safety by reason of a mental or physical condition, the department may require a license holder or
applicant to submit to a mental or physical examination by
one or more licensed or certified health professionals designated by the director. The cost of the examinations ordered
by the department shall be paid by the department. In addition to any examinations ordered by the department, the licensee may submit physical or mental examination reports
from licensed or certified health professionals of the license
holder's or applicant's choosing and expense. Failure of the
license holder or applicant to submit to examination when
directed constitutes grounds for immediate suspension or
withholding of the license, consequent upon which a default
and final order may be entered without the taking of testimony or presentations of evidence, unless the failure was due
to circumstances beyond the person's control. A determination by a court of competent jurisdiction that a license holder
or applicant is mentally incompetent or mentally ill is presumptive evidence of the license holder's or applicant's
inability to practice with reasonable skill and safety. An individual affected under this section shall at reasonable intervals
be afforded an opportunity to demonstrate that the individual
can resume competent practice with reasonable skill and
safety to the public.
(3) For the purpose of subsection (2) of this section, an
applicant or license holder governed by this chapter, by making application, practicing, or filing a license renewal, is
deemed to have given consent to submit to a mental, physical,
or psychological examination if directed in writing by the
department and further to have waived all objections to the
admissibility or use of the examining health professional's
testimony or examination reports by the director on the
ground that the testimony or reports constitute hearsay or
privileged communications. [1991 c 328 § 21.]
18.165.220
18.165.220 Unprofessional, unlawful conduct or
inability to practice—Penalties. Upon a finding that a
license holder or applicant has committed unprofessional or
unlawful conduct or is unable to practice with reasonable
skill and safety due to a physical or mental condition, the
director may issue an order providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific
program of remedial education or treatment;
(5) Monitoring of the practice by a supervisor approved
by the director;
(6) Censure or reprimand;
(7) Compliance with conditions of probation for a designated period of time;
(8) Withholding a license request;
(9) Other corrective action;
[Title 18 RCW—page 314]
(10) Refund of fees billed to and collected from the consumer; or
(11) Assessing administrative penalties.
Any of the actions under this section may be totally or
partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant. [1995 c 277 § 38; 1991
c 328 § 22.]
18.165.230
18.165.230 Enforcement of orders for payment of
fines. If an order for payment of a fine is made as a result of
a hearing and timely payment is not made as directed in the
final order, the director may enforce the order for payment in
the superior court in the county in which the hearing was
held. This right of enforcement shall be in addition to any
other rights the director may have as to a licensee ordered to
pay a fine but shall not be construed to limit a licensee's ability to seek judicial review.
In an action for enforcement of an order of payment of a
fine, the director's order is conclusive proof of the validity of
the order of payment of a fine and the terms of payment.
[1991 c 328 § 23.]
18.165.270
18.165.270 Application of administrative procedure
act to acts of the director. The director, in implementing
and administering the provisions of this chapter, shall act in
accordance with the administrative procedure act, chapter
34.05 RCW. [1991 c 328 § 27.]
18.165.280
18.165.280 License or certificate suspension—Nonpayment or default on educational loan or scholarship.
The director shall suspend the license or certificate of any
person who has been certified by a lending agency and
reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must
provide the person an opportunity for a brief adjudicative
proceeding under RCW 34.05.485 through 34.05.494 and
issue a finding of nonpayment or default on a federally or
state-guaranteed educational loan or service-conditional
scholarship. The person's license or certificate shall not be
reissued until the person provides the director a written
release issued by the lending agency stating that the person is
making payments on the loan in accordance with a repayment
agreement approved by the lending agency. If the person has
continued to meet all other requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 22.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.165.290
18.165.290 License suspension—Noncompliance
with support order—Reissuance. The director shall immediately suspend a license issued under this chapter if the
holder has been certified pursuant to RCW 74.20A.320 by
the department of social and health services as a person who
is not in compliance with a support order or a *residential or
visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's
(2004 Ed.)
Security Guards
receipt of a release issued by the department of social and
health services stating that the person is in compliance with
the order. [1997 c 58 § 836.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.165.300 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 247.]
18.165.300
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.165.900 Severability—1991 c 328. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 328 § 29.]
18.165.900
18.165.901 Severability—Effective date—1995 c 277.
See RCW 18.170.901 and 18.170.902.
18.165.901
Chapter 18.170
Chapter 18.170 RCW
SECURITY GUARDS
Sections
18.170.010
18.170.020
18.170.030
18.170.040
18.170.050
18.170.060
18.170.070
18.170.080
18.170.090
18.170.100
18.170.110
18.170.120
18.170.130
18.170.140
18.170.150
18.170.160
18.170.163
18.170.164
18.170.165
18.170.170
18.170.175
18.170.180
18.170.210
(2004 Ed.)
Definitions.
Exemptions.
Security guard license—Requirements.
Armed private security guard license—Requirements.
Armed private security guard license authority—Registration
of firearms.
Private security company license—Requirements, restrictions—Qualifying agent—Assignment or transfer of license.
License cards and certificates—Issuance and requirements.
Licensed private security companies—Certificate of insurance
required.
Temporary registration cards—Requirements—Expiration—
Suspension.
Training and testing requirements.
Required notice of certain occurrences.
Out-of-state licensees—Application—Fee—Temporary
assignment.
Investigation of applicants.
Regulatory provisions exclusive—Authority of the state and
political subdivisions.
Out-of-state private security guards operating across state
lines.
Licenses required—Use of public law enforcement insignia
prohibited—Penalties—Enforcement.
License or certificate suspension—Nonpayment or default on
educational loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Transfer of license.
Unprofessional conduct.
Display of firearms while soliciting clients.
Authority of director.
Application of administrative procedure act to hearings.
18.170.220
18.170.230
18.170.280
18.170.290
18.170.300
18.170.900
18.170.901
18.170.902
18.170.010
Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing—Sanctions—Examinations—Presumed consent.
Unprofessional conduct or inability to practice—Penalties.
Application of administrative procedure act to acts of the
director.
Uniform regulation of business and professions act.
Reciprocity agreements.
Severability—1991 c 334.
Severability—1995 c 277.
Effective date—1995 c 277.
18.170.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Armed private security guard" means a private security guard who has a current firearms certificate issued by the
commission and is licensed as an armed private security
guard under this chapter.
(2) "Armored vehicle guard" means a person who transports in an armored vehicle under armed guard, from one
place to another place, valuables, jewelry, currency, documents, or any other item that requires secure delivery.
(3) "Burglar alarm response runner" means a person
employed by a private security company to respond to burglar alarm system signals.
(4) "Burglar alarm system" means a device or an assembly of equipment and devices used to detect or signal unauthorized intrusion, movement, or exit at a protected premises,
other than in a vehicle, to which police or private security
guards are expected to respond.
(5) "Chief law enforcement officer" means the elected or
appointed police administrator of a municipal, county, or
state police or sheriff's department that has full law enforcement powers in its jurisdiction.
(6) "Classroom instruction" means instruction that takes
place in a setting where individuals receiving training are
assembled together and learn through lectures, study papers,
class discussion, textbook study, or other means of organized
formal education techniques, such as video, closed circuit, or
other forms of electronic means, and as distinguished from
on-the-job education or training.
(7) "Commission" means the criminal justice training
commission established in chapter 43.101 RCW.
(8) "Department" means the department of licensing.
(9) "Director" means the director of the department of
licensing.
(10) "Employer" includes any individual, firm, corporation, partnership, association, company, society, manager,
contractor, subcontractor, bureau, agency, service, office, or
an agent of any of the foregoing that employs or seeks to
enter into an arrangement to employ any person as a private
security guard.
(11) "Firearms certificate" means the certificate issued
by the commission.
(12) "Licensee" means a person granted a license
required by this chapter.
(13) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an
agent or employee of any of the foregoing.
(14) "Postassignment or on-the-job training" means
training that occurs in either an assisted field environment or
in a classroom instruction setting, or both.
18.170.010
[Title 18 RCW—page 315]
18.170.020
Title 18 RCW: Businesses and Professions
(15) "Preassignment training" means the classroom
training completed prior to being assigned to work independently.
(16) "Principal corporate officer" means the president,
vice-president, treasurer, secretary, comptroller, or any other
person who performs the same functions for the corporation
as performed by these officers.
(17) "Private security company" means a person or entity
licensed under this chapter and engaged in the business of
providing the services of private security guards on a contractual basis.
(18) "Private security guard" means an individual who is
licensed under this chapter and principally employed as or
typically referred to as one of the following:
(a) Security officer or guard;
(b) Patrol or merchant patrol service officer or guard;
(c) Armed escort or bodyguard;
(d) Armored vehicle guard;
(e) Burglar alarm response runner; or
(f) Crowd control officer or guard.
(19) "Qualifying agent" means an officer or manager of
a corporation who meets the requirements set forth in this
chapter for obtaining a license to own or operate a private
security company.
(20) "Sworn peace officer" means a person who is an
employee of the federal government, the state, a political subdivision, agency, or department branch of a municipality, or
other unit of local government, and has law enforcement
powers. [2004 c 50 § 1; 1991 c 334 § 1.]
18.170.020
18.170.020 Exemptions. The requirements of this
chapter do not apply to:
(1) A person who is employed exclusively or regularly
by one employer and performs the functions of a private
security guard solely in connection with the affairs of that
employer, if the employer is not a private security company;
(2) A sworn peace officer while engaged in the performance of the officer's official duties; or
(3) A sworn peace officer while employed by any person
to engage in off-duty employment as a private security guard,
but only if the employment is approved by the chief law
enforcement officer of the jurisdiction where the employment
takes place and the sworn peace officer does not employ,
contract with, or broker for profit other persons to assist him
or her in performing the duties related to his or her private
employer. [1991 c 334 § 2.]
18.170.030
18.170.030 Security guard license—Requirements.
An applicant must meet the following minimum requirements to obtain a private security guard license:
(1) Be at least eighteen years of age;
(2) Be a citizen of the United States or a resident alien;
(3) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant's particular
crime directly relates to his or her capacity to perform the
duties of a private security guard, and the director determines
that the license should be withheld to protect the citizens of
Washington state. The director shall make her or his determination to withhold a license because of previous convictions
[Title 18 RCW—page 316]
notwithstanding the restoration of employment rights act,
chapter 9.96A RCW;
(4) Be employed by or have an employment offer from a
licensed private security company or be licensed as a private
security company;
(5) Satisfy the training requirements established by the
director;
(6) Submit a set of fingerprints;
(7) Pay the required nonrefundable fee for each application; and
(8) Submit a fully completed application that includes
proper identification on a form prescribed by the director for
each company of employment. [1995 c 277 § 1; 1991 c 334
§ 3.]
18.170.040
18.170.040 Armed private security guard license—
Requirements. (1) An applicant must meet the following
minimum requirements to obtain an armed private security
guard license:
(a) Be licensed as a private security guard;
(b) Be at least twenty-one years of age;
(c) Have a current firearms certificate issued by the commission; and
(d) Pay the fee established by the director.
(2) An armed private security guard license may take the
form of an endorsement to the security guard license if
deemed appropriate by the director. [1991 c 334 § 4.]
18.170.050
18.170.050 Armed private security guard license
authority—Registration of firearms. (1) An armed private
security guard license grants authority to the holder, while in
the performance of his or her duties, to carry a firearm with
which the holder has met the proficiency requirements established by the commission.
(2) All firearms carried by armed private security guards
in the performance of their duties must be owned or leased by
the employer and, if required by law, must be registered with
the proper government agency. [1991 c 334 § 5.]
18.170.060
18.170.060 Private security company license—
Requirements, restrictions—Qualifying agent—Assignment or transfer of license. (1) In addition to meeting the
minimum requirements to obtain a license as a private security guard, an applicant, or, in the case of a partnership, each
partner, or, in the case of a corporation, the qualifying agent
must meet the following requirements to obtain a license to
own or operate a private security company:
(a) Possess three years' experience as a manager, supervisor, or administrator in the private security business or a
related field approved by the director, or be at least twentyone years of age and pass an examination determined by the
director to measure the person's knowledge and competence
in the private security business;
(b) Meet the insurance requirements of this chapter; and
(c) Pay any additional fees established by the director.
(2) If the qualifying agent upon whom the licensee relies
to comply with subsection (1) of this section ceases to perform his or her duties on a regular basis, the licensee must
promptly notify the director by certified or registered mail.
Within sixty days of sending notification to the director, the
(2004 Ed.)
Security Guards
licensee must obtain a substitute qualifying agent who meets
the requirements of this section. The director may extend the
period for obtaining a substitute qualifying agent.
(3) A company license issued pursuant to this section
may not be assigned or transferred without prior written
approval of the director.
(4) No license to own or operate a private security guard
company may be issued to an applicant if the name of the
company portrays the company as a public law enforcement
agency, or in association with a public law enforcement
agency, or includes the word "police." [1995 c 277 § 4; 1991
c 334 § 6.]
18.170.070
18.170.070 License cards and certificates—Issuance
and requirements. (1) The director shall issue a private
security guard license card to each licensed private security
guard and an armed private security guard license card to
each armed private security guard.
(a) The license card may not be used as security clearance.
(b) A private security guard shall carry the license card
whenever he or she is performing the duties of a private security guard and shall exhibit the card upon request.
(c) An armed private security guard shall carry the
license card whenever he or she is performing the duties of an
armed private security guard and shall exhibit the card upon
request.
(2) The director shall issue a license certificate to each
licensed private security company.
(a) Within seventy-two hours after receipt of the license
certificate, the licensee shall post and display the certificate
in a conspicuous place in the principal office of the licensee
within the state.
(b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate
upon premises other than those described in the license certificate or to materially alter a license certificate.
(c) Every advertisement by a licensee that solicits or
advertises business shall contain the name of the licensee, the
address of record, and the license number as they appear in
the records of the director.
(d) The licensee shall notify the director within thirty
days of any change in the licensee's officers or directors or
any material change in the information furnished or required
to be furnished to the director. [1995 c 277 § 5; 1991 c 334 §
7.]
18.170.080
18.170.080 Licensed private security companies—
Certificate of insurance required. A licensed private security company shall file and maintain with the director a certificate of insurance as evidence that it has comprehensive general liability coverage of at least twenty-five thousand dollars
for bodily or personal injury and twenty-five thousand dollars
for property damage. [1991 c 334 § 8.]
18.170.090
18.170.090 Temporary registration cards—Requirements—Expiration—Suspension. (1) A licensed private
security company may issue an employee a temporary registration card of the type and form provided by the director, but
only after the employee has completed preassignment train(2004 Ed.)
18.170.100
ing and submitted a full and complete application for a private security guard license to the department. The application
must be mailed to the department within three business days
after issuance of the temporary registration card. The temporary registration card is valid for a maximum period of sixty
days and does not authorize a person to carry firearms during
the performance of his or her duties as a private security
guard. The temporary registration card permits the applicant
to perform the duties of a private security guard for the issuing licensee.
(2) Upon expiration of a temporary registration card or
upon the receipt of a permanent registration card or notification from the department that a permanent license is being
withheld from an applicant, the applicant shall surrender his
or her temporary registration card to the licensee.
(3) The director may suspend the authority to use temporary registration cards for a period of one year for any private
security guard company that fails to comply with the provisions of this section. After the suspension period, the director
may reinstate the company's use of temporary registration
cards after receipt of a written request from the company.
[1995 c 277 § 6; 1991 c 334 § 9.]
18.170.100
18.170.100 Training and testing requirements. (1)(a)
The director shall adopt rules establishing preassignment and
postassignment or on-the-job training and testing requirements.
(b)(i) Except as provided under (b)(ii) of this subsection,
beginning July 1, 2005, all security guards licensed on or
after July 1, 2005, must complete at least eight hours of preassignment training. Preassignment training must include a
minimum of four hours of classroom instruction, and a minimum of four additional hours that may be of classroom training, on-the-job training, or any combination of the two. A
department certified trainer must report the preassignment
training to the department.
(ii) Any person who was most recently employed fulltime as a sworn peace officer not more than five years prior
to applying to become licensed as a private security guard
may be deemed to satisfy the training required under (b)(i) of
this subsection upon passage of the examination typically
administered to applicants at the conclusion of the preassignment training required under (b)(i) of this subsection.
(iii) The director may establish, by rule, training requirements for private security guards.
(2) Beginning July 1, 2005, all security guards must
complete at least eight hours of postassignment or on-the-job
training.
(a) For security guards initially licensed on or after July
1, 2005, four hours of postassignment training must be completed within six months of the date an initial private security
guard license is issued by the director and the remaining four
hours completed within twelve months of the date an initial
private security guard license is issued by the department.
(b) For security guards licensed prior to July 1, 2005, at
least four hours of postassignment training must be completed by December 31, 2005, and the remaining four hours
by July 1, 2006.
(c) Postassignment or on-the-job training must be in the
topic areas established by the director and may occur in a
classroom setting, in the field, or a combination of the two. A
[Title 18 RCW—page 317]
18.170.110
Title 18 RCW: Businesses and Professions
department certified trainer need not report postassignment
or on-the-job training. However, a department-certified
trainer must attest in writing that the training occurred.
(d) The number of required postassignment training
hours must be increased by one hour on January 1st of every
year until January 1, 2012. The number of postassignment
training hours required of a security guard is the number
required on the date the security guard was initially licensed
by the department. These additional hours of training must
be completed within eighteen months after the date a security
guard initial license is issued by the department.
(e) The director shall require companies to maintain
records regarding the postassignment training hours completed by each employee. All such records are subject to
inspection by the department. The training requirements and
test results must be recorded and attested to as appropriate by
a certified trainer.
(3) The director shall consult with the private security
industry and law enforcement before adopting or amending
the training requirements of this section. [2004 c 50 § 2;
1995 c 277 § 7; 1991 c 334 § 10.]
18.170.110
18.170.110 Required notice of certain occurrences.
(1) A private security company shall notify the director
within thirty days after the death or termination of employment of any employee who is a licensed private security
guard or armed private security guard by returning the license
to the department with the word "terminated" written across
the face of the license, the date of termination, and the signature of the principal or the principal's designee of the private
security guard company.
(2) A private security company shall notify the department within seventy-two hours and the chief law enforcement officer of the county, city, or town in which the private
security guard or armed private security guard was last
employed immediately upon receipt of information affecting
his or her continuing eligibility to hold a license under the
provisions of this chapter.
(3) A private security guard company shall notify the
local law enforcement agency whenever an employee who is
an armed private security guard discharges his or her firearm
while on duty other than on a supervised firearm range. The
notification shall be made within ten business days of the date
the firearm is discharged. [2000 c 171 § 39; 1995 c 277 § 8;
1991 c 334 § 11.]
18.170.120
18.170.120 Out-of-state licensees—Application—
Fee—Temporary assignment. (1) Any person from another
state that the director determines has selection, training, and
other requirements at least equal to those required by this
chapter, and who holds a valid license, registration, identification, or similar card issued by the other state, may apply for
a private security guard license card or armed private security
guard license card on a form prescribed by the director. Upon
receipt of a processing fee to be determined by the director,
the director shall issue the individual a private security guard
license card or armed private security guard license card.
(2) A valid private security guard license, registration,
identification, or similar card issued by any other state of the
United States is valid in this state for a period of ninety days,
[Title 18 RCW—page 318]
but only if the licensee is on temporary assignment as a private security guard for the same employer that employs the
licensee in the state in which he or she is a permanent resident.
(3) A person from another state on temporary assignment
in Washington may not solicit business in this state or represent himself or herself as licensed in this state. [1995 c 277 §
9; 1991 c 334 § 12.]
18.170.130
18.170.130 Investigation of applicants. (1) Applications for licenses required under this chapter shall be filed
with the director on a form provided by the director. The
director may require any information and documentation that
reasonably relates to the need to determine whether the applicant meets the criteria.
(2) After receipt of an application for a license, the director shall conduct an investigation to determine whether the
facts set forth in the application are true and shall request that
the Washington state patrol compare the fingerprints submitted with the application to fingerprint records available to the
Washington state patrol. The Washington state patrol shall
forward the fingerprints of applicants for an armed private
security guard license to the Federal Bureau of Investigation
for a national criminal history records check. The director
may require that fingerprint cards of licensees be periodically
reprocessed to identify criminal convictions subsequent to
registration.
(3) The director shall solicit comments from the chief
law enforcement officer of the county and city or town in
which the applicant's employer is located on issuance of a
permanent private security guard license.
(4) A summary of the information acquired under this
section, to the extent that it is public information, shall be forwarded by the department to the applicant's employer. [1995
c 277 § 10; 1991 c 334 § 13.]
18.170.140
18.170.140 Regulatory provisions exclusive—
Authority of the state and political subdivisions. (1) The
provisions of this chapter relating to the licensing for regulatory purposes of private security guards, armed private security guards, and private security companies are exclusive. No
governmental subdivision of this state may enact any laws or
rules licensing for regulatory purposes such persons, except
as provided in subsections (2) and (3) of this section.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business license
fee, business and occupation tax, or other tax upon private
security companies if such fees or taxes are levied on other
types of businesses within its boundaries.
(3) This section shall not be construed to prevent this
state or a political subdivision of this state from licensing or
regulating private security companies with respect to activities performed or offered that are not of a security nature.
[1991 c 334 § 14.]
18.170.150
18.170.150 Out-of-state private security guards operating across state lines. Private security guards or armed
private security guards whose duties require them to operate
across state lines may operate in this state if they are properly
registered and certified in another state with training, insur(2004 Ed.)
Security Guards
ance, and certification requirements that the director finds are
at least equal to the requirements of this state. [1991 c 334 §
15.]
18.170.160
18.170.160 Licenses required—Use of public law
enforcement insignia prohibited—Penalties—Enforcement. (1) After June 30, 1992, any person who performs the
functions and duties of a private security guard in this state
without being licensed in accordance with this chapter, or any
person presenting or attempting to use as his or her own the
license of another, or any person who gives false or forged
evidence of any kind to the director in obtaining a license, or
any person who falsely impersonates any other licensee, or
any person who attempts to use an expired or revoked
license, or any person who violates any of the provisions of
this chapter is guilty of a gross misdemeanor.
(2) After January 1, 1992, a person is guilty of a gross
misdemeanor if he or she owns or operates a private security
company in this state without first obtaining a private security company license.
(3) After June 30, 1992, the owner or qualifying agent of
a private security company is guilty of a gross misdemeanor
if he or she employs an unlicensed person to perform the
duties of a private security guard without issuing the
employee a valid temporary registration card if the employee
does not have in his or her possession a permanent private
security guard license issued by the department. This subsection does not preclude a private security company from
requiring applicants to attend preassignment training classes
or from paying wages for attending the required preassignment training classes.
(4) After June 30, 1992, a person is guilty of a gross misdemeanor if he or she performs the functions and duties of an
armed private security guard in this state unless the person
holds a valid armed private security guard license issued by
the department.
(5) After June 30, 1992, it is a gross misdemeanor for a
private security company to hire, contract with, or otherwise
engage the services of an unlicensed armed private security
guard knowing that he or she does not have a valid armed private security guard license issued by the director.
(6) It is a gross misdemeanor for a person to possess or
use any vehicle or equipment displaying the word "police" or
"law enforcement officer" or having any sign, shield, marking, accessory, or insignia that indicates that the equipment or
vehicle belongs to a public law enforcement agency.
(7) It is a gross misdemeanor for any person who performs the functions and duties of a private security guard to
use any name that includes the word "police" or "law enforcement" or that portrays the individual or a business as a public
law enforcement agency.
(8) It is the duty of all officers of the state and political
subdivisions thereof to enforce the provisions of this chapter.
The attorney general shall act as legal adviser of the director,
and render such legal assistance as may be necessary in carrying out the provisions of this chapter. [1995 c 277 § 11;
1991 c 334 § 16.]
18.170.163
18.170.163 License or certificate suspension—Nonpayment or default on educational loan or scholarship.
(2004 Ed.)
18.170.170
The director shall suspend the license or certificate of any
person who has been certified by a lending agency and
reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must
provide the person an opportunity for a brief adjudicative
proceeding under RCW 34.05.485 through 34.05.494 and
issue a finding of nonpayment or default on a federally or
state-guaranteed educational loan or service-conditional
scholarship. The person's license or certificate shall not be
reissued until the person provides the director a written
release issued by the lending agency stating that the person is
making payments on the loan in accordance with a repayment
agreement approved by the lending agency. If the person has
continued to meet all other requirements for licensure or certification during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose. [1996 c 293 § 23.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.170.164
18.170.164 License suspension—Noncompliance
with support order—Reissuance. The director shall immediately suspend any license issued under this chapter if the
holder has been certified pursuant to RCW 74.20A.320 by
the department of social and health services as a person who
is not in compliance with a support order or a *residential or
visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the person is in compliance with
the order. [1997 c 58 § 838.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.170.165
18.170.165 Transfer of license. A licensee who transfers from one company to another must submit a transfer
application on a form prescribed by the director along with a
transfer fee established by the director. [1995 c 277 § 2.]
18.170.170
18.170.170 Unprofessional conduct. In addition to the
unprofessional conduct described in RCW 18.235.130, the
following conduct, acts, or conditions constitute unprofessional conduct:
(1) Knowingly violating any of the provisions of this
chapter or the rules adopted under this chapter;
(2) Practicing fraud, deceit, or misrepresentation in any
of the private security activities covered by this chapter;
(3) Knowingly making a material misstatement or omission in the application for a firearms certificate;
(4) Not meeting the qualifications set forth in RCW
18.170.030, 18.170.040, or 18.170.060;
[Title 18 RCW—page 319]
18.170.175
Title 18 RCW: Businesses and Professions
(5) Failing to return immediately on demand a firearm
issued by an employer;
(6) Carrying a firearm in the performance of his or her
duties if not the holder of a valid armed private security guard
license, or carrying a firearm not meeting the provisions of
this chapter while in the performance of his or her duties;
(7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued to the private
security guard by an employer;
(8) Making any statement that would reasonably cause
another person to believe that the private security guard is a
sworn peace officer;
(9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or
any activity of a client to which he or she was assigned;
(10) Assigning or transferring any license issued pursuant to the provisions of this chapter, except as provided in
RCW 18.170.060;
(11) Failure to maintain insurance; and
(12) Failure to have a qualifying principal in place.
[2002 c 86 § 248; 1997 c 58 § 837; 1995 c 277 § 12; 1991 c
334 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.170.175
18.170.175 Display of firearms while soliciting clients. No licensee, employee or agent of a licensee, or anyone
accompanying a licensee, employee, or agent may display a
firearm while soliciting a client. [1995 c 277 § 3.]
18.170.180
18.170.180 Authority of director. The director has the
following authority in administering this chapter:
(1) To adopt, amend, and rescind rules as deemed necessary to carry out this chapter;
(2) To adopt standards of professional conduct or practice;
(3) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The
applicant or license holder shall not be required to admit to
any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under
this subsection is grounds for disciplinary action; and
(4) To employ such administrative and clerical staff as
necessary for the enforcement of this chapter. [2002 c 86 §
249; 1991 c 334 § 18.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
administrative procedure act, govern all hearings before the
director. [1991 c 334 § 21.]
18.170.220
18.170.220 Inability to practice by reason of a mental
or physical condition—Statement of charges—Hearing—
Sanctions—Examinations—Presumed consent. (1) If the
director believes a license holder or applicant may be unable
to practice with reasonable skill and safety to the public by
reason of a mental or physical condition, a statement of
charges shall be served on the license holder or applicant and
notice shall also be issued providing an opportunity for a
hearing. The hearing shall be limited to the sole issue of the
capacity of the license holder or applicant to practice with
reasonable skill or safety. If the director determines that the
license holder or applicant is unable to practice with reasonable skill and safety for one of the reasons stated in this subsection, the director shall impose such sanctions as are
deemed necessary to protect the public.
(2) In investigating or adjudicating a complaint or report
that a license holder or applicant may be unable to practice
with reasonable skill or safety by reason of a mental or physical condition, the department may require a license holder or
applicant to submit to a mental or physical examination by
one or more licensed or certified health professionals designated by the director. The cost of the examinations ordered
by the department shall be paid by the department. In addition to any examinations ordered by the department, the licensee may submit physical or mental examination reports
from licensed or certified health professionals of the license
holder's or applicant's choosing and expense. Failure of the
license holder or applicant to submit to examination when
directed constitutes grounds for immediate suspension or
withholding of the license, consequent upon which a default
and final order may be entered without the taking of testimony or presentations of evidence, unless the failure was due
to circumstances beyond the person's control. A determination by a court of competent jurisdiction that a license holder
or applicant is mentally incompetent or mentally ill is presumptive evidence of the license holder's or applicant's
inability to practice with reasonable skill and safety. An individual affected under this section shall at reasonable intervals
be afforded an opportunity to demonstrate that the individual
can resume competent practice with reasonable skill and
safety to the public.
(3) For the purpose of subsection (2) of this section, an
applicant or license holder governed by this chapter, by making application, practicing, or filing a license renewal, is
deemed to have given consent to submit to a mental, physical,
or psychological examination if directed in writing by the
department and further to have waived all objections to the
admissibility or use of the examining health professional's
testimony or examination reports by the director on the
ground that the testimony or reports constitute hearsay or
privileged communications. [1991 c 334 § 22.]
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.170.230
18.170.210
18.170.210 Application of administrative procedure
act to hearings. The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the
[Title 18 RCW—page 320]
18.170.230 Unprofessional conduct or inability to
practice—Penalties. Upon a finding that a license holder or
applicant has committed unprofessional conduct or is unable
to practice with reasonable skill and safety due to a physical
(2004 Ed.)
Process Servers
or mental condition, the director may issue an order providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific
program of remedial education or treatment;
(5) Monitoring of the practice by a supervisor approved
by the director;
(6) Censure or reprimand;
(7) Compliance with conditions of probation for a designated period of time;
(8) Withholding a license request;
(9) Other corrective action;
(10) Refund of fees billed to and collected from the consumer; or
(11) The assessment of administrative penalties.
Any of the actions under this section may be totally or
partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant. [1995 c 277 § 15; 1991
c 334 § 23.]
18.170.280
18.170.280 Application of administrative procedure
act to acts of the director. The director, in implementing
and administering the provisions of this chapter, shall act in
accordance with the administrative procedure act, chapter
34.05 RCW. [1991 c 334 § 28.]
18.170.290
18.170.290 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 250.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.170.300
18.170.300 Reciprocity agreements. The director has
the authority to negotiate reciprocity agreements with other
states allowing licensed security officers from Washington to
work in those other states. [2004 c 50 § 3.]
18.180.040
existing public institutions, and shall take effect immediately
[May 9, 1995]. [1995 c 277 § 41.]
Chapter 18.180
Chapter 18.180 RCW
PROCESS SERVERS
Sections
18.180.010
18.180.020
18.180.030
18.180.040
18.180.050
18.180.900
Registration—Exceptions.
Registration renewal.
Identification of process server on proof of service.
Collection of costs of service—Application.
Registration suspension—Nonpayment or default on educational loan or scholarship.
Construction—1992 c 125.
18.180.010 Registration—Exceptions. (1) A person
who serves legal process for a fee in the state of Washington
shall register as a process server with the auditor of the
county in which the process server resides or operates his or
her principal place of business.
(2) The requirement to register under subsection (1) of
this section does not apply to any of the following persons:
(a) A sheriff, deputy sheriff, marshal, constable, or government employee who is acting in the course of employment;
(b) An attorney or the attorney's employees, who are not
serving process on a fee basis;
(c) A person who is court appointed to serve the court's
process;
(d) An employee of a person who is registered under this
section;
(e) A person who does not receive a fee or wage for serving process. [1992 c 125 § 1.]
18.180.010
18.180.020 Registration renewal. A process server
required to register under RCW 18.180.010 must renew the
registration within one year of the date of the initial registration or when the registrant changes his or her name, the name
of his or her business, business address, or business telephone
number, whichever occurs sooner. If the renewal is required
because of a change in the information identifying the process server, the process server must renew the registration
within ten days of the date the identifying information
changes. The process server shall pay the registration fee
upon renewal. [1992 c 125 § 3.]
18.180.020
18.180.030 Identification of process server on proof
of service. (1) A process server required to register under
RCW 18.180.010 shall indicate the process server's registration number and the process server's county of registration on
any proof of service the process server signs.
(2) Employees of a process server required to register
under RCW 18.180.010 shall indicate the employer's registration number and the employer's county of registration on
any proof of service the registrant's employee signs. [1992 c
125 § 4.]
18.180.030
18.170.900
18.170.900 Severability—1991 c 334. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 334 § 30.]
18.170.901
18.170.901 Severability—1995 c 277. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1995 c 277 § 40.]
18.170.902
18.170.902 Effective date—1995 c 277. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
(2004 Ed.)
18.180.040 Collection of costs of service—Application. (1) Except as provided in subsection (2) of this section,
any person who is otherwise entitled to collect the costs of
service of process shall not be entitled to collect those costs if
the person does not use a process server who under this chap18.180.040
[Title 18 RCW—page 321]
18.180.050
Title 18 RCW: Businesses and Professions
ter either is required to register or is exempt from the registration requirement.
(2) The person may collect the costs of the service of
process if the process server registers within forty-five days
after serving the process.
(3) This section shall apply to all process served on or
after August 1, 1992. [1992 c 125 § 5.]
18.180.050 Registration suspension—Nonpayment
or default on educational loan or scholarship. The auditor
of the county shall suspend the registration of any person who
has been certified by a lending agency and reported to the
auditor of the county for nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. Prior to the suspension, the agency must provide
the person an opportunity for a brief adjudicative proceeding
under RCW 34.05.485 through 34.05.494 and issue a finding
of nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. The person's registration shall not be reissued until the person provides the auditor of the county a written release issued by the
lending agency stating that the person is making payments on
the loan in accordance with a repayment agreement approved
by the lending agency. If the person has continued to meet all
other requirements for registration during the suspension,
reinstatement shall be automatic upon receipt of the notice
and payment of any reinstatement fee the auditor of the
county may impose. [1996 c 293 § 25.]
18.180.050
Severability—1996 c 293: See note following RCW 18.04.420.
18.180.900 Construction—1992 c 125. Nothing in this
act modifies Superior Court Civil Rule 4. [1992 c 125 § 7.]
18.180.900
Chapter 18.185
Chapter 18.185 RCW
BAIL BOND AGENTS
Sections
18.185.005
18.185.010
18.185.020
18.185.030
18.185.040
18.185.050
18.185.055
18.185.057
18.185.060
18.185.070
18.185.080
18.185.090
18.185.100
18.185.110
18.185.120
18.185.130
18.185.140
18.185.170
18.185.200
18.185.210
18.185.220
18.185.230
18.185.240
18.185.250
18.185.260
18.185.270
18.185.280
18.185.290
Declaration, intent, construction.
Definitions.
Agent license requirements.
Agency license requirements.
License applications.
License cards, certificates—Advertising—Notice of changes.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Prelicensing training requirements.
Bond.
Relation of this chapter to local regulation, taxation.
Notice concerning agent's status—Discharge of firearm.
Records—Finances—Disposition of security.
Unprofessional conduct.
Director's powers.
Complaints.
Statement of charges—Notice.
Unlicensed activity—Criminal penalties.
Application of Administrative Procedure Act.
Application of Consumer Protection Act.
Branch office—Qualified bail bond agent as manager.
License required for branch office.
Uniform regulation of business and professions act.
Bail bond recovery agent license—Requirements.
Bail bond recovery agents—Prelicense training/testing
requirements—Continuing education requirements—Rules.
Bail bond agent/bail bond recovery agent—Each fugitive an
individual contract—Format of contract.
Bail bond recovery agent, generally.
Out-of-state bail bond recovery agent.
[Title 18 RCW—page 322]
18.185.300
18.185.900
18.185.901
Bail bond recovery agent—Planned forced entry—Requirements.
Severability—1993 c 260.
Effective date—1993 c 260.
18.185.005 Declaration, intent, construction. The
legislature declares that the licensing of bail bond agents
should be uniform throughout the state. Therefore, it is the
intent of the legislature to preempt any local regulation of bail
bond agents, including licensing fees, but not including local
business license fees. Nothing in this chapter limits the discretion of the courts of this state to accept or reject a particular surety or recognizance bond in a particular case. [1993 c
260 § 1.]
18.185.005
18.185.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing.
(3) "Commission" means the criminal justice training
commission.
(4) "Collateral or security" means property of any kind
given as security to obtain a bail bond.
(5) "Bail bond agency" means a business that sells and
issues corporate surety bail bonds or that provides security in
the form of personal or real property to ensure the appearance
of a criminal defendant before the courts of this state or the
United States.
(6) "Qualified agent" means an owner, sole proprietor,
partner, manager, officer, or chief operating officer of a corporation who meets the requirements set forth in this chapter
for obtaining a bail bond agency license.
(7) "Bail bond agent" means a person who is employed
by a bail bond agency and engages in the sale or issuance of
bail bonds, but does not mean a clerical, secretarial, or other
support person who does not participate in the sale or issuance of bail bonds.
(8) "Licensee" means a bail bond agency, a bail bond
agent, a qualified agent, or a bail bond recovery agent.
(9) "Branch office" means any office physically separated from the principal place of business of the licensee from
which the licensee or an employee or agent of the licensee
conducts any activity meeting the criteria of a bail bond
agency.
(10) "Bail bond recovery agent" means a person who is
under contract with a bail bond agent to receive compensation, reward, or any other form of lawful consideration for
locating, apprehending, and surrendering a fugitive criminal
defendant for whom a bail bond has been posted. "Bail bond
recovery agent" does not include a general authority Washington peace officer or a limited authority Washington peace
officer.
(11) "Contract" means a written agreement between a
bail bond agent or qualified agent and a bail bond recovery
agent for the purpose of locating, apprehending, and surrendering a fugitive criminal defendant in exchange for lawful
consideration.
(12) "Planned forced entry" means a premeditated forcible entry into a dwelling, building, or other structure without
the occupant's knowledge or consent for the purpose of
apprehending a fugitive criminal defendant subject to a bail
18.185.010
(2004 Ed.)
Bail Bond Agents
bond. "Planned forced entry" does not include situations
where, during an imminent or actual chase or pursuit of a
fleeing fugitive criminal defendant, or during a casual or
unintended encounter with the fugitive, the bail bond recovery agent forcibly enters into a dwelling, building, or other
structure without advanced planning. [2004 c 186 § 2; 2000
c 171 § 40; 1996 c 242 § 1; 1993 c 260 § 2.]
Legislative recognition—2004 c 186: "The legislature recognizes that
bail bond agents and bail bond recovery agents serve a necessary and important purpose in the criminal justice system by locating, apprehending, and
surrendering fugitive criminal defendants. The legislature also recognizes
that locating, apprehending, and surrendering fugitives requires special skills
and expertise; that bail bond agents and bail bond recovery agents are often
required to perform their duties under stressful and demanding conditions;
and that it serves the public interest to have qualified people performing such
essential functions. Therefore, bail bond agencies that use the services of
bail bond recovery agents must, in the interest of public safety, use bail bond
recovery agents who possess the knowledge and competence necessary for
the job." [2004 c 186 § 1.]
18.185.020
18.185.020 Agent license requirements. An applicant
must meet the following minimum requirements to obtain a
bail bond agent license:
(1) Be at least eighteen years of age;
(2) Be a citizen or resident alien of the United States;
(3) Not have been convicted of a crime in any jurisdiction in the preceding ten years, if the director determines that
the applicant's particular crime directly relates to a capacity
to perform the duties of a bail bond agent and the director
determines that the license should be withheld to protect the
citizens of Washington state. If the director shall make a
determination to withhold a license because of previous convictions, the determination shall be consistent with the restoration of employment rights act, chapter 9.96A RCW;
(4) Be employed by a bail bond agency or be licensed as
a bail bond agency; and
(5) Pay the required fee. [1993 c 260 § 3.]
18.185.030
18.185.030 Agency license requirements. (1) In addition to meeting the minimum requirements to obtain a license
as a bail bond agent, a qualified agent must meet the following additional requirements to obtain a bail bond agency
license:
(a) Pass an examination determined by the director to
measure the person's knowledge and competence in the bail
bond agency business; or
(b) Have had at least three years' experience as a manager, supervisor, or administrator in the bail bond business or
a related field as determined by the director. A year's experience means not less than two thousand hours of actual compensated work performed before the filing of an application.
An applicant shall substantiate the experience by written certifications from previous employers. If the applicant is unable
to supply written certifications from previous employers,
applicants may offer written certifications from persons other
than employers who, based on personal knowledge, can substantiate the employment; and
(c) Pay any additional fees as established by the director.
(2) An agency license issued under this section may not
be assigned or transferred without prior written approval of
the director. [1993 c 260 § 4.]
(2004 Ed.)
18.185.055
18.185.040
18.185.040 License applications. (1) Applications for
licenses required under this chapter shall be filed with the
director on a form provided by the director. The director may
require any information and documentation that reasonably
relates to the need to determine whether the applicant meets
the criteria, including fingerprints.
(2) Applicants for licensure or endorsement as a bail
bond recovery agent must complete a records check through
the Washington state patrol criminal identification system
and through the federal bureau of investigation at the applicant's expense. Such record check shall include a fingerprint
check using a Washington state patrol approved fingerprint
card. The Washington state patrol shall forward the fingerprints of applicants to the federal bureau of investigation for
a national criminal history records check. The director may
accept proof of a recent national crime information center/III
criminal background report or any national or interstate criminal background report in addition to fingerprints to accelerate the licensing and endorsement process. The director is
authorized to periodically perform a background investigation of licensees to identify criminal convictions subsequent
to the renewal of a license or endorsement. [2004 c 186 § 4;
1993 c 260 § 5.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.050
18.185.050 License cards, certificates—Advertising—Notice of changes. (1) The director shall issue a bail
bond agent license card to each licensed bail bond agent. A
bail bond agent shall carry the license card whenever he or
she is performing the duties of a bail bond agent and shall
exhibit the card upon request.
(2) The director shall issue a license certificate to each
licensed bail bond agency.
(a) Within seventy-two hours after receipt of the license
certificate, the licensee shall post and display the certificate
in a conspicuous place in the principal office of the licensee
within the state.
(b) It is unlawful for any person holding a license certificate to knowingly and willfully post the license certificate
upon premises other than those described in the license certificate or to materially alter a license certificate.
(c) Every advertisement by a licensee that solicits or
advertises business shall contain the name of the licensee, the
address of record, and the license number as they appear in
the records of the director.
(d) The licensee shall notify the director within thirty
days of any change in the licensee's officers or directors or
any material change in the information furnished or required
to be furnished to the director. [1993 c 260 § 6.]
18.185.055
18.185.055 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified
by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a
brief adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-con[Title 18 RCW—page 323]
18.185.057
Title 18 RCW: Businesses and Professions
ditional scholarship. The person's license shall not be reissued until the person provides the director a written release
issued by the lending agency stating that the person is making
payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for licensure during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the director
may impose. [1996 c 293 § 26.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.185.057
18.185.057 License suspension—Noncompliance
with support order—Reissuance. The director shall immediately suspend any license issued under this chapter if the
holder has been certified pursuant to RCW 74.20A.320 by
the department of social and health services as a person who
is not in compliance with a support order or a *residential or
visitation order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the person is in compliance with
the order. [1997 c 58 § 840.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.185.060
18.185.060 Prelicensing training requirements. (1)
The director shall adopt rules establishing prelicense training
and testing requirements, which shall include a minimum of
four hours of classes. The director may establish, by rule,
continuing education requirements for bail bond agents.
(2) The director shall consult with the bail bond industry
before adopting or amending the prelicensing training or continuing education requirements of this section.
(3) The director may appoint an advisory committee consisting of representatives from the bail bond industry and a
consumer to assist in the development of rules to implement
this chapter.
(4) A bail bond agent need not fulfill the prelicensing
training requirements of this chapter if he or she, within sixty
days prior to July 1, 1994, provides proof to the director that
he or she previously has met the training requirements of this
chapter or has been employed as a bail bond agent for at least
eighteen consecutive months immediately prior to the date of
application. [1993 c 260 § 7.]
18.185.070
18.185.070 Bond. (1) No bail bond agency license may
be issued under the provisions of this chapter unless the qualified agent files with the director a bond, executed by a surety
company authorized to do business in this state, in the sum of
ten thousand dollars conditioned to recover against the
agency and its servants, officers, agents, and employees by
[Title 18 RCW—page 324]
reason of its violation of the provisions of RCW 18.185.100.
The bond shall be made payable to the state of Washington,
and anyone so injured by the agency or its servants, officers,
agents, or employees may bring suit upon the bond in any
county in which jurisdiction over the licensee may be
obtained. The suit must be brought not later than two years
after the failure to return property in accordance with RCW
18.185.100. If valid claims against the bond exceed the
amount of the bond or deposit, each claimant shall be entitled
only to a pro rata amount, based on the amount of the claim
as it is valid against the bond, without regard to the date of filing of any claim or action.
(2) Every licensed bail bond agency must at all times
maintain on file with the director the bond required by this
section in full force and effect. Upon failure by a licensee to
do so, the director shall suspend the licensee's license and
shall not reinstate the license until this requirement is met.
(3) In lieu of posting a bond, a qualified agent may
deposit in an interest-bearing account, ten thousand dollars.
(4) The director may waive the bond requirements of this
section, in his or her discretion, pursuant to adopted rules.
[1993 c 260 § 8.]
18.185.080
18.185.080 Relation of this chapter to local regulation, taxation. (1) The provisions of this chapter relating to
the licensing for regulatory purposes of bail bond agents and
bail bond agencies are exclusive. No governmental subdivision of this state may enact any laws or rules licensing for
regulatory purposes such persons, except as provided in subsections (2) and (3) of this section.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business fee,
business and occupation tax, or other tax upon bail bond
agencies if such fees or taxes are levied by the political subdivision on other types of businesses within its boundaries.
(3) This section shall not be construed to prevent this
state or a political subdivision of this state from licensing for
regulatory purposes bail bond agencies with respect to activities that are not regulated under this chapter. [1993 c 260 §
9.]
18.185.090
18.185.090 Notice concerning agent's status—Discharge of firearm. (1) A bail bond agency shall notify the
director within thirty days after the death or termination of
employment of any employee who is a licensed bail bond
agent.
(2) A bail bond agency shall notify the director within
seventy-two hours upon receipt of information affecting a
licensed bail bond agent's continuing eligibility to hold a
license under the provisions of this chapter.
(3) A bail bond agent or bail bond recovery agent shall
notify the director within seventy-two hours upon receipt of
information affecting the bail bond recovery agent's continuing eligibility to hold a bail bond recovery agent's license
under the provisions of this chapter.
(4) A bail bond agent or bail bond recovery agent shall
notify the local law enforcement agency whenever the bail
bond recovery agent discharges his or her firearm while on
duty, other than on a supervised firearms range. The notifica(2004 Ed.)
Bail Bond Agents
tion must be made within ten business days of the date the
firearm is discharged. [2004 c 186 § 7; 1993 c 260 § 10.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.100
18.185.100 Records—Finances—Disposition of security. (1) Every qualified agent shall keep adequate records
for three years of all collateral and security received, all trust
accounts required by this section, and all bail bond transactions handled by the bail bond agency, as specified by rule.
The records shall be open to inspection without notice by the
director or authorized representatives of the director.
(2) Every qualified agent who receives collateral or security is a fiduciary of the property and shall keep adequate
records for three years of the receipt, safekeeping, and disposition of the collateral or security. Every qualified agent shall
maintain a trust account in a federally insured financial institution located in this state. All moneys, including cash,
checks, money orders, wire transfers, and credit card sales
drafts, received as collateral or security or otherwise held for
a bail bond agency's client shall be deposited in the trust
account not later than the third banking day following receipt
of the funds or money. A qualified agent shall not in any way
encumber the corpus of the trust account or commingle any
other moneys with moneys properly maintained in the trust
account. Each qualified agent required to maintain a trust
account shall report annually under oath to the director the
account number and balance of the trust account, and the
name and address of the institution that holds the trust
account, and shall report to the director within ten business
days whenever the trust account is changed or relocated or a
new trust account is opened.
(3) Whenever a bail bond is exonerated by the court, the
qualified agent shall, within five business days after written
notification of exoneration, return all collateral or security to
the person entitled thereto.
(4) Records of contracts for fugitive apprehension must
be retained by the bail bond agent and by the bail bond recovery agent for a period of three years. [2004 c 186 § 8; 1996 c
242 § 3; 1993 c 260 § 11.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.120
(4) Assigning or transferring any license issued pursuant
to the provisions of this chapter, except as provided in RCW
18.185.030;
(5) Conversion of any money or contract, deed, note,
mortgage, or other evidence of title, to his or her own use or
to the use of his or her principal or of any other person, when
delivered to him or her in trust or on condition, in violation of
the trust or before the happening of the condition; and failure
to return any money or contract, deed, note, mortgage, or
other evidence of title within thirty days after the owner is
entitled to possession, and makes demand for possession,
shall be prima facie evidence of conversion;
(6) Failing to keep records, maintain a trust account, or
return collateral or security, as required by RCW 18.185.100;
(7) Any conduct in a bail bond transaction which demonstrates bad faith, dishonesty, or untrustworthiness;
(8) Violation of an order to cease and desist that is issued
by the director under this chapter;
(9) Wearing, displaying, holding, or using badges not
approved by the department;
(10) Making any statement that would reasonably cause
another person to believe that the bail bond recovery agent is
a sworn peace officer;
(11) Failing to carry a copy of the contract or to present
a copy of the contract as required under RCW 18.185.270(1);
(12) Using the services of an unlicensed bail bond recovery agent or using the services of a bail bond recovery agent
without issuing the proper contract;
(13) Misrepresenting or knowingly making a material
misstatement or omission in the application for a license;
(14) Using the services of a person performing the functions of a bail bond recovery agent who has not been licensed
by the department as required by this chapter; or
(15) Performing the functions of a bail bond recovery
agent without being both (a) licensed under this chapter or
supervised by a licensed bail bond recovery agent under
RCW 18.185.290; and (b) under contract with a bail bond
agent. [2004 c 186 § 9; 2002 c 86 § 251; 1993 c 260 § 12.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.185.120
18.185.110
18.185.110 Unprofessional conduct. In addition to the
unprofessional conduct described in RCW 18.235.130, the
following conduct, acts, or conditions constitute unprofessional conduct:
(1) Violating any of the provisions of this chapter or the
rules adopted under this chapter;
(2) Failing to meet the qualifications set forth in RCW
18.185.020 and 18.185.030;
(3) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relies upon the word, representation, or conduct of
the licensee. However, this subsection (3) does not prevent a
bail bond recovery agent from using any pretext to locate or
apprehend a fugitive criminal defendant or gain any information regarding the fugitive;
(2004 Ed.)
18.185.120 Director's powers. In addition to those
powers set forth in RCW 18.235.030, the director has the
authority:
(1) To order restitution to the person harmed by the licensee; or
(2) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The
applicant or license holder shall not be required to admit to
any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under
this subsection is grounds for disciplinary action. [2002 c 86
§ 252; 1993 c 260 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
[Title 18 RCW—page 325]
18.185.130
Title 18 RCW: Businesses and Professions
18.185.130
18.185.130 Complaints. Any person may submit a
written complaint to the department charging a license holder
or applicant with unprofessional conduct and specifying the
grounds for the charge. If the director determines that the
complaint merits investigation, or if the director has reason to
believe, without a formal complaint, that a license holder or
applicant may have engaged in unprofessional conduct, the
director shall investigate to determine if there has been
unprofessional conduct. A person who files a complaint
under this section in good faith is immune from suit in any
civil action related to the filing or contents of the complaint.
[1993 c 260 § 14.]
18.185.200
18.185.200 Application of Administrative Procedure
Act. The director, in implementing and administering the
provisions of this chapter, shall act in accordance with the
Administrative Procedure Act, chapter 34.05 RCW. [1993 c
260 § 21.]
18.185.210
18.185.210 Application of Consumer Protection Act.
Failure to fulfill the fiduciary duties and other duties as prescribed in RCW 18.185.100 is not reasonable in relation to
the development and preservation of business. A violation of
RCW 18.185.100 is an unfair or deceptive act in trade or
commerce for the purpose of applying the Consumer Protection Act, chapter 19.86 RCW. [1993 c 260 § 22.]
18.185.140
18.185.140 Statement of charges—Notice. When a
statement of charges is issued against a license holder or
applicant under RCW 18.235.050, notice of this action must
be given to the owner or qualified agent of the employing bail
bond agency. [2002 c 86 § 253; 1993 c 260 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.185.170
18.185.170 Unlicensed activity—Criminal penalties.
(1) Any person who performs the functions and duties of a
bail bond agent in this state without being licensed in accordance with the provisions of this chapter, or any person presenting or attempting to use as his or her own the license of
another, or any person who gives false or forged evidence of
any kind to the director in obtaining a license, or any person
who falsely impersonates any other licensee, or any person
who attempts to use an expired or revoked license, or any person who violates any of the provisions of this chapter is guilty
of a gross misdemeanor.
(2) A person is guilty of a gross misdemeanor if the person owns or operates a bail bond agency in this state without
first obtaining a bail bond agency license.
(3) The owner or qualified agent of a bail bond agency is
guilty of a gross misdemeanor if the owner or qualified agent
employs any person to perform the duties of a bail bond agent
without the employee having in the employee's possession a
permanent bail bond agent license issued by the department.
(4) After December 31, 2005, a person is guilty of a
gross misdemeanor if the person:
(a) Performs the functions of a bail bond recovery agent
without first obtaining a license from the department and
entering into a contract with a bail bond agent as required by
this chapter; or, in the case of a bail bond recovery agent from
another state, the person performs the functions of a bail bond
recovery agent without operating under the direct supervision
of a licensed bail bond recovery agent as required by this
chapter; or
(b) Conducts a planned forced entry without first complying with the requirements of this chapter. [2004 c 186 §
13; 2002 c 86 § 254; 1993 c 260 § 18.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
[Title 18 RCW—page 326]
18.185.220
18.185.220 Branch office—Qualified bail bond agent
as manager. A branch office may not operate under a business name other than the name of the principal bail bond
agency and must have a qualified bail bond agent as manager
of the office. The qualified agent shall comply with the provisions of RCW 18.185.100. [1996 c 242 § 2.]
18.185.230
18.185.230 License required for branch office. If a
licensee maintains a branch office, the licensee shall not
operate that branch office until a branch office license has
been received from the director. A bail bond agency may
apply to the director for authority to establish one or more
branch offices under the same name as the main office upon
the payment of a fee as prescribed by the director by rule. The
director shall issue a separate license for each branch office
showing the location of each branch which shall be prominently displayed in the office for which it is issued. A corporation, partnership, or sole proprietorship shall not establish
more than one principal office within this state. [1996 c 242
§ 4.]
18.185.240
18.185.240 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 255.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.185.250
18.185.250 Bail bond recovery agent license—
Requirements. An applicant must meet the following
requirements to obtain a bail bond recovery agent license:
(1) Submit a fully completed application that includes
proper identification on a form prescribed by the director;
(2) Pass an examination determined by the director to
measure his or her knowledge and competence in the bail
recovery business;
(3) Be at least twenty-one years old;
(4) Be a citizen or legal resident alien of the United
States;
(5) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant's particular
crime directly relates to a capacity to perform the duties of a
bail bond recovery agent, and that the license should be withheld to protect the citizens of Washington state. The director
(2004 Ed.)
Bail Bond Agents
shall make the director's determination to withhold a license
because of previous convictions notwithstanding the restoration of employment rights act, chapter 9.96A RCW;
(6) Submit a receipt showing payment for a background
check through the Washington state patrol and the federal
bureau of investigation;
(7) Have a current firearms certificate issued by the commission if carrying a firearm in the performance of his or her
duties as a bail bond recovery agent;
(8)(a) Have a current license to carry a concealed pistol
if carrying a firearm in the performance of his or her duties as
a bail bond recovery agent;
(b) A resident alien must provide a copy of his or her
alien firearm license if carrying a firearm in the performance
of his or her duties as a bail bond recovery agent; and
(9)(a) Pay the required nonrefundable fee for each application for a bail bond recovery agent license;
(b) A bail bond agent or qualified agent who wishes to
perform the duties of a bail bond recovery agent must first
obtain a bail bond recovery agent endorsement to his or her
bail bond agent or agency license in order to act as a bail bond
recovery agent, and pay the required nonrefundable fee for
each application for a bail bond recovery agent endorsement.
[2004 c 186 § 3.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.260
18.185.260 Bail bond recovery agents—Prelicense
training/testing requirements—Continuing education
requirements—Rules. (1) The director shall adopt rules
establishing prelicense training and testing requirements,
which shall include a minimum of four hours of classes. The
director may establish, by rule, continuing education requirements for bail bond recovery agents.
(2) The director shall consult with representatives of the
bail bond industry and associations before adopting or
amending the prelicensing training or continuing education
requirements of this section.
(3) A bail bond recovery agent need not fulfill the prelicensing training requirements of this chapter if he or she,
within sixty days prior to July 1, 2005, provides proof to the
director that he or she previously has met the training requirements of this chapter.
(4) The director, or the director's designee, with the
advice of representatives of the bail bond industry and associations, law enforcement agencies and associations, and
prosecutors' associations, shall adopt rules establishing prelicense training and testing requirements and shall establish
minimum exam standards necessary for a bail bond recovery
agent to qualify for licensure or endorsement.
(5) The standards shall be limited to the following:
(a) A minimum level of education or experience appropriate for performing the duties of a bail bond recovery agent;
(b) A minimum level of knowledge in relevant areas of
criminal and civil law;
(c) A minimum level of knowledge regarding the appropriate use of force and different degrees of the use of force;
and
(d) Adequate training of the use of firearms from the
criminal justice training commission or from an instructor
(2004 Ed.)
18.185.280
who has been trained or certified by the criminal justice training center.
(6) The legislature does not intend, and nothing in this
chapter shall be construed to restrict or limit in any way the
powers of bail bond agents as recognized in and derived from
the United States supreme court case of Taylor v. Taintor, 16
Wall. 366 (1872). [2004 c 186 § 5.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.270
18.185.270 Bail bond agent/bail bond recovery
agent—Each fugitive an individual contract—Format of
contract. (1) Each fugitive criminal defendant to be recovered will be treated as an individual contract between the bail
bond agent and the bail bond recovery agent. A bail bond
agent shall provide a bail bond recovery agent a copy of each
individual contract. A bail bond recovery agent must carry,
in addition to the license issued by the department, a copy of
the contract and, if requested, must present a copy of the contract and the license to the fugitive criminal defendant, the
owner or manager of the property in which the agent entered
in order to locate or apprehend the fugitive, other residents, if
any, of the residence in which the agent entered in order to
locate or apprehend the fugitive, and to the local law enforcement agency or officer. If presenting a copy of the contract
or the license at the time of the request would unduly interfere with the location or apprehension of the fugitive, the
agent shall present the copy of the contract or the license
within a reasonable period of time after the exigent circumstances expire.
(2) The director, or the director's designee, with the
advice of the bail bond industry and associations, law
enforcement agencies and associations, and prosecutors'
associations shall develop a format for the contract. At a
minimum, the contract must include the following:
(a) The name, address, phone number, and license number of the bail bond agency or bail bond agent contracting
with the bail bond recovery agent;
(b) The name and license number of the bail bond recovery agent; and
(c) The name, last known address, and phone number of
the fugitive. [2004 c 186 § 6.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.280
18.185.280 Bail bond recovery agent, generally. (1)
A person may not perform the functions of a bail bond recovery agent unless the person is licensed by the department
under this chapter.
(2) A bail bond agent may contract with a person to perform the functions of a bail bond recovery agent. Before contracting with the bail bond recovery agent, the bail bond
agent must check the license issued by the department under
this chapter. The requirements established by the department
under this chapter do not prevent the bail bond agent from
imposing additional requirements that the bail bond agent
considers appropriate.
(3) A contract entered into under this chapter is authority
for the person to perform the functions of a bail bond recovery agent as specifically authorized by the contract and in
accordance with applicable law. A contract entered into by a
[Title 18 RCW—page 327]
18.185.290
Title 18 RCW: Businesses and Professions
bail bond agent with a bail bond recovery agent is not transferable by the bail bond recovery agent to another bail bond
recovery agent.
(4) Whenever a person licensed by the department as a
bail bond recovery agent is engaged in the performance of the
person's duties as a bail bond recovery agent, the person must
carry a copy of the license.
(5) A license or endorsement issued by the department
under this chapter is valid from the date the license or
endorsement is issued until its expiration date unless it is suspended or revoked by the department prior to its expiration
date.
(6) No person may perform the functions of a bail bond
recovery agent after December 31, 2005, unless the person
has first complied with the provisions of this chapter.
(7) Nothing in this chapter is meant to prevent a bail
bond agent from contacting a fugitive criminal defendant for
the purpose of requesting the surrender of the fugitive, or
from accepting the voluntary surrender of the fugitive. [2004
c 186 § 10.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.290
18.185.290 Out-of-state bail bond recovery agent. A
bail bond recovery agent from another state who is not
licensed under this chapter may not perform the functions of
a bail bond recovery agent in this state unless the agent is
working under the direct supervision of a licensed bail bond
recovery agent. [2004 c 186 § 11.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.300
18.185.300 Bail bond recovery agent—Planned
forced entry—Requirements. (1) Before a bail bond recovery agent may apprehend a person subject to a bail bond in a
planned forced entry, the bail bond recovery agent must
notify an appropriate law enforcement agency in the local
jurisdiction in which the apprehension is expected to occur.
Notification must include, at a minimum: The name of the
defendant; the address, or the approximate location if the
address is undeterminable, of the dwelling, building, or other
structure where the planned forced entry is expected to occur;
the name of the bail bond recovery agent; the name of the
contracting bail bond agent; and the alleged offense or conduct the defendant committed that resulted in the issuance of
a bail bond.
(2) During the actual planned forced entry, a bail bond
recovery agent:
(a) Shall wear a shirt, vest, or other garment with the
words "BAIL BOND RECOVERY AGENT" displayed in at
least two-inch-high reflective print letters across the front and
back of the garment and in a contrasting color to that of the
garment; and
(b) May display a badge approved by the department
with the words "BAIL BOND RECOVERY AGENT" prominently displayed. [2004 c 186 § 12.]
Legislative recognition—2004 c 186: See note following RCW
18.185.010.
18.185.900
18.185.900 Severability—1993 c 260. If any provision
of this chapter or its application to any person or circum[Title 18 RCW—page 328]
stance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1993 c 260 § 23.]
18.185.901
18.185.901 Effective date—1993 c 260. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 260 § 25.]
Implementation—1993 c 260: "The director of licensing may take
such steps as are necessary to ensure that this act is implemented on its effective date." [1993 c 260 § 24.]
Chapter 18.190 RCW
OPERATION AS LIMITED LIABILITY COMPANY
Chapter 18.190
Sections
18.190.010
License—Requirements.
18.190.010
18.190.010 License—Requirements. Any business or
profession licensed under this title may operate as a limited
liability company formed under chapter 25.15 RCW. Any
such limited liability company must be licensed as a limited
liability company in accordance with the otherwise applicable licensing provisions of this title. Any such limited liability company shall meet the following requirements:
(1) The principal purpose and business of the limited liability company shall be to furnish services to the public
which are consistent with the applicable chapter under this
title;
(2) At least one manager of the limited liability company
shall be a person licensed under the applicable chapter under
this title; and
(3) Each resident manager or member in charge of an
office of the limited liability company in this state and each
resident manager or member personally engaged within this
state in the business or profession of the company shall be
licensed under the applicable chapter under this title. [1994 c
211 § 1403.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Chapter 18.195 RCW
CONSUMER ACCESS TO VISION CARE ACT
Chapter 18.195
Sections
18.195.010
18.195.020
18.195.030
18.195.040
18.195.050
18.195.900
18.195.901
18.195.902
18.195.903
Findings—Intent.
Definitions.
Prohibited practices—Separation of examination and dispensing—Notice—Duplication of lenses.
Prescription not referring to contacts—Verification of performance—Notice—Prescription time limit—Safety notice—
Noncompliance.
Rule making—Effect.
Short title.
Construction.
Captions not law.
Severability—1994 c 106.
18.195.010
18.195.010 Findings—Intent. The legislature finds
that in the newly reformed health care delivery system it is
necessary to clarify providers' roles to ensure that they are
working together to maximize patient access while control(2004 Ed.)
Consumer Access to Vision Care Act
ling costs. This is especially important in the vision care
industry, where the potential for confusion exists due to some
overlapping scopes of practice among licensed providers.
The legislature finds that boards regulating health care
professions should be mindful of the necessary balance
between public safety and access to affordable care, and
adopt rules that are consistent with their legislative intent.
The risk that this balance may be lost is especially high in the
optical industry, where competitive pressures have led to the
involvement of the federal trade commission. The legislature
recognizes its role in ensuring appropriate access to vision
care for state residents by clarifying necessary prescription
content and ensuring prescription release to the patient.
[1994 c 106 § 1.]
18.195.020
18.195.020 Definitions. For purposes of this chapter,
the following definitions apply:
(1) "Dispensing" means the retail delivery of ophthalmic
goods to the patient by a prescriber or optician.
(2) "Eye examination" means a testing process administered by a prescriber that includes the process of determining
the refractive condition of a patient's eyes. If requested by the
patient, it also determines the appropriateness of contact
lenses.
(3) "Fitting" means the performance of mechanical procedures and measurements necessary to adapt and fit eyeglasses or contact lenses from a written prescription. In the
case of contact lenses, the prescription must be in writing and
fitting includes the selection of the physical characteristics of
the lenses including conversion of the spectacle power to
contact lens equivalents, lens design, material and manufacturer of the lenses, and supervision of the trial wearing of the
lenses which may require incidental revisions during the fitting period. The revisions may not alter the effect of the written prescription.
(4) "Ophthalmic goods" means eyeglasses or a component or components of eyeglasses, and contact lenses.
(5) "Ophthalmic services" means the measuring, fitting,
adjusting, and fabricating of ophthalmic goods subsequent to
an eye examination.
(6) "Optician" means a person licensed under chapter
18.34 RCW.
(7) "Patient" means a person who has had an eye examination.
(8) "Practitioner" includes prescribers and opticians.
(9) "Prescriber" means an ophthalmologist or optometrist who performs eye examinations under chapter 18.53,
18.57, or 18.71 RCW.
(10) "Prescription" means the written directive from a
prescriber for corrective lenses and consists of the refractive
powers. If the patient wishes to purchase contact lenses, the
prescription must contain a notation that the patient is "OK
for contacts" or similar language confirming there are no contraindications for contacts.
(11) "Secretary" means the secretary of the department
of health. [1994 c 106 § 2.]
18.195.030
18.195.030 Prohibited practices—Separation of
examination and dispensing—Notice—Duplication of
lenses. (1) No prescriber shall:
(2004 Ed.)
18.195.030
(a) Fail to provide to the patient one copy of the patient's
prescription at the completion of the eye examination. A prescriber may refuse to give the patient a copy of the patient's
prescription until the patient has paid for the eye examination, but only if that prescriber would have required immediate payment from that patient had the examination revealed
that no ophthalmic goods were required;
(b) Condition the availability of an eye examination or
prescription, or both, to a patient on a requirement that the
patient agree to purchase ophthalmic goods from the prescriber or a dispenser approved by the prescriber;
(c) Fail to include a notation of "OK for contacts" or similar language on the prescription if the prescriber would have
fitted the patient himself or herself, provided there are no
contraindications for contacts, and if the patient has requested
contact lenses. Such a notation will indicate to the practitioner fitting the contact lenses that the initial fitting and followup must be completed within six months of the date of the eye
examination. The prescriber will inform the patient that failure to complete the initial fitting and obtain the follow-up
evaluation by a prescriber within the six-month time frame
will void the "OK for contacts" portion of the prescription.
The prescriber who performs the follow-up will place on the
prescription "follow-up completed," or similar language, and
include his or her name and the date of the follow-up. Patients
who comply with both the initial fitting and follow-up
requirements will then be able to obtain replacement contact
lenses until the expiration date listed on the prescription. If
the prescriber concludes the ocular health of the eye presents
a contraindication for contact lenses, a verbal explanation of
that contraindication must be given to the patient by the prescriber at the time of the eye examination and documentation
maintained in the patient's records. However, a prescriber
may exclude categories of contact lenses where clinically
indicated;
(d) Include a prescription expiration date of less than two
years, unless warranted by the ocular health of the eye. If a
prescription is to expire in less than two years, an explanatory
notation must be made by the prescriber in the patient's
record and a verbal explanation given to the patient at the
time of the eye examination;
(e) Charge the patient a fee in addition to the prescriber's
examination fee as a condition to releasing the prescription to
the patient. However, a prescriber may charge a reasonable,
additional fee for verifying ophthalmic goods dispensed by
another practitioner if that fee is imposed at the time the verification is performed; or
(f) Place on the prescription, or require the patient to
sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for
the accuracy of the eye examination or the accuracy of the
ophthalmic goods and services dispensed by another practitioner. In prohibiting the use of waivers and disclaimers of
liability under this subsection, it is not the intent of the legislature to impose liability on an ophthalmologist or optometrist for the ophthalmic goods and services dispensed by
another seller pursuant to the ophthalmologist's or optometrist's prescription.
(2) Nothing contained in this title shall prevent a prescriber or optician from measuring the refractive power of
[Title 18 RCW—page 329]
18.195.040
Title 18 RCW: Businesses and Professions
eyeglass lenses and duplicating the eyeglass lenses upon the
request of a patient. [1994 c 106 § 3.]
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 106 § 9.]
18.195.040
18.195.040 Prescription not referring to contacts—
Verification of performance—Notice—Prescription time
limit—Safety notice—Noncompliance. (1) If the patient
chooses to purchase contact lenses from an optician and the
prescription is silent regarding contact lenses, the optician
shall contact the prescriber and request a written prescription
with a notation of "OK for contacts" or similar language.
However, if no evaluation for contact lenses had been done
during the eye examination, the prescriber may decline to
approve the prescription for contact lenses without further
evaluation.
(2) If a patient chooses to purchase contact lenses from
an optician, the optician shall advise the patient, in writing,
that a prescriber is to verify the performance of the initial set
of contact lenses on the eyes within six months of the date of
the eye examination or the "OK for contacts" portion of the
prescription will be void. The patient shall be requested to
sign the written advisement and the signed document will be
maintained as part of the patient's records. If the patient
declines to sign the document, it shall be noted in the record.
(3) No practitioner may dispense contact lenses based on
a prescription that is over two years old.
(4) All fitters and dispensers of contact lenses shall distribute safety pamphlets to their patients in order to improve
consumer decisions as well as health-related decisions.
(5) It is unprofessional conduct under chapter 18.130
RCW for a practitioner to fail to comply with this section.
[1994 c 106 § 4.]
Chapter 18.200 RCW
ORTHOTIC AND PROSTHETIC SERVICES
Chapter 18.200
Sections
18.200.005
18.200.010
18.200.020
18.200.030
18.200.040
18.200.050
18.200.060
18.200.070
18.200.080
18.200.090
18.200.100
18.200.900
18.200.901
18.200.902
Intent—Purpose—1997 c 285.
Definitions.
Treatment limits.
Use of title—Prohibited without license—Posting of license.
Practices not limited by chapter.
Secretary's authority.
Advisory committee—Composition—Terms—Duties.
Application—Requirements—Examination—Alternative
standards.
Licensure without examination.
Reciprocity.
Application of uniform disciplinary act.
Short title.
Severability—1997 c 285.
Effective date—1997 c 285 §§ 1-5 and 8-12.
18.200.005
18.200.005 Intent—Purpose—1997 c 285. It is the
intent of the legislature that this act accomplish the following: Safeguard public health, safety, and welfare; protect the
public from being mislead by unethical, ill-prepared, unscrupulous, and unauthorized persons; assure the highest degree
of professional conduct on the part of orthotists and prosthetists; and assure the availability of orthotic and prosthetic services of high quality to persons in need of the services. The
purpose of this act is to provide for the regulation of persons
offering orthotic and prosthetic services to the public. [1997
c 285 § 1.]
18.195.050
18.195.050 Rule making—Effect. (1) The secretary
shall adopt rules necessary to implement the purposes of this
chapter. The secretary is specifically directed to adopt rules
that maximize competition in the delivery of vision care limited only by the existing scope of practice of the professions
and by provisions preventing demonstrated and substantial
threats to the public's vision health.
(2) This chapter and the rules adopted by the secretary
pursuant to this section shall supersede rules adopted pursuant to chapter 18.34, 18.53, 18.57, or 18.71 RCW that conflict with this chapter. To the extent that, in the secretary's
opinion, these rules conflict with the purposes of this chapter,
the secretary may declare such rules null and void. [1994 c
106 § 6.]
18.195.900
18.195.900 Short title. This chapter may be cited as the
Consumer Access to Vision Care Act. [1994 c 106 § 7.]
18.195.901
18.195.901 Construction. Nothing in this chapter shall
be construed as expanding the scope of practice of a vision
care practitioner beyond that currently authorized by state
law. [1994 c 106 § 5.]
18.195.902
18.195.902 Captions not law. Section captions as used
in this chapter constitute no part of the law. [1994 c 106 § 8.]
18.195.903
18.195.903 Severability—1994 c 106. If any provision
of this act or its application to any person or circumstance is
[Title 18 RCW—page 330]
18.200.010
18.200.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advisory committee" means the orthotics and prosthetics advisory committee.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the secretary's designee.
(4) "Orthotics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting,
adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, an orthosis for the
support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity. The
practice of orthotics encompasses evaluation, treatment, and
consultation. With basic observational gait and postural analysis, orthotists assess and design orthoses to maximize function and provide not only the support but the alignment necessary to either prevent or correct deformity or to improve the
safety and efficiency of mobility or locomotion, or both.
Orthotic practice includes providing continuing patient care
in order to assess its effect on the patient's tissues and to
assure proper fit and function of the orthotic device by periodic evaluation.
(5) "Orthotist" means a person licensed to practice
orthotics under this chapter.
(6) "Orthosis" means a custom-fabricated, definitive
brace or support that is designed for long-term use. Except
(2004 Ed.)
Orthotic and Prosthetic Services
for the treatment of scoliosis, orthosis does not include prefabricated or direct-formed orthotic devices, as defined in this
section, or any of the following assistive technology devices:
Commercially available knee orthoses used following injury
or surgery; spastic muscle tone-inhibiting orthoses; upper
extremity adaptive equipment; finger splints; hand splints;
custom-made, leather wrist gauntlets; face masks used following burns; wheelchair seating that is an integral part of the
wheelchair and not worn by the patient independent of the
wheelchair; fabric or elastic supports; corsets; arch supports,
also known as foot orthotics; low-temperature formed plastic
splints; trusses; elastic hose; canes; crutches; cervical collars;
dental appliances; and other similar devices as determined by
the secretary, such as those commonly carried in stock by a
pharmacy, department store, corset shop, or surgical supply
facility. Prefabricated orthoses, also known as custom-fitted,
or off-the-shelf, are devices that are manufactured as commercially available stock items for no specific patient. Directformed orthoses are devices formed or shaped during the
molding process directly on the patient's body or body segment. Custom-fabricated orthoses, also known as custommade orthoses, are devices designed and fabricated, in turn,
from raw materials for a specific patient and require the generation of an image, form, or mold that replicates the patient's
body or body segment and, in turn, involves the rectification
of dimensions, contours, and volumes to achieve proper fit,
comfort, and function for that specific patient.
(7) "Prosthetics" means the science and practice of evaluating, measuring, designing, fabricating, assembling, fitting,
aligning, adjusting, or servicing, as well as providing the initial training necessary to accomplish the fitting of, a prosthesis through the replacement of external parts of a human body
lost due to amputation or congenital deformities or absences.
The practice of prosthetics also includes the generation of an
image, form, or mold that replicates the patient's body or
body segment and that requires rectification of dimensions,
contours, and volumes for use in the design and fabrication of
a socket to accept a residual anatomic limb to, in turn, create
an artificial appendage that is designed either to support body
weight or to improve or restore function or cosmesis, or both.
Involved in the practice of prosthetics is observational gait
analysis and clinical assessment of the requirements necessary to refine and mechanically fix the relative position of
various parts of the prosthesis to maximize the function, stability, and safety of the patient. The practice of prosthetics
includes providing continuing patient care in order to assess
the prosthetic device's effect on the patient's tissues and to
assure proper fit and function of the prosthetic device by periodic evaluation.
(8) "Prosthetist" means a person who is licensed to practice prosthetics under this chapter.
(9) "Prosthesis" means a definitive artificial limb that is
alignable or articulated, or, in lower extremity applications,
capable of weight bearing. Prosthesis means an artificial
medical device that is not surgically implanted and that is
used to replace a missing limb, appendage, or other external
human body part including an artificial limb, hand, or foot.
The term does not include artificial eyes, ears, fingers or toes,
dental appliances, ostomy products, devices such as artificial
breasts, eyelashes, wigs, or other devices as determined by
the secretary that do not have a significant impact on the mus(2004 Ed.)
18.200.040
culoskeletal functions of the body. In the lower extremity of
the body, the term prosthesis does not include prostheses
required for amputations distal to and including the transmetatarsal level. In the upper extremity of the body, the term
prosthesis does not include prostheses that are provided to
restore function for amputations distal to and including the
carpal level.
(10) "Authorized health care practitioner" means
licensed physicians, physician's assistants, osteopathic physicians, chiropractors, naturopaths, podiatric physicians and
surgeons, dentists, and advanced registered nurse practitioners. [1997 c 285 § 2.]
18.200.020
18.200.020 Treatment limits. An orthotist or prosthetist may only provide treatment utilizing new orthoses or
prostheses for which the orthotist or prosthetist is licensed to
do so, and only under an order from or referral by an authorized health care practitioner. A consultation and periodic
review by an authorized health care practitioner is not
required for evaluation, repair, adjusting, or servicing of
orthoses by a licensed orthotist and servicing of prostheses by
a licensed prosthetist. Nor is an authorized health care practitioner's order required for maintenance of an orthosis or prosthesis to the level of its original prescription for an indefinite
period of time if the order remains appropriate for the
patient's medical needs.
Orthotists and prosthetists must refer persons under their
care to authorized health care practitioners if they have reasonable cause to believe symptoms or conditions are present
that require services beyond the scope of their practice or for
which the prescribed orthotic or prosthetic treatment is contraindicated. [1997 c 285 § 3.]
18.200.030
18.200.030 Use of title—Prohibited without license—
Posting of license. No person may represent himself or herself as a licensed orthotist or prosthetist, use a title or description of services, or engage in the practice of orthotics or prosthetics without applying for licensure, meeting the required
qualifications, and being licensed by the department of
health, unless otherwise exempted by this chapter.
A person not licensed with the secretary must not represent himself or herself as being so licensed and may not use
in connection with his or her name the words or letters
"L.O.," "L.P.," or "L.P.O.," or other letters, words, signs,
numbers, or insignia indicating or implying that he or she is
either a licensed orthotist or a licensed prosthetist, or both.
No person may practice orthotics or prosthetics without first
having a valid license. The license must be posted in a conspicuous location at the person's work site. [1997 c 285 § 4.]
18.200.040
18.200.040 Practices not limited by chapter. Nothing
in this chapter shall be construed to prohibit or restrict:
(1) The practice by individuals listed under RCW
18.130.040 and performing services within their authorized
scopes of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in
an orthotic or prosthetic educational program approved by
[Title 18 RCW—page 331]
18.200.050
Title 18 RCW: Businesses and Professions
the secretary, and whose performance of services is pursuant
to a regular course of instruction or assignments from an
instructor and under the general supervision of the instructor,
if the person is designated by a title that clearly indicates the
person's status as a student or trainee;
(4) A person fulfilling the supervised residency or internship experience requirements described in RCW 18.200.070,
if the activities and services constitute a part of the experience necessary to meet the requirements of this chapter; or
(5) A person from performing orthotic or prosthetic services in this state if: (a) The services are performed for no
more than ninety working days; and (b) the person is licensed
in another state or has met commonly accepted standards for
the practice of orthotics or prosthetics as determined by the
secretary. [1997 c 285 § 5.]
18.200.050 Secretary's authority. In addition to other
authority provided by law, the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter;
(2) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250
and 43.70.280. All fees collected under this section must be
credited to the health professions account as required under
RCW 43.70.320;
(3) Register applicants, issue licenses to applicants who
have met the education, training, and examination requirements for licensure, and deny licenses to applicants who do
not meet the minimum qualifications, except that proceedings concerning the denial of credentials based upon unprofessional conduct or impairment are governed by the uniform
disciplinary act, chapter 18.130 RCW;
(4) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter and hire individuals
licensed under this chapter to serve as examiners for any
practical examinations;
(5) Determine minimum education requirements and
evaluate and designate those educational programs from
which graduation will be accepted as proof of eligibility to
take a qualifying examination for applicants for licensure;
(6) Establish the standards and procedures for revocation
of approval of education programs;
(7) Utilize or contract with individuals or organizations
having expertise in the profession or in education to assist in
the evaluations;
(8) Prepare and administer, or approve the preparation
and administration of, examinations for applicants for licensure;
(9) Determine whether alternative methods of training
are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take
any qualifying examination;
(10) Determine which jurisdictions have licensing
requirements equivalent to those of this state and issue
licenses without examinations to individuals licensed in those
jurisdictions;
(11) Define and approve any experience requirement for
licensing;
(12) Implement and administer a program for consumer
education;
18.200.050
[Title 18 RCW—page 332]
(13) Adopt rules implementing continuing competency
requirements for renewal of the license and relicensing;
(14) Maintain the official department records of all
applicants and licensees;
(15) Establish by rule the procedures for an appeal of an
examination failure;
(16) Establish requirements and procedures for an inactive license; and
(17) With the advice of the advisory committee, the secretary may recommend collaboration with health professions,
boards, and commissions to develop appropriate referral protocols. [1997 c 285 § 6.]
18.200.060 Advisory committee—Composition—
Terms—Duties. (1) The secretary has the authority to
appoint an advisory committee to further the purposes of this
chapter. The secretary may consider the persons who are recommended for appointment by the orthotic and prosthetic
associations of the state. The committee is composed of five
members, one member initially appointed for a term of one
year, two for a term of two years, and two for a term of three
years. Subsequent appointments are for terms of three years.
No person may serve as a member of the committee for more
than two consecutive terms. Members of the advisory committee must be residents of this state and citizens of the
United States. The committee is composed of three individuals licensed in the category designated and engaged in rendering services to the public. Two members must at all times be
holders of licenses for the practice of either prosthetics or
orthotics, or both, in this state, except for the initial members
of the advisory committee, all of whom must fulfill the
requirements for licensure under this chapter. One member
must be a practicing orthotist. One member must be a practicing prosthetist. One member must be licensed by the state as
a physician licensed under chapter 18.57 or 18.71 RCW, specializing in orthopedic medicine or surgery or physiatry. Two
members must represent the public at large and be unaffiliated directly or indirectly with the profession being credentialed but, to the extent possible, be consumers of orthotic and
prosthetic services. The two members appointed to the advisory committee representing the public at large must have an
interest in the rights of consumers of health services and must
not be or have been a licensee of a health occupation committee or an employee of a health facility, nor derive his or her
primary livelihood from the provision of health services at
any level of responsibility.
(2) The secretary may remove any member of the advisory committee for cause as specified by rule. In the case of a
vacancy, the secretary shall appoint a person to serve for the
remainder of the unexpired term.
(3) The advisory committee may provide advice on matters specifically identified and requested by the secretary,
such as applications for licenses.
(4) The advisory committee may be requested by the secretary to approve an examination required for licensure under
this chapter.
(5) The advisory committee may be requested by the secretary to review and monitor the exemptions to requirements
of certain orthoses and prostheses in this chapter and recommend to the secretary any statutory changes that may be
needed to properly protect the public.
18.200.060
(2004 Ed.)
Chemical Dependency Professionals
(6) The advisory committee, at the request of the secretary, may recommend rules in accordance with the administrative procedure act, chapter 34.05 RCW, relating to standards for appropriateness of orthotic and prosthetic care.
(7) The advisory committee shall meet at the times and
places designated by the secretary and hold meetings during
the year as necessary to provide advice to the secretary. The
committee may elect a chair and a vice-chair. A majority of
the members currently serving constitute a quorum.
(8) Each member of an advisory committee shall be
reimbursed for travel expenses as authorized in RCW
43.03.050 and 43.03.060. In addition, members of the committees shall be compensated in accordance with RCW
43.03.240 when engaged in the authorized business of their
committees.
(9) The secretary, members of advisory committees, or
individuals acting on their behalf are immune from suit in any
action, civil or criminal, based on any credentialing or disciplinary proceedings or other official acts performed in the
course of their duties. [1997 c 285 § 7.]
18.200.070 Application—Requirements—Examination—Alternative standards. (1) An applicant must file a
written application on forms provided by the department
showing to the satisfaction of the secretary, in consultation
with the advisory committee, that the applicant meets the following requirements:
(a) The applicant possesses a baccalaureate degree with
coursework appropriate for the profession approved by the
secretary, or possesses equivalent training as determined by
the secretary pursuant to subsections (3) and (5) of this section;
(b) The applicant has the amount of formal training,
including the hours of classroom education and clinical practice, in areas of study as the secretary deems necessary and
appropriate;
(c) The applicant has completed a clinical internship or
residency in the professional area for which a license is
sought in accordance with the standards, guidelines, or procedures for clinical internships or residencies inside or outside
the state as established by the secretary, or that are otherwise
substantially equivalent to the standards commonly accepted
in the fields of orthotics and prosthetics as determined by the
secretary pursuant to subsections (3) and (5) of this section.
The secretary must set the internship as at least one year.
(2) An applicant for licensure as either an orthotist or
prosthetist must pass all written and practical examinations
that are required and approved by the secretary in consultation with the advisory committee.
(3) The standards and requirements for licensure established by the secretary must be substantially equal to the standards commonly accepted in the fields of orthotics and prosthetics.
(4) An applicant failing to make the required grade in the
first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee, determined by the secretary under RCW 43.70.250, for each subsequent examination. Upon failing four examinations, the
secretary may invalidate the original application and require
remedial education before the person may take future examinations.
18.200.070
(2004 Ed.)
Chapter 18.205
(5) The secretary may waive some of the education,
examination, or experience requirements of this section if the
secretary determines that the applicant meets alternative standards, established by the secretary through rule, that are substantially equivalent to the requirements in subsections (1)
and (2) of this section. [1997 c 285 § 8.]
18.200.080
18.200.080 Licensure without examination. The secretary may grant a license without an examination for those
applicants who have practiced full time for five of the six
years prior to *the effective date of this act and who have provided comprehensive orthotic or prosthetic, or orthotic and
prosthetic, services in an established practice. This section
applies only to those individuals who apply within one year
of *the effective date of this act. [1997 c 285 § 9.]
*Reviser's note: 1997 c 285 has two different effective dates. The
effective date for sections 1 through 5 and 8 through 12 is December 1, 1998,
and the effective date for the remainder of the act is July 27, 1997.
18.200.090
18.200.090 Reciprocity. An applicant holding a license
in another state or a territory of the United States may be
licensed to practice in this state without examination if the
secretary determines that the other jurisdiction's credentialing
standards are substantially equivalent to the standards in this
jurisdiction. [1997 c 285 § 10.]
18.200.100
18.200.100 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
the issuance and denial of licenses, unauthorized practice,
and the discipline of persons licensed under this chapter. The
secretary is the disciplining authority under this chapter.
[1997 c 285 § 11.]
18.200.900
18.200.900 Short title. This chapter is known and may
be cited as the orthotics and prosthetics practice act. [1997 c
285 § 12.]
18.200.901
18.200.901 Severability—1997 c 285. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1997 c 285 § 14.]
18.200.902
18.200.902 Effective date—1997 c 285 §§ 1-5 and 812. Sections 1 through 5 and 8 through 12 of this act take
effect December 1, 1998. [1997 c 285 § 16.]
Chapter 18.205 RCW
CHEMICAL DEPENDENCY PROFESSIONALS
Chapter 18.205
Sections
18.205.010
18.205.020
18.205.030
18.205.040
18.205.050
18.205.060
18.205.070
18.205.080
18.205.090
18.205.100
Chemical dependency professional certification.
Definitions.
Title or description of services.
Use of title.
Practice not prohibited or restricted by chapter.
Authority of secretary.
Official record of proceedings.
Chemical dependency certification advisory committee—
Composition—Terms.
Certification requirements.
Educational programs and alternative training—Standards and
procedures—Established by rule.
[Title 18 RCW—page 333]
18.205.010
18.205.110
18.205.120
18.205.130
18.205.140
18.205.150
18.205.900
Title 18 RCW: Businesses and Professions
Examination.
Application for certification—Fee.
Waiver of examination—Certification of applicants—Intent.
Applicant credentialed in another state—Certification without
examination.
Uniform disciplinary act.
Effective dates—1998 c 243.
18.205.010
18.205.010 Chemical dependency professional certification. The legislature recognizes chemical dependency
professionals as discrete health professionals. Chemical
dependency professional certification serves the public interest. [1998 c 243 § 1.]
18.205.020
18.205.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets
established educational prerequisites, and which protects the
title of practice.
(2) "Certified chemical dependency professional" means
an individual certified in chemical dependency counseling,
under this chapter.
(3) "Chemical dependency counseling" means employing the core competencies of chemical dependency counseling to assist or attempt to assist an alcohol or drug addicted
person to develop and maintain abstinence from alcohol and
other mood-altering drugs.
(4) "Committee" means the chemical dependency certification advisory committee established under this chapter.
(5) "Core competencies of chemical dependency counseling" means competency in the nationally recognized
knowledge, skills, and attitudes of professional practice,
including assessment and diagnosis of chemical dependency,
chemical dependency treatment planning and referral, patient
and family education in the disease of chemical dependency,
individual and group counseling with alcoholic and drug
addicted individuals, relapse prevention counseling, and case
management, all oriented to assist alcoholic and drug
addicted patients to achieve and maintain abstinence from
mood-altering substances and develop independent support
systems.
(6) "Department" means the department of health.
(7) "Health profession" means a profession providing
health services regulated under the laws of this state.
(8) "Secretary" means the secretary of health or the secretary's designee. [1998 c 243 § 2.]
18.205.030
18.205.030 Title or description of services. No person
may represent oneself as a certified chemical dependency
professional or use any title or description of services of a
certified chemical dependency professional without applying
for certification, meeting the required qualifications, and
being certified by the department of health, unless otherwise
exempted by this chapter. [2000 c 171 § 41; 1998 c 243 § 3.]
18.205.040
18.205.040 Use of title. Nothing in this chapter shall be
construed to authorize the use of the title "certified chemical
dependency professional" when treating patients in settings
other than programs approved under chapter 70.96A RCW.
[1998 c 243 § 4.]
[Title 18 RCW—page 334]
18.205.050 Practice not prohibited or restricted by
chapter. Nothing in this chapter shall be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing services within the authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and whose
performance of services is pursuant to a regular course of
instruction or assignments from an instructor and under the
general supervision of the instructor. [1998 c 243 § 5.]
18.205.050
18.205.060 Authority of secretary. In addition to any
other authority provided by law, the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter, in consultation with the committee;
(2) Establish all certification, examination, and renewal
fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Issue certificates to applicants who have met the education, training, and examination requirements for certification and to deny certification to applicants who do not meet
the minimum qualifications, except that proceedings concerning the denial of certification based upon unprofessional
conduct or impairment shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter, and hire individuals certified under this chapter to serve as examiners for any
practical examinations;
(6) Determine minimum education requirements and
evaluate and designate those educational programs that will
be accepted as proof of eligibility to take a qualifying examination for applicants for certification;
(7) Prepare, grade, and administer, or determine the
nature of, and supervise the grading and administration of,
examinations for applicants for certification;
(8) Determine whether alternative methods of training
are equivalent to formal education, and establish forms, procedures, and criteria for evaluation of an applicant's alternative training to determine the applicant's eligibility to take
any qualifying examination;
(9) Determine which states have credentialing requirements equivalent to those of this state, and issue certificates
to individuals credentialed in those states without examinations;
(10) Define and approve any experience requirement for
certification;
(11) Implement and administer a program for consumer
education;
(12) Adopt rules implementing a continuing competency
program;
(13) Maintain the official department record of all applicants and certificated individuals;
(14) Establish by rule the procedures for an appeal of an
examination failure; and
18.205.060
(2004 Ed.)
Chemical Dependency Professionals
(15) Establish disclosure requirements. [1998 c 243 § 6.]
18.205.070
18.205.070 Official record of proceedings. The secretary shall keep an official record of all proceedings. A part of
the record shall consist of a register of all applicants for certification under this chapter and the results of each application. [1998 c 243 § 7.]
18.205.080
18.205.080 Chemical dependency certification advisory committee—Composition—Terms. (1) The secretary
shall appoint a chemical dependency certification advisory
committee to further the purposes of this chapter. The committee shall be composed of seven members, one member initially appointed for a term of one year, three for a term of two
years, and three for a term of three years. Subsequent
appointments shall be for terms of three years. No person
may serve as a member of the committee for more than two
consecutive terms. Members of the committee shall be residents of this state. The committee shall be composed of four
certified chemical dependency professionals; one chemical
dependency treatment program director; one physician
licensed under chapter 18.71 or 18.57 RCW who is certified
in addiction medicine or a licensed or certified mental health
practitioner; and one member of the public who has received
chemical dependency counseling.
(2) The secretary may remove any member of the committee for cause as specified by rule. In the case of a vacancy,
the secretary shall appoint a person to serve for the remainder
of the unexpired term.
(3) The committee shall meet at the times and places designated by the secretary and shall hold meetings during the
year as necessary to provide advice to the director. The committee may elect a chair and a vice-chair. A majority of the
members currently serving shall constitute a quorum.
(4) Each member of the committee shall be reimbursed
for travel expenses as authorized in RCW 43.03.050 and
43.03.060. In addition, members of the committee shall be
compensated in accordance with RCW 43.03.240 when
engaged in the authorized business of the committee.
(5) The director of the department of social and health
services division of alcohol and substance abuse or the director's designee, shall serve as an ex officio member of the
committee.
(6) The secretary, members of the committee, or individuals acting on their behalf are immune from suit in any
action, civil or criminal, based on any certification or disciplinary proceedings or other official acts performed in the
course of their duties. [1998 c 243 § 8.]
18.205.090
18.205.090 Certification requirements. (1) The secretary shall issue a certificate to any applicant who demonstrates to the secretary's satisfaction that the following
requirements have been met:
(a) Completion of an educational program approved by
the secretary or successful completion of alternate training
that meets established criteria;
(b) Successful completion of an approved examination,
based on core competencies of chemical dependency counseling; and
(2004 Ed.)
18.205.110
(c) Successful completion of an experience requirement
that establishes fewer hours of experience for applicants with
higher levels of relevant education. In meeting any experience requirement established under this subsection, the secretary may not require more than one thousand five hundred
hours of experience in chemical dependency counseling for
applicants who are licensed under chapter 18.83 RCW or
under chapter 18.79 RCW as advanced registered nurse practitioners.
(2) The secretary shall establish by rule what constitutes
adequate proof of meeting the criteria.
(3) Applicants are subject to the grounds for denial of a
certificate or issuance of a conditional certificate under chapter 18.130 RCW.
(4) Certified chemical dependency professionals shall
not be required to be registered under chapter 18.19 RCW or
licensed under chapter 18.225 RCW. [2001 c 251 § 30; 1998
c 243 § 9.]
Severability—2001 c 251: See RCW 18.225.900.
18.205.100
18.205.100 Educational programs and alternative
training—Standards and procedures—Established by
rule. The secretary may establish by rule the standards and
procedures for approval of educational programs and alternative training. The secretary may utilize or contract with individuals or organizations having expertise in the profession or
in education to assist in the evaluations. The secretary shall
establish by rule the standards and procedures for revocation
of approval of educational programs. The standards and procedures set shall apply equally to educational programs and
training in the United States and in foreign jurisdictions. The
secretary may establish a fee for educational program evaluations. [2000 c 171 § 42; 1998 c 243 § 10.]
18.205.110
18.205.110 Examination. (1) The date and location of
examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other
requirements for certification shall be scheduled for the next
examination following the filing of the application. The secretary shall establish by rule the examination application
deadline.
(2) The secretary or the secretary's designees shall examine each applicant, by means determined most effective, on
subjects appropriate to the scope of practice, as applicable.
Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill
and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers,
and the grading of any practical work shall be preserved for a
period of not less than one year after the secretary has made
and published the decisions. All examinations shall be conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in
the first examination may take up to three subsequent examinations as the applicant desires upon prepaying a fee determined by the secretary under RCW 43.70.250 for each subsequent examination. Upon failing four examinations, the secretary may invalidate the original application and require
such remedial education before the person may take future
examinations.
[Title 18 RCW—page 335]
18.205.120
Title 18 RCW: Businesses and Professions
(5) The secretary may approve an examination prepared
or administered by a private testing agency or association of
licensing agencies for use by an applicant in meeting the certification requirements. [1998 c 243 § 11.]
18.205.120
18.205.120 Application for certification—Fee. Applications for certification shall be submitted on forms provided
by the secretary. The secretary may require any information
and documentation that reasonably relates to the need to
determine whether the applicant meets the criteria for certification provided for in this chapter and chapter 18.130 RCW.
Each applicant shall pay a fee determined by the secretary
under RCW 43.70.250. The fee shall accompany the application. [1998 c 243 § 12.]
18.205.130
18.205.130 Waiver of examination—Certification of
applicants—Intent. (1) Within two years after July 1, 1999,
the secretary shall waive the examination and certify a person
who pays a fee and produces a valid chemical dependency
counselor certificate of qualification from the department of
social and health services.
(2) Within two years after July 1, 1999, the secretary
shall waive the examination and certify applicants who are
licensed under chapter 18.83 RCW or under chapter 18.79
RCW as advanced registered nurse practitioners who pay a
fee, who document completion of courses substantially
equivalent to those required of chemical dependency counselors working in programs approved under chapter 70.96A
RCW on July 1, 1999, and who provide evidence of one thousand five hundred hours of experience in chemical dependency counseling.
(3) It is the intent of the legislature that the credentialing
of chemical dependency professionals be established solely
by the department. [1998 c 243 § 13.]
18.205.140
18.205.140 Applicant credentialed in another state—
Certification without examination. An applicant holding a
credential in another state may be certified to practice in this
state without examination if the secretary determines that the
other state's credentialing standards are substantially equivalent to the standards in this state. [1998 c 243 § 14.]
18.205.150
18.205.150 Uniform disciplinary act. The uniform
disciplinary act, chapter 18.130 RCW, shall govern the issuance and denial of certificates, unauthorized practice, and the
discipline of persons certified under this chapter. The secretary shall be the disciplining authority under this chapter.
[1998 c 243 § 15.]
18.205.900
18.205.900 Effective dates—1998 c 243. This act takes
effect July 1, 1998, except for sections 3, 9, 13, and 14 of this
act, which take effect July 1, 1999. [1998 c 243 § 18.]
Chapter 18.210 RCW
ON-SITE WASTEWATER TREATMENT SYSTEMS—
DESIGNER LICENSING
Chapter 18.210
Sections
18.210.005
18.210.010
Findings—Purpose—Prohibition.
Definitions.
[Title 18 RCW—page 336]
18.210.020
18.210.030
18.210.040
18.210.050
18.210.060
18.210.070
18.210.080
18.210.090
18.210.100
18.210.110
18.210.120
18.210.130
18.210.140
18.210.150
18.210.160
18.210.170
18.210.180
18.210.190
18.210.200
18.210.210
18.210.220
18.210.900
Unprofessional conduct.
Support order—License/practice permit suspension.
Advisory committee.
Director's authority.
Board—Authority—Duties.
Advisory committee—Duties.
Immunity.
Practice permits—License.
Written examination—Minimum requirements.
Experience from outside state.
Application for licensure—References—Fees.
Issuance of license.
Renewal—Renewal fee—Penalty fee.
Persons exempt from licensure.
Prohibited practices—Penalty.
Continuing education.
Foreign jurisdiction—License without examination.
Local health jurisdictions—Certificate of competency—Fee.
Account—Budget request.
Chapter evaluation—Financial assurance.
Uniform regulation of business and professions act.
Captions not law—1999 c 263.
18.210.005
18.210.005 Findings—Purpose—Prohibition. (1) In
order to safeguard life, health, and property and to promote
the public welfare, the legislature finds that it is in the public
interest to permit the limited practice of engineering by qualified individuals who are not registered as professional engineers under chapter 18.43 RCW. The increased complexity
of on-site wastewater treatment systems, changes in treatment technology, and the need to protect ground water and
watershed areas make it essential that qualified professionals
design the systems. Furthermore, the legislature finds that
individuals who have been authorized by local health jurisdictions to design on-site wastewater treatment systems have
performed these designs in the past. However, it is desirable
to establish a statewide licensing program to create uniform
application of design practices, standards for designs, individual qualifications, and consistent enforcement efforts
applicable to all persons who design on-site wastewater treatment systems, including persons licensed to practice as professional engineers under chapter 18.43 RCW. It is further
desirable to establish a certification program applicable to all
persons who inspect or approve on-site wastewater treatment
systems on behalf of a local health jurisdiction.
(2) It is unlawful for any individual to practice or offer to
practice the design of on-site wastewater treatment systems
unless licensed in accordance with this chapter or licensed as
a professional engineer under chapter 18.43 RCW. [1999 c
263 § 1.]
18.210.010
18.210.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advisory committee" means a group of individuals
with broad knowledge and experience in the design, construction, and regulation of on-site wastewater treatment systems, appointed under this chapter to offer recommendations
to the board and the director on the administration of the program established under this chapter.
(2) "Board" means the board of registration for professional engineers and land surveyors as defined in chapter
18.43 RCW.
(3) "Designer," "licensee," or "permit holder" means an
individual authorized under this chapter to perform design
services for on-site wastewater treatment systems.
(2004 Ed.)
On-Site Wastewater Treatment Systems—Designer Licensing
(4) "Director" means the director of the Washington state
department of licensing.
(5) "Engineer" means a professional engineer licensed
under chapter 18.43 RCW.
(6) "Practice of engineering" has the meaning set forth in
RCW 18.43.020(5).
(7) "On-site wastewater treatment system" means an
integrated system of components that: Convey, store, treat,
and/or provide subsurface soil treatment and disposal of
wastewater effluent on the property where it originates or on
adjacent or other property and includes piping, treatment
devices, other accessories, and soil underlying the disposal
component of the initial and reserve areas, for on-site wastewater treatment under three thousand five hundred gallons
per day when not connected to a public sewer system.
(8) "On-site wastewater design" means the development
of plans, details, specifications, instructions, or inspections
by application of specialized knowledge in analysis of soils,
on-site wastewater treatment systems, disposal methods, and
technologies to create an integrated system of collection,
transport, distribution, treatment, and disposal of on-site
wastewater.
(9) "Local health jurisdiction" or "jurisdictional health
department" means an administrative agency created under
chapter 70.05, 70.08, or 70.46 RCW, that administers the regulation and codes regarding on-site wastewater treatment systems.
(10) "Practice permit" means an authorization to practice
granted to an individual who designs on-site wastewater
treatment systems and who has been authorized by a local
health jurisdiction to practice on or before July 1, 2000.
(11) "License" means a license to design on-site wastewater treatment systems under this chapter.
(12) "Certificate of competency" means a certificate
issued to employees of local health jurisdictions indicating
that the certificate holder has passed the licensing examination required under this chapter. [1999 c 263 § 2.]
18.210.020 Unprofessional conduct. In addition to the
unprofessional conduct described in RCW 18.235.130, the
following conduct, acts, and conditions constitute unprofessional conduct:
(1) Practicing with a practice permit or license issued
under this chapter that is expired, suspended, or revoked;
(2) Being willfully untruthful or deceptive in any document, report, statement, testimony, or plan that pertains to the
design or construction of an on-site wastewater treatment
system; and
(3) Submission of a design or as-built record to a local
health jurisdiction, to the department of health, or to the
department of ecology, that is knowingly based upon false,
incorrect, misleading, or fabricated information. [2002 c 86
§ 256; 1999 c 263 § 3.]
18.210.020
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.030 Support order—License/practice permit
suspension. The board shall immediately suspend the
license or practice permit of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
18.210.030
(2004 Ed.)
18.210.040
and health services as a person who is not in compliance with
a support order. If the person has continued to meet all other
requirements for a license under this chapter during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the
department of social and health services stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative
remedy for contesting the establishment of noncompliance
with a child support order, and suspension of a license under
this subsection [section], and satisfies the requirements of
RCW 34.05.422. [2002 c 86 § 257; 1999 c 263 § 4.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.040
18.210.040 Advisory committee. (1) There is created
an advisory committee, which shall provide recommendations to the board and the director concerning the implementation of this chapter. The advisory committee shall consist of
five members who are conversant with and experienced in the
design, inspection, construction, and/or maintenance of onsite wastewater treatment systems, and who are otherwise eligible for licensure under this chapter. Each member of the
committee must be a resident of the state and must have a
minimum of seven years of continuous experience with onsite wastewater treatment systems immediately prior to
appointment.
(2) The director shall appoint to the committee individuals from across the state, thus utilizing geographic and experiential diversity as much as possible. The terms of the members of the advisory committee shall be a maximum of three
years, except that the initial appointees to the committee shall
serve the following terms: Two members for two years and
three members for three years. No member of the advisory
committee is eligible for reappointment to a third consecutive
term, but any member is eligible for reappointment after an
absence of at least one year from the committee. Any member who is reappointed following an absence of at least one
year from the committee is eligible for reappointment to a
second consecutive term and is again eligible for reappointment after an absence of at least one year from the committee.
(3) Members of the advisory committee shall serve until
replaced by a subsequent appointment, but may resign prior
to completing the term of appointment. The director may for
just cause remove a committee member. The director shall
appoint a new member to fill any vacancy on the advisory
committee for the remainder of the unexpired term. Members
of the advisory committee shall not be compensated, but shall
be reimbursed for expenses incurred in accordance with
RCW 43.03.050 and 43.03.060. Three members constitutes a
quorum.
(4) At the request of the advisory committee, the director
may appoint temporary additional members to the advisory
committee for assistance with rule development, examination
development, and technical advice on complaints. Members
temporarily appointed must meet the same minimum qualifications as regular members of the advisory committee. Temporary members have all the powers, duties, and immunities
of regular members of the advisory committee and shall be
reimbursed for expenses incurred in accordance with RCW
[Title 18 RCW—page 337]
18.210.050
Title 18 RCW: Businesses and Professions
43.03.050 and 43.03.060. The director shall limit the term of
temporary members to one year, but may for just cause
extend the original appointment up to one additional year.
[1999 c 263 § 5.]
18.210.050
18.210.050 Director's authority. The director may:
(1) Appoint and reappoint members to the advisory committee, including temporary additional members, and remove
committee members for just cause;
(2) Employ administrative, clerical, and investigative
staff as necessary to administer and enforce this chapter;
(3) Establish fees for applications, examinations, and
renewals in accordance with chapter 43.24 RCW;
(4) Issue practice permits and licenses to applicants who
meet the requirements of this chapter; and
(5) Exercise rule-making authority to implement this
section. [1999 c 263 § 6.]
18.210.060
18.210.060 Board—Authority—Duties. (1) The
board may:
(a) Adopt rules to implement this chapter including, but
not limited to, evaluation of experience, examinations, and
scope and standards of practice;
(b) Administer licensing examinations; and
(c) Review and approve or deny initial and renewal
license applications.
(2) The board shall consider recommendations of the
advisory committee made in accordance with this chapter.
[2002 c 86 § 258; 1999 c 263 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.070
18.210.070 Advisory committee—Duties. The advisory committee shall make recommendations to the board
regarding:
(1) Development and adoption of rules to implement this
chapter including, but not limited to, evaluation of experience, examinations, and scope and standards of practice;
(2) Development of the material content of examinations
for licensure or for a certificate of competency under this
chapter;
(3) Review of complaints and investigations pertaining
to the practice of the design of on-site wastewater treatment
systems; and
(4) Any other duties deemed necessary by the director or
the board. [1999 c 263 § 8.]
18.210.080
18.210.080 Immunity. The director, members of the
board, and individuals acting on behalf of the director are
immune to liability in any civil action or criminal case based
on any acts performed in the course of their duties under this
chapter, except for acts displaying intentional or willful misconduct. [1999 c 263 § 9.]
18.210.090
18.210.090 Practice permits—License. (1) On July 1,
2000, any person who is authorized by a local health jurisdiction to prepare on-site wastewater treatment system designs
in the state of Washington is eligible for a practice permit
under this chapter. On or after July 1, 2000, any individual
[Title 18 RCW—page 338]
wishing to obtain a practice permit must make application to
the board and pay the fee established by the director. A practice permit enables the permit holder to practice on-site
design services only within local health jurisdictions where
the permit holder had authorization to practice as of July 1,
2000.
(2) A practice permit is renewable annually upon payment of the fee established by the director. All practice permits issued under this chapter expire June 30, 2003.
(3) Any person who practices or offers to practice the
design of on-site wastewater treatment systems must obtain a
license under this chapter by July 1, 2003. A license issued
under this chapter enables the licensee to perform design services for on-site wastewater treatment systems in all counties
in the state. A person wishing to obtain a license to practice
the design of on-site wastewater treatment systems may
obtain the license by one of the methods described in this
chapter. Beginning on July 1, 2001, the board will accept
applications for the license.
(4) On July 1, 2000, all programs administered by local
health jurisdictions that license or otherwise authorize the
practice of on-site wastewater treatment systems designs
must discontinue. On or after July 1, 2000, each person practicing on-site design services in the state of Washington must
hold a practice permit or a license described in this chapter.
(5) Local health jurisdictions, the department of health,
and the department of ecology retain authority: (a) To
administer local regulations and codes for approval or disapproval of designs for on-site wastewater treatment systems;
(b) to issue permits for construction; (c) to evaluate soils and
site conditions for compliance with code requirements; and
(d) to perform on-site wastewater treatment design work as
authorized in state and local board of health rules. [1999 c
263 § 10.]
18.210.100
18.210.100 Written examination—Minimum
requirements. All applicants for licensure under this chapter, except as provided in RCW 18.210.180, must pass a written examination administered by the board and must also
meet the following minimum requirements:
(1) A high school diploma or equivalent; and
(2) A minimum of four years of experience, as approved
by the board, showing increased responsibility for the design
of on-site wastewater treatment systems. The experience
must include, but is not limited to, site soil assessment,
hydraulics, topographic delineations, use of specialized treatment processes and devices, microbiology, and construction
practices. Completion of two years of college level course
work in subjects dealing with, but not limited to, soils,
hydraulics, topographic delineations, construction practices,
and/or microbiology or completion of a two-year curriculum
in on-site treatment systems, technology, and applications, as
approved by the board, may be substituted for up to two years
of the experience requirement. [1999 c 263 § 11.]
18.210.110
18.210.110 Experience from outside state. Experience in on-site design, inspection, and/or construction activities acquired outside the state of Washington may satisfy the
experience requirements under this chapter. The board shall
consider the experience according to the level of complexity
(2004 Ed.)
On-Site Wastewater Treatment Systems—Designer Licensing
of the design work and evidence that the experience shows
increased responsibility over designs. The experience may be
considered only to the extent that it can be independently verified by the board. [1999 c 263 § 12.]
18.210.120
18.210.120 Application for licensure—References—
Fees. (1) Application for licensure must be on forms prescribed by the board and furnished by the director. The application must contain statements, made under oath, demonstrating the applicant's education and work experience.
(2) Applicants shall provide not less than two verifications of experience from licensed professional engineers, onsite wastewater treatment system designers licensed under
this chapter, or state/local regulatory officials in the on-site
wastewater treatment field who have direct knowledge of the
applicant's qualifications to practice in accordance with this
chapter and who verify the applicant's work experience.
(3) The director, as provided in RCW 43.24.086, shall
determine an application fee for licensure as an on-site wastewater treatment system designer. A nonrefundable application fee must accompany the application. The director shall
ensure that the application fee includes the cost of the examination and the cost issuance of a license and certificate. A
candidate who fails an examination may apply for reexamination. The director shall determine the fee for reexamination. [1999 c 263 § 13.]
18.210.130
18.210.130 Issuance of license. (1) The director shall
issue a license to any applicant who meets the requirements
of this chapter. The issuance of a license by the director is
evidence that the person named is entitled to the rights and
privileges of a licensed on-site wastewater treatment system
designer as long as the license remains valid.
(2) Each person licensed under this chapter shall obtain
an inking stamp, of a design authorized by the board, that
contains the licensee's name and license number. Plans, specifications, and reports prepared by the registrant must be
signed, dated, and stamped. Signature and stamping constitute certification by the licensee that a plan, specification, or
report was prepared by or under the direct supervision of a
licensee.
(3) Those persons who obtain a certificate of competency as provided in chapter 70.118 RCW do not have the
privileges granted to a license holder under this chapter and
do not have authority to obtain and use a stamp as described
in this section. [1999 c 263 § 14.]
18.210.180
tion must be canceled. Following cancellation, a person seeking to renew must reapply as a new applicant under this chapter.
(3) The director, in conformance with RCW 43.24.140,
may modify the duration of the license. The director, as provided in RCW 43.24.086, shall determine the fee for applications and for renewals of practice permits and licenses issued
under this chapter. [1999 c 263 § 15.]
18.210.150
18.210.150 Persons exempt from licensure. A person
engaged in any of the following activities is not required to be
licensed in accordance with this chapter:
(1) A licensed professional engineer, as provided in
chapter 18.43 RCW, if the professional engineer performs the
design work in accordance with this chapter and rules
adopted under this chapter; or
(2) An employee or a subordinate of a person licensed
under chapter 18.43 RCW as a professional engineer, or a
person licensed under this chapter if the work is performed
under the direct supervision of the engineer or licensee and
does not include final design decisions. [1999 c 263 § 16.]
18.210.160
18.210.160 Prohibited practices—Penalty. On or
after July 1, 2003, it is a gross misdemeanor for any person,
not otherwise exempt from the requirements of this chapter,
to: (1) Perform on-site wastewater treatment systems design
services without a license; (2) purport to be qualified to perform those services without having been issued a standard
license under this chapter; (3) attempt to use the license or
seal of another; (4) attempt to use a revoked or suspended
license; or (5) attempt to use false or fraudulent credentials.
In addition, action may be taken under RCW 18.235.150.
[2002 c 86 § 259; 1999 c 263 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.170
18.210.170 Continuing education. The board shall
require licensees and holders of certificates of competency
under this chapter to obtain continuing professional development or continuing education. The board may also require
these licensees and certificate holders to demonstrate maintenance of knowledge and skills as a condition of license or
certificate renewal, including peer review of work products
and periodic reexamination. [1999 c 263 § 18.]
18.210.140
18.210.140 Renewal—Renewal fee—Penalty fee. (1)
Practice permits and licenses issued under this chapter are
valid for one year and may be renewed under the conditions
described in this chapter. An expired practice permit or
license is invalid and must be renewed before lawful practice
can resume. Any permit holder or licensee who fails to pay
the renewal fee within ninety days following the date of expiration shall be assessed a penalty fee as determined by the
director and must pay the penalty fee and the base renewal
fee before the practice permit or license may be returned to a
valid status.
(2) Any license or practice permit issued under this chapter that is not renewed within two years of its date of expira(2004 Ed.)
18.210.180
18.210.180 Foreign jurisdiction—License without
examination. Any person holding a license issued by a jurisdiction outside the state of Washington authorizing that person to perform design services for the construction of on-site
wastewater treatment systems may be granted a license without examination under this chapter, if:
(1) The education, experience, and/or examination forming the basis of the license is determined by the board to be
equal to or greater than the conditions for the issuance of a
license under this chapter; and
(2) The individual has paid the applicable fee and has
submitted the necessary application form. [1999 c 263 § 19.]
[Title 18 RCW—page 339]
18.210.190
Title 18 RCW: Businesses and Professions
18.210.190
18.210.190 Local health jurisdictions—Certificate of
competency—Fee. (1) Employees of local health jurisdictions who review, inspect, or approve the design and construction of on-site wastewater treatment systems shall obtain
a certificate of competency by obtaining a passing score on
the written examination administered for licensure under this
chapter. Eligibility to apply for the certificate of competency
is based upon a written request from the local health director
or designee and payment of a fee established by the director.
Applications for a certificate of competency may not be
accepted until on or after July 1, 2000. The certificate of competency is renewable upon payment of a fee established by
the director.
(2) Issuance of the certificate of competency does not
authorize the certificate holder to offer or provide on-site
wastewater treatment system design services. However,
nothing in this chapter limits or affects the ability of local
health jurisdictions to perform on-site design services under
their authority in chapter 70.05 RCW. [1999 c 263 § 20.]
18.210.900
18.210.900 Captions not law—1999 c 263. Captions
used in this chapter constitute no part of the law. [1999 c 263
§ 24.]
Chapter 18.215
Chapter 18.215 RCW
SURGICAL TECHNOLOGISTS
Sections
18.215.005
18.215.010
18.215.020
18.215.030
18.215.040
18.215.050
18.215.060
18.215.070
18.215.080
Registration of surgical technologists.
Definitions.
Registration.
Construction—Limitation of chapter.
Secretary's authority.
Required applicant information.
Registration of applicant—Fee.
Renewal of registration—Requirements, fees established by
rule.
Uniform disciplinary act—Application to chapter.
18.215.005
18.215.005 Registration of surgical technologists.
The registration of surgical technologists is in the interest of
the public health, safety, and welfare. [1999 c 335 § 1.]
18.210.200
18.210.200 Account—Budget request. (1) All fees
and fines collected under this chapter shall be paid into the
professional engineers' account established under RCW
18.43.150. Moneys in the account may be spent only after
appropriation and must be used to carry out all the purposes
and provisions of this chapter and chapter 18.43 RCW,
including the cost of administering this chapter.
(2) The director shall biennially prepare a budget request
based on the anticipated cost of administering licensing and
certification activities. The budget request shall include the
estimated income from fees contained in this chapter. [1999
c 263 § 21.]
18.215.010
18.215.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health or the secretary's designee.
(3) "Surgical technologist" means a person, regardless of
title, who is supervised in the surgical setting under the delegation of authority of a health care practitioner acting within
the scope of his or her license and under the laws of this state.
[1999 c 335 § 2.]
18.215.020
18.210.210
18.210.210 Chapter evaluation—Financial assurance. (1) By July 1, 2005, the department of licensing and
department of health shall convene a review committee to
evaluate the licensing and certification programs established
under this chapter.
(2) By July 1, 1999, the director shall convene a work
group to study the financial assurance of on-site wastewater
system practitioners through bonding, insurance, risk pools,
or similar methods. The study of financial assurance requirements for on-site wastewater system practitioners shall
include consideration of responsibility for the loss of value of
structures or property should an installed on-site wastewater
treatment system fail or be otherwise inoperable. The work
group shall provide recommendations to the director by
December 1, 1999, and the director shall forward those recommendations to the governor. [1999 c 263 § 23.]
18.210.220
18.210.220 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 260.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
[Title 18 RCW—page 340]
18.215.020 Registration. No person may represent
oneself as a surgical technologist by use of any title or
description without being registered by the department under
the provisions of this chapter. [1999 c 335 § 3.]
18.215.030
18.215.030 Construction—Limitation of chapter.
Nothing in this chapter may be construed to prohibit or
restrict:
(1) The practice of an individual licensed, certified, or
registered under the laws of this state and performing services within his or her authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and whose
performance of services is pursuant to a regular course of
instruction or assignments from an instructor and under the
general supervision of the instructor. [1999 c 335 § 4.]
18.215.040
18.215.040 Secretary's authority. In addition to any
other authority provided by law, the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW as required to
implement this chapter;
(2) Establish all registration and renewal fees in accordance with RCW 43.70.250;
(2004 Ed.)
Geologists
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register an applicant or deny registration based upon
unprofessional conduct or impairment governed by the uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter; and
(6) Maintain the official department record of all applicants and persons with registrations. [1999 c 335 § 5.]
18.215.050
18.215.050 Required applicant information. An
applicant shall identify the name and address of the applicant
and other information required by the secretary necessary to
establish whether there are grounds for denial of a registration or conditional registration under chapter 18.130 RCW.
[1999 c 335 § 6.]
18.215.060
18.215.060 Registration of applicant—Fee. The secretary shall register an applicant on forms provided by the
secretary. Each applicant shall pay a fee determined by the
secretary under RCW 43.70.250. The fee shall accompany
the application. [1999 c 335 § 7.]
18.215.070
18.215.070 Renewal of registration—Requirements,
fees established by rule. The secretary shall establish by
rule the procedural requirements and fees for renewal of registration. Failure to renew shall invalidate the registration and
all privileges granted by the registration. [1999 c 335 § 8.]
18.215.080 Uniform disciplinary act—Application to
chapter. The uniform disciplinary act, chapter 18.130 RCW,
governs unregistered practice, the issuance and denial of registration, and the discipline of persons registered under this
chapter. The secretary shall be the disciplining authority
under this chapter. [1999 c 335 § 9.]
18.215.080
Chapter 18.220
Chapter 18.220 RCW
GEOLOGISTS
Sections
18.220.005
18.220.010
18.220.020
18.220.030
18.220.040
18.220.050
18.220.060
18.220.070
18.220.080
18.220.090
18.220.100
18.220.110
18.220.120
18.220.130
18.220.140
18.220.150
18.220.160
18.220.170
18.220.180
18.220.190
18.220.200
18.220.210
18.220.900
(2004 Ed.)
Finding.
Definitions.
License required.
Geologist licensing board.
Director's authority.
Board's authority.
Requirements for licensure.
Application for licensure—Fee.
Examinations—Fee.
Certificate of licensing—Seal.
Licensure or certification without examination—Requirements.
License renewal—Fee—Reinstatement.
Geologists' account.
Unprofessional conduct.
Unprofessional conduct—Hearing before director—Orders.
Unprofessional conduct—Written complaint—Investigation.
Suspension of license/practice permit—Noncompliance with a
child support order.
Prohibited acts—Class 1 civil infractions.
Violation of chapter—Injunction to restrain—Director's
authority.
Permitted activities—Certificate of licensing not required.
Uniform regulation of business and professions act.
Public bodies—Use of either soil scientist or licensed geologist permitted.
Severability—2000 c 253.
18.220.010
18.220.901
Effective date—2000 c 253.
18.220.005
18.220.005 Finding. The legislature finds it is in the
public interest to regulate the practice of geology to safeguard life, health, and property and to promote the public
welfare. [2000 c 253 § 1.]
18.220.010
18.220.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the geologist licensing board.
(2) "Department" means the department of licensing.
(3) "Director" means the director of the department of
licensing.
(4) "Engineering geologist" means a geologist who, by
reason of his or her knowledge of engineering geology,
acquired by education and practical experience, is qualified
to engage in the practice of engineering geology, has met the
qualifications in engineering geology established under this
chapter, and has been issued a license in engineering geology
by the board.
(5) "Engineering geology" means a specialty of geology
affecting the planning, design, operation, and maintenance of
engineering works and other human activities where geological factors and conditions impact the public welfare or the
safeguarding of life, health, property, and the environment.
(6) "Geologist" means a person who, by reason of his or
her knowledge of geology, mathematics, the environment,
and the supporting physical and life sciences, acquired by
education and practical experience, has met the qualifications
established under this chapter, and has been issued a certificate of licensing as a geologist by the board.
(7) "Geology" means the science that includes: Treatment of the earth and its origin and history, in general; the
investigation of the earth's constituent rocks, minerals, solids,
fluids, including surface and underground waters, gases, and
other materials; and the study of the natural agents, forces,
and processes that cause changes in the earth.
(8) "Hydrogeology" means a science that involves the
study of the waters of the earth, including the study of the
occurrence, circulation, distribution, chemistry, remediation,
or quality of water or its role as a natural agent that causes
changes in the earth, and the investigation and collection of
data concerning waters in the atmosphere or on the surface or
in the interior of the earth, including data regarding the interaction of water with other gases, solids, or fluids.
(9) "Licensed specialty geologist" means a licensed geologist who has met the qualifications in a specialty of geology
established under this chapter and has been issued a license in
that specialty by the board.
(10) "Practice of engineering geology" means performance of geological service or work including but not limited
to consultation, investigation, evaluation, planning, geological mapping, and inspection of geological work, and the
responsible supervision thereof, the performance of which is
related to public welfare or the safeguarding of life, health,
property, and the environment, except as otherwise specifically provided by this chapter, and includes but is not limited
to the commonly recognized geological practices of construction geology, environmental geology, and urban geology.
[Title 18 RCW—page 341]
18.220.020
Title 18 RCW: Businesses and Professions
(11) "Practice of geology" means performance of geological service or work including but not limited to collection
of geological data, consultation, investigation, evaluation,
interpreting, planning, geological mapping, or inspection
relating to a service or work that applies to geology, and the
responsible supervision thereof, the performance of which is
related to public welfare or the safeguarding of life, health,
property, and the environment, except as otherwise specifically provided by this chapter.
(12) "Practice of geology for others" includes, but is not
limited to:
(a) The preparation of geologic reports, documents, or
exhibits by any commission, board, department, district, or
division of the state or any political subdivision thereof or of
any county, city, or other public body, or by the employees or
staff members of the commission, board, department, district,
or division of the state or any political subdivision thereof or
of any county, city, or other public body when the reports,
documents, or exhibits are disseminated or made available to
the public in such a manner that the public may reasonably be
expected to rely thereon or be affected thereby; and
(b) The performance of geological services by any individual, firm, partnership, corporation, or other association or
by the employees or staff members thereof, whether or not
the principal business of the organization is the practice of
geology, which the geological reports, documents, or exhibits
constituting the practice of geology are disseminated or made
available to the public or any individual or organization in
such a manner that the public or individual or combination of
individuals may reasonably be expected to rely thereon or be
affected thereby.
However, geological reports, documents, or exhibits that
are prepared by the employees or staff members of any individual, firm, partnership, corporation, or other association or
commission, board, department, district, or division of the
state or any political subdivision thereof or any county, city,
or other public body that are for use solely within such organizations are considered in-house reports, documents, or
exhibits and are not the practice of geology for others unless
or until the reports are disseminated or made available as set
forth in (a) or (b) of this subsection.
(13) "Practice of hydrogeology" means the performance
of or offer to perform any hydrogeologic service or work in
which the public welfare or the safeguarding of life, health,
environment, or property is concerned or involved. This
includes the collection of geological data, and consultation,
investigation, evaluation, interpretation, planning, or inspection relating to a service or work that applies hydrogeology.
(14) "Responsible charge" means the exercise of fully
independent control and direction of geological work or the
supervision of such work, and being fully responsible,
answerable, accountable, or liable for the results.
(15) "Specialty" means a branch of geology that has been
recognized under this chapter for the purposes of licensure.
Engineering geology is considered to be a specialty of geology.
(16) "Subordinate" means any person who assists in the
practice of geology by a licensed geologist or an exempt person, without assuming the responsible charge of the work.
[2000 c 253 § 3.]
[Title 18 RCW—page 342]
18.220.020
18.220.020 License required. (1) It is unlawful for any
person to practice, or offer to practice, geology for others in
this state, or to use in connection with his or her name or otherwise assume or advertise any title or description tending to
convey the impression that he or she is a licensed geologist,
or other licensed specialty geologist title, unless the person
has been licensed under the provisions of this chapter.
(2) A person shall be construed to practice or offer to
practice geology, within the meaning and intent of this chapter, if the person:
(a) Practices any branch of the profession of geology;
(b) By verbal claim, sign, advertisement, letterhead,
card, or in any other way represents himself or herself to be a
geologist;
(c) Through the use of some other title implies that he or
she is a geologist or that he or she is licensed under this chapter; or
(d) Holds himself or herself out as able to perform or
does perform any geological services or work recognized by
the board as the practice of geology for others. [2000 c 253 §
2.]
18.220.030
18.220.030 Geologist licensing board. The state geologist licensing board is created. The board consists of seven
members, six of whom shall be appointed by the director,
who shall advise the director concerning the administration
of this chapter. Of the initial appointments to the board, five
shall be actively engaged in the practice of geology for at
least ten years, five of which shall have been immediately
prior to their appointment to the board. Subsequent to the initial appointments, five members of the board must be geologists licensed under this chapter, two of whom shall be
licensed in a specialty of geology recognized under this chapter. Insofar as possible, the composition of the appointed
geologists serving on the board shall be generally representative of the occupational distribution of geologists licensed
under this chapter. One member of the board must be a member of the general public with no family or business connection with the practice of geology. The supervisor of geology
of the department of natural resources is an ex officio member of the board. Members of the board shall be appointed for
terms of four years. Terms shall be staggered so that not more
than two appointments are scheduled to be made in any calendar year. Members shall hold office until the expiration of
the terms for which they were appointed and until their successors have been appointed and have qualified. A board
member may be removed for just cause. The director may
appoint a new member to fill a vacancy on the board for the
remainder of the unexpired term.
Each board member shall be entitled to compensation for
each day spent conducting official business and to reimbursement for travel expenses in accordance with RCW 43.03.240,
43.03.050, and 43.03.060. [2000 c 253 § 4.]
18.220.040
18.220.040 Director's authority. The director has the
following authority in administering this chapter:
(1) To adopt, amend, and rescind rules approved by the
board as deemed necessary to carry out this chapter;
(2) To adopt fees as provided in RCW 43.24.086;
(2004 Ed.)
Geologists
(3) To administer licensing examinations approved by
the board and to adopt or recognize examinations prepared by
other organizations as approved by the board;
(4) To adopt standards of professional conduct and practice as approved by the board; and
(5) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. Violation of an assurance under this subsection is grounds for
disciplinary action. [2002 c 86 § 261; 2000 c 253 § 5.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Referral to electorate—2000 c 253 § 5: "The secretary of state shall
submit section 5 of this act to the people for their adoption and ratification,
or rejection, at the next general election to be held in this state, in accordance
with RCW 43.135.090 (section 2, chapter 1, Laws of 2000, Initiative Measure No. 695). The suggested ballot title for this act is: "Shall the state
department of licensing be authorized to levy fees on geologists sufficient to
pay for their licensure?"" [2000 c 253 § 24.]
Reviser's note: Chapter 1, Laws of 2000 (Initiative Measure No. 695)
was declared unconstitutional in its entirety by Amalgamated Transit Union
Local 587 et al v. The State of Washington, 142 Wash.2d 183 (2000). Therefore 2000 c 253 § 5 was not referred to the electorate.
18.220.050
18.220.050 Board's authority. The board has the following authority in administering this chapter:
(1) To establish rules, including board organization and
assignment of terms, and meeting frequency and timing, for
adoption by the director;
(2) To establish the minimum qualifications for applicants for licensure as provided by this chapter;
(3) To approve the method of administration for examinations required by this chapter or by rule as established by
the director. To approve the adoption or recognition of examinations prepared by other organizations for adoption by the
director. To set the time and place of examinations with the
approval of the director;
(4) To establish and review standards of professional
conduct and practice for adoption by the director. Rules of
professional conduct will be consistent with those outlined
for engineers and land surveyors; and
(5) To designate specialties of geology to be licensed
under this chapter. [2002 c 86 § 262; 2000 c 253 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.220.060
18.220.060 Requirements for licensure. In order to
become a licensed geologist, an applicant must meet the following requirements:
(1) The applicant shall be of good moral and ethical
character as attested to by letters of reference submitted by
the applicant or as otherwise determined by the board;
(2) The applicant shall have graduated from a course of
study in geology satisfactory to the board or satisfy educational equivalents determined by the board;
(3) The applicant shall have a documented record of a
minimum of five years of experience in geology or a specialty of geology, obtained subsequent to completion of the
academic requirements specified in this section, in geological
(2004 Ed.)
18.220.060
work of a character satisfactory to the board, demonstrating
that the applicant is qualified to assume responsible charge of
such work upon licensing as a geologist. The board shall
require that three years of the experience be gained under the
supervision of a geologist licensed in this or any other state,
or under the supervision of others who, in the opinion of the
board, are qualified to have responsible charge of geological
work;
(4) The applicant shall have passed an examination covering the fundamentals and practice of geology prescribed or
accepted by the board;
(5) The applicant shall meet other general or individual
requirements established by the board pursuant to its authority under this chapter;
(6) For licensing in any geological specialty recognized
under this chapter, an applicant must first be a licensed geologist under this chapter, and then meet the following requirements:
(a) In addition to the educational requirements for licensing as a geologist defined in subsection (2) of this section, an
applicant for licensing in any specialty of geology established
by the board shall have successfully completed advanced
study pertinent to their specialty, or equivalent seminars or
on-the-job training acceptable to the board;
(b) The applicant's experience shall include a documented record of five years of experience, after completion
of the academic requirements specified in this subsection, in
geological work in the applicable specialty of a character satisfactory to the board, and demonstrating that the applicant is
qualified to assume responsible charge of the specialty work
upon licensing in that specialty of geology. The board shall
require that three years of the experience be gained under the
supervision of a geologist licensed in the specialty in this or
any other state, or under the supervision of others who, in the
opinion of the board, are qualified to have responsible charge
of geological work in the specialty; and
(c) The applicant must pass an examination in the applicable specialty prescribed or accepted by the board;
(7) The following standards are applicable to experience
in the practice of geology or a specialty required under subsections (3) and (6) of this section:
(a) Each year of professional practice of a character
acceptable to the board, carried out under the direct supervision of a geologist who (i) is licensed in this state or is
licensed in another state with licensing standards substantially similar to those under this chapter; or (ii) meets the educational and experience requirements for licensing, but who
is not required to be licensed under the limitations of this
chapter, qualifies as one year of professional experience in
geology;
(b) Each year of professional specialty practice of a character acceptable to the board, carried out under the direct
supervision of a (i) geologist who is licensed in a specialty
under this chapter, or who is licensed as a specialty geologist
in another state that has licensing requirements that are substantially similar to this chapter; or (ii) specialty geologist
who meets the educational and experience requirements for
licensing, but who is not required to be licensed under the
limitations of this chapter, qualifies as one year of practice in
the applicable specialty of geology; and
[Title 18 RCW—page 343]
18.220.070
Title 18 RCW: Businesses and Professions
(c) Experience in professional practice, of a character
acceptable to the board and acquired prior to one year after
July 1, 2001, qualifies if the experience (i) was acquired
under the direct supervision of a geologist who meets the
educational and experience requirements for licensing under
this chapter, or who is licensed in another state that has
licensing requirements that are substantially similar to this
chapter; or (ii) would constitute responsible charge of professional geological work, as determined by the board;
(8) Each year of full-time graduate study in the geological sciences or in a specialty of geology shall qualify as one
year of professional experience in geology or the applicable
specialty of geology, up to a maximum of two years. The
board may accept geological research, teaching of geology,
or a geological specialty at the college or university level as
qualifying experience, provided that such research or teaching, in the judgment of the board, is comparable to experience
obtained in the practice of geology or a specialty thereof;
(9) An applicant who applies for licensing before July 1,
2003, shall be considered to be qualified for licensing, without further written examination, if the applicant possesses the
following qualifications:
(a)(i) A specific record of graduation with a bachelor of
science or bachelor of arts or higher degree, with a major in
geology granted by an approved institution of higher education acceptable to the board; or
(ii) Graduation from an approved institution of higher
education in a four-year academic degree program other than
geology, but with the required number of course hours as
defined by the board to qualify as a geologist or engineering
geologist; and
(b) Experience consisting of a minimum of five years of
professional practice in geology or a specialty thereof as
required under subsections (3) and (7) of this section, of a
character acceptable to the board;
(10) An applicant who applies for licensing in a specialty
within one year after recognition of the specialty under this
chapter shall be considered qualified for licensing in that specialty, without further written examination, if the applicant:
(a) Is qualified for licensing as a geologist in this state;
and
(b) Has experience consisting of a minimum five years
of professional practice in the applicable specialty of geology
as required under subsections (3) and (7) of this section, of a
character acceptable to the board; and
(11) The geologists initially appointed to the board under
RCW 18.220.030 shall be qualified for licensing under subsections (7) and (8) of this section. [2003 c 292 § 1; 2000 c
253 § 7.]
Effective date—2003 c 292: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 14, 2003]." [2003 c 292 § 3.]
18.220.070
18.220.070 Application for licensure—Fee. An application for licensing shall be filed with the director on a form
provided by the director and must contain statements made
under oath demonstrating the applicant's education and practical experience. The director may require any information
and documentation that reasonably relates to the need to
determine whether the applicant meets the criteria for licens[Title 18 RCW—page 344]
ing. The application fee for initial licensing shall be determined by the director as provided in RCW 43.24.086. The
application, together with the fee, must be submitted to the
department prior to the application deadline established by
the director. Fees for initial licensing shall include the examination and issuance of a certificate. If the director finds an
applicant ineligible for licensing, the fee shall be retained as
an application fee. [2000 c 253 § 8.]
18.220.080
18.220.080 Examinations—Fee. Examinations of
applicants for licensing, when required, shall be held at such
times and places as determined by the board with the director's approval. The scope of the examination shall be directed
to an applicant's ability to practice geology or any approved
specialty of geology in a manner to ensure the safety of life,
health, and property. A candidate failing an examination may
apply for reexamination. Subsequent examinations will be
granted upon payment of a fee to be determined by the director as provided in RCW 43.24.086. [2000 c 253 § 9.]
18.220.090
18.220.090 Certificate of licensing—Seal. The director shall issue a certificate of licensing to any applicant who
has satisfactorily met all of the requirements of this chapter
for licensing as a geologist or an approved specialty geologist. The certificate shall show the full name of the license
holder, shall have a certificate number, and shall be signed by
the director and an officer of the board. The issuance by the
director of a certificate of licensing to an individual shall be
prima facie evidence that the person is entitled to all the
rights and privileges of a licensed geologist or specialty geologist while the certificate remains unrevoked or unexpired.
Each license holder shall obtain a seal of the design
authorized by the director, bearing the licensee's name, certificate number, and the legend "licensed geologist" together
with any specialty in which the individual may be authorized.
Geological reports, plans, and other technical documents prepared by or under the responsible charge of the license holder
shall be signed, dated, and stamped with the seal or facsimile
thereof. Each signature and stamping constitutes a certification by the license holder that the document was prepared by
or under his or her responsible charge and that to his or her
knowledge and belief the document was prepared in accordance with the requirements of this chapter. [2000 c 253 §
10.]
18.220.100
18.220.100 Licensure or certification without examination—Requirements. The director may, upon application
and payment of a fee determined by the director as provided
in RCW 43.24.086, issue a license and certificate without further examination as a geologist or specialty geologist to any
person who holds a license or certificate of qualification
issued by proper authority of any state, territory, or possession of the United States, District of Columbia, or any foreign
country, if the applicant's qualifications, as evaluated by the
board, meet the requirements of this chapter and the rules
adopted by the director. [2000 c 253 § 11.]
18.220.110
18.220.110 License renewal—Fee—Reinstatement.
Licenses issued in conformance with this chapter shall be
renewed periodically on a date to be set by the director in
(2004 Ed.)
Geologists
conformance with RCW 43.24.140. A license holder who
fails to pay the prescribed fee within ninety days following
the date of expiration shall pay a renewal fee equal to the current fee plus an amount equal to one year's renewal fee. Any
license that has been expired for five years or more may be
reinstated in conformance with rules adopted by the director.
Reinstatement conditions may include demonstration of continued practice or competency in the practice of geology or an
approved specialty of geology. [2000 c 253 § 12.]
18.220.120
18.220.120 Geologists' account. (1) All fees and fines
collected under the provisions of this chapter shall be paid
into the geologists' account, created in subsection (2) of this
section.
(2) The geologists' account is created in the custody of
the state treasurer. All receipts from fines and fees collected
under this chapter must be deposited into the account. Expenditures from the account may be used only to carry out the
duties required for the operation and enforcement of this
chapter. Only the director of licensing or the director's designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures. [2000 c 253 § 13.]
18.220.130
18.220.130 Unprofessional conduct. In addition to the
unprofessional conduct described in RCW 18.235.130, the
following conduct, acts, and conditions constitute unprofessional conduct:
(1) Violating any of the provisions of this chapter or the
rules adopted under this chapter;
(2) Not meeting the qualifications for licensing set forth
by this chapter;
(3) Failure to comply with an assurance of discontinuance entered into with the director; or
(4) Committing any other act, or failing to act, which act
or failure are customarily regarded as being contrary to the
accepted professional conduct or standard generally expected
of those practicing geology. [2002 c 86 § 263; 2000 c 253 §
14.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.220.140
18.220.140 Unprofessional conduct—Hearing before
director—Orders. The procedures governing adjudicative
proceedings before agencies under chapter 34.05 RCW govern all hearings before the director or his or her designee.
Upon a finding that a license holder or applicant has committed unprofessional conduct, the director may issue an order
providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Restriction or limitation of the practice;
(4) Issuance of a civil fine not to exceed five thousand
dollars for each violation;
(5) Requiring satisfactory completion of a specific program of remedial education or treatment;
(2004 Ed.)
18.220.170
(6) Monitoring of the practice by a peer approved by the
director;
(7) Reprimand or censure;
(8) Compliance with conditions of probation for a designated period of time;
(9) Withholding of a license request;
(10) Refund of fees billed to and collected from the consumer; or
(11) Other corrective action.
Any of the actions under this section may be totally or
partly stayed by the director. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant. [2000 c 253 § 15.]
18.220.150
18.220.150 Unprofessional conduct—Written complaint—Investigation. A person, including but not limited
to consumers, licensees, corporations, organizations, and
state and local governments or agencies, may submit a written complaint to the department charging a license holder or
applicant with unprofessional conduct and specifying the
grounds for the charge. If the director determines that the
complaint merits investigation, or if the director has reason to
believe, without a formal complaint, that a license holder or
applicant may have engaged in unprofessional conduct, the
director may investigate to determine if there has been unprofessional conduct. A person who files a complaint under this
section in good faith is immune from suit in any civil action
related to the filing or contents of the complaint. [2002 c 86
§ 264; 2000 c 253 § 16.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.220.160
18.220.160 Suspension of license/practice permit—
Noncompliance with a child support order. The board
shall immediately suspend the license or practice permit of a
person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a child support order. If the
person has continued to meet all other requirements for a
license under this chapter during the suspension, reissuance
of the license shall be automatic upon the board's receipt of a
release issued by the department of social and health services
stating that the licensee is in compliance with the child support order. The procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment
of noncompliance with a child support order, and suspension
of a license under this subsection, and satisfies the requirements of RCW 34.05.422. [2000 c 253 § 17.]
18.220.170
18.220.170 Prohibited acts—Class 1 civil infractions.
The following acts are prohibited and any person committing
any of the following acts is guilty of a class 1 civil infraction
under chapter 7.80 RCW:
(1) The practice or offer to practice geology or geological specialty without being licensed in accordance with the
provisions of this chapter;
(2) Presenting or attempting to use as his or her own the
certificate of licensing or seal of another;
[Title 18 RCW—page 345]
18.220.180
Title 18 RCW: Businesses and Professions
(3) Giving any false or forged evidence of any kind to the
director or his or her authorized representative in obtaining a
license;
(4) Falsely impersonating any other licensee; or
(5) Attempting to use the expired or revoked certificate
of licensing.
All fees, fines, and penalties collected or assessed by a
court because of a violation of this section shall be remitted to
the department to be deposited into the geologists' account
created in RCW 18.220.120. [2000 c 253 § 18.]
18.220.180
18.220.180 Violation of chapter—Injunction to
restrain—Director's authority. The director is authorized
to apply for relief by injunction without bond, to restrain a
person from the commission of any act that is prohibited
under this chapter. In such proceedings, it is not necessary to
allege or prove either that an adequate remedy at law does not
exist, or that substantial or irreparable damage would result
from continued violation. The director, individuals acting on
the director's behalf and members of the board are immune
from suit in any action, civil or criminal, based on disciplinary proceedings or other official acts performed in the course
of their duties in the administration and enforcement of this
chapter. [2000 c 253 § 19.]
18.220.190
18.220.190 Permitted activities—Certificate of
licensing not required. The following activities do not
require a certificate of licensing under this chapter:
(1) Geological work performed by an employee or a subordinate of a geologist or specialty geologist licensed under
this chapter, provided that the work does not include responsible charge of geological work as covered by this section,
and is performed under the direct supervision of a geologist
licensed under this chapter, who shall be and remains responsible for such work;
(2) Geological work performed by officers and employees of the United States practicing solely as such officers and
employees;
(3) Geological work performed exclusively in the exploration for energy and mineral resources, insofar as such work
has no substantial impact upon the public health, safety, and
welfare as determined by regulations issued by the director;
(4) Geological research conducted through academic
institutions, agencies of the federal or state governments,
nonprofit research institutions, or for-profit organizations,
including submission of reports of research to public agencies;
(5) Teaching geology or related physical or natural sciences;
(6) The practice of engineering or other licensed professions: (a) The acquisition of engineering data involving soil,
rock, ground water, and other earth materials; evaluation of
the physical and chemical properties of soil, rock, ground
water, and other earth materials; and the utilization of these
data in analysis, design, and construction by professional
engineers appropriately registered or licensed in this state;
and (b) similar work performed by persons or organizations
licensed or registered in any other profession or occupation
related to geology, provided that such work is permitted
under the applicable licensing or registration law, and is inci[Title 18 RCW—page 346]
dental to the practice or the profession or occupation for
which licensing or registration is required. Nothing in this
section shall be construed to permit the use of the title geologist or engineering geologist, or any other specialty as
defined by the director, by an engineer or other licensed professional except as licensed under this chapter;
(7) General scientific work customarily performed by
such physical or natural scientists as chemists, archaeologists, geographers, hydrologists, oceanographers, pedologists, and soil scientists, providing such work does not
include the design and execution of geological investigations,
being in responsible charge of geological or specialty geological work, or the drawing of geological conclusions and recommendations in a way that affects the public health, safety,
or welfare; or
(8) The giving of testimony, or preparation and presentation of exhibits or documents for the sole purpose of being
placed in evidence before any administrative or judicial tribunal or hearing, providing such testimony, exhibits, or documents do not imply that the person is registered under the
provisions of this chapter. [2000 c 253 § 20.]
18.220.200
18.220.200 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 265.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.220.210
18.220.210 Public bodies—Use of either soil scientist
or licensed geologist permitted. (Expires July 1, 2005.) (1)
This chapter permits the state, any state agency or any political subdivision of the state, or a county, city, or other public
body to use the services of either a soil scientist engaging in
the practice of soil science, as defined in subsection (2) of this
section, or a licensed geologist or licensed specialty geologist
engaging in the practice of geology, as defined in RCW
18.220.010, to perform work that is within the scope of practice of both professions.
(2) For the purpose of this section, "practice of soil science" means the performance of or offer to perform soil science work including, but not limited to, the investigation,
evaluation, planning, management, classification, and mapping of soil and the interpretation of soil behavior, including
surface erosion, and the inspection and responsible charge of
such work.
(3) This section expires July 1, 2005. [2003 c 292 § 2.]
Effective date—2003 c 292: See note following RCW 18.220.060.
18.220.900
18.220.900 Severability—2000 c 253. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2000 c 253 § 21.]
18.220.901
18.220.901 Effective date—2000 c 253. (1) Sections 1,
3, 7, 9, 10, 11, 12, 14, 15, 16, 17, 20, and 21 of this act take
effect July 1, 2001.
(2004 Ed.)
Mental Health Counselors, Marriage and Family Therapists, Social Workers
(2) Sections 2, 18, and 19 of this act take effect July 1,
2002.
(3) Sections 4, 5, 6, 8, and 13 of this act take effect April
1, 2001. [2001 c 61 § 1; 2000 c 253 § 23.]
Effective date—2001 c 61: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 18, 2001]." [2001 c 61 § 2.]
Chapter 18.225 RCW
MENTAL HEALTH COUNSELORS, MARRIAGE
AND FAMILY THERAPISTS, SOCIAL WORKERS
Chapter 18.225
Sections
18.225.010
18.225.020
18.225.030
18.225.040
18.225.050
18.225.060
18.225.070
18.225.080
18.225.090
18.225.100
18.225.105
18.225.110
18.225.120
18.225.130
18.225.140
18.225.150
18.225.160
18.225.900
18.225.010
Definitions.
Misrepresentation—Licensed by department.
Limitation of chapter.
Secretary's authority.
Record of proceedings.
Washington state mental health counselors, marriage and family therapists, and social workers advisory committee—
Established—Composition.
Department of health—Advice/assistance of advisory committee.
Uniform disciplinary act.
Issuance of license—Requirements.
Disclosure information.
Disclosure of information—Exceptions.
Examinations.
Application for licensing—Fee.
Prior certification under chapter 18.19 RCW.
Credentialed in another state—Licensed without examination.
Renewal of license, rules—Failure to renew.
Limitation of chapter.
Severability—2001 c 251.
18.225.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Advanced social work" means the application of
social work theory and methods including emotional and
biopsychosocial assessment, psychotherapy under the supervision of a licensed independent clinical social worker, case
management, consultation, advocacy, counseling, and community organization.
(2) "Applicant" means a person who completes the
required application, pays the required fee, is at least eighteen
years of age, and meets any background check requirements
and uniform disciplinary act requirements.
(3) "Committee" means the Washington state mental
health counselors, marriage and family therapists, and social
workers advisory committee.
(4) "Department" means the department of health.
(5) "Disciplining authority" means the department.
(6) "Independent clinical social work" means the diagnosis and treatment of emotional and mental disorders based on
knowledge of human development, the causation and treatment of psychopathology, psychotherapeutic treatment practices, and social work practice as defined in advanced social
work. Treatment modalities include but are not limited to
diagnosis and treatment of individuals, couples, families,
groups, or organizations.
(7) "Marriage and family therapy" means the diagnosis
and treatment of mental and emotional disorders, whether
cognitive, affective, or behavioral, within the context of relationships, including marriage and family systems. Marriage
(2004 Ed.)
18.225.040
and family therapy involves the professional application of
psychotherapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and
families for the purpose of treating such diagnosed nervous
and mental disorders. The practice of marriage and family
therapy means the rendering of professional marriage and
family therapy services to individuals, couples, and families,
singly or in groups, whether such services are offered directly
to the general public or through organizations, either public
or private, for a fee, monetary or otherwise.
(8) "Mental health counseling" means the application of
principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and
dysfunctional behavior to individuals, couples, families,
groups, and organizations, for the purpose of treatment of
mental disorders and promoting optimal mental health and
functionality. Mental health counseling also includes, but is
not limited to, the assessment, diagnosis, and treatment of
mental and emotional disorders, as well as the application of
a wellness model of mental health.
(9) "Secretary" means the secretary of health or the secretary's designee. [2001 c 251 § 1.]
18.225.020
18.225.020 Misrepresentation—Licensed by department. A person must not represent himself or herself as a
licensed advanced social worker, licensed independent clinical social worker, licensed mental health counselor, or
licensed marriage and family therapist, without being
licensed by the department. [2001 c 251 § 2.]
18.225.030
18.225.030 Limitation of chapter. Nothing in this
chapter shall be construed to prohibit or restrict:
(1) The practice of marriage and family therapy, mental
health counseling, or social work by an individual otherwise
regulated under this title and performing services within the
authorized scope of practice;
(2) The practice of marriage and family therapy, mental
health counseling, or social work by an individual employed
by the government of the United States or state of Washington while engaged in the performance of duties prescribed by
the laws of the United States or state of Washington;
(3) The practice of marriage and family therapy, mental
health counseling, or social work by a person who is a regular
student in an educational program based on recognized
national standards and approved by the secretary, and whose
performance of services is pursuant to a regular course of
instruction or assignments from an instructor and under the
general supervision of the instructor;
(4) The practice of marriage and family therapy, mental
health counseling, or social work under the auspices of a religious denomination, church, or religious organization. [2001
c 251 § 3.]
18.225.040
18.225.040 Secretary's authority. In addition to any
other authority provided by law, the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter. Any rules adopted shall be in consultation with the committee;
[Title 18 RCW—page 347]
18.225.050
Title 18 RCW: Businesses and Professions
(2) Establish all licensing, examination, and renewal fees
in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Issue licenses to applicants who have met the education, training, and examination requirements for licensure
and to deny a license to applicants who do not meet the
requirements;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any
practical examinations;
(6) Administer and supervise the grading and taking of
examinations for applicants for licensure;
(7) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue
licenses to individuals credentialed in those states without
examinations;
(8) Implement and administer a program for consumer
education in consultation with the committee;
(9) Adopt rules implementing a continuing education
program in consultation with the committee;
(10) Maintain the official record of all applicants and licensees; and
(11) Establish by rule the procedures for an appeal of an
examination failure. [2001 c 251 § 4.]
18.225.050
18.225.050 Record of proceedings. The secretary shall
keep an official record of all proceedings. A part of the record
shall consist of a register of all applicants for licensing under
this chapter and the results of each application. [2001 c 251
§ 5.]
18.225.060
18.225.060 Washington state mental health counselors, marriage and family therapists, and social workers
advisory committee—Established—Composition. The
Washington state mental health counselors, marriage and
family therapists, and social workers advisory committee is
established.
(1) The committee shall be comprised of nine members.
Two members shall be licensed mental health counselors.
Two members shall be licensed marriage and family therapists. One member shall be a licensed independent clinical
social worker, and one member shall be a licensed advanced
social worker. Three members must be consumers and represent the public at large and may not be licensed mental health
care providers.
(2) Three members shall be appointed for a term of one
year, three members shall be appointed for a term of two
years, and three members shall be appointed for a term of
three years. Subsequent members shall be appointed for
terms of three years. A person must not serve as a member for
more than two consecutive terms.
(3)(a) Each member must be a resident of the state of
Washington.
(b) Each member must not hold an office in a professional association for mental health, social work, or marriage
and family therapy and must not be employed by the state of
Washington.
[Title 18 RCW—page 348]
(c) Each professional member must have been actively
engaged as a mental health counselor, marriage and family
therapist, or social worker for five years immediately preceding appointment.
(d) The consumer members must represent the general
public and be unaffiliated directly or indirectly with the professions licensed under this chapter.
(4) The secretary shall appoint the committee members.
(5) Committee members are immune from suit in an
action, civil or criminal, based on the department's disciplinary proceedings or other official acts performed in good faith.
(6) Committee members shall be compensated in accordance with RCW 43.03.240, including travel expenses in carrying out his or her authorized duties in accordance with
RCW 43.03.050 and 43.03.060.
(7) The committee shall elect a chair and vice-chair.
[2001 c 251 § 6.]
18.225.070
18.225.070 Department of health—Advice/assistance
of advisory committee. The department of health may seek
the advice and assistance of the advisory committee in
administering this chapter, including, but not limited to:
(1) Advice and recommendations regarding the establishment or implementation of rules related to the administration of this chapter;
(2) Advice, recommendations, and consultation regarding case disposition guidelines and priorities related to unprofessional conduct cases regarding licensed mental health
counselors, licensed clinical social workers, licensed
advanced social workers, and licensed marriage and family
therapists;
(3) Assistance and consultation of individual committee
members as needed in the review, analysis, and disposition of
reports of unprofessional conduct and consumer complaints;
(4) Assistance and recommendations to enhance consumer education; and
(5) Assistance and recommendations regarding any continuing education and continuing competency programs
administered under the provisions of the [this] chapter. [2001
c 251 § 7.]
18.225.080
18.225.080 Uniform disciplinary act. The uniform
disciplinary act, chapter 18.130 RCW, governs unlicensed
practice, the issuance and denial of licensure, and the discipline of persons licensed under this chapter. The secretary
shall be the disciplinary authority under this chapter. [2001 c
251 § 8.]
18.225.090
18.225.090 Issuance of license—Requirements. (1)
The secretary shall issue a license to any applicant who demonstrates to the satisfaction of the secretary that the applicant
meets the following education and experience requirements
for the applicant's practice area.
(a) Licensed social work classifications:
(i) Licensed advanced social worker:
(A) Graduation from a master's or doctorate social work
educational program accredited by the council on social work
education and approved by the secretary based upon nationally recognized standards;
(B) Successful completion of an approved examination;
(2004 Ed.)
Mental Health Counselors, Marriage and Family Therapists, Social Workers
(C) Successful completion of a supervised experience
requirement. The experience requirement consists of a minimum of three thousand two hundred hours with ninety hours
of supervision by a licensed independent clinical social
worker or a licensed advanced social worker who has been
licensed or certified for at least two years. Of those hours,
fifty hours must include direct supervision by a licensed
advanced social worker or licensed independent clinical
social worker; the other forty hours may be with an equally
qualified licensed mental health practitioner. Forty hours
must be in one-to-one supervision and fifty hours may be in
one-to-one supervision or group supervision. Distance
supervision is limited to forty supervision hours. Eight hundred hours must be in direct client contact; and
(D) Successful completion of continuing education
requirements of thirty-six hours, with six in professional ethics.
(ii) Licensed independent clinical social worker:
(A) Graduation from a master's or doctorate level social
work educational program accredited by the council on social
work education and approved by the secretary based upon
nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience
requirement. The experience requirement consists of a minimum of four thousand hours of experience, of which one
thousand hours must be direct client contact, over a threeyear period supervised by a licensed independent clinical
social worker who has been licensed or certified for at least
five years and who has had at least one year of experience in
supervising the clinical social work practice of others, with
supervision of at least one hundred thirty hours by a licensed
mental health practitioner. Of the total supervision, seventy
hours must be with an independent clinical social worker
meeting the qualifications under this subsection (1)(a)(ii)(C);
the other sixty hours may be with an equally qualified
licensed mental health practitioner. Sixty hours must be in
one-to-one supervision and seventy hours may be in one-toone supervision or group supervision. Distance supervision
is limited to sixty supervision hours; and
(D) Successful completion of continuing education
requirements of thirty-six hours, with six in professional ethics.
(b) Licensed mental health counselor:
(i) Graduation from a master's or doctoral level educational program in mental health counseling or a related discipline from a college or university approved by the secretary
based upon nationally recognized standards;
(ii) Successful completion of an approved examination;
(iii) Successful completion of a supervised experience
requirement. The experience requirement consists of a minimum of thirty-six months full-time counseling or three thousand hours of postgraduate mental health counseling under
the supervision of a qualified licensed mental health counselor in an approved setting. The three thousand hours of
required experience includes a minimum of one hundred
hours spent in immediate supervision with the qualified
licensed mental health counselor, and includes a minimum of
one thousand two hundred hours of direct counseling with
individuals, couples, families, or groups; and
(2004 Ed.)
18.225.105
(iv) Successful completion of continuing education
requirements of thirty-six hours, with six in professional ethics.
(c) Licensed marriage and family therapist:
(i) Graduation from a master's degree or doctoral degree
educational program in marriage and family therapy or graduation from an educational program in an allied field equivalent to a master's degree or doctoral degree in marriage and
family therapy approved by the secretary based upon nationally recognized standards;
(ii) Successful passage of an approved examination;
(iii) Successful completion of a supervised experience
requirement. The experience requirement consists of a minimum of two calendar years of full-time marriage and family
therapy. Of the total supervision, one hundred hours must be
with a licensed marriage and family therapist with at least
five years' clinical experience; the other one hundred hours
may be with an equally qualified licensed mental health practitioner. Total experience requirements include:
(A) A minimum of three thousand hours of experience,
one thousand hours of which must be direct client contact; at
least five hundred hours must be gained in diagnosing and
treating couples and families; plus
(B) At least two hundred hours of qualified supervision
with a supervisor. At least one hundred of the two hundred
hours must be one-on-one supervision, and the remaining
hours may be in one-on-one or group supervision.
Applicants who have completed a master's program
accredited by the commission on accreditation for marriage
and family therapy education of the American association for
marriage and family therapy may be credited with five hundred hours of direct client contact and one hundred hours of
formal meetings with an approved supervisor; and
(iv) Successful completion of continuing education
requirements of thirty-six hours, with six in professional ethics.
(2) The department shall establish by rule what constitutes adequate proof of meeting the criteria.
(3) In addition, applicants shall be subject to the grounds
for denial of a license or issuance of a conditional license
under chapter 18.130 RCW. [2003 c 108 § 1; 2001 c 251 §
9.]
18.225.100
18.225.100 Disclosure information. A person licensed
under this chapter must provide clients at the commencement
of any program of treatment with accurate disclosure information concerning the practice, in accordance with rules
adopted by the department, including the right of clients to
refuse treatment, the responsibility of clients to choose the
provider and treatment modality which best suits their needs,
and the extent of confidentiality provided by this chapter. The
disclosure information must also include the license holder's
professional education and training, the therapeutic orientation of the practice, the proposed course of treatment where
known, financial requirements, and such other information as
required by rule. The disclosure must be acknowledged in
writing by the client and license holder. [2001 c 251 § 10.]
18.225.105
18.225.105 Disclosure of information—Exceptions.
A person licensed under this chapter shall not disclose the
[Title 18 RCW—page 349]
18.225.110
Title 18 RCW: Businesses and Professions
written acknowledgment of the disclosure statement pursuant
to RCW 18.225.100, nor any information acquired from persons consulting the individual in a professional capacity
when the information was necessary to enable the individual
to render professional services to those persons except:
(1) With the written authorization of that person or, in
the case of death or disability, the person's personal representative;
(2) If the person waives the privilege by bringing charges
against the person licensed under this chapter;
(3) In response to a subpoena from the secretary. The
secretary may subpoena only records related to a complaint
or report under RCW 18.130.050;
(4) As required under chapter 26.44 or 74.34 RCW or
RCW 71.05.250; or
(5) To any individual if the person licensed under this
chapter reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the individual or any other individual; however, there is no obligation on the part of the provider to so disclose. [2003 c 204 §
1.]
Licensees under chapter 18.225 RCW—Subject to chapter 70.02 RCW:
RCW 70.02.180.
ments under chapter 18.19 RCW prior to July 22, 2001, is eligible for a license as an advanced social worker, an independent clinical social worker, a marriage and family therapist,
or a mental health counselor under this chapter without taking the examination. [2001 c 251 § 13.]
18.225.140 Credentialed in another state—Licensed
without examination. An applicant holding a credential in
another state may be licensed to practice in this state without
examination if the secretary determines that the other state's
credentialing standards are substantially equivalent to the
licensing standards in this state. [2001 c 251 § 14.]
18.225.140
18.225.150
18.225.150 Renewal of license, rules—Failure to
renew. The secretary shall establish by rule the procedural
requirements and fees for renewal of a license. Failure to
renew shall invalidate the license and all privileges granted
by the license. If a license has lapsed for a period longer than
three years, the person shall demonstrate competence to the
satisfaction of the secretary by taking continuing education
courses, or meeting other standards determined by the secretary. [2001 c 251 § 15.]
18.225.160
18.225.110
18.225.110 Examinations. (1) The date and location of
examinations shall be established by the secretary. Applicants who have been found by the secretary to meet the other
requirements for licensure shall be scheduled for the next
examination following the filing of the application. The secretary shall establish by rule the examination application
deadline.
(2) The secretary or the secretary's designees shall examine each applicant, by means determined most effective, on
subjects appropriate to the scope of practice, as applicable.
Such examinations shall be limited to the purpose of determining whether the applicant possesses the minimum skill
and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers,
and the grading of any practical work shall be preserved for a
period of not less than one year after the secretary has made
and published the decisions. All examinations shall be conducted under fair and wholly impartial methods.
(4) The secretary may approve an examination prepared
or administered by a private testing agency or association of
licensing agencies for use by an applicant in meeting the
licensing requirements. [2001 c 251 § 11.]
18.225.120
18.225.120 Application for licensing—Fee. Applications for licensing shall be submitted on forms provided by
the secretary. The secretary may require any information and
documentation which reasonably relates to the need to determine whether the applicant meets the criteria for licensing
provided for in this chapter and chapter 18.130 RCW. Each
applicant shall pay a fee determined by the secretary under
RCW 43.70.250. The fee shall accompany the application.
[2001 c 251 § 12.]
18.225.130
18.225.130 Prior certification under chapter 18.19
RCW. Any person certified under chapter 18.19 RCW who
has met the applicable experience and education require[Title 18 RCW—page 350]
18.225.160 Limitation of chapter. This chapter shall
not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of
medicine and surgery as defined in chapter 18.71 or 18.57
RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the scope
of the practice of counseling for those registered under chapter 18.19 RCW, or restricting the scope of practice of persons
licensed under this chapter. [2001 c 251 § 16.]
18.225.900
18.225.900 Severability—2001 c 251. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 251 § 35.]
Chapter 18.230
Chapter 18.230 RCW
RECREATION THERAPY
Sections
18.230.005
18.230.010
18.230.020
18.230.030
18.230.040
18.230.050
18.230.060
18.230.070
18.230.080
18.230.090
18.230.900
18.230.901
Finding.
Definitions.
Use of title—Registration required.
Limitation of chapter.
Secretary's authority.
Official record.
Registration—Grounds for denial.
Registration—Required information—Fee.
Renewal of registration.
Uniform disciplinary act—Application to chapter.
Severability—2002 c 216.
Effective date—2002 c 216.
18.230.005
18.230.005 Finding. The overriding mission of therapeutic recreation is the provision of purposeful intervention
designed to help clients grow and to assist them to prevent or
relieve problems through recreation and leisure. It is a systematic methodology through a progression of phases,
including assessment, planning, implementation, and evaluation. It is not a limited or restricted concept of service carried
(2004 Ed.)
Recreation Therapy
out only within the constraints of institutional care, but is a
client-centered model that reflects a concern for the total
well-being of the client. Recreation therapy is cost-effective
and can decrease the costs of health care services by reducing
primary and secondary disabilities. In anticipation of the
expansion in long-term care, physical and psychiatric rehabilitation, and services for people with disabilities, the legislature finds and declares that the registration of recreational
therapists is in the interest of the public health and safety.
[2002 c 216 § 1.]
18.230.010
18.230.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of health.
(2) "Recreation therapy" means the use of recreational,
and/or community activities to include leisure counseling and
community integration as treatment intervention to improve
functional leisure and community competence of persons
with a physical, cognitive, emotional, behavioral, or social
disability. The primary purpose of recreation therapy is the
use of leisure and community integration activities to restore,
remediate, or rehabilitate persons in order to improve functioning and independence, as well as reduce or eliminate the
effects of illness or disability.
(3) "Recreational therapist" means a person registered
under this chapter.
(4) "Registration" means the registration issued to a person under this chapter.
(5) "Secretary" means the secretary of health or the secretary's designee. [2002 c 216 § 2.]
18.230.900
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register any applicants who have met the requirements for registration and to deny registration to applicants
who do not meet the requirements of this chapter, except that
proceedings concerning the denial of registration based upon
unprofessional conduct or impairment is governed by the uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter; and
(6) Maintain the official department record of all applicants and persons registered under this chapter. [2002 c 216
§ 5.]
18.230.050
18.230.050 Official record. The secretary must keep an
official record of all proceedings. A part of the record shall
consist of a register of all applicants for registration under
this chapter and the results of each application. [2002 c 216
§ 6.]
18.230.060
18.230.060 Registration—Grounds for denial. (1)
Applicants for registration under this chapter are subject to
the grounds for denial of a registration under chapter 18.130
RCW.
(2) The secretary must issue a registration to an applicant
who completes an application form that identifies the name
and address of the applicant, the registration requested, and
information required by the secretary necessary to establish
whether there are grounds for denial of a registration. [2002
c 216 § 7.]
18.230.070
18.230.020
18.230.020 Use of title—Registration required. No
person may practice or represent oneself as a registered recreational therapist by use of any title without being registered
to practice by the department of health, unless otherwise
exempted by this chapter. [2002 c 216 § 3.]
18.230.030
18.230.030 Limitation of chapter. Nothing in this
chapter may be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing services within the authorized scope of practice;
(2) The practice by an individual employed by the government of the United States while engaged in the performance of duties prescribed by the laws of the United States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and whose
performance of services is pursuant to a regular course of
instruction or assignments from an instructor and under the
general supervision of the instructor. [2002 c 216 § 4.]
18.230.040
18.230.040 Secretary's authority. In addition to any
other authority provided by law, the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter;
(2) Establish all registration and renewal fees in accordance with RCW 43.70.250;
(2004 Ed.)
18.230.070 Registration—Required information—
Fee. Applications for registration must be submitted on
forms provided by the secretary. The secretary may require
any information and documentation that reasonably relates to
the need to determine whether the applicant meets the criteria
for registration provided for in this chapter and chapter
18.130 RCW. Each applicant must pay a fee determined by
the secretary under RCW 43.70.250. The fee must accompany the application. [2002 c 216 § 8.]
18.230.080
18.230.080 Renewal of registration. The secretary
must establish by rule the procedural requirements and fees
for renewal of a registration. Failure to renew invalidates the
registration and all privileges granted by the registration.
[2002 c 216 § 9.]
18.230.090
18.230.090 Uniform disciplinary act—Application to
chapter. The uniform disciplinary act, chapter 18.130 RCW,
governs the issuance and denial of a registration, unauthorized practice, and the discipline of persons registered under
this chapter. The secretary is the disciplining authority under
this chapter. [2002 c 216 § 10.]
18.230.900
18.230.900 Severability—2002 c 216. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 216 § 12.]
[Title 18 RCW—page 351]
18.230.901
Title 18 RCW: Businesses and Professions
18.230.901
18.230.901 Effective date—2002 c 216. This act takes
effect July 1, 2003. [2002 c 216 § 14.]
Chapter 18.235 RCW
UNIFORM REGULATION OF BUSINESS AND
PROFESSIONS ACT
Chapter 18.235
Sections
18.235.005
18.235.010
18.235.020
18.235.030
18.235.040
18.235.050
18.235.060
18.235.070
18.235.080
18.235.090
18.235.100
18.235.110
18.235.120
18.235.130
18.235.140
18.235.150
18.235.160
18.235.170
18.235.180
18.235.190
18.235.200
18.235.210
18.235.900
18.235.901
18.235.902
18.235.903
Intent.
Definitions.
Application of chapter—Director's authority—Disciplinary
authority.
Disciplinary authority—Powers.
Director's authority.
Statement of charges—Hearing.
Procedures governing adjudicative proceedings.
Previous denial, revocation, or suspension of license.
Orders.
Appeal.
Reinstatement.
Unprofessional conduct—Finding.
Payment of a fine.
Unprofessional conduct—Acts or conditions that constitute.
Final order issued under RCW 18.235.130—Failure to comply.
Investigation of complaint—Cease and desist order/notice of
intent to issue—Final determination—Fine—Temporary
cease and desist order—Action/who may maintain—Remedies not limited.
Violation of injunction—Contempt of court—Civil penalty.
Misrepresentation—Gross misdemeanor.
Crime or violation by license holder—Disciplinary authority
may give notification.
Immunity from suit.
Use of records—Exchange of information—Chapter does not
affect or limit.
Application of chapter—January 1, 2003.
Short title.
Effective date—2002 c 86 §§ 101-123.
Part headings not law—2002 c 86.
Severability—2002 c 86.
18.235.005
18.235.005 Intent. It is the intent of the legislature to
consolidate disciplinary procedures for the licensed businesses and professions under the business and professions
division of the department of licensing by providing a uniform disciplinary act for businesses and professions with
standardized procedures for the regulation of businesses and
professions and the enforcement of laws, the purpose of
which is to assure the public of the adequacy of business and
professional competence and conduct.
It is also the intent of the legislature that all businesses
and professions newly credentialed by the state and regulated
by the business and professions division of the department of
licensing come under this chapter. [2002 c 86 § 101.]
18.235.010
18.235.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means those boards specified in RCW
18.235.020(2)(b).
(2) "Department" means the department of licensing.
(3) "Director" means the director of the department or
director's designee.
(4) "Disciplinary action" means sanctions identified in
RCW 18.235.110.
(5) "Disciplinary authority" means the director, board, or
commission having the authority to take disciplinary action
against a holder of, or applicant for, a professional or busi[Title 18 RCW—page 352]
ness license upon a finding of a violation of this chapter or a
chapter specified under RCW 18.235.020.
(6) "License," "licensing," and "licensure" are deemed
equivalent to the terms "license," "licensing," "licensure,"
"certificate," "certification," and "registration" as those terms
are defined in RCW 18.118.020. Each of these terms, and the
term "appointment" under chapter 42.44 RCW, are interchangeable under the provisions of this chapter.
(7) "Unlicensed practice" means:
(a) Practicing a profession or operating a business identified in RCW 18.235.020 without holding a valid, unexpired,
unrevoked, and unsuspended license to do so; or
(b) Representing to a consumer, through offerings,
advertisements, or use of a professional title or designation,
that the individual or business is qualified to practice a profession or operate a business identified in RCW 18.235.020
without holding a valid, unexpired, unrevoked, and unsuspended license to do so. [2002 c 86 § 102.]
18.235.020
18.235.020 Application of chapter—Director's
authority—Disciplinary authority. (1) This chapter
applies only to the director and the boards and commissions
having jurisdiction in relation to the businesses and professions licensed under the chapters specified in this section.
This chapter does not apply to any business or profession not
licensed under the chapters specified in this section.
(2)(a) The director has authority under this chapter in
relation to the following businesses and professions:
(i) Auctioneers under chapter 18.11 RCW;
(ii) Bail bond agents under chapter 18.185 RCW;
(iii) Camping resorts' operators and salespersons under
chapter 19.105 RCW;
(iv) Commercial telephone solicitors under chapter
19.158 RCW;
(v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;
(vi) Court reporters under chapter 18.145 RCW;
(vii) Employment agencies under chapter 19.31 RCW;
(viii) For hire vehicle operators under chapter 46.72
RCW;
(ix) Limousines under chapter 46.72A RCW;
(x) Notaries public under chapter 42.44 RCW;
(xi) Private investigators under chapter 18.165 RCW;
(xii) Professional boxing, martial arts, and wrestling
under chapter 67.08 RCW;
(xiii) Real estate appraisers under chapter 18.140 RCW;
(xiv) Real estate brokers and salespersons under chapters
18.85 and 18.86 RCW;
(xv) Security guards under chapter 18.170 RCW;
(xvi) Sellers of travel under chapter 19.138 RCW;
(xvii) Timeshares and timeshare salespersons under
chapter 64.36 RCW; and
(xviii) Whitewater river outfitters under chapter 79A.60
RCW.
(b) The boards and commissions having authority under
this chapter are as follows:
(i) The state board of registration for architects established in chapter 18.08 RCW;
(ii) The cemetery board established in chapter 68.05
RCW;
(2004 Ed.)
Uniform Regulation of Business and Professions Act
(iii) The Washington state collection agency board
established in chapter 19.16 RCW;
(iv) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW
governing licenses issued under chapters 18.43 and 18.210
RCW;
(v) The state board of funeral directors and embalmers
established in chapter 18.39 RCW;
(vi) The state board of registration for landscape architects established in chapter 18.96 RCW; and
(vii) The state geologist licensing board established in
chapter 18.220 RCW.
(3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses
based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section.
This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license
conditioned on the applicant's compliance with an order
entered under RCW 18.235.110 by the disciplinary authority.
[2002 c 86 § 103.]
18.235.030 Disciplinary authority—Powers. The disciplinary authority has the power to:
(1) Adopt, amend, and rescind rules as necessary to carry
out the purposes of this chapter, including, but not limited to,
rules regarding standards of professional conduct and practice;
(2) Investigate complaints or reports of unprofessional
conduct and hold hearings as provided in this chapter;
(3) Issue subpoenas and administer oaths in connection
with any investigation, hearing, or proceeding held under this
chapter;
(4) Take or cause depositions to be taken and use other
discovery procedures as needed in an investigation, hearing,
or proceeding held under this chapter;
(5) Compel attendance of witnesses at hearings;
(6) Conduct practice reviews in the course of investigating a complaint or report of unprofessional conduct, unless
the disciplinary authority is authorized to audit or inspect
applicants or licensees under the chapters specified in RCW
18.235.020;
(7) Take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee's
practice or business pending proceedings by the disciplinary
authority;
(8) Appoint a presiding officer or authorize the office of
administrative hearings, as provided in chapter 34.12 RCW,
to conduct hearings. The disciplinary authority may make the
final decision regarding disposition of the license unless the
disciplinary authority elects to delegate, in writing, the final
decision to the presiding officer;
(9) Use individual members of the boards and commissions to direct investigations. However, the member of the
board or commission may not subsequently participate in the
hearing of the case;
(10) Enter into contracts for professional services determined to be necessary for adequate enforcement of this chapter;
(11) Grant or deny license applications, secure the return
of a license obtained through the mistake or inadvertence of
18.235.030
(2004 Ed.)
18.235.050
the department or the disciplinary authority after providing
the person so licensed with an opportunity for an adjudicative
proceeding, and, in the event of a finding of unprofessional
conduct by an applicant or license holder, impose any sanction against a license applicant or license holder provided by
this chapter;
(12) Designate individuals authorized to sign subpoenas
and statements of charges;
(13) Establish panels consisting of three or more members of the board or commission to perform any duty or
authority within the board's or commission's jurisdiction
under this chapter; and
(14) Contract with licensees, registrants, endorsement or
permit holders, or any other persons or organizations to provide services necessary for the monitoring or supervision of
licensees, registrants, or endorsement or permit holders who
are placed on probation, whose professional or business
activities are restricted, or who are for an authorized purpose
subject to monitoring by the disciplinary authority. If the subject licensee, registrant, or endorsement or permit holders
may only practice or operate a business under the supervision
of another licensee, registrant, or endorsement or permit
holder under the terms of the law regulating that occupation
or business, the supervising licensee, registrant, or endorsement or permit holder must consent to the monitoring or
supervision under this subsection, unless the supervising licensee, registrant, or endorsement or permit holder is, at the
time, the subject of a disciplinary order. [2002 c 86 § 104.]
18.235.040
18.235.040 Director's authority. In addition to the
authority specified in RCW 18.235.030, the director has the
following additional authority:
(1) To employ investigative, administrative, and clerical
staff as necessary for the enforcement of this chapter, except
as provided otherwise by statute;
(2) Upon request of a board or commission, to appoint
not more than three pro tem members as provided in this subsection. Individuals appointed as pro tem members of a board
or commission must meet the same minimum qualifications
as regular members of the board or commission. While serving as a pro tem board or commission member, a person so
appointed has all the powers, duties, and immunities, and is
entitled to the entitlements, including travel expenses in
accordance with RCW 43.03.050 and 43.03.060, of a regular
member of the board or commission; and
(3) To establish fees to be paid for witnesses, expert witnesses, and consultants used in any investigation or adjudicative proceedings as authorized by RCW 34.05.446. [2002 c
86 § 105.]
18.235.050
18.235.050 Statement of charges—Hearing. (1) If the
disciplinary authority determines, upon investigation, that
there is reason to believe a violation of RCW 18.235.130 has
occurred, a statement of charge or charges may be prepared
and served upon the license holder or applicant. The statement of charge or charges must be accompanied by a notice
that the license holder or applicant may request a hearing to
contest the charge or charges. The license holder or applicant
must file a request for a hearing with the disciplinary authority within twenty days after being served the statement of
[Title 18 RCW—page 353]
18.235.060
Title 18 RCW: Businesses and Professions
charges. The failure to request a hearing constitutes a default,
whereupon the disciplinary authority may enter a decision on
the facts available to it.
(2) If a hearing is requested, the time of the hearing must
be fixed by the disciplinary authority as soon as convenient,
but the hearing may not be held earlier than thirty days after
service of charges upon the license holder or applicant, unless
the disciplinary authority has issued a summary suspension
or summary restriction, for which a hearing may be held
sooner than thirty days after service of charges. [2002 c 86 §
106.]
18.235.060
18.235.060 Procedures governing adjudicative proceedings. The procedures governing adjudicative proceedings before agencies under chapter 34.05 RCW, the administrative procedure act, govern all hearings before the disciplinary authority. The disciplinary authority has, in addition to
the powers and duties set forth in this chapter, all of the powers and duties under chapter 34.05 RCW, which include,
without limitation, all powers relating to the administration
of oaths, the receipt of evidence, the issuance and enforcing
of subpoenas, and the taking of depositions. [2002 c 86 §
107.]
18.235.070
18.235.070 Previous denial, revocation, or suspension of license. The department shall not issue a license to
any person whose license has been previously denied,
revoked, or suspended by the disciplinary authority for that
profession or business, except in conformity with the terms
and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplinary authority, or in accordance with the final judgment in any proceeding for review
instituted under this chapter. [2002 c 86 § 108.]
18.235.080
18.235.080 Orders. An order pursuant to proceedings
authorized by this chapter, after due notice and findings in
accordance with this chapter and chapter 34.05 RCW, or an
order of summary suspension entered under this chapter,
takes effect immediately upon its being served. The order, if
appealed to the court, may not be stayed pending the appeal
unless the disciplinary authority or court to which the appeal
is taken enters an order staying the order of the disciplinary
authority, which stay shall provide for terms necessary to
protect the public. [2002 c 86 § 109.]
18.235.090
18.235.090 Appeal. An individual who has been disciplined or whose license has been denied by a disciplinary
authority may appeal the decision as provided in chapter
34.05 RCW. [2002 c 86 § 110.]
18.235.100
18.235.100 Reinstatement. A person whose license
has been suspended or revoked under this chapter may petition the disciplinary authority for reinstatement after an interval of time and upon conditions determined by the disciplinary authority in the order. The disciplinary authority shall act
on the petition in accordance with the adjudicative proceedings provided under chapter 34.05 RCW and may impose
such conditions as authorized by RCW 18.235.110. The disciplinary authority may require successful completion of an
[Title 18 RCW—page 354]
examination as [a] condition of reinstatement. [2002 c 86 §
111.]
18.235.110
18.235.110 Unprofessional conduct—Finding. (1)
Upon finding unprofessional conduct, the disciplinary
authority may issue an order providing for one or any combination of the following:
(a) Revocation of the license;
(b) Suspension of the license for a fixed or indefinite
term;
(c) Restriction or limitation of the practice;
(d) Satisfactory completion of a specific program of
remedial education or treatment;
(e) Monitoring of the practice in a manner directed by
the disciplinary authority;
(f) Censure or reprimand;
(g) Compliance with conditions of probation for a designated period of time;
(h) Payment of a fine for each violation found by the disciplinary authority, not to exceed five thousand dollars per
violation. The disciplinary authority must consider aggravating or mitigating circumstances in assessing any fine. Funds
received must be deposited in the related program account;
(i) Denial of an initial or renewal license application; or
(j) Other corrective action.
(2) The disciplinary authority may require reimbursement to the disciplinary authority for the investigative costs
incurred in investigating the matter that resulted in issuance
of an order under this section, but only if any of the sanctions
in subsection (1)(a) through (j) of this section is ordered.
(3) Any of the actions under this section may be totally
or partly stayed by the disciplinary authority. In determining
what action is appropriate, the disciplinary authority must
first consider what sanctions are necessary to protect the public health, safety, or welfare. Only after these provisions have
been made may the disciplinary authority consider and
include in the order requirements designed to rehabilitate the
license holder or applicant. All costs associated with compliance with orders issued under this section are the obligation
of the license holder or applicant.
(4) The licensee or applicant may enter into a stipulated
disposition of charges that includes one or more of the sanctions of this section, but only after a statement of charges has
been issued and the licensee has been afforded the opportunity for a hearing and has elected on the record to forego such
a hearing. The stipulation shall either contain one or more
specific findings of unprofessional conduct or a statement by
the licensee acknowledging that evidence is sufficient to justify one or more specified findings of unprofessional conduct.
The stipulations entered into under this subsection are considered formal disciplinary action for all purposes. [2002 c
86 § 112.]
18.235.120
18.235.120 Payment of a fine. Where payment of a
fine is required as a result of a disciplinary action under RCW
18.235.060 or 18.235.150 and timely payment is not made as
directed in the final order, the disciplinary authority may
enforce the order for payment in the superior court in the
county in which the hearing was held. This right of enforcement is in addition to any other rights the disciplinary author(2004 Ed.)
Uniform Regulation of Business and Professions Act
ity may have as to any licensee ordered to pay a fine but may
not be construed to limit a licensee's ability to seek judicial
review under RCW 18.235.090. In any action for enforcement of an order of payment of a fine, the disciplinary authority's order is conclusive proof of the validity of the order of a
fine and the terms of payment. [2002 c 86 § 113.]
18.235.130
18.235.130 Unprofessional conduct—Acts or conditions that constitute. The following conduct, acts, or conditions constitute unprofessional conduct for any license holder
or applicant under the jurisdiction of this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the
person's profession or operation of the person's business,
whether the act constitutes a crime or not. Upon a conviction,
however, the judgment and sentence is conclusive evidence
at the ensuing disciplinary hearing of the guilt of the license
holder or applicant of the crime described in the indictment or
information, and of the person's violation of the statute on
which it is based. For the purposes of this section, conviction
includes all instances in which a plea of guilty or nolo contendere is the basis for the conviction and all proceedings in
which the sentence has been deferred or suspended. Except as
specifically provided by law, nothing in this section abrogates the provisions of chapter 9.96A RCW. However, RCW
9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130;
(2) Misrepresentation or concealment of a material fact
in obtaining a license or in reinstatement thereof;
(3) Advertising that is false, deceptive, or misleading;
(4) Incompetence, negligence, or malpractice that results
in harm or damage to a consumer or that creates an unreasonable risk that a consumer may be harmed or damaged;
(5) The suspension, revocation, or restriction of a license
to engage in any business or profession by competent authority in any state, federal, or foreign jurisdiction. A certified
copy of the order, stipulation, or agreement is conclusive evidence of the revocation, suspension, or restriction;
(6) Failure to cooperate with the disciplinary authority in
the course of an investigation, audit, or inspection authorized
by law by:
(a) Not furnishing any papers or documents requested by
the disciplinary authority;
(b) Not furnishing in writing an explanation covering the
matter contained in a complaint when requested by the disciplinary authority;
(c) Not responding to a subpoena issued by the disciplinary authority, whether or not the recipient of the subpoena is
the accused in the proceeding; or
(d) Not providing authorized access, during regular business hours, to representatives of the disciplinary authority
conducting an investigation, inspection, or audit at facilities
utilized by the license holder or applicant;
(7) Failure to comply with an order issued by the disciplinary authority;
(8) Violating any lawful rule made by the disciplinary
authority;
(9) Aiding or abetting an unlicensed person to practice or
operate a business or profession when a license is required;
(2004 Ed.)
18.235.150
(10) Practice or operation of a business or profession
beyond the scope of practice or operation as defined by law
or rule;
(11) Misrepresentation in any aspect of the conduct of
the business or profession;
(12) Failure to adequately supervise or oversee auxiliary
staff, whether employees or contractors, to the extent that
consumers may be harmed or damaged;
(13) Conviction of any gross misdemeanor or felony
relating to the practice of the person's profession or operation
of the person's business. For the purposes of this subsection,
conviction includes all instances in which a plea of guilty or
nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended.
Except as specifically provided by law, nothing in this section abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is
required to register as a sex offender under RCW 9A.44.130;
and
(14) Interference with an investigation or disciplinary
action by willful misrepresentation of facts before the disciplinary authority or its authorized representatives, or by the
use of threats or harassment against any consumer or witness
to discourage them from providing evidence in a disciplinary
action or any other legal action, or by the use of financial
inducements to any consumer or witness to prevent or
attempt to prevent him or her from providing evidence in a
disciplinary action. [2002 c 86 § 114.]
18.235.140
1 8 . 2 3 5 . 1 4 0 F i n a l o r d e r i s s u e d u n de r R C W
18.235.130—Failure to comply. If a person or business regulated by this chapter violates or fails to comply with a final
order issued under RCW 18.235.130, the attorney general,
any prosecuting attorney, the director, the board or commission, or any other person may maintain an action in the name
of the state of Washington to enjoin the person from violating
the order or failing to comply with the order. The injunction
does not relieve the offender from criminal prosecution, but
the remedy by injunction is in addition to the liability of the
offender to criminal prosecution and disciplinary action.
[2002 c 86 § 115.]
18.235.150
18.235.150 Investigation of complaint—Cease and
desist order/notice of intent to issue—Final determination—Fine—Temporary cease and desist order—
Action/who may maintain—Remedies not limited. (1)
The disciplinary authority may investigate complaints concerning practice by unlicensed persons of a profession or
business for which a license is required by the chapters specified in RCW 18.235.020. In the investigation of the complaints, the director has the same authority as provided the
disciplinary authority under RCW 18.235.030.
(2) The disciplinary authority may issue a notice of
intent to issue a cease and desist order to any person whom
the disciplinary authority has reason to believe is engaged in
the unlicensed practice of a profession or operation of a business for which a license is required by the chapters specified
in RCW 18.235.020. The person to whom such a notice is
issued may request an adjudicative proceeding to contest the
allegations. The notice shall include a brief, plain statement
[Title 18 RCW—page 355]
18.235.160
Title 18 RCW: Businesses and Professions
of the alleged unlicensed activities. The request for hearing
must be filed within twenty days after service of the notice of
intent to issue a cease and desist order. The failure to request
a hearing constitutes a default, whereupon the director may
enter a permanent cease and desist order, which may include
a civil fine. All proceedings shall be conducted in accordance
with chapter 34.05 RCW.
(3) If the disciplinary authority makes a final determination that a person has engaged or is engaging in unlicensed
practice, the director may issue a permanent cease and desist
order. In addition, the disciplinary authority may impose a
civil fine in an amount not exceeding one thousand dollars for
each day upon which the person engaged in the unlicensed
practice of a profession or operation of a business for which a
license is required by one or more of the chapters specified in
RCW 18.235.020. The proceeds of such a fine shall be deposited in the related program account.
(4) If the disciplinary authority makes a written finding
of fact that the public interest will be irreparably harmed by
delay in issuing an order, the disciplinary authority may issue
a temporary cease and desist order. The person receiving a
temporary cease and desist order shall be provided an opportunity for a prompt hearing. A temporary cease and desist
order shall remain in effect until further order of the disciplinary authority. The failure to request a prompt or regularly
scheduled hearing constitutes a default, whereupon the disciplinary authority may enter a permanent cease and desist
order, which may include a civil fine.
(5) The cease and desist order is conclusive proof of
unlicensed practice and may be enforced under RCW
7.21.060. This method of enforcement of the cease and desist
order or civil fine may be used in addition to, or as an alternative to, any provisions for enforcement of agency orders set
out in chapter 34.05 RCW.
(6) The attorney general, a county prosecuting attorney,
the director, a board or commission, or any person may, in
accordance with the laws of this state governing injunctions,
maintain an action in the name of the state of Washington to
enjoin any person practicing a profession or business without
a license for which a license is required by the chapters specified in RCW 18.235.020. All fees, fines, forfeitures, and
penalties collected or assessed by a court because of a violation of this section shall be deposited in the related program
account.
(7) The civil remedies in this section do not limit the
ability to pursue criminal prosecution as authorized in any of
the acts specified in RCW 18.235.020 nor do the civil remedies limit any criminal sanctions. [2002 c 86 § 116.]
18.235.160
18.235.160 Violation of injunction—Contempt of
court—Civil penalty. A person or business that violates an
injunction issued under this chapter may be found in contempt of court under RCW 7.21.010. Upon a finding by a
court of competent jurisdiction that the person or business is
in contempt, the court may order any remedial sanction as
authorized by RCW 7.21.030. Further, the court may, in addition to the remedial sanctions available under RCW 7.21.030,
order the person or business to pay a civil penalty to the state
in an amount not to exceed twenty-five thousand dollars,
which shall be deposited in the related program account. For
the purposes of this section, the superior court issuing any
[Title 18 RCW—page 356]
injunction retains jurisdiction and the cause shall be continued, and in such cases the attorney general acting in the name
of the state may petition for the recovery of civil penalties.
[2002 c 86 § 117.]
18.235.170
18.235.170 Misrepresentation—Gross misdemeanor.
A person who attempts to obtain, obtains, or attempts to
maintain a license by willful misrepresentation or fraudulent
representation is guilty of a gross misdemeanor. [2002 c 86 §
118.]
18.235.180
18.235.180 Crime or violation by license holder—
Disciplinary authority may give notification. If the disciplinary authority has reason to believe that a license holder
has committed a crime, or violated the laws of another regulatory body, the disciplinary authority may notify the attorney
general or the county prosecuting attorney in the county in
which the act took place, or other responsible official of the
facts known to the disciplinary authority. [2002 c 86 § 119.]
18.235.190
18.235.190 Immunity from suit. The director, members of the boards or commissions, or individuals acting on
their behalf are immune from suit in any action, civil or criminal, based on any disciplinary actions or other official acts
performed in the course of their duties. [2002 c 86 § 120.]
18.235.200
18.235.200 Use of records—Exchange of information—Chapter does not affect or limit. This chapter does
not affect the use of records, obtained from the director or the
disciplinary authorities, in any existing investigation or
action by any public agency. Nor does this chapter limit any
existing exchange of information between the director or the
disciplinary authorities and other public agencies. [2002 c 86
§ 121.]
18.235.210 Application of chapter—January 1, 2003.
(1) This chapter applies to any conduct, acts, or conditions
occurring on or after January 1, 2003.
(2) This chapter does not apply to or govern the construction of and disciplinary action for any conduct, acts, or
conditions occurring prior to January 1, 2003. The conduct,
acts, or conditions must be construed and disciplinary action
taken according to the provisions of law existing at the time
of the occurrence in the same manner as if this chapter had
not been enacted. [2002 c 86 § 122.]
18.235.210
18.235.900
18.235.900 Short title. This chapter may be known and
cited as the uniform regulation of business and professions
act. [2002 c 86 § 123.]
18.235.901 Effective date—2002 c 86 §§ 101-123.
Sections 101 through 123 of this act take effect January 1,
2003. [2002 c 86 § 124.]
18.235.901
18.235.902
18.235.902 Part headings not law—2002 c 86. Part
headings used in this act are not any part of the law. [2002 c
86 § 402.]
18.235.903
18.235.903 Severability—2002 c 86. If any provision
of this act or its application to any person or circumstance is
(2004 Ed.)
Uniform Regulation of Business and Professions Act
18.235.903
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 86 § 404.]
(2004 Ed.)
[Title 18 RCW—page 357]
Title 19
Chapters
19.02
19.06
19.09
19.16
19.25
19.27
19.27A
19.28
19.29
19.29A
19.30
19.31
19.32
19.34
19.36
19.40
19.48
19.52
19.56
19.58
19.60
19.64
19.68
19.72
19.76
19.77
19.80
19.83
19.84
19.85
19.86
19.91
19.94
19.98
19.100
19.102
19.105
19.108
19.110
19.112
19.116
19.118
19.120
19.122
19.126
19.130
19.134
19.138
19.142
19.146
19.148
19.149
19.150
(2004 Ed.)
Title 19
BUSINESS REGULATIONS—MISCELLANEOUS
Business license center act.
Blind made products—Services.
Charitable solicitations.
Collection agencies.
Reproduced sound recordings.
State building code.
Energy-related building standards.
Electricians and electrical installations.
Electrical construction.
Consumers of electricity.
Farm labor contractors.
Employment agencies.
Food lockers.
Washington electronic authentication act.
Contracts and credit agreements requiring
writings.
Uniform fraudulent transfer act.
Hotels, lodging houses, etc.—Restaurants.
Interest—Usury.
Unsolicited goods.
Motion picture fair competition act.
Pawnbrokers and second-hand dealers.
Radio broadcasting.
Rebating by practitioners of healing professions.
Suretyship.
Beverage bottles, etc.—Labeling—Refilling.
Trademark registration.
Trade names.
Trading stamp licenses.
Trading stamps and premiums.
Regulatory fairness act.
Unfair business practices—Consumer protection.
Unfair cigarette sales below cost act.
Weights and measures.
Farm implements, machinery, parts.
Franchise investment protection.
Chain distributor schemes.
Camping resorts.
Uniform trade secrets act.
Business opportunity fraud act.
Motor fuel quality act.
Motor vehicle subleasing or transfer.
Motor vehicle warranties.
Gasoline dealer bill of rights act.
Underground utilities.
Wholesale distributors and suppliers of malt
beverages.
Telephone buyers' protection act.
Credit services organization act.
Sellers of travel.
Health studio services.
Mortgage broker practices act.
Mortgage loan servicing.
Residential mortgage loan closing—Valuation
disclosure.
Self-service storage facilities.
19.154
19.158
19.160
19.162
19.166
19.170
19.174
19.178
19.182
19.184
19.186
19.188
19.190
19.192
19.194
19.200
19.205
19.210
19.215
19.220
19.225
19.230
19.235
19.240
Immigration assistant practices act.
Commercial telephone solicitation.
Business telephone listings.
Pay-per-call information delivery services.
International student exchange.
Promotional advertising of prizes.
Automated teller machines and night depositories security.
Going out of business sales.
Fair credit reporting act.
Wheelchairs.
Roofing and siding contractors and salespersons.
Electronic media violence.
Commercial electronic mail.
Proof of identity.
Trade-in or exchange of computer hardware.
Automated financial transactions.
Structured settlement protection.
Unused property merchants.
Disposal of personal information.
International matchmaking organizations.
Uniform athlete agent act.
Uniform money services act.
Movie theaters—Unauthorized recording.
Gift certificates.
Automobile
dealers licenses: Chapter 46.70 RCW.
driver schools, licensing: Chapter 46.82 RCW.
repair: Chapter 46.71 RCW.
Banks and trust companies: Title 30 RCW.
Bringing in out-of-state persons to replace employees involved in labor dispute—Penalty: RCW 49.44.100.
Business and occupation tax: Chapter 82.04 RCW.
Business corporations and cooperative associations: Titles 23 and 23B
RCW.
Cemeteries, morgues and human remains: Title 68 RCW.
Cities and towns, powers to regulate business: Title 35 RCW.
Coal mining: Title 78 RCW.
Common carriers: Title 81 RCW.
Consumer leases: Chapter 63.10 RCW.
Consumer loan act: Chapter 31.04 RCW.
Controlled substances, uniform act: Chapter 69.50 RCW.
Credit unions: Chapter 31.12 RCW.
Development credit corporations: Chapter 31.20 RCW.
Discrimination: Chapter 49.60 RCW.
Drugs, uniform controlled substances act: Chapter 69.50 RCW.
Drugs and cosmetics: Chapter 69.04 RCW.
Fish marketing act: Chapter 24.36 RCW.
Fishermen, commercial: Title 77 RCW.
Food and beverage establishment workers' permits: Chapter 69.06 RCW.
Food processing, adulteration, misbranding, standards: Chapter 69.04
RCW.
Forests and forest products: Title 76 RCW.
Fruit: Title 15 RCW.
[Title 19 RCW—page 1]
Chapter 19.02
Title 19 RCW: Business Regulations—Miscellaneous
Gas and hazardous liquid pipelines: Chapter 81.88 RCW.
Hydraulic brake fluid, standards and specifications: RCW 46.37.365.
1977 amendatory act" [1977 ex.s. c 319], see Codification Tables, Volume
O.
Livestock marketing and inspection: Chapter 16.57 RCW.
19.02.010
Massachusetts Trust Act: Chapter 23.90 RCW.
Measurement of goods, raw materials and agricultural products, fraud, penalty: RCW 9.45.122 through 9.45.126.
Milk and milk products for animal food: Chapter 15.37 RCW.
Mines, mineral and petroleum: Title 78 RCW.
Monopolies and trusts prohibited: State Constitution Art. 12 § 22.
Mutual savings banks: Title 32 RCW.
Partnerships: Title 25 RCW.
Periodicals, postage, purchase by public agencies—Manner of payment:
RCW 42.24.035.
Pesticide applicators—Surety bond: Chapter 17.21 RCW.
Pilotage act: Chapter 88.16 RCW.
Poisons, dispensing and sale: Chapter 69.40 RCW.
Professional service corporations: Chapter 18.100 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public utilities: Title 80 RCW.
Railroads and other common carriers: Title 81 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Sales of personal property: Title 62A RCW.
Savings and loan associations: Title 33 RCW.
Shoefitting devices, x-ray, etc., prohibited: RCW 70.98.170.
Transportation, public: Title 81 RCW.
Vehicle wreckers: Chapter 46.80 RCW.
Warehouses and grain elevators: Title 22 RCW.
Washington fresh fruit sales limitation act: Chapter 15.21 RCW.
Chapter 19.02
Chapter 19.02 RCW
BUSINESS LICENSE CENTER ACT
Sections
19.02.010
19.02.020
19.02.030
19.02.035
19.02.050
19.02.070
19.02.075
19.02.080
19.02.085
19.02.090
19.02.100
19.02.110
19.02.200
19.02.210
19.02.220
19.02.300
19.02.800
19.02.810
19.02.890
19.02.900
19.02.901
19.02.910
19.02.920
Purpose—Intent.
Definitions.
Center—Created—Duties—Rules.
Center to compile and distribute information—Scope.
Participation of state agencies.
Issuance of licenses—Scope—Master application and fees—
Action by regulatory agency, when—Agencies provided
information.
Master application fees—Renewal.
Licensing fees—Disposition of.
Licensing fees—Master license delinquency fee—Rate—Disposition.
Master license—Expiration date—Prorated fees—Conditions
of renewal.
Master license—Issuance or renewal—Denial.
Master license—System to include additional licenses.
Center as secretary of state's agent for corporate renewals—
Proposals for—Schedule.
Master license fund.
Combined licensing project—Report—Evaluation.
Contract to issue conditional federal employer identification
numbers, credentials, and documents—Issuance in conjunction with license applications.
Master license system—Certain business or professional
activity licenses exempt.
Master license system—Existing licenses or permits registered
under, when.
Short title.
Severability—1977 ex.s. c 319.
Severability—1982 c 182.
Effective date—1977 ex.s. c 319.
Construction.
Reviser's note: Throughout chapter 19.02 RCW, the term "this 1977
amendatory act" has been changed to "this chapter." For codification of "this
[Title 19 RCW—page 2]
19.02.010 Purpose—Intent. Experience under the
pilot program of the business coordination act suggests that
the number of state licenses required for new businesses and
the renewal of existing licenses places an undue burden on
business. Studies under this act also show that the state can
reduce its costs by coordinating and consolidating application
forms, information, and licenses. Therefore, the legislature
extends the business coordination act by establishing a business license program and license center to develop and
implement the following goals and objectives:
(1) The first goal of this system is to provide a convenient, accessible, and timely one-stop system for the business
community to acquire and maintain the necessary state
licenses to conduct business. This system shall be developed
and operated in the most cost-efficient manner for the business community and state. The objectives of this goal are:
(a) To provide a service whereby information is available to the business community concerning all state licensing
and regulatory requirements, and to the extent feasible,
include local and federal information concerning the same
regulated activities;
(b) To provide a system which will enable state agencies
to efficiently store, retrieve, and exchange license information with due regard to privacy statutes; to issue and renew
master licenses where such licenses are appropriate; and to
provide appropriate support services for this objective;
(c) To provide at designated locations one consolidated
application form to be completed by any given applicant; and
(d) To provide a statewide system of common business
identification.
(2) The second goal of this system is to aid business and
the growth of business in Washington state by instituting a
master license system that will reduce the paperwork burden
on business, and promote the elimination of obsolete and
duplicative licensing requirements by consolidating existing
licenses and applications.
It is the intent of the legislature that the authority for
determining if a requested license shall be issued shall remain
with the agency legally authorized to issue the license.
It is the further intent of the legislature that those licenses
which no longer serve a useful purpose in regulating certain
business activities should be eliminated. [1982 c 182 § 1;
1977 ex.s. c 319 § 1.]
19.02.020
19.02.020 Definitions. As used in this chapter, the following words shall have the following meanings:
(1) "System" means the mechanism by which master
licenses are issued and renewed, license and regulatory information is disseminated, and account data is exchanged by the
agencies;
(2) "Business license center" means the business registration and licensing center established by this chapter and
located in and under the administrative control of the department of licensing;
(3) "Master application" means a document incorporating pertinent data from existing applications for licenses covered under this chapter;
(2004 Ed.)
Business License Center Act
(4) "Master license" means the single document
designed for public display issued by the business license
center which certifies state agency license approval and
which incorporates the endorsements for individual licenses
included in the master license system, which the state
requires for any person subject to this chapter;
(5) "License" means the whole or part of any agency permit, license, certificate, approval, registration, charter, or any
form or permission required by law, including agency rule, to
engage in any activity;
(6) "Regulatory" means all licensing and other governmental or statutory requirements pertaining to business or
professional activities;
(7) "Person" means any individual, sole proprietorship,
partnership, association, cooperative, corporation, nonprofit
organization, state or local government agency, and any other
organization required to register with the state to do business
in the state and to obtain one or more licenses from the state
or any of its agencies;
(8) "Director" means the director of licensing;
(9) "Department" means the department of licensing;
(10) "Regulatory agency" means any state agency,
board, commission, or division which regulates one or more
professions, occupations, industries, businesses, or activities;
(11) "Renewal application" means a document used to
collect pertinent data for renewal of licenses covered under
this chapter; and
(12) "License information packet" means a collection of
information about licensing requirements and application
procedures custom-assembled for each request. [1993 c 142
§ 3; 1992 c 107 § 1; 1982 c 182 § 2; 1979 c 158 § 75; 1977
ex.s. c 319 § 2.]
Effective dates—1992 c 107: "(1) Sections 1 through 4, 6, and 8 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institutions, and shall take effect June 1, 1992.
(2) Sections 5 and 7 of this act shall take effect July 1, 1992." [1992 c
107 § 9.]
19.02.030
19.02.030 Center—Created—Duties—Rules. (1)
There is created within the department of licensing a business
license center.
(2) The duties of the center shall include:
(a) Developing and administering a computerized onestop master license system capable of storing, retrieving, and
exchanging license information with due regard to privacy
statutes, as well as issuing and renewing master licenses in an
efficient manner;
(b) Providing a license information service detailing
requirements to establish or engage in business in this state;
(c) Providing for staggered master license renewal;
(d) Identifying types of licenses appropriate for inclusion
in the master license system;
(e) Recommending in reports to the governor and the
legislature the elimination, consolidation, or other modification of duplicative, ineffective, or inefficient licensing or
inspection requirements; and
(f) Incorporating licenses into the master license system.
(3) The director of licensing may adopt under chapter
34.05 RCW such rules as may be necessary to effectuate the
(2004 Ed.)
19.02.070
purposes of this chapter. [1999 c 240 § 5; 1993 c 142 § 4;
1982 c 182 § 3; 1979 c 158 § 76; 1977 ex.s. c 319 § 3.]
19.02.035 Center to compile and distribute information—Scope. The business license center shall compile
information regarding the regulatory programs associated
with each of the licenses obtainable under the master license
system. This information shall include, at a minimum, a listing of the statutes and administrative rules requiring the
licenses and pertaining to the regulatory programs that are
directly related to the licensure. For example, for pesticide
dealers' licenses, the information shall include the statutes
and rules requiring licensing as well as those pertaining to the
subject of registering or distributing pesticides.
The business license center shall provide information
governed by this section to any person requesting it. Materials used by the center to describe the services provided by the
center shall indicate that this information is available upon
request. [1982 c 182 § 4.]
19.02.035
19.02.050 Participation of state agencies. The legislature hereby directs the full participation by the following
agencies in the implementation of this chapter:
(1) Department of agriculture;
(2) Secretary of state;
(3) Department of social and health services;
(4) Department of revenue;
(5) Department of fish and wildlife;
(6) Department of employment security;
(7) Department of labor and industries;
(8) Department of community, trade, and economic
development;
(9) Liquor control board;
(10) Department of health;
(11) Department of licensing;
(12) Parks and recreation commission;
(13) Utilities and transportation commission; and
(14) Other agencies as determined by the governor.
[1997 c 391 § 11; 1994 c 264 § 8; 1989 1st ex.s. c 9 § 317;
1985 c 466 § 38; 1979 c 158 § 78; 1977 ex.s. c 319 § 5.]
19.02.050
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
19.02.070 Issuance of licenses—Scope—Master
application and fees—Action by regulatory agency,
when—Agencies provided information. (1) Any person
requiring licenses which have been incorporated into the system shall submit a master application to the department
requesting the issuance of the licenses. The master application form shall contain in consolidated form information necessary for the issuance of the licenses.
(2) The applicant shall include with the application the
sum of all fees and deposits required for the requested individual license endorsements as well as the handling fee established under RCW 19.02.075.
(3) Irrespective of any authority delegated to the department of licensing to implement the provisions of this chapter,
the authority for approving issuance and renewal of any
requested license that requires a prelicensing or renewal
19.02.070
[Title 19 RCW—page 3]
19.02.075
Title 19 RCW: Business Regulations—Miscellaneous
investigation, inspection, testing, or other judgmental review
by the regulatory agency otherwise legally authorized to
issue the license shall remain with that agency. The business
license center has the authority to issue those licenses for
which proper fee payment and a completed application form
have been received and for which no prelicensing or renewal
approval action is required by the regulatory agency.
(4) Upon receipt of the application and proper fee payment for any license for which issuance is subject to regulatory agency action under subsection (3) of this section, the
department shall immediately notify the regulatory agency
with authority to approve issuance or renewal of the license
requested by the applicant. Each regulatory agency shall
advise the department within a reasonable time after receiving the notice: (a) That the agency approves the issuance of
the requested license and will advise the applicant of any specific conditions required for issuing the license; (b) that the
agency denies the issuance of the license and gives the applicant reasons for the denial; or (c) that the application is pending.
(5) The department shall issue a master license endorsed
for all the approved licenses to the applicant and advise the
applicant of the status of other requested licenses. It is the
responsibility of the applicant to contest the decision regarding conditions imposed or licenses denied through the normal
process established by statute or by the agency with the
authority for approving issuance of the license.
(6) Regulatory agencies shall be provided information
from the master application for their licensing and regulatory
functions. [1990 c 264 § 1; 1982 c 182 § 6; 1979 c 158 § 79;
1977 ex.s. c 319 § 7.]
Effective date—1990 c 264: "This act shall take effect July 1, 1990.
The director of licensing may immediately take such steps as are necessary
to ensure that sections 1 and 2 of this act are implemented on their effective
date." [1990 c 264 § 5.]
19.02.075
19.02.075 Master application fees—Renewal. (1) The
department shall collect a fee of fifteen dollars on each master application. The entire master application fee shall be
deposited in the master license fund.
(2) The department shall collect a fee of nine dollars on
each renewal application. Renewal application fees shall be
deposited in the master license fund. [1995 c 403 § 1007;
1992 c 107 § 2; 1990 c 264 § 2.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective dates—1992 c 107: See note following RCW 19.02.020.
Effective date—1990 c 264: See note following RCW 19.02.070.
19.02.080
19.02.080 Licensing fees—Disposition of. All fees
collected under the system shall be deposited with the state
treasurer. Upon issuance or renewal of the master license or
supplemental licenses, the department shall distribute the
fees, except for fees covered under RCW 19.02.210 and for
fees covered under RCW 19.80.075, to the appropriate
accounts under the applicable statutes for those agencies'
licenses. [1992 c 107 § 3; 1982 c 182 § 7.]
Effective dates—1992 c 107: See note following RCW 19.02.020.
[Title 19 RCW—page 4]
19.02.085 Licensing fees—Master license delinquency fee—Rate—Disposition. To encourage timely
renewal by applicants, a master license delinquency fee shall
be imposed on licensees who fail to renew by the master
license expiration date. The master license delinquency fee
shall be the lesser of one hundred fifty dollars or fifty percent
of a base comprised of the licensee's renewal fee minus corporate licensing taxes, corporation annual report fee, and any
interest fees or penalties charged for late taxes or corporate
renewals. The master license delinquency fee shall be added
to the renewal fee and paid by the licensee before a master
license shall be renewed. The delinquency fee shall be deposited in the master license fund. [1992 c 107 § 5; 1989 c 170
§ 1; 1982 c 182 § 9.]
19.02.085
Effective dates—1992 c 107: See note following RCW 19.02.020.
19.02.090
19.02.090 Master license—Expiration date—Prorated fees—Conditions of renewal. (1) The department
shall assign an expiration date for each master license. All
renewable licenses endorsed on that master license shall
expire on that date. License fees shall be prorated to accommodate the staggering of expiration dates.
(2) All renewable licenses endorsed on a master license
shall be renewed by the department under conditions originally imposed unless a regulatory agency advises the department of conditions or denials to be imposed before the
endorsement is renewed. [1982 c 182 § 8.]
19.02.100
19.02.100 Master license—Issuance or renewal—
Denial. (1) The department shall not issue or renew a master
license to any person if:
(a) The person does not have a valid tax registration, if
required;
(b) The person is a corporation delinquent in fees or penalties owing to the secretary of state or is not validly registered under Title 23B RCW, chapter 18.100 RCW, Title 24
RCW, and any other statute now or hereafter adopted which
gives corporate or business licensing responsibilities to the
secretary of state; or
(c) The person has not submitted the sum of all fees and
deposits required for the requested individual license
endorsements, any outstanding master license delinquency
fee, or other fees and penalties to be collected through the
system.
(2) Nothing in this section shall prevent registration by
the state of an employer for the purpose of paying an
employee of that employer industrial insurance or unemployment insurance benefits.
(3) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or
certificate shall be automatic upon the department's receipt of
a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[1997 c 58 § 865; 1991 c 72 § 8; 1982 c 182 § 10.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
(2004 Ed.)
Business License Center Act
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.02.110 Master license—System to include additional licenses. In addition to the licenses processed under
the master license system prior to April 1, 1982, on July 1,
1982, use of the master license system shall be expanded as
provided by this section.
Applications for the following shall be filed with the
business license center and shall be processed, and renewals
shall be issued, under the master license system:
(1) Nursery dealer's licenses required by chapter 15.13
RCW;
(2) Seed dealer's licenses required by chapter 15.49
RCW;
(3) Pesticide dealer's licenses required by chapter 15.58
RCW;
(4) Shopkeeper's licenses required by chapter 18.64
RCW;
(5) Refrigerated locker licenses required by chapter
19.32 RCW;
(6) Egg dealer's licenses required by chapter 69.25
RCW. [2000 c 171 § 43; 1988 c 5 § 3; 1982 c 182 § 11.]
19.02.110
19.02.200 Center as secretary of state's agent for corporate renewals—Proposals for—Schedule. See RCW
43.07.200.
19.02.200
19.02.210 Master license fund. The master license
fund is created in the state treasury. Unless otherwise indicated in RCW 19.02.075, all receipts from handling and master license delinquency fees shall be deposited into the fund.
Moneys in the fund may be spent only after appropriation
beginning in fiscal year 1993. Expenditures from the fund
may be used only to administer the master license services
program. [1992 c 107 § 4.]
19.02.210
Effective dates—1992 c 107: See note following RCW 19.02.020.
19.02.220 Combined licensing project—Report—
Evaluation. (1) By June 30, 1997, the department shall have
a pilot combined licensing project fully operational in at least
two cities within the state of Washington, with at least one
city west of the Cascade mountains and at least one city east
of the Cascade mountains.
(2) By January 31, 1997, the department shall make an
interim report to the legislature on the progress of the pilot
combined licensing project.
(3) By January 31, 1998, the department shall have evaluated the pilot combined licensing project and reported to the
legislature with a plan for transition of the pilot project into
an ongoing program. The transition plan shall include cost,
funding sources, and staffing needs for the ongoing program.
(4) Upon approval and continued funding of the transition plan by the legislature under this section, the master
19.02.220
(2004 Ed.)
19.02.810
license system shall implement a transition from the pilot
program to the ongoing program. [1995 c 403 § 1006.]
Findings—1995 c 403: "The master license system of the department
of licensing is a proven, progressive program for one-stop state licensing.
This flexible system should be expanded into a statewide shared data base to
facilitate combined licensing processes at local, state, and federal levels as a
benefit to the business community through improved customer service.
In order to achieve this goal the department of licensing should expand
the license information management system, offered by the master license
system, to include local and federal licensing requirements, making this
information readily accessible at appropriate locations throughout the state.
In addition, the department should develop a pilot program expanding the
capabilities of the master licensing [license] system to local and federal levels in an efficient manner; and provide access to the expanded master licensing [license] system for all jurisdictions within the state of Washington."
[1995 c 403 § 1001.]
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
19.02.300
19.02.300 Contract to issue conditional federal
employer identification numbers, credentials, and documents—Issuance in conjunction with license applications.
(1) The director may contract with the federal internal revenue service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other
federal credentials or documents, at specified offices and
locations of the agency in conjunction with any application
for state licenses under this chapter.
(2) To the extent permitted by any contract entered under
subsection (1) of this section, the department may contract,
under chapter 39.34 RCW, with any agency of state or local
government which is participating in the master licensing
program to issue conditional federal employer identification
numbers, or other federal credentials or documents, in conjunction with applications for state licenses under this chapter. [1997 c 51 § 2.]
Intent—1997 c 51: "The legislature intends to simplify the process of
registering and licensing businesses in this state by authorizing state agencies to provide consolidated forms, instructions, service locations, and other
operations whenever coordination of these functions would benefit individual businesses and the business community of this state. To further this goal,
agencies participating in the master business license program should be able
to contract with the federal internal revenue service, or other appropriate federal agency, to issue a conditional federal employer identification number, or
other federal credentials or documents, at the same time that a business
applies for registration or licensing with any state agency." [1997 c 51 § 1.]
19.02.800
19.02.800 Master license system—Certain business
or professional activity licenses exempt. Except as provided in RCW 43.07.200, the provisions of this chapter
regarding the processing of license applications and renewals
under a master license system shall not apply to those business or professional activities that are licensed or regulated
under chapter 31.04, 31.12, *31.12A, or 31.13 RCW or under
Title 30, 32, 33, or 48 RCW. [2000 c 171 § 44; 1982 c 182 §
17.]
*Reviser's note: Chapter 31.12A RCW was repealed by 1996 c 5 § 7,
effective December 31, 2000.
19.02.810
19.02.810 Master license system—Existing licenses
or permits registered under, when. A license or permit
affected by chapter 182, Laws of 1982 and otherwise valid on
April 1, 1982, need not be registered under the master license
[Title 19 RCW—page 5]
19.02.890
Title 19 RCW: Business Regulations—Miscellaneous
system until the renewal or expiration date of that license or
permit under the laws in effect prior to April 1, 1982, unless
otherwise revoked or suspended. [1982 c 182 § 46.]
19.02.890 Short title. This chapter may be known and
cited as the business license center act. [1982 c 182 § 18.]
19.02.890
19.02.900 Severability—1977 ex.s. c 319. If any provision of this 1977 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 319 § 10.]
19.02.900
19.02.901
19.02.901 Severability—1982 c 182. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 182 § 47.]
produce, or to procure services, for the use of any department
or institution within the state, shall make such purchases and
procure such services whenever available, from any nonprofit agency for the blind located within the state which
manufactures or distributes blind made products: PROVIDED, That the goods and services made by or offered by
such agencies shall be equal in quality and price to those
available from other sources. [1961 c 56 § 4; 1959 c 100 § 2.]
19.06.030 Advertising limitations. No advertising of
blind made products shall refer to any product which is not
blind made, nor shall any such advertising contain or refer to
names or pictures of any blind persons or otherwise exploit
the blind. [1961 c 56 § 2.]
19.06.030
19.06.040 Penalty. Any violation of this chapter shall
be a misdemeanor. [1961 c 56 § 3.]
19.06.040
Chapter 19.09
19.02.910 Effective date—1977 ex.s. c 319. This 1977
amendatory act is necessary for the immediate preservation
of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect July 1, 1977. [1977 ex.s. c 319 § 11.]
19.02.910
Sections
19.09.010
19.09.020
19.09.065
19.02.920
19.02.920 Construction. The rule of strict construction
shall have no application to this chapter and it shall be liberally construed in order to carry out its purposes. [1982 c 182
§ 16.]
Chapter 19.06
Chapter 19.06 RCW
BLIND MADE PRODUCTS—SERVICES
Sections
19.06.010
19.06.020
19.06.030
19.06.040
Labels—Contents—Requirements—Prohibited acts.
Governmental agencies shall purchase goods and services—
Conditions.
Advertising limitations.
Penalty.
19.09.075
19.09.076
19.09.079
19.09.085
19.09.095
19.09.097
19.09.100
19.09.190
19.09.200
19.09.210
19.09.230
19.09.240
19.09.271
19.06.010
19.06.010 Labels—Contents—Requirements—Prohibited acts. Products made by blind persons and sold or distributed in this state as blind made may bear a label affixed
directly to the product reading "MADE BY THE BLIND"
and shall show the distributor's or manufacturer's name. Any
product bearing such label shall have been made by blind
people to the extent of at least seventy-five percent of the
man hours required for its manufacture. No other label, trade
name or sales device tending to create the impression that a
product is made by blind persons shall be used in connection
with the sale or distribution of such product unless the product shall have been made by blind people to the extent of at
least seventy-five percent of the man hours required for its
manufacture. [1961 c 56 § 1; 1959 c 100 § 1.]
19.06.020 Governmental agencies shall purchase
goods and services—Conditions. Any board, commission,
officer, employee or other person or persons of the state, or
any county, city, town, school district or other agency, political subdivision or taxing district of the state, whose duty it is
to purchase materials, supplies, goods, wares, merchandise or
19.06.020
[Title 19 RCW—page 6]
Chapter 19.09 RCW
CHARITABLE SOLICITATIONS
19.09.275
19.09.276
19.09.277
19.09.279
19.09.305
19.09.315
19.09.340
19.09.355
19.09.400
19.09.410
19.09.420
19.09.430
19.09.440
19.09.910
19.09.911
19.09.912
19.09.913
19.09.914
19.09.915
Purpose.
Definitions.
Charitable organizations and commercial fund raisers—Registration required—Public record—Registration not endorsement.
Charitable organizations—Application for registration—Contents—Fee—Veterans' affairs—Notice, advice.
Charitable organizations—Application for registration—
Exemptions—Rules—Compliance with conditions.
Commercial fund raisers—Application for registration—Contents—Fee.
Registration—Duration—Change—Notice to reregister.
Subsidiary organizations—Requirement to register—Exemptions.
Contract with commercial fund raiser—Limitations—Registration form—Contents—Copy—Fee.
Conditions applicable to solicitations.
Commercial fund raisers—Surety bond.
Books, records, and contracts.
Financial statements.
Using the name, symbol, or emblem of another entity—Filing.
Using similar name, symbol, emblem, or statement.
Failure to register—Late filing fee—Notice to attorney general.
Violations—Penalties.
Waiver of rule-set penalties—Notice by organization seeking
relief—Investigation.
Violations—Attorney general—Cease and desist order—Temporary order.
Violations—Secretary of state—Penalty—Hearing—Recovery in superior court.
Service on secretary when registrant not found—Procedure—
Fee—Costs.
Forms and procedures—Filing of financial statement—Publications—Fee.
Violations deemed unfair practice under chapter 19.86
RCW—Application of chapter 9.04 RCW—Procedure.
Moneys to be transmitted to general fund.
Attorney general—Investigations—Publication of information.
Attorney general—Investigations—Powers—Superior court
may compel.
Copies of information for attorney general.
Administrative procedure act to govern administration.
Annual report by secretary of state.
Severability—1973 1st ex.s. c 13.
Severability—1983 c 265.
Effective date—1983 c 265.
Effective date—1986 c 230.
Severability—1993 c 471.
Effective date—1993 c 471.
Fees—Charitable trusts—Charitable solicitations: RCW 43.07.125.
(2004 Ed.)
Charitable Solicitations
Telephone, solicitation regulated: RCW 80.36.390.
19.09.010
19.09.010 Purpose. The purpose of this chapter is to
provide citizens of the state of Washington with information
relating to persons and organizations who solicit funds from
the public for public charitable purposes in order to prevent
(1) deceptive and dishonest practices in the conduct of soliciting funds for or in the name of charity; and (2) improper use
of contributions intended for charitable purposes. [1986 c
230 § 1; 1973 1st ex.s. c 13 § 1.]
19.09.020
19.09.020 Definitions. When used in this chapter,
unless the context otherwise requires:
(1) A "bona fide officer or employee" of a charitable
organization is one (a) whose conduct is subject to direct control by such organization; (b) who does not act in the manner
of an independent contractor in his or her relation with the
organization; and (c) whose compensation is not computed
on funds raised or to be raised.
(2) "Charitable organization" means any entity that solicits or collects contributions from the general public where the
contribution is or is purported to be used to support a charitable activity, but does not include any commercial fund raiser
or commercial fund-raising entity as defined in this section.
"Charitable" (a) is not limited to its common law meaning
unless the context clearly requires a narrower meaning; (b)
does not include religious or political activities; and (c)
includes, but is not limited to, educational, recreational,
social, patriotic, legal defense, benevolent, and health causes.
(3) "Compensation" means salaries, wages, fees, commissions, or any other remuneration or valuable consideration.
(4) "Contribution" means the payment, donation, promise, or grant, for consideration or otherwise, of any money or
property of any kind or value which contribution is wholly or
partly induced by a solicitation. Reference to dollar amounts
of "contributions" or "solicitations" in this chapter means in
the case of payments or promises to pay for merchandise or
rights of any description, the value of the total amount paid or
promised to be paid for such merchandise or rights less the
reasonable purchase price to the charitable organization of
any such tangible merchandise, rights, or services resold by
the organization, and not merely that portion of the purchase
price to be applied to a charitable purpose.
(5) "Cost of solicitation" means and includes all direct
and indirect costs, expenditures, debts, obligations, salaries,
wages, commissions, fees, or other money or thing of value
paid or incurred in making a solicitation. Cost of solicitation
does not include the reasonable purchase price to the charitable organization of any tangible goods or services resold by
the organization as a part of its fund raising activities.
(6) "Entity" means an individual, organization, group,
association, partnership, corporation, agency or unit of state
government, or any combination thereof.
(7) "General public" or "public" means any individual
located in Washington state without a membership or other
official relationship with a charitable organization before a
solicitation by the charitable organization.
(8) "Commercial fund raiser" or "commercial fund-raising entity" means any entity that for compensation or other
consideration within this state directly or indirectly solicits or
(2004 Ed.)
19.09.020
receives contributions for or on behalf of any charitable organization or charitable purpose, or that is engaged in the business of or is held out to persons in this state as independently
engaged in the business of soliciting or receiving contributions for such purposes. However, the following shall not be
deemed a commercial fund raiser or "commercial fund-raising entity": (a) Any entity that provides fund-raising advice
or consultation to a charitable organization within this state
but neither directly nor indirectly solicits or receives any contribution for or on behalf of any such charitable organization;
and (b) a bona fide officer or other employee of a charitable
organization.
(9) "Membership" means that for the payment of fees,
dues, assessments, etc., an organization provides services and
confers a bona fide right, privilege, professional standing,
honor, or other direct benefit, in addition to the right to vote,
elect officers, or hold office. The term "membership" does
not include those persons who are granted a membership
upon making a contribution as the result of solicitation.
(10) "Other employee" of a charitable organization
means any person (a) whose conduct is subject to direct control by such organization; (b) who does not act in the manner
of any independent contractor in his or her relation with the
organization; and (c) who is not engaged in the business of or
held out to persons in this state as independently engaged in
the business of soliciting contributions for charitable or religious purposes.
(11) "Parent organization" means that part of a charitable
organization that coordinates, supervises, or exercises control
over policy, fund raising, or expenditures, or assists or
advises one or more related foundations, supporting organizations, chapters, branches, or affiliates of such organization
in the state of Washington.
(12) "Political activities" means those activities subject
to chapter 42.17 RCW or the Federal Elections Campaign
Act of 1971, as amended.
(13) "Religious activities" means those religious, evangelical, or missionary activities under the direction of a religious organization duly organized and operating in good faith
that are entitled to receive a declaration of current tax exempt
status for religious purposes from the United States government and the duly organized branches or chapters of those
organizations.
(14) "Secretary" means the secretary of state.
(15) "Signed" means hand-written, or, if the secretary
adopts rules facilitating electronic filing that pertain to this
chapter, in the manner prescribed by those rules.
(16) "Solicitation" means any oral or written request for
a contribution, including the solicitor's offer or attempt to sell
any property, rights, services, or other thing in connection
with which:
(a) Any appeal is made for any charitable purpose; or
(b) The name of any charitable organization is used as an
inducement for consummating the sale; or
(c) Any statement is made that implies that the whole or
any part of the proceeds from the sale will be applied toward
any charitable purpose or donated to any charitable organization.
The solicitation shall be deemed completed when made,
whether or not the person making it receives any contribution
or makes any sale.
[Title 19 RCW—page 7]
19.09.065
Title 19 RCW: Business Regulations—Miscellaneous
Bingo activities, raffles, and amusement games conducted under chapter 9.46 RCW and applicable rules of the
Washington state gambling commission are specifically
excluded and shall not be deemed a solicitation under this
chapter. [2002 c 74 § 1; 1993 c 471 § 1; 1986 c 230 § 2; 1983
c 265 § 1; 1979 c 158 § 80; 1977 ex.s. c 222 § 1; 1974 ex.s. c
106 § 1; 1973 1st ex.s. c 13 § 2.]
Captions not law—2002 c 74: "Section captions used in this act are not
part of the law." [2002 c 74 § 21.]
19.09.065 Charitable organizations and commercial
fund raisers—Registration required—Public record—
Registration not endorsement. (1) All charitable organizations and commercial fund raisers shall register with the secretary prior to conducting any solicitations.
(2) Failure to register as required by this chapter is a violation of this chapter.
(3) Information provided to the secretary pursuant to this
chapter shall be a public record except as otherwise stated in
this chapter.
(4) Registration shall not be considered or be represented
as an endorsement by the secretary or the state of Washington. [1993 c 471 § 2; 1986 c 230 § 3; 1983 c 265 § 4.]
19.09.065
19.09.075 Charitable organizations—Application for
registration—Contents—Fee—Veterans' affairs—
Notice, advice. An application for registration as a charitable organization shall be submitted in the form prescribed by
rule by the secretary, containing, but not limited to, the following:
(1) The name, address, and telephone number of the
charitable organization;
(2) The name(s) under which the organization will solicit
contributions;
(3) The name, address, and telephone number of the
officers of or persons accepting responsibility for the organization;
(4) The names of the three officers or employees receiving the greatest amount of compensation from the organization;
(5) The purpose of the organization;
(6)(a) Whether the organization is exempt from federal
income tax; and if so the organization shall attach to its application a copy of the letter by which the internal revenue service granted such status; and
(b) The name and address of the entity that prepares,
reviews, or audits the financial statement of the organization;
(7) A solicitation report of the organization for the preceding accounting year including:
(a) The number and types of solicitations conducted;
(b) The total dollar value of support received from solicitations and from all other sources received on behalf of the
charitable purpose of the charitable organization;
(c) The total amount of money applied to charitable purposes, fund raising costs, and other expenses;
(d) The name, address, and telephone number of any
commercial fund raiser used by the organization;
(8) An irrevocable appointment of the secretary to
receive service of process in noncriminal proceedings as provided in RCW 19.09.305; and
(9) The total revenue of the preceding fiscal year.
19.09.075
[Title 19 RCW—page 8]
The solicitation report required to be submitted under
subsection (7) of this section shall be in the form prescribed
by rule by the secretary, or as agreed to by the secretary and
a charitable organization or a group of charitable organizations. A consolidated application for registration may, at the
option of the charitable organization, be submitted by a parent organization for itself and any or all of its related foundations, supporting organizations, chapters, branches, or affiliates in the state of Washington.
The application shall be signed by the president, treasurer, or comparable officer of the organization. The application shall be submitted with a nonrefundable filing fee which
shall be in an amount to be established by the secretary by
rule. In determining the amount of this application fee, the
secretary may consider factors such as the entity's annual
budget and its federal income tax status. If the secretary
determines that the application is complete, the application
shall be filed and the applicant deemed registered.
The secretary shall notify the director of veterans' affairs
upon receipt of an application for registration as a charitable
organization from an entity that purports to raise funds to
benefit veterans of the United States military services. The
director of veterans' affairs may advise the secretary and the
attorney general of any information, reports, or complaints
regarding such an organization. [2002 c 74 § 2; 1993 c 471 §
3; 1986 c 230 § 4; 1983 c 265 § 5.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
19.09.076
19.09.076 Charitable organizations—Application for
registration—Exemptions—Rules—Compliance with
conditions. The application requirements of RCW
19.09.075 do not apply to the following:
(1) Any charitable organization raising less than an
amount as set by rule adopted by the secretary in any
accounting year when all the activities of the organization,
including all fund raising activities, are carried on by persons
who are unpaid for their services and no part of the charitable
organization's assets or income inures to the benefit of or is
paid to any officer or member of the organization;
(2) Any charitable organization located outside of the
state of Washington if the organization files the following
with the secretary:
(a) The registration documents required under the charitable solicitation laws of the state in which the charitable
organization is located;
(b) The registration required under the charitable solicitation laws of the state of California and the state of New
York; and
(c) Such federal income tax forms as may be required by
rule of the secretary.
All entities soliciting charitable donations shall comply
with the requirements of RCW 19.09.100. [1994 c 287 § 1;
1993 c 471 § 4; 1986 c 230 § 5.]
19.09.079
19.09.079 Commercial fund raisers—Application for
registration—Contents—Fee. An application for registration as a commercial fund raiser shall be submitted in the
form prescribed by the secretary, containing, but not limited
to, the following:
(2004 Ed.)
Charitable Solicitations
(1) The name, address, and telephone number of the
commercial fund-raising entity;
(2) The name(s), address(es), and telephone number(s)
of the owner(s) and principal officer(s) of the commercial
fund-raising entity;
(3) The name, address, and telephone number of the individual responsible for the activities of the commercial fundraising entity in Washington;
(4) A list of states and Canadian provinces in which fund
raising has been performed;
(5) The names of the three officers or employees receiving the greatest amount of compensation from the commercial fund-raising entity;
(6) The name and address of the entity that prepares,
reviews, or audits the financial statement of the organization;
(7) A solicitation report of the commercial fund-raising
entity for the preceding accounting year, including:
(a) The number and types of fund raising services conducted;
(b) The names of charitable organizations required to
register under RCW 19.09.065 for whom fund raising services have been performed;
(c) The total value of contributions received on behalf of
charitable organizations required to register under RCW
19.09.065 by the commercial fund raiser, affiliate of the commercial fund raiser, or any entity retained by the commercial
fund raiser; and
(d) The amount of money disbursed to charitable organizations for charitable purposes, net of fund raising costs paid
by the charitable organization as stipulated in any agreement
between charitable organizations and the commercial fund
raiser;
(8) The name, address, and telephone number of any
commercial fund raiser that was retained in the conduct of
providing fund raising services; and
(9) An irrevocable appointment of the secretary to
receive service of process in noncriminal proceedings as provided in RCW 19.09.305.
The application shall be signed by an officer or owner of
the commercial fund raiser and shall be submitted with a nonrefundable fee in an amount to be established by rule of the
secretary. If the secretary determines that the application is
complete, the application shall be filed and the applicant
deemed registered. [1993 c 471 § 5; 1986 c 230 § 7; 1983 c
265 § 15.]
19.09.085 Registration—Duration—Change—
Notice to reregister. (1) Registration under this chapter
shall be effective for one year or longer, as established by the
secretary.
(2) Reregistration required under RCW 19.09.075 or
19.09.079 shall be submitted to the secretary no later than the
date established by the secretary by rule.
(3) Entities required to register under this chapter shall
file a notice of change of information within thirty days of
any change in the information contained in RCW 19.09.075
(1) through (6) or 19.09.079 (1) through (6).
(4) The secretary shall notify entities registered under
this chapter of the need to reregister upon the expiration of
their current registration. The notification shall be by mail,
sent at least sixty days prior to the expiration of their current
19.09.085
(2004 Ed.)
19.09.097
registration. Failure to register shall not be excused by a failure of the secretary to mail the notice or by an entity's failure
to receive the notice. [1993 c 471 § 6; 1986 c 230 § 8; 1983
c 265 § 8.]
19.09.095
19.09.095 Subsidiary organizations—Requirement
to register—Exemptions. A charitable organization that is
supervised and controlled by a superior or parent organization that is incorporated, qualified to do business, or is doing
business within this state shall not be required to register
under RCW 19.09.065 if the superior or parent organization
files an application, on behalf of its subsidiary, in addition to
or as a part of its own application. If an application has been
filed by a superior or parent organization, on behalf of the
subsidiary organization, the superior or parent organization
shall (1) report financial information either separately or in
consolidated form for its subsidiary organization(s), and (2)
identify the subsidiary organization(s) on whose behalf the
application is being submitted, indicating which such organization(s), if any, collected or expended five thousand dollars
or more during their fiscal year. [1986 c 230 § 9; 1983 c 265
§ 6.]
19.09.097
19.09.097 Contract with commercial fund raiser—
Limitations—Registration form—Contents—Copy—
Fee. (1) No charitable organization may contract with a commercial fund raiser for any fund raising service or activity
unless its contract requires that both parties comply with the
law and permits officers of the charity reasonable access to:
(a) The fund raisers' financial records relating to that charitable organization; and (b) the fund raisers' operations including without limitation the right to be present during any telephone solicitation. In addition, the contract shall specify the
amount of raised funds that the charitable organization will
receive or the method of computing that amount, the amount
of compensation of the commercial fund raiser or the method
of computing that amount, and whether the compensation is
fixed or contingent.
(2) Before a charitable organization may contract with a
commercial fund raiser for any fund raising service or activity, the charitable organization and commercial fund raiser
shall complete a registration form. The registration shall be
filed by the charitable organization with the secretary, in the
form prescribed by the secretary, within five working days of
the execution of the contract containing, but not limited to the
following information:
(a) The name and registration number of the commercial
fund raiser;
(b) The name of the surety or sureties issuing the bond
required by RCW 19.09.190, the aggregate amount of such
bond or bonds, the bond number(s), original effective date(s),
and termination date(s);
(c) The name and registration number of the charitable
organization;
(d) The name of the representative of the commercial
fund raiser who will be responsible for the conduct of the
fund raising;
(e) The type(s) of service(s) to be provided by the commercial fund raiser;
(f) The dates such service(s) will begin and end;
[Title 19 RCW—page 9]
19.09.100
Title 19 RCW: Business Regulations—Miscellaneous
(g) The terms of the agreement between the charitable
organization and commercial fund raiser relating to:
(i) Amount or percentages of amounts to inure to the
charitable organization;
(ii) Limitations placed on the maximum amount to be
raised by the fund raiser, if the amount to inure to the charitable organization is not stated as a percentage of the amount
raised;
(iii) Costs of fund raising that will be the responsibility
of the charitable organization, regardless of whether paid as a
direct expense, deducted from the amounts disbursed, or otherwise; and
(iv) The manner in which contributions received directly
by the charitable organization, not the result of services provided by the commercial fund raiser, will be identified and
used in computing the fee owed to the commercial fund
raiser; and
(h) The names of any entity to which more than ten percent of the total anticipated fund raising cost is to be paid, and
whether any principal officer or owner of the commercial
fund raiser or relative by blood or marriage thereof is an
owner or officer of any such entity.
(3) A correct copy of the contract shall be filed with the
secretary before the commencement of any campaign.
(4) The registration form shall be submitted with a nonrefundable filing fee in an amount to be established by rule of
the secretary and shall be signed by an owner or principal
officer of the commercial fund raiser and the president, treasurer, or comparable officer of the charitable organization.
[1993 c 471 § 7; 1986 c 230 § 10.]
19.09.100 Conditions applicable to solicitations. The
following conditions apply to solicitations as defined by
RCW 19.09.020:
(1) A charitable organization, whether or not required to
register pursuant to this chapter, that directly solicits contributions from the public in this state shall make the following
clear and conspicuous disclosures at the point of solicitation:
(a) The name of the individual making the solicitation;
(b) The identity of the charitable organization and the
city of the principal place of business of the charitable organization;
(c) If requested by the solicitee, the published number in
the office of the secretary for the donor to obtain additional
financial disclosure information on file with the secretary.
(2) A commercial fund raiser shall clearly and conspicuously disclose at the point of solicitation:
(a) The name of the individual making the solicitation;
(b) The name of the entity for which the fund raiser is an
agent or employee and the name and city of the charitable
organization for which the solicitation is being conducted;
and
(c) If requested by the solicitee, the published number in
the office of the secretary for the donor to obtain additional
financial disclosure information on file with the secretary.
The disclosure must be made during an oral solicitation of a
contribution, and at the same time at which a written request
for a contribution is made.
(3) A person or organization soliciting charitable contributions by telephone shall make the disclosures required
under subsection (1) or (2) of this section in the course of the
19.09.100
[Title 19 RCW—page 10]
solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to any solicitee that
makes a pledge within five working days of making the
pledge. If the person or organization sends any materials to
the person or organization solicited before the receipt of any
contribution, those materials shall include the disclosures
required in subsection (1) or (2) of this section, whichever is
applicable.
(4) In the case of a solicitation by advertisement or mass
distribution, including posters, leaflets, automatic dialing
machines, publication, and audio or video broadcasts, it shall
be clearly and conspicuously disclosed in the body of the
solicitation material that:
(a) The solicitation is conducted by a named commercial
fund raiser, if it is;
(b) The notice of solicitation required by the charitable
solicitation act is on file with the secretary's office; and
(c) The potential donor can obtain additional financial
disclosure information at a published number in the office of
the secretary.
(5) A container or vending machine displaying a solicitation must also display in a clear and conspicuous manner the
name of the charitable organization for which funds are solicited, the name, business address, and telephone number of the
individual and any commercial fund raiser responsible for
collecting funds placed in the containers or vending
machines, and the following statement: "This charity is currently registered with the secretary's office under the charitable solicitation act, registration number . . . ."
(6) A commercial fund raiser shall not represent that
tickets to any fund raising event will be donated for use by
another person unless all the following requirements are met:
(a) The commercial fund raiser prior to conducting a
solicitation has written commitments from persons stating
that they will accept donated tickets and specifying the number of tickets they will accept;
(b) The written commitments are kept on file by the
commercial fund raiser for three years and are made available
to the secretary, attorney general, or county prosecutor on
demand;
(c) The contributions solicited for donated tickets may
not be more than the amount representing the number of
ticket commitments received from persons and kept on file
under (a) of this subsection; and
(d) Not later than seven calendar days prior to the date of
the event for which ticket donations are solicited, the commercial fund raiser shall give all donated tickets to the persons who made the written commitments to accept them.
(7) Each person or organization soliciting charitable contributions shall not represent orally or in writing that:
(a) The charitable contribution is tax deductible unless
the charitable organization for which charitable contributions
are being solicited or to which tickets for fund raising events
or other services or goods will be donated, has applied for and
received from the internal revenue service a letter of determination granting tax deductible status to the charitable organization;
(b) The person soliciting the charitable contribution is a
volunteer or words of similar meaning or effect that create the
impression that the person soliciting is not a paid solicitor
unless such person is unpaid for his or her services;
(2004 Ed.)
Charitable Solicitations
(c) The person soliciting the charitable contribution is a
member, staffer, helper, or employee of the charitable organization or words of similar meaning or effect that create the
impression that the person soliciting is not a paid solicitor if
the person soliciting is employed, contracted, or paid by a
commercial fund raiser.
(8) If the charitable organization is associated with, or
has a name that is similar to, any unit of government each
person or organization soliciting contributions shall disclose
to each person solicited whether the charitable organization is
or is not part of any unit of government and the true nature of
its relationship to the unit of government. This subsection
does not apply to a foundation or other charitable organization that is organized, operated, or controlled by or in connection with a registered public charity, including any governmental agency or unit, from which it derives its name.
(9) No person may, in conducting any solicitation, use
the name "police," "sheriff," "fire fighter," "firemen," or a
similar name unless properly authorized by a bona fide
police, sheriff, or fire fighter organization or police, sheriff,
or fire department. A proper authorization shall be in writing
and signed by two authorized officials of the organization or
department and shall be filed with the secretary.
(10) A person may not, in conducting any solicitation,
use the name of a federally chartered or nationally recognized
military veterans' service organization as determined by the
United States veterans' administration unless authorized in
writing by the highest ranking official of that organization in
this state.
(11) A charitable organization shall comply with all local
governmental regulations that apply to soliciting for or on
behalf of charitable organizations.
(12) The advertising material and the general promotional plan for a solicitation shall not be false, misleading, or
deceptive, and shall afford full and fair disclosure.
(13) Solicitations shall not be conducted by a charitable
organization or commercial fund raiser that has, or if a corporation, its officers, directors, or principals have, been convicted of a crime involving solicitations for or on behalf of a
charitable organization in this state, the United States, or any
other state or foreign country within the past ten years or has
been subject to any permanent injunction or administrative
order or judgment under RCW 19.86.080 or 19.86.090,
involving a violation or violations of RCW 19.86.020, within
the past ten years, or of restraining a false or misleading promotional plan involving solicitations for charitable organizations.
(14) No charitable organization or commercial fund
raiser subject to this chapter may use or exploit the fact of
registration under this chapter so as to lead the public to
believe that registration constitutes an endorsement or
approval by the state, but the use of the following is not
deemed prohibited: "Currently registered with the Washington state secretary of state as required by law. Registration
number . . . ."
(15) No entity may engage in any solicitation for contributions for or on behalf of any charitable organization or
commercial fund raiser unless the charitable organization or
commercial fund raiser is currently registered with the secretary.
(2004 Ed.)
19.09.200
(16) No entity may engage in any solicitation for contributions unless it complies with all provisions of this chapter.
(17)(a) No entity may place a telephone call for the purpose of charitable solicitation that will be received by the
solicitee before eight o'clock a.m. or after nine o'clock p.m.
(b) No entity may, while placing a telephone call for the
purpose of charitable solicitation, engage in any conduct the
natural consequence of which is to harass, intimidate, or torment any person in connection with the telephone call.
(18) Failure to comply with subsections (1) through (17)
of this section is a violation of this chapter. [1994 c 287 § 2;
1993 c 471 § 9; 1986 c 230 § 11; 1983 c 265 § 9; 1982 c 227
§ 7; 1977 ex.s. c 222 § 6; 1974 ex.s. c 106 § 3; 1973 1st ex.s.
c 13 § 10.]
Effective date—1982 c 227: "Sections 5 and 6 of this act shall take
effect June 30, 1983. The remaining sections of this act are necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
March 1, 1982." [1982 c 227 § 25.]
Reviser's note: Substitute House Bill No. 778 (1982 c 227), was signed
by the governor April 3, 1982.
19.09.190
19.09.190 Commercial fund raisers—Surety bond.
Every commercial fund raiser who (1) directly or indirectly
receives contributions from the public on behalf of any charitable organization; or (2) is compensated based upon funds
raised or to be raised, number of solicitations made or to be
made, or any other similar method; or (3) incurs or is authorized to incur expenses on behalf of the charitable organization; or (4) has not been registered with the secretary as a
commercial fund raiser for the preceding accounting year
shall execute a surety bond as principal with one or more
sureties whose liability in the aggregate as such sureties will
equal at least fifteen thousand dollars. The secretary may, by
rule, provide for the reduction and reinstatement of the bond
required by this section.
The issuer of the surety bond shall be licensed to do business in this state, and shall promptly notify the secretary
when claims or payments are made against the bond or when
the bond is canceled. The bond shall be filed with the secretary in the form prescribed by the secretary. The bond shall
run to the state and to any person who may have a cause of
action against the obligor of said bond for any malfeasance,
misfeasance, or deceptive practice in the conduct of such
solicitation. [1993 c 471 § 10; 1986 c 230 § 16; 1983 c 265 §
16; 1982 c 227 § 8; 1977 ex.s. c 222 § 9; 1973 1st ex.s. c 13
§ 19.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.200
19.09.200 Books, records, and contracts. (1) Charitable organizations and commercial fund raisers shall maintain
accurate, current, and readily available books and records at
their usual business locations until at least three years have
elapsed following the effective period to which they relate.
(2) All contracts between commercial fund raisers and
charitable organizations shall be in writing, and true and correct copies of such contracts or records thereof shall be kept
on file in the various offices of the charitable organization
and the commercial fund raiser for a three-year period. Such
records and contracts shall be available for inspection and
examination by the attorney general or by the county prose[Title 19 RCW—page 11]
19.09.210
Title 19 RCW: Business Regulations—Miscellaneous
cuting attorney. A copy of such contract or record shall be
submitted by the charitable organization or commercial fund
raiser, within ten days, following receipt of a written demand
therefor from the attorney general or county prosecutor.
[1993 c 471 § 11; 1986 c 230 § 12; 1982 c 227 § 9; 1973 1st
ex.s. c 13 § 20.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.210
19.09.210 Financial statements. Upon the request of
the attorney general or the county prosecutor, a charitable
organization or commercial fund raiser shall submit a financial statement containing, but not limited to, the following
information:
(1) The gross amount of the contributions pledged and
the gross amount collected.
(2) The amount thereof, given or to be given to charitable
purposes represented together with details as to the manner of
distribution as may be required.
(3) The aggregate amount paid and to be paid for the
expenses of such solicitation.
(4) The amounts paid to and to be paid to commercial
fund raisers or charitable organizations.
(5) Copies of any annual or periodic reports furnished by
the charitable organization, of its activities during or for the
same fiscal period, to its parent organization, subsidiaries, or
affiliates, if any. [1993 c 471 § 12; 1986 c 230 § 13; 1983 c
265 § 10; 1982 c 227 § 10; 1977 ex.s. c 222 § 10; 1975 1st
ex.s. c 219 § 1; 1973 1st ex.s. c 13 § 21.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.230
19.09.230 Using the name, symbol, or emblem of
another entity—Filing. No charitable organization, commercial fund raiser, or other entity may knowingly use the
identical or deceptively similar name, symbol, or emblem of
any other entity for the purpose of soliciting contributions
from persons in this state without the written consent of such
other entity. If the official name or the "doing business name"
being registered is the same or deceptively similar as that of
another entity, the secretary may request that a copy of the
written consent from that entity be filed with the registration.
Such consent may be deemed to have been given by anyone
who is a director, trustee, or other authorized officer of that
entity. A copy of the written consent must be kept on file by
the charitable organization or commercial fund raiser and
made available to the secretary, attorney general, or county
prosecutor upon demand.
A person may be deemed to have used the name of
another person for the purpose of soliciting contributions if
such latter person's name is listed on any stationery, advertisement, brochure, or correspondence of the charitable organization or person or if such name is listed or represented to
any one who has contributed to, sponsored, or endorsed the
charitable organization or person, or its or his activities.
The secretary may revoke or deny any application for
registration that violates this section. [1994 c 287 § 3; 1993 c
471 § 13; 1986 c 230 § 14; 1982 c 227 § 11; 1973 1st ex.s. c
13 § 23.]
Effective date—1982 c 227: See note following RCW 19.09.100.
[Title 19 RCW—page 12]
19.09.240 Using similar name, symbol, emblem, or
statement. No charitable organization, commercial fund
raiser, or other person soliciting contributions for or on behalf
of a charitable organization may use a name, symbol,
emblem, or statement so closely related or similar to that used
by another charitable organization or governmental agency
that the use thereof would tend to confuse or mislead the public. The secretary may revoke or deny any application for registration that violates this section.
This section does not apply to a foundation or other charitable organization that is organized, operated, or controlled
by or in connection with a registered public charity, including
any governmental agency or unit, from which it derives its
name. [1993 c 471 § 14; 1986 c 230 § 15; 1973 1st ex.s. c 13
§ 24.]
19.09.240
19.09.271 Failure to register—Late filing fee—Notice
to attorney general. (1) Any charitable organization or
commercial fund raiser who, after notification by the secretary, fails to properly register under this chapter by the end of
the first business day following the issuance of the notice, is
liable for a late filing fee in an amount to be established by
rule of the secretary. The late filing fee is in addition to any
other filing fee provided by this chapter.
(2) The secretary shall notify the attorney general of any
entity liable for late filing fees under subsection (1) of this
section. [1993 c 471 § 8; 1986 c 230 § 17.]
19.09.271
19.09.275 Violations—Penalties. (1) Any person who
knowingly violates any provision of this chapter or who
knowingly gives false or incorrect information to the secretary, attorney general, or county prosecuting attorney in filing
statements required by this chapter, whether or not such statement or report is verified is guilty of a gross misdemeanor
punishable under chapter 9A.20 RCW.
(2) Any person who violates any provisions of this chapter or who gives false or incorrect information to the secretary, attorney general, or county prosecuting attorney in filing
statements required by this chapter, whether or not such statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW. [2003 c 53 § 142; 1993 c
471 § 15; 1986 c 230 § 18; 1983 c 265 § 11; 1982 c 227 § 12;
1977 ex.s. c 222 § 14.]
19.09.275
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.276 Waiver of rule-set penalties—Notice by
organization seeking relief—Investigation. The secretary
may waive penalties that have been set by rule and assessed
by the secretary due from a registered charitable organization
previously in good standing that would otherwise be penalized. A charitable organization desiring to seek relief under
this section must, within fifteen days of discovery by its corporate officials, director, or other authorized officer of the
missed filing or lapse, notify the secretary in writing. The
notification must include the name and mailing address of the
organization, the organization's officer to whom correspondence should be sent, and a statement under oath by a responsible officer of the organization, setting forth the nature of the
missed filing or lapse, the circumstances giving rise to the
19.09.276
(2004 Ed.)
Charitable Solicitations
missed filing or lapse, and the relief sought. Upon receipt of
the notice, the secretary shall investigate the circumstances of
the missed filing or lapse. If the secretary is satisfied that sufficient exigent or mitigating circumstances exist, that the
organization has demonstrated good faith and a reasonable
attempt to comply with the applicable corporate statutes of
this state, the secretary may issue an order allowing relief
from the penalty. If the secretary determines the request does
not comply with the requirements for relief, the secretary
shall deny the relief and state the reasons for the denial. Notwithstanding chapter 34.05 RCW, a denial of relief by the
secretary is not reviewable. [1994 c 287 § 4.]
19.09.277
19.09.277 Violations—Attorney general—Cease and
desist order—Temporary order. If it appears to the attorney general that a person has engaged or is about to engage in
an act or practice constituting a violation of a provision of
this chapter or a rule adopted or order issued under this chapter, the attorney general may, in the attorney general's discretion, issue an order directing the person to cease and desist
from continuing the act or practice. Reasonable notice of and
opportunity for a hearing shall be given. The attorney general
may issue a temporary order pending the hearing, which shall
remain in effect until ten days after the hearing is held and
which shall become final if the person to whom the notice is
addressed does not request a hearing within fifteen days after
the receipt of the notice. [1993 c 471 § 20.]
19.09.400
service so had on the secretary shall be returnable in not less
than thirty days.
Any fee under this section shall be taxable as costs in the
action.
The secretary shall maintain a record of all process
served on the secretary under this section, and shall record
the date of service and the secretary's action with reference
thereto.
Nothing in this section limits or affects the right to serve
process required or permitted to be served on a registrant in
any other manner now or hereafter permitted by law. [1993 c
471 § 16; 1983 c 265 § 7.]
19.09.315
19.09.315 Forms and procedures—Filing of financial
statement—Publications—Fee. (1) The secretary may
establish, by rule, standard forms and procedures for the efficient administration of this chapter.
(2) The secretary may provide by rule for the filing of a
financial statement by registered entities.
(3) The secretary may issue such publications, reports, or
information from the records as may be useful to the solicited
public and charitable organizations. To defray the costs of
any such publication, the secretary is authorized to charge a
reasonable fee to cover the costs of preparing, printing, and
distributing such publications. [1993 c 471 § 17; 1983 c 265
§ 17.]
19.09.340
19.09.279
19.09.279 Violations—Secretary of state—Penalty—
Hearing—Recovery in superior court. (1) The secretary
may assess against any person or organization who violates
this chapter, or any rule adopted under this chapter, a civil
penalty of not more than one thousand dollars for each violation.
(2) Such person or organization shall be afforded the
opportunity for a hearing, upon request made to the secretary
within thirty days after the date of issuance of the notice of
assessment. The hearing shall be conducted in accordance
with chapter 34.05 RCW.
(3) If any person fails to pay an assessment after it has
become a final and unappealable order, or after the court has
entered final judgment in favor of the state, the attorney general may recover the amount assessed by action in the appropriate superior court. In such action, the validity and appropriateness of the final order imposing the penalty shall not be
subject to review. [2002 c 74 § 3; 1993 c 471 § 21.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
19.09.305
19.09.305 Service on secretary when registrant not
found—Procedure—Fee—Costs. When a person or an
organization registered under this chapter, or its president,
treasurer, or comparable officers, cannot be found after reasonably diligent effort, the secretary of state shall be an agent
of such person or organization upon whom process may be
served. Service on the secretary shall be made by delivering
to the secretary or the secretary's designee duplicate copies of
such process, and a filing fee to be established by rule of the
secretary. Thereupon, the secretary shall immediately cause
one of the copies thereof to be forwarded to the registrant at
the most current address shown in the secretary's files. Any
(2004 Ed.)
19.09.340 Violations deemed unfair practice under
chapter 19.86 RCW—Application of chapter 9.04
RCW—Procedure. (1) The commission by any person of
an act or practice prohibited by this chapter is hereby
declared to be an unfair act or practice or unfair method of
competition in the conduct of trade or commerce for the purpose of application of the Consumer Protection Act, chapter
19.86 RCW.
(2) The secretary may refer such evidence, as may be
available, concerning violations of this chapter to the attorney
general or the prosecuting attorney of the county wherein the
alleged violation arose. In addition to any other action they
might commence, the attorney general or the county prosecuting attorney may bring an action in the name of the state,
with or without such reference, against any person to restrain
and prevent the doing of any act or practice prohibited by this
chapter: PROVIDED, That this chapter shall be considered
in conjunction with chapters 9.04 and 19.86 RCW, as now or
hereafter amended, and the powers and duties of the attorney
general and the prosecuting attorney as they may appear in
the aforementioned chapters, shall apply against all persons
subject to this chapter. [1983 c 265 § 12; 1982 c 227 § 13;
1973 1st ex.s. c 13 § 34.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.355
19.09.355 Moneys to be transmitted to general fund.
All fees and other moneys received by the secretary of state
under this chapter shall be transmitted to the state treasurer
for deposit in the state general fund. [1983 c 265 § 18.]
19.09.400
19.09.400 Attorney general—Investigations—Publication of information. The attorney general, in the attorney
general's discretion, may:
[Title 19 RCW—page 13]
19.09.410
Title 19 RCW: Business Regulations—Miscellaneous
(1) Annually, or more frequently, make such public or
private investigations within or without this state as the attorney general deems necessary to determine whether any registration should be granted, denied, revoked, or suspended, or
whether any person has violated or is about to violate a provision of this chapter or any rule adopted or order issued
under this chapter, or to aid in the enforcement of this chapter
or in the prescribing of rules and forms under this chapter;
and
(2) Publish information concerning a violation of this
chapter or a rule adopted or order issued under this chapter.
[1993 c 471 § 18.]
19.09.410
19.09.410 Attorney general—Investigations—Powers—Superior court may compel. For the purpose of any
investigation or proceeding under this chapter, the attorney
general or any officer designated by the attorney general may
administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda,
agreements, or other documents or records which the attorney
general deems relevant or material to the inquiry.
In case of willful failure on the part of a person to comply with a subpoena lawfully issued by the attorney general
or on the refusal of a witness to testify to matters regarding
which the witness may be lawfully interrogated, the superior
court of a county, on application of the attorney general and
after satisfactory evidence of willful disobedience, may compel obedience by proceedings for contempt, as in the case of
disobedience of a subpoena issued from the court or a refusal
to testify therein. [1993 c 471 § 19.]
(2) The secretary of state may use the latest information
obtained pursuant to RCW 19.09.075 or otherwise under
chapter 19.09 RCW to prepare the report. [1993 c 471 § 42.]
19.09.910
19.09.910 Severability—1973 1st ex.s. c 13. The provisions of this chapter are severable, and if any part or provision hereof shall be void, the decision of the court so holding
shall not affect or impair any of the remaining parts or provisions of this chapter. [1973 1st ex.s. c 13 § 38.]
19.09.911
19.09.911 Severability—1983 c 265. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1983 c 265 § 20.]
19.09.912 Effective date—1983 c 265. With the exception of section 19 of this act, this act shall take effect January
1, 1984. [1983 c 265 § 21.]
19.09.912
Reviser's note: "Section 19 of this act" is an uncodified appropriation
section.
19.09.913 Effective date—1986 c 230. This act shall
take effect on January 1, 1987. [1986 c 230 § 21.]
19.09.913
19.09.914
19.09.914 Severability—1993 c 471. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 471 § 43.]
19.09.915 Effective date—1993 c 471. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 471 § 44.]
19.09.915
19.09.420
19.09.420 Copies of information for attorney general.
The secretary shall provide the attorney general with copies
of or direct electronic access to all registrations, reports, or
other information filed under this chapter. [1993 c 471 § 23.]
19.09.430
19.09.430 Administrative procedure act to govern
administration. The administrative procedure act, chapter
34.05 RCW, shall wherever applicable govern the rights,
remedies, and procedures respecting the administration of
this chapter. [1993 c 471 § 22.]
19.09.440
19.09.440 Annual report by secretary of state. (1)
Annually, the secretary of state shall publish a report indicating:
(a) For each charitable organization registered under
RCW 19.09.065 the percentage relationship between (i) the
total amount of money applied to charitable purposes; and (ii)
the dollar value of support received from solicitations and
received from all other sources on behalf of the charitable
purpose of the organization;
(b) For each commercial fund raiser registered under
RCW 19.09.065 the percentage relationship between (i) the
amount of money disbursed to charitable organizations for
charitable purposes; and (ii) the total value of contributions
received on behalf of charitable organizations by the commercial fund raiser; and
(c) Such other information as the secretary of state
deems appropriate.
[Title 19 RCW—page 14]
Chapter 19.16
Chapter 19.16 RCW
COLLECTION AGENCIES
Sections
19.16.100
19.16.110
19.16.120
19.16.130
19.16.140
19.16.150
19.16.160
19.16.170
19.16.180
19.16.190
19.16.200
19.16.210
19.16.220
19.16.230
19.16.240
19.16.245
19.16.250
19.16.260
19.16.270
19.16.280
19.16.290
19.16.300
19.16.310
Definitions.
License required.
Unprofessional conduct—Support order, noncompliance.
License—Application—Form—Contents.
License—Application—Fees—Exemptions.
Branch office certificate required.
License and branch office certificate—Form—Contents—Display.
Procedure upon change of name or business location.
Assignability of license or branch office certificate.
Surety bond requirements—Cash deposit or securities—
Exception.
Action on bond, cash deposit or securities.
Accounting and payments by licensee to customer.
Accounting and payments by customer to licensee.
Licensee—Business office—Records to be kept.
Licensee—Trust fund account—Exception.
Financial statement.
Prohibited practices.
Licensing prerequisite to suit.
Presumption of validity of assignment.
Board created—Composition of board—Qualification of
members.
Board—Initial members—Terms—Oath—Removal.
Board meetings—Quorum—Effect of vacancy.
Board—Compensation—Reimbursement of travel expenses.
(2004 Ed.)
Collection Agencies
19.16.320
19.16.330
19.16.340
19.16.351
19.16.390
19.16.410
19.16.420
19.16.430
19.16.440
19.16.450
19.16.460
19.16.470
19.16.480
19.16.500
19.16.510
19.16.900
19.16.910
19.16.920
19.16.930
19.16.940
19.16.950
19.16.100
Board—Territorial scope of operations.
Board—Immunity from suit.
Board—Records.
Additional powers and duties of board.
Personal service of process outside state.
Rules, orders, decisions, etc.
Copy of this chapter, rules and regulations available to licensee.
Violations—Operating agency without a license—Penalty—
Return of fees or compensation.
Violations of RCW 19.16.110 and 19.16.250 are unfair and
deceptive trade practices under chapter 19.86 RCW.
Violation of RCW 19.16.250—Additional penalty.
Violations may be enjoined.
Violations—Assurance of discontinuance—Effect.
Violation of injunction—Civil penalty.
Public bodies may retain collection agencies to collect public
debts—Fees.
Uniform regulation of business and professions act.
Provisions cumulative—Violation of RCW 19.16.250 deemed
civil.
Severability—1971 ex.s. c 253.
Provisions exclusive—Authority of political subdivisions to
levy business and occupation taxes not affected.
Effective date—1971 ex.s. c 253.
Short title.
Section headings.
19.16.100 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the following meanings:
(1) "Person" includes individual, firm, partnership, trust,
joint venture, association, or corporation.
(2) "Collection agency" means and includes:
(a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to collect claims owed or due or asserted to be owed or due another
person;
(b) Any person who directly or indirectly furnishes or
attempts to furnish, sells, or offers to sell forms represented to
be a collection system or scheme intended or calculated to be
used to collect claims even though the forms direct the debtor
to make payment to the creditor and even though the forms
may be or are actually used by the creditor himself or herself
in his or her own name;
(c) Any person who in attempting to collect or in collecting his or her own claim uses a fictitious name or any name
other than his or her own which would indicate to the debtor
that a third person is collecting or attempting to collect such
claim.
(3) "Collection agency" does not mean and does not
include:
(a) Any individual engaged in soliciting claims for collection, or collecting or attempting to collect claims on behalf
of a licensee under this chapter, if said individual is an
employee of the licensee;
(b) Any individual collecting or attempting to collect
claims for not more than one employer, if all the collection
efforts are carried on in the name of the employer and if the
individual is an employee of the employer;
(c) Any person whose collection activities are carried on
in his, her, or its true name and are confined and are directly
related to the operation of a business other than that of a collection agency, such as but not limited to: Trust companies;
savings and loan associations; building and loan associations;
abstract companies doing an escrow business; real estate brokers; property management companies collecting assess(2004 Ed.)
19.16.110
ments, charges, or fines on behalf of condominium unit owners associations, associations of apartment owners, or homeowners' associations; public officers acting in their official
capacities; persons acting under court order; lawyers; insurance companies; credit unions; loan or finance companies;
mortgage banks; and banks;
(d) Any person who on behalf of another person prepares
or mails monthly or periodic statements of accounts due if all
payments are made to that other person and no other collection efforts are made by the person preparing the statements
of account;
(e) An "out-of-state collection agency" as defined in this
chapter; or
(f) Any person while acting as a debt collector for
another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as
a debt collector does so only for persons to whom it is so
related or affiliated and if the principal business of the person
is not the collection of debts.
(4) "Out-of-state collection agency" means a person
whose activities within this state are limited to collecting
debts from debtors located in this state by means of interstate
communications, including telephone, mail, or facsimile
transmission, from the person's location in another state on
behalf of clients located outside of this state, but does not
include any person who is excluded from the definition of the
term "debt collector" under the federal fair debt collection
practices act (15 U.S.C. Sec. 1692a(6)).
(5) "Claim" means any obligation for the payment of
money or thing of value arising out of any agreement or contract, express or implied.
(6) "Statement of account" means a report setting forth
only amounts billed, invoices, credits allowed, or aged balance due.
(7) "Director" means the director of licensing.
(8) "Client" or "customer" means any person authorizing
or employing a collection agency to collect a claim.
(9) "Licensee" means any person licensed under this
chapter.
(10) "Board" means the Washington state collection
agency board.
(11) "Debtor" means any person owing or alleged to owe
a claim.
(12) "Commercial claim" means any obligation for payment of money or thing of value arising out of any agreement
or contract, express or implied, where the transaction which
is the subject of the agreement or contract is not primarily for
personal, family, or household purposes. [2003 c 203 § 1.
Prior: 2001 c 47 § 1; 2001 c 43 § 1; 1994 c 195 § 1; 1990 c
190 § 1; 1979 c 158 § 81; 1971 ex.s. c 253 § 1.]
19.16.110 License required. No person shall act,
assume to act, or advertise as a collection agency or out-ofstate collection agency as defined in this chapter, except as
authorized by this chapter, without first having applied for
and obtained a license from the director.
Nothing contained in this section shall be construed to
require a regular employee of a collection agency or out-ofstate collection agency duly licensed under this chapter to
procure a collection agency license. [1994 c 195 § 2; 1971
ex.s. c 253 § 2.]
19.16.110
[Title 19 RCW—page 15]
19.16.120
19.16.120
Title 19 RCW: Business Regulations—Miscellaneous
19.16.120 Unprofessional conduct—Support order,
noncompliance. In addition to other provisions of this chapter, and the unprofessional conduct described in RCW
18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
(1) If an individual applicant or licensee is less than eighteen years of age or is not a resident of this state.
(2) If an applicant or licensee is not authorized to do
business in this state.
(3) If the application or renewal forms required by this
chapter are incomplete, fees required under RCW 19.16.140
and 19.16.150, if applicable, have not been paid, and the
surety bond or cash deposit or other negotiable security
acceptable to the director required by RCW 19.16.190, if
applicable, has not been filed or renewed or is canceled.
(4) If any individual applicant, owner, officer, director,
or managing employee of a nonindividual applicant or licensee:
(a) Has had any judgment entered against him or her in
any civil action involving forgery, embezzlement, obtaining
money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date
of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the
judgment debt has been discharged;
(b) Has had his or her license to practice law suspended
or revoked and two years have not elapsed since the date of
such suspension or revocation, unless he or she has been relicensed to practice law in this state;
(c) Has had any judgment entered against such a person
under the provisions of RCW 19.86.080 or 19.86.090 involving a violation or violations of RCW 19.86.020 and two years
have not elapsed since the entry of the final judgment: PROVIDED, That in no event shall a license be issued unless the
terms of such judgment, if any, have been fully complied
with: PROVIDED FURTHER, That said judgment shall not
be grounds for denial, suspension, nonrenewal, or revocation
of a license unless the judgment arises out of and is based on
acts of the applicant, owner, officer, director, managing
employee, or licensee while acting for or as a collection
agency or an out-of-state collection agency;
(d) Has petitioned for bankruptcy, and two years have
not elapsed since the filing of the petition;
(e) Is insolvent in the sense that the person's liabilities
exceed the person's assets or in the sense that the person cannot meet obligations as they mature;
(f) Has failed to pay any civil, monetary penalty assessed
in accordance with RCW 19.16.351 within ten days after the
assessment becomes final;
(g) Has failed to comply with, or violated any provisions
of this chapter or any rule or regulation issued pursuant to this
chapter, and two years have not elapsed since the occurrence
of said noncompliance or violation; or
(h) Has been found by a court of competent jurisdiction
to have violated the federal fair debt collection practices act,
15 U.S.C. Sec. 1692 et seq., or the Washington state consumer protection act, chapter 19.86 RCW, and two years
have not elapsed since that finding.
Except as otherwise provided in this section, any person
who is engaged in the collection agency business as of January 1, 1972, shall, upon filing the application, paying the fees,
[Title 19 RCW—page 16]
and filing the surety bond or cash deposit or other negotiable
security in lieu of bond required by this chapter, be issued a
license under this chapter.
The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [2002 c 86 § 266; 1997 c 58 § 847; 1994 c 195 § 3;
1977 ex.s. c 194 § 1; 1973 1st ex.s. c 20 § 1; 1971 ex.s. c 253
§ 3.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.16.130
19.16.130 License—Application—Form—Contents.
Every application for a license shall be in writing, under oath,
and in the form prescribed by the director.
Every application shall contain such relevant information as the director may require.
The applicant shall furnish the director with such evidence as the director may reasonably require to establish that
the requirements and qualifications for a licensee have been
fulfilled by the applicant.
Every application for a license shall state, among other
things that may be required, the name of the applicant with
the name under which the applicant will do business and the
location by street and number, city and state of each office of
the business for which the license is sought.
No license shall be issued in any fictitious name which
may be confused with or which is similar to any federal, state,
county, or municipal governmental function or agency or in
any name which may tend to describe any business function
or enterprise not actually engaged in by the applicant or in
any name which is the same as or so similar to that of any
existing licensee as would tend to deceive the public or in any
name which would otherwise tend to be deceptive or misleading. The foregoing shall not necessarily preclude the use
of a name which may be followed by a geographically
descriptive title which would distinguish it from a similar
name licensed but operating in a different geographical area.
[1971 ex.s. c 253 § 4.]
19.16.140
19.16.140 License—Application—Fees—Exemptions. Each applicant when submitting his application shall
pay a licensing fee and an investigation fee determined by the
director as provided in RCW 43.24.086. The licensing fee for
an out-of-state collection agency shall not exceed fifty percent of the licensing fee for a collection agency. An out-ofstate collection agency is exempt from the licensing fee if the
agency is licensed or registered in a state that does not require
(2004 Ed.)
Collection Agencies
payment of an initial fee by any person who collects debts in
the state only by means of interstate communications from
the person's location in another state. If a license is not issued
in response to the application, the license fee shall be
returned to the applicant.
An annual license fee determined by the director as provided in RCW 43.24.086 shall be paid to the director on or
before January first of each year. The annual license fee for
an out-of-state collection agency shall not exceed fifty percent of the annual license fee for a collection agency. An outof-state collection agency is exempt from the annual license
fee if the agency is licensed or registered in a state that does
not require payment of an annual fee by any person who collects debts in the state only by means of interstate communications from the person's location in another state. If the
annual license fee is not paid on or before January first, the
licensee shall be assessed a penalty for late payment in an
amount determined by the director as provided in RCW
43.24.086. If the fee and penalty are not paid by January
thirty-first, it will be necessary for the licensee to submit a
new application for a license: PROVIDED, That no license
shall be issued upon such new application unless and until all
fees and penalties previously accrued under this section have
been paid.
Any license or branch office certificate issued under the
provisions of this chapter shall expire on December thirtyfirst following the issuance thereof. [1994 c 195 § 4; 1985 c
7 § 81; 1975 1st ex.s. c 30 § 90; 1971 ex.s. c 253 § 5.]
19.16.150
19.16.150 Branch office certificate required. If a licensee maintains a branch office, he or it shall not operate a
collection agency business in such branch office until he or it
has secured a branch office certificate therefor from the director. A licensee, so long as his or its license is in full force and
effect and in good standing, shall be entitled to branch office
certificates for any branch office operated by such licensee
upon payment of the fee therefor provided in this chapter.
Each licensee when applying for a branch office certificate shall pay a fee determined by the director as provided in
RCW 43.24.086. An annual fee determined by the director as
provided in RCW 43.24.086 for a branch office certificate
shall be paid to the director on or before January first of each
year. If the annual fee is not paid on or before January first, a
penalty for late payment in an amount determined by the
director as provided in RCW 43.24.086 shall be assessed. If
the fee and the penalty are not paid by January thirty-first, it
will be necessary for the licensee to apply for a new branch
office certificate: PROVIDED, That no such new branch
office certificate shall be issued unless and until all fees and
penalties previously accrued under this section have been
paid. [1985 c 7 § 82; 1975 1st ex.s. c 30 § 91; 1971 ex.s. c
253 § 6.]
19.16.160
19.16.160 License and branch office certificate—
Form—Contents—Display. Each license and branch office
certificate, when issued, shall be in the form and size prescribed by the director and shall state in addition to any other
matter required by the director:
(1) The name of the licensee;
(2) The name under which the licensee will do business;
(2004 Ed.)
19.16.190
(3) The address at which the collection agency business
is to be conducted; and
(4) The number and expiration date of the license or
branch office certificate.
A licensee shall display his or its license in a conspicuous place in his or its principal place of business and, if he or
it conducts a branch office, the branch office certificate shall
be conspicuously displayed in the branch office.
Concurrently with or prior to engaging in any activity as
a collection agency, as defined in this chapter, any person
shall furnish to his or its client or customer the number indicated on the collection agency license issued to him pursuant
to this section. [1973 1st ex.s. c 20 § 2; 1971 ex.s. c 253 § 7.]
19.16.170
19.16.170 Procedure upon change of name or business location. Whenever a licensee shall contemplate a
change of his or its trade name or a change in the location of
his or its principal place of business or branch office, he or it
shall give written notice of such proposed change to the
director. The director shall approve the proposed change and
issue a new license or a branch office certificate, as the case
may be, reflecting the change. [1971 ex.s. c 253 § 8.]
19.16.180
19.16.180 Assignability of license or branch office
certificate. (1) Except as provided in subsection (2) of this
section, a license or branch office certificate granted under
this chapter is not assignable or transferable.
(2) Upon the death of an individual licensee, the director
shall have the right to transfer the license and any branch
office certificate of the decedent to the personal representative of his estate for the period of the unexpired term of the
license and such additional time, not to exceed one year from
the date of death of the licensee, as said personal representative may need in order to settle the deceased's estate or sell
the collection agency. [1971 ex.s. c 253 § 9.]
19.16.190
19.16.190 Surety bond requirements—Cash deposit
or securities—Exception. (1) Except as limited by subsection (7) of this section, each applicant shall, at the time of
applying for a license, file with the director a surety bond in
the sum of five thousand dollars. The bond shall be annually
renewable on January first of each year, shall be approved by
the director as to form and content, and shall be executed by
the applicant as principal and by a surety company authorized
to do business in this state as surety. Such bond shall run to
the state of Washington as obligee for the benefit of the state
and conditioned that the licensee shall faithfully and truly
perform all agreements entered into with the licensee's clients
or customers and shall, within thirty days after the close of
each calendar month, account to and pay to his client or customer the net proceeds of all collections made during the preceding calendar month and due to each client or customer less
any offsets due licensee under RCW 19.16.210 and
19.16.220. The bond required by this section shall remain in
effect until canceled by action of the surety or the licensee or
the director.
(2) An applicant for a license under this chapter may furnish, file, and deposit with the director, in lieu of the surety
bond provided for herein, a cash deposit or other negotiable
security acceptable to the director. The security deposited
[Title 19 RCW—page 17]
19.16.200
Title 19 RCW: Business Regulations—Miscellaneous
with the director in lieu of the surety bond shall be returned to
the licensee at the expiration of one year after the collection
agency's license has expired or been revoked if no legal
action has been instituted against the licensee or on said security deposit at the expiration of said one year.
(3) A surety may file with the director notice of his or its
withdrawal on the bond of the licensee. Upon filing a new
bond or upon the revocation of the collection agency license
or upon the expiration of sixty days after the filing of notice
of withdrawal as surety by the surety, the liability of the
former surety for all future acts of the licensee shall terminate.
(4) The director shall immediately cancel the bond given
by a surety company upon being advised that the surety company's license to transact business in this state has been
revoked.
(5) Upon the filing with the director of notice by a surety
of his withdrawal as the surety on the bond of a licensee or
upon the cancellation by the director of the bond of a surety
as provided in this section, the director shall immediately
give notice to the licensee of the withdrawal or cancellation.
The notice shall be sent to the licensee by registered or certified mail with request for a return receipt and addressed to the
licensee at his or its main office as shown by the records of
the director. At the expiration of thirty days from the date of
mailing the notice, the license of the licensee shall be terminated, unless the licensee has filed a new bond with a surety
satisfactory to the director.
(6) All bonds given under this chapter shall be filed and
held in the office of the director.
(7) An out-of-state collection agency need not fulfill the
bonding requirements under this section if the out-of-state
collection agency maintains an adequate bond or legal alternative as required by the state in which the out-of-state collection agency is located. [1994 c 195 § 5; 1971 ex.s. c 253 §
10.]
19.16.200
19.16.200 Action on bond, cash deposit or securities.
In addition to all other legal remedies, an action may be
brought in any court of competent jurisdiction upon the bond
or cash deposit or security in lieu thereof, required by RCW
19.16.190, by any person to whom the licensee fails to
account and pay as set forth in such bond or by any client or
customer of the licensee who has been damaged by failure of
the licensee to comply with all agreements entered into with
such client or customer: PROVIDED, That the aggregate liability of the surety to all such clients or customers shall in no
event exceed the sum of such bond.
An action upon such bond or security shall be commenced by serving and filing of the complaint within one
year from the date of the cancellation of the bond or, in the
case of a cash deposit or other security deposited in lieu of the
surety bond, within one year of the date of expiration or revocation of license: PROVIDED, That no action shall be maintained upon such bond or such cash deposit or other security
for any claim which has been barred by any nonclaim statute
or statute of limitations of this state. Two copies of the complaint shall be served by registered or certified mail upon the
director at the time the suit is started. Such service shall constitute service on the surety. The director shall transmit one of
[Title 19 RCW—page 18]
said copies of the complaint served on him to the surety
within forty-eight hours after it shall have been received.
The director shall maintain a record, available for public
inspection, of all suits commenced under this chapter upon
surety bonds, or the cash or other security deposited in lieu
thereof.
In the event of a judgment being entered against the
deposit or security referred to in RCW 19.16.190(2), the
director shall, upon receipt of a certified copy of a final judgment, pay said judgment from the amount of the deposit or
security. [1971 ex.s. c 253 § 11.]
19.16.210
19.16.210 Accounting and payments by licensee to
customer. A licensee shall within thirty days after the close
of each calendar month account in writing to his or its customers for all collections made during that calendar month
and pay to his or its customers the net proceeds due and payable of all collections made during that calendar month
except that a licensee need not account to the customer for:
(1) Court costs recovered which were previously
advanced by licensee or his or its attorney.
(2) Attorney's fees and interest or other charges incidental to the principal amount of the obligation legally and properly belonging to the licensee, if such charges are retained by
the licensee after the principal amount of the obligation has
been accounted for and remitted to the customer. When the
net proceeds are less than ten dollars at the end of any calendar month, payments may be deferred for a period not to
exceed three months. [1971 ex.s. c 253 § 12.]
19.16.220
19.16.220 Accounting and payments by customer to
licensee. Every customer of a licensee shall, within thirty
days after the close of each calendar month, account and pay
to his or its collection agency all sums owing to the collection
agency for payments received by the customer during that
calendar month on claims in the hands of the collection
agency.
If a customer fails to pay a licensee any sums due under
this section, the licensee shall, in addition to other remedies
provided by law, have the right to offset any moneys due the
licensee under this section against any moneys due customer
under RCW 19.16.210. [1971 ex.s. c 253 § 13.]
19.16.230
19.16.230 Licensee—Business office—Records to be
kept. (1) Every licensee required to keep and maintain
records pursuant to this section, other than an out-of-state
collection agency, shall establish and maintain a regular
active business office in the state of Washington for the purpose of conducting his or its collection agency business. Said
office must be open to the public during reasonable stated
business hours, and must be managed by a resident of the
state of Washington.
(2) Every licensee shall keep a record of all sums collected by him or it and all disbursements made by him or it.
All such records shall be kept at the business office referred
to in subsection (1) of this section, unless the licensee is an
out-of-state collection agency, in which case the record shall
be kept at the business office listed on the licensee's license.
(3) Licensees shall maintain and preserve accounting
records of collections and payments to customers for a period
(2004 Ed.)
Collection Agencies
of four years from the date of the last entry thereon. [1994 c
195 § 6; 1987 c 85 § 1; 1973 1st ex.s. c 20 § 3; 1971 ex.s. c
253 § 14.]
19.16.240
19.16.240 Licensee—Trust fund account—Exception. Each licensee, other than an out-of-state collection
agency, shall at all times maintain a separate bank account in
this state in which all moneys collected by the licensee shall
be deposited except that negotiable instruments received may
be forwarded directly to a customer. Moneys received must
be deposited within ten days after posting to the book of
accounts. In no event shall moneys received be disposed of in
any manner other than to deposit such moneys in said account
or as provided in this section.
The bank account shall bear some title sufficient to distinguish it from the licensee's personal or general checking
account, such as "Customer's Trust Fund Account". There
shall be sufficient funds in said trust account at all times to
pay all moneys due or owing to all customers and no disbursements shall be made from such account except to customers or to remit moneys collected from debtors on assigned
claims and due licensee's attorney or to refund over payments
except that a licensee may periodically withdraw therefrom
such moneys as may accrue to licensee.
Any money in such trust account belonging to a licensee
may be withdrawn for the purpose of transferring the same
into the possession of licensee or into a personal or general
account of licensee. [1994 c 195 § 7; 1971 ex.s. c 253 § 15.]
19.16.245
19.16.245 Financial statement. No licensee shall
receive any money from any debtor as a result of the collection of any claim until he or it shall have submitted a financial
statement showing the assets and liabilities of the licensee
truly reflecting that the licensee's net worth is not less than
the sum of seven thousand five hundred dollars, in cash or its
equivalent, of which not less than five thousand dollars shall
be deposited in a bank, available for the use of the licensee's
business. Any money so collected shall be subject to the provisions of RCW 19.16.430(2). The financial statement shall
be sworn to by the licensee, if the licensee is an individual, or
by a partner, officer, or manager in its behalf if the licensee is
a partnership, corporation, or unincorporated association.
The information contained in the financial statement shall be
confidential and not a public record, but is admissible in evidence at any hearing held, or in any action instituted in a
court of competent jurisdiction, pursuant to the provisions of
this chapter: PROVIDED, That this section shall not apply to
those persons holding a valid license issued pursuant to this
chapter on July 16, 1973. [1973 1st ex.s. c 20 § 9.]
19.16.250
19.16.250 Prohibited practices. No licensee or
employee of a licensee shall:
(1) Directly or indirectly aid or abet any unlicensed person to engage in business as a collection agency in this state
or receive compensation from such unlicensed person: PROVIDED, That nothing in this chapter shall prevent a licensee
from accepting, as forwardee, claims for collection from a
collection agency or attorney whose place of business is outside the state.
(2004 Ed.)
19.16.250
(2) Collect or attempt to collect a claim by the use of any
means contrary to the postal laws and regulations of the
United States postal department.
(3) Publish or post or cause to be published or posted,
any list of debtors commonly known as "bad debt lists" or
threaten to do so. For purposes of this chapter, a "bad debt
list" means any list of natural persons alleged to fail to honor
their lawful debts. However, nothing herein shall be construed to prohibit a licensee from communicating to its customers or clients by means of a coded list, the existence of a
check dishonored because of insufficient funds, not sufficient
funds or closed account by the financial institution servicing
the debtor's checking account: PROVIDED, That the
debtor's identity is not readily apparent: PROVIDED FURTHER, That the licensee complies with the requirements of
subsection (9)(e) of this section.
(4) Have in his possession or make use of any badge, use
a uniform of any law enforcement agency or any simulation
thereof, or make any statements which might be construed as
indicating an official connection with any federal, state,
county, or city law enforcement agency, or any other governmental agency, while engaged in collection agency business.
(5) Perform any act or acts, either directly or indirectly,
constituting the practice of law.
(6) Advertise for sale or threaten to advertise for sale any
claim as a means of endeavoring to enforce payment thereof
or agreeing to do so for the purpose of soliciting claims,
except where the licensee has acquired claims as an assignee
for the benefit of creditors or where the licensee is acting
under court order.
(7) Use any name while engaged in the making of a
demand for any claim other than the name set forth on his or
its current license issued hereunder.
(8) Give or send to any debtor or cause to be given or
sent to any debtor, any notice, letter, message, or form which
represents or implies that a claim exists unless it shall indicate in clear and legible type:
(a) The name of the licensee and the city, street, and
number at which he is licensed to do business;
(b) The name of the original creditor to whom the debtor
owed the claim if such name is known to the licensee or
employee: PROVIDED, That upon written request of the
debtor, the licensee shall make a reasonable effort to obtain
the name of such person and provide this name to the debtor;
(c) If the notice, letter, message, or form is the first
notice to the debtor or if the licensee is attempting to collect
a different amount than indicated in his or its first notice to
the debtor, an itemization of the claim asserted must be made
including:
(i) Amount owing on the original obligation at the time it
was received by the licensee for collection or by assignment;
(ii) Interest or service charge, collection costs, or late
payment charges, if any, added to the original obligation by
the original creditor, customer or assignor before it was
received by the licensee for collection, if such information is
known by the licensee or employee: PROVIDED, That upon
written request of the debtor, the licensee shall make a reasonable effort to obtain information on such items and provide this information to the debtor;
[Title 19 RCW—page 19]
19.16.250
Title 19 RCW: Business Regulations—Miscellaneous
(iii) Interest or service charge, if any, added by the licensee or customer or assignor after the obligation was
received by the licensee for collection;
(iv) Collection costs, if any, that the licensee is attempting to collect;
(v) Attorneys' fees, if any, that the licensee is attempting
to collect on his or its behalf or on the behalf of a customer or
assignor;
(vi) Any other charge or fee that the licensee is attempting to collect on his or its own behalf or on the behalf of a
customer or assignor.
(9) Communicate or threaten to communicate, the existence of a claim to a person other than one who might be reasonably expected to be liable on the claim in any manner
other than through proper legal action, process, or proceedings except under the following conditions:
(a) A licensee or employee of a licensee may inform a
credit reporting bureau of the existence of a claim: PROVIDED, That if the licensee or employee of a licensee reports
a claim to a credit reporting bureau, the licensee shall upon
receipt of written notice from the debtor that any part of the
claim is disputed, forward a copy of such written notice to the
credit reporting bureau;
(b) A licensee or employee in collecting or attempting to
collect a claim may communicate the existence of a claim to
a debtor's employer if the claim has been reduced to a judgment;
(c) A licensee or employee in collecting or attempting to
collect a claim that has not been reduced to judgment, may
communicate the existence of a claim to a debtor's employer
if:
(i) The licensee or employee has notified or attempted to
notify the debtor in writing at his last known address or place
of employment concerning the claim and the debtor after a
reasonable time has failed to pay the claim or has failed to
agree to make payments on the claim in a manner acceptable
to the licensee, and
(ii) The debtor has not in writing to the licensee disputed
any part of the claim: PROVIDED, That the licensee or
employee may only communicate the existence of a claim
which has not been reduced to judgment to the debtor's
employer once unless the debtor's employer has agreed to
additional communications.
(d) A licensee may for the purpose of locating the debtor
or locating assets of the debtor communicate the existence of
a claim to any person who might reasonably be expected to
have knowledge of the whereabouts of a debtor or the location of assets of the debtor if the claim is reduced to judgment, or if not reduced to judgment, when:
(i) The licensee or employee has notified or attempted to
notify the debtor in writing at his last known address or last
known place of employment concerning the claim and the
debtor after a reasonable time has failed to pay the claim or
has failed to agree to make payments on the claim in a manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the
claim.
(e) A licensee may communicate the existence of a claim
to its customers or clients if the claim is reduced to judgment,
or if not reduced to judgment, when:
[Title 19 RCW—page 20]
(i) The licensee has notified or attempted to notify the
debtor in writing at his last known address or last known
place of employment concerning the claim and the debtor
after a reasonable time has failed to pay the claim or has
failed to agree to make payments on the claim in a manner
acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of the
claim.
(10) Threaten the debtor with impairment of his credit
rating if a claim is not paid.
(11) Communicate with the debtor after notification in
writing from an attorney representing such debtor that all further communications relative to a claim should be addressed
to the attorney: PROVIDED, That if a licensee requests in
writing information from an attorney regarding such claim
and the attorney does not respond within a reasonable time,
the licensee may communicate directly with the debtor until
he or it again receives notification in writing that an attorney
is representing the debtor.
(12) Communicate with a debtor or anyone else in such a
manner as to harass, intimidate, threaten, or embarrass a
debtor, including but not limited to communication at an
unreasonable hour, with unreasonable frequency, by threats
of force or violence, by threats of criminal prosecution, and
by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if:
(a) It is made with a debtor or spouse in any form, manner, or place, more than three times in a single week;
(b) It is made with a debtor at his or her place of employment more than one time in a single week;
(c) It is made with the debtor or spouse at his or her place
of residence between the hours of 9:00 p.m. and 7:30 a.m.
(13) Communicate with the debtor through use of forms
or instruments that simulate the form or appearance of judicial process, the form or appearance of government documents, or the simulation of a form or appearance of a telegraphic or emergency message.
(14) Communicate with the debtor and represent or
imply that the existing obligation of the debtor may be or has
been increased by the addition of attorney fees, investigation
fees, service fees, or any other fees or charges when in fact
such fees or charges may not legally be added to the existing
obligation of such debtor.
(15) Threaten to take any action against the debtor which
the licensee cannot legally take at the time the threat is made.
(16) Send any telegram or make any telephone calls to a
debtor or concerning a debt or for the purpose of demanding
payment of a claim or seeking information about a debtor, for
which the charges are payable by the addressee or by the person to whom the call is made.
(17) In any manner convey the impression that the licensee is vouched for, bonded to or by, or is an instrumentality
of the state of Washington or any agency or department
thereof.
(18) Collect or attempt to collect in addition to the principal amount of a claim any sum other than allowable interest, collection costs or handling fees expressly authorized by
statute, and, in the case of suit, attorney's fees and taxable
court costs. A licensee may collect or attempt to collect collection costs and fees, including contingent collection fees, as
authorized by a written agreement or contract, between the
(2004 Ed.)
Collection Agencies
licensee's client and the debtor, in the collection of a commercial claim. The amount charged to the debtor for collection
services shall not exceed thirty-five percent of the commercial claim.
(19) Procure from a debtor or collect or attempt to collect
on any written note, contract, stipulation, promise or
acknowledgment under which a debtor may be required to
pay any sum other than principal, allowable interest, except
as noted in subsection (18) of this section, and, in the case of
suit, attorney's fees and taxable court costs.
(20) Upon notification by a debtor that the debtor disputes all debts arising from a series of dishonored checks,
automated clearinghouse transactions on a demand deposit
account, or other preprinted written instruments, initiate oral
contact with a debtor more than one time in an attempt to collect from the debtor debts arising from the identified series of
dishonored checks, automated clearinghouse transactions on
a demand deposit account, or other preprinted written instruments when: (a) Within the previous one hundred eighty
days, in response to the licensee's attempt to collect the initial
debt assigned to the licensee and arising from the identified
series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted
written instruments, the debtor in writing notified the licensee
that the debtor's checkbook or other series of preprinted written instruments was stolen or fraudulently created; (b) the licensee has received from the debtor a certified copy of a police
report referencing the theft or fraudulent creation of the
checkbook, automated clearinghouse transactions on a
demand deposit account, or series of preprinted written
instruments; (c) in the written notification to the licensee or in
the police report, the debtor identified the financial institution
where the account was maintained, the account number, the
magnetic ink character recognition number, the full bank
routing and transit number, and the check numbers of the stolen checks, automated clearinghouse transactions on a
demand deposit account, or other preprinted written instruments, which check numbers included the number of the
check that is the subject of the licensee's collection efforts;
(d) the debtor provides, or within the previous one hundred
eighty days provided, to the licensee a legible copy of a government-issued photo identification, which contains the
debtor's signature and which was issued prior to the date of
the theft or fraud identified in the police report; and (e) the
debtor advised the licensee that the subject debt is disputed
because the identified check, automated clearinghouse transaction on a demand deposit account, or other preprinted written instrument underlying the debt is a stolen or fraudulently
created check or instrument.
The licensee is not in violation of this subsection if the
licensee initiates oral contact with the debtor more than one
time in an attempt to collect debts arising from the identified
series of dishonored checks, automated clearinghouse transactions on a demand deposit account, or other preprinted
written instruments when: (i) The licensee acted in good
faith and relied on their established practices and procedures
for batching, recording, or packeting debtor accounts, and the
licensee inadvertently initiates oral contact with the debtor in
an attempt to collect debts in the identified series subsequent
to the initial debt assigned to the licensee; (ii) the licensee is
following up on collection of a debt assigned to the licensee,
(2004 Ed.)
19.16.280
and the debtor has previously requested more information
from the licensee regarding the subject debt; (iii) the debtor
has notified the licensee that the debtor disputes only some,
but not all the debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a
demand deposit account, or other preprinted written instruments, in which case the licensee shall be allowed to initiate
oral contact with the debtor one time for each debt arising
from the series of identified checks, automated clearinghouse
transactions on a demand deposit account, or written instruments and initiate additional oral contact for those debts that
the debtor acknowledges do not arise from stolen or fraudulently created checks or written instruments; (iv) the oral contact is in the context of a judicial, administrative, arbitration,
mediation, or similar proceeding; or (v) the oral contact is
made for the purpose of investigating, confirming, or authenticating the information received from the debtor, to provide
additional information to the debtor, or to request additional
information from the debtor needed by the licensee to accurately record the debtor's information in the licensee's
records. [2001 c 217 § 5; 2001 c 47 § 2; (2001 c 217 § 4
expired April 1, 2004, pursuant to 2001 c 217 § 15); 1983 c
107 § 1; 1981 c 254 § 5; 1971 ex.s. c 253 § 16.]
Reviser's note: This section was amended by 2001 c 47 § 2 and by
2001 c 217 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 217 § 5: "Section 5 of this act takes effect April
1, 2004." [2001 c 217 § 16.]
Expiration date—2001 c 217 § 4: "Section 4 of this act expires April
1, 2004." [2001 c 217 § 15.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
19.16.260
19.16.260 Licensing prerequisite to suit. No collection agency or out-of-state collection agency may bring or
maintain an action in any court of this state involving the collection of a claim of any third party without alleging and
proving that he or it is duly licensed under this chapter and
has satisfied the bonding requirements hereof, if applicable:
PROVIDED, That in any case where judgment is to be
entered by default, it shall not be necessary for the collection
agency or out-of-state collection agency to prove such matters.
A copy of the current collection agency license or out-ofstate collection agency license, certified by the director to be
a true and correct copy of the original, shall be prima facie
evidence of the licensing and bonding of such collection
agency or out-of-state collection agency as required by this
chapter. [1994 c 195 § 8; 1971 ex.s. c 253 § 17.]
19.16.270
19.16.270 Presumption of validity of assignment. In
any action brought by licensee to collect the claim of his or its
customer, the assignment of the claim to licensee by his or its
customer shall be conclusively presumed valid, if the assignment is filed in court with the complaint, unless objection is
made thereto by the debtor in a written answer or in writing
five days or more prior to trial. [1971 ex.s. c 253 § 18.]
19.16.280
19.16.280 Board created—Composition of board—
Qualification of members. There is hereby created a board
to be known and designated as the "Washington state collec[Title 19 RCW—page 21]
19.16.290
Title 19 RCW: Business Regulations—Miscellaneous
tion agency board". The board shall consist of five members,
one of whom shall be the director and the other four shall be
appointed by the governor. The director may delegate his
duties as a board member to a designee from his department.
The director or his designee shall be the executive officer of
the board and its chairman.
At least two but no more than two members of the board
shall be licensees hereunder. Each of the licensee members of
the board shall be actively engaged in the collection agency
business at the time of his appointment and must continue to
be so engaged and continue to be licensed under this chapter
during the term of his appointment or he will be deemed to
have resigned his position: PROVIDED, That no individual
may be a licensee member of the board unless he has been
actively engaged as either an owner or executive employee or
a combination of both of a collection agency business in this
state for a period of not less than five years immediately prior
to his appointment.
No board member shall be employed by or have any
interest in, directly or indirectly, as owner, partner, officer,
director, agent, stockholder, or attorney, any collection
agency in which any other board member is employed by or
has such an interest.
No member of the board other than the director or his
designee shall hold any other elective or appointive state or
federal office. [1971 ex.s. c 253 § 19.]
19.16.290
19.16.290 Board—Initial members—Terms—
Oath—Removal. The initial members of the board shall be
named by the governor within thirty days after January 1,
1972. At the first meeting of the board, the members
appointed by the governor shall determine by lot the period of
time from January 1, 1972 that each of them shall serve, one
for one year; one for two years; one for three years; and one
for four years. In the event of a vacancy on the board, the
governor shall appoint a successor for the unexpired term.
Each member appointed by the governor shall qualify by
taking the usual oath of a state officer, which shall be filed
with the secretary of state, and each member shall hold office
for the term of his appointment and until his successor is
appointed and qualified.
Any member of the board other than the director or his
designee may be removed by the governor for neglect of
duty, misconduct, malfeasance or misfeasance in office, after
being given a written statement of the charges against him
and sufficient opportunity to be heard thereon. [1971 ex.s. c
253 § 20.]
19.16.300
19.16.300 Board meetings—Quorum—Effect of
vacancy. The board shall meet as soon as practicable after
the governor has appointed the initial members of the board.
The board shall meet at least once a year and at such other
times as may be necessary for the transaction of its business.
The time and place of the initial meeting of the board and
the annual meetings shall be at a time and place fixed by the
director. Other meetings of the board shall be held upon written request of the director at a time and place designated by
him, or upon the written request of any two members of the
board at a time and place designated by them.
A majority of the board shall constitute a quorum.
[Title 19 RCW—page 22]
A vacancy in the board membership shall not impair the
right of the remaining members of the board to exercise any
power or to perform any duty of the board, so long as the
power is exercised or the duty performed by a quorum of the
board. [1971 ex.s. c 253 § 21.]
19.16.310
19.16.310 Board—Compensation—Reimbursement
of travel expenses. Each member of the board appointed by
the governor shall be compensated in accordance with RCW
43.03.240 and in addition thereto shall be reimbursed for
travel expenses incurred while on official business of the
board and in attending meetings thereof, in accordance with
the provisions of RCW 43.03.050 and 43.03.060. [1984 c
287 § 54; 1975-'76 2nd ex.s. c 34 § 58; 1971 ex.s. c 253 § 22.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
19.16.320
19.16.320 Board—Territorial scope of operations.
The board may meet, function and exercise its powers and
perform its duties at any place within the state. [1971 ex.s. c
253 § 23.]
19.16.330
19.16.330 Board—Immunity from suit. Members of
the board shall be immune from suit in any civil action based
upon an official act performed in good faith as members of
such board. [1971 ex.s. c 253 § 24.]
19.16.340
19.16.340 Board—Records. All records of the board
shall be kept in the office of the director. Copies of all records
and papers of the board, certified to be true copies by the
director, shall be received in evidence in all cases with like
effect as the originals. All actions by the board which require
publication, or any writing shall be over the signature of the
director or his designee. [1971 ex.s. c 253 § 25.]
19.16.351
19.16.351 Additional powers and duties of board.
The board, in addition to any other powers and duties granted
under this chapter and RCW 18.235.030:
(1) May adopt, amend, and rescind rules for its own
organization and procedure and other rules as it may deem
necessary in order to perform its duties under this chapter.
(2) May inquire into the needs of the collection agency
business, the needs of the director, and the matter of the policy of the director in administering this chapter, and make
such recommendations with respect thereto as, after consideration, may be deemed important and necessary for the welfare of the state, the welfare of the public, and the welfare and
progress of the collection agency business.
(3) Upon request of the director, confer and advise in
matters relating to the administering of this chapter.
(4) May consider and make appropriate recommendations to the director in all matters referred to the board.
(5) Upon request of the director, confer with and advise
the director in the preparation of any rules to be adopted,
amended, or repealed.
(6) May assist the director in the collection of such information and data as the director may deem necessary to the
(2004 Ed.)
Collection Agencies
proper administration of this chapter. [2002 c 86 § 267; 1977
ex.s. c 194 § 2; 1973 1st ex.s. c 20 § 8.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.16.500
an employee of a licensee of an act or practice prohibited by
RCW 19.16.250 are declared to be unfair acts or practices or
unfair methods of competition in the conduct of trade or commerce for the purpose of the application of the Consumer
Protection Act found in chapter 19.86 RCW. [1994 c 195 §
11; 1973 1st ex.s. c 20 § 7; 1971 ex.s. c 253 § 35.]
19.16.390
19.16.390 Personal service of process outside state.
Personal service of any process in an action under this chapter may be made upon any person outside the state if such
person has engaged in conduct in violation of this chapter
which has had the impact in this state which this chapter reprehends. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this state
within the meaning of RCW 4.28.180 and 4.28.185. A holder
of an out-of-state collection agency license is deemed to have
appointed the director or the director's designee to be the licensee's true and lawful agent upon whom may be served any
legal process against that licensee arising or growing out of
any violation of this chapter. [1994 c 195 § 9; 1971 ex.s. c
253 § 30.]
19.16.450
19.16.450 Violation of RCW 19.16.250—Additional
penalty. If an act or practice in violation of RCW 19.16.250
is committed by a licensee or an employee of a licensee in the
collection of a claim, neither the licensee, the customer of the
licensee, nor any other person who may thereafter legally
seek to collect on such claim shall ever be allowed to recover
any interest, service charge, attorneys' fees, collection costs,
delinquency charge, or any other fees or charges otherwise
legally chargeable to the debtor on such claim: PROVIDED,
That any person asserting the claim may nevertheless recover
from the debtor the amount of the original claim or obligation. [1971 ex.s. c 253 § 36.]
19.16.460
19.16.410
19.16.410 Rules, orders, decisions, etc. The director
may promulgate rules, make specific decisions, orders and
rulings, including therein demands and findings, and take
other necessary action for the implementation and enforcement of his duties under this chapter. [1971 ex.s. c 253 § 32.]
19.16.420
19.16.420 Copy of this chapter, rules and regulations
available to licensee. On or about the first day of February
in each year, the director shall cause to be made available at
reasonable expense to a licensee a copy of this chapter, a
copy of the current rules and regulations of the director, and
board, and such other materials as the director or board prescribe. [1971 ex.s. c 253 § 33.]
19.16.430
19.16.430 Violations—Operating agency without a
license—Penalty—Return of fees or compensation. (1)
Any person who knowingly operates as a collection agency
or out-of-state collection agency without a license or knowingly aids and abets such violation is punishable by a fine not
exceeding five hundred dollars or by imprisonment not
exceeding one year or both.
(2) Any person who operates as a collection agency or
out-of-state collection agency in the state of Washington
without a valid license issued pursuant to this chapter shall
not charge or receive any fee or compensation on any moneys
received or collected while operating without a license or on
any moneys received or collected while operating with a
license but received or collected as a result of his or its acts as
a collection agency or out-of-state collection agency while
not licensed hereunder. All such moneys collected or
received shall be forthwith returned to the owners of the
accounts on which the moneys were paid. [1994 c 195 § 10;
1973 1st ex.s. c 20 § 6; 1971 ex.s. c 253 § 34.]
19.16.440
19.16.440 Violations of RCW 19.16.110 and
19.16.250 are unfair and deceptive trade practices under
chapter 19.86 RCW. The operation of a collection agency
or out-of-state collection agency without a license as prohibited by RCW 19.16.110 and the commission by a licensee or
(2004 Ed.)
19.16.460 Violations may be enjoined. Notwithstanding any other actions which may be brought under the laws of
this state, the attorney general or the prosecuting attorney of
any county within the state may bring an action in the name
of the state against any person to restrain and prevent any violation of this chapter. [1971 ex.s. c 253 § 37.]
19.16.470
19.16.470 Violations—Assurance of discontinuance—Effect. The attorney general may accept an assurance
of discontinuance of any act or practice deemed in violation
of this chapter from any person engaging in or who has
engaged in such act or practice. Any such assurance shall be
in writing and be filed with and subject to the approval of the
superior court of the county in which the alleged violator
resides or has his principal place of business, or in the alternative, in Thurston county.
Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however,
proof of failure to perform the terms of any such assurance
shall constitute prima facie proof of a violation of this chapter
for the purpose of securing an injunction as provided for in
RCW 19.16.460: PROVIDED, That after commencement of
any action by a prosecuting attorney, as provided therein, the
attorney general may not accept an assurance of discontinuance without the consent of said prosecuting attorney. [1971
ex.s. c 253 § 38.]
19.16.480
19.16.480 Violation of injunction—Civil penalty.
Any person who violates any injunction issued pursuant to
this chapter shall forfeit and pay a civil penalty of not more
than twenty-five thousand dollars. For the purpose of this
section the superior court issuing any injunction shall retain
jurisdiction, and the cause shall be continued, and in such
cases the attorney general acting in the name of the state may
petition for the recovery of civil penalties. [1971 ex.s. c 253
§ 39.]
19.16.500
19.16.500 Public bodies may retain collection agencies to collect public debts—Fees. (1)(a) Agencies, departments, taxing districts, political subdivisions of the state,
[Title 19 RCW—page 23]
19.16.510
Title 19 RCW: Business Regulations—Miscellaneous
counties, and cities may retain, by written contract, collection
agencies licensed under this chapter for the purpose of collecting public debts owed by any person, including any restitution that is being collected on behalf of a crime victim.
(b) Any governmental entity as described in (a) of this
subsection using a collection agency may add a reasonable
fee, payable by the debtor, to the outstanding debt for the collection agency fee incurred or to be incurred. The amount to
be paid for collection services shall be left to the agreement
of the governmental entity and its collection agency or agencies, but a contingent fee of up to fifty percent of the first one
hundred thousand dollars of the unpaid debt per account and
up to thirty-five percent of the unpaid debt over one hundred
thousand dollars per account is reasonable, and a minimum
fee of the full amount of the debt up to one hundred dollars
per account is reasonable. Any fee agreement entered into by
a governmental entity is presumptively reasonable.
(2) No debt may be assigned to a collection agency
unless (a) there has been an attempt to advise the debtor (i) of
the existence of the debt and (ii) that the debt may be assigned
to a collection agency for collection if the debt is not paid,
and (b) at least thirty days have elapsed from the time notice
was attempted.
(3) Collection agencies assigned debts under this section
shall have only those remedies and powers which would be
available to them as assignees of private creditors.
(4) For purposes of this section, the term debt shall
include fines and other debts, including the fee required
under subsection (1)(b) of this section. [1997 c 387 § 1; 1982
c 65 § 1.]
Interest rate: RCW 43.17.240.
city, or other political subdivision of this state shall enact any
laws or rules and regulations licensing or regulating collection agencies.
(2) This section shall not be construed to prevent a political subdivision of this state from levying a business and
occupation tax upon collection agencies or out-of-state collection agencies maintaining an office within that political
subdivision if a business and occupation tax is levied by it
upon other types of businesses within its boundaries. [1994 c
195 § 12; 1971 ex.s. c 253 § 42.]
19.16.930 Effective date—1971 ex.s. c 253. This act
shall become effective January 1, 1972. [1971 ex.s. c 253 §
44.]
19.16.930
19.16.940 Short title. This chapter shall be known and
may be cited as the "Collection Agency Act". [1971 ex.s. c
253 § 45.]
19.16.940
19.16.950 Section headings. Section headings used in
this chapter shall not constitute any part of the law. [1971
ex.s. c 253 § 46.]
19.16.950
Chapter 19.25
Sections
19.25.010
19.25.020
19.25.030
19.25.040
19.16.510
19.16.510 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 268.]
Chapter 19.25 RCW
REPRODUCED SOUND RECORDINGS
19.25.050
19.25.800
19.25.810
19.25.820
19.25.900
19.25.901
Definitions.
Reproduction of sound without consent of owner unlawful—
Fine and penalty.
Use of recording of live performance without consent of owner
unlawful—Fine and penalty.
Failure to disclose origin of certain recordings unlawful—Fine
and penalty.
Contraband recordings—Disposition, forfeiture, penalty.
Chapter not applicable to broadcast by commercial or educational radio or television.
Chapter not applicable to certain nonrecorded broadcast use.
Chapter not applicable to defined public record.
Severability—1974 ex.s. c 100.
Severability—1991 c 38.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.16.900
19.16.900 Provisions cumulative—Violation of RCW
19.16.250 deemed civil. The provisions of this chapter shall
be cumulative and nonexclusive and shall not affect any other
remedy available at law: PROVIDED, That the violation of
RCW 19.16.250 shall be construed as exclusively civil and
not penal in nature. [1971 ex.s. c 253 § 40.]
19.16.910
19.16.910 Severability—1971 ex.s. c 253. If any section or provision of this act shall be adjudged to be invalid or
unconstitutional such adjudication shall not affect the validity
of the act as a whole, or any section, provisions, or part
thereof not adjudged invalid or unconstitutional. [1971 ex.s.
c 253 § 41.]
19.16.920
19.16.920 Provisions exclusive—Authority of political subdivisions to levy business and occupation taxes not
affected. (1) The provisions of this chapter relating to the
licensing and regulation of collection agencies and out-ofstate collection agencies shall be exclusive and no county,
[Title 19 RCW—page 24]
19.25.010 Definitions. As used in this chapter:
(1) "Owner" means a person who owns the sounds fixed
in a master phonograph record, master disc, master tape, master film, or other recording on which sound is or can be
recorded and from which the transferred recorded sounds are
directly or indirectly derived.
(2) "Fixed" means embodied in a recording or other tangible medium of expression, by or under the authority of the
author, so that the matter embodied is sufficiently permanent
or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration.
(3) "Live performance" means a recitation, rendering, or
playing of a series of images; musical, spoken or other
sounds; or combination of images and sounds.
(4) "Recording" means a tangible medium on which
sounds, images, or both are recorded or otherwise stored,
including an original phonograph record, disc, tape, audio or
video cassette, wire, film, or other medium now existing or
developed later on which sounds, images, or both are or can
be recorded or otherwise stored or a copy or reproduction that
duplicates in whole or in part the original.
19.25.010
(2004 Ed.)
Reproduced Sound Recordings
(5) "Manufacturer" means the entity authorizing the
duplication of the recording in question, but shall not include
the manufacturer of the cartridge or casing itself. [1991 c 38
§ 1; 1974 ex.s. c 100 § 1.]
19.25.020
19.25.020 Reproduction of sound without consent of
owner unlawful—Fine and penalty. (1) A person commits
an offense if the person:
(a) Knowingly reproduces for sale or causes to be transferred any recording with intent to sell it or cause it to be sold
or use it or cause it to be used for commercial advantage or
private financial gain without the consent of the owner;
(b) Transports within this state, for commercial advantage or private financial gain, a recording with the knowledge
that the sounds have been reproduced or transferred without
the consent of the owner; or
(c) Advertises, offers for sale, sells, or rents, or causes
the sale, resale, or rental of or possesses for one or more of
these purposes any recording that the person knows has been
reproduced or transferred without the consent of the owner.
(2)(a) An offense under this section is a class B felony
punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or
both if:
(i) The offense involves at least one thousand unauthorized recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under
this section.
(b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both, if
the offense involves more than one hundred but less than one
thousand unauthorized recordings during a one hundred
eighty-day period.
(c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five
thousand dollars, imprisonment for not more than one year,
or both.
(3) This section does not affect the rights and remedies
of a party in private litigation.
(4) This section applies only to recordings that were initially fixed before February 15, 1972. [2003 c 53 § 143; 1991
c 38 § 2; 1974 ex.s. c 100 § 2.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.25.030
19.25.030 Use of recording of live performance without consent of owner unlawful—Fine and penalty. (1) A
person commits an offense if the person:
(a) For commercial advantage or private financial gain
advertises, offers for sale, sells, rents, transports, causes the
sale, resale, rental, or transportation of or possesses for one or
more of these purposes a recording of a live performance
with the knowledge that the live performance has been
recorded or fixed without the consent of the owner; or
(b) With the intent to sell for commercial advantage or
private financial gain records or fixes or causes to be
recorded or fixed on a recording a live performance with the
knowledge that the live performance has been recorded or
fixed without the consent of the owner.
(2004 Ed.)
19.25.040
(2)(a) An offense under this section is a class B felony
punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or
both, if:
(i) The offense involves at least one thousand unauthorized recordings embodying sound or at least one hundred
unauthorized audiovisual recordings during a one hundred
eighty-day period; or
(ii) The defendant has been previously convicted under
this section.
(b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both, if
the offense involves more than one hundred but less than one
thousand unauthorized recordings embodying sound or more
than ten but less than one hundred unauthorized audiovisual
recordings during a one hundred eighty-day period.
(c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five
thousand dollars, imprisonment for not more than one year,
or both.
(3) In the absence of a written agreement or law to the
contrary, the performer or performers of a live performance
are presumed to own the rights to record or fix those sounds.
(4) For the purposes of this section, a person who is
authorized to maintain custody and control over business
records that reflect whether or not the owner of the live performance consented to having the live performance recorded
or fixed is a competent witness in a proceeding regarding the
issue of consent.
(5) This section does not affect the rights and remedies
of a party in private litigation. [2003 c 53 § 144; 1991 c 38 §
3; 1974 ex.s. c 100 § 3.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.25.040
19.25.040 Failure to disclose origin of certain recordings unlawful—Fine and penalty. (1) A person is guilty of
failure to disclose the origin of a recording when, for commercial advantage or private financial gain, the person knowingly advertises, or offers for sale, resale, or rent, or sells or
resells, or rents, leases, or lends, or possesses for any of these
purposes, any recording which does not contain the true name
and address of the manufacturer in a prominent place on the
cover, jacket, or label of the recording.
(2)(a) An offense under this section is a class B felony
punishable by a fine of not more than two hundred fifty thousand dollars, imprisonment for not more than ten years, or
both, if:
(i) The offense involves at least one hundred unauthorized recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under
this section.
(b) An offense under this section is a class C felony punishable by a fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both, if
the offense involves more than ten but less than one hundred
unauthorized recordings during a one hundred eighty-day
period.
(c) Any other offense under this section is a gross misdemeanor punishable by a fine of not more than twenty-five
[Title 19 RCW—page 25]
19.25.050
Title 19 RCW: Business Regulations—Miscellaneous
thousand dollars, imprisonment for not more than one year,
or both.
(3) This section does not affect the rights and remedies
of a party in private litigation. [2003 c 53 § 145; 1991 c 38 §
4; 1974 ex.s. c 100 § 4.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.27
Sections
19.27.010
19.27.015
19.27.020
19.27.031
19.27.035
19.27.040
19.25.050
19.25.050 Contraband recordings—Disposition, forfeiture, penalty. (1) All recordings which have been fixed
transferred, or possessed without the consent of the owner in
violation of RCW 19.25.020 or 19.25.030, and any recording
which does not contain the true name and address of the manufacturer in violation of RCW 19.25.040 shall be deemed to
be contraband. The court shall order the seizure, forfeiture,
and destruction or other disposition of such contraband.
(2) The owner or the prosecuting attorney may institute
proceedings to forfeit contraband recordings. The provisions
of this subsection shall apply to any contraband recording,
regardless of lack of knowledge or intent on the part of the
possessor, retail seller, manufacturer, or distributor.
(3) Whenever a person is convicted of a violation under
this chapter, the court, in its judgment of conviction, shall, in
addition to the penalty therein prescribed, order the forfeiture
and destruction or other disposition of all contraband recordings and any and all electronic, mechanical, or other devices
for manufacturing, reproducing, packaging, or assembling
such recordings, which were used to facilitate any violation
of this chapter. [1991 c 38 § 5.]
19.25.800
19.25.800 Chapter not applicable to broadcast by
commercial or educational radio or television. This chapter shall not be applicable to any recording that is used or
intended to be used only for broadcast by commercial or educational radio or television stations. [1991 c 38 § 6.]
19.25.810
19.25.810 Chapter not applicable to certain nonrecorded broadcast use. This chapter shall not be applicable
to any recording that is received in the ordinary course of a
broadcast by a commercial or educational radio or television
station where no recording is made of the broadcast. [1991 c
38 § 7.]
19.25.820
19.25.820 Chapter not applicable to defined public
record. This chapter shall not be applicable to any recording
defined as a public record of any court, legislative body, or
proceedings of any public body, whether or not a fee is
charged or collected for copies. [1991 c 38 § 8.]
Chapter 19.27 RCW
STATE BUILDING CODE
19.27.042
19.27.050
19.27.060
19.27.065
19.27.067
19.27.070
19.27.074
19.27.080
19.27.085
19.27.090
19.27.095
19.27.097
19.27.100
19.27.110
19.27.111
19.27.113
19.27.120
19.27.140
19.27.150
19.27.160
19.27.170
19.27.175
19.27.180
19.27.190
19.27.490
Short title.
Definitions.
Purposes—Objectives—Standards.
State building code—Adoption—Conflicts—Opinions.
Process for review.
Cities and counties authorized to amend state building
code—Limitations.
Cities and counties—Emergency exemptions for housing for
indigent persons.
Enforcement.
Local building regulations superseded—Exceptions.
Exemption—Temporary growing structures used for commercial production of horticultural plants.
Temporary worker housing—Exemption—Standards.
State building code council—Established—Membership—
Travel expenses—Administrative, clerical assistance.
State building code council—Duties—Public meetings—
Timing of code changes.
Chapters of RCW not affected.
Building code council account—Building permit fee.
Local jurisdictions reserved.
Building permit application—Consideration—Requirements.
Building permit application—Evidence of adequate water
supply—Applicability—Exemption.
Cities, towns, counties may impose fees different from state
building code.
International fire code—Administration and enforcement by
counties, other political subdivisions and municipal corporations—Fees.
RCW 19.27.080 not affected.
Automatic fire-extinguishing systems for certain school
buildings.
Buildings or structures having special historical or architectural significance—Exception.
Copy of permit to county assessor.
Report to department of community, trade, and economic
development.
Counties with populations of from five thousand to less than
ten thousand—Ordinance reenactment.
Water conservation performance standards—Testing and
identifying fixtures that meet standards—Marking and
labeling fixtures.
Recycled materials—Study code and adopt changes.
Residential buildings moved into a city or county—Applicability of building codes and electrical installation requirements.
Indoor air quality—Interim and final requirements for maintenance.
Fish habitat enhancement project.
Building permits: RCW 36.21.070 and 36.21.080.
Counties
adoption of building, plumbing, electrical codes, etc: RCW 36.32.120(7).
building codes: Chapter 36.43 RCW.
Energy-related building standards: Chapter 19.27A RCW.
Underground storage tanks: RCW 90.76.020.
19.27.010
19.27.010 Short title. This chapter shall be known as
the State Building Code Act. [1974 ex.s. c 96 § 1.]
19.25.900
19.25.900 Severability—1974 ex.s. c 100. If any provision of this 1974 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1974 ex.s. c 100 § 5.]
19.25.901
19.25.901 Severability—1991 c 38. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 38 § 9.]
[Title 19 RCW—page 26]
19.27.015
19.27.015 Definitions. As used in this chapter:
(1) "City" means a city or town;
(2) "Multifamily residential building" means common
wall residential buildings that consist of four or fewer units,
that do not exceed two stories in height, that are less than five
thousand square feet in area, and that have a one-hour fireresistive occupancy separation between units; and
(3) "Temporary growing structure" means a structure
that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to pro(2004 Ed.)
State Building Code
vide plants with either frost protection or increased heat
retention. [1996 c 157 § 1; 1985 c 360 § 1.]
Effective date—1996 c 157: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 25, 1996]." [1996 c 157 § 3.]
19.27.020
19.27.020 Purposes—Objectives—Standards. The
purpose of this chapter is to promote the health, safety and
welfare of the occupants or users of buildings and structures
and the general public by the provision of building codes
throughout the state. Accordingly, this chapter is designed to
effectuate the following purposes, objectives, and standards:
(1) To require minimum performance standards and
requirements for construction and construction materials,
consistent with accepted standards of engineering, fire and
life safety.
(2) To require standards and requirements in terms of
performance and nationally accepted standards.
(3) To permit the use of modern technical methods,
devices and improvements.
(4) To eliminate restrictive, obsolete, conflicting, duplicating and unnecessary regulations and requirements which
could unnecessarily increase construction costs or retard the
use of new materials and methods of installation or provide
unwarranted preferential treatment to types or classes of
materials or products or methods of construction.
(5) To provide for standards and specifications for making buildings and facilities accessible to and usable by physically disabled persons.
(6) To consolidate within each authorized enforcement
jurisdiction, the administration and enforcement of building
codes. [1985 c 360 § 6; 1974 ex.s. c 96 § 2.]
19.27.031
19.27.031 State building code—Adoption—Conflicts—Opinions. Except as otherwise provided in this chapter, there shall be in effect in all counties and cities the state
building code which shall consist of the following codes
which are hereby adopted by reference:
(1)(a) The International Building Code, published by the
International Code Council[,] Inc.;
(b) The International Residential Code, published by the
International Code Council, Inc.;
(2) The International Mechanical Code, published by the
International Code Council[,] Inc., except that the standards
for liquified petroleum gas installations shall be NFPA 58
(Storage and Handling of Liquified Petroleum Gases) and
ANSI Z223.1/NFPA 54 (National Fuel Gas Code);
(3) The International Fire Code, published by the International Code Council[,] Inc., including those standards of
the National Fire Protection Association specifically referenced in the International Fire Code: PROVIDED, That, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles;
(4) Except as provided in RCW 19.27.170, the Uniform
Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and
Mechanical Officials: PROVIDED, That any provisions of
such code affecting sewers or fuel gas piping are not adopted;
and
(2004 Ed.)
19.27.040
(5) The rules adopted by the council establishing standards for making buildings and facilities accessible to and
usable by the physically disabled or elderly persons as provided in RCW 70.92.100 through 70.92.160.
In case of conflict among the codes enumerated in subsections (1), (2), (3), and (4) of this section, the first named
code shall govern over those following.
The codes enumerated in this section shall be adopted by
the council as provided in RCW 19.27.074. The council shall
solicit input from first responders to ensure that fire fighter
safety issues are addressed during the code adoption process.
The council may issue opinions relating to the codes at
the request of a local official charged with the duty to enforce
the enumerated codes. [2003 c 291 § 2; 1995 c 343 § 1.
Prior: 1989 c 348 § 9; 1989 c 266 § 1; 1985 c 360 § 5.]
Intent—Finding—2003 c 291: "(1) The intent of the adoption of the
International Building Code by the legislature is to remain consistent with
state laws regulating construction, including electrical, plumbing, and
energy codes established in chapters 19.27, 19.27A, and 19.28 RCW. The
International Building Code references the International Residential Code
for provisions related to the construction of single and multiple-family
dwellings. No portion of the International Residential Code shall supersede
or take precedent over provisions in chapter 19.28 RCW, regulating the electrical code; nor provisions in RCW 19.27.031(4), regulating the plumbing
code; nor provisions in chapter 19.27A RCW, regulating the energy code.
(2) It is in the state's interest and consistent with the state building code
act to have in effect provisions regulating the construction of single and multiple-family residences. It is the legislative intent that the state building code
council adopt the International Residential Code through rule making
granted in RCW 19.27.074, consistent with state law regulating construction
for electrical, plumbing, and energy codes, and other state and federal laws
regulating single and multiple-family construction.
(3) In accordance with RCW 19.27.020, the state building code council
shall promote fire and life safety in buildings consistent with accepted standards. In adopting the codes for the state of Washington, the state building
code council shall consider provisions related to fire fighter safety published
by nationally recognized organizations. The state building code council
shall review all nationally recognized codes as set forth in RCW 19.27.074.
(4) The legislature finds that building codes are an integral component
of affordable housing. In accordance with this finding, the state building
code council shall consider and review building code provisions related to
improving affordable housing." [2003 c 291 § 1.]
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
19.27.035
19.27.035 Process for review. The building code council shall, within one year of July 23, 1989, adopt a process for
the review of proposed statewide amendments to the codes
enumerated in RCW 19.27.031, and proposed or enacted
local amendments to the codes enumerated in RCW
19.27.031 as amended and adopted by the state building code
council. [1989 c 266 § 6.]
19.27.040
19.27.040 Cities and counties authorized to amend
state building code—Limitations. The governing body of
each county or city is authorized to amend the state building
code as it applies within the jurisdiction of the county or city.
The minimum performance standards of the codes and the
objectives enumerated in RCW 19.27.020 shall not be diminished by any county or city amendments.
Nothing in this chapter shall authorize any modifications
of the requirements of chapter 70.92 RCW. [1990 c 2 § 11;
1985 c 360 § 8; 1977 ex.s. c 14 § 12; 1974 ex.s. c 96 § 4.]
Effective dates—1990 c 2: "Sections 1 through 4, 6, 7, 9, and 10 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public institu[Title 19 RCW—page 27]
19.27.042
Title 19 RCW: Business Regulations—Miscellaneous
tions, and shall take effect March 1, 1990. Sections 11 and 12 of this act shall
take effect January 1, 1991. Section 8 of this act shall take effect July 1,
1991." [1990 c 2 § 14.]
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
19.27.042
19.27.042 Cities and counties—Emergency exemptions for housing for indigent persons. (1) Effective January 1, 1992, the legislative authorities of cities and counties
may adopt an ordinance or resolution to exempt from state
building code requirements buildings whose character of use
or occupancy has been changed in order to provide housing
for indigent persons. The ordinance or resolution allowing
the exemption shall include the following conditions:
(a) The exemption is limited to existing buildings located
in this state;
(b) Any code deficiencies to be exempted pose no threat
to human life, health, or safety;
(c) The building or buildings exempted under this section are owned or administered by a public agency or nonprofit corporation; and
(d) The exemption is authorized for no more than five
years on any given building. An exemption for a building
may be renewed if the requirements of this section are met for
each renewal.
(2) By January 1, 1992, the state building code council
shall adopt by rule, guidelines for cities and counties exempting buildings under subsection (1) of this section. [1991 c
139 § 1.]
19.27.050
19.27.050 Enforcement. The state building code
required by this chapter shall be enforced by the counties and
cities. Any county or city not having a building department
shall contract with another county, city, or inspection agency
approved by the county or city for enforcement of the state
building code within its jurisdictional boundaries. [1985 c
360 § 9; 1974 ex.s. c 96 § 5.]
19.27.060
19.27.060 Local building regulations superseded—
Exceptions. (1) The governing bodies of counties and cities
may amend the codes enumerated in RCW 19.27.031 as
amended and adopted by the state building code council as
they apply within their respective jurisdictions, but the
amendments shall not result in a code that is less than the
minimum performance standards and objectives contained in
the state building code.
(a) No amendment to a code enumerated in RCW
19.27.031 as amended and adopted by the state building code
council that affects single family or multifamily residential
buildings shall be effective unless the amendment is
approved by the building code council under RCW
19.27.074(1)(b).
(b) Any county or city amendment to a code enumerated
in RCW 19.27.031 which is approved u nder RCW
19.27.074(1)(b) shall continue to be effective after any action
is taken under RCW 19.27.074(1)(a) without necessity of
reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any
action is taken under RCW 19.27.074(1)(a) because such
action in any way altered the impact of the amendment.
[Title 19 RCW—page 28]
(2) Except as permitted or provided otherwise under this
section, the state building code shall be applicable to all
buildings and structures including those owned by the state or
by any governmental subdivision or unit of local government.
(3) The governing body of each county or city may limit
the application of any portion of the state building code to
exclude specified classes or types of buildings or structures
according to use other than single family or multifamily residential buildings. However, in no event shall fruits or vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of application of
the uniform fire code. A governing body of a county or city
may inspect facilities used for temporary storage and processing of agricultural commodities.
(4) The provisions of this chapter shall not apply to any
building four or more stories high with a B occupancy as
defined by the uniform building code, 1982 edition, and with
a city fire insurance rating of 1, 2, or 3 as defined by a recognized fire rating bureau or organization.
(5) No provision of the uniform fire code concerning
roadways shall be part of the state building code: PROVIDED, That this subsection shall not limit the authority of a
county or city to adopt street, road, or access standards.
(6) The provisions of the state building code may be preempted by any city or county to the extent that the code provisions relating to the installation or use of sprinklers in jail
cells conflict with the secure and humane operation of jails.
(7)(a) Effective one year after July 23, 1989, the governing bodies of counties and cities may adopt an ordinance or
resolution to exempt from permit requirements certain construction or alteration of either group R, division 3, or group
M, division 1 occupancies, or both, as defined in the uniform
building code, 1988 edition, for which the total cost of fair
market value of the construction or alteration does not exceed
fifteen hundred dollars. The permit exemption shall not otherwise exempt the construction or alteration from the substantive standards of the codes enumerated in RCW
19.27.031, as amended and maintained by the state building
code council under RCW 19.27.070.
(b) Prior to July 23, 1989, the state building code council
shall adopt by rule, guidelines exempting from permit
requirements certain construction and alteration activities
under (a) of this subsection. [2002 c 135 § 1. Prior: 1989 c
266 § 2; 1989 c 246 § 1; 1987 c 462 § 12; 1986 c 118 § 15;
1985 c 360 § 10; 1981 2nd ex.s. c 12 § 5; 1980 c 64 § 1; 1975
1st ex.s. c 282 § 2; 1974 ex.s. c 96 § 6.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
19.27.065
19.27.065 Exemption—Temporary growing structures used for commercial production of horticultural
plants. The provisions of this chapter do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants,
flowers, vegetables, and fruits. A temporary growing structure is not considered a building for purposes of this chapter.
[1996 c 157 § 2.]
Effective date—1996 c 157: See note following RCW 19.27.015.
19.27.067
19.27.067 Temporary worker housing—Exemption—Standards. (1) Temporary worker housing shall be
(2004 Ed.)
State Building Code
constructed, altered, or repaired as provided in chapter
70.114A RCW and chapter 37, Laws of 1998. The construction, alteration, or repair of temporary worker housing is not
subject to the codes adopted under RCW 19.27.031, except as
provided by rule adopted under chapter 70.114A RCW or
chapter 37, Laws of 1998.
(2) For the purpose of this section, "temporary worker
housing" has the same meaning as provided in RCW
70.114A.020.
(3) This section is applicable to temporary worker housing as of the date of the final adoption of the temporary
worker building code by the department of health under
RCW 70.114A.081. [1998 c 37 § 1.]
19.27.070
19.27.070 State building code council—Established—Membership—Travel expenses—Administrative, clerical assistance. There is hereby established a state
building code council to be appointed by the governor.
(1) The state building code council shall consist of fifteen members, two of whom shall be county elected legislative body members or elected executives and two of whom
shall be city elected legislative body members or mayors.
One of the members shall be a local government building
code enforcement official and one of the members shall be a
local government fire service official. Of the remaining nine
members, one member shall represent general construction,
specializing in commercial and industrial building construction; one member shall represent general construction, specializing in residential and multifamily building construction;
one member shall represent the architectural design profession; one member shall represent the structural engineering
profession; one member shall represent the mechanical engineering profession; one member shall represent the construction building trades; one member shall represent manufacturers, installers, or suppliers of building materials and components; one member shall be a person with a physical disability
and shall represent the disability community; and one member shall represent the general public. At least six of these fifteen members shall reside east of the crest of the Cascade
mountains. The council shall include: Two members of the
house of representatives appointed by the speaker of the
house, one from each caucus; two members of the senate
appointed by the president of the senate, one from each caucus; and an employee of the electrical division of the department of labor and industries, as ex officio, nonvoting members with all other privileges and rights of membership.
Terms of office shall be for three years. The council shall
elect a member to serve as chair of the council for one-year
terms of office. Any member who is appointed by virtue of
being an elected official or holding public employment shall
be removed from the council if he or she ceases being such an
elected official or holding such public employment. Before
making any appointments to the building code council, the
governor shall seek nominations from recognized organizations which represent the entities or interests listed in this
subsection. Members serving on the council on July 28, 1985,
may complete their terms of office. Any vacancy shall be
filled by alternating appointments from governmental and
nongovernmental entities or interests until the council is constituted as required by this subsection.
(2004 Ed.)
19.27.080
(2) Members shall not be compensated but shall receive
reimbursement for travel expenses in accordance with RCW
43.03.050 and 43.03.060.
(3) The department of community, trade, and economic
development shall provide administrative and clerical assistance to the building code council. [1995 c 399 § 8; 1989 c
246 § 2; 1987 c 505 § 7; 1985 c 360 § 11; 1984 c 287 § 55;
1975-'76 2nd ex.s. c 34 § 59; 1974 ex.s. c 96 § 7.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
19.27.074 State building code council—Duties—Public meetings—Timing of code changes. (1) The state building code council shall:
(a) Adopt and maintain the codes to which reference is
made in RCW 19.27.031 in a status which is consistent with
the state's interest as set forth in RCW 19.27.020. In maintaining these codes, the council shall regularly review
updated versions of the codes referred to in RCW 19.27.031
and other pertinent information and shall amend the codes as
deemed appropriate by the council;
(b) Approve or deny all county or city amendments to
any code referred to in RCW 19.27.031 to the degree the
amendments apply to single family or multifamily residential
buildings;
(c) As required by the legislature, develop and adopt any
codes relating to buildings; and
(d) Propose a budget for the operation of the state building code council to be submitted to the office of financial
management pursuant to RCW 43.88.090.
(2) The state building code council may:
(a) Appoint technical advisory committees which may
include members of the council;
(b) Employ permanent and temporary staff and contract
for services; and
(c) Conduct research into matters relating to any code or
codes referred to in RCW 19.27.031 or any related matter.
All meetings of the state building code council shall be
open to the public under the open public meetings act, chapter 42.30 RCW. All actions of the state building code council
which adopt or amend any code of statewide applicability
shall be pursuant to the administrative procedure act, chapter
34.05 RCW.
All council decisions relating to the codes enumerated in
RCW 19.27.031 shall require approval by at least a majority
of the members of the council.
All decisions to adopt or amend codes of statewide application shall be made prior to December 1 of any year and
shall not take effect before the end of the regular legislative
session in the next year. [1989 c 266 § 3; 1985 c 360 § 2.]
19.27.074
19.27.080
19.27.080 Chapters of RCW not affected. Nothing in
this chapter affects the provisions of chapters 19.27A, 19.28,
43.22, 70.77, 70.79, 70.87, 48.48, 18.20, 18.46, 18.51,
28A.305, 70.41, 70.62, 70.75, 70.108, 71.12, 74.15, 70.94,
76.04, 90.76 RCW, or RCW 28A.195.010, or grants rights to
duplicate the authorities provided under chapters 70.94 or
76.04 RCW. [2003 c 291 § 3; 1990 c 33 § 555; 1989 c 346 §
19; 1975 1st ex.s. c 282 § 1; 1974 ex.s. c 96 § 8.]
[Title 19 RCW—page 29]
19.27.085
Title 19 RCW: Business Regulations—Miscellaneous
Intent—Finding—2003 c 291: See note following RCW 19.27.031.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Captions—Severability—Effective date—1989 c 346: See RCW
90.76.900 through 90.76.902.
19.27.085
19.27.085 Building code council account—Building
permit fee. (1) There is hereby created the building code
council account in the state treasury. Moneys deposited into
the account shall be used by the building code council, after
appropriation, to perform the purposes of the council.
(2) All moneys collected under subsection (3) of this section shall be deposited into the building code council account.
Every four years the state treasurer shall report to the legislature on the balances in the account so that the legislature may
adjust the charges imposed under subsection (3) of this section.
(3) There is imposed a fee of four dollars and fifty cents
on each building permit issued by a county or a city, plus an
additional surcharge of two dollars for each residential unit,
but not including the first unit, on each building containing
more than one residential unit. Quarterly each county and city
shall remit moneys collected under this section to the state
treasury; however, no remittance is required until a minimum
of fifty dollars has accumulated pursuant to this subsection.
[1989 c 256 § 1; 1985 c 360 § 4.]
19.27.090
19.27.090 Local jurisdictions reserved. Local land
use and zoning requirements, building setbacks, side and
rear-yard requirements, site development, property line
requirements, requirements adopted by counties or cities pursuant to chapter 58.17 RCW, snow load requirements, wind
load requirements, and local fire zones are specifically
reserved to local jurisdictions notwithstanding any other provision of this chapter. [1989 c 266 § 5; 1974 ex.s. c 96 § 9.]
19.27.095
19.27.095 Building permit application—Consideration—Requirements. (1) A valid and fully complete building permit application for a structure, that is permitted under
the zoning or other land use control ordinances in effect on
the date of the application shall be considered under the
building permit ordinance in effect at the time of application,
and the zoning or other land use control ordinances in effect
on the date of application.
(2) The requirements for a fully completed application
shall be defined by local ordinance but for any construction
project costing more than five thousand dollars the application shall include, at a minimum:
(a) The legal description, or the tax parcel number
assigned pursuant to RCW 84.40.160, and the street address
if available, and may include any other identification of the
construction site by the prime contractor;
(b) The property owner's name, address, and phone number;
(c) The prime contractor's business name, address, phone
number, current state contractor registration number; and
(d) Either:
(i) The name, address, and phone number of the office of
the lender administering the interim construction financing, if
any; or
[Title 19 RCW—page 30]
(ii) The name and address of the firm that has issued a
payment bond, if any, on behalf of the prime contractor for
the protection of the owner, if the bond is for an amount not
less than fifty percent of the total amount of the construction
project.
(3) The information required on the building permit
application by subsection (2)(a) through (d) of this section
shall be set forth on the building permit document which is
issued to the owner, and on the inspection record card which
shall be posted at the construction site.
(4) The information required by subsection (2) of this
section and information supplied by the applicant after the
permit is issued under subsection (5) of this section shall be
kept on record in the office where building permits are issued
and made available to any person on request. If a copy is
requested, a reasonable charge may be made.
(5) If any of the information required by subsection
(2)(d) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if
the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under subsection (1) of this
section. However, the applicant shall provide the remaining
information as soon as the applicant can reasonably obtain
such information.
(6) The limitations imposed by this section shall not
restrict conditions imposed under chapter 43.21C RCW.
[1991 c 281 § 27; 1987 c 104 § 1.]
Liberal construction—Effective date, application—1991 c 281: See
RCW 60.04.900 and 60.04.902.
19.27.097
19.27.097 Building permit application—Evidence of
adequate water supply—Applicability—Exemption. (1)
Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water
supply for the intended use of the building. Evidence may be
in the form of a water right permit from the department of
ecology, a letter from an approved water purveyor stating the
ability to provide water, or another form sufficient to verify
the existence of an adequate water supply. In addition to
other authorities, the county or city may impose conditions
on building permits requiring connection to an existing public water system where the existing system is willing and able
to provide safe and reliable potable water to the applicant
with reasonable economy and efficiency. An application for a
water right shall not be sufficient proof of an adequate water
supply.
(2) Within counties not required or not choosing to plan
pursuant to RCW 36.70A.040, the county and the state may
mutually determine those areas in the county in which the
requirements of subsection (1) of this section shall not apply.
The departments of health and ecology shall coordinate on
the implementation of this section. Should the county and the
state fail to mutually determine those areas to be designated
pursuant to this subsection, the county may petition the
department of community, trade, and economic development
to mediate or, if necessary, make the determination.
(3) Buildings that do not need potable water facilities are
exempt from the provisions of this section. The department of
ecology, after consultation with local governments, may
(2004 Ed.)
State Building Code
adopt rules to implement this section, which may recognize
differences between high-growth and low-growth counties.
[1995 c 399 § 9; 1991 sp.s. c 32 § 28; 1990 1st ex.s. c 17 §
63.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
19.27.160
adopted. The superintendent of public instruction, the state
board of education, and the fire protection policy board shall
respond to the council by February 15, 1992, with any recommended changes to the rule. If changes are recommended the
council shall immediately consider those changes to the rules
through its rule-making procedures. The rules shall be effective on July 1, 1992. [1991 c 170 § 1.]
Schools—Standards for fire prevention and safety: RCW 48.48.045.
19.27.100
19.27.100 Cities, towns, counties may impose fees different from state building code. Nothing in this chapter
shall prohibit a city, town, or county of the state from imposing fees different from those set forth in the state building
code. [1975 1st ex.s. c 8 § 1.]
19.27.110
19.27.110 International fire code—Administration
and enforcement by counties, other political subdivisions
and municipal corporations—Fees. Each county government shall administer and enforce the International Fire Code
in the unincorporated areas of the county: PROVIDED, That
any political subdivision or municipal corporation providing
fire protection pursuant to RCW 14.08.120 shall, at its sole
option, be responsible for administration and enforcement of
the International Fire Code on its facility. Any fire protection
district or political subdivision may, pursuant to chapter
39.34 RCW, the interlocal cooperation act, assume all or a
portion of the administering responsibility and coordinate
and cooperate with the county government in the enforcement of the International Fire Code.
It is not the intent of RCW 19.27.110 and 19.27.111 to
preclude or limit the authority of any city, town, county, fire
protection district, state agency, or political subdivision from
engaging in those fire prevention activities with which they
are charged.
It is not the intent of the legislature by adopting the state
building code or RCW 19.27.110 and 19.27.111 to grant
counties any more power to suppress or extinguish fires than
counties currently possess under the Constitution or other
statutes.
Each county is authorized to impose fees sufficient to
pay the cost of inspections, administration, and enforcement
pursuant to RCW 19.27.110 and 19.27.111. [2003 c 291 § 4;
1975-'76 2nd ex.s. c 37 § 1.]
19.27.120
19.27.120 Buildings or structures having special historical or architectural significance—Exception. (1)
Repairs, alterations, and additions necessary for the preservation, restoration, rehabilitation, strengthening, or continued
use of a building or structure may be made without conformance to all of the requirements of the codes adopted under
RCW 19.27.031, when authorized by the appropriate building official under the rules adopted under subsection (2) of
this section, provided:
(a) The building or structure: (i) Has been designated by
official action of a legislative body as having special historical or architectural significance, or (ii) is an unreinforced
masonry building or structure on the state or the national register of historic places, or is potentially eligible for placement
on such registers; and
(b) The restored building or structure will be less hazardous, based on life and fire risk, than the existing building.
(2) The state building code council shall adopt rules,
where appropriate, to provide alternative methods to those
otherwise required under this chapter for repairs, alterations,
and additions necessary for preservation, restoration, rehabilitation, strengthening, or continued use of buildings and
structures identified under subsection (1) of this section.
[1985 c 360 § 13; 1975-'76 2nd ex.s. c 11 § 1.]
19.27.140
19.27.140 Copy of permit to county assessor. A copy
of any permit obtained under the state building code for construction or alteration work of a total cost or fair market value
in excess of five hundred dollars, shall be transmitted by the
issuing authority to the county assessor of the county where
the property on which the construction or alteration work is
located. The building permit shall contain the county assessor's parcel number. [1989 c 246 § 5.]
Intent—Finding—2003 c 291: See note following RCW 19.27.031.
19.27.150
19.27.111
19.27.111 RCW 19.27.080 not affected. Nothing in
RCW 19.27.110 shall affect the provisions of RCW
19.27.080. [1975-'76 2nd ex.s. c 37 § 2.]
19.27.113
19.27.113 Automatic fire-extinguishing systems for
certain school buildings. The building code council shall
adopt rules by December 1, 1991, requiring that all buildings
classed as E-1 occupancies, as defined in the state building
code, except portable school classrooms, constructed after
July 28, 1991, be provided with an automatic fire-extinguishing system. Rules adopted by the council shall consider applicable nationally recognized fire and building code standards
and local conditions.
By December 15, 1991, the council shall transmit to the
superintendent of public instruction, the state board of education, and the fire protection policy board copies of the rules as
(2004 Ed.)
19.27.150 Report to department of community,
trade, and economic development. Every month a copy of
the United States department of commerce, bureau of the
census' "report of building or zoning permits issued and local
public construction" or equivalent report shall be transmitted
by the governing bodies of counties and cities to the department of community, trade, and economic development.
[1995 c 399 § 10; 1989 c 246 § 6.]
19.27.160
19.27.160 Counties with populations of from five
thousand to less than ten thousand—Ordinance reenactment. Any county with a population of from five thousand to
less than ten thousand that had in effect on July 1, 1985, an
ordinance or resolution authorizing and regulating the construction of owner-built residences may reenact such an ordinance or resolution if the ordinance or resolution is reenacted
before September 30, 1989. After reenactment, the county
[Title 19 RCW—page 31]
19.27.170
Title 19 RCW: Business Regulations—Miscellaneous
shall transmit a copy of the ordinance or resolution to the
state building code council. [1991 c 363 § 16; 1989 c 246 §
7.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
19.27.170 Water conservation performance standards—Testing and identifying fixtures that meet standards—Marking and labeling fixtures. (1) The state building code council shall adopt rules under chapter 34.05 RCW
that implement and incorporate the water conservation performance standards in subsections (4) and (5) of this section.
These standards shall apply to all new construction and all
remodeling involving replacement of plumbing fixtures in all
residential, hotel, motel, school, industrial, commercial use,
or other occupancies determined by the council to use significant quantities of water.
(2) The legislature recognizes that a phasing-in approach
to these new standards is appropriate. Therefore, standards in
subsection (4) of this section shall take effect on July 1, 1990.
The standards in subsection (5) of this section shall take
effect July 1, 1993.
(3) No individual, public or private corporation, firm,
political subdivision, government agency, or other legal
entity may, for purposes of use in this state, distribute, sell,
offer for sale, import, install, or approve for installation any
plumbing fixtures unless the fixtures meet the standards as
provided for in this section.
(4) Standards for water use efficiency effective July 1,
1990.
(a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of
the following waterclosets is the following:
Tank-type toilets . . . . . . . . . . . . . . . . . . 3.5 gpf.
Flushometer-valve toilets . . . . . . . . . . . 3.5 gpf.
Flushometer-tank toilets . . . . . . . . . . . . 3.5 gpf.
Electromechanical hydraulic toilets . . . 3.5 gpf.
(b) Standard for urinals. The guideline for maximum
water use allowed for any urinal is 3.0 gallons per flush.
(c) Standard for showerheads. The guideline for maximum water use allowed for any showerhead is 3.0 gallons per
minute.
(d) Standard for faucets. The guideline for maximum
water use allowed in gallons per minute (gpm) for any of the
following faucets and replacement aerators is the following:
Bathroom faucets . . . . . . . . . . . . . . . . . 3.0 gpm.
Lavatory faucets . . . . . . . . . . . . . . . . . . 3.0 gpm.
Kitchen faucets . . . . . . . . . . . . . . . . . . . 3.0 gpm.
Replacement aerators . . . . . . . . . . . . . . 3.0 gpm.
(e) Except where designed and installed for use by the
physically handicapped, lavatory faucets located in restrooms
intended for use by the general public must be equipped with
a metering valve designed to close by spring or water pressure when left unattended (self-closing).
(f) No urinal or watercloset that operates on a continuous
flow or continuous flush basis shall be permitted.
(5) Standards for water use efficiency effective July 1,
1993.
(a) Standards for waterclosets. The guideline for maximum water use allowed in gallons per flush (gpf) for any of
the following waterclosets is the following:
19.27.170
[Title 19 RCW—page 32]
Tank-type toilets . . . . . . . . . . . . . . . . . . 1.6 gpf.
Flushometer-tank toilets . . . . . . . . . . . . 1.6 gpf.
Electromechanical hydraulic toilets . . . 1.6 gpf.
(b) Standards for urinals. The guideline for maximum
water use allowed for any urinal is 1.0 gallons per flush.
(c) Standards for showerheads. The guideline for maximum water use allowed for any showerhead is 2.5 gallons per
minute.
(d) Standards for faucets. The guideline for maximum
water use allowed in gallons per minute for any of the following faucets and replacement aerators is the following:
Bathroom faucets . . . . . . . . . . . . . . . . . 2.5 gpm.
Lavatory faucets . . . . . . . . . . . . . . . . . . 2.5 gpm.
Kitchen faucets . . . . . . . . . . . . . . . . . . . 2.5 gpm.
Replacement aerators . . . . . . . . . . . . . . 2.5 gpm.
(e) Except where designed and installed for use by the
physically handicapped, lavatory faucets located in restrooms
intended for use by the general public must be equipped with
a metering valve designed to close by water pressure when
unattended (self-closing).
(f) No urinal or watercloset that operates on a continuous
flow or continuous basis shall be permitted.
(6) The building code council shall establish methods
and procedures for testing and identifying fixtures that meet
the standards established in subsection (5) of this section.
The council shall use the testing standards designated as
American national standards, written under American
national standards institute procedures or other widely recognized national testing standards. The council shall either
review test results from independent testing laboratories that
are submitted by manufacturers of plumbing fixtures or
accept data submitted to and evaluated by the international
association of plumbing and mechanical officials. The council shall publish and widely distribute a current list of fixtures
that meet the standards established in subsection (5) of this
section.
(7) The building code council shall adopt rules for marking and labeling fixtures meeting the standards established in
subsection (5) of this section.
(8) This section shall not apply to fixtures installed
before July 28, 1991, that are removed and relocated to
another room or area of the same building after July 28, 1991,
nor shall it apply to fixtures, as determined by the council,
that in order to perform a specialized function, cannot meet
the standards specified in this section.
(9) The water conservation performance standards shall
supersede all local government codes. After July 1, 1990, cities, towns, and counties shall not amend the code revisions
and standards established under subsection (4) or (5) of this
section. [1991 c 347 § 16; 1989 c 348 § 8.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
19.27.175
19.27.175 Recycled materials—Study code and adopt
changes. The state building code council, in consultation
with the department of ecology and local governments, shall
conduct a study of the state building code, and adopt changes
as necessary to encourage greater use of recycled building
(2004 Ed.)
State Building Code
materials from construction and building demolition debris,
mixed waste paper, waste paint, waste plastics, and other
waste materials. [1991 c 297 § 15.]
Captions not law—1991 c 297: See RCW 43.19A.900.
19.27.180
19.27.180 Residential buildings moved into a city or
county—Applicability of building codes and electrical
installation requirements. (1) Residential buildings or
structures moved into or within a county or city are not
required to comply with all of the requirements of the codes
enumerated in chapters 19.27 and 19.27A RCW, as amended
and maintained by the state building code council and chapter
19.28 RCW, if the original occupancy classification of the
building or structure is not changed as a result of the move.
(2) This section shall not apply to residential structures
or buildings that are substantially remodeled or rehabilitated,
nor to any work performed on a new or existing foundation.
(3) For the purposes of determining whether a moved
building or structure has been substantially remodeled or
rebuilt, any cost relating to preparation, construction, or renovation of the foundation shall not be considered. [1992 c 79
§ 1; 1989 c 313 § 2.]
Finding—1989 c 313: "The legislature finds that moved buildings or
structures can provide affordable housing for many persons of lower income;
that many of the moved structures or buildings were legally built to the construction standards of their day; and that requiring the moved building or
structure to meet all new construction codes may limit their use as an affordable housing option for persons of lower income.
The legislature further finds that application of the new construction
code standards to moved structures and buildings present unique difficulties
and that it is the intent of the legislature that any moved structure or building
that meets the codes at the time it was constructed does not need to comply
with any updated state building code unless the structure is substantially
remodeled or rebuilt." [1989 c 313 § 1.]
19.27.190
19.27.190 Indoor air quality—Interim and final
requirements for maintenance. (1)(a) Not later than January 1, 1991, the state building code council, in consultation
with the department of community, trade, and economic
development, shall establish interim requirements for the
maintenance of indoor air quality in newly constructed residential buildings. In establishing the interim requirements,
the council shall take into consideration differences in heating fuels and heating system types. These requirements shall
be in effect July 1, 1991, through June 30, 1993.
(b) The interim requirements for new electrically space
heated residential buildings shall include ventilation standards which provide for mechanical ventilation in areas of
the residence where water vapor or cooking odors are produced. The ventilation shall be exhausted to the outside of the
structure. The ventilation standards shall further provide for
the capacity to supply outside air to each bedroom and the
main living area through dedicated supply air inlet locations
in walls, or in an equivalent manner. At least one exhaust fan
in the home shall be controlled by a dehumidistat or clock
timer to ensure that sufficient whole house ventilation is regularly provided as needed.
(c)(i) For new single family residences with electric
space heating systems, zero lot line homes, each unit in a
duplex, and each attached housing unit in a planned unit
development, the ventilation standards shall include fifty
cubic feet per minute of effective installed ventilation capac(2004 Ed.)
19.27.190
ity in each bathroom and one hundred cubic feet per minute
of effective installed ventilation capacity in each kitchen.
(ii) For other new residential units with electric space
heating systems the ventilation standards may be satisfied by
the installation of two exhaust fans with a combined effective
installed ventilation capacity of two hundred cubic feet per
minute.
(iii) Effective installed ventilation capacity means the
capability to deliver the specified ventilation rates for the
actual design of the ventilation system. Natural ventilation
and infiltration shall not be considered acceptable substitutes
for mechanical ventilation.
(d) For new residential buildings that are space heated
with other than electric space heating systems, the interim
standards shall be designed to result in indoor air quality
equivalent to that achieved with the interim ventilation standards for electric space heated homes.
(e) The interim requirements for all newly constructed
residential buildings shall include standards for indoor air
quality pollutant source control, including the following
requirements: All structural panel components of the residence shall comply with appropriate standards for the emission of formaldehyde; the back-drafting of combustion byproducts from combustion appliances shall be minimized
through the use of dampers, vents, outside combustion air
sources, or other appropriate technologies; and, in areas of
the state where monitored data indicate action is necessary to
inhibit indoor radon gas concentrations from exceeding
appropriate health standards, entry of radon gas into homes
shall be minimized through appropriate foundation construction measures.
(2) No later than January 1, 1993, the state building code
council, in consultation with the department of community,
trade, and economic development, shall establish final
requirements for the maintenance of indoor air quality in
newly constructed residences to be in effect beginning July 1,
1993. For new electrically space heated residential buildings,
these requirements shall maintain indoor air quality equivalent to that provided by the mechanical ventilation and indoor
air pollutant source control requirements included in the February 7, 1989, Bonneville power administration record of
decision for the environmental impact statement on new
energy efficient homes programs (DOE/EIS-0127F) built
with electric space heating. In residential units other than single family, zero lot line, duplexes, and attached housing units
in planned unit developments, ventilation requirements may
be satisfied by the installation of two exhaust fans with a
combined effective installed ventilation capacity of two hundred cubic feet per minute. For new residential buildings that
are space heated with other than electric space heating systems, the standards shall be designed to result in indoor air
quality equivalent to that achieved with the ventilation and
source control standards for electric space heated homes. In
establishing the final requirements, the council shall take into
consideration differences in heating fuels and heating system
types. [1996 c 186 § 501; 1990 c 2 § 7.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
[Title 19 RCW—page 33]
19.27.490
Title 19 RCW: Business Regulations—Miscellaneous
19.27.490
19.27.490 Fish habitat enhancement project. A fish
habitat enhancement project meeting the criteria of RCW
77.55.290(1) is not subject to grading permits, inspections, or
fees and shall be reviewed according to the provisions of
RCW 77.55.290. [2003 c 39 § 11; 1998 c 249 § 14.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
Chapter 19.27A RCW
ENERGY-RELATED BUILDING STANDARDS
Chapter 19.27A
Sections
19.27A.015 State energy code—Minimum and maximum energy code.
19.27A.020 State energy code—Adoption by state building code council—
Standards—Preemption of local residential energy codes.
19.27A.025 Nonresidential buildings—Minimum standards—Amendments.
19.27A.027 Personal wireless service facilities exempt from building envelope insulation requirements.
19.27A.035 Payments by electric utilities to owners of residential buildings—Recovery of expenses—Effect of Pacific Northwest
electric power planning and conservation act—Expiration of
subsections.
19.27A.045 Maintaining energy code for residential structures.
19.27A.050 State building code council—Construction—Inclusion of successor agency.
19.27A.060 Hot water heaters—Temperature regulation.
19.27A.065 Study of state building code relating to energy by legislative
committees on energy and utilities.
19.27A.070 Intent.
19.27A.080 Definitions.
19.27A.090 Portable oil-fueled heaters—Sales and use—Approval
required.
19.27A.100 Portable oil-fueled heaters—Requirements for approval.
19.27A.110 Portable oil-fueled heaters—Jurisdiction over approval—Sale
and use governed exclusively.
19.27A.120 Violations—Penalty.
State building code: Chapter 19.27 RCW.
19.27A.015
19.27A.015 State energy code—Minimum and maxim u m e n e rg y c o d e . E x c e p t as p r o v i d ed i n R C W
19.27A.020(7), the Washington state energy code for residential buildings shall be the maximum and minimum energy
code for residential buildings in each city, town, and county
and shall be enforced by each city, town, and county no later
than July 1, 1991. The Washington state energy code for nonresidential buildings shall be the minimum energy code for
nonresidential buildings enforced by each city, town, and
county. [1990 c 2 § 2.]
Findings—1990 c 2: "The legislature finds that using energy efficiently
in housing is one of the lowest cost ways to meet consumer demand for
energy; that using energy efficiently helps protect citizens of the state from
negative impacts due to changes in energy supply and cost; that using energy
efficiently will help mitigate negative environmental impacts of energy use
and resource development; and that using energy efficiently will help stretch
our present energy resources into the future. The legislature further finds that
the electricity surplus in the Northwest is dwindling as the population
increases and the economy expands, and that the region will eventually need
new sources of electricity generation.
It is declared policy of the state of Washington that energy be used efficiently. It is the intent of this act to establish residential building standards
that bring about the common use of energy efficient building methods, and
to assure that such methods remain economically feasible and affordable to
purchasers of newly constructed housing." [1990 c 2 § 1.]
Severability—1990 c 2: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1990 c 2 § 13.]
Effective dates—1990 c 2: See note following RCW 19.27.040.
[Title 19 RCW—page 34]
19.27A.020
19.27A.020 State energy code—Adoption by state
building code council—Standards—Preemption of local
residential energy codes. (1) No later than January 1, 1991,
the state building code council shall adopt rules to be known
as the Washington state energy code as part of the state building code.
(2) The council shall follow the legislature's standards
set forth in this section to adopt rules to be known as the
Washington state energy code. The Washington state energy
code shall be designed to require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies
within that framework. The Washington state energy code
shall be designed to allow space heating equipment efficiency to offset or substitute for building envelope thermal
performance.
(3) The Washington state energy code shall take into
account regional climatic conditions. Climate zone 1 shall
include all counties not included in climate zone 2. Climate
zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens,
and Whitman counties.
(4) The Washington state energy code for residential
buildings shall require:
(a) New residential buildings that are space heated with
electric resistance heating systems to achieve energy use
equivalent to that used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-38. The code shall
contain an exception which permits single rafter or joist
vaulted ceilings insulated to a level of R-30 (R value includes
insulation only);
(ii) In zone 1, walls insulated to a level of R-19 (R value
includes insulation only), or constructed with two by four
members, R-13 insulation batts, R-3.2 insulated sheathing,
and other normal assembly components; in zone 2 walls insulated to a level of R-24 (R value includes insulation only), or
constructed with two by six members, R-22 insulation batts,
R-3.2 insulated sheathing, and other normal construction
assembly components; for the purpose of determining equivalent thermal performance, the wall U-value shall be 0.058 in
zone 1 and 0.044 in zone 2;
(iii) Below grade walls, insulated on the interior side, to
a level of R-19 or, if insulated on the exterior side, to a level
of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only);
(iv) Floors over unheated spaces insulated to a level of
R-30 (R value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at the
perimeter;
(vi) Double glazed windows with values not more than
U-0.4;
(vii) In zone 1 the glazing area may be up to twenty-one
percent of floor area and in zone 2 the glazing area may be up
to seventeen percent of floor area where consideration of the
thermal resistance values for other building components and
solar heat gains through the glazing result in thermal performance equivalent to that achieved with thermal resistance
values for other components determined in accordance with
the equivalent thermal performance criteria of (a) of this subsection and glazing area equal to fifteen percent of the floor
area. Throughout the state for the purposes of determining
(2004 Ed.)
Energy-Related Building Standards
equivalent thermal performance, the maximum glazing area
shall be fifteen percent of the floor area; and
(viii) Exterior doors insulated to a level of R-5; or an
exterior wood door with a thermal resistance value of less
than R-5 and values for other components determined in
accordance with the equivalent thermal performance criteria
of (a) of this subsection.
(b) New residential buildings which are space-heated
with all other forms of space heating to achieve energy use
equivalent to that used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-30 in zone 1 and
R-38 in zone 2 the code shall contain an exception which permits single rafter or joist vaulted ceilings insulated to a level
of R-30 (R value includes insulation only);
(ii) Walls insulated to a level of R-19 (R value includes
insulation only), or constructed with two by four members,
R-13 insulation batts, R-3.2 insulated sheathing, and other
normal assembly components;
(iii) Below grade walls, insulated on the interior side, to
a level of R-19 or, if insulated on the exterior side, to a level
of R-10 in zone 1 and R-12 in zone 2 (R value includes insulation only);
(iv) Floors over unheated spaces insulated to a level of
R-19 in zone 1 and R-30 in zone 2 (R value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at the
perimeter;
(vi) Heat pumps with a minimum heating season performance factor (HSPF) of 6.8 or with all other energy sources
with a minimum annual fuel utilization efficiency (AFUE) of
seventy-eight percent;
(vii) Double glazed windows with values not more than
U-0.65 in zone 1 and U-0.60 in zone 2. The state building
code council, in consultation with the department of community, trade, and economic development, shall review these Uvalues, and, if economically justified for consumers, shall
amend the Washington state energy code to improve the Uvalues by December 1, 1993. The amendment shall not take
effect until July 1, 1994; and
(viii) In zone 1, the maximum glazing area shall be
twenty-one percent of the floor area. In zone 2 the maximum
glazing area shall be seventeen percent of the floor area.
Throughout the state for the purposes of determining equivalent thermal performance, the maximum glazing area shall be
fifteen percent of the floor area.
(c) The requirements of (b)(ii) of this subsection do not
apply to residences with log or solid timber walls with a minimum average thickness of three and one-half inches and
with space heat other than electric resistance.
(d) The state building code council may approve an
energy code for pilot projects of residential construction that
use innovative energy efficiency technologies intended to
result in savings that are greater than those realized in the levels specified in this section.
(5) U-values for glazing shall be determined using the
area weighted average of all glazing in the building. U-values
for vertical glazing shall be determined, certified, and labeled
in accordance with the appropriate national fenestration rating council (NFRC) standard, as determined and adopted by
the state building code council. Certification of U-values
shall be conducted by a certified, independent agency
(2004 Ed.)
19.27A.025
licensed by the NFRC. The state building code council may
develop and adopt alternative methods of determining, certifying, and labeling U-values for vertical glazing that may be
used by fenestration manufacturers if determined to be appropriate by the council. The state building code council shall
review and consider the adoption of the NFRC standards for
determining, certifying, and labeling U-values for doors and
skylights when developed and published by the NFRC. The
state building code council may develop and adopt appropriate alternative methods for determining, certifying, and labeling U-values for doors and skylights. U-values for doors and
skylights determined, certified, and labeled in accordance
with the appropriate NFRC standard shall be acceptable for
compliance with the state energy code. Sealed insulation
glass, where used, shall conform to, or be in the process of
being tested for, ASTM E-774-81 class A or better.
(6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code,
1986 edition, as amended.
(7)(a) Except as provided in (b) of this subsection, the
Washington state energy code for residential structures shall
preempt the residential energy code of each city, town, and
county in the state of Washington.
(b) The state energy code for residential structures does
not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state
energy code and which was adopted by the city, town, or
county prior to March 1, 1990. Such cities, towns, or counties
may not subsequently amend their energy code for residential
structures to exceed the requirements adopted prior to March
1, 1990.
(8) The state building code council shall consult with the
department of community, trade, and economic development
as provided in RCW 34.05.310 prior to publication of proposed rules. The department of community, trade, and economic development shall review the proposed rules for consistency with the guidelines adopted in subsection (4) of this
section. The director of the department of community, trade,
and economic development shall recommend to the state
building code council any changes necessary to conform the
proposed rules to the requirements of this section. [1998 c
245 § 8; 1996 c 186 § 502; 1994 c 226 § 1; 1990 c 2 § 3; 1985
c 144 § 2; 1979 ex.s. c 76 § 3. Formerly RCW 19.27.075.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Effective date—1994 c 226: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 226 § 2.]
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
Severability—1985 c 144: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 144 § 7.]
19.27A.025
19.27A.025 Nonresidential buildings—Minimum
standards—Amendments. (1) The minimum state energy
code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended. The state
building code council may, by rule adopted pursuant to chap[Title 19 RCW—page 35]
19.27A.027
Title 19 RCW: Business Regulations—Miscellaneous
ter 34.05 RCW, amend that code's requirements for new nonresidential buildings provided that:
(a) Such amendments increase the energy efficiency of
typical newly constructed nonresidential buildings; and
(b) Any new measures, standards, or requirements
adopted must be technically feasible, commercially available, and cost-effective to building owners and tenants.
(2) In considering amendments to the state energy code
for nonresidential buildings, the state building code council
shall establish and consult with a technical advisory committee including representatives of appropriate state agencies,
local governments, general contractors, building owners and
managers, design professionals, utilities, and other interested
and affected parties.
(3) Decisions to amend the Washington state energy
code for new nonresidential buildings shall be made prior to
December 15th of any year and shall not take effect before
the end of the regular legislative session in the next year. Any
disputed provisions within an amendment presented to the
legislature shall be approved by the legislature before going
into effect. A disputed provision is one which was adopted by
the state building code council with less than a two-thirds
majority vote. Substantial amendments to the code shall be
adopted no more frequently than every three years. [1991 c
122 § 3.]
Findings—Severability—1991 c 122: See notes following RCW
80.04.250.
19.27A.027 Personal wireless service facilities
exempt from building envelope insulation requirements.
(1) The state building code council shall exempt equipment
shelters of personal wireless service facilities from building
envelope insulation requirements.
(2) For the purposes of this section, "personal wireless
service facilities" means facilities for the provision of personal wireless services. [1996 c 323 § 4.]
19.27A.027
Findings—1996 c 323: See note following RCW 43.70.600.
19.27A.035 Payments by electric utilities to owners of
residential buildings—Recovery of expenses—Effect of
Pacific Northwest electric power planning and conservation act—Expiration of subsections. (1) Electric utilities
shall make payments to the owner at the time of construction
of a newly constructed residential building with electric resistance space heat built in compliance with the requirements of
the Washington state energy code adopted pursuant to RCW
19.27A.020 or a residential energy code in effect pursuant to
RCW 19.27A.020(7). Payments made under this section are
only required for residences in which the primary heat source
is electric resistance space heat. All or a portion of the funds
for payments may be accepted from federal agencies or other
sources. Payments are required for residential buildings on
which construction has begun on or after July 1, 1991, and
prior to July 1, 1995. Payments in an amount equal to a fixed
sum of at least nine hundred dollars per single family residence are required for such buildings so constructed which
are single family residences having two thousand square feet
or less of finished floor area. Payments in an amount equal to
a fixed sum of at least three hundred ninety dollars per multifamily residential unit, are required for such buildings so constructed which are multifamily residential units. For purposes
19.27A.035
[Title 19 RCW—page 36]
of this section, a zero lot line home and each unit in a duplex
and each attached housing unit in a planned unit development
shall each be considered a single family residence.
(2) Electric utilities which provide electrical service in
jurisdictions in which the local government has adopted an
energy code not preempted by RCW 19.27A.020(7)(b) shall
make payments as provided in subsection (1) of this section
for residential buildings on which construction has begun on
or after March 1, 1990, and prior to July 1, 1991.
(3) Nothing in this section shall prohibit an electric utility from providing incentives in excess of the payments
required by this section or from providing additional incentives for energy efficiency measures in excess of those
required under RCW 19.27A.020.
(4) This section is null and void if any electric utility providing electric service to its customers in the state of Washington purchases at least one percent of its firm energy load
from a federal agency, pursuant to section 5.(b)(1) of the
Pacific Northwest electric power planning and conservation
act (P.L. 96-501), and if such electric utility is unable to
obtain from the agency at least fifty percent of the funds to
make the payments required by this section. This subsection
shall expire June 30, 1995.
(5) The utilities and transportation commission shall provide an appropriate regulatory mechanism which allows a
utility regulated by the commission to recover expenses
incurred by the utility in making payments under this section.
(6) Subsections (1) through (3) of this section shall
expire July 1, 1996. [1993 c 64 § 2; 1990 c 2 § 4.]
Findings—1993 c 64: "The legislature finds that when new energyefficient residential building codes were enacted in 1990, payments to certain building owners were required in an effort to offset the higher costs of
more stringent component levels of residences heated with electricity. The
legislature further finds that through the code enacted by the state building
code council it is possible for owners of residences with other primary heat
sources to qualify for these payments even though the costs of these payments are borne by electricity ratepayers, and that this situation should be
corrected." [1993 c 64 § 1.]
Effective date—1993 c 64: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 19, 1993]." [1993 c 64 § 3.]
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
19.27A.045
19.27A.045 Maintaining energy code for residential
structures. The state building code council shall maintain
the state energy code for residential structures in a status
which is consistent with the state's interest as set forth in section 1, chapter 2, Laws of 1990. In maintaining the Washington state energy code for residential structures, beginning in
1996 the council shall review the Washington state energy
code every three years. After January 1, 1996, by rule
adopted pursuant to chapter 34.05 RCW, the council may
amend any provisions of the Washington state energy code to
increase the energy efficiency of newly constructed residential buildings. Decisions to amend the Washington state
energy code for residential structures shall be made prior to
December 1 of any year and shall not take effect before the
end of the regular legislative session in the next year. [1990
c 2 § 5.]
(2004 Ed.)
Energy-Related Building Standards
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
19.27A.050
19.27A.050 State building code council—Construction—Inclusion of successor agency. As used in this chapter, references to the state building code council shall be construed to include any successor agency. [2000 c 171 § 45;
1985 c 144 § 5.]
Severability—1985 c 144: See note following RCW 19.27A.020.
19.27A.060
19.27A.060 Hot water heaters—Temperature regulation. (1) "Hot water heater" means the primary source of
hot water for a residence.
(2) The thermostat of a new water heater offered for sale
or lease in this state for use in a residential unit, shall be preset by the manufacturer no higher than one hundred twenty
degrees Fahrenheit (or forty-nine degrees Celsius) or the
minimum setting on any water heater which cannot be set as
low as that temperature. Water heating systems may utilize
higher reservoir temperature if mixing valves are set or systems are designed to restrict the temperature of water to one
hundred twenty degrees Fahrenheit.
(3) Upon occupancy of a new tenant in a residential unit
leased or rented in this state, if hot water is supplied from an
accessible, individual water heater, the water heater shall be
set by the owner or agent at a temperature not higher than one
hundred twenty degrees Fahrenheit (forty-nine degrees Celsius) or the minimum setting on any water heater which cannot be set as low as that temperature. Water heating systems
may utilize higher reservoir temperature if mixing valves are
set or systems are designed to restrict the temperature of
water to one hundred twenty degrees Fahrenheit.
(4) Nothing in this section shall prohibit an owner of an
owner-occupied residential unit or resident of a leased or
rented residential unit from readjusting the temperature setting after occupancy. Any readjustment of the temperature
setting by the resident relieves the owner or agent of an individual residential unit and the manufacturer of water heaters
from liability for damages attributed to the readjustment by
the resident.
(5) The utility providing energy for any water heater
under this section shall at least annually, include in its billing
a statement:
(a) Recommending that water heaters be set no higher
than one hundred twenty degrees Fahrenheit or the minimum
setting on a water heater which cannot be set as low as that
temperature to prevent severe burns and reduce excessive
energy consumption; and
(b) That the thermostat of an individual water heater furnished in a residential unit leased or rented in this state to new
tenants shall be set no higher than one hundred twenty
degrees Fahrenheit or the minimum setting on a water heater
which cannot be set as low as that temperature pursuant to
chapter 19.27 RCW.
(6) The manufacturer of a water heater under this section
which is offered for sale or installed after July 24, 1983, shall
have a tag attached to the thermostat access plate or immediately adjacent to exposed thermostats. The tag shall state that
the thermostat settings above the preset temperature may
cause severe burns and consume excessive energy.
(2004 Ed.)
19.27A.080
(7) Nothing in this section requires or permits any
inspections other than those otherwise required or permitted
by law.
(8) This section does not apply to multiple-unit residences supplied by central water heater systems. [1985 c 119
§ 1; 1983 c 178 § 2. Formerly RCW 19.27.130.]
Findings—1983 c 178: "The legislature recognizes that unnecessarily
hot tap or bath water creates an extreme risk of severe burns, especially
among the elderly, children, and retarded persons. Annually, numerous persons suffer severe scald burns, some resulting in death, from tap or bath
water which is inordinately hot. Excessive tap and bath water temperatures
in residential usage is unnecessary for sanitary purposes. Regulation of the
setting of water temperatures upon installation can virtually eliminate incidences of dangerous scalding. Further, the legislature finds that projected
future shortages of energy in our state could be reduced or prevented by the
efficient utilization of existing energy resources. Reducing the temperature
settings on thermostats to one hundred twenty degrees Fahrenheit (or fortynine degrees Celsius) would save energy that is now unnecessarily consumed, reduce homeowners' average utility costs, and promote home safety
without any loss of comfort or health." [1983 c 178 § 1.]
19.27A.065
19.27A.065 Study of state building code relating to
energy by legislative committees on energy and utilities.
See RCW 44.39.038.
19.27A.070
19.27A.070 Intent. It is hereby declared that modern,
efficient, safety-tested portable oil-fueled heaters may be
offered for sale, sold, and used in this state. However, fire
hazards and other dangers to the health, safety, and welfare of
the inhabitants of this state may exist absent legislation to
provide reasonable assurances that portable oil-fueled heaters
offered for sale to, sold to, and used by the inhabitants of this
state are modern, efficient, and safety-tested. It is the intent of
the legislature to set forth standards for the sale and use of
approved portable oil-fueled heaters. [1983 c 134 § 1. Formerly RCW 19.27.410.]
19.27A.080
19.27A.080 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 19.27A.080 through 19.27A.120.
(1) "Portable oil-fueled heater" means any nonflue-connected, self-contained, self-supporting, oil-fueled, heating
appliance equipped with an integral reservoir, designed to be
carried from one location to another.
(2) "Oil" means any liquid fuel with a flash point of
greater than one hundred degrees Fahrenheit, including but
not limited to kerosene.
(3) "Listed" means any portable oil-fueled heater which
has been evaluated in accordance with the Underwriters Laboratories, Inc. standard for portable oil-fueled heaters or an
equivalent standard and with respect to reasonably foreseeable hazards to life and property by a nationally recognized
testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably
safe for its specific purpose and shown in a list published by
such agency and/or bears the mark, name, and/or symbol of
such agency as indication that it has been so authorized. Such
evaluation shall include but not be limited to evaluation of the
requirements hereinafter set forth.
(4) "Approved" means any listed portable oil-fueled
heater which is deemed approved if it satisfies the requirements set forth herein or adopted under RCW 19.27A.080
through 19.27A.120 and if the supplier certifies to the author[Title 19 RCW—page 37]
19.27A.090
Title 19 RCW: Business Regulations—Miscellaneous
ity having jurisdiction over the sale and use of the heater that
it is listed and in compliance with RCW 19.27A.080 through
19.27A.120.
(5) "Structure" means any building or completed construction of any kind included in state building code groups
M, R-1, R-3, B, F, S-1, S-2, and U occupancies, except sleeping rooms and bathrooms: PROVIDED, HOWEVER, That
in B, M, and S-1 occupancies, approved portable oil-fueled
heaters shall only be used under permit of the fire chief.
(6) "Supplier" means any party offering to sell to retailers or to the general public approved portable oil-fueled heaters. [1995 c 343 § 2; 1985 c 360 § 15; 1983 c 134 § 2. Formerly RCW 19.27.420.]
the approval of portable oil-fueled heaters. The sale and use
of portable oil-fueled heaters is governed exclusively by
RCW 19.27A.080 through 19.27A.120: PROVIDED, That
cities and counties may adopt local standards as provided in
RCW 19.27.040. [1995 c 369 § 8; 1986 c 266 § 85; 1985 c
360 § 16; 1983 c 134 § 5. Formerly RCW 19.27.450.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
19.27A.120
19.27A.120 Violations—Penalty. The penalty for failure to comply with RCW 19.27A.080 through 19.27A.120 is
a misdemeanor. [1985 c 360 § 17; 1983 c 134 § 6. Formerly
RCW 19.27.460.]
19.27A.090
19.27A.090 Portable oil-fueled heaters—Sales and
use—Approval required. Notwithstanding any other section of the state building code, chapter 19.27 RCW, or any
other code adopted by reference in chapter 19.27 RCW,
approved portable oil-fueled heaters may be offered for sale,
sold, and used as a supplemental heat source in structures in
the state. Portable oil-fueled heaters which are not approved
may not be offered for sale, sold, or used in this state. Any
approved portable oil-fueled heater may be offered for sale,
sold, and used in locations other than structures unless specifically prohibited by laws of this state. [1983 c 134 § 3. Formerly RCW 19.27.430.]
Chapter 19.28
Sections
PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS
19.28.006
19.28.010
19.28.021
19.28.031
19.28.041
19.28.051
19.28.061
19.27A.100
19.27A.100 Portable oil-fueled heaters—Requirements for approval. Approved portable oil-fueled heaters
must adhere to the following requirements:
(1) Labeling must be affixed to the heater to caution and
inform the user concerning:
(a) The necessity for an adequate source of ventilation
when the heater is operating;
(b) The use of suitable fuel;
(c) The proper manner of refueling;
(d) The proper placement and handling of the heater
when in operation; and
(e) The proper procedures for lighting, flame regulation,
and extinguishing the heater.
(2) Packaging must include instructions that will inform
the purchaser of proper maintenance and operation.
(3) Approved portable oil-fueled heaters must be constructed with a low center of gravity and minimum tipping
angle of thirty-three degrees from the vertical with an empty
reservoir.
(4) Approved portable oil-fueled heaters must have an
automatic safety shut-off device or inherent design feature
which eliminates fire hazards in the event of tipover and must
otherwise conform with the standards set forth in National
Fire Protection Association (NFPA) No. 31.
(5) Approved portable oil-fueled heaters must not produce carbon monoxide at rates creating a hazard when operated as intended and instructed. [1983 c 134 § 4. Formerly
RCW 19.27.440.]
Chapter 19.28 RCW
ELECTRICIANS AND
ELECTRICAL INSTALLATIONS
19.28.071
19.28.081
19.28.091
19.28.095
19.28.101
19.28.111
19.28.121
19.28.131
19.28.141
19.28.151
19.28.161
19.28.171
19.28.181
19.28.191
19.28.201
19.28.211
19.28.221
19.28.231
19.28.241
19.28.251
19.28.261
19.28.271
Definitions.
Electrical wiring requirements—General—Exceptions.
Disputes regarding local regulations—Arbitration—Appeal.
Rules, regulations, and standards.
License required—General or specialty licenses—Fees—
Application—Bond or cash deposit.
Examinations—Fees.
Electrical contractors—Designee of firm to take master electrician or administrator's examination—Administrator's certificate—Fee—Certificate duration, denial, renewal, nontransferable—Master electrician or administrator's duties.
Licensee's bond—Action on—Priorities—Cash deposit, payment from.
Actions—Local permits—Proof of licensure.
Licensing—Exemptions.
Equipment repair specialty—Scope of work.
Inspections—Notice to repair and change—Disconnection—
Entry—Concealment—Accessibility—Connection to utility—Permits, fees—Limitation.
Nonconforming installations—Disputes—Reference to board.
Board—Request for ruling—Fee—Costs.
Violations of RCW 19.28.010 through 19.28.141 and
19.28.311 through 19.28.361—Schedule of penalties—
Appeal.
RCW 19.28.101 inapplicable in certain cities and towns, electricity supply agency service areas, and rights of way of state
highways.
RCW 19.28.010 through 19.28.141 and 19.28.311 through
19.28.361 inapplicable to telegraph or telephone companies
exercising certain functions.
Certificate of competency required—Electrical training certificate—Fee—Verification and attestation of training hours.
Electrical trainee hours—Audit—Rules—Confidentiality.
Application for certificate of competency.
Certificate of competency—Eligibility for examination—
Rules.
Examination—Times—Certification of results—Contents—
Fees.
Certificate of competency—Issuance—Renewal—Continuing
education—Fees—Effect.
Persons engaged in trade or business on July 16, 1973.
Temporary permits.
Revocation of certificate of competency—Grounds—Procedure.
Powers and duties of director—Administration of RCW
19.28.161 through 19.28.271 by the department.
Exemptions from RCW 19.28.161 through 19.28.271.
Violations of RCW 19.28.161 through 19.28.271—Schedule
of penalties—Appeal.
19.27A.110
19.27A.110 Portable oil-fueled heaters—Jurisdiction
over approval—Sale and use governed exclusively. The
chief of the Washington state patrol, through the director of
fire protection, is the only authority having jurisdiction over
[Title 19 RCW—page 38]
PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS AND
TELECOMMUNICATIONS INSTALLATIONS
19.28.301
19.28.311
Application—Subchapter heading.
Electrical board.
(2004 Ed.)
Electricians and Electrical Installations
19.28.321
19.28.331
19.28.341
19.28.351
19.28.361
19.28.371
19.28.381
Enforcement—State electrical inspectors—Qualifications—
Salaries and expenses.
Inspection reports.
Revocation or suspension of license—Grounds—Appeal to
board—Fee—Costs.
Electrical license fund.
Liability for injury or damage.
Medical device—Installation, maintenance, or repair—Compliance with chapter—Limit of exemption.
Denial of renewal of certificate or license for outstanding penalties—Notice—Appeal—Hearing.
PROVISIONS APPLICABLE TO
TELECOMMUNICATIONS INSTALLATIONS
19.28.400
19.28.410
19.28.420
19.28.430
19.28.440
19.28.450
19.28.460
19.28.470
19.28.480
19.28.490
19.28.501
19.28.511
19.28.521
19.28.531
19.28.541
19.28.551
19.28.900
19.28.910
19.28.911
Definitions.
Telecommunications systems installations—Subject to this
subchapter.
Telecommunications contractor license—Application—
Bond—Issuance of license.
Administrator's examination—Certificate—Administrator's
requirements.
Examination for telecommunications administrators' certificates.
Local enforcement of subchapter—Enforcement of chapter.
Disputes regarding local regulations—Arbitration—Panel.
Inspections—Report—Required repairs/changes—Accessibility of telecommunications systems.
Unlawful acts—Interpretation of chapter.
Violation of chapter—Penalty—Appeal.
Insurance/financial responsibility.
Individual certification not required.
Limitation of action—Proof of valid license required.
Unlawful installation/maintenance—Disputed interpretation—Board to determine methods.
Entity desiring board decision—Process.
Director's authority—Adoption of rules.
Severability—1935 c 169.
Effective date—1963 c 207.
Severability—1983 c 206.
Electrical construction: Chapter 19.29 RCW.
State building code: Chapter 19.27 RCW.
PROVISIONS APPLICABLE TO
ELECTRICAL INSTALLATIONS
19.28.006
19.28.006 Definitions. The definitions in this section
apply throughout this subchapter.
(1) "Administrator" means a person designated by an
electrical contractor to supervise electrical work and electricians in accordance with the rules adopted under this chapter.
(2) "Basic electrical work" means the work classified in
(a) and (b) of this subsection as class A and class B basic
electrical work:
(a) "Class A basic electrical work" means the like-inkind replacement of a: Contactor, relay, timer, starter, circuit
board, or similar control component; household appliance;
circuit breaker; fuse; residential luminaire; lamp; snap
switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; ten horsepower or smaller motor; or wiring, appliances, devices, or
equipment as specified by rule.
(b) "Class B basic electrical work" means work other
than class A basic electrical work that requires minimal electrical circuit modifications and has limited exposure hazards.
Class B basic electrical work includes the following:
(i) Extension of not more than one branch electrical circuit limited to one hundred twenty volts and twenty amps
each where:
(A) No cover inspection is necessary; and
(B) The extension does not supply more than two outlets;
(2004 Ed.)
19.28.006
(ii) Like-in-kind replacement of a single luminaire not
exceeding two hundred seventy-seven volts and twenty
amps;
(iii) Like-in-kind replacement of a motor larger than ten
horsepower;
(iv) The following low voltage systems:
(A) Repair and replacement of devices not exceeding
one hundred volt-amperes in Class 2, Class 3, or power limited low voltage systems in one and two-family dwellings;
(B) Repair and replacement of the following devices not
exceeding one hundred volt-amperes in Class 2, Class 3, or
power limited low voltage systems in other buildings, provided the equipment is not for fire alarm or nurse call systems
and is not located in an area classified as hazardous by the
national electrical code; or
(v) Wiring, appliances, devices, or equipment as specified by rule.
(3) "Board" means the electrical board under RCW
19.28.311.
(4) "Chapter" or "subchapter" means the subchapter, if
no chapter number is referenced.
(5) "Department" means the department of labor and
industries.
(6) "Director" means the director of the department or
the director's designee.
(7) "Electrical construction trade" includes but is not
limited to installing or maintaining electrical wires and
equipment that are used for light, heat, or power and installing and maintaining remote control, signaling, power limited,
or communication circuits or systems.
(8) "Electrical contractor" means a person, firm, partnership, corporation, or other entity that offers to undertake,
undertakes, submits a bid for, or does the work of installing
or maintaining wires or equipment that convey electrical current.
(9) "Equipment" means any equipment or apparatus that
directly uses, conducts, insulates, or is operated by electricity
but does not mean: Plug-in appliances; or plug-in equipment
as determined by the department by rule.
(10) "Industrial control panel" means a factory-wired or
user-wired assembly of industrial control equipment such as
motor controllers, switches, relays, power supplies, computers, cathode ray tubes, transducers, and auxiliary devices.
The panel may include disconnect means and motor branch
circuit protective devices.
(11) "Journeyman electrician" means a person who has
been issued a journeyman electrician certificate of competency by the department.
(12) "Like-in-kind" means having similar characteristics
such as voltage requirements, current draw, and function, and
being in the same location.
(13) "Master electrician" means either a master journeyman electrician or master specialty electrician.
(14) "Master journeyman electrician" means a person
who has been issued a master journeyman electrician certificate of competency by the department and who may be designated by an electrical contractor to supervise electrical
work and electricians in accordance with rules adopted under
this chapter.
(15) "Master specialty electrician" means a person who
has been issued a specialty electrician certificate of compe[Title 19 RCW—page 39]
19.28.010
Title 19 RCW: Business Regulations—Miscellaneous
tency by the department and who may be designated by an
electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter.
(16) "Specialty electrician" means a person who has
been issued a specialty electrician certificate of competency
by the department. [2003 c 399 § 101; 2002 c 249 § 1; 2001
c 211 § 1; 2000 c 238 § 103; 1993 c 275 § 1; 1988 c 81 § 1;
1986 c 156 § 1; 1983 c 206 § 1. Formerly RCW 19.28.005.]
Part headings not law—2003 c 399: "Part headings used in this act are
not any part of the law." [2003 c 399 § 901.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.010
19.28.010 Electrical wiring requirements—General—Exceptions. (1) All wires and equipment, and installations thereof, that convey electric current and installations
of equipment to be operated by electric current, in, on, or
about buildings or structures, except for telephone, telegraph,
radio, and television wires and equipment, and television
antenna installations, signal strength amplifiers, and coaxial
installations pertaining thereto shall be in strict conformity
with this chapter, the statutes of the state of Washington, and
the rules issued by the department, and shall be in conformity
with approved methods of construction for safety to life and
property. All wires and equipment that fall within section
90.2(b)(5) of the National Electrical Code, 1981 edition, are
exempt from the requirements of this chapter. The regulations and articles in the National Electrical Code, the national
electrical safety code, and other installation and safety regulations approved by the national fire protection association,
as modified or supplemented by rules issued by the department in furtherance of safety to life and property under
authority hereby granted, shall be prima facie evidence of the
approved methods of construction. All materials, devices,
appliances, and equipment used in such installations shall be
of a type that conforms to applicable standards or be indicated as acceptable by the established standards of any electrical product testing laboratory which is accredited by the
department. Industrial control panels, utilization equipment,
and their components do not need to be listed, labeled, or otherwise indicated as acceptable by an accredited electrical
product testing laboratory unless specifically required by the
National Electrical Code, 1993 edition.
(2) Residential buildings or structures moved into or
within a county, city, or town are not required to comply with
all of the requirements of this chapter, if the original occupancy classification of the building or structure is not
changed as a result of the move. This subsection shall not
apply to residential buildings or structures that are substantially remodeled or rehabilitated.
(3) This chapter shall not limit the authority or power of
any city or town to enact and enforce under authority given
by law, any ordinance, rule, or regulation requiring an equal,
higher, or better standard of construction and an equal,
higher, or better standard of materials, devices, appliances,
and equipment than that required by this chapter. A city or
town shall require that its electrical inspectors meet the qualifications provided for state electrical inspectors in accordance with RCW 19.28.321. In a city or town having an
equal, higher, or better standard the installations, materials,
devices, appliances, and equipment shall be in accordance
with the ordinance, rule, or regulation of the city or town.
[Title 19 RCW—page 40]
Electrical equipment associated with spas, hot tubs, swimming pools, and hydromassage bathtubs shall not be offered
for sale or exchange unless the electrical equipment is certified as being in compliance with the applicable product
safety standard by bearing the certification mark of an
approved electrical products testing laboratory.
(4) Nothing in this chapter may be construed as permitting the connection of any conductor of any electric circuit
with a pipe that is connected with or designed to be connected
with a waterworks piping system, without the consent of the
person or persons legally responsible for the operation and
maintenance of the waterworks piping system. [2001 c 211 §
2; 1993 c 275 § 2; 1992 c 79 § 2. Prior: 1986 c 263 § 1; 1986
c 156 § 2; 1983 c 206 § 2; 1965 ex.s. c 117 § 1; 1963 c 207 §
1; 1935 c 169 § 1; RRS § 8307-1. Formerly RCW 19.28.020,
19.28.030, 19.28.040, 19.28.050.]
19.28.021
19.28.021 Disputes regarding local regulations—
Arbitration—Appeal. Disputes arising under RCW
19.28.010(3) regarding whether the city or town's electrical
rules, regulations, or ordinances are equal to the rules
adopted by the department shall be resolved by arbitration.
The department shall appoint two members of the board to
serve on the arbitration panel, and the city or town shall
appoint two persons to serve on the arbitration panel. These
four persons shall choose a fifth person to serve. If the four
persons cannot agree on a fifth person, the presiding judge of
the superior court of the county in which the city or town is
located shall choose a fifth person. A decision of the arbitration panel may be appealed to the superior court of the county
in which the city or town is located within thirty days after the
date the panel issues its final decision. [2000 c 171 § 46;
1988 c 81 § 2; 1983 c 206 § 3. Formerly RCW 19.28.015.]
19.28.031
19.28.031 Rules, regulations, and standards. (1) Prior
to January 1st of each year, the director shall obtain an
authentic copy of the national electrical code, latest revision.
The department, after consulting with the board and receiving
the board's recommendations, shall adopt reasonable rules in
furtherance of safety to life and property. All rules shall be
kept on file by the department. Compliance with the rules
shall be prima facie evidence of compliance with this chapter.
The department upon request shall deliver to all persons,
firms, partnerships, corporations, or other entities licensed
under this chapter a copy of the rules.
(2) The department shall also obtain and keep on file an
authentic copy of any applicable regulations and standards of
any electrical product testing laboratory which is accredited
by the department prescribing rules, regulations, and standards for electrical materials, devices, appliances, and equipment, including any modifications and changes that have
been made during the previous year. [1993 c 275 § 3; 1988 c
81 § 3; 1986 c 156 § 3; 1983 c 206 § 4; 1965 ex.s. c 117 § 2;
1935 c 169 § 10; RRS § 8307-10. Formerly RCW 19.28.060.]
19.28.041
19.28.041 License required—General or specialty
licenses—Fees—Application—Bond or cash deposit. (1)
It is unlawful for any person, firm, partnership, corporation,
or other entity to engage in, conduct, or carry on the business
of installing or maintaining wires or equipment to convey
(2004 Ed.)
Electricians and Electrical Installations
electric current, or installing or maintaining equipment to be
operated by electric current as it pertains to the electrical
industry, without having an unrevoked, unsuspended, and
unexpired electrical contractor license, issued by the department in accordance with this chapter. All electrical contractor
licenses expire twenty-four calendar months following the
day of their issue. The department may issue an electrical
contractors license for a period of less than twenty-four
months only for the purpose of equalizing the number of electrical contractor licenses that expire each month. Application
for an electrical contractor license shall be made in writing to
the department, accompanied by the required fee. The application shall state:
(a) The name and address of the applicant; in case of
firms or partnerships, the names of the individuals composing
the firm or partnership; in case of corporations, the names of
the managing officials thereof;
(b) The location of the place of business of the applicant
and the name under which the business is conducted;
(c) Employer social security number;
(d) Evidence of workers' compensation coverage for the
applicant's employees working in Washington, as follows:
(i) The applicant's industrial insurance account number
issued by the department;
(ii) The applicant's self-insurer number issued by the
department; or
(iii) For applicants domiciled in a state or province of
Canada subject to an agreement entered into under RCW
51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the
workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the
payment of compensation under the other state's or province's
workers' compensation law;
(e) Employment security department number;
(f) State excise tax registration number;
(g) Unified business identifier (UBI) account number
may be substituted for the information required by (d) of this
subsection if the applicant will not employ employees in
Washington, and by (e) and (f) of this subsection; and
(h) Whether a general or specialty electrical contractor
license is sought and, if the latter, the type of specialty. Electrical contractor specialties include, but are not limited to:
Residential, pump and irrigation, limited energy system,
signs, nonresidential maintenance, restricted nonresidential
maintenance, appliance repair, and a combination specialty.
A general electrical contractor license shall grant to the
holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry
electric current, and installing or maintaining equipment, or
installing or maintaining material to fasten or insulate such
wires or equipment to be operated by electric current, in the
state of Washington. A specialty electrical contractor license
shall grant to the holder a limited right to engage in, conduct,
or carry on the business of installing or maintaining wires or
equipment to carry electrical current, and installing or maintaining equipment; or installing or maintaining material to
fasten or insulate such wires or equipment to be operated by
electric current in the state of Washington as expressly
allowed by the license.
(2004 Ed.)
19.28.041
(2) The department may verify the workers' compensation coverage information provided by the applicant under
subsection (1)(d) of this section, including but not limited to
information regarding the coverage of an individual
employee of the applicant. If coverage is provided under the
laws of another state, the department may notify the other
state that the applicant is employing employees in Washington.
(3) The application for an electrical contractor license
shall be accompanied by a bond in the sum of four thousand
dollars with the state of Washington named as obligee in the
bond, with good and sufficient surety, to be approved by the
department. The bond shall at all times be kept in full force
and effect, and any cancellation or revocation thereof, or
withdrawal of the surety therefrom, suspends the license
issued to the principal until a new bond has been filed and
approved as provided in this section. Upon approval of a
bond, the department shall on the next business day deposit
the fee accompanying the application in the electrical license
fund and shall file the bond in the office. The department
shall upon request furnish to any person, firm, partnership,
corporation, or other entity a certified copy of the bond upon
the payment of a fee that the department shall set by rule. The
fee shall cover but not exceed the cost of furnishing the certified copy. The bond shall be conditioned that in any installation or maintenance of wires or equipment to convey electrical current, and equipment to be operated by electrical current, the principal will comply with the provisions of this
chapter and with any electrical ordinance, building code, or
regulation of a city or town adopted pursuant to RCW
19.28.010(3) that is in effect at the time of entering into a
contract. The bond shall be conditioned further that the principal will pay for all labor, including employee benefits, and
material furnished or used upon the work, taxes and contributions to the state of Washington, and all damages that may be
sustained by any person, firm, partnership, corporation, or
other entity due to a failure of the principal to make the installation or maintenance in accordance with this chapter or any
applicable ordinance, building code, or regulation of a city or
town adopted pursuant to RCW 19.28.010(3). In lieu of the
surety bond required by this section the license applicant may
file with the department a cash deposit or other negotiable
security acceptable to the department. If the license applicant
has filed a cash deposit, the department shall deposit the
funds in a special trust savings account in a commercial bank,
mutual savings bank, or savings and loan association and
shall pay annually to the depositor the interest derived from
the account.
(4) The department shall issue general or specialty electrical contractor licenses to applicants meeting all of the
requirements of this chapter. The provisions of this chapter
relating to the licensing of any person, firm, partnership, corporation, or other entity including the requirement of a bond
with the state of Washington named as obligee therein and
the collection of a fee therefor, are exclusive, and no political
subdivision of the state of Washington may require or issue
any licenses or bonds or charge any fee for the same or a similar purpose. No person, firm, partnership, corporation, or
other entity holding more than one specialty contractor
license under this chapter may be required to pay an annual
fee for more than one such license or to post more than one
[Title 19 RCW—page 41]
19.28.051
Title 19 RCW: Business Regulations—Miscellaneous
four thousand dollar bond, equivalent cash deposit, or other
negotiable security.
(5) To obtain a general or specialty electrical contractor
license the applicant must designate an individual who currently possesses a valid master journeyman electrician's certificate of competency, master specialty electrician's certificate of competency in the specialty for which application has
been made, or administrator's certificate as a general electrical contractor administrator or as a specialty electrical contractor administrator in the specialty for which application
has been made.
(6) Administrator certificate specialties include but are
not limited to: Residential, pump and irrigation, limited
energy system, signs, nonresidential maintenance, restricted
nonresidential maintenance, appliance repair, and combination specialty. To obtain an administrator's certificate an individual must pass an examination as set forth in RCW
19.28.051 unless the applicant was a licensed electrical contractor at any time during 1974. Applicants who were electrical contractors licensed by the state of Washington at any
time during 1974 are entitled to receive a general electrical
contractor administrator's certificate without examination if
the applicants apply prior to January 1, 1984. The board of
electrical examiners shall certify to the department the names
of all persons who are entitled to either a general or specialty
electrical contractor administrator's certificate. [2002 c 249 §
2; 2001 c 211 § 3; 1998 c 279 § 4; 1992 c 217 § 2; 1986 c 156
§ 5; 1983 c 206 § 5; 1975 1st ex.s. c 195 § 1; 1975 1st ex.s. c
92 § 1; 1974 ex.s. c 188 § 1; 1971 ex.s. c 129 § 1; 1969 ex.s.
c 71 § 2; 1969 c 30 § 1. Prior: 1967 ex.s. c 15 § 1; 1967 c 88
§ 2; 1965 ex.s. c 117 § 3; 1963 c 207 § 2; 1959 c 325 § 1;
1935 c 169 § 4; RRS § 8307-4; prior: 1919 c 204 §§ 1, 2. Formerly RCW 19.28.120, 19.28.130, 19.28.140, 19.28.150,
19.28.160, 19.28.170.]
Finding—Intent—1998 c 279: See note following RCW 51.12.120.
Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: "If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c
195 § 4; 1975 1st ex.s. c 92 § 4.]
Effective date—1974 ex.s. c 188: "The effective date of this 1974
amendatory act is July 1, 1974." [1974 ex.s. c 188 § 6.]
Severability—1974 ex.s. c 188: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 188 § 5.]
Effective date—1971 ex.s. c 129: "The effective date of this 1971
amendatory act shall be December 1, 1971." [1971 ex.s. c 129 § 3.]
19.28.051
19.28.051 Examinations—Fees. It shall be the purpose
and function of the board to establish, in addition to a general
electrical contractors' license, such classifications of specialty electrical contractors' licenses as it deems appropriate
with regard to individual sections pertaining to state adopted
codes in this chapter. In addition, it shall be the purpose and
function of the board to establish and administer written
examinations for general electrical administrators' certificates and the various specialty electrical administrators' certificates. Examinations shall be designed to reasonably insure
that general and specialty electrical administrators' certificate
holders are competent to engage in and supervise the work
covered by this statute and their respective licenses. The
[Title 19 RCW—page 42]
examinations shall include questions from the following categories to assure proper safety and protection for the general
public: (1) Safety, (2) state electrical code, and (3) electrical
theory. The department with the consent of the board shall be
permitted to enter into a contract with a professional testing
agency to develop, administer, and score these examinations.
The fee for the examination may be set by the department in
its contract with the professional testing agency. The department may direct that the applicant pay the fee to the professional testing agency. The fee shall cover but not exceed the
costs of preparing and administering the examination. It shall
be the further purpose and function of this board to advise the
director as to the need of additional electrical inspectors and
compliance officers to be utilized by the director on either a
full-time or part-time employment basis and to carry out the
duties enumerated in RCW 19.28.161 through 19.28.271 as
well as generally advise the department on all matters relative
to RCW 19.28.161 through 19.28.271. [2001 c 211 § 4; 1996
c 147 § 6; 1988 c 81 § 5; 1986 c 156 § 6; 1984 c 287 § 57;
1977 ex.s. c 79 § 1; 1975-'76 2nd ex.s. c 34 § 62; 1975 1st
ex.s. c 195 § 2; 1975 1st ex.s. c 92 § 2; 1974 ex.s. c 188 § 2.
Formerly RCW 19.28.123.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: See note following RCW 19.28.041.
Effective date—Severability—1974 ex.s. c 188: See notes following
RCW 19.28.041.
19.28.061
19.28.061 Electrical contractors—Designee of firm to
take master electrician or administrator's examination—
Administrator's certificate—Fee—Certificate duration,
denial, renewal, nontransferable—Master electrician or
administrator's duties. (1) Each applicant for an electrical
contractor's license, other than an individual, shall designate
a supervisory employee or member of the firm to take the
required master electrician's or administrator's examination.
Effective July 1, 1987, a supervisory employee designated as
the electrical contractor's master electrician or administrator
shall be a full-time supervisory employee. This person shall
be designated as master electrician or administrator under the
license. No person may concurrently qualify as master electrician or administrator for more than one contractor. If the
relationship of the master electrician or administrator with
the electrical contractor is terminated, the contractor's license
is void within ninety days unless another master electrician or
administrator is qualified by the board. However, if the master electrician or administrator dies or is otherwise incapacitated, the contractor's license is void within one hundred
eighty days unless another master electrician or administrator
is qualified by the board. The contractor must notify the
department in writing within ten days if the master electrician's or administrator's relationship with the contractor terminates due to the master electrician's or administrator's
death or incapacitation.
(2) The department must issue an administrator's certificate to all applicants who have passed the examination as
provided in RCW 19.28.051 and this section, and who have
complied with the rules adopted under this chapter. The
(2004 Ed.)
Electricians and Electrical Installations
administrator's certificate must bear the date of issuance,
expires on the holder's birthday, and is nontransferable. The
certificate must be renewed every three years, upon application, on or before the holder's birthday.
(a) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual
eight-hour continuing education course, the certificate may
be renewed by appropriate application without examination
unless the certificate has been revoked, suspended, or not
renewed within ninety days after the expiration date.
(b) The contents and requirements for satisfactory completion of the continuing education course must be determined by the director and approved by the board.
(c) The department must accept proof of a certificate
holder's satisfactory completion of a continuing education
course offered in another state as meeting the requirements
for maintaining a current Washington state certificate if the
department is satisfied the course is comparable in nature to
that required in Washington state for maintaining a current
certificate.
(3) A fee must be assessed for each administrator's certificate and for each renewal. An individual holding more than
one administrator's certificate under this chapter is not
required to pay fees for more than one certificate. The department must set the fees by rule for issuance and renewal of a
certificate. The fees must cover, but not exceed, the costs of
issuing the certificates and of administering and enforcing the
administrator certification requirements of this chapter.
(4) The department may deny an application for an
administrator's certificate for up to two years if the applicant's
previous administrator's certificate has been revoked for a
serious violation and all appeals concerning the revocation
have been exhausted. For the purposes of this section only, a
serious violation is a violation that presents imminent danger
to the public. The certificate may be renewed for a three-year
period without examination by appropriate application unless
the certificate has been revoked, suspended, or not renewed
within ninety days after the expiration date. If the certificate
is not renewed before the expiration date, the individual shall
pay twice the usual fee. A person may take the administrator's
examination as many times as necessary to pass without
limit.
(5) The designated master electrician or administrator
shall:
(a) Be a member of the firm or a supervisory employee
and shall be available during working hours to carry out the
duties of an administrator under this section;
(b) Ensure that all electrical work complies with the electrical installation laws and rules of the state;
(c) Ensure that the proper electrical safety procedures are
used;
(d) Ensure that all electrical labels, permits, and licenses
required to perform electrical work are used;
(e) See that corrective notices issued by an inspecting
authority are complied with; and
(f) Notify the department in writing within ten days if the
master electrician or administrator terminates the relationship
with the electrical contractor.
(6) The department shall not by rule change the administrator's duties under subsection (5) of this section. [2002 c
249 § 3; 1996 c 241 § 3; 1988 c 81 § 6; 1986 c 156 § 7; 1983
(2004 Ed.)
19.28.091
c 206 § 6; 1975 1st ex.s. c 195 § 3; 1975 1st ex.s. c 92 § 3;
1974 ex.s. c 188 § 4. Formerly RCW 19.28.125.]
Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: See note following RCW 19.28.041.
Effective date—Severability—1974 ex.s. c 188: See notes following
RCW 19.28.041.
19.28.071
19.28.071 Licensee's bond—Action on—Priorities—
Cash deposit, payment from. Any person, firm, or corporation sustaining any damage or injury by reason of the principal's breach of the conditions of the bond required under
RCW 19.28.041 may bring an action against the surety
named therein, joining in the action the principal named in
the bond; the action shall be brought in the superior court of
any county in which the principal on the bond resides or
transacts business, or in the county in which the work was
performed as a result of which the breach is alleged to have
occurred; the action shall be maintained and prosecuted as
other civil actions. Claims or actions against the surety on the
bond shall be paid in full in the following order of priority:
(1) Labor, including employee benefits, (2) materials and
equipment used upon such work, (3) taxes and contributions
due to the state, (4) damages sustained by any person, firm or
corporation due to the failure of the principal to make the
installation in accordance with the provisions of chapter
19.28 RCW, or any ordinance, building code, or regulation
applicable thereto: PROVIDED, That the total liability of the
surety on any bond shall not exceed the sum of four thousand
dollars and the surety on the bond shall not be liable for monetary penalties; and any action shall be brought within one
year from the completion of the work in the performance of
which the breach is alleged to have occurred. The surety shall
mail a conformed copy of the judgment against the bond to
the department within seven days.
In the event that a cash or securities deposit has been
made in lieu of the surety bond, and in the event of a judgment being entered against such depositor and deposit, the
director shall upon receipt of a certified copy of a final judgment, pay said judgment from such deposit. [2001 c 211 § 5;
1986 c 156 § 8; 1969 ex.s. c 71 § 3; 1965 ex.s. c 117 § 4; 1935
c 169 § 5; RRS § 8307-5. Prior: 1919 c 204 § 4. Formerly
RCW 19.28.180.]
19.28.081
19.28.081 Actions—Local permits—Proof of licensure. No person, firm or corporation engaging in, conducting
or carrying on the business of installing wires or equipment to
convey electric current, or installing apparatus to be operated
by said current, shall be entitled to commence or maintain
any suit or action in any court of this state pertaining to any
such work or business, without alleging and proving that such
person, firm or corporation held, at the time of commencing
and performing such work, an unexpired, unrevoked and
unsuspended license issued under the provisions of this chapter; and no city or town requiring by ordinance or regulation
a permit for inspection or installation of such electrical work,
shall issue such permit to any person, firm or corporation not
holding such license. [1986 c 156 § 9; 1935 c 169 § 6; RRS
§ 8307-6. Formerly RCW 19.28.190.]
19.28.091
19.28.091 Licensing—Exemptions. (1) No license
under the provision of this chapter shall be required from any
[Title 19 RCW—page 43]
19.28.095
Title 19 RCW: Business Regulations—Miscellaneous
utility or any person, firm, partnership, corporation, or other
entity employed by a utility because of work in connection
with the installation, repair, or maintenance of lines, wires,
apparatus, or equipment owned by or under the control of a
utility and used for transmission or distribution of electricity
from the source of supply to the point of contact at the premises and/or property to be supplied and service connections
and meters and other apparatus or appliances used in the measurement of the consumption of electricity by the customer.
(2) No license under the provisions of this chapter shall
be required from any utility because of work in connection
with the installation, repair, or maintenance of the following:
(a) Lines, wires, apparatus, or equipment used in the
lighting of streets, alleys, ways, or public areas or squares;
(b) Lines, wires, apparatus, or equipment owned by a
commercial, industrial, or public institution customer that are
an integral part of a transmission or distribution system,
either overhead or underground, providing service to such
customer and located outside the building or structure: PROVIDED, That a utility does not initiate the sale of services to
perform such work;
(c) Lines and wires, together with ancillary apparatus,
and equipment, owned by a customer that is an independent
power producer who has entered into an agreement for the
sale of electricity to a utility and that are used in transmitting
electricity from an electrical generating unit located on premises used by such customer to the point of interconnection
with the utility's system.
(3) Any person, firm, partnership, corporation, or other
entity licensed under RCW 19.28.041 may enter into a contract with a utility for the performance of work under subsection (2) of this section.
(4) No license under the provisions of this chapter shall
be required from any person, firm, partnership, corporation,
or other entity because of the work of installing and repairing
ignition or lighting systems for motor vehicles.
(5) No license under the provisions of this chapter shall
be required from any person, firm, partnership, corporation,
or other entity because of work in connection with the installation, repair, or maintenance of wires and equipment, and
installations thereof, exempted in RCW 19.28.010.
(6) The department may by rule exempt from licensing
requirements under this chapter work performed on premanufactured electric power generation equipment assemblies
and control gear involving the testing, repair, modification,
maintenance, or installation of components internal to the
power generation equipment, the control gear, or the transfer
switch.
(7) This chapter does not require an electrical contractor
license if: (a) An appropriately certified electrician or a properly supervised certified electrical trainee is performing the
installation, repair, or maintenance of wires and equipment
for a nonprofit corporation that holds a current tax exempt
status as provided under 26 U.S.C. Sec. 501(c)(3) or a nonprofit religious organization; (b) the certified electrician or
certified electrical trainee is not compensated for the electrical work; and (c) the value of the electrical work does not
exceed thirty thousand dollars.
(8) An entity that currently holds a valid specialty or
general plumbing contractor's registration under chapter
18.27 RCW may employ a certified plumber, a certified resi[Title 19 RCW—page 44]
dential plumber, or a plumber trainee meeting the requirements of chapter 18.106 RCW to perform electrical work that
is incidentally, directly, and immediately appropriate to the
like-in-kind replacement of a household appliance or other
small household utilization equipment that requires limited
electric power and limited waste and/or water connections. A
plumber trainee must be supervised by a certified plumber or
a certified residential plumber while performing electrical
work. The electrical work is subject to the permitting and
inspection requirements of this chapter. [2003 c 399 § 301;
2003 c 242 § 1; 2001 c 211 § 6; 1998 c 98 § 1; 1992 c 240 §
1; 1980 c 30 § 15; 1935 c 169 § 11; RRS § 8307-11. Formerly RCW 19.28.200.]
Reviser's note: This section was amended by 2003 c 242 § 1 and by
2003 c 399 § 301, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—2003 c 399: See note following RCW
19.28.006.
19.28.095
19.28.095 Equipment repair specialty—Scope of
work. (1) The scope of work for the equipment repair specialty involves servicing, maintaining, repairing, or replacing
utilization equipment.
(2) "Utilization equipment" means equipment that is: (a)
Self-contained on a single skid or frame; (b) factory built to
standardized sizes or types; (c) listed or field evaluated by a
laboratory or approved by the department under WAC 29646B-030; and (d) connected as a single unit to a single source
of electrical power limited to a maximum of six hundred
volts. The equipment may also be connected to a separate
single source of electrical control power limited to a maximum of two hundred fifty volts. Utilization equipment does
not include devices used for occupant space heating by industrial, commercial, hospital, educational, public, and private
commercial buildings, and other end users.
(3) "Servicing, maintaining, repairing, or replacing utilization equipment" includes:
(a) The like-in-kind replacement of the equipment if the
same unmodified electrical circuit is used to supply the
equipment being replaced;
(b) The like-in-kind replacement or repair of remote control components that are integral to the operation of the
equipment;
(c) The like-in-kind replacement or repair of electrical
components within the equipment; and
(d) The disconnection, replacement, and reconnection of
low-voltage control and line voltage supply whips not over
six feet in length provided there are no modifications to the
characteristics of the branch circuit.
(4) "Servicing, maintaining, repairing, or replacing utilization equipment" does not include:
(a) The installation, repair, or modification of wiring that
interconnects equipment and/or remote components, branch
circuit conductors, services, feeders, panelboards, disconnect
switches, motor control centers, remote magnetic starters/contactors, or raceway/conductor systems interconnecting multiple equipment or other electrical components;
(b) Any work providing electrical feeds into the power
distribution unit or installation of conduits and raceways; or
(2004 Ed.)
Electricians and Electrical Installations
(c) Any electrical work governed under article(s) 500,
501, 502, 503, 504, 505, 510, 511, 513, 514, 515, or 516 NEC
(i.e., classified locations), except for electrical work in sewage pumping stations. [2003 c 399 § 602.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
19.28.101
19.28.101 Inspections—Notice to repair and
change—Disconnection—Entry—Concealment—Accessibility—Connection to utility—Permits, fees—Limitation. (1) The director shall cause an inspector to inspect all
wiring, appliances, devices, and equipment to which this
chapter applies except for basic electrical work as defined in
this chapter. The department may not require an electrical
work permit for class A basic electrical work unless deficiencies in the installation or repair require inspection. The
department may inspect class B basic electrical work on a
random basis as specified by the department in rule. Nothing
contained in this chapter may be construed as providing any
authority for any subdivision of government to adopt by ordinance any provisions contained or provided for in this chapter except those pertaining to cities and towns pursuant to
RCW 19.28.010(3).
(2) Upon request, electrical inspections will be made by
the department within forty-eight hours, excluding holidays,
Saturdays, and Sundays. If, upon written request, the electrical inspector fails to make an electrical inspection within
twenty-four hours, the serving utility may immediately connect electrical power to the installation if the necessary electrical work permit is displayed: PROVIDED, That if the
request is for an electrical inspection that relates to a mobile
home installation, the applicant shall provide proof of a current building permit issued by the local government agency
authorized to issue such permits as a prerequisite for inspection approval or connection of electrical power to the mobile
home.
(3) Whenever the installation of any wiring, device,
appliance, or equipment is not in accordance with this chapter, or is in such a condition as to be dangerous to life or property, the person, firm, partnership, corporation, or other entity
owning, using, or operating it shall be notified by the department and shall within fifteen days, or such further reasonable
time as may upon request be granted, make such repairs and
changes as are required to remove the danger to life or property and to make it conform to this chapter. The director,
through the inspector, is hereby empowered to disconnect or
order the discontinuance of electrical service to conductors or
equipment that are found to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making
a disconnection the inspector shall attach a notice stating that
the conductors have been found dangerous to life or property
and are not in accordance with this chapter. It is unlawful for
any person to reconnect such defective conductors or equipment without the approval of the department, and until the
conductors and equipment have been placed in a safe and
secure condition, and in a condition that complies with this
chapter.
(4) The director, through the electrical inspector, has the
right during reasonable hours to enter into and upon any
building or premises in the discharge of his or her official
duties for the purpose of making any inspection or test of the
(2004 Ed.)
19.28.111
installation of new construction or altered electrical wiring,
electrical devices, equipment, or material contained in or on
the buildings or premises. No electrical wiring or equipment
subject to this chapter may be concealed until it has been
approved by the inspector making the inspection. At the time
of the inspection, electrical wiring or equipment subject to
this chapter must be sufficiently accessible to permit the
inspector to employ any testing methods that will verify conformance with the national electrical code and any other
requirements of this chapter.
(5) Persons, firms, partnerships, corporations, or other
entities making electrical installations shall obtain inspection
and approval from an authorized representative of the department as required by this chapter before requesting the electric
utility to connect to the installations. Electric utilities may
connect to the installations if approval is clearly indicated by
certification of the electrical work permit required to be
affixed to each installation or by equivalent means, except
that increased or relocated services may be reconnected
immediately at the discretion of the utility before approval if
an electrical work permit is displayed. The permits shall be
furnished upon payment of the fee to the department.
(6) The director, subject to the recommendations and
approval of the board, shall set by rule a schedule of license
and electrical work permit fees that will cover the costs of
administration and enforcement of this chapter. The rules
shall be adopted in accordance with the administrative procedure act, chapter 34.05 RCW. No fee may be charged for
plug-in mobile homes, recreational vehicles, or portable
appliances.
(7) Nothing in this chapter shall authorize the inspection
of any wiring, appliance, device, or equipment, or installations thereof, by any utility or by any person, firm, partnership, corporation, or other entity employed by a utility in connection with the installation, repair, or maintenance of lines,
wires, apparatus, or equipment owned by or under the control
of the utility. All work covered by the national electric code
not exempted by the 1981 edition of the national electric code
90-2(B)(5) shall be inspected by the department. [2003 c 399
§ 201; 1996 c 241 § 4; 1992 c 240 § 2; 1989 c 344 § 1; 1988
c 81 § 7; 1983 c 206 § 7; 1971 ex.s. c 129 § 2; 1969 ex.s. c 71
§ 4; 1967 c 88 § 3; 1965 ex.s. c 117 § 5; 1963 c 207 § 3; 1959
c 325 § 2; 1935 c 169 § 8; RRS § 8307-8. Formerly RCW
19.28.210, 19.28.220, 19.28.230, 19.28.240.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Effective date—1971 ex.s. c 129: See note following RCW 19.28.041.
Adoption of certain regulations proscribed: RCW 36.32.125.
RCW 19.28.101 inapplicable in certain cities, towns, electricity supply
agency service areas, and rights of way of state highways: RCW
19.28.141.
19.28.111
19.28.111 Nonconforming installations—Disputes—
Reference to board. It is unlawful for any person, firm, partnership, corporation, or other entity to install or maintain any
electrical wiring, appliances, devices, or equipment not in
accordance with this chapter. In cases where the interpretation and application of the installation or maintenance standards prescribed in this chapter is in dispute or in doubt, the
board shall, upon application of any interested person, firm,
partnership, corporation, or other entity, determine the meth[Title 19 RCW—page 45]
19.28.121
Title 19 RCW: Business Regulations—Miscellaneous
ods of installation or maintenance or the materials, devices,
appliances, or equipment to be used in the particular case
submitted for its decision. [1988 c 81 § 8; 1983 c 206 § 9;
1935 c 169 § 2; RRS § 8307-2. Formerly RCW 19.28.260.]
to review a proposed decision and shall issue its decision no
later than the next regularly scheduled board meeting. [2001
c 211 § 8; 1996 c 147 § 7; 1988 c 81 § 12; 1986 c 156 § 11;
1983 c 206 § 12; 1980 c 30 § 16; 1935 c 169 § 14; RRS §
8307-14. Formerly RCW 19.28.350.]
19.28.121
19.28.121 Board—Request for ruling—Fee—Costs.
Any person, firm, partnership, corporation, or other entity
desiring a decision of the board pursuant to RCW 19.28.111
shall, in writing, notify the director of such desire and shall
accompany the notice with a certified check payable to the
department in the sum of two hundred dollars. The notice
shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other
entity as to the proper interpretation or application on the
question on which a decision is desired. If the board determines that the contention of the applicant for a decision was
proper, the two hundred dollars shall be returned to the applicant; otherwise it shall be used in paying the expenses and per
diem of the members of the board in connection with the matter. Any portion of the two hundred dollars not used in paying
the per diem and expenses of the board in the case shall be
paid into the electrical license fund. [2001 c 211 § 7; 1988 c
81 § 9; 1983 c 206 § 10; 1935 c 169 § 13; RRS § 8307-13.
Formerly RCW 19.28.300.]
19.28.131
19.28.131 Violations of RCW 19.28.010 through
19.28.141 and 19.28.311 through 19.28.361—Schedule of
penalties—Appeal. Any person, firm, partnership, corporation, or other entity violating any of the provisions of RCW
19.28.010 through 19.28.141 and 19.28.311 through
19.28.361 shall be assessed a penalty of not less than fifty
dollars or more than ten thousand dollars. The department
shall set by rule a schedule of penalties for violating RCW
19.28.010 through 19.28.141 and 19.28.311 through
19.28.361. The department shall notify the person, firm, partnership, corporation, or other entity violating any of the provisions of RCW 19.28.010 through 19.28.141 and 19.28.311
through 19.28.361 of the amount of the penalty and of the
specific violation by certified mail, return receipt requested,
sent to the last known address of the assessed party. Any penalty is subject to review by an appeal to the board. The filing
of an appeal stays the effect of the penalty until the board
makes its decision. The appeal shall be filed within twenty
days after notice of the penalty is given to the assessed party
by certified mail, return receipt requested, sent to the last
known address of the assessed party and shall be made by filing a written notice of appeal with the department. The notice
shall be accompanied by a certified check for two hundred
dollars, which shall be returned to the assessed party if the
decision of the department is not sustained by the board. If
the board sustains the decision of the department, the two
hundred dollars shall be applied by the department to the payment of the per diem and expenses of the members of the
board incurred in the matter, and any balance remaining after
payment of per diem and expenses shall be paid into the electrical license fund. The hearing and review procedures shall
be conducted in accordance with chapter 34.05 RCW. The
board shall assign its hearings to an administrative law judge
to conduct the hearing and issue a proposed decision and
order. The board shall be allowed a minimum of twenty days
[Title 19 RCW—page 46]
19.28.141
19.28.141 RCW 19.28.101 inapplicable in certain cities and towns, electricity supply agency service areas, and
rights of way of state highways. (1) Except as provided in
subsection (2) of this section, the provisions of RCW
19.28.101 shall not apply:
(a) Within the corporate limits of any incorporated city
or town which has heretofore adopted and enforced or subsequently adopts and enforces an ordinance requiring an equal,
higher or better standard of construction and of materials,
devices, appliances and equipment than is required by this
chapter.
(b) Within the service area of an electricity supply
agency owned and operated by a city or town which is supplying electricity and enforcing a standard of construction
and materials outside its corporate limits [on] July 1, 1963.
The city, town, or agency shall enforce by inspection within
its service area outside its corporate limits the same standards
of construction and of materials, devices, appliances and
equipment as are enforced by the department of labor and
industries under this chapter. Fees charged in connection
with such enforcement shall not exceed those established in
RCW 19.28.101.
(c) Within the rights of way of state highways, provided
the state department of transportation maintains and enforces
an equal, higher or better standard of construction and of
materials, devices, appliances and equipment than is required
by RCW 19.28.010 through 19.28.141 and 19.28.311 through
19.28.361.
(2) A city, town, or electrical supply agency is permitted,
but not required, to enforce the same permitting and inspection standards applicable to basic electrical work as are
enforced by the department of labor and industries. [2003 c
399 § 202; 2001 c 211 § 9; 1986 c 156 § 12; 1967 ex.s. c 97
§ 1; 1963 c 207 § 4; 1959 c 325 § 3. Formerly RCW
19.28.360.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
Effective date—1963 c 207: See RCW 19.28.910.
19.28.151
19.28.151 RCW 19.28.010 through 19.28.141 and
19.28.311 through 19.28.361 inapplicable to telegraph or
telephone companies exercising certain functions. The
provisions of RCW 19.28.010 through 19.28.141 and
19.28.311 through 19.28.361 shall not apply to the work of
installing, maintaining or repairing any and all electrical
wires, apparatus, installations or equipment used or to be
used by a telegraph company or a telephone company in the
exercise of its functions and located outdoors or in a building
or buildings used exclusively for that purpose. [2001 c 211 §
10; 2000 c 171 § 47; 1980 c 30 § 17; 1959 c 325 § 4. Formerly
RCW 19.28.370.]
19.28.161
19.28.161 Certificate of competency required—Electrical training certificate—Fee—Verification and attesta(2004 Ed.)
Electricians and Electrical Installations
tion of training hours. (1) No person may engage in the
electrical construction trade without having a valid master
journeyman electrician certificate of competency, journeyman electrician certificate of competency, master specialty
electrician certificate of competency, or specialty electrician
certificate of competency issued by the department in accordance with this chapter. Electrician certificate of competency
specialties include, but are not limited to: Residential, pump
and irrigation, limited energy system, signs, nonresidential
maintenance, restricted nonresidential maintenance, and
appliance repair.
(2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the electrical
construction trade or who is learning the electrical construction trade may work in the electrical construction trade if
supervised by a certified master journeyman electrician, journeyman electrician, master specialty electrician in that electrician's specialty, or specialty electrician in that electrician's
specialty. All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department. The certificate shall authorize the
holder to learn the electrical construction trade while under
the direct supervision of a master journeyman electrician,
journeyman electrician, master specialty electrician working
in that electrician's specialty, or specialty electrician working
in that electrician's specialty. The holder of the electrical
training certificate shall renew the certificate biennially. At
the time of renewal, the holder shall provide the department
with an accurate list of the holder's employers in the electrical
construction industry for the previous biennial period and the
number of hours worked for each employer. A biennial fee
shall be charged for the issuance or renewal of the certificate.
The department shall set the fee by rule. The fee shall cover
but not exceed the cost of administering and enforcing the
trainee certification and supervision requirements of this
chapter. Apprentices and individuals learning the electrical
construction trade shall have their electrical training certificates in their possession at all times that they are performing
electrical work. They shall show their certificates to an authorized representative of the department at the representative's
request.
(3) Any person who has been issued an electrical training
certificate under this chapter may work if that person is under
supervision. Supervision shall consist of a person being on
the same job site and under the control of either a certified
master journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty,
or specialty electrician working in that electrician's specialty.
Either a certified master journeyman electrician, journeyman
electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that
electrician's specialty shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of
each working day unless otherwise provided in this chapter.
(4) The ratio of noncertified individuals to certified master journeymen electricians, journeymen electricians, master
specialty electricians, or specialty electricians on any one job
site is as follows:
(a) When working as a specialty electrician, not more
than two noncertified individuals for every certified master
specialty electrician working in that electrician's specialty,
(2004 Ed.)
19.28.161
specialty electrician working in that electrician's specialty,
master journeyman electrician, or journeyman electrician,
except that the ratio requirements are one certified master
specialty electrician working in that electrician's specialty,
specialty electrician working in that electrician's specialty,
master journeyman electrician, or journeyman electrician
working as a specialty electrician to no more than four students enrolled in and working as part of an electrical construction program at public community or technical colleges,
or not-for-profit nationally accredited trade or technical
schools licensed by the work force training and education
coordinating board under chapter 28C.10 RCW. In meeting
the ratio requirements for students enrolled in an electrical
construction program at a trade school, a trade school may
receive input and advice from the electrical board; and
(b) When working as a journeyman electrician, not more
than one noncertified individual for every certified master
journeyman electrician or journeyman electrician, except that
the ratio requirements shall be one certified master journeyman electrician or journeyman electrician to no more than
four students enrolled in and working as part of an electrical
construction program at public community or technical colleges, or not-for-profit nationally accredited trade or technical schools licensed by the work force training and education
coordinating board under chapter 28C.10 RCW. In meeting
the ratio requirements for students enrolled in an electrical
construction program at a trade school, a trade school may
receive input and advice from the electrical board.
An individual who has a current training certificate and
who has successfully completed or is currently enrolled in an
approved apprenticeship program or in an electrical construction program at public community or technical colleges, or
not-for-profit nationally accredited technical or trade schools
licensed by the work force training and education coordinating board under chapter 28C.10 RCW, may work without
direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.
(5) For the residential (as specified in WAC 296-46A930(2)(a)), pump and irrigation (as specified in WAC 29646A-930(2)(b)(i)), sign (as specified in WAC 296-46A930(2)(c)), limited energy (as specified in WAC 296-46A930(2)(e)(i)), nonresidential maintenance (as specified in
WAC 296-46A-930(2)(f)(i)), restricted nonresidential maintenance as determined by the department in rule, or other new
nonresidential specialties, not including appliance repair, as
determined by the department in rule, either a master journeyman electrician, journeyman electrician, master specialty
electrician working in that electrician's specialty, or specialty
electrician working in that electrician's specialty must be on
the same job site as the noncertified individual for a minimum of seventy-five percent of each working day. Other specialties must meet the requirements specified in *RCW
19.28.191(1)(f)(ii). When the ratio of certified electricians to
noncertified individuals on a job site is one certified electrician to three or four noncertified individuals, the certified
electrician must:
(a) Directly supervise and instruct the noncertified individuals and the certified electrician may not directly make or
engage in an electrical installation; and
(b) Be on the same job site as the noncertified individual
for a minimum of one hundred percent of each working day.
[Title 19 RCW—page 47]
19.28.171
Title 19 RCW: Business Regulations—Miscellaneous
(6) The electrical contractor shall accurately verify and
attest to the electrical trainee hours worked by electrical trainees on behalf of the electrical contractor. [2002 c 249 § 4;
1997 c 309 § 1; 1996 c 241 § 6; 1983 c 206 § 13; 1980 c 30 §
2. Formerly RCW 19.28.510.]
*Reviser's note: RCW 19.28.191 was amended by 2003 c 399 § 601,
changing subsection (1)(f)(ii) to subsection (1)(g)(ii).
19.28.171
19.28.171 Electrical trainee hours—Audit—Rules—
Confidentiality. The department may audit the records of an
electrical contractor that has verified the hours of experience
submitted by an electrical trainee to the department under
RCW 19.28.161(2) in the following circumstances: Excessive hours were reported; hours reported outside the normal
course of the contractor's business; the type of hours reported
do not reasonably match the type of permits purchased; or for
other similar circumstances in which the department demonstrates a likelihood of excessive hours being reported. The
department shall limit the audit to records necessary to verify
hours. The department shall adopt rules implementing audit
procedures. Information obtained from an electrical contractor under the provisions of this section is confidential and is
not open to public inspection under chapter 42.17 RCW.
[2001 c 211 § 11; 1996 c 241 § 2. Formerly RCW 19.28.515.]
19.28.181
19.28.181 Application for certificate of competency.
Any person desiring to be issued a certificate of competency
as provided in this chapter shall deliver evidence in a form
prescribed by the department affirming that said person has
met the qualifications required under RCW 19.28.191. An
electrician from another jurisdiction applying for a certificate
of competency must provide evidence in a form prescribed
by the department affirming that the person has the equivalent qualifications to those required under RCW 19.28.191.
[2001 c 211 § 12; 1997 c 309 § 2; 1980 c 30 § 3. Formerly
RCW 19.28.520.]
19.28.191
19.28.191 Certificate of competency—Eligibility for
examination—Rules. (1) Upon receipt of the application,
the department shall review the application and determine
whether the applicant is eligible to take an examination for
the master journeyman electrician, journeyman electrician,
master specialty electrician, or specialty electrician certificate of competency.
(a) Before July 1, 2005, an applicant who possesses a
valid journeyman electrician certificate of competency in
effect for the previous four years and a valid general administrator's certificate may apply for a master journeyman electrician certificate of competency without examination.
(b) Before July 1, 2005, an applicant who possesses a
valid specialty electrician certificate of competency, in the
specialty applied for, for the previous two years and a valid
specialty administrator's certificate, in the specialty applied
for, may apply for a master specialty electrician certificate of
competency without examination.
(c) Before December 1, 2003, the following persons may
obtain an equipment repair specialty electrician certificate of
competency without examination:
[Title 19 RCW—page 48]
(i) A person who has successfully completed an apprenticeship program approved under chapter 49.04 RCW for the
machinist trade; and
(ii) A person who provides evidence in a form prescribed
by the department affirming that: (A) He or she was
employed as of April 1, 2003, by a factory-authorized equipment dealer or service company; and (B) he or she has
worked in equipment repair for a minimum of four thousand
hours.
(d) To be eligible to take the examination for a master
journeyman electrician certificate of competency the applicant must have possessed a valid journeyman electrician certificate of competency for four years.
(e) To be eligible to take the examination for a master
specialty electrician certificate of competency the applicant
must have possessed a valid specialty electrician certificate
of competency, in the specialty applied for, for two years.
(f) To be eligible to take the examination for a journeyman certificate of competency the applicant must have:
(i) Worked in the electrical construction trade for a minimum of eight thousand hours, of which four thousand hours
shall be in industrial or commercial electrical installation
under the supervision of a master journeyman electrician or
journeyman electrician and not more than a total of four thousand hours in all specialties under the supervision of a master
journeyman electrician, journeyman electrician, master specialty electrician working in that electrician's specialty, or
specialty electrician working in that electrician's specialty.
Speciality electricians with less than a four thousand hour
work experience requirement cannot credit the time required
to obtain that specialty towards qualifying to become a journeyman electrician; or
(ii) Successfully completed an apprenticeship program
approved under chapter 49.04 RCW for the electrical construction trade.
(g) To be eligible to take the examination for a specialty
electrician certificate of competency the applicant must have:
(i) Worked in the residential (as specified in WAC 29646A-930(2)(a)), pump and irrigation (as specified in WAC
296-46A-930(2)(b)(i)), sign (as specified in WAC 296-46A930(2)(c)), limited energy (as specified in WAC 296-46A930(2)(e)(i)), nonresidential maintenance (as specified in
WAC 296-46A-930(2)(f)(i)), or other new nonresidential
specialties as determined by the department in rule under the
supervision of a master journeyman electrician, journeyman
electrician, master specialty electrician working in that electrician's specialty, or specialty electrician working in that
electrician's specialty for a minimum of four thousand hours;
or
(ii) Worked in the appliance repair specialty as determined by the department in rule, restricted nonresidential
maintenance as determined by the department in rule, the
equipment repair specialty as determined by the department
in rule, or a specialty other than the designated specialties in
(g)(i) of this subsection for a minimum of the initial ninety
days, or longer if set by rule by the department. The
restricted nonresidential maintenance specialty is limited to a
maximum of 277 volts and 20 amperes for lighting branch
circuits and/or a maximum of 250 volts and 60 amperes for
other circuits, but excludes the replacement or repair of circuit breakers. The initial period must be spent under one hun(2004 Ed.)
Electricians and Electrical Installations
dred percent supervision of a master journeyman electrician,
journeyman electrician, master specialty electrician working
in that electrician's specialty, or specialty electrician working
in that electrician's specialty. After this initial period, a person may take the specialty examination. If the person passes
the examination, the person may work unsupervised for the
balance of the minimum hours required for certification. A
person may not be certified as a specialty electrician in the
appliance repair specialty or in a specialty other than the designated specialities in (g)(i) of this subsection, however, until
the person has worked a minimum of two thousand hours in
that specialty, or longer if set by rule by the department; or
(iii) Successfully completed an approved apprenticeship
program under chapter 49.04 RCW for the applicant's specialty in the electrical construction trade.
(h) Any applicant for a journeyman electrician certificate
of competency who has successfully completed a two-year
program in the electrical construction trade at public community or technical colleges, or not-for-profit nationally accredited technical or trade schools licensed by the work force
training and education coordinating board under chapter
28C.10 RCW may substitute up to two years of the technical
or trade school program for two years of work experience
under a master journeyman electrician or journeyman electrician. The applicant shall obtain the additional two years of
work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion,
of the technical school program. Any applicant who has
received training in the electrical construction trade in the
armed service of the United States may be eligible to apply
armed service work experience towards qualification to take
the examination for the journeyman electrician certificate of
competency.
(i) An applicant for a specialty electrician certificate of
competency who, after January 1, 2000, has successfully
completed a two-year program in the electrical construction
trade at a public community or technical college, or a not-forprofit nationally accredited technical or trade school licensed
by the work force training and education coordinating board
under chapter 28C.10 RCW, may substitute up to one year of
the technical or trade school program for one year of work
experience under a master journeyman electrician, journeyman electrician, master specialty electrician working in that
electrician's specialty, or specialty electrician working in that
electrician's specialty. Any applicant who has received training in the electrical construction trade in the armed services
of the United States may be eligible to apply armed service
work experience towards qualification to take the examination for an appropriate specialty electrician certificate of
competency.
(j) The department must determine whether hours of
training and experience in the armed services or school program are in the electrical construction trade and appropriate
as a substitute for hours of work experience. The department
must use the following criteria for evaluating the equivalence
of classroom electrical training programs and work in the
electrical construction trade:
(i) A two-year electrical training program must consist of
three thousand or more hours.
(ii) In a two-year electrical training program, a minimum
of two thousand four hundred hours of student/instructor con(2004 Ed.)
19.28.201
tact time must be technical electrical instruction directly
related to the scope of work of the electrical specialty. Student/instructor contact time includes lecture and in-school
lab.
(iii) The department may not allow credit for a program
that accepts more than one thousand hours transferred from
another school's program.
(iv) Electrical specialty training school programs of less
than two years will have all of the above student/instructor
contact time hours proportionately reduced. Such programs
may not apply to more than fifty percent of the work experience required to attain certification.
(v) Electrical training programs of less than two years
may not be credited towards qualification for journeyman
electrician unless the training program is used to gain qualification for a four thousand hour electrical specialty.
(k) No other requirement for eligibility may be imposed.
(2) The department shall establish reasonable rules for
the examinations to be given applicants for certificates of
competency. In establishing the rules, the department shall
consult with the board. Upon determination that the applicant is eligible to take the examination, the department shall
so notify the applicant, indicating the time and place for taking the examination.
(3) No noncertified individual may work unsupervised
more than one year beyond the date when the trainee would
be eligible to test for a certificate of competency if working
on a full-time basis after original application for the trainee
certificate. For the purposes of this section, full-time basis
means two thousand hours. [2003 c 399 § 601; 2003 c 211 §
1; 2002 c 249 § 5; 1997 c 309 § 3; 1988 c 81 § 13; 1983 c 206
§ 14; 1980 c 30 § 4. Formerly RCW 19.28.530.]
Reviser's note: This section was amended by 2003 c 211 § 1 and by
2003 c 399 § 601, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2003 c 399 §§ 501, 601, and 701: "Sections *501,
601, and 701 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect immediately [May 20, 2003]."
[2003 c 399 § 902.]
*Reviser's note: Section 501, chapter 399, Laws of 2003 was vetoed by
the governor.
Part headings not law—2003 c 399: See note following RCW
19.28.006.
19.28.201
19.28.201 Examination—Times—Certification of
results—Contents—Fees. The department, in coordination
with the board, shall prepare an examination to be administered to applicants for master journeyman electrician, journeyman electrician, master specialty electrician, and specialty electrician certificates of competency.
The department, with the consent of the board, may enter
into a contract with a professional testing agency to develop,
administer, and score electrician certification examinations.
The department may set the examination fee by contract with
the professional testing agency.
The department must, at least four times annually,
administer the examination to persons eligible to take it under
RCW 19.28.191. The fee must cover, but not exceed, the
costs of preparing and administering the examination.
[Title 19 RCW—page 49]
19.28.211
Title 19 RCW: Business Regulations—Miscellaneous
The department must certify the results of the examination upon the terms and after such a period of time as the
department, in cooperation with the board, deems necessary
and proper.
(1)(a) The master electrician's certificates of competency
examinations must include questions from the following categories to ensure proper safety and protection for the general
public: (i) Safety; (ii) the state electrical code; and (iii) electrical theory.
(b) A person may take the master electrician examination
as many times as necessary without limit. All applicants
must, before taking the examination, pay the required examination fee to the agency administering the examination.
(2) The journeyman electrician and specialty electrician
examinations shall be constructed to determine:
(a) Whether the applicant possesses varied general
knowledge of the technical information and practical procedures that are identified with the status of journeyman electrician or specialty electrician; and
(b) Whether the applicant is sufficiently familiar with the
applicable electrical codes and the rules of the department
pertaining to electrical installations and electricians.
A person may take the examination as many times as
necessary without limit. All applicants must, before taking
the examination, pay the required examination fee to the
agency administering the examination. [2002 c 249 § 6; 2001
c 211 § 13; 1996 c 147 § 8; 1988 c 81 § 14; 1986 c 156 § 13;
1983 c 206 § 15; 1980 c 30 § 5. Formerly RCW 19.28.540.]
enforcing the electrician certification requirements of this
chapter.
(4) The certificates of competency and temporary permits provided for in this chapter grant the holder the right to
work in the electrical construction trade as a master electrician, journeyman electrician, or specialty electrician in accordance with their provisions throughout the state and within
any of its political subdivisions without additional proof of
competency or any other license, permit, or fee to engage in
such work. [2002 c 249 § 7; 2001 c 211 § 14; 1996 c 241 §
7; 1993 c 192 § 1; 1986 c 156 § 14; 1983 c 206 § 16; 1980 c
30 § 6. Formerly RCW 19.28.550.]
19.28.221
19.28.221 Persons engaged in trade or business on
July 16, 1973. No examination shall be required of any
applicant for a certificate of competency who, on July 16,
1973, was engaged in a bona fide business or trade as a journeyman electrician in the state of Washington. Applicants
qualifying under this section shall be issued a certificate by
the department upon making an application as provided in
RCW 19.28.181 and paying the fee required under RCW
19.28.201: PROVIDED, That no applicant under this section
shall be required to furnish such evidence as required by
RCW 19.28.181. [2001 c 211 § 15; 1980 c 30 § 7. Formerly
RCW 19.28.560.]
19.28.231
19.28.211 Certificate of competency—Issuance—
Renewal—Continuing education—Fees—Effect. (1) The
department shall issue a certificate of competency to all
applicants who have passed the examination provided in
RCW 19.28.201, and who have complied with RCW
19.28.161 through 19.28.271 and the rules adopted under this
chapter. The certificate shall bear the date of issuance, and
shall expire on the holder's birthday. The certificate shall be
renewed every three years, upon application, on or before the
holder's birthdate. A fee shall be assessed for each certificate
and for each annual renewal.
(2) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual
eight-hour continuing education course, the certificate may
be renewed without examination by appropriate application
unless the certificate has been revoked, suspended, or not
renewed within ninety days after the expiration date.
(a) The contents and requirements for satisfactory completion of the continuing education course shall be determined by the director and approved by the board.
(b) The department shall accept proof of a certificate
holder's satisfactory completion of a continuing education
course offered in another state as meeting the requirements
for maintaining a current Washington state certificate of
competency if the department is satisfied the course is comparable in nature to that required in Washington state for
maintaining a current certificate of competency.
(3) If the certificate is not renewed before the expiration
date, the individual shall pay twice the usual fee. The department shall set the fees by rule for issuance and renewal of a
certificate of competency. The fees shall cover but not exceed
the costs of issuing the certificates and of administering and
19.28.211
[Title 19 RCW—page 50]
19.28.231 Temporary permits. The department is
authorized to grant and issue temporary permits in lieu of certificates of competency whenever an electrician coming into
the state of Washington from another state requests the
department for a temporary permit to engage in the electrical
construction trade as an electrician during the period of time
between filing of an application for a certificate as provided
in RCW 19.28.181 and the date the results of taking the
examination provided for in RCW 19.28.201 are furnished to
the applicant. The department is authorized to enter into
reciprocal agreements with other states providing for the
acceptance of such states' journeyman and speciality electrician certificate of competency or its equivalent when such
states requirements are equal to the standards set by this
chapter. No temporary permit shall be issued to:
(1) Any person who has failed to pass the examination
for a certificate of competency, except that any person who
has failed the examination for competency under this section
shall be entitled to continue to work under a temporary permit
for ninety days if the person is enrolled in a journeyman electrician refresher course and shows evidence to the department
that he or she has not missed any classes. The person, after
completing the journeyman electrician refresher course, shall
be eligible to retake the examination for competency at the
next scheduled time.
(2) Any applicant under this section who has not furnished the department with such evidence required under
RCW 19.28.181.
(3) To any apprentice electrician. [2001 c 211 § 16;
1986 c 156 § 15; 1983 c 206 § 17; 1980 c 30 § 8. Formerly
RCW 19.28.570.]
(2004 Ed.)
Electricians and Electrical Installations
19.28.241
19.28.241 Revocation of certificate of competency—
Grounds—Procedure. (1) The department may revoke any
certificate of competency upon the following grounds:
(a) The certificate was obtained through error or fraud;
(b) The holder thereof is judged to be incompetent to
work in the electrical construction trade as a journeyman
electrician or specialty electrician;
(c) The holder thereof has violated any of the provisions
of RCW 19.28.161 through 19.28.271 or any rule adopted
under this chapter; or
(d) The holder thereof has committed a serious violation
of this chapter or any rule adopted under this chapter. A serious violation is a violation that presents imminent danger to
the public.
(2) The department may deny an application for a certificate of competency for up to two years if the applicant's previous certificate of competency has been revoked.
(3) Before any certificate of competency shall be
revoked, the holder shall be given written notice of the
department's intention to do so, mailed by registered mail,
return receipt requested, to the holder's last known address.
The notice shall enumerate the allegations against the holder,
and shall give the holder the opportunity to request a hearing
before the board. At the hearing, the department and the
holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with chapter 34.05
RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties
immediately upon reaching its decision. A majority of the
board shall be necessary to render a decision.
(4) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the
department's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance with the order. [2002 c 249 § 8; 2001 c 211 § 17;
1997 c 58 § 845; 1988 c 81 § 15; 1983 c 206 § 18; 1980 c 30
§ 9. Formerly RCW 19.28.580.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.28.251
19.28.251 Powers and duties of director—Administration of RCW 19.28.161 through 19.28.271 by the
department. The director may promulgate rules, make specific decisions, orders, and rulings, including demands and
findings, and take other necessary action for the implementation and enforcement of RCW 19.28.161 through 19.28.271.
In the administration of RCW 19.28.161 through 19.28.271
the department shall not enter any controversy arising over
work assignments with respect to the trades involved in the
construction industry. [2001 c 211 § 18; 1983 c 206 § 20;
1980 c 30 § 11. Formerly RCW 19.28.600.]
(2004 Ed.)
19.28.261
19.28.261
19.28.261 Exemptions from RCW 19.28.161 through
19.28.271. (1) Nothing in RCW 19.28.161 through
19.28.271 shall be construed to require that a person obtain a
license or a certified electrician in order to do electrical work
at his or her residence or farm or place of business or on other
property owned by him or her unless the electrical work is on
the construction of a new building intended for rent, sale, or
lease. However, if the construction is of a new residential
building with up to four units intended for rent, sale, or lease,
the owner may receive an exemption from the requirement to
obtain a license or use a certified electrician if he or she provides a signed affidavit to the department stating that he or
she will be performing the work and will occupy one of the
units as his or her principal residence. The owner shall apply
to the department for this exemption and may only receive an
exemption once every twenty-four months. It is intended that
the owner receiving this exemption shall occupy the unit as
his or her principal residence for twenty-four months after
completion of the units.
(2) Nothing in RCW 19.28.161 through 19.28.271 shall
be intended to derogate from or dispense with the requirements of any valid electrical code enacted by a city or town
pursuant to RCW 19.28.010(3), except that no code shall
require the holder of a certificate of competency to demonstrate any additional proof of competency or obtain any other
license or pay any fee in order to engage in the electrical construction trade.
(3) RCW 19.28.161 through 19.28.271 shall not apply to
common carriers subject to Part I of the Interstate Commerce
Act, nor to their officers and employees.
(4) Nothing in RCW 19.28.161 through 19.28.271 shall
be deemed to apply to the installation or maintenance of telephone, telegraph, radio, or television wires and equipment;
nor to any electrical utility or its employees in the installation, repair, and maintenance of electrical wiring, circuits,
and equipment by or for the utility, or comprising a part of its
plants, lines or systems.
(5) The licensing provisions of RCW 19.28.161 through
19.28.271 shall not apply to:
(a) Persons making electrical installations on their own
property or to regularly employed employees working on the
premises of their employer, unless the electrical work is on
the construction of a new building intended for rent, sale, or
lease;
(b) Employees of an employer while the employer is performing utility type work of the nature described in RCW
19.28.091 so long as such employees have registered in the
state of Washington with or graduated from a state-approved
outside lineman apprenticeship course that is recognized by
the department and that qualifies a person to perform such
work;
(c) Any work exempted under RCW 19.28.091(6); and
(d) Certified plumbers, certified residential plumbers, or
plumber trainees meeting the requirements of chapter 18.106
RCW and performing exempt work under RCW
19.28.091(8).
(6) Nothing in RCW 19.28.161 through 19.28.271 shall
be construed to restrict the right of any householder to assist
or receive assistance from a friend, neighbor, relative or other
person when none of the individuals doing the electrical
[Title 19 RCW—page 51]
19.28.271
Title 19 RCW: Business Regulations—Miscellaneous
installation hold themselves out as engaged in the trade or
business of electrical installations.
(7) Nothing precludes any person who is exempt from
the licensing requirements of this chapter under this section
from obtaining a journeyman or specialty certificate of competency if they otherwise meet the requirements of this chapter. [2003 c 399 § 302; 2001 c 211 § 19; 1998 c 98 § 2; 1994
c 157 § 1; 1992 c 240 § 3; 1986 c 156 § 16; 1983 c 206 § 21;
1980 c 30 § 12. Formerly RCW 19.28.610.]
Part headings not law—2003 c 399: See note following RCW
19.28.006.
19.28.271
19.28.271 Violations of RCW 19.28.161 through
19.28.271—Schedule of penalties—Appeal. (1) It is
unlawful for any person, firm, partnership, corporation, or
other entity to employ an individual for purposes of RCW
19.28.161 through 19.28.271 who has not been issued a certificate of competency or a training certificate. It is unlawful
for any individual to engage in the electrical construction
trade or to maintain or install any electrical equipment or conductors without having in his or her possession a certificate of
competency or a training certificate under RCW 19.28.161
through 19.28.271. Any person, firm, partnership, corporation, or other entity found in violation of RCW 19.28.161
through 19.28.271 shall be assessed a penalty of not less than
fifty dollars or more than five hundred dollars. The department shall set by rule a schedule of penalties for violating
RCW 19.28.161 through 19.28.271. An appeal may be made
to the board as is provided in RCW 19.28.131. The appeal
shall be filed within twenty days after the notice of the penalty is given to the assessed party by certified mail, return
receipt requested, sent to the last known address of the
assessed party and shall be made by filing a written notice of
appeal with the department. Any equipment maintained or
installed by any person who does not possess a certificate of
competency under RCW 19.28.161 through 19.28.271 shall
not receive an electrical work permit and electrical service
shall not be connected or maintained to operate the equipment. Each day that a person, firm, partnership, corporation,
or other entity violates RCW 19.28.161 through 19.28.271 is
a separate violation.
(2) A civil penalty shall be collected in a civil action
brought by the attorney general in the county wherein the
alleged violation arose at the request of the department if any
of RCW 19.28.161 through 19.28.271 or any rules adopted
under RCW 19.28.161 through 19.28.271 are violated. [2001
c 211 § 20; 1996 c 147 § 9; 1988 c 81 § 16; 1986 c 156 § 17;
1983 c 206 § 22; 1980 c 30 § 13. Formerly RCW 19.28.620.]
PROVISIONS APPLICABLE TO
ELECTRICAL INSTALLATIONS AND
TELECOMMUNICATIONS INSTALLATIONS
19.28.301
19.28.301 Application—Subchapter heading. (1)
RCW 19.28.311 through 19.28.381 apply throughout this
chapter.
(2) RCW 19.28.311 through 19.28.381 constitute the
subchapter "provisions applicable to electrical installations
and telecommunications installations." [2000 c 238 § 1.]
Severability—2000 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
[Title 19 RCW—page 52]
the application of the provision to other persons or circumstances is not
affected." [2000 c 238 § 301.]
19.28.311
19.28.311 Electrical board. There is hereby created an
electrical board, consisting of fourteen members to be
appointed by the governor with the advice of the director of
labor and industries as herein provided. It shall be the purpose and function of the board to advise the director on all
matters pertaining to the enforcement of this chapter including, but not limited to standards of electrical and telecommunications installation, minimum inspection procedures, and
the adoption of rules pertaining to the electrical inspection
division: PROVIDED, HOWEVER, That no rules shall be
amended or repealed until the electrical board has first had an
opportunity to consider any proposed amendments or repeals
and had an opportunity to make recommendations to the
director relative thereto. The members of the electrical board
shall be selected and appointed as follows: One member
shall be an employee or officer of a corporation or public
agency generating or distributing electric power; one member
must be an employee or officer of a facilities-based telecommunications service provider regulated by the Washington
state utilities and transportation commission; three members
shall be licensed electrical contractors: PROVIDED, That
one of these members may be a representative of a trade association in the electrical industry; one member shall be a
licensed telecommunications contractor; one member shall
be an employee, or officer, or representative of a corporation
or firm engaged in the business of manufacturing or distributing electrical and telecommunications materials, equipment,
or devices; one member shall be a person with knowledge of
the electrical industry, not related to the electrical industry, to
represent the public; three members shall be certified electricians; one member shall be a telecommunications worker;
one member shall be a licensed professional electrical engineer qualified to do business in the state of Washington and
designated as a registered communications distribution
designer; and one nonvoting member must be a building official from an incorporated city or town with an electrical
inspection program established under RCW 19.28.141. The
regular term of each member shall be four years: PROVIDED, HOWEVER, The original board shall be appointed
on June 9, 1988, for the following terms: The first term of the
member representing a corporation or public agency generating or distributing electric power shall serve four years; two
members representing licensed electrical contractors shall
serve three years; the member representing a manufacturer or
distributor of electrical equipment or devices shall serve three
years; the member representing the public and one member
representing licensed electrical contractors shall serve two
years; the three members selected as certified electricians
shall serve for terms of one, two, and three years, respectively; the member selected as the licensed professional electrical engineer shall serve for one year. In appointing the
original board, the governor shall give due consideration to
the value of continuity in membership from predecessor
boards. Thereafter, the governor shall appoint or reappoint
board members for terms of four years and to fill vacancies
created by the completion of the terms of the original members. When new positions are created, the governor may
appoint the initial members to the new positions to staggered
(2004 Ed.)
Electricians and Electrical Installations
terms of one to three years. The governor shall also fill vacancies caused by death, resignation, or otherwise for the unexpired term of such members by appointing their successors
from the same business classification. The same procedure
shall be followed in making such subsequent appointments as
is provided for the original appointments. The board, at this
first meeting shall elect one of its members to serve as chairman. Any person acting as the chief electrical inspector shall
serve as secretary of the board during his or her tenure as
chief state inspector. Meetings of the board shall be held at
least quarterly in accordance with a schedule established by
the board. Each member of the board shall receive compensation in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060 which shall be paid out of the electrical license fund, upon vouchers approved by the director of
labor and industries. [2000 c 238 § 3; 1988 c 81 § 4; 1984 c
287 § 56; 1975-'76 2nd ex.s. c 34 § 60; 1969 ex.s. c 71 § 1;
1963 c 207 § 5. Formerly RCW 19.28.065.]
Severability—2000 c 238: See note following RCW 19.28.301.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
19.28.341
tions may be performed by a person certified as an outside
journeyman lineman, under *RCW 19.28.261(2), with four
years experience or a person with four years experience as a
certified outside journeyman lineman performing the duties
of an electrical inspector employed by an electrical utility.
Such state inspectors shall be paid such salary as the director
of labor and industries shall determine, together with their
travel expenses in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended. As a condition of employment, inspectors hired exclusively to perform
inspections in accordance with the national electrical safety
code must possess and maintain certification as an outside
journeyman lineman. The expenses of the director of labor
and industries and the salaries and expenses of state inspectors incurred in carrying out the provisions of this chapter
shall be paid entirely out of the electrical license fund, upon
vouchers approved by the director of labor and industries.
[2001 c 211 § 21; 1997 c 309 § 4; 1986 c 156 § 4; 1975-'76
2nd ex.s. c 34 § 61; 1967 c 88 § 1; 1935 c 169 § 3; RRS §
8307-3. Formerly RCW 19.28.070, 19.28.080, 19.28.090,
19.28.100, 19.28.110.]
*Reviser's note: RCW 19.28.261 was amended by 2003 c 399 § 302,
changing subsection (2) to subsection (5)(b).
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
19.28.321
19.28.321 Enforcement—State electrical inspectors—Qualifications—Salaries and expenses. The director
of labor and industries of the state of Washington and the
officials of all incorporated cities and towns where electrical
inspections are required by local ordinances shall have power
and it shall be their duty to enforce the provisions of this
chapter in their respective jurisdictions. The director of labor
and industries shall appoint a chief electrical inspector and
may appoint other electrical inspectors as the director deems
necessary to assist the director in the performance of the
director's duties. The chief electrical inspector, subject to the
review of the director, shall be responsible for providing the
final interpretation of adopted state electrical standards, rules,
and policies for the department and its inspectors, assistant
inspectors, electrical plan examiners, and other individuals
supervising electrical program personnel. If a dispute arises
within the department regarding the interpretation of adopted
state electrical standards, rules, or policies, the chief electrical inspector, subject to the review of the director, shall provide the final interpretation of the disputed standard, rule, or
policy. All electrical inspectors appointed by the director of
labor and industries shall have not less than: Four years
experience as journeyman electricians in the electrical construction trade installing and maintaining electrical wiring
and equipment, or two years electrical training in a college of
electrical engineering of recognized standing and four years
continuous practical electrical experience in installation
work, or four years of electrical training in a college of electrical engineering of recognized standing and two years continuous practical electrical experience in electrical installation work; or four years experience as a journeyman electrician performing the duties of an electrical inspector
employed by the department or a city or town with an
approved inspection program under RCW 19.28.141, except
that for work performed in accordance with the national electrical safety code and covered by this chapter, such inspec(2004 Ed.)
19.28.331
19.28.331 Inspection reports. If any inspection made
under this chapter requires any correction or change in the
work inspected, a written report of the inspection shall be
made by the inspector, in which report the corrections or
changes required shall be plainly stated. A copy of the report
shall be furnished to the person, firm, partnership, corporation, or other entity doing the installation work, and a copy
shall be filed with the department. [1983 c 206 § 8; 1935 c
169 § 9; RRS § 8307-9. Formerly RCW 19.28.250.]
19.28.341
19.28.341 Revocation or suspension of license—
Grounds—Appeal to board—Fee—Costs. (1) The department has the power, in case of serious noncompliance with
the provisions of this chapter, to revoke or suspend for such a
period as it determines, any electrical or telecommunications
contractor license or electrical or telecommunications contractor administrator certificate issued under this chapter. The
department shall notify the holder of the license or certificate
of the revocation or suspension by certified mail. A revocation or suspension is effective twenty days after the holder
receives the notice. Any revocation or suspension is subject
to review by an appeal to the board. The filing of an appeal
stays the effect of a revocation or suspension until the board
makes its decision. The appeal shall be filed within twenty
days after notice of the revocation or suspension is given by
certified mail sent to the address of the holder of the license
or certificate as shown on the application for the license or
certificate, and shall be effected by filing a written notice of
appeal with the department, accompanied by a certified check
for two hundred dollars, which shall be returned to the holder
of the license or certificate if the decision of the department is
not sustained by the board. The hearing shall be conducted in
accordance with chapter 34.05 RCW. If the board sustains
the decision of the department, the two hundred dollars shall
be applied by the department to the payment of the per diem
[Title 19 RCW—page 53]
19.28.351
Title 19 RCW: Business Regulations—Miscellaneous
and expenses of the members of the board incurred in the
matter, and any balance remaining after payment of per diem
and expenses shall be paid into the electrical license fund.
(2) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the
department's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance with the order. [2000 c 238 § 4; 1997 c 58 § 844;
1996 c 241 § 5; 1988 c 81 § 10; 1986 c 156 § 10; 1983 c 206
§ 11; 1935 c 169 § 7; RRS § 8307-7. Formerly RCW
19.28.310, 19.28.320.]
Severability—2000 c 238: See note following RCW 19.28.301.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.28.351
19.28.351 Electrical license fund. All sums received
from licenses, permit fees, or other sources, herein shall be
paid to the state treasurer and placed in a special fund designated as the "electrical license fund," and paid out upon
vouchers duly and regularly issued therefor and approved by
the director of labor and industries or the director's designee
following determination by the board that the sums are necessary to accomplish the intent of chapter 19.28 RCW. The
treasurer shall keep an accurate record of payments into, or
receipts of, the fund, and of all disbursements therefrom.
During the 2003-2005 biennium, the legislature may
transfer moneys from the electrical license fund to the state
general fund such amounts as reflect the excess fund balance
of the fund. [2003 1st sp.s. c 25 § 910; 1988 c 81 § 11; 1979
ex.s. c 67 § 1; 1935 c 169 § 18; RRS § 8307-18. Formerly
RCW 19.28.330.]
Severability—2003 1st sp.s. c 25: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2003 1st sp.s. c 25 § 945.]
Effective date—2003 1st sp.s. c 25: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 26, 2003]." [2003 1st sp.s. c 25 § 946.]
Severability—1979 ex.s. c 67: "If any provision of this 1979 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 67 § 22.]
19.28.361 Liability for injury or damage. Nothing
contained in this chapter will be construed to relieve from or
lessen the responsibility or liability of any person for injury
or damage to person or property caused by or resulting from
any defect of any nature in any electrical or telecommunications work performed by said person or in any electrical or
telecommunications equipment owned, controlled, installed,
operated or used by him or her; nor shall the state of Washington, or any officer, agent, or employee thereof incur or be
held as assuming any liability by reason or in consequence of
any permission, certificate of inspection, inspection or
approval authorized herein, or issued or given as herein provided, or by reason of consequence of any things done or acts
performed pursuant to any provision of this chapter. [2000 c
238 § 5; 1935 c 169 § 16; RRS § 8307-16. Formerly RCW
19.28.340.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.371
19.28.371 Medical device—Installation, maintenance, or repair—Compliance with chapter—Limit of
exemption. (1) A medical device which is not in violation of
the Medical Device Amendments of 1976, Public Law No.
94-295, 90 Stat. 539, as amended from time to time, and as
interpreted by the Food and Drug Administration of the
United States Department of Health and Human Services or
its successor, shall be deemed to be in compliance with all
requirements imposed by this chapter.
(2) The installation, maintenance, or repair of a medical
device deemed in compliance with this chapter is exempt
from licensing requirements under RCW 19.28.091, certification requirements under RCW 19.28.161, and inspection
and permitting requirements under RCW 19.28.101. This
exemption does not include work providing electrical feeds
into the power distribution unit or installation of conduits and
raceways. This exemption covers only those factory engineers or third-party service companies with equivalent training who are qualified to perform such service. [2003 c 78 §
1; 1981 c 57 § 1. Formerly RCW 19.28.390.]
19.28.381
19.28.381 Denial of renewal of certificate or license
for outstanding penalties—Notice—Appeal—Hearing.
The department may deny renewal of a certificate or license
issued under this chapter, if the applicant for renewal owes
outstanding penalties for a final judgment under this chapter.
The department shall notify the applicant of the denial by registered mail, return receipt requested, to the address on the
application. The applicant may appeal the denial within
twenty days by filing a notice of appeal with the department
accompanied by a certified check for two hundred dollars
which shall be returned to the applicant if the decision of the
department is not upheld by the board. The office of administrative hearings shall conduct the hearing under chapter 34.05
RCW. The electrical board shall review the proposed decision at the next regularly scheduled board meeting. If the
board sustains the decision of the department, the two hundred dollars must be applied to the cost of the hearing. [1996
c 241 § 1. Formerly RCW 19.28.630.]
PROVISIONS APPLICABLE TO
TELECOMMUNICATIONS INSTALLATIONS
19.28.361
[Title 19 RCW—page 54]
19.28.400
19.28.400 Definitions. The definitions in this section
apply throughout this subchapter unless the context clearly
requires otherwise.
(1) "Telecommunications backbone cabling systems"
means a system that provides interconnections between telecommunications closets, equipment rooms, and entrance
facilities in the telecommunications cabling system structure.
Backbone cabling consists of the backbone cables, intermediate and main cross-connects, mechanical terminations, and
(2004 Ed.)
Electricians and Electrical Installations
patch cords or jumpers used for backbone to backbone crossconnection. Backbone cabling also includes cabling between
buildings.
(2) "Board" means the electrical board under RCW
19.28.311.
(3) "Department" means the department of labor and
industries.
(4) "Director" means the director of the department or
the director's designee.
(5) "Telecommunications horizontal cabling systems"
means the portions of the telecommunications cabling system
that extends [extend] from the work area telecommunications
outlet or connector to the telecommunications closet. The
horizontal cabling includes the horizontal cables, the telecommunications outlet or connector in the work area, the
mechanical termination, and horizontal cross-connections
located in the telecommunications closet.
(6) "Telecommunications network demarcation point"
means the point or interconnection between the service provider's communications cabling, terminal equipment, and
protective apparatus and the customer's premises telecommunications cabling system. The location of this point for regulated carriers is determined by federal and state regulations.
The carrier should be contacted to determine the location policies in effect in the area.
(7) "Telecommunications scope of work" means the
work of a telecommunications contractor. This includes the
installation, maintenance, and testing of telecommunications
systems, equipment, and associated hardware, pathway systems, and cable management systems, which excludes cable
tray and conduit raceway systems. The scope also includes
installation of open wiring systems of telecommunications
cables, surface nonmetallic raceways designated and used
exclusively for telecommunications, optical fiber innerduct
raceway, underground raceways designated and used exclusively for telecommunications and installed for additions or
extensions to existing telecommunications systems not to
exceed fifty feet inside the building, and incidental short sections of circular or surface metal raceway, not to exceed ten
feet, for access or protection of telecommunications cabling
and installation of cable trays and ladder racks in telecommunications service entrance rooms, spaces, or closets.
(8) A "telecommunications structured cabling system" is
the complete collective configuration of cabling and associated hardware at a given site and installed to perform specific
telecommunications functions.
(9) "Telecommunications administrator" means a person
designated by a telecommunications contractor to supervise
the installation of telecommunications systems in accordance
with rules adopted under this chapter.
(10) "Telecommunications closet" means a room for
housing telecommunications equipment, cable terminations,
and cross-connect wiring that serve that particular floor. The
closet is the recognized transition point between the backbone and horizontal cabling systems.
(11) "Telecommunications contractor" means a person,
firm, partnership, corporation, or other entity that advertises,
offers to undertake, undertakes, submits a bid for, or does the
work of installing or maintaining telecommunications systems.
(2004 Ed.)
19.28.410
(12) "Telecommunications service entrance room or
space" means a room or space used as the building serving
facility in which the joining of inter-building and intra-building backbone facilities takes place. The service entrance
room may also house electronic equipment serving any telecommunications function.
(13) "Telecommunications systems" means structured
cabling systems that begin at the demarcation point between
the local service provider and the customer's premises structured cabling system.
(a) Telecommunications systems encompass all forms of
information generation, processing, and transporting of signals conveyed electronically or optically within or between
buildings, including voice, data, video, and audio.
(b) Telecommunications systems include structured
cabling systems, compatible connecting hardware, telecommunications equipment, premises switching equipment,
infrared, fiber optic, radio-frequency, and other limitedenergy interconnections associated with telecommunications
systems or appliances.
(c) Telecommunications systems do not include horizontal cabling used for fire protection signaling systems, intrusion alarms, access control systems, patient monitoring systems, energy management control systems, industrial and
automation control systems, HVAC/refrigeration control systems, lighting control systems, and stand-alone amplified
sound or public address systems.
(d) Telecommunications systems may interface with
other building signal systems including security, alarms, and
energy management at cross-connection junctions within
telecommunications closets or at extended points of demarcation. Telecommunications systems do not include the installation or termination of premises line voltage service, feeder,
or branch circuit conductors or equipment.
(14) "Telecommunications worker" means a person primarily and regularly engaged in the installation and/or maintenance of telecommunications systems, equipment, and
infrastructure as defined in this chapter.
(15) "Telecommunications workstation" means a building space where the occupant normally interacts with telecommunications equipment. The telecommunications outlet
in the work area is the point at which end-user equipment
plugs into the building telecommunications utility formed by
the pathway, space, and building wiring system. [2000 c 238
§ 204.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.410
19.28.410 Telecommunications systems installations—Subject to this subchapter. (1) All installations of
wires and equipment defined as telecommunications systems
are subject to the requirements of this subchapter. Installations shall be in conformity with approved methods of construction for safety to life and property. The national electrical code, approved standards of the telecommunications
industries association, the electronic industries association,
the American national standards institute, and other safety
standards approved by the department shall be evidence of
approved methods of installation.
(2) This chapter may not limit the authority or power of
any city or town to enact and enforce under authority given
[Title 19 RCW—page 55]
19.28.420
Title 19 RCW: Business Regulations—Miscellaneous
by law in RCW 19.28.141, any ordinance, or rule requiring
an equal, higher, or better standard of construction and an
equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter.
[2000 c 238 § 205.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.420
19.28.420 Telecommunications contractor license—
Application—Bond—Issuance of license. (1) It is unlawful
for any person, firm, partnership, corporation, or other entity
to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of installing or maintaining
telecommunications systems without having a telecommunications contractor license. Electrical contractors licensed as
general electrical (01) or specialty electrical (06) contractors
under chapter 19.28 RCW and their designated administrators qualify to perform all telecommunications work defined
in this chapter. Telecommunications contractors licensed
under this chapter are not required to be registered under
chapter 18.27 RCW. All telecommunications licenses expire
twenty-four calendar months following the day of their issue.
A telecommunications contractor license is not required for a
licensed specialty electrical contractor to perform telecommunications installations or maintenance integral to the
equipment or occupancy limitations of their electrical specialty. A telecommunications contractor license is not
required for persons making telecommunications installations or performing telecommunications maintenance on
their own property or for regularly employed employees
working on the premises of their employer, unless on a new
building intended for rent, sale, or lease.
(2) Application for a telecommunications contractor
license shall be made in writing to the department accompanied by the required fee. The applications shall state:
(a) The name and address of the applicant. In the case of
firms or partnerships, the applications shall state the names of
the individuals composing the firm or partnership. In the case
of corporations, the applications shall state the names of the
corporation's managing officials;
(b) The location of the place of business of the applicant
and the name under which the business is conducted;
(c) The employer social security number or tax identification number;
(d) Evidence of workers' compensation coverage for the
applicant's employees working in Washington, as follows:
(i) The applicant's industrial insurance account number
issued by the department;
(ii) The applicant's self-insurer number issued by the
department; or
(iii) For applicants domiciled in a state or province of
Canada subject to an agreement entered into under RCW
51.12.120(7), as permitted by the agreement, filing a certificate of coverage issued by the agency that administers the
workers' compensation law in the applicant's state or province of domicile certifying that the applicant has secured the
payment of compensation under the other state's or province's
workers' compensation law;
(e) The employment security department number; and
(f) The state excise tax registration number.
[Title 19 RCW—page 56]
(3) The unified business identifier account number may
be substituted for the information required by subsection
(2)(d), (e), and (f) of this section if the applicant will not
employ employees in Washington.
(4) The department may verify the workers' compensation coverage information provided by the applicant under
subsection (2)(d) of this section including, but not limited to,
information regarding the coverage of an individual
employee of the applicant. If coverage is provided under the
laws of another state, the department may notify the other
state that the applicant is employing employees in Washington.
(5) To obtain a telecommunications contractor license
the applicant must designate an individual who currently possesses a telecommunications administrator certificate. To
obtain an administrator's certificate an individual must pass
an examination as set forth in this chapter. Examination criteria will be determined by the board.
(6) No examination may be required of any applicant for
an initial telecommunications administrator certificate qualifying under this section. Applicants qualifying under this section shall be issued an administrator certificate by the department upon making an application and paying the required
fee. Individuals must apply before July 1, 2001, to qualify for
an administrator certificate without examination under this
section. The board shall certify to the department the names
of all persons entitled to this administrator certificate.
Prior to July 1, 2001, bona fide registered contractors
under chapter 18.27 RCW engaged in the business of installing or maintaining telecommunications wiring in this state on
or before June 8, 2000, may designate the following number
of persons to receive a telecommunications administrator certificate without examination:
(a) One owner or officer of a contractor, registered under
chapter 18.27 RCW on or before June 8, 2000, currently
engaged in the business of installing telecommunications
wiring;
(b) One employee, principal, or officer, with a minimum
of two years experience performing telecommunications
installations, per registered telecommunication[s] contractor;
and
(c) One employee for each one hundred employees, or
fraction thereof, with a minimum of two years experience
performing telecommunications installations.
(7) The application for a contractor license shall be
accompanied by a bond in the sum of four thousand dollars
with the state of Washington named as obligee in the bond,
with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force and
effect, and any cancellation or revocation thereof, or withdrawal of the surety therefrom, suspends the license issued to
the principal until a new bond has been filed and approved as
provided in this section. Upon approval of a bond, the department shall, on the next business day, deposit the fee accompanying the application in the electrical license fund and shall
file the bond in the office. The department shall, upon
request, furnish to any person, firm, partnership, corporation,
or other entity a certified copy of the bond upon the payment
of a fee that the department shall set by rule. The fee shall
cover but not exceed the cost of furnishing the certified copy.
The bond shall be conditioned that the principal will pay for
(2004 Ed.)
Electricians and Electrical Installations
all labor, including employee benefits, and material furnished
or used upon the work, taxes and contributions to the state of
Washington, and all damages that may be sustained by any
person, firm, partnership, corporation, or other entity due to a
failure of the principal to make the installation or maintenance in accordance with this chapter. In lieu of the surety
bond required by this section the applicant may file with the
department a cash deposit or other negotiable security acceptable to the department. If the applicant has filed a cash
deposit, the department shall deposit the funds in a special
trust savings account in a commercial bank, mutual savings
bank, or savings and loan association and shall pay annually
to the depositor the interest derived from the account.
(8) Any person, firm, or corporation sustaining any damage or injury by reason of the principal's breach of the conditions of the bond required under this section may bring an
action against the surety named therein, joining in the action
the principal named in the bond; the action shall be brought in
the superior court of any county in which the principal on the
bond resides or transacts business, or in the county in which
the work was performed as a result of which the breach is
alleged to have occurred; the action shall be maintained and
prosecuted as other civil actions. Claims or actions against
the surety on the bond shall be paid in full in the following
order of priority: (a) Labor, including employee benefits, (b)
materials and equipment used upon such work, (c) taxes and
contributions due to the state, (d) damages sustained by any
person, firm, or corporation due to the failure of the principal
to make the installation in accordance with this chapter, or
any ordinance, building code, or regulation applicable
thereto. However, the total liability of the surety on any bond
may not exceed the sum of four thousand dollars, and the
surety on the bond may not be liable for monetary penalties.
Any action shall be brought within one year from the completion of the work in the performance of which the breach is
alleged to have occurred. The surety shall mail a conformed
copy of the judgment against the bond to the department
within seven days. In the event that a cash or securities
deposit has been made in lieu of the surety bond, and in the
event of a judgment being entered against the depositor and
deposit, the director shall upon receipt of a certified copy of a
final judgment, pay the judgment from the deposit.
(9) The department shall issue a telecommunications
contractor license to applicants meeting all of the requirements of this chapter applicable to electrical and telecommunications installations. The provisions of this chapter relating
to the licensing of any person, firm, partnership, corporation,
or other entity including the requirement of a bond with the
state of Washington named as obligee and the collection of a
fee for that bond, are exclusive, and no political subdivision
of the state of Washington may require or issue any licenses
or bonds or charge any fee for the same or a similar purpose.
[2000 c 238 § 206.]
19.28.450
as administrator under the contractor's license and must be a
full-time supervisory employee of the applicant. No person
may qualify as administrator for more than one contractor. If
the relationship of the administrator with the telecommunications contractor is terminated, the contractor's license is void
within ninety days unless another administrator is qualified
by the board. However, if the administrator dies, the contractor's license is void within one hundred eighty days unless
another administrator is qualified by the board.
(2) A certificate issued under this section is valid for two
years from the nearest birthdate of the administrator, unless
revoked or suspended, and is nontransferable. The certificate
may be renewed for a two-year period without examination
by appropriate application unless the certificate has been
revoked, suspended, or not renewed within ninety days after
the expiration date. If the certificate is not renewed before the
expiration date, the individual shall pay twice the usual fee. A
person may take the administrator's test as many times as necessary to pass, without limit.
(3) The administrator shall:
(a) Be a member of the firm or a supervisory employee
and shall be available during working hours to carry out the
duties of an administrator under this section;
(b) Ensure that all telecommunications work complies
with the telecommunication[s] installation laws and rules;
(c) Ensure proper permits are required and inspections
made;
(d) See that corrective notices issued by an inspecting
authority are complied with; and
(e) Notify the department in writing within ten days if
the administrator relationship is terminated with the telecommunications contractor. [2000 c 238 § 207.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.440
19.28.440 Examination for telecommunications
administrators' certificates. It is the purpose and function
of the board to establish and administer written examinations
for telecommunications administrators' certificates. Examinations shall be designed to reasonably ensure that telecommunications administrators' certificate holders are competent
to engage in and supervise the work regulated under this subchapter and their respective licenses. The examinations shall
include questions to assure proper safety and protection for
the general public. The department, with the consent of the
board, is permitted to enter into a contract with a professional
testing agency to develop, administer, and score these examinations. The fee for the examination may be set by the
department in its contract with the professional testing
agency. The department may direct that the applicant pay the
fee to the professional testing agency. The fee shall cover but
not exceed the costs of preparing and administering the
examination. [2000 c 238 § 208.]
Severability—2000 c 238: See note following RCW 19.28.301.
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.450
19.28.430
19.28.430 Administrator's examination—Certificate—Administrator's requirements. (1) Each applicant
for a telecommunications contractor license shall designate a
supervisory employee or member of the firm to take the
administrator's examination. This person shall be designated
(2004 Ed.)
19.28.450 Local enforcement of subchapter—
Enforcement of chapter. (1) The director and the officials
of all incorporated cities and towns where electrical inspections are required by local ordinances, allowed by RCW
19.28.141, may require by local ordinance the enforcement of
this subchapter in their respective jurisdictions. If an incorpo[Title 19 RCW—page 57]
19.28.460
Title 19 RCW: Business Regulations—Miscellaneous
rated city or town elects to enforce this subchapter, the city or
town has the power and shall enforce the provisions of this
subchapter.
(2) The director, through the chief electrical inspector
and other inspectors appointed under RCW 19.28.321, shall
enforce this chapter. Compliance enforcement may be performed by contractor compliance inspectors appointed under
chapter 18.27 RCW. The expenses of the director and the salaries and expenses of state inspectors incurred in carrying out
the provisions of this chapter shall be paid entirely out of the
electrical license fund, on vouchers approved by the director.
[2000 c 238 § 209.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.460
19.28.460 Disputes regarding local regulations—
Arbitration—Panel. Disputes arising under this chapter
regarding whether any city or town's telecommunications
rules, regulations, or ordinances are equal to the rules
adopted by the department shall be resolved by arbitration.
The department shall appoint two members of the board to
serve on the arbitration panel, and the city or town shall
appoint two persons to serve on the arbitration panel. These
four persons shall choose a fifth person to serve. If the four
persons cannot agree on a fifth person, the presiding judge of
the superior court of the county in which the city or town is
located shall choose a fifth person. A decision of the arbitration panel may be appealed to the superior court of the county
in which the city or town is located within thirty days after the
date the panel issues its final decision. [2000 c 238 § 210.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.470
19.28.470 Inspections—Report—Required
repairs/changes—Accessibility of telecommunications
systems. (1) The director shall require permits and require an
inspector to inspect all installations of telecommunications
systems on the customer side of the network demarcation
point for projects greater than ten outlets. However:
(a) All projects penetrating fire barriers, passing through
hazardous locations and all backbone installations regardless
of size shall be inspected;
(b) All installations in single-family residences, duplex
residences, and horizontal cabling systems within apartment
residential units, including cooperatives and condominiums,
do not require permits or inspections;
(c) No permits or inspections may be required for installation or replacement of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment;
(d) The chief electrical inspector may allow a building
owner or licensed electrical/telecommunications contractor
to apply for annual permitting and regularly scheduled
inspection of telecommunications installations made by
licensed electrical/telecommunications contractors or the
building owner for large commercial and industrial installations where:
(i) The building owner or licensed electrical/telecommunications contractor has a full-time telecommunications
maintenance staff or a yearly maintenance contract with a
licensed electrical/telecommunications contractor;
[Title 19 RCW—page 58]
(ii) The permit is purchased before beginning any telecommunications work; and
(iii) The building owner or licensed electrical/telecommunications contractor assumes responsibility for correcting
all installation deficiencies.
(2) Upon request, the department shall make the required
inspection within forty-eight hours. The forty-eight hour
period excludes holidays, Saturdays, and Sundays.
(3) A written report of the inspection, which plainly and
clearly states any corrections or changes required, shall be
made by the inspector. A copy of the report shall be furnished
to the person or entity doing the installation work, and a copy
shall be filed by the department.
(4) Whenever the installation of any telecommunications
cabling and associated hardware is not in accordance with
this chapter, or is in such a condition as to be dangerous to life
or property, the person, firm, partnership, corporation, or
other entity owning, using, or operating it shall be notified by
the department and shall within fifteen working days, or such
further reasonable time as may upon request be granted,
make such repairs and changes as are required to remove the
danger to life or property and to make it conform to this chapter. The director, through the inspector, is empowered to disconnect or order the discontinuance of the telecommunications cabling or electrical service to conductors or equipment
that are found to be in a dangerous or unsafe condition and
not in accordance with this chapter. Upon making a disconnection, the inspector shall attach a notice stating that the
conductors have been found dangerous to life or property and
are not in accordance with this chapter. It is unlawful for any
person to reconnect such defective conductors or equipment
without the approval of the department, and until the conductors and equipment have been placed in a safe and secure
condition that complies with this chapter.
(5) The director, through the electrical inspector, has the
right during reasonable hours to enter into and upon any
building or premises in the discharge of his or her official
duties related to permitting activities for the purpose of making any inspection or test of the installation of new or altered
telecommunications systems contained in or on the buildings
or premises. No telecommunications cabling subject to this
chapter may be concealed until it has been approved by the
inspector making the inspection. At the time of the inspection, wiring or equipment subject to this chapter must be sufficiently accessible to permit the inspector to verify installation conformance with the adopted codes and any other
requirements of this chapter. [2000 c 238 § 211.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.480
19.28.480 Unlawful acts—Interpretation of chapter.
(1) It is unlawful for any person, firm, partnership, corporation, or other entity to install or maintain any telecommunications cabling and associated hardware in violation of this
chapter. When the interpretation and application of the installation or maintenance standards provided for in this chapter
are in dispute or in doubt, the board shall, upon application of
any interested person, firm, partnership, corporation, or other
entity, determine the methods of installation or maintenance
of the cabling materials and hardware to be used in the case
submitted for its decision.
(2004 Ed.)
Electricians and Electrical Installations
(2) Any person, firm, partnership, corporation, or other
entity desiring a decision of the board under this section shall,
in writing, notify the director of such desire and shall accompany the notice with a certified check payable to the department in the sum of two hundred dollars. The notice shall
specify the ruling or interpretation desired and the contention
of the person, firm, partnership, corporation, or other entity
as to the proper interpretation or application on the question
on which a decision is desired. If the board determines that
the contention of the applicant for a decision was proper, the
two hundred dollars shall be returned to the applicant; otherwise it shall be used in paying the expenses and per diem of
the members of the board in connection with the matter. Any
portion of the two hundred dollars not used in paying the per
diem and expenses of the board in the case shall be paid into
the electrical license fund. [2000 c 238 § 212.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.490
19.28.490 Violation of chapter—Penalty—Appeal.
Any person, firm, partnership, corporation, or other entity
violating any of the provisions of this chapter may be
assessed a penalty of not less than one hundred dollars or
more than ten thousand dollars per violation. The department,
after consulting with the board and receiving the board's recommendations, shall set by rule a schedule of penalties for
violating this chapter. The department shall notify the person,
firm, partnership, corporation, or other entity violating any of
these provisions of the amount of the penalty and of the specific violation. The notice shall be sent by certified mail,
return receipt requested, to the last known address of the
assessed party. Penalties are subject to review by an appeal to
the board. The filing of an appeal stays the effect of the penalty until the board makes its decision. The appeal shall be
filed within twenty days after notice of the penalty is given to
the assessed party, and shall be made by filing a written
notice of appeal with the department. The notice shall be
accompanied by a certified check for two hundred dollars,
that shall be returned to the assessed party if the decision of
the department is not sustained by the board. If the board sustains the decision of the department, the two hundred dollars
shall be applied by the department to the payment of the per
diem and expenses of the members of the board incurred in
the matter, and any balance remaining after payment of per
diem and expenses shall be paid into the electrical license
fund. The hearing and review procedures shall be conducted
in accordance with chapter 34.05 RCW. The board shall
assign its hearings to an administrative law judge to conduct
the hearing and issue a proposed decision and order. The
board shall be allowed a minimum of twenty days to review a
proposed decision and shall issue its decision no later than the
next regularly scheduled board meeting. [2000 c 238 § 213.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.501
19.28.501 Insurance/financial responsibility. (1) At
the time of licensing and subsequent relicensing, the applicant shall furnish insurance or financial responsibility in the
form of an assigned account in the amount of twenty thousand dollars for injury or damages to property, fifty thousand
dollars for injury or damage including death to any one person, and one hundred thousand dollars for injury or damage
(2004 Ed.)
19.28.531
including death to more than one person, or financial responsibility to satisfy these amounts.
(2) Failure to maintain insurance or financial responsibility relative to the contractor's activities is cause to suspend
or deny the contractor's license.
(3)(a) Proof of financial responsibility authorized in this
section may be given by providing, in the amount required by
subsection (1) of this section, an assigned account acceptable
to the department. The assigned account shall be held by the
department to satisfy any execution on a judgment issued
against the contractor for damage to property or injury or
death to any person occurring in the contractor's contracting
operation, according to the provisions of the assigned account
agreement. The department shall have no liability for payment in excess of the amount of the assigned account.
(b) The assigned account filed with the director as proof
of financial responsibility shall be canceled three years after:
(i) The contractor's license has expired or been revoked;
(ii) The contractor has furnished proof of insurance as
required by subsection (1) of this section; or
(iii) No legal action has been instituted against the contractor or on the account at the end of the three-year period.
(c) If a contractor chooses to file an assigned account as
authorized in this section, the contractor shall, on a contracting project, notify each person with whom the contractor
enters into a contract or to whom the contractor submits a bid,
that the contractor has filed an assigned account in lieu of
insurance and that recovery from the account for any claim
against the contractor for property damage or personal injury
or death occurring on the project requires the claimant to
obtain a court judgment. [2000 c 238 § 214.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.511
19.28.511 Individual certification not required. Individual worker certification is not required for work under this
subchapter. This subchapter does not preclude any person
performing telecommunications work from obtaining a limited energy credit towards an electrical certificate of competency if they otherwise meet the certification requirements
under this chapter that are applicable to electrical installations. [2000 c 238 § 215.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.521
19.28.521 Limitation of action—Proof of valid
license required. No person, firm, or corporation engaging
in or conducting or carrying on the business of telecommunications installation shall be entitled to commence or maintain
any suit or action in any court of this state pertaining to any
such work or business, without alleging and proving that such
person, firm or corporation held, at the time of commencing
and performing such work, an unexpired, unrevoked, and
unsuspended license issued under this subchapter; and no city
or town requiring by ordinance or regulation a permit for
inspection or installation of such telecommunications installation work, shall issue such permit to any person, firm or
corporation not holding such license. [2000 c 238 § 216.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.531
19.28.531 Unlawful installation/maintenance—Disputed interpretation—Board to determine methods. It is
[Title 19 RCW—page 59]
19.28.541
Title 19 RCW: Business Regulations—Miscellaneous
unlawful for any person, firm, partnership, corporation, or
other entity to install or maintain telecommunications equipment not in accordance with this subchapter. In cases where
the interpretation and application of the installation or maintenance standards under this subchapter are in dispute or in
doubt, the board shall, upon application of any interested person, firm, partnership, corporation, or other entity, determine
the methods of installation or maintenance or the materials,
devices, appliances, or equipment to be used in the particular
case submitted for its decision. [2000 c 238 § 217.]
Severability—2000 c 238: See note following RCW 19.28.301.
provision to other persons or circumstances is not affected.
[1983 c 206 § 24.]
Chapter 19.29
Sections
19.29.010
19.29.020
19.29.030
19.29.040
19.29.050
19.28.541
19.28.541 Entity desiring board decision—Process.
Any person, firm, partnership, corporation, or other entity
desiring a decision of the board pursuant to RCW 19.28.531
shall, in writing, notify the director of such desire and shall
accompany the notice with a certified check payable to the
department in the sum of two hundred dollars. The notice
shall specify the ruling or interpretation desired and the contention of the person, firm, partnership, corporation, or other
entity as to the proper interpretation or application on the
question on which a decision is desired. If the board determines that the contention of the applicant for a decision was
proper, the two hundred dollars shall be returned to the applicant; otherwise it shall be used in paying the expenses and per
diem of the members of the board in connection with the matter. Any portion of the two hundred dollars not used in paying
the per diem and expenses of the board in the case shall be
paid into the electrical license fund. [2000 c 238 § 218.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.551
19.28.551 Director's authority—Adoption of rules.
(1) The director may adopt rules, make specific decisions,
orders, and rulings, including demands and findings, and take
other necessary action for the implementation and enforcement of this subchapter after consultation with the board and
receiving the board's recommendations. In the administration
of this subchapter the department shall not enter any controversy arising over work assignments with respect to the
trades involved in the construction industry.
(2) Compliance with the rules adopted under subsection
(1) of this section is prima facie evidence of compliance with
the subchapter. Copies of all rules shall be maintained by the
department and made available upon request. [2000 c 238 §
219.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.900
19.28.900 Severability—1935 c 169. If any section or
part of this chapter shall be held and adjudged to be void or
unconstitutional such adjudication shall not affect any other
section or part of this chapter not adjudged to be void or
unconstitutional. [1935 c 169 § 17.]
19.28.910
19.28.910 Effective date—1963 c 207. This act shall
take effect on July 1, 1963. [1963 c 207 § 6.]
19.28.911
19.28.911 Severability—1983 c 206. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
[Title 19 RCW—page 60]
Chapter 19.29 RCW
ELECTRICAL CONSTRUCTION
19.29.060
Rules for use of electrical apparatus or construction.
Copy of chapter to be posted.
Time for compliance.
Enforcement by director of labor and industries—Change of
rules—Violation.
Violation of rules by public service company or political subdivision—Penalty.
Violation of rules by agent, employee or officer—Penalty.
Electricians, licensing, etc.: Chapter 19.28 RCW.
19.29.010
19.29.010 Rules for use of electrical apparatus or
construction. It shall be unlawful from and after the passage
of this chapter for any officer, agent, or employee of the state
of Washington, or of any county, city or other political subdivision thereof, or for any other person, firm or corporation, or
its officers, agents or employees, to run, place, erect, maintain, or use any electrical apparatus or construction, except as
provided in the rules of this chapter.
Rule 1. No wire or cable, except the neutral, carrying a
current of less than seven hundred fifty volts of electricity
within the corporate limits of any city or town shall be run,
placed, erected, maintained or used on any insulator the center of which is less than thirteen inches from the center line of
any pole. And no such wire, except the neutral, shall be run
past any pole to which it is not attached at a distance of less
than thirteen inches from the center line thereof. This rule
shall not apply to any wire or cable where the same is run
from under ground and placed vertically on the pole; nor to
any wire or cable where the same is attached to the top of the
pole; nor to a pole top fixture as between it and the same pole;
nor to any wire or cable between the points where the same is
made to leave any pole or fixture thereon for the purpose of
entering any building or other structure and the point of
attachment to such building or structure; nor to any jumper
wire or cable carrying a current or connected with a transformer or other appliance on the same pole; nor to bridle or
jumper wires on any pole which are attached to or connected
with signal wires on the same pole; nor to any aerial cable as
between such cable and any pole upon which it originates or
terminates; nor to exclusive telephone or telegraph toll lines;
nor to aerial cables containing telephone, telegraph, or signal
wires, or wires continuing from same, where the cable is
attached to poles on which no wires or cables other than the
wires continuing from said cable are maintained, provided,
that electric light or power wires or cables are in no case
maintained on the same side of the street or highway on
which said aerial cable is placed.
Rule 2. No wire or cable used to carry a current of over
seven hundred fifty volts of electricity within the incorporate
limits of any city or town shall be run, placed, erected, maintained or used on any insulator the center of which is nearer
than twenty-four inches to the center line of any pole. And no
such wire or cable shall be run past any pole to which it is not
attached at a distance of less than twenty-four inches from the
center line thereof: PROVIDED, That this shall not apply to
(2004 Ed.)
Electrical Construction
any wire or cable where the same is run from under ground
and placed vertically on the pole; nor to any wire or cable
where the same is attached to the top of the pole; nor to a pole
top fixture, as between it and the same pole; nor to any wire
or cable between the points where the same is made to leave
any pole or fixture thereon for the purpose of entering any
building or other structure, and the point of attachment to said
building or structure; nor to any jumper wire or cable carrying a current or connected with transformers or other appliances on the same pole: PROVIDED FURTHER, That
where said wire or cable is run vertically, it shall be rigidly
supported and where possible run on the ends of the crossarms.
Rule 3. No wire or cable carrying a current of more than
seven hundred fifty volts, and less than seventy-five hundred
volts of electricity, shall be run, placed, erected, maintained
or used within three feet of any wire or cable carrying a current of seven hundred fifty volts or less of electricity; and no
wire or cable carrying a current of more than seventy-five
hundred volts of electricity shall be run, placed, erected,
maintained, or used within seven feet of any wire or cable
carrying less than seventy-five hundred volts: PROVIDED,
That the foregoing provisions of this paragraph shall not
apply to any wire or cable within buildings or other structures; nor where the same are run from under ground and
placed vertically upon the pole; nor to any service wire or
cable where the same is made to leave any pole or fixture
thereon for the purpose of entering any building or other
structure, and the point of attachment to said building or
structure; nor to any jumper wire or cable carrying a current
or connected with a transformer or other appliance on the
same pole: PROVIDED, That where run vertically, wires or
cables shall be rigidly supported, and where possible run on
the ends of the cross-arms: PROVIDED FURTHER, That as
between any two wires or cables mentioned in Rules 1, 2 and
3 of this section, only the wires or cables last in point of time
so run, placed, erected or maintained, shall be held to be in
violation of the provisions thereof.
Rule 4. No wire or cable used for telephone, telegraph,
district messenger, or call bell circuit, fire or burglar alarm, or
any other similar system, shall be run, placed, erected, maintained or used on any pole at a distance of less than three feet
from any wire or cable carrying a current of over three hundred volts of electricity; and in all cases (except those mentioned in exceptions to Rules 1, 2 and 3) where such wires or
cables are run, above or below, or cross over or under electric
light or power wires, or a trolley wire, a suitable method of
construction, or insulation or protection to prevent contact
shall be maintained as between such wire or cable and such
electric light, power or trolley wire; and said methods of construction, insulation or protection shall be installed by, or at
the expense of the person owning the wire last placed in point
of time: PROVIDED, That telephone, telegraph or signal
wires or cables operated for private use and not furnishing
service to the public, may be placed less than three feet from
any line carrying a voltage of less than seven hundred and
fifty volts.
Rule 5. Transformers, either single or in bank, that
exceed a total capacity of over ten K.W. shall be supported by
a double cross-arm, or some fixture equally as strong. No
transformer shall be placed, erected, maintained or used on
(2004 Ed.)
19.29.010
any cross-arm or other appliance on a pole upon which is
placed a series electric arc lamp or arc light: PROVIDED,
This shall not apply to a span wire supporting a lamp only.
All aerial and underground transformers used for low potential distribution shall be subjected to an insulation test in
accordance with the standardized rules of the American Institute of Electrical Engineers. In addition to this each transformer shall be tested at rated line voltage prior to each installation and shall have attached to it a tag showing the date on
which the test was made, and the name of the person making
the test.
Rule 6. No wire or cable, other than ground wires, used
to conduct or carry electricity, shall be placed, run, erected,
maintained or used vertically on any pole without causing
such wire or cable to be at all times sufficiently insulated the
full length thereof to insure the protection of anyone coming
in contact with said wire or cable.
Rule 7. The neutral point or wire of all transformer secondaries strung or erected for use in low potential distributing
systems shall be grounded in all cases where the normal maximum difference of potential between the ground and any
point in the secondary circuit will not exceed one hundred
and fifty volts. When no neutral point or wire is accessible
one side of the secondary circuit shall be grounded in the case
of single phase transformers, and any one common point in
the case of interconnected polyphase bank or banks of transformers. Where the maximum difference of potential
between the ground and any point in the secondary circuit
will, when grounded, exceed one hundred fifty volts, grounding shall be permitted. Such grounding shall be done in the
manner provided in Rule 30.
Rule 8. In all cases where a wire or cable larger than No.
14 B.W.G. originates or terminates on insulators attached to
any pin or other appliance, said wire or cable shall be
attached to at least two insulators: PROVIDED HOWEVER,
That this section shall not apply to service wires to buildings;
nor to wires run vertically on a pole; nor to wires originating
or terminating on strain insulators or circuit breakers; nor to
telephone, telegraph or signal wires outside the limits of any
incorporated city or town.
Rule 9. Fixtures placed or erected for the support of
wires on the roofs of buildings shall be of sufficient strength
to withstand all strains to which they may be subjected, due
to the breaking of all wires on one side thereof, and except
where insulated wires or cables are held close to fire walls by
straps or rings, shall be of such height and so placed that all
of the wires supported by such fixtures shall be at least seven
feet above any point of roofs less than one-quarter pitch over
which they pass or may be attached, and no roof fixtures or
wire shall be so placed that they will interfere with the free
passage of persons upon, over, to or from the roofs.
Rule 10. No guy wire or cable shall be placed, run,
erected, maintained or used within the incorporate limits of
any city or town on any pole or appliance to which is attached
any wire or cable used to conduct electricity without causing
said guy wire or cable to be efficiently insulated with circuit
breakers at all times at a distance of not less than eight feet
nor more than ten feet measured along the line of said guy
wire or cable from each end thereof: PROVIDED, No circuit
breaker shall be required at the lower end of the guy wire or
cable where the same is attached to a ground anchor, nor shall
[Title 19 RCW—page 61]
19.29.010
Title 19 RCW: Business Regulations—Miscellaneous
any circuit breaker be required where said guy wire or cable
runs direct from a grounded messenger wire to a grounded
anchor rod.
Rule 11. In all span wires used for the purpose of supporting trolley wires or series arc lamps there shall be at least
two circuit breakers, one of which shall at all times be maintained no less than four feet nor more than six feet distant
from the trolley wire or series arc lamp, and in cases where
the same is supported by a building or metallic pole, the other
circuit breaker shall be maintained at the building or at the
pole: PROVIDED, That in span wires which support two or
more trolley wires no circuit breaker shall be required in the
span wire between any two of the trolley wires: PROVIDED
FURTHER, That in span wires supporting trolley wires
attached to wooden poles only the circuit breaker adjacent to
the trolley wire shall be required.
Rule 12. At all points where in case of a breakdown of
trolley span wires, the trolley wire would be liable to drop
within seven feet of the ground, there shall be double span
wires and hangers placed at such points.
Rule 13. All energized wires or appliances installed
inside of any building or vault, for the distribution of electrical energy, shall be sufficiently insulated, or so guarded,
located, or arranged as to protect any person from injury.
Rule 14. The secondary circuit of current transformers,
the casings of all potential regulators and arc light transformers, all metal frames of all switch boards, metal oil tanks used
on oil switches except where the tank is part of the conducting system, all motor and generator frames, the entire frame
of the crane and the tracks of all traveling cranes and hoisting
devices, shall be thoroughly grounded, as provided in Rule
30.
Rule 15. All generators and motors having a potential of
more than three hundred volts shall be provided with a suitable insulated platform or mat so arranged as to permit the
attendant to stand upon such platform or mat when working
upon the live parts of such generators or motors.
Rule 16. Suitable insulated platforms or mats shall be
provided for the use of all persons while working on any live
part of switchboards on which any wire or appliance carries a
potential in excess of three hundred volts.
Rule 17. Every generator, motor, transformer, switch or
other similar piece of apparatus and device used in the generation, transmission or distribution of electrical energy in stations or substations, shall be either provided with a name
plate giving the capacity in volts and amperes, or have this
information stamped thereon in such a manner as to be
clearly legible.
Rule 18. When lines of seven hundred fifty volts or over
are cut out at the station or substation to allow employees to
work upon them, they shall be short-circuited and grounded
at the station, and shall in addition, if the line wires are bare,
be short-circuited, and where possible grounded at the place
where the work is being done.
Rule 19. All switches installed with overload protection
devices, and all automatic overload circuit breakers must
have the trip coils so adjusted as to afford complete protection against overloads and short circuits, and the same must
be so arranged that no pole can be opened manually without
opening all the poles, and the trip coils shall be instantly operative upon closing.
[Title 19 RCW—page 62]
Rule 20. All feeders for electric railways must, before
leaving the plant or substation, be protected by an approved
circuit breaker which will cut off the circuit in case of an accidental ground or short circuit.
Rule 21. There shall be provided in all distributing stations a ground detecting device.
Rule 22. There shall be provided in all stations, plants,
and buildings herein specified warning cards printed on red
cardboard not less than two and one-quarter by four and onehalf inches in size, which shall be attached to all switches
opened for the purpose of linemen or other employees working on the wires. The person opening any line switch shall
enter upon said card the name of the person ordering the
switch opened, the time opened, the time line was reported
clear and by whom, and shall sign his own name.
Rule 23. No manhole containing any wire carrying a current of over three hundred volts shall be less than six feet
from floor to inside of roof; if circular in shape it shall not be
less than six feet in diameter; if square it shall be six feet from
wall to wall: PROVIDED HOWEVER, That this paragraph
shall not apply to any manhole in which it shall not be
required that any person enter to perform work: PROVIDED
FURTHER, That the foregoing provisions of this paragraph
shall not apply where satisfactory proof shall be submitted to
the proper authorities that it is impracticable or physically
impossible to comply with this law within the space or location designated by the proper authorities.
Rule 24. All manholes containing any wires or appliances carrying electrical current shall be kept in a sanitary
condition, free from stagnant water or seepage or other drainage which is offensive or dangerous to health, either by sewer
connection or otherwise, while any person is working in the
same.
Rule 25. No manhole shall have an opening to the outer
air of less than twenty-six inches in diameter, and the cover of
same shall be provided with vent hole or holes equivalent to
three square inches in area.
Rule 26. No manhole shall have an opening which is, at
the surface of the ground, within a distance of three feet at
any point from any rail of any railway or street car track:
PROVIDED, That this shall not apply where satisfactory
proof shall be submitted to the proper authorities that it is
impracticable or physically impossible to comply with the
provisions of this paragraph: PROVIDED, That in complying with the provisions of this rule only the construction last
in point of time performed, placed or erected shall be held to
be in violation thereof.
Rule 27. Whenever persons are working in any manhole
whose opening to the outer air is less than three feet from the
rail of any railway or street car track, a watchman or attendant
shall be stationed on the surface at the entrance of such manhole at all times while work is being performed therein.
Rule 28. All persons employed in manholes shall be furnished with insulated platforms so as to protect the workers
while at work in the manholes: PROVIDED, That this paragraph shall not apply to manholes containing only telephone,
telegraph or signal wires or cables.
Rule 29. No work shall be permitted to be done on any
live wire, cable or appliance carrying more than seven hundred fifty volts of electricity by less than two competent and
experienced persons, who, at all times while performing such
(2004 Ed.)
Electrical Construction
work shall be in the same room, chamber, manhole or other
place in which, or on the same pole on which, such work is
being done: PROVIDED, That in districts where only one
competent and experienced person is regularly employed,
and a second competent and experienced person cannot be
obtained without delay at prevailing rate of pay in said district, such work shall be permitted to be done by one competent and experienced person and a helper who need not be on
the same pole on which said work is being done.
No work shall be permitted to be done in any manhole or
subway on any live wire, cable or appliance carrying more
than three hundred volts of electricity by less than two competent and experienced persons, who at all times while performing such work shall be in the same manhole or subway in
which such work is being done.
Rule 30. The grounding provided for in these rules shall
be done in the following manner: By connecting a wire or
wires not less than No. 6 B.&S. gauge to a water pipe of a
metallic system outside of the meter, if there is one, or to a
copper plate one-sixteenth inch thick and not less than three
feet by six feet area buried in coke below the permanent
moisture level, or to other device equally as efficient. The
ground wire or wires of a direct current system of three or
more wires shall not be smaller than the neutral wire at the
central station, and not smaller than a No. 6 B.&S. gauge
elsewhere: PROVIDED, That the maximum cross section
area of any ground wire or wires at the central station need
not exceed one million circular mils. The ground wires shall
be carried in as nearly a straight line as possible, and kinks,
coils and short bends shall be avoided: PROVIDED, That the
provisions of this rule shall not apply as to size to ground
wires run from instrument transformers or meters. [1989 c 12
§ 3; 1987 c 79 § 1; 1965 ex.s. c 65 § 1; 1913 c 130 § 1; RRS
§ 5435.] [1954 SLC-RO 29.]
19.29.020
19.29.020 Copy of chapter to be posted. A copy of
this chapter printed in a legible manner shall be kept posted in
a conspicuous place in all electric plants, stations and storerooms. [1913 c 130 § 2; RRS § 5436.] [1954 SLC-RO-29.]
19.29.030
19.29.030 Time for compliance. All wires, cables,
poles, electric fixtures and appliances of every kind being
used or operated at the time of the passage of this chapter,
shall be changed, and made to conform to the provisions of
this chapter, on or before the 1st day of July, 1940: PROVIDED HOWEVER, That the director of labor and industries
of Washington shall have power, upon reasonable notice, to
order and require the erection of all guards, protective
devices, and methods of protection which in the judgment of
the director are necessary and should be constructed previous
to the expiration of the time fixed in this section: PROVIDED FURTHER, That nothing in this chapter shall apply
to manholes already constructed, except the provisions for
guards, sanitary conditions, drainage and safety appliances
specified in rules 20, 24, 26, 29, 30, 31 and 32. [1937 c 105
§ 1; 1931 c 24 § 1; 1921 c 20 § 1; 1917 c 41 § 1; 1913 c 130
§ 3; RRS § 5437.] [1954 SLC-RO-29.]
19.29.040
19.29.040 Enforcement by director of labor and
industries—Change of rules—Violation. It shall be the
(2004 Ed.)
19.29.060
duty of the director of labor and industries of Washington to
enforce all the provisions and rules of this chapter and the
director is hereby empowered upon hearing to amend, alter
and change any and all rules herein contained, or any part
thereof, and to supplement the same by additional rules and
requirements, after first giving reasonable public notice and a
reasonable opportunity to be heard to all affected thereby:
PROVIDED, That no rule amending, altering or changing
any rule supplementary to the rules herein contained shall
provide a less measure of safety than that provided by the rule
amended, altered or changed.
A violation of any rule herein contained or of any rule or
requirement made by the director of labor and industries
which it is hereby permitted to make shall be deemed a violation of this chapter. [1983 c 4 § 2; 1913 c 130 § 4; RRS §
5438.] [1954 SLC-RO-29.]
19.29.050
19.29.050 Violation of rules by public service company or political subdivision—Penalty. Every public service company, county, city, or other political subdivision of
the state of Washington, and all officers, agents and employees of any public service company, county, city, or other
political subdivision of the state of Washington, shall obey,
observe and comply with every order, rule, direction or
requirement made by the commission [director of labor and
industries] under authority of this chapter, so long as the
same shall be and remain in force. Any public service company, county, city, or other political subdivision of the state
of Washington, which shall violate or fail to comply with any
provision of this chapter, or which fails, omits or neglects to
obey, observe or comply with any order, rule, or any direction, demand or requirement of the commission [director of
labor and industries], pursuant to this chapter, shall be subject
to a penalty of not to exceed the sum of one thousand dollars
for each and every offense. Every violation of any such order,
direction or requirement of this chapter shall be a separate
and distinct offense, and in case of a continued violation
every day's continuance thereof shall be and be deemed to be
a separate and distinct offense. [1913 c 130 § 5; RRS §
5439.] [1954 SLC-RO-29.]
Reviser's note: (1) Duties of the public service commission devolved
on director of labor and industries. 1921 c 7 § 80(5) relating to powers and
duties of the director of labor and industries reads: "(5) To exercise all the
powers and perform all the duties in relation to the enforcement, amendment,
alteration, change, and making additions to rules and regulations concerning
the operation, placing, erection, maintenance, and use of electrical apparatus,
and the construction thereof, now vested in, and required to be performed by,
the public service commission;". See also RCW 43.22.050(3).
(2) Name of "public service commission" changed to "utilities and
transportation commission" by 1961 c 290 § 1.
19.29.060
19.29.060 Violation of rules by agent, employee or
officer—Penalty. Every officer, agent or employee of any
public service company, the state of Washington, or any
county, city, or other political subdivision of the state of
Washington, who shall violate or fail to comply with, or who
procures, aids or abets any violation by any public service
company, the state of Washington, or any county, city or
other political subdivision of the state of Washington, of any
provision of this chapter, or who shall fail to obey, observe or
comply with any order of the commission [director of labor
and industries], pursuant to this chapter, or any provision of
[Title 19 RCW—page 63]
Chapter 19.29A
Title 19 RCW: Business Regulations—Miscellaneous
any order of the commission [director of labor and industries], or who procures, aids or abets any such public service
company, the state of Washington, or any county, city, or
other political subdivision of the state of Washington, in its
failure to obey, observe and comply with any such order or
provision, shall be guilty of a gross misdemeanor. [1913 c
130 § 6; RRS § 5440.] [1954 SLC-RO-29.]
Reviser's note: See note following RCW 19.29.050.
Chapter 19.29A
Chapter 19.29A RCW
CONSUMERS OF ELECTRICITY
Sections
19.29A.005
19.29A.010
19.29A.020
19.29A.030
19.29A.040
19.29A.050
19.29A.060
19.29A.070
19.29A.080
19.29A.090
19.29A.900
19.29A.901
Findings—Intent.
Definitions.
Disclosures to retail electric customers.
Notice of disclosures to retail electric customers.
Exceptions for small utility—Voluntary compliance.
Annual fuel mix information—Disclosure label—Requirements.
Fuel mix disclosure—Electricity product categories—Disclosure format.
Actions required of department—Convene work group—
Report to legislature.
Electricity information coordinator—Selection—Regional
entity serving as coordinator, requirements—Retail supplier's information.
Voluntary option to purchase qualified alternative energy
resources—Rates, terms, and conditions—Reports.
Construction—1998 c 300.
Severability—1998 c 300.
19.29A.005 Findings—Intent. (1) The legislature
finds that:
(a) Electricity is a basic and fundamental need of all residents; and
(b) Currently Washington's consumer-owned and investor-owned utilities offer consumers a high degree of reliability and service quality while providing some of the lowest
rates in the country.
(2) The legislature intends to:
(a) Preserve the benefits of consumer and environmental
protection, system reliability, high service quality, and lowcost rates;
(b) Ensure that all retail electrical customers have the
same level of rights and protections; and
(c) Require the adequate disclosure of the rights afforded
to retail electric customers. [1998 c 300 § 1.]
19.29A.005
19.29A.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Biomass generation" means electricity derived from
burning solid organic fuels from wood, forest, or field residue, or dedicated energy crops that do not include wood
pieces that have been treated with chemical preservatives
such as creosote, pentachlorophenol, or copper-chromaarsenic.
(2) "Bonneville power administration system mix"
means a generation mix sold by the Bonneville power administration that is net of any resource specific sales and that is
net of any electricity sold to direct service industrial customers, as defined in section 3(8) of the Pacific Northwest electric power planning and conservation act (16 U.S.C. Sec.
839(a)(8)).
19.29A.010
[Title 19 RCW—page 64]
(3) "Coal generation" means the electricity produced by
a generating facility that burns coal as the primary fuel
source.
(4) "Commission" means the utilities and transportation
commission.
(5) "Conservation" means an increase in efficiency in the
use of energy use that yields a decrease in energy consumption while providing the same or higher levels of service.
Conservation includes low-income weatherization programs.
(6) "Consumer-owned utility" means a municipal electric utility formed under Title 35 RCW, a public utility district formed under Title 54 RCW, an irrigation district formed
under chapter 87.03 RCW, a cooperative formed under chapter 23.86 RCW, or a mutual corporation or association
formed under chapter 24.06 RCW, that is engaged in the
business of distributing electricity to more than one retail
electric customer in the state.
(7) "Declared resource" means an electricity source specifically identified by a retail supplier to serve retail electric
customers. A declared resource includes a stated quantity of
electricity tied directly to a specified generation facility or set
of facilities either through ownership or contract purchase, or
a contractual right to a stated quantity of electricity from a
specified generation facility or set of facilities.
(8) "Department" means the department of community,
trade, and economic development.
(9) "Electricity information coordinator" means the
organization selected by the department under RCW
19.29A.080 to: (a) Compile generation data in the Northwest
power pool by generating project and by resource category;
(b) compare the quantity of electricity from declared
resources reported by retail suppliers with available generation from such resources; (c) calculate the net system power
mix; and (d) coordinate with other comparable organizations
in the western interconnection.
(10) "Electric meters in service" means those meters that
record in at least nine of twelve calendar months in any calendar year not less than two hundred fifty kilowatt hours per
month.
(11) "Electricity product" means the electrical energy
produced by a generating facility or facilities that a retail supplier sells or offers to sell to retail electric customers in the
state of Washington, provided that nothing in this title shall
be construed to mean that electricity is a good or product for
the purposes of Title 62A RCW, or any other purpose. It does
not include electrical energy generated on-site at a retail electric customer's premises.
(12) "Electric utility" means a consumer-owned or investor-owned utility as defined in this section.
(13) "Electricity" means electric energy measured in
kilowatt hours, or electric capacity measured in kilowatts, or
both.
(14) "Fuel mix" means the actual or imputed sources of
electricity sold to retail electric customers, expressed in terms
of percentage contribution by resource category. The total
fuel mix included in each disclosure shall total one hundred
percent.
(15) "Geothermal generation" means electricity derived
from thermal energy naturally produced within the earth.
(16) "Governing body" means the council of a city or
town, the commissioners of an irrigation district, municipal
(2004 Ed.)
Consumers of Electricity
electric utility, or public utility district, or the board of directors of an electric cooperative or mutual association that has
the authority to set and approve rates.
(17) "High efficiency cogeneration" means electricity
produced by equipment, such as heat or steam used for industrial, commercial, heating, or cooling purposes, that meets the
federal energy regulatory commission standards for qualifying facilities under the public utility regulatory policies act of
1978.
(18) "Hydroelectric generation" means a power source
created when water flows from a higher elevation to a lower
elevation and the flow is converted to electricity in one or
more generators at a single facility.
(19) "Investor-owned utility" means a company owned
by investors that meets the definition of RCW 80.04.010 and
is engaged in distributing electricity to more than one retail
electric customer in the state.
(20) "Landfill gas generation" means electricity produced by a generating facility that uses waste gases produced
by the decomposition of organic materials in landfills.
(21) "Natural gas generation" means electricity produced
by a generating facility that burns natural gas as the primary
fuel source.
(22) "Northwest power pool" means the generating
resources included in the United States portion of the Northwest power pool area as defined by the western systems coordinating council.
(23) "Net system power mix" means the fuel mix in the
Northwest power pool, net of: (a) Any declared resources in
the Northwest power pool identified by in-state retail suppliers or out-of-state entities that offer electricity for sale to
retail electric customers; (b) any electricity sold by the Bonneville power administration to direct service industrial customers; and (c) any resource specific sales made by the Bonneville power administration.
(24) "Oil generation" means electricity produced by a
generating facility that burns oil as the primary fuel source.
(25) "Proprietary customer information" means: (a)
Information that relates to the source and amount of electricity used by a retail electric customer, a retail electric customer's payment history, and household data that is made
available by the customer solely by virtue of the utility-customer relationship; and (b) information contained in a retail
electric customer's bill.
(26) "Renewable resources" means electricity generation
facilities fueled by: (a) Water; (b) wind; (c) solar energy; (d)
geothermal energy; (e) landfill gas; or (f) biomass energy
based on solid organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood
pieces that have been treated with chemical preservatives
such as creosote, pentachlorophenol, or copper-chromearsenic.
(27) "Resale" means the purchase and subsequent sale of
electricity for profit, but does not include the purchase and
the subsequent sale of electricity at the same rate at which the
electricity was purchased.
(28) "Retail electric customer" means a person or entity
that purchases electricity for ultimate consumption and not
for resale.
(2004 Ed.)
19.29A.020
(29) "Retail supplier" means an electric utility that offers
an electricity product for sale to retail electric customers in
the state.
(30) "Small utility" means any consumer-owned utility
with twenty-five thousand or fewer electric meters in service,
or that has an average of seven or fewer customers per mile of
distribution line.
(31) "Solar generation" means electricity derived from
radiation from the sun that is directly or indirectly converted
to electrical energy.
(32) "State" means the state of Washington.
(33) "Waste incineration generation" means electricity
derived from burning solid or liquid wastes from businesses,
households, municipalities, or waste treatment operations.
(34) "Wind generation" means electricity created by
movement of air that is converted to electrical energy. [2000
c 213 § 2; 1998 c 300 § 2.]
19.29A.020 Disclosures to retail electric customers.
Except as otherwise provided in RCW 19.29A.040, each
electric utility must provide its retail electric customers with
the following disclosures in accordance with RCW
19.29A.030:
(1) An explanation of any applicable credit and deposit
requirements, including the means by which credit may be
established, the conditions under which a deposit may be
required, the amount of any deposit, interest paid on the
deposit, and the circumstances under which the deposit will
be returned or forfeited.
(2) A complete, itemized listing of all rates and charges
for which the customer is responsible, including charges, if
any, to terminate service, the identity of the entity responsible
for setting rates, and an explanation of how to receive notice
of public hearings where changes in rates will be considered
or approved.
(3) An explanation of the metering or measurement policies and procedures, including the process for verifying the
reliability of the meters or measurements and adjusting bills
upon discovery of errors in the meters or measurements.
(4) An explanation of bill payment policies and procedures, including due dates, applicable late fees, and the interest rate charged, if any, on unpaid balances.
(5) An explanation of the payment arrangement options
available to customers, including budget payment plans and
the availability of home heating assistance from government
and private sector organizations.
(6) An explanation of the method by which customers
must give notice of their intent to discontinue service, the circumstances under which service may be discontinued by the
utility, the conditions that must be met by the utility prior to
discontinuing service, and how to avoid disconnection.
(7) An explanation of the utility's policies governing the
confidentiality of proprietary customer information, including the circumstances under which the information may be
disclosed and ways in which customers can control access to
the information.
(8) An explanation of the methods by which customers
may make inquiries to and file complaints with the utility,
and the utility's procedures for responding to and resolving
complaints and disputes, including a customer's right to complain about an investor-owned utility to the commission and
19.29A.020
[Title 19 RCW—page 65]
19.29A.030
Title 19 RCW: Business Regulations—Miscellaneous
appeal a decision by a consumer-owned utility to the governing body of the consumer-owned utility.
(9) An annual report containing the following information for the previous calendar year:
(a) A general description of the electric utility's customers, including the number of residential, commercial, and
industrial customers served by the electric utility, and the
amount of electricity consumed by each customer class in
which there are at least three customers, stated as a percentage of the total utility load;
(b) A summary of the average electricity rates for each
customer class in which there are at least three customers,
stated in cents per kilowatt hour, the date of the electric utility's last general rate increase or decrease, the identity of the
entity responsible for setting rates, and an explanation of how
to receive notice of public hearings where changes in rates
will be considered or approved;
(c) An explanation of the amount invested by the electric
utility in conservation, nonhydrorenewable resources, and
low-income energy assistance programs, and the source of
funding for the investments; and
(d) An explanation of the amount of federal, state, and
local taxes collected and paid by the electric utility, including
the amounts collected by the electric utility but paid directly
by retail electric customers. [1998 c 300 § 3.]
19.29A.030 Notice of disclosures to retail electric customers. Except as otherwise provided in RCW 19.29A.040,
an electric utility shall:
(1) Provide notice to all of its retail electric customers
that the disclosures required in RCW 19.29A.020 are available without charge upon request. Such notice shall be provided at the time service is established and either included as
a prominent part of each customer's bill or in a written notice
mailed to each customer at least once a year thereafter.
Required disclosures shall be provided without charge, in
writing using plain language that is understandable to an
ordinary customer, and presented in a form that is clear and
conspicuous.
(2) Disclose the following information in a prominent
manner on all billing statements sent to retail electric customers, or by a separate written notice mailed to all retail electric
customers at least quarterly and at the same time as a billing
statement: "YOUR BILL INCLUDES CHARGES FOR
ELECTRICITY, DELIVERY SERVICES, GENERAL
ADMINISTRATION AND OVERHEAD, METERING,
TAXES, CONSERVATION EXPENSES, AND OTHER
ITEMS." [1998 c 300 § 4.]
19.29A.030
19.29A.040 Exceptions for small utility—Voluntary
compliance. The provisions of RCW 19.29A.020,
19.29A.030, section 5, chapter 300, Laws of 1998, and RCW
19.29A.090 do not apply to a small utility. However, nothing
in this section prohibits the governing body of a small utility
from determining the utility should comply with any or all of
the provisions of RCW 19.29A.020, 19.29A.030, section 5,
chapter 300, Laws of 1998, and RCW 19.29A.090, which
governing bodies are encouraged to do. [2001 c 214 § 29;
1998 c 300 § 6.]
19.29A.040
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
[Title 19 RCW—page 66]
Findings—2001 c 214: See note following RCW 39.35.010.
19.29A.050
19.29A.050 Annual fuel mix information—Disclosure label—Requirements. (1) Beginning in 2001, each
retail supplier shall provide to its existing and new retail electric customers its annual fuel mix information by generation
category as required in RCW 19.29A.060.
(2) Disclosures required under subsection (1) of this section shall be provided through a disclosure label presented in
a standardized format as required in RCW 19.29A.060(7).
(3) Except as provided in subsection (5) of this section,
each retail supplier shall provide the disclosure label:
(a) To each of its new retail electric customers at the time
service is established;
(b) To all of its existing retail electric customers, as a bill
insert or other mailed publication, not less than semiannually;
and
(c) As part of any marketing material, in paper, written,
or other media format, that is used primarily to promote the
sale of any specific electricity product being advertised, contracted for, or offered for sale to current or prospective retail
electric customers.
(4) In addition to the disclosure requirements under subsection (3) of this section, each retail supplier shall provide to
each electric customer it serves, at least two additional times
per year, a publication that contains either:
(a) The disclosure label;
(b) A customer service phone number to request a disclosure label; or
(c) A reference to an electronic form of the disclosure
label.
(5) Small utilities and mutual light and power companies
shall provide the disclosure label not less than annually
through a publication that is distributed to all their retail electric customers, and have disclosure label information available in their main business office. If a small utility or mutual
company engages in marketing a specific electric product
new to that utility it shall provide the disclosure label
described in subsection (3)(c) of this section. [2000 c 213 §
3.]
Finding—Intent—2000 c 213: "(1) Consumer disclosure ensures that
retail electric consumers purchasing electric energy receive basic information about the characteristics associated with their electric product in a form
that facilitates consumer understanding of retail electric energy service and
the development of new products responsive to consumer preferences.
(2) The legislature finds and declares that there is a need for reliable,
accurate, and timely information regarding fuel source, that is consistently
collected, for all electricity products offered for retail sale in Washington.
(3) The desirability and feasibility of such disclosure has been clearly
established in nutrition labeling, uniform food pricing, truth-in-lending, and
other consumer information programs.
(4) The legislature intends to establish a consumer disclosure standard
under which retail suppliers in Washington disclose information on the fuel
mix of the electricity products they sell. Fundamental to disclosure is a label
that promotes consistency in content and format, that is accurate, reliable,
and simple to understand, and that allows verification of the accuracy of
information reported.
(5) To ensure that consumer information is verifiable and accurate, certain characteristics of electricity generation must be tracked and compared
with information provided to consumers." [2000 c 213 § 1.]
19.29A.060
19.29A.060 Fuel mix disclosure—Electricity product
categories—Disclosure format. (1) Each retail supplier
(2004 Ed.)
Consumers of Electricity
shall disclose the fuel mix of each electricity product it offers
to retail electric customers as follows:
(a) For an electricity product comprised entirely of
declared resources, a retail supplier shall disclose the fuel
mix for the electricity product based on the quantity of electric generation from those declared resources for the previous
calendar year and any adjustment, if taken, available under
subsection (6) of this section.
(b) For an electricity product comprised of no declared
resources, a retail supplier shall report the fuel mix for the
electricity product as the fuel mix of net system power for the
previous calendar year, as determined by the electricity information coordinator under RCW 19.29A.080.
(c) For an electricity product comprised of a combination
of declared resources and the net system power, a retail supplier shall disclose the fuel mix for the electricity product as
a weighted average of the megawatt-hours from declared
resources and the megawatt-hours from the net system power
mix for the previous calendar year according to the proportion of declared resources and net system power contained in
the electricity product.
(2) The disclosures required by this section shall identify
the percentage of the total electricity product sold by a retail
supplier during the previous calendar year from each of the
following categories:
(a) Coal generation;
(b) Hydroelectric generation;
(c) Natural gas generation;
(d) Nuclear generation; and
(e) Other generation, except that when a component of
the other generation category meets or exceeds two percent of
the total electricity product sold by a retail supplier during the
previous calendar year, the retail supplier shall identify the
component or components and display the fuel mix percentages for these component sources, which may include, but
are not limited to: (i) Biomass generation; (ii) geothermal
generation; (iii) landfill gas generation; (iv) oil generation;
(v) solar generation; (vi) waste incineration; or (vii) wind
generation. A retail supplier may voluntarily identify any
component or components within the other generation category that comprises two percent or less of annual sales.
(3) Retail suppliers may separately report a subcategory
of natural gas generation to identify high efficiency cogeneration.
(4) Except as provided in subsection (3) of this section, a
retail supplier cannot include in the disclosure label any environmental quality or environmental impact qualifier related
to any of the generation categories disclosed.
(5) For the portion of an electricity product purchased
from the Bonneville power administration, retail suppliers
may disclose the Bonneville power administration system
mix.
(6) A retail supplier may adjust its reported fuel mix for
known changes in its declared resources for the current year
based on any changes in its sources of electricity supply from
either generation or contracts. If a retail supplier changes its
fuel mix during a calendar year, it shall report those changes
to the electricity information coordinator.
(7) Disclosure of the fuel mix information required in
this section shall be made in the following uniform format: A
tabular format with two columns, where the first column shall
(2004 Ed.)
19.29A.080
alphabetically list each category and the second column shall
display the corresponding percentage of the total that each
category represents. The percentage shall be reported as a
numeric value rounded to the nearest one percent. The percentages listed for the categories identified must sum to one
hundred percent with the table displaying such a total. [2000
c 213 § 4.]
Finding—Intent—2000 c 213: See note following RCW 19.29A.050.
19.29A.070
19.29A.070 Actions required of department—Convene work group—Report to legislature. The department
shall:
(1) Convene a work group of interested parties to suggest
modifications, if any, to the disclosure requirements required
in RCW 19.29A.060 to improve information content, readability, and consumer understanding, and to suggest modifications, if any, to the responsibilities of the electricity information coordinator required in RCW 19.29A.080 to improve
the accuracy and efficiency of the tracking process. If the
department serves as the electricity information coordinator,
these evaluation and reporting requirements relative to the
responsibilities of the electricity information coordinator and
the tracking process shall be assigned to an independent third
party;
(2) Invite interested parties, including but not limited to
representatives from investor-owned utilities, consumerowned utilities, the commission, the attorney general's office,
consumer advocacy groups, and the environmental community to participate in the work group convened in subsection
(1) of this section; and
(3) Submit to the legislature no later than December 1,
2003, a report with suggested modifications, if any, to the
disclosure requirements and responsibilities of the electricity
information coordinator, as referred to in subsection (1) of
this section. [2000 c 213 § 5.]
Finding—Intent—2000 c 213: See note following RCW 19.29A.050.
19.29A.080
19.29A.080 Electricity information coordinator—
Selection—Regional entity serving as coordinator,
requirements—Retail supplier's information. (1) For the
purpose of selecting the electricity information coordinator,
the department shall form a work group of interested parties.
The department shall invite interested parties, including, but
not limited to, representatives from investor-owned utilities,
consumer-owned utilities, the commission, the attorney general's office, consumer advocacy groups, and the environmental community to participate in the work group. In the
event an appropriate regional entity is not selected by
November 1, 2000, the department shall serve as the electricity information coordinator after notifying the committees of
the senate and house of representatives with jurisdiction over
energy matters.
(2) The department may receive any lawful gifts, grants,
or endowments from public or private sources that are made
from time to time, in trust or otherwise, for the use and benefit of the department in implementing this section, and may
spend such gifts, grants, or endowments for the purposes of
implementing this section.
(3) As a condition for an appropriate regional entity to be
selected under this section to serve as the electricity informa[Title 19 RCW—page 67]
19.29A.090
Title 19 RCW: Business Regulations—Miscellaneous
tion coordinator, it must agree to compile the following information:
(a) Actual generation by fuel mix in the Northwest
power pool for the prior calendar year, expressed in megawatt hours. This data will be compiled as it becomes available.
(b) Adjustments to the actual generation for the prior calendar year that are known and provided to the electricity
information coordinator by the end of January of the current
calendar year to reflect known changes in declared resources
for the current year and changes due to interconnection of
new generating resources or decommissioning or sale of
existing resources or contracts. These adjustments shall
include supporting documentation.
(c) The amount of electricity from declared resources
that retail suppliers will identify in their fuel mix disclosures
during the current calendar year. Retail suppliers shall make
this data available by the end of January each year.
(4) Retail suppliers shall make available upon request the
following information to support the ownership or contractual rights to declared resources:
(a) Documentation of ownership of declared resources
by retail suppliers; or
(b) Documentation of contractual rights by retail suppliers to a stated quantity of electricity from a specific generating facility.
If the documentation referred to in either (a) or (b) of this
subsection is not available, the retail supplier may not identify the electricity source as a declared resource and instead
must report the net system power mix for the quantity of electric generation from that resource.
(5) If the documentation referred to in either subsection
(4)(a) or (b) of this section is not available, the retail supplier
may not identify the electricity source as a declared resource
and instead must report the net system power mix for the
quantity of electric generation from that resource.
(6) As a condition for an appropriate regional entity to be
selected under this section to serve as the electricity information coordinator, it must agree to:
(a) Coordinate with comparable entities or organizations
in the western interconnection;
(b) On or before May 1st of each year, or as soon thereafter as practicable once the data in subsection (3)(a) of this
section is available, calculate and make available the net system power mix as follows:
(i) The actual Northwest power pool generation for the
prior calendar year;
(ii) Plus any adjustments to the Northwest power pool
generation as made available to the electricity information
coordinator by the end of January of the current calendar year
pursuant to RCW 19.29A.060(6);
(iii) Less the quantity of electricity associated with
declared resources claimed by retail suppliers for the current
calendar year;
(iv) Plus other adjustments necessary to ensure that the
same resource output is not declared more than once;
(c) To the extent the information is available, verify that
the quantity of electricity associated with the declared
resources does not exceed the available generation from
those resources.
[Title 19 RCW—page 68]
(7) Subsections (3) and (6) of this section apply to the
department in the event the department assumes the functions
of the electricity information coordinator. [2000 c 213 § 6.]
Finding—Intent—2000 c 213: See note following RCW 19.29A.050.
19.29A.090
19.29A.090 Voluntary option to purchase qualified
alternative energy resources—Rates, terms, and conditions—Reports. (1) Beginning January 1, 2002, each electric utility must provide to its retail electricity customers a
voluntary option to purchase qualified alternative energy
resources in accordance with this section.
(2) Each electric utility must include with its retail electric customer's regular billing statements, at least quarterly, a
voluntary option to purchase qualified alternative energy
resources. The option may allow customers to purchase qualified alternative energy resources at fixed or variable rates
and for fixed or variable periods of time, including but not
limited to monthly, quarterly, or annual purchase agreements.
A utility may provide qualified alternative energy resource
options through either: (a) Resources it owns or contracts
for; or (b) the purchase of credits issued by a clearinghouse or
other system by which the utility may secure, for trade or
other consideration, verifiable evidence that a second party
has a qualified alternative energy resource and that the second party agrees to transfer such evidence exclusively to the
benefit of the utility.
(3) For the purposes of this section, a "qualified alternative energy resource" means the electricity produced from
generation facilities that are fueled by: (a) Wind; (b) solar
energy; (c) geothermal energy; (d) landfill gas; (e) wave or
tidal action; (f) gas produced during the treatment of wastewater; (g) qualified hydropower; or (h) biomass energy based
on animal waste or solid organic fuels from wood, forest, or
field residues, or dedicated energy crops that do not include
wood pieces that have been treated with chemical preservatives such as creosote, pentachlorophenol, or copper-chrome-arsenic.
(4) For the purposes of this section, "qualified hydropower" means the energy produced either: (a) As a result of
modernizations or upgrades made after June 1, 1998, to
hydropower facilities operating on May 8, 2001, that have
been demonstrated to reduce the mortality of anadromous
fish; or (b) by run of the river or run of the canal hydropower
facilities that are not responsible for obstructing the passage
of anadromous fish.
(5) The rates, terms, conditions, and customer notification of each utility's option or options offered in accordance
with this section must be approved by the governing body of
the consumer-owned utility or by the commission for investor-owned utilities. All costs and benefits associated with any
option offered by an electric utility under this section must be
allocated to the customers who voluntarily choose that option
and may not be shifted to any customers who have not chosen
such option. Utilities may pursue known, lawful aggregated
purchasing of qualified alternative energy resources with
other utilities to the extent aggregated purchasing can reduce
the unit cost of qualified alternative energy resources, and are
encouraged to investigate opportunities to aggregate the purchase of alternative energy resources by their customers.
Aggregated purchases by investor-owned utilities must com(2004 Ed.)
Farm Labor Contractors
ply with any applicable rules or policies adopted by the commission related to least-cost planning or the acquisition of
renewable resources.
(6) Each consumer-owned utility must report annually to
the department and each investor-owned utility must report
annually to the commission beginning October 1, 2002, until
October 1, 2012, describing the option or options it is offering its customers under the requirements of this section, the
rate of customer participation, the amount of qualified alternative energy resources purchased by customers, the amount
of utility investments in qualified alternative energy
resources, and the results of pursuing aggregated purchasing
opportunities. The department and the commission together
shall report annually to the legislature, beginning December
1, 2002, until December 1, 2012, with the results of the utility
reports. [2002 c 285 § 6; 2002 c 191 § 1; 2001 c 214 § 28.]
Reviser's note: This section was amended by 2002 c 191 § 1 and by
2002 c 285 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2001 c 214: See notes following RCW
80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
19.29A.900 Construction—1998 c 300. Nothing in
chapter 300, Laws of 1998 shall be construed as conferring
on any state agency jurisdiction, supervision, or control over
any consumer-owned utility. [1998 c 300 § 7.]
19.29A.900
19.29A.901 Severability—1998 c 300. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1998 c 300 § 11.]
19.29A.901
Chapter 19.30
Chapter 19.30 RCW
FARM LABOR CONTRACTORS
Sections
19.30.010
19.30.020
19.30.030
19.30.040
19.30.045
19.30.050
19.30.060
19.30.070
19.30.081
19.30.090
19.30.110
19.30.120
19.30.130
19.30.150
19.30.160
19.30.170
19.30.180
19.30.190
19.30.200
19.30.900
19.30.901
19.30.902
Definitions.
License required—Duplicates.
Applicants—Qualifications—Fee—Liability insurance.
Surety bond—Security.
Claim for wages—Action upon surety bond or security.
License—Grounds for denying.
License—Revocation, suspension, refusal to issue or renew.
License—Contents.
License—Duration—Renewal.
License—Application for renewal.
Farm labor contractor—Duties.
Farm labor contractor—Prohibited acts.
Rules—Adjustment of controversies.
Penalties.
Civil penalty—Hearing—Court action.
Civil actions—Damages, costs, attorney's fees—Actions upon
bond or security deposit.
Injunctions—Costs—Attorney fee.
Retaliation against employee prohibited.
Unlicensed farm labor contractors—Liability for services.
Severability—1955 c 392.
Severability—1985 c 280.
Effective date—1985 c 280.
19.30.010 Definitions. As used in this chapter:
(1) "Person" includes any individual, firm, partnership,
association, corporation, or unit or agency of state or local
government.
19.30.010
(2004 Ed.)
19.30.020
(2) "Farm labor contractor" means any person, or his or
her agent or subcontractor, who, for a fee, performs any farm
labor contracting activity.
(3) "Farm labor contracting activity" means recruiting,
soliciting, employing, supplying, transporting, or hiring agricultural employees.
(4) "Agricultural employer" means any person engaged
in agricultural activity, including the growing, producing, or
harvesting of farm or nursery products, or engaged in the forestation or reforestation of lands, which includes but is not
limited to the planting, transplanting, tubing, precommercial
thinning, and thinning of trees and seedlings, the clearing,
piling, and disposal of brush and slash, the harvest of Christmas trees, and other related activities.
(5) "Agricultural employee" means any person who renders personal services to, or under the direction of, an agricultural employer in connection with the employer's agricultural
activity.
(6) This chapter shall not apply to employees of the
employment security department acting in their official
capacity or their agents, nor to any common carrier or full
time regular employees thereof while transporting agricultural employees, nor to any person who performs any of the
services enumerated in subsection (3) of this section only
within the scope of his or her regular employment for one
agricultural employer on whose behalf he or she is so acting,
unless he or she is receiving a commission or fee, which commission or fee is determined by the number of workers
recruited, or to a nonprofit corporation or organization which
performs the same functions for its members. Such nonprofit
corporation or organization shall be one in which:
(a) None of its directors, officers, or employees are
deriving any profit beyond a reasonable salary for services
performed in its behalf.
(b) Membership dues and fees are used solely for the
maintenance of the association or corporation.
(7) "Fee" means:
(a) Any money or other valuable consideration paid or
promised to be paid for services rendered or to be rendered by
a farm labor contractor.
(b) Any valuable consideration received or to be
received by a farm labor contractor for or in connection with
any of the services described in subsection (3) of this section,
and shall include the difference between any amount received
or to be received by him, and the amount paid out by him for
or in connection with the rendering of such services.
(8) "Director" as used in this chapter means the director
of the department of labor and industries of the state of Washington. [1985 c 280 § 1; 1955 c 392 § 1.]
19.30.020
19.30.020 License required—Duplicates. No person
shall act as a farm labor contractor until a license to do so has
been issued to him or her by the director, and unless such
license is in full force and effect and is in the contractor's possession. The director shall, by regulation, provide a means of
issuing duplicate licenses in case of loss of the original
license or any other appropriate instances. The director shall
issue, on a monthly basis, a list of currently licensed farm
labor contractors. [1985 c 280 § 2; 1955 c 392 § 2.]
[Title 19 RCW—page 69]
19.30.030
Title 19 RCW: Business Regulations—Miscellaneous
19.30.030
19.30.030 Applicants—Qualifications—Fee—Liability insurance. The director shall not issue to any person a
license to act as a farm labor contractor until:
(1) Such person has executed a written application on a
form prescribed by the director, subscribed and sworn to by
the applicant, and containing (a) a statement by the applicant
of all facts required by the director concerning the applicant's
character, competency, responsibility, and the manner and
method by which he or she proposes to conduct operations as
a farm labor contractor if such license is issued, and (b) the
names and addresses of all persons financially interested,
either as partners, stockholders, associates, profit sharers, or
providers of board or lodging to agricultural employees in the
proposed operation as a labor contractor, together with the
amount of their respective interests;
(2) The director, after investigation, is satisfied as to the
character, competency, and responsibility of the applicant;
(3) The applicant has paid to the director a license fee of:
(1) Thirty-five dollars in the case of a farm labor contractor
not engaged in forestation or reforestation, or (2) one hundred
dollars in the case of a farm labor contractor engaged in forestation or reforestation or such other sum as the director
finds necessary, and adopts by rule, for the administrative
costs of evaluating applications;
(4) The applicant has filed proof satisfactory to the director of the existence of a policy of insurance with any insurance carrier authorized to do business in the state of Washington in an amount satisfactory to the director, which insures
the contractor against liability for damage to persons or property arising out of the contractor's operation of, or ownership
of, any vehicle or vehicles for the transportation of individuals in connection with the contractor's business, activities, or
operations as a farm labor contractor;
(5) The applicant has filed a surety bond or other security
which meets the requirements set forth in RCW 19.30.040;
(6) The applicant executes a written statement which
shall be subscribed and sworn to and shall contain the following declaration:
"With regards to any action filed against me concerning
my activities as a farm labor contractor, I appoint the director
of the Washington department of labor and industries as my
lawful agent to accept service of summons when I am not
present in the jurisdiction in which the action is commenced
or have in any other way become unavailable to accept service"; and
(7) The applicant has stated on his or her application
whether or not his or her contractor's license or the license of
any of his or her agents, partners, associates, stockholders, or
profit sharers has ever been suspended, revoked, or denied by
any state or federal agency, and whether or not there are any
outstanding judgments against him or her or any of his or her
agents, partners, associates, stockholders, or profit sharers in
any state or federal court arising out of activities as a farm
labor contractor. [1985 c 280 § 3; 1955 c 392 § 3.]
five thousand dollars. The bond shall be payable to the state
of Washington and be conditioned on payment of sums
legally owing under contract to an agricultural employee. The
aggregate liability of the surety upon such bond for all claims
which may arise thereunder shall not exceed the face amount
of the bond.
(2) The amount of the bond may be raised or additional
security required by the director, upon his or her own motion
or upon petition to the director by any person, when it is
shown that the security or bond is insufficient to satisfy the
contractor's potential liability for the licensed period.
(3) No surety insurer may provide any bond, undertaking, recognizance, or other obligation for the purpose of
securing or guaranteeing any act, duty, or obligation, or the
refraining from any act with respect to a contract using the
services of a farm labor contractor unless the farm labor contractor has made application for or has a valid license issued
under RCW 19.30.030 at the time of issuance of the bond,
undertaking, recognizance, or other obligation.
(4) Surety bonds may not be canceled or terminated during the period in which the bond is executed unless thirty
days' notice is provided by the surety to the department. The
bond is written for a one-year term and may be renewed or
extended by continuation certification at the option of the
surety.
(5) In lieu of the surety bond required by this section, the
contractor may file with the director a deposit consisting of
cash or other security acceptable to the director. The deposit
shall not be less than five thousand dollars in value. The security deposited with the director in lieu of the surety bond shall
be returned to the contractor at the expiration of three years
after the farm labor contractor's license has expired or been
revoked if no legal action has been instituted against the contractor or on the security deposit at the expiration of the three
years.
(6) If a contractor has deposited a bond with the director
and has failed to comply with the conditions of the bond as
provided by this section, and has departed from this state, service may be made upon the surety as prescribed in RCW
4.28.090. [1987 c 216 § 1; 1986 c 197 § 15; 1985 c 280 § 4;
1955 c 392 § 4.]
19.30.045
19.30.045 Claim for wages—Action upon surety
bond or security. (1) Any person, having a claim for wages
pursuant to this chapter may bring suit upon the surety bond
or security deposit filed by the contractor pursuant to RCW
19.30.040, in any court of competent jurisdiction of the
county in which the claim arose, or in which either the claimant or contractor resides.
(2) The right of action is assignable in the name of the
director or any other person. [1987 c 216 § 2; 1986 c 197 §
19.]
19.30.040
19.30.040 Surety bond—Security. (1) The director
shall require the deposit of a surety bond by any person acting
as a farm labor contractor under this chapter to insure compliance with the provisions of this chapter. Such bond shall be in
an amount specified by the director in accordance with such
criteria as the director adopts by rule but shall not be less than
[Title 19 RCW—page 70]
19.30.050
19.30.050 License—Grounds for denying. A license
to operate as a farm labor contractor shall be denied:
(1) To any person who sells or proposes to sell intoxicating liquors in a building or on premises where he or she operates or proposes to operate as a farm labor contractor, or
(2004 Ed.)
Farm Labor Contractors
(2) To a person whose license has been revoked within
three years from the date of application. [1985 c 280 § 5;
1955 c 392 § 5.]
19.30.060
19.30.060 License—Revocation, suspension, refusal
to issue or renew. Any person may protest the grant or
renewal of a license under this section. The director may
revoke, suspend, or refuse to issue or renew any license when
it is shown that:
(1) The farm labor contractor or any agent of the contractor has violated or failed to comply with any of the provisions
of this chapter;
(2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a
license;
(3) The conditions under which the license was issued
have changed or no longer exist;
(4) The farm labor contractor, or any agent of the contractor, has violated or wilfully aided or abetted any person in
the violation of, or failed to comply with, any law of the state
of Washington regulating employment in agriculture, the
payment of wages to farm employees, or the conditions,
terms, or places of employment affecting the health and
safety of farm employees, which is applicable to the business
activities, or operations of the contractor in his or her capacity as a farm labor contractor;
(5) The farm labor contractor or any agent of the contractor has in recruiting farm labor solicited or induced the violation of any then existing contract of employment of such
laborers; or
(6) The farm labor contractor or any agent of the contractor has an unsatisfied judgment against him or her in any state
or federal court, arising out of his or her farm labor contracting activities.
The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 846; 1985 c 280 § 6; 1955 c 392 § 6.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.30.070
19.30.070 License—Contents. Each license shall contain, on the face thereof:
(2004 Ed.)
19.30.110
(1) The name and address of the licensee and the fact that
he or she is licensed to act as a farm labor contractor for the
period upon the face of the license only;
(2) The number, date of issuance, and date of expiration
of the license;
(3) The amount of the surety bond deposited by the licensee;
(4) The fact that the license may not be transferred or
assigned; and
(5) A statement that the licensee is or is not licensed to
transport workers. [1985 c 280 § 7; 1955 c 392 § 7.]
19.30.081
19.30.081 License—Duration—Renewal. Farm labor
contractors may hold either a one-year license or a two-year
license, at the director's discretion.
The one-year license shall run to and include the 31st
day of December next following the date thereof unless
sooner revoked by the director. A license may be renewed
each year upon the payment of the annual license fee, but the
director shall require that evidence of a renewed bond be submitted and that the contractor have a bond in full force and
effect.
The two-year license shall run to and include the 31st
day of December of the year following the year of issuance
unless sooner revoked by the director. This license may be
renewed every two years under the same terms as the oneyear license, except that a farm labor contractor possessing a
two-year license shall have evidence of a bond in full force
and effect, and file an application on which he or she shall
disclose all information required by RCW 19.30.030 (1)(b),
(4), and (7). [1987 c 216 § 3; 1986 c 197 § 16; 1985 c 280 §
8.]
19.30.090
19.30.090 License—Application for renewal. All
applications for renewal shall state the names and addresses
of all persons financially interested either as partners, associates or profit sharers in the operation as a farm labor contractor. [1955 c 392 § 9.]
19.30.110
19.30.110 Farm labor contractor—Duties. Every person acting as a farm labor contractor shall:
(1) Carry a current farm labor contractor's license at all
times and exhibit it to all persons with whom the contractor
intends to deal in the capacity of a farm labor contractor prior
to so dealing.
(2) Disclose to every person with whom he or she deals
in the capacity of a farm labor contractor the amount of his or
her bond and the existence and amount of any claims against
the bond.
(3) File at the United States post office serving the
address of the contractor, as noted on the face of the farm
labor contractor's license, a correct change of address immediately upon each occasion the contractor permanently moves
his or her address, and notify the director within ten days after
an address change is made.
(4) Promptly when due, pay or distribute to the individuals entitled thereto all moneys or other things of value
entrusted to the contractor by any third person for such purpose.
[Title 19 RCW—page 71]
19.30.120
Title 19 RCW: Business Regulations—Miscellaneous
(5) Comply with the terms and provisions of all legal and
valid agreements and contracts entered into between the contractor in the capacity of a farm labor contractor and third
persons.
(6) File information regarding work offers with the nearest employment service office, such information to include
wages and work to be performed and any other information
prescribed by the director.
(7) On a form prescribed by the director, furnish to each
worker, at the time of hiring, recruiting, soliciting, or supplying, whichever occurs first, a written statement in English
and any other language common to workers who are not fluent or literate in English that contains a description of:
(a) The compensation to be paid and the method of computing the rate of compensation;
(b) The terms and conditions of any bonus offered,
including the manner of determining when the bonus is
earned;
(c) The terms and conditions of any loan made to the
worker;
(d) The conditions of any transportation, housing, board,
health, and day care services or any other employee benefit to
be provided by the farm labor contractor or by his or her
agents, and the costs to be charged for each of them;
(e) The terms and conditions of employment, including
the approximate length of season or period of employment
and the approximate starting and ending dates thereof, and
the crops on which and kinds of activities in which the
worker may be employed;
(f) The terms and conditions under which the worker is
furnished clothing or equipment;
(g) The place of employment;
(h) The name and address of the owner of all operations,
or the owner's agent, where the worker will be working as a
result of being recruited, solicited, supplied, or employed by
the farm labor contractor;
(i) The existence of a labor dispute at the worksite;
(j) The name and address of the farm labor contractor;
(k) The existence of any arrangements with any owner or
agent of any establishment at the place of employment under
which the farm labor contractor is to receive a fee or any
other benefit resulting from any sales by such establishment
to the workers; and
(l) The name and address of the surety on the contractor's
bond and the workers' right to claim against the bond.
(8) Furnish to the worker each time the worker receives
a compensation payment from the farm labor contractor, a
written statement itemizing the total payment and the amount
and purpose of each deduction therefrom, hours worked, rate
of pay, and pieces done if the work is done on a piece rate
basis, and if the work is done under the Service Contract Act
(41 U.S.C. Secs. 351 through 401) or related federal or state
law, a written statement of any applicable prevailing wage.
(9) With respect to each worker recruited, solicited,
employed, supplied, or hired by the farm labor contractor:
(a) Make, keep, and preserve for three years a record of
the following information:
(i) The basis on which wages are paid;
(ii) The number of piecework units earned, if paid on a
piecework basis;
(iii) The number of hours worked;
[Title 19 RCW—page 72]
(iv) The total pay period earnings;
(v) The specific sums withheld and the purpose of each
sum withheld; and
(vi) The net pay; and
(b) Provide to any other farm labor contractor and to any
user of farm labor for whom he or she recruits, solicits, supplies, hires, or employs workers copies of all records, with
respect to each such worker, which the contractor is required
by this chapter to make, keep, and preserve. The recipient of
such records shall keep them for a period of three years from
the end of the period of employment. When necessary to
administer this chapter, the director may require that any
farm labor contractor provide the director with certified copies of his or her payroll records for any payment period.
The record-keeping requirements of this chapter shall be
met if either the farm labor contractor or any user of the contractor's services makes, keeps, and preserves for the requisite time period the records required under this section, and
so long as each worker receives the written statements specified in subsection (8) of this section. [1985 c 280 § 9; 1955 c
392 § 11.]
19.30.120
19.30.120 Farm labor contractor—Prohibited acts.
No person acting as a farm labor contractor shall:
(1) Make any misrepresentation or false statement in an
application for a license.
(2) Make or cause to be made, to any person, any false,
fraudulent, or misleading representation, or publish or circulate or cause to be published or circulated any false, fraudulent, or misleading information concerning the terms or conditions or existence of employment at any place or places, or
by any person or persons, or of any individual or individuals.
(3) Send or transport any worker to any place where the
farm labor contractor knows a strike or lockout exists.
(4) Do any act in the capacity of a farm labor contractor,
or cause any act to be done, which constitutes a crime involving moral turpitude under any law of the state of Washington.
[1985 c 280 § 10; 1955 c 392 § 12.]
19.30.130
19.30.130 Rules—Adjustment of controversies. (1)
The director shall adopt rules not inconsistent with this chapter for the purpose of enforcing and administering this chapter.
(2) The director shall investigate and attempt to adjust
equitably controversies between farm labor contractors and
their workers with respect to claims arising under this chapter. [1985 c 280 § 11; 1955 c 392 § 14.]
19.30.150
19.30.150 Penalties. Any person who violates any provisions of this chapter, or who causes or induces another to
violate any provisions of this chapter, shall be guilty of a misdemeanor punishable by a fine of not more than five thousand
dollars, or imprisonment in the county jail for not more than
six months, or both. [1955 c 392 § 13.]
19.30.160
19.30.160 Civil penalty—Hearing—Court action. (1)
In addition to any criminal penalty imposed under RCW
19.30.150, the director may assess against any person who
violates this chapter, or any rule adopted under this chapter, a
(2004 Ed.)
Farm Labor Contractors
civil penalty of not more than one thousand dollars for each
violation.
(2) The person shall be afforded the opportunity for a
hearing, upon request to the director made within thirty days
after the date of issuance of the notice of assessment. The
hearing shall be conducted in accordance with chapter 34.05
RCW.
(3) If any person fails to pay an assessment after it has
become a final and unappealable order, or after the court has
entered final judgment in favor of the agency, the director
shall refer the matter to the state attorney general, who shall
recover the amount assessed by action in the appropriate
superior court. In such action, the validity and appropriateness of the final order imposing the penalty shall not be subject to review.
(4) Without regard to other remedies provided in this
chapter, the department may bring suit upon the surety bond
filed by the farm labor contractor on behalf of a worker
whose rights under this chapter have been violated by the
contractor. The action may be commenced in any court of
competent jurisdiction. In any such action, there shall be
compliance with the notice and service requirements set forth
in RCW 19.30.170. [1987 c 216 § 4; 1986 c 197 § 17; 1985
c 280 § 15.]
19.30.170
19.30.170 Civil actions—Damages, costs, attorney's
fees—Actions upon bond or security deposit. (1) After filing a notice of a claim with the director, in addition to any
other penalty provided by law, any person aggrieved by a
violation of this chapter or any rule adopted under this chapter may bring suit in any court of competent jurisdiction of
the county in which the claim arose, or in which either the
plaintiff or respondent resides, without regard to the amount
in controversy and without regard to exhaustion of any alternative administrative remedies provided in this chapter. No
such action may be commenced later than three years after
the date of the violation giving rise to the right of action. In
any such action the court may award to the prevailing party,
in addition to costs and disbursements, reasonable attorney
fees at trial and appeal.
(2) In any action under subsection (1) of this section, if
the court finds that the respondent has violated this chapter or
any rule adopted under this chapter, it may award damages up
to and including an amount equal to the amount of actual
damages, or statutory damages of five hundred dollars per
plaintiff per violation, whichever is greater, or other equitable
relief.
(3) Without regard to other remedies provided in this
chapter, a person having a claim against the farm labor contractor for any violation of this chapter may bring suit against
the farm labor contractor and the surety bond or security
deposit filed by the contractor pursuant to RCW 19.30.040, in
any court of competent jurisdiction of the county in which the
claim arose, or in which either the claimant or contractor
resides.
(4) An action upon the bond or security deposit shall be
commenced by serving and filing the summons and complaint within three years from the date of expiration or cancellation of the bond or expiration or cancellation of the
license, whichever is sooner, or in the case of a security
(2004 Ed.)
19.30.190
deposit, within three years of the date of expiration or revocation of the license.
(5) A copy of the summons and complaint in any such
action shall be served upon the director at the time of commencement of the action and the director shall maintain a
record, available for public inspection, of all suits so commenced. Such service shall constitute service on the farm
labor contractor and the surety for suit upon the bond and the
director shall transmit the complaint or a copy thereof to the
contractor at the address listed in his or her application and to
the surety within forty-eight hours after it has been received.
(6) The surety upon the bond may, upon notice to the
director and the parties, tender to the clerk of the court having
jurisdiction of the action an amount equal to the claims or the
amount of the bond less the amount of judgments, if any, previously satisfied therefrom and to the extent of such tender
the surety upon the bond shall be exonerated.
(7) If the actions commenced and pending at any one
time exceed the amount of the bond then unimpaired, the
claims shall be satisfied from the bond in the following order:
(a) Wages, including employee benefits;
(b) Other contractual damage owed to the employee;
(c) Any costs and attorneys' fees the claimant may be
entitled to recover by contract or statute.
(8) If any final judgment impairs the bond so furnished
so that there is not in effect a bond undertaking in the full
amount prescribed by the director, the director shall suspend
the license of the contractor until the bond liability in the
required amount unimpaired by unsatisfied judgment claims
has been furnished. If such bond becomes fully impaired, a
new bond must be furnished.
(9) A claimant against a security deposit shall be entitled
to damages under subsection (2) of this section. If the farm
labor contractor has filed other security with the director in
lieu of a surety bond, any person having an unsatisfied final
judgment against the contractor for any violation of this
chapter may execute upon the security deposit held by the
director by serving a certified copy of the unsatisfied final
judgment by registered or certified mail upon the director.
Upon the receipt of service of such certified copy, the director shall pay or order paid from the deposit, through the registry of the court which rendered judgment, towards the
amount of the unsatisfied judgment. The priority of payment
by the director shall be the order of receipt by the director, but
the director shall have no liability for payment in excess of
the amount of the deposit. [1987 c 216 § 5; 1986 c 197 § 18;
1985 c 280 § 16.]
19.30.180
19.30.180 Injunctions—Costs—Attorney fee. The
director or any other person may bring suit in any court of
competent jurisdiction to enjoin any person from using the
services of an unlicensed farm labor contractor or to enjoin
any person acting as a farm labor contractor in violation of
this chapter, or any rule adopted under this chapter, from
committing future violations. The court may award to the
prevailing party costs and disbursements and a reasonable
attorney fee. [1985 c 280 § 12.]
19.30.190
19.30.190 Retaliation against employee prohibited.
No farm labor contractor or agricultural employer may dis[Title 19 RCW—page 73]
19.30.200
Title 19 RCW: Business Regulations—Miscellaneous
charge or in any other manner discriminate against any
employee because:
(1) The employee has made a claim against the farm
labor contractor or agricultural employer for compensation
for the employee's personal services.
(2) The employee has caused to be instituted any proceedings under or related to RCW 19.30.180.
(3) The employee has testified or is about to testify in
any such proceedings.
(4) The employee has discussed or consulted with anyone concerning the employee's rights under this chapter.
[1985 c 280 § 13.]
19.30.200 Unlicensed farm labor contractors—Liability for services. Any person who knowingly uses the services of an unlicensed farm labor contractor shall be personally, jointly, and severally liable with the person acting as a
farm labor contractor to the same extent and in the same manner as provided in this chapter. In making determinations
under this section, any user may rely upon either the license
issued by the director to the farm labor contractor under
RCW 19.30.030 or the director's representation that such
contractor is licensed as required by this chapter. [2000 c 171
§ 48; 1985 c 280 § 14.]
19.30.200
19.30.900 Severability—1955 c 392. If any section,
sentence, clause or word of this chapter shall be held unconstitutional, the invalidity of such section, sentence, clause or
word shall not affect the validity of any other portion of this
chapter, it being the intent of this legislative assembly to
enact the remainder of this chapter notwithstanding such part
so declared unconstitutional should or may be so declared.
[1955 c 392 § 17.]
19.30.900
19.30.901 Severability—1985 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1985 c 280 § 18.]
19.30.901
19.30.902 Effective date—1985 c 280. This 1985 act
shall take effect January 1, 1986. [1985 c 280 § 19.]
19.30.902
Chapter 19.31
Chapter 19.31 RCW
EMPLOYMENT AGENCIES
Sections
19.31.010
19.31.020
19.31.030
19.31.040
19.31.050
19.31.060
19.31.070
19.31.080
19.31.090
19.31.100
19.31.110
19.31.120
19.31.130
19.31.140
Short title.
Definitions.
Records.
Contract between agency and applicant—Contents—Notice.
Approval of contract, fee schedule.
Request from employer for interview required—Information
to be furnished applicant.
Administration of chapter—Rules—Investigations—Inspections.
License required—Penalty.
Bond—Cash deposit—Action on bond or deposit—Procedure—Judgment.
Application—Contents—Filing—Qualifications of applicants
and licensees—Waiver—Exceptions.
Expiration date of license—Reinstatement.
Transfer of license.
License sanction—Grounds—Support order, noncompliance.
Fees for licensees.
[Title 19 RCW—page 74]
19.31.150
19.31.160
19.31.170
19.31.180
19.31.190
19.31.210
19.31.220
19.31.230
19.31.240
19.31.245
19.31.250
19.31.260
19.31.270
19.31.900
19.31.910
Employment condition precedent to charging fee—Exceptions.
Charging fee or payment contrary to chapter—Return of
excess.
Limitations on fee amounts—Refunds—Exceptions.
Posting of fee limitation and remedy provisions.
Rules of conduct—Complaints.
Enforcement.
Assurance of discontinuance of violation.
Civil penalty.
Service of process outside state.
Registration or licensing prerequisite to suit by employment
agency—Action against unregistered or unlicensed employment agency.
Chapter provisions exclusive—Authority of political subdivisions not affected.
Administrative procedure act to govern administration.
Uniform regulation of business and professions act.
Severability—1969 ex.s. c 228.
Effective date—1969 ex.s. c 228.
19.31.010
19.31.010 Short title. This chapter shall be known and
cited as "The Employment Agency Act". [1969 ex.s. c 228 §
1.]
19.31.020
19.31.020 Definitions. Unless a different meaning is
clearly required by the context, the following words and
phrases, as hereinafter used in this chapter, shall have the following meanings:
(1) "Employment agency" is synonymous with "agency"
and shall mean any business in which any part of the business
gross or net income is derived from a fee received from applicants, and in which any of the following activities are
engaged in:
(a) The offering, promising, procuring, or attempting to
procure employment for applicants;
(b) The giving of information regarding where and from
whom employment may be obtained; or
(c) The sale of a list of jobs or a list of names of persons
or companies accepting applications for specific positions, in
any form.
In addition the term "employment agency" shall mean
and include any person, bureau, employment listing service,
employment directory, organization, or school which for
profit, by advertisement or otherwise, offers, as one of its
main objects or purposes, to procure employment for any person who pays for its services, or which collects tuition, or
charges for service of any nature, where the main object of
the person paying the same is to secure employment. It also
includes any business that provides a resume to an individual
and provides that person with a list of names to whom the
resume may be sent or provides that person with preaddressed envelopes to be mailed by the individual or by the
business itself, if the list of names or the preaddressed envelopes have been compiled and are represented by the business
as having job openings. The term "employment agency" shall
not include labor union organizations, temporary service contractors, proprietary schools operating within the scope of
activities for which the school is licensed under chapter
28C.10 RCW, nonprofit schools and colleges, career guidance and counseling services, employment directories that
are sold in a manner that allows the applicant to examine the
directory before purchase, theatrical agencies, farm labor
contractors, or the Washington state employment agency.
(2) "Temporary service contractors" shall mean any person, firm, association, or corporation conducting a business
(2004 Ed.)
Employment Agencies
which consists of employing individuals directly for the purpose of furnishing such individuals on a part time or temporary help basis to others.
(3) "Theatrical agency" means any person who, for a fee
or commission, procures on behalf of an individual or individuals, employment or engagements for circus, vaudeville,
the variety field, the legitimate theater, motion pictures,
radio, television, phonograph recordings, transcriptions,
opera, concert, ballet, modeling, or other entertainments,
exhibitions, or performances. The term "theatrical agency"
does not include any person charging an applicant a fee prior
to or in advance of:
(a) Procuring employment for the applicant;
(b) Giving or providing the applicant information
regarding where or from whom employment may be
obtained;
(c) Allowing or requiring the applicant to participate in
any instructional class, audition, or career guidance or counseling; or
(d) Allowing the applicant to be eligible for employment
through the person.
(4) "Farm labor contractor" means any person, or his
agent, who, for a fee, employs workers to render personal services in connection with the production of any farm products,
to, for, or under the direction of an employer engaged in the
growing, producing, or harvesting of farm products, or who
recruits, solicits, supplies, or hires workers on behalf of an
employer engaged in the growing, producing, or harvesting
of farm products or who provides in connection with recruiting, soliciting, supplying, or hiring workers engaged in the
growing, producing, or harvesting of farm products, one or
more of the following services: Furnishes board, lodging, or
transportation for such workers, supervises, times, checks,
counts, sizes, or otherwise directs or measures their work; or
disburses wage payments to such persons.
(5) "Employer" means any person, firm, corporation,
partnership, or association employing or seeking to enter into
an arrangement to employ a person through the medium or
service of an employment agency.
(6) "Applicant", except when used to describe an applicant for an employment agency license, means any person,
whether employed or unemployed, seeking or entering into
any arrangement for his employment or change of his
employment through the medium or service of an employment agency.
(7) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an
agent or employee of any of the foregoing.
(8) "Director" shall mean the director of licensing.
(9) "Resume" means a document of the applicant's
employment history that is approved, received, and paid for
by the applicant.
(10) "Fee" means anything of value. The term includes
money or other valuable consideration or services or the
promise of money or other valuable consideration or services,
received directly or indirectly by an employment agency
from a person seeking employment, in payment for the service.
(11) "Employment listing service" means any business
operated by any person that provides in any form, including
(2004 Ed.)
19.31.030
written or verbal, lists of specified positions of employment
available with any employer other than itself or that holds
itself out to applicants as able to provide information about
specific positions of employment available with any
employer other than itself, and that charges a fee to the applicant for its services and does not set up interviews or otherwise intercede between employer and applicant.
(12) "Employment directory" means any business operated by any person that provides in any form, including written or verbal, lists of employers, does not provide lists of
specified positions of employment, that holds itself out to
applicants as able to provide information on employment in
specific industries or geographical areas, and that charges a
fee to the applicant for its services.
(13) "Career guidance and counseling service" means
any person, firm, association, or corporation conducting a
business that engages in any of the following activities:
(a) Career assessment, planning, or testing through individual counseling or group seminars, classes, or workshops;
(b) Skills analysis, resume writing, and preparation
through individual counseling or group seminars, classes, or
workshops;
(c) Training in job search or interviewing skills through
individual counseling or group seminars, classes, or workshops: PROVIDED, That the career guidance and counseling
service does not engage in any of the following activities:
(i) Contacts employers on behalf of an applicant or in
any way intercedes between employer and applicant;
(ii) Provides information on specific job openings;
(iii) Holds itself out as able to provide referrals to specific companies or individuals who have specific job openings. [1998 c 228 § 1; 1993 c 499 § 1; 1990 c 70 § 1; 1979 c
158 § 82; 1977 ex.s. c 51 § 1; 1969 ex.s. c 228 § 2.]
19.31.030 Records. Each employment agency shall
keep records of all services rendered employers and applicants. These records shall contain the name and address of
the employer by whom the services were solicited; the name
and address of the applicant; kind of position ordered by the
employer; dates job orders or job listings are obtained; subsequent dates job orders or job listings are verified as still being
current; kind of position accepted by the applicant; probable
duration of the employment, if known; rate of wage or salary
to be paid the applicant; amount of the employment agency's
fee; dates and amounts of refund if any, and reason for such
refund; and the contract agreed to between the agency and
applicant. An employment listing service need not keep
records pertaining to the kind of position accepted by applicant and probable duration of employment.
An employment directory shall keep records of all services rendered to applicants. These records shall contain:
The name and address of the applicant; amount of the
employment directory's fee; dates and amounts of refund if
any, and reason for the refund; the contract agreed to between
the employment directory and applicant; and the dates of
contact with employers made pursuant to RCW
19.31.190(11).
The director shall have authority to demand and to examine, at the employment agency's regular place of business, all
books, documents, and records in its possession for inspection. Unless otherwise provided by rules or regulation
19.31.030
[Title 19 RCW—page 75]
19.31.040
Title 19 RCW: Business Regulations—Miscellaneous
adopted by the director, such records shall be maintained for
a period of three years from the date in which they are made.
[1993 c 499 § 2; 1969 ex.s. c 228 § 3.]
19.31.040 Contract between agency and applicant—
Contents—Notice. An employment agency shall provide
each applicant with a copy of the contract between the applicant and employment agency which shall have printed on it
or attached to it a copy of RCW 19.31.170 as now or hereafter
amended. Such contract shall contain the following:
(1) The name, address, and telephone number of the
employment agency;
(2) Trade name if any;
(3) The date of the contract;
(4) The name of the applicant;
(5) The amount of the fee to be charged the applicant, or
the method of computation of the fee, and the time and
method of payments: PROVIDED, HOWEVER, That if the
provisions of the contract come within the definition of a
"retail installment transaction", as defined in RCW
63.14.010, the contract shall conform to the requirements of
chapter 63.14 RCW, as now or hereafter amended;
(6) A notice in eight-point bold face type or larger
directly above the space reserved in the contract for the signature of the buyer. The caption, "NOTICE TO APPLICANT—READ BEFORE SIGNING" shall precede the body
of the notice and shall be in ten-point bold face type or larger.
The notice shall read as follows:
"This is a contract. If you accept employment with any
employer through [name of employment agency] you will be
liable for the payment of the fee as set out above. Do not sign
this contract before you read it or if any spaces intended for
the agreed terms are left blank. You must be given a copy of
this contract at the time you sign it."
The notice for an employment listing service shall read
as follows:
"This is a contract. You understand [the employment
listing service] provides information on bona fide job listings
but does not guarantee you will be offered a job. You also
understand you are liable for the payment of the fee when you
receive the list or referral. Do not sign this contract before
you read it or if any spaces intended for the agreed terms are
left blank. You must be given a copy of this contract at the
time you sign it."
The notice for an employment directory shall read as follows if the directory is sold in person:
"This is a contract. You understand [the employment
directory] provides information on possible employers along
with general employment, industry, and geographical information to assist you, but does not list actual job openings or
guarantee you will obtain employment through its services.
You also understand you are liable for the payment of the fee
when you receive the directory. Do not sign this contract
before you read it or if any spaces intended for the agreed
terms are left blank. You must be given a copy of this contract at the time you sign it."
A verbal notice for an employment directory shall be as
follows before accepting a fee if the directory is sold over the
telephone:
"You understand [the employment directory] provides
information on possible employers along with general
19.31.040
[Title 19 RCW—page 76]
employment, industry, and geographical information to assist
you, but does not list actual job openings or guarantee you
will obtain employment through its services. You also understand you are liable for the payment of the fee when you order
the directory."
A copy of the contract must be sent to all applicants
ordering by telephone and must specify the following information:
(a) Name, address, and phone number of employment
directory;
(b) Name, address, and phone number of applicant;
(c) Date of order;
(d) Date verbal notice was read to applicant along with a
printed statement to read as follows:
"On [date verbal notice was read] and prior to placing
this order the following statement was read to you: "You
understand [the employment directory] provides information
on possible employers along with general employment,
industry, and geographical information to assist you, but does
not list actual job openings or guarantee you will be offered a
job. You also understand you are liable for the payment of the
fee when you order the directory."; and
(e) Signature of employment directory representative.
[1993 c 499 § 3; 1985 c 7 § 83; 1977 ex.s. c 51 § 2; 1969 ex.s.
c 228 § 4.]
19.31.050
19.31.050 Approval of contract, fee schedule. Prior to
using any contract or fee schedule in the transaction of its
business with applicants, each employment agency shall
obtain the director's approval for the use of such contract or
fee schedule. [1969 ex.s. c 228 § 5.]
19.31.060
19.31.060 Request from employer for interview
required—Information to be furnished applicant. No
employment agency shall send any applicant on an interview
with a prospective employer without having first obtained,
either orally or in writing, a bona fide request from such
employer for the interview: PROVIDED, HOWEVER, That,
it shall be the duty of every employment agency to give to
each applicant for employment, orally or in writing, before
being sent on an interview, information as to the name and
address of the person to whom the applicant is to apply for
such employment, the kind of service to be performed, the
anticipated rate of wages or compensation, the agency's fee
based on such anticipated wages or compensation, whether
such employment is permanent or temporary, and the name
and address of the natural person authorizing the interviewing of such applicant. [1977 ex.s. c 51 § 3; 1969 ex.s. c 228
§ 6.]
19.31.070
19.31.070 Administration of chapter—Rules—Investigations—Inspections. (1) The director shall administer the
provisions of this chapter and shall issue from time to time
reasonable rules and regulations for enforcing and carrying
out the provisions and purposes of this chapter.
(2) The director shall have supervisory and investigative
authority over all employment agencies. Upon receiving a
complaint against any employment agency, the director shall
have the right to examine all books, documents, or records in
its possession. In addition, the director may examine the
(2004 Ed.)
Employment Agencies
office or offices where business is or shall be conducted by
such agency. [2002 c 86 § 269; 1969 ex.s. c 228 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.31.080 License required—Penalty. It shall be a
misdemeanor for any person to conduct an employment
agency business in this state unless he has an employment
agency license issued pursuant to the provisions of this chapter. [1969 ex.s. c 228 § 8.]
19.31.100
(4) In the event of a final judgment being entered against
the deposit or security referred to in subsection (2) of this section, the director shall, upon receipt of a certified copy of the
final judgment, order said judgment to be paid from the
amount of the deposit or security. [1977 ex.s. c 51 § 4; 1969
ex.s. c 228 § 9.]
19.31.080
19.31.090 Bond—Cash deposit—Action on bond or
deposit—Procedure—Judgment. (1) Before conducting
any business as an employment agency each licensee shall
file with the director a surety bond in the sum of two thousand
dollars running to the state of Washington, for the benefit of
any person injured or damaged as a result of any violation by
the licensee or his agent of any of the provisions of this chapter or of any rule or regulation adopted by the director pursuant to RCW 19.31.070(1).
(2) In lieu of the surety bond required by this section the
license applicant may file with the director a cash deposit or
other negotiable security acceptable to the director: PROVIDED, HOWEVER, If the license applicant has filed a cash
deposit, the director shall deposit such funds with the state
treasurer. If the license applicant has deposited cash or other
negotiable security with the director, the same shall be
returned to the licensee at the expiration of one year after the
employment agency's license has expired or been revoked, if
no legal action has been instituted against the licensee or the
surety deposit at the expiration of the year.
(3) Any person having a claim against an employment
agency for any violation of the provisions of this chapter or
any rule or regulation promulgated thereunder may bring suit
upon such bond or deposit in an appropriate court of the
county where the office of the employment agency is located
or of any county in which jurisdiction of the employment
agency may be had. Action upon such bond or deposit shall
be commenced by serving and filing of the complaint within
one year from the date of expiration of the employment
agency license in force at the time the act for which the suit is
brought occurred. A copy of the complaint shall be served by
registered or certified mail upon the director at the time the
suit is started, and the director shall maintain a record, available for public inspection, of all suits so commenced. Such
service on the director shall constitute service on the surety
and the director shall transmit the complaint or a copy thereof
to the surety within five business days after it shall have been
received. The surety upon the bond shall not be liable in an
aggregate amount in excess of the amount named in the bond,
but in case claims pending at any one time exceed the amount
of the bond, claims shall be satisfied in the order of judgment
rendered. In the event that any final judgment shall impair the
liability of the surety upon bond so furnished or the amount
of the deposit so that there shall not be in effect a bond undertaking or deposit in the full amount prescribed in this section,
the director shall suspend the license of such employment
agency until the bond undertaking or deposit in the required
amount, unimpaired by unsatisfied judgment claims, shall
have been furnished.
19.31.090
(2004 Ed.)
19.31.100 Application—Contents—Filing—Qualifications of applicants and licensees—Waiver—Exceptions. (1) Every applicant for an employment agency's
license or a renewal thereof shall file with the director a written application stating the name and address of the applicant;
the street and number of the building in which the business of
the employment agency is to be conducted; the name of the
person who is to have the general management of the office;
the name under which the business of the office is to be carried on; whether or not the applicant is pecuniarily interested
in the business to be carried on under the license; shall be
signed by the applicant and sworn to before a notary public;
and shall identify anyone holding over twenty percent interest in the agency. If the applicant is a corporation, the application shall state the names and addresses of the officers and
directors of the corporation, and shall be signed and sworn to
by the president and secretary thereof. If the applicant is a
partnership, the application shall also state the names and
addresses of all partners therein, and shall be signed and
sworn to by all of them. The application shall also state
whether or not the applicant is, at the time of making the
application, or has at any previous time been engaged in or
interested in or employed by anyone engaged in the business
of an employment agency.
(2) The application shall require a certification that no
officer or holder of more than twenty percent interest in the
business has been convicted of a felony within ten years of
the application which directly relates to the business for
which the license is sought, or had any judgment entered
against such person in any civil action involving fraud, misrepresentation, or conversion.
(3) All applications for employment agency licenses
shall be accompanied by a copy of the form of contract and
fee schedule to be used between the employment agency and
the applicant.
(4) No license to operate an employment agency in this
state shall be issued, transferred, renewed, or remain in effect,
unless the person who has or is to have the general management of the office has qualified pursuant to this section. The
director may, for good cause shown, waive the requirement
imposed by this section for a period not to exceed one hundred and twenty days. Persons who have been previously
licensed or who have operated to the satisfaction of the director for at least one year prior to September 21, 1977 as a general manager shall be entitled to operate for up to one year
from such date before being required to qualify under this
section. In order to qualify, such person shall, through testing
procedures developed by the director, show that such person
has a knowledge of this law, pertinent labor laws, and laws
against discrimination in employment in this state and of the
United States. Said examination shall be given at least once
each quarter and a fee for such examination shall be established by the director. Nothing in this chapter shall be construed to preclude any one natural person from being desig19.31.100
[Title 19 RCW—page 77]
19.31.110
Title 19 RCW: Business Regulations—Miscellaneous
nated as the person who is to have the general management of
up to three offices operated by any one licensee.
While employment directories may at the director's discretion be required to show that the person has a knowledge
of this chapter, employment directories are exempt from testing on pertinent labor laws, and laws against discrimination
in employment in this state and of the United States.
(5) Employment directories shall register with the
department and meet all applicable requirements of this chapter but shall not be required to be licensed by the department
or pay a licensing fee. [1993 c 499 § 4; 1982 c 227 § 14; 1977
ex.s. c 51 § 5; 1969 ex.s. c 228 § 10.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.31.110
19.31.110 Expiration date of license—Reinstatement.
An employment agency license shall expire June 30th. Any
such license not renewed may be reinstated if the employment agency can show good cause to the director for renewal
of the license and present proof of intent to continue to act as
an employment agency: PROVIDED, That no license shall
be issued upon such application for reinstatement until all
fees and penalties previously accrued under this chapter have
been paid. [1977 ex.s. c 51 § 6; 1969 ex.s. c 228 § 11.]
19.31.120
19.31.120 Transfer of license. No license granted pursuant to this chapter shall be transferable without the consent
of the director. No employment agency shall permit any person not mentioned in the license application to become connected with the business as an owner, member, officer, or
director without the consent of the director. Consent may be
withheld for any reason for which an original application for
a license might have been rejected, if the person in question
had been mentioned therein. [1969 ex.s. c 228 § 12.]
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.31.140
19.31.140 Fees for licensees. The director shall determine the fees, as provided in RCW 43.24.086, charged to
those parties licensed as employment agencies for original
applications, renewal per year, branch license, both original
and renewal, transfer of license, and approval of amended or
new contracts and/or fee schedules. [1985 c 7 § 84; 1975 1st
ex.s. c 30 § 92; 1969 ex.s. c 228 § 14.]
19.31.150
19.31.150 Employment condition precedent to charging fee—Exceptions. (1) Except as otherwise provided in
subsections (2) and (3) of this section, no employment
agency shall charge or accept a fee or other consideration
from an applicant without complying with the terms of a written contract as specified in RCW 19.31.040, and then only
after such agency has been responsible for referring such job
applicant to an employer or such employer to a job applicant
and where as a result thereof such job applicant has been
employed by such employer.
(2) Employment listing services may charge or accept a
fee when they provide the applicant with the job listing or the
referral.
(3) An employment directory may charge or accept a fee
when it provides the applicant with the directory. [1993 c
499 § 5; 1969 ex.s. c 228 § 15.]
19.31.160 Charging fee or payment contrary to chapter—Return of excess. Any employment agency which collects, receives, or retains a fee or other payment contrary to
the provisions of this chapter or to the rules and regulations
adopted pursuant to this chapter shall return the excessive
portion of the fee within seven days after receiving a demand
therefor from the director. [1969 ex.s. c 228 § 16.]
19.31.160
19.31.130
19.31.130 License sanction—Grounds—Support
order, noncompliance. (1) In accordance with the provisions of chapter 34.05 RCW, the director may by order sanction the license of any employment agency under RCW
18.235.110, if the director finds that the applicant or licensee
has violated any provisions of this chapter, or failed to comply with any rule or regulation issued by the director pursuant
to this chapter.
(2) The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [2002 c 86 § 270; 1997 c 58 § 848; 1969 ex.s. c 228
§ 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
[Title 19 RCW—page 78]
19.31.170
19.31.170 Limitations on fee amounts—Refunds—
Exceptions. (1) If an applicant accepts employment by
agreement with an employer and thereafter never reports for
work, the gross fee charged to the applicant shall not exceed:
(a) Ten percent of what the first month's gross salary or
wages would be, if known; or (b) ten percent of the first
month's drawing account. If the employment was to have
been on a commission basis without any drawing account,
then no fee may be charged in the event that the applicant
never reports for work.
(2) If an applicant accepts employment on a commission
basis without any drawing account, then the gross fee
charged such applicant shall be a percentage of commissions
actually earned.
(3) If an applicant accepts employment and if within
sixty days of his reporting for work the employment is terminated, then the gross fee charged such applicant shall not
exceed twenty percent of the gross salary, wages or commission received by him.
(4) If an applicant accepts temporary employment as a
domestic, household employee, baby sitter, agricultural
worker, or day laborer, then the gross fee charged such applicant shall not be in excess of twenty-five percent of the first
full month's gross salary or wages: PROVIDED, That where
an applicant accepts employment as a domestic or household
(2004 Ed.)
Employment Agencies
employee for a period of less than one month, then the gross
fee charged such applicant shall not exceed twenty-five percent of the gross salary or wages paid.
(5) Any applicant requesting a refund of a fee paid to an
employment agency in accordance with the terms of the
approved fee schedule of the employment agency pursuant to
this section shall file with the employment agency a form
requesting such refund on which shall be set forth information reasonably needed and requested by the employment
agency, including but not limited to the following: Circumstances under which employment was terminated, dates of
employment, and gross earnings of the applicant.
(6) Refund requests which are not in dispute shall be
made by the employment agency within thirty days of
receipt.
(7) Subsections (1) through (6) of this section do not
apply to employment listing services or employment directories. [1993 c 499 § 6; 1977 ex.s. c 51 § 7; 1969 ex.s. c 228 §
17.]
19.31.180
19.31.180 Posting of fee limitation and remedy provisions. Each licensee shall post the following in a conspicuous place in each office in which it conducts business: (1)
The substance of RCW 19.31.150 through 19.31.170; and (2)
a name and address provided by the director, in a form prescribed by him, of a person to whom complaints concerning
possible violation of this chapter may be made. All words
required to be posted pursuant to this section shall be printed
in ten point bold face type. [1969 ex.s. c 228 § 18.]
19.31.190
19.31.190 Rules of conduct—Complaints. In addition
to the other provisions of this chapter the following rules
shall govern each and every employment agency:
(1) Every license or a verified copy thereof shall be displayed in a conspicuous place in each office of the employment agency;
(2) No fee shall be solicited or accepted as an application
or registration fee by any employment agency solely for the
purpose of being registered as an applicant for employment;
(3) No licensee or agent of the licensee shall solicit, persuade, or induce an employee to leave any employment in
which the licensee or agent of the licensee has placed the
employee; nor shall any licensee or agent of the licensee persuade or induce or solicit any employer to discharge any
employee;
(4) No employment agency shall knowingly cause to be
printed or published a false or fraudulent notice or advertisement for obtaining work or employment. All advertising by a
licensee shall signify that it is an employment agency solicitation except an employment listing service shall advertise it
is an employment listing service;
(5) An employment directory shall include the following
on all advertisements:
"Directory provides information on possible employers
and general employment information but does not list actual
job openings.";
(6) No licensee shall fail to state in any advertisement,
proposal or contract for employment that there is a strike or
lockout at the place of proposed employment, if he has
knowledge that such condition exists;
(2004 Ed.)
19.31.220
(7) No licensee or agent of a licensee shall directly or
indirectly split, divide, or share with an employer any fee,
charge, or compensation received from any applicant who
has obtained employment with such employer or with any
other person connected with the business of such employer;
(8) When an applicant is referred to the same employer
by two licensees, the fee shall be paid to the licensee who first
contacted the applicant concerning the position for that applicant: PROVIDED, That the licensee has given the name of
the employer to the applicant and has within five working
days arranged an interview with the employer and the applicant was hired as the result of that interview;
(9) No licensee shall require in any manner that a potential employee or an employee of an employer make any contract with any lending agency for the purpose of fulfilling a
financial obligation to the licensee;
(10) All job listings must be bona fide job listings. To
qualify as a bona fide job listing the following conditions
must be met:
(a) A bona fide job listing must be obtained from a representative of the employer that reflects an actual current job
opening;
(b) A representative of the employer must be aware of
the fact that the job listing will be made available to applicants by the employment listing service and that applicants
will be applying for the job listing;
(c) All job listings and referrals must be current. To qualify as a current job listing the employment listing service
shall contact the employer and verify the availability of the
job listing no less than once per week;
(11) All listings for employers listed in employment
directories shall be current. To qualify as a current employer,
the employment directory must contact the employer at least
once per month and verify that the employer is currently hiring;
(12) Any aggrieved person, firm, corporation, or public
officer may submit a written complaint to the director charging the holder of an employment agency license with violation of this chapter and/or the rules and regulations adopted
pursuant to this chapter. [1993 c 499 § 7; 1977 ex.s. c 51 § 8;
1969 ex.s. c 228 § 19.]
19.31.210
19.31.210 Enforcement. The director may refer such
evidence as may be available to him concerning violations of
this chapter or of any rule or regulation adopted hereunder to
the attorney general or the prosecuting attorney of the county
wherein the alleged violation arose, who may, in their discretion, with or without such a reference, in addition to any other
action they might commence, bring an action in the name of
the state against any person to restrain and prevent the doing
of any act or practice prohibited by this chapter: PROVIDED, That this chapter shall be considered in conjunction
with chapters 9.04 and 19.86 RCW, as now or hereafter
amended, and the powers and duties of the attorney general
and the prosecuting attorney as they may appear in the aforementioned chapters, shall apply against all persons subject to
this chapter. [1969 ex.s. c 228 § 21.]
19.31.220
19.31.220 Assurance of discontinuance of violation.
In the enforcement of this chapter, the attorney general and/or
[Title 19 RCW—page 79]
19.31.230
Title 19 RCW: Business Regulations—Miscellaneous
any said prosecuting attorney may accept an assurance of discontinuance from any person deemed in violation of any provisions of this chapter. Any such assurance shall be in writing
and shall be filed with and subject to the approval of the superior court of the county in which the alleged violator resides
or has his principal place of business, or in Thurston county.
[1969 ex.s. c 228 § 22.]
19.31.230
19.31.230 Civil penalty. Any person who violates the
terms of any court order or temporary or permanent injunction issued pursuant to this chapter, shall forfeit and pay a
civil penalty of not more than five thousand dollars. For the
purpose of this section the superior court issuing any injunction shall retain continuing jurisdiction and in such cases the
attorney general and/or the prosecuting attorney acting in the
name of the state may petition for the recovery of civil penalties. [1969 ex.s. c 228 § 23.]
19.31.240
19.31.240 Service of process outside state. Personal
service of any process in an action under this chapter may be
made upon any person outside the state if such person has
engaged in conduct in violation of this chapter which conduct
has had impact in this state which this chapter reprehends.
Such person shall be deemed to have thereby submitted himself to the jurisdiction of the courts of this state within the
meaning of RCW 4.28.180 and 4.28.185, as now or hereafter
amended. [1969 ex.s. c 228 § 24.]
19.31.245
19.31.245 Registration or licensing prerequisite to
suit by employment agency—Action against unregistered
or unlicensed employment agency. (1) No employment
agency may bring or maintain a cause of action in any court
of this state for compensation for, or seeking equitable relief
in regard to, services rendered employers and applicants,
unless such agency shall allege and prove that at the time of
rendering the services in question, or making the contract
therefor, it was registered with the department or the holder
of a valid license issued under this chapter.
(2) Any person who shall give consideration of any kind
to any employment agency for the performance of employment services in this state when said employment agency
shall not be registered with the department or be the holder of
a valid license issued under this chapter shall have a cause of
action against the employment agency. Any court having
jurisdiction may enter judgment therein for treble the amount
of such consideration so paid, plus reasonable attorney's fees
and costs.
(3) A person performing the services of an employment
agency, employment listing service, or employment directory
without being registered with the department or holding a
valid license shall cease operations or immediately apply for
a valid license or register with the department. If the person
continues to operate in violation of this chapter the director or
the attorney general has a cause of action in any court having
jurisdiction for the return of any consideration paid by any
person to the agency. The court may enter judgment in the
action for treble the amount of the consideration so paid, plus
reasonable attorney's fees and costs. [1993 c 499 § 8; 1990 c
70 § 2; 1977 ex.s. c 51 § 10.]
[Title 19 RCW—page 80]
19.31.250
19.31.250 Chapter provisions exclusive—Authority
of political subdivisions not affected. (1) The provisions of
this chapter relating to the regulation of private employment
agencies shall be exclusive.
(2) This chapter shall not be construed to affect or reduce
the authority of any political subdivision of the state of Washington to provide for the licensing of private employment
agencies solely for revenue purposes. [1969 ex.s. c 228 §
25.]
19.31.260
19.31.260 Administrative procedure act to govern
administration. The administration of this chapter shall be
governed by the provisions of the administrative procedure
act, chapter 34.05 RCW, as now or hereafter amended. [1969
ex.s. c 228 § 26.]
19.31.270
19.31.270 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 271.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.31.900
19.31.900 Severability—1969 ex.s. c 228. If any provision of this act is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid,
the constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not
be affected thereby. [1969 ex.s. c 228 § 27.]
19.31.910
19.31.910 Effective date—1969 ex.s. c 228. This act
shall become effective July 1, 1969. [1969 ex.s. c 228 § 28.]
Chapter 19.32
Chapter 19.32 RCW
FOOD LOCKERS
Sections
19.32.005
19.32.010
19.32.020
19.32.030
19.32.040
19.32.050
19.32.055
19.32.060
19.32.090
19.32.100
19.32.110
19.32.150
19.32.160
19.32.165
19.32.170
19.32.180
19.32.900
Transfer of duties to the department of health.
Declaration of police power.
Definitions.
Director—Duties.
Licensing required—Application.
License fees—Expiration—Annual renewal fees.
Stipulated license fee to replace existent charges.
Revocation or suspension of licenses—Grounds—Notice—
Review.
Revocation or suspension of licenses—Witnesses—Evidence.
Equipment—Operation—Controls—Temperatures.
Diseased persons not to be employed—Health certificates.
Inspection of lockers and vehicles.
Liability for loss of goods.
Owners or operators not warehousemen.
Operator's lien—Liability for game law violations.
Violations—Penalty.
Severability—1943 c 117.
19.32.005
19.32.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 238.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
(2004 Ed.)
Food Lockers
19.32.010
19.32.010 Declaration of police power. This chapter is
in exercise of the police powers of the state for the protection
of the safety, health and welfare of the people of the state. It
hereby is found and declared that the public welfare requires
control and regulation of the operation of refrigerated lockers
and of the sale, handling and processing of articles of human
food in connection therewith, and the control, inspection and
regulation of persons engaged therein, in order to prevent or
eliminate unsanitary, unhealthful, fraudulent, and unfair or
uneconomic practices and conditions in connection with the
refrigerated locker business, which practices and conditions
endanger public health, defraud customers, jeopardize the
public source of supply and storage facilities of essential food
products, and adversely affect an important and growing
industry. It is further found and declared that the regulation of
the refrigerated locker business, as above outlined, is in the
interest of the economic and social well-being and the health
and safety of the state and all of its people. [1943 c 117 § 1;
Rem. Supp. 1943 § 6294-125.]
19.32.020
19.32.020 Definitions. Except where the context indicates a different meaning, terms used in this chapter shall be
defined as follows:
(1) "Refrigerated locker" or "locker" means any place,
premises or establishment where facilities for the cold storage and preservation of human food in separate and individual compartments are offered to the public upon a rental or
other basis providing compensation to the person offering
such services.
(2) "Person" includes any individual, partnership, corporation, association, county, municipality, cooperative group,
or other entity engaging in the business of operating or owning or offering the services of refrigerated lockers as above
defined.
(3) "Master license system" means the mechanism established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement. [1982 c 182 § 31; 1943 c 117 § 2; Rem. Supp. 1943 §
6294-126.]
Severability—1982 c 182: See RCW 19.02.901.
19.32.030
19.32.030 Director—Duties. The director of agriculture is hereby empowered to prescribe and to enforce such
rules and regulations and to make such definitions, and to
prescribe such procedure with regard to hearings, as he may
deem necessary to carry into effect the full intent and meaning of this chapter. [1943 c 117 § 7; Rem. Supp. 1943 §
6294-131.]
19.32.040
19.32.040 Licensing required—Application. No person hereafter shall engage within this state in the business of
owning, operating or offering the services of any refrigerated
locker or lockers without having obtained a license for each
such place of business. Application for such license shall be
made through the master license system. Such licenses shall
be granted as a matter of right unless conditions exist which
are grounds for a cancellation or revocation of a license as
(2004 Ed.)
19.32.060
hereinafter set forth. [1982 c 182 § 32; 1943 c 117 § 3; Rem.
Supp. 1943 § 6294-127.]
Severability—1982 c 182: See RCW 19.02.901.
Master license system
defined: RCW 19.32.020(3).
existing licenses or permits registered under, when: RCW 19.02.810.
to include additional licenses: RCW 19.02.110.
19.32.050
19.32.050 License fees—Expiration—Annual
renewal fees. (1) An annual fee of ten dollars shall accompany each application for a refrigerated locker license or
renewal of the license. All such license and renewal fees shall
be deposited in the state's general fund.
(2) Each such license shall expire on the master license
expiration date unless sooner revoked for cause. Renewal
may be obtained annually by paying the required annual
license fee. Such license fee shall not be transferable to any
person nor be applicable to any location other than that for
which originally issued. [1982 c 182 § 33; 1967 c 240 § 39;
1943 c 117 § 4; Rem. Supp. 1943 § 6294-128.]
Severability—1982 c 182: See RCW 19.02.901.
Severability—1967 c 240: See note following RCW 43.23.010.
Master license system
existing licenses or permits registered under, when: RCW 19.02.810.
license expiration date: RCW 19.02.090.
19.32.055
19.32.055 Stipulated license fee to replace existent
charges. Payment of the license fee stipulated herein shall be
accepted in lieu of any and all existing fees and charges for
like purposes or intent which may be existent prior to the
adoption of this chapter. [1943 c 117 § 15; Rem. Supp. 1943
§ 6294-139.]
19.32.060
19.32.060 Revocation or suspension of licenses—
Grounds—Notice—Review. (1) The director of agriculture
may cancel or suspend any such license if he finds after
proper investigation that (a) the licensee has violated any provision of this chapter or of any other law of this state relating
to the operation of refrigerated lockers or of the sale of any
human food in connection therewith, or any regulation effective under any act the administration of which is in the charge
of the department of agriculture, or (b) the licensed refrigerated locker premises or any equipment used therein or in connection therewith is in an unsanitary condition and the licensee has failed or refused to remedy the same within ten
days after receipt from the director of agriculture of written
notice to do so.
(2) No license shall be revoked or suspended by the
director without delivery to the licensee of a written statement of the charge involved and an opportunity to answer
such charge within ten days from the date of such notice.
(3) Any order made by the director suspending or revoking any license may be reviewed by certiorari in the superior
court of the county in which the licensed premises are
located, within ten days from the date notice in writing of the
director's order revoking or suspending such license has been
served upon him.
(4) The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
[Title 19 RCW—page 81]
19.32.090
Title 19 RCW: Business Regulations—Miscellaneous
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 849; 1943 c 117 § 5; Rem. Supp. 1943 § 6294-129. Formerly RCW 19.32.060 through 19.32.080.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.32.090
19.32.090 Revocation or suspension of licenses—Witnesses—Evidence. In any proceeding under this chapter the
director of agriculture may administer oaths and issue subpoenas, summon witnesses and take testimony of any person
within the state of Washington. [1943 c 117 § 10; Rem.
Supp. 1943 § 6294-134.]
19.32.100
19.32.100 Equipment—Operation—Controls—
Temperatures. Every operator of a refrigerated locker plant
shall provide a complete refrigeration system with adequate
capacity and accurate and reliable controls for the maintenance of the following uniform temperatures of the various
refrigerated rooms if provided, under extreme conditions of
outside temperatures and under peak load conditions in the
normal operation of the plant. The temperatures of the following rooms shall not exceed:
(1) Chill room, temperatures within two degrees (Fahrenheit) plus or minus of thirty-five degrees (Fahrenheit) with
a tolerance of ten degrees (Fahrenheit) after fresh food is put
in for chilling;
(2) Sharp freeze room, sharp freeze compartments, temperatures of minus ten degrees (Fahrenheit) or lower, or temperatures of zero degrees (Fahrenheit) or lower when forced
air circulation is employed, with a tolerance of ten degrees
(Fahrenheit) for either type of installation after fresh food is
put in for freezing;
(3) Locker room temperatures of zero degrees (Fahrenheit) with a tolerance of twelve degrees (Fahrenheit) plus.
[1943 c 117 § 9; Rem. Supp. 1943 § 6294-133.]
son has been examined and found free from any contagious
or infectious disease. The department of health may fix a
maximum fee, not exceeding two dollars which may be
charged by a physician for such examination. Such certificate
shall be effective for a period of six months and thereafter
must be renewed following proper physical examination as
aforesaid. Where such certificate is required and provided
under municipal ordinance upon examination deemed adequate by the department, certificates issued thereunder shall
be sufficient under this chapter.
(3) Any such certificate shall be revoked by the department of health at any time the holder thereof is found, after
proper physical examination, to be afflicted with any communicable or infectious disease. Refusal of any person employed
in such premises to submit to proper and reasonable physical
examination upon written demand by the department of
health or of the director of agriculture shall be cause for revocation of that person's health certificate. [1991 c 3 § 287;
1985 c 213 § 11; 1943 c 117 § 6; Rem. Supp. 1943 §
6294-130. Formerly RCW 19.32.110 through 19.32.140.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
19.32.150
19.32.150 Inspection of lockers and vehicles. The
director of agriculture shall cause to be made periodically a
thorough inspection of each establishment licensed under this
chapter to determine whether or not the premises are constructed, equipped and operated in accordance with the
requirements of this chapter and of all other laws of this state
applicable to the operation either of refrigerated lockers or of
the handling of human food in connection therewith, and of
all regulations effective under this chapter relative to such
operation. Such inspection shall also be made of each vehicle
used by an operator of refrigerated lockers or of an establishment handling human food in connection therewith, when
such vehicle is used in transporting or distributing human
food products to or from refrigerated lockers within this state.
[2000 c 171 § 49; 1943 c 117 § 8; Rem. Supp. 1943 § 6294132.]
19.32.160
19.32.160 Liability for loss of goods. The liability of
the owner or operator of refrigerated lockers for loss of goods
in lockers or in operator's care shall be limited to negligence
of operation or of employees. [1943 c 117 § 12; Rem. Supp.
1943 § 6294-136. FORMER PARTS OF SECTION: (i) 1943
c 117 § 14; Rem. Supp. 1943 § 6294-138, now codified as
RCW 19.32.165. (ii) 1943 c 117 § 13, part; Rem. Supp. 1943
§ 6294-137, part, now codified in RCW 19.32.170.]
19.32.165
19.32.110
19.32.110 Diseased persons not to be employed—
Health certificates. (1) No person afflicted with any contagious or infectious disease shall work or be permitted to work
in or about any refrigerated locker, nor in the handling, dealing nor processing of any human food in connection therewith.
(2) No person shall work or be permitted to work in or
about any refrigerated locker in the handling, processing or
dealing in any human food or any ingredient thereof without
holding a certificate from a physician, duly accredited for that
purpose by the department of health, certifying that such per[Title 19 RCW—page 82]
19.32.165 Owners or operators not warehousemen.
Persons who own or operate refrigerated locker plants shall
not be construed to be warehousemen, nor shall receipts or
other instruments issued by such persons in the ordinary conduct of their business be construed to be negotiable warehouse receipts. [1943 c 117 § 14; Rem. Supp. 1943 § 6294138. Formerly RCW 19.32.160, part.]
19.32.170
19.32.170 Operator's lien—Liability for game law
violations. Every operator of a locker shall have a lien upon
all the property of every kind in his possession for all lockers'
(2004 Ed.)
Washington Electronic Authentication Act
rentals, processing, handling or other charges due. Such lien
may be foreclosed under the procedures as provided in chapter 60.10 RCW.
Locker owners and operators shall not be responsible for
liability for violations of game or other laws by renters unless
the contents of the locker are under the control of the locker
plant operator. [1995 c 62 § 3; 1969 c 82 § 10; 1943 c 117 §
13; Rem. Supp. 1943 § 6294-137. Formerly RCW 19.32.160,
part.]
19.34.270
19.34.280
19.34.290
19.34.291
19.34.300
19.34.305
19.34.310
19.34.311
19.34.320
19.32.180
19.32.180 Violations—Penalty. Any person violating
any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less
than one hundred dollars for the first offense, and not less
than two hundred dollars for the second and for each and
every subsequent offense, and each day that any violation
continues shall constitute a separate offense. [1943 c 117 §
11; Rem. Supp. 1943 § 6294-135.]
19.32.900
19.32.900 Severability—1943 c 117. If any clause,
sentence, paragraph, section or part of this chapter shall, for
any reason, be adjudged or decreed to be invalid by any court
of competent jurisdiction, such judgment or decree shall not
affect, impair nor invalidate the remainder of this chapter, but
shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which said judgment or decree shall have been rendered. [1943 c 117 § 16.]
Chapter 19.34
Chapter 19.34 RCW
WASHINGTON ELECTRONIC
AUTHENTICATION ACT
Sections
19.34.010
19.34.020
19.34.030
19.34.040
19.34.100
19.34.101
19.34.110
19.34.111
19.34.120
19.34.130
19.34.200
19.34.210
19.34.220
19.34.230
19.34.231
19.34.240
19.34.250
19.34.260
(2004 Ed.)
Purpose and construction.
Definitions.
Secretary—Duties.
Secretary—Fees—Disposition.
Certification authorities—Licensure—Qualifications—Revocation and suspension.
Expiration of licenses—Renewal—Rules.
Compliance audits.
Qualifications of auditor signing report of opinion—Compliance audits under state auditor's authority.
Licensed certification authorities—Enforcement—Suspension
or revocation—Penalties—Rules—Costs—Procedure—
Injunctions.
Certification authorities—Prohibited activities—Statement by
secretary advising of certification authorities creating prohibited risks—Protest—Hearing—Disposition—Notice—
Procedure.
Licensed certification authorities—Requirements.
Certificate—Issuance—Confirmation of information—Confirmation of prospective subscriber—Standards, statements,
plans, requirements more rigorous than chapter—Revocation, suspension—Investigation—Notice—Procedure.
Licensed certification authorities—Warranties, obligations
upon issuance of certificate—Notice.
Subscribers—Representations and duties upon acceptance of
certificate.
Signature of a unit of government required—City or county as
certification authority—Unit of state government prohibited
from being certification authority—Exceptions.
Private key—Control—Public disclosure exemption.
Suspension of certificate—Evidence—Investigation—
Notice—Termination—Limitation or preclusion by contract—Misrepresentation—Penalty—Contracts for regional
enforcement by agencies—Rules.
Revocation of certificate—Confirmation—Notice—Release
from security duty—Discharge of warranties.
19.34.321
19.34.330
19.34.340
19.34.350
19.34.351
19.34.360
19.34.400
19.34.410
19.34.420
19.34.500
19.34.501
19.34.502
19.34.503
19.34.900
19.34.901
19.34.902
19.34.903
19.34.010
Certificate—Expiration.
Recommended reliance limit—Liability—Damages.
Collection based on suitable guaranty—Proceeds—Attorneys'
fees—Costs—Notice—Recovery of qualified right of payment.
Discontinuation of certification authority services—Duties of
authority—Continuation of guaranty—Process to maintain
and update records—Rules—Costs.
Satisfaction of signature requirements.
Acceptance of digital signature in reasonable manner.
Unreliable digital signatures—Risk.
Reasonableness of reliance—Factors.
Digital message as written on paper—Requirements—Other
requirements not affected—Exception from uniform commercial code.
Acceptance of certified court documents in electronic form—
Requirements—Rules of court on use in proceedings.
Digital message deemed original.
Certificate as acknowledgment—Requirements—Exception—Responsibility of certification authority.
Adjudicating disputes—Presumptions.
Alteration of chapter by agreement—Exceptions.
Presumptions of validity/limitations on liability—Conformance with chapter.
Recognition of repositories—Application—Discontinuance—
Procedure.
Repositories—Liability—Exemptions—Liquidation, limitation, alteration, or exclusion of damages.
Confidentiality of certain records—Limited access to state
auditor.
Rule making.
Chapter supersedes and preempts local actions.
Criminal prosecution not precluded—Remedies not exclusive—Injunctive relief availability.
Jurisdiction, venue, choice of laws.
Short title.
Effective date—1996 c 250.
Severability—1996 c 250.
Part headings and section captions not law—1996 c 250.
Digital signature violations: RCW 9.38.060.
19.34.010
19.34.010 Purpose and construction. This chapter
shall be construed consistently with what is commercially
reasonable under the circumstances and to effectuate the following purposes:
(1) To facilitate commerce by means of reliable electronic messages;
(2) To ensure that electronic signatures are not denied
legal recognition solely because they are in electronic form;
(3) To provide a voluntary licensing mechanism for digital signature certification authorities by which businesses,
consumers, courts, government agencies, and other entities
can reasonably be assured as to the integrity, authenticity,
and nonrepudiation of a digitally signed electronic communication;
(4) To establish procedures governing the use of digital
signatures for official public business to provide reasonable
assurance of the integrity, authenticity, and nonrepudiation of
an electronic communication;
(5) To minimize the incidence of forged digital signatures and fraud in electronic commerce;
(6) To implement legally the general import of relevant
standards; and
(7) To establish, in coordination with states and other
jurisdictions, uniform rules regarding the authentication and
reliability of electronic messages. [1999 c 287 § 1; 1996 c
250 § 102.]
Effective date—1999 c 287: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 13, 1999]." [1999 c 287 § 20.]
[Title 19 RCW—page 83]
19.34.020
Title 19 RCW: Business Regulations—Miscellaneous
19.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Accept a certificate" means to manifest approval of
a certificate, while knowing or having notice of its contents.
Such approval may be manifested by the use of the certificate.
(2) "Accept a digital signature" means to verify a digital
signature or take an action in reliance on a digital signature.
(3) "Asymmetric cryptosystem" means an algorithm or
series of algorithms that provide a secure key pair.
(4) "Certificate" means a computer-based record that:
(a) Identifies the certification authority issuing it;
(b) Names or identifies its subscriber;
(c) Contains the subscriber's public key; and
(d) Is digitally signed by the certification authority issuing it.
(5) "Certification authority" means a person who issues a
certificate.
(6) "Certification authority disclosure record" means an
on-line, publicly accessible record that concerns a licensed
certification authority and is kept by the secretary.
(7) "Certification practice statement" means a declaration of the practices that a certification authority employs in
issuing certificates.
(8) "Certify" means to declare with reference to a certificate, with ample opportunity to reflect, and with a duty to
apprise oneself of all material facts.
(9) "Confirm" means to ascertain through appropriate
inquiry and investigation.
(10) "Correspond," with reference to keys, means to
belong to the same key pair.
(11) "Digital signature" means an electronic signature
that is a transformation of a message using an asymmetric
cryptosystem such that a person having the initial message
and the signer's public key can accurately determine:
(a) Whether the transformation was created using the private key that corresponds to the signer's public key; and
(b) Whether the initial message has been altered since
the transformation was made.
(12) "Electronic" means electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology that
entails capabilities similar to these technologies.
(13) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in
an information system or for transmission from one information system to another.
(14) "Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record, including but not limited to a digital signature.
(15) "Financial institution" means a national or statechartered commercial bank or trust company, savings bank,
savings association, or credit union authorized to do business
in the state of Washington and the deposits of which are federally insured.
(16) "Forge a digital signature" means either:
(a) To create a digital signature without the authorization
of the rightful holder of the private key; or
(b) To create a digital signature verifiable by a certificate
listing as subscriber a person who either:
(i) Does not exist; or
19.34.020
[Title 19 RCW—page 84]
(ii) Does not hold the private key corresponding to the
public key listed in the certificate.
(17) "Hold a private key" means to be authorized to utilize a private key.
(18) "Incorporate by reference" means to make one message a part of another message by identifying the message to
be incorporated and expressing the intention that it be incorporated.
(19) "Issue a certificate" means the acts of a certification
authority in creating a certificate and notifying the subscriber
listed in the certificate of the contents of the certificate.
(20) "Key pair" means a private key and its corresponding public key in an asymmetric cryptosystem, keys which
have the property that the public key can verify a digital signature that the private key creates.
(21) "Licensed certification authority" means a certification authority to whom a license has been issued by the secretary and whose license is in effect.
(22) "Message" means a digital representation of information.
(23) "Notify" means to communicate a fact to another
person in a manner reasonably likely under the circumstances
to impart knowledge of the information to the other person.
(24) "Official public business" means any legally authorized transaction or communication among state agencies,
tribes, and local governments, or between a state agency,
tribe, or local government and a private person or entity.
(25) "Operative personnel" means one or more natural
persons acting as a certification authority or its agent, or in
the employment of, or under contract with, a certification
authority, and who have:
(a) Duties directly involving the issuance of certificates,
or creation of private keys;
(b) Responsibility for the secure operation of the trustworthy system used by the certification authority or any recognized repository;
(c) Direct responsibility, beyond general supervisory
authority, for establishing or adopting policies regarding the
operation and security of the certification authority; or
(d) Such other responsibilities or duties as the secretary
may establish by rule.
(26) "Person" means a human being or an organization
capable of signing a document, either legally or as a matter of
fact.
(27) "Private key" means the key of a key pair used to
create a digital signature.
(28) "Public key" means the key of a key pair used to
verify a digital signature.
(29) "Publish" means to make information publicly
available.
(30) "Qualified right to payment" means an award of
damages against a licensed certification authority by a court
having jurisdiction over the certification authority in a civil
action for violation of this chapter.
(31) "Recipient" means a person who has received a certificate and a digital signature verifiable with reference to a
public key listed in the certificate and is in a position to rely
on it.
(32) "Recognized repository" means a repository recognized by the secretary under RCW 19.34.400.
(2004 Ed.)
Washington Electronic Authentication Act
(33) "Recommended reliance limit" means the monetary
amount recommended for reliance on a certificate under
RCW 19.34.280(1).
(34) "Repository" means a system for storing and
retrieving certificates and other information relevant to digital signatures.
(35) "Revoke a certificate" means to make a certificate
ineffective permanently from a specified time forward. Revocation is effected by notation or inclusion in a set of revoked
certificates, and does not imply that a revoked certificate is
destroyed or made illegible.
(36) "Rightfully hold a private key" means the authority
to utilize a private key:
(a) That the holder or the holder's agents have not disclosed to a person in violation of RCW 19.34.240(1); and
(b) That the holder has not obtained through theft, deceit,
eavesdropping, or other unlawful means.
(37) "Secretary" means the secretary of state.
(38) "Subscriber" means a person who:
(a) Is the subject listed in a certificate;
(b) Applies for or accepts the certificate; and
(c) Holds a private key that corresponds to a public key
listed in that certificate.
(39) "Suitable guaranty" means either a surety bond executed by a surety authorized by the insurance commissioner
to do business in this state, or an irrevocable letter of credit
issued by a financial institution authorized to do business in
this state, which, in either event, satisfies all of the following
requirements:
(a) It is issued payable to the secretary for the benefit of
persons holding qualified rights of payment against the
licensed certification authority named as the principal of the
bond or customer of the letter of credit;
(b) It is in an amount specified by rule by the secretary
under RCW 19.34.030;
(c) It states that it is issued for filing under this chapter;
(d) It specifies a term of effectiveness extending at least
as long as the term of the license to be issued to the certification authority; and
(e) It is in a form prescribed or approved by rule by the
secretary.
A suitable guaranty may also provide that the total
annual liability on the guaranty to all persons making claims
based on it may not exceed the face amount of the guaranty.
(40) "Suspend a certificate" means to make a certificate
ineffective temporarily for a specified time forward.
(41) "Time stamp" means either:
(a) To append or attach a digitally signed notation indicating at least the date, time, and identity of the person
appending or attaching the notation to a message, digital signature, or certificate; or
(b) The notation thus appended or attached.
(42) "Transactional certificate" means a valid certificate
incorporating by reference one or more digital signatures.
(43) "Trustworthy system" means computer hardware
and software that:
(a) Are reasonably secure from intrusion and misuse; and
(b) Conform with the requirements established by the
secretary by rule.
(44) "Valid certificate" means a certificate that:
(a) A licensed certification authority has issued;
(2004 Ed.)
19.34.030
(b) The subscriber listed in it has accepted;
(c) Has not been revoked or suspended; and
(d) Has not expired.
However, a transactional certificate is a valid certificate
only in relation to the digital signature incorporated in it by
reference.
(45) "Verify a digital signature" means, in relation to a
given digital signature, message, and public key, to determine
accurately that:
(a) The digital signature was created by the private key
corresponding to the public key; and
(b) The message has not been altered since its digital signature was created. [2000 c 171 § 50; 1999 c 287 § 2; 1997 c
27 § 30; 1996 c 250 § 103.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.030
19.34.030 Secretary—Duties. (1) The secretary must
publish a certification authority disclosure record for each
licensed certification authority, and a list of all judgments
filed with the secretary, within the previous five years, under
RCW 19.34.290.
(2) The secretary may adopt rules consistent with this
chapter and in furtherance of its purposes:
(a) To license certification authorities, recognize repositories, certify operative personnel, and govern the practices
of each;
(b) To determine the form and amount reasonably appropriate for a suitable guaranty, in light of the burden a suitable
guaranty places upon licensed certification authorities and
the assurance of quality and financial responsibility it provides to persons who rely on certificates issued by licensed
certification authorities;
(c) To specify reasonable requirements for information
to be contained in or the form of certificates, including transactional certificates, issued by licensed certification authorities, in accordance with generally accepted standards for digital signature certificates;
(d) To specify reasonable requirements for recordkeeping by licensed certification authorities;
(e) To specify reasonable requirements for the content,
form, and sources of information in certification authority
disclosure records, the updating and timeliness of the information, and other practices and policies relating to certification authority disclosure records;
(f) To specify the form of and information required in
certification practice statements, as well as requirements
regarding the publication of certification practice statements;
(g) To specify the procedure and manner in which a certificate may be suspended or revoked, as consistent with this
chapter;
(h) To specify the procedure and manner by which the
laws of other jurisdictions may be recognized, in order to further uniform rules regarding the authentication and reliability
of electronic messages; and
(i) Otherwise to give effect to and implement this chapter.
(3) The secretary may act as a certification authority, and
the certificates issued by the secretary shall be treated as hav[Title 19 RCW—page 85]
19.34.040
Title 19 RCW: Business Regulations—Miscellaneous
ing been issued by a licensed certification authority. [1999 c
287 § 4; 1997 c 27 § 1; 1996 c 250 § 104.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—1997 c 27: "Sections 1 through 23, 25 through 27, and
29 through 34 of this act take effect January 1, 1998." [1997 c 27 § 35.]
Severability—1997 c 27: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1997 c 27 § 36.]
19.34.040
19.34.040 Secretary—Fees—Disposition. The secretary may adopt rules establishing reasonable fees for all services rendered by the secretary under this chapter, in amounts
that are reasonably calculated to be sufficient to compensate
for the costs of all services under this chapter, but that are not
estimated to exceed those costs in the aggregate. All fees
recovered by the secretary must be deposited in the state general fund. [1997 c 27 § 2; 1996 c 250 § 105.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
tal entities, in whole or in part, provided that those licensing
or authorization requirements are substantially similar to
those of this state. If licensing by another government is so
recognized:
(a) RCW 19.34.300 through 19.34.350 apply to certificates issued by the certification authorities licensed or authorized by that government in the same manner as it applies to
licensed certification authorities of this state; and
(b) The liability limits of RCW 19.34.280 apply to the
certification authorities licensed or authorized by that government in the same manner as they apply to licensed certification authorities of this state.
(6) A certification authority that has not obtained a
license is not subject to the provisions of this chapter, except
as specifically provided. [1999 c 287 § 5; 1998 c 33 § 1; 1997
c 27 § 3; 1996 c 250 § 201.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.101
19.34.100
19.34.100 Certification authorities—Licensure—
Qualifications—Revocation and suspension. (1) To obtain
or retain a license, a certification authority must:
(a) Provide proof of identity to the secretary;
(b) Employ only certified operative personnel in appropriate positions;
(c) File with the secretary an appropriate, suitable guaranty, unless the certification authority is a city or county that
is self-insured or the department of information services;
(d) Use a trustworthy system;
(e) Maintain an office in this state or have established a
registered agent for service of process in this state; and
(f) Comply with all further licensing and practice
requirements established by rule by the secretary.
(2) The secretary may by rule create license classifications according to specified limitations, and the secretary
may issue licenses restricted according to the limits of each
classification.
(3) The secretary may impose license restrictions specific to the practices of an individual certification authority.
The secretary shall set forth in writing and maintain as part of
the certification authority's license application file the basis
for such license restrictions.
(4) The secretary may revoke or suspend a certification
authority's license, in accordance with the administrative procedure act, chapter 34.05 RCW, for failure to comply with
this chapter or for failure to remain qualified under subsection (1) of this section. The secretary may order the summary
suspension of a license pending proceedings for revocation or
other action, which must be promptly instituted and determined, if the secretary includes within a written order a finding that the certification authority has either:
(a) Utilized its license in the commission of a violation
of a state or federal criminal statute or of chapter 19.86 RCW;
or
(b) Engaged in conduct giving rise to a serious risk of
loss to public or private parties if the license is not immediately suspended.
(5) The secretary may recognize by rule the licensing or
authorization of certification authorities by other governmen[Title 19 RCW—page 86]
19.34.101 Expiration of licenses—Renewal—Rules.
Licenses issued under this chapter expire one year after issuance, except that the secretary may provide by rule for a
longer duration. The secretary shall provide, by rule, for a
system of license renewal, which may include requirements
for continuing education. [1997 c 27 § 4.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.110
19.34.110 Compliance audits. (1) A licensed certification authority shall obtain a compliance audit at such times
and in such manner as directed by rule of the secretary. If the
certification authority is also a recognized repository, the
audit must include the repository.
(2) The certification authority shall file a copy of the
audit report with the secretary. The secretary may provide by
rule for filing of the report in an electronic format and may
publish the report in the certification authority disclosure
record it maintains for the certification authority. [1999 c
287 § 6; 1997 c 27 § 5; 1996 c 250 § 202.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.111
19.34.111 Qualifications of auditor signing report of
opinion—Compliance audits under state auditor's
authority. (1) An auditor signing a report of opinion as to a
compliance audit required by RCW 19.34.110 must:
(a) Be a certified public accountant, licensed under chapter 18.04 RCW or equivalent licensing statute of another
jurisdiction; and
(b) Meet such other qualifications as the secretary may
establish by rule.
(2) The compliance audits of state agencies and local
governments who are licensed certification authorities, and
the secretary, must be performed under the authority of the
state auditor. The state auditor may contract with private entities as needed to comply with this chapter. [1999 c 287 § 7;
1997 c 27 § 6.]
Effective date—1999 c 287: See note following RCW 19.34.010.
(2004 Ed.)
Washington Electronic Authentication Act
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.120
19.34.120 Licensed certification authorities—
Enforcement—Suspension or revocation—Penalties—
Rules—Costs—Procedure—Injunctions. (1) The secretary may investigate the activities of a licensed certification
authority material to its compliance with this chapter and
issue orders to a certification authority to further its investigation and secure compliance with this chapter.
(2) The secretary may suspend or revoke the license of a
certification authority for its failure to comply with an order
of the secretary.
(3) The secretary may by order impose and collect a civil
penalty against a licensed certification authority for a violation of this chapter. The penalty shall not exceed ten thousand
dollars per incident, or ninety percent of the recommended
reliance limit of a material certificate, whichever is less. In
case of a violation continuing for more than one day, each
day is considered a separate incident. The secretary may
adopt rules setting forth the standards governing the exercise
of the secretary's discretion as to penalty amounts. In the case
of a state agency authorized by law to be a licensed certification authority, the sole penalty imposed under this subsection
shall consist of specific findings of noncompliance and an
order requiring compliance with this chapter and the rules of
the secretary. Any penalty imposed under this chapter and
chapter 34.05 RCW shall be enforceable in any court of competent jurisdiction.
(4) The secretary may order a certification authority,
which it has found to be in violation of this chapter, to pay the
costs incurred by the secretary in prosecuting and adjudicating proceedings relative to the order, and enforcing it.
(5) The secretary must exercise authority under this section in accordance with the administrative procedure act,
chapter 34.05 RCW, and a licensed certification authority
may obtain judicial review of the secretary's actions as prescribed by chapter 34.05 RCW. The secretary may also seek
injunctive relief to compel compliance with an order. [1999
c 287 § 8; 1997 c 27 § 7; 1996 c 250 § 203.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.130
19.34.130 Certification authorities—Prohibited
activities—Statement by secretary advising of certification authorities creating prohibited risks—Protest—
Hearing—Disposition—Notice—Procedure. (1) No certification authority, whether licensed or not, may conduct its
business in a manner that creates an unreasonable risk of loss
to subscribers of the certification authority, to persons relying
on certificates issued by the certification authority, or to a
repository.
(2) The secretary may publish brief statements advising
subscribers, persons relying on digital signatures, or other
repositories about activities of a certification authority,
whether licensed or not, that create a risk prohibited by subsection (1) of this section. The certification authority named
in a statement as creating or causing such a risk may protest
the publication of the statement by filing a written defense of
ten thousand bytes or less. Upon receipt of such a protest, the
(2004 Ed.)
19.34.210
secretary must publish the protest along with the secretary's
statement, and must promptly give the protesting certification
authority notice and an opportunity to be heard. Following
the hearing, the secretary must rescind the advisory statement
if its publication was unwarranted under this section, cancel
it if its publication is no longer warranted, continue or amend
it if it remains warranted, or take further legal action to eliminate or reduce a risk prohibited by subsection (1) of this section. The secretary must publish its decision in the repository
it provides.
(3) In the manner provided by the administrative procedure act, chapter 34.05 RCW, the secretary may issue orders
and obtain injunctions or other civil relief to prevent or
restrain a certification authority from violating this section,
regardless of whether the certification authority is licensed.
This section does not create a right of action in a person other
than the secretary. [1999 c 287 § 9; 1996 c 250 § 204.]
Effective date—1999 c 287: See note following RCW 19.34.010.
19.34.200
19.34.200 Licensed certification authorities—
Requirements. (1) A licensed certification authority shall
use only a trustworthy system to issue, suspend, or revoke
certificates. A licensed certification authority shall use a recognized repository to publish or give notice of the issuance,
suspension, or revocation of a certificate.
(2) A licensed certification authority shall publish a certification practice statement in accordance with the rules
established by the secretary. The secretary shall publish the
certification practice statements of licensed certification
authorities submitted as part of the licensing process in a
manner similar to the publication of the certification authority disclosure record.
(3) A licensed certification authority shall knowingly
employ as operative personnel only persons who have not
been convicted within the past seven years of a felony and
have never been convicted of a crime involving fraud, false
statement, or deception. For purposes of this subsection, a
certification authority knowingly employs such a person if
the certification authority knew of a conviction, or should
have known based on information required by rule of the secretary. Operative personnel employed by a licensed certification authority must also be persons who have demonstrated
knowledge and proficiency in following the requirements of
this chapter. The secretary may provide by rule for the certification of operative personnel, and provide by rule for the
manner in which criminal background information is provided as part of the certification process, as well as the manner in which knowledge and proficiency in following the
requirements of this chapter may be demonstrated. [1999 c
287 § 10; 1997 c 27 § 8; 1996 c 250 § 301.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.210
19.34.210 Certificate—Issuance—Confirmation of
information—Confirmation of prospective subscriber—
Standards, statements, plans, requirements more rigorous than chapter—Revocation, suspension—Investigation—Notice—Procedure. (1) A licensed certification
[Title 19 RCW—page 87]
19.34.220
Title 19 RCW: Business Regulations—Miscellaneous
authority may issue a certificate to a subscriber only after all
of the following conditions are satisfied:
(a) The certification authority has received a request for
issuance signed by the prospective subscriber; and
(b) The certification authority has confirmed that:
(i) The prospective subscriber is the person to be listed in
the certificate to be issued;
(ii) If the prospective subscriber is acting through one or
more agents, the subscriber duly authorized the agent or
agents to have custody of the subscriber's private key and to
request issuance of a certificate listing the corresponding
public key;
(iii) The information in the certificate to be issued is
accurate;
(iv) The prospective subscriber rightfully holds the private key corresponding to the public key to be listed in the
certificate;
(v) The prospective subscriber holds a private key capable of creating a digital signature;
(vi) The public key to be listed in the certificate can be
used to verify a digital signature affixed by the private key
held by the prospective subscriber; and
(vii) The certificate provides information sufficient to
locate or identify one or more repositories in which notification of the revocation or suspension of the certificate will be
listed if the certificate is suspended or revoked.
(c) The requirements of this subsection may not be
waived or disclaimed by either the licensed certification
authority, the subscriber, or both.
(2) In confirming that the prospective subscriber is the
person to be listed in the certificate to be issued, a licensed
certification authority shall make a reasonable inquiry into
the subscriber's identity in light of:
(a) Any statements made by the certification authority
regarding the reliability of the certificate;
(b) The reliance limit of the certificate;
(c) Any recommended uses or applications for the certificate; and
(d) Whether the certificate is a transactional certificate or
not.
(3) A certification authority shall be presumed to have
confirmed that the prospective subscriber is the person to be
listed in a certificate where:
(a) The subscriber appears before the certification
authority and presents identification documents consisting of
at least one of the following:
(i) A current identification document issued by or under
the authority of the United States, or such similar identification document issued under the authority of another country;
(ii) A current driver's license issued by a state of the
United States; or
(iii) A current personal identification card issued by a
state of the United States; and
(b) Operative personnel certified according to law or a
notary has reviewed and accepted the identification information of the subscriber.
(4) The certification authority may establish policies
regarding the publication of certificates in its certification
practice statement, which must be adhered to unless an agreement between the certification authority and the subscriber
provides otherwise. If the certification authority does not
[Title 19 RCW—page 88]
establish such a policy, the certification authority must publish a signed copy of the certificate in a recognized repository.
(5) Nothing in this section precludes a licensed certification authority from conforming to standards, certification
practice statements, security plans, or contractual requirements more rigorous than, but nevertheless consistent with,
this chapter.
(6) After issuing a certificate, a licensed certification
authority must revoke it immediately upon confirming that it
was not issued as required by this section. A licensed certification authority may also suspend a certificate that it has
issued for a period not exceeding five business days as
needed for an investigation to confirm grounds for revocation
under this subsection. The certification authority must give
notice to the subscriber as soon as practicable after a decision
to revoke or suspend under this subsection.
(7) The secretary may order the licensed certification
authority to suspend or revoke a certificate that the certification authority issued, if, after giving any required notice and
opportunity for the certification authority and subscriber to
be heard in accordance with the administrative procedure act,
chapter 34.05 RCW, the secretary determines that:
(a) The certificate was issued without substantial compliance with this section; and
(b) The noncompliance poses a significant risk to persons relying on the certificate.
Upon determining that an emergency requires an immediate remedy, and in accordance with the administrative procedure act, chapter 34.05 RCW, the secretary may issue an
order suspending a certificate for a period not to exceed five
business days. [1999 c 287 § 11; 1997 c 27 § 9; 1996 c 250 §
302.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.220
19.34.220 Licensed certification authorities—Warranties, obligations upon issuance of certificate—Notice.
(1) By issuing a certificate, a licensed certification authority
warrants to the subscriber named in the certificate that:
(a) The certificate contains no information known to the
certification authority to be false;
(b) The certificate satisfies all material requirements of
this chapter; and
(c) The certification authority has not exceeded any limits of its license in issuing the certificate.
The certification authority may not disclaim or limit the
warranties of this subsection.
(2) Unless the subscriber and certification authority otherwise agree, a certification authority, by issuing a certificate,
promises to the subscriber:
(a) To act promptly to suspend or revoke a certificate in
accordance with RCW 19.34.250 or 19.34.260; and
(b) To notify the subscriber within a reasonable time of
any facts known to the certification authority that significantly affect the validity or reliability of the certificate once it
is issued.
(3) By issuing a certificate, a licensed certification
authority certifies to all who reasonably rely on the informa(2004 Ed.)
Washington Electronic Authentication Act
tion contained in the certificate, or on a digital signature verifiable by the public key listed in the certificate, that:
(a) The information in the certificate and listed as confirmed by the certification authority is accurate;
(b) All information foreseeably material to the reliability
of the certificate is stated or incorporated by reference within
the certificate;
(c) The subscriber has accepted the certificate; and
(d) The licensed certification authority has complied
with all applicable laws of this state governing issuance of the
certificate.
(4) By publishing a certificate, a licensed certification
authority certifies to the repository in which the certificate is
published and to all who reasonably rely on the information
contained in the certificate that the certification authority has
issued the certificate to the subscriber. [1997 c 27 § 32; 1996
c 250 § 303.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.230 Subscribers—Representations and duties
upon acceptance of certificate. (1) By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably
rely on the information contained in the certificate that:
(a) The subscriber rightfully holds the private key corresponding to the public key listed in the certificate;
(b) All representations made by the subscriber to the certification authority and material to the information listed in
the certificate are true; and
(c) All material representations made by the subscriber
to a certification authority or made in the certificate and not
confirmed by the certification authority in issuing the certificate are true.
(2) By requesting on behalf of a principal the issuance of
a certificate naming the principal as subscriber, the requesting person certifies in that person's own right to all who reasonably rely on the information contained in the certificate
that the requesting person:
(a) Holds all authority legally required to apply for issuance of a certificate naming the principal as subscriber; and
(b) Has authority to sign digitally on behalf of the principal, and, if that authority is limited in any way, adequate safeguards exist to prevent a digital signature exceeding the
bounds of the person's authority.
(3) No person may disclaim or contractually limit the
application of this section, nor obtain indemnity for its
effects, if the disclaimer, limitation, or indemnity restricts liability for misrepresentation as against persons reasonably
relying on the certificate.
(4) By accepting a certificate, a subscriber undertakes to
indemnify the issuing certification authority for loss or damage caused by issuance or publication of a certificate in reliance on:
(a) A false and material representation of fact by the subscriber; or
(b) The failure by the subscriber to disclose a material
fact;
if the representation or failure to disclose was made either
with intent to deceive the certification authority or a person
relying on the certificate, or with negligence. If the certifica19.34.230
(2004 Ed.)
19.34.250
tion authority issued the certificate at the request of one or
more agents of the subscriber, the agent or agents personally
undertake to indemnify the certification authority under this
subsection, as if they were accepting subscribers in their own
right. The indemnity provided in this section may not be disclaimed or contractually limited in scope. However, a contract may provide consistent, additional terms regarding the
indemnification.
(5) In obtaining information of the subscriber material to
issuance of a certificate, the certification authority may
require the subscriber to certify the accuracy of relevant
information under oath or affirmation of truthfulness and
under penalty of perjury. [1996 c 250 § 304.]
19.34.231
19.34.231 Signature of a unit of government
required—City or county as certification authority—Unit
of state government prohibited from being certification
authority—Exceptions. (1) If a signature of a unit of state
or local government, including its appropriate officers or
employees, is required by statute, administrative rule, court
rule, or requirement of the office of financial management,
that unit of state or local government shall become a subscriber to a certificate issued by a licensed certification
authority for purposes of conducting official public business
with electronic records.
(2) A city or county may become a licensed certification
authority under RCW 19.34.100 for purposes of providing
services to local government, if authorized by ordinance
adopted by the city or county legislative authority.
(3) A unit of state government, except the secretary and
the department of information services, may not act as a certification authority. [1999 c 287 § 12; 1997 c 27 § 10.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.240
19.34.240 Private key—Control—Public disclosure
exemption. (1) By accepting a certificate issued by a
licensed certification authority, the subscriber identified in
the certificate assumes a duty to exercise reasonable care to
retain control of the private key and prevent its disclosure to
a person not authorized to create the subscriber's digital signature. The subscriber is released from this duty if the certificate expires or is revoked.
(2) A private key is the personal property of the subscriber who rightfully holds it.
(3) A private key in the possession of a state agency or
local agency, as those terms are defined by RCW 42.17.020,
is exempt from public inspection and copying under chapter
42.17 RCW. [1997 c 27 § 11; 1996 c 250 § 305.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.250
19.34.250 Suspension of certificate—Evidence—
Investigation—Notice—Termination—Limitation or preclusion by contract—Misrepresentation—Penalty—Contracts for regional enforcement by agencies—Rules. (1)
Unless the certification authority provides otherwise in the
certificate or its certification practice statement, the licensed
certification authority that issued a certificate that is not a
[Title 19 RCW—page 89]
19.34.260
Title 19 RCW: Business Regulations—Miscellaneous
transactional certificate must suspend the certificate for a
period not to exceed five business days:
(a) Upon request by a person whom the certification
authority reasonably believes to be: (i) The subscriber named
in the certificate; (ii) a person duly authorized to act for that
subscriber; or (iii) a person acting on behalf of the unavailable subscriber; or
(b) By order of the secretary under RCW 19.34.210(7).
The certification authority need not confirm the identity
or agency of the person requesting suspension. The certification authority may require the person requesting suspension
to provide evidence, including a statement under oath or
affirmation, regarding the requestor's identity, authorization,
or the unavailability of the subscriber. Law enforcement
agencies may investigate suspensions for possible wrongdoing by persons requesting suspension.
(2) Unless the certification authority provides otherwise
in the certificate or its certification practice statement, the
secretary may suspend a certificate issued by a licensed certification authority for a period not to exceed five business
days, if:
(a) A person identifying himself or herself as the subscriber named in the certificate, a person authorized to act for
that subscriber, or a person acting on behalf of that unavailable subscriber requests suspension; and
(b) The requester represents that the certification authority that issued the certificate is unavailable.
The secretary may require the person requesting suspension to provide evidence, including a statement under oath or
affirmation, regarding his or her identity, authorization, or the
unavailability of the issuing certification authority, and may
decline to suspend the certificate in its discretion. Law
enforcement agencies may investigate suspensions by the
secretary for possible wrongdoing by persons requesting suspension.
(3) Immediately upon suspension of a certificate by a
licensed certification authority, the licensed certification
authority must give notice of the suspension according to the
specification in the certificate. If one or more repositories are
specified, then the licensed certification authority must publish a signed notice of the suspension in all the repositories. If
a repository no longer exists or refuses to accept publication,
or if no repository is recognized under RCW 19.34.400, the
licensed certification authority must also publish the notice in
a recognized repository. If a certificate is suspended by the
secretary, the secretary must give notice as required in this
subsection for a licensed certification authority, provided that
the person requesting suspension pays in advance any fee
required by a repository for publication of the notice of suspension.
(4) A certification authority must terminate a suspension
initiated by request only:
(a) If the subscriber named in the suspended certificate
requests termination of the suspension, the certification
authority has confirmed that the person requesting suspension is the subscriber or an agent of the subscriber authorized
to terminate the suspension; or
(b) When the certification authority discovers and confirms that the request for the suspension was made without
authorization by the subscriber. However, this subsection
[Title 19 RCW—page 90]
(4)(b) does not require the certification authority to confirm a
request for suspension.
(5) The contract between a subscriber and a licensed certification authority may limit or preclude requested suspension by the certification authority, or may provide otherwise
for termination of a requested suspension. However, if the
contract limits or precludes suspension by the secretary when
the issuing certification authority is unavailable, the limitation or preclusion is effective only if notice of it is published
in the certificate.
(6) No person may knowingly or intentionally misrepresent to a certification authority his or her identity or authorization in requesting suspension of a certificate. Violation of
this subsection is a gross misdemeanor.
(7) The secretary may authorize other state or local governmental agencies to perform any of the functions of the secretary under this section upon a regional basis. The authorization must be formalized by an agreement under chapter 39.34
RCW. The secretary may provide by rule the terms and conditions of the regional services.
(8) A suspension under this section must be completed
within twenty-four hours of receipt of all information
required in this section. [2000 c 171 § 51; 1999 c 287 § 13;
1997 c 27 § 12; 1996 c 250 § 306.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.260 Revocation of certificate—Confirmation—
Notice—Release from security duty—Discharge of warranties. (1) A licensed certification authority must revoke a
certificate that it issued but which is not a transactional certificate, after:
(a) Receiving a request for revocation by the subscriber
named in the certificate; and
(b) Confirming that the person requesting revocation is
the subscriber, or is an agent of the subscriber with authority
to request the revocation.
(2) A licensed certification authority must confirm a
request for revocation and revoke a certificate within one
business day after receiving both a subscriber's written
request and evidence reasonably sufficient to confirm the
identity and any agency of the person requesting the revocation.
(3) A licensed certification authority must revoke a certificate that it issued:
(a) Upon receiving a certified copy of the subscriber's
death certificate, or upon confirming by other evidence that
the subscriber is dead; or
(b) Upon presentation of documents effecting a dissolution of the subscriber, or upon confirming by other evidence
that the subscriber has been dissolved or has ceased to exist,
except that if the subscriber is dissolved and is reinstated or
restored before revocation is completed, the certification
authority is not required to revoke the certificate.
(4) A licensed certification authority may revoke one or
more certificates that it issued if the certificates are or
become unreliable, regardless of whether the subscriber consents to the revocation and notwithstanding a provision to the
contrary in a contract between the subscriber and certification
authority.
19.34.260
(2004 Ed.)
Washington Electronic Authentication Act
19.34.290
(5) Immediately upon revocation of a certificate by a
licensed certification authority, the licensed certification
authority must give notice of the revocation according to the
specification in the certificate. If one or more repositories are
specified, then the licensed certification authority must publish a signed notice of the revocation in all repositories. If a
repository no longer exists or refuses to accept publication, or
if no repository is recognized under RCW 19.34.400, then the
licensed certification authority must also publish the notice in
a recognized repository.
(6) A subscriber ceases to certify, as provided in RCW
19.34.230, and has no further duty to keep the private key
secure, as required by RCW 19.34.240, in relation to the certificate whose revocation the subscriber has requested, beginning at the earlier of either:
(a) When notice of the revocation is published as
required in subsection (5) of this section; or
(b) One business day after the subscriber requests revocation in writing, supplies to the issuing certification authority information reasonably sufficient to confirm the request,
and pays any contractually required fee.
(7) Upon notification as required by subsection (5) of
this section, a licensed certification authority is discharged of
its warranties based on issuance of the revoked certificate, as
to transactions occurring after the notification, and ceases to
certify as provided in RCW 19.34.220 (2) and (3) in relation
to the revoked certificate. [1997 c 27 § 13; 1996 c 250 §
307.]
(i) Punitive or exemplary damages. Nothing in this chapter may be interpreted to permit punitive or exemplary damages that would not otherwise be permitted by the law of this
state; or
(ii) Damages for pain or suffering.
(3) Nothing in subsection (2)(a) of this section relieves a
licensed certification authority of its liability for breach of
any of the warranties or certifications it gives under RCW
19.34.220 or for its lack of good faith, which warranties and
obligation of good faith may not be disclaimed. However, the
standards by which the performance of a licensed certification authority's obligation of good faith is to be measured
may be determined by agreement or notification complying
with subsection (4) of this section if the standards are not
manifestly unreasonable. The liability of a licensed certification authority under this subsection is subject to the limitations in subsection (2)(b) and (c) of this section unless the
limits are waived by the licensed certification authority.
(4) Consequential or incidental damages may be liquidated, or may otherwise be limited, altered, or excluded
unless the limitation, alteration, or exclusion is unconscionable. A licensed certification authority may liquidate, limit,
alter, or exclude consequential or incidental damages as provided in this subsection by agreement or by notifying any
person who will rely on a certificate of the liquidation, limitation, alteration, or exclusion before the person relies on the
certificate. [1999 c 287 § 14; 1997 c 27 § 14; 1996 c 250 §
309.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.270 Certificate—Expiration. (1) A certificate
must indicate the date on which it expires.
(2) When a certificate expires, the subscriber and certification authority cease to certify as provided in this chapter
and the certification authority is discharged of its duties
based on issuance, in relation to the expired certificate. [1996
c 250 § 308.]
19.34.270
19.34.280 Recommended reliance limit—Liability—
Damages. (1) By clearly specifying a recommended reliance
limit in a certificate and in the certification practice statement, the issuing certification authority recommends that
persons rely on the certificate only to the extent that the total
amount at risk does not exceed the recommended reliance
limit.
(2) Subject to subsection (3) of this section, unless a
licensed certification authority waives application of this subsection, a licensed certification authority is:
(a) Not liable for a loss caused by reliance on a false or
forged digital signature of a subscriber, if, with respect to the
false or forged digital signature, the certification authority
complied with all material requirements of this chapter;
(b) Not liable in excess of the amount specified in the
certificate as its recommended reliance limit for either:
(i) A loss caused by reliance on a misrepresentation in
the certificate of a fact that the licensed certification authority
is required to confirm; or
(ii) Failure to comply with RCW 19.34.210 in issuing the
certificate;
(c) Not liable for:
19.34.280
(2004 Ed.)
19.34.290 Collection based on suitable guaranty—
Proceeds—Attorneys' fees—Costs—Notice—Recovery of
qualified right of payment. (1)(a) If the suitable guaranty is
a surety bond, a person may recover from the surety the full
amount of a qualified right to payment against the principal
named in the bond, or, if there is more than one such qualified
right to payment during the term of the bond, a ratable share,
up to a maximum total liability of the surety equal to the
amount of the bond.
(b) If the suitable guaranty is a letter of credit, a person
may recover from the issuing financial institution only in
accordance with the terms of the letter of credit.
Claimants may recover successively on the same suitable guaranty, provided that the total liability on the suitable
guaranty to all persons making qualified rights of payment
during its term must not exceed the amount of the suitable
guaranty.
(2) In addition to recovering the amount of a qualified
right to payment, a claimant may recover from the proceeds
of the guaranty, until depleted, the attorneys' fees, reasonable
in amount, and court costs incurred by the claimant in collecting the claim, provided that the total liability on the suitable
guaranty to all persons making qualified rights of payment or
recovering attorneys' fees during its term must not exceed the
amount of the suitable guaranty.
(3) To recover a qualified right to payment against a
surety or issuer of a suitable guaranty, the claimant must:
(a) File written notice of the claim with the secretary
stating the name and address of the claimant, the amount
19.34.290
[Title 19 RCW—page 91]
19.34.291
Title 19 RCW: Business Regulations—Miscellaneous
claimed, and the grounds for the qualified right to payment,
and any other information required by rule by the secretary;
and
(b) Append to the notice a certified copy of the judgment
on which the qualified right to payment is based.
Recovery of a qualified right to payment from the proceeds of the suitable guaranty is barred unless the claimant
substantially complies with this subsection (3).
(4) Recovery of a qualified right to payment from the
proceeds of a suitable guaranty are forever barred unless
notice of the claim is filed as required in subsection (3)(a) of
this section within three years after the occurrence of the violation of this chapter that is the basis for the claim. Notice
under this subsection need not include the requirement
imposed by subsection (3)(b) of this section. [1996 c 250 §
310.]
19.34.291 Discontinuation of certification authority
services—Duties of authority—Continuation of guaranty—Process to maintain and update records—Rules—
Costs. (1) A licensed certification authority that discontinues
providing certification authority services shall:
(a) Notify all subscribers listed in valid certificates
issued by the certification authority, before discontinuing services;
(b) Minimize, to the extent commercially reasonable,
disruption to the subscribers of valid certificates and relying
parties; and
(c) Make reasonable arrangements for preservation of
the certification authority's records.
(2) A suitable guaranty of a licensed certification authority may not be released until the expiration of the term specified in the guaranty.
(3) The secretary may provide by rule for a process by
which the secretary may, in any combination, receive, administer, or disburse the records of a licensed certification
authority or a recognized repository that discontinues providing services, for the purpose of maintaining access to the
records and revoking any previously issued valid certificates
in a manner that minimizes disruption to subscribers and
relying parties. The secretary's rules may include provisions
by which the secretary may recover costs incurred in doing
so. [1997 c 27 § 15.]
19.34.291
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.300 Satisfaction of signature requirements. (1)
Where a rule of law requires a signature, or provides for certain consequences in the absence of a signature, that rule is
satisfied by a digital signature, if:
(a) The digital signature is verified by reference to the
public key listed in a valid certificate issued by a licensed certification authority;
(b) The digital signature was affixed by the signer with
the intention of signing the message; and
(c) The recipient has no knowledge or notice that the
signer either:
(i) Breached a duty as a subscriber; or
(ii) Does not rightfully hold the private key used to affix
the digital signature.
(2) Nothing in this chapter:
(a) Precludes a mark from being valid as a signature
under other applicable law;
(b) May be construed to obligate a recipient or any other
person asked to rely on a digital signature to accept a digital
signature or to respond to an electronic message containing a
digital signature except as provided in RCW 19.34.321; or
(c) Precludes the recipient of a digital signature or an
electronic message containing a digital signature from establishing the conditions under which the recipient will accept a
digital signature. [1997 c 27 § 16; 1996 c 250 § 401.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.305
19.34.305 Acceptance of digital signature in reasonable manner. Acceptance of a digital signature may be
made in any manner reasonable in the circumstances. [1997
c 27 § 31.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.310 Unreliable digital signatures—Risk.
Unless otherwise provided by law or contract, the recipient of
a digital signature assumes the risk that a digital signature is
forged, if reliance on the digital signature is not reasonable
under the circumstances. [1997 c 27 § 17; 1996 c 250 § 402.]
19.34.310
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.311
19.34.311 Reasonableness of reliance—Factors. The
following factors, among others, are significant in evaluating
the reasonableness of a recipient's reliance upon a certificate
and upon the digital signatures verifiable with reference to
the public key listed in the certificate:
(1) Facts which the relying party knows or of which the
relying party has notice, including all facts listed in the certificate or incorporated in it by reference;
(2) The value or importance of the digitally signed message, if known;
(3) The course of dealing between the relying person and
subscriber and the available indicia of reliability or unreliability apart from the digital signature; and
(4) Usage of trade, particularly trade conducted by trustworthy systems or other computer-based means. [1997 c 27
§ 18.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.300
[Title 19 RCW—page 92]
19.34.320
19.34.320 Digital message as written on paper—
Requirements—Other requirements not affected—
Exception from uniform commercial code. A message is
as valid, enforceable, and effective as if it had been written on
paper, if it:
(1) Bears in its entirety a digital signature; and
(2) That digital signature is verified by the public key
listed in a certificate that:
(a) Was issued by a licensed certification authority; and
(b) Was valid at the time the digital signature was created.
Nothing in this chapter shall be construed to eliminate,
modify, or condition any other requirements for a contract to
be valid, enforceable, and effective. No digital message shall
(2004 Ed.)
Washington Electronic Authentication Act
be deemed to be an instrument under Title 62A RCW unless
all parties to the transaction agree, including financial institutions affected. [1997 c 27 § 19; 1996 c 250 § 403.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.321
19.34.321 Acceptance of certified court documents in
electronic form—Requirements—Rules of court on use in
proceedings. (1) A person may not refuse to honor, accept,
or act upon a court order, writ, or warrant upon the basis that
it is electronic in form and signed with a digital signature, if
the digital signature was certified by a licensed certification
authority or otherwise issued under court rule. This section
applies to a paper printout of a digitally signed document, if
the printout reveals that the digital signature was electronically verified before the printout, and in the absence of a finding that the document has been altered.
(2) Nothing in this chapter shall be construed to limit the
authority of the supreme court to adopt rules of pleading,
practice, or procedure, or of the court of appeals or superior
courts to adopt supplementary local rules, governing the use
of electronic messages or documents, including rules governing the use of digital signatures, in judicial proceedings.
[1997 c 27 § 20.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.330
19.34.330 Digital message deemed original. A digitally signed message shall be deemed to be an original of the
message. [1999 c 287 § 15; 1996 c 250 § 404.]
19.34.400
19.34.350
19.34.350 Adjudicating disputes—Presumptions. In
adjudicating a dispute involving a digital signature, it is
rebuttably presumed that:
(1) A certificate digitally signed by a licensed certification authority and either published in a recognized repository,
or made available by the issuing certification authority or by
the subscriber listed in the certificate is issued by the certification authority that digitally signed it and is accepted by the
subscriber listed in it.
(2) The information listed in a valid certificate and confirmed by a licensed certification authority issuing the certificate is accurate.
(3) If a digital signature is verified by the public key
listed in a valid certificate issued by a licensed certification
authority:
(a) That digital signature is the digital signature of the
subscriber listed in that certificate;
(b) That digital signature was affixed by that subscriber
with the intention of signing the message;
(c) The message associated with the digital signature has
not been altered since the signature was affixed; and
(d) The recipient of that digital signature has no knowledge or notice that the signer:
(i) Breached a duty as a subscriber; or
(ii) Does not rightfully hold the private key used to affix
the digital signature.
(4) A digital signature was created before it was time
stamped by a disinterested person utilizing a trustworthy system. [1997 c 27 § 22; 1996 c 250 § 406.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
Effective date—1999 c 287: See note following RCW 19.34.010.
19.34.351
19.34.340
19.34.340 Certificate as acknowledgment—Requirements—Exception—Responsibility of certification
authority. (1) Unless otherwise provided by law or contract,
if so provided in the certificate issued by a licensed certification authority, a digital signature verified by reference to the
public key listed in a valid certificate issued by a licensed certification authority satisfies the requirements for an acknowledgment under RCW 42.44.010(4) and for acknowledgment
of deeds and other real property conveyances under RCW
64.04.020 if words of an express acknowledgment appear
with the digital signature regardless of whether the signer
personally appeared before either the certification authority
or some other person authorized to take acknowledgments of
deeds, mortgages, or other conveyance instruments under
RCW 64.08.010 when the digital signature was created, if
that digital signature is:
(a) Verifiable by that certificate; and
(b) Affixed when that certificate was valid.
(2) If the digital signature is used as an acknowledgment,
then the certification authority is responsible to the same
extent as a notary up to the recommended reliance limit for
failure to satisfy the requirements for an acknowledgment.
The certification authority may not disclaim or limit, other
than as provided in RCW 19.34.280, the effect of this section.
[1997 c 27 § 21; 1996 c 250 § 405.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
(2004 Ed.)
19.34.351 Alteration of chapter by agreement—
Exceptions. The effect of this chapter may be varied by
agreement, except:
(1) A person may not disclaim responsibility for lack of
good faith, but parties may by agreement determine the standards by which the duty of good faith is to be measured if the
standards are not manifestly unreasonable; and
(2) As otherwise provided in this chapter. [1997 c 27 §
34.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.360
19.34.360 Presumptions of validity/limitations on liability—Conformance with chapter. The presumptions of
validity and reasonableness of conduct, and the limitations on
liability in this chapter do not apply to electronic records or
electronic signatures except for digital signatures created in
conformance with all of the requirements of this chapter and
rules adopted under this chapter. [1999 c 287 § 3.]
Effective date—1999 c 287: See note following RCW 19.34.010.
19.34.400
19.34.400 Recognition of repositories—Application—Discontinuance—Procedure. (1) The secretary must
recognize one or more repositories, after finding that a repository to be recognized:
(a) Is a licensed certification authority;
(b) Includes, or will include, a data base containing:
(i) Certificates published in the repository;
[Title 19 RCW—page 93]
19.34.410
Title 19 RCW: Business Regulations—Miscellaneous
(ii) Notices of suspended or revoked certificates published by licensed certification authorities or other persons
suspending or revoking certificates; and
(iii) Other information adopted by rule by the secretary;
(c) Operates by means of a trustworthy system, that may,
under administrative rule of the secretary, include additional
or different attributes than those applicable to a certification
authority that does not operate as a recognized repository;
(d) Contains no significant amount of information that is
known or likely to be untrue, inaccurate, or not reasonably
reliable;
(e) Keeps a record of certificates that have been suspended or revoked, or that have expired, in accordance with
requirements adopted by rule by the secretary; and
(f) Complies with other reasonable requirements adopted
by rule by the secretary.
(2) A repository may apply to the secretary for recognition by filing a written request and providing evidence to the
secretary sufficient for the secretary to find that the conditions for recognition are satisfied, in accordance with requirements adopted by rule by the secretary.
(3) A repository may discontinue its recognition by filing
thirty days' written notice with the secretary, upon meeting
any conditions for discontinuance adopted by rule by the secretary. In addition the secretary may discontinue recognition
of a repository in accordance with the administrative procedure act, chapter 34.05 RCW, if the secretary concludes that
the repository no longer satisfies the conditions for recognition listed in this section or in rules adopted by the secretary.
[1999 c 287 § 16; 1997 c 27 § 23; 1996 c 250 § 501.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.410
19.34.410 Repositories—Liability—Exemptions—
Liquidation, limitation, alteration, or exclusion of damages. (1) Notwithstanding a disclaimer by the repository or a
contract to the contrary between the repository, a certification
authority, or a subscriber, a repository is liable for a loss
incurred by a person reasonably relying on a digital signature
verified by the public key listed in a certificate that has been
suspended or revoked by the licensed certification authority
that issued the certificate, if loss was incurred more than one
business day after receipt by the repository of a request from
the issuing licensed certification authority to publish notice
of the suspension or revocation, and the repository had failed
to publish the notice when the person relied on the digital signature.
(2) Unless waived, a recognized repository or the owner
or operator of a recognized repository is:
(a) Not liable for failure to record publication of a suspension or revocation, unless the repository has received
notice of publication and one business day has elapsed since
the notice was received;
(b) Not liable under subsection (1) of this section in
excess of the amount specified in the certificate as the recommended reliance limit;
(c) Not liable under subsection (1) of this section for:
(i) Punitive or exemplary damages; or
(ii) Damages for pain or suffering;
[Title 19 RCW—page 94]
(d) Not liable for misrepresentation in a certificate published by a licensed certification authority;
(e) Not liable for accurately recording or reporting information that a licensed certification authority, or court clerk,
or the secretary has published as required or permitted in this
chapter, including information about suspension or revocation of a certificate;
(f) Not liable for reporting information about a certification authority, a certificate, or a subscriber, if the information
is published as required or permitted in this chapter or a rule
adopted by the secretary, or is published by order of the secretary in the performance of the licensing and regulatory
duties of that office under this chapter.
(3) Consequential or incidental damages may be liquidated, or may otherwise be limited, altered, or excluded
unless the limitation, alteration, or exclusion is unconscionable. A recognized repository may liquidate, limit, alter, or
exclude damages as provided in this subsection by agreement, or by notifying any person who will rely on a digital
signature verified by the public key listed in a suspended or
revoked certificate of the liquidation, limitation, alteration, or
exclusion before the person relies on the certificate. [1999 c
287 § 17; 1997 c 27 § 33; 1996 c 250 § 502.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.420
19.34.420 Confidentiality of certain records—Limited access to state auditor. (1) The following information,
when in the possession of the secretary, the department of
information services, or the state auditor for purposes of this
chapter, shall not be made available for public disclosure,
inspection, or copying, unless the request is made under an
order of a court of competent jurisdiction based upon an
express written finding that the need for the information outweighs any reason for maintaining the privacy and confidentiality of the information or records:
(a) A trade secret, as defined by RCW 19.108.010; and
(b) Information regarding design, security, or programming of a computer system used for purposes of licensing or
operating a certification authority or repository under this
chapter.
(2) The state auditor, or an authorized agent, must be
given access to all information referred to in subsection (1) of
this section for the purpose of conducting audits under this
chapter or under other law, but shall not make that information available for public inspection or copying except as provided in subsection (1) of this section. [1998 c 33 § 2.]
19.34.500
19.34.500 Rule making. The secretary of state may
adopt rules to implement this chapter beginning July 27,
1997, but the rules may not take effect until January 1, 1998.
[1997 c 27 § 24; 1996 c 250 § 603.]
Severability—1997 c 27: See note following RCW 19.34.030.
19.34.501
19.34.501 Chapter supersedes and preempts local
actions. This chapter supersedes and preempts all local laws
or ordinances regarding the same subject matter. [1997 c 27
§ 25.]
(2004 Ed.)
Contracts and Credit Agreements Requiring Writings
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.502 Criminal prosecution not precluded—
Remedies not exclusive—Injunctive relief availability.
This chapter does not preclude criminal prosecution under
other laws of this state, nor may any provision of this chapter
be regarded as an exclusive remedy for a violation. Injunctive
relief may not be denied to a party regarding conduct governed by this chapter on the basis that the conduct is also subject to potential criminal prosecution. [1997 c 27 § 26.]
19.34.502
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.503 Jurisdiction, venue, choice of laws. Issues
regarding jurisdiction, venue, and choice of laws for all
actions involving digital signatures must be determined
according to the same principles as if all transactions had
been performed through paper documents. [1997 c 27 § 27.]
19.34.503
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.36.120
Conveyances of real property: Chapter 64.04 RCW.
Fraudulent conveyances: Chapter 19.40 RCW.
Leases of real property: RCW 59.04.010.
19.36.010
19.36.010 Contracts, etc., void unless in writing. In
the following cases, specified in this section, any agreement,
contract and promise shall be void, unless such agreement,
contract or promise, or some note or memorandum thereof,
be in writing, and signed by the party to be charged therewith,
or by some person thereunto by him lawfully authorized, that
is to say: (1) Every agreement that by its terms is not to be
performed in one year from the making thereof; (2) every
special promise to answer for the debt, default, or misdoings
of another person; (3) every agreement, promise or undertaking made upon consideration of marriage, except mutual
promises to marry; (4) every special promise made by an
executor or administrator to answer damages out of his own
estate; (5) an agreement authorizing or employing an agent or
broker to sell or purchase real estate for compensation or a
commission. [1905 c 58 § 1; RRS § 5825. Prior: Code 1881
§ 2325; 1863 p 412 § 2; 1860 p 298 § 2; 1854 p 403 § 2.]
19.34.900
19.34.900 Short title. This chapter shall be known and
may be cited as the Washington electronic authentication act.
[1996 c 250 § 101.]
19.34.901 Effective date—1996 c 250. (1) Sections
101 through 601, 604, and 605, chapter 250, Laws of 1996
take effect January 1, 1998.
(2) Sections 602 and 603, chapter 250, Laws of 1996
take effect July 27, 1997. [2000 c 171 § 52; 1997 c 27 § 28;
1996 c 250 § 602.]
19.34.901
Severability—1997 c 27: See note following RCW 19.34.030.
19.34.902 Severability—1996 c 250. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1996 c 250 § 604.]
19.34.902
19.36.020
19.36.020 Deeds, etc., in trust for grantor void as to
creditors. That all deeds of gift, all conveyances, and all
transfers or assignments, verbal or written, of goods, chattels
or things in action, made in trust for the use of the person
making the same, shall be void as against the existing or subsequent creditors of such person. [Code 1881 § 2324; RRS §
5824. Prior: 1863 p 412 § 1; 1860 p 298 § 1; 1854 p 403 § 1.]
19.36.100
19.36.100 "Credit agreement" defined. "Credit
agreement" means an agreement, promise, or commitment to
lend money, to otherwise extend credit, to forbear with
respect to the repayment of any debt or the exercise of any
remedy, to modify or amend the terms under which the creditor has lent money or otherwise extended credit, to release
any guarantor or cosigner, or to make any other financial
accommodation pertaining to a debt or other extension of
credit. [2000 c 171 § 53; 1990 c 211 § 1.]
19.34.903
19.34.903 Part headings and section captions not
law—1996 c 250. Part headings and section captions as used
in this act do not constitute any part of the law. [1996 c 250
§ 605.]
Chapter 19.36 RCW
CONTRACTS AND CREDIT AGREEMENTS
REQUIRING WRITINGS
Chapter 19.36
Sections
19.36.010
19.36.020
19.36.100
19.36.110
19.36.120
19.36.130
19.36.140
19.36.900
Contracts, etc., void unless in writing.
Deeds, etc., in trust for grantor void as to creditors.
"Credit agreement" defined.
Enforceability of credit agreements—Effect of oral agreements and partial performance.
Exempt agreements.
Notice required.
Notice—Form and contents.
Effective date—Application—1990 c 211.
Assignment for benefit of creditors: Chapter 7.08 RCW.
Contracts
by telegraph: RCW 5.52.010.
of minors: Chapters 26.28 and 26.30 RCW.
(2004 Ed.)
19.36.110
19.36.110 Enforceability of credit agreements—
Effect of oral agreements and partial performance. A
credit agreement is not enforceable against the creditor unless
the agreement is in writing and signed by the creditor. The
rights and obligations of the parties to a credit agreement
shall be determined solely from the written agreement, and
any prior or contemporaneous oral agreements between the
parties are superseded by, merged into, and may not vary the
credit agreement. Partial performance of a credit agreement
does not remove the agreement from the operation of this section. [1990 c 211 § 3.]
19.36.120
19.36.120 Exempt agreements. RCW 19.36.100
through 19.36.140 and 19.36.900 shall not apply to: (1) A
promise, agreement, undertaking, document, or commitment
relating to a credit card or charge card; or (2) a loan of money
or extension of credit to a natural person that is primarily for
personal, family, or household purposes and not primarily for
investment, business, agricultural, or commercial purposes.
[1990 c 211 § 2.]
[Title 19 RCW—page 95]
19.36.130
Title 19 RCW: Business Regulations—Miscellaneous
19.36.130
19.36.130 Notice required. If a notice complying with
RCW 19.36.140, is not given simultaneously with or before a
credit agreement is made, RCW 19.36.100 through 19.36.140
and 19.36.900 shall not apply to the credit agreement. Notice,
once given to a debtor, shall be effective as to all subsequent
credit agreements and effective against the debtor, and its
guarantors, successors, and assigns. [1990 c 211 § 4.]
19.36.140
19.36.140 Notice—Form and contents. The creditor
shall give notice to the other party on a separate document or
incorporated into one or more of the documents relating to a
credit agreement. The notice shall be in type that is bold face,
capitalized, underlined, or otherwise set out from surrounding written materials so it is conspicuous. The notice shall
state substantially the following:
Oral agreements or oral commitments to loan
money, extend credit, or to forbear from enforcing
repayment of a debt are not enforceable under
Washington law.
[1990 c 211 § 5.]
19.36.900
19.36.900 Effective date—Application—1990 c 211.
RCW 19.36.100 through 19.36.140 shall take effect July 1,
1990, and shall apply only to credit agreements entered into
on or after July 1, 1990. [1990 c 211 § 6.]
Chapter 19.40 RCW
UNIFORM FRAUDULENT TRANSFER ACT
Chapter 19.40
Sections
19.40.011
19.40.021
19.40.031
19.40.041
19.40.051
19.40.061
19.40.071
19.40.081
19.40.091
19.40.900
19.40.901
19.40.902
19.40.903
Definitions.
Insolvency.
Value.
Transfers fraudulent as to present and future creditors.
Transfers fraudulent as to present creditors.
When transfer is made or obligation is incurred.
Remedies of creditors.
Defenses, liability, and protection of transferee.
Extinguishment of cause of action.
Short title.
Captions not law.
Supplementary provisions.
Uniformity of application and construction.
Assignment for benefit of creditors: Chapter 7.08 RCW.
Conveyances of property to qualify for public assistance: RCW 74.08.331
through 74.08.338.
Disposal of property to defraud creditors, etc.: RCW 9.45.080 through
9.45.100.
19.40.011
19.40.011 Definitions. As used in this chapter:
(1) "Affiliate" means:
(i) A person who directly or indirectly owns, controls, or
holds with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person
who holds the securities;
(A) As a fiduciary or agent without sole discretionary
power to vote the securities; or
(B) Solely to secure a debt, if the person has not exercised the power to vote;
(ii) A corporation twenty percent or more of whose outstanding voting securities are directly or indirectly owned,
controlled, or held with power to vote, by the debtor or a per[Title 19 RCW—page 96]
son who directly or indirectly owns, controls, or holds with
power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person who holds the
securities:
(A) As a fiduciary or agent without sole power to vote
the securities; or
(B) Solely to secure a debt, if the person has not in fact
exercised the power to vote;
(iii) A person whose business is operated by the debtor
under a lease or other agreement, or a person substantially all
of whose assets are controlled by the debtor; or
(iv) A person who operates the debtor's business under a
lease or other agreement or controls substantially all of the
debtor's assets.
(2) "Asset" means property of a debtor, but the term does
not include:
(i) Property to the extent it is encumbered by a valid lien;
or
(ii) Property to the extent it is generally exempt under
nonbankruptcy law.
(3) "Claim" means a right to payment, whether or not the
right is reduced to judgment, liquidated, unliquidated, fixed,
contingent, matured, unmatured, disputed, undisputed, legal,
equitable, secured, or unsecured.
(4) "Creditor" means a person who has a claim.
(5) "Debt" means liability on a claim.
(6) "Debtor" means a person who is liable on a claim.
(7) "Insider" includes:
(i) If the debtor is an individual:
(A) A relative of the debtor or of a general partner of the
debtor;
(B) A partnership in which the debtor is a general partner;
(C) A general partner in a partnership described in subsection (7)(i)(B) of this section; or
(D) A corporation of which the debtor is a director,
officer, or person in control;
(ii) If the debtor is a corporation:
(A) A director of the debtor;
(B) An officer of the debtor;
(C) A person in control of the debtor;
(D) A partnership in which the debtor is a general partner;
(E) A general partner in a partnership described in subsection (7)(ii)(D) of this section; or
(F) A relative of a general partner, director, officer, or
person in control of the debtor;
(iii) If the debtor is a partnership:
(A) A general partner in the debtor;
(B) A relative of a general partner in, or a general partner
of, or a person in control of the debtor;
(C) Another partnership in which the debtor is a general
partner;
(D) A general partner in a partnership described in subsection (7)(iii)(C) of this section; or
(E) A person in control of the debtor;
(iv) An affiliate, or an insider of an affiliate as if the affiliate were the debtor; and
(v) A managing agent of the debtor.
(8) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obliga(2004 Ed.)
Uniform Fraudulent Transfer Act
tion, and includes a security interest created by agreement, a
judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
(9) "Person" means an individual, partnership, corporation, association, organization, government or governmental
subdivision or agency, business trust, estate, trust, or any
other legal or commercial entity.
(10) "Property" means anything that may be the subject
of ownership.
(11) "Relative" means an individual related by consanguinity within the third degree as determined by the common
law, a spouse, or an individual related to a spouse within the
third degree as so determined, and includes an individual in
an adoptive relationship within the third degree.
(12) "Transfer" means every mode, direct or indirect,
absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and
includes payment of money, release, lease, and creation of a
lien or other encumbrance.
(13) "Valid lien" means a lien that is effective against the
holder of a judicial lien subsequently obtained by legal or
equitable process or proceedings. [1987 c 444 § 1.]
Effective date—1987 c 444: "This act shall take effect July 1, 1988."
[1987 c 444 § 16.]
19.40.021
19.40.021 Insolvency. (a) A debtor is insolvent if the
sum of the debtor's debts is greater than all of the debtor's
assets, at a fair valuation.
(b) A debtor who is generally not paying his or her debts
as they become due is presumed to be insolvent.
(c) A partnership is insolvent under subsection (a) of this
section if the sum of the partnership's debts is greater than the
aggregate of all of the partnership's assets, at a fair valuation,
and the sum of the excess of the value of each general partner's nonpartnership assets over the partner's nonpartnership
debts.
(d) Assets under this section do not include property that
has been transferred, concealed, or removed with intent to
hinder, delay, or defraud creditors or that has been transferred
in a manner making the transfer voidable under this chapter.
(e) Debts under this section do not include an obligation
to the extent it is secured by a valid lien on property of the
debtor not included as an asset. [1987 c 444 § 2.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.031
19.40.031 Value. (a) Value is given for a transfer or an
obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise
made otherwise than in the ordinary course of the promisor's
business to furnish support to the debtor or another person.
(b) For the purposes of RCW 19.40.041(a)(2) and
19.40.051, a person gives a reasonably equivalent value if the
person acquires an interest of the debtor in an asset pursuant
to a regularly conducted, noncollusive foreclosure sale or
execution of a power of sale for the acquisition or disposition
of the interest of the debtor upon default under a mortgage,
deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange
between the debtor and the transferee is intended by them to
(2004 Ed.)
19.40.051
be contemporaneous and is in fact substantially contemporaneous. [1987 c 444 § 3.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.041
19.40.041 Transfers fraudulent as to present and
future creditors. (a) A transfer made or obligation incurred
by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the
obligation was incurred, if the debtor made the transfer or
incurred the obligation:
(1) With actual intent to hinder, delay, or defraud any
creditor of the debtor; or
(2) Without receiving a reasonably equivalent value in
exchange for the transfer or obligation, and the debtor:
(i) Was engaged or was about to engage in a business or
a transaction for which the remaining assets of the debtor
were unreasonably small in relation to the business or transaction; or
(ii) Intended to incur, or believed or reasonably should
have believed that he or she would incur, debts beyond his or
her ability to pay as they became due.
(b) In determining actual intent under subsection (a)(1)
of this section, consideration may be given, among other factors, to whether:
(1) The transfer or obligation was to an insider;
(2) The debtor retained possession or control of the property transferred after the transfer;
(3) The transfer or obligation was disclosed or concealed;
(4) Before the transfer was made or obligation was
incurred, the debtor had been sued or threatened with suit;
(5) The transfer was of substantially all the debtor's
assets;
(6) The debtor absconded;
(7) The debtor removed or concealed assets;
(8) The value of the consideration received by the debtor
was reasonably equivalent to the value of the asset transferred
or the amount of the obligation incurred;
(9) The debtor was insolvent or became insolvent shortly
after the transfer was made or the obligation was incurred;
(10) The transfer occurred shortly before or shortly after
a substantial debt was incurred; and
(11) The debtor transferred the essential assets of the
business to a lienor who transferred the assets to an insider of
the debtor. [1987 c 444 § 4.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.051
19.40.051 Transfers fraudulent as to present creditors. (a) A transfer made or obligation incurred by a debtor
is fraudulent as to a creditor whose claim arose before the
transfer was made or the obligation was incurred if the debtor
made the transfer or incurred the obligation without receiving
a reasonably equivalent value in exchange for the transfer or
obligation and the debtor was insolvent at that time or the
debtor became insolvent as a result of the transfer or obligation.
(b) A transfer made by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made if the
transfer was made to an insider for an antecedent debt, the
debtor was insolvent at that time, and the insider had reason[Title 19 RCW—page 97]
19.40.061
Title 19 RCW: Business Regulations—Miscellaneous
able cause to believe that the debtor was insolvent. [1987 c
444 § 5.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.081
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.061
19.40.061 When transfer is made or obligation is
incurred. For the purposes of this chapter:
(1) A transfer is made:
(i) With respect to an asset that is real property other than
a fixture, but including the interest of a seller or purchaser
under a contract for the sale of the asset, when the transfer is
so far perfected that a good-faith purchaser of the asset from
the debtor against whom applicable law permits the transfer
to be perfected cannot acquire an interest in the asset that is
superior to the interest of the transferee; and
(ii) With respect to an asset that is not real property or
that is a fixture, when the transfer is so far perfected that a
creditor on a simple contract cannot acquire a judicial lien
otherwise than under this chapter that is superior to the interest of the transferee;
(2) If applicable law permits the transfer to be perfected
as provided in subsection (1) of this section and the transfer is
not so perfected before the commencement of an action for
relief under this chapter, the transfer is deemed made immediately before the commencement of the action;
(3) If applicable law does not permit the transfer to be
perfected as provided in subsection (1) of this section, the
transfer is made when it becomes effective between the
debtor and the transferee;
(4) A transfer is not made until the debtor has acquired
rights in the asset transferred;
(5) An obligation is incurred:
(i) If oral, when it becomes effective between the parties;
or
(ii) If evidenced by a writing, when the writing executed
by the obligor is delivered to or for the benefit of the obligee.
[1987 c 444 § 6.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.071
19.40.071 Remedies of creditors. (a) In an action for
relief against a transfer or obligation under this chapter, a
creditor, subject to the limitations in RCW 19.40.081, may
obtain:
(1) Avoidance of the transfer or obligation to the extent
necessary to satisfy the creditor's claim;
(2) An attachment or other provisional remedy against
the asset transferred or other property of the transferee in
accordance with the procedure prescribed by chapter 6.25
RCW;
(3) Subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(i) An injunction against further disposition by the debtor
or a transferee, or both, of the asset transferred or of other
property;
(ii) Appointment of a receiver to take charge of the asset
transferred or of other property of the transferee; or
(iii) Any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim
against the debtor, the creditor, if the court so orders, may
levy execution on the asset transferred or its proceeds. [2000
c 171 § 54; 1987 c 444 § 7.]
[Title 19 RCW—page 98]
19.40.081 Defenses, liability, and protection of transferee. (a) A transfer or obligation is not voidable under RCW
19.40.041(a)(1) against a person who took in good faith and
for a reasonably equivalent value or against any subsequent
transferee or obligee.
(b) Except as otherwise provided in this section, to the
extent a transfer is voidable in an action by a creditor under
RCW 19.40.071(a)(1), the creditor may recover judgment for
the value of the asset transferred, as adjusted under subsection (c) of this section, or the amount necessary to satisfy the
creditor's claim, whichever is less. The judgment may be
entered against:
(1) The first transferee of the asset or the person for
whose benefit the transfer was made; or
(2) Any subsequent transferee other than a good-faith
transferee or obligee who took for value or from any subsequent transferee or obligee.
(c) If the judgment under subsection (b) of this section is
based upon the value of the asset transferred, the judgment
must be for an amount equal to the value of the asset at the
time of the transfer, subject to adjustment as the equities may
require.
(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good-faith transferee or obligee is
entitled, to the extent of the value given the debtor for the
transfer or obligation, to:
(1) A lien on or a right to retain any interest in the asset
transferred;
(2) Enforcement of any obligation incurred; or
(3) A reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under RCW
19.40.041(a)(2) or 19.40.051 if the transfer results from:
(1) Termination of a lease upon default by the debtor
when the termination is pursuant to the lease and applicable
law; or
(2) Enforcement of a security interest in compliance with
Article 9A of Title 62A RCW.
(f) A transfer is not voidable under RCW 19.40.051(b):
(1) To the extent the insider gave new value to or for the
benefit of the debtor after the transfer was made unless the
new value was secured by a valid lien;
(2) If made in the ordinary course of business or financial affairs of the debtor and the insider; or
(3) If made pursuant to a good-faith effort to rehabilitate
the debtor and the transfer secured present value given for
that purpose as well as an antecedent debt of the debtor.
[2001 c 32 § 1; 1987 c 444 § 8.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.091
19.40.091 Extinguishment of cause of action. A cause
of action with respect to a fraudulent transfer or obligation
under this chapter is extinguished unless action is brought:
(a) Under RCW 19.40.041(a)(1), within four years after
the transfer was made or the obligation was incurred or, if
later, within one year after the transfer or obligation was or
could reasonably have been discovered by the claimant;
(2004 Ed.)
Hotels, Lodging Houses, Etc.—Restaurants
(b) Under RCW 19.40.041(a)(2) or 19.40.051(a), within
four years after the transfer was made or the obligation was
incurred; or
(c) Under RCW 19.40.051(b), within one year after the
transfer was made or the obligation was incurred. [1987 c
444 § 9.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.48.030
RCW, or any amendment thereof, it shall be construed to
mean a hotel as herein described. [1999 c 95 § 1; 1929 c 216
§ 1; 1915 c 190 § 1; 1909 c 29 § 1; RRS § 6860. FORMER
PART OF SECTION: 1933 c 114 § 1, part; 1929 c 216 § 2,
part; 1915 c 190 § 3, part; 1890 p 95 § 1, part; RRS § 6862,
part, now codified in RCW 19.48.030.]
Guest defined: RCW 60.64.010.
19.40.900
19.40.900 Short title. This chapter may be cited as the
uniform fraudulent transfer act. [1987 c 444 § 12.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.901
19.40.901 Captions not law. Section headings as used
in this chapter do not constitute any part of the law. [1987 c
444 § 13.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.48.020
19.48.020 Record of guests—Hotels and trailer
camps. Every hotel and trailer camp shall keep a record of
the arrival and departure of its guests in such a manner that
the record will be a permanent one for at least one year from
the date of departure: PROVIDED, That this requirement
shall not apply with respect to guests of tenants in mobile
home parks, as defined in RCW 59.20.030. [1979 ex.s. c 186
§ 14; 1955 c 138 § 1; 1915 c 190 § 2; RRS § 6861.]
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
19.40.902
19.40.902 Supplementary provisions. Unless displaced by the provisions of this chapter, the principles of law
and equity, including the law merchant and the law relating to
principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions. [1987 c
444 § 10.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.903
19.40.903 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect
to the subject of this chapter among states enacting it. [1987
c 444 § 11.]
Effective date—1987 c 444: See note following RCW 19.40.011.
Chapter 19.48
Chapter 19.48 RCW
HOTELS, LODGING HOUSES,
ETC.—RESTAURANTS
Sections
19.48.010
19.48.020
19.48.030
19.48.070
19.48.110
19.48.900
Definitions.
Record of guests—Hotels and trailer camps.
Liability for loss of valuables when safe or vault furnished—
Limitation.
Liability for loss of baggage and other property—Limitation—
Storage—Disposal.
Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud—Penalty.
Severability—1929 c 216.
Alcoholic beverage control: Title 66 RCW.
Discrimination: Chapter 49.60 RCW, RCW 9.91.010.
Hotel and restaurant safety regulations: Chapter 70.62 RCW.
Lien of hotels and lodging and boarding houses: Chapter 60.64 RCW.
19.48.010
19.48.010 Definitions. Any building held out to the
public to be an inn, hotel or public lodging house or place
where sleeping accommodations, whether with or without
meals, or the facilities for preparing the same, are furnished
for hire to transient guests, in which three or more rooms are
used for the accommodation of such guests, shall for the purposes of this chapter and chapter 60.64 RCW, or any amendment thereof, only, be defined to be a hotel, and whenever the
word hotel shall occur in this chapter and chapter 60.64
(2004 Ed.)
19.48.030
19.48.030 Liability for loss of valuables when safe or
vault furnished—Limitation. Whenever the proprietor,
keeper, owner, operator, lessee, or manager of any hotel,
lodging house or inn shall provide a safe or vault for the safekeeping of any money, bank notes, jewelry, precious stones,
ornaments, railroad mileage books or tickets, negotiable
securities or other valuable papers, bullion, or other valuable
property of small compass belonging to the guests, boarders
or lodgers of such hotel, lodging house or inn, and shall
notify the guests, boarders or lodgers thereof by posting a
notice in three or more public and conspicuous places in the
office, elevators, public rooms, elevator lobbies, public corridors, halls or entrances, or in the public parlors of such hotel,
lodging house or inn, stating the fact that such safe or vault is
provided in which such property may be deposited; and if
such guests, boarders or lodgers shall neglect to deliver such
property to the person in charge of such office, for deposit in
the safe or vault, the proprietor, keeper, owner, operator, lessee or manager, whether individual, partnership or corporation, of such hotel, lodging house or inn shall not be liable for
any loss or destruction of any such property, or any damage
thereto, sustained by such guests, boarders or lodgers, by
negligence of such proprietor, keeper, owner, operator, lessee
or manager, or his, her, their or its employees, or by fire,
theft, burglary, or any other cause whatsoever; but no proprietor, keeper, owner, operator, lessee or manager of any hotel,
lodging house or inn, shall be obliged to receive property on
deposit for safekeeping exceeding one thousand dollars in
value; and if such guests, boarders or lodgers shall deliver
such property to the person in charge of said office for
deposit in such safe or vault, said proprietor, keeper, owner,
operator, lessee, or manager, shall not be liable for the loss or
destruction thereof, or damage thereto, sustained by such
guests, boarders or lodgers in any such hotel, lodging house,
or inn, exceeding the sum of one thousand dollars, notwithstanding said property may be of greater value, unless by special arrangement in writing with such proprietor, keeper,
owner, operator, lessee or manager: PROVIDED, HOWEVER, That in case of such deposit of such property, the proprietor, keeper, owner, operator, lessee or manager of such
hotel, lodging house, or inn, shall in no event be liable for
loss or destruction thereof, or damage thereto, unless caused
[Title 19 RCW—page 99]
19.48.070
Title 19 RCW: Business Regulations—Miscellaneous
by the theft or gross negligence of such proprietor, keeper,
owner, operator, lessee, or manager, of his, her, their, or its
agents, servants or employees. [1933 c 114 § 1; 1929 c 216 §
2; 1915 c 190 § 3; 1890 p 95 § 1; RRS § 6862. Formerly
RCW 19.48.010, part, 19.48.030 through 19.48.060.]
19.48.070
19.48.070 Liability for loss of baggage and other
property—Limitation—Storage—Disposal. Except as
provided for in RCW 19.48.030, the proprietor, keeper,
owner, operator, lessee or manager, whether individual, partnership or corporation, of a hotel, lodging house, or inn, shall
not be liable for the loss or destruction of, or damage to any
personal property brought or sent into such hotel, lodging
house, or inn, by or for any of the guests, boarders or lodgers
thereof, unless such loss, destruction or damage is occasioned
by the gross negligence of such proprietor, keeper, owner,
operator, lessee or manager, or his, her, their, or its agents,
servants or employees; but in no event shall such liability
exceed the sum of two hundred dollars, unless such proprietor, keeper, owner, operator, lessee, or manager, shall have
contracted in writing with such guest, boarder, or lodger to
assume a greater liability: PROVIDED, HOWEVER, That in
no event shall liability of the proprietor, keeper, owner, operator, lessee or manager, or his, her, their, or its agents, servants or employees, of a hotel, lodging house, or inn exceed
the following: For a guest, boarder or lodger, paying twentyfive cents per day, for lodging, or for any person who is not a
guest, boarder or lodger, the liability for loss, destruction or
damage, shall not exceed the sum of fifty dollars for a trunk
and contents, ten dollars for a suitcase or valise and contents,
five dollars for a box, bundle or package, and ten dollars for
wearing apparel or miscellaneous effects. For a guest,
boarder or lodger, paying fifty cents a day for lodging, the liability for loss, destruction or damage shall not exceed seventy-five dollars for a trunk and contents, twenty dollars for a
suitcase or valise and contents, ten dollars for a box, bundle
or package and contents, and twenty dollars for wearing
apparel and miscellaneous effects. For a guest, boarder or
lodger paying more than fifty cents per day for lodging, the
liability for loss, destruction or damage shall not exceed one
hundred fifty dollars for a trunk and contents, fifty dollars for
a suitcase or valise and contents, ten dollars for a box, bundle
or package and contents, and fifty dollars for wearing apparel
and miscellaneous effects, unless in such case such proprietor, keeper, owner, operator, lessee, or manager of such
hotel, lodging house, or inn, shall have consented in writing
to assume a greater liability: AND PROVIDED FURTHER,
Whenever any person shall suffer his baggage or property to
remain in any hotel, lodging house, or inn, after leaving the
same as a guest, boarder or lodger, and after the relation of
guest, boarder or lodger between such person and the proprietor, keeper, owner, operator, lessee, or manager of such
hotel, lodging house, or inn, has ceased, or shall forward or
deliver the same to such hotel, lodging house, or inn, before,
or without, becoming a guest, boarder, or lodger thereof, and
the same shall be received into such hotel, lodging house, or
inn, the liability of such proprietor, keeper, owner, operator,
lessee, or manager thereof shall in no event exceed the sum of
one hundred dollars, and such proprietor, keeper, owner,
operator, lessee, or manager, may at his, her, their or its
option, hold such baggage or property at the risk of such
[Title 19 RCW—page 100]
owner thereof; and when any baggage or property has been
kept or stored by such hotel, lodging house, or inn, for six
months after such relation of guest, boarder or lodger has
ceased, or when such relation does not exist, after six months
from the receipt of such baggage or property in such hotel,
lodging house, or inn, such proprietor, keeper, owner, operator, lessee, or manager, may, if he, she, they or it so desires,
sell the same at public auction in the manner now or hereinafter provided by law for the sale of property to satisfy a hotel
keeper's lien, and from the proceeds of such sale pay or reimburse himself the expenses incurred for advertisement and
sale, as well as any storage that may have accrued, and any
other amounts owing by such person to said hotel, lodging
house, or inn: PROVIDED, That when any such baggage or
property is received, kept or stored therein after such relation
does not exist, such proprietor, keeper, owner, operator, lessee, or manager, may, if he, she, or it, so desires, deliver the
same at any time to a storage or warehouse company for storage, and in such event all responsibility or liability of such
hotel, lodging house, or inn, for such baggage or property, or
for storage charges thereon, shall thereupon cease and terminate. [1929 c 216 § 3; 1917 c 57 § 1; 1915 c 190 § 4; RRS §
6863. Formerly RCW 19.48.070 through 19.48.100.]
19.48.110
19.48.110 Obtaining hotel, restaurant, lodging house,
ski area, etc., accommodations by fraud—Penalty. (1)(a)
Any person who willfully obtains food, money, credit, use of
ski area facilities, lodging or accommodation at any hotel,
inn, restaurant, commercial ski area, boarding house or lodging house, without paying therefor, with intent to defraud the
proprietor, owner, operator or keeper thereof; or who obtains
food, money, credit, use of ski area facilities, lodging or
accommodation at such hotel, inn, restaurant, commercial ski
area, boarding house or lodging house, by the use of any false
pretense; or who, after obtaining food, money, credit, use of
ski area facilities, lodging, or accommodation at such hotel,
inn, restaurant, commercial ski area, boarding house, or lodging house, removes or causes to be removed from such hotel,
inn, restaurant, commercial ski area, boarding house or lodging house, his or her baggage, without the permission or consent of the proprietor, manager or authorized employee
thereof, before paying for such food, money, credit, use of ski
area facilities, lodging or accommodation, is guilty of a gross
misdemeanor, except as provided in (b) of this subsection.
(b) If the aggregate amount of food, money, use of ski
area facilities, lodging or accommodation, or credit so
obtained is seventy-five dollars or more such person is guilty
of a class B felony punishable according to chapter 9A.20
RCW.
(2) Proof that food, money, credit, use of ski area facilities, lodging or accommodation were obtained by false pretense or by false or fictitious show or pretense of any baggage
or other property, or that the person refused or neglected to
pay for such food, money, credit, use of ski area facilities,
lodging or accommodation on demand, or that he or she gave
in payment for such food, money, credit, use of ski area facilities, lodging or accommodation, negotiable paper on which
payment was refused, or that he or she absconded, or
departed from, or left, the premises without paying for such
food, money, credit, use of ski area facilities, lodging or
accommodation, or that he or she removed, or attempted to
(2004 Ed.)
Interest—Usury
remove, or caused to be removed, or caused to be attempted
to be removed his or her property or baggage, shall be prima
facie evidence of the fraudulent intent hereinbefore mentioned. [2003 c 53 § 146; 1985 c 129 § 2; 1974 ex.s. c 21 § 1;
1929 c 216 § 6; 1915 c 190 § 7; 1890 p 96 § 2; RRS § 6866.
Formerly RCW 19.48.110, 19.48.120.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Legislative findings—1985 c 129: "The legislature finds that commercial ski areas, which contribute significantly to the economic well-being of
the state, suffer substantial financial losses from the fraudulent use of their
facilities by persons who obtain services without paying for them. It is therefore the intent of the legislature that the law that protects hotels, inns, and
restaurants from such fraud be extended to also protect commercial ski
areas." [1985 c 129 § 1.]
Leaving restaurant or hotel or motel without paying: RCW 4.24.230.
19.48.900 Severability—1929 c 216. In the event that
any section or any part of any section of this act, or this act as
it applies to any persons or under any circumstances, should
be adjudged invalid, such adjudication shall not affect or
impair the validity of the remainder of this act, or the act as it
applies to other persons, and under other circumstances.
[1929 c 216 § 7.]
Chapter 19.52 RCW
INTEREST—USURY
Sections
19.52.005
19.52.010
19.52.020
19.52.025
19.52.030
19.52.032
19.52.034
19.52.036
19.52.060
19.52.080
19.52.090
19.52.100
19.52.110
19.52.115
19.52.120
19.52.130
19.52.140
19.52.150
19.52.160
19.52.170
19.52.900
Declaration of policy.
Rate in absence of agreement—Application to consumer
leases.
Highest rate permissible—Setup charges.
Computation of rates—Publication in the Washington State
Register.
Usury—Penalty upon suit on contract—Costs and attorneys'
fees.
Declaratory judgment action to establish usury—Time limitations for commencing.
Application of chapter 19.52 RCW to loan or forbearance
made outside state.
Application of consumer protection act.
Interest on charges in excess of published rates.
Defense of usury or maintaining action thereon prohibited if
transaction primarily agricultural, commercial, investment,
or business—Exception.
Defense of usury or maintaining action thereon prohibited for
certain types of transactions after May 1, 1980, and prior to
March 1, 1981.
Chapter not applicable to retail installment transactions.
Limitations in chapter not applicable to interest charged by
broker-dealers—When.
Lender credit card agreements subject to provisions of chapter
19.52 RCW.
Sales contract providing for deferred payment of purchase
price not subject to chapter.
Charge made by assignee of retail installment contract or
charge agreement to seller-assignor not limited by chapter—
No agreement between credit card issuing bank and retailer
shall prohibit discounts for cash payment.
Chapter not applicable to interest, penalties, or costs on delinquent property taxes.
Defense or action of usury not applicable to consumer leases.
Chapter not applicable to mobile homes.
Chapter not applicable to certain loans from tax-qualified
retirement plan.
Application—Construction—1981 c 78.
Interest
rates on pledged property: RCW 19.60.060.
rates on warrants: Chapter 39.56 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
(2004 Ed.)
19.52.005 Declaration of policy. RCW 19.52.005,
19.52.020, 19.52.030, 19.52.032, 19.52.034, and 19.52.036
are enacted in order to protect the residents of this state from
debts bearing burdensome interest rates; and in order to better
effect the policy of this state to use this state's policies and
courts to govern the affairs of our residents and the state; and
in recognition of the duty to protect our citizens from oppression generally. [1967 ex.s. c 23 § 2.]
19.52.005
Severability—1967 ex.s. c 23: "If any provision of this chapter is
declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not
be affected thereby." [1967 ex.s. c 23 § 8.]
Savings—1967 ex.s. c 23: "The provisions of this 1967 amendatory act
shall not apply to transactions entered into prior to the effective date hereof."
[1967 ex.s. c 23 § 9.]
19.52.010
19.48.900
Chapter 19.52
19.52.020
19.52.010 Rate in absence of agreement—Application to consumer leases. (1) Every loan or forbearance of
money, goods, or thing in action shall bear interest at the rate
of twelve percent per annum where no different rate is agreed
to in writing between the parties: PROVIDED, That with
regard to any transaction heretofore or hereafter entered into
subject to this section, if an agreement in writing between the
parties evidencing such transaction provides for the payment
of money at the end of an agreed period of time or in installments over an agreed period of time, then such agreement
shall constitute a writing for purposes of this section and satisfy the requirements thereof. The discounting of commercial
paper, where the borrower makes himself liable as maker,
guarantor, or indorser, shall be considered as a loan for the
purposes of this chapter.
(2) A lease shall not be considered a loan or forbearance
for the purposes of this chapter if:
(a) It constitutes a "consumer lease" as defined in RCW
63.10.020;
(b) It constitutes a lease-purchase agreement under chapter 63.19 RCW; or
(c) It would constitute such "consumer lease" but for the
fact that:
(i) The lessee was not a natural person;
(ii) The lease was not primarily for personal, family, or
household purposes; or
(iii) The total contractual obligation exceeded twentyfive thousand dollars. [1992 c 134 § 13. Prior: 1983 c 309 §
1; 1983 c 158 § 6; 1981 c 80 § 1; 1899 c 80 § 1; RRS § 7299;
prior: 1895 c 136 § 1; 1893 c 20 § 1; Code 1881 § 2368; 1863
p 433 § 1; 1854 p 380 § 1.]
Short title—Severability—1992 c 134: See RCW 63.19.900 and
63.19.901.
Severability—1983 c 158: See RCW 63.10.900.
19.52.020
19.52.020 Highest rate permissible—Setup charges.
(1) Any rate of interest shall be legal so long as the rate of
interest does not exceed the higher of: (a) Twelve percent per
annum; or (b) four percentage points above the equivalent
coupon issue yield (as published by the Board of Governors
of the Federal Reserve System) of the average bill rate for
twenty-six week treasury bills as determined at the first bill
market auction conducted during the calendar month immediately preceding the later of (i) the establishment of the
interest rate by written agreement of the parties to the con[Title 19 RCW—page 101]
19.52.025
Title 19 RCW: Business Regulations—Miscellaneous
tract, or (ii) any adjustment in the interest rate in the case of a
written agreement permitting an adjustment in the interest
rate. No person shall directly or indirectly take or receive in
money, goods, or things in action, or in any other way, any
greater interest for the loan or forbearance of any money,
goods, or things in action.
(2)(a) In any loan of money in which the funds advanced
do not exceed the sum of five hundred dollars, a setup charge
may be charged and collected by the lender, and such setup
charge shall not be considered interest hereunder.
(b) The setup charge shall not exceed four percent of the
amount of funds advanced, or fifteen dollars, whichever is
the lesser, except that on loans of under one hundred dollars
a minimum not exceeding four dollars may be so charged.
(3) Any loan made pursuant to a commitment to lend at
an interest rate permitted at the time the commitment is made
shall not be usurious. Credit extended pursuant to an openend credit agreement upon which interest is computed on the
basis of a balance or balances outstanding during a billing
cycle shall not be usurious if on any one day during the billing cycle the rate at which interest is charged for the billing
cycle is not usurious. [1989 c 14 § 3; 1985 c 224 § 1; 1981 c
78 § 1; 1967 ex.s. c 23 § 4; 1899 c 80 § 2; RRS § 7300. Prior:
1895 c 136 § 2; 1893 c 20 § 3; Code 1881 § 2369; 1863 p 433
§ 2; 1854 p 380 § 2.]
Effective date—1985 c 224: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 224 § 2.]
Severability—1981 c 78: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 78 § 7.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
Interest on judgments: RCW 4.56.110.
19.52.025 Computation of rates—Publication in the
Washington State Register. Each month the state treasurer
shall compute the highest rate of interest permissible under
RCW 19.52.020(1), and the rate of interest required by RCW
4.56.110(3) and 4.56.115, for the succeeding calendar month.
The treasurer shall file these rates with the state code reviser
for publication in the next available issue of the Washington
State Register in compliance with RCW 34.08.020(8). [2004
c 185 § 4; 1986 c 60 § 1.]
19.52.025
19.52.030 Usury—Penalty upon suit on contract—
Costs and attorneys' fees. (1) If a greater rate of interest
than is allowed by statute shall be contracted for or received
or reserved, the contract shall be usurious, but shall not,
therefore, be void. If in any action on such contract proof be
made that greater rate of interest has been directly or indirectly contracted for or taken or reserved, the creditor shall
only be entitled to the principal, less the amount of interest
accruing thereon at the rate contracted for; and if interest
shall have been paid, the creditor shall only be entitled to the
principal less twice the amount of the interest paid, and less
the amount of all accrued and unpaid interest; and the debtor
shall be entitled to costs and reasonable attorneys' fees plus
the amount by which the amount the debtor has paid under
the contract exceeds the amount to which the creditor is enti19.52.030
[Title 19 RCW—page 102]
tled: PROVIDED, That the debtor may not commence an
action on the contract to apply the provisions of this section if
a loan or forbearance is made to a corporation engaged in a
trade or business for the purposes of carrying on said trade or
business unless there is also, in connection with such loan or
forbearance, the creation of liability on the part of a natural
person or that person's property for an amount in excess of
the principal plus interest allowed pursuant to RCW
19.52.020. The reduction in principal shall be applied to
diminish pro rata each future installment of principal payable
under the terms of the contract.
(2) The acts and dealings of an agent in loaning money
shall bind the principal, and in all cases where there is usurious interest contracted for by the transaction of any agent the
principal shall be held thereby to the same extent as though
the principal had acted in person. Where the same person acts
as agent of the borrower and lender, that person shall be
deemed the agent of the lender for the purposes of this chapter. If the agent of both the borrower and lender, or of the
lender only, transacts a usurious loan for a commission or fee,
such agent shall be liable to the principal for the amount of
the commission or fee received or reserved by the agent, and
liable to the lender for the loss suffered by the lender as a
result of the application of this chapter. [1989 c 14 § 7; 1967
ex.s. c 23 § 5; 1899 c 80 § 7; RRS § 7304. Prior: 1895 c 136
§ 5; 1893 c 20 § 3. Formerly RCW 19.52.030 through
19.52.050.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
19.52.032
19.52.032 Declaratory judgment action to establish
usury—Time limitations for commencing. The debtor, if a
natural person, or the creditor may bring an action for declaratory judgment to establish whether a loan or forbearance
contract is or was usurious, and such an action shall be considered an action on the contract for the purposes of applying
the provisions of RCW 19.52.030. Such an action shall be
brought against the current creditor or debtor on the contract
or, if the loan or debt has been fully repaid, by the debtor
against the creditor to whom the debtor was last indebted on
the contract. No such an action shall be commenced after six
months following the date the final payment becomes due,
whether by acceleration or otherwise, nor after six months
following the date the principal is fully paid, whichever first
occurs. If the debtor commences such an action and fails to
establish usury, and if the court finds the action was frivolously commenced, the defendant or defendants may, in the
court's discretion, recover reasonable attorney's fees from the
debtor. [1967 ex.s. c 23 § 6.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
19.52.034
19.52.034 Application of chapter 19.52 RCW to loan
or forbearance made outside state. Whenever a loan or
forbearance is made outside Washington state to a person
then residing in this state the usury laws found in chapter
19.52 RCW, as now or hereafter amended, shall be applicable
in all courts of this state to the same extent such usury laws
would be applicable if the loan or forbearance was made in
this state. [1967 ex.s. c 23 § 3.]
(2004 Ed.)
Interest—Usury
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
19.52.130
Severability—1981 c 78: See note following RCW 19.52.020.
19.52.110 Limitations in chapter not applicable to
interest charged by broker-dealers—When. The interest
charged by any broker-dealer registered under chapter 21.20
RCW and under the federal securities and exchange act of
1934, as amended, shall not be subject to the limitations
imposed by this chapter if the underlying loans (1) may be
paid in full at the option of the borrower and (2) are subject to
the credit regulations of the board of governors of the federal
reserve system, or its successor. [1981 c 79 § 1.]
19.52.110
19.52.036
19.52.036 Application of consumer protection act.
Entering into or transacting a usurious contract is hereby
declared to be an unfair act or practice in the conduct of commerce for the purpose of the application of the consumer protection act found in chapter 19.86 RCW. [1967 ex.s. c 23 §
7.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
19.52.060
19.52.060 Interest on charges in excess of published
rates. Any corporation, partnership or individual who furnishes the public any goods, wares, merchandise, pledge,
security, insurance or transportation of which the price, rate
or tariff is by law required to be published, shall, when any
price, rate or tariff is charged in excess of the existing and
established price, rate or tariff, refund to the person, partnership or corporation so overcharge, or to the assignee of such
claim, the amount of such overcharge, and on failure so to do,
the claim for such overcharge shall bear interest at the rate of
eight percent per annum until paid. [1907 c 187 § 1; RRS §
5841.]
19.52.080
19.52.080 Defense of usury or maintaining action
thereon prohibited if transaction primarily agricultural,
commercial, investment, or business—Exception. Profit
and nonprofit corporations, Massachusetts trusts, associations, trusts, general partnerships, joint ventures, limited partnerships, and governments and governmental subdivisions,
agencies, or instrumentalities may not plead the defense of
usury nor maintain any action thereon or therefor, and persons may not plead the defense of usury nor maintain any
action thereon or therefor if the transaction was primarily for
agricultural, commercial, investment, or business purposes:
PROVIDED, HOWEVER, That this section shall not apply
to a consumer transaction of any amount.
Consumer transactions, as used in this section, shall
mean transactions primarily for personal, family, or household purposes. [1981 c 78 § 2; 1975 1st ex.s. c 180 § 1; 1970
ex.s. c 97 § 2; 1969 ex.s. c 142 § 1.]
Severability—1981 c 78: See note following RCW 19.52.020.
19.52.090
19.52.090 Defense of usury or maintaining action
thereon prohibited for certain types of transactions after
May 1, 1980, and prior to March 1, 1981. No person may
plead the defense of usury or maintain any action thereon or
therefor for the interest charged on the unpaid balance of a
contract for the sale and purchase of personal property which
was not purchased primarily for personal, family or household use or real property if the purchase was made after May
1, 1980 and prior to March 1, 1981. [1981 c 78 § 9.]
Severability—1981 c 78: See note following RCW 19.52.020.
19.52.100
19.52.100 Chapter not applicable to retail installment transactions. This chapter shall not apply to a retail
installment transaction, as defined by RCW 63.14.010,
whether or not it is construed to be a loan or forbearance of
any money, goods, or things in action. [1981 c 78 § 3.]
(2004 Ed.)
19.52.115 Lender credit card agreements subject to
provisions of chapter 19.52 RCW. See RCW 63.14.165.
19.52.115
19.52.120 Sales contract providing for deferred payment of purchase price not subject to chapter. A sales
contract for goods or services providing for the deferred payment of the purchase price shall not be subject to this chapter,
regardless of who seeks to enforce the contract, notwithstanding the existence or occurrence of any one or more of the following events:
(1) That the seller may have arranged to sell, pledge,
indorse, negotiate, assign, or transfer the obligations thereof
to any person, including a financing organization, prior to or
subsequent to or concurrently with the making of the sales
transaction;
(2) That the amount of the finance charge, however
denominated, is determined by reference to charts, computations or information supplied by such person;
(3) That the form or forms of instruments used to evidence the sales transaction have been supplied or prepared by
such person;
(4) That the credit standing of the purchaser is or may
have been evaluated by such person;
(5) That the sales transaction and the execution of any
instrument evidencing the same is negotiated in the presence
or with the assistance of a representative of such person;
(6) That the instrument or instruments used to evidence
the sales transaction are pledged, indorsed, negotiated,
assigned, or transferred by the seller to such person;
(7) That there is an underlying agreement between the
seller and such person concerning the pledging, indorsing,
negotiation, assigning, or transferring of sales contracts; or
(8) That the financing organization or its affiliates also
provide franchising, financing, or other services to the sellerassignor. [1981 c 77 § 7.]
19.52.120
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
19.52.130 Charge made by assignee of retail installment contract or charge agreement to seller-assignor not
limited by chapter—No agreement between credit card
issuing bank and retailer shall prohibit discounts for cash
payment. (1) Nothing contained in this chapter shall be
deemed to limit any charge made by an assignee of a retail
installment contract or charge agreement to the sellerassignor upon the sale, transfer, assignment, or discount of
the contract or agreement, notwithstanding retention by the
assignee of recourse rights and notwithstanding duties
retained by the assignee to service delinquencies, perform
19.52.130
[Title 19 RCW—page 103]
19.52.140
Title 19 RCW: Business Regulations—Miscellaneous
service or warranty agreements regarding the property which
is the subject matter of the assigned or discounted contracts
or charge agreements, or to do or perform any other duty with
respect to the account or contract assigned or the subject matter of such account or contract.
(2) No agreement between a credit card issuing bank and
retailer shall prohibit the retailer from granting general discounts for the payment of cash, not in excess of the percentage allowed by Regulation Z, the Federal Truth in Lending
Act. [1981 c 77 § 8.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
19.52.140
19.52.140 Chapter not applicable to interest, penalties, or costs on delinquent property taxes. This chapter
does not apply in respect to interest, penalties, or costs
imposed on delinquent property taxes under chapter 84.64
RCW. [1981 c 322 § 8.]
19.52.150
19.52.150 Defense or action of usury not applicable
to consumer leases. See RCW 63.10.060.
19.52.160
19.52.160 Chapter not applicable to mobile homes.
This chapter shall not apply to the financing of mobile homes
which meets the definition of real property contained in
RCW 84.04.090, and which financing is insured by a federal
instrumentality. [1985 c 395 § 6.]
19.52.170
19.52.170 Chapter not applicable to certain loans
from tax-qualified retirement plan. This chapter does not
apply to any loan permitted under applicable federal law and
regulations from a tax-qualified retirement plan to a person
then a participant or a beneficiary under the plan.
This section affects loans being made, negotiated, renegotiated, extended, renewed, or revised on or after April 20,
1989. [1989 c 138 § 1.]
Libel and slander: Chapter 9.58 RCW.
19.56.010
19.56.010 Newspaper mailed without authority is
gift. Whenever any person, company or corporation owning
or controlling any newspaper or periodical of any kind, or
whenever any editor or proprietor of any such newspaper or
periodical shall mail or send any such newspaper or periodical to any person or persons in this state without first receiving an order for said newspaper or periodical from such person or persons to whom said newspaper or periodical is
mailed or sent, it shall be deemed to be a gift, and no debt or
obligation shall accrue against such person or persons,
whether said newspaper or periodical is received by the person or persons to whom it is sent or not. [2000 c 171 § 55;
1890 p 460 § 1; RRS § 5842.]
19.56.020
19.56.020 Unsolicited goods or services as gifts. If
unsolicited goods or services are provided to a person, the
person has a right to accept the goods or services as a gift
only, and is not bound to return the goods or services. Goods
or services are not considered to have been solicited unless
the recipient specifically requested, in an affirmative manner,
the receipt of the goods or services according to the terms
under which they are being offered. Goods or services are not
considered to have been requested if a person fails to respond
to an invitation to purchase the goods or services and the
goods or services are provided notwithstanding. If the unsolicited goods or services are either addressed to or intended
for the recipient, the recipient may use them or dispose of
them in any manner without any obligation to the provider,
and in any action for goods or services sold and delivered, or
in any action for the return of the goods, it is a complete
defense that the goods or services were provided voluntarily
and that the defendant did not affirmatively order or request
the goods or services, either orally or in writing. [1992 c 43
§ 1; 1967 c 57 § 1.]
19.56.030
19.52.900
19.52.900 Application—Construction—1981 c 78.
Chapter 78, Laws of 1981 shall apply only to loans or forbearances or transactions which are entered into after May 8,
1981, or to existing loans or forbearances, contracts or agreements which were not primarily for personal, family, or
household use to which there is an addition to the principal
amount of the credit outstanding after May 8, 1981: PROVIDED, HOWEVER, That nothing in chapter 78, Laws of
1981 shall be construed as implying that agricultural or
investment purposes are not already included within the
meaning of "commercial or business purposes" as used in
RCW 19.52.080 as in effect prior to May 8, 1981. [1989 c 8
§ 2; 1981 c 78 § 10.]
Severability—1981 c 78: See note following RCW 19.52.020.
Chapter 19.56
Chapter 19.56 RCW
UNSOLICITED GOODS
Sections
19.56.010
19.56.020
19.56.030
Newspaper mailed without authority is gift.
Unsolicited goods or services as gifts.
Violation—Application of consumer protection act.
Advertising, crimes relating to: Chapter 9.04 RCW.
[Title 19 RCW—page 104]
19.56.030 Violation—Application of consumer protection act. Violation of RCW 19.56.020 is a matter affecting the public interest for the purpose of applying chapter
19.86 RCW. Failure to comply with this chapter is not reasonable in relation to the development and preservation of
business. A violation of RCW 19.56.020 constitutes an unfair
or deceptive act or practice in trade or commerce for the purposes of applying chapter 19.86 RCW. [1992 c 43 § 2.]
Chapter 19.58 RCW
MOTION PICTURE FAIR COMPETITION ACT
Chapter 19.58
Sections
19.58.010
19.58.020
19.58.030
19.58.040
19.58.050
19.58.900
19.58.905
Purpose.
Definitions.
Blind bidding or blind selling prohibited—Trade screening
required—Notice.
Solicitation of bids.
Violation—Civil suit—Attorneys' fees.
Short title.
Severability—1979 ex.s. c 29.
19.58.010
19.58.010 Purpose. The purpose of this chapter is to
establish fair and open procedures for bidding and negotiation for the right to exhibit motion pictures in the state in
(2004 Ed.)
Motion Picture Fair Competition Act
order to prevent unfair and deceptive acts or practices and
unreasonable restraints of trade in the business of motion picture distribution and exhibition within the state; to promote
fair and effective competition in that business; and to insure
that exhibitors have the opportunity to view a motion picture
and know its contents before committing themselves to
exhibiting the motion picture in their communities. [1979
ex.s. c 29 § 1.]
19.58.020 Definitions. The definitions contained in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Bid" means a written or oral offer or proposal to buy
made by an exhibitor to a distributor in response to an invitation to bid for the license or right to exhibit a motion picture,
the license stating the terms under which the exhibitor agrees
to exhibit the motion picture.
(2) "Blind bidding" means the exhibitor's bidding or
negotiating for, or the exhibitor's offering or agreeing to,
terms for the license or right to exhibit a feature motion picture at any time either before the feature motion picture has
been trade screened within the state or before the feature
motion picture has been otherwise made available for viewing within the state by all exhibitors.
(3) "Blind selling" means the practice whereby a distributor licenses a feature motion picture before the exhibitor is
afforded an opportunity to view the feature motion picture by
trade screening.
(4) "Buying" or "selling" of the right to exhibit a feature
motion picture means the licensing of a theater to show the
feature motion picture for a certain number of days for a certain price.
(5) "Distributor" means a person engaged in the business
of distributing or supplying more than one feature motion
picture per year to exhibitors by rental, sale, licensing, or
other agreement.
(6) "Exhibit" or "exhibition" means playing or showing a
feature motion picture to the public for an admission charge.
(7) "Exhibitor" means a person in the business of operating one or more theaters in which motion pictures are exhibited to the public.
(8) "Feature motion picture" means a motion picture
exceeding sixty minutes in duration.
(9) "Invitation to bid" means a written or oral solicitation
or invitation by a distributor to one or more exhibitors to bid
or negotiate for the license or right to exhibit a feature motion
picture.
(10) "Licensing agreement" means a contract, agreement, understanding, or condition between a distributor and
an exhibitor relating to the licensing or exhibition of a feature
motion picture by the exhibitor.
(11) "Person" means one or more individuals, firms,
partnerships, associations, societies, trusts, organizations, or
corporations.
(12) "Run" means the continuous exhibition of a feature
motion picture in a defined geographic area for a specified
period of time. A "first run" is the first exhibition of the feature motion picture in the defined area; a "second run" is the
second exhibition; and "subsequent runs" are subsequent
exhibitions after the second run. "Exclusive run" is a run limited to a single theater in a defined geographic area and a
19.58.020
(2004 Ed.)
19.58.040
"nonexclusive run" is a run in more than one theater in a
defined geographic area.
(13) "Theater" means an establishment in which feature
motion pictures are regularly exhibited to the public for an
admission charge.
(14) "Trade screening" means the exhibition of a feature
motion picture, prior to its release for public exhibition by a
distributor, in the largest city within the state, which is open
to all exhibitors from whom the distributor intends to solicit
bids or with whom the distributor intends to negotiate for the
license or right to exhibit the feature motion picture. [1979
ex.s. c 29 § 2.]
19.58.030
19.58.030 Blind bidding or blind selling prohibited—
Trade screening required—Notice. (1) The buying or selling of the right to exhibit a feature motion picture by blind
bidding or blind selling is prohibited within the state.
(2) No bids may be returnable, no negotiations for the
exhibition or licensing of a motion picture may take place,
and no license agreement or any of its terms may be agreed
upon, for the exhibition of a feature motion picture within the
state before the feature motion picture has either been trade
screened or otherwise made available for viewing by all
exhibitors within the state.
(3) A distributor shall provide reasonable and uniform
notice of the trade screening of feature motion pictures to
those exhibitors within the state from whom bids will be
solicited or with whom negotiations will be conducted for the
license or right to exhibit the feature motion picture.
(4) A purported waiver of the prohibition in this chapter
against blind bidding or blind selling is void and unenforceable. [1979 ex.s. c 29 § 3.]
19.58.040
19.58.040 Solicitation of bids. If bids are solicited
from exhibitors for the licensing of a feature motion picture
within the state, then:
(1) The invitation to bid shall specify: (a) Whether the
run for which the bid is being solicited is a first, second, or
subsequent run; whether the run is an exclusive or nonexclusive run; and, the geographic area for the run; (b) the names
of all exhibitors who are being solicited; (c) the date and hour
the invitation to bid expires; and (d) the time, date, and location, including the address, where the bids will be opened,
which shall be within the state.
(2) All bids shall be submitted in writing and shall be
opened at the same time and in the presence of those exhibitors, or their agents, who submitted bids and who attend the
bid opening.
(3) Immediately upon being opened, the bids shall be
subject to examination by the exhibitors, or their agents, who
submitted bids, and who are present at the opening. Within
ten business days after the bids are opened, the distributor
shall notify each exhibitor who submitted a bid either the
name of the winning bidder or the fact that none of the bids
were acceptable.
(4) Once bids are solicited, the distributor shall license
the feature motion picture only by bidding and may solicit
rebids if none of the submitted bids are acceptable. [1979
ex.s. c 29 § 4.]
[Title 19 RCW—page 105]
19.58.050
Title 19 RCW: Business Regulations—Miscellaneous
19.58.050
19.58.050 Violation—Civil suit—Attorneys' fees.
Any person aggrieved by a violation of this chapter may
bring a civil action in superior court to enjoin further violations or to recover the actual damages sustained, or both,
together with the costs of the suit. In any such action, the
court shall award reasonable attorneys' fees to the prevailing
party. [1979 ex.s. c 29 § 5.]
19.58.900
19.58.900 Short title. This chapter may be known and
cited as the Washington motion picture fair competition act.
[1979 ex.s. c 29 § 6.]
19.58.905
19.58.905 Severability—1979 ex.s. c 29. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 29 § 8.]
Chapter 19.60 RCW
PAWNBROKERS AND SECOND-HAND DEALERS
Chapter 19.60
Sections
19.60.010
19.60.014
19.60.020
19.60.040
19.60.045
19.60.050
19.60.055
19.60.060
19.60.061
19.60.062
19.60.066
19.60.068
19.60.075
19.60.085
19.60.900
19.60.901
Definitions.
Fixed place of business required.
Duty to record information.
Report to chief law enforcement officer.
Duties upon notification that property is reported stolen.
Retention of property by pawnbrokers—Inspection.
Retention of property by second-hand dealers—Inspection.
Rates of interest and other fees—Sale of pledged property.
Pawnbrokers—Sale of pledged property limited—Written
document required for transactions.
Attorney fees and costs in action to recover possession or
determine title or ownership.
Prohibited acts—Penalty.
Resale agreement to avoid interest and fee restrictions prohibited.
Regulation by political subdivisions.
Exemptions.
Severability—1984 c 10.
Effective date—1984 c 10.
Larceny—Receiving stolen property: RCW 9A.56.140 through 9A.56.170.
19.60.010
19.60.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) Melted metals means metals derived from metal junk
or precious metals that have been reduced to a melted state
from other than ore or ingots which are produced from ore
that has not previously been processed.
(2) Metal junk means any metal that has previously been
milled, shaped, stamped, or forged and that is no longer useful in its original form, except precious metals.
(3) Nonmetal junk means any nonmetal, commonly discarded item that is worn out, or has outlasted its usefulness as
intended in its original form except nonmetal junk does not
include an item made in a former period which has enhanced
value because of its age.
(4) Pawnbroker means every person engaged, in whole
or in part, in the business of loaning money on the security of
pledges of personal property, or deposits or conditional sales
of personal property, or the purchase or sale of personal property.
(5) Precious metals means gold, silver, and platinum.
[Title 19 RCW—page 106]
(6) Second-hand dealer means every person engaged in
whole or in part in the business of purchasing, selling, trading, consignment selling, or otherwise transferring for value,
second-hand property including metal junk, melted metals,
precious metals, whether or not the person maintains a fixed
place of business within the state. Second-hand dealer also
includes persons or entities conducting business at flea markets or swap meets, more than three times per year.
(7) Second-hand property means any item of personal
property offered for sale which is not new, including metals
in any form, except postage stamps, coins that are legal tender, bullion in the form of fabricated hallmarked bars, used
books, and clothing of a resale value of seventy-five dollars
or less, except furs.
(8) Transaction means a pledge, or the purchase of, or
consignment of, or the trade of any item of personal property
by a pawnbroker or a second-hand dealer from a member of
the general public.
(9) "Loan period" means the period of time from the date
the loan is made until the date the loan is paid off, the loan is
in default, or the loan is refinanced and new loan documents
are issued, including all grace or extension periods. [1995 c
133 § 1; 1991 c 323 § 1; 1985 c 70 § 1; 1984 c 10 § 1; 1981 c
279 § 3; 1909 c 249 § 235; RRS § 2487. FORMER PARTS
OF SECTION: (i) 1909 c 249 § 236; RRS § 2488, now codified as RCW 19.60.015. (ii) 1939 c 89 § 1; RRS § 2488-1,
now codified as RCW 19.60.065.]
19.60.014
19.60.014 Fixed place of business required. No person may operate as a pawnbroker unless the person maintains
a fixed place of business within the state. [1984 c 10 § 4.]
19.60.020
19.60.020 Duty to record information. (1) Every
pawnbroker and second-hand dealer doing business in this
state shall maintain wherever that business is conducted a
record in which shall be legibly written in the English language, at the time of each transaction the following information:
(a) The signature of the person with whom the transaction is made;
(b) The date of the transaction;
(c) The name of the person or employee or the identification number of the person or employee conducting the transaction, as required by the applicable chief of police or the
county's chief law enforcement officer;
(d) The name, date of birth, sex, height, weight, race, and
address and telephone number of the person with whom the
transaction is made;
(e) A complete description of the property pledged,
bought, or consigned, including the brand name, serial number, model number or name, any initials or engraving, size,
pattern, and color or stone or stones, and in the case of firearms, the caliber, barrel length, type of action, and whether it
is a pistol, rifle, or shotgun;
(f) The price paid or the amount loaned;
(g) The type and identifying number of identification
used by the person with whom the transaction was made,
which shall consist of a valid drivers license or identification
card issued by any state or two pieces of identification issued
by a governmental agency, one of which shall be descriptive
(2004 Ed.)
Pawnbrokers and Second-Hand Dealers
of the person identified. At all times, one piece of current
government issued picture identification will be required; and
(h) The nature of the transaction, a number identifying
the transaction, the store identification as designated by the
applicable law enforcement agency, or the name and address
of the business and the name of the person or employee, conducting the transaction, and the location of the property.
(2) This record shall at all times during the ordinary
hours of business, or at reasonable times if ordinary hours of
business are not kept, be open to the inspection of any commissioned law enforcement officer of the state or any of its
political subdivisions, and shall be maintained wherever that
business is conducted for three years following the date of the
transaction. [1991 c 323 § 2; 1984 c 10 § 3; 1909 c 249 § 229;
RRS § 2481.]
19.60.040
19.60.040 Report to chief law enforcement officer.
(1) Upon request, every pawnbroker and second-hand dealer
doing business in the state shall furnish a full, true, and correct transcript of the record of all transactions conducted on
the preceding day. These transactions shall be recorded on
such forms as may be provided and in such format as may be
required by the chief of police or the county's chief law
enforcement officer within a specified time not less than
twenty-four hours. This information may be transmitted to
the applicable law enforcement agency electronically, by facsimile transmission, or by modem or similar device, or by
delivery of computer disk subject to the requirements of, and
approval by, the chief of police or the county's chief law
enforcement officer.
(2) If a pawnbroker or second-hand dealer has good
cause to believe that any property in his or her possession has
been previously lost or stolen, the pawnbroker or secondhand dealer shall promptly report that fact to the applicable
chief of police or the county's chief law enforcement officer,
together with the name of the owner, if known, and the date
when, and the name of the person from whom it was
received. [1991 c 323 § 3; 1984 c 10 § 6; 1909 c 249 § 231;
RRS § 2483.]
19.60.045
19.60.045 Duties upon notification that property is
reported stolen. Following notification from a law enforcement agency that an item of property has been reported as
stolen, the pawnbroker or second-hand dealer shall hold that
property intact and safe from alteration, damage, or commingling. The pawnbroker or second-hand dealer shall place an
identifying tag or other suitable identification upon the property so held. Property held shall not be released for one hundred twenty days from the date of police notification unless
released by written consent of the applicable law enforcement agency or by order of a court of competent jurisdiction.
In cases where the applicable law enforcement agency has
placed a verbal hold on an item, that agency must then give
written notice within ten business days. If such written notice
is not received within that period of time, then the hold order
will cease. The pawnbroker or second-hand dealer shall give
a twenty-day written notice before the expiration of the one
hundred twenty-day holding period to the applicable law
enforcement agency about the stolen property. If notice is not
given within twenty days, then the hold on the property shall
(2004 Ed.)
19.60.060
continue for an additional one hundred twenty days. The
applicable law enforcement agency may renew the holding
period for additional one hundred twenty-day periods as necessary. After the receipt of notification from a pawnbroker or
second-hand dealer, if an additional holding period is
required, the applicable law enforcement agency shall give
the pawnbroker or second-hand dealer written notice, prior to
the expiration of the existing hold order. A law enforcement
agency shall not place on hold any item of personal property
unless that agency reasonably suspects that the item of personal property is a lost or stolen item. Any hold that is placed
on an item will be removed as soon as practicable after the
item on hold is determined not to be stolen or lost. [1991 c
323 § 4; 1984 c 10 § 5.]
Receiving stolen property: RCW 9A.56.140 through 9A.56.170.
19.60.050
19.60.050 Retention of property by pawnbrokers—
Inspection. Property bought or received in pledge by any
pawnbroker shall not be removed from that place of business,
except when redeemed by, or returned to the owner, within
thirty days after the receipt of the property. Property shall at
all times during the ordinary hours of business be open to
inspection to any commissioned law enforcement officer of
the state or any of its political subdivisions. [1991 c 323 § 5;
1984 c 10 § 8; 1909 c 249 § 232; RRS § 2484.]
Auction of second-hand property, exemption by rule of department of licensing: RCW 18.11.075.
Restoration of stolen property: RCW 9.54.130.
19.60.055
19.60.055 Retention of property by second-hand
dealers—Inspection. (1) Property bought or received on
consignment by any second-hand dealer with a permanent
place of business in the state shall not be removed from that
place of business except consigned property returned to the
owner, within thirty days after the receipt of the property.
Property shall at all times during the ordinary hours of business be open to inspection to any commissioned law enforcement officer of the state or any of its political subdivisions.
(2) Property bought or received on consignment by any
second-hand dealer without a permanent place of business in
the state, shall be held within the city or county in which the
property was received, except consigned property returned to
the owner, within thirty days after receipt of the property. The
property shall be available within the appropriate jurisdiction
for inspection at reasonable times by any commissioned law
enforcement officer of the state or any of its political subdivisions. [1991 c 323 § 6; 1984 c 10 § 7.]
Auction of second-hand property, exemption by rule of department of licensing: RCW 18.11.075.
19.60.060
19.60.060 Rates of interest and other fees—Sale of
pledged property. All pawnbrokers are authorized to charge
and receive interest and other fees at the following rates for
money on the security of personal property actually received
in pledge:
(1) The interest for the loan period shall not exceed:
(a) For an amount loaned up to $9.99 - interest at $1.00
for each thirty-day period to include the loan date.
[Title 19 RCW—page 107]
19.60.060
Title 19 RCW: Business Regulations—Miscellaneous
(b) For an amount loaned from $10.00 to $19.99 - interest at the rate of $1.25 for each thirty-day period to include
the loan date.
(c) For an amount loaned from $20.00 to $24.99 - interest at the rate of $1.50 for each thirty-day period to include
the loan date.
(d) For an amount loaned from $25.00 to $34.99 - interest at the rate of $1.75 for each thirty-day period to include
the loan date.
(e) For an amount loaned from $35.00 to $39.99 - interest at the rate of $2.00 for each thirty-day period to include
the loan date.
(f) For an amount loaned from $40.00 to $49.99 - interest
at the rate of $2.25 for each thirty-day period to include the
loan date.
(g) For the amount loaned from $50.00 to $59.99 - interest at the rate of $2.50 for each thirty-day period to include
the loan date.
(h) For the amount loaned from $60.00 to $69.99 - interest at the rate of $2.75 for each thirty-day period to include
the loan date.
(i) For the amount loaned from $70.00 to $79.99 - interest at the rate of $3.00 for each thirty-day period to include
the loan date.
(j) For the amount loaned from $80.00 to $89.99 - interest at the rate of $3.25 for each thirty-day period to include
the loan date.
(k) For the amount loaned from $90.00 to $99.99 - interest at the rate of $3.50 for each thirty-day period to include
the loan date.
(l) For the amount loaned from $100.00 or more - interest at the rate of three percent for each thirty-day period to
include the loan date.
(2) The fee for the preparation of loan documents,
pledges, or reports required under the laws of the United
States of America, the state of Washington, or the counties,
cities, towns, or other political subdivisions thereof, shall not
exceed:
(a) For the amount loaned up to $4.99 - the sum of $.50;
(b) For the amount loaned from $5.00 to $9.99 - the sum
of $2.00;
(c) For the amount loaned from $10.00 to $14.99 - the
sum of $3.00;
(d) For the amount loaned from $15.00 to $19.99 - the
sum of $3.50.
(e) For the amount loaned from $20.00 to $24.99 - the
sum of $4.00.
(f) For the amount loaned from $25.00 to $29.99 - the
sum of $4.50.
(g) For the amount loaned from $30.00 to $34.99 - the
sum of $5.00.
(h) For the amount loaned from $35.00 to $39.99 - the
sum of $5.50.
(i) For the amount loaned from $40.00 to $44.99 - the
sum of $6.00.
(j) For the amount loaned from $45.00 to $49.99 - the
sum of $6.50.
(k) For the amount loaned from $50.00 to $54.99 - the
sum of $7.00.
(l) For the amount loaned from $55.00 to $59.99 - the
sum of $7.50.
[Title 19 RCW—page 108]
(m) For the amount loaned from $60.00 to $64.99 - the
sum of $8.00.
(n) For the amount loaned from $65.00 to $69.99 - the
sum of $8.50.
(o) For the amount loaned from $70.00 to $74.99 - the
sum of $9.00.
(p) For the amount loaned from $75.00 to $79.99 - the
sum of $9.50.
(q) For the amount loaned from $80.00 to $84.99 - the
sum of $10.00.
(r) For the amount loaned from $85.00 to $89.99 - the
sum of $10.50.
(s) For the amount loaned from $90.00 to $94.99 - the
sum of $11.00.
(t) For the amount loaned from $95.00 to $99.99 - the
sum of $11.50.
(u) For the amount loaned from $100.00 to $104.99 - the
sum of $12.00.
(v) For the amount loaned from $105.00 to $109.99 - the
sum of $12.25.
(w) For the amount loaned from $110.00 to $114.99 - the
sum of $12.75.
(x) For the amount loaned from $115.00 to $119.99 - the
sum of $13.25.
(y) For the amount loaned from $120.00 to $124.99 - the
sum of $13.50.
(z) For the amount loaned from $125.00 to $129.99 - the
sum of $13.75.
(aa) For the amount loaned from $130.00 to $149.99 the sum of $14.50.
(bb) For the amount loaned from $150.00 to $174.99 the sum of $14.75.
(cc) For the amount loaned from $175.00 to $199.99 the sum of $15.00.
(dd) For the amount loaned from $200.00 to $224.99 the sum of $16.00.
(ee) For the amount loaned from $225.00 to $249.99 the sum of $17.00.
(ff) For the amount loaned from $250.00 to $274.99 - the
sum of $18.00.
(gg) For the amount loaned from $275.00 to $299.99 the sum of $19.00.
(hh) For the amount loaned from $300.00 to $324.99 the sum of $20.00.
(ii) For the amount loaned from $325.00 to $349.99 - the
sum of $21.00.
(jj) For the amount loaned from $350.00 to $374.99 - the
sum of $22.00.
(kk) For the amount loaned from $375.00 to $399.99 the sum of $23.00.
(ll) For the amount loaned from $400.00 to $424.99 - the
sum of $24.00.
(mm) For the amount loaned from $425.00 to $449.99 the sum of $25.00.
(nn) For the amount loaned from $450.00 to $474.99 the sum of $26.00.
(oo) For the amount loaned from $475.00 to $499.99 the sum of $27.00.
(pp) For the amount loaned from $500.00 to $524.99 the sum of $28.00.
(2004 Ed.)
Pawnbrokers and Second-Hand Dealers
(qq) For the amount loaned from $525.00 to $549.99 the sum of $29.00.
(rr) For the amount loaned from $550.00 to $599.99 - the
sum of $30.00.
(ss) For the amount loaned from $600.00 to $699.99 - the
sum of $35.00.
(tt) For the amount loaned from $700.00 to $799.99 - the
sum of $40.00.
(uu) For the amount loaned from $800.00 to $899.99 the sum of $40.00.
(vv) For the amount loaned from $900.00 to $999.99 the sum of $50.00.
(ww) For the amount loaned from $1000.00 to $1499.99
- the sum of $55.00.
(xx) For the amount loaned from $1500.00 to $1999.99 the sum of $60.00.
(yy) For the amount loaned from $2000.00 to $2499.99 the sum of $65.00.
(zz) For the amount loaned from $2500.00 to $2999.99 the sum of $70.00.
(aaa) For the amount loaned from $3000.00 to $3499.99
- the sum of $75.00.
(bbb) For the amount loaned from $3500.00 to $3999.99
- the sum of $80.00.
(ccc) For the amount loaned from $4000.00 to $4499.99
- the sum of $85.00.
(ddd) For the amount loaned from $4500.00 or more the sum of $90.00.
(3) Fees under subsection (2) of this section may be
charged one time only for each loan period; no additional
fees, other than interest allowed under subsection (1) of this
section, shall be charged for making the loan.
A copy of this section, set in twelve point type or larger,
shall be posted prominently in each premises subject to this
chapter. [1995 c 133 § 2; 1991 c 323 § 7; 1984 c 10 § 9; 1973
1st ex.s. c 91 § 1; 1909 c 249 § 234; RRS § 2486.]
Interest—Usury: Chapter 19.52 RCW.
19.60.061
19.60.061 Pawnbrokers—Sale of pledged property
limited—Written document required for transactions.
(1) The term of the loan shall be for a period of thirty days to
include the date of the loan.
(2) A pawnbroker shall not sell any property received in
pledge, until both the term of the loan and a grace period of a
minimum of sixty days has expired. However, if a pledged
article is not redeemed within the ninety-day period of the
term of the loan and the grace period, the pawnbroker shall
have all rights, title, and interest of that item of personal property. The pawnbroker shall not be required to account to the
pledgor for the proceeds received from the disposition of that
item. Any provision of law relating to the foreclosures and
the subsequent sale of forfeited pledged items, shall not be
applicable to any pledge as defined under this chapter, the
title to which is transferred in accordance with this section.
(3) Every loan transaction entered into by a pawnbroker
shall be evidenced by a written document, a copy of which
shall be furnished to the pledgor. The document shall set
forth the term of the loan; the final date on which the loan is
due and payable; the loan preparation fee; the amount of
interest charged every thirty days; the total amount due
(2004 Ed.)
19.60.066
including the principal amount, the preparation fee, and all
interest charges due if the loan is outstanding for the full
ninety days allowed by the term and minimum grace period;
and the annual percentage rate, and shall inform the pledgor
of the pledgor's right to redeem the pledge at any time within
the term of the loan or the minimum sixty-day grace period.
(4) If a person who has entered into a loan transaction
with a pawnbroker in this state is unable to redeem and repay
the loan on or before the expiration of the term of the loan
plus the minimum sixty-day grace period, and that person
wishes to retain his or her rights to use that item by rewriting
the loan, and if both parties mutually agree, an existing loan
transaction may be rewritten into a new loan, either in person
or by mail. All applicable provisions of this chapter shall be
followed in rewriting a loan, except that where an existing
loan is rewritten by mail RCW 19.60.020(1) (a) and (g) shall
not apply. [1995 c 133 § 3; 1991 c 323 § 8; 1984 c 10 § 10.]
19.60.062
19.60.062 Attorney fees and costs in action to recover
possession or determine title or ownership. By either
party, in an action brought by an owner to recover goods in
the possession of a pawnbroker or second-hand dealer, or an
action brought by a pawnbroker or second-hand dealer
against an owner, or a person claiming ownership, to determine title or ownership of any item, the prevailing party is
entitled to reasonable attorney's fees and costs. [1991 c 323
§ 9; 1984 c 10 § 11; 1979 ex.s. c 41 § 1.]
19.60.066
19.60.066 Prohibited acts—Penalty. It is a gross misdemeanor under chapter 9A.20 RCW for:
(1) Any person to remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon
an item of personal property that was purchased, consigned,
or received in pledge. In addition an item shall not be
accepted for pledge or a second-hand purchase where the
manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched
upon an item of personal property has been removed, altered,
or obliterated;
(2) Any person to knowingly make, cause, or allow to be
made any false entry or misstatement of any material matter
in any book, record, or writing required to be kept under this
chapter;
(3) Any pawnbroker or second-hand dealer to receive
any property from any person under the age of eighteen
years, any person under the influence of intoxicating liquor or
drugs, or any person known to the pawnbroker or secondhand dealer as having been convicted of burglary, robbery,
theft, or possession of or receiving stolen property within the
past ten years whether the person is acting in his or her own
behalf or as the agent of another;
(4) Any pawnbroker to engage in the business of cashing
or selling checks, drafts, money orders, or other commercial
paper serving the same purpose unless the pawnbroker complies with the provisions of chapter 31.45 RCW; or
(5) Any person to violate knowingly any other provision
of this chapter. [1991 c 355 § 21; 1991 c 323 § 10; 1984 c 10
§ 12.]
Reviser's note: This section was amended by 1991 c 323 § 10 and by
1991 c 355 § 21, each without reference to the other. Both amendments are
[Title 19 RCW—page 109]
19.60.068
Title 19 RCW: Business Regulations—Miscellaneous
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date, implementation—1991 c 355: See RCW 31.45.900.
19.60.068 Resale agreement to avoid interest and fee
restrictions prohibited. A purchase of personal property
shall not be made on the condition of selling it back at a stipulated time and price greater than the purchase price, for the
purpose of avoiding the interest and fee restrictions of this
chapter. [1991 c 323 § 11.]
19.60.068
ten copy of his script prior to such broadcast and has cut such
speaker off the air as soon as reasonably possible in the event
such speaker deviates from such written script, said owner,
licensee, or operator, or the agents or employees thereof,
shall not be liable for any damages, for any defamatory statement published or uttered by such person in or as a part of
such radio or television broadcast unless such defamatory
statements are contained in said written script. [1943 c 229 §
1; Rem. Supp. 1943 § 998-1.]
19.64.020
19.60.075 Regulation by political subdivisions. The
regulation of pawnbrokers and second-hand dealers under
this chapter is not intended to restrict political subdivisions
from enacting ordinances or codes requiring the licensing of
pawnbrokers and second-hand dealers or from enacting ordinances or codes which are more restrictive than the provisions of this chapter. [1984 c 10 § 13.]
19.60.075
19.60.085 Exemptions. The provisions of this chapter
do not apply to transactions conducted by the following:
(1) Motor vehicle dealers licensed under chapter 46.70
RCW;
(2) Vehicle wreckers or hulk haulers licensed under
chapter 46.79 or 46.80 RCW;
(3) Persons giving an allowance for the trade-in or
exchange of second-hand property on the purchase of other
merchandise of the same kind of greater value; and
(4) Persons in the business of buying or selling empty
food and beverage containers or metal or nonmetal junk.
[2000 c 171 § 56; 1985 c 70 § 2; 1984 c 10 § 2.]
19.60.085
19.60.900 Severability—1984 c 10. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 10 § 15.]
19.60.900
19.60.901 Effective date—1984 c 10. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect thirty days
after it is signed by the governor and filed with the secretary
of state. [1984 c 10 § 16.]
19.60.901
Reviser's note: The effective date of this act [1984 c 10] was March 22,
1984.
Chapter 19.64
Chapter 19.64 RCW
RADIO BROADCASTING
Sections
19.64.010
19.64.020
19.64.900
Liability of owner or operator limited.
Speaker or sponsor liability not limited.
Saving—1943 c 229.
Libel and slander: Chapter 9.58 RCW.
Radio broadcasting rights as to horse races: RCW 67.16.110.
19.64.010 Liability of owner or operator limited.
Where the owner, licensee, or operator of a radio or television
broadcasting station, or the agents or employees thereof, has
required a person speaking over said station to submit a writ19.64.010
[Title 19 RCW—page 110]
19.64.020 Speaker or sponsor liability not limited.
Nothing contained shall be construed as limiting the liability
of any speaker or his sponsor or sponsors for defamatory
statements made by such speaker in or as a part of any such
broadcast. [1943 c 229 § 2; Rem. Supp. 1943 § 998-2.]
19.64.900
19.64.900 Saving—1943 c 229. This chapter shall not
be applicable to or affect any cause of action existing at the
time this chapter becomes effective. [1943 c 229 § 3.]
Chapter 19.68
Chapter 19.68 RCW
REBATING BY PRACTITIONERS OF
HEALING PROFESSIONS
Sections
19.68.010
19.68.020
19.68.030
19.68.040
Rebating prohibited—Disclosure—List of alternative facilities.
Deemed unprofessional conduct.
License may be revoked or suspended.
Declaration of intent.
Hearing instrument fitter/dispensers: RCW 18.35.110.
Physicians, surgeons, dentists, oculists, optometrists, osteopaths, chiropractors, drugless healers, etc.: Title 18 RCW.
19.68.010
19.68.010 Rebating prohibited—Disclosure—List of
alternative facilities. (1) It shall be unlawful for any person,
firm, corporation or association, whether organized as a
cooperative, or for profit or nonprofit, to pay, or offer to pay
or allow, directly or indirectly, to any person licensed by the
state of Washington to engage in the practice of medicine and
surgery, drugless treatment in any form, dentistry, or pharmacy and it shall be unlawful for such person to request,
receive or allow, directly or indirectly, a rebate, refund, commission, unearned discount or profit by means of a credit or
other valuable consideration in connection with the referral
of patients to any person, firm, corporation or association, or
in connection with the furnishings of medical, surgical or
dental care, diagnosis, treatment or service, on the sale,
rental, furnishing or supplying of clinical laboratory supplies
or services of any kind, drugs, medication, or medical supplies, or any other goods, services or supplies prescribed for
medical diagnosis, care or treatment.
(2) Ownership of a financial interest in any firm, corporation or association which furnishes any kind of clinical laboratory or other services prescribed for medical, surgical, or
dental diagnosis shall not be prohibited under this section
where (a) the referring practitioner affirmatively discloses to
the patient in writing, the fact that such practitioner has a
financial interest in such firm, corporation, or association;
and (b) the referring practitioner provides the patient with a
list of effective alternative facilities, informs the patient that
(2004 Ed.)
Suretyship
he or she has the option to use one of the alternative facilities,
and assures the patient that he or she will not be treated differently by the referring practitioner if the patient chooses
one of the alternative facilities.
(3) Any person violating this section is guilty of a misdemeanor. [2003 c 53 § 147; 1993 c 492 § 233; 1973 1st ex.s.
c 26 § 1; 1965 ex.s. c 58 § 1. Prior: 1949 c 204 § 1; Rem.
Supp. 1949 § 10185-14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
19.68.020
19.68.020 Deemed unprofessional conduct. The
acceptance directly or indirectly by any person so licensed of
any rebate, refund, commission, unearned discount, or profit
by means of a credit or other valuable consideration whether
in the form of money or otherwise, as compensation for referring patients to any person, firm, corporation or association
as set forth in RCW 19.68.030, constitutes unprofessional
conduct. [1965 ex.s. c 58 § 2; 1949 c 204 § 2; Rem. Supp.
1949 § 10185-15.]
19.68.030
19.68.030 License may be revoked or suspended. The
license of any person so licensed may be revoked or suspended if he has directly or indirectly requested, received or
participated in the division, transference, assignment, rebate,
splitting or refunding of a fee for, or has directly or indirectly
requested, received or profited by means of a credit or other
valuable consideration as a commission, discount or gratuity
in connection with the furnishing of medical, surgical or dental care, diagnosis or treatment or service, including x-ray
examination and treatment, or for or in connection with the
sale, rental, supplying or furnishing of clinical laboratory service or supplies, x-ray services or supplies, inhalation therapy
service or equipment, ambulance service, hospital or medical
supplies, physiotherapy or other therapeutic service or equipment, artificial limbs, teeth or eyes, orthopedic or surgical
appliances or supplies, optical appliances, supplies or equipment, devices for aid of hearing, drugs, medication or medical supplies or any other goods, services or supplies prescribed for medical diagnosis, care or treatment, except payment, not to exceed thirty-three and one-third percent of any
fee received for x-ray examination, diagnosis or treatment, to
any hospital furnishing facilities for such examination, diagnosis or treatment. [1965 ex.s. c 58 § 3. Prior: 1949 c 204 §
3; Rem. Supp. 1949 § 10185-16.]
19.68.040
19.68.040 Declaration of intent. It is the intent of this
chapter, and this chapter shall be so construed, that persons so
licensed shall only be authorized by law to charge or receive
compensation for professional services rendered if such services are actually rendered by the licensee and not otherwise:
PROVIDED, HOWEVER, That it is not intended to prohibit
two or more licensees who practice their profession as copartners to charge or collect compensation for any professional
services by any member of the firm, or to prohibit a licensee
who employs another licensee to charge or collect compensation for professional services rendered by the employee lic(2004 Ed.)
19.72.030
ensee. [2000 c 171 § 57; 1949 c 204 § 4; Rem. Supp. 1949 §
10185-17.]
Chapter 19.72
Chapter 19.72 RCW
SURETYSHIP
Sections
19.72.001
19.72.020
19.72.030
19.72.040
19.72.060
19.72.070
19.72.080
19.72.090
19.72.100
19.72.101
19.72.107
19.72.109
19.72.110
19.72.130
19.72.140
19.72.141
19.72.150
19.72.160
19.72.170
19.72.180
19.72.900
Definitions.
Individual sureties—Eligibility.
Individual sureties—Number—Qualification.
Individual sureties—Examination—Approval.
Corporate surety.
Subrogation of surety.
Contribution among sureties.
Default by surety—Indemnity.
Notice to creditor to institute action.
Failure of creditor to proceed—Discharge of surety.
Surety bond—Liability limited.
Release from official's, executor's, licensee's, etc., bond—Definitions.
Release from official's, executor's, licensee's, etc., bond—
Notice, service, proof.
Release from official's, executor's, licensee's, etc., bond—
Effective date—Failure to give new bond, effect.
Suretyship—Raising issue as defendant.
Suretyship—Order to exhaust principal's property.
Heirs, etc., bound—Exception.
Assets—Safekeeping agreements—Joint control of deposits.
Bonds not to fail for want of form or substance.
Successive recoveries on bond—Limitation.
Application.
Bail and appearance bonds: Chapter 10.19 RCW.
Bond of executor or administrator: Chapter 11.28 RCW.
Corporate
seals, effect of absence from instrument: RCW 64.04.105.
surety: Chapter 48.28 RCW.
Official bonds, in general: Chapter 42.08 RCW.
19.72.001
19.72.001 Definitions.
See RCW 19.72.109.
19.72.020
19.72.020 Individual sureties—Eligibility. Whenever
any bond or recognizance is required, or permitted, by law to
be made, given or filed, conditioned upon the doing or not
doing of anything specified therein and to be signed by one or
more persons as sureties, each of such sureties shall be a resident of this state; but no attorney at law, sheriff, clerk of any
court of record, or other officer of such court, shall be permitted to become such surety. [1927 c 162 § 1; RRS § 958-1.]
19.72.030
19.72.030 Individual sureties—Number—Qualification. Each of such sureties shall have separate property
worth the amount specified in the bond or recognizance, over
and above all debts and liabilities, and exclusive of property
exempt from execution, unless the other spouse joins in the
execution of the bond, in which case they must have community property of such required value; but in case such bond or
recognizance is given in any action or proceeding commenced or pending in any court the judge, on justification,
may allow more than two sureties to justify, severally, in
amounts less than the amount specified, if the whole justification is equivalent to that of two sufficient sureties. [1987 c
202 § 185; 1973 1st ex.s. c 154 § 22; 1927 c 162 § 2; RRS §
958-2.]
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
[Title 19 RCW—page 111]
19.72.040
Title 19 RCW: Business Regulations—Miscellaneous
19.72.040
19.72.100
19.72.040 Individual sureties—Examination—
Approval. In case such bond or recognizance is given in any
action or proceeding commenced or pending in any court, the
judge or clerk of any court of record or district court, or any
party to the action or proceeding for the security or protection
of which such bond or recognizance is made may, upon
notice, require any of such sureties to attend before the judge
at a time and place specified and to be examined under oath
touching the surety's qualifications both as to residence and
property as such surety, in such manner as the judge, in the
judge's discretion, may think proper. If the party demanding
the examination require it, the examination shall be reduced
to writing and subscribed by the surety. If the judge finds the
surety possesses the requisite qualifications and property, the
judge shall endorse the allowance thereof on the bond or
recognizance, and cause it to be filed as provided by law, otherwise it shall be of no effect. [2000 c 171 § 58; 1987 c 202
§ 186; 1927 c 162 § 3; RRS § 958-3. Formerly RCW
19.72.040, 19.72.050.]
Intent—1987 c 202: See note following RCW 2.04.190.
19.72.060
19.72.060 Corporate surety.
Chapter 48.28 RCW.
See surety insurance:
19.72.070
19.72.070 Subrogation of surety. When any defendant, surety in a judgment or special bail or replevin or surety
in a delivery bond or replevin bond, or any person being
surety in any bond whatever, has been or shall be compelled
to pay any judgment or any part thereof, or shall make any
payment which is applied upon such judgment by reason of
such suretyship, or when any sheriff or other officer or other
surety upon his official bond shall be compelled to pay any
judgment or any part thereof by reason of any default of such
officer, except for failing to pay over money collected, or for
wasting property levied upon, the judgment shall not be discharged by such payment, but shall remain in force for the
use of the bail, surety, officer or other person making such
payment, and after the plaintiff is paid, so much of the judgment as remains unsatisfied may be prosecuted to execution
for his use. [Code 1881 § 648; RRS § 978. Prior: 1877 p 134
§ 651; 1869 p 151 § 588; 1854 p 211 § 430.]
19.72.080
19.72.080 Contribution among sureties. Any one of
several judgment defendants, and any one of several replevin
bail having paid and satisfied the plaintiff, shall have the remedy provided in RCW 19.72.070 against the codefendants
and cosureties to collect of them the ratable proportion each
is equitably bound to pay. [Code 1881 § 649; RRS § 979.
Prior: 1877 p 135 § 652; 1869 p 151 § 589; 1854 p 211 §
431.]
19.72.100 Notice to creditor to institute action. Any
person bound as surety upon any contract in writing for the
payment of money or the performance of any act, when the
right of action has accrued, may require by notice in writing
the creditor or obligee forthwith to institute an action upon
the contract. [Code 1881 § 644; RRS § 974. Prior: 1877 p
134 § 647; 1869 p 150 § 584; 1854 p 210 § 426. FORMER
PART OF SECTION: Code 1881 § 645; RRS § 975, now
codified as RCW 19.72.101.]
19.72.101
19.72.101 Failure of creditor to proceed—Discharge
of surety. If the creditor or obligee shall not proceed within
a reasonable time to bring his action upon such contract, and
prosecute the same to judgment and execution, the surety
shall be discharged from all liability thereon. [Code 1881 §
645; RRS § 975. Prior: 1877 p 134 § 648; 1869 p 150 § 585;
1854 p 210 § 427. Formerly RCW 19.72.100, part.]
19.72.107
19.72.107 Surety bond—Liability limited. (1) Except
under RCW 19.72.109, surety bond means any form of surety
insurance as defined in RCW 48.11.080. A surety bond may
not provide any other type of insurance coverage defined in
chapter 48.11 RCW. Language in any statute, ordinance, contract, or surety bond to the contrary is void.
(2) A surety bond shall not be liable for damages based
upon or arising out of any:
(a) Tortious injury, including death, to:
(i) Any person; or
(ii) Any real or personal property; or
(b) Failure to have any or adequate insurance coverage,
even if liability under (a) or (b) of this subsection is imposed
on the surety's principal or the surety by contract, surety
bond, strict liability, ordinance, statute, or common law.
[1992 c 115 § 1.]
19.72.109
19.72.109 Release from official's, executor's, licensee's, etc., bond—Definitions. Unless otherwise required
by the context, words as used in RCW 19.72.110, and
19.72.130 shall mean:
(1) "Bond" shall mean and include any bond, undertaking or writing executed by a principal and surety, required by
law from the principal as an official or employee of the state,
or any county, municipal corporation or taxing district, or as
guardian, executor, administrator, receiver or trustee, or as a
licensee or permittee as a condition to the right to receive,
hold or exercise any license, permit or franchise;
(2) "Surety" shall mean and include any person, firm or
corporation that has executed as surety any bond. [1937 c
145 § 1; RRS § 9942. Formerly RCW 19.72.010.] [SLC-RO17.]
19.72.110
19.72.090
19.72.090 Default by surety—Indemnity. No surety
or his representative shall confess judgment or suffer judgment by default in any case where he is notified that there is
a valid defense, if the principal will enter himself defendant
to the action and tender to the surety or his representatives
good security to indemnify him, to be approved by the court.
[Code 1881 § 650; RRS § 980. Prior: 1877 p 135 § 653; 1869
p 151 § 590; 1854 p 211 § 432.]
[Title 19 RCW—page 112]
19.72.110 Release from official's, executor's, licensee's, etc., bond—Notice, service, proof. Any surety
upon any bond described in RCW 19.72.109 desiring to be
released from subsequent liability and responsibility on any
such bond shall serve upon the principal of such bond a written notice that on and after a certain date to be fixed in the
notice, which shall be not less than ten days from the date of
the service of the notice, the surety will withdraw as surety
from such bond and shall serve a copy of such notice upon the
(2004 Ed.)
Suretyship
official with whom such bond is filed not less than ten days
prior to the date fixed in the notice as the date of termination
of liability. If such principal is an individual and resides
within the state of Washington, or is a corporation doing
business in the state of Washington, such notice shall be personally served upon such individual, or if the principal is a
firm or a corporation, such notice shall be served personally
upon any person upon whom personal service of summons
may be made under the existing laws of the state of Washington. If the principal is an individual and is not a resident of the
state of Washington, or cannot be found therein, or if the
principal is a foreign corporation, such notice shall be mailed
by registered mail to the last known address of such principal,
if any, which fact shall be shown by affidavit filed with the
notice of withdrawal as hereinafter provided, and a copy of
such notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county
of the residence of the official with whom such bond is filed.
The date of the last publication of notice shall be not less than
twenty days from the date stated therein as the date upon
which the surety will withdraw from the bond. Proof of such
service or publication shall be made by affidavit and filed
with the official with whom the bond is filed at least ten days
before the date fixed in the notice of withdrawal. [1937 c 145
§ 2; RRS § 9943. Formerly RCW 19.72.110 and 19.72.120.]
[SLC-RO-17.]
19.72.130
19.72.130 Release from official's, executor's, licensee's, etc., bond—Effective date—Failure to give new
bond, effect. On and after the date fixed in the notice as the
termination date the surety shall be released from subsequent
liability on such bond; and, unless before the date fixed in
such notice as the termination date by the surety, a new bond
shall be filed with sufficient and satisfactory surety as
required by law under which the bond was originally furnished and filed, the office, position or trust in the case of a
public office, guardian, executor, administrator, receiver or
trustee shall become vacant and a successor shall be
appointed as provided by law; and in case of a license, certificate, permit or franchise, the same shall become null and
void: PROVIDED, HOWEVER, That no surety shall be
released on the bond of any guardian, executor, administrator, receiver, or trustee until such fiduciary shall have furnished a new bond with surety approved by the court, or until
his successor has been appointed and has qualified and taken
over the fiduciary assets. Said notice of withdrawal shall be
final and not subject to cancellation by said surety and said
license, certificate, permit or franchise can only be continued
upon filing a new bond as above provided. [1937 c 145 § 3;
RRS § 9944.] [SLC-RO-17.]
19.72.140
19.72.140 Suretyship—Raising issue as defendant.
When any action is brought against two or more defendants
upon a contract, any one or more of the defendants being
surety for the others, the surety may, upon a written complaint to the court, cause the question of suretyship to be tried
and determined upon the issues made by the parties at the
trial of the cause, or at any time before or after the trial, or at
a subsequent term, but such proceedings shall not affect the
proceedings of the plaintiff. [Code 1881 § 646; RRS § 976.
(2004 Ed.)
19.72.180
Prior: 1877 p 134 § 649; 1869 p 150 § 586; 1854 p 210 § 428.
FORMER PART OF SECTION: Code 1881 § 647; RRS §
977, now codified as RCW 19.72.141.]
19.72.141
19.72.141 Suretyship—Order to exhaust principal's
property. If the finding upon such issue be in favor of the
surety, the court shall make an order directing the sheriff to
levy the execution upon, and first exhaust the property of the
principal before a levy shall be made upon the property of the
surety, and the clerk shall indorse a memorandum of the
order upon the execution. [Code 1881 § 647; RRS § 977.
Prior: 1877 p 134 § 650; 1869 p 151 § 587; 1854 p 211 § 429.
Formerly RCW 19.72.140, part.]
19.72.150
19.72.150 Heirs, etc., bound—Exception. The provisions of RCW 19.72.070 through 19.72.101, 19.72.140,
19.72.141 shall extend to heirs, executors, and administrators
of deceased persons, but the provisions of RCW 19.72.101
shall not operate against persons under legal disabilities.
[Code 1881 § 651; RRS § 981. Prior: 1877 p 135 § 654; 1869
p 151 § 591; 1854 p 211 § 433.]
19.72.160
19.72.160 Assets—Safekeeping agreements—Joint
control of deposits. It shall be lawful for any party of whom
a bond, undertaking or other obligation is required, to agree
with his surety or sureties for the deposit of any or all moneys
and assets for which he and his surety or sureties are or may
be held responsible, with a bank, savings bank, savings and
loan association, safe deposit or trust company, authorized by
law to do business as such, or with other depository approved
by the court or a judge thereof, if such deposit is otherwise
proper, for the safekeeping thereof, and in such manner as to
prevent the withdrawal of such money or assets or any part
thereof, without the written consent of such surety or sureties,
or an order of court, or a judge thereof made on such notice to
such surety or sureties as such court or judge may direct:
PROVIDED, HOWEVER, That such agreement shall not in
any manner release from or change the liability of the principal or sureties as established by the terms of said bond. [1953
c 46 § 1.]
19.72.170
19.72.170 Bonds not to fail for want of form or substance. No bond required by law, and intended as such bond,
shall be void for want of form or substance, recital, or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to
the full extent contemplated by the law requiring the same, to
the amount specified in such bond. In all actions on such
defective bond, the plaintiff may state its legal effect, in the
same manner as though it were a perfect bond. [Code 1881 §
749; 1854 p 219 § 489; RRS § 777. Formerly RCW
10.19.120, part.] [SLC-RO-10.]
19.72.180
19.72.180 Successive recoveries on bond—Limitation. In the event of the breach of the condition of any bond
described in RCW 19.72.109, successive recoveries may be
made thereon by any of the obligees thereof: PROVIDED,
HOWEVER, That the total amount of all such recoveries,
whether by one or more of such obligees, shall not exceed, in
[Title 19 RCW—page 113]
19.72.900
Title 19 RCW: Business Regulations—Miscellaneous
the aggregate, the penal sum specified in such bond. [1959 c
113 § 1.]
19.72.900
19.72.900 Application. This chapter applies to all sureties, regardless of whether the sureties are compensated or
uncompensated. [1992 c 115 § 2.]
Chapter 19.76
Chapter 19.76 RCW
BEVERAGE BOTTLES, ETC.—
LABELING—REFILLING
Sections
19.76.100
19.76.110
19.76.120
19.76.130
Labels on bottles, etc.—Filing—Publication.
Refilling bottles, etc.—Forbidden.
Refilling bottles, etc.—Possession as evidence.
Refilling bottles, etc.—Penalty.
Trademark registration: Chapter 19.77 RCW.
19.76.100
19.76.100 Labels on bottles, etc.—Filing—Publication. All persons engaged in the manufacture, bottling or
selling of ale, porter, lager beer, soda, mineral water, or other
beverages in casks, kegs, bottles or boxes, with their names
or other marks of ownership stamped or marked thereon, may
file in the office of the secretary of state a description of
names or marks so used by them, and publish the same in a
newspaper of general circulation in the county, printed in the
English language, once a week for six successive weeks, in
counties where the articles are manufactured, bottled or sold.
[1985 c 469 § 11; 1981 c 302 § 1; 1897 c 38 § 1; RRS §
11546.]
Severability—1981 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 302 § 40.]
Alcoholic beverage control: Title 66 RCW.
Labeling of spirits, etc.: RCW 66.28.100 through 66.28.120.
19.76.110
19.76.110 Refilling bottles, etc.—Forbidden. It is
hereby declared to be unlawful for any person or persons
hereafter, without the written consent of the owner or owners
thereof, to fill with ale, porter, lager beer or soda, mineral
water or other beverages, for sale or to be furnished to customers, any such casks, barrels, kegs, bottles or boxes so
marked or stamped, or to sell, dispose of, buy or traffic in, or
wantonly destroy any such cask, barrel, keg, bottle or box so
marked, stamped, by the owner or owners thereof, after such
owner or owners shall have complied with the provisions of
RCW 19.76.100. [2003 c 53 § 148; 1897 c 38 § 2; RRS §
11547.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
any junk dealer or dealers in casks, barrels, kegs, bottles or
boxes, shall have in his or her possession any such cask, barrel, keg, bottle or box so marked or stamped and registered as
aforesaid, without such written permission, shall and is
hereby declared to be prima facie evidence that such use,
buying, selling, trafficking in or possession is unlawful
within the meaning of RCW 19.76.100 through 19.76.120.
[1897 c 38 § 3; RRS § 11548.]
19.76.130
19.76.130 Refilling bottles, etc.—Penalty. Any person
who violates RCW 19.76.100 through 19.76.120 is guilty of
a misdemeanor, and upon conviction shall be fined five dollars for each and every cask, barrel, keg, or box, and fifty
cents for each and every bottle so by him, her, or them filled,
bought, sold, used, trafficked in, or wantonly destroyed,
together with costs of suit for first offense, and ten dollars for
each and every cask, barrel, keg, and box and one dollar for
each and every bottle so filled, bought, sold, used, trafficked
in, or wantonly destroyed, together with the costs of suit for
each subsequent offense. [2003 c 53 § 149.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Chapter 19.77
Chapter 19.77 RCW
TRADEMARK REGISTRATION
Sections
19.77.010
19.77.015
19.77.020
19.77.030
19.77.040
19.77.050
19.77.060
19.77.070
19.77.080
19.77.090
19.77.115
19.77.130
19.77.140
19.77.150
19.77.160
19.77.170
19.77.900
19.77.910
19.77.920
19.77.930
19.77.940
Definitions.
Reservation—Fees—Rules.
Registration of certain trademarks prohibited.
Application for registration—Fee—Rules—Corrections—
Amendment for change in categories.
Certificate of registration—Issuance—Contents—Admissibility in evidence.
Duration of certificate—Renewal—Fees—Rules.
Assignment of trademark, registration, or application—Fee—
Rules.
Secretary of state to keep records.
Secretary of state must cancel certain registrations.
Actions relating to registration—Service on secretary of
state—Assessment—Set by rule.
Classification of goods and services.
Fraudulent registration—Financial liability.
Trademark imitation.
Remedies of registrants.
Injunctive relief for owners of famous marks.
Use of trademark employed by alien person outside of United
States—Limitation of damages, relief—Exceptions.
Common law rights preserved prior to registration.
Saving—1955 c 211.
Severability—1955 c 211.
Construction—1989 c 72.
Prospective application—1989 c 72.
Crimes relating to trademarks: Chapter 9.16 RCW.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Crimes relating to brands and marks: Chapter 9.16 RCW.
19.77.010
19.76.120
19.76.120 Refilling bottles, etc.—Possession as evidence. The using by any person other than the rightful owner
thereof, without such written permission, of any such cask,
barrel, keg, bottle or box, for the sale therein of ale, porter,
lager beer, soda, mineral waters or other beverages, or to be
furnished to customers, or the buying, selling or trafficking in
any such barrel, keg, bottle or box, by any person other than
the owner, without such written permission, or the fact that
[Title 19 RCW—page 114]
19.77.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Alien" when used with reference to a person means
a person who is not a citizen of the United States.
(2) "Applicant" means the person filing an application
for registration of a trademark under this chapter, his or her
legal representatives, predecessors, successors, or assigns of
record with the secretary of state.
(2004 Ed.)
Trademark Registration
(3) "Domestic" when used with reference to a person
means a person who is a citizen of the United States.
(4) The term "colorable imitation" includes any mark
which so resembles a registered mark as to be likely to cause
confusion or mistake or to deceive.
(5) A "counterfeit" is a spurious mark which is identical
with, or substantially indistinguishable from, a registered
mark.
(6) "Dilution" means the lessening of the capacity of a
famous mark to identify and distinguish goods or services
through use of a mark by another person, regardless of the
presence or absence of (a) competition between the owner of
the famous mark and other parties, or (b) likelihood of confusion, mistake, or deception arising from that use.
(7) "Person" means any individual, firm, partnership,
corporation, association, union, or other organization capable
of suing and being sued in a court of law.
(8) "Registered mark" means a trademark registered
under this chapter.
(9) "Registrant" means the person to whom the registration of a trademark under this chapter is issued, his or her
legal representatives, successors, or assigns of record with
the secretary of state.
(10) "Trademark" or "mark" means any word, name,
symbol, or device or any combination thereof adopted and
used by a person to identify goods made or sold by him or her
and to distinguish them from goods made or sold by others,
and any word, name, symbol, or device, or any combination
thereof, and any title, designation, slogan, character name,
and distinctive feature of radio or television programs, used
by a person in the sale or advertising of services to identify
the services provided by him or her and to distinguish them
from the services of others.
(11) A trademark shall be deemed to be "used" in this
state when it is placed in the ordinary course of trade and not
merely to reserve a right in a mark in any manner on the
goods or their containers, or on tabs or labels affixed thereto,
or displayed in connection with such goods, and such goods
are sold or otherwise distributed in this state, or when it is
used or displayed in the sale or advertising of services rendered in this state.
(12) "Trade name" means any name used by a person to
identify a business or vocation of such a person.
(13) A mark shall be deemed to be "abandoned":
(a) When its use has been discontinued with intent not to
resume such use. Intent not to resume may be inferred from
circumstances. Nonuse for three consecutive years shall be
prima facie evidence of abandonment; or
(b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark
to become the generic name for the goods or services or
causes the mark to lose its significance as an indication of
source or origin. Purchaser motivation shall not be a test for
determining abandonment under this subsection. [2003 c 34
§ 1; 1994 c 60 § 6; 1989 c 72 § 1; 1955 c 211 § 1.]
Effective date—1955 c 211: "This act shall be in force and take effect
on September 1, 1955." [1955 c 211 § 19.]
19.77.015
19.77.015 Reservation—Fees—Rules. The exclusive
right to the use of a trademark may be reserved by:
(2004 Ed.)
19.77.030
(1) A person intending to register a trademark under this
title; or
(2) A domestic or foreign corporation intending to
change its trademark.
The reservation shall be made by filing with the secretary of state an application to reserve a specified trademark or
service mark, executed by or on behalf of the applicant, one
copy of the trademark artwork, and fees as set by rule by the
secretary of state. If the secretary of state finds that the trademark is available for use, the secretary of state shall reserve
the trademark for the exclusive use of the applicant for a
period of one hundred eighty days. The reservation is limited
to one filing. [1994 c 60 § 2.]
19.77.020
19.77.020 Registration of certain trademarks prohibited. (1) A trademark by which the goods or services of any
applicant for registration may be distinguished from the
goods or services of others shall not be registered if it:
(a) Consists of or comprises immoral, deceptive, or scandalous matter; or
(b) Consists of or comprises matter which may disparage
or falsely suggest a connection with persons, living or dead,
institutions, beliefs, or national symbols, or bring them into
contempt or disrepute; or
(c) Consists of or comprises the flag or coat of arms or
other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or
(d) Consists of or comprises the name, portrait, or signature identifying a particular living individual who has not
consented in writing to its registration; or
(e) Consists of or comprises a trademark which so
resembles a trademark registered in this state, or a trademark
or trade name used in this state by another prior to the date of
the applicant's or applicant's predecessor's first use in this
state and not abandoned, as to be likely, when applied to the
goods or services of the applicant, to cause confusion or mistake or to deceive.
(2) Registration under this title does not constitute prima
facie evidence that a mark is not merely descriptive, deceptively misdescriptive, or geographically descriptive or deceptively misdescriptive of the goods or services with which it is
used, or is not primarily merely a surname, unless the applicant has made substantially exclusive and continuous use
thereof as a trademark in this state or elsewhere in the United
States for the five years next preceding the date of the filing
of the application for registration.
(3) A trade name is not registrable under this chapter.
However, if a trade name also functions as a trademark, it is
registrable as a trademark.
(4) The secretary of state shall make a determination of
registerability by considering the application record and the
marks previously registered and subsisting under this chapter. [2003 c 34 § 2; 1989 c 72 § 2; 1955 c 211 § 2.]
19.77.030
19.77.030 Application for registration—Fee—
Rules—Corrections—Amendment for change in categories. (1) Subject to the limitations set forth in this chapter,
any person who has adopted and is using a trademark in this
state may file in the office of the secretary of state, on a form
to be furnished by the secretary of state, an application for
[Title 19 RCW—page 115]
19.77.040
Title 19 RCW: Business Regulations—Miscellaneous
registration of that trademark setting forth, but not limited to,
the following information:
(a) The name and business address of the applicant, and,
if the applicant is a corporation, its state of incorporation;
(b) The particular goods or services in connection with
which the trademark is used and the class in which such
goods or services fall;
(c) The manner in which the trademark is placed on or
affixed to the goods or containers, or displayed in connection
with such goods, or used in connection with the sale or advertising of the services;
(d) The date when the trademark was first used with such
goods or services anywhere and the date when it was first
used with such goods or services in this state by the applicant
or his predecessor in business;
(e) A statement that the trademark is presently in use in
this state by the applicant;
(f) A statement that the applicant believes himself to be
the owner of the trademark and believes that no other person
has the right to use such trademark in connection with the
same or similar goods or services in this state either in the
identical form or in such near resemblance thereto as to be
likely, when used on or in connection with the goods or services of such other person, to cause confusion or mistake or
to deceive; and
(g) Such additional information or documents as the secretary of state may reasonably require.
(2) A single application for registration of a trademark
may specify all goods or services in a single class or in multiple classes for which the trademark is actually being used.
(3) The application shall be signed by the applicant individual, or by a member of the applicant firm, or by an officer
of the applicant corporation, association, union or other organization.
(4) The application shall be accompanied by three specimens or facsimiles of the trademark for each of the goods or
services for which its registration is requested, and a filing
fee, as set by rule by the secretary of state, payable to the secretary of state. The fee established by the secretary may vary
based upon the number of categories listed in the application.
(5) An applicant may correct an application previously
filed by the secretary of state, within ninety days of the original filing, if the application contains an incorrect statement
or the application was defectively executed, signed, or
acknowledged. An application is corrected by filing a form
provided by the secretary of state, and accompanied by a filing fee established by the secretary by rule. The correction
may not change the mark itself. A corrected application is
effective on the effective date of the document it corrects,
except that it is effective on the date the correction is filed as
to persons relying on the uncorrected document and
adversely affected by the correction.
(6) An applicant may amend an application previously
filed by the secretary of state if the applicant changes the categories in which it does business. An application is amended
by filing a form provided by the secretary of state, accompanied by three specimens or facsimiles of the trademark for
any new or additional goods or services for which the amendment is requested, and a filing fee established by the secretary
by rule. The amendment or correction may not change the
mark itself. An amended application is effective on the date it
[Title 19 RCW—page 116]
is filed. [1998 c 39 § 1; 1994 c 60 § 1; 1989 c 72 § 3; 1982 c
35 § 181; 1955 c 211 § 3.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
19.77.040
19.77.040 Certificate of registration—Issuance—
Contents—Admissibility in evidence. Upon compliance by
the applicant with the requirements of this chapter, the secretary of state shall issue a certificate of registration and deliver
it to the applicant. The certificate of registration shall be
issued under the signature of the secretary of state and the
seal of the state, and it shall show the registrant's name and
business address and, if the registrant is a corporation, its
state of incorporation, the date claimed for the first use of the
trademark anywhere, the date claimed for the first use of the
trademark in this state, the particular goods or services for
which the trademark is used, the class in which such goods
and services fall, a reproduction of the trademark, the registration date and the term of the registration.
Any certificate of registration issued by the secretary of
state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in any action
or judicial proceeding in any court of this state as prima facie
evidence of:
(1) The validity of the registration of the trademark;
(2) The registrant's ownership of the trademark; and
(3) The registrant's exclusive right to use the trademark
in this state in connection with the goods or services specified
in the certificate, subject to any conditions and limitations
stated in the certificate.
Registration of a trademark under this chapter shall be
constructive notice of the registrant's claim of ownership of
the trademark throughout this state. [1989 c 72 § 4; 1955 c
211 § 4.]
19.77.050
19.77.050 Duration of certificate—Renewal—Fees—
Rules. Registration of a trademark hereunder shall be effective for a term of five years from the date of registration.
Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary
of state requiring all the allegations of an application for original registration, the registration may be renewed for successive terms of five years as to the goods or services for which
the trademark is still in use in this state. A renewal fee as set
by rule by the secretary of state, payable to the secretary of
state, shall accompany each application for renewal of the
registration.
The secretary of state shall notify registrants of trademarks hereunder or their agents for service of record with the
secretary of state of the necessity of renewal within the year,
but not less than six months, next preceding the expiration of
the unexpired original or renewed term by writing to the last
known address of the registrants or their agents according to
the files of the secretary of state. Neither the secretary of
state's failure to notify a registrant nor the registrant's nonreceipt of a notice under this section shall extend the term of a
registration or excuse the registrant's failure to renew a registration. [2003 c 34 § 3; 1994 c 60 § 3; 1989 c 72 § 5; 1982 c
35 § 182; 1955 c 211 § 5.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
(2004 Ed.)
Trademark Registration
19.77.060
19.77.060 Assignment of trademark, registration, or
application—Fee—Rules. Any trademark and its registration or application for registration hereunder shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business
connected with the use of and symbolized by the trademark.
An assignment by an instrument in writing duly executed and
acknowledged, or the designation of a legal representative,
successor, or agent for service shall be recorded by the secretary of state on request when accompanied by a fee, as set by
rule by the secretary of state, payable to the secretary of state.
On request, upon recording of the assignment and payment of
a further fee of five dollars, the secretary of state shall issue
in the name of the assignee a new certificate for the remainder of the unexpired original or renewal term of the registration. An assignment of any registration or application for registration under this chapter shall be void as against any subsequent purchaser for a valuable consideration without notice,
unless it is recorded with the secretary of state within three
months after the date thereof or prior to such subsequent purchase. [1994 c 60 § 4; 1982 c 35 § 183; 1955 c 211 § 6.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
19.77.070
19.77.070 Secretary of state to keep records. The secretary of state shall keep for public examination a record of
all trademarks registered or renewed under this chapter, and
the records specified in RCW 19.77.060. [1955 c 211 § 7.]
19.77.080
19.77.080 Secretary of state must cancel certain registrations. The secretary of state shall cancel from the register:
(1) Any registration concerning which the secretary of
state shall receive a voluntary written request for cancellation
thereof from the registrant;
(2) All expired registrations not renewed under this
chapter;
(3) Any registration concerning which a court of competent jurisdiction has rendered a final judgment against the
registrant, which has become unappealable, canceling the
registration or finding that:
(a) The registered trademark has been abandoned;
(b) The registrant under this chapter or under a prior act
is not the owner of the trademark;
(c) The registration was granted contrary to the provisions of this chapter;
(d) The registration was obtained fraudulently;
(e) The registered trademark has become incapable of
serving as a trademark; or
(f) The registered trademark is so similar to a trademark
registered by another person in the United States patent and
trademark office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned, as to be likely to cause confusion or mistake or to
deceive: PROVIDED, That such finding was made on petition of such other person and that should the registrant prove
that he or she is the owner of a concurrent registration of the
trademark in the United States patent and trademark office
covering an area including this state, the registration hereunder shall not be canceled. [1989 c 72 § 6; 1955 c 211 § 8.]
(2004 Ed.)
19.77.140
19.77.090 Actions relating to registration—Service
on secretary of state—Assessment—Set by rule. The secretary of state shall be the agent for service of process in any
action relating to the registration of any registrant who is at
the time of such service a nonresident or a foreign firm, corporation, association, union, or other organization without a
resident of this state designated as the registrant's agent for
service of record with the secretary of state, or who cannot be
found in this state, and service of process, pleadings and
papers in such action made upon the secretary of state shall
be held as due and sufficient process upon the registrant. The
secretary of state shall charge and collect an assessment, as
set by rule by the secretary of state, at the time of any service
of process upon the secretary of state under this section. The
assessment may be recovered as taxable costs by the party to
the suit or action causing such service to be made if such
party prevails in the suit or action. The assessment shall be
deposited in the secretary of state's revolving fund. [1994 c
287 § 5; 1982 c 35 § 184; 1955 c 211 § 9.]
19.77.090
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
19.77.115
19.77.115 Classification of goods and services. The
secretary of state must adopt by rule a classification of goods
and services for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's
rights, and a single application for registration of a mark may
include any or all goods upon which, or services with which,
the mark is actually being used indicating the appropriate
class or classes of goods or services. When a single application includes goods or services that fall within multiple
classes, the secretary of state may require payment of a fee
for each class. To the extent practical, the classification of
goods and services should conform to the classification
adopted by the United States patent and trademark office.
[2003 c 34 § 4.]
19.77.130
19.77.130 Fraudulent registration—Financial liability. Any person who shall for himself, or on behalf of any
other person, procure the registration of any trademark by the
secretary of state under the provisions of this chapter, by
knowingly making any false or fraudulent representation or
declaration, or by any other fraudulent means, shall be liable
to pay all damages sustained in consequence of such registration, to be recovered by or on behalf of the party injured
thereby in any court of competent jurisdiction, together with
costs of such action including reasonable attorneys' fees.
[1989 c 72 § 8; 1955 c 211 § 13.]
19.77.140
19.77.140 Trademark imitation. (1) Subject to the
provisions of RCW 19.77.900 any person who shall:
(a) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this chapter in connection with the
sale, offering for sale, or advertising of any goods or services
on or in connection with which such use is likely to cause
confusion or mistake or to deceive as to the source or origin
of such goods or services; or
(b) Reproduce, counterfeit, copy or colorably imitate any
such trademark and apply such reproduction, counterfeit,
copy or colorable imitation to labels, signs, prints, packages,
[Title 19 RCW—page 117]
19.77.150
Title 19 RCW: Business Regulations—Miscellaneous
wrappers, receptacles, or advertisements intended to be used
upon or in connection with the sale or other distribution of
goods or services in this state on or in connection with which
such use is likely to cause confusion, or to cause mistake, or
to deceive as to the source or origin of such goods or services
shall be liable to a civil action by the registrant for any or all
of the remedies provided in RCW 19.77.150, except that
under (b) of this subsection the registrant shall not be entitled
to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to
deceive.
(2) In determining whether, under this chapter, there is a
likelihood of confusion, mistake, or deception between marks
when used in association with goods or services, the court
shall consider all relevant factors, including, but not limited
to the following:
(a) The similarity or dissimilarity of the marks in their
entireties to appearance, sound, meaning, connotation, and
commercial impression;
(b) The similarity or dissimilarity of the goods or services and nature of the goods and services;
(c) The similarity or dissimilarity of trade channels;
(d) The conditions under which sales are made and buyers to whom sales are made;
(e) The fame of the marks;
(f) The number and nature of similar marks in use on
similar goods or services;
(g) The nature and extent of any actual confusion;
(h) The length of time during and conditions under
which there has been concurrent use without evidence of
actual confusion;
(i) The variety of goods or services on which each of the
marks is or is not used;
(j) The nature and extent of potential confusion, i.e.,
whether de minimis or substantial;
(k) Any other established fact probative of the effect of
use. [2003 c 34 § 5; 1989 c 72 § 9; 1955 c 211 § 14.]
19.77.150
19.77.150 Remedies of registrants. Any registrant
may proceed by suit to enjoin the manufacture, use, display,
or sale of any counterfeits or colorable imitations of a trademark registered under this chapter, and any court of competent jurisdiction may grant an injunction to restrain such manufacture, use, display, or sale as may be by the said court
deemed just and reasonable, and may require the defendants
to pay to such registrant all profits derived from and/or all
damages suffered by reason of such wrongful manufacture,
use, display, or sale; and such court may also order that any
such counterfeits or colorable imitations in the possession or
under the control of any defendant in such case be delivered
to an officer of the court, or to the registrant, to be destroyed.
The court, in its discretion, may enter judgment awarding
reasonable attorneys' fees and/or an amount not to exceed
three times such profits and damages in such cases where the
court finds the other party committed the wrongful acts in bad
faith or otherwise as according to the circumstances of the
case.
The enumeration of any right or remedy herein shall not
affect a registrant's right to prosecute under any penal law of
this state. [2003 c 34 § 6; 1989 c 72 § 11; 1955 c 211 § 15.]
[Title 19 RCW—page 118]
19.77.160 Injunctive relief for owners of famous
marks. (1) The owner of a mark that is famous in this state
shall be entitled, subject to the principles of equity and upon
such terms as the court deems reasonable, to an injunction
against another person's commercial use in this state of a
mark, commencing after the mark becomes famous, which
causes dilution of the distinctive quality of the mark, and to
obtain such other relief as is provided in this section. In
determining whether a mark is famous and has distinctive
quality, a court shall consider all relevant factors, including,
but not limited to the following:
(a) The degree or inherent or acquired distinctiveness of
the mark in this state;
(b) The duration and extent of use of the mark in connection with the goods or services with which the mark is used;
(c) The duration and extent of advertising and publicity
of the mark in this state;
(d) The geographical extent of the trading area in which
the mark is used;
(e) The channels of trade for the goods or services with
which the mark is used;
(f) The degree of recognition of the mark in the trading
areas and channels of trade in this state used by the mark's
owner and the person against whom the injunction is sought;
(g) The nature and extent of use of the same or similar
marks by third parties; and
(h) Whether the mark is the subject of state registration
in this state or United States registration.
(2) The owner shall be entitled only to injunctive relief in
an action brought under this section, unless the subsequent
user willfully intended to trade on the owner's reputation or to
cause dilution of the owner's mark. If such willful intent is
proven, the owner shall also be entitled to the remedies set
forth in this chapter, subject to the discretion of the court and
the principles of equity.
(3) The following are not actionable under this section:
(a) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify
competing goods or services of the owner of the famous
mark;
(b) Noncommercial use of a famous mark; and
(c) All forms of reporting and news commentary. [2003
c 34 § 7; 1989 c 72 § 10.]
19.77.160
19.77.170 Use of trademark employed by alien person outside of United States—Limitation of damages,
relief—Exceptions. Damages or equitable relief of any
nature may not be awarded in any pending or future legal procedure in favor of an alien person against a domestic person
on account of the domestic person's use of a trademark or
trade name in this state that is employed by the alien person
outside of the United States, absent proof that:
(1) The alien person had commenced to employ the
trademark or trade name in connection with the sale of its
goods or services within the United States prior to the time
the domestic person commenced to use the trademark or
trade name in this state; or
(2) That the trademark was registered by the United
States patent and trademark office or reserved by the secretary of state to the alien person at the time the domestic person commenced to use it. This section applies regardless of
19.77.170
(2004 Ed.)
Trade Names
the nature of the claim asserted and whether the claim upon
which any such relief is sought arises by statute, under the
common law, or otherwise. [1994 c 60 § 7.]
19.77.900
19.77.900 Common law rights preserved prior to registration. Nothing herein shall adversely affect the rights or
the enforcement of rights in trademarks acquired in good
faith at common law prior to registration under this chapter;
however, during any period subsequent to July 23, 1989,
when the registration of a mark under this chapter is in force
and the registrant has not abandoned the trademark, no common law rights as against the registrant may be acquired.
[1989 c 72 § 12; 1955 c 211 § 16.]
19.77.910
19.77.910 Saving—1955 c 211. As to any pending suit,
proceeding or appeal, and for that purpose only, the repeal of
prior acts shall be deemed not to be effective until final determination. [1955 c 211 § 17.]
19.77.920
19.77.920 Severability—1955 c 211. If any provision
of this chapter is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions. [1955 c 211 § 20.]
19.77.930
19.77.930 Construction—1989 c 72. It is the intent of
the legislature that, in construing this chapter, the courts be
guided by the interpretation given by the federal courts to the
federal trademark act of 1946, as amended, 15 U.S.C., Sec.
1051, et seq. [1989 c 72 § 13.]
19.77.940
19.77.940 Prospective application—1989 c 72. Chapter 72, Laws of 1989 applies prospectively only and not retroactively. The rights and obligations of chapter 72, Laws of
1989 shall accrue upon July 23, 1989, to all prior trademark
registrations then in effect, and the provisions of chapter 72,
Laws of 1989 shall not apply to any cause of action arising
prior to July 23, 1989. [1989 c 72 § 14.]
19.80.010
19.80.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Trade name" means a word or name, or any combination of a word or name, used by a person to identify the person's business which:
(a) Is not, or does not include, the true and real name of
all persons conducting the business; or
(b) Includes words which suggest additional parties of
interest such as "company," "and sons," or "and associates."
(2) "Business" means an occupation, profession, or
employment engaged in for the purpose of seeking a profit.
(3) "Person" means any individual, partnership, limited
liability company, or corporation conducting or having an
interest in a business in the state.
(4) "True and real name" means:
(a) The surname of an individual coupled with one or
more of the individual's other names, one or more of the individual's initials, or any combination;
(b) The designation or appellation by which an individual is best known and called in the business community
where that individual transacts business, if this is used as that
individual's legal signature;
(c) The registered corporate name of a domestic corporation as filed with the secretary of state;
(d) The registered corporate name of a foreign corporation authorized to do business within the state of Washington
as filed with the secretary of state;
(e) The registered partnership name of a domestic limited partnership as filed with the secretary of state;
(f) The registered partnership name of a foreign limited
partnership as filed with the secretary of state; or
(g) The name of a general partnership which includes in
its name the true and real names, as defined in (a) through (f)
of this subsection, of each general partner as required in
RCW 19.80.010. [2000 c 174 § 1; 1996 c 231 § 2; 1984 c 130
§ 2.]
19.80.005
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.010 Registration required. Each person or persons who shall carry on, conduct, or transact business in this
state under any trade name shall register that trade name with
the department of licensing as set forth in this section:
(1) Sole proprietorship or general partnership: The registration shall set forth the true and real name or names of
each person conducting the same, together with the post
office address or addresses of each such person and the name
of the general partnership, if applicable.
(2) Foreign or domestic limited partnership: The registration shall set forth the limited partnership name as filed
with the office of the secretary of state.
(3) Foreign or domestic limited liability company: The
registration shall set forth the limited liability company name
as filed with the office of the secretary of state.
(4) Foreign or domestic corporation: The registration
shall set forth the corporate name as filed with the office of
the secretary of state. [2000 c 174 § 2; 1996 c 231 § 3; 1984
c 130 § 3; 1979 ex.s. c 22 § 1; 1907 c 145 § 1; RRS § 9976.]
19.80.010
Chapter 19.80
Chapter 19.80 RCW
TRADE NAMES
Sections
19.80.001
19.80.005
19.80.010
19.80.025
19.80.040
19.80.045
19.80.065
19.80.075
19.80.900
Purposes.
Definitions.
Registration required.
Changes in registration—Filing notice of change.
Failure to file.
Rules—Fees.
RCW 42.17.260(9) inapplicable.
Collection and deposit of fees.
Severability—1984 c 130.
19.80.001
19.80.001 Purposes. The purposes of this chapter are:
(1) To require each person who is conducting business in the
state of Washington under a trade name to disclose the true
and real name of each person conducting that business, and
(2) to provide a central registry of businesses operating under
a trade name in the state of Washington. [1984 c 130 § 1.]
Effective date—1984 c 130: "Sections 1 through 11 of this act shall
take effect on October 1, 1984. The director of licensing is authorized to
immediately take such steps as are necessary to insure that this act is implemented on its effective date." [1984 c 130 § 12.]
(2004 Ed.)
Effective date—1984 c 130: See note following RCW 19.80.001.
Adoption of rules—1979 ex.s. c 22: "The director of the department of
licensing shall promulgate such rules and regulations as are necessary to
[Title 19 RCW—page 119]
19.80.025
Title 19 RCW: Business Regulations—Miscellaneous
implement the transfer of duties and of records required by section 1 of this
1979 act. Such rules shall provide for transfer of existing certificates from
the counties to the department, set fees for filing of certificates and amendments, and set fees for obtaining copies thereof." [1979 ex.s. c 22 § 3.]
name registration fees shall be deposited in the master license
fund. [1992 c 107 § 6; 1984 c 130 § 9.]
Effective date—1979 ex.s. c 22: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
July 1, 1979." [1979 ex.s. c 22 § 4.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.025
19.80.025 Changes in registration—Filing notice of
change. (1) A notice of change shall be filed with the department of licensing when a change occurs in:
(a) The true and real name of a person conducting a business with a trade name registered under this chapter; or
(b) Any mailing address set forth on the registration or
any subsequently filed notice of change.
(2) A notice of cancellation shall be filed with the department when use of a trade name is discontinued.
(3) A notice of cancellation, together with a new registration, shall be filed before conducting or transacting any business when:
(a) An addition, deletion, or any change of person or persons conducting business under the registered trade name
occurs; or
(b) There is a change in the wording or spelling of the
trade name since initial registration or renewal. [2000 c 174
§ 3; 1984 c 130 § 5.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.040
19.80.040 Failure to file. No person or persons carrying on, conducting, or transacting business under any trade
name shall be entitled to maintain any suit in any of the courts
of this state until such person or persons have properly completed the registration as provided for in RCW 19.80.010.
Failure to complete this registration shall not impair the
validity of any contract or act of such person or persons and
shall not prevent such person or persons from defending any
suit in any court of this state. [1984 c 130 § 7; 1907 c 145 §
5; RRS § 9980. Formerly RCW 19.80.040 and 19.80.050.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.045
19.80.045 Rules—Fees. The director of licensing shall
adopt rules as necessary to administer this chapter. The rules
may include but are not limited to specifying forms and setting fees for trade name registrations, amendments, searches,
renewals, and copies of registration documents. Fees shall
not exceed the actual cost of administering this chapter.
[1984 c 130 § 6.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.065
19.80.065 RCW 42.17.260(9) inapplicable. RCW
42.17.260(9) does not apply to registrations made under this
chapter. [2000 c 171 § 59; 1984 c 130 § 8.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.075
19.80.075 Collection and deposit of fees. All fees collected by the department of licensing under this chapter shall
be deposited with the state treasurer and credited to the master license fund, except for trade name registration fees collected from June 1, 1992, to June 30, 1992, which shall be
deposited in the general fund. Beginning July 1, 1992, trade
[Title 19 RCW—page 120]
Effective dates—1992 c 107: See note following RCW 19.02.020.
19.80.900
19.80.900 Severability—1984 c 130. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 130 § 11.]
Effective date—1984 c 130: See note following RCW 19.80.001.
Chapter 19.83
Chapter 19.83 RCW
TRADING STAMP LICENSES
Sections
19.83.010
19.83.020
19.83.030
19.83.040
19.83.050
License required to use or furnish trading stamps, coupons, or
similar devices.
Issuance of license—Fee.
Furnishing or selling trading stamps, coupons, or similar
devices geographically limited.
Coupons or similar devices—Exemptions.
Penalty.
Trading stamps and premiums, general provision: Chapter 19.84 RCW.
19.83.010
19.83.010 License required to use or furnish trading
stamps, coupons, or similar devices. Every person who
uses, or furnishes, or sells to any other person for use, in,
with, or for the sale of any goods, any trading stamps, coupons, tickets, certificates, cards or other similar devices
which entitle the purchaser to procure any goods free of
charge or for less than the retail market price thereof, upon
the production of any number of such trading stamps, coupons, tickets, certificates, cards, or other similar devices,
shall before so furnishing, selling, or using the same obtain a
separate license from the auditor of each county wherein such
furnishing or selling or using shall take place for each and
every store or place of business in that county, owned or conducted by such person from which such furnishing or selling,
or in which such using shall take place. [1913 c 134 § 1; RRS
§ 8359. Formerly RCW 36.91.010.]
19.83.020
19.83.020 Issuance of license—Fee. In order to obtain
such license the person applying therefor shall pay to the
county treasurer of the county for which the license is sought
the sum of six thousand dollars, and upon such payment
being made to the county treasurer he shall issue his receipt
therefor which shall be presented to the auditor of the county,
who shall upon the presentation thereof issue to the person
making such payment a license to furnish or sell, or a license
to use, for one year, trading stamps, coupons, tickets, certificates, cards, or other similar devices. Such license shall contain the name of the licensee, the date of its issue, the date of
its expiration, the city or town in which and the location at
which the same shall be used, and the license shall be used at
no place other than that mentioned therein. [1913 c 134 § 2;
RRS § 8360. Formerly RCW 36.91.020.]
19.83.030
19.83.030 Furnishing or selling trading stamps, coupons, or similar devices geographically limited. No person
shall furnish or sell to another for use, in, with, or for the sale
(2004 Ed.)
Trading Stamps and Premiums
of any goods, any trading stamps, coupons, tickets, certificates, cards, or other similar devices to be used in any county,
city or town in this state other than that in which such furnishing or selling shall take place. [1957 c 221 § 2. Prior: 1939 c
31 § 1, part; 1913 c 134 § 3, part; RRS § 8361, part. Formerly
RCW 36.91.030.]
19.83.040
19.83.040 Coupons or similar devices—Exemptions.
(1) Nothing in this chapter, or in any other statute or ordinance of this state, shall apply to:
(a) The issuance and direct redemption by a manufacturer of a premium coupon, certificate, or similar device; or
prevent him from issuing and directly redeeming such premium coupon, certificate, or similar device, which, however,
shall not be issued, circulated, or distributed by retail vendors
except when contained in or attached to an original package;
(b) The publication by, or distribution through, newspapers or other publications of coupons, certificates, or similar
devices; or
(c) A coupon, certificate, or similar device which is
within, attached to, or a part of a package or container as
packaged by the original manufacturer and which is to be
redeemed by another manufacturer, if:
(i) The coupon, certificate, or similar device clearly
states the names and addresses of both the issuing manufacturer and the redeeming manufacturer; and
(ii) The issuing manufacturer is responsible for redemption of the coupon, certificate, or similar device if the
redeeming manufacturer fails to do so.
(2) The term "manufacturer," as used in this section,
means any vendor of an article of merchandise which is put
up by or for him in an original package and which is sold
under his or its trade name, brand, or mark. [1983 c 40 § 1;
1972 ex.s. c 104 § 1; 1957 c 221 § 3. Prior: 1939 c 31 § 1,
part; 1913 c 134 § 3, part; RRS § 8361, part. Formerly RCW
36.91.040.]
Severability—1983 c 40: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1983 c 40 § 2.]
19.83.050
19.83.050 Penalty. Any person violating any of the
provisions of this chapter shall be guilty of a gross misdemeanor. [1913 c 134 § 4; RRS § 8362. Formerly RCW
36.91.050.]
Chapter 19.84
Chapter 19.84 RCW
TRADING STAMPS AND PREMIUMS
Sections
19.84.010
19.84.020
19.84.030
19.84.040
Redeemable cash value to be printed on face.
Must redeem at cash value.
Distributor liable.
Criminal penalty.
19.84.040
directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, unless each of
said stamps, trading stamps, cash discount stamps, checks,
tickets, coupons or other similar devices shall have legibly
printed or written upon the face thereof the redeemable value
thereof in cents. [1907 c 253 § 1; RRS § 5837.]
19.84.020
19.84.020 Must redeem at cash value. Any person
who shall sell or issue to any person engaged in any trade,
business or profession, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device
which will entitle the holder thereof, on presentation thereof
either singly or in definite number, to receive either directly
from the vendor or indirectly through any other person,
money or goods, wares or merchandise, shall, upon presentation, redeem the same either in goods, wares or merchandise,
or in cash, good and lawful money of the United States, at the
option of the holder thereof, and any number of such stamps,
trading stamps, cash discount stamps, checks, tickets, coupons, or other similar devices shall be redeemed as hereinbefore set forth, at the value in cents printed upon the face
thereof, and it shall not be necessary for the holder thereof to
have any stipulated number of the same before demand for
redemption may be made, but they shall be redeemed in any
number, when presented, at the value in cents printed upon
the face thereof, as hereinbefore provided. [1907 c 253 § 2;
RRS § 5838.]
19.84.030
19.84.030 Distributor liable. Any person engaged in
any trade, business or profession who shall distribute, deliver
or present to any person dealing with him, in consideration of
any article or thing purchased, any stamp, trading stamp, cash
discount stamp, check, ticket, coupon or other similar device,
which will entitle the holder thereof, on presentation thereof,
either singly or in definite number, to receive, either directly
from the person issuing or selling the same, as set forth in
RCW 19.84.020, or indirectly through any other person,
shall, upon the refusal or failure of the said person issuing or
selling same to redeem the same, as set forth in RCW
19.84.020, be liable to the holder thereof for the face value
thereof, and shall upon presentation redeem the same, either
in goods, wares or merchandise, or in cash, good and lawful
money of the United States of America, at the option of the
holder thereof, and in such case any number of such stamps,
trading stamps, cash discount stamps, checks, tickets, coupons or other similar devices, shall be redeemed as hereinbefore set forth, at the value in cents printed upon the face
thereof, and it shall not be necessary for the holder thereof to
have any stipulated number of the same before demand for
redemption may be made, but they shall be redeemed in any
number, when presented, at the value in cents printed upon
the face thereof, as hereinbefore provided. [1907 c 253 § 3;
RRS § 5839.]
Trading stamp licenses: Chapter 19.83 RCW.
19.84.040
19.84.010
19.84.010 Redeemable cash value to be printed on
face. No person shall sell or issue any stamps, trading stamp,
cash discount stamp, check, ticket, coupon or other similar
device, which will entitle the holder thereof, on presentation
thereof, either singly or in definite number, to receive, either
(2004 Ed.)
19.84.040 Criminal penalty. Any person, firm or corporation who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and shall be
fined not less than one hundred dollars nor more than one
thousand dollars for each offense. [1907 c 253 § 4; RRS §
5840.]
[Title 19 RCW—page 121]
Chapter 19.85
Chapter 19.85
Title 19 RCW: Business Regulations—Miscellaneous
Chapter 19.85 RCW
REGULATORY FAIRNESS ACT
Sections
19.85.011
19.85.020
19.85.025
19.85.030
19.85.040
19.85.050
19.85.061
19.85.070
19.85.900
Finding.
Definitions.
Application of chapter—Limited.
Agency rules—Small business economic impact statement—
Reduction of costs imposed by rule.
Small business economic impact statement—Purpose—Contents.
Agency plan for review of business rules—Scope—Factors
applicable to review—Annual list.
Compliance with federal law.
Small business economic impact statement—Notice of proposed rule.
Severability—1982 c 6.
Rules coordinator duties regarding business: RCW 43.17.310.
19.85.011
19.85.011 Finding. The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the
size of those businesses. This disproportionate impact
reduces competition, innovation, employment, and new
employment opportunities, and threatens the very existence
of some small businesses. The legislature therefore enacts the
Regulatory Fairness Act with the intent of reducing the disproportionate impact of state administrative rules on small
business. [1994 c 249 § 9.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
19.85.020
19.85.020 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply through
this chapter.
(1) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other
legal entity, that is owned and operated independently from
all other businesses, and that has fifty or fewer employees.
(2) "Small business economic impact statement" means a
statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.
(3) "Industry" means all of the businesses in this state in
any one four-digit standard industrial classification as published by the United States department of commerce. However, if the use of a four-digit standard industrial classification would result in the release of data that would violate state
confidentiality laws, "industry" means all businesses in a
three-digit standard industrial classification. [2003 c 166 § 1;
1994 c 249 § 10; 1993 c 280 § 34; 1989 c 374 § 1; 1982 c 6 §
2.]
Effective date—1994 c 249 § 10: "Section 10 of this act shall take
effect July 1, 1994." [1994 c 249 § 37.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—Severability—1993 c 280: See RCW 43.330.902 and
43.330.903.
19.85.025
19.85.025 Application of chapter—Limited. (1)
Unless an agency receives a written objection to the expedited repeal of a rule, this chapter does not apply to a rule proposed for expedited repeal pursuant to *RCW 34.05.354. If
an agency receives a written objection to expedited repeal of
the rule, this chapter applies to the rule-making proceeding.
[Title 19 RCW—page 122]
(2) This chapter does not apply to a rule proposed for
expedited adoption under **RCW 34.05.230 (1) through (8),
unless a written objection is timely filed with the agency and
the objection is not withdrawn.
(3) This chapter does not apply to the adoption of a rule
described in RCW 34.05.310(4).
(4) An agency is not required to prepare a separate small
business economic impact statement under RCW 19.85.040
if it prepared an analysis under RCW 34.05.328 that meets
the requirements of a small business economic impact statement, and if the agency reduced the costs imposed by the rule
on small business to the extent required by ***RCW
19.85.030(3). The portion of the analysis that meets the
requirements of RCW 19.85.040 shall be filed with the code
reviser and provided to any person requesting it in lieu of a
separate small business economic impact statement. [1997 c
409 § 212; 1995 c 403 § 401.]
Reviser's note: *(1) RCW 34.05.354 was repealed by 2001 c 25 § 3.
For expedited repeal, see RCW 34.05.353.
**(2) RCW 34.05.230 was amended by 2001 c 25 § 1, deleting subsections (1) through (8). For expedited adoption, see RCW 34.05.353.
***(3) RCW 19.85.030 was amended by 2000 c 171 § 60, changing
subsection (3) to subsection (2).
Part headings—Severability—1997 c 409: See notes following RCW
43.22.051.
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
19.85.030
19.85.030 Agency rules—Small business economic
impact statement—Reduction of costs imposed by rule.
(1) In the adoption of a rule under chapter 34.05 RCW, an
agency shall prepare a small business economic impact statement: (a) If the proposed rule will impose more than minor
costs on businesses in an industry; or (b) if requested to do so
by a majority vote of the joint administrative rules review
committee within forty-five days of receiving the notice of
proposed rule making under RCW 34.05.320. However, if
the agency has completed the pilot rule process as defined by
RCW 34.05.313 before filing the notice of a proposed rule,
the agency is not required to prepare a small business economic impact statement.
An agency shall prepare the small business economic
impact statement in accordance with RCW 19.85.040, and
file it with the code reviser along with the notice required
under RCW 34.05.320. An agency shall file a statement prepared at the request of the joint administrative rules review
committee with the code reviser upon its completion before
the adoption of the rule. An agency shall provide a copy of
the small business economic impact statement to any person
requesting it.
(2) Based upon the extent of disproportionate impact on
small business identified in the statement prepared under
RCW 19.85.040, the agency shall, where legal and feasible in
meeting the stated objectives of the statutes upon which the
rule is based, reduce the costs imposed by the rule on small
businesses. Methods to reduce the costs on small businesses
may include:
(2004 Ed.)
Regulatory Fairness Act
(a) Reducing, modifying, or eliminating substantive regulatory requirements;
(b) Simplifying, reducing, or eliminating recordkeeping
and reporting requirements;
(c) Reducing the frequency of inspections;
(d) Delaying compliance timetables;
(e) Reducing or modifying fine schedules for noncompliance; or
(f) Any other mitigation techniques. [2000 c 171 § 60;
1995 c 403 § 402; 1994 c 249 § 11. Prior: 1989 c 374 § 2;
1989 c 175 § 72; 1982 c 6 § 3.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
19.85.050
accurate assessment of the costs of a proposed rule, and the
means to reduce the costs imposed on small business. [1995
c 403 § 403; 1994 c 249 § 12. Prior: 1989 c 374 § 3; 1989 c
175 § 73; 1982 c 6 § 4.]
*Reviser's note: RCW 19.85.030 was amended by 2000 c 171 § 60,
changing subsection (3) to subsection (2).
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Publication in Washington State Register: RCW 34.08.020.
19.85.050
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Publication of small business economic impact statement in Washington
State Register: RCW 34.08.020.
19.85.040
19.85.040 Small business economic impact statement—Purpose—Contents. (1) A small business economic
impact statement must include a brief description of the
reporting, recordkeeping, and other compliance requirements
of the proposed rule, and the kinds of professional services
that a small business is likely to need in order to comply with
such requirements. It shall analyze the costs of compliance
for businesses required to comply with the proposed rule
adopted pursuant to RCW 34.05.320, including costs of
equipment, supplies, labor, and increased administrative
costs. It shall consider, based on input received, whether
compliance with the rule will cause businesses to lose sales or
revenue. To determine whether the proposed rule will have a
disproportionate impact on small businesses, the impact
statement must compare the cost of compliance for small
business with the cost of compliance for the ten percent of
businesses that are the largest businesses required to comply
with the proposed rules using one or more of the following as
a basis for comparing costs:
(a) Cost per employee;
(b) Cost per hour of labor; or
(c) Cost per one hundred dollars of sales.
(2) A small business economic impact statement must
also include:
(a) A statement of the steps taken by the agency to
reduce the costs of the rule on small businesses as required by
*RCW 19.85.030(3), or reasonable justification for not doing
so, addressing the options listed in *RCW 19.85.030(3);
(b) A description of how the agency will involve small
businesses in the development of the rule; and
(c) A list of industries that will be required to comply
with the rule. However, this subsection (2)(c) shall not be
construed to preclude application of the rule to any business
or industry to which it would otherwise apply.
(3) To obtain information for purposes of this section, an
agency may survey a representative sample of affected businesses or trade associations and should, whenever possible,
appoint a committee under RCW 34.05.310(2) to assist in the
(2004 Ed.)
19.85.050 Agency plan for review of business rules—
Scope—Factors applicable to review—Annual list. (1)
Within one year after June 10, 1982, each agency shall publish and deliver to the office of financial management and to
all persons who make requests of the agency for a copy of a
plan to periodically review all rules then in effect and which
have been issued by the agency which have an economic
impact on more than twenty percent of all industries or ten
percent of the businesses in any one industry. Such plan may
be amended by the agency at any time by publishing a revision to the review plan and delivering such revised plan to the
office of financial management and to all persons who make
requests of the agency for the plan. The purpose of the review
is to determine whether such rules should be continued without change or should be amended or rescinded, consistent
with the stated objectives of applicable statutes, to minimize
the economic impact on small businesses as described by this
chapter. The plan shall provide for the review of all such
agency rules in effect on June 10, 1982, within ten years of
that date.
(2) In reviewing rules to minimize any significant economic impact of the rule on small businesses as described by
this chapter, and in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors:
(a) The continued need for the rule;
(b) The nature of complaints or comments received concerning the rule from the public;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps, duplicates, or
conflicts with other state or federal rules, and, to the extent
feasible, with local governmental rules; and
(e) The degree to which technology, economic conditions, or other factors have changed in the subject area
affected by the rule.
(3) Each year each agency shall publish a list of rules
which are to be reviewed pursuant to this section during the
next twelve months and deliver a copy of the list to the office
of financial management and all persons who make requests
of the agency for the list. The list shall include a brief description of the legal basis for each rule as described by RCW
34.05.360, and shall invite public comment upon the rule.
[1989 c 175 § 74; 1982 c 6 § 5.]
Effective date—1989 c 175: See note following RCW 34.05.010.
[Title 19 RCW—page 123]
19.85.061
Title 19 RCW: Business Regulations—Miscellaneous
19.85.061 Compliance with federal law. Unless so
requested by a majority vote of the joint administrative rules
review committee under RCW 19.85.030, an agency is not
required to comply with this chapter when adopting any rule
solely for the purpose of conformity or compliance, or both,
with federal statute or regulations. In lieu of the statement
required under RCW 19.85.030, the agency shall file a statement citing, with specificity, the federal statute or regulation
with which the rule is being adopted to conform or comply,
and describing the consequences to the state if the rule is not
adopted. [1995 c 403 § 404.]
19.85.061
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW
34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
19.85.070 Small business economic impact statement—Notice of proposed rule. When any rule is proposed
for which a small business economic impact statement is
required, the adopting agency shall provide notice to small
businesses of the proposed rule through any of the following:
(1) Direct notification of known interested small businesses or trade organizations affected by the proposed rule; or
(2) Providing information of the proposed rule making to
publications likely to be obtained by small businesses of the
types affected by the proposed rule. [1992 c 197 § 1.]
19.85.070
19.85.900 Severability—1982 c 6. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 6 § 11.]
19.85.900
Chapter 19.86
Chapter 19.86 RCW
UNFAIR BUSINESS PRACTICES—
CONSUMER PROTECTION
Sections
19.86.010
19.86.020
19.86.023
19.86.030
19.86.040
19.86.050
19.86.060
19.86.070
19.86.080
19.86.090
19.86.095
19.86.100
19.86.110
19.86.115
Definitions.
Unfair competition, practices, declared unlawful.
Violation of RCW 15.86.030 constitutes violation of RCW
19.86.020.
Contracts, combinations, conspiracies in restraint of trade
declared unlawful.
Monopolies and attempted monopolies declared unlawful.
Transactions and agreements not to use or deal in commodities
or services of competitor declared unlawful when lessens
competition.
Acquisition of corporate stock by another corporation to lessen
competition declared unlawful—Exceptions—Judicial order
to divest.
Labor not an article of commerce—Chapter not to affect
mutual, nonprofit organizations.
Attorney general may restrain prohibited acts—Costs—Restoration of property.
Civil action for damages—Treble damages authorized—
Action by governmental entities.
Request for injunctive relief—Appellate proceeding—Service
on the attorney general.
Assurance of discontinuance of prohibited act—Approval of
court—Not considered admission.
Demand to produce documentary materials for inspection,
answer written interrogatories, or give oral testimony—Contents—Service—Unauthorized disclosure—Return—Modification, vacation—Use—Penalty.
Materials from a federal agency or other state's attorney general.
[Title 19 RCW—page 124]
19.86.120
19.86.130
19.86.140
19.86.145
19.86.150
19.86.160
19.86.170
19.86.900
19.86.910
19.86.920
Limitation of actions—Tolling.
Final judgment to restrain is prima facie evidence in civil
action—Exceptions.
Civil penalties.
Penalties—Animals used in biomedical research.
Dissolution, forfeiture of corporate franchise for violations.
Personal service of process outside state.
Exempted actions or transactions—Stipulated penalties and
remedies are exclusive.
Severability—1961 c 216.
Short title.
Purpose—Interpretation—Liberal construction—Saving—
1985 c 401; 1983 c 288; 1983 c 3; 1961 c 216.
Adult family homes: Chapter 70.128 RCW.
Advertisement of children for adoption: RCW 26.33.400.
Agriculture—Declarations of "Washington state grown": RCW 15.04.410.
Auctioneers: Chapter 18.11 RCW.
Automotive repair: Chapter 46.71 RCW.
Bail bond agents—Records—Finances—Disposition of security—Application of consumer protection act: RCW 18.185.210.
Business opportunity fraud act: Chapter 19.110 RCW.
Camping resorts: RCW 19.105.405, 19.105.500.
Cemetery board—Violation—Penalty—Unfair practice—Other laws applicable: RCW 68.05.330.
Chain distributor schemes: RCW 19.102.020.
Charitable solicitations, regulation: RCW 19.09.340.
Check cashers and sellers: Chapter 31.45 RCW.
Cigarettes—Sales below cost: RCW 19.91.300.
Collection agencies: RCW 19.16.120, 19.16.440.
Commercial telephone solicitation: Chapter 19.158 RCW.
Consumer leases: RCW 63.10.050.
Contractors: Chapter 18.27 RCW.
Credit—Fair credit reporting act: Chapter 19.182 RCW.
Credit services organization act: RCW 19.134.070.
Debt adjusting: RCW 18.28.185.
Degree-granting institutions: Chapter 28B.85 RCW.
Electronic mail—Commercial: Chapter 19.190 RCW.
Electronic signatures—Licensed certification authority using license in violation of chapter 19.86 RCW: RCW 19.34.100.
Embalmers and funeral directors: RCW 18.39.350.
Employment agencies—Enforcement: RCW 19.31.210.
Equity skimming: Chapter 61.34 RCW.
Escrow agents—Advertisement, statement, or reference to existence of financial responsibility requirements prohibited—Referral fees prohibited:
RCW 18.44.400, 18.44.450.
Fair credit reporting act: Chapter 19.182 RCW.
Franchise investment protection: RCW 19.100.030, 19.100.160,
19.100.190, 19.100.200.
Going out of business sales: Chapter 19.178 RCW.
Health studio services: Chapter 19.142 RCW.
Hearing instrument dispensing, advertising, etc.—Application: RCW
18.35.110, 18.35.120, 18.35.180.
Heating oil pollution liability protection act: RCW 70.149.100.
House-to-house sales by minors: RCW 49.12.310.
Immigration assistants: RCW 19.154.090.
International student exchange: Chapter 19.166 RCW.
Kosher food products: Chapter 69.90 RCW.
Land development law: RCW 58.19.270.
Law against discrimination: RCW 49.60.030.
Lease-purchase agreements: Chapter 63.19 RCW.
Leases: RCW 62A.2A-104.
Manufactured and mobile home installation service and warranty service
standards: RCW 43.22.440.
(2004 Ed.)
Unfair Business Practices—Consumer Protection
Mechanics' and materialmen's liens—Acts of coercion: RCW 60.04.035.
Medicaid patient discrimination: RCW 74.42.055.
Mortgage brokers: Chapter 19.146 RCW.
Motor vehicle dealers: Chapter 46.70 RCW.
Motor vehicle service contracts: Chapter 48.96 RCW.
19.86.070
19.86.040
19.86.040 Monopolies and attempted monopolies
declared unlawful. It shall be unlawful for any person to
monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part
of trade or commerce. [1961 c 216 § 4.]
Motor vehicle subleasing or transfer: Chapter 19.116 RCW.
19.86.050
Motor vehicle warranties: Chapter 19.118 RCW.
Nursing homes—Discrimination against medicaid recipients: RCW
74.42.055.
Offers to alter bids at sales pursuant to deeds of trust: RCW 61.24.135.
On-site sewage additive manufacturers: RCW 70.118.080.
Operator services: RCW 80.36.360, 80.36.400, 80.36.530, 80.36.540.
Pay-per-call information delivery services: Chapter 19.162 RCW.
Private vocational schools: Chapter 28C.10 RCW.
Promotional advertising of prizes: Chapter 19.170 RCW.
Radio communications service companies not regulated by utilities and
transportation commission: RCW 80.66.010.
Roofing and siding contractors and salespersons: Chapter 19.186 RCW.
Sellers of travel: Chapter 19.138 RCW.
Telephone buyers' protection act: Chapter 19.130 RCW.
Timeshare act: Chapter 64.36 RCW.
19.86.050 Transactions and agreements not to use or
deal in commodities or services of competitor declared
unlawful when lessens competition. It shall be unlawful for
any person to lease or make a sale or contract for sale of
goods, wares, merchandise, machinery, supplies, or other
commodities, or services, whether patented or unpatented,
for use, consumption, enjoyment, or resale, or fix a price
charged therefor, or discount from, or rebate upon, such
price, on the condition, agreement, or understanding that the
lessee or purchaser thereof shall not use or deal in the goods,
wares, merchandise, machinery, supplies, or other commodity or services of a competitor or competitors of the lessor or
seller, where the effect of such lease, sale, or contract for such
sale or such condition, agreement, or understanding may be
to substantially lessen competition or tend to create a monopoly in any line of commerce. [1961 c 216 § 5.]
Unsolicited goods or services: Chapter 19.56 RCW.
19.86.060
Usurious contracts: RCW 19.52.036.
Viatical settlements act: Chapter 48.102 RCW.
Water companies exempt from utilities and transportation commission regulation: RCW 80.04.010.
Weatherization of leased or rented residences: RCW 70.164.060.
19.86.010
19.86.010 Definitions. As used in this chapter:
(1) "Person" shall include, where applicable, natural persons, corporations, trusts, unincorporated associations and
partnerships.
(2) "Trade" and "commerce" shall include the sale of
assets or services, and any commerce directly or indirectly
affecting the people of the state of Washington.
(3) "Assets" shall include any property, tangible or intangible, real, personal, or mixed, and wherever situate, and any
other thing of value. [1961 c 216 § 1.]
19.86.020
19.86.020 Unfair competition, practices, declared
unlawful. Unfair methods of competition and unfair or
deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful. [1961 c 216 § 2.]
Hearing instrument dispensing, advertising, etc.—Application: RCW
18.35.180.
19.86.023
19.86.023 Violation of RCW 15.86.030 constitutes
violation of RCW 19.86.020. Any violation of RCW
15.86.030 shall also constitute a violation under RCW
19.86.020. [1985 c 247 § 7.]
19.86.060 Acquisition of corporate stock by another
corporation to lessen competition declared unlawful—
Exceptions—Judicial order to divest. It shall be unlawful
for any corporation to acquire, directly or indirectly, the
whole or any part of the stock or assets of another corporation
where the effect of such acquisition may be to substantially
lessen competition or tend to create a monopoly in any line of
commerce.
This section shall not apply to corporations purchasing
such stock solely for investment and not using the same by
voting or otherwise to bring about, or in attempting to bring
about, the substantial lessening of competition. Nor shall
anything contained in this section prevent a corporation from
causing the formation of subsidiary corporations for the
actual carrying on of their immediate lawful business, or the
natural and legitimate branches or extensions thereof, or from
owning and holding all or a part of the stock of such subsidiary corporations, when the effect of such formation is not to
substantially lessen competition.
In addition to any other remedy provided by this chapter,
the superior court may order any corporation to divest itself
of the stock or assets held contrary to this section, in the manner and within the time fixed by said order. [1961 c 216 § 6.]
19.86.070
19.86.030 Contracts, combinations, conspiracies in
restraint of trade declared unlawful. Every contract, combination, in the form of trust or otherwise, or conspiracy in
restraint of trade or commerce is hereby declared unlawful.
[1961 c 216 § 3.]
19.86.070 Labor not an article of commerce—Chapter not to affect mutual, nonprofit organizations. The
labor of a human being is not a commodity or article of commerce. Nothing contained in this chapter shall be construed to
forbid the existence and operation of labor, agricultural, or
horticultural organizations, instituted for the purposes of
mutual help, and not having capital stock or conducted for
profit, or to forbid or restrain individual members of such
organizations from lawfully carrying out the legitimate
objects thereof. [1961 c 216 § 7.]
Monopolies and trusts prohibited: State Constitution Art. 12 § 22.
Labor regulations: Title 49 RCW.
19.86.030
(2004 Ed.)
[Title 19 RCW—page 125]
19.86.080
Title 19 RCW: Business Regulations—Miscellaneous
19.86.080
19.86.080 Attorney general may restrain prohibited
acts—Costs—Restoration of property. The attorney general may bring an action in the name of the state against any
person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful; and the prevailing party
may, in the discretion of the court, recover the costs of said
action including a reasonable attorney's fee.
The court may make such additional orders or judgments
as may be necessary to restore to any person in interest any
moneys or property, real or personal, which may have been
acquired by means of any act herein prohibited or declared to
be unlawful. [1970 ex.s. c 26 § 1; 1961 c 216 § 8.]
19.86.090
19.86.090 Civil action for damages—Treble damages
authorized—Action by governmental entities. Any person
who is injured in his or her business or property by a violation
of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or
19.86.060, or any person so injured because he or she refuses
to accede to a proposal for an arrangement which, if consummated, would be in violation of RCW 19.86.030, 19.86.040,
19.86.050, or 19.86.060, may bring a civil action in the superior court to enjoin further violations, to recover the actual
damages sustained by him or her, or both, together with the
costs of the suit, including a reasonable attorney's fee, and the
court may in its discretion, increase the award of damages to
an amount not to exceed three times the actual damages sustained: PROVIDED, That such increased damage award for
violation of RCW 19.86.020 may not exceed ten thousand
dollars: PROVIDED FURTHER, That such person may
bring a civil action in the district court to recover his or her
actual damages, except for damages which exceed the
amount specified in RCW 3.66.020, and the costs of the suit,
including reasonable attorney's fees. The district court may,
in its discretion, increase the award of damages to an amount
not more than three times the actual damages sustained, but
such increased damage award shall not exceed the amount
specified in RCW 3.66.020. For the purpose of this section
"person" shall include the counties, municipalities, and all
political subdivisions of this state.
Whenever the state of Washington is injured by reason
of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or
19.86.060, it may sue therefor in the superior court to recover
the actual damages sustained by it and to recover the costs of
the suit including a reasonable attorney's fee. [1987 c 202 §
187; 1983 c 288 § 3; 1970 ex.s. c 26 § 2; 1961 c 216 § 9.]
Intent—1987 c 202: See note following RCW 2.04.190.
Short title—Purposes—1983 c 288: "This act may be cited as the antitrust/consumer protection improvements act. Its purposes are to strengthen
public and private enforcement of the unfair business practices-consumer
protection act, chapter 19.86 RCW, and to repeal the unfair practices act,
chapter 19.90 RCW, in order to eliminate a statute which is unnecessary in
light of the provisions and remedies of chapter 19.86 RCW. In repealing
chapter 19.90 RCW, it is the intent of the legislature that chapter 19.86 RCW
should continue to provide appropriate remedies for predatory pricing and
other pricing practices which constitute violations of federal antitrust law."
[1983 c 288 § 1.]
19.86.095
19.86.095 Request for injunctive relief—Appellate
proceeding—Service on the attorney general. In any proceeding in which there is a request for injunctive relief under
RCW 19.86.090, the attorney general shall be served with a
copy of the initial pleading alleging a violation of this chap[Title 19 RCW—page 126]
ter. In any appellate proceeding in which an issue is presented
concerning a provision of this chapter, the attorney general
shall, within the time provided for filing the brief with the
appellate court, be served with a copy of the brief of the party
presenting such issue. [1983 c 288 § 5.]
Short title—Purposes—1983 c 288: See note following RCW
19.86.090.
19.86.100 Assurance of discontinuance of prohibited
act—Approval of court—Not considered admission. In
the enforcement of this chapter, the attorney general may
accept an assurance of discontinuance of any act or practice
deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice. Any such
assurance shall be in writing and be filed with and subject to
the approval of the superior court of the county in which the
alleged violator resides or has his principal place of business,
or in Thurston county.
Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however,
proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter. [1970 ex.s. c 26 § 3; 1961 c 216 § 10.]
19.86.100
19.86.110 Demand to produce documentary materials for inspection, answer written interrogatories, or give
oral testimony—Contents—Service—Unauthorized disclosure—Return—Modification, vacation—Use—Penalty. (1) Whenever the attorney general believes that any
person (a) may be in possession, custody, or control of any
original or copy of any book, record, report, memorandum,
paper, communication, tabulation, map, chart, photograph,
mechanical transcription, or other tangible document or
recording, wherever situate, which he believes to be relevant
to the subject matter of an investigation of a possible violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or
19.86.060, or federal statutes dealing with the same or similar
matters that the attorney general is authorized to enforce, or
(b) may have knowledge of any information which the attorney general believes relevant to the subject matter of such an
investigation, he may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served
upon such a person, a civil investigative demand requiring
such person to produce such documentary material and permit inspection and copying, to answer in writing written
interrogatories, to give oral testimony, or any combination of
such demands pertaining to such documentary material or
information: PROVIDED, That this section shall not be
applicable to criminal prosecutions.
(2) Each such demand shall:
(a) State the statute and section or sections thereof, the
alleged violation of which is under investigation, and the general subject matter of the investigation;
(b) If the demand is for the production of documentary
material, describe the class or classes of documentary material to be produced thereunder with reasonable specificity so
as fairly to indicate the material demanded;
(c) Prescribe a return date within which the documentary
material is to be produced, the answers to written interrogatories are to be made, or a date, time, and place at which oral
testimony is to be taken; and
19.86.110
(2004 Ed.)
Unfair Business Practices—Consumer Protection
(d) Identify the members of the attorney general's staff to
whom such documentary material is to be made available for
inspection and copying, to whom answers to written interrogatories are to be made, or who are to conduct the examination
for oral testimony.
(3) No such demand shall:
(a) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum, a
request for answers to written interrogatories, or a request for
deposition upon oral examination issued by a court of this
state; or
(b) Require the disclosure of any documentary material
which would be privileged, or which for any other reason
would not be required by a subpoena duces tecum issued by a
court of this state.
(4) Service of any such demand may be made by:
(a) Delivering a duly executed copy thereof to the person
to be served, or, if such person is not a natural person, to any
officer or managing agent of the person to be served; or
(b) Delivering a duly executed copy thereof to the principal place of business in this state of the person to be served;
or
(c) Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the
principal place of business in this state, or, if said person has
no place of business in this state, to his principal office or
place of business.
(5)(a) Documentary material demanded pursuant to the
provisions of this section shall be produced for inspection
and copying during normal business hours at the principal
office or place of business of the person served, or at such
other times and places as may be agreed upon by the person
served and the attorney general;
(b) Written interrogatories in a demand served under this
section shall be answered in the same manner as provided in
the civil rules for superior court;
(c) The oral testimony of any person obtained pursuant
to a demand served under this section shall be taken in the
same manner as provided in the civil rules for superior court
for the taking of depositions. In the course of the deposition,
the assistant attorney general conducting the examination
may exclude from the place where the examination is held all
persons other than the person being examined, the person's
counsel, and the officer before whom the testimony is to be
taken;
(d) Any person compelled to appear pursuant to a
demand for oral testimony under this section may be accompanied by counsel;
(e) The oral testimony of any person obtained pursuant
to a demand served under this section shall be taken in the
county within which the person resides, is found, or transacts
business, or in such other place as may be agreed upon
between the person served and the attorney general.
(6) If, after prior court approval, a civil investigative
demand specifically prohibits disclosure of the existence or
content of the demand, unless otherwise ordered by a superior court for good cause shown, it shall be a misdemeanor for
any person if not a bank, trust company, mutual savings bank,
credit union, or savings and loan association organized under
the laws of the United States or of any one of the United
States to disclose to any other person the existence or content
(2004 Ed.)
19.86.110
of the demand, except for disclosure to counsel for the recipient of the demand or unless otherwise required by law.
(7) No documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant
to a demand, or copies thereof, shall, unless otherwise
ordered by a superior court for good cause shown, be produced for inspection or copying by, nor shall the contents
thereof be disclosed to, other than an authorized employee of
the attorney general, without the consent of the person who
produced such material, answered written interrogatories, or
gave oral testimony, except as otherwise provided in this section: PROVIDED, That:
(a) Under such reasonable terms and conditions as the
attorney general shall prescribe, the copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony shall be available for inspection and
copying by the person who produced such material, answered
written interrogatories, or gave oral testimony, or any duly
authorized representative of such person;
(b) The attorney general may provide copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony to an official of this state, the federal
government, or other state, who is charged with the enforcement of federal or state antitrust or consumer protection laws,
if before the disclosure the receiving official agrees in writing
that the information may not be disclosed to anyone other
than that official or the official's authorized employees. The
material provided under this subsection (7)(b) is subject to
the confidentiality restrictions set forth in this section and
may not be introduced as evidence in a criminal prosecution;
and
(c) The attorney general or any assistant attorney general
may use such copies of documentary material, answers to
written interrogatories, or transcripts of oral testimony as he
determines necessary in the enforcement of this chapter,
including presentation before any court: PROVIDED, That
any such material, answers to written interrogatories, or transcripts of oral testimony which contain trade secrets shall not
be presented except with the approval of the court in which
action is pending after adequate notice to the person furnishing such material, answers to written interrogatories, or oral
testimony.
(8) At any time before the return date specified in the
demand, or within twenty days after the demand has been
served, whichever period is shorter, a petition to extend the
return date for, or to modify or set aside a demand issued pursuant to subsection (1), stating good cause, may be filed in
the superior court for Thurston county, or in such other
county where the parties reside. A petition, by the person on
whom the demand is served, stating good cause, to require
the attorney general or any person to perform any duty
imposed by the provisions of this section, and all other petitions in connection with a demand, may be filed in the superior court for Thurston county, or in the county where the parties reside. The court shall have jurisdiction to impose such
sanctions as are provided for in the civil rules for superior
court with respect to discovery motions.
(9) Whenever any person fails to comply with any civil
investigative demand for documentary material, answers to
written interrogatories, or oral testimony duly served upon
him under this section, or whenever satisfactory copying or
[Title 19 RCW—page 127]
19.86.115
Title 19 RCW: Business Regulations—Miscellaneous
reproduction of any such material cannot be done and such
person refuses to surrender such material, the attorney general may file, in the trial court of general jurisdiction of the
county in which such person resides, is found, or transacts
business, and serve upon such person a petition for an order
of such court for the enforcement of this section, except that
if such person transacts business in more than one county
such petition shall be filed in the county in which such person
maintains his principal place of business, or in such other
county as may be agreed upon by the parties to such petition.
Whenever any petition is filed in the trial court of general
jurisdiction of any county under this section, such court shall
have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to
carry into effect the provisions of this section, and may
impose such sanctions as are provided for in the civil rules for
superior court with respect to discovery motions. [1993 c
125 § 1; 1990 c 199 § 1; 1987 c 152 § 1; 1982 c 137 § 1; 1970
ex.s. c 26 § 4; 1961 c 216 § 11.]
Rules of court: See Superior Court Civil Rules.
19.86.115 Materials from a federal agency or other
state's attorney general. Whenever the attorney general
receives documents or other material from:
(1) A federal agency, pursuant to its subpoena or HartScott-Rodino authority; or
(2) Another state's attorney general, pursuant to that
state's presuit investigative subpoena powers,
the documents or materials are subject to the same restrictions as and may be used for all the purposes set forth in
RCW 19.86.110. [1993 c 125 § 2.]
19.86.115
19.86.120 Limitation of actions—Tolling. Any action
to enforce a claim for damages under RCW 19.86.090 shall
be forever barred unless commenced within four years after
the cause of action accrues: PROVIDED, That whenever any
action is brought by the attorney general for a violation of
RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or
19.86.060, except actions for the recovery of a civil penalty
for violation of an injunction or actions under RCW
19.86.090, the running of the foregoing statute of limitations,
with respect to every private right of action for damages
under RCW 19.86.090 which is based in whole or part on any
matter complained of in said action by the attorney general,
shall be suspended during the pendency thereof. [1970 ex.s.
c 26 § 5; 1961 c 216 § 12.]
consent judgments or decrees where the court makes no finding of illegality. [1970 ex.s. c 26 § 6; 1961 c 216 § 13.]
19.86.140 Civil penalties. Every person who shall violate the terms of any injunction issued as in this chapter provided, shall forfeit and pay a civil penalty of not more than
twenty-five thousand dollars.
Every person, other than a corporation, who violates
RCW 19.86.030 or 19.86.040 shall pay a civil penalty of not
more than one hundred thousand dollars. Every corporation
which violates RCW 19.86.030 or 19.86.040 shall pay a civil
penalty of not more than five hundred thousand dollars.
Every person who violates RCW 19.86.020 shall forfeit
and pay a civil penalty of not more than two thousand dollars
for each violation: PROVIDED, That nothing in this paragraph shall apply to any radio or television broadcasting station which broadcasts, or to any publisher, printer or distributor of any newspaper, magazine, billboard or other advertising medium who publishes, prints or distributes, advertising
in good faith without knowledge of its false, deceptive or
misleading character.
For the purpose of this section the superior court issuing
any injunction shall retain jurisdiction, and the cause shall be
continued, and in such cases the attorney general acting in the
name of the state may petition for the recovery of civil penalties.
With respect to violations of RCW 19.86.030 and
19.86.040, the attorney general, acting in the name of the
state, may seek recovery of such penalties in a civil action.
[1983 c 288 § 2; 1970 ex.s. c 26 § 7; 1961 c 216 § 14.]
19.86.140
Short title—Purposes—1983 c 288: See note following RCW
19.86.090.
19.86.120
Action to enforce claim for civil damages under chapter 19.86 RCW must be
commenced within six years. Unfair motor vehicles business practices
act: RCW 46.70.220.
Limitation of actions: Chapter 4.16 RCW.
19.86.130 Final judgment to restrain is prima facie
evidence in civil action—Exceptions. A final judgment or
decree rendered in any action brought under RCW 19.86.080
by the state of Washington to the effect that a defendant has
violated RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050,
or 19.86.060 shall be prima facie evidence against such
defendant in any action brought by any party against such
defendant under RCW 19.86.090 as to all matters which said
judgment or decree would be an estoppel as between the parties thereto: PROVIDED, That this section shall not apply to
19.86.145 Penalties—Animals used in biomedical
research. Any violation of RCW 9.08.070 through 9.08.078
or 16.52.220 constitutes an unfair or deceptive practice in
violation of this chapter. The relief available under this chapter for violations of RCW 9.08.070 through 9.08.078 or
16.52.220 by a research institution shall be limited to only
monetary penalties in an amount not to exceed two thousand
five hundred dollars. [2003 c 53 § 150; 1989 c 359 § 4.]
19.86.145
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.86.150 Dissolution, forfeiture of corporate franchise for violations. Upon petition by the attorney general,
the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which
shall violate RCW 19.86.030 or 19.86.040 or the terms of any
injunction issued as in this chapter provided. [1961 c 216 §
15.]
19.86.150
19.86.130
[Title 19 RCW—page 128]
19.86.160 Personal service of process outside state.
Personal service of any process in an action under this chapter may be made upon any person outside the state if such
person has engaged in conduct in violation of this chapter
which has had the impact in this state which this chapter reprehends. Such persons shall be deemed to have thereby submitted themselves to the jurisdiction of the courts of this state
within the meaning of RCW 4.28.180 and 4.28.185. [1961 c
216 § 16.]
19.86.160
(2004 Ed.)
Unfair Cigarette Sales Below Cost Act
19.86.170
19.86.170 Exempted actions or transactions—Stipulated penalties and remedies are exclusive. Nothing in this
chapter shall apply to actions or transactions otherwise permitted, prohibited or regulated under laws administered by
the insurance commissioner of this state, the Washington utilities and transportation commission, the federal power commission or actions or transactions permitted by any other regulatory body or officer acting under statutory authority of this
state or the United States: PROVIDED, HOWEVER, That
actions and transactions prohibited or regulated under the
laws administered by the insurance commissioner shall be
subject to the provisions of RCW 19.86.020 and all sections
of chapter 216, Laws of 1961 and chapter 19.86 RCW which
provide for the implementation and enforcement of RCW
19.86.020 except that nothing required or permitted to be
done pursuant to Title 48 RCW shall be construed to be a violation of RCW 19.86.020: PROVIDED, FURTHER, That
actions or transactions specifically permitted within the statutory authority granted to any regulatory board or commission established within Title 18 RCW shall not be construed
to be a violation of chapter 19.86 RCW: PROVIDED, FURTHER, That this chapter shall apply to actions and transactions in connection with the disposition of human remains.
RCW 9A.20.010(2) shall not be applicable to the terms
of this chapter and no penalty or remedy shall result from a
violation of this chapter except as expressly provided herein.
[1977 c 49 § 1; 1974 ex.s. c 158 § 1; 1967 c 147 § 1; 1961 c
216 § 17.]
Radio communications: RCW 80.04.530.
Telecommunications: RCW 80.36.360.
reasonable in relation to the development and preservation of
business or which are not injurious to the public interest, nor
be construed to authorize those acts or practices which unreasonably restrain trade or are unreasonable per se. [1985 c 401
§ 1; 1983 c 288 § 4; 1983 c 3 § 25; 1961 c 216 § 20.]
Reviser's note: "This act" originally appears in 1961 c 216.
Short title—Purposes—1983 c 288: See note following RCW
19.86.090.
Chapter 19.91 RCW
UNFAIR CIGARETTE SALES BELOW COST ACT
Chapter 19.91
Sections
19.91.300
19.86.910
19.86.910 Short title. This act shall be known and designated as the "Consumer Protection Act." [1961 c 216 § 19.]
19.91.300 Cigarettes—Sales below cost prohibited.
No person licensed to sell cigarettes under chapter 82.24
RCW may sell cigarettes below the actual price paid. Violations of this section constitute unfair or deceptive acts or
practices under the consumer protection act, chapter 19.86
RCW. [1986 c 321 § 13.]
Policy—Intent—Savings—Effective date—1986 c 321: See notes
following RCW 82.24.500.
Chapter 19.94
19.94.005
19.94.010
19.94.015
19.94.150
19.94.160
19.94.163
19.94.165
19.94.175
19.94.185
19.94.190
19.94.195
19.94.205
19.94.216
(2004 Ed.)
Chapter 19.94 RCW
WEIGHTS AND MEASURES
Sections
19.86.920
19.86.920 Purpose—Interpretation—Liberal construction—Saving—1985 c 401; 1983 c 288; 1983 c 3;
1961 c 216. The legislature hereby declares that the purpose
of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the
public and foster fair and honest competition. It is the intent
of the legislature that, in construing this act, the courts be
guided by final decisions of the federal courts and final orders
of the federal trade commission interpreting the various federal statutes dealing with the same or similar matters and that
in deciding whether conduct restrains or monopolizes trade
or commerce or may substantially lessen competition, determination of the relevant market or effective area of competition shall not be limited by the boundaries of the state of
Washington. To this end this act shall be liberally construed
that its beneficial purposes may be served.
It is, however, the intent of the legislature that this act
shall not be construed to prohibit acts or practices which are
Cigarettes—Sales below cost prohibited.
19.91.300
19.86.900
19.86.900 Severability—1961 c 216. If any provision
of this act is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be
affected thereby. [1961 c 216 § 18.]
Chapter 19.94
19.94.220
19.94.230
19.94.240
19.94.250
19.94.255
19.94.258
19.94.2582
19.94.2584
19.94.260
19.94.265
19.94.280
19.94.310
19.94.320
Findings.
Definitions—Director may prescribe by rule.
Commercial use of instrument or device—Registration—
Fees.
Standards recognized.
State standards.
Testing by department—Ensuring enforcement—Issuance of
seal of approval—Exception.
Commercial instruments or devices to be correct.
Registration—Inspection and testing—Fees.
Deposit of moneys—Weights and measures account—General fund.
Enforcement—Rules.
Specifications, tolerances, technical requirements—Adoption—Hearing—Notice.
Correct and incorrect—Instruments, devices, weights, measures—When deemed.
Department inspection—City sealer—Agencies, institutions—Fees.
Investigations.
Inspections and tests to determine conformity to law—Off
sale order—Marks, tags, stamps.
Stop-use, stop-removal, and removal orders.
Inspection of instrument or device to determine if correct—
Rejection or seizure—Confiscation or destruction—Use
of incorrect instrument or device—Notice.
Correction of rejected weights and measures.
Service agent—Registration certificate.
Service agent—Registration certificate—Fee—Decision—
Denial—Notice—Refund.
Service agent—Registration certificate—Revocation, suspension, refusal to renew—Appeal.
Rejection—Seizure for use as evidence—Entry of premises—Search warrant.
Grievances—Procedure—Notice—Hearing—Rules.
City sealers and deputies—Appointment, removal—Record,
report—Testing of devices and instruments—Seal of
approval.
City sealers and deputies—Duties of governing body—
Sealer to have standards comparison made every two
years.
City sealers—Director—General oversight powers, concurrent authority—Powers and duties of chapter are additional.
[Title 19 RCW—page 129]
19.94.005
19.94.325
19.94.340
19.94.350
19.94.360
19.94.370
19.94.390
19.94.400
19.94.410
19.94.420
19.94.430
19.94.440
19.94.450
19.94.460
19.94.470
19.94.480
19.94.485
19.94.490
19.94.500
19.94.505
19.94.507
19.94.510
19.94.515
19.94.517
19.94.520
19.94.530
19.94.900
19.94.910
19.94.920
Title 19 RCW: Business Regulations—Miscellaneous
Service agent—Inspection and testing of weights and measures—Seal of approval—Fees—Violation—Penalty.
Sale of commodities—Measurement—Exceptions—Rules to
assure good practice and accuracy.
Packaged commodities in intrastate commerce—Declaration
of contents on outside—Rules.
Declaration of price on outside of package.
Misleading wrappers, containers of packaged commodities—
Standards of fill required.
Price not to be misleading, deceiving, misrepresented—Fractions—Examination procedure standard—Department
may revise—Electronic scanner screen visibility.
Meat, fish, poultry to be sold by weight—Exceptions.
Butter, margarine to be sold by weight.
Fluid dairy products to be packaged for retail sale in certain
units.
Packaged flour to be kept, sold, etc., in certain units.
Commodities sold in bulk—Delivery tickets.
Solid fuels to be sold by weight, cubic measure—Delivery
tickets.
Heating oils—Delivery tickets—Statements.
Berries and small fruit.
Fractional units as fractional value.
Contracts—Construction.
Obstruction of director or sealer in performance of duties—
Penalty.
Impersonation of director or sealer—Penalty.
Gasoline containing alcohol—Dispensing device label
required—Carbon monoxide nonattainment area—Penalty.
Gasoline delivered to service stations—Invoice required.
Unlawful practices—Penalty.
Unlawful commercial use of instrument or device—Penalty.
Incorrect commercial instrument or device to benefit of
owner/operator—Penalties—Appeal.
Injunction against violations.
Proof of existence of weighing or measuring instrument or
device presumed proof of regular use.
Chapter cumulative and nonexclusive.
Severability—1969 c 67.
Effective date—1992 c 237.
19.94.005 Findings. The legislature finds:
(1) The accuracy of weighing and measuring instruments
and devices used in commerce in the state of Washington
affects every consumer throughout the state and is of vital
importance to the public interest.
(2) Fair weights and measures are equally important to
business and the consumer.
(3) This chapter safeguards the consuming public and
ensures that businesses receive proper compensation for the
commodities they deliver. [1995 c 355 § 3; 1992 c 237 § 1.]
19.94.005
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
Intent—1992 c 237: "Until such time as the study in section 38, chapter
237, Laws of 1992, is completed, it is the intent of the legislature that consumer protection activities of the department of agriculture weights and measures program be funded by the general fund and that device inspection
related activities be funded on a fee-for-service basis." [1992 c 237 § 2.]
19.94.010 Definitions—Director may prescribe by
rule. (1) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter and
to any rules adopted pursuant to this chapter.
(a) "City" means a first class city with a population of
over fifty thousand persons.
(b) "City sealer" means the person duly authorized by a
city to enforce and administer the weights and measures program within such city and any duly appointed deputy sealer
acting under the instructions and at the direction of the city
sealer.
(c) "Commodity in package form" means a commodity
put up or packaged in any manner in advance of sale in units
19.94.010
[Title 19 RCW—page 130]
suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages
that individually conform to the requirements of this chapter.
An individual item or lot of any commodity not in packaged
form, but on which there is marked a selling price based on
established price per unit of weight or of measure, shall be
construed to be a commodity in package form.
(d) "Consumer package" or "package of consumer commodity" means a commodity in package form that is customarily produced or distributed for sale through retail sales
agencies or instrumentalities for consumption by persons, or
used by persons for the purpose of personal care or in the performance of services ordinarily rendered in or about a household or in connection with personal possessions.
(e) "Cord" means the measurement of wood intended for
fuel or pulp purposes that is contained in a space of one hundred twenty-eight cubic feet, when the wood is ranked and
well stowed.
(f) "Department" means the department of agriculture of
the state of Washington.
(g) "Director" means the director of the department or
duly authorized representative acting under the instructions
and at the direction of the director.
(h) "Fish" means any waterbreathing animal, including
shellfish, such as, but not limited to, lobster, clam, crab, or
other mollusca that is prepared, processed, sold, or intended
for sale.
(i) "Net weight" means the weight of a commodity
excluding any materials, substances, or items not considered
to be part of such commodity. Materials, substances, or items
not considered to be part of a commodity shall include, but
are not limited to, containers, conveyances, bags, wrappers,
packaging materials, labels, individual piece coverings, decorative accompaniments, and coupons.
(j) "Nonconsumer package" or "package of nonconsumer commodity" means a commodity in package form
other than a consumer package and particularly a package
designed solely for industrial or institutional use or for
wholesale distribution only.
(k) "Meat" means and shall include all animal flesh, carcasses, or parts of animals, and shall also include fish, shellfish, game, poultry, and meat food products of every kind and
character, whether fresh, frozen, cooked, cured, or processed.
(l) "Official seal of approval" means the seal or certificate issued by the director or city sealer which indicates that
a secondary weights and measures standard or a weighing or
measuring instrument or device conforms with the specifications, tolerances, and other technical requirements adopted in
RCW 19.94.195.
(m) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate,
firm, copartnership, joint venture, club, company, business
trust, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise.
(n) "Poultry" means all fowl, domestic or wild, that is
prepared, processed, sold, or intended or offered for sale.
(o) "Service agent" means a person who for hire, award,
commission, or any other payment of any kind, installs, tests,
inspects, checks, adjusts, repairs, reconditions, or systemati(2004 Ed.)
Weights and Measures
cally standardizes the graduations of a weighing or measuring instrument or device.
(p) "Ton" means a unit of two thousand pounds avoirdupois weight.
(q) "Weighing or measuring instrument or device"
means any equipment or apparatus used commercially to
establish the size, quantity, capacity, count, extent, area,
heaviness, or measurement of quantities, things, produce, or
articles for distribution or consumption, that are purchased,
offered or submitted for sale, hire, or award on the basis of
weight, measure or count, including any accessory attached
to or used in connection with a weighing or measuring instrument or device when such accessory is so designed or
installed that its operation affects, or may effect, the accuracy
or indication of the device. This definition shall be strictly
limited to those weighing or measuring instruments or
devices governed by Handbook 44 as adopted under RCW
19.94.195.
(r) "Weight" means net weight as defined in this section.
(s) "Weights and measures" means the recognized standards or units of measure used to indicate the size, quantity,
capacity, count, extent, area, heaviness, or measurement of
any consumable commodity.
(t) "Secondary weights and measures standard" means
the physical standards that are traceable to the primary standards through comparisons, used by the director, a city sealer,
or a service agent that under specified conditions defines or
represents a recognized weight or measure during the inspection, adjustment, testing, or systematic standardization of the
graduations of any weighing or measuring instrument or
device.
(2) The director shall prescribe by rule other definitions
as may be necessary for the implementation of this chapter.
[1995 c 355 § 4; 1992 c 237 § 3; 1969 c 67 § 1.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.015
19.94.015 Commercial use of instrument or device—
Registration—Fees. (1) Except as provided in subsection
(4) of this section for the initial registration of an instrument
or device, no weighing or measuring instrument or device
may be used for commercial purposes in the state unless its
commercial use is registered annually. If its commercial use
is within a city that has a city sealer and a weights and measures program as provided by RCW 19.94.280, the commercial use of the instrument or device shall be registered with
the city if the city has adopted fees pursuant to subsection (2)
of this section. If its commercial use is outside of such a city,
the commercial use of the instrument or device shall be registered with the department.
(2) A city with such a sealer and program may establish
an annual fee for registering the commercial use of such a
weighing or measuring instrument or device with the city.
The annual fee shall not exceed the fee established in RCW
19.94.175 for registering the use of a similar instrument or
device with the department. Fees upon weighing or measuring instruments or devices within the jurisdiction of the city
that are collected under this subsection by city sealers shall be
deposited into the general fund, or other account, of the city
as directed by the governing body of the city.
(2004 Ed.)
19.94.150
(3) Registrations with the department are accomplished
as part of the master license system under chapter 19.02
RCW. Payment of the registration fee for a weighing or measuring instrument or device under the master license system
constitutes the registration required by this section.
(4) The fees established by or under RCW 19.94.175 for
registering a weighing or measuring instrument or device
shall be paid to the department of licensing concurrently with
an application for a master license or with the annual renewal
of a master license under chapter 19.02 RCW. A weighing or
measuring instrument or device shall be initially registered
with the state at the time the owner applies for a master
license for a new business or at the first renewal of the license
that occurs after the instrument or device is first placed into
commercial use. However, the use of an instrument or device
that is in commercial use on *the effective date of this act
shall be initially registered at the time the first renewal of the
master license of the owner of the instrument or device is due
following *the effective date of this act. The department of
licensing shall remit to the department of agriculture all fees
collected under this provision less reasonable collection
expenses.
(5) Each city charging registration fees under this section
shall notify the department of agriculture at the time such fees
are adopted and whenever changes in the fees are adopted.
[1995 c 355 § 1.]
*Reviser's note: 1995 c 355 has different effective dates. The effective
date for sections 1 and 7 is January 1, 1996, and the effective date for sections 2 through 6 and 8 through 25 is July 1, 1995.
Application—1995 c 355: "This act applies prospectively only and not
retroactively. It applies only to causes of action that arise or that are commenced on or after *the effective date of this act. This act does not affect any
liability or obligation arising prior to *the effective date of this act." [1995 c
355 § 27.]
*Reviser's note: For "the effective date of this act" see note following
RCW 19.94.015.
Effective dates—1995 c 355: "(1) Sections 2 through 6 and 8 through
25 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and shall take effect July 1, 1995.
(2) Sections 1 and 7 of this act shall take effect January 1, 1996." [1995
c 355 § 28.]
19.94.150
19.94.150 Standards recognized. The system of
weights and measures in customary use in the United States
and the metric system of weights and measures are jointly
recognized, and either one or both of these systems shall be
used for all commercial purposes in this state. The definitions
of basic units of weight and measure and weights and measures equivalents, as published by the national institute of
standards and technology or any successor organization, are
recognized and shall govern weighing or measuring instruments or devices used in commercial activities and other
transactions involving weights and measures within this
state. [1992 c 237 § 4; 1991 sp.s. c 23 § 4; 1969 c 67 § 15.]
Legislative findings—1991 sp.s. c 23: "The legislature finds:
(1) Accurate weights and measures are essential for the efficient operation of commerce in Washington, and weights and measures are important
to both consumers and businesses.
(2) Legislation to expand the weights and measures program and fund
the program with license fees on weights and measures devices has been
considered.
(3) Additional information is necessary before further action can be
taken." [1991 sp.s. c 23 § 1.]
[Title 19 RCW—page 131]
19.94.160
Title 19 RCW: Business Regulations—Miscellaneous
Intent—1991 sp.s. c 23: "It is the intent of the legislature to fund the
current weights and measures program only through the first year of the
1991-93 fiscal biennium, and to base funding of the program for the second
year of the biennium and ensuing biennia upon the recommendations of the
study performed under section 3, chapter 23, Laws of 1991 1st sp. sess."
[1991 sp.s. c 23 § 2.]
19.94.160
19.94.160 State standards. Weights and measures
standards that are in conformity with the standards of the
United States as have been supplied to the state by the federal
government or otherwise obtained by the state for use as state
weights and measures standards, shall, when the same shall
have been certified as such by the national institute of standards and technology or any successor organization, be the
primary standards of weight and measure. The state weights
and measures standards shall be kept in a place designated by
the director and shall be maintained in such calibration as
prescribed by the national institute of standards and technology or any successor organization. [1995 c 355 § 5; 1992 c
237 § 5; 1991 sp.s. c 23 § 5; 1969 c 67 § 16.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.163
19.94.163 Testing by department—Ensuring
enforcement—Issuance of seal of approval—Exception.
(1) Except as provided in subsection (3) of this section and
RCW 19.94.190(1)(d), the department shall test and inspect
each biennium a sufficient number of weighing and measuring instruments and devices to ensure that the provisions of
this chapter are enforced.
(2) The department may issue an official seal of approval
for each weighing or measuring instrument or device that has
been tested and inspected and found to be correct.
(3) Except as provided in RCW 19.94.216, this section
does not apply to weighing or measuring instruments or
devices located in an area of the state that is within a city that
has a city sealer and a weights and measures program pursuant to RCW 19.94.280 unless the city sealer does not possess
the equipment necessary to test and inspect the weighing or
measuring instrument or device. [1995 c 355 § 2.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
(ii) Intermediate scales "four hundred one pounds to five thousand pounds capacity" . . . . . .
(iii) Large scales "over five thousand
pounds capacity" . . . . . . . . . .
(iv) Large scales with supplemental
devices . . . . . . . . . . . . . . . . . .
(v) Railroad track scales . . . . . . .
(b) Liquid fuel metering devices:
(i) Motor fuel meters with flows of
less than twenty gallons per
minute . . . . . . . . . . . . . . . . . .
(ii) Motor fuel meters with flows of
more than twenty but not more
than one hundred fifty gallons
per minute . . . . . . . . . . . . . . .
(iii) Motor fuel meters with flows
over one hundred fifty gallons
per minute . . . . . . . . . . . . . . .
(c) Liquid petroleum gas meters:
(i) Wi th on e i nch diameter or
smaller dispensers . . . . . . . . .
(ii) With greater than one inch diameter dispensers . . . . . . . . . . . .
(d) Fabric meters . . . . . . . . . . . . .
(e) Cordage meters . . . . . . . . . . .
(f) Mass flow meters . . . . . . . . . .
(g) Taxi meters . . . . . . . . . . . . . . .
$
20.00
$
52.00
$
$
52.00
800.00
$
5.00
$
16.00
$
25.00
$
10.00
$
$
$
$
$
30.00
5.00
5.00
14.00
5.00
(2) With the exception of subsection (3) of this section,
no person shall be required to pay more than the established
fee adopted under this section for any weighing or measuring
instrument or device in any one year.
(3) The department or a city sealer may establish reasonable inspection and testing fees for each type or class of
weighing or measuring instrument or device specially
requested to be inspected or tested by the device owner.
These inspection and testing fees shall be limited to those
amounts necessary for the department or city sealer to cover
the direct costs associated with such inspection and testing.
The fees established under this subsection shall not be set so
as to compete with service agents normally engaged in such
services. [1995 c 355 § 7; 1992 c 237 § 7.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.165
19.94.165 Commercial instruments or devices to be
correct. All weighing or measuring instruments or devices
used for commercial purposes within this state shall be correct. [1995 c 355 § 6; 1992 c 237 § 6.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.175
19.94.175 Registration—Inspection and testing—
Fees. (1) Pursuant to RCW 19.94.015, the following annual
registration fees shall be charged for each weighing or measuring instrument or device used for commercial purposes in
this state:
(a) Weighing devices:
(i) Small scales "zero to four hundred pounds capacity" . . . . . .
[Title 19 RCW—page 132]
$
5.00
19.94.185
19.94.185 Deposit of moneys—Weights and measures account—General fund. (1) Except as provided in
subsection (2) of this section, all moneys collected under this
chapter shall be payable to the director and placed in the
weights and measures account hereby established in the agricultural local fund. Moneys deposited in this account shall be
used solely for the purposes of implementing or enforcing
this chapter. No appropriation is required for the disbursement of moneys from the weights and measures account by
the director.
(2) Civil penalties collected by the department under
RCW 19.94.510, 19.94.515, and 19.94.517 shall be deposited
in the state general fund. [1998 c 245 § 9; 1995 c 355 § 8;
1992 c 237 § 8.]
(2004 Ed.)
Weights and Measures
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.190
19.94.190 Enforcement—Rules. (1) The director and
duly appointed city sealers shall enforce the provisions of this
chapter. The director shall adopt rules for enforcing and carrying out the purposes of this chapter including but not limited to the following:
(a) Establishing state standards of weight, measure, or
count, and reasonable standards of fill for any commodity in
package form;
(b) The establishment of technical and reporting procedures to be followed, any necessary report and record forms,
and marks of rejection to be used by the director and city sealers in the discharge of their official duties as required by this
chapter;
(c) The establishment of technical test procedures,
reporting procedures, and any necessary record and reporting
forms to be used by service agents when testing and inspecting instruments or devices under RCW 19.94.255(3) or when
otherwise installing, repairing, inspecting, or standardizing
the graduations of any weighing or measuring instruments or
devices;
(d) The establishment of exemptions from the marking
or tagging requirements of RCW 19.94.250 with respect to
weighing or measuring instruments or devices of such character or size that such marking or tagging would be inappropriate, impracticable, or damaging to the apparatus in question;
(e) The establishment of exemptions from the inspection
and testing requirements of RCW 19.94.163 with respect to
classes of weighing or measuring instruments or devices
found to be of such character that periodic inspection and
testing is unnecessary to ensure continued accuracy;
(f) The establishment of inspection and approval techniques, if any, to be used with respect to classes of weighing
or measuring instruments or devices that are designed specifically to be used commercially only once and then discarded,
or are uniformly mass-produced by means of a mold or die
and are not individually adjustable; and
(g) The establishment of inspection and testing procedures to be used for classes of weighing or measuring instruments or devices found to be few in number, highly complex,
and of such character that differential or special inspection
and testing is necessary, including railroad track scales. The
department's procedures shall include requirements for the
provision, maintenance, and transport of any weight or measure necessary for the inspection and testing at no expense to
the state.
(2) These rules shall also include specifications and tolerances for the acceptable range of accuracy required of
weighing or measuring instruments or devices and shall be
designed to eliminate from use, without prejudice to weighing or measuring instruments or devices that conform as
closely as practicable to official specifications and tolerances, those (a) that are of such construction that they are
faulty, that is, that are not reasonably permanent in their
adjustment or will not repeat their indications correctly, or (b)
that facilitate the perpetration of fraud. [1995 c 355 § 9; 1992
c 237 § 9; 1991 sp.s. c 23 § 6; 1989 c 354 § 36; 1977 ex.s. c
26 § 5; 1969 c 67 § 19.]
(2004 Ed.)
19.94.216
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
Severability—1989 c 354: See note following RCW 15.36.012.
19.94.195
19.94.195 Specifications, tolerances, technical
requirements—Adoption—Hearing—Notice. (1) The
department shall adopt the specifications, tolerances, and
other technical requirements for commercial weighing or
measuring instruments or devices, together with amendments
thereto, as recommended by the most recent edition of Handbook 44 published by the national institute of standards and
technology or any successor organization as the specifications, tolerances, and other technical requirements for commercial weighing or measuring instruments or devices commercially used in this state.
(2)(a) To promote uniformity, any supplements or
amendments to Handbook 44 or any similar subsequent publication of the national institute of standards and technology
or any successor organization shall be deemed to have been
adopted under this section.
(b) The director may, however, within thirty days of the
publication or effective date of Handbook 44 or any supplements, amendments, or similar publications give public
notice that a hearing will be held to determine if such publications should not be applicable under this section. Any such
hearing shall be conducted under chapter 34.05 RCW. [1992
c 237 § 10.]
19.94.205
19.94.205 Correct and incorrect—Instruments,
devices, weights, measures—When deemed. For the purposes of this chapter, weighing or measuring instruments or
devices and weights and measures standards shall be deemed
to be "correct" when they conform to all applicable requirements of this chapter or the requirements of any rule adopted
by the department under the authority granted in this chapter;
all other weighing or measuring instruments or devices and
weights and measures standards shall be deemed to be "incorrect." [1992 c 237 § 11.]
19.94.216
19.94.216 Department inspection—City sealer—
Agencies, institutions—Fees. The department shall:
(1) Biennially inspect and test the secondary weights and
measures standards of any city for which the appointment of
a city sealer is provided by this chapter and shall issue an official seal of approval for same when found to be correct. The
department shall, by rule, establish a reasonable fee for this
and any other inspection and testing services performed by
the department's metrology laboratory. Each such fee shall
recover at least seventy-five percent of the laboratory's costs
incurred in performing the service governed by the fee on or
before June 30, 1998. The fees established under this subsection may be increased in excess of the fiscal growth factor as
provided in RCW 43.135.055 for the fiscal year ending 1996,
1997, and 1998. For fiscal year 1999 and thereafter, the fees
established under this subsection may not be increased by an
amount greater than the fiscal growth factor as provided in
RCW 43.135.055.
(2) Biennially inspect and test any weighing or measuring instrument or device used in an agency or institution to
[Title 19 RCW—page 133]
19.94.220
Title 19 RCW: Business Regulations—Miscellaneous
which moneys are appropriated by the legislature or of the
federal government and shall report any findings in writing to
the executive officer of the agency or institution concerned.
The department shall collect a reasonable fee, to be set by
rule, for testing any such weighing or measuring instrument
or device. [1995 c 355 § 10; 1992 c 237 § 12.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.220 Investigations. In promoting the general
objective of ensuring accuracy of weighing or measuring
instruments or devices and the proper representation of
weights and measures in commercial transactions, the director or a city sealer shall, upon his or her own initiative and as
he or she deems appropriate and advisable, investigate complaints made concerning violations of the provisions of this
chapter. [1992 c 237 § 13; 1991 sp.s. c 23 § 8; 1969 c 67 §
22.]
visions of this chapter or rules adopted hereunder he or she
deems it necessary or expedient to issue such orders.
(4) No person shall use, remove from the premises specified, or fail to remove from any premises specified any
weighing or measuring instrument or device, commodity in
packaged form, or amount of commodity contrary to the
terms of a stop-use order, stop-removal order or removal
order, issued under the authority of this section. [1992 c 237
§ 15; 1991 sp.s. c 23 § 9; 1969 c 67 § 24.]
19.94.220
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.230 Inspections and tests to determine conformity to law—Off sale order—Marks, tags, stamps. (1)
The director or a city sealer may, from time to time, inspect
and test packages or amounts of commodities kept, offered,
exposed for sale, sold, or in the process of delivery to determine whether the same contain the amounts represented and
whether they are kept, offered, exposed for sale or sold in
accordance with law. When such packages or amounts of
commodities are found not to contain the amounts represented or are found to be kept, offered, or exposed for sale or
sold in violation of law, the director or city sealer may order
them off sale and may mark, tag, or stamp them in a manner
prescribed by the department.
(2) In carrying out the provisions of this section, the
director or city sealer may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of a result obtained on a
sample selected from and representative of such lot.
(3) No person shall (a) sell, keep, offer, or expose for
sale any package or amount of commodity that has been
ordered off sale as provided in this section unless and until
such package or amount of commodity has been brought into
full compliance with legal requirements or (b) dispose of any
package or amount of commodity that has been ordered off
sale and that has not been brought into compliance with legal
requirements in any manner except with the specific written
approval of the director or city sealer who issued such off sale
order. [1992 c 237 § 14; 1969 c 67 § 23.]
19.94.230
19.94.240 Stop-use, stop-removal, and removal
orders. (1) The director or a city sealer shall have the power
to issue stop-use orders, stop-removal orders, and removal
orders with respect to weighing or measuring devices being,
or susceptible of being, commercially used within this state.
(2) The director or a city sealer shall also have the power
to issue stop-removal orders and removal orders with respect
to packages or amounts of commodities kept, offered,
exposed for sale, sold, or in process of delivery.
(3) The director or a city sealer shall issue such orders
whenever in the course of his or her enforcement of the pro19.94.240
[Title 19 RCW—page 134]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.250
19.94.250 Inspection of instrument or device to
determine if correct—Rejection or seizure—Confiscation
or destruction—Use of incorrect instrument or device—
Notice. (1) If the director or a city sealer discovers upon
inspection that a weighing or measuring instrument or device
is "incorrect," but in his or her best judgment is susceptible of
satisfactory repair, he or she shall reject and mark or tag as
rejected any such weighing or measuring instrument or
device.
(2) The director or a city sealer may reject or seize any
weighing or measuring instrument or device found to be
incorrect that, in his or her best judgment, is not susceptible
of satisfactory repair.
(3) Weighing or measuring instruments or devices that
have been rejected under subsection (1) of this section may
be confiscated and may be destroyed by the director or a city
sealer if not corrected as required by RCW 19.94.255 or if
used or disposed of contrary to the requirements of that section.
(4) The director or a city sealer shall permit the use of an
incorrect weighing or measuring instrument or device, pending repairs, if the device is incorrect to the economic benefit
of the consumer and the consumer is not the seller. However,
if the director or city sealer finds such an error, the director or
city sealer shall notify the owner of the instrument or device,
or the owner's representative at the business location, regarding the error. [1995 c 355 § 11; 1992 c 237 § 16; 1991 sp.s. c
23 § 10; 1969 c 67 § 25.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.255
19.94.255 Correction of rejected weights and measures. (1) Weighing or measuring instruments or devices
that have been rejected under the authority of the director or
a city sealer shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition
thereof has been made as required by this section.
(2) The owner of any weighing or measuring instrument
or device that has been marked or tagged as rejected by the
director or a city sealer shall cause the same to be made correct within thirty days or such longer period as may be authorized by the rejecting authority. In lieu of correction, the
owner of such weighing and measuring instrument or device
may dispose of the same, but only in the manner specifically
authorized by the rejecting authority.
(3) Weighing and measuring instruments or devices that
have been rejected shall not again be used commercially until
(2004 Ed.)
Weights and Measures
they have been reexamined and found to be correct by the
department, city sealer, or a service agent registered with the
department.
(4) If a weighing or measuring instrument or device
marked or tagged as rejected is placed back into commercial
service by a service agent registered with the department, the
agent shall provide a signed certification to the owner or
operator of the instrument or device so indicating and shall
report to the rejecting authority as provided by rule under
RCW 19.94.190(1)(c). [1995 c 355 § 12; 1992 c 237 § 17;
1991 sp.s. c 23 § 14; 1969 c 67 § 33. Formerly RCW
19.94.330.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.258
19.94.258 Service agent—Registration certificate.
(1) Except as authorized by the department, a service agent
who intends to provide the examination that permits a weighing or measuring instrument or device to be placed back into
commercial service under RCW 19.94.255(3) shall receive
an official registration certificate from the director prior to
performing such a service. This registration requirement does
not apply to the department or a city sealer.
(2) Except as provided in RCW 19.94.2584, a registration certificate is valid for one year. It may be renewed by
submitting a request for renewal to the department. [2000 c
171 § 61; 1995 c 355 § 15.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.2582
19.94.2582 Service agent—Registration certificate—
Fee—Decision—Denial—Notice—Refund. (1) Each
request for an official registration certificate shall be in writing, under oath, and on a form prescribed by the department
and shall contain any relevant information as the director
may require, including but not limited to the following:
(a) The name and address of the person, corporation,
partnership, or sole proprietorship requesting registration;
(b) The names and addresses of all individuals requesting an official registration certificate from the department;
and
(c) The tax registration number as required under RCW
82.32.030 or uniform business identifier provided on a master license issued under RCW 19.02.070.
(2) Each individual when submitting a request for an
official registration certificate or a renewal of such a certificate shall pay a fee to the department in the amount of eighty
dollars per individual.
(3) The department shall issue a decision on a request for
an official registration certificate within twenty days of
receipt of the request. If an individual is denied their request
for an official registration certificate, the department must
notify that individual in writing stating the reasons for the
denial and shall refund any payments made by that individual
in connection with the request. [1995 c 355 § 16. Formerly
RCW 19.94.025.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
(2004 Ed.)
19.94.265
19.94.2584
19.94.2584 Service agent—Registration certificate—
Revocation, suspension, refusal to renew—Appeal. (1)
The department shall have the power to revoke, suspend, or
refuse to renew the official registration certificate of any service agent for any of the following reasons:
(a) Fraud or deceit in obtaining an official registration
certificate under this chapter;
(b) A finding by the department of a pattern of intentional fraudulent or negligent activities in the installation,
inspection, testing, checking, adjusting, or systematically
standardizing and approving the graduations of any weighing
or measuring instrument or device;
(c) Knowingly placing back into commercial service any
weighing or measuring instrument or device that is incorrect;
(d) A violation of any provision of this chapter; or
(e) Conviction of a crime or an act constituting a crime
under the laws of this state, the laws of another state, or federal law.
(2) Upon the department's revocation of, suspension of,
or refusal to renew an official registration certificate, an individual shall have the right to appeal this decision in accordance with the administrative procedure act, chapter 34.05
RCW. [2000 c 171 § 62; 1995 c 355 § 17. Formerly RCW
19.94.035.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.260
19.94.260 Rejection—Seizure for use as evidence—
Entry of premises—Search warrant. (1) With respect to
the enforcement of this chapter and any other acts dealing
with weights and measures that he or she is, or may be
empowered to enforce, the director or a city sealer may reject
or seize for use as evidence incorrect weighing or measuring
instruments or devices or packages of commodities to be
used, retained, offered, exposed for sale, or sold in violation
of the law.
(2) In the performance of his or her official duties conferred under this chapter, the director or a city sealer is authorized at reasonable times during the normal business hours of
the person using a weighing or measuring instrument or
device to enter into or upon any structure or premises where
such weighing or measuring instrument or device is used or
kept for commercial purposes. If the director or a city sealer
is denied access to any premises or establishment where such
access was sought for the purposes set forth in this chapter,
the director or a city sealer may apply to any court of competent jurisdiction for a search warrant authorizing access to
such premises or establishment for such purposes. The court
may, upon such application, issue the search warrant for the
purposes requested. [1992 c 237 § 18; 1991 sp.s. c 23 § 11;
1969 c 67 § 26.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.265
19.94.265 Grievances—Procedure—Notice—Hearing—Rules. (1) Any person aggrieved by any official action
of the department or a city sealer conferred under this chapter, including but not limited to, "stop-use orders," "stopremoval orders," "removal orders," "condemnation," or "off
sale order" may within thirty days after an order is given or
any action is taken, petition the director for a hearing to deter[Title 19 RCW—page 135]
19.94.280
Title 19 RCW: Business Regulations—Miscellaneous
mine the matter. Such proceedings and any appeal therefrom
shall be taken in accordance with the administrative procedure act, chapter 34.05 RCW.
(2) The director shall give due notice and hold a hearing
within ten days after the confiscation or seizure of any weighing or measuring instrument or device or commodity under
RCW 19.94.250 or the seizure of any weighing or measuring
instrument or device for evidence under RCW 19.94.260.
This hearing shall be for the purposes of determining whether
any such weighing or measuring instrument or device or
commodity was properly confiscated or seized, to determine
whether or not such weighing or measuring instrument or
device or commodity was used for, or is in, violation of any
provision of this chapter or to determine the disposition to be
made of such weighing or measuring instrument or device or
commodity. Such proceedings and any appeal therefrom
shall be taken in accordance with the administrative procedure act, chapter 34.05 RCW.
(3) The department may by rule establish procedures for
the administration of this section. [1992 c 237 § 19.]
19.94.280
19.94.280 City sealers and deputies—Appointment,
removal—Record, report—Testing of devices and instruments—Seal of approval. (1) There may be a city sealer in
every city and such deputies as may be required by ordinance
of each such city to administer and enforce the provisions of
this chapter.
(2) Each city electing to have a city sealer shall adopt
rules for the appointment and removal of the city sealer and
any deputies required by local ordinance. The rules for
appointment of a city sealer and any deputies must include
provisions for the advice and consent of the local governing
body of such city and, as necessary, any provisions for local
civil service laws and regulations.
(3) A city sealer shall keep a complete and accurate
record of all official acts performed under the authority of
this chapter and shall submit an annual report to the governing body of his or her city and shall make any reports as may
be required by the director.
(4) The city sealer shall test and inspect a sufficient number of weighing and measuring instruments and devices to
ensure that the provisions of this chapter are enforced in the
city. This subsection does not apply to weighing or measuring instruments or devices for which the sealer does not have
the necessary testing or inspection equipment or to instruments or devices that are to be inspected by the department
under RCW 19.94.216(2).
(5) A city sealer may issue an official seal of approval for
each weighing or measuring instrument or device that has
been inspected and tested and found to be correct. [1995 c
355 § 13; 1992 c 237 § 20; 1969 c 67 § 28.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.310 City sealers and deputies—Duties of governing body—Sealer to have standards comparison made
every two years. (1) The governing body of each city for
which a city sealer has been appointed as provided for by
RCW 19.94.280 shall:
(a) Procure at the expense of the city the official weights
and measures standards and any field weights and measures
19.94.310
[Title 19 RCW—page 136]
standards necessary for the administration and enforcement
of the provisions of this chapter or any rule that may be prescribed by the director;
(b) Provide a suitable office for the city sealer and any
deputies that have been duly appointed; and
(c) Make provision for the necessary clerical services,
supplies, transportation and for defraying contingent
expenses incidental to the official activities of the city sealer
and his or her deputies in carrying out the provisions of this
chapter.
(2) When the acquisition of the official weights and measures standards required under subsection (1)(a) of this section has been made and such weights and measures standards
have been examined and approved by the director, they shall
be the certified weights and measures standards for such city.
(3) In order to maintain field weights and measures standards in accurate condition, the city sealer shall, at least once
every two years, compare the field weights and measures
standards used within his or her city to the certified weights
and measures standards of such city or to the official weights
and measures standards of this state. [2000 c 171 § 63; 1992
c 237 § 21; 1969 c 67 § 31.]
19.94.320
19.94.320 City sealers—Director—General oversight
powers, concurrent authority—Powers and duties of
chapter are additional. (1) In cities for which city sealers
have been appointed as provided for in this chapter, the director shall have general oversight powers over city weights and
measures programs and may, when he or she deems it reasonably necessary, exercise concurrent authority to carry out the
provisions of this chapter.
(2) When the director elects to exercise concurrent
authority within a city with a duly appointed city sealer, the
director's powers and duties relative to this chapter shall be in
addition to the powers granted in any such city by law or
charter. [1995 c 355 § 14; 1992 c 237 § 22; 1969 c 67 § 32.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.325
19.94.325 Service agent—Inspection and testing of
weights and measures—Seal of approval—Fees—Violation—Penalty. (1) Except as otherwise provided for in this
chapter or in any rule adopted under the authority of this
chapter, any person who engages in business within this state
as a service agent shall biennially submit to the department
for inspection and testing all weights and measures standards
used by the service agent, or any agent or employee of the
service agent. If the department finds such weights and measures standards to be correct, the director shall issue an official seal of approval for each such standard.
(2) The department may by rule adopt reasonable fees
for the inspection and testing services performed by the
weights and measures laboratory pursuant to this section.
(3) A service agent shall not use in the installation,
inspection, adjustment, repair, or reconditioning of any
weighing or measuring instrument or device any weight or
measure standard that does not have a valid, official seal of
approval from the director. Any service agent who violates
this section is subject to a civil penalty of no more than five
hundred dollars. [1992 c 237 § 23.]
(2004 Ed.)
Weights and Measures
19.94.340
19.94.340 Sale of commodities—Measurement—
Exceptions—Rules to assure good practice and accuracy.
(1) Except as provided in subsection (2) of this section, commodities in liquid form shall be sold only by liquid measure
or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by
weight, by measure of length or area, or by count.
(2) Liquid commodities may be sold by weight and commodities not in liquid form may be sold by count only if such
methods provide accurate information as to the quantity of
commodity sold.
(3) The provisions of this section shall not apply to:
(a) Commodities that are sold for immediate consumption on the premises where sold;
(b) Vegetables when sold by the head or bunch;
(c) Commodities in containers standardized by a law of
this state or by federal law;
(d) Commodities in package form when there exists a
general consumer usage to express the quantity in some other
manner;
(e) Concrete aggregates, concrete mixtures, and loose
solid materials such as earth, soil, gravel, crushed stone, and
the like, when sold by cubic measure; or
(f) Unprocessed vegetable and animal fertilizer when
sold by cubic measure.
(4) The director may issue such reasonable rules as are
necessary to assure that amounts of commodity sold are
determined in accordance with good commercial practice and
are so determined and represented to be accurate and informative to all interested parties. [1992 c 237 § 24; 1991 sp.s.
c 23 § 15; 1969 c 67 § 34.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.350
19.94.350 Packaged commodities in intrastate commerce—Declaration of contents on outside—Rules. (1)
Except as otherwise provided in this chapter, any commodity
in package form introduced or delivered for introduction into
or received in intrastate commerce, kept for the purpose of
sale, offered or exposed for sale or sold in intrastate commerce, shall bear on the outside of the package such definite,
plain, and conspicuous declaration of:
(a) The identity of the commodity contained within the
package unless the same can easily be identified through the
package;
(b) The net quantity of the contents in terms of weight,
measure or count; and
(c) In the case of any package not sold on the premises
where packed, the name and place of business of the manufacturer, packer, or distributor, as may be prescribed by rule
issued by the director.
(2) In connection with the declaration required under
subsection (1)(b) of this section, neither the qualifying term
"when packed" or any words of similar import, nor any term
qualifying a unit of weight, measure, or count (for example,
"jumbo", "giant", "full", "or over", and the like) that tends to
exaggerate the amount of commodity in a package, shall be
used.
(3) With respect to the declaration required under subsection (1)(b) of this section the director shall by rule establish: (a) Reasonable variations to be allowed, (b) exemptions
(2004 Ed.)
19.94.390
as to small packages, and (c) exemptions as to commodities
put up in variable weights or sizes for sale to the consumer
intact and either customarily not sold as individual units or
customarily weighed or measured at time of sale to the consumer. [1992 c 237 § 25; 1991 sp.s. c 23 § 16; 1969 c 67 §
35.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.360
19.94.360 Declaration of price on outside of package.
In addition to the declarations required by RCW 19.94.350,
any commodity in package form, the package being one of a
lot containing random weights, measures or counts of the
same commodity at the time it is exposed for sale at retail,
shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure, or count and the total selling price of the package.
[1995 c 355 § 18; 1969 c 67 § 36.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.370
19.94.370 Misleading wrappers, containers of packaged commodities—Standards of fill required. No commodity in package form shall be so wrapped, nor shall it be in
a container so made, formed or filled as to mislead the purchaser as to the quantity of the contents of the package, and
the contents of a container shall not fall below such reasonable standards of fill as may have been prescribed by the
director for the commodity in question. [1992 c 237 § 26;
1969 c 67 § 37.]
19.94.390
19.94.390 Price not to be misleading, deceiving, misrepresented—Fractions—Examination procedure standard—Department may revise—Electronic scanner
screen visibility. (1) Whenever any commodity or service is
sold, or is offered, exposed, or advertised for sale, by weight,
measure, or count, the price shall not be misrepresented, nor
shall the price be represented in any manner calculated or
tending to mislead or deceive an actual or prospective purchaser. Whenever an advertised, posted or labeled price per
unit of weight, measure, or count includes a fraction of a cent,
all elements of the fraction shall be prominently displayed
and the numeral or numerals expressing the fraction shall be
immediately adjacent to, of the same general design and style
as, and at least one-half the height and one-half the width of
the numerals representing the whole cents.
(2) The examination procedure recommended for price
verification by the price verification working group of the
laws and regulations committee of the national conference on
weights and measures (as reflected in the fourth draft, dated
November 1, 1994) for devices such as electronic scanners
shall govern such examinations conducted under this chapter.
The procedure shall be deemed to be adopted under this chapter. However, the department may revise the procedure as follows: The department shall provide notice of and conduct a
public hearing pursuant to chapter 34.05 RCW to determine
whether any revisions to this procedure made by the national
institute of standards and technology or its successor organization for incorporating the examination procedure into an
official handbook of the institute or its successor, or any subsequent revisions of the handbook regarding such procedures
[Title 19 RCW—page 137]
19.94.400
Title 19 RCW: Business Regulations—Miscellaneous
shall also be adopted under this chapter. If the department
determines that the procedure should be so revised, it may
adopt the revisions. Violations of this section regarding the
use of devices such as electronic scanners may be found only
as provided by the examination procedures adopted by or
under this subsection.
(3) Electronic scanner screens installed after January 1,
1996, and used in retail establishments must be visible to the
consumer at the checkout line. [2000 c 171 § 64; 1995 c 355
§ 20; 1969 c 67 § 39.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.400 Meat, fish, poultry to be sold by weight—
Exceptions. Except for immediate consumption on the premises where sold or as one of several elements comprising a
meal sold as a unit, for consumption elsewhere than on the
premises where sold, all meat, meat products, fish and poultry offered or exposed for sale or sold as food, unless otherwise provided for by the laws of the state of Washington,
shall be offered or exposed for sale and sold by weight.
[1969 c 67 § 40.]
19.94.400
19.94.410 Butter, margarine to be sold by weight.
Butter, oleomargarine and margarine shall be offered and
exposed for sale and sold by weight. [1995 c 355 § 19; 1988
c 63 § 1; 1969 c 67 § 41.]
19.94.410
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.420 Fluid dairy products to be packaged for
retail sale in certain units. All fluid dairy products, including but not limited to whole milk, skimmed milk, cultured
milk, sweet cream, sour cream and buttermilk and all fluid
imitation and fluid substitute dairy products shall be packaged for retail sale only in units as provided by the director of
the department of agriculture by rule pursuant to the provisions of chapter 34.05 RCW. [1991 sp.s. c 23 § 17; 1975 1st
ex.s. c 51 § 1; 1969 c 67 § 42.]
19.94.420
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.430 Packaged flour to be kept, sold, etc., in certain units. When in package form and when packed, kept,
offered, exposed for sale or sold, flour such as, but not limited
to, wheat flour, whole wheat flour, graham flour, self-rising
wheat flour, phosphated wheat flour, bromated flour,
enriched flour, enriched self-rising flour, enriched bromated
flour, corn flour, corn meal and hominy grits shall be packaged only in units of five, ten, twenty-five, fifty and one hundred pounds avoirdupois weight: PROVIDED, That packages in units of less than five pounds or more than one hundred pounds shall be permitted. [1969 c 67 § 43.]
19.94.430
19.94.440 Commodities sold in bulk—Delivery tickets. (1) When a vehicle delivers to an individual purchaser a
commodity in bulk, and the commodity is sold in terms of
weight units, the delivery must be accompanied by a duplicate delivery ticket with the following information clearly
stated, in ink or other indelible marking equipment and, in
clarity, equal to type or printing:
19.94.440
[Title 19 RCW—page 138]
(a) The name and address of the vendor;
(b) The name and address of the purchaser; and
(c) The weight of the delivery expressed in pounds, and,
if the weight is derived from determinations of gross and tare
weights, such gross and tare weights also must be stated in
terms of pounds.
(2) One of the delivery tickets shall be retained by the
vendor, and the other shall be delivered to the purchaser at the
time of delivery of the commodity, or shall be surrendered on
demand to the director or the city sealer who, if he or she
elects to retain it as evidence, shall issue a weight slip in lieu
thereof for delivery to the purchaser.
(3) If the purchaser himself or herself carries away the
purchase, the vendor shall be required only to give the purchaser at the time of sale a delivery ticket stating the number
of pounds of commodity delivered. [1992 c 237 § 27; 1991
sp.s. c 23 § 18; 1969 c 67 § 44.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.450
19.94.450 Solid fuels to be sold by weight, cubic measure—Delivery tickets. (1) Except as provided in subsection (2) of this section, all solid fuels such as, but not limited
to, coal, coke, charcoal, broiler chips, pressed fuels and briquets shall be sold by weight.
(2) All solid fuels such as hogged fuel, sawdust and similar industrial fuels may be sold or purchased by cubic measure.
(3) Unless a fuel is delivered to the purchaser in package
form, each delivery of such fuel to an individual purchaser
must be accompanied by a duplicate delivery ticket with the
following information clearly stated, in ink or other indelible
marking equipment and, in clarity equal to type or printing:
(a) The name and address of the vendor;
(b) The name and address of the purchaser; and
(c) The weight of the delivery and the gross and tare
weights from which the weight is computed, each expressed
in pounds.
(4) One of the delivery tickets shall be retained by the
vendor and the other shall be delivered to the purchaser at the
time of delivery of the fuel, or shall be surrendered, on
demand, to the director or the city sealer who, if he or she
elects to retain it as evidence, shall issue a weight slip in lieu
thereof for delivery to the purchaser.
(5) If the purchaser himself or herself carries away the
purchase, the vendor shall be required only to give to the purchaser at the time of sale a delivery ticket stating the number
of pounds of fuel delivered. [1992 c 237 § 28; 1991 sp.s. c 23
§ 19; 1969 c 67 § 45.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.460 Heating oils—Delivery tickets—Statements. (1) All stove and furnace oil shall be sold by liquid
measure or by weight in accordance with the provisions of
RCW 19.94.340.
(2) Unless such fuel is delivered to the purchaser in
package form, each delivery of such fuel in an amount greater
than ten gallons in the case of sale by liquid measure or one
hundred pounds in the case of sale by weight must be accompanied by a delivery ticket or a written statement on which, in
19.94.460
(2004 Ed.)
Weights and Measures
ink or other indelible substance, there shall be clearly and
legibly stated:
(a) The name and address of the vendor;
(b) The name and address of the purchaser;
(c) The identity of the type of fuel comprising the delivery;
(d) The unit price (that is, price per gallon or per pound,
as the case may be), of the fuel delivered;
(e) In the case of sale by liquid measure, the liquid volume of the delivery together with any meter readings from
which such liquid volume has been computed, expressed in
terms of the gallon and its binary or decimal subdivisions;
and
(f) In the case of sale by weight, the net weight of the
delivery, together with any weighing scale readings from
which such net weight has been computed, expressed in
terms of tons or pounds avoirdupois.
(3) The delivery ticket required under this section must
be delivered at the time of delivery unless an agreement, written or otherwise, between the vendor and the purchaser has
been reached regarding the delivery of such delivery ticket.
[1992 c 237 § 29; 1969 c 67 § 46.]
19.94.510
percent, by volume, or greater in gasoline for use as motor
vehicle fuel unless the dispensing device has a label stating
the type and maximum percentage of alcohol contained in the
motor vehicle fuel.
(2) In any county, city, or other political subdivision designated as a carbon monoxide nonattainment area pursuant to
the provisions of subchapter I of the clean air act amendments
of 1990, P.L. 101-549, and in which the sale of oxygenated
petroleum products is required by section 211(m) of the clean
air act amendments of 1990, 42 U.S.C. 7545(m), any dealer,
as defined in RCW 82.36.010, who sells or dispenses a petroleum product that contains at least one percent, by volume,
ethanol, methanol, or other oxygenate, shall post only such
label or notice as may be required pursuant to 42 U.S.C.
7545(m)(4) or any amendments thereto or any successor provision thereof. This provision shall be applicable only during
such portion of the year as oxygenated petroleum product
sales are required pursuant to 42 U.S.C. 7545(m).
(3) Any person who violates this section is subject to a
civil penalty of no more than five hundred dollars. [2000 c
171 § 65; 1992 c 237 § 34; 1984 c 61 § 1.]
19.94.507
19.94.470
19.94.470 Berries and small fruit. Berries and small
fruit shall be offered and exposed for sale and sold by weight,
or by measure in open containers having capacities of onehalf dry pint, one dry pint or one dry quart: PROVIDED,
That the marking provisions of RCW 19.94.340 shall not
apply to such dry volume containers. [1969 c 67 § 47.]
19.94.480
19.94.480 Fractional units as fractional value. Fractional parts of any unit of weight or measure shall mean like
fractional parts of the value of such unit as prescribed in
RCW 19.94.150. [1992 c 237 § 30; 1969 c 67 § 48.]
19.94.485
19.94.485 Contracts—Construction. All contracts
concerning the sale of commodities and services by weight,
measure, or count, will be construed in accordance with the
weights and measures adopted under this chapter. [1992 c
237 § 31.]
19.94.490
19.94.490 Obstruction of director or sealer in performance of duties—Penalty. Any person who shall hinder or
obstruct in any way the director or a city sealer in the performance of his or her official duties under this chapter is subject to a civil penalty of no more than five hundred dollars.
[1992 c 237 § 32; 1969 c 67 § 49.]
19.94.500
19.94.500 Impersonation of director or sealer—Penalty. Any person who shall impersonate in any way the
director or a city sealer, by using an official seal of approval
without specific authorization to do so or by using a counterfeit seal of approval, or in any other manner, is subject to a
civil penalty of no more than one thousand dollars. [1992 c
237 § 33; 1969 c 67 § 50.]
19.94.505
19.94.505 Gasoline containing alcohol—Dispensing
device label required—Carbon monoxide nonattainment
area—Penalty. (1) It is unlawful for any dealer, as defined
in RCW 82.36.010, to sell ethanol and/or methanol at one
(2004 Ed.)
19.94.507 Gasoline delivered to service stations—
Invoice required. Persons delivering gasoline to retail service stations shall supply the station with an invoice which
shall include the following information: (1) The gross volume of gasoline and the net volume of gasoline at sixty
degrees Fahrenheit; (2) the time and temperature of the gasoline as loaded onto the delivery truck; and (3) the time of
delivery to the retail service station. [1987 c 42 § 2.]
Intent—1987 c 42: "The legislature finds: That leaking underground
storage tanks containing petroleum products may pose a significant and
widespread problem to human health and the environment, that current
inventory procedures are inadequately suited to identify leaking underground storage tanks, and that new measures are needed to properly determine which tanks may be leaking." [1987 c 42 § 1.]
19.94.510
19.94.510 Unlawful practices—Penalty. (1) Any person who, by himself or herself, by his or her agent or
employee, or as the agent or employee of another person, performs any one of the acts enumerated in (a) through (l) of this
subsection is subject to a civil penalty of no more than one
thousand dollars:
(a) Use or have in possession for the purpose of using for
any commercial purpose a weighing or measuring instrument
or device that is intentionally calculated to falsify any weight,
measure, or count of any commodity, or to sell, offer, expose
for sale or hire or have in possession for the purpose of selling
or hiring an incorrect weighing or measuring instrument or
device or any weighing or measuring instrument or device
calculated to falsify any weight or measure.
(b) Knowingly use or have in possession for current use
in the buying or selling of any commodity or thing, for hire or
award, or in the computation of any basic charge or payment
for services rendered on the basis of weight, measurement, or
count, or in the determination of weight, measurement or
count, when a charge is made for such determination, any
incorrect weighing or measuring instrument or device.
(c) Dispose of any rejected weighing or measuring
instrument or device in a manner contrary to law or rule.
[Title 19 RCW—page 139]
19.94.515
Title 19 RCW: Business Regulations—Miscellaneous
(d) Remove from any weighing or measuring instrument
or device, contrary to law or rule, any tag, seal, stamp or mark
placed thereon by the director or a city sealer.
(e) Sell, offer or expose for sale less than the quantity he
or she represents of any commodity, thing or service.
(f) Take more than the quantity he or she represents of
any commodity, thing, or service when, as buyer, he or she
furnishes the weight, measure, or count by means of which
the amount of the commodity, thing or service is determined.
(g) Keep for the purpose of sale, advertise, offer or
expose for sale or sell any commodity, thing or service
known to be in a condition or manner contrary to law or rule.
(h) Use in retail trade, except in the preparation of packages put up in advance of sale and of medical prescriptions, a
weighing or measuring instrument or device that is not so
positioned that its indications may be accurately read and the
weighing or measuring operation observable from some position which may reasonably be assumed by a customer.
(i) Knowingly approve or issue an official seal of
approval for any weighing or measuring instrument or device
known to be incorrect.
(j) Find a weighing or measuring instrument or device to
be correct under RCW 19.94.255 when the person knows the
instrument or device is incorrect.
(k) Fails to disclose to the department or a city sealer any
knowledge of information relating to, or observation of, any
device or instrument added to or modifying any weighing or
measuring instrument or device for the purpose of selling,
offering, or exposing for sale, less than the quantity represented of a commodity or calculated to falsify weight or measure, if the person is a service agent.
(l) Violate any other provision of this chapter or of the
rules adopted under the provisions of this chapter for which a
specific penalty has not been prescribed.
(2) Any person who, by himself or herself, by his or her
agent or employee, or as the agent or employee of another
person, violates RCW 19.94.390 as determined by the examination procedure adopted by or under RCW 19.94.390(2) is
subject to a civil penalty of not more than one thousand dollars.
(3) Any person who, by himself or herself, by his or her
agent or employee, or as the agent or employee of another
person, performs any of the following acts is subject to a civil
penalty of no more than five thousand dollars:
(a) Knowingly adds to or modifies any weighing or measuring instrument or device by the addition of a device or
instrument that would allow the sale, or the offering or exposure for sale, of less than the quantity represented of a commodity or falsification of weight or measure.
(b) Commits as a fourth or subsequent infraction any of
the acts listed in subsection (1) or (2) of this section. [1995 c
355 § 21; 1992 c 237 § 35; 1969 c 67 § 51.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
such instrument or device used or permitted to be used in violation of RCW 19.94.015. [1995 c 355 § 22.]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.517
19.94.517 Incorrect commercial instrument or device
to benefit of owner/operator—Penalties—Appeal. (1)
Whenever the department or a city sealer tests or inspects a
weighing or measuring instrument or device and finds the
instrument or device to be incorrect to the economic benefit
of the owner/operator of the weighing or measuring instrument or device and to the economic detriment of the customer, the owner of the weighing or measuring instrument or
device may be subject to the following civil penalties:
Device deviations outside the tolerances stated in Handbook 44.
Penalty
Small weighing or measuring instruments or devices:
First violation . . . . . . . . . . . . . . . . . . .
$
50.00
Second or subsequent violation within
one year of first violation . . . . . . . . . .
$ 150.00
Medium weighing or measuring instruments or devices:
First violation . . . . . . . . . . . . . . . . . . .
$ 100.00
Second or subsequent violation within
one year of first violation . . . . . . . . . .
$ 300.00
Large weighing or measuring instruments or devices:
First violation . . . . . . . . . . . . . . . . . . .
$ 200.00
Second or subsequent violation within
one year of first violation . . . . . . . . . .
$ 500.00
(2) For the purposes of this section:
(a) The following are small weighing or measuring
instruments or devices: Scales of zero to four hundred
pounds capacity, liquid fuel metering devices with flows of
not more than twenty gallons per minute, liquid petroleum
gas meters with one inch in diameter or smaller dispensers,
fabric meters, cordage meters, and taxi meters.
(b) The following are medium weighing or measuring
instruments or devices: Scales of four hundred one to five
thousand pounds capacity, liquid fuel metering devices with
flows of more than twenty but not more than one hundred
fifty gallons per minute, and mass flow meters.
(c) The following are large weighing or measuring
instruments or devices: Liquid petroleum gas meters with
greater than one inch diameter dispensers, liquid fuel metering devices with flows over one hundred fifty gallons per
minute, and scales of more than five thousand pounds capacity and scales of more than five thousand pounds capacity
with supplemental devices.
(3) The director or a city sealer shall issue the appropriate civil penalty concurrently with the conclusion of the test
or inspection.
(4) The weighing or measuring instrument or device
owner shall have the right to appeal the civil penalty in accordance with the administrative procedure act, chapter 34.05
RCW. [1995 c 355 § 23.]
19.94.515
19.94.515 Unlawful commercial use of instrument or
device—Penalty. A person who owns a weighing or measuring instrument or device and uses or permits the use of the
instrument for commercial purposes in violation of RCW
19.94.015 is subject to a civil penalty of fifty dollars for each
[Title 19 RCW—page 140]
Application—Effective dates—1995 c 355: See notes following RCW
19.94.015.
19.94.520
19.94.520 Injunction against violations. The director
is authorized to apply to any court of competent jurisdiction
(2004 Ed.)
Farm Implements, Machinery, Parts
for, and such court upon hearing and for cause shown may
grant, a temporary or permanent injunction restraining any
person from violating any provision of this chapter. [1969 c
67 § 52.]
19.94.530
19.94.530 Proof of existence of weighing or measuring instrument or device presumed proof of regular use.
For the purposes of this chapter, proof of the existence of a
weighing or measuring instrument or device in or about any
building, enclosure, stand, or vehicle in which or from which
it is shown that buying or selling is commonly carried on,
shall, in the absence of conclusive evidence to the contrary,
be presumptive proof of the regular use of such weighing or
measuring instrument or device for commercial purposes and
of such use by the person in charge of such building, enclosure, stand or vehicle. [1992 c 237 § 36; 1969 c 67 § 53.]
19.94.900
19.94.900 Chapter cumulative and nonexclusive. The
provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.
[1969 c 67 § 54.]
19.94.910
19.94.910 Severability—1969 c 67. If any section or
provision of this act shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of
the act as a whole, or any section, provision or part thereof
not adjudged invalid or unconstitutional. [1969 c 67 § 55.]
19.94.920
19.94.920 Effective date—1992 c 237. This act shall
take effect July 1, 1992. [1992 c 237 § 41.]
Chapter 19.98 RCW
FARM IMPLEMENTS, MACHINERY, PARTS
Chapter 19.98
Sections
19.98.008
19.98.010
19.98.020
19.98.030
19.98.040
19.98.100
19.98.120
19.98.130
19.98.140
19.98.150
19.98.160
19.98.170
19.98.180
19.98.190
19.98.200
19.98.210
19.98.900
19.98.910
19.98.911
19.98.912
19.98.008
Definitions.
Cancellation of contract—Parties' duties.
Repurchase payments—Liens and claims.
Prices—How determined.
Failure or refusal to make payments—Civil action.
Findings.
Violations.
Termination, cancellation, or nonrenewal of dealer agreement—Notice.
Actions against suppliers—Remedies.
Successors in interest.
Establishment of new dealership—Supplier's duties.
Warranty claims.
Audit of warranty claims.
Civil action—Award.
Supplier-required work.
Arbitration—Dealer's cause of action against supplier—Remedies not exclusive.
Effective date—1975 1st ex.s. c 277.
Severability—1975 1st ex.s. c 277.
Severability—1990 c 124.
Effective date—Application—1990 c 124.
19.98.008 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Audit" means a review by a supplier of a dealer's
warranty claims records.
(2) "Change in competitive circumstances" means to
materially impact a specific dealer's ability to compete with
(2004 Ed.)
19.98.008
similarly situated dealers selling the same brand of equipment.
(3) "Current net price" means the price charged to a
dealer for repair parts as listed in the printed price list, catalog, or electronic catalog of the supplier in effect at the time a
warranty claim is made and superseded parts listed in current
price lists, catalogs, or electronic catalogs when parts had
previously been purchased from the supplier and held by the
dealer on the date of the cancellation or discontinuance of a
dealer agreement or thereafter received by the dealer from the
supplier.
(4) "Dealer" means a person primarily engaged in the
retail sale and service of farm equipment, including a person
engaged in the retail sale of outdoor power equipment who is
primarily engaged in the retail sale and service of farm equipment. Dealer does not include a person primarily engaged in
the retail sale of outdoor power equipment or a supplier.
(5) "Dealer agreement" means an oral or written contract
or agreement for a definite or indefinite period of time in
which a supplier of equipment grants to a dealer permission
to use a trade name, service mark, or related characteristic,
and where there is a community of interest in the marketing
of equipment or services related to the equipment at wholesale, retail, leasing, or otherwise.
(6) "Dealership" means the retail sale business engaged
in by a dealer under a dealer agreement.
(7) "Distributor" means a person who sells or distributes
new equipment to dealers or who maintains distributor representatives within the state.
(8) "Distributor branch" means a branch office, maintained by a distributor, that sells or distributes new equipment
to dealers. "Distributor branch" includes representatives of
the branch office.
(9)(a) "Equipment" includes:
(i) Farm equipment. Farm equipment includes but is not
limited to tractors, trailers, combines, tillage implements, balers, and other equipment, including attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products.
(ii) Outdoor power equipment. Outdoor power equipment includes self-propelled equipment that is used to maintain commercial, public, or residential lawns and gardens or
used in landscape, turf, or golf course maintenance.
(b) "Equipment" does not include motor vehicles
designed or intended for use upon public roadways as defined
in RCW 46.70.011 or motorcycles as defined in *RCW
46.94.010.
(10) "Factory branch" means a branch office maintained
by a manufacturer that makes or assembles equipment for
sale to distributors or dealers or that is maintained for directing and supervising the representatives of the manufacturer.
(11) "Factory representative" means a person employed
by a manufacturer or by a factory branch for the purpose of
selling or promoting the sale of equipment or for supervising,
servicing, instructing, or contracting with dealers or prospective dealers.
(12) "Free on board" or "F.O.B." has the same meaning
as described in RCW 62A.2-319.
(13) "Geographic market area" means the geographic
region for which a particular dealer is responsible for the
[Title 19 RCW—page 141]
19.98.010
Title 19 RCW: Business Regulations—Miscellaneous
marketing, selling, leasing, or servicing of equipment pursuant to a dealer agreement.
(14) "Good cause" means failure by a dealer to comply
with requirements imposed upon the dealer by the dealer
agreement, provided such requirements are not different from
those requirements imposed on other similarly situated
dealer[s] in the state either by their terms or in the manner of
their enforcement.
(15) "Manufacturer" means a person engaged in the business of manufacturing or assembling new and unused equipment.
(16) "Person" includes a natural person, corporation,
partnership, trust, or other entity, including any other entity in
which it has a majority interest or of which it has control, as
well as the individual officers, directors, or other persons in
active control of the activities of each entity.
(17) "Similarly situated dealer" means a dealer of comparable geographic location, volume, and market type.
(18) "Supplier" means a person or other entity engaged
in the manufacturing, assembly, or wholesale distribution of
equipment or repair parts of the equipment. "Supplier"
includes any successor in interest, including a purchaser of
assets, stock, or a surviving corporation resulting from a
merger, liquidation, or reorganization of the original supplier,
or any receiver or any trustee of the original supplier.
(19) "Warranty claim" means a claim for payment submitted by a dealer to a supplier for either service, or parts, or
both, provided to a customer under a warranty issued by the
supplier.
(20) "Wholesaler" means a person who sells or attempts
to sell new equipment exclusively to dealers or to other
wholesalers. [2002 c 236 § 1.]
*Reviser's note: RCW 46.94.010 was repealed by 2003 c 354 § 24.
19.98.010
19.98.010 Cancellation of contract—Parties' duties.
Whenever any person, firm, or corporation engaged in the
sale of equipment, repair parts, or services therefor enters into
a written or oral contract with a supplier of equipment, or
repair parts whereby the dealer agrees to maintain a stock of
parts and equipment and either party to such contract desires
to cancel or discontinue the contract, unless the dealer should
desire to keep such parts and equipment the supplier shall pay
the dealer for the equipment and reasonable reimbursement
for services performed in connection with assembly and predelivery inspections of the equipment. The payment shall be
in the amount of one hundred percent of the net cost of all
unused complete equipment, including transportation
charges paid by the dealer. Equipment purchased more than
twenty-four months prior to the cancellation or discontinuance of the dealer agreement is subject to a weather allowance adjustment. The supplier assumes ownership of new
unused complete equipment F.O.B. the dealer location. The
supplier shall pay the dealer in the amount of ninety-five percent of the current net prices on repair parts, including superseded parts listed in current price lists, catalogs, or electronic
catalogs which parts had previously been purchased from the
supplier and held by the dealer on the date of the cancellation
or discontinuance of such contract or thereafter received by
the dealer from the supplier. The supplier shall also pay the
dealer a sum equal to five percent of the current net price of
[Title 19 RCW—page 142]
all parts returned for the handling, packing, and loading of
such parts for return, unless the supplier elects to catalog or
list the inventory and perform packing and loading of the
parts itself. However, the provisions of this section shall
apply only to repair parts which are new, unused, and in
resalable condition. The provisions of this section do not
apply to repair parts that were purchased by the dealer in sets
of multiple parts unless the sets are complete and in resalable
condition, or to parts the supplier can demonstrate were identified as nonreturnable when ordered by the dealer.
Upon the payment of such amounts, the title to the equipment or repair parts shall pass to the supplier making such
payment, and the supplier shall be entitled to the possession
of such equipment and repair parts.
All payments or allowances of credit due dealers under
this section shall be paid or credited by the supplier within
ninety days after the return of the repair parts or the transfer
of equipment. After the ninety days, all sums of credits due
include interest at the rate of eighteen percent per year. Title
to equipment, attachments, and accessories is transferred to
the supplier F.O.B. the dealer location.
The provisions of this section shall apply to any part
return adjustment agreement made between a dealer and a
supplier.
A supplier must repurchase specific data processing and
computer communications hardware specifically required by
the supplier to meet the supplier's minimum requirements and
purchased by the dealer in the prior five years and held by the
dealer on the date of termination. The supplier must also purchase software required by and sourced from the supplier,
provided that the software is used exclusively to support the
dealer's business with the supplier. The purchase price is the
original net cost to the dealer, less twenty percent per year.
A supplier must repurchase, and the dealer must sell to
the supplier, specialized repair tools. As applied in this section, specialized repair tools are defined as those tools
required by the supplier and unique to the diagnosis or repair
of the supplier's products. For specialized repair tools that are
in new, unused condition and are applicable to the supplier's
current products, the purchase price is one hundred percent of
the original net cost to the dealer. For all other specialized
repair tools, the purchase price is the original net cost to the
dealer less twenty percent per year.
A supplier must repurchase, and the dealer must sell to
the supplier, current signage. As used in this section, "current
signage" means the principal outdoor signage required by the
supplier that displays the supplier's current logo or similar
exclusive identifier, and that identifies the dealer as representing either the supplier or the supplier's products, or both.
The purchase price is the original net cost to the dealer less
twenty percent per year, but may in no case be less than fifty
percent of the original net cost to the dealer.
The provisions of this section shall be supplemental to
any agreement between the dealer and the supplier covering
the return of equipment and repair parts so that the dealer can
elect to pursue either his or her contract remedy or the remedy provided herein, and an election by the dealer to pursue
his or her contract remedy shall not bar his or her right to the
remedy provided herein as to equipment and repair parts not
affected by the contract remedy.
(2004 Ed.)
Farm Implements, Machinery, Parts
The provisions of this section shall apply to all contracts
now in effect which have no expiration date and are a continuing contract, and all other contracts entered into or
renewed after January 1, 1976. Any contract in force and
effect on January 1, 1976, which by its own terms will terminate on a date subsequent thereto shall be governed by the
law as it existed prior to this chapter: PROVIDED, That no
contract covered by this chapter may be canceled by any
party without good cause. For the purposes of this section,
good cause shall include, but shall not be restricted to, the
failure of any party to comply with the lawful provisions of
the contract, the adjudication of any party to a contract as a
bankrupt, wrongful refusal of the supplier to supply equipment and repair parts therefor. [2002 c 236 § 2; 1975 1st ex.s.
c 277 § 1.]
19.98.020
19.98.020 Repurchase payments—Liens and claims.
All repurchase payments to dealers made pursuant to RCW
19.98.010 shall be less amounts owed on any lien or claim
then outstanding upon such items covered by this section.
Any supplier making repurchase payments covered by this
chapter to any dealer shall satisfy such secured liens or claims
pursuant to Article 62A.9A RCW less any interest owed to
the lienholder arising from the financing of such items which
shall be paid to any such secured lienholder by the dealer. In
no case shall the supplier, in making payments covered by
RCW 19.98.010, pay in excess of those amounts prescribed
therein. [2002 c 236 § 3; 2000 c 171 § 66; 1975 1st ex.s. c
277 § 2.]
19.98.030
19.98.030 Prices—How determined. The prices of
equipment and repair parts therefor, required to be paid to
any dealer as provided in RCW 19.98.010 shall be determined by taking one hundred percent of the net cost of the
invoiced price of equipment and ninety-five percent of the
current net price of repair parts therefor as shown upon the
supplier's price lists, catalogues, or electronic catalogs in
effect at the time such contract is canceled or discontinued.
The supplier assumes transfer of ownership of equipment F.O.B. dealer location. [2002 c 236 § 4; 1975 1st ex.s.
c 277 § 3.]
19.98.040
19.98.040 Failure or refusal to make payments—
Civil action. In the event that any supplier of equipment and
repair parts, upon cancellation or discontinuation of a contract by either a dealer or supplier, fails or refuses to make
payment to such dealer as is required by RCW 19.98.010, the
supplier is liable in a civil action to be brought by the dealer
for such payments as are required by RCW 19.98.010. [2002
c 236 § 5; 1975 1st ex.s. c 277 § 4.]
19.98.100
19.98.100 Findings. The legislature of this state finds
that the retail distribution and sales of equipment, utilizing
independent dealers operating under agreements with suppliers, vitally affects the general economy of the state, public
interests, and public welfare and that it is necessary to regulate the business relations between the dealers and the suppliers. [2002 c 236 § 6; 1990 c 124 § 1.]
(2004 Ed.)
19.98.120
19.98.120
19.98.120 Violations. It shall be a violation of this
chapter for a supplier to:
(1) Require or attempt to require any dealer to order or
accept delivery of any equipment or parts that the dealer has
not voluntarily ordered;
(2) Require or attempt to require any dealer to enter into
any agreement, whether written or oral, supplementary to an
existing dealer agreement with the supplier, unless such supplementary agreement is imposed on other similarly situated
dealers in the state;
(3) Refuse to deliver in reasonable quantities and within
a reasonable time after receipt of the dealer's order, to any
dealer having a dealer agreement for the retail sale of new
equipment sold or distributed by the supplier, equipment covered by the dealer agreement specifically advertised or represented by the supplier to be available for immediate delivery.
However, the failure to deliver any such equipment shall not
be considered a violation of this chapter when deliveries are
based on prior ordering histories, the priority given to the
sequence in which the orders are received, or manufacturing
schedules or if the failure is due to prudent and reasonable
restriction on extension of credit by the supplier to the dealer,
an act of God, work stoppage or delay due to a strike or labor
difficulty, a bona fide shortage of materials, freight embargo,
or other cause over which the supplier has no control;
(4) Terminate, cancel, or fail to renew the dealer agreement of any dealer or substantially change the dealer's competitive circumstances, attempt to terminate or cancel, or
threaten to not renew the dealer agreement or to substantially
change the competitive circumstances without good cause;
(5) Condition the renewal, continuation, or extension of
a dealer agreement on the dealer's substantial renovation of
the dealer's place of business or on the construction, purchase, acquisition, or rental of a new place of business by the
dealer unless: The supplier has advised the dealer in writing
of its demand for such renovation, construction, purchase,
acquisition, or rental within a reasonable time prior to the
effective date of the proposed date of renewal or extensions,
but in no case less than one year; the supplier demonstrates
the need for such change in the place of business and the reasonableness of the demand with respect to marketing and servicing the supplier's product and any economic conditions
existing at the time in the dealer's trade area; and the dealer
does not make a good faith effort to complete the construction or renovation plans within one year;
(6) Discriminate in the prices charged for equipment of
like grade, quality, and brand sold by the supplier to similarly
situated dealers in this state. This subsection does not prevent
the use of differentials which make only due allowance for
differences in the cost of manufacture, sale, or delivery
resulting from the differing methods or quantities in which
such commodities are sold or delivered: PROVIDED, That
nothing shall prevent a supplier from offering a lower price in
order to meet an equally low price of a competitor, or the services or facilities furnished by a competitor;
(7) Prevent, by contract or otherwise, any equipment
dealer from changing the capital structure of the equipment
dealership or the means by which the equipment dealership is
financed, provided the equipment dealer at all times meets
any reasonable capital standards imposed by the supplier or
as otherwise agreed to between the equipment dealer and sup[Title 19 RCW—page 143]
19.98.130
Title 19 RCW: Business Regulations—Miscellaneous
plier, and provided this change by the equipment dealer does
not result in a change of the controlling interest in the executive management or board of directors, or any guarantors of
the equipment dealership;
(8) Prevent, by contract or otherwise, any equipment
dealer or any officer, member, partner, or stockholder of any
equipment dealer from selling or transferring any part of the
interest of any of them to any other party or parties. However,
no equipment dealer, officer, partner, member, or stockholder
has the right to sell, transfer, or assign the equipment dealership or power of management or control of the dealership
without the written consent of the supplier. Should a supplier
determine that the designated transferee is not acceptable, the
supplier shall provide the equipment dealer with written
notice of the supplier's objection and specific reasons for
withholding its consent;
(9) Withhold consent to a transfer of interest in an equipment dealership unless, with due regard to regional market
conditions and distribution economies, the dealer's area of
responsibility or trade area does not afford sufficient sales
potential to reasonably support a dealer. In any dispute
between a supplier and an equipment dealer, the supplier
bears the burden of proving that the dealer's area of responsibility or trade area does not afford sufficient sales potential to
reasonably support a dealer. The proof offered must be in
writing. The provisions of this subsection do not preclude any
other basis for a supplier to withhold consent to a transfer of
interest in an equipment dealer;
(10) Fail to compensate a dealer for preparation and
delivery of equipment that the supplier sells or leases for use
within this state and that the dealer prepares for delivery and
delivers;
(11) Require a dealer to assent to a release, assignment,
novation, waiver, or estoppel that would relieve any person
from liability imposed by this chapter; or
(12)(a) Unreasonably withhold consent, in the event of
the death of the dealer or the principal owner of the dealership, to the transfer of the dealer's interest in the dealership to
another qualified individual if the qualified individual meets
the reasonable financial, business experience, and character
standards required by the supplier. Should a supplier determine that the designated qualified individual does not meet
those reasonable written standards, it shall provide the dealership, heirs to the dealership, or the estate of the dealer with
written notice of its objection and specific reasons for withholding its consent. A supplier shall have sixty days to consider a dealer's request to make a transfer. If the qualified
individual reasonably satisfies the supplier's objections
within sixty days, the supplier shall approve the transfer.
Nothing in this section shall entitle a qualified individual to
continue to operate the dealership without the consent of the
supplier.
(b) If a supplier and dealer have duly executed an agreement concerning succession rights prior to the dealer's death
and the agreement has not been revoked, the agreement shall
be observed even if it designates someone other than the surviving spouse or heirs of the decedent as the successor. [2002
c 236 § 7; 1990 c 124 § 3.]
19.98.130 Termination, cancellation, or nonrenewal
of dealer agreement—Notice. (1) Except where a grounds
19.98.130
[Title 19 RCW—page 144]
for termination or nonrenewal of a dealer agreement or a substantial change in a dealer's competitive circumstances are
contained in subsection (2)(a), (b), (c), (d), (e), or (f) of this
section, a supplier shall give a dealer ninety days' written
notice of the supplier's intent to terminate, cancel, or not
renew a dealer agreement or substantially change the dealer's
competitive circumstances. The notice shall state all reasons
constituting good cause for termination, cancellation, or nonrenewal and shall provide, except for termination pursuant to
subsection (2)(a), (b), (c), (d), or (e) of this section, that the
dealer has sixty days in which to cure any claimed deficiency.
If the deficiency is rectified within sixty days, the notice shall
be void. The contractual terms of the dealer agreement shall
not expire or the dealer's competitive circumstances shall not
be substantially changed without the written consent of the
dealer prior to the expiration of at least ninety days following
such notice.
(2) As used in RCW 19.98.100 through 19.98.150 and
19.98.911, a termination by a supplier of a dealer agreement
shall be with good cause when the dealer:
(a) Has transferred a controlling ownership interest in the
dealership without the supplier's consent;
(b) Has made a material misrepresentation to the supplier;
(c) Has filed a voluntary petition in bankruptcy or has
had an involuntary petition in bankruptcy filed against the
dealer which has not been discharged within sixty days after
the filing, is in default under the provisions of a security
agreement in effect with the supplier, or is insolvent or in
receivership;
(d) Has been convicted of a crime, punishable for a term
of imprisonment for one year or more;
(e) Has failed to operate in the normal course of business
for ten consecutive business days or has terminated the business;
(f) Has relocated the dealer's place of business without
supplier's consent;
(g) Has consistently engaged in business practices that
are detrimental to the consumer or supplier by way of excessive pricing, misleading advertising, or failure to provide service and replacement parts or perform warranty obligations;
(h) Has inadequately represented the supplier over a
measured period causing lack of performance in sales, service, or warranty areas and failed to achieve market penetration at levels consistent with similarly situated dealerships in
the state based on available record information;
(i) Has consistently failed to meet building and housekeeping requirements or failed to provide adequate sales, service, or parts personnel commensurate with the dealer agreement;
(j) Has consistently failed to comply with the applicable
licensing laws pertaining to the products and services being
represented for and on supplier's behalf; or
(k) Has consistently failed to comply with the terms of
the dealer agreement.
(3)(a) Notwithstanding the provisions of subsections (1)
and (2) of this section, before the termination or nonrenewal
of a dealer agreement based upon a supplier's claim that the
dealer has failed to meet reasonable marketing criteria or
market penetration, the supplier shall provide written notice
of its intention at least one year in advance.
(2004 Ed.)
Farm Implements, Machinery, Parts
(b) Upon the end of the one-year period established in
this subsection (3), the supplier may terminate or elect not to
renew the dealer agreement only upon written notice specifying the reasons for determining that the dealer failed to meet
reasonable marketing criteria or market penetration. The
notice must specify that termination or nonrenewal is effective one hundred eighty days from the date of the notice.
[2002 c 236 § 8; 1990 c 124 § 4.]
19.98.140
19.98.140 Actions against suppliers—Remedies. Any
equipment dealer may bring an action against a supplier in
any court of competent jurisdiction for damages sustained by
the equipment dealer as a consequence of the supplier's violation including requiring the supplier to repurchase at fair
market value any data processing hardware and specialized
repair tools and equipment previously purchased pursuant to
requirements of the supplier, compensation for any loss of
business, and the actual costs of the action, including reasonable attorneys' fees. The equipment dealer may also be
granted injunctive relief against unlawful termination, cancellation, nonrenewal, or substantial change in competitive
circumstances. The remedies set forth in this action shall not
be deemed exclusive and shall be in addition to any other
remedies permitted by law. Nothing in this section is
intended to prevent any court from awarding to the supplier
actual costs of the action, including reasonable attorney's fees
if the action is deemed frivolous. [1990 c 124 § 5.]
19.98.150
19.98.150 Successors in interest. The obligations of
any supplier under this chapter are applied to any successor in
interest or assignee of the supplier. A successor in interest
includes any purchaser of assets or stock, any surviving corporation resulting from merger or liquidation, and any
receiver or any trustee of the original supplier. [1990 c 124 §
6.]
19.98.160
19.98.160 Establishment of new dealership—Supplier's duties. When a supplier enters into an agreement to
establish a new dealer or dealership or to relocate a current
dealer or dealership for a particular product line or make of
equipment, the supplier must give written notice of such an
agreement by certified mail to all existing dealers or dealerships whose assigned area of responsibility is contiguous to
the new dealer or dealership location. If no area of responsibility has been assigned then the supplier must give written
notice of such an agreement by certified mail to the dealers or
dealerships within a seventy-five mile radius of the new
dealer location. The supplier must provide in its written
notice the following information about the proposed new or
relocated dealer or dealership:
(1) The proposed location;
(2) The proposed date for commencement of operation at
the new location; and
(3) The identities of all existing dealers or dealerships or
dealerships whose assigned area of responsibility is contiguous to the new dealer or dealership location. If no area of
responsibility has been assigned then the supplier must give
written notice of such an agreement by certified mail to the
dealers or dealerships located within a seventy-five mile
radius of the new dealer location. [2002 c 236 § 9.]
(2004 Ed.)
19.98.170
19.98.170
19.98.170 Warranty claims. (1) In the event a warranty claim is submitted by a dealer to a supplier while a
dealer agreement is in effect, or after the termination of a
dealer agreement, if the claim is for work performed before
the effective date of the dealer agreement termination:
(a) A supplier shall fulfill any warranty agreement with
each of its dealers for labor and parts relative to repairs of
equipment covered by the terms of such an agreement.
(b) The supplier must approve or disapprove, in writing,
any claim submitted by a dealer for warranty compensation
for labor or parts within thirty days of receipt of such a claim
by the supplier.
(c) The supplier must pay to the submitting dealer any
approved dealer claim within thirty days following approval
of such a claim.
(d) If a supplier disapproves a dealer warranty claim, the
supplier must state the specific reasons for rejecting the claim
in its written notification required by (b) of this subsection.
(e) A claim that is disapproved by the supplier based
upon the dealer's failure to properly follow the procedural or
technical requirements for submission of warranty claims
may be resubmitted in proper form by the dealer within thirty
days of receipt by the dealer of the supplier's notification of
such a disapproval.
(f) A claim that is not specifically disapproved, in writing, by the supplier within thirty days following the supplier's
receipt of such a claim is conclusively deemed to be approved
and must be paid to the submitting dealer within thirty days
following expiration of the notification period established in
(b) of this subsection.
(g) A supplier may audit warranty claims submitted by
its dealers for a period of up to one year following payment of
the claims, and may charge back to its dealers any amounts
paid based upon claims shown by audit to be false. The supplier has the right to adjust claims for errors discovered during the audit, and if necessary, to adjust claims paid in error.
(2) A supplier must compensate its dealers for warranty
claims pursuant to the following schedule:
(a) Reasonable compensation must be made by the supplier for costs associated with diagnostic work, repair service,
parts, and labor that are related to warranted repairs;
(b) Time allowances for diagnosis and performance of
warranty work and service must be adequate for the work
being performed;
(c) The hourly labor rate for which the dealer is compensated may not be less than the rate charged by the dealer for
like services provided to nonwarranty customers for nonwarranted service; and
(d) Compensation for parts used in the performance of a
warranted repair may not be less than the amount paid by the
dealer to obtain the parts, plus a reasonable allowance for
shipping and handling.
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section, a supplier may withhold payment of a
warranty claim as setoff against reasonable obligations otherwise owed by the dealer to the supplier.
(4) Notwithstanding the provisions of subsection (2) of
this section, a dealer may accept the supplier's reimbursement
terms and conditions in lieu of the terms and conditions set
forth in subsection (2) of this section. [2002 c 236 § 10.]
[Title 19 RCW—page 145]
19.98.180
Title 19 RCW: Business Regulations—Miscellaneous
19.98.180 Audit of warranty claims. A supplier may
not audit a dealer's records with respect to any warranty claim
submitted more than one year before the audit, unless a false
claim is disclosed. However, the supplier has the right to
audit warranty claims submitted more than one year before
the audit when the audit discloses a false claim. [2002 c 236
§ 11.]
19.98.180
19.98.190 Civil action—Award. (1) In the event that
the supplier fails to make payment in accordance with the
terms of RCW 19.98.170 or violates any other provisions of
RCW 19.98.170 or 19.98.180, a dealer may bring an action in
a court of competent jurisdiction to obtain payment of a warranty claim submitted to a supplier.
(2) In the event that the court finds that the supplier has
failed to make payment in accordance with the terms of RCW
19.98.170 or has violated any other provisions of RCW
19.98.170 or 19.98.180, the court shall award the dealer costs
and reasonable attorneys' fees. [2002 c 236 § 12.]
19.98.190
19.98.200 Supplier-required work. (1) In the event a
supplier requires the dealer to work on equipment to enhance
the safe operation of the equipment, the supplier must reimburse the dealer for parts, labor, and transportation of equipment or personnel to perform the work on equipment covered
by the requirements of the supplier.
(2) In the event a supplier requires the dealer to perform
product improvement work on equipment, the supplier must
reimburse the dealer for parts and labor.
(3) For purposes of this section, a supplier must compensate its dealers pursuant to the following schedule:
(a) The hourly labor rate for which the dealer is compensated may not be less than the rate charged by the dealer for
like services provided; and
(b) Compensation for parts used in the performance of
safety enhancements or product improvements as requested
by the supplier may not be less than the amount paid by the
dealer to obtain the parts, plus a reasonable allowance for
shipping and handling.
(4) Notwithstanding the provisions of subsection (3) of
this section, a dealer may accept the supplier's reimbursement
terms and conditions in lieu of the terms and conditions set
forth in subsection (3) of this section. [2002 c 236 § 13.]
19.98.200
19.98.210 Arbitration—Dealer's cause of action
against supplier—Remedies not exclusive. (1) Any party
to a dealer agreement aggrieved by the conduct of the other
party to the agreement with respect to the provisions of this
chapter may seek arbitration of the issues involved in the
decision of the other party under the provisions of RCW
7.04.010 through 7.04.210. The arbitration is pursuant to the
commercial arbitration rules of the American arbitration
association. The findings and conclusions of the arbitrator or
panel of arbitrators is binding upon both parties. Upon
demand for arbitration by one party, it is presumed for purposes of the provisions of RCW 7.04.010 through 7.04.210
that the parties have consented to arbitration, and that the
costs of witness fees and other fees in the case, together with
reasonable attorneys' fees, must be paid by the losing party.
(2) Notwithstanding subsection (1) of this section, any
dealer has a cause of action against a supplier for damages
19.98.210
[Title 19 RCW—page 146]
sustained by the dealer as a consequence of the supplier's violation of any provisions of RCW 19.98.120 or 19.98.130,
together with the actual costs of such action, including reasonable attorneys' fees.
(3) The dealer may also be granted injunctive relief
against unlawful termination, cancellation, nonrenewal, or
change in competitive circumstances as determined under
subsection (1) of this section or by a court.
(4) The remedies set forth in this section may not be considered exclusive and are in addition to any other remedies
permitted by law, unless the parties have chosen binding arbitration under subsection (1) of this section. [2002 c 236 §
14.]
19.98.900 Effective date—1975 1st ex.s. c 277. This
act shall take effect on January 1, 1976. [1975 1st ex.s. c 277
§ 6.]
19.98.900
19.98.910 Severability—1975 1st ex.s. c 277. If any
provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances
is not affected. [1975 1st ex.s. c 277 § 7.]
19.98.910
19.98.911 Severability—1990 c 124. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 124 § 7.]
19.98.911
19.98.912
19.98.912 Effective date—Application—1990 c 124.
This act shall take effect July 1, 1990, and shall apply to all
dealer agreements then in effect that have no expiration date
and are a continuing agreement and to all other dealer agreements entered into or renewed on or after July 1, 1990. [1990
c 124 § 9.]
Chapter 19.100 RCW
FRANCHISE INVESTMENT PROTECTION
Chapter 19.100
Sections
19.100.010
19.100.020
19.100.030
19.100.040
19.100.050
19.100.060
19.100.070
19.100.080
19.100.090
19.100.100
19.100.110
19.100.120
19.100.130
19.100.140
19.100.150
19.100.160
19.100.170
19.100.180
19.100.184
Definitions.
Unlawful in certain instances to sell or offer to sell franchise if
unregistered or not exempt.
Exemptions from registration requirements.
Application for registration—Contents—Filing.
Escrow or impoundment of franchise fees as registration condition—Rules or orders—Procedure to rescind.
Registration statement—Effective, when.
Registration—Claim of exemption filing—Duration—
Renewal—Supplemental report.
Delivery of offering circular and amendments required.
Filings, registration, or finding of director—Construction.
Advertisements—Copy to be filed.
Advertisements—False or misleading—Notice—Procedure.
Registration statement—Stop order—Grounds.
Registration statement—Stop order—Notice—Hearing—
Modification or vacation of order.
Registration of franchise brokers required.
Records and accounts—Reports.
Application of chapter—Jurisdiction—Service of process—
Consent.
Violations.
Relation between franchisor and franchisee—Rights and prohibitions.
Terms and conditions from negotiations initiated by franchisee.
(2004 Ed.)
Franchise Investment Protection
19.100.190
19.100.200
19.100.210
19.100.220
19.100.230
19.100.240
19.100.242
19.100.245
19.100.248
19.100.250
19.100.252
19.100.255
19.100.260
19.100.270
19.100.900
19.100.910
19.100.920
19.100.930
19.100.931
19.100.932
19.100.940
Unfair or deceptive acts—Suits for damages—Violations of
other acts, use in evidence.
Pendency of other proceedings tolls limitation of action.
Violations—Injunctions—Assurance of discontinuance—
Civil and criminal penalties—Chapter nonexclusive.
Exceptions or exemptions—Burden of proof—Waivers of
compliance void—Settlement release or waiver—Chapter as
fundamental policy.
Referral of evidence to attorney general or prosecuting attorney.
Fees.
Investigations by director.
Investigatory powers—Proceedings for contempt.
Cease and desist orders.
Powers of director as to rules, forms, orders and defining
terms—Interpretive opinions.
Denial, suspension, or revocation of franchise broker by director.
Denial, suspension, or revocation of exemption by director.
Applicability of administrative procedure act.
Administrator of securities.
Chapter applicable to existing and future franchises and contracts.
Chapter cumulative and nonexclusive.
Effective date—1971 ex.s. c 252.
Severability—1971 ex.s. c 252.
Severability—1972 ex.s. c 116.
Severability—1979 ex.s. c 13.
Short title.
Reviser's note: Powers, duties, and functions of the department of
licensing relating to franchises were transferred to the department of financial institutions by 1993 c 472, effective October 1, 1993. See RCW
43.320.011.
Business opportunity fraud act: Chapter 19.110 RCW.
19.100.010
19.100.010 Definitions. When used in this chapter,
unless the context otherwise requires:
(1) "Advertisement" means any written or printed communication or any communication by means of recorded telephone messages or spoken on radio, television, or similar
communication media published in connection with an offer
or sale of a franchise.
(2) "Affiliate" means a person controlling, controlled by,
or under common control with another person, every officer
or director of such person, and every person occupying a similar status or performing similar functions.
(3) "Director" means the director of financial institutions.
(4) "Franchise" means:
(a) An agreement, express or implied, oral or written, by
which:
(i) A person is granted the right to engage in the business
of offering, selling, or distributing goods or services under a
marketing plan prescribed or suggested in substantial part by
the grantor or its affiliate;
(ii) The operation of the business is substantially associated with a trademark, service mark, trade name, advertising,
or other commercial symbol designating, owned by, or
licensed by the grantor or its affiliate; and
(iii) The person pays, agrees to pay, or is required to pay,
directly or indirectly, a franchise fee.
(b) The following shall not be construed as a franchise
within the meaning of this chapter:
(i) The payment of a reasonable service charge to the
issuer of a credit card by an establishment accepting or honoring such credit card or any transaction relating to a bank
credit card plan;
(2004 Ed.)
19.100.010
(ii) Actions or transactions otherwise permitted, prohibited or regulated under laws administered by the insurance
commissioner of this state;
(iii) Any motor vehicle dealer franchise subject to the
provisions of chapter 46.70 RCW.
(5) "Marketing plan" means a plan or system concerning
an aspect of conducting business. A marketing plan may
include one or more of the following:
(a) Price specifications, special pricing systems or discount plans;
(b) Sales or display equipment or merchandising
devices;
(c) Sales techniques;
(d) Promotional or advertising materials or cooperative
advertising;
(e) Training regarding the promotion, operation, or management of the business; or
(f) Operational, managerial, technical, or financial
guidelines or assistance.
(6) "Bank credit card plan" means a credit card plan in
which the issuer of credit cards is a national bank, state bank,
trust company or any other banking institution subject to the
supervision of the director of financial institutions of this
state or any parent or subsidiary of such bank.
(7) "Franchisee" means a person to whom a franchise is
offered or granted.
(8) "Franchisor" means a person who grants a franchise
to another person.
(9) "Subfranchise" means an agreement, express or
implied, oral or written, by which a person pays or agrees to
pay, directly or indirectly, a franchisor or affiliate for the
right to grant, sell or negotiate the sale of a franchise.
(10) "Subfranchisor" means a person to whom a subfranchise is granted.
(11) "Franchise broker" means a person who directly or
indirectly engages in the business of the offer or sale of franchises. The term does not include a franchisor, subfranchisor,
or their officers, directors, or employees.
(12) "Franchise fee" means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for
the right to enter into a business or to continue a business
under a franchise agreement, including, but not limited to, the
payment either in lump sum or by installments of an initial
capital investment fee, any fee or charges based upon a percentage of gross or net sales whether or not referred to as royalty fees, any payment for the mandatory purchase of goods
or services or any payment for goods or services available
only from the franchisor, or any training fees or training
school fees or charges; however, the following shall not be
considered payment of a franchise fee: (a) the purchase or
agreement to purchase goods at a bona fide wholesale price;
(b) the purchase or agreement to purchase goods by consignment; if, and only if the proceeds remitted by the franchisee
from any such sale shall reflect only the bona fide wholesale
price of such goods; (c) a bona fide loan to the franchisee
from the franchisor; (d) the purchase or agreement to purchase goods at a bona fide retail price subject to a bona fide
commission or compensation plan that in substance reflects
only a bona fide wholesale transaction; (e) the purchase or
lease or agreement to purchase or lease supplies or fixtures
necessary to enter into the business or to continue the busi[Title 19 RCW—page 147]
19.100.020
Title 19 RCW: Business Regulations—Miscellaneous
ness under the franchise agreement at their fair market or
rental value; (f) the purchase or lease or agreement to purchase or lease real property necessary to enter into the business or to continue the business under the franchise agreement at the fair market or rental value; (g) amounts paid for
trading stamps redeemable in cash only; (h) amounts paid for
trading stamps to be used as incentives only and not to be
used in, with, or for the sale of any goods.
(13) "Person" means a natural person, corporation, partnership, trust, or other entity and in the case of an entity, it
shall include any other entity which has a majority interest in
such an entity or effectively controls such other entity as well
as the individual officers, directors, and other persons in act
of control of the activities of each such entity.
(14) "Publish" means publicly to issue or circulate by
newspaper, mail, radio, or television or otherwise to disseminate to the public.
(15) "Sale or sell" includes every contract of sale, contract to sell, or disposition of a franchise.
(16) "Offer or offer to sell" includes every attempt or
offer to dispose of or solicitation of an offer to buy a franchise
or an interest in a franchise. [1994 c 92 § 3; 1991 c 226 § 1;
1979 c 158 § 83; 1973 1st ex.s. c 33 § 3; 1972 ex.s. c 116 § 1;
1971 ex.s. c 252 § 1.]
Emergency—Effective date—1972 ex.s. c 116: "This act is necessary
for the immediate preservation of the public peace, health and safety, the
support of the state government and its existing public institutions, and shall
take effect on May 1, 1972." [1972 ex.s. c 116 § 17.]
19.100.020
19.100.020 Unlawful in certain instances to sell or
offer to sell franchise if unregistered or not exempt. (1) It
is unlawful for any franchisor or subfranchisor to sell or offer
to sell any franchise in this state unless the offer of the franchise has been registered under this chapter or exempted
under RCW 19.100.030.
(2) For the purpose of this section, an offer to sell a franchise is made in this state when: (a) The offer is directed by
the offeror into this state from within or outside this state and
is received where it is directed, (b) the offer originates from
this state and violates the franchise or business opportunity
law of the state or foreign jurisdiction into which it is
directed, (c) the offeree is a resident of this state, or (d) the
franchise business that is the subject of the offer is to be
located or operated, wholly or partly, in this state.
(3) For the purpose of this section, a sale of any franchise
is made in this state when: (a) An offer to sell is accepted in
this state, (b) an offer originating from this state is accepted
and violates the franchise or business opportunity law of the
state or foreign jurisdiction in which it is accepted, (c) the
purchaser of the franchise is a resident of this state, or (d) the
franchise business that is the subject of the sale is to be
located or operated, wholly or partly, in this state.
(4) For the purpose of this section, an offer to sell is not
made in this state solely because the offer appears: (a) In a
newspaper or other publication of general and regular circulation if the publication has had more than two-thirds of its
circulation outside this state during the twelve months before
the offer is published, or (b) in a broadcast or transmission
originating outside this state. [1991 c 226 § 2; 1971 ex.s. c
252 § 2.]
[Title 19 RCW—page 148]
19.100.030
19.100.030 Exemptions from registration requirements. The registration requirements of this chapter shall not
apply to:
(1) The offer or sale or transfer of a franchise by a franchisee who is not an affiliate of the franchisor for the franchisee's own account if the franchisee's entire franchise is sold
and the sale is not effected by or through the franchisor. A
sale is not effected by or through a franchisor merely because
a franchisor has a right to approve or disapprove the sale or
requires payment of a reasonable transfer fee. Such right to
approve or disapprove the sale shall be exercised in a reasonable manner.
(2) The offer or sale of a franchise by an executor,
administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, conservator, or pursuant to a courtapproved offer or sale, on behalf of a person other than the
franchisor or the estate of the franchisor.
(3) The offer or sale of a franchise to a bank, savings
institution, trust company, insurance company, investment
company as defined in the Investment Company Act of 1940,
pension or profit sharing trust, or other financial institution or
institutional buyer or to a broker dealer where the purchaser
is acting for itself or in some fiduciary capacity.
(4) The offer or sale of a franchise by a franchisor:
(a) Who has delivered in writing to each prospective
franchisee, at least ten business days prior to the execution by
the prospective franchisee of any binding franchise or other
agreement, or at least ten business days prior to the receipt of
any consideration, whichever occurs first, an offering circular
complying with guidelines adopted by rule of the director.
The director shall be guided in adopting such a rule by the
guidelines for the preparation of the Uniform Franchise
Offering Circular adopted by the North American Securities
Administrators Association, Inc., or its successor, as such
guidelines may be revised from time to time; and
(b) Who either:
(i)(A) Has a net worth on a consolidated basis, according
to its most recent audited financial statement, of not less than
five million dollars or who has a net worth, according to its
most recent audited financial statement, of not less than one
million dollars and is at least eighty percent owned by a corporation which has a net worth on a consolidated basis,
according to its most recent audited financial statement, of
not less than five million dollars; and
(B) Has had at least twenty-five franchisees conducting
business at all times during the five-year period immediately
preceding the offer or sale or has conducted business which is
the subject of the franchise continuously for not less than five
years preceding the offer or sale or if any corporation which
owns at least eighty percent of the franchisor, has had at least
twenty-five franchisees conducting business at all times during the five-year period immediately preceding the offer or
sale or such corporation has conducted business which is the
subject of the franchise continuously for not less than five
years preceding the offer or sale; and
(C) Requires an initial investment by the franchisee of
more than one hundred thousand dollars; and
(D) Files annually with the director a statement prescribed by rule of the director giving notice of such claim,
and pays a filing fee as set forth in RCW 19.100.240; or
(2004 Ed.)
Franchise Investment Protection
(ii)(A) Has no outstanding franchises granted for businesses located or to be located outside the state of Washington; and
(B) Has granted and grants no more than three franchises
for franchise businesses to be situated within the state of
Washington; and
(C) Does not publish an advertisement or engage in general solicitation for the franchise offering; and
(D) The buyer is represented or advised in the transaction by independent legal counsel or certified public accountant; or
(iii) Does not charge a franchise fee, as defined in RCW
19.100.010(12), in excess of five hundred dollars; and
(c) Who has not been found by a court of competent
jurisdiction to have been in violation of this chapter, chapter
19.86 RCW, or any of the various federal statutes dealing
with the same or similar matters, within seven years of any
sale or offer to sell franchise business under franchise agreement in the state of Washington.
(5) The offer or sale of a franchise to an accredited investor, as defined by rule adopted by the director. The director
shall be guided in adopting such a rule by the rules defining
accredited investor promulgated by the federal securities and
exchange commission.
(6) The offer or sale of an additional franchise to an
existing franchisee of the franchisor for the franchisee's own
account that is substantially the same as the franchise that the
franchisee has operated for at least two years at the time of
the offer or sale, provided the prior sale to the franchisee was
pursuant to a franchise offering that was registered in the
state of Washington. [1991 c 226 § 3; 1972 ex.s. c 116 § 2;
1971 ex.s. c 252 § 3.]
19.100.080
When the person filing the application for registration is
a subfranchisor, the application shall also include the same
information concerning the subfranchisor as is required from
the franchisor pursuant to this section. [1991 c 226 § 4; 1972
ex.s. c 116 § 3; 1971 ex.s. c 252 § 4.]
19.100.050
19.100.050 Escrow or impoundment of franchise fees
as registration condition—Rules or orders—Procedure to
rescind. The director may by rule or order require as a condition to the effectiveness of the registration the escrow or
impound of franchise fees if he finds that such requirement is
necessary and appropriate to protect prospective franchisees.
At any time after the issuance of such rule or order under this
section the franchisor may in writing request the rule or order
be rescinded. Upon receipt of such a written request, the matter shall be set down for hearing to commence within fifteen
days after such receipt unless the person making the request
consents to a later date. After such hearing, which shall be
conducted in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, the director shall
determine whether to affirm and to continue or to rescind
such order and the director shall have all powers granted
under such act. [1972 ex.s. c 116 § 4; 1971 ex.s. c 252 § 5.]
19.100.060
19.100.060 Registration statement—Effective, when.
If no stop order is in effect and no proceeding is pending
under RCW 19.100.120, a registration statement becomes
effective at 3:00 P.M. Pacific Standard Time on the afternoon
of the fifteenth business day after the filing of the registration
statement or the last amendment or at such earlier time as the
director determines. [1971 ex.s. c 252 § 6.]
19.100.070
19.100.040
19.100.040 Application for registration—Contents—
Filing. (1) The application for registration of the offer,
signed by the franchisor, subfranchisor, or by any person on
whose behalf the offering is to be made, must be filed with
the director and shall contain:
(a) A copy of the franchisor's or subfranchisor's offering
circular which shall be prepared in compliance with guidelines adopted by rule of the director. The director shall be
guided in adopting such rule by the guidelines for the preparation of the Uniform Franchise Offering Circular adopted by
the North American Securities Administrators Association,
Inc., or its successor, as such guidelines may be revised from
time to time;
(b) A copy of all agreements to be proposed to franchisees;
(c) A consent to service of process as required by RCW
19.100.160;
(d) The application for registration of a franchise broker,
if any;
(e) The applicable filing fee; and
(f) Such other information as the director determines, by
rule or order, to be necessary or appropriate to facilitate the
administration of this chapter.
(2) The director may require the filing of financial statements of the franchisor or subfranchisor audited by an independent certified public accountant and prepared in accordance with generally accepted accounting principles.
(2004 Ed.)
19.100.070 Registration—Claim of exemption filing—Duration—Renewal—Supplemental report. (1) A
franchise offering shall be deemed duly registered, and a
claim of exemption under RCW 19.100.030(4)(b)(i) shall be
duly filed, for a period of one year from the effective date of
registration or filing unless the director by rule or order specifies a different period.
(2) Registration of a franchise offer may be renewed for
additional periods of one year each, unless the director by
rule or order specifies a different period, by filing with the
director no later than fifteen business days prior to the expiration thereof a renewal application containing such information as the director may require to indicate any substantial
changes in the information contained in the original application or the previous renewal application and payment of the
prescribed fee.
(3) If a material adverse change in the condition of the
franchisor or the subfranchisor or any material change in the
information contained in its offering circular should occur the
franchisor or subfranchisor shall so amend the registration on
file with the director as soon as reasonably possible and in
any case, before the further sale of any franchise. [1991 c 226
§ 5; 1972 ex.s. c 116 § 5; 1971 ex.s. c 252 § 7.]
19.100.080
19.100.080 Delivery of offering circular and amendments required. It is unlawful for any person to sell a franchise that is registered or required to be registered under this
chapter without first delivering to the offeree, at least ten
[Title 19 RCW—page 149]
19.100.090
Title 19 RCW: Business Regulations—Miscellaneous
business days prior to the execution by the offeree of any
binding franchise or other agreement, or at least ten business
days prior to the receipt of any consideration, whichever
occurs first, a copy of the offering circular required under
RCW 19.100.040, with any addition or amendment to the
offering circular required by RCW 19.100.070, together with
a copy of the proposed agreements relating to the sale of the
franchise. [1991 c 226 § 6; 1972 ex.s. c 116 § 6; 1971 ex.s. c
252 § 8.]
19.100.090
19.100.090 Filings, registration, or finding of director—Construction. (1) Neither (a) the fact that application
for registration under this law has been filed nor (b) the fact
that such registration has become effective constitutes a finding by the director that any document filed under this law is
true, complete, or not misleading. Neither any such fact or the
fact that an exemption is available for a transaction means
that the director has passed in any way on the merit or qualifications of or recommended or given approval to any person,
franchise, or transaction.
(2) It is unlawful to make or cause to be made to any prospective purchaser or offeree any representation inconsistent
with this section. [1971 ex.s. c 252 § 9.]
19.100.100
19.100.100 Advertisements—Copy to be filed. No
person shall publish in this state any advertisements offering
a franchise subject to the registration requirements of this law
unless a true copy of the advertisement has been filed in the
office of the director at least seven days prior to the publication or such shorter period as the director by rule or order may
allow. [1991 c 226 § 7; 1971 ex.s. c 252 § 10.]
19.100.110
19.100.110 Advertisements—False or misleading—
Notice—Procedure. No person shall publish in this state
any advertisement concerning a franchise subject to the registration requirements of this chapter after the director finds
that the advertisement contains any statements that are false
or misleading or omits to make any statement necessary in
order to make the statements made, in the light of the circumstances in which they were made, not misleading and so notifies the person in writing. Such notification may be given
summarily without notice or hearing. At any time after the
issuance of a notification under this section the person desiring to use the advertisement may in writing request the order
be rescinded. Upon receipt of such a written request, the matter shall be set down for hearing to commence within fifteen
days after such receipt unless the person making the request
consents to a later date. After such hearing, which shall be
conducted in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW, the director shall
determine whether to affirm and to continue or to rescind
such order and the director shall have all powers granted
under such act. [1972 ex.s. c 116 § 7; 1971 ex.s. c 252 § 11.]
19.100.120
19.100.120 Registration statement—Stop order—
Grounds. The director may issue a stop order denying effectiveness to or suspending or revoking the effectiveness of any
registration statement if he finds that the order is in the public
interest and that:
[Title 19 RCW—page 150]
(1) The registration statement as of its effective date, or
as of any earlier date in the case of an order denying effectiveness, is incomplete in any material respect or contains any
statement which was in the light of the circumstances under
which it was made false or misleading with respect to any
material fact;
(2) Any provision of this chapter or any rule or order or
condition lawfully imposed under this chapter has been violated in connection with the offering by:
(a) The person filing the registration statement but only
if such person is directly or indirectly controlled by or acting
for the franchisor; or
(b) The franchisor, any partner, officer or director of a
franchisor, or any person occupying a similar status or performing similar functions or any person directly or indirectly
controlling or controlled by the franchisor.
(3) The franchise offering registered or sought to be registered is the subject of a permanent or temporary injunction
of any court of competent jurisdiction entered under any federal or state act applicable to the offering but the director may
not:
(a) Institute a proceeding against an effective registration
statement under this clause more than one year from the date
of the injunctive relief thereon unless the injunction is thereafter violated; and
(b) Enter an order under this clause on the basis of an
injunction entered under any other state act unless that order
or injunction is based on facts that currently constitute a
ground for stop order under this section;
(4) A franchisor's enterprise or method of business
includes or would include activities which are illegal where
performed;
(5) The offering has worked or tended to work a fraud
upon purchasers or would so operate;
(6) The applicant has failed to comply with any rule or
order of the director issued pursuant to RCW 19.100.050.
(7) The applicant or registrant has failed to pay the
proper registration fee but the director may enter only a
denial order under this subsection and he shall vacate such
order when the deficiency has been corrected. [1972 ex.s. c
116 § 8; 1971 ex.s. c 252 § 12.]
19.100.130
19.100.130 Registration statement—Stop order—
Notice—Hearing—Modification or vacation of order.
Upon the entry of a stop order under any part of RCW
19.100.120, the director shall promptly notify the applicant
that the order has been entered and that the reasons therefor
and that within fifteen days after receipt of a written request,
the matter will be set down for hearing. If no hearing is
requested within fifteen days and none is ordered by the
director, the director shall enter his written findings of fact
and conclusions of law and the order will remain in effect
until it is modified or vacated by the director. If a hearing is
requested or ordered, the director after notice of an opportunity for hearings to the issuer and to the applicant or registrant shall enter his written findings of fact and conclusions of
law and may modify or vacate the order. The director may
modify or vacate a stop order if he finds that the conditions
which prompted his entry have changed or that it is otherwise
in the public interest to do so. [1971 ex.s. c 252 § 13.]
(2004 Ed.)
Franchise Investment Protection
19.100.140 Registration of franchise brokers
required. (1) It is unlawful for any franchise broker to offer
to sell or sell a franchise in this state unless the franchise broker is registered under this chapter. It is unlawful for any
franchisor, subfranchisor, or franchisee to employ a franchise
broker unless the franchise broker is registered.
(2) The franchise broker shall apply for registration by
filing with the director an application together with a consent
to service of process in such form as the director shall prescribe and payment of the fee prescribed in RCW 19.100.240.
(3) The application shall contain whatever information
the director requires concerning such matters as:
(a) The applicant's form and place of organization.
(b) The applicant's proposed method of doing business.
(c) The qualifications and business history of the applicant.
(d) Any injunction or administrative order or conviction
of a misdemeanor involving a security or any aspect of the
securities business and any conviction of a felony; and
(e) The applicant's financial condition and history.
[1991 c 226 § 8; 1972 ex.s. c 116 § 9; 1971 ex.s. c 252 § 14.]
19.100.140
19.100.150 Records and accounts—Reports. Every
person offering franchises for sale shall at all times keep and
maintain a complete set of books, records, and accounts of
such and the disposition of the proceeds thereof and shall
thereafter at such times as are required by the director make
and file in the office of the director a report setting forth the
franchises sold by it, the proceeds derived therefrom, and the
disposition thereof. [1971 ex.s. c 252 § 15.]
19.100.150
19.100.160 Application of chapter—Jurisdiction—
Service of process—Consent. Any person who is engaged
or hereafter engaged directly or indirectly in the sale or offer
to sell a franchise or a subfranchise or in business dealings
concerning a franchise, either in person or in any other form
of communication, shall be subject to the provisions of this
chapter, shall be amenable to the jurisdiction of the courts of
this state and shall be amenable to the service of process
under RCW 4.28.180, 4.28.185 and 19.86.160. Every applicant for registration of a franchise under this law (by other
than a Washington corporation) shall file with the director in
such form as he by rule prescribed, an irrevocable consent
appointing the director or his successor in office to be his
attorney, to receive service or any lawful process in any noncriminal suit, action, or proceeding against him or his successors, executor, or administrator which arises under this law or
any rule or order hereunder after the consent has been filed,
with the same force and validity as if served personally on the
person filing consent. A person who has filed such a consent
in connection with a previous registration under this law need
not file another. Service may be made by leaving a copy of
the process in the office of the director but it is not as effective unless:
(1) The plaintiff, who may be the director, in a suit,
action, or proceeding instituted by him forthwith sends notice
of the service and a copy of the process by registered or certified mail to the defendant or respondent at his last address
on file with the director; and
(2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the pro19.100.160
(2004 Ed.)
19.100.180
cess, if any, or within such further times the court allows.
[1991 c 226 § 9; 1971 ex.s. c 252 § 16.]
19.100.170
19.100.170 Violations. It is unlawful for any person in
connection with the offer, sale, or purchase of any franchise
or subfranchise in this state directly or indirectly:
(1) To make any untrue statement of a material fact in
any application, notice, or report filed with the director under
this law or willfully to omit to state in any application, notice
or report, any material fact which is required to be stated
therein or fails to notify the director of any material change as
required by RCW 19.100.070(3).
(2) To sell or offer to sell by means of any written or oral
communication which includes an untrue statement of a
material fact or omits to state a material fact necessary in
order to make the statements made in light of the circumstances under which they were made not misleading.
(3) To employ any device, scheme, or artifice to defraud.
(4) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person.
(5) To violate any order of the director. [1991 c 226 §
10; 1971 ex.s. c 252 § 17.]
19.100.180
19.100.180 Relation between franchisor and franchisee—Rights and prohibitions. Without limiting the other
provisions of this chapter, the following specific rights and
prohibitions shall govern the relation between the franchisor
or subfranchisor and the franchisees:
(1) The parties shall deal with each other in good faith.
(2) For the purposes of this chapter and without limiting
its general application, it shall be an unfair or deceptive act or
practice or an unfair method of competition and therefore
unlawful and a violation of this chapter for any person to:
(a) Restrict or inhibit the right of the franchisees to join
an association of franchisees.
(b) Require a franchisee to purchase or lease goods or
services of the franchisor or from approved sources of supply
unless and to the extent that the franchisor satisfies the burden of proving that such restrictive purchasing agreements
are reasonably necessary for a lawful purpose justified on
business grounds, and do not substantially affect competition: PROVIDED, That this provision shall not apply to the
initial inventory of the franchise. In determining whether a
requirement to purchase or lease goods or services constitutes
an unfair or deceptive act or practice or an unfair method of
competition the courts shall be guided by the decisions of the
courts of the United States interpreting and applying the antitrust laws of the United States.
(c) Discriminate between franchisees in the charges
offered or made for royalties, goods, services, equipment,
rentals, advertising services, or in any other business dealing,
unless and to the extent that the franchisor satisfies the burden of proving that any classification of or discrimination
between franchisees is: (i) Reasonable, (ii) based on franchises granted at materially different times and such discrimination is reasonably related to such difference in time, or is
based on other proper and justifiable distinctions considering
the purposes of this chapter, and (iii) is not arbitrary. However, nothing in (c) of this subsection precludes negotiation
[Title 19 RCW—page 151]
19.100.184
Title 19 RCW: Business Regulations—Miscellaneous
of the terms and conditions of a franchise at the initiative of
the franchisees.
(d) Sell, rent, or offer to sell to a franchisee any product
or service for more than a fair and reasonable price.
(e) Obtain money, goods, services, anything of value, or
any other benefit from any other person with whom the franchisee does business on account of such business unless such
benefit is disclosed to the franchisee.
(f) If the franchise provides that the franchisee has an
exclusive territory, which exclusive territory shall be specified in the franchise agreement, for the franchisor or subfranchisor to compete with the franchisee in an exclusive territory
or to grant competitive franchises in the exclusive territory
area previously granted to another franchisee.
(g) Require franchisee to assent to a release, assignment,
novation, or waiver which would relieve any person from liability imposed by this chapter, except as otherwise permitted
by RCW 19.100.220.
(h) Impose on a franchisee by contract, rule, or regulation, whether written or oral, any standard of conduct unless
the person so doing can sustain the burden of proving such to
be reasonable and necessary.
(i) Refuse to renew a franchise without fairly compensating the franchisee for the fair market value, at the time of
expiration of the franchise, of the franchisee's inventory, supplies, equipment, and furnishings purchased from the franchisor, and good will, exclusive of personalized materials
which have no value to the franchisor, and inventory, supplies, equipment and furnishings not reasonably required in
the conduct of the franchise business: PROVIDED, That
compensation need not be made to a franchisee for good will
if (i) the franchisee has been given one year's notice of nonrenewal and (ii) the franchisor agrees in writing not to enforce
any covenant which restrains the franchisee from competing
with the franchisor: PROVIDED FURTHER, That a franchisor may offset against amounts owed to a franchisee under
this subsection any amounts owed by such franchisee to the
franchisor.
(j) Terminate a franchise prior to the expiration of its
term except for good cause. Good cause shall include, without limitation, the failure of the franchisee to comply with
lawful material provisions of the franchise or other agreement between the franchisor and the franchisee and to cure
such default after being given written notice thereof and a
reasonable opportunity, which in no event need be more than
thirty days, to cure such default, or if such default cannot reasonably be cured within thirty days, the failure of the franchisee to initiate within thirty days substantial and continuing
action to cure such default: PROVIDED, That after three
willful and material breaches of the same term of the franchise agreement occurring within a twelve-month period, for
which the franchisee has been given notice and an opportunity to cure as provided in this subsection, the franchisor may
terminate the agreement upon any subsequent willful and
material breach of the same term within the twelve-month
period without providing notice or opportunity to cure: PROVIDED FURTHER, That a franchisor may terminate a franchise without giving prior notice or opportunity to cure a
default if the franchisee: (i) Is adjudicated a bankrupt or
insolvent; (ii) makes an assignment for the benefit of creditors or similar disposition of the assets of the franchise busi[Title 19 RCW—page 152]
ness; (iii) voluntarily abandons the franchise business; or (iv)
is convicted of or pleads guilty or no contest to a charge of
violating any law relating to the franchise business. Upon termination for good cause, the franchisor shall purchase from
the franchisee at a fair market value at the time of termination, the franchisee's inventory and supplies, exclusive of (i)
personalized materials which have no value to the franchisor;
(ii) inventory and supplies not reasonably required in the conduct of the franchise business; and (iii), if the franchisee is to
retain control of the premises of the franchise business, any
inventory and supplies not purchased from the franchisor or
on his express requirement: PROVIDED, That a franchisor
may offset against amounts owed to a franchisee under this
subsection any amounts owed by such franchisee to the franchisor. [1991 c 226 § 11; 1980 c 63 § 1; 1973 1st ex.s. c 33 §
4; 1972 ex.s. c 116 § 10; 1971 ex.s. c 252 § 18.]
19.100.184
19.100.184 Terms and conditions from negotiations
initiated by franchisee. This chapter does not preclude
negotiation of the terms and conditions of a franchise at the
initiative of the franchisee, provided that such negotiated
terms and conditions do not violate any provision of this
chapter. After the initial offer to a franchisee using the offering circular required by RCW 19.100.030, 19.100.040, or
19.100.070 a franchisor need not provide an amended offering circular to that franchisee by reason of a change in the
terms and conditions of a franchise being negotiated at the
initiative of that franchisee or amend the registration by reason of such change. [1991 c 226 s 12.]
19.100.190
19.100.190 Unfair or deceptive acts—Suits for damages—Violations of other acts, use in evidence. (1) The
commission of any unfair or deceptive acts or practices or
unfair methods of competition prohibited by RCW
19.100.180 as now or hereafter amended shall constitute an
unfair or deceptive act or practice under the provisions of
chapter 19.86 RCW.
(2) Any person who sells or offers to sell a franchise in
violation of this chapter shall be liable to the franchisee or
subfranchisor who may sue at law or in equity for damages
caused thereby for rescission or other relief as the court may
deem appropriate. In the case of a violation of RCW
19.100.170 rescission is not available to the plaintiff if the
defendant proves that the plaintiff knew the facts concerning
the untruth or omission or that the defendant exercised reasonable care and did not know or if he had exercised reasonable care would not have known of the untruth or omission.
(3) The suit authorized under subsection (2) of this section may be brought to recover the actual damages sustained
by the plaintiff and the court may in its discretion increase the
award of damages to an amount not to exceed three times the
actual damages sustained: PROVIDED, That the prevailing
party may in the discretion of the court recover the costs of
said action including a reasonable attorneys' fee.
(4) Any person who becomes liable to make payments
under this section may recover contributions as in cases of
contracts from any persons who, if sued separately, would
have been liable to make the same payment.
(5) A final judgment, order, or decree heretofore or hereafter rendered against a person in any civil, criminal, or
(2004 Ed.)
Franchise Investment Protection
administrative proceedings under the United States anti-trust
laws, under the Federal Trade Commission Act, under the
Washington State Consumer Protection Act, or this chapter
shall be regarded as evidence against such persons in any
action brought by any party against such person under subsections (1) and (2) of this section as to all matters which said
judgment or decree would be an estoppel between the parties
thereto. [1972 ex.s. c 116 § 11; 1971 ex.s. c 252 § 19.]
19.100.200
19.100.200 Pendency of other proceedings tolls limitation of action. The pendency of any civil, criminal, or
administrative proceedings against a person brought by the
federal or Washington state governments or any of their
agencies under the anti-trust laws, the Federal Trade Commission Act, the Consumer Protection Act, or any federal or
state act related to anti-trust laws or to franchising, or under
this chapter shall toll the limitation of this action if the action
is then instituted within one year after the final judgment or
order in such proceedings: PROVIDED, That said limitation
of actions shall in any case toll the law so long as there is
actual concealment on the part of the person. [1972 ex.s. c
116 § 12; 1971 ex.s. c 252 § 20.]
19.100.210
19.100.210 Violations—Injunctions—Assurance of
discontinuance—Civil and criminal penalties—Chapter
nonexclusive. (1) The attorney general or director may bring
an action in the name of the state against any person to
restrain and prevent the doing of any act herein prohibited or
declared to be unlawful. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of
mandamus shall be granted and a receiver or conservator may
be appointed for the defendant or the defendant's assets. The
prevailing party may in the discretion of the court recover the
costs of such action including a reasonable attorneys' fee.
(2) Every person who shall violate the terms of any
injunction issued as in this chapter provided shall forfeit and
pay a civil penalty of not more than twenty-five thousand dollars.
(3) Every person who violates RCW 19.100.020,
19.100.080, 19.100.150, and 19.100.170 shall forfeit a civil
penalty of not more than two thousand dollars for each violation.
(4) For the purpose of this section the superior court issuing an injunction shall retain jurisdiction and the cause shall
be continued and in such cases the attorney general or director acting in the name of the state may petition for the recovery of civil penalties.
(5) In the enforcement of this chapter, the attorney general or director may accept an assurance of discontinuance
with the provisions of this chapter from any person deemed
by the attorney general or director in violation hereof. Any
such assurance shall be in writing, shall state that the person
giving such assurance does not admit to any violation of this
chapter or to any facts alleged by the attorney general or
director, and shall be filed with and subject to the approval of
the superior court of the county in which the alleged violator
resides or has his or her principal place of business, or in
Thurston county. Proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter.
(2004 Ed.)
19.100.240
(6) Any person who willfully violates any provision of
this chapter or who willfully violates any rule adopted or
order issued under this chapter is guilty of a class B felony
and shall upon conviction be fined not more than five thousand dollars or imprisoned for not more than ten years or
both, but no person may be imprisoned for the violation of
any rule or order if he or she proves that he or she had no
knowledge of the rule or order. No indictment or information
may be returned under this chapter more than five years after
the alleged violation.
(7) Nothing in this chapter limits the power of the state to
punish any person for any conduct which constitutes a crime
by statute or at common law. [2003 c 53 § 151; 1980 c 63 §
2; 1979 ex.s. c 13 § 1; 1972 ex.s. c 116 § 13; 1971 ex.s. c 252
§ 21.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.100.220
19.100.220 Exceptions or exemptions—Burden of
proof—Waivers of compliance void—Settlement release
or waiver—Chapter as fundamental policy. (1) In any
proceeding under this chapter, the burden of proving an
exception from a definition or an exemption from registration
is upon the person claiming it.
(2) Any agreement, condition, stipulation or provision,
including a choice of law provision, purporting to bind any
person to waive compliance with any provision of this chapter or any rule or order hereunder is void. A release or waiver
executed by any person pursuant to a negotiated settlement in
connection with a bona fide dispute between a franchisee and
a franchisor, arising after their franchise agreement has taken
effect, in which the person giving the release or waiver is represented by independent legal counsel, is not an agreement
prohibited by this subsection.
(3) This chapter represents a fundamental policy of the
state of Washington. [1991 c 226 s 13; 1972 ex.s. c 116 s 14;
1971 ex.s. c 252 s 22.]
19.100.230
19.100.230 Referral of evidence to attorney general
or prosecuting attorney. The director may refer such evidence as may be available concerning violations of this chapter or any rule or order hereunder to the attorney general or
the proper prosecuting attorney who may in his discretion
with or without such a reference institute the appropriate
criminal proceeding under this chapter. [1971 ex.s. c 252 §
23.]
19.100.240
19.100.240 Fees. The director shall charge and collect
fees fixed by this section. All fees collected under this chapter shall be deposited in the state treasury and shall not be
refundable except as herein provided:
(1) The fee for filing an application for registration on
the sale of franchise under RCW 19.100.040 is six hundred
dollars;
(2) The fee for filing an application for renewal of a registration under RCW 19.100.070 is one hundred dollars;
(3) The fee for filing an amendment to the application
filed under RCW 19.100.040 is one hundred dollars;
[Title 19 RCW—page 153]
19.100.242
Title 19 RCW: Business Regulations—Miscellaneous
(4) The fee for registration of a franchise broker shall be
fifty dollars for original registration and twenty-five dollars
for each annual renewal;
(5) The fee for filing a notice of claim of exemption is
one hundred dollars for the original filing and one hundred
dollars for each annual renewal. [1991 c 226 § 14; 1971 ex.s.
c 252 § 24.]
19.100.242
19.100.242 Investigations by director. The director, in
the director's discretion, may: (1) Annually, or more frequently, make such public or private investigations within or
without this state as the director deems necessary to determine whether any registration should be granted, denied,
revoked, or suspended, or whether any person has violated or
is about to violate a provision of this chapter or any rule
adopted or order issued under this chapter, or to aid in the
enforcement of this chapter or in the prescribing of rules and
forms under this chapter; and (2) publish information concerning a violation of this chapter or a rule adopted or order
issued under this chapter. [1979 ex.s. c 13 § 2.]
19.100.245
19.100.245 Investigatory powers—Proceedings for
contempt. For the purpose of any investigation or proceeding under this chapter, the director or any officer designated
by the director may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records
which the director deems relevant or material to the inquiry.
In case of wilful failure on the part of a person to comply
with a subpoena lawfully issued by the director, or on the
refusal of a witness to testify to matters regarding which the
witness may be lawfully interrogated, the superior court of
any county, on application of the director and after satisfactory evidence of wilful disobedience, may compel obedience
by proceedings for contempt, as in the case of disobedience
of a subpoena issued from the court or a refusal to testify
therein. [1979 ex.s. c 13 § 3.]
19.100.248
19.100.248 Cease and desist orders. If it appears to the
director that a person has engaged or is about to engage in an
act or practice constituting a violation of a provision of this
chapter or a rule adopted or order issued under this chapter,
the director may, in the director's discretion, issue an order
directing the person to cease and desist from continuing the
act or practice. Reasonable notice of and opportunity for a
hearing shall be given. The director may issue a temporary
order pending the hearing, which shall remain in effect until
ten days after the hearing is held and which shall become
final if the person to whom notice is addressed does not
request a hearing within fifteen days after the receipt of the
notice. [1979 ex.s. c 13 § 4.]
19.100.250
19.100.250 Powers of director as to rules, forms,
orders and defining terms—Interpretive opinions. The
director may from time to time make, amend, and rescind
such rules, forms, and orders as are necessary to carry out the
provisions of this chapter including rules and forms governing applications and reports and defining any terms whether
or not used in this chapter insofar as the definitions are con[Title 19 RCW—page 154]
sistent with this chapter. The director in his discretion may
honor requests from interested persons for interpretive opinions. [1972 ex.s. c 116 § 15; 1971 ex.s. c 252 § 25.]
19.100.252
19.100.252 Denial, suspension, or revocation of franchise broker by director. The director may by order deny,
suspend, or revoke registration of any franchise broker if the
director finds that the order is in the public interest and that
the applicant or registrant, or any partner, officer, or director
of the applicant or registrant:
(1) Has filed an application for registration as a franchise
broker under RCW 19.100.140 which, as of its effective date,
or as of any date after filing in the case of an order denying
effectiveness, was incomplete in any material respect or contained any statement which was, in the light of the circumstances under which it was made, false or misleading with
respect to any material fact;
(2) Has willfully violated or willfully failed to comply
with any provision of this chapter;
(3) Has been convicted, within the past five years of any
misdemeanor involving a franchise, or any felony involving
moral turpitude;
(4) Is permanently or temporarily enjoined by any court
of competent jurisdiction from engaging in or continuing any
aspect of the franchise industry;
(5) Is the subject of an order of the director denying, suspending, or revoking registration as a franchise broker;
(6) Has engaged in dishonest or unethical practices in the
franchise industry;
(7) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature.
The director may by order summarily postpone or suspend registration pending final determination of any proceeding under this section. [1991 c 226 § 16.]
19.100.255
19.100.255 Denial, suspension, or revocation of
exemption by director. The director may by order deny,
suspend, or revoke any exemption from registration otherwise available under RCW 19.100.030 for the offer or sale of
the franchise if he or she finds that the order is in the public
interest and that:
(1) Any provision of this chapter or any rule or order or
condition lawfully imposed under this chapter has been violated or is about to be violated in connection with the offering
by the franchisor, any partner, officer, or director of a franchisor, or any person occupying a similar status or performing similar functions or any person directly or indirectly controlled by the franchisor, or any franchise broker offering or
selling the offering;
(2) The franchise offering is the subject of a permanent
or temporary injunction of a court of competent jurisdiction
entered under any federal or state act applicable to the offering; but (a) the director may not enter an order of revocation
or suspension under this subsection more than one year from
the date of the injunction relied on, and (b) the director may
not enter an order under this subsection on the basis of an
injunction unless that injunction was based on facts that currently constitute a ground for an order under this section;
(2004 Ed.)
Chain Distributor Schemes
(3) The franchisor's enterprise or method of business
includes or would include activities which are illegal where
performed;
(4) The offering has worked or tended to work or would
tend to work a fraud on purchasers;
(5) The franchisor has failed to pay the required filing
fee for a claim of exemption but the director may enter only a
denial order under this subsection and shall vacate such order
when the deficiency has been corrected;
(6) The franchisor has made a claim of exemption which
is incomplete in a material respect or contains any statement
which in the light of the circumstances under which it was
made is false or misleading with respect to any material fact.
[1991 c 226 § 17.]
19.100.260
19.100.260 Applicability of administrative procedure
act. The administrative procedure act, chapter 34.05 RCW,
shall wherever applicable herein govern the rights, remedies,
and procedures respecting the administration of this chapter.
[1971 ex.s. c 252 § 26.]
19.100.270
19.100.270 Administrator of securities. The director
shall appoint a competent person to administer this chapter
who shall be designated administrator of securities. The
director shall delegate to the administrator such powers, subject to the authority of the director, as may be necessary to
carry out the provisions of this chapter. The administrator
shall hold office at the pleasure of the director. [1971 ex.s. c
252 § 27.]
19.100.900
19.100.900 Chapter applicable to existing and future
franchises and contracts. The provisions of this chapter
shall be applicable to all franchises and contracts existing
between franchisors and franchisees and to all future franchises and contracts. [1971 ex.s. c 252 § 28.]
19.100.910
19.100.910 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy available at law.
[1971 ex.s. c 252 § 29.]
19.100.920
19.100.920 Effective date—1971 ex.s. c 252. This act
shall become effective May 1, 1972: PROVIDED, That the
director is authorized and empowered to undertake and perform duties and conduct activities necessary for the implementation of this act prior to that date. [1971 ex.s. c 252 §
30.]
19.100.930
19.100.930 Severability—1971 ex.s. c 252. If any section or provision of this act shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the act as a whole, or any section, provisions, or part
thereof not adjudged invalid or unconstitutional. [1971 ex.s.
c 252 § 31.]
Chapter 19.105
19.100.932
19.100.932 Severability—1979 ex.s. c 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1979 ex.s. c 13 § 5.]
19.100.940
19.100.940 Short title. This chapter shall be known and
designated as the "Franchise Investment Protection Act".
[1971 ex.s. c 252 § 32.]
Chapter 19.102
Chapter 19.102 RCW
CHAIN DISTRIBUTOR SCHEMES
Sections
19.102.010
19.102.020
Definitions.
Chain distributor schemes prohibited—Unfair practice.
Business opportunity fraud act: Chapter 19.110 RCW.
19.102.010 Definitions. (1) "Chain distributor scheme"
is a sales device whereby a person, under a condition that he
make an investment, is granted a license or right to recruit for
consideration one or more additional persons who are also
granted such license or right upon condition of making an
investment, and may further perpetuate the chain of persons
who are granted such license or right upon such condition. A
limitation as to the number of persons who may participate,
or the presence of additional conditions affecting eligibility
for the above license or right to recruit or the receipt of profits
therefrom, does not change the identity of the scheme as a
chain distributor scheme.
(2) "Person" means a natural person, corporation, partnership, trust, or other entity and in the case of an entity, it
shall include any other entity which has a majority interest in
such an entity or effectively controls such other entity as well
as the individual officers, directors, and other persons in act
of control of the activities of each such entity.
(3) "Investment" is any acquisition, for a consideration
other than personal services, of personal property, tangible or
intangible, for profit or business purposes, and includes,
without limitation, franchises, business opportunities, services and inventory for resale. It does not include sales demonstration equipment and materials, furnished at cost for use
in making sales and not for resale. [1973 1st ex.s. c 33 § 1.]
19.102.010
19.102.020
19.102.020 Chain distributor schemes prohibited—
Unfair practice. No person shall promote, offer or grant participation in a chain distributor scheme. Any violation of this
chapter shall be construed for purposes of the application of
the Consumer Protection Act, chapter 19.86 RCW, to constitute an unfair or deceptive act or practice or unfair method of
competition in the conduct of trade or commerce. [1973 1st
ex.s. c 33 § 2.]
Chapter 19.105
Chapter 19.105 RCW
CAMPING RESORTS
19.100.931
19.100.931 Severability—1972 ex.s. c 116. If any provision of this 1972 amendatory act, or its application to any
person or circumstance is held invalid, the remainder of the
act, or the application of the provision to other persons or circumstances is not affected. [1972 ex.s. c 116 § 16.]
(2004 Ed.)
Sections
19.105.300
19.105.310
19.105.320
Definitions.
Unlawful to offer or sell contract unless contract registered—
Exemptions.
Registration—Filings required upon application—Waiver.
[Title 19 RCW—page 155]
19.105.300
19.105.325
19.105.330
19.105.333
19.105.336
19.105.340
19.105.345
19.105.350
19.105.360
19.105.365
19.105.370
19.105.380
19.105.390
19.105.400
19.105.405
19.105.411
19.105.420
19.105.430
19.105.440
19.105.450
19.105.470
19.105.480
19.105.490
19.105.500
19.105.510
19.105.520
19.105.530
19.105.540
19.105.550
19.105.560
19.105.910
19.105.920
19.105.930
Title 19 RCW: Business Regulations—Miscellaneous
Exemptions from chapter.
Registration—Effective, when—Completed form of application required.
Signature of operator, trustee, or holder of power of attorney
required on application documentation.
Availability of campgrounds to contract purchasers—Blanket
encumbrances—Penalty for noncompliance.
Impounding proceeds from contract sales—Conditional
release of impounded funds—Funds not subject to lien—No
assignment of impounded or reserved assets.
Persons licensed under chapter 18.85 RCW exempt from
salesperson registration requirements.
Director may require reserve fund by order—Actions against a
registration.
Filing of sales literature, contract form, disclosure supplements.
Advertising promises of free gifts, awards, or prizes—Provision of gift or substitute—Security arrangements after violation—Advance fees placed in trust—Membership referral
programs considered promotional programs.
Purchaser to receive written disclosures from operator or
department—Exemptions.
Unprofessional conduct/disciplinary action—Grounds—Liability for administrative and legal costs—Assurances of discontinuance—Support order, noncompliance.
Resort contracts—Purchaser's cancellation—Notice—Statement of right to cancel.
Resort contracts—Voidable—Estoppel.
Purchaser lists—Authorized uses.
Fees.
Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits.
Unlawful to act as salesperson without registering—Exemptions.
Registration as salesperson—Application—Unprofessional
conduct—Assurances of discontinuance—Renewal of registration—Support order, noncompliance.
Investigations—Scope—Publishing information.
Cease and desist orders—Utilizing temporary order, injunction, restraining order, or writ of mandamus.
Violations—As gross misdemeanors—Statute of limitations.
Violations—Referral to attorney general or prosecuting attorney.
Violations—Application of consumer protection act.
Resort contracts—Nonapplicability of certain laws—County
and city powers.
Unlawful to represent director's administrative approval as
determination as to merits of resort—Penalty.
Rules, forms, orders—Administration of chapter.
Administrative procedure act application.
Administration.
Uniform regulation of business and professions act.
Construction—Chapter as cumulative and nonexclusive.
Severability—1982 c 69.
Effective date—1982 c 69.
Exemption of timeshares from chapter: RCW 64.36.290.
19.105.300 Definitions. As used in this chapter, unless
the context clearly requires otherwise:
(1) "Camping resort" means any enterprise, other than
one that is tax exempt under section 501(c)(3) of the Internal
Revenue Code of 1986, as amended, that has as its primary
purpose the ownership, operation, or promotion of campgrounds that includes or will include camping sites.
(2) "Camping resort contract" means an agreement evidencing a purchaser's title to, estate or interest in, or right or
license to use for more than thirty days the campground of a
camping resort.
(3) "Camping site" means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer,
pick-up camper, or other similar device used for land-based
portable housing.
(4) "Purchaser" means a person who enters into a camping resort contract and thereby obtains title to, an estate or
interest in, or license or the right to use the campground of a
camping resort.
19.105.300
[Title 19 RCW—page 156]
(5) "Person" means any individual, corporation, partnership, trust, association, or other organization other than a
government or a subdivision thereof.
(6) "Director" means the director of licensing.
(7) "Camping resort operator" means any person who
establishes, promotes, owns, or operates a camping resort.
(8) "Advertisement" means any offer, written, printed,
audio, or visual, by general solicitation, including all material
used by an operator in a membership referral program.
(9) "Offer" means any solicitation reasonably designed
to result in the entering into of a camping resort contract.
(10) "Sale" or "sell" means entering into, or other disposition, of a camping resort contract for value, but the term
value does not include a reasonable fee to offset the ministerial costs of transfer of a camping resort contract if, in transferring the contract or membership, the terms of the original
contract or membership are not changed by the camping
resort operator.
(11) "Salesperson" means any individual, other than a
camping resort operator, who is engaged in obtaining commitments of persons to enter into camping resort contracts by
making a sales presentation to, or negotiating sales with, the
persons, but does not include members of a camping resort
engaged in the referral of persons without making a sales presentation to the persons.
(12) "Affiliate" means any person who, directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control of a registrant or camping resort operator.
(13) "Campground" means real property owned or operated by a camping resort that is available for camping or outdoor recreation by purchasers of camping resort contracts.
(14) "Department" means the department of licensing.
(15) "Resale camping resort contract" means a camping
resort contract offered or sold which is not the original offer,
transfer, or sale of such contract, and not a forfeited contract
being reoffered by an operator.
(16) "Start-up camping resort contract" means a camping
resort contract that is being offered or sold for the first time or
a forfeited contract being resold by a camping resort operator.
(17) "Blanket encumbrance" means any mortgage, deed
of trust, option to purchase, vendor's lien or interest under a
contract or agreement of sale, or other material financing lien
or encumbrance granted by the camping resort operator or
affiliate that secures or evidences the obligation to pay
money or to sell or convey any campgrounds made available
to purchasers by the camping resort operator or any portion
thereof and that authorizes, permits, or requires the foreclosure or other disposition of the campground affected.
(18) "Nondisturbance agreement" means an instrument
by which the holder of a blanket encumbrance agrees that:
(a) Its rights in any campground made available to purchasers, prior or subsequent to the agreement, by the camping
resort operator shall be subordinate to the rights of purchasers
from and after the recording of the instrument; (b) the holder
and all successors and assignees, and any person who
acquires the campground through foreclosure or by deed in
lieu of foreclosure of such blanket encumbrance, shall take
the campground subject to the use rights of purchasers; and
(c) the holder or any successor acquiring the campground
through the blanket encumbrance shall not discontinue use,
(2004 Ed.)
Camping Resorts
or cause the campground to be used, in a manner which
would materially prevent purchasers from using or occupying
the campground in a manner contemplated by the purchasers'
camping resort contracts. However, the holder has no obligation or liability to assume the responsibilities or obligations
of the camping resort operator under camping resort contracts. [1988 c 159 § 1; 1982 c 69 § 1.]
19.105.310
19.105.310 Unlawful to offer or sell contract unless
contract registered—Exemptions. Except in transactions
exempt under RCW 19.105.325, it is unlawful for any person
to offer or sell a camping resort contract in this state unless
the camping resort contract is registered and the operator or
registrant has received a permit to market the registered contracts under this chapter. [1988 c 159 § 2; 1982 c 69 § 2.]
19.105.320
19.105.320 Registration—Filings required upon
application—Waiver. (1) To apply for registration an applicant shall file with the director:
(a) An application for registration on such a form as may
be prescribed by the director. The director may, by rule or
order, prescribe the contents of the application to include
information (including financial statements) reasonably necessary for the director to determine if the requirements of this
chapter have been met, whether any of the grounds for which
a registration may be suspended or denied have occurred, and
what conditions, if any, should be imposed under RCW
19.105.340, 19.105.350, or 19.105.336 in connection with
the registration;
(b) Written disclosures, in any format the director is satisfied accurately, completely, and clearly communicates the
required information, which include:
(i) The name and address of the camping resort applicant
or operator and any material affiliate and, if the operator or
registrant is other than a natural person, the identity of each
person owning a ten percent or greater share or interest;
(ii) A brief description of the camping resort applicant's
experience in the camping resort business;
(iii) A brief description of the nature of the purchaser's
title to, estate or interest in, or right to use the camping resort
property or facilities and whether or not the purchaser will
obtain an estate, title to, or interest in specified real property;
(iv) The location and a brief description of the significant
facilities and recreation services then available for use by
purchasers and those which are represented to purchasers as
being planned, together with a statement whether any of the
resort facilities or recreation services will be available to nonpurchasers or the general public;
(v) A brief description of the camping resort's ownership
of or other right to use the camping resort properties or facilities represented to be available for use by purchasers,
together with a brief description of any material encumbrance, the duration of any lease, real estate contract, license,
franchise, reciprocal agreement, or other agreement entitling
the camping resort applicant or operator to use the property,
and any material provisions of the agreements which restrict
a purchaser's use of the property;
(vi) A summary of any local or state health, environmental, subdivision, or zoning requirements or permits that have
(2004 Ed.)
19.105.320
not been complied with for the resort property or facility represented to purchasers as in or planned for the campground;
(vii) A copy of the articles, by-laws, rules, restrictions, or
covenants regulating the purchaser's use of each property, the
facilities located on each property, and any recreation services provided;
(viii) A statement of whether and how the articles, declarations, by-laws, rules, restrictions, or covenants used in
structuring the project may be changed and whether and how
the members may participate in the decision on the changes;
(ix) A brief description of all payments of a purchaser
under a camping resort contract, including initial fees and any
further fees, charges, or assessments, together with any provisions for changing the payments;
(x) A description of any restraints on the transfer of
camping resort contracts;
(xi) A brief description of the policies relating to the
availability of camping sites and conditions under which reservations are required and the availability of the sites to
guests and family members;
(xii) A disclosure covering the right of the camping
resort operator or the registrant and their heirs, assigns, and
successors in interest to change, substitute, or withdraw from
use all or a portion of the camping resort properties or facilities and the extent to which the operator is obligated to
replace camping resort facilities or properties withdrawn;
(xiii) A brief description of any grounds for forfeiture of
a purchaser's camping resort contract;
(xiv) A statement concerning the effect upon membership camping resort contracts if there is a foreclosure affecting any of the operator's properties, a bankruptcy, or creditor
or lienholder action affecting the operator or the camping
resort properties; and
(xv) Any other information deemed necessary by the
department for the protection of the public health, safety, and
welfare;
(c) The prescribed registration fees;
(d) A statement of the total number of camping resort
contracts then in effect, both within and without this state;
and a statement of the total number of camping resort contracts intended to be sold, both within and without this state,
together with a commitment that the total number will not be
exceeded unless disclosed by post-effective amendment to
the registration as provided in RCW 19.105.420;
(e) Copies or prototypes of all camping resort contracts,
and addendum thereto, and membership certificates, deeds,
leases, or other evidences of interest, title, or estate, to be registered;
(f) An irrevocable consent to service of process on the
director or the department, effective for the term of the statute
of limitations covering the last sale in this state of a camping
resort contract by the applicant or operator; and
(g) Any other material information the director deems
necessary for the protection of the public health, welfare, or
safety, or to effectively conduct an examination of an application.
(2) The director may waive for an applicant any of the
information required in this section if it is not needed for the
protection of the public health and welfare. [1988 c 159 § 3;
1982 c 69 § 3.]
Administrative procedure act application: RCW 19.105.540.
[Title 19 RCW—page 157]
19.105.325
Title 19 RCW: Business Regulations—Miscellaneous
19.105.325 Exemptions from chapter. (1) The following transactions are exempt from registration under this chapter:
(a) An offer or sale by a government or governmental
agency;
(b) A bona fide pledge of a camping resort contract; and
(c) Offerings and dispositions of resale camping resort
contracts by purchasers thereof on their own behalf or by
third parties brokering on behalf of purchasers, other than
resale contracts forfeited by or placed into an operator's sale
inventory.
(2) The director may, by rule or order, exempt any person, wholly or partially, from any or all requirements of this
chapter if the director finds the requirements are not necessary for the protection of the public health, safety, and welfare. [1988 c 159 § 4.]
19.105.325
19.105.330
19.105.330 Registration—Effective, when—Completed form of application required. (1) Unless an order
denying effectiveness under RCW 19.105.380 is in effect, or
unless declared effective by order of the director prior
thereto, the application for registration shall automatically
become effective upon the expiration of the twentieth full
business day following a filing with the director in complete
and proper form, but an applicant may consent to the delay of
effectiveness until such time as the director may by order
declare registration effective or issue a permit to market.
(2) An application for registration, renewal of registration, or amendment is not in completed form and shall not be
deemed a statutory filing until such time as all required fees,
completed application forms, and the information and documents required pursuant to RCW 19.105.320(1) and departmental rules have been filed.
It is the operator's responsibility to see that required filing materials and fees arrive at the appropriate mailing
address of the department. Within seven business days,
excluding the date of receipt, of receiving an application or
initial request for registration and the filing fees, the department shall notify the applicant of receipt of the application
and whether or not the application is complete and in proper
form. If the application is incomplete, the department shall at
the same time inform the applicant what additional documents or information is required.
If the application is not in a completed form, the department shall give immediate notice to the applicant. On the date
the application is complete and properly filed, the statutory
period for an in-depth examination of the filing, prescribed in
subsection (1) of this section, shall begin to run, unless the
applicant and the department have agreed to a stay of effectiveness or the department has issued a denial of the application or a permit to market. [2000 c 171 § 68; 1988 c 159 § 5;
1982 c 69 § 4.]
19.105.333
19.105.333 Signature of operator, trustee, or holder
of power of attorney required on application documentation. Applications, consents to service, all affidavits required
in connection with applications, and all final permits to market shall be signed by the operator, unless a trustee or power
of attorney specifically granted such powers has signed on
behalf of the operator. If a power of attorney or trustee signature is used, the filing shall contain a copy of the authoriza[Title 19 RCW—page 158]
tion, power of attorney, or trustee authorization. [1988 c 159
§ 6.]
19.105.336 Availability of campgrounds to contract
purchasers—Blanket encumbrances—Penalty for noncompliance. (1) With respect to every campground located
within the state which was not made available to purchasers
of camping resort contracts prior to June 20, 1988, and with
respect to any new blanket encumbrance placed against any
campground in this state or any prior blanket encumbrance
against any campground in this state with respect to which
the underlying obligation is refinanced after June 20, 1988,
the camping resort operator shall not represent any such
campground to be available to purchasers of its camping
resort contracts until one of the following events has occurred
with regard to each such blanket encumbrance:
(a) The camping resort operator obtains and records as
covenants to run with the land a nondisturbance agreement
from each holder of the blanket encumbrance. The nondisturbance agreement shall be executed by the camping resort
operator and by each holder of the blanket encumbrance and
shall include the provisions set forth in RCW 19.105.300(18)
and the following:
(i) The instrument may be enforced by individual purchasers of camping resort contracts. If the camping resort
operator is not in default under its obligations to the holder of
the blanket encumbrance, the agreement may be enforced by
the camping resort operator.
(ii) The agreement shall be effective as between each
purchaser and the holder of the blanket encumbrance despite
any rejection or cancellation of the purchaser's contract during any bankruptcy proceedings of the camping resort operator.
(iii) The agreement shall be binding upon the successors
in interest of both the camping resort operator and the holder
of the blanket encumbrance.
(iv) A holder of the blanket encumbrance who obtains
title or possession or who causes a change in title or possession in a campground by foreclosure or otherwise and who
does not continue to operate the campground upon conditions
no less favorable to members than existed prior to the change
of title or possession shall either:
(A) Offer the title or possession to an association of
members to operate the campground; or
(B) Obtain a commitment from another entity which
obtains title or possession to undertake the responsibility of
operating the campground.
(b) The camping resort operator posts a bond or irrevocable letter of credit with the director in a form satisfactory to
the director in the amount of the aggregate principal indebtedness remaining due under the blanket encumbrance.
(c) The camping resort operator delivers an encumbrance trust agreement in a form satisfactory to the director,
as provided in subsection (2) of this section.
(d) The camping resort operator delivers other financial
assurances reasonably acceptable to the director.
(2) With respect to any campground located within the
state other than a campground described in subsection (1) of
this section, the camping resort operator shall not represent
the campground to be available to purchasers of camping
resort contracts after June 20, 1988, until one of the following
19.105.336
(2004 Ed.)
Camping Resorts
events has occurred with regard to each blanket encumbrance:
(a) The camping resort operator obtains and records a
nondisturbance agreement to run with the land pursuant to
subsection (1) of this section from each holder of the blanket
encumbrance.
(b) The camping resort operator posts a surety bond or
irrevocable letter of credit with the director in a form satisfactory to the director in the amount of the aggregate principal
indebtedness remaining due under the blanket encumbrance.
(c) The camping resort operator delivers to the director,
in a form satisfactory to the director, an encumbrance trust
agreement among the camping resort operator, a trustee
(which can be either a corporate trustee licensed to act as a
trustee under Washington law, licensed escrow agent, or a
licensed attorney), and the director.
(d) The camping resort operator delivers evidence to the
director that any financial institution that has made a hypothecation loan to the camping resort operator (the "hypothecation lender") shall have a lien on, or security interest in, the
camping resort operator's interest in the campground, and the
hypothecation lender shall have executed and recorded a nondisturbance agreement in the real estate records of the county
in which the campground is located. Each person holding an
interest in a blanket encumbrance superior to the interest held
by the hypothecation lender shall have executed and recorded
an instrument stating that such person shall give the hypothecation lender notice of, and at least thirty days to cure, any
default under the blanket encumbrance before the person
commences any foreclosure action affecting the campground.
For the purposes of this subsection, a hypothecation loan to a
camping resort operator is a loan or line of credit secured by
the camping resort contracts receivable arising from the sale
of camping resort contracts by the camping resort operator,
which exceeds in the aggregate all outstanding indebtedness
secured by blanket encumbrances superior to the interest held
by the hypothecation lender.
(e) The camping resort operator delivers other financial
assurances reasonably acceptable to the director.
(3) Any camping resort operator which does not comply
at all times with subsection (1) or (2) of this section with
regard to any blanket encumbrance in connection with any
applicable campground is prohibited from offering any
camping resort contracts for sale in Washington during the
period of noncompliance. [1988 c 159 § 7.]
Effective date—1988 c 159: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and, with the exception of
section 7 of this act, shall take effect immediately [March 20, 1988]. Section
7 of this act shall take effect ninety days thereafter [June 20, 1988]." [1988
c 159 § 29.]
19.105.340
19.105.340 Impounding proceeds from contract
sales—Conditional release of impounded funds—Funds
not subject to lien—No assignment of impounded or
reserved assets. (1) If the director finds that the applicant or
registrant has not by other means assured future availability
to and quiet enjoyment of the campgrounds and facilities, as
required under this chapter, the director may, notwithstanding the provisions of RCW 19.105.336, require impoundment
of the funds or membership receivables, or both, from camp(2004 Ed.)
19.105.350
ing resort contract sales, including the impoundment of periodic dues or assessments required of purchasers under the
contracts, or provide other assurances acceptable to the director, until sufficient funds have been impounded or arrangements made to alleviate the inadequacy. The director may,
upon finding it reasonable and necessary, for compliance
with RCW 19.105.336 and 19.105.365, and not inconsistent
with the protection of purchasers or owners of camping resort
contracts, provide for release to the applicant, registrant, or
others of all or a portion of the impounded funds, membership receivables, or other assets in the impound. The director
may take appropriate measures to assure that the impounded
funds will be applied as required by this chapter.
(2) Funds placed in impounds under this section or
reserve accounts under RCW 19.105.350 are not subject to
lien, attachment, or the possession of lenders or creditors of
the operator, trustees in bankruptcy, receivers, or other third
parties. In instances of bankruptcy, foreclosure, attachment,
or other contingency where the ownership or beneficiary status of funds in depositories, or the receivables and funds to be
collected from receivables, may be at issue, the purchasers of
contracts under this chapter, as a class, shall be deemed the
beneficiary. No individual purchaser or group of purchasers,
other than the purchasers as a class, have any right to possession, attachment, lien, or right of partition of funds or receivables in the impound or reserve.
(3) It is unlawful for an operator or other person to
assign, hypothecate, sell, or pledge any contract or other asset
placed into an impound or reserve under this chapter without
the express written approval of the director or a court of competent jurisdiction. [1988 c 159 § 8; 1982 c 69 § 5.]
19.105.345
19.105.345 Persons licensed under chapter 18.85
RCW exempt from salesperson registration requirements. Persons licensed under chapter 18.85 RCW are
exempt from the camping resort salesperson registration
requirements of this chapter for camping resort contracts
offered through the licensed brokerage. [1988 c 159 § 9.]
19.105.350
19.105.350 Director may require reserve fund by
order— Actions against a registration. (1) If the purchaser
will own or acquire title to specified real property or
improvements to be acquired by the camping resort, the
director may by order require to the extent necessary to protect the interests of the purchasers or owners of camping
resort contracts, that an appropriate portion of the proceeds
paid under those camping resort contracts be placed in a separate reserve fund to be set aside and applied toward the purchase price of the real property, improvements, or facilities.
(2) The director may take any of the actions authorized
in RCW 18.235.110 against a registration in which the registrant is advertising or offering annual or periodic dues or
assessments by members that the director finds would result
in the registrant's future inability to fund operating costs.
[2002 c 86 § 272; 1988 c 159 § 10; 1982 c 69 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
[Title 19 RCW—page 159]
19.105.360
Title 19 RCW: Business Regulations—Miscellaneous
19.105.360 Filing of sales literature, contract form,
disclosure supplements. The camping resort operator or
other registrant of offerings of camping resort contracts shall
file with the director at least five business days prior to the
first use thereof in the state of Washington (1) the proposed
text of all advertisements and sales promotion literature, (2)
its proposed form of camping resort contract, and (3) the text
of any supplements or amendments to the written disclosures
required to be furnished prospective purchasers under RCW
19.105.370: PROVIDED, That if the text in lieu of definitive
copies of any materials are filed, definitive copies shall be
filed with the director within five business days following the
date of first use of the materials. [1988 c 159 § 11; 1982 c 69
§ 7.]
19.105.360
19.105.365 Advertising promises of free gifts,
awards, or prizes—Provision of gift or substitute—Security arrangements after violation—Advance fees placed
in trust—Membership referral programs considered promotional programs. (1) It is unlawful for a camping resort
operator or other person, in connection with an advertisement
or offer for sale of a camping resort contract in this state, to
promise or offer a free gift, award, prize, or other item of
value if the operator or person knows or has reason to know
that the offered item is unavailable in a sufficient quantity
based upon the reasonably anticipated response to the advertisement or offer.
(2) A person who responds to an advertisement or offer
in the manner specified, who performs all stated requirements, and who meets the qualifications disclosed shall
receive the offered item subject to chapter 19.170 RCW.
(3) The director may, upon making a determination that
a violation of subsection (1) or (2) of this section has
occurred, require any person, including an operator or other
registrant found in violation, who continues, or proposes to
continue, offering a free gift, award, prize, or other item of
value in this state for purposes of advertising a camping
resort or inducing persons to purchase a camping resort contract, to provide evidence of the ability to deliver on promised
gifts, prizes, or awards by means such as bonds, irrevocable
letters of credit, cash deposits, or other security arrangements
acceptable to the director.
(4) The director may require that any fees or funds of any
description collected in advance from persons for purposes of
obtaining promised gifts, awards, prizes, or other items of
value, be placed in trust in a depository in this state until after
delivery of the promised gift, prize, award, or other item of
value.
(5) Operators or other registrants or persons promising
gifts, prizes, awards, or other items of consideration as part of
a membership referral program shall be considered to be
offering or selling promotional programs.
(6) Chapter 19.170 RCW applies to free gifts, awards, or
prizes regulated under this chapter. [1991 c 227 § 9; 1988 c
159 § 12.]
19.105.365
Severability—1991 c 227: See RCW 19.170.900.
19.105.370 Purchaser to receive written disclosures
from operator or department—Exemptions. Except in a
transaction exempt under RCW 19.105.325, any operator
who offers or sells camping resort contracts in this state shall
19.105.370
[Title 19 RCW—page 160]
provide the prospective purchaser with the written disclosures required to be filed under RCW 19.105.320(1)(b) in a
form that is materially accurate and complete before the prospective purchaser signs a camping resort contract or gives
any item of value for the purchase of a camping resort contract. The department may provide its own disclosures, supplementing those of the operator, in any format it deems
appropriate. The department shall not be held liable for any
alleged failure to disclose information or for deficiencies in
the content of its disclosures when such disclosures are based
upon information provided by the operator or a registrant.
[1988 c 159 § 13; 1982 c 69 § 8.]
19.105.380
19.105.380 Unprofessional conduct/disciplinary
action—Grounds—Liability for administrative and legal
costs—Assurances of discontinuance—Support order,
noncompliance. (1) In addition to the unprofessional conduct in RCW 18.235.130, the director may take disciplinary
action for the following conduct, acts, or conditions:
(a) The applicant, registrant, or affiliate has failed to file
copies of the camping resort contract form under RCW
19.105.360;
(b) The applicant, registrant, or affiliate has failed to
comply with any provision of this chapter;
(c) The applicant's, registrant's, or affiliate's offering of
camping resort contracts has worked or would work a fraud
upon purchasers or owners of camping resort contracts;
(d) The camping resort operator or any officer, director,
or affiliate of the camping resort operator has been enjoined
from or had any civil penalty assessed for a finding of dishonest dealing or fraud in a civil suit, or been found to have
engaged in any violation of any act designed to protect consumers, or has been engaged in dishonest practices in any
industry involving sales to consumers;
(e) The applicant or registrant has represented or is representing to purchasers in connection with the offer or sale of
a camping resort contract that a camping resort property,
facility, amenity camp site, or other development is planned,
promised, or required, and the applicant or registrant has not
provided the director with a security or assurance of performance as required by this chapter;
(f) The applicant or registrant has not provided or is no
longer providing the director with the necessary security
arrangements to ensure future availability of titles or properties as required by this chapter or agreed to in the permit to
market;
(g) The applicant or registrant is or has been employing
unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;
(h) The applicant or registrant has breached any escrow,
impound, reserve account, or trust arrangement or the conditions of an order or permit to market required by this chapter;
(i) The applicant or registrant has filed or caused to be
filed with the director any document or affidavit, or made any
statement during the course of a registration or exemption
procedure with the director, that is materially untrue or misleading;
(j) The applicant or registrant has engaged in a practice
of failing to provide the written disclosures to purchasers or
prospective purchasers as required under this chapter;
(2004 Ed.)
Camping Resorts
(k) The applicant, registrant, or any of its officers, directors, or employees, if the operator is other than a natural person, have willfully done, or permitted any of their salespersons or agents to do, any of the following:
(i) Engage in a pattern or practice of making untrue or
misleading statements of a material fact, or omitting to state a
material fact;
(ii) Employ any device, scheme, or artifice to defraud
purchasers or members;
(iii) Engage in a pattern or practice of failing to provide
the written disclosures to purchasers or prospective purchasers as required under this chapter;
(l) The applicant or registrant has failed to provide a
bond, letter of credit, or other arrangement to ensure delivery
of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a security
arrangement, or failed to maintain such a security arrangement in effect because of a resignation or loss of a trustee,
impound, or escrow agent;
(m) The applicant or registrant has engaged in a practice
of selling contracts using material amendments or codicils
that have not been filed or are the consequences of breaches
or alterations in previously filed contracts;
(n) The applicant or registrant has engaged in a practice
of selling or proposing to sell contracts in a ratio of contracts
to sites available in excess of that filed in the affidavit
required by this chapter;
(o) The camping resort operator has withdrawn, has the
right to withdraw, or is proposing to withdraw from use all or
any portion of any camping resort property devoted to the
camping resort program, unless:
(i) Adequate provision has been made to provide within
a reasonable time thereafter a substitute property in the same
general area that is at least as desirable for the purpose of
camping and outdoor recreation;
(ii) The property is withdrawn because, despite good
faith efforts by the camping resort operator, a nonaffiliate of
the camping resort has exercised a right of withdrawal from
use by the camping resort (such as withdrawal following
expiration of a lease of the property to the camping resort)
and the terms of the withdrawal right have been disclosed in
writing to all purchasers at or prior to the time of any sales of
camping resort contracts after the camping resort has represented to purchasers that the property is or will be available
for camping or recreation purposes;
(iii) The specific date upon which the withdrawal
becomes effective has been disclosed in writing to all purchasers and members prior to the time of any sales of camping resort contracts after the camping resort has represented
to purchasers that the property is or will be available for
camping or recreation purposes;
(iv) The rights of members and owners of the camping
resort contracts under the express terms of the camping resort
contract have expired, or have been specifically limited, upon
the lapse of a stated or determinable period of time, and the
director by order has found that the withdrawal is not otherwise inconsistent with the protection of purchasers or the
desire of the majority of the owners of camping resort contracts, as expressed in their previously obtained vote of
approval;
(2004 Ed.)
19.105.390
(p) The format, form, or content of the written disclosures provided therein is not complete, full, or materially
accurate, or statements made therein are materially false,
misleading, or deceptive;
(q) The applicant or registrant has failed to file an
amendment for a material change in the manner or at the time
required under this chapter or its implementing rules;
(r) The applicant or registrant has filed voluntarily or
been placed involuntarily into a federal bankruptcy or is proposing to do so; or
(s) A camping resort operator's rights or interest in a
campground has been terminated by foreclosure or the operations in a camping resort have been terminated in a manner
contrary to contract provisions.
(2) An operator, registrant, or applicant against whom
administrative or legal proceedings have been filed shall be
responsible for and shall reimburse the state, by payment into
the general fund, for all administrative and legal costs actually incurred by the department in issuing, processing, and
conducting any such administrative or legal proceeding
authorized under this chapter that results in a final legal or
administrative determination of any type or degree in favor of
the department.
(3) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and
desist order or conducting a hearing under this chapter. The
assurances shall consist of a statement of the law in question
and an agreement not to violate the stated provision. The
applicant or registrant shall not be required to admit to any
violation of the law, nor shall the assurance be construed as
such an admission. Violating or breaching an assurance under
this subsection is grounds for suspension or revocation of
registration or imposition of a fine.
(4) The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [2002 c 86 § 273; 1997 c 58 § 850; 1988 c 159 §
14; 1982 c 69 § 9.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.105.390
19.105.390 Resort contracts—Purchaser's cancellation—Notice—Statement of right to cancel. Any camping
resort contract may be canceled at the option of the purchaser, if the purchaser sends notice of the cancellation by
certified mail (return receipt requested) to the camping resort
operator at the address contained in the camping resort contract and if the notice is postmarked not later than midnight of
[Title 19 RCW—page 161]
19.105.400
Title 19 RCW: Business Regulations—Miscellaneous
the third business day following the day on which the contract is signed. In addition to this cancellation right, any purchaser who signs a camping resort contract of any description
required to be registered with the department without having
received the written disclosures required by this chapter has
cancellation rights until three business days following eventual receipt of the written disclosures. Purchasers shall
request cancellation of contracts by sending the notice of cancellation by certified mail (return receipt requested), postmarked not later than midnight of the third business day following the day on which the contract is signed or the day on
which the disclosures were actually received, whichever
event is later to the camping resort operator at the address
contained in the camping resort contract. In computing the
number of business days, the day on which the contract was
signed shall not be included as a "business day," nor shall
Saturday, Sunday, or legal holidays be included. Within three
business days following receipt of timely and proper notice
of cancellation from the purchaser, the camping resort operator shall provide evidence that the contract has been cancelled. Thereafter, any money or other consideration paid by
the purchaser shall be promptly refunded.
Every camping resort contract, other than those being
offered and registered as resales, shall include the following
statement in at least ten-point bold-face type immediately
prior to the space for the purchaser's signature:
"Purchaser's right to cancel: You may cancel this contract without any cancellation fee or other penalty, or stated
reason for doing so, by sending notice of cancellation by certified mail, return receipt requested, to . . . . . . (insert name
and address of camping resort operator). The notice must be
postmarked by midnight of the third business day following
the day on which the contract is signed. In computing the
three business days, the day on which the contract is signed
shall not be included as a "business day," nor shall Saturday,
Sunday, or legal holidays be included."
If the purchaser has not inspected a camping resort property or facility at which camping resort sites are located or
planned, the notice must contain the following additional language:
"If you sign this contract without having inspected a
property at which camping sites are located or planned, you
may cancel this contract by giving this notice within six (6)
business days following the day on which you signed the contract." [1988 c 159 § 15; 1982 c 69 § 10.]
19.105.400
19.105.400 Resort contracts—Voidable—Estoppel.
Any camping resort contract entered into in violation of this
chapter may be voided by the purchaser and the purchaser's
entire consideration recovered at the option of the purchaser,
but no suit under this section may be brought after two years
from the date the contract is signed. [1988 c 159 § 16; 1982
c 69 § 11.]
19.105.405
19.105.405 Purchaser lists—Authorized uses. (1) The
legislature recognizes the proprietary interest camping resort
operators have in purchaser lists. The legislature also recognizes that purchasers of camping resort contracts have a legitimate interest in being able to contact other resort purchasers
for the purpose of forming a members' association. In balanc[Title 19 RCW—page 162]
ing these competing interests, the legislature believes that
purchaser lists can be made available to camping resort purchasers with reasonable restrictions on the dissemination of
those lists.
(2) Upon request of a purchaser, the camping resort operator shall provide to the purchaser a list of the names,
addresses, and unit, site, or purchaser number of all purchasers. The camping resort operator may charge for the reasonable costs for preparing the list. The operator shall require the
purchaser to sign an affidavit agreeing not to use the list for
any commercial purpose.
(3) It is a violation of this chapter and chapter 19.86
RCW for any person to use a membership list for commercial
purposes unless authorized to do so by the operator.
(4) It is a violation of this chapter and chapter 19.86
RCW for a camping resort operator to fail to provide a list of
purchasers as provided in this section. [1988 c 159 § 17.]
19.105.411
19.105.411 Fees. Applicants or registrants under this
chapter shall pay fees determined by the director as provided
in RCW 43.24.086. The fees shall be prepaid and the director
may determine fees for the following activities or events:
(1) A fee for the initial application and an additional fee
for each camping resort contract registered;
(2) Renewals of camping resort registrations and an
additional fee for each additional camping resort contract
registered;
(3) An initial and annual fee for processing and administering any required impound, trust, reserve, or escrow
arrangement and security arrangements for such programs;
(4) The review and processing of advertising or promotional materials;
(5) Registration and renewal of registrations of salespersons;
(6) The transfer of a salesperson's permit from one operator to another;
(7) Administering examinations for salespersons;
(8) Amending the registration or the public offering
statement;
(9) Conducting site inspections;
(10) Granting exemptions under this chapter;
(11) Penalties for registrants in any situation where a
registrant has failed to file an amendment to the registration
or the public offering statement in a timely manner for material changes, as required in this chapter and its implementing
rules. [1988 c 159 § 18.]
19.105.420
19.105.420 Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits.
A registration of camping resort contracts shall be effective
for a period of one year and may, upon application, be
renewed for successive periods of one year each, unless the
director prescribes a shorter period for a permit or registration. A camping resort contract registration shall be amended
if there is to be an increase in inventory or consolidation to
the number of camping resort contracts registered, or in
instances in which new contract forms are to be offered. Consolidations, new contract forms, the adding of resorts to the
program, or amendments for material changes shall become
effective in the manner provided by RCW 19.105.330. The
(2004 Ed.)
Camping Resorts
written disclosures required to be furnished prospective purchasers under RCW 19.105.370 shall be supplemented by
amendment request in writing as necessary to keep the
required information reasonably current and reflective of
material changes. Amendments shall be filed with the director as provided in RCW 19.105.360. The foregoing notwithstanding, however, the camping resort operator or registrant
shall file an amendment to the registration disclosing any
event which will have a material effect on the conduct of the
operation of the camping resort, the financial condition of the
camping resort, or the future availability of the camping
resort properties to purchasers. The amendment shall be filed
within thirty days following the event. The amendment shall
be treated as an original application for registration, except
that until the director has acted upon the application for
amendment the applicant's registration shall continue to be
deemed effective for the purposes of RCW 19.105.310.
Any permit to sell camping resort memberships issued
prior to November 1, 1982, shall be deemed a camping resort
registration subject to the renewal provisions of this chapter
upon the anniversary date of the issuance of the original permit. [1988 c 159 § 19; 1982 c 69 § 13.]
19.105.430
19.105.430 Unlawful to act as salesperson without
registering—Exemptions. Unless the transaction is exempt
under RCW 19.105.325, it is unlawful for any person to act as
a camping resort salesperson in this state without first registering under this chapter as a salesperson or being licensed as
a salesperson under chapter 18.85 RCW or a broker licensed
under that chapter. [1988 159 § 20; 1982 c 69 § 14.]
19.105.440
19.105.440 Registration as salesperson—Application—Unprofessional conduct—Assurances of discontinuance—Renewal of registration—Support order, noncompliance. (1) A salesperson may apply for registration by
filing in a complete and readable form with the director an
application form provided by the director that includes the
following:
(a) A statement whether or not the applicant has been
found to have engaged in any violation of any act designed to
protect consumers and whether the applicant is qualified for
licensure under RCW 18.235.130;
(b) A statement fully describing the applicant's employment history for the past five years and whether or not any
termination of employment was the result of any theft, fraud,
or act of dishonesty;
(c) A consent to service comparable to that required of
operators under this chapter; and
(d) Required filing fees.
(2) In addition to the unprofessional conduct specified in
RCW 18.235.130, the director may take disciplinary action
against a camping resort salesperson's registration or application for registration under this chapter or the person's license
or application under chapter 18.85 RCW for any of the following conduct, acts, or conditions:
(a) Violating any of the provisions of this chapter or any
lawful rules adopted by the director pursuant thereto;
(b) Making, printing, publishing, distributing, or causing, authorizing, or knowingly permitting the making, printing, publication, or distribution of false statements, descrip(2004 Ed.)
19.105.440
tions, or promises of such character as to reasonably induce
any person to act thereon, if the statements, descriptions, or
promises purport to be made or to be performed by either the
applicant or registrant and the applicant or registrant then
knew or, by the exercise of reasonable care and inquiry, could
have known, of the falsity of the statements, descriptions, or
promises;
(c) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relies upon the work, representation, or conduct of
the applicant or registrant;
(d) Continuing to sell camping resort contracts in a manner whereby the interests of the public are endangered, if the
director has, by order in writing, stated objections thereto;
(e) Misrepresentation of membership in any state or
national association; or
(f) Discrimination against any person in hiring or in sales
activity on the basis of race, color, creed, or national origin,
or violating any state or federal antidiscrimination law.
(3) The director, subsequent to any complaint filed
against a salesperson or pursuant to an investigation to determine violations, may enter into stipulated assurances of discontinuances in lieu of issuing a statement of charges or a
cease and desist order or conducting a hearing. The assurance
shall consist of a statement of the law in question and an
agreement not to violate the stated provision. The salesperson
shall not be required to admit to any violation of the law, nor
shall the assurance be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action.
(4) The director may by rule require such further information or conditions for registration as a camping resort
salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies,
as the director deems necessary to protect the interests of purchasers.
(5) Registration as a camping resort salesperson shall be
effective for a period of one year unless the director specifies
otherwise or the salesperson transfers employment to a different registrant. Registration as a camping resort salesperson
shall be renewed annually, or at the time of transferring
employment, whichever occurs first, by the filing of a form
prescribed by the director for that purpose.
(6) It is unlawful for a registrant of camping resort contracts to employ or a person to act as a camping resort salesperson covered under this section unless the salesperson has
in effect with the department and displays a valid registration
in a conspicuous location at each of the sales offices at which
the salesperson is employed. It is the responsibility of both
the operator and the salesperson to notify the department
when and where a salesperson is employed, his or her responsibilities and duties, and when the salesperson's employment
or reported duties are changed or terminated.
(7) The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's
[Title 19 RCW—page 163]
19.105.450
Title 19 RCW: Business Regulations—Miscellaneous
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [2002 c 86 § 274; 1997 c 58 § 851; 1988 c 159 §
21; 1982 c 69 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.105.450
19.105.450 Investigations—Scope—Publishing information. The director may make such public or private investigations or may make such requests for information, within
or without this state, as the director deems necessary to determine whether any registration should be granted, denied, suspended, or revoked, or a fine imposed, or whether any person
has violated or is about to violate any of the provisions of this
chapter or any rule, order, or permit under this chapter, or to
aid in the enforcement of this chapter or in prescribing of
rules and forms under, and amendments to, this chapter and
may publish information concerning any violation of this
chapter or any rule or order under this chapter. [1988 c 159 §
22; 1982 c 69 § 16.]
19.105.470
19.105.470 Cease and desist orders—Utilizing temporary order, injunction, restraining order, or writ of
mandamus. (1) Whenever it appears to the director that any
person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter,
any withdrawal of a camping resort property in violation of
RCW 19.105.380(1)(o), or any rule, order, or permit issued
under this chapter, the director may in his or her discretion
issue an order directing the person to cease and desist from
continuing the act or practice. The procedures in RCW
18.235.150 apply to these cease and desist orders. However,
the director may issue a temporary order pending the hearing
which shall be effective immediately upon delivery to the
person affected and which shall remain in effect until ten
days after the hearing is held and which shall become final if
the person to whom notice is addressed does not request a
hearing.
(2) If it appears necessary in order to protect the interests
of members and purchasers, whether or not the director has
issued a cease and desist order, the attorney general in the
name of the state, the director, the proper prosecuting attorney, an affiliated members' common-interest association, or a
group of members as a class, may bring an action in any court
of competent jurisdiction to enjoin any such acts or practices
and to enforce compliance with this chapter or any rule,
order, or permit under this chapter. Upon a proper showing, a
permanent or temporary injunction, restraining order, or writ
of mandamus shall be granted and a receiver or conservator
may be appointed for the defendant, for the defendant's
assets, or to protect the interests or assets of a members' common-interest association or the members of a camping resort
as a class. The state, the director, a members' common-interest association, or members as a class shall not be required to
[Title 19 RCW—page 164]
post a bond in such proceedings. [2002 c 86 § 275; 2000 c
171 § 69; 1988 c 159 § 23; 1982 c 69 § 18.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.105.480
19.105.480 Violations—As gross misdemeanors—
Statute of limitations. (1) Any person who willfully fails to
register an offering of camping resort contracts under this
chapter is guilty of a gross misdemeanor.
(2) It is a gross misdemeanor for any person in connection with the offer or sale of any camping resort contracts
willfully and knowingly:
(a) To make any untrue or misleading statement of a
material fact, or to omit to state a material fact necessary in
order to make the statements made, in the light of the circumstances under which they are made, not misleading;
(b) To employ any device, scheme, or artifice to defraud;
(c) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person;
(d) To file, or cause to be filed, with the director any document which contains any untrue or misleading information;
(e) To breach any impound, escrow, trust, or other security arrangement provided for by this chapter;
(f) To cause the breaching of any trust, escrow, impound,
or other arrangement placed in a registration for compliance
with RCW 19.105.336; or
(g) To employ unlicensed salespersons or permit salespersons or employees to make misrepresentations or violate
this chapter.
(3) No indictment or information may be returned under
this chapter more than five years after the date of the event
alleged to have been a violation. [2003 c 53 § 152; 1988 c
159 § 24; 1982 c 69 § 19.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.105.490
19.105.490 Violations—Referral to attorney general
or prosecuting attorney. The director may refer such evidence as may be available concerning violations of this chapter or of any rule or order under this chapter to the attorney
general or the proper prosecuting attorney who may in his
discretion, with or without such a reference, institute the
appropriate civil or criminal proceedings under this chapter.
[1982 c 69 § 20.]
19.105.500
19.105.500 Violations—Application of consumer
protection act. For the purposes of application of the consumer protection act, chapter 19.86 RCW, any material violation of the provisions of this chapter shall be construed to
constitute an unfair or deceptive act or practice or unfair
method of competition in the conduct of trade or commerce.
[1982 c 69 § 21.]
19.105.510
19.105.510 Resort contracts—Nonapplicability of
certain laws—County and city powers. Camping resort
contracts registered under this chapter are exempt from the
provisions of chapters 21.20 and 58.19 RCW and any act in
this state regulating the offer and sale of land developments,
(2004 Ed.)
Uniform Trade Secrets Act
real estate cooperatives, or time shares. Nothing in this chapter prevents counties or cities from enacting ordinances or
resolutions setting platting or subdivision requirements
solely for camping resorts or for camping resorts as subdivisions or binding site plans if appropriate to chapter 58.17
RCW or local ordinances. [1988 c 159 § 25; 1982 c 69 § 22.]
19.108.010
19.105.920
19.105.920 Severability—1982 c 69. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1982 c 69 § 29.]
19.105.930
19.105.520
19.105.520 Unlawful to represent director's administrative approval as determination as to merits of resort—
Penalty. (1) Neither the fact that an application for registration nor the written disclosures required by this chapter have
been filed, nor the fact that a camping resort contract offering
has been effectively registered or exempted, constitutes a
finding by the director that the offering or any document filed
under this chapter is true, complete, and not misleading, nor
does the fact mean that the director has determined in any
way the merits or qualifications of or recommended or given
approval to any person, camping resort operator, or camping
resort contract transaction.
(2) It is a gross misdemeanor to make or cause to be
made to any prospective purchaser any representation inconsistent with this section. [2003 c 53 § 153; 1988 c 159 § 26;
1982 c 69 § 24.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.105.930 Effective date—1982 c 69. This act shall
take effect on November 1, 1982. [1982 c 69 § 32.]
Chapter 19.108
Chapter 19.108 RCW
UNIFORM TRADE SECRETS ACT
Sections
19.108.010
19.108.020
19.108.030
19.108.040
19.108.050
19.108.060
19.108.900
19.108.910
19.108.920
19.108.930
19.108.940
Definitions.
Remedies for misappropriation—Injunction, royalty.
Remedies for misappropriation—Damages.
Award of attorney's fees.
Court orders to preserve secrecy of alleged trade secrets.
Actions for misappropriation—Time limitation.
Effect of chapter on other law.
Construction of uniform act.
Short title.
Effective date—Application—1981 c 286.
Severability—1981 c 286.
Requiring assignment of employee's rights to inventions: RCW 49.44.140,
49.44.150.
19.108.010
19.105.530
19.105.530 Rules, forms, orders—Administration of
chapter. (1) The director may make, amend, and repeal
rules, forms, and orders when necessary to carry out the provisions of this chapter.
(2) The director may appoint those persons within the
department deemed necessary to administer this chapter. The
director may delegate to such persons any powers, subject to
the authority of the director, that may be necessary to carry
out this chapter, including the issuance and processing of
administrative proceedings and entering into stipulations
under RCW 19.105.380. [1988 c 159 § 27; 1982 c 69 § 25.]
19.105.540
19.105.540 Administrative procedure act application. Chapter 34.05 RCW shall apply to any administrative
procedures carried out by the director under this chapter
unless otherwise provided in this chapter. [1982 c 69 § 26.]
19.105.550
19.105.550 Administration. This chapter shall be
administered by the director of licensing. [1982 c 69 § 27.]
19.105.560
19.105.560 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 276.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.105.910
19.105.910 Construction—Chapter as cumulative
and nonexclusive. Except as specifically provided in RCW
19.105.510, the provisions of this chapter are cumulative and
nonexclusive and do not affect any other remedy available at
law. [1982 c 69 § 23.]
(2004 Ed.)
19.108.010 Definitions. Unless the context clearly
requires otherwise, the definitions set forth in this section
apply throughout this chapter.
(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means;
(2) "Misappropriation" means:
(a) Acquisition of a trade secret of another by a person
who knows or has reason to know that the trade secret was
acquired by improper means; or
(b) Disclosure or use of a trade secret of another without
express or implied consent by a person who:
(i) Used improper means to acquire knowledge of the
trade secret; or
(ii) At the time of disclosure or use, knew or had reason
to know that his or her knowledge of the trade secret was (A)
derived from or through a person who had utilized improper
means to acquire it, (B) acquired under circumstances giving
rise to a duty to maintain its secrecy or limit its use, or (C)
derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use; or
(iii) Before a material change of his or her position, knew
or had reason to know that it was a trade secret and that
knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture,
government, governmental subdivision or agency, or any
other legal or commercial entity.
(4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process that:
(a) Derives independent economic value, actual or
potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who
can obtain economic value from its disclosure or use; and
[Title 19 RCW—page 165]
19.108.020
Title 19 RCW: Business Regulations—Miscellaneous
(b) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy. [1981 c 286 § 1.]
(b) Criminal liability for misappropriation of a trade
secret. [1981 c 286 § 7.]
Theft of trade secrets: RCW 9A.56.010(6), 9A.56.020.
19.108.020
19.108.020 Remedies for misappropriation—Injunction, royalty. (1) Actual or threatened misappropriation may
be enjoined. Upon application to the court, an injunction shall
be terminated when the trade secret has ceased to exist, but
the injunction may be continued for an additional reasonable
period of time in order to eliminate commercial advantage
that otherwise would be derived from the misappropriation.
(2) If the court determines that it would be unreasonable
to prohibit future use, an injunction may condition future use
upon payment of a reasonable royalty for no longer than the
period of time the use could have been prohibited.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. [1981 c
286 § 2.]
19.108.910 Construction of uniform act. This chapter
shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of
this chapter among states enacting it. [1981 c 286 § 8.]
19.108.910
19.108.920
19.108.920 Short title. This chapter may be known and
cited as the uniform trade secrets act. [1981 c 286 § 9.]
19.108.930 Effective date—Application—1981 c 286.
This chapter takes effect on January 1, 1982, and does not
apply to misappropriation occurring prior to the effective
date. [1981 c 286 § 12.]
19.108.930
19.108.940
19.108.030
19.108.030 Remedies for misappropriation—Damages. (1) In addition to or in lieu of injunctive relief, a complainant may recover damages for the actual loss caused by
misappropriation. A complainant also may recover for the
unjust enrichment caused by misappropriation that is not
taken into account in computing damages for actual loss.
(2) If wilful and malicious misappropriation exists, the
court may award exemplary damages in an amount not
exceeding twice any award made under subsection (1). [1981
c 286 § 3.]
19.108.040
19.108.040 Award of attorney's fees. If a claim of
misappropriation is made in bad faith, a motion to terminate
an injunction is made or resisted in bad faith, or wilful and
malicious misappropriation exists, the court may award reasonable attorney's fees to the prevailing party. [1981 c 286 §
4.]
19.108.940 Severability—1981 c 286. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 286 § 10.]
Chapter 19.110 RCW
BUSINESS OPPORTUNITY FRAUD ACT
Chapter 19.110
Sections
19.110.010
19.110.020
19.110.030
19.110.040
19.110.050
19.110.060
19.110.070
19.110.075
19.110.080
19.108.050
19.108.050 Court orders to preserve secrecy of
alleged trade secrets. In an action under this chapter, a court
shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders
in connection with discovery proceedings, holding in-camera
hearings, sealing the records of the action, and ordering any
person involved in the litigation not to disclose an alleged
trade secret without prior court approval. [1981 c 286 § 5.]
19.108.060
19.108.060 Actions for misappropriation—Time limitation. An action for misappropriation must be brought
within three years after the misappropriation is discovered or
by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. [1981 c 286 § 6.]
19.108.900
19.108.900 Effect of chapter on other law. (1) This
chapter displaces conflicting tort, restitutionary, and other
law of this state pertaining to civil liability for misappropriation of a trade secret.
(2) This chapter does not affect:
(a) Contractual or other civil liability or relief that is not
based upon misappropriation of a trade secret; or
[Title 19 RCW—page 166]
19.110.090
19.110.100
19.110.110
19.110.120
19.110.130
19.110.140
19.110.150
19.110.160
19.110.170
19.110.180
19.110.190
19.110.900
19.110.910
19.110.920
19.110.930
Legislative declaration.
Definitions.
Sale or lease of business opportunity—Offer to sell or lease
business opportunity—Occurrence in Washington.
Application of chapter.
Persons proposing to sell or lease business opportunity—Registration required—Application—Renewal—Denial, suspension, or revocation of registration.
Registration fees.
Disclosure document required—Contents.
Business opportunity fraud—Penalties.
Disclosure document—Director authorized to accept alternative.
Persons proposing to sell or lease business opportunity—Service of process.
Seller to provide surety bond or trust account—Action by state
or injured person—Damages.
Business opportunity contract—Content—Cancellation
period.
Unlawful acts.
Liability of seller for violation of chapter—Remedies—Damages.
Director authorized to investigate violations—Authority to
subpoena witnesses or require production of documents.
Order to cease and desist—Hearing—Notice.
Actions by attorney general or prosecuting attorney to enjoin
violations—Injunction—Appointment of receiver or conservator—Civil penalties.
Violations constitute unfair practice.
Authority of director to issue rules, forms, orders, interpretive
opinions.
Appointment of administrator—Delegation of powers.
Chapter cumulative and nonexclusive.
Short title.
Severability—1981 c 155.
Effective date—1981 c 155.
Reviser's note: Powers, duties, and functions of the department of
licensing relating to business opportunities were transferred to the department of financial institutions by 1993 c 472, effective October 1, 1993. See
RCW 43.320.011.
19.110.010
19.110.010 Legislative declaration. The legislature
finds and declares that the widespread and unregulated sale of
(2004 Ed.)
Business Opportunity Fraud Act
business opportunities has become a common area of investment problems and deceptive practices in the state of Washington. As a result, the provisions of this chapter are necessary to counteract the potential negative impact of the sale of
business opportunities upon the economy of the state. [1981
c 155 § 1.]
19.110.020
19.110.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Business opportunity" means the sale or lease of any
product, equipment, supply, or service which is sold or leased
to enable the purchaser to start a business; and:
(a) The seller represents that the seller will provide locations or assist the purchaser in finding locations, on premises
neither owned nor leased by the purchaser or seller, for the
use or operation of vending machines, display racks, cases, or
similar devices or coin-operated amusement machines or
similar devices; or
(b) The seller represents that the seller will purchase any
product made, produced, fabricated, assembled, modified,
grown, or bred by the purchaser using, in whole or part, any
product, equipment, supply, or service sold or leased to the
purchaser by the seller; or
(c) The seller guarantees that the purchaser will earn an
income greater than or equal to the price paid for the business
opportunity; or
(d) The seller represents that if the purchaser pays a fee
exceeding three hundred dollars directly or indirectly for the
purpose of the seller providing a sales or marketing program,
the seller will provide such a program which will enable the
purchaser to derive income from the business opportunity
which exceeds the price paid for the business opportunity.
(2) "Person" includes an individual, corporation, partnership, joint venture, or any business entity.
(3) "Seller" means a person who sells or leases a business
opportunity.
(4) "Purchaser" means a person who buys or leases a
business opportunity.
(5) "Director" means the director of financial institutions.
(6) "Guarantee" means an undertaking by the seller to
refund all or a portion of the purchase price paid for the business opportunity. [1994 c 92 § 4; 1981 c 155 § 2.]
19.110.030
19.110.030 Sale or lease of business opportunity—
Offer to sell or lease business opportunity—Occurrence
in Washington. (1) An offer to sell or offer to lease a business opportunity occurs in Washington when:
(a) The offer is made in Washington; or
(b) The purchaser resides in Washington at the time of
the offer and the business opportunity is or will be located, in
whole or in part, in the state of Washington; or
(c) The offer originates from Washington; or
(d) The business opportunity is or will be, in whole or in
part, located in Washington.
(2) An offer does not occur in Washington if a seller
advertises only in a newspaper having more than two-thirds
of its circulation outside the state of Washington, or on a
(2004 Ed.)
19.110.050
radio or television program originating outside the state and
does not sell or lease business opportunities in Washington.
(3) A sale or lease of a business opportunity occurs in
Washington when:
(a) The sale or lease is made in Washington; or
(b) The purchaser resides in Washington at the time of
the sale or lease, and the business opportunity is or will be
located, in whole or in part, in Washington; or
(c) The business opportunity is or will be located in
Washington. [1981 c 155 § 3.]
19.110.040
19.110.040 Application of chapter. Nothing in this
chapter applies to:
(1) A radio station, television station, publisher, printer,
or distributor of a newspaper, magazine, billboard, or other
advertising medium which accepts advertising in good faith
without knowledge of its violation of any provision of this
chapter;
(2) A franchise subject to the provisions of chapter
19.100 RCW;
(3) A security subject to the provisions of chapter 21.20
RCW;
(4) A newspaper distribution system;
(5) The sale, lease, or transfer of a business opportunity
by a purchaser if the purchaser sells only one business opportunity in any twelve-month period;
(6) The not-for-profit sale of sales demonstration equipment, materials, or samples where the total cost does not
exceed five hundred dollars;
(7) A marketing program made in conjunction with
licensing of a registered trademark or service mark for which
no consideration is paid. Any consideration paid in conjunction with the purchase of goods at a bona fide wholesale price
does not constitute consideration under this subsection; or
(8) A transaction regulated pursuant to chapter 18.85
RCW. [1981 c 155 § 4.]
19.110.050
19.110.050 Persons proposing to sell or lease business
opportunity—Registration required—Application—
Renewal—Denial, suspension, or revocation of registration. (1) Any person who proposes to sell or lease a business
opportunity must register prior to advertising, soliciting, or
making any offer, sale, or lease in this state.
(2) Any person proposing to sell or lease a business
opportunity must apply for registration by filing with the
director:
(a) A copy of the disclosure document required by RCW
19.110.070;
(b) An irrevocable consent to service of process;
(c) The prescribed registration fee; and
(d) Copies of all advertisements intended to be used in
connection with the offer and sale of the business opportunity.
(3) If the application meets the requirements for registration, the director shall issue a registration number to the
applicant. The applicant must include the number in every
advertisement in this state.
(4) Registration is effective for one year. An applicant
must renew registration annually unless the director extends
[Title 19 RCW—page 167]
19.110.060
Title 19 RCW: Business Regulations—Miscellaneous
the duration of registration in order to stagger renewal periods. The renewal application must contain:
(a) Any new information necessary to comply with the
disclosure requirements of RCW 19.110.070;
(b) The prescribed renewal fee; and
(c) Copies of any and all advertisements intended to be
used in connection with the offer and sale of the business
opportunity.
(5) The applicant must amend the registration whenever
there is any material change in the required information.
(6) The applicant must file copies of all advertisements
offering business opportunities seven days before their
intended use.
(7) The director may issue an order denying, suspending,
or revoking any applicant's registration if the director finds
that the order is in the public interest and that:
(a) The registration application is incomplete or contains
any statement which is false or misleading with respect to any
material fact; or
(b) Any provision of this chapter or any rule or order
lawfully imposed under this chapter has been violated; or
(c) The business opportunity includes or would include
activities which are illegal; or
(d) The business opportunity has worked or tended to
work a fraud on purchasers or would so operate.
(8) The director shall promptly notify the applicant of
any order denying, suspending, or revoking registration. The
applicant may request a hearing within fifteen days of notification. If the applicant does not request a hearing, the order
remains in effect until the director modifies or vacates it. The
applicant shall be notified of the right to request a hearing
within fifteen days. [1981 c 155 § 5.]
19.110.060
19.110.060 Registration fees. The director shall charge
and collect the fees specified by this section. All fees are nonrefundable and shall be deposited in the state treasury.
(1) The registration fee is two hundred dollars.
(2) The renewal fee is one hundred twenty-five dollars.
(3) The amendment fee is thirty dollars. [1981 c 155 §
6.]
19.110.070
19.110.070 Disclosure document required—Contents. The seller shall provide the purchaser a written disclosure document at least forty-eight hours before the purchaser
signs a business opportunity contract. The cover sheet of the
disclosure document shall be entitled: "DISCLOSURES
REQUIRED BY THE STATE OF WASHINGTON." The
following statement shall appear under the title: "The state of
Washington has not reviewed and does not approve, recommend, endorse, or sponsor any business opportunity. The
information contained in this disclosure has not been verified
by the state. If you have any questions about this investment,
see an attorney before you sign a contract." The cover sheet
shall contain only the required title and statement, and both
shall be in at least ten point type. The disclosure document
shall include at least the following information:
(1) The official name, address, and principal place of
business of the seller and of any parent or affiliated company,
or any predecessors;
[Title 19 RCW—page 168]
(2) The names, addresses, and titles of the seller's officers, directors, trustees, general partners, general managers,
principal executives, and any other persons responsible for
the seller's business opportunity activities;
(3) A statement disclosing which, if any, of the persons
listed in subsections (1) or (2) of this section:
(a) Has, at any time during the previous ten years, been
convicted of a felony or pleaded nolo contendere to a felony
charge if the felony involved fraud (including violation of
any franchise or business opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion,
misappropriation of property, or restraint of trade;
(b) Has, at any time during the previous ten years, been
held liable in a civil action resulting in a final judgment or has
settled out of court any civil action or is a party to any civil
action involving allegations of fraud (including violation of
any franchise or business opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion,
misappropriation of property, or restraint of trade, or any
civil action which was brought by a present or former purchaser or purchasers and which involves or involved the business opportunity;
(c) Is subject to any currently effective state or federal
agency or court injunctive or restrictive order, or is a party to
a proceeding currently pending in which such order is sought,
relating to or affecting business opportunities activities or the
business opportunity seller-purchaser relationship, or involving fraud (including violation of any franchise or business
opportunity law or unfair or deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade.
The statement shall include the identity and location of
the court or agency, the date of conviction, judgment, or decision, the penalty imposed, the damages assessed, the terms of
settlement or the terms of the order, and the date, nature,
terms, and conditions of each such order or ruling;
(4) A statement disclosing which, if any, of the persons
listed in subsections (1) and (2) of this section has, at any
time during the previous ten years:
(a) Filed in bankruptcy; or
(b) Been adjudged bankrupt; or
(c) Been reorganized due to insolvency; or
(d) Been a principal, director, executive officer, or partner of any other person who has filed in bankruptcy, been
adjudged bankrupt, or been reorganized due to insolvency;
(5) A statement of when, where, and how long the seller
has:
(a) Offered, sold, or leased business opportunity plans;
and
(b) Offered, sold, or leased the specific business opportunity plan offered to the purchaser; and
(c) Operated a business of the type offered to the purchaser;
(6) A statement disclosing:
(a) The total number of business opportunities which the
seller has sold or leased; and
(b) The number of failures of business opportunities
which the seller has sold or leased;
(7) The terms and conditions of payment, including the
initial payment, downpayment, and any additional or recurring payments;
(2004 Ed.)
Business Opportunity Fraud Act
(8) A copy of any statement concerning estimated or projected sales or earnings, the data on which the estimations or
projections are based, and an explanation of the extent to
which the data relates to the actual operations of the business
opportunity offered to the purchaser;
(9) A copy of the bond or written notice of the depository, the name of the trustee, and account number of the trust
account, if the seller is required by RCW 19.110.100 to establish either a bond or trust account;
(10) A copy of the seller's current (not more than three
months old) financial statement and any amendments necessary to reflect material changes in the seller's financial condition;
(11) An unexecuted copy of any business opportunity
contract or agreement which the purchaser may be required to
sign;
(12) Any additional information which the director
requires by rule or order. [1981 c 155 § 7.]
19.110.075
19.110.075 Business opportunity fraud—Penalties.
(1) Any person who violates RCW 19.110.050 or 19.110.070
is guilty of a gross misdemeanor.
(2) Any person who knowingly violates RCW
19.110.050 or 19.110.070 is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(3) No indictment or information for a felony may be
returned under this chapter more than five years after the
alleged violation. [2003 c 53 § 156.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.110.080
19.110.080 Disclosure document—Director authorized to accept alternative. The director may, by rule or
order:
(1) Accept any disclosure document filed with agencies
of the United States or any other state; or
(2) Accept any disclosure document compiled in accordance with any rule or regulation of any agency of the United
States or any other state; or
(3) Waive disclosure of information which is inapplicable or unnecessary for protection of purchasers. [1981 c 155
§ 8.]
19.110.090
19.110.090 Persons proposing to sell or lease business
opportunity—Service of process. Every person who proposes to sell or lease a business opportunity in this state
through any person acting on an agency basis in the common
law sense shall file with the director, in such form as the
director by rule prescribes, an irrevocable consent appointing
the director or the director's successor in office to be the attorney of the applicant to receive service of any lawful process
in any noncriminal suit, action, or proceeding against the
applicant or the applicant's successor, executor, or administrator which arises under this chapter or any rule or order
hereunder after the consent has been filed, with the same
force and validity as if served personally on the person filing
the consent. A person who has filed a consent in connection
with a previous registration need not file another. Service
may be made by leaving a copy of the process in the office of
the director, but it is not effective unless (1) the plaintiff, who
(2004 Ed.)
19.110.110
may be the director in a suit, action, or proceeding instituted
by him or her, forthwith sends notice of the service and a
copy of the process by registered mail to the defendant or
respondent at the last address of the respondent or defendant
on file with the director, and (2) the plaintiff's affidavit of
compliance with this section is filed in the case on or before
the return day of the process, if any, or within such further
time as the court allows. [1981 c 155 § 9.]
19.110.100
19.110.100 Seller to provide surety bond or trust
account—Action by state or injured person—Damages.
(1) If the seller makes any guarantee described in RCW
19.110.020(1)(c), the seller shall have a surety bond issued
by a surety company authorized to do business in Washington or a trust account with a licensed and insured bank or savings institution located in the state of Washington. The
trustee shall be acceptable to the director. The bond or the
trust account shall be at least fifty thousand dollars. The
director may, by rule or order, establish procedures for the
initiation, operation, or termination of any bond or trust
account required under this section.
(2) The bond or trust account shall be in the name of the
state of Washington. It shall be for the benefit of the state and
any person injured by any violation of this chapter, or by the
seller's breach of any business opportunity contract or obligation arising from a business opportunity contract. The state
may bring an action against the bond or trust account to
recover penalties. The state or an injured person may bring an
action against the bond or trust account for damages to the
injured person. The liability of the surety or trustee shall be
only for actual damages and shall not exceed the amount of
the bond or trust account. [1981 c 155 § 10.]
19.110.110
19.110.110 Business opportunity contract—Content—Cancellation period. (1) Every business opportunity
contract shall be in writing and shall be dated and signed by
the purchaser.
(2) The seller shall provide the purchaser with a copy of
the completed contract at the time the purchaser signs the
contract.
(3) The seller may not receive any consideration before
the purchaser signs a business opportunity contract.
(4) The contract shall include the following notifications,
in ten point type, immediately above the space for the purchaser's signature:
(a) "Do not sign this contract if any of the spaces for
agreed terms are blank."
(b) "Do not sign this contract unless you received a written disclosure document from the seller at least forty-eight
hours before signing."
(c) "You are entitled to a copy of this contract at the time
you sign it."
(d) "You have seven days exclusive of Saturday, Sunday, and holidays to cancel this contract for any reason by
sending written notice to the seller by certified mail, return
receipt requested. Notice of cancellation should be mailed to:
[Title 19 RCW—page 169]
19.110.120
Title 19 RCW: Business Regulations—Miscellaneous
.............................................
(seller's name and business street address)
The notice must be postmarked before midnight of the seventh day exclusive of Saturday, Sunday, and holidays after
you sign the contract.
The seller shall return all deposits and payments within
ten days after receipt of your cancellation notice.
You must make available to the seller all equipment,
products, and supplies provided by the seller within ten days
after receipt of all refunded deposits and payments." [1981 c
155 § 11.]
19.110.120
19.110.120 Unlawful acts. (1) It is unlawful for any
person to:
(a) Make any untrue or misleading statement of a material fact or to omit to state a material fact in connection with
the offer, sale, or lease of any business opportunity in the
state; or
(b) Employ any device, scheme, or artifice to defraud; or
(c) Engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person; or
(d) Knowingly file or cause to be filed with the director
any document which contains any untrue or misleading information; or
(e) Knowingly violate any rule or order of the director.
(2) A violation of this section is a class B felony punishable according to chapter 9A.20 RCW. [2003 c 53 § 154;
1981 c 155 § 12.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.110.130
19.110.130 Liability of seller for violation of chapter—Remedies—Damages. Any seller who violates any
provision of this chapter is liable to the purchaser. The purchaser may sue for actual damages, or an injunction, or
rescission, or other relief.
In addition, the purchaser may sue for costs of suit,
including a reasonable attorney's fee. The court may increase
the amount of damages awarded up to three times the amount
of actual damages. [1981 c 155 § 13.]
19.110.140
19.110.140 Director authorized to investigate violations—Authority to subpoena witnesses or require production of documents. The director may make public or private investigations within or outside the state of Washington
to determine whether any person has violated or is about to
violate any provision of this chapter or any rule or order
issued under this chapter. The director, or any officer designated by the director, may administer oaths and affirmations,
subpoena witnesses and compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or
records which the director deems relevant to the inquiry.
If any person fails to comply with a lawful subpoena, or
refuses to testify under lawful interrogation, or refuses to produce documents and records, the director may apply to the
superior court of any county for relief. After satisfactory evidence of wilful disobedience, the court may compel obedience by proceedings for contempt. [1981 c 155 § 14.]
[Title 19 RCW—page 170]
19.110.150
19.110.150 Order to cease and desist—Hearing—
Notice. (1) The director may order any person to cease and
desist from an act or practice if it appears that the person is
violating or is about to violate any provision of this chapter or
any rule or order issued under this chapter.
(2) Reasonable notice of and opportunity for a hearing
shall be given. The director may issue a temporary order to
cease and desist pending the hearing. The temporary order
shall remain in effect until ten days after the hearing. If a person does not request a hearing within fifteen days of receiving an order to cease and desist, the order becomes final. Any
person who is named in the order to cease and desist shall be
notified of the right to request a hearing within fifteen days.
[1981 c 155 § 15.]
19.110.160
19.110.160 Actions by attorney general or prosecuting attorney to enjoin violations—Injunction—Appointment of receiver or conservator—Civil penalties. (1)(a)
The attorney general, in the name of the state or the director,
or the proper prosecuting attorney may bring an action to
enjoin any person from violating any provision of this chapter. Upon proper showing, the superior court shall grant a
permanent or temporary injunction, restraining order, or writ
of mandamus.
The court may make such additional orders or judgments
as may be necessary to restore to any person in interest and
money or property, real or personal, which may have been
acquired by means of an act prohibited or declared unlawful
by this chapter.
The prevailing party may recover costs of the action,
including a reasonable attorney's fee.
(b) The superior court issuing an injunction shall retain
jurisdiction. Any person who violates the terms of an injunction shall pay a civil penalty of not more than twenty-five
thousand dollars.
(2) The attorney general, in the name of the state or the
director, or the proper prosecuting attorney may apply to the
superior court to appoint a receiver or conservator for any
person, or the assets of any person, who is subject to a cease
and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.
(3) Any person who violates any provision of this chapter except as provided in subsection (1)(b) of this section, is
subject to a civil penalty not to exceed two thousand dollars
for each violation. Civil penalties authorized by this subsection may be imposed in any civil action brought by the attorney general or proper prosecuting attorney under this chapter
and shall be deposited in the state treasury. Any action for
recovery of such civil penalty shall be commenced within
five years.
(4) The director may refer evidence concerning violations of this chapter to the attorney general or proper prosecuting attorney. The prosecuting attorney, or the attorney
general pursuant to authority granted by RCW 10.01.190,
43.10.230, 43.10.232, and 43.10.234 may, with or without
such reference, institute appropriate criminal proceedings.
[2003 c 53 § 155; 1981 c 155 § 16.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
(2004 Ed.)
Motor Fuel Quality Act
19.110.170
19.110.170 Violations constitute unfair practice. Any
violation of this chapter is declared to be an unfair act or practice or unfair method of competition in the conduct of trade or
commerce for the purpose of application of the Consumer
Protection Act, chapter 19.86 RCW. [1981 c 155 § 20.]
19.112.030
chapter provides for the establishment of quality specifications for all liquid motor fuels, except aviation fuel, marine
fuel, and liquefied petroleum gases, and establishes a sampling, testing, and enforcement program. [1990 c 102 § 1.]
19.112.010
19.110.180
19.110.180 Authority of director to issue rules,
forms, orders, interpretive opinions. The director may
make, amend, and repeal rules, forms, and orders as necessary to carry out the provisions of this chapter. The director
may honor requests for interpretive opinions. [1981 c 155 §
17.]
19.110.190
19.110.190 Appointment of administrator—Delegation of powers. The director shall appoint a competent person to administer this chapter. The director shall delegate to
an administrator such powers, subject to the authority of the
director, as may be necessary to carry out the provisions of
this chapter. The administrator will hold office at the pleasure
of the director. [1981 c 155 § 18.]
19.110.900
19.110.900 Chapter cumulative and nonexclusive.
The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[1981 c 155 § 19.]
19.110.910
19.110.910 Short title. This chapter may be known and
cited as the Business Opportunity Fraud Act. [1981 c 155 §
22.]
19.110.920
19.110.920 Severability—1981 c 155. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1981 c 155 § 21.]
19.110.930
19.110.930 Effective date—1981 c 155. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1981.
[1981 c 155 § 25.]
Chapter 19.112
Chapter 19.112 RCW
MOTOR FUEL QUALITY ACT
Sections
19.112.005
19.112.010
19.112.020
19.112.030
19.112.040
19.112.050
19.112.060
19.112.070
19.112.080
19.112.090
19.112.100
19.112.900
19.112.901
19.112.902
19.112.005
Purpose.
Definitions.
Administration of chapter—Standards—Testing laboratory.
Director's authority.
Motor fuel registration.
Unlawful acts.
Penalties.
Injunctive relief.
Chapter in addition to chapter 19.94 RCW.
Air pollution reduction—Variances from ASTM.
Methyl tertiary-butyl ether.
Short title.
Severability—1990 c 102.
Effective date—1990 c 102.
19.112.005 Purpose. It is desired that there should be
uniformity among the requirements of the several states. This
(2004 Ed.)
19.112.010 Definitions. As used in this chapter:
(1) "Motor fuel" means any liquid product used for the
generation of power in an internal combustion engine used
for the propulsion of a motor vehicle upon the highways of
this state. Motor fuels containing ethanol may be marketed if
either (a) the base motor fuel meets the applicable standards
before the addition of the ethanol or (b) the resultant blend
meets the applicable standards after the addition of the ethanol.
(2) "Director" means the director of agriculture. [1991 c
145 § 1; 1990 c 102 § 2.]
19.112.020
19.112.020 Administration of chapter—Standards—
Testing laboratory. This chapter shall be administered by
the director or his or her authorized agent. For the purpose of
administering this chapter, the standards set forth in the
Annual Book of ASTM Standards and supplements thereto,
and revisions thereof, are adopted, together with applicable
federal environmental protection agency standards. If a conflict exists between federal environmental protection agency
standards, ASTM standards, or state standards, for purposes
of uniformity, federal environmental protection agency standards shall take precedence over ASTM standards. Any state
standards adopted must be consistent with federal environmental protection agency standards and ASTM standards not
in conflict with federal environmental protection agency
standards.
The director may establish a testing laboratory. The
director may also adopt rules on false and misleading advertising, labeling and posting of prices, and the standards for,
and identity of, motor fuels. [1990 c 102 § 3.]
19.112.030
19.112.030 Director's authority. The director may:
(1) Enforce and administer this chapter by inspections,
analyses, and other appropriate actions;
(2) Have access during normal business hours to all
places where motor fuels are marketed for the purpose of
examination, inspection, taking of samples, and investigation. If access is refused by the owner or agent or other persons leasing the same, the director or his or her agent may
obtain an administrative search warrant from a court of competent jurisdiction;
(3) Collect or cause to be collected, samples of motor
fuels marketed in this state, and cause such samples to be
tested or analyzed for compliance with this chapter;
(4) Issue a stop-sale order for any motor fuel found not to
be in compliance and rescind the stop-sale order if the motor
fuel is brought into compliance with this chapter;
(5) Refuse, revoke, or suspend the registration of a motor
fuel;
(6) Delegate to authorized agents any of the responsibilities for the proper administration of this chapter;
(7) Establish a motor fuel testing laboratory. [1990 c 102
§ 4.]
[Title 19 RCW—page 171]
19.112.040
Title 19 RCW: Business Regulations—Miscellaneous
19.112.040
19.112.040 Motor fuel registration. All motor fuel
shall be registered by the name, brand, or trademark under
which it will be sold at the terminal. Registration shall
include:
(1) The name and address of the person registering the
motor fuel;
(2) The antiknock index or cetane number, as appropriate, at which the motor fuel is to be marketed;
(3) A certification, declaration, or affidavit that each
individual grade or type of motor fuel shall conform to this
chapter. [1990 c 102 § 5.]
19.112.050
19.112.050 Unlawful acts. It is unlawful to:
(1) Market motor fuels in any manner that may deceive
or tend to deceive the purchaser as to the nature, price, quantity, and quality of a motor fuel;
(2) Fail to register a motor fuel;
(3) Submit incorrect, misleading, or false information
regarding the registration of a motor fuel;
(4) Hinder or obstruct the director, or his or her authorized agent, in the performance of his or her duties;
(5) Market a motor fuel that is contrary to this chapter.
[1990 c 102 § 6.]
19.112.060
19.112.060 Penalties. Any person who knowingly violates any provision of this chapter or rules adopted under it is
guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or
imprisonment for not more than one year, or both. The director shall assess a civil penalty ranging from one hundred dollars to ten thousand dollars per occurrence, giving due consideration to the appropriateness of the penalty with respect
to the gravity of the violation, and the history of previous violations. Civil penalties collected under this chapter shall be
deposited into the motor vehicle fund. [1990 c 102 § 7.]
line above six-tenths of one percent by volume. [2001 c 218
§ 1.]
19.112.900
19.112.900 Short title. RCW 19.112.005 through
19.112.080 shall constitute a new chapter in Title 19 RCW
and may be cited as the motor fuel quality act. [1990 c 102 §
11.]
19.112.901
19.112.901 Severability—1990 c 102. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 102 § 10.]
19.112.902
19.112.902 Effective date—1990 c 102. This act shall
take effect on July 1, 1990. [1990 c 102 § 12.]
Chapter 19.116 RCW
MOTOR VEHICLE SUBLEASING OR TRANSFER
Chapter 19.116
Sections
19.116.005
19.116.010
19.116.020
19.116.030
19.116.040
19.116.050
19.116.060
19.116.070
19.116.080
19.116.090
19.116.100
19.116.110
19.116.120
19.116.900
Finding.
Public interest—Finding.
Definitions.
Application of consumer protection act.
Violations of chapter.
Unlawful transfer of motor vehicle—Conditions.
Unlawful subleasing of motor vehicle—Conditions.
Nonparties assisting, causing, or arranging unlawful assignment or transfer.
Unlawful subleasing or transfer—Class C felony.
Violations—Criminal profiteering.
Persons who may bring action—Damages.
Transfer or assignment of interest by persons with motor vehicles under lease contract or security agreement not subject to
prosecution—Enforceability of contract or agreement not
affected.
Penalties in addition to other remedies or penalties.
Severability—1990 c 44.
19.112.070
19.112.070 Injunctive relief. The director may apply to
any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating any
provision of this chapter. [1990 c 102 § 8.]
19.112.080
19.112.080 Chapter in addition to chapter 19.94
RCW. This chapter is in addition to any requirements under
chapter 19.94 RCW. [1990 c 102 § 9.]
19.112.090
19.112.090 Air pollution reduction—Variances from
ASTM. The directors of the departments of ecology and
agriculture may grant a variance from ASTM motor fuel
specifications if necessary to produce lower emission motor
fuels. [1991 c 199 s 231.]
19.116.005
19.116.005 Finding. The legislature finds that the practices of unlawful subleasing or unlawful transfer of an ownership interest in motor vehicles have a substantial negative
impact on the state's financial institutions and other businesses engaged in the financing and leasing of motor vehicles. [1990 c 44 § 1.]
19.116.010
19.116.010 Public interest—Finding. The legislature
finds that the practice of unlawful subleasing or unlawful
transfer of an ownership interest in motor vehicles is a matter
vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. [1990
c 44 § 2.]
19.116.020
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
19.112.100
19.112.100 Methyl tertiary-butyl ether. Methyl tertiary-butyl ether may not be intentionally added to any gasoline, motor fuel, or clean fuel produced for sale or use in the
state of Washington after December 31, 2003, and in no event
may methyl tertiary-butyl ether be knowingly mixed in gaso[Title 19 RCW—page 172]
19.116.020 Definitions. The definitions set forth in this
section apply throughout this chapter, unless the context
requires otherwise:
(1) "Debtor" has the meaning set forth in *RCW 62A.9105(1)(d).
(2) "Motor vehicle" means a vehicle required to be registered under chapter 46.16 RCW.
(3) "Person" means an individual, company, firm, association, partnership, trust, corporation, or other legal entity.
(2004 Ed.)
Motor Vehicle Subleasing or Transfer
(4) "Security agreement" has the meaning set forth in
*RCW 62A.9-105(1)(l).
(5) "Security interest" has the meaning set forth in RCW
62A.1-201(37).
(6) "Secured party" has the meaning set forth in *RCW
62A.9-105(1)(m). [1990 c 44 § 3.]
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
19.116.030 Application of consumer protection act.
Unlawful subleasing or unlawful transfer of an ownership
interest in motor vehicles is not reasonable in relation to the
development and preservation of business. A violation of this
chapter is an unfair or deceptive act in trade or commerce for
the purpose of applying the consumer protection act, chapter
19.86 RCW. [2000 c 171 § 70; 1990 c 44 § 4.]
19.116.030
19.116.040 Violations of chapter. (1) It is a violation
of this chapter for a vehicle dealer, as defined in RCW
46.70.011(3), to engage in the unlawful transfer of an ownership interest in motor vehicles.
(2) It is a violation of this chapter for a person to engage
in the unlawful subleasing of motor vehicles. [1990 c 44 § 5.]
19.116.040
19.116.050 Unlawful transfer of motor vehicle—
Conditions. A dealer engages in an act of unlawful transfer
of ownership interest in motor vehicles when all of the following circumstances are met:
(1) The dealer does not pay off any balance due to the
secured party on a vehicle acquired by the dealer, no later
than the close of the second business day after the acquisition
date of the vehicle; and
(2) The dealer does not obtain a certificate of ownership
under RCW 46.70.124 for each used vehicle kept in his or her
possession unless that certificate is in the possession of the
person holding a security interest in the dealer's inventory;
and
(3) The dealer does not transfer the certificate of ownership after the transferee has taken possession of the motor
vehicle. [2000 c 171 § 71; 1990 c 44 § 6.]
19.116.110
(5) The person receives compensation or some other
consideration for the transfer or assignment described in subsection (3) of this section. [1990 c 44 § 7.]
19.116.070
19.116.070 Nonparties assisting, causing, or arranging unlawful assignment or transfer. (1) A person engages
in an act of unlawful subleasing of a motor vehicle when the
person is not a party to the lease contract or security agreement, and assists, causes, or arranges an actual or purported
assignment as described in RCW 19.116.060.
(2) A dealer engages in an act of unlawful transfer of an
ownership interest in a motor vehicle when the dealer is not a
party to the security agreement, and assists, causes, or
arranges an actual or purported transfer as described in RCW
19.116.050. [1990 c 44 § 8.]
19.116.080
19.116.080 Unlawful subleasing or transfer—Class C
felony. (1) Unlawful subleasing of a motor vehicle is a class
C felony punishable under chapter 9A.20 RCW.
(2) Unlawful transfer of an ownership interest in a motor
vehicle is a class C felony punishable under chapter 9A.20
RCW. [2003 c 53 § 157; 1990 c 44 § 9.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.116.050
19.116.060 Unlawful subleasing of motor vehicle—
Conditions. A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are
met:
(1) The motor vehicle is subject to a lease contract or
security agreement the terms of which prohibit the transfer or
assignment of any right or interest in the motor vehicle or
under the lease contract or security agreement; and
(2) The person is not a party to the lease contract or security agreement; and
(3) The person transfers or assigns or purports to transfer
or assign any right or interest in the motor vehicle or under
the lease contract or security agreement to any person who is
not a party to the lease contract or security agreement; and
(4) The person does not obtain, before the transfer or
assignment described in subsection (3) of this section, written
consent to the transfer or assignment from the motor vehicle
lessor in connection with a lease contract or from the secured
party in connection with a security agreement; and
19.116.060
(2004 Ed.)
19.116.090
19.116.090 Violations—Criminal profiteering. A
violation of this chapter constitutes an act of criminal profiteering, as defined in RCW 9A.82.010. [1990 c 44 § 10.]
19.116.100
19.116.100 Persons who may bring action—Damages. (1) Any one or more of the following persons who suffers damage proximately resulting from one or more acts of
unlawful motor vehicle subleasing or unlawful transfer of an
ownership interest in a motor vehicle may bring an action
against the person who has engaged in those acts:
(a) A secured party;
(b) A debtor;
(c) A lessor;
(d) A lessee;
(e) An actual or purported transferee or assignee;
(f) A guarantor of a lease or security agreement or a
guarantor of a purported transferee or assignee.
(2) In an action for unlawful subleasing or unlawful
transfer of an ownership interest in a motor vehicle the court
may award actual damages; equitable relief, including, but
not limited to an injunction and restitution of money and
property; reasonable attorneys' fees and costs; and any other
relief that the court deems proper. [1990 c 44 § 11.]
19.116.110
19.116.110 Transfer or assignment of interest by persons with motor vehicles under lease contract or security
agreement not subject to prosecution—Enforceability of
contract or agreement not affected. (1) The actual or purported transfer or assignment, or the assisting, causing, or
arranging of an actual or purported transfer or assignment, of
any right or interest in a motor vehicle or under a lease contract or security agreement, by an individual who is a party to
the lease contract or security agreement is not an act of
unlawful subleasing of or unlawful transfer of an ownership
interest in a motor vehicle and is not subject to prosecution.
[Title 19 RCW—page 173]
19.116.120
Title 19 RCW: Business Regulations—Miscellaneous
(2) This chapter does not affect the enforceability of any
provision of a lease contract or security agreement by a party
thereto. [1990 c 44 § 12.]
19.116.120
19.116.120 Penalties in addition to other remedies or
penalties. The penalties under this chapter are in addition to
any other remedies or penalties provided by law for the conduct proscribed by this chapter. [1990 c 44 § 13.]
In enacting these comprehensive measures, it is the
intent of the legislature to create the proper blend of private
and public remedies necessary to enforce this chapter, such
that a manufacturer will be sufficiently induced to take necessary steps to improve quality control at the time of production
or provide better warranty service for the new motor vehicles
that it sells in this state. [1987 c 344 § 1.]
19.118.010
19.116.900
19.116.900 Severability—1990 c 44. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 44 § 15.]
Chapter 19.118
Chapter 19.118 RCW
MOTOR VEHICLE WARRANTIES
Sections
19.118.005
19.118.010
19.118.021
19.118.031
19.118.041
19.118.061
19.118.070
19.118.080
19.118.090
19.118.095
19.118.100
19.118.110
19.118.120
19.118.130
19.118.140
19.118.150
19.118.160
19.118.170
19.118.900
19.118.902
19.118.903
19.118.904
Legislative intent.
Motor vehicle manufacturers—Express warranties—Service
and repair facilities.
Definitions.
Manufacturers and new motor vehicle dealers—Responsibilities to consumers—Extension of warranty period.
Replacement or repurchase of nonconforming new motor
vehicle—Reasonable number of attempts—Notice by consumer regarding motor home nonconformity—Liabilities
and rights of parties—Application of consumer protection
act.
Vehicle with nonconformities or out of service—Notification
of correction—Resale or transfer of title—Issuance of new
title—Disclosure to buyer—Intervening transferor.
Remedies.
New motor vehicle arbitration boards—Board proceedings—
Prerequisite to filing action in superior court.
Request for arbitration—Eligibility—Rejection—Manufacturer's response—Remedies—Defenses—Acceptance or
appeal.
Arbitration decision—Compliance—Accomplishment—Dispute—Failure—Fine—Costs—Attorneys' fees.
Trial de novo—Posting security—Recovery.
Arbitration fee—New motor vehicle arbitration account—
Report by attorney general.
Application of consumer protection act.
Waivers, limitations, disclaimers—Void.
Other rights and remedies not precluded.
Informal dispute resolution settlement procedure.
New motor vehicle arbitration boards—When established by
attorney general—Membership—Travel expenses and compensation.
History of vehicle—Availability to owner.
Effective dates—1987 c 344.
Severability—1987 c 344.
Severability—1989 c 347.
Effective date—1989 c 347.
19.118.005
19.118.005 Legislative intent. The legislature recognizes that a new motor vehicle is a major consumer purchase
and that a defective motor vehicle is likely to create hardship
for, or may cause injury to, the consumer. The legislature further recognizes that good cooperation and communication
between a manufacturer and a new motor vehicle dealer will
considerably increase the likelihood that a new motor vehicle
will be repaired within a reasonable number of attempts. It is
the intent of the legislature to ensure that the consumer is
made aware of his or her rights under this chapter and is not
refused information, documents, or service that would otherwise obstruct the exercise of his or her rights.
[Title 19 RCW—page 174]
19.118.010 Motor vehicle manufacturers—Express
warranties—Service and repair facilities. Every manufacturer of motor vehicles sold in this state and for which the
manufacturer has made an express warranty shall maintain in
this state sufficient service and repair facilities reasonably
close to all areas in which its motor vehicles are sold to carry
out the terms of the warranties or designate and authorize in
this state as service and repair facilities independent repair or
service facilities reasonably close to all areas in which its
motor vehicles are sold to carry out the terms of the warranties. As a means of complying with this section, a manufacturer may enter into warranty service contracts with independent service and repair facilities. [1983 c 240 § 1.]
19.118.021
19.118.021 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means new motor vehicle arbitration board.
(2) "Collateral charges" means any sales or lease related
charges including but not limited to sales tax, use tax, arbitration service fees, unused license fees, unused registration
fees, unused title fees, finance charges, prepayment penalties,
credit disability and credit life insurance costs not otherwise
refundable, any other insurance costs prorated for time out of
service, transportation charges, dealer preparation charges, or
any other charges for service contracts, undercoating, rustproofing, or factory or dealer installed options.
(3) "Condition" means a general problem that results
from a defect or malfunction of one or more parts, or their
improper installation by the manufacturer, its agents, or the
new motor vehicle dealer.
(4) "Consumer" means any person who has entered into
an agreement or contract for the transfer, lease, or purchase of
a new motor vehicle, other than for purposes of resale or sublease, during the duration of the warranty period defined
under this section.
(5) "Court" means the superior court in the county where
the consumer resides, except if the consumer does not reside
in this state, then the superior court in the county where an
arbitration hearing or determination was conducted or made
pursuant to this chapter.
(6) "Incidental costs" means any reasonable expenses
incurred by the consumer in connection with the repair of the
new motor vehicle, including any towing charges and the
costs of obtaining alternative transportation.
(7) "Manufacturer" means any person engaged in the
business of constructing or assembling new motor vehicles or
engaged in the business of importing new motor vehicles into
the United States for the purpose of selling or distributing
new motor vehicles to new motor vehicle dealers. "Manufacturer" does not include any person engaged in the business of
set-up of motorcycles as an agent of a new motor vehicle
(2004 Ed.)
Motor Vehicle Warranties
dealer if the person does not otherwise construct or assemble
motorcycles.
(8) "Motorcycle" means any motorcycle as defined in
RCW 46.04.330 which has an engine displacement of at least
seven hundred fifty cubic centimeters.
(9) "Motor home" means a vehicular unit designed to
provide temporary living quarters for recreational, camping,
or travel use, built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van that is
an integral part of the completed vehicle.
(10) "Motor home manufacturer" means the first stage
manufacturer, the component manufacturer, and the final
stage manufacturer.
(a) "First stage manufacturer" means a person who manufactures incomplete new motor vehicles such as chassis,
chassis cabs, or vans, that are directly warranted by the first
stage manufacturer to the consumer, and are completed by a
final stage manufacturer into a motor home.
(b) "Component manufacturer" means a person who
manufactures components used in the manufacture or assembly of a chassis, chassis cab, or van that is completed into a
motor home and whose components are directly warranted by
the component manufacturer to the consumer.
(c) "Final stage manufacturer" means a person who
assembles, installs, or permanently affixes a body, cab, or
equipment to an incomplete new motor vehicle such as a
chassis, chassis cab, or van provided by a first stage manufacturer, to complete the vehicle into a motor home.
(11) "New motor vehicle" means any new self-propelled
vehicle, including a new motorcycle, primarily designed for
the transportation of persons or property over the public highways that was originally purchased or leased at retail from a
new motor vehicle dealer or leasing company in this state,
and that was initially registered in this state or for which a
temporary motor vehicle license was issued pursuant to RCW
46.16.460, but does not include vehicles purchased or leased
by a business as part of a fleet of ten or more vehicles at one
time or under a single purchase or lease agreement. If the
motor vehicle is a motor home, this chapter shall apply to the
self-propelled vehicle and chassis, but does not include those
portions of the vehicle designated, used, or maintained primarily as a mobile dwelling, office, or commercial space.
The term "new motor vehicle" does not include trucks with
nineteen thousand pounds or more gross vehicle weight rating. The term "new motor vehicle" includes a demonstrator
or lease-purchase vehicle as long as a manufacturer's warranty was issued as a condition of sale.
(12) "New motor vehicle dealer" means a person who
holds a dealer agreement with a manufacturer for the sale of
new motor vehicles, who is engaged in the business of purchasing, selling, servicing, exchanging, or dealing in new
motor vehicles, and who is licensed or required to be licensed
as a vehicle dealer by the state of Washington.
(13) "Nonconformity" means a defect, serious safety
defect, or condition that substantially impairs the use, value,
or safety of a new motor vehicle, but does not include a defect
or condition that is the result of abuse, neglect, or unauthorized modification or alteration of the new motor vehicle.
(14) "Purchase price" means the cash price of the new
motor vehicle appearing in the sales agreement or contract.
(2004 Ed.)
19.118.021
(a) "Purchase price" in the instance of a lease means the
actual written capitalized cost disclosed to the consumer contained in the lease agreement. If there is no disclosed capitalized cost in the lease agreement the "purchase price" is the
manufacturer's suggested retail price including manufacturer
installed accessories or items of optional equipment displayed on the manufacturer label, required by 15 U.S.C. Sec.
1232.
(b) "Purchase price" in the instance of both a vehicle purchase or lease agreement includes any allowance for a tradein vehicle but does not include any manufacturer-to-consumer rebate appearing in the agreement or contract that the
consumer received or that was applied to reduce the purchase
or lease cost.
Where the consumer is a subsequent transferee and the
consumer selects repurchase of the motor vehicle, "purchase
price" means the consumer's subsequent purchase price.
Where the consumer is a subsequent transferee and the consumer selects replacement of the motor vehicle, "purchase
price" means the original purchase price.
(15) "Reasonable offset for use" means the definition
provided in RCW 19.118.041(1)(c) for a new motor vehicle
other than a new motorcycle. The reasonable offset for use
for a new motorcycle shall be computed by the number of
miles that the vehicle traveled before the manufacturer's
acceptance of the vehicle upon repurchase or replacement
multiplied by the purchase price, and divided by twenty-five
thousand.
(16) "Reasonable number of attempts" means the definition provided in RCW 19.118.041.
(17) "Replacement motor vehicle" means a new motor
vehicle that is identical or reasonably equivalent to the motor
vehicle to be replaced, as the motor vehicle to be replaced
existed at the time of original purchase or lease, including
any service contract, undercoating, rustproofing, and factory
or dealer installed options.
(18) "Serious safety defect" means a life-threatening
malfunction or nonconformity that impedes the consumer's
ability to control or operate the new motor vehicle for ordinary use or reasonable intended purposes or creates a risk of
fire or explosion.
(19) "Subsequent transferee" means a consumer who
acquires a motor vehicle, within the warranty period, as
defined in this section, with an applicable manufacturer's
written warranty and where the vehicle otherwise met the
definition of a new motor vehicle at the time of original retail
sale or lease.
(20) "Substantially impair" means to render the new
motor vehicle unreliable, or unsafe for ordinary use, or to
diminish the resale value of the new motor vehicle below the
average resale value for comparable motor vehicles.
(21) "Warranty" means any implied warranty, any written warranty of the manufacturer, or any affirmation of fact
or promise made by the manufacturer in connection with the
sale of a new motor vehicle that becomes part of the basis of
the bargain. The term "warranty" pertains to the obligations
of the manufacturer in relation to materials, workmanship,
and fitness of a new motor vehicle for ordinary use or reasonably intended purposes throughout the duration of the warranty period as defined under this section.
[Title 19 RCW—page 175]
19.118.031
Title 19 RCW: Business Regulations—Miscellaneous
(22) "Warranty period" means the period ending two
years after the date of the original delivery to the consumer of
a new motor vehicle, or the first twenty-four thousand miles
of operation, whichever occurs first. [1998 c 298 § 2; 1995 c
254 § 1; 1990 c 239 § 1; 1989 c 347 § 1; 1987 c 344 § 2.]
Severability—1998 c 298: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1998 c 298 § 7.]
Effective date—1995 c 254: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 5, 1995]." [1995 c 254 § 11.]
Severability—1995 c 254: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 254 § 12.]
19.118.031
19.118.031 Manufacturers and new motor vehicle
dealers—Responsibilities to consumers—Extension of
warranty period. (1) The manufacturer shall publish an
owner's manual and provide it to the new motor vehicle
dealer or leasing company. The owner's manual shall include
a list of the addresses and phone numbers for the manufacturer's customer assistance division, or zone or regional
offices. A manufacturer shall provide to the new motor vehicle dealer or leasing company all applicable manufacturer's
written warranties. The dealer or leasing company shall transfer to the consumer, at the time of original retail sale or lease,
the owner's manual and applicable written warranties as provided by a manufacturer.
(2) At the time of purchase, the new motor vehicle dealer
shall provide the consumer with a written statement that
explains the consumer's rights under this chapter. The written
statement shall be prepared and supplied by the attorney general and shall contain a toll-free number that the consumer
can contact for information regarding the procedures and
remedies under this chapter.
(3) For the purposes of this chapter, if a new motor vehicle does not conform to the warranty and the consumer
reports the nonconformity during the term of the warranty
period or the period of coverage of the applicable manufacturer's written warranty, whichever is less, to the manufacturer, its agent, or the new motor vehicle dealer who sold the
new motor vehicle, the manufacturer, its agent, or the new
motor vehicle dealer shall make repairs as are necessary to
conform the vehicle to the warranty, regardless of whether
such repairs are made after the expiration of the warranty
period. Any corrections or attempted repairs undertaken by a
new motor vehicle dealer under this chapter shall be treated
as warranty work and billed by the dealer to the manufacturer
in the same manner as other work under the manufacturer's
written warranty is billed. For purposes of this subsection, the
manufacturer's written warranty shall be at least one year
after the date of the original delivery to the consumer of the
vehicle or the first twelve thousand miles of operation,
whichever occurs first.
(4) Upon request from the consumer, the manufacturer
or new motor vehicle dealer shall provide a copy of any
report or computer reading compiled by the manufacturer's
field or zone representative regarding inspection, diagnosis,
or test-drive of the consumer's new motor vehicle, or shall
[Title 19 RCW—page 176]
provide a copy of any technical service bulletin issued by the
manufacturer regarding the year and model of the consumer's
new motor vehicle as it pertains to any material, feature, component, or the performance thereof.
(5) The new motor vehicle dealer shall provide to the
consumer each time the consumer's vehicle is returned from
being diagnosed or repaired under the warranty, a fully itemized, legible statement or repair order indicating any diagnosis made, and all work performed on the vehicle including but
not limited to, a general description of the problem reported
by the consumer or an identification of the defect or condition, parts and labor, the date and the odometer reading when
the vehicle was submitted for repair, and the date when the
vehicle was made available to the consumer.
(6) No manufacturer, its agent, or the new motor vehicle
dealer may refuse to diagnose or repair any nonconformity
covered by the warranty for the purpose of avoiding liability
under this chapter.
(7) For purposes of this chapter, consumers shall have
the rights and remedies, including a cause of action, against
manufacturers as provided in this chapter.
(8) The warranty period and thirty-day out-of-service
period, and sixty-day out-of-service period in the case of a
motor home, shall be extended by any time that repair services are not available to the consumer as a direct result of a
strike, war, invasion, fire, flood, or other natural disaster.
[1998 c 298 § 3; 1995 c 254 § 2; 1987 c 344 § 3.]
Severability—1998 c 298: See note following RCW 19.118.021.
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
19.118.041
19.118.041 Replacement or repurchase of nonconforming new motor vehicle—Reasonable number of
attempts—Notice by consumer regarding motor home
nonconformity—Liabilities and rights of parties—Application of consumer protection act. (1) If the manufacturer,
its agent, or the new motor vehicle dealer is unable to conform the new motor vehicle to the warranty by repairing or
correcting any nonconformity after a reasonable number of
attempts, the manufacturer, within forty calendar days of a
consumer's written request to the manufacturer's corporate,
dispute resolution, zone, or regional office address shall, at
the option of the consumer, replace or repurchase the new
motor vehicle.
(a) The replacement motor vehicle shall be identical or
reasonably equivalent to the motor vehicle to be replaced as
the motor vehicle to be replaced existed at the time of original
purchase or lease, including any service contract, undercoating, rustproofing, and factory or dealer installed options.
Where the manufacturer supplies a replacement motor vehicle, the manufacturer shall be responsible for sales tax,
license, registration fees, and refund of any incidental costs.
Compensation for a reasonable offset for use shall be paid by
the consumer to the manufacturer in the event that the consumer accepts a replacement motor vehicle.
(b) When repurchasing the new motor vehicle, the manufacturer shall refund to the consumer the purchase price, all
collateral charges, and incidental costs, less a reasonable offset for use. When repurchasing the new motor vehicle, in the
instance of a lease, the manufacturer shall refund to the consumer all payments made by the consumer under the lease
(2004 Ed.)
Motor Vehicle Warranties
including but not limited to all lease payments, trade-in value
or inception payment, security deposit, all collateral charges
and incidental costs less a reasonable offset for use. The manufacturer shall make such payment to the lessor and/or lienholder of record as necessary to obtain clear title to the motor
vehicle and upon the lessor's and/or lienholder's receipt of
that payment and payment by the consumer of any late payment charges, the consumer shall be relieved of any future
obligation to the lessor and/or lienholder.
(c) The reasonable offset for use shall be computed by
multiplying the number of miles that the vehicle traveled
directly attributable to use by the consumer times the purchase price, and dividing the product by one hundred twenty
thousand, except in the case of a motor home, in which event
it shall be divided by ninety thousand. However, the reasonable offset for use calculation total for a motor home is subject to modification by the board by decreasing or increasing
the offset total up to a maximum of one-third of the offset
total. The board may modify the offset total in those circumstances where the board determines that the wear and tear on
those portions of the motor home designated, used, or maintained primarily as a mobile dwelling, office, or commercial
space are significantly greater or significantly less than that
which could be reasonably expected based on the mileage
attributable to the consumer's use of the motor home. Where
the consumer is a second or subsequent purchaser, lessee, or
transferee of the motor vehicle and the consumer selects
repurchase of the motor vehicle, "the number of miles that the
vehicle traveled" shall be calculated from the date of purchase or lease by the consumer. Where the consumer is a second or subsequent purchaser, lessee, or transferee of the
motor vehicle and the consumer selects replacement of the
motor vehicle, "the number of miles that the vehicle traveled"
shall be calculated from the original purchase, lease, or inservice date.
(2) Reasonable number of attempts, except in the case of
a new motor vehicle that is a motor home acquired after June
30, 1998, shall be deemed to have been undertaken by the
manufacturer, its agent, or the new motor vehicle dealer to
conform the new motor vehicle to the warranty within the
warranty period, if: (a) The same serious safety defect has
been subject to diagnosis or repair two or more times, at least
one of which is during the period of coverage of the applicable manufacturer's written warranty, and the serious safety
defect continues to exist; (b) the same nonconformity has
been subject to diagnosis or repair four or more times, at least
one of which is during the period of coverage of the applicable manufacturer's written warranty, and the nonconformity
continues to exist; or (c) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for
a cumulative total of thirty calendar days, at least fifteen of
them during the period of the applicable manufacturer's written warranty. For purposes of this subsection, the manufacturer's written warranty shall be at least one year after the date
of the original delivery to the consumer of the vehicle or the
first twelve thousand miles of operation, whichever occurs
first.
(3)(a) In the case of a new motor vehicle that is a motor
home acquired after June 30, 1998, a reasonable number of
attempts shall be deemed to have been undertaken by the
motor home manufacturers, their respective agents, or their
(2004 Ed.)
19.118.041
respective new motor vehicle dealers to conform the new
motor vehicle to the warranty within the warranty period, if:
(i) The same serious safety defect has been subject to diagnosis or repair one or more times during the period of coverage
of the applicable motor home manufacturer's written warranty, plus a final attempt to repair the vehicle as provided for
in (b) of this subsection, and the serious safety defect continues to exist; (ii) the same nonconformity has been subject to
repair three or more times, at least one of which is during the
period of coverage of the applicable motor home manufacturer's written warranty, plus a final attempt to repair the
vehicle as provided for in (b) of this subsection, and the nonconformity continues to exist; or (iii) the vehicle is out of service by reason of diagnosis or repair of one or more nonconformities for a cumulative total of sixty calendar days aggregating all motor home manufacturer days out of service, and
the motor home manufacturers have had at least one opportunity to coordinate and complete an inspection and any repairs
of the vehicle's nonconformities after receipt of notification
from the consumer as provided for in (c) of this subsection.
For purposes of this subsection, each motor home manufacturer's written warranty must be at least one year after the
date of the original delivery to the consumer of the vehicle or
the first twelve thousand miles of operation, whichever
occurs first.
(b) In the case of a new motor vehicle that is a motor
home, after one attempt has been made to repair a serious
safety defect, or after three attempts have been made to repair
the same nonconformity, the consumer shall give written
notification of the need to repair the nonconformity to each of
the motor home manufacturers at their respective corporate,
zone, or regional office addresses to allow the motor home
manufacturers to coordinate and complete a final attempt to
cure the nonconformity. The motor home manufacturers each
have fifteen days, commencing upon receipt of the notification, to respond and inform the consumer of the location of
the facility where the vehicle will be repaired. If the vehicle
is unsafe to drive due to a serious safety defect, or to the
extent the repair facility is more than one hundred miles from
the motor home location, the motor home manufacturers are
responsible for the cost of transporting the vehicle to and
from the repair facility. The motor home manufacturers have
a cumulative total of thirty days, commencing upon delivery
of the vehicle to the designated repair facility by the consumer, to conform the vehicle to the applicable motor home
manufacturer's written warranty. This time period may be
extended if the consumer agrees in writing. If a motor home
manufacturer fails to respond to the consumer or perform the
repairs within the time period prescribed, that motor home
manufacturer is not entitled to a final attempt to cure the nonconformity.
(c) In the case of a new motor vehicle that is a motor
home, if the vehicle is out of service by reason of diagnosis or
repair of one or more nonconformities by the motor home
manufacturers, their respective agents, or their respective
new motor vehicle dealers for a cumulative total of thirty or
more days aggregating all motor home manufacturer days out
of service, the consumer shall so notify each motor home
manufacturer in writing at their respective corporate, zone, or
regional office addresses to allow the motor home manufacturers, their respective agents, or their respective new motor
[Title 19 RCW—page 177]
19.118.061
Title 19 RCW: Business Regulations—Miscellaneous
vehicle dealers an opportunity to coordinate and complete an
inspection and any repairs of the vehicle's nonconformities.
The motor home manufacturers have fifteen days, commencing upon receipt of the notification, to respond and inform the
consumer of the location of the facility where the vehicle will
be repaired. If the vehicle is unsafe to drive due to a serious
safety defect, or to the extent the repair facility is more than
one hundred miles from the motor home location, the motor
home manufacturers are responsible for the cost of transporting the vehicle to and from the repair facility. Once the buyer
delivers the vehicle to the designated repair facility, the
inspection and repairs must be completed by the motor home
manufacturers either (i) within ten days or (ii) before the
vehicle is out of service by reason of diagnosis or repair of
one or more nonconformities for sixty days, whichever time
period is longer. This time period may be extended if the consumer agrees in writing. If a motor home manufacturer fails
to respond to the consumer or perform the repairs within the
time period prescribed, that motor home manufacturer is not
entitled to at least one opportunity to inspect and repair the
vehicle's nonconformities after receipt of notification from
the buyer as provided for in this subsection (3)(c).
(4) No new motor vehicle dealer may be held liable by
the manufacturer for any collateral charges, incidental costs,
purchase price refunds, or vehicle replacements. Manufacturers shall not have a cause of action against dealers under this
chapter. Consumers shall not have a cause of action against
dealers under this chapter, but a violation of any responsibilities imposed upon dealers under this chapter is a per se violation of chapter 19.86 RCW. Consumers may pursue rights
and remedies against dealers under any other law, including
chapters 46.70 and 46.71 RCW. Manufacturers and consumers may not make dealers parties to arbitration board proceedings under this chapter. [1998 c 298 § 4; 1995 c 254 § 3;
1989 c 347 § 2; 1987 c 344 § 4.]
Severability—1998 c 298: See note following RCW 19.118.021.
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
19.118.061
19.118.061 Vehicle with nonconformities or out of
service—Notification of correction—Resale or transfer of
title—Issuance of new title—Disclosure to buyer—Intervening transferor. (1) A manufacturer shall be prohibited
from reselling any motor vehicle determined or adjudicated
as having a serious safety defect unless the serious safety
defect has been corrected and the manufacturer warrants
upon the first subsequent resale that the defect has been corrected.
(2) Before any sale or transfer of a vehicle that has been
replaced or repurchased by the manufacturer that was determined or adjudicated as having a nonconformity or to have
been out of service for thirty or more calendar days, or sixty
or more calendar days in the case of a motor home, under this
chapter, the manufacturer shall:
(a) Notify the attorney general and the department of
licensing, by certified mail or by personal service, upon
receipt of the motor vehicle;
(b) Attach a resale disclosure notice to the vehicle in a
manner and form to be specified by the attorney general.
Only the retail purchaser may remove the resale disclosure
[Title 19 RCW—page 178]
notice after execution of the disclosure form required under
subsection (3) of this section; and
(c) Notify the attorney general and the department of
licensing if the nonconformity in the motor vehicle is corrected.
(3) Upon the first subsequent resale, either at wholesale
or retail, or transfer of title of a motor vehicle and which was
previously returned after a final determination, adjudication,
or settlement under this chapter or under a similar statute of
any other state, the manufacturer, its agent, or the new motor
vehicle dealer who has actual knowledge of said final determination, adjudication or settlement, shall execute and
deliver to the buyer before sale an instrument in writing setting forth information identifying the nonconformity in a
manner to be specified by the attorney general, and the
department of licensing shall place on the certificate of title
information indicating the vehicle was returned under this
chapter.
(4) Upon receipt of the manufacturer's notification under
subsection (2) of this section that the nonconformity has been
corrected and upon the manufacturer's request and payment
of any fees, the department of licensing shall issue a new title
with information indicating the vehicle was returned under
this chapter and that the nonconformity has been corrected.
Upon the first subsequent resale, either at wholesale or retail,
or transfer of title of a motor vehicle, as provided under subsection (2)(c) of this section, the manufacturer shall warrant
upon the resale that the nonconformity has been corrected,
and the manufacturer, its agent, or the new motor vehicle
dealer who has actual knowledge of the corrected nonconformity, shall execute and deliver to the buyer before sale an
instrument in writing setting forth information identifying the
nonconformity and indicating that it has been corrected in a
manner to be specified by the attorney general.
(5) After repurchase or replacement and following a
manufacturer's receipt of a vehicle under this section and
prior to a vehicle's first subsequent retail transfer by resale or
lease, any intervening transferor of a vehicle subject to the
requirements of this section who has received the disclosure,
correction and warranty documents, as specified by the attorney general and required under this chapter, shall deliver the
documents with the vehicle to the next transferor, purchaser
or lessee to ensure proper and timely notice and disclosure.
Any intervening transferor who fails to comply with this subsection shall, at the option of the subsequent transferor or first
subsequent retail purchaser or lessee: (a) Indemnify any subsequent transferor or first subsequent retail purchaser for all
damages caused by such violation; or (b) repurchase the vehicle at the full purchase price including all fees, taxes and
costs incurred for goods and services which were included in
the subsequent transaction. [1998 c 298 § 5; 1995 c 254 § 4;
1989 c 347 § 3; 1987 c 344 § 5.]
Severability—1998 c 298: See note following RCW 19.118.021.
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
19.118.070
19.118.070 Remedies. The remedies provided under
this chapter are cumulative and are in addition to any other
remedies provided by law. [1983 c 240 § 7.]
(2004 Ed.)
Motor Vehicle Warranties
19.118.080
19.118.080 New motor vehicle arbitration boards—
Board proceedings—Prerequisite to filing action in superior court. (1) Except as provided in RCW 19.118.160, the
attorney general shall contract with one or more private entities to conduct arbitration proceedings in order to settle disputes between consumers and manufacturers as provided in
this chapter, and each private entity shall constitute a new
motor vehicle arbitration board for purposes of this chapter.
The entities shall not be affiliated with any manufacturer or
new motor vehicle dealer and shall have available the services of persons with automotive technical expertise to assist
in resolving disputes under this chapter. No private entity or
its officers or employees conducting board proceedings and
no arbitrator presiding at such proceedings shall be directly
involved in the manufacture, distribution, sale, or warranty
service of any motor vehicle. Payment to the entities for the
arbitration services shall be made from the new motor vehicle
arbitration account.
(2) The attorney general shall adopt rules for the uniform
conduct of the arbitrations by the boards whether conducted
by a private entity or by the attorney general pursuant to
RCW 19.118.160, which rules shall include but not be limited to the following procedures:
(a) At all arbitration proceedings, the parties are entitled
to present oral and written testimony, to present witnesses
and evidence relevant to the dispute, to cross-examine witnesses, and to be represented by counsel.
(b) A dealer, manufacturer, or other persons shall produce records and documents requested by a party which are
reasonably related to the dispute. If a dealer, manufacturer, or
other person refuses to comply with such a request, a party
may present a request to the board for the attorney general to
issue a subpoena on behalf of the board.
The subpoena shall be issued only for the production of
records and documents which the board has determined are
reasonably related to the dispute, including but not limited to
documents described in RCW 19.118.031 (4) or (5).
If a party fails to comply with the subpoena, the arbitrator may at the outset of the arbitration hearing impose any of
the following sanctions: (i) Find that the matters which were
the subject of the subpoena, or any other designated facts,
shall be taken to be established for purposes of the hearing in
accordance with the claim of the party which requested the
subpoena; (ii) refuse to allow the disobedient party to support
or oppose the designated claims or defenses, or prohibit that
party from introducing designated matters into evidence; (iii)
strike claims or defenses, or parts thereof; or (iv) render a
decision by default against the disobedient party.
If a nonparty fails to comply with a subpoena and upon
an arbitrator finding that without such compliance there is
insufficient evidence to render a decision in the dispute, the
attorney general shall enforce such subpoena in superior
court and the arbitrator shall continue the arbitration hearing
until such time as the nonparty complies with the subpoena or
the subpoena is quashed.
(c) A party may obtain written affidavits from employees
and agents of a dealer, a manufacturer or other party, or from
other potential witnesses, and may submit such affidavits for
consideration by the board.
(2004 Ed.)
19.118.080
(d) Records of the board proceedings shall be open to the
public. The hearings shall be open to the public to the extent
practicable.
(e) Where the board proceedings are conducted by one or
more private entities, a single arbitrator may be designated to
preside at such proceedings.
(3) A consumer shall exhaust the new motor vehicle
arbitration board remedy or informal dispute resolution settlement procedure under RCW 19.118.150 before filing any
superior court action.
(4) The attorney general shall maintain records of each
dispute submitted to the new motor vehicle arbitration board,
including an index of new motor vehicles by year, make, and
model.
(5) The attorney general shall compile aggregate annual
statistics for all disputes submitted to, and decided by, the
new motor vehicle arbitration board, as well as annual statistics for each manufacturer that include, but shall not be limited to, the number and percent of: (a) Replacement motor
vehicle requests; (b) purchase price refund requests; (c)
replacement motor vehicles obtained in prehearing settlements; (d) purchase price refunds obtained in prehearing settlements; (e) replacement motor vehicles awarded in arbitration; (f) purchase price refunds awarded in arbitration; (g)
board decisions neither complied with during the forty calendar day period nor petitioned for appeal within the thirty calendar day period; (h) board decisions appealed categorized
by consumer or manufacturer; (i) the nature of the court decisions and who the prevailing party was; (j) appeals that were
held by the court to be brought without good cause; and (k)
appeals that were held by the court to be brought solely for
the purpose of harassment. The statistical compilations shall
be public information.
(6) The attorney general shall adopt rules to implement
this chapter. Such rules shall include uniform standards by
which the boards shall make determinations under this chapter, including but not limited to rules which provide:
(a) A board shall find that a nonconformity exists if it
determines that the consumer's new motor vehicle has a
defect, serious safety defect, or condition that substantially
impairs the use, value, or safety of the vehicle.
(b) A board shall find that a reasonable number of
attempts to repair a nonconformity have been undertaken if:
(i) The same serious safety defect has been subject to diagnosis or repair two or more times, at least one of which is during
the period of coverage of the applicable manufacturer's written warranty, and the serious safety defect continues to exist;
(ii) the same nonconformity has been subject to diagnosis or
repair four or more times, at least one of which is during the
period of coverage of the applicable manufacturer's written
warranty, and the nonconformity continues to exist; or (iii)
the vehicle is out of service by reason of diagnosis or repair
of one or more nonconformities for a cumulative total of
thirty calendar days, at least fifteen of them during the period
of the applicable manufacturer's written warranty. For purposes of this subsection, the manufacturer's written warranty
shall be at least one year after the date of the original delivery
to the consumer of the vehicle or the first twelve thousand
miles of operation, whichever occurs first.
(c) A board shall find that a manufacturer has failed to
comply with RCW 19.118.041 if it finds that the manufac[Title 19 RCW—page 179]
19.118.090
Title 19 RCW: Business Regulations—Miscellaneous
turer, its agent, or the new motor vehicle dealer has failed to
correct a nonconformity after a reasonable number of
attempts and the manufacturer has failed, within forty days of
the consumer's written request, to repurchase the vehicle or
replace the vehicle with a vehicle identical or reasonably
equivalent to the vehicle being replaced.
(7) The attorney general shall provide consumers with
information regarding the procedures and remedies under this
chapter. [1998 c 245 § 7; 1995 c 254 § 5; 1989 c 347 § 4;
1987 c 344 § 6.]
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
19.118.090
19.118.090 Request for arbitration—Eligibility—
Rejection—Manufacturer's response—Remedies—
Defenses—Acceptance or appeal. (1) A consumer may
request arbitration under this chapter by submitting the
request to the attorney general. Within ten days after receipt
of an arbitration request, the attorney general shall make a
reasonable determination of the cause of the request for arbitration and provide necessary information to the consumer
regarding the consumer's rights and remedies under this
chapter. The attorney general shall assign the dispute to a
board, except that if it clearly appears from the materials submitted by the consumer that the dispute is not eligible for
arbitration, the attorney general may refuse to assign the dispute and shall explain any required procedures to the consumer.
(2) Manufacturers shall submit to arbitration if such arbitration is requested by the consumer within thirty months
from the date of the original delivery of the new motor vehicle to a consumer at retail and if the consumer's dispute is
deemed eligible for arbitration by the board. In the case of a
motor home, the thirty-month period will be extended by the
amount of time it takes the motor home manufacturers to
complete the final repair attempt at the designated repair
facility as provided for in RCW 19.118.041(3)(b).
(3) The new motor vehicle arbitration board may reject
for arbitration any dispute that it determines to be frivolous,
fraudulent, filed in bad faith, res judicata or beyond its
authority. Any dispute deemed by the board to be ineligible
for arbitration due to insufficient evidence may be reconsidered by the board upon the submission of other information
or documents regarding the dispute that would allegedly
qualify for relief under this chapter. Following a second
review, the board may reject the dispute for arbitration if evidence is still clearly insufficient to qualify the dispute for
relief under this chapter. A rejection by the board is subject to
review by the attorney general or may be appealed under
RCW 19.118.100.
A decision to reject any dispute for arbitration shall be
sent by certified mail to the consumer and the manufacturer,
and shall contain a brief explanation as to the reason therefor.
(4) The manufacturer shall complete a written manufacturer response to the consumer's request for arbitration. The
manufacturer shall provide a response to the consumer and
the board within ten calendar days from the date of the manufacturer's receipt of the board's notice of acceptance of a dispute for arbitration. The manufacturer response shall include
all issues and affirmative defenses related to the nonconfor[Title 19 RCW—page 180]
mities identified in the consumer's request for arbitration that
the manufacturer intends to raise at the arbitration hearing.
(5) The arbitration board shall award the remedies under
RCW 19.118.041 if it finds a nonconformity and that a reasonable number of attempts have been undertaken to correct
the nonconformity. The board shall award reasonable costs
and attorneys' fees incurred by the consumer where the manufacturer has been directly represented by counsel: (a) In
dealings with the consumer in response to a request to repurchase or replace under RCW 19.118.041; (b) in settlement
negotiations; (c) in preparation of the manufacturer's statement; or (d) at an arbitration board hearing or other board
proceeding.
In the case of an arbitration involving a motor home, the
board may allocate liability among the motor home manufacturers.
(6) It is an affirmative defense to any claim under this
chapter that: (a) The alleged nonconformity does not substantially impair the use, value, or safety of the new motor
vehicle; or (b) the alleged nonconformity is the result of
abuse, neglect, or unauthorized modifications or alterations
of the new motor vehicle.
(7) The board shall have forty-five calendar days from
the date the board receives the consumer's request for arbitration to hear the dispute. If the board determines that additional information is necessary, the board may continue the
arbitration proceeding on a subsequent date within ten calendar days of the initial hearing. The board shall decide the dispute within sixty calendar days from the date the board
receives the consumer's request for arbitration.
The decision of the board shall be delivered by certified
mail or personal service to the consumer and the manufacturer, and shall contain a written finding of whether the new
motor vehicle meets the standards set forth under this chapter.
(8) The consumer may accept the arbitration board decision or appeal to superior court, pursuant to RCW
19.118.100. Upon acceptance by the consumer, the arbitration board decision shall become final. The consumer shall
send written notification of acceptance or rejection to the
arbitration board within sixty days of receiving the decision
and the arbitration board shall immediately deliver a copy of
the consumer's acceptance to the manufacturer by certified
mail, return receipt requested, or by personal service. Failure
of the consumer to respond to the arbitration board within
sixty calendar days of receiving the decision shall be considered a rejection of the decision by the consumer. The consumer shall have one hundred twenty calendar days from the
date of rejection to file a petition of appeal in superior court.
At the time the petition of appeal is filed, the consumer shall
deliver, by certified mail or personal service, a conformed
copy of such petition to the attorney general.
(9) Upon receipt of the consumer's acceptance, the manufacturer shall have forty calendar days to comply with the
arbitration board decision or thirty calendar days to file a
petition of appeal in superior court. At the time the petition of
appeal is filed, the manufacturer shall deliver, by certified
mail or personal service, a conformed copy of such petition to
the attorney general. If the attorney general receives no notice
of petition of appeal after forty calendar days, the attorney
general shall contact the consumer to verify compliance.
(2004 Ed.)
Motor Vehicle Warranties
[1998 c 298 § 6; 1995 c 254 § 6; 1989 c 347 § 5; 1987 c 344
§ 7.]
Severability—1998 c 298: See note following RCW 19.118.021.
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
19.118.095
19.118.095 Arbitration decision—Compliance—
Accomplishment—Dispute—Failure—Fine—Costs—
Attorneys' fees. (1) Compliance with an arbitration board
decision under this chapter must be accomplished at a time,
place, and in a manner to be determined by the mutual agreement of the consumer and manufacturer.
(a) The consumer shall make the motor vehicle available
to the manufacturer free of damage other than that related to
any nonconformity, defect, or condition to which a warranty
applied, or that can reasonably be expected in the use of the
vehicle for ordinary or reasonably intended purposes and in
consideration of the mileage attributable to the consumer's
use. Any insurance claims or settlement proceeds for repair
of damage to the vehicle due to fire, theft, vandalism, or collision must be assigned to the manufacturer or, at the consumer's option, the repair must be completed before return of
the vehicle to the manufacturer.
The consumer may not remove any equipment or option
that was included in the original purchase or lease of the vehicle or that is otherwise included in the repurchase or replacement award. In removing any equipment not included in the
original purchase or lease, the consumer shall exercise reasonable care to avoid further damage to the vehicle but is not
required to return the vehicle to original condition.
(b) At the time of compliance with an arbitration board
decision that awards repurchase, the manufacturer shall make
full payment to the consumers and either the lessor or lienholder, or both, or provide verification to the consumer of
prior payment to either the lessor or lienholder, or both.
At the time of compliance with an arbitration board decision that awards replacement, the manufacturer shall provide
the replacement vehicle together with any refund of incidental costs.
(c) At any time before compliance a party may request
the board to resolve disputes regarding compliance with the
arbitration board decision including but not limited to time
and place for compliance, condition of the vehicle to be
returned, clarification or recalculation of refund amounts
under the award, or a determination if an offered vehicle is
reasonably equivalent to the vehicle being replaced. In
resolving compliance disputes the board may not review,
alter, or otherwise change the findings of a decision or extend
the time for compliance beyond the time necessary for the
board to resolve the dispute.
(d) Failure of the consumer to make the vehicle available
within sixty calendar days in response to a manufacturer's
unconditional tender of compliance is considered a rejection
of the arbitration decision by the consumer, except as provided in (c) of this subsection or subsection (2) of this section.
(2) If, at the end of the forty calendar day period, neither
compliance with nor a petition to appeal the board's decision
has occurred, the attorney general may impose a fine of up to
one thousand dollars per day until compliance occurs or a
maximum penalty of one hundred thousand dollars accrues
(2004 Ed.)
19.118.110
unless the manufacturer can provide clear and convincing
evidence that any delay or failure was beyond its control or
was acceptable to the consumer as evidenced by a written
statement signed by the consumer. If the manufacturer fails to
provide the evidence or fails to pay the fine, the attorney general may initiate proceedings against the manufacturer for
failure to pay any fine that accrues until compliance with the
board's decision occurs or the maximum penalty of one hundred thousand dollars results. If the attorney general prevails
in an enforcement action regarding any fine imposed under
this subsection, the attorney general is entitled to reasonable
costs and attorneys' fees. Fines and recovered costs and fees
shall be returned to the new motor vehicle arbitration
account. [1995 c 254 § 8.]
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
19.118.100
19.118.100 Trial de novo—Posting security—Recovery. (1) The consumer or the manufacturer may request a
trial de novo of the arbitration decision, including a rejection,
in superior court.
(2) If the manufacturer appeals, the court may require the
manufacturer to post security for the consumer's financial
loss due to the passage of time for review.
(3) If the consumer prevails, recovery shall include the
monetary value of the award, attorneys' fees and costs
incurred in the superior court action, and, if the board
awarded the consumer replacement or repurchase of the vehicle and the manufacturer did not comply, continuing damages
in the amount of twenty-five dollars per day for all days
beyond the forty calendar day period following the manufacturer's receipt of the consumer's acceptance of the board's
decision in which the manufacturer did not provide the consumer with the free use of a comparable loaner replacement
motor vehicle. If it is determined by the court that the party
that appealed acted without good cause in bringing the appeal
or brought the appeal solely for the purpose of harassment,
the court may triple, but at least shall double, the amount of
the total award. [1989 c 347 § 6; 1987 c 344 § 8.]
19.118.110
19.118.110 Arbitration fee—New motor vehicle arbitration account—Report by attorney general. A threedollar arbitration fee shall be collected by either the new
motor vehicle dealer or vehicle lessor from the consumer
upon execution of a retail sale or lease agreement. The fee
shall be forwarded to the department of licensing at the time
of title application for deposit in the new motor vehicle arbitration account hereby created in the state treasury. Moneys
in the account shall be used for the purposes of this chapter,
subject to appropriation. During the 1995-97 fiscal biennium,
the legislature may transfer moneys from the account to the
extent that the moneys are not necessary for the purposes of
this chapter.
At the end of each fiscal year, the attorney general shall
prepare a report listing the annual revenue generated and the
expenses incurred in implementing and operating the arbitration program under this chapter. [1995 2nd sp.s. c 18 § 910;
1995 c 254 § 7; 1989 c 347 § 7; 1987 c 344 § 9.]
Severability—1995 2nd sp.s. c 18: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 19 RCW—page 181]
19.118.120
Title 19 RCW: Business Regulations—Miscellaneous
the act or the application of the provision to other persons or circumstances
is not affected." [1995 2nd sp.s. c 18 § 926.]
Effective date—1995 2nd sp.s. c 18: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions. Section 807 of this
act shall take effect immediately [June 16, 1995]. The remainder of the act
shall take effect July 1, 1995." [1995 2nd sp.s. c 18 § 927.]
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
19.118.120
19.118.120 Application of consumer protection act.
A violation of this chapter shall constitute an unfair or deceptive trade practice affecting the public interest under chapter
19.86 RCW. All public and private remedies provided under
that chapter shall be available to enforce this chapter. [1987
c 344 § 10.]
19.118.130
19.118.130 Waivers, limitations, disclaimers—Void.
Any agreement entered into by a consumer for the purchase
of a new motor vehicle that waives, limits, or disclaims the
rights set forth in RCW 19.118.021 through 19.118.140 shall
be void as contrary to public policy. Said rights shall extend
to a subsequent transferee of such new motor vehicle. [1987
c 344 § 11.]
19.118.140
19.118.140 Other rights and remedies not precluded.
Nothing in this chapter limits the consumer from pursuing
other rights or remedies under any other law. [1987 c 344 §
12.]
19.118.150
19.118.150 Informal dispute resolution settlement
procedure. If a manufacturer has established an informal
dispute resolution settlement procedure which substantially
complies with the applicable provision of Title 16, Code of
Federal Regulations Part 703, as from time to time amended,
a consumer may choose to first submit a dispute under this
chapter to the informal dispute resolution settlement procedure. [1989 c 347 § 8; 1987 c 344 § 14.]
19.118.160
19.118.160 New motor vehicle arbitration boards—
When established by attorney general—Membership—
Travel expenses and compensation. If the attorney general
is unable at any time to contract with private entities to conduct arbitrations under the procedures and standards in this
chapter, the attorney general shall establish one or more new
motor vehicle arbitration boards. Each such board shall consist of three members appointed by the attorney general, only
one of whom may be directly involved in the manufacture,
distribution, sale, or service of any motor vehicle. Board
members shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated pursuant to RCW 43.03.240. [1989 c 347 § 9; 1987
c 344 § 15.]
19.118.170
19.118.170 History of vehicle—Availability to owner.
Notwithstanding RCW 46.12.380, the department of licensing shall make available to the registered owner all title history information regarding the vehicle upon request of the
registered owner and receipt of a statement that he or she is
investigating or pursuing rights under this chapter. [1995 c
254 § 9.]
[Title 19 RCW—page 182]
Effective date—Severability—1995 c 254: See notes following RCW
19.118.021.
19.118.900 Effective dates—1987 c 344. (1) Section 9
of this act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state government and its existing public institutions, and shall take
effect June 1, 1987.
(2) Sections 2 through 8, 10 through 12, and 14 through
16 of this act shall take effect January 1, 1988, except that the
attorney general may take such actions as are necessary to
ensure the new motor vehicle arbitration boards are established and operational. [1987 c 344 § 22.]
19.118.900
19.118.902
19.118.902 Severability—1987 c 344. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 344 § 23.]
19.118.903 Severability—1989 c 347. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 347 § 10.]
19.118.903
19.118.904 Effective date—1989 c 347. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect June 1, 1989.
[1989 c 347 § 11.]
19.118.904
Chapter 19.120 RCW
GASOLINE DEALER BILL OF RIGHTS ACT
Chapter 19.120
Sections
19.120.010
19.120.020
19.120.030
19.120.040
19.120.050
19.120.060
19.120.070
19.120.080
19.120.090
19.120.100
19.120.110
19.120.120
19.120.130
19.120.900
19.120.901
19.120.902
19.120.903
19.120.904
19.120.905
Definitions.
Sale of franchise to third party.
Sale of franchise to corporation.
Franchise considered personal property—Designated successor in interest.
Purchase of real estate and improvements owned by refinersupplier—Retailer given right of first refusal—Notice to
retailer.
Refiner-suppliers—Prohibited conduct.
Offers, sales, or purchases of franchises—Unlawful acts.
Refiner-supplier and retailer relationship—Rights and prohibitions.
Action for damages, rescission, or other relief.
Limitation period tolled.
Civil actions by retailers—Attorneys' fees.
Civil actions by attorney general—Attorneys' fees—Criminal
actions not limited by chapter.
Exception or exemption—Burden of proof—Waiver of provisions of chapter void.
Short title.
Application of chapter.
Intent—Interpretation consistent with chapter 19.100 RCW.
Liberal construction.
Severability—1986 c 320.
Effective date—1986 c 320.
19.120.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Advertisement" means any written or printed communication or any communication by means of recorded tele19.120.010
(2004 Ed.)
Gasoline Dealer Bill of Rights Act
phone messages or spoken on radio, television, or similar
communication media published in connection with an offer
or sale of a franchise.
(2) "Affiliate" means any person, firm, or corporation
who controls or is controlled by any motor fuel refiner-supplier, and includes any subsidiary or affiliated corporation in
which the motor fuel refiner-supplier or its shareholders,
officers, agents, or employees hold or control more than
twenty-five percent of the voting shares.
(3) "Community interest" means a continuing financial
interest between the motor fuel refiner-supplier and motor
fuel retailer in the operation of the franchise business.
(4) "Motor fuel" means gasoline or diesel fuel of a type
distributed for use in self-propelled motor vehicles and
includes gasohol.
(5) "Motor fuel franchise" means any oral or written contract, either expressed or implied, between a motor fuel
refiner-supplier and motor fuel retailer under which the
motor fuel retailer is supplied motor fuel for resale to the public under a trademark owned or controlled by the motor fuel
refiner-supplier or for sale on commission or for a fee to the
public, or any agreements between a motor fuel refiner-supplier and motor fuel retailer under which the retailer is permitted to occupy premises owned, leased, or controlled by
the refiner-supplier for the purpose of engaging in the retail
sale of motor fuel under a trademark owned or controlled by
the motor fuel refiner-supplier supplied by the motor fuel
refiner-supplier.
(6) "Motor fuel refiner-supplier" means any person, firm,
or corporation, including any affiliate of the person, firm, or
corporation, engaged in the refining of crude oil into petroleum who supplies motor fuel for sale, consignment, or distribution through retail outlets.
(7) "Motor fuel retailer" means a person, firm, or corporation that resells motor fuel entirely at one or more retail
motor fuel outlets pursuant to a motor fuel franchise entered
into with a refiner-supplier.
(8) "Offer or offer to sell" includes every attempt or offer
to dispose of or solicitation of an offer to buy a franchise or
an interest in a franchise.
(9) "Person" means a natural person, corporation, partnership, trust, or other entity and in the case of an entity, it
shall include any other entity which has a majority interest in
such an entity or effectively controls such other entity as well
as the individual officers, directors, and other persons in act
of control of the activities of each such entity.
(10) "Price" means the net purchase price, after adjustment for commission, brokerage, rebate, discount, services or
facilities furnished, or other such adjustment.
(11) "Publish" means publicly to issue or circulate by
newspaper, mail, radio, or television or otherwise to disseminate to the public.
(12) "Retail motor fuel outlet" means any location where
motor fuel is distributed for purposes other than resale.
(13) "Sale or sell" includes every contract of sale, contract to sell, or disposition of a franchise.
(14) "Trademark" means any trademark, trade name,
service mark, or other identifying symbol or name. [1989 c
11 § 3; 1986 c 320 § 1.]
Severability—1989 c 11: See note following RCW 9A.56.220.
(2004 Ed.)
19.120.050
19.120.020
19.120.020 Sale of franchise to third party. Notwithstanding the terms of any motor fuel franchise, a motor fuel
refiner-supplier shall not absolutely prohibit or unreasonably
withhold its consent to any sale, assignment, or other transfer
of the motor fuel franchise by a motor fuel retailer to a third
party without fairly compensating the motor fuel retailer for
the fair market value, at the time of expiration of the franchise, of the motor fuel retailer's inventory, supplies, equipment, and furnishings purchased from the motor fuel refinersupplier, and good will, exclusive of personalized materials
which have no value to the motor fuel refiner-supplier, and
inventory, supplies, equipment, and furnishings not reasonably required in the conduct of the franchise business. A
motor fuel refiner-supplier may offset against amounts owed
to a motor fuel retailer under this section any amounts owed
by the motor fuel retailer to the motor fuel refiner-supplier.
[1986 c 320 § 3.]
19.120.030
19.120.030 Sale of franchise to corporation. Notwithstanding the terms of any motor fuel franchise, no motor fuel
refiner-supplier may prohibit or prevent the sale, assignment,
or other transfer of the motor fuel franchise to a corporation
in which the motor fuel retailer has and maintains a controlling interest if the motor fuel retailer offers in writing personally to guarantee the performance of the obligations under the
motor fuel franchise. [1986 c 320 § 4.]
19.120.040
19.120.040 Franchise considered personal property—Designated successor in interest. Notwithstanding
the terms of any motor fuel franchise, the interest of a motor
fuel retailer under such an agreement shall be considered personal property and shall devolve on the death of the motor
fuel retailer to a designated successor in interest of the
retailer, limited to the retailer's spouse, adult child, or adult
stepchild or, if no successor in interest is designated, to the
retailer's spouse, if any. The designation shall be made, witnessed in writing by at least two persons, and delivered to the
motor fuel refiner-supplier during the term of the franchise.
The designation may be revised at any time by the motor fuel
retailer and shall be substantially in the following form:
"I (motor fuel retailer name) at the . . . . . . service station located at . . . . . ., in the City of . . . . . .,
Washington, designate . . . . . . as my successor in
interest under RCW 19.120.030 and . . . . . . as my
alternate successor if the originally designated successor is unable or unwilling so to act.
I so specify this . . . . day of . . . . . ., 19. . ."
The motor fuel refiner-supplier shall assist the designated successor in interest temporarily in the day-to-day
operation of the service station to insure continued operation
of the service station. [1986 c 320 § 5.]
19.120.050
19.120.050 Purchase of real estate and improvements
owned by refiner-supplier—Retailer given right of first
refusal—Notice to retailer. Notwithstanding the terms of
any motor fuel franchise, the motor fuel retailer shall be
given the right of first refusal to purchase the real estate
and/or improvements owned by the refiner-supplier at the
franchise location, and at least thirty days' advance notice
[Title 19 RCW—page 183]
19.120.060
Title 19 RCW: Business Regulations—Miscellaneous
within which to exercise this right, prior to any sale thereof to
any other buyer. [1986 c 320 § 6.]
19.120.060
19.120.060 Refiner-suppliers—Prohibited conduct.
Notwithstanding the terms of any motor fuel franchise, no
motor fuel refiner-supplier may:
(1) Require any motor fuel retailer to meet mandatory
minimum sales volume requirements for fuel or other products unless the refiner-supplier proves that its price to the
motor fuel retailer has been sufficiently low to enable the
motor fuel retailer reasonably to meet the mandatory minimum;
(2) Alter, or require the motor fuel retailer to consent to
the alteration of, any provision of the motor fuel franchise
during its effective term without mutual consent of the motor
fuel retailer;
(3) Interfere with any motor fuel retailer's right to assistance of counsel on any matter or to join or be active in any
trade association; and
(4) Set or compel, directly or indirectly, the retail price at
which the motor fuel retailer sells motor fuel or other products to the public. [1986 c 320 § 7.]
19.120.070
19.120.070 Offers, sales, or purchases of franchises—
Unlawful acts. It is unlawful for any person in connection
with the offer, sale, or purchase of any motor fuel franchise
directly or indirectly:
(1) To sell or offer to sell a motor fuel franchise in this
state by means of any written or oral communication which
includes an untrue statement of a material fact or omits to
state a material fact necessary in order to make the statements
made in light of the circumstances under which they were
made not misleading.
(2) To employ any device, scheme, or artifice to defraud.
(3) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person. [1986 c 320 § 8.]
19.120.080
19.120.080 Refiner-supplier and retailer relationship—Rights and prohibitions. Without limiting the other
provisions of this chapter, the following specific rights and
prohibitions shall govern the relation between the motor fuel
refiner-supplier and the motor fuel retailers:
(1) The parties shall deal with each other in good faith.
(2) For the purposes of this chapter and without limiting
its general application, it shall be an unfair or deceptive act or
practice or an unfair method of competition and therefore
unlawful and a violation of this chapter for any person to:
(a) Require a motor fuel retailer to purchase or lease
goods or services of the motor fuel refiner-supplier or from
approved sources of supply unless and to the extent that the
motor fuel refiner-supplier satisfies the burden of proving
that such restrictive purchasing agreements are reasonably
necessary for a lawful purpose justified on business grounds,
and do not substantially affect competition: PROVIDED,
That this provision shall not apply to the initial inventory of
the motor fuel franchise. In determining whether a requirement to purchase or lease goods or services constitutes an
unfair or deceptive act or practice or an unfair method of
competition the courts shall be guided by the decisions of the
[Title 19 RCW—page 184]
courts of the United States interpreting and applying the antitrust laws of the United States.
(b) Discriminate between motor fuel retailers in the
charges offered or made for royalties, goods, services, equipment, rentals, advertising services, or in any other business
dealing, unless and to the extent that the motor fuel refinersupplier satisfies the burden of proving that any classification
of or discrimination between motor fuel retailers is reasonable, is based on motor fuel franchises granted at materially
different times and such discrimination is reasonably related
to such difference in time or on other proper and justifiable
distinctions considering the purposes of this chapter, and is
not arbitrary.
(c) Sell, rent, or offer to sell to a motor fuel retailer any
product or service for more than a fair and reasonable price.
(d) Require a motor fuel retailer to assent to a release,
assignment, novation, or waiver which would relieve any
person from liability imposed by this chapter. [2000 c 171 §
72; 1986 c 320 § 9.]
19.120.090
19.120.090 Action for damages, rescission, or other
relief. (1) Any person who sells or offers to sell a motor fuel
franchise in violation of this chapter shall be liable to the
motor fuel retailer or motor fuel refiner-supplier who may
sue at law or in equity for damages caused thereby for rescission or other relief as the court may deem appropriate. In the
case of a violation of RCW 19.120.070 rescission is not available to the plaintiff if the defendant proves that the plaintiff
knew the facts concerning the untruth or omission or that the
defendant exercised reasonable care and did not know or if he
had exercised reasonable care would not have known of the
untruth or omission.
(2) The suit authorized under subsection (1) of this section may be brought to recover the actual damages sustained
by the plaintiff: PROVIDED, That the prevailing party may
in the discretion of the court recover the costs of said action
including a reasonable attorneys' fee.
(3) Any person who becomes liable to make payments
under this section may recover contributions as in cases of
contracts from any persons who, if sued separately, would
have been liable to make the same payment.
(4) A final judgment, order, or decree heretofore or hereafter rendered against a person in any civil, criminal, or
administrative proceedings under the United States anti-trust
laws, under the Federal Trade Commission Act, or this chapter shall be regarded as evidence against such persons in any
action brought by any party against such person under subsection (1) of this section as to all matters which said judgment or decree would be an estoppel between the parties
thereto. [1986 c 320 § 10.]
19.120.100
19.120.100 Limitation period tolled. The pendency of
any civil, criminal, or administrative proceedings against a
person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the
Federal Trade Commission Act, or any federal or state act
related to anti-trust laws or to franchising, or under this chapter shall toll the limitation of this action if the action is then
instituted within one year after the final judgment or order in
such proceedings: PROVIDED, That said limitation of
(2004 Ed.)
Underground Utilities
actions shall in any case toll the law so long as there is actual
concealment on the part of the person. [1986 c 320 § 11.]
19.120.110
19.120.110 Civil actions by retailers—Attorneys'
fees. Any motor fuel retailer who is injured in his or her business by the commission of any act prohibited by this chapter,
or any motor fuel retailer injured because of his or her refusal
to accede to a proposal for an arrangement which, if consumated, would be in violation of this chapter may bring a
civil action in superior court to enjoin further violations, to
recover the actual damages sustained by him or her, or both,
together with the costs of the suit, including reasonable attorney's fees. [1986 c 320 § 12.]
19.120.120
19.120.120 Civil actions by attorney general—Attorneys' fees—Criminal actions not limited by chapter. (1)
The attorney general may bring an action in the name of the
state against any person to restrain and prevent the doing of
any act herein prohibited or declared to be unlawful. The prevailing party may in the discretion of the court recover the
costs of such action including a reasonable attorneys' fee.
(2) Nothing in this chapter limits the power of the state to
punish any person for any conduct which constitutes a crime
by statute or at common law. [1986 c 320 § 13.]
19.120.905
19.120.905 Effective date—1986 c 320. (1) Sections
20 and 21 are necessary for the immediate preservation of the
public peace, health, and safety, the support of the state government and its existing public institutions and shall take
effect immediately.
(2) Sections 1 through 19, 22 and 23 of this act shall take
effect June 30, 1986. [1986 c 320 § 24.]
Chapter 19.122
19.122.010
19.122.020
19.122.027
19.122.030
19.122.033
19.122.035
19.122.040
19.122.045
19.122.050
19.122.055
19.120.900
19.120.900 Short title. This chapter shall be known as
the "gasoline dealer bill of rights act." [1986 c 320 § 19.]
19.120.901
19.120.901 Application of chapter. The provisions of
this chapter apply to any motor fuel franchise or contract
entered into or renewed on or after June 30, 1986, between a
motor fuel refiner-supplier and a motor fuel retailer. [1986 c
320 § 15.]
19.120.902
19.120.902 Intent—Interpretation consistent with
chapter 19.100 RCW. It is the intent of the legislature that
this chapter be interpreted consistent with chapter 19.100
RCW. [1986 c 320 § 17.]
19.120.903
19.120.903 Liberal construction. This chapter shall be
liberally construed to effectuate its beneficial purposes.
[1986 c 320 § 18.]
19.120.904
19.120.904 Severability—1986 c 320. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 320 § 22.]
(2004 Ed.)
Chapter 19.122 RCW
UNDERGROUND UTILITIES
Sections
19.120.130
19.120.130 Exception or exemption—Burden of
proof—Waiver of provisions of chapter void. In any proceeding under this chapter, the burden of proving an exception or an exemption from definition is upon the person
claiming it. Any condition, stipulation or provision purporting to bind any person acquiring a motor fuel franchise at the
time of entering into a motor fuel franchise or other agreement to waive compliance with any provision of this chapter
or any rule or order hereunder is void. [1986 c 320 § 14.]
19.122.020
19.122.060
19.122.070
19.122.075
19.122.080
19.122.900
Intent.
Definitions.
One-number locator services—Single statewide toll-free telephone number.
Notice of excavation to owners of underground facilities—
One-number locator service—Time for notice—Marking of
underground facilities—Costs.
Notice of excavation to pipeline companies.
Pipeline company duties after notice of excavation—Examination—Information of damage—Notification of local first
responders.
Underground facilities identified in bid or contract—Excavator's duty of reasonable care—Liability for damages—Attorneys' fees.
Exemption from liability.
Damage to underground facility—Notification by excavator—
Repairs or relocation of facility.
Failure to notify one-number locator service—Civil penalty, if
damages.
Exemption from notice and marking requirements for property
owners.
Civil penalties—Treble damages—Existing remedies not
affected.
Damage or removal of permanent marking—Civil penalty.
Waiver of notification and marking requirements.
Severability—1984 c 144.
19.122.010
19.122.010 Intent. It is the intent of the legislature in
enacting this chapter to assign responsibilities for locating
and keeping accurate records of utility locations, protecting
and repairing damage to existing underground facilities, and
protecting the public health and safety from interruption in
utility services caused by damage to existing underground
utility facilities. [1984 c 144 § 1.]
19.122.020
19.122.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Business day" means any day other than Saturday,
Sunday, or a legal local, state, or federal holiday.
(2) "Damage" includes the substantial weakening of
structural or lateral support of an underground facility, penetration, impairment, or destruction of any underground protective coating, housing, or other protective device, or the
severance, partial or complete, of any underground facility to
the extent that the project owner or the affected utility owner
determines that repairs are required.
(3) "Emergency" means any condition constituting a
clear and present danger to life or property, or a customer service outage.
(4) "Excavation" means any operation in which earth,
rock, or other material on or below the ground is moved or
otherwise displaced by any means, except the tilling of soil
less than twelve inches in depth for agricultural purposes, or
[Title 19 RCW—page 185]
19.122.027
Title 19 RCW: Business Regulations—Miscellaneous
road and ditch maintenance that does not change the original
road grade or ditch flowline.
(5) "Excavator" means any person who engages directly
in excavation.
(6) "Gas" means natural gas, flammable gas, or toxic or
corrosive gas.
(7) "Hazardous liquid" means: (a) Petroleum, petroleum
products, or anhydrous ammonia as those terms are defined
in 49 C.F.R. Part 195 as in effect on March 1, 1998; and (b)
carbon dioxide. The utilities and transportation commission
may by rule incorporate by reference other substances designated as hazardous by the secretary of transportation.
(8) "Identified facility" means any underground facility
which is indicated in the project plans as being located within
the area of proposed excavation.
(9) "Identified but unlocatable underground facility"
means an underground facility which has been identified but
cannot be located with reasonable accuracy.
(10) "Locatable underground facility" means an underground facility which can be field-marked with reasonable
accuracy.
(11) "Marking" means the use of stakes, paint, or other
clearly identifiable materials to show the field location of
underground facilities, in accordance with the current color
code standard of the American public works association.
Markings shall include identification letters indicating the
specific type of the underground facility.
(12) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a
county, or any subdivision or instrumentality of a state, and
its employees, agents, or legal representatives.
(13) "Pipeline" or "pipeline system" means all or parts of
a pipeline facility through which hazardous liquid or gas
moves in transportation, including, but not limited to, line
pipe, valves, and other appurtenances connected to line pipe,
pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated
assemblies therein, and breakout tanks. "Pipeline" or "pipeline system" does not include process or transfer pipelines as
defined in RCW 81.88.010.
(14) "Pipeline company" means a person or entity constructing, owning, or operating a pipeline for transporting
hazardous liquid or gas. A pipeline company does not
include: (a) Distribution systems owned and operated under
franchise for the sale, delivery, or distribution of natural gas
at retail; or (b) excavation contractors or other contractors
that contract with a pipeline company.
(15) "Reasonable accuracy" means location within
twenty-four inches of the outside dimensions of both sides of
an underground facility.
(16) "Underground facility" means any item buried or
placed below ground for use in connection with the storage or
conveyance of water, sewage, electronic, telephonic or telegraphic communications, cablevision, electric energy, petroleum products, gas, gaseous vapors, hazardous liquids, or
other substances and including but not limited to pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments, and those parts of poles or anchors below ground. This
definition does not include pipelines as defined in subsection
(13) of this section, but does include distribution systems
[Title 19 RCW—page 186]
owned and operated under franchise for the sale, delivery, or
distribution of natural gas at retail.
(17) "One-number locator service" means a service
through which a person can notify utilities and request fieldmarking of underground facilities. [2000 c 191 § 15; 1984 c
144 § 2.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.027
19.122.027 One-number locator services—Single
statewide toll-free telephone number. (1) By December
31, 2000, the utilities and transportation commission shall
cause to be established a single statewide toll-free telephone
number to be used for referring excavators to the appropriate
one-number locator service.
(2) The utilities and transportation commission, in consultation with the Washington utilities coordinating council,
shall establish minimum standards and best management
practices for one-number locator services consistent with the
recommendations of the governor's fuel accident prevention
and response team issued in December 1999. By December
31, 2000, the commission shall provide its recommendations
to the appropriate standing committees of the house of representatives and the senate.
(3) One-number locator services shall be operated by
nongovernmental agencies. [2000 c 191 § 16.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.030
19.122.030 Notice of excavation to owners of underground facilities—One-number locator service—Time
for notice—Marking of underground facilities—Costs.
(1) Before commencing any excavation, excluding agriculture tilling less than twelve inches in depth, the excavator
shall provide notice of the scheduled commencement of
excavation to all owners of underground facilities through a
one-number locator service.
(2) All owners of underground facilities within a onenumber locator service area shall subscribe to the service.
One-number locator service rates for cable television companies will be based on the amount of their underground facilities. If no one-number locator service is available, notice
shall be provided individually to those owners of underground facilities known to or suspected of having underground facilities within the area of proposed excavation. The
notice shall be communicated to the owners of underground
facilities not less than two business days or more than ten
business days before the scheduled date for commencement
of excavation, unless otherwise agreed by the parties.
(3) Upon receipt of the notice provided for in this section, the owner of the underground facility shall provide the
excavator with reasonably accurate information as to its
locatable underground facilities by surface-marking the location of the facilities. If there are identified but unlocatable
underground facilities, the owner of such facilities shall provide the excavator with the best available information as to
their locations. The owner of the underground facility providing the information shall respond no later than two business
days after the receipt of the notice or before the excavation
(2004 Ed.)
Underground Utilities
time, at the option of the owner, unless otherwise agreed by
the parties. Excavators shall not excavate until all known
facilities have been marked. Once marked by the owner of
the underground facility, the excavator is responsible for
maintaining the markings. Excavators shall have the right to
receive compensation from the owner of the underground
facility for costs incurred if the owner of the underground
facility does not locate its facilities in accordance with this
section.
(4) The owner of the underground facility shall have the
right to receive compensation for costs incurred in responding to excavation notices given less than two business days
prior to the excavation from the excavator.
(5) An owner of underground facilities is not required to
indicate the presence of existing service laterals or appurtenances if the presence of existing service laterals or appurtenances on the site of the construction project can be determined from the presence of other visible facilities, such as
buildings, manholes, or meter and junction boxes on or adjacent to the construction site.
(6) Emergency excavations are exempt from the time
requirements for notification provided in this section.
(7) If the excavator, while performing the contract, discovers underground facilities which are not identified, the
excavator shall cease excavating in the vicinity of the facility
and immediately notify the owner or operator of such facilities, or the one-number locator service. [2000 c 191 § 17;
1988 c 99 § 1; 1984 c 144 § 3.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
Damages to facilities on state highways: RCW 47.44.150.
19.122.033
19.122.033 Notice of excavation to pipeline companies. (1) Before commencing any excavation, excluding
agricultural tilling less than twelve inches in depth, an excavator shall notify pipeline companies of the scheduled commencement of excavation through a one-number locator service in the same manner as is required for notifying owners of
underground facilities of excavation work under RCW
19.122.030. Pipeline companies shall have the same rights
and responsibilities as owners of underground facilities under
RCW 19.122.030 regarding excavation work. Excavators
have the same rights and responsibilities under this section as
they have under RCW 19.122.030.
(2) Project owners, excavators, and pipeline companies
have the same rights and responsibilities relating to excavation near pipelines that they have for excavation near underground facilities as provided in RCW 19.122.040. [2000 c
191 § 18.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.035
19.122.035 Pipeline company duties after notice of
excavation—Examination—Information of damage—
Notification of local first responders. (1) After a pipeline
company has been notified by an excavator pursuant to RCW
19.122.033 that excavation work will uncover any portion of
the pipeline, the pipeline company shall ensure that the pipe(2004 Ed.)
19.122.040
line section in the vicinity of the excavation is examined for
damage prior to being reburied.
(2) Immediately upon receiving information of thirdparty damage to a hazardous liquid pipeline, the company
that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the
pipeline. After visual inspection, the operator of the hazardous liquid pipeline shall determine whether the damaged
pipeline section should be replaced or repaired, or whether it
is safe to resume pipeline operation. Immediately upon
receiving information of third-party damage to a gas pipeline,
the company that operates the pipeline shall conduct a visual
inspection of the pipeline to determine whether the flow of
gas through that pipeline should be terminated, and whether
the damaged pipeline should be replaced or repaired. A
record of the pipeline company's inspection report and test
results shall be provided to the utilities and transportation
commission consistent with reporting requirements under 49
C.F.R. 195 Subpart B.
(3) Pipeline companies shall immediately notify local
first responders and the department of any reportable release
of a hazardous liquid from a pipeline. Pipeline companies
shall immediately notify local first responders and the commission of any blowing gas leak from a gas pipeline that has
ignited or represents a probable hazard to persons or property. Pipeline companies shall take all appropriate steps to
ensure the public safety in the event of a release of hazardous
liquid or gas under this subsection.
(4) No damaged pipeline may be buried until it is
repaired or relocated. The pipeline company shall arrange for
repairs or relocation of a damaged pipeline as soon as is practical or may permit the excavator to do necessary repairs or
relocation at a mutually acceptable price. [2000 c 191 § 19.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.040
19.122.040 Underground facilities identified in bid or
contract—Excavator's duty of reasonable care—Liability
for damages—Attorneys' fees. (1) Project owners shall
indicate in bid or contract documents the existence of underground facilities known by the project owner to be located
within the proposed area of excavation. The following shall
be deemed changed or differing site conditions:
(a) An underground facility not identified as required by
this chapter or other provision of law; and
(b) An underground facility not located, as required by
this chapter or other provision of law, by the project owner or
excavator if the project owner or excavator is also a utility.
(2) An excavator shall use reasonable care to avoid damaging underground facilities. An excavator shall:
(a) Determine the precise location of underground facilities which have been marked;
(b) Plan the excavation to avoid damage to or minimize
interference with underground facilities in and near the excavation area; and
(c) Provide such support for underground facilities in
and near the construction area, including during backfill
operations, as may be reasonably necessary for the protection
of such facilities.
[Title 19 RCW—page 187]
19.122.045
Title 19 RCW: Business Regulations—Miscellaneous
(3) If an underground facility is damaged and such damage is the consequence of the failure to fulfill an obligation
under this chapter, the party failing to perform that obligation
shall be liable for any damages. Any clause in an excavation
contract which attempts to allocate liability, or requires
indemnification to shift the economic consequences of liability, different from the provisions of this chapter is against
public policy and unenforceable. Nothing in this chapter prevents the parties to an excavation contract from contracting
with respect to the allocation of risk for changed or differing
site conditions.
(4) In any action brought under this section, the prevailing party is entitled to reasonable attorneys' fees. [1984 c 144
§ 4.]
19.122.045
19.122.045 Exemption from liability. Excavators who
comply with the requirements of this chapter are not liable for
any damages arising from contact or damage to an underground fiber optics facility other than the cost to repair the
facility. [1988 c 99 § 2.]
19.122.050 Damage to underground facility—Notification by excavator—Repairs or relocation of facility. (1)
An excavator who, in the course of excavation, contacts or
damages an underground facility shall notify the utility owning or operating such facility and the one-number locator service. If the damage causes an emergency condition, the excavator causing the damage shall also alert the appropriate local
public safety agencies and take all appropriate steps to ensure
the public safety. No damaged underground facility may be
buried until it is repaired or relocated.
(2) The owner of the underground facilities damaged
shall arrange for repairs or relocation as soon as is practical or
may permit the excavator to do necessary repairs or relocation at a mutually acceptable price. [1984 c 144 § 5.]
19.122.050
19.122.055 Failure to notify one-number locator service—Civil penalty, if damages. (1) Any person who fails
to notify the one-number locator service and causes damage
to a hazardous liquid or gas pipeline is subject to a civil penalty of not more than ten thousand dollars for each violation.
(2) All civil penalties recovered under this section shall
be deposited into the pipeline safety account created in RCW
81.88.050. [2001 c 238 § 5; 2000 c 191 § 24.]
19.122.055
provision of this chapter, and which violation results in damage to underground facilities, is subject to a civil penalty of
not more than one thousand dollars for each violation. All
penalties recovered in such actions shall be deposited in the
general fund.
(2) Any excavator who wilfully or maliciously damages
a field-marked underground facility shall be liable for treble
the costs incurred in repairing or relocating the facility. In
those cases in which an excavator fails to notify known
underground facility owners or the one-number locator service, any damage to the underground facility shall be deemed
wilful and malicious and shall be subject to treble damages
for costs incurred in repairing or relocating the facility.
(3) This chapter does not affect any civil remedies for
personal injury or for property damage, including that to
underground facilities, nor does this chapter create any new
civil remedies for such damage. [1984 c 144 § 7.]
Damages to facilities on state highways: RCW 47.44.150.
19.122.075
19.122.075 Damage or removal of permanent marking—Civil penalty. Any person who willfully damages or
removes a permanent marking used to identify an underground facility or pipeline, or a temporary marking prior to
its intended use, is subject to a civil penalty of not more than
one thousand dollars for each act. [2000 c 191 § 23.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.080
19.122.080 Waiver of notification and marking
requirements. The notification and marking provisions of
this chapter may be waived for one or more designated persons by an underground facility owner with respect to all or
part of that underground facility owner's own underground
facilities. [1984 c 144 § 8.]
19.122.900
19.122.900 Severability—1984 c 144. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 144 § 9.]
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
Chapter 19.126 RCW
WHOLESALE DISTRIBUTORS AND SUPPLIERS OF
MALT BEVERAGES
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
Sections
19.122.060 Exemption from notice and marking
requirements for property owners. An excavation of less
than twelve inches in vertical depth on private noncommercial property shall be exempt from the requirements of RCW
19.122.030, if the excavation is being performed by the person or an employee of the person who owns or occupies the
property on which the excavation is being performed. [1984
c 144 § 6.]
19.122.060
Chapter 19.126
(Formerly: Wholesale distributors and suppliers of wine and malt beverages)
19.126.010
19.126.020
19.126.030
19.126.040
19.126.050
19.126.060
19.126.070
19.126.080
19.126.900
19.126.901
Purpose.
Definitions.
Suppliers' protections.
Distributors' protections.
Suppliers' prohibited acts.
Attorney's fees—Costs.
Suspension or cancellation of license or certificate.
Civil actions—Injunctive relief.
Short title.
Severability—1984 c 169.
19.126.010
19.122.070 Civil penalties—Treble damages—Existing remedies not affected. (1) Any person who violates any
19.122.070
[Title 19 RCW—page 188]
19.126.010 Purpose. (1) The legislature recognizes that
both suppliers and wholesale distributors of malt beverages
are interested in the goal of best serving the public interest
(2004 Ed.)
Wholesale Distributors and Suppliers of Malt Beverages
through the fair, efficient, and competitive distribution of
such beverages. The legislature encourages them to achieve
this goal by:
(a) Assuring the wholesale distributor's freedom to manage the business enterprise, including the wholesale distributor's right to independently establish its selling prices; and
(b) Assuring the supplier and the public of service from
wholesale distributors who will devote their best competitive
efforts and resources to sales and distribution of the supplier's
products which the wholesale distributor has been granted the
right to sell and distribute.
(2) This chapter governs the relationship between suppliers of malt beverages and their wholesale distributors to the
full extent consistent with the Constitution and laws of this
state and of the United States. [2003 c 59 § 1; 1984 c 169 §
1.]
Effective date—2003 c 59: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 17, 2003]." [2003 c 59 § 3.]
19.126.020
19.126.020 Definitions. (Effective until January 1,
2005.) The definitions set forth in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agreement of distributorship" means any contract,
agreement, commercial relationship, license, association, or
any other arrangement, for a definite or indefinite period,
between a supplier and distributor.
(2) "Distributor" means any person, including but not
limited to a component of a supplier's distribution system
constituted as an independent business, importing or causing
to be imported into this state, or purchasing or causing to be
purchased within this state, any malt beverage for sale or
resale to retailers licensed under the laws of this state, regardless of whether the business of such person is conducted
under the terms of any agreement with a malt beverage manufacturer.
(3) "Supplier" means any malt beverage manufacturer or
importer who enters into or is a party to any agreement of distributorship with a wholesale distributor. "Supplier" does not
include: (a) Any domestic brewer or microbrewer licensed
under RCW 66.24.240 and producing less than fifty thousand
barrels of malt liquor annually; or (b) any brewer or manufacturer of malt liquor producing less than fifty thousand barrels
of malt liquor annually and holding a certificate of approval
issued under RCW 66.24.270.
(4) "Malt beverage manufacturer" means every brewer,
fermenter, processor, bottler, or packager of malt beverages
located within or outside this state, or any other person,
whether located within or outside this state, who enters into
an agreement of distributorship for the resale of malt beverages in this state with any wholesale distributor doing business in the state of Washington.
(5) "Importer" means any distributor importing beer into
this state for sale to retailer accounts or for sale to other
wholesalers designated as "subjobbers" for resale.
(6) "Person" means any natural person, corporation, partnership, trust, agency, or other entity, as well as any individual officers, directors, or other persons in active control of the
activities of such entity. [2003 c 59 § 2; 1997 c 321 § 41;
1984 c 169 § 2.]
(2004 Ed.)
19.126.030
Effective date—2003 c 59: See note following RCW 19.126.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
19.126.020
19.126.020 Definitions. (Effective January 1, 2005.)
The definitions set forth in this section apply throughout this
chapter unless the context clearly requires otherwise.
(1) "Agreement of distributorship" means any contract,
agreement, commercial relationship, license, association, or
any other arrangement, for a definite or indefinite period,
between a supplier and distributor.
(2) "Distributor" means any person, including but not
limited to a component of a supplier's distribution system
constituted as an independent business, importing or causing
to be imported into this state, or purchasing or causing to be
purchased within this state, any malt beverage for sale or
resale to retailers licensed under the laws of this state, regardless of whether the business of such person is conducted
under the terms of any agreement with a malt beverage manufacturer.
(3) "Supplier" means any malt beverage manufacturer or
importer who enters into or is a party to any agreement of distributorship with a wholesale distributor. "Supplier" does not
include: (a) Any domestic brewery or microbrewery licensed
under RCW 66.24.240 and producing less than fifty thousand
barrels of malt liquor annually; (b) any brewer or manufacturer of malt liquor producing less than fifty thousand barrels
of malt liquor annually and holding a certificate of approval
issued under RCW 66.24.270; or (c) any authorized representative of malt liquor manufacturers who holds an appointment from one or more malt liquor manufacturers which, in
the aggregate, produce less than fifty thousand barrels of malt
liquor.
(4) "Malt beverage manufacturer" means every brewer,
fermenter, processor, bottler, or packager of malt beverages
located within or outside this state, or any other person,
whether located within or outside this state, who enters into
an agreement of distributorship for the resale of malt beverages in this state with any wholesale distributor doing business in the state of Washington.
(5) "Importer" means any distributor importing beer into
this state for sale to retailer accounts or for sale to other distributors designated as "subjobbers" for resale.
(6) "Authorized representative" has the same meaning as
"authorized representative" as defined in RCW 66.04.010.
(7) "Person" means any natural person, corporation, partnership, trust, agency, or other entity, as well as any individual officers, directors, or other persons in active control of the
activities of such entity. [2004 c 160 § 19; 2003 c 59 § 2;
1997 c 321 § 41; 1984 c 169 § 2.]
Effective date—2004 c 160: See note following RCW 66.04.010.
Effective date—2003 c 59: See note following RCW 19.126.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
19.126.030
19.126.030 Suppliers' protections. Suppliers are entitled to the following protections which shall be incorporated
in the agreement of distributorship:
(1) Agreements between suppliers and wholesale distributors shall be in writing;
[Title 19 RCW—page 189]
19.126.040
Title 19 RCW: Business Regulations—Miscellaneous
(2) A wholesale distributor shall maintain the financial
and competitive capability necessary to achieve efficient and
effective distribution of the supplier's products;
(3) A wholesale distributor shall maintain the quality and
integrity of the supplier's product in the manner set forth by
the supplier;
(4) A wholesale distributor shall exert its best efforts to
sell the product of the supplier and shall merchandise such
products in the stores of its retail customers as agreed
between the wholesale distributor and supplier;
(5) The supplier may cancel or otherwise terminate any
agreement with a wholesale distributor immediately and
without notice if the reason for such termination is insolvency, the occurrence of an assignment for the benefit of
creditors, bankruptcy, or suspension in excess of fourteen
days or revocation of a license issued by the state liquor
board;
(6) A wholesale distributor shall give the supplier prior
written notice, of not less than ninety days, of any material
change in its ownership or management and the supplier has
the right to reasonable prior approval of any such change; and
(7) A wholesale distributor shall give the supplier prior
written notice, of not less than ninety days, of the wholesale
distributor's intent to cancel or otherwise terminate the distributorship agreement. [1984 c 169 § 3.]
(1) Coerce or induce, or attempt to induce or coerce, any
wholesale distributor to engage in any illegal act or course of
conduct;
(2) Require a wholesale distributor to assent to any
unreasonable requirement, condition, understanding, or term
of an agreement which prohibits a wholesaler from selling
the product of any other supplier or suppliers;
(3) Require a wholesale distributor to accept delivery of
any product or any other item or commodity which was not
ordered by the wholesale distributor; or
(4) Fail or refuse to enter into an agreement of distributorship with a wholesale distributor that handles the supplier's
products. [1985 c 440 § 1; 1984 c 169 § 5.]
19.126.060
19.126.060 Attorney's fees—Costs. In any action
brought by a wholesale distributor or a supplier pursuant to
this chapter, the prevailing party shall be awarded its reasonable attorney's fees and costs. [1984 c 169 § 6.]
19.126.070
19.126.070 Suspension or cancellation of license or
certificate. Continued violation of this chapter constitutes
grounds, in the discretion of the state liquor control board, for
suspension or cancellation under RCW 66.24.010 of any
license or certificate held by a supplier or its agent. [1985 c
440 § 2.]
19.126.040
19.126.040 Distributors' protections. Wholesale distributors are entitled to the following protections which shall
be incorporated in the agreement of distributorship:
(1) Agreements between wholesale distributors and suppliers shall be in writing;
(2) A supplier shall give the wholesale distributor at least
sixty days prior written notice of the supplier's intent to cancel or otherwise terminate the agreement, unless such termination is based on a reason set forth in RCW 19.126.030(5).
The notice shall state all the reasons for the intended termination or cancellation. Upon receipt of notice, the wholesale
distributor shall have sixty days in which to rectify any
claimed deficiency. If the deficiency is rectified within this
sixty-day period, the proposed termination or cancellation is
null and void and without legal effect;
(3) The wholesale distributor is entitled to compensation
for the laid-in cost of inventory and liquidated damages measured on the fair market price of the business as provided for
in the agreement for any termination of the agreement by the
supplier other than termination for cause, for failure to live up
to the terms and conditions of the agreement, or any reason
set forth in RCW 19.126.030(5); and
(4) The wholesale distributor may sell or transfer its
business, or any portion thereof, including the agreement, to
successors in interest upon prior approval of the transfer by
the supplier. No supplier may unreasonably withhold or delay
its approval of any transfer, including wholesaler's rights and
obligations under the terms of the agreement, if the person or
persons to be substituted meet reasonable standards imposed
by the supplier. [1984 c 169 § 4.]
19.126.050
19.126.050 Suppliers' prohibited acts. No supplier
may:
[Title 19 RCW—page 190]
19.126.080
19.126.080 Civil actions—Injunctive relief. A person
injured by a violation of this chapter may bring a civil action
in a court of competent jurisdiction to enjoin further violations. Injunctive relief may be granted in an action brought
under this chapter without the injured party being required to
post bond if, in the opinion of the court, there exists a likelihood that the injured party will prevail on the merits. [1985 c
440 § 3.]
19.126.900
19.126.900 Short title. This chapter may be known and
cited as the wholesale distributor/supplier equity agreement
act. [1984 c 169 § 7.]
19.126.901
19.126.901 Severability—1984 c 169. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 169 § 9.]
Chapter 19.130
Chapter 19.130 RCW
TELEPHONE BUYERS' PROTECTION ACT
Sections
19.130.010
19.130.020
19.130.030
19.130.040
19.130.050
19.130.060
19.130.900
19.130.901
Legislative findings.
Sales of new or reconditioned telephone equipment—Disclosure of certain information.
Certain advertising media—Application of chapter.
Certain radio equipment—Application of chapter.
Equipment not intended for connection to telephone network
and used equipment located on customer's premises—Application of chapter.
Violations—Application of consumer protection act.
Chapter cumulative.
Short title.
(2004 Ed.)
Credit Services Organization Act
19.130.010
19.130.010 Legislative findings. The legislature finds
that the federal deregulation of the telephone industry provides telephone users with the opportunity to purchase and
use telephone and other telecommunications equipment
suited to their needs. The legislature finds that competitive
markets function optimally when potential buyers have adequate information about the capabilities and reliability of the
equipment offered for sale. The legislature further finds that
disclosure of certain product information will benefit both
buyers and sellers of telephone and other telecommunications
equipment and is in the public interest. [1984 c 275 § 1.]
19.134.010
19.130.900
19.130.900 Chapter cumulative. The rights, obligations, and remedies under this chapter are in addition to any
rights, obligations, or remedies under federal statutes or regulations or other state statutes or rules. [1984 c 275 § 6.]
19.130.901
19.130.901 Short title. This chapter may be known and
cited as the telephone buyers' protection act. [1984 c 275 §
8.]
Chapter 19.134 RCW
CREDIT SERVICES ORGANIZATION ACT
Chapter 19.134
19.130.020
19.130.020 Sales of new or reconditioned telephone
equipment—Disclosure of certain information. Any person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges, or private automatic branch exchanges of not more than a twentystation capacity, shall clearly disclose prior to sale by methods which may include posting of notice or printing on the
equipment package the following:
(1) Whether the equipment uses pulse, tone, pulse-ortone, or other signaling methods, and a general description of
the services that can be accessed through the equipment;
(2) Whether the equipment is registered with the federal
communications commission under the applicable federal
regulations;
(3) The person responsible for repair of the equipment;
(4) Standard repair charges, if any; and
(5) The terms of any written warranty offered with the
equipment. [1984 c 275 § 2.]
19.130.030
19.130.030 Certain advertising media—Application
of chapter. Nothing in this chapter applies to a radio station,
television station, publisher, printer, or distributor of a newspaper, magazine, billboard, or other advertising medium
which accepts advertising in good faith without knowledge of
its violation of any provision of this chapter. [1984 c 275 §
3.]
19.130.040
19.130.040 Certain radio equipment—Application of
chapter. This chapter shall not apply to radio equipment
used for land, marine, or air mobile service, or any like service, whether or not such equipment is capable of interconnection by manual or automatic means to a telephone line.
[1984 c 275 § 4.]
19.130.050
19.130.050 Equipment not intended for connection to
telephone network and used equipment located on customer's premises—Application of chapter. This chapter
shall not apply to equipment not intended for connection to
the telephone network, nor to used equipment located on the
customer's premises. [1984 c 275 § 5.]
19.130.060
19.130.060 Violations—Application of consumer
protection act. Violation of this chapter constitutes a violation of chapter 19.86 RCW, the consumer protection act. It
shall be presumed that damages to the consumer are equal to
the purchase price of any telephone equipment sold in violation of this chapter up to one hundred dollars. Additional
damages must be proved. [1984 c 275 § 7.]
(2004 Ed.)
Sections
19.134.010
19.134.020
19.134.030
19.134.040
19.134.050
19.134.060
19.134.070
19.134.080
19.134.900
Definitions.
Prohibited conduct.
Surety bond and trust account—Exception to requirement.
Information statement—Prerequisite to contract or payment—
File maintained.
Information statement—Contents.
Contract for purchase of services—Contents—Notice of cancellation—Buyer's copy.
Waiver of rights—Violations—Enforcement—Unfair business practice.
Damages—Attorney's fees.
Short title.
19.134.010
19.134.010 Definitions. As used in this chapter:
(1) "Buyer" means any individual who is solicited to purchase or who purchases the services of a credit services organization.
(2)(a) "Credit services organization" means any person
who, with respect to the extension of credit by others, sells,
provides, performs, or represents that he or she can or will
sell, provide, or perform, in return for the payment of money
or other valuable consideration any of the following services:
(i) Improving, saving, or preserving a buyer's credit
record, history, or rating;
(ii) Obtaining an extension of credit for a buyer;
(iii) Stopping, preventing, or delaying the foreclosure of
a deed of trust, mortgage, or other security agreement; or
(iv) Providing advice or assistance to a buyer with regard
to either (a)(i), (a)(ii), or (a)(iii) of this subsection.
(b) "Credit services organization" does not include:
(i) Any person authorized to make loans or extensions of
credit under the laws of this state or the United States who is
subject to regulation and supervision by this state or the
United States or a lender approved by the United States secretary of housing and urban development for participation in
any mortgage insurance program under the national housing
act;
(ii) Any bank, savings bank, or savings and loan institution whose deposits or accounts are eligible for insurance by
the federal deposit insurance corporation or the federal savings and loan insurance corporation, or a subsidiary of such
bank, savings bank, or savings and loan institution;
(iii) Any credit union, federal credit union, or out-ofstate credit union doing business in this state under chapter
31.12 RCW;
(iv) Any nonprofit organization exempt from taxation
under section 501(c)(3) of the internal revenue code;
(v) Any person licensed as a real estate broker by this
state if the person is acting within the course and scope of that
license;
[Title 19 RCW—page 191]
19.134.020
Title 19 RCW: Business Regulations—Miscellaneous
(vi) Any person licensed as a collection agency pursuant
to chapter 19.16 RCW if acting within the course and scope
of that license;
(vii) Any person licensed to practice law in this state if
the person renders services within the course and scope of his
or her practice as an attorney;
(viii) Any broker-dealer registered with the securities
and exchange commission or the commodity futures trading
commission if the broker-dealer is acting within the course
and scope of that regulation;
(ix) Any consumer reporting agency as defined in the
federal fair credit reporting act, 15 U.S.C. Secs. 1681 through
1681t; or
(x) Any mortgage broker as defined in RCW 19.146.010
if acting within the course and scope of that definition.
(3) "Extension of credit" means the right to defer payment of debt or to incur debt and defer its payment offered or
granted primarily for personal, family, or household purposes. [1989 c 303 § 1; 1986 c 218 § 2.]
19.134.020
19.134.020 Prohibited conduct. A credit services
organization, its salespersons, agents, and representatives,
and independent contractors who sell or attempt to sell the
services of a credit services organization may not do any of
the following:
(1) Charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform
for the buyer, unless the credit services organization has
obtained a surety bond of ten thousand dollars issued by a
surety company admitted to do business in this state and
established a trust account at a federally insured bank or savings and loan association located in this state. The surety
bond shall run to the state of Washington and the buyers. The
surety bond shall be issued on the condition that the principal
comply with all provisions of this chapter and fully perform
on all contracts entered into with buyers. The surety bond
shall be continuous until canceled and shall remain in full
force and unimpaired at all times to comply with this section.
The surety's liability for all claims in the aggregate against
the continuous bond shall not exceed the penal sum of the
bond. An action on the bond may be brought by the state or
by any buyer by filing a complaint in a court of competent
jurisdiction, including small claims court, within one year of
cancellation of the surety bond. A complaint may be mailed
by registered or certified mail, return receipt requested, to the
surety and shall constitute good and sufficient service on the
surety;
(2) Charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who
will or may extend credit to the buyer if the credit that is or
will be extended to the buyer is upon substantially the same
terms as those available to the general public;
(3) Make or counsel or advise any buyer to make any
statement that is untrue or misleading or that should be
known by the exercise of reasonable care to be untrue or misleading, to a credit reporting agency or to any person who has
extended credit to a buyer or to whom a buyer is applying for
an extension of credit with respect to a buyer's credit worthiness, credit standing, or credit capacity;
[Title 19 RCW—page 192]
(4) Make or use any untrue or misleading representations
in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or
course of business that operates or would operate as fraud or
deception upon any person in connection with the offer or
sale of the services of a credit services organization. [1989 c
303 § 2; 1986 c 218 § 3.]
19.134.030
19.134.030 Surety bond and trust account—Exception to requirement. If a credit services organization is in
compliance with RCW 19.134.020(1), the salesperson, agent,
or representative who sells the services of that organization is
not required to obtain a surety bond and establish a trust
account. [1986 c 218 § 4.]
19.134.040
19.134.040 Information statement—Prerequisite to
contract or payment—File maintained. Before the execution of a contract or agreement between the buyer and a credit
services organization or before the receipt by the credit services organization of any money or other valuable consideration, whichever occurs first, the credit services organization
shall provide the buyer with a statement in writing, containing all the information required by RCW 19.134.050. The
credit services organization shall maintain on file for a period
of two years an exact copy of the statement, personally
signed by the buyer, acknowledging receipt of a copy of the
statement. [1986 c 218 § 5.]
19.134.050
19.134.050 Information statement—Contents. The
information statement required under RCW 19.134.040 shall
include all of the following:
(1)(a) A complete and accurate statement of the buyer's
right to review any file on the buyer maintained by any consumer reporting agency, as provided under the federal Fair
Credit Reporting Act, 15 U.S.C. Secs. 1681 through 1681t;
(b) A statement that the buyer may review his or her consumer reporting agency file at no charge if a request is made
to the consumer credit reporting agency within thirty days
after receiving notice that credit has been denied; and
(c) The approximate price the buyer will be charged by
the consumer reporting agency to review his or her consumer
reporting agency file;
(2) A complete and accurate statement of the buyer's
right to dispute the completeness or accuracy of any item
contained in any file on the buyer maintained by any consumer reporting agency;
(3) A complete and detailed description of the services to
be performed by the credit services organization for the buyer
and the total amount the buyer will have to pay, or become
obligated to pay, for the services;
(4) A statement asserting the buyer's right to proceed
against the bond or trust account required under RCW
19.134.020; and
(5) The name and address of the surety company that
issued the bond, or the name and address of the depository
and the trustee and the account number of the trust account.
[1986 c 218 § 6.]
19.134.060
19.134.060 Contract for purchase of services—Contents—Notice of cancellation—Buyer's copy. (1) Each
(2004 Ed.)
Sellers of Travel
contract between the buyer and a credit services organization
for the purchase of the services of the credit services organization shall be in writing, dated, signed by the buyer, and
include all of the following:
(a) A conspicuous statement in bold face type, in immediate proximity to the space reserved for the signature of the
buyer, as follows: "You, the buyer, may cancel this contract
at any time prior to midnight of the fifth day after the date of
the transaction. See the attached notice of cancellation form
for an explanation of this right";
(b) The terms and conditions of payment, including the
total of all payments to be made by the buyer, whether to the
credit services organization or to some other person;
(c) A full and detailed description of the services to be
performed by the credit services organization for the buyer,
including all guarantees and all promises of full or partial
refunds, and the estimated date by which the services are to
be performed, or estimated length of time for performing the
services;
(d) The credit services organization's principal business
address and the name and address of its agent in the state
authorized to receive service of process;
(2) The contract shall be accompanied by a completed
form in duplicate, captioned "Notice of Cancellation" that
shall be attached to the contract, be easily detachable, and
contain in bold face type the following statement written in
the same language as used in the contract.
"Notice of Cancellation
You may cancel this contract, without any penalty or obligation within five days from the date the
contract is signed.
If you cancel any payment made by you under
this contract, it will be returned within ten days following receipt by the seller of your cancellation
notice.
To cancel this contract, mail or deliver a signed
dated copy of this cancellation notice, or any other
written notice to (name of seller) at (address of
seller)
(place of business) not later than midnight (date)
I hereby cancel this transaction,
(date)
(purchaser's signature) "
The credit services organization shall give to the buyer a
copy of the completed contract and all other documents the
credit services organization requires the buyer to sign at the
time they are signed. [1986 c 218 § 7.]
diction in equity to restrain and enjoin the violation of this
chapter.
(4) This section does not prohibit the enforcement by any
person of any right provided by this or any other law.
(5) A violation of this chapter by a credit services organization is an unfair business practice as provided in chapter
19.86 RCW. [1986 c 218 § 8.]
19.134.080
19.134.080 Damages—Attorney's fees. (1) Any buyer
injured by a violation of this chapter may bring any action for
recovery of damages. Judgment shall be entered for actual
damages, but in no case less than the amount paid by the
buyer to the credit services organization, plus reasonable
attorney's fees and costs. An award may also be entered for
punitive damages.
(2) The remedies provided under this chapter are in addition to any other procedures or remedies for any violation or
conduct provided for in any other law. [1986 c 218 § 9.]
19.134.900
19.134.900 Short title. This chapter may be known and
cited as the "credit services organizations act." [1986 c 218 §
1.]
Chapter 19.138
(2004 Ed.)
Chapter 19.138 RCW
SELLERS OF TRAVEL
(Formerly: Travel charter and tour operators)
Sections
19.138.010
19.138.021
19.138.030
19.138.040
19.138.050
19.138.090
19.138.100
19.138.110
19.138.120
19.138.130
19.138.140
19.138.150
19.138.160
19.138.170
19.138.1701
19.138.180
19.138.200
19.138.240
19.138.250
19.138.260
19.138.270
19.138.280
19.134.070
19.134.070 Waiver of rights—Violations—Enforcement—Unfair business practice. (1) Any waiver by a
buyer of any part of this chapter is void. Any attempt by a
credit services organization to have a buyer waive rights
given by this chapter is a violation of this chapter.
(2) In any proceeding involving this chapter, the burden
of proving an exemption or an exception from a definition is
upon the person claiming it.
(3) Any person who violates this chapter is guilty of a
gross misdemeanor. Any district court of this state has juris-
Chapter 19.138
19.138.290
19.138.310
19.138.320
19.138.330
19.138.900
19.138.901
19.138.902
19.138.903
19.138.904
Legislative finding and declaration.
Definitions.
Advertising—Restrictions—Records.
Written statement by seller of travel—Contents.
Cancellation—Refund—Material misrepresentation—
Exception.
Application of chapter to public charter operators.
Registration—Number posting, use—Duplicates—Fee—
Assignment, transfer—New owner—Exemption.
Registration—Application—Form—Rules—Report.
Registration—Renewal—Refusal—Notice—Hearing.
Unprofessional conduct—Grounds—Registration—Revocation and reinstatement—Support order, noncompliance.
Trust account—Filing—Notice of change—Other funds or
accounts—Rules—Exceptions.
Standard of duties, care.
Nonresident seller of travel—Director as attorney if none
appointed—Service of process—Notice.
Director—Powers and duties.
Reimbursement of appropriated funds—Fees.
Director—Investigations—Publication of violation.
Director or individuals acting on director's behalf—Immunity.
Violations—Civil penalties—Hearing—Failure to pay.
Violation—Restitution assessed by director.
Registration prerequisite to suit.
Violations—Giving false information—Criminal penalties.
Action for damages—Costs, attorneys' fees—No limitation
of consumer protection act.
Violations—Application of consumer protection act.
Filing public records—Making information public for public
interest.
Contract for sale of travel-related benefits—Cancellation—
Process—Seven calendar days—Written disclosure
required.
Uniform regulation of business and professions act.
Severability—1986 c 283.
Effective date—1986 c 283.
Severability—1994 c 237.
Effective date—1994 c 237.
Implementation—1994 c 237.
[Title 19 RCW—page 193]
19.138.010
Title 19 RCW: Business Regulations—Miscellaneous
19.138.010 Legislative finding and declaration. The
legislature finds and declares that advertising, sales, and business practices of certain sellers of travel have worked financial hardship upon the people of this state; that the travel
business has a significant impact upon the economy and wellbeing of this state and its people; that problems have arisen
regarding certain sales of travel; and that the public welfare
requires registration of sellers of travel in order to eliminate
unfair advertising, sales and business practices. The legislature further finds it necessary to establish standards that will
safeguard the people against financial hardship and to
encourage fair dealing and prosperity in the travel business.
[1994 c 237 § 1; 1986 c 283 § 1.]
19.138.010
19.138.021 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing or the
director's designee.
(3) "Sale of travel-related benefits" means the sale of
travel services if the travel services are not identified at the
time of the sale with respect to dates, price, or location and
includes:
(a) Sales of travel club memberships;
(b) Sales of vacation certificates or other documents that
purport to grant the holder of the certificate or other document the ability to obtain future travel services, with or without additional consideration; or
(c) Sales of travel-industry member benefits including
those through either or both the issuance and sale or the consulting with or advising for consideration of persons in connection with the obtaining of international airlines travel
agent network identification cards or memberships.
(4) "Travel club" means a seller of travel that sells memberships to consumers, where the initial membership or maintenance dues are at least twice the amount of the annual membership or maintenance dues.
(5) "Seller of travel-related benefits" means a person,
firm, or corporation that transacts business with Washington
consumers for the sale of travel-related benefits.
(6) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who
transacts business with Washington consumers.
(a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a
travel agency or other seller of travel whose principal duties
include consulting with and advising persons concerning
travel arrangements or accommodations in the conduct or
administration of its business. If a seller of travel is employed
by a seller of travel who is registered under this chapter, the
employee need not also be registered.
(b) "Seller of travel" does not include:
(i) An air carrier;
(ii) An owner or operator of a vessel, including an ocean
common carrier as defined in 46 U.S.C. App. 1702(18), an
owner or charterer of a vessel that is required to establish its
financial responsibility in accordance with the requirements
of the federal maritime commission, 46 U.S.C. App. 817 (e),
and a steamboat company whether or not operating over and
upon the waters of this state;
19.138.021
[Title 19 RCW—page 194]
(iii) A motor carrier;
(iv) A rail carrier;
(v) A charter party carrier of passengers as defined in
RCW 81.70.020;
(vi) An auto transportation company as defined in RCW
81.68.010;
(vii) A hotel or other lodging accommodation;
(viii) An affiliate of any person or entity described in (i)
through (vii) of this subsection (6)(b) that is primarily
engaged in the sale of travel services provided by the person
or entity. For purposes of this subsection (6)(b)(viii), an
"affiliate" means a person or entity owning, owned by, or
under common ownership, with "owning," "owned," and
"ownership" referring to equity holdings of at least eighty
percent;
(ix) Direct providers of transportation by air, sea, or
ground, or hotel or other lodging accommodations who do
not book or arrange any other travel services.
(7) "Travel services" includes transportation by air, sea,
or ground, hotel or any lodging accommodations, package
tours, or vouchers or coupons to be redeemed for future travel
or accommodations for a fee, commission, or other valuable
consideration.
(8) "Advertisement" includes, but is not limited to, a
written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written,
or graphic representations made by radio, television, or cable
transmission that relates to travel services.
(9) "Transacts business with Washington consumers"
means to directly offer or sell travel services or travel-related
benefits to Washington consumers, including the placement
of advertising in media based in the state of Washington or
that is primarily directed to Washington residents. Advertising placed in national print or electronic media alone does not
constitute "transacting business with Washington consumers." Those entities who only wholesale travel services are
not "transacting business with Washington consumers" for
the purposes of this chapter. [2001 c 44 § 1; 2000 c 171 § 73;
1996 c 180 § 1; 1994 c 237 § 2.]
Effective date—1996 c 180: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 28, 1996]." [1996 c 180 § 10.]
19.138.030
19.138.030 Advertising—Restrictions—Records. A
seller of travel shall not advertise that any travel services are
or may be available unless he or she has, prior to the advertisement, determined that the product advertised was available at the time the advertising was placed. This determination can be made by the seller of travel either by use of an airline computer reservation system, or by written confirmation
from the vendor whose program is being advertised.
It is the responsibility of the seller of travel to keep written or printed documentation of the steps taken to verify that
the advertised offer was available at the time the advertising
was placed. These records are to be maintained for at least
one year after the placement of the advertisement. [1999 c
238 § 1; 1996 c 180 § 2; 1994 c 237 § 10; 1986 c 283 § 3.]
Severability—1999 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1999 c 238 § 8.]
(2004 Ed.)
Sellers of Travel
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.040 Written statement by seller of travel—
Contents. At or prior to the time of full or partial payment
for any travel services, the seller of travel shall furnish to the
person making the payment a written statement conspicuously setting forth the information contained in subsections
(1) through (6) of this section. However, if payment is made
other than in person, the seller of travel shall transmit to the
person making the payment the written statement required by
this section within three business days of receipt or processing of the payment. The written statement shall contain the
following information:
(1) The name and business address and telephone number of the seller of travel.
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the
balance due, if any.
(3) The registration number of the seller of travel
required by this chapter.
(4) The name of the vendor with whom the seller of
travel has contracted to provide travel arrangements for a
consumer and all pertinent information relating to the travel
as known by the seller of travel at the time of booking. The
seller of travel will make known further details as soon as
received from the vendor. All information will be provided
with final documentation.
(5) An advisory regarding the penalties that would be
charged in the event of a cancellation or change by the customer. This may contain either: (a) The specific amount of
cancellation and change penalties; or (b) the following statement: "Cancellation and change penalties apply to these
arrangements. Details will be provided upon request."
(6) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the
seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between
the seller of travel and the purchaser will be refunded within
thirty days of receiving the funds from the vendor with whom
the services were arranged, or if the funds were not sent to the
vendor, the funds shall be returned within fourteen days after
cancellation by the seller of travel to the purchaser unless the
purchaser requests the seller of travel to apply the money to
another travel product and/or date." [1999 c 238 § 2; 1996 c
180 § 3; 1994 c 237 § 11; 1986 c 283 § 4.]
19.138.040
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.050 Cancellation—Refund—Material misrepresentation—Exception. (1) If the transportation or
other services contracted for are canceled, or if the money is
to be refunded for any reason, the seller of travel shall refund
to the person with whom it contracts for travel services, the
money due the person within thirty days of receiving the
funds from the vendor with whom the services were
arranged. If the funds were not sent to the vendor and remain
in the possession of the seller of travel, the funds shall be
refunded within fourteen days.
(2) Any material misrepresentation with regard to the
transportation and other services offered shall be deemed to
19.138.050
(2004 Ed.)
19.138.100
be a cancellation necessitating the refund required by this
section.
(3) When travel services are paid to a vendor and
charged to a consumer's credit card by the seller of travel, and
the arrangements are subsequently canceled by the consumer,
the vendor, or the seller of travel, any refunds to the consumer's credit card must be applied for within ten days from
the date of cancellation.
(4) The seller of travel shall not be obligated to refund
any cancellation penalties imposed by the vendor with whom
the services were arranged if these penalties were disclosed in
the statement required under RCW 19.138.040. [1994 c 237
§ 12; 1986 c 283 § 5.]
19.138.090
19.138.090 Application of chapter to public charter
operators. This chapter does not apply to the sale of public
transportation by a public charter operator who is complying
with regulations of the United States department of transportation. [1986 c 283 § 9.]
19.138.100
19.138.100 Registration—Number posting, use—
Duplicates—Fee—Assignment, transfer—New owner—
Exemption. No person, firm, or corporation may act or hold
itself out as a seller of travel unless, prior to engaging in the
business of selling or advertising to sell travel services or
travel-related benefits, the person, firm, or corporation registers with the director under this chapter and rules adopted
under this chapter.
(1) The registration number must be conspicuously
posted in the place of business and must be included in all
advertisements. Sellers of travel are not required to include
registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services.
(2) The director shall issue duplicate registrations upon
payment of a duplicate registration fee to valid registration
holders operating more than one office. The duplicate registration fee for each office shall be an amount equal to the
original registration fee.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her business,
when the new owner becomes responsible for the business,
the new owner must comply with all provisions of this chapter, including registration.
(5) If a seller of travel is employed by or under contract
as an independent contractor or an outside agent of a seller of
travel who is registered under this chapter, the employee,
independent contractor, or outside agent need not also be registered if:
(a) The employee, independent contractor, or outside
agent is conducting business as a seller of travel in the name
of and under the registration of the registered seller of travel;
and
(b) All money received for travel services by the
employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and processed by the registered seller of travel as required under this
chapter. [2001 c 44 § 4; 1999 c 238 § 3; 1996 c 180 § 4; 1994
c 237 § 3.]
Severability—1999 c 238: See note following RCW 19.138.030.
[Title 19 RCW—page 195]
19.138.110
Title 19 RCW: Business Regulations—Miscellaneous
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.110
19.138.110 Registration—Application—Form—
Rules—Report. An application for registration as a seller of
travel shall be submitted in the form prescribed by rule by the
director, and shall contain but not be limited to the following:
(1) The name, address, and telephone number of the
seller of travel;
(2) Proof that the seller of travel holds a valid business
license in the state of its principal state of business;
(3) A registration fee in an amount determined under
RCW 43.24.086;
(4) The names, business addresses, and business phone
numbers of all employees, independent contractors, or outside agents who sell travel and are covered by the seller of
travel's registration. This subsection shall not apply to the
out-of-state employees of a corporation that issues a class of
equity securities registered under section 12 of the securities
exchange act of 1934, and any subsidiary, the majority of voting stock of which is owned by the corporation;
(5) A report prepared and signed by a bank officer,
licensed public accountant, or certified public accountant or
other report, approved by the director, that verifies that the
seller of travel maintains a trust account at a federally insured
financial institution located in Washington state, or other
approved account, the location and number of that trust
account or other approved account, and verifying that the
account exists as required by RCW 19.138.140. The director,
by rule, may permit alternatives to the report that provides for
at least the same level of verification. [1996 c 180 § 5; 1994
c 237 § 4.]
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.120
19.138.120 Registration—Renewal—Refusal—
Notice—Hearing. (1) Each seller of travel shall renew its
registration on or before July 1st of every year or as otherwise
determined by the director.
(2) Renewal of a registration is subject to the same provisions covering disciplinary action as a registration originally issued.
(3) The director may refuse to renew a registration for
any of the grounds set out under RCW 19.138.130 and
18.235.130, and where the past conduct of the applicant
affords reasonable grounds for belief that the applicant will
not carry out the applicant's duties in accordance with law
and with integrity and honesty. The director shall promptly
notify the applicant in writing by certified mail of its intent to
refuse to renew the registration. The registrant may request a
hearing on the refusal as provided in RCW 18.235.050. The
director may permit the registrant to honor commitments
already made to its customers, but no new commitments may
be incurred, unless the director is satisfied that all new commitments are completely bonded or secured to ensure that the
general public is protected from loss of money paid to the
registrant. [2002 c 86 § 277; 1999 c 238 § 4; 1994 c 237 § 5.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Severability—1999 c 238: See note following RCW 19.138.030.
[Title 19 RCW—page 196]
19.138.130
19.138.130 Unprofessional conduct—Grounds—
Registration—Revocation and reinstatement—Support
order, noncompliance. (1) In addition to the unprofessional
conduct described in RCW 18.235.130, the director may take
disciplinary action based on the following conduct, acts, or
conditions if the applicant or registrant:
(a) Was previously the holder of a registration issued
under this chapter, and the registration was revoked for cause
and never reissued by the director, or the registration was suspended for cause and the terms of the suspension have not
been fulfilled;
(b) Suffers a judgment in a civil action involving willful
fraud, misrepresentation, or conversion;
(c) Has violated this chapter or failed to comply with a
rule adopted by the director under this chapter; or
(d) Has failed to display the registration as provided in
this chapter.
(2) If the seller of travel is found in violation of this
chapter or in violation of the consumer protection act, chapter
19.86 RCW, by the entry of a judgment or by settlement of a
claim, the director may revoke the registration of the seller of
travel, and the director may reinstate the registration at the
director's discretion.
(3) The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [2002 c 86 § 278; 1999 c 238 § 5; 1997 c 58 § 852;
1996 c 180 § 6; 1994 c 237 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Severability—1999 c 238: See note following RCW 19.138.030.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.140
19.138.140 Trust account—Filing—Notice of
change—Other funds or accounts—Rules—Exceptions.
(1) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in
Washington state, or other account approved by the director,
all sums held for more than five business days that are
received from a person or entity, for retail travel services
offered by the seller of travel. This subsection does not apply
to travel services sold by a seller of travel, when payments for
the travel services are made through the airlines reporting
corporation.
(2) The trust account or other approved account required
by this section shall be established and maintained for the
benefit of any person or entity paying money to the seller of
travel. The seller of travel shall not in any manner encumber
(2004 Ed.)
Sellers of Travel
the amounts in trust and shall not withdraw money from the
account except the following amounts may be withdrawn at
any time:
(a) Partial or full payment for travel services to the entity
directly providing the travel service;
(b) Refunds as required by this chapter;
(c) The amount of the sales commission;
(d) Interest earned and credited to the trust account or
other approved account;
(e) Remaining funds of a purchaser once all travel services have been provided or once tickets or other similar documentation binding upon the ultimate provider of the travel
services have been provided; or
(f) Reimbursement to the seller of travel for agency operating funds that are advanced for a customer's travel services.
(3) The seller of travel may deposit noncustomer funds
into the trust account as needed in an amount equal to a deficiency resulting from dishonored customer payments made
by check, draft, credit card, debit card, or other negotiable
instrument.
(4) At the time of registration, the seller of travel shall
file with the department the account number and the name of
the financial institution at which the trust account or other
approved account is held as set forth in RCW 19.138.110.
The seller of travel shall notify the department of any change
in the account number or location within one business day of
the change.
(5) The director, by rule, may allow for the use of other
types of funds or accounts only if the protection for consumers is no less than that provided by this section.
(6) The seller of travel need not comply with the requirements of this section if all of the following apply, except as
exempted in subsection (1) of this section:
(a) The payment is made by credit card;
(b) The seller of travel does not deposit, negotiate, or
factor the credit card charge or otherwise seek to obtain payment of the credit card charge to any account over which the
seller of travel has any control; and
(c) If the charge includes transportation, the carrier that
is to provide the transportation processes the credit card
charge, or if the charge is only for services, the provider of
services processes the credit card charges.
(7) The seller of travel need not maintain a trust account
nor comply with the trust account provisions of this section if
the seller of travel:
(a)(i) Files and maintains a surety bond approved by the
director in an amount of not less than ten thousand nor more
than fifty thousand dollars, as determined by rule by the
director based on the gross income of business conducted for
Washington state residents by the seller of travel during the
prior year. The bond shall be executed by the applicant as
obligor by a surety company authorized to transact business
in this state naming the state of Washington as obligee for the
benefit of any person or persons who have suffered monetary
loss by reason of the seller of travel's violation of this chapter
or a rule adopted under this chapter. The bond shall be conditioned that the seller of travel will conform to and abide by
this chapter and all rules adopted under this chapter, and shall
reimburse any person or persons who suffer monetary loss by
reason of a violation of this chapter or a rule adopted under
this chapter.
(2004 Ed.)
19.138.160
(ii) The bond must be continuous and may be canceled
by the surety upon the surety giving written notice to the
director of the surety's intent to cancel the bond. The cancellation is effective thirty days after the notice is received by
the director.
(iii) The applicant may obtain the bond directly from the
surety or through other bonding arrangement as approved by
the director.
(iv) In lieu of a surety bond, the applicant may, upon
approval by the director, file with the director a certificate of
deposit, an irrevocable letter of credit, or such other instrument as is approved by the director by rule, drawn in favor of
the director for an amount equal to the required bond.
(v) Any person or persons who have suffered monetary
loss by any act which constitutes a violation of this chapter or
a rule adopted under this chapter may bring a civil action in
court against the seller of travel and the surety upon such
bond or approved alternate security of the seller of travel who
committed the violation of this chapter or a rule adopted
under this chapter or who employed the seller of travel who
committed such violation. A civil action brought in court
pursuant to the provisions of this section must be filed no
later than one year following the later of the alleged violation
of this chapter or a rule adopted under this chapter or completion of the travel by the customer; or
(b) Is a member in good standing in a professional association, such as the United States tour operators association
or national tour association, that is approved by the director
and that provides or requires a member to provide a minimum
of one million dollars in errors and professional liability
insurance and provides a surety bond or equivalent protection
in an amount of at least two hundred fifty thousand dollars for
its member companies.
(8) If the seller of travel maintains its principal place of
business in another state and maintains a trust account or
other approved account in that state consistent with the
requirement of this section, and if that seller of travel has
transacted business within the state of Washington in an
amount exceeding five million dollars for the preceding year,
the out-of-state trust account or other approved account may
be substituted for the in-state account required under this section. [2003 c 38 § 1; 1999 c 238 § 6; 1996 c 180 § 7; 1994 c
237 § 8.]
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.150
19.138.150 Standard of duties, care. A seller of travel
shall perform its duties reasonably and with ordinary care in
providing travel services. [1994 c 237 § 9.]
19.138.160
19.138.160 Nonresident seller of travel—Director as
attorney if none appointed—Service of process—Notice.
(1) A nonresident seller of travel soliciting business or selling
travel in the state of Washington, by mail, telephone, or otherwise, either directly or indirectly, is deemed, absent any
other appointment, to have appointed the director to be the
seller of travel's true and lawful attorney upon whom may be
served any legal process against that nonresident arising or
growing out of a transaction involving travel services or the
sale of travel-related benefits. That solicitation signifies the
[Title 19 RCW—page 197]
19.138.170
Title 19 RCW: Business Regulations—Miscellaneous
nonresident's agreement that process against the nonresident
that is served as provided in this chapter is of the same legal
force and validity as if served personally on the nonresident
seller of travel.
(2) Service of process upon a nonresident seller of travel
shall be made by leaving a copy of the process with the director. The fee for the service of process shall be determined by
the director by rule. That service is sufficient service upon the
nonresident if the plaintiff or plaintiff's attorney of record
sends notice of the service and a copy of the process by certified mail before service or immediately after service to the
defendant at the address given by the nonresident in a solicitation furnished by the nonresident, and the sender's post
office receipt of sending and the plaintiff's or plaintiff's attorney's affidavit of compliance with this section are returned
with the process in accordance with Washington superior
court civil rules. Notwithstanding the foregoing requirements, however, once service has been made on the director
as provided in this section, in the event of failure to comply
with the requirement of notice to the nonresident, the court
may order that notice be given that will be sufficient to
apprise the nonresident. [2001 c 44 § 5; 1994 c 237 § 14.]
19.138.170
19.138.170 Director—Powers and duties. The director has the following powers and duties:
(1) To adopt, amend, and repeal rules to carry out the
purposes of this chapter;
(2) To establish fees;
(3) Upon receipt of a complaint, to inspect and audit the
books and records of a seller of travel. The seller of travel
shall immediately make available to the director those books
and records as may be requested at the seller of travel's place
of business or at a location designated by the director. For
that purpose, the director shall have full and free access to the
office and places of business of the seller of travel during regular business hours. When ten or more complaints have been
received by either the department or the attorney general on a
seller of travel within a period of ninety days, the department
shall inspect and audit books and records of the seller of
travel; and
(4) To do all things necessary to carry out the functions,
powers, and duties set forth in this chapter. [2002 c 86 § 279;
1999 c 238 § 7; 1994 c 237 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Severability—1999 c 238: See note following RCW 19.138.030.
19.138.1701
19.138.1701 Reimbursement of appropriated
funds—Fees. Any state funds appropriated to the department of licensing for implementation of chapter 237, Laws of
1994 for the biennium ending June 30, 1995, shall be reimbursed by June 30, 1997, by an assessment of fees sufficient
to cover all costs of implementing chapter 237, Laws of 1994.
[1994 c 237 § 30.]
deems necessary to determine whether a registration should
be subject to disciplinary action, or whether a person has violated or is about to violate this chapter or a rule adopted or
order issued under this chapter, or to aid in the enforcement
of this chapter or in the prescribing of rules and forms of this
chapter;
(2) Publish information concerning a violation of this
chapter or a rule adopted or order issued under this chapter;
and
(3) Investigate complaints concerning practices by sellers of travel for which registration is required by this chapter.
[2002 c 86 § 280; 1994 c 237 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.138.200
19.138.200 Director or individuals acting on director's behalf—Immunity. The director or individuals acting
on the director's behalf are immune from suit in any action,
civil or criminal, based on acts performed in the course of
their duties in the administration and enforcement of this
chapter. [2002 c 86 § 281; 1994 c 237 § 20.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.138.240
19.138.240 Violations—Civil penalties—Failure to
pay. (1) A civil penalty shall be imposed by the court for
each violation of this chapter in an amount not less than five
hundred dollars nor more than two thousand dollars per violation.
(2) If a person fails to pay an assessment after it has
become a final and unappealable order, or after the court has
entered final judgment in favor of the state, the director may
recover the amount assessed by action in the appropriate
superior court. In the action, the validity and appropriateness
of the final order imposing the penalty shall not be subject to
review. [2002 c 86 § 282; 1994 c 237 § 21.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.138.250
19.138.250 Violation—Restitution assessed by director. The director may assess against a person or organization
that violates this chapter, or a rule adopted under this chapter,
the full amount of restitution as may be necessary to restore
to a person an interest in money or property, real or personal,
that may have been acquired by means of an act prohibited by
or in violation of this chapter. [1994 c 237 § 22.]
19.138.260
19.138.260 Registration prerequisite to suit. In order
to maintain or defend a lawsuit, a seller of travel must be registered with the department as required by this chapter and
rules adopted under this chapter. [1994 c 237 § 23.]
19.138.270
19.138.180
19.138.180 Director—Investigations—Publication of
violation. The director, in the director's discretion, may:
(1) Annually, or more frequently, make public or private
investigations within or without this state as the director
[Title 19 RCW—page 198]
19.138.270 Violations—Giving false information—
Criminal penalties. (1) Each person who knowingly violates this chapter or who knowingly gives false or incorrect
information to the director, attorney general, or county prosecuting attorney in filing statements required by this chapter,
(2004 Ed.)
Sellers of Travel
whether or not the statement or report is verified, is guilty of
a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) A person who violates this chapter or who gives false
or incorrect information to the director, attorney general, or
county prosecuting attorney in filing statements required by
this chapter, whether or not the statement or report is verified,
is guilty of a misdemeanor punishable under chapter 9A.20
RCW. [1994 c 237 § 24.]
19.138.280
19.138.280 Action for damages—Costs, attorneys'
fees—No limitation of consumer protection act. In addition to any other penalties or remedies under chapter 19.86
RCW, a person who is injured by a violation of this chapter
may bring an action for recovery of actual damages, including court costs and attorneys' fees. No provision in this chapter shall be construed to limit any right or remedy provided
under chapter 19.86 RCW. [1994 c 237 § 28.]
19.138.290
19.138.290 Violations—Application of consumer
protection act. The legislature finds that the practices governed by this chapter are matters vitally affecting the public
interest for the purpose of applying the consumer protection
act, chapter 19.86 RCW. Any violation of this chapter is not
reasonable in relation to the development and preservation of
business and is an unfair and deceptive act or practice and
unfair method of competition in the conduct of trade or commerce in violation of RCW 19.86.020. Remedies provided by
chapter 19.86 RCW are cumulative and not exclusive. [1994
c 237 § 27.]
19.138.310
19.138.310 Filing public records—Making information public for public interest. All information, documents,
and reports filed with the director under this chapter are matters of public record and shall be open to public inspection,
subject to reasonable regulation. The director may make public, on a periodic or other basis, the information as may be
necessary or appropriate in the public interest concerning the
registration, reports, and information filed with the director
or any other matters to the administration and enforcement of
this chapter. [1994 c 237 § 26.]
19.138.320
19.138.320 Contract for sale of travel-related benefits—Cancellation—Process—Seven calendar days—
Written disclosure required. (1) A contract for the sale of
travel-related benefits may be canceled at the option of the
purchaser if the purchaser sends notice of the cancellation by
certified mail, return receipt requested, to the seller of travelrelated benefits at the address contained in the contract and if
the notice is postmarked not later than midnight of the seventh calendar day following the day on which the contract is
signed or any membership card and all membership materials
are received by the purchaser, whichever is later. In addition
to this cancellation right, a purchaser who signs a contract for
the sale of travel-related benefits of any description from a
seller of travel-related benefits without having received the
written disclosures required in subsection (2) of this section
has cancellation rights until seven calendar days after the
receipt of the written disclosures. A purchaser must request
cancellation of a contract by sending the notice of cancellation by certified mail, return receipt requested, postmarked
(2004 Ed.)
19.138.330
not later than midnight of the seventh calendar day following
the day on which the contract is signed, any membership card
and all membership materials are received by the purchaser,
or the day on which the disclosures were actually received,
whichever is later, to the seller of travel-related benefits at the
address contained in the contract. The purchaser may use the
cancellation form prescribed in subsection (2) of this section,
however, notice of cancellation is sufficient if it indicates the
intention of the purchaser not to be bound by the contract.
The purchaser's right of cancellation of a contract for the sale
of travel-related benefits may not be waived.
(2) A contract for the sale of travel-related benefits must
include the following statement in at least ten-point bold-face
type immediately before the space for the purchaser's signature:
"Purchaser's right to cancel: You may cancel this contract without any cancellation fee or other penalty, or stated
reason for doing so, by sending notice of cancellation by certified mail, return receipt requested, to . . . (insert name of the
seller of travel-related benefits) at the address indicated
below. The notice must be postmarked by midnight of the
seventh calendar day following the day on which this contract is signed by you or the day any membership card and all
membership materials are received by you, whichever is
later. The day on which the contract was signed is not
included as a "calendar day," and if the seventh calendar day
falls on a Sunday or legal holiday, then the right to cancel this
contract expires on the day immediately following that Sunday or legal holiday.
TO CANCEL THIS CONTRACT, SEND A COPY OF
THIS NOTICE OF CANCELLATION OR OTHER WRITTEN NOTICE OF CANCELLATION TO:
...........
(Name of Seller)
...........
(Address of Seller)
(Date)
I HEREBY CANCEL THIS CONTRACT
(Date)
...........
(Purchaser's Signature)
...........
(Printed Name)
...........
(Purchaser's Address)"
(3) Within seven calendar days following timely receipt
of notice of cancellation from the purchaser, the seller of
travel-related benefits shall provide evidence that the contract
has been canceled and return any money or other consideration paid by the purchaser. However, the seller of travelrelated benefits may retain payments made for specific travel
services utilized by the purchaser. [2001 c 44 § 2.]
19.138.330
19.138.330 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
[Title 19 RCW—page 199]
19.138.900
Title 19 RCW: Business Regulations—Miscellaneous
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 283.]
protection when contracting for health studio services. [1987
c 317 § 1.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.138.900
19.138.900 Severability—1986 c 283. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1986 c 283 § 11.]
19.138.901
19.138.901 Effective date—1986 c 283. This act shall
take effect January 1, 1987. [1986 c 283 § 12.]
19.138.902
19.138.902 Severability—1994 c 237. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 237 § 32.]
19.138.903
19.138.903 Effective date—1994 c 237. Sections 1
through 29 of this act shall take effect January 1, 1996. [1994
c 237 § 33.]
19.138.904
19.138.904 Implementation—1994 c 237. The director of licensing, beginning July 1, 1995, may take such steps
as are necessary to ensure that this act is implemented on its
*effective date[s]. [1994 c 237 § 35.]
*Reviser's note: 1994 c 237 has different effective dates. The effective
date for sections 1 through 29 is January 1, 1996, and the effective date for
the remainder of the act is June 9, 1994.
Chapter 19.142
Chapter 19.142 RCW
HEALTH STUDIO SERVICES
Sections
19.142.005
19.142.010
19.142.020
19.142.030
19.142.040
19.142.050
19.142.060
19.142.070
19.142.080
19.142.090
19.142.100
19.142.110
19.142.900
19.142.901
Findings and declaration.
Definitions.
Membership plans—Special offers—Misrepresentations prohibited.
Written contract required.
Contents of contract.
Notice of cancellation—Refund.
Trust account—Written receipt—Record of deposits—Buyers'
claims.
Surety bond in lieu of trust account.
Failure to comply with bond or trust account requirements—
Class C felony.
Waivers of this chapter—Contracts not in compliance with
this chapter—Void and unenforceable.
Violations—Application of consumer protection act.
Attorneys' fees.
Chapter cumulative and nonexclusive.
Prospective application of chapter.
19.142.005
19.142.005 Findings and declaration. The legislature
finds that there exist in connection with a substantial number
of contracts for health studio services certain practices and
business methods which have worked undue financial hardship upon some of the citizens of the state and that existing
legal remedies are inadequate to correct existing problems in
the industry. The legislature declares that it is a matter of public interest that the citizens of our state be assured reasonable
[Title 19 RCW—page 200]
19.142.010
19.142.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Business day" means any day except a Sunday or a
legal holiday.
(2) "Buyer" or "member" means a person who purchases
health studio services.
(3) "Health studio" includes any person or entity
engaged in the sale of instruction, training, assistance or use
of facilities which purport to assist patrons to improve their
physical condition or appearance through physical exercise,
body building, weight loss, figure development, the martial
arts, or any other similar activity. For the purposes of this
chapter, "health studio" does not include: (a) Public common
schools, private schools approved under RCW 28A.195.010,
and public or private institutions of higher education; (b) persons providing professional services within the scope of a
person's license under Title 18 RCW; (c) bona fide nonprofit
organizations which have been granted tax-exempt status by
the Internal Revenue Service, the functions of which as
health studios are only incidental to their overall functions
and purposes; (d) a person or entity which offers physical
exercise, body building, figure development or similar activities as incidental features of a plan of instruction or assistance relating to diet or control of eating habits; (e) bona fide
nonprofit corporations organized under chapter 24.03 RCW
which have members and whose members have meaningful
voting rights to elect and remove a board of directors which
is responsible for the operation of the health club and corporation; and (f) a preexisting facility primarily offering aerobic
classes, where the initiation fee is less than fifty dollars and
no memberships are sold which exceed one year in duration.
For purposes of this subsection, "preexisting facility" means
an existing building used for health studio services covered
by the fees collected.
(4) "Health studio services" means instruction, services,
privileges, or rights offered for sale by a health studio.
"Health studio services" do not include: (a) Instruction or
assistance relating to diet or control of eating habits not
involving substantial on-site physical exercise, body building, figure development, or any other similar activity; or (b)
recreational or social programs which either involve no physical exercise or exercise only incidental to the program.
(5) "Initiation or membership fee" means a fee paid
either in a lump sum or in installments within twelve months
of execution of the health studio services contract on a onetime basis when a person first joins a health studio for the
privilege of belonging to the health studio.
(6) "Special offer or discount" means any offer of health
studio services at a reduced price or without charge to a prospective member.
(7) "Use fees or dues" means fees paid on a regular periodic basis for use of a health studio. This does not preclude
prepayment of use fees at the buyer's option. [1990 c 55 § 1;
1990 c 33 § 556; 1987 c 317 § 2.]
Reviser's note: This section was amended by 1990 c 33 § 556 and by
1990 c 55 § 1, each without reference to the other. Both amendments are
(2004 Ed.)
Health Studio Services
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
19.142.020
19.142.020 Membership plans—Special offers—Misrepresentations prohibited. (1) Each health studio shall
prepare and provide to each prospective buyer a written comprehensive list of all membership plans of health studio services offered for sale by the health studio. The list shall contain a description and the respective price of each membership plan of health studio services offered.
(2) A health studio is prohibited from selling a membership plan of health studio services not included in the list.
(3) A health studio is prohibited from making a special
offer or offering a discount unless such special offer or discount is made in writing and available to all prospective
members: PROVIDED, That a special offer or discount
offered to groups need not be available to all similarly-situated prospective members.
(4) A health studio is prohibited from making any misrepresentation to any prospective buyer or current member
regarding qualifications of staff, availability or quality of
facilities or services, or results obtained through exercise,
body building, figure development, or weight loss programs,
or the present or maximum number of customers who may
contract to use the facilities or services. [1987 c 317 § 3.]
19.142.030
19.142.030 Written contract required. A contract for
the sale of health studio services shall be in writing. A copy
of the contract, as well as the rules of the health studio if not
stated in the contract, shall be given to the buyer when the
buyer signs the contract. [1987 c 317 § 4.]
19.142.040
19.142.040 Contents of contract. A contract for health
studio services shall include all of the following:
(1) The name and address of the health studio facilities
operator;
(2) The date the buyer signed the contract;
(3) A description of the health studio services and general equipment to be provided, or acknowledgement in a conspicuous form that the buyer has received a written description of the health studio services and equipment to be provided. If any of the health studio services or equipment are to
be delivered at a planned facility, at a facility under construction, or through substantial improvements to an existing facility, the description shall include a date for completion of the
facility, construction, or improvement. Health studio services
must begin within twelve months from the date the contract is
signed unless the completion of the facility, construction, or
improvement is delayed due to war, or fire, flood, or other
natural disaster;
(4) A statement of the duration of the contract. No contract for health studio services may require payments or
financing by the buyer over a period in excess of thirty-six
months from the date of the contract, nor may any contract
term be measured by or be for the life of the buyer;
(5) The use fees or dues to be paid by the buyer and if
such fees are subject to periodic adjustment. Use fees or dues
may not be raised more than once in any calendar year;
(2004 Ed.)
19.142.050
(6) A complete statement of the rules of the health studio
or an acknowledgement in a conspicuous form that the buyer
has received a copy of the rules;
(7) Clauses which notify the buyer of the right to cancel:
(a) If the buyer dies or becomes totally disabled. The
contract may require that the disability be confirmed by an
examination of a physician agreeable to the buyer and the
health studio;
(b)(i) Subject to (b)(ii) of this subsection, if the buyer
moves his or her permanent residence to a location more than
twenty-five miles from the health studio or an affiliated
health studio offering the same or similar services and facilities at no additional expense to the buyer and the buyer cancels after one year from signing the contract if the contract
extends for more than one year. The health studio may
require reasonable evidence of relocation;
(ii) If at the time of signing the contract requiring payment of an initiation or membership fee the buyer lived more
than twenty-five miles from the health studio, the buyer may
cancel under (7)(b)(i) of this section only if the buyer moves
an additional five miles or more from the health studio.
(c) If a contract extends for more than one year, the
buyer may cancel the contract for any reason upon thirty
days' written notice to the health studio;
(d) If the health studio facilities are permanently closed
and comparable facilities owned and operated by the seller
are not made available within a ten-mile radius of the closed
facility;
(e) If a facility, construction, or improvement is not completed by the date represented by the contract;
(f) If the contract for health studio services was sold
prior to the opening of the facility, the buyer may cancel
within the first five business days the facility opens for use of
the buyer and the health studio begins to provide the agreed
upon health studio services;
(8) Clauses explaining the buyer's right to a refund and
relief from future payment obligations after cancellation of
the contract;
(9) A provision under a conspicuous caption in capital
letters and boldface type stating substantially the following:
"BUYER'S RIGHT TO CANCEL
If you wish to cancel this contract without penalty, you may cancel it by delivering or mailing a
written notice to the health studio. The notice must
say that you do not wish to be bound by the contract
and must be delivered or mailed before midnight of
the third business day after you sign this contract.
The notice must be mailed to . . . . . . (insert name
and mailing address of health studio). If you cancel
within the three days, the health studio will return to
you within thirty days all amounts you have paid."
[1990 c 55 § 2; 1987 c 317 § 5.]
19.142.050
19.142.050 Notice of cancellation—Refund. After
receipt of a written notice of cancellation, the health studio
shall provide a refund to the buyer within thirty days. The
health studio may require the buyer to return any membership
card or other materials which evidence membership in the
health studio. The buyer is entitled to a refund and relief from
[Title 19 RCW—page 201]
19.142.060
Title 19 RCW: Business Regulations—Miscellaneous
future obligations for payments of initiation or membership
fees and use fees or dues as follows:
(1) The buyer is entitled to a refund of the unused portion
of any prepaid use fees or dues and relief from future obligations to pay use fees or dues concerning use after the date of
cancellation.
(2)(a) Subject to (b) of this subsection, if a contract
includes a one-time only initiation or membership fee and the
buyer cancels pursuant to RCW 19.142.040(7)(a), the buyer
is entitled to a pro rata refund of the fee less a predetermined
amount not to exceed one-half of the initial initiation or membership fee if the contract clearly states what percentage of
the fee is nonrefundable or refundable.
(b) If a contract includes a one-time only initiation or
membership fee and the buyer cancels pursuant to RCW
19.142.040(7)(a) three years or more after the signing of the
contract requiring payment of such fee, such fee is nonrefundable.
(3) If a contract includes an initiation or membership fee
and the buyer cancels pursuant to RCW 19.142.040(7) (b) or
(c), the buyer is entitled to a pro rata refund of the fee less a
predetermined amount not to exceed one-half of the initial
initiation or membership fee unless the following clause is
contained in the contract and signed separately by the buyer.
The clause shall be placed under a conspicuous caption in
capital letters and bold face type stating the following:
NONREFUNDABLE AMOUNT
I UNDERSTAND THAT I HAVE PAID OR AM OBLIGATED TO PAY . . . . . . AS AN INITIATION OR MEMBERSHIP FEE, AND THAT UNDER NO CIRCUMSTANCES IS ANY PORTION OF THIS AMOUNT
REFUNDABLE.
.....................
(Buyer's Signature)
(4) If a contract includes a one-time only initiation or
membership fee and the buyer cancels pursuant to RCW
19.142.040(7)(d), the buyer is entitled to a pro rata refund of
the fee.
(5) If a contract includes a one-time only initiation or
membership fee and the buyer cancels pursuant to RCW
19.142.040(7) (e) or (f), the buyer is entitled to a full refund
of the fee.
If a buyer is entitled to a pro rata refund under this section, the amount shall be computed by dividing the contract
price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the
contract term. If no term is stated in the contract, a term of
thirty-six months shall be used. [1990 c 55 § 3; 1987 c 317 §
6.]
19.142.060
19.142.060 Trust account—Written receipt—Record
of deposits—Buyers' claims. (1) All moneys paid to a
health studio prior to the opening of the facility shall immediately be deposited in a trust account of a federally insured
financial institution located in this state. The trust account
shall be designated and maintained for the benefit of health
studio members. Moneys maintained in the trust account
shall be exempt from execution, attachment, or garnishment.
A health studio shall not in any way encumber the corpus of
[Title 19 RCW—page 202]
the trust account or commingle any other operating funds
with trust account funds. Withdrawals from the trust account
shall be made no sooner than thirty days after the opening of
the entire facility.
(2) The health studio shall within seven days of the first
deposit notify the office of the attorney general in writing, of
the name, address, and location of the depository and any
subsequent change thereof.
(3) The health studio shall provide the buyer with a written receipt for the money and shall provide written notice of
the name, address, and location of the depository and any
subsequent change thereof.
(4) The health studio shall maintain a record of each trust
account deposit, including the name and address of each
member whose funds are being deposited, the amount paid
and the date of the deposit. Upon request of the attorney general's office, upon five days' notice, such records shall be produced for inspection.
(5) If prior to the opening of the facility the status of the
health studio is transferred to another, any sums in the trust
account affected by the transfer shall simultaneously be
transferred to an equivalent trust account of the successor,
and the successor shall promptly notify the buyer and the
office of the attorney general of the transfer and of the name,
address, and location of the new depository.
(6) The buyer's claim to any money under this section is
prior to that of any creditor of the health studio, including a
trustee in bankruptcy or receiver.
(7) After the health studio receives a notice of cancellation of the contract, or if the health studio fails to open a facility at the stated date of completion and if the buyer so
requests, then the health studio shall provide a refund within
thirty days. [1987 c 317 § 7.]
19.142.070
19.142.070 Surety bond in lieu of trust account. The
requirements of RCW 19.142.060 do not apply to any health
studios which, prior to any preopening sales, have provided a
bond guaranteeing the completion or opening of any facility
for which contracts for health studio services were sold prior
to the opening of the facility. The bond shall be drawn upon a
surety in the amount of one hundred fifty thousand dollars,
running to the state of Washington. An action on the bond
may be brought by the office of the attorney general or by any
buyer of a contract for health studio services sold prior to the
opening of the facility. [1987 c 317 § 8.]
19.142.080
19.142.080 Failure to comply with bond or trust
account requirements—Class C felony. Failure to furnish
a bond as required by RCW 19.142.070 or to maintain a trust
account as required by RCW 19.142.060 shall constitute a
class C felony punishable as provided in chapter 9A.20
RCW. [1987 c 317 § 9.]
19.142.090
19.142.090 Waivers of this chapter—Contracts not
in compliance with this chapter—Void and unenforceable. A health studio shall not request a buyer to waive any
provision of this chapter. Any contract for health studio services which does not comply with the provisions of this chapter or in which a buyer waives any provision of this chapter is
(2004 Ed.)
Mortgage Broker Practices Act
void and unenforceable as contrary to public policy. [1987 c
317 § 10.]
19.142.100
19.142.100 Violations—Application of consumer
protection act. A violation of this chapter constitutes an
unfair or deceptive act or practice and is a per se violation of
the consumer protection act, chapter 19.86 RCW. [1987 c
317 § 11.]
19.142.110 Attorneys' fees. Buyers who prevail in any
cause of action under this chapter are entitled to reasonable
attorneys' fees. [1987 c 317 § 12.]
19.142.110
19.142.900 Chapter cumulative and nonexclusive.
The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[1987 c 317 § 13.]
19.142.900
19.146.280
19.146.900
19.146.901
19.146.902
19.146.903
19.146.010
Mortgage brokerage commission—Code of conduct—
Complaint review.
Short title.
Severability—1987 c 391.
Severability—1994 c 33.
Effective dates—1994 c 33.
19.146.005
19.146.005 Findings and declaration. The legislature
finds and declares that the brokering of residential real estate
loans substantially affects the public interest. The practices of
mortgage brokers have had significant impact on the citizens
of the state and the banking and real estate industries. It is the
intent of the legislature to establish a state system of licensure
in addition to rules of practice and conduct of mortgage brokers to promote honesty and fair dealing with citizens and to
preserve public confidence in the lending and real estate community. [1994 c 33 § 1; 1993 c 468 § 1; 1987 c 391 § 1.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.142.901
19.142.901 Prospective application of chapter. The
provisions of this chapter shall not apply to any contracts for
health studio services entered into before July 26, 1987.
[1987 c 317 § 14.]
Chapter 19.146 RCW
MORTGAGE BROKER PRACTICES ACT
Chapter 19.146
Sections
19.146.005
19.146.010
19.146.020
19.146.0201
19.146.030
19.146.040
19.146.050
19.146.060
19.146.070
19.146.080
19.146.100
19.146.110
19.146.200
19.146.205
19.146.210
19.146.215
19.146.220
19.146.221
19.146.223
19.146.225
19.146.227
19.146.228
19.146.230
19.146.235
19.146.240
19.146.245
19.146.250
19.146.260
19.146.265
(2004 Ed.)
Findings and declaration.
Definitions.
Exemptions from chapter.
Loan originator, mortgage broker—Prohibitions—Requirements.
Written disclosure of fees and costs—Rules—Contents—
Lock-in agreement terms—Excess fees limited.
Written contract required—Written correspondent or loan
brokerage agreement required.
Moneys for third-party provider services deemed in trust—
Deposit of moneys in trust account—Use of trust
account—Rules—Tax treatment.
Accounting requirements.
Fee, commission, or compensation—When permitted.
Borrowers unable to obtain loans—Mortgage broker to provide copies of certain documents—Conditions—Exceptions.
Violations of chapter—Application of consumer protection
act.
Criminal penalty.
License—Required—Independent contractor—Suit or
action as mortgage broker—Display of license.
License—Application—Exchange of fingerprint data with
federal bureau of investigation—Fee—Bond or alternative.
License—Requirements for issuance—Denial—Validity—
Surrender—Interim license—Rules.
Continuing education—Rules.
Director—Powers and duties—Violations as separate violations—Rules.
Action by director—Hearing—Sanction.
Director—Administration and interpretation.
Director—Rule-making powers.
Cease and desist order—Action to enjoin and enforce.
Fees—Rules—Exception.
Administrative procedure act application.
Director—Investigation powers—Duties of person subject
to examination or investigation.
Violations—Claims against bond or alternative.
Violations—Liability.
Authority restricted to person named in license—Exceptions.
Registered agent for brokers without physical office in
state—Venue.
Branch offices—Fee—Licenses—Rules.
19.146.010
19.146.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affiliate" means any person who directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with another person.
(2) "Borrower" means any person who consults with or
retains a mortgage broker or loan originator in an effort to
obtain or seek advice or information on obtaining or applying
to obtain a residential mortgage loan for himself, herself, or
persons including himself or herself, regardless of whether
the person actually obtains such a loan.
(3) "Computer loan information systems" or "CLI system" means the real estate mortgage financing information
system defined by rule of the director.
(4) "Department" means the department of financial
institutions.
(5) "Designated broker" means a natural person designated by the applicant for a license or licensee who meets the
experience, education, and examination requirements set
forth in RCW 19.146.210(1)(e).
(6) "Director" means the director of financial institutions.
(7) "Employee" means an individual who has an employment relationship acknowledged by both the employee and
the licensee, and the individual is treated as an employee by
the licensee for purposes of compliance with federal income
tax laws.
(8) "Independent contractor" or "person who independently contracts" means any person that expressly or
impliedly contracts to perform mortgage brokering services
for another and that with respect to its manner or means of
performing the services is not subject to the other's right of
control, and that is not treated as an employee by the other for
purposes of compliance with federal income tax laws.
(9) "Investigation" means an examination undertaken for
the purpose of detection of violations of this chapter or securing information lawfully required under this chapter.
(10) "Loan originator" means a person employed, either
directly or indirectly, or retained as an independent contractor
by a person required to be licensed as a mortgage broker, or a
[Title 19 RCW—page 203]
19.146.020
Title 19 RCW: Business Regulations—Miscellaneous
natural person who represents a person required to be
licensed as a mortgage broker, in the performance of any act
specified in subsection (12) of this section.
(11) "Lock-in agreement" means an agreement with a
borrower made by a mortgage broker or loan originator, in
which the mortgage broker or loan originator agrees that, for
a period of time, a specific interest rate or other financing
terms will be the rate or terms at which it will make a loan
available to that borrower.
(12) "Mortgage broker" means any person who for compensation or gain, or in the expectation of compensation or
gain (a) makes a residential mortgage loan or assists a person
in obtaining or applying to obtain a residential mortgage loan
or (b) holds himself or herself out as being able to make a residential mortgage loan or assist a person in obtaining or
applying to obtain a residential mortgage loan.
(13) "Person" means a natural person, corporation, company, limited liability corporation, partnership, or association.
(14) "Residential mortgage loan" means any loan primarily for personal, family, or household use secured by a mortgage or deed of trust on residential real estate upon which is
constructed or intended to be constructed a single family
dwelling or multiple family dwelling of four or less units.
(15) "Third-party provider" means any person other than
a mortgage broker or lender who provides goods or services
to the mortgage broker in connection with the preparation of
the borrower's loan and includes, but is not limited to, credit
reporting agencies, title companies, appraisers, structural and
pest inspectors, or escrow companies. [1997 c 106 § 1; 1994
c 33 § 3; 1993 c 468 § 2; 1987 c 391 § 3.]
Severability—1997 c 106: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 106 § 22.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.020
19.146.020 Exemptions from chapter. (1) Except as
provided under subsections (2) and (3) of this section, the following are exempt from all provisions of this chapter:
(a) Any person doing business under the laws of the state
of Washington or the United States relating to commercial
banks, bank holding companies, savings banks, trust companies, savings and loan associations, credit unions, consumer
loan companies, insurance companies, or real estate investment trusts as defined in 26 U.S.C. Sec. 856 and the affiliates,
subsidiaries, and service corporations thereof;
(b) An attorney licensed to practice law in this state who
is not principally engaged in the business of negotiating residential mortgage loans when such attorney renders services
in the course of his or her practice as an attorney;
(c) Any person doing any act under order of any court,
except for a person subject to an injunction to comply with
any provision of this chapter or any order of the director
issued under this chapter;
(d) Any person making or acquiring a residential mortgage loan solely with his or her own funds for his or her own
investment without intending to resell the residential mortgage loans;
[Title 19 RCW—page 204]
(e) A real estate broker or salesperson licensed by the
state who obtains financing for a real estate transaction
involving a bona fide sale of real estate in the performance of
his or her duties as a real estate broker and who receives only
the customary real estate broker's or salesperson's commission in connection with the transaction;
(f) Any mortgage broker approved and subject to auditing by the federal national mortgage association or the federal home loan mortgage corporation;
(g) The United States of America, the state of Washington, any other state, and any Washington city, county, or
other political subdivision, and any agency, division, or corporate instrumentality of any of the entities in this subsection
(1)(g); and
(h) A real estate broker who provides only information
regarding rates, terms, and lenders in connection with a CLI
system, who receives a fee for providing such information,
who conforms to all rules of the director with respect to the
providing of such service, and who discloses on a form
approved by the director that to obtain a loan the borrower
must deal directly with a mortgage broker or lender. However, a real estate broker shall not be exempt if he or she does
any of the following:
(i) Holds himself or herself out as able to obtain a loan
from a lender;
(ii) Accepts a loan application, or submits a loan application to a lender;
(iii) Accepts any deposit for third-party services or any
loan fees from a borrower, whether such fees are paid before,
upon, or after the closing of the loan;
(iv) Negotiates rates or terms with a lender on behalf of
a borrower; or
(v) Provides the disclosure required by RCW
19.146.030(1).
(2) Those persons otherwise exempt under subsection
(1)(d) or (f) of this section must comply with RCW
19.146.0201 and shall be subject to the director's authority to
issue a cease and desist order for any violation of RCW
19.146.0201 and shall be subject to the director's authority to
obtain and review books and records that are relevant to any
allegation of such a violation.
(3) Any person otherwise exempted from the licensing
provisions of this chapter may voluntarily submit an application to the director for a mortgage broker's license. The director shall review such application and may grant or deny
licenses to such applicants upon the same grounds and with
the same fees as may be applicable to persons required to be
licensed under this chapter.
(a) Upon receipt of a license under this subsection, such
an applicant is required to continue to maintain a valid
license, is subject to all provisions of this chapter, and has no
further right to claim exemption from the provisions of this
chapter except as provided in (b) of this subsection.
(b) Any licensee under this subsection who would otherwise be exempted from the requirements of licensing by
RCW 19.146.020 may apply to the director for exemption
from licensing. The director shall adopt rules for reviewing
such applications and shall grant exemptions from licensing
to applications which are consistent with those rules and consistent with the other provisions of this chapter. [1997 c 106
(2004 Ed.)
Mortgage Broker Practices Act
§ 2; 1994 c 33 § 5; 1994 c 33 § 4; 1993 c 468 § 3; 1987 c 391
§ 4.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.0201 Loan originator, mortgage broker—
Prohibitions—Requirements. It is a violation of this chapter for a loan originator, mortgage broker required to be
licensed under this chapter, or mortgage broker otherwise
exempted from this chapter under RCW 19.146.020(1) (d) or
(f) in connection with a residential mortgage loan to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead borrowers or lenders or to
defraud any person;
(2) Engage in any unfair or deceptive practice toward
any person;
(3) Obtain property by fraud or misrepresentation;
(4) Solicit or enter into a contract with a borrower that
provides in substance that the mortgage broker may earn a fee
or commission through the mortgage broker's "best efforts"
to obtain a loan even though no loan is actually obtained for
the borrower;
(5) Solicit, advertise, or enter into a contract for specific
interest rates, points, or other financing terms unless the
terms are actually available at the time of soliciting, advertising, or contracting from a person exempt from licensing
under RCW 19.146.020(1) (f) or (g) or a lender with whom
the mortgage broker maintains a written correspondent or
loan brokerage agreement under RCW 19.146.040;
(6) Fail to make disclosures to loan applicants and noninstitutional investors as required by RCW 19.146.030 and
any other applicable state or federal law;
(7) Make, in any manner, any false or deceptive statement or representation with regard to the rates, points, or
other financing terms or conditions for a residential mortgage
loan or engage in bait and switch advertising;
(8) Negligently make any false statement or knowingly
and willfully make any omission of material fact in connection with any reports filed by a mortgage broker or in connection with any investigation conducted by the department;
(9) Make any payment, directly or indirectly, to any
appraiser of a property, for the purposes of influencing the
independent judgment of the appraiser with respect to the
value of the property;
(10) Advertise any rate of interest without conspicuously
disclosing the annual percentage rate implied by such rate of
interest or otherwise fail to comply with any requirement of
the truth-in-lending act, 15 U.S.C. Sec. 1601 and Regulation
Z, 12 C.F.R. Sec. 226, the real estate settlement procedures
act, 12 U.S.C. Sec. 2601 and Regulation X, 24 C.F.R. Sec.
3500, or the equal credit opportunity act, 15 U.S.C. Sec. 1691
and Regulation B, Sec. 202.9, 202.11, and 202.12, as now or
hereafter amended, in any advertising of residential mortgage
loans or any other mortgage brokerage activity;
(11) Fail to pay third-party providers no later than thirty
days after the recording of the loan closing documents or
ninety days after completion of the third-party service,
whichever comes first, unless otherwise agreed or unless the
third-party service provider has been notified in writing that a
19.146.0201
(2004 Ed.)
19.146.0201
bona fide dispute exists regarding the performance or quality
of the third-party service;
(12) Collect, charge, attempt to collect or charge or use
or propose any agreement purporting to collect or charge any
fee prohibited by RCW 19.146.030 or 19.146.070;
(13)(a) Except when complying with (b) and (c) of this
subsection, to act as a mortgage broker in any transaction (i)
in which the mortgage broker acts or has acted as a real estate
broker or salesperson or (ii) in which another person doing
business under the same licensed real estate broker acts or has
acted as a real estate broker or salesperson;
(b) Prior to providing mortgage broker services to the
borrower, the mortgage broker, in addition to other disclosures required by this chapter and other laws, shall provide to
the borrower the following written disclosure:
THIS IS TO GIVE YOU NOTICE THAT I OR
ONE OF MY ASSOCIATES HAVE/HAS ACTED
AS A REAL ESTATE BROKER OR SALESPERSON REPRESENTING THE BUYER/SELLER IN
THE SALE OF THIS PROPERTY TO YOU. I AM
ALSO A LICENSED MORTGAGE BROKER,
AND WOULD LIKE TO PROVIDE MORTGAGE
BROKERAGE SERVICES TO YOU IN CONNECTION WITH YOUR LOAN TO PURCHASE
THE PROPERTY.
YOU ARE NOT REQUIRED TO USE ME AS A
MORTGAGE BROKER IN CONNECTION WITH
THIS TRANSACTION. YOU ARE FREE TO
COMPARISON SHOP WITH OTHER MORTGAGE BROKERS AND LENDERS, AND TO
SELECT ANY MORTGAGE B ROKER OR
LENDER OF YOUR CHOOSING; and
(c) A real estate broker or salesperson licensed under
chapter 18.85 RCW who also acts as a mortgage broker shall
carry on such mortgage brokerage business activities and
shall maintain such person's mortgage brokerage business
records separate and apart from the real estate brokerage
activities conducted pursuant to chapter 18.85 RCW. Such
activities shall be deemed separate and apart even if they are
conducted at an office location with a common entrance and
mailing address, so long as each business is clearly identified
by a sign visible to the public, each business is physically
separated within the office facility, and no deception of the
public as to the separate identities of the brokerage business
firms results. This subsection (13)(c) shall not require a real
estate broker or salesperson licensed under chapter 18.85
RCW who also acts as a mortgage broker to maintain a physical separation within the office facility for the conduct of its
real estate and mortgage brokerage activities where the director determines that maintaining such physical separation
would constitute an undue financial hardship upon the mortgage broker and is unnecessary for the protection of the public; or
(14) Fail to comply with any provision of RCW
19.146.030 through 19.146.080 or any rule adopted under
those sections. [1997 c 106 § 3; 1994 c 33 § 6; 1993 c 468 §
4.]
Severability—1997 c 106: See note following RCW 19.146.010.
[Title 19 RCW—page 205]
19.146.030
Title 19 RCW: Business Regulations—Miscellaneous
Adoption of rules—1993 c 468: "The director shall take steps and
adopt rules necessary to implement the sections of this act by their effective
dates." [1993 c 468 § 22.]
Severability—1993 c 468: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 468 § 23.]
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.030
19.146.030 Written disclosure of fees and costs—
Rules—Contents—Lock-in agreement terms—Excess
fees limited. (1) Within three business days following
receipt of a loan application or any moneys from a borrower,
a mortgage broker shall provide to each borrower a full written disclosure containing an itemization and explanation of
all fees and costs that the borrower is required to pay in connection with obtaining a residential mortgage loan, and specifying the fee or fees which inure to the benefit of the mortgage broker and other such disclosures as may be required by
rule. A good faith estimate of a fee or cost shall be provided
if the exact amount of the fee or cost is not determinable. This
subsection shall not be construed to require disclosure of the
distribution or breakdown of loan fees, discount, or points
between the mortgage broker and any lender or investor.
(2) The written disclosure shall contain the following
information:
(a) The annual percentage rate, finance charge, amount
financed, total amount of all payments, number of payments,
amount of each payment, amount of points or prepaid interest
and the conditions and terms under which any loan terms may
change between the time of disclosure and closing of the
loan; and if a variable rate, the circumstances under which the
rate may increase, any limitation on the increase, the effect of
an increase, and an example of the payment terms resulting
from an increase. Disclosure in compliance with the requirements of the truth-in-lending act, 15 U.S.C. Sec. 1601 and
Regulation Z, 12 C.F.R. Sec. 226, as now or hereafter
amended, shall be deemed to comply with the disclosure
requirements of this subsection;
(b) The itemized costs of any credit report, appraisal,
title report, title insurance policy, mortgage insurance,
escrow fee, property tax, insurance, structural or pest inspection, and any other third-party provider's costs associated
with the residential mortgage loan. Disclosure through good
faith estimates of settlement services and special information
booklets in compliance with the requirements of the real
estate settlement procedures act, 12 U.S.C. Sec. 2601, and
Regulation X, 24 C.F.R. Sec. 3500, as now or hereafter
amended, shall be deemed to comply with the disclosure
requirements of this subsection;
(c) If applicable, the cost, terms, duration, and conditions
of a lock-in agreement and whether a lock-in agreement has
been entered, and whether the lock-in agreement is guaranteed by the mortgage broker or lender, and if a lock-in agreement has not been entered, disclosure in a form acceptable to
the director that the disclosed interest rate and terms are subject to change;
(d) A statement that if the borrower is unable to obtain a
loan for any reason, the mortgage broker must, within five
days of a written request by the borrower, give copies of any
appraisal, title report, or credit report paid for by the borrower
to the borrower, and transmit the appraisal, title report, or
[Title 19 RCW—page 206]
credit report to any other mortgage broker or lender to whom
the borrower directs the documents to be sent;
(e) Whether and under what conditions any lock-in fees
are refundable to the borrower; and
(f) A statement providing that moneys paid by the borrower to the mortgage broker for third-party provider services are held in a trust account and any moneys remaining
after payment to third-party providers will be refunded.
(3) If subsequent to the written disclosure being provided
under this section, a mortgage broker enters into a lock-in
agreement with a borrower or represents to the borrower that
the borrower has entered into a lock-in agreement, then no
less than three business days thereafter including Saturdays,
the mortgage broker shall deliver or send by first-class mail
to the borrower a written confirmation of the terms of the
lock-in agreement, which shall include a copy of the disclosure made under subsection (2)(c) of this section.
(4) A mortgage broker shall not charge any fee that
inures to the benefit of the mortgage broker if it exceeds the
fee disclosed on the written disclosure pursuant to this section, unless (a) the need to charge the fee was not reasonably
foreseeable at the time the written disclosure was provided
and (b) the mortgage broker has provided to the borrower, no
less than three business days prior to the signing of the loan
closing documents, a clear written explanation of the fee and
the reason for charging a fee exceeding that which was previously disclosed. However, if the borrower's closing costs,
excluding prepaid escrowed costs of ownership as defined by
rule, does not exceed the total closing costs in the most recent
good faith estimate, no other disclosures shall be required by
this subsection. [1997 c 106 § 4; 1994 c 33 § 18; 1993 c 468
§ 12; 1987 c 391 § 5.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.040
19.146.040 Written contract required—Written correspondent or loan brokerage agreement required. (1)
Every contract between a mortgage broker and a borrower
shall be in writing and shall contain the entire agreement of
the parties.
(2) A mortgage broker shall have a written correspondent or loan brokerage agreement with a lender before any
solicitation of, or contracting with, the public. [1994 c 33 §
19; 1987 c 391 § 6.]
19.146.050
19.146.050 Moneys for third-party provider services
deemed in trust—Deposit of moneys in trust account—
Use of trust account—Rules—Tax treatment. (1) All
moneys received by a mortgage broker from a borrower for
payment of third-party provider services shall be deemed as
held in trust immediately upon receipt by the mortgage broker. A mortgage broker shall deposit, prior to the end of the
third business day following receipt of such trust funds, all
such trust funds in a trust account of a federally insured financial institution located in this state. All trust account funds
collected under this chapter must remain on deposit in a trust
account in the state of Washington until disbursement. The
trust account shall be designated and maintained for the ben(2004 Ed.)
Mortgage Broker Practices Act
efit of borrowers. Moneys maintained in the trust account
shall be exempt from execution, attachment, or garnishment.
A mortgage broker shall not in any way encumber the corpus
of the trust account or commingle any other operating funds
with trust account funds. Withdrawals from the trust account
shall be only for the payment of bona fide services rendered
by a third-party provider or for refunds to borrowers.
(2) The director shall make rules which: (a) Direct mortgage brokers how to handle checks and other instruments that
are received by the broker and that combine trust funds with
other funds; and (b) permit transfer of trust funds out of the
trust account for payment of other costs only when necessary
and only with the prior express written permission of the borrower.
(3) Any interest earned on the trust account shall be
refunded or credited to the borrowers at closing.
(4) Trust accounts that are operated in a manner consistent with this section and any rules adopted by the director,
are not considered gross receipts taxable under chapter 82.04
RCW.
(5) A person violating this section is guilty of a class C
felony punishable according to chapter 9A.20 RCW. [2003 c
53 § 158; 1998 c 311 § 1; 1997 c 106 § 5; 1987 c 391 § 7.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Intent—Retroactive application—1998 c 311: "The intent of sections
1 and 3 of this act is to clarify the original intent of sections 5 and 21, chapter
106, Laws of 1997 and shall not be construed otherwise. Therefore, sections
1 and 3 of this act apply retroactively to July 27, 1997." [1998 c 311 § 30.]
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.060
19.146.060 Accounting requirements. (1) A mortgage
broker shall use generally accepted accounting principles.
(2) Except as otherwise provided in subsection (3) of this
section, a mortgage broker shall maintain accurate and current books and records which shall be readily available at the
mortgage broker's usual business location until at least
twenty-five months have elapsed following the effective
period to which the books and records relate.
(3) Where a mortgage broker's usual business location is
outside of the state of Washington, the mortgage broker shall,
as determined by the director by rule, either maintain its
books and records at a location in this state, or reimburse the
director for his or her expenses, including but not limited to
transportation, food, and lodging expenses, relating to any
examination or investigation resulting under this chapter.
(4) "Books and records" includes but is not limited to:
(a) Copies of all advertisements placed by or at the
request of the mortgage broker which mention rates or fees.
In the case of radio or television advertisements, or advertisements placed on a telephonic information line or other electronic source of information including but not limited to a
computer data base or electronic bulletin board, a mortgage
broker shall keep copies of the precise script for the advertisement. All advertisement records shall include for each
advertisement the date or dates of publication and name of
each periodical, broadcast station, or telephone information
line which published the advertisement or, in the case of a
flyer or other material distributed by the mortgage broker, the
dates, methods, and areas of distribution; and
(2004 Ed.)
19.146.100
(b) Copies of all documents, notes, computer records if
not stored in printed form, correspondence or memoranda
relating to a borrower from whom the mortgage broker has
accepted a deposit or other funds, or accepted a residential
mortgage loan application or with whom the mortgage broker
has entered into an agreement to assist in obtaining a residential mortgage loan. [1997 c 106 § 6; 1994 c 33 § 20; 1987 c
391 § 8.]
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.070
19.146.070 Fee, commission, or compensation—
When permitted. (1) Except as otherwise permitted by this
section, a mortgage broker shall not receive a fee, commission, or compensation of any kind in connection with the
preparation, negotiation, and brokering of a residential mortgage loan unless a borrower actually obtains a loan from a
lender on the terms and conditions agreed upon by the borrower and mortgage broker.
(2) A mortgage broker may:
(a) If the mortgage broker has obtained for the borrower
a written commitment from a lender for a loan on the terms
and conditions agreed upon by the borrower and the mortgage broker, and the borrower fails to close on the loan
through no fault of the mortgage broker, charge a fee not to
exceed three hundred dollars for services rendered, preparation of documents, or transfer of documents in the borrower's
file which were prepared or paid for by the borrower if the fee
is not otherwise prohibited by the Truth-in-Lending Act, 15
U.S.C. Sec. 1601, and Regulation Z, 12 C.F.R. Sec. 226, as
now or hereafter amended; or
(b) Solicit or receive fees for third party provider goods
or services in advance. Fees for any goods or services not
provided must be refunded to the borrower and the mortgage
broker may not charge more for the goods and services than
the actual costs of the goods or services charged by the third
party provider. [1993 c 468 § 13; 1987 c 391 § 9.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.080
19.146.080 Borrowers unable to obtain loans—Mortgage broker to provide copies of certain documents—
Conditions—Exceptions. Except as otherwise required by
the United States Code or the Code of Federal Regulations,
now or as amended, if a borrower is unable to obtain a loan
for any reason and the borrower has paid for an appraisal, title
report, or credit report in full, the mortgage broker shall give
a copy of the appraisal, title report, or credit report to the borrower and transmit the originals to any other mortgage broker
or lender to whom the borrower directs that the documents be
transmitted. Regardless of whether the borrower has obtained
a loan, the mortgage broker must provide the copies or transmit the documents within five days after the borrower has
made the request in writing. [1997 c 106 § 7; 1987 c 391 §
10.]
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.100
19.146.100 Violations of chapter—Application of
consumer protection act. The legislature finds that the
practices governed by this chapter are matters vitally affect[Title 19 RCW—page 207]
19.146.110
Title 19 RCW: Business Regulations—Miscellaneous
ing the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. Any violation of
this chapter is not reasonable in relation to the development
and preservation of business and is an unfair or deceptive act
or practice and unfair method of competition in the conduct
of trade or commerce in violation of RCW 19.86.020. Remedies provided by chapter 19.86 RCW are cumulative and not
exclusive. [1994 c 33 § 25; 1987 c 391 § 12.]
19.146.110
19.146.110 Criminal penalty. Any person who violates any provision of this chapter other than RCW
19.146.050 or any rule or order of the director is guilty of a
misdemeanor punishable under chapter 9A.20 RCW. [2003
c 53 § 159; 1993 c 468 § 20; 1987 c 391 § 13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.200
19.146.200 License—Required—Independent contractor—Suit or action as mortgage broker—Display of
license. (1) A person may not engage in the business of a
mortgage broker, except as an employee of a person licensed
or exempt from licensing, without first obtaining and maintaining a license under this chapter. However, a person who
independently contracts with a licensed mortgage broker
need not be licensed if the licensed mortgage broker and the
independent contractor have on file with the director a binding written agreement under which the licensed mortgage
broker assumes responsibility for the independent contractor's violations of any provision of this chapter or rules
adopted under this chapter; and if the licensed mortgage broker's bond or other security required under this chapter runs
to the benefit of the state and any person who suffers loss by
reason of the independent contractor's violation of any provision of this chapter or rules adopted under this chapter.
(2) A person may not bring a suit or action for the collection of compensation as a mortgage broker unless the plaintiff alleges and proves that he or she was a duly licensed
mortgage broker, or exempt from the license requirement of
this chapter, at the time of offering to perform or performing
any such an act or service regulated by this chapter. This subsection does not apply to suits or actions for the collection or
compensation for services performed prior to October 31,
1993.
(3) The license must be prominently displayed in the
mortgage broker's place of business. [1997 c 106 § 8; 1994 c
33 § 7; 1993 c 468 § 5.]
Severability—1997 c 106: See note following RCW 19.146.010.
Effective dates—1993 c 468: "(1) Sections 2 through 4, 9, 13, and 21
through 23 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [May 17,
1993].
(2) Sections 6 through 8, 10, 18, and 19 of this act shall take effect September 1, 1993.
(3) Sections 1, 5, 11, 12, 14 through 17, and 20 of this act shall take
effect October 31, 1993. However, the effective date of section 5 of this act
may be delayed thirty days upon an order of the director of licensing under
section 7(3) of this act." [1993 c 468 § 26.] The director of licensing did not
delay the effective date.
[Title 19 RCW—page 208]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
19.146.205
19.146.205 License—Application—Exchange of fingerprint data with federal bureau of investigation—
Fee—Bond or alternative. (1) Application for a mortgage
broker license under this chapter shall be in writing and in the
form prescribed by the director. The application shall contain
at least the following information:
(a) The name, address, date of birth, and social security
number of the applicant, and any other names, dates of birth,
or social security numbers previously used by the applicant,
unless waived by the director;
(b) If the applicant is a partnership or association, the
name, address, date of birth, and social security number of
each general partner or principal of the association, and any
other names, dates of birth, or social security numbers previously used by the members, unless waived by the director;
(c) If the applicant is a corporation, the name, address,
date of birth, and social security number of each officer,
director, registered agent, and each principal stockholder, and
any other names, dates of birth, or social security numbers
previously used by the officers, directors, registered agents,
and principal stockholders unless waived by the director;
(d) The street address, county, and municipality where
the principal business office is to be located;
(e) The name, address, date of birth, and social security
number of the applicant's designated broker, and any other
names, dates of birth, or social security numbers previously
used by the designated broker and a complete set of the designated broker's fingerprints taken by an authorized law
enforcement officer; and
(f) Such other information regarding the applicant's or
designated broker's background, financial responsibility,
experience, character, and general fitness as the director may
require by rule.
(2) The director may exchange fingerprint data with the
federal bureau of investigation.
(3) At the time of filing an application for a license under
this chapter, each applicant shall pay to the director the
appropriate application fee in an amount determined by rule
of the director in accordance with RCW 43.24.086 to cover,
but not exceed, the cost of processing and reviewing the
application. The director shall deposit the moneys in the
financial services regulation fund, unless the consumer services account is created as a dedicated, nonappropriated
account, in which case the director shall deposit the moneys
in the consumer services account.
(4)(a) Each applicant for a mortgage broker's license
shall file and maintain a surety bond, in an amount of not
greater than sixty thousand dollars nor less than twenty thousand dollars which the director deems adequate to protect the
public interest, executed by the applicant as obligor and by a
surety company authorized to do a surety business in this
state as surety. The bonding requirement as established by the
director may take the form of a uniform bond amount for all
licensees or the director may establish by rule a schedule
establishing a range of bond amounts which shall vary
according to the annual average number of loan originators or
independent contractors of a licensee. The bond shall run to
the state of Washington as obligee, and shall run first to the
(2004 Ed.)
Mortgage Broker Practices Act
benefit of the borrower and then to the benefit of the state and
any person or persons who suffer loss by reason of the applicant's or its loan originator's violation of any provision of this
chapter or rules adopted under this chapter. The bond shall be
conditioned that the obligor as licensee will faithfully conform to and abide by this chapter and all rules adopted under
this chapter, and shall reimburse all persons who suffer loss
by reason of a violation of this chapter or rules adopted under
this chapter. Borrowers shall be given priority over the state
and other persons. The state and other third parties shall be
allowed to receive distribution pursuant to a valid claim
against the remainder of the bond. In the case of claims made
by any person or entity who is not a borrower, no final judgment may be entered prior to one hundred eighty days following the date the claim is filed. The bond shall be continuous
and may be canceled by the surety upon the surety giving
written notice to the director of its intent to cancel the bond.
The cancellation shall be effective thirty days after the notice
is received by the director. Whether or not the bond is
renewed, continued, reinstated, reissued, or otherwise
extended, replaced, or modified, including increases or
decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be liable in an aggregate or cumulative amount exceeding the
penal sum set forth on the face of the bond. In no event shall
the penal sum, or any portion thereof, at two or more points
in time be added together in determining the surety's liability.
The bond shall not be liable for any penalties imposed on the
licensee, including, but not limited to, any increased damages
or attorneys' fees, or both, awarded under RCW 19.86.090.
The applicant may obtain the bond directly from the surety or
through a group bonding arrangement involving a professional organization comprised of mortgage brokers if the
arrangement provides at least as much coverage as is required
under this subsection.
(b) In lieu of a surety bond, the applicant may, upon
approval by the director, file with the director a certificate of
deposit, an irrevocable letter of credit, or such other instrument as approved by the director by rule, drawn in favor of
the director for an amount equal to the required bond.
(c) In lieu of the surety bond or compliance with (b) of
this subsection, an applicant may obtain insurance or coverage from an association comprised of mortgage brokers that
is organized as a mutual corporation for the sole purpose of
insuring or self-insuring claims that may arise from a violation of this chapter. An applicant may only substitute coverage under this subsection for the requirements of (a) or (b) of
this subsection if the director, with the consent of the insurance commissioner, has authorized such association to organize a mutual corporation under such terms and conditions as
may be imposed by the director to ensure that the corporation
is operated in a financially responsible manner to pay any
claims within the financial responsibility limits specified in
(a) of this subsection. [2001 c 177 § 4; 1997 c 106 § 9; 1994
c 33 § 8; 1993 c 468 § 6.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
(2004 Ed.)
19.146.220
19.146.210 License—Requirements for issuance—
Denial—Validity—Surrender—Interim license—Rules.
(1) The director shall issue and deliver a mortgage broker
license to an applicant if, after investigation, the director
makes the following findings:
(a) The applicant has paid the required license fees;
(b) The applicant has complied with RCW 19.146.205;
(c) Neither the applicant, any of its principals, or the designated broker have had a license issued under this chapter or
any similar state statute suspended or revoked within five
years of the filing of the present application;
(d) Neither the applicant, any of its principals, or the designated broker have been convicted of a gross misdemeanor
involving dishonesty or financial misconduct or a felony
within seven years of the filing of the present application;
(e) The designated broker, (i) has at least two years of
experience in the residential mortgage loan industry or has
completed the educational requirements established by rule
of the director and (ii) has passed a written examination
whose content shall be established by rule of the director; and
(f) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the
confidence of the community and to warrant a belief that the
business will be operated honestly, fairly, and efficiently
within the purposes of this chapter.
(2) If the director does not find the conditions of subsection (1) of this section have been met, the director shall not
issue the license. The director shall notify the applicant of the
denial and return to the applicant the bond or approved alternative and any remaining portion of the license fee that
exceeds the department's actual cost to investigate the
license.
(3) The director shall issue a license under this chapter to
any licensee issued a license under chapter 468, Laws of
1993, that has a valid license and is otherwise in compliance
with the provisions of this chapter.
(4) A license issued pursuant to this chapter is valid from
the date of issuance with no fixed date of expiration.
(5) A licensee may surrender a license by delivering to
the director written notice of surrender, but the surrender
does not affect the licensee's civil or criminal liability arising
from acts or omissions occurring before such surrender.
(6) To prevent undue delay in the issuance of a license
and to facilitate the business of a mortgage broker, an interim
license with a fixed date of expiration may be issued when
the director determines that the mortgage broker has substantially fulfilled the requirements for licensing as defined by
rule. [1997 c 106 § 10; 1994 c 33 § 10; 1993 c 468 § 7.]
19.146.210
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.215 Continuing education—Rules. The designated broker of every licensee shall complete an annual continuing education requirement, which the director shall
define by rule. [1997 c 106 § 11; 1994 c 33 § 11.]
19.146.215
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.220 Director—Powers and duties—Violations
as separate violations—Rules. (1) The director shall
19.146.220
[Title 19 RCW—page 209]
19.146.221
Title 19 RCW: Business Regulations—Miscellaneous
enforce all laws and rules relating to the licensing of mortgage brokers, grant or deny licenses to mortgage brokers, and
hold hearings.
(2) The director may impose the following sanctions:
(a) Deny applications for licenses for: (i) Violations of
orders, including cease and desist orders issued under this
chapter; or (ii) any violation of RCW 19.146.050 or
19.146.0201 (1) through (9);
(b) Suspend or revoke licenses for:
(i) False statements or omission of material information
on the application that, if known, would have allowed the
director to deny the application for the original license;
(ii) Failure to pay a fee required by the director or maintain the required bond;
(iii) Failure to comply with any directive or order of the
director; or
(iv) Any violation of RCW 19.146.050, 19.146.060(3),
19.146.0201 (1) through (9) or (12), 19.146.205(4), or
19.146.265;
(c) Impose fines on the licensee, employee or loan originator of the licensee, or other person subject to this chapter
for:
(i) Any violations of RCW 19.146.0201 (1) through (9)
or (12), 19.146.030 through 19.146.080, 19.146.200,
19.146.205(4), or 19.146.265; or
(ii) Failure to comply with any directive or order of the
director;
(d) Issue orders directing a licensee, its employee or loan
originator, or other person subject to this chapter to:
(i) Cease and desist from conducting business in a manner that is injurious to the public or violates any provision of
this chapter; or
(ii) Pay restitution to an injured borrower; or
(e) Issue orders removing from office or prohibiting
from participation in the conduct of the affairs of a licensed
mortgage broker, or both, any officer, principal, employee, or
loan originator of any licensed mortgage broker or any person subject to licensing under this chapter for:
(i) Any violation of 19.146.0201 (1) through (9) or (12),
19.146.030 through 19.146.080, 19.146.200, 19.146.205(4),
or 19.146.265; or
(ii) False statements or omission of material information
on the application that, if known, would have allowed the
director to deny the application for the original license;
(iii) Conviction of a gross misdemeanor involving dishonesty or financial misconduct or a felony after obtaining a
license; or
(iv) Failure to comply with any directive or order of the
director.
(3) Each day's continuance of a violation or failure to
comply with any directive or order of the director is a separate and distinct violation or failure.
(4) The director shall establish by rule standards for
licensure of applicants licensed in other jurisdictions.
(5) The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
[Title 19 RCW—page 210]
shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 106
§ 12; 1997 c 58 § 879; 1996 c 103 § 1; 1994 c 33 § 12; 1993
c 468 § 8.]
Reviser's note: *(1) 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to certify
for noncompliance with residential provisions of a parenting plan were
vetoed. See RCW 74.20A.320.
(2) This section was amended by 1997 c 58 § 879 and by 1997 c 106 §
12, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1997 c 106: See note following RCW 19.146.010.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1996 c 103: "This act shall take effect July 1, 1996."
[1996 c 103 § 2.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.221
19.146.221 Action by director—Hearing—Sanction.
The director may, at his or her discretion and as provided for
in *RCW 19.146.220(2), take any action specified in RCW
19.146.220(1). If the person subject to such action does not
appear in person or by counsel at the time and place designated for any administrative hearing that may be held on the
action then the person shall be deemed to consent to the
action. If the person subject to the action consents, or if after
hearing the director finds by a preponderance of the evidence
that any grounds for sanctions under this chapter exist, then
the director may impose any sanction authorized by this
chapter. [1994 c 33 § 13.]
*Reviser's note: RCW 19.146.220 was amended by 1996 c 103 § 1,
which deleted subsection (2).
19.146.223
19.146.223 Director—Administration and interpretation. The director shall have the power and broad administrative discretion to administer and interpret the provisions of
this chapter to fulfill the intent of the legislature as expressed
in RCW 19.146.005. [1994 c 33 § 2.]
19.146.225
19.146.225 Director—Rule-making powers. In accordance with the administrative procedure act, chapter 34.05
RCW, the director may issue rules under this chapter only
after seeking the advice of the mortgage brokerage commission and to govern the activities of licensed mortgage brokers
and other persons subject to this chapter. [1994 c 33 § 15;
1993 c 468 § 9.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.227
19.146.227 Cease and desist order—Action to enjoin
and enforce. Whenever the director determines that the public is likely to be substantially injured by delay in issuing a
(2004 Ed.)
Mortgage Broker Practices Act
cease and desist order, the director may immediately issue a
temporary cease and desist order. The order shall become
effective at the time specified in the order. Every temporary
cease and desist order shall include a provision that a hearing
will be held, within fourteen days unless otherwise specified
in chapter 34.05 RCW, upon request to determine whether
the order will become permanent.
If it appears that a person has engaged in an act or practice constituting a violation of a provision of this chapter, or
a rule or order under this chapter, the director, with or without
prior administrative proceedings, may bring an action in the
superior court to enjoin the acts or practices and to enforce
compliance with this chapter or any rule or order under this
chapter. Upon proper showing, injunctive relief or temporary
restraining orders shall be granted. The director shall not be
required to post a bond in any court proceedings. [1994 c 33
§ 14.]
19.146.228
19.146.228 Fees—Rules—Exception. The director
shall establish fees by rule in accordance with RCW
43.24.086 sufficient to cover, but not exceed, the costs of
administering this chapter. These fees may include:
(1) An annual assessment paid by each licensee on or
before a date specified by rule;
(2) An investigation fee to cover the costs of any investigation of the books and records of a licensee or other person
subject to this chapter; and
(3) An application fee to cover the costs of processing
applications made to the director under this chapter.
Mortgage brokers shall not be charged investigation fees
for the processing of complaints when the investigation
determines that no violation of this chapter occurred or when
the mortgage broker provides a remedy satisfactory to the
complainant and the director and no order of the director is
issued. All moneys, fees, and penalties collected under the
authority of this chapter shall be deposited into the financial
services regulation fund, unless the consumer services
account is created as a dedicated, nonappropriated account, in
which case all moneys, fees, and penalties collected under
this chapter shall be deposited in the consumer services
account. [2001 c 177 § 5; 1997 c 106 § 13; 1994 c 33 § 9.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.240
ignee, examine the business, including but not limited to the
books, accounts, records, and files used therein, of every licensee and of every person engaged in the business of mortgage brokering, whether such a person shall act or claim to
act under or without the authority of this chapter. For that
purpose the director and designated representatives shall
have access during regular business hours to the offices and
places of business, books, accounts, papers, records, files,
safes, and vaults of all such persons. The director or designated person may direct or order the attendance of and examine under oath all persons whose testimony may be required
about the loans or the business or subject matter of any such
examination or investigation, and may direct or order such
person to produce books, accounts, records, files, and any
other documents the director or designated person deems relevant to the inquiry. If a person who receives such a directive
or order does not attend and testify, or does not produce the
requested books, records, files, or other documents within the
time period established in the directive or order, then the
director or designated person may issue a subpoena requiring
attendance or compelling production of books, records, files,
or other documents. No person subject to examination or
investigation under this chapter shall withhold, abstract,
remove, mutilate, destroy, or secrete any books, records,
computer records, or other information.
Once during the first two years of licensing, the director
may visit, either personally or by designee, the licensee's
place or places of business to conduct a compliance examination. The director may examine, either personally or by designee, a sample of the licensee's loan files, interview the licensee or other designated employee or independent contractor, and undertake such other activities as necessary to ensure
that the licensee is in compliance with the provisions of this
chapter. For those licensees issued licenses prior to March
21, 1994, the cost of such an examination shall be considered
to have been prepaid in their license fee. After this one visit
within the two-year period subsequent to issuance of a
license, the director or a designee may visit the licensee's
place or places of business only to ensure that corrective
action has been taken or to investigate a complaint. [1997 c
106 § 14; 1994 c 33 § 17; 1993 c 468 § 11.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.230
19.146.230 Administrative procedure act application. The proceedings for denying license applications, issuing cease and desist orders, suspending or revoking licenses,
and imposing civil penalties or other remedies issued pursuant to this chapter and any appeal therefrom or review thereof
shall be governed by the provisions of the administrative procedure act, chapter 34.05 RCW. [1994 c 33 § 16; 1993 c 468
§ 10.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.235
19.146.235 Director—Investigation powers—Duties
of person subject to examination or investigation. For the
purposes of investigating complaints arising under this chapter, the director may at any time, either personally or by a des(2004 Ed.)
19.146.240 Violations—Claims against bond or alternative. (1) The director or any person injured by a violation
of this chapter may bring an action against the surety bond or
approved alternative of the licensed mortgage broker who
committed the violation or who employed or engaged the
loan originator who committed the violation.
(2)(a) The director or any person who is damaged by the
licensee's or its loan originator's violation of this chapter, or
rules adopted under this chapter, may bring suit upon the
surety bond or approved alternative in the superior court of
any county in which jurisdiction over the licensee may be
obtained. Jurisdiction shall be exclusively in the superior
court. Any such action must be brought not later than one
year after the alleged violation of this chapter or rules
adopted under this chapter. Except as provided in subsection
19.146.240
[Title 19 RCW—page 211]
19.146.245
Title 19 RCW: Business Regulations—Miscellaneous
(2)(b) of this section, in the event valid claims of borrowers
against a bond or deposit exceed the amount of the bond or
deposit, each borrower claimant shall only be entitled to a pro
rata amount, based on the amount of the claim as it is valid
against the bond or deposit, without regard to the date of filing of any claim or action. If, after all valid borrower claims
are paid, valid claims by nonborrower claimants exceed the
remaining amount of the bond or deposit, each nonborrower
claimant shall only be entitled to a pro rata amount, based on
the amount of the claim as it is valid against the bond or
deposit, without regard to the date of the filing or any claim
or action. A judgment arising from a violation of this chapter
or rule adopted under this chapter shall be entered for actual
damages and in no case be less than the amount paid by the
borrower to the licensed mortgage broker plus reasonable
attorneys' fees and costs. In no event shall the surety bond or
approved alternative provide payment for any trebled or
punitive damages.
(b) Borrowers shall be given priority over the director
and other persons in distributions in actions against the surety
bond. The director and other third parties shall then be entitled to distribution to the extent of their claims as found valid
against the remainder of the bond. In the case of claims made
by any person or entity who is not a borrower, no final judgment may be entered prior to one hundred eighty days following the date the claim is filed. This provision regarding priority shall not restrict the right of any claimant to file a claim
within one year.
(3) The remedies provided under this section are cumulative and nonexclusive and do not affect any other remedy
available at law. [1997 c 106 § 15; 1994 c 33 § 21; 1993 c
468 § 14.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.245
19.146.245 Violations—Liability. A licensed mortgage broker is liable for any conduct violating this chapter by
the designated broker, a loan originator, or other licensed
mortgage broker while employed or engaged by the licensed
mortgage broker. [1997 c 106 § 16; 1994 c 33 § 22; 1993 c
468 § 15.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.250
19.146.250 Authority restricted to person named in
license—Exceptions. No license issued under the provisions
of this chapter shall authorize any person other than the person to whom it is issued to do any act by virtue thereof nor to
operate in any other manner than under his or her own name
except:
(1) A licensed mortgage broker may operate or advertise
under a name other than the one under which the license is
issued by obtaining the written consent of the director to do
so; and
(2) A broker may establish one or more branch offices
under a name or names different from that of the main office
[Title 19 RCW—page 212]
if the name or names are approved by the director, so long as
each branch office is clearly identified as a branch or division
of the main office. Both the name of the branch office and of
the main office must clearly appear on the sign identifying
the office, if any, and in any advertisement or on any letterhead of any stationery or any forms, or signs used by the
mortgage firm on which either the name of the main or
branch offices appears. [1997 c 106 § 17; 1993 c 468 § 16.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.260
19.146.260 Registered agent for brokers without
physical office in state—Venue. Every licensed mortgage
broker that does not maintain a physical office within the
state must maintain a registered agent within the state to
receive service of any lawful process in any judicial or
administrative noncriminal suit, action, or proceeding against
the licensed mortgage broker which arises under this chapter
or any rule or order under this chapter, with the same force
and validity as if served personally on the licensed mortgage
broker. Service upon the registered agent shall not be effective unless the plaintiff, who may be the director in a suit,
action, or proceeding instituted by him or her, no later than
the next business day sends notice of the service and a copy
of the process by registered mail to the defendant or respondent at the last address of the respondent or defendant on file
with the director. In any judicial action, suit, or proceeding
arising under this chapter or any rule or order adopted under
this chapter between the department or director and a licensed
mortgage broker who does not maintain a physical office in
this state, venue shall be exclusively in the superior court of
Thurston county. [2000 c 171 § 74; 1997 c 106 § 18; 1994 c
33 § 23; 1993 c 468 § 17.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.265
19.146.265 Branch offices—Fee—Licenses—Rules.
A licensed mortgage broker may apply to the director for
authority to establish one or more branch offices under the
same or different name as the main office upon the payment
of a fee as prescribed by the director by rule. Provided that
the applicant is in good standing with the department, as
defined in rule by the director, the director shall promptly
issue a duplicate license for each of the branch offices showing the location of the main office and the particular branch.
Each duplicate license shall be prominently displayed in the
office for which it is issued. [1997 c 106 § 19; 1994 c 33 §
24; 1993 c 468 § 18.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.280
19.146.280 Mortgage brokerage commission—Code
of conduct—Complaint review. (1) There is established the
mortgage brokerage commission consisting of five commis(2004 Ed.)
Mortgage Loan Servicing
sion members who shall act in an advisory capacity to the
director on mortgage brokerage issues.
(2) The director shall appoint the members of the commission, weighing the recommendations from professional
organizations representing mortgage brokers. At least three
of the commission members shall be mortgage brokers
licensed under this chapter and at least one shall be exempt
from licensure under RCW 19.146.020(1)(f). No commission
member shall be appointed who has had less than five years'
experience in the business of residential mortgage lending. In
addition, the director or a designee shall serve as an ex officio, nonvoting member of the commission. Voting members
of the commission shall serve for two-year terms with three
of the initial commission members serving one-year terms.
The department shall provide staff support to the commission.
(3) The commission may establish a code of conduct for
its members. Any commissioner may bring a motion before
the commission to remove a commissioner for failing to conduct themselves in a manner consistent with the code of conduct. The motion shall be in the form of a recommendation to
the director to dismiss a specific commissioner and shall enumerate causes for doing so. The commissioner in question
shall recuse himself or herself from voting on any such
motion. Any such motion must be approved unanimously by
the remaining four commissioners. Approved motions shall
be immediately transmitted to the director for review and
action.
(4) Members of the commission shall be reimbursed for
their travel expenses incurred in carrying out the provisions
of this chapter in accordance with RCW 43.03.050 and
43.03.060. All costs and expenses associated with the commission shall be paid from the financial services regulation
fund, unless the consumer services account is created as a
dedicated, nonappropriated account, in which case all costs
and expenses shall be paid from the consumer services
account.
(5) The commission shall advise the director on the characteristics and needs of the mortgage brokerage profession.
(6) The department, in consultation with other applicable
agencies of state government, shall conduct a continuing
review of the number and type of consumer complaints arising from residential mortgage lending in the state. The
department shall report its findings to the senate committee
on financial institutions and house of representatives committee on financial institutions and insurance along with recommendations for any changes in the licensing requirements of
this chapter, biennially by December 1st of each even-numbered year. [2001 c 177 § 6; 1997 c 106 § 20; 1994 c 33 § 26;
1993 c 468 § 21.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.900
19.146.900 Short title. This act shall be known and
cited as the "mortgage broker practices act." [1987 c 391 §
2.]
(2004 Ed.)
19.148.020
19.146.901
19.146.901 Severability—1987 c 391. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 391 § 15.]
19.146.902
19.146.902 Severability—1994 c 33. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 33 § 28.]
19.146.903
19.146.903 Effective dates—1994 c 33. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[March 21, 1994], except section 5 of this act which shall
take effect June 1, 1994. [1994 c 33 § 29.]
Chapter 19.148
Chapter 19.148 RCW
MORTGAGE LOAN SERVICING
Sections
19.148.010
19.148.020
19.148.030
19.148.900
Finding—Purpose.
Definitions.
Disclosure requirements—Action for damages.
Effective date—1989 c 98.
19.148.010
19.148.010 Finding—Purpose. The ability of individuals to obtain information relating to their residential mortgage loans is vital to the financial needs of mortgagors in
Washington. The public interest is adversely affected when a
residential mortgage loan's servicing is sold or transferred
with insufficient notification given to the mortgagor. In addition, mortgagors may experience difficulty in obtaining various mortgage loan information including information concerning mortgage loan prepayments, reserve accounts, and
adjustments to monthly payments. The legislature finds that
the legitimate interests of mortgagors and mortgage loan servicers are served if the disclosure of the potential sale of loan
servicing is made to the mortgagor, reasonable notification of
a residential mortgage loan servicing's sale is made, and continued mortgagor access to information regarding the mortgage loan is promoted. [1989 c 98 § 1.]
19.148.020
19.148.020 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) "Lender" shall mean any person in the business of
making a loan.
(2) "Loan" shall mean any loan used to finance the acquisition of a one-to-four family owner occupied residence
located in this state.
(3) "Purchasing servicing agent" is any person who purchases, receives through transfer or assignment, or otherwise
acquires the responsibility of the servicing for a loan.
(4) "Person" shall include an individual, firm, association, partnership, business, trust, corporation, or any other
legal entity whether resident or nonresident. [1989 c 98 § 2.]
[Title 19 RCW—page 213]
19.148.030
Title 19 RCW: Business Regulations—Miscellaneous
19.148.030
19.148.030 Disclosure requirements—Action for
damages. (1) If the servicing for the loan is subject to sale,
transfer, or assignment, a lender shall so disclose in writing at
the time of or prior to loan closing and shall also disclose in
the same writing that when such servicing is sold, transferred,
or assigned, the purchasing servicing agent is required to provide notification to the mortgagor. If a lender, which has not
provided the notice required by this subsection, consolidates
with, merges with or is acquired by another institution, and
thereafter loan servicing becomes subject to sale, transfer, or
assignment, that institution shall within thirty days of such
transaction make the disclosure in writing to the obligor primarily responsible for repaying each loan according to the
records of the lender.
(2) If the servicing of a loan is sold, assigned, transferred, or otherwise acquired by another person, the purchasing servicing agent shall:
(a)(i) Issue corrected coupon or payment books, if used
and necessary;
(ii) Provide notification to the mortgagor at least thirty
days prior to the due date of the first payment to the purchasing servicing agent, of the name, address, and telephone number of the division from whom the mortgagor can receive
information regarding the servicing of the loan; and
(iii) Inform the mortgagor of changes made regarding the
servicing requirements including, but not limited to, interest
rate, monthly payment amount, and escrow balance; and
(b) Respond within fifteen business days upon receipt of
a written request for information from a mortgagor. A written
response must include the telephone number of the company
division who can assist the mortgagor.
(3) Any person injured by a violation of this chapter may
bring an action for actual damages and reasonable attorneys'
fees and costs incurred in bringing the action. [1989 c 98 §
3.]
19.148.900
19.148.900 Effective date—1989 c 98. This act shall
take effect on January 1, 1990. [1989 c 98 § 5.]
(2) "Residential mortgage loan" means any loan used for
the purchase of a single-family dwelling or multiple-family
dwelling of four or less units secured by a mortgage or deed
of trust on the residential real estate. [1994 c 295 § 1.]
19.149.020
19.149.020 Purchase money residential mortgage
loans—Provision to borrower of documents used by
lender to evaluate value—Written waiver. A lender shall
provide to the borrower, prior to the closing of a residential
mortgage loan, true and complete copies of all appraisals or
other documents relied upon by the lender in evaluating the
value of the dwelling to be financed. A borrower may waive
in writing the lender's duty to provide the appraisals or other
documents prior to closing. This written waiver may not be
construed to in any way limit the lender's duty to provide the
information to the borrower at a reasonable later date. This
section shall only apply to purchase money residential mortgage loans. [1994 c 295 § 2.]
Chapter 19.150 RCW
SELF-SERVICE STORAGE FACILITIES
Chapter 19.150
Sections
19.150.010
19.150.020
19.150.030
19.150.040
19.150.050
19.150.060
19.150.070
19.150.080
19.150.090
19.150.100
19.150.110
19.150.120
19.150.130
19.150.140
19.150.900
19.150.901
19.150.902
19.150.903
19.150.904
Chapter 19.149
Chapter 19.149 RCW
RESIDENTIAL MORTGAGE LOAN CLOSING—
VALUATION DISCLOSURE
Sections
19.149.010
19.149.020
Definitions.
Purchase money residential mortgage loans—Provision to
borrower of documents used by lender to evaluate value—
Written waiver.
19.149.010
19.149.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Lender" means any person doing business under the
laws of this state or the United States relating to banks, savings banks, trust companies, savings and loan associations,
credit unions, consumer loan companies, insurance companies, real estate investment trusts as defined in 26 U.S.C. Sec.
856 and the affiliates, subsidiaries, and service corporations
thereof, and all other persons who make residential mortgage
loans.
[Title 19 RCW—page 214]
Definitions.
Lien on personal property.
Unpaid rent—Denial of access to storage space.
Unpaid rent—Termination of occupant's rights—Notice.
Form of notice.
Attachment of lien—Notice of lien sale or notice of disposal.
Sale of property.
Manner of sale—Who may not acquire—Excess proceeds—
Accounting.
Claim by persons with a security interest.
Payment prior to sale by persons claiming a right to the property.
Good faith purchasers.
Contract for storage space—Alternative address for notice.
Owner not obligated to provide insurance.
Other rights not impaired.
Short title.
Application of chapter.
Existing rental agreements not affected.
Chapter not applicable to owner subject to Article 62A.7
RCW.
Severability—1988 c 240.
19.150.010
19.150.010 Definitions. For the purposes of this chapter, the following terms shall have the following meanings:
(1) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing
individual storage space to occupants who are to have access
to the space for the purpose of storing and removing personal
property on a self-service basis, but does not include a garage
or other storage area in a private residence. No occupant may
use a self-service storage facility for residential purposes.
(2) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility, his or her agent, or
any other person authorized by him or her to manage the
facility, or to receive rent from an occupant under a rental
agreement.
(3) "Occupant" means a person, or his or her sublessee,
successor, or assign, who is entitled to the use of the storage
space at a self-service storage facility under a rental agreement, to the exclusion of others.
(4) "Rental agreement" means any written agreement or
lease which establishes or modifies the terms, conditions,
(2004 Ed.)
Self-Service Storage Facilities
rules or any other provision concerning the use and occupancy of a self-service storage facility.
(5) "Personal property" means movable property not
affixed to land, and includes, but is not limited to, goods,
merchandise, furniture, and household items.
(6) "Last known address" means that address provided
by the occupant in the latest rental agreement, or the address
provided by the occupant in a subsequent written notice of a
change of address. [1988 c 240 § 2.]
"PRELIMINARY LIEN NOTICE
to (occupant)
(address)
(state)
You owe and have not paid rent and/or other charges for the
use of storage (space number) at (name and address of
self-service storage facility)
Charges that have been due for more than fourteen days and
accruing on or before (date) are itemized as follows:
DUE DATE
19.150.020
19.150.020 Lien on personal property. The owner of
a self-service storage facility and his or her heirs, executors,
administrators, successors, and assigns have a lien upon all
personal property located at a self-service storage facility for
rent, labor, or other charges, present or future, incurred pursuant to the rental agreement, and for expenses necessary for
the preservation, sale, or disposition of personal property
subject to this chapter. The lien may be enforced consistent
with this chapter. However, any lien on a motor vehicle or
boat which has attached and is set forth in the documents of
title to the motor vehicle or boat shall have priority over any
lien created pursuant to this chapter. [1988 c 240 § 3.]
19.150.040
19.150.040 Unpaid rent—Termination of occupant's
rights—Notice. When any part of the rent or other charges
due from an occupant remains unpaid for fourteen consecutive days, an owner may terminate the right of the occupant to
the use of the storage space at a self-service storage facility
by sending a notice to the occupant's last known address, and
to the alternative address specified in RCW 19.150.120(2),
by first class mail, postage prepaid, containing all of the following:
(1) An itemized statement of the owner's claim showing
the sums due at the time of the notice and the date when the
sums become due.
(2) A statement that the occupant's right to use the storage space will terminate on a specified date (not less than
fourteen days after the mailing of the notice) unless all sums
due and to become due by that date are paid by the occupant
prior to the specified date.
(3) A notice that the occupant may be denied or continue
to be denied, as the case may be, access to the storage space
after the termination date if the sums are not paid, and that an
owner's lien, as provided for in RCW 19.150.020 may be
imposed thereafter.
(4) The name, street address, and telephone number of
the owner, or his or her designated agent, whom the occupant
may contact to respond to the notice. [1988 c 240 § 5.]
19.150.050
19.150.050 Form of notice. A notice in substantially
the following form shall satisfy the requirements of RCW
19.150.040:
(2004 Ed.)
DESCRIPTION
AMOUNT
TOTAL $ ___
IF this sum is not paid in full before (date at least fourteen
days from mailing) , your right to use the storage space
will terminate, you may be denied, or continue to be
denied, access and an owner's lien on any stored property
will be imposed. You may pay the sum due and contact the
owner at:
(Name)
(Address)
(State)
(Telephone)
(Date)
(Owner's Signature) "
19.150.030
19.150.030 Unpaid rent—Denial of access to storage
space. When any part of the rent or other charges due from
an occupant remains unpaid for six consecutive days, and the
rental agreement so provides, an owner may deny the occupant access to the storage space at a self-service storage facility. [1988 c 240 § 4.]
19.150.060
[1988 c 240 § 6.]
19.150.060
19.150.060 Attachment of lien—Notice of lien sale or
notice of disposal. If a notice has been sent, as required by
RCW 19.150.040, and the total sum due has not been paid as
of the date specified in the preliminary lien notice, the lien
proposed by this notice attaches as of that date and the owner
may deny an occupant access to the space, enter the space,
inventory the goods therein, and remove any property found
therein to a place of safe keeping. The owner shall then serve
by personal service or send to the occupant, addressed to the
occupant's last known address and to the alternative address
specified in RCW 19.150.120(2) by certified mail, postage
prepaid, a notice of lien sale or notice of disposal which shall
state all of the following:
(1) That the occupant's right to use the storage space has
terminated and that the occupant no longer has access to the
stored property.
(2) That the stored property is subject to a lien, and the
amount of the lien accrued and to accrue prior to the date
required to be specified in subsection (3) of this section.
(3) That the property, other than personal papers and personal effects, may be sold to satisfy the lien after a specified
date which is not less than fourteen days from the date of
mailing the lien sale notice, or a minimum of forty-two days
after the date when any part of the rent or other charges due
from the occupants remain unpaid, whichever is later, unless
the amount of the lien is paid. If the total value of property in
the storage space is less than three hundred dollars, the owner
may, instead of sale, dispose of the property in any reasonable manner, subject to the restrictions of RCW
19.150.080(4).
(4) That any excess proceeds of the sale or other disposition under RCW 19.150.080(2) over the lien amount and
costs of sale will be retained by the owner and may be
reclaimed by the occupant, or claimed by another person, at
[Title 19 RCW—page 215]
19.150.070
Title 19 RCW: Business Regulations—Miscellaneous
any time for a period of six months from the sale and that
thereafter the proceeds will be turned over to the state as
abandoned property as provided in RCW 63.29.165.
(5) That any personal papers and personal effects will be
retained by the owner and may be reclaimed by the occupant
at any time for a period of six months from the sale or other
disposition of property and that thereafter the owner may dispose of the personal papers and effects in a reasonable manner, subject to the restrictions of RCW 19.150.080(3).
(6) That the occupant has no right to repurchase any
property sold at the lien sale. [1996 c 220 § 1; 1993 c 498 §
5; 1988 c 240 § 7.]
Application—1996 c 220: "This act shall only apply to rental agreements entered into, extended, or renewed after June 6, 1996. Rental agreements entered into before June 6, 1996, which provide for monthly rental
payments but providing no specific termination date shall be subject to this
act on the first monthly rental payment date next succeeding June 6, 1996."
[1996 c 220 § 4.]
other disposition to the occupant at the occupant's last known
address and at the alternative address. [1996 c 220 § 2; 1993
c 498 § 6; 1988 c 240 § 9.]
Application—1996 c 220: See note following RCW 19.150.060.
19.150.090
19.150.090 Claim by persons with a security interest.
Any person who has a perfected security interest under *Article 62A.9 RCW of the uniform commercial code may claim
any personal property subject to the security interest and subject to a lien pursuant to this chapter by paying the total
amount due, as specified in the lien notices, for the storage of
the property. Upon payment of the total amount due, the
owner shall deliver possession of the particular property subject to the security interest to the person who paid the total
amount due. The owner shall not be liable to any person for
any action taken pursuant to this section if the owner has fully
complied with RCW 19.150.050 and 19.150.060. [1988 c
240 § 10.]
19.150.070
19.150.070 Sale of property. The owner, subject to
RCW 19.150.090 and 19.150.100, may sell the property,
other than personal papers and personal effects, upon complying with the requirements set forth in RCW 19.150.080.
[1988 c 240 § 8.]
19.150.080
19.150.080 Manner of sale—Who may not acquire—
Excess proceeds—Accounting. (1) After the expiration of
the time given in the notice of lien sale pursuant to RCW
19.150.060, the property, other than personal papers and personal effects, may be sold or disposed of in a reasonable manner.
(2)(a) If the property has a value of three hundred dollars
or more, the sale shall be conducted in a commercially reasonable manner, and, after deducting the amount of the lien
and costs of sale, the owner shall retain any excess proceeds
of the sale on the occupant's behalf. The occupant, or any
other person having a court order or other judicial process
against the property, may claim the excess proceeds, or a portion thereof sufficient to satisfy the particular claim, at any
time within six months of the date of sale.
(b) If the property has a value of less than three hundred
dollars, the property may be disposed of in a reasonable manner.
(3) Personal papers and personal effects that are not
reclaimed by the occupant within six months of a sale under
subsection (2)(a) of this section or other disposition under
subsection (2)(b) of this section may be disposed of in a reasonable manner.
(4) No employee or owner, or family member of an
employee or owner, may acquire, directly or indirectly, the
property sold pursuant to subsection (2)(a) of this section or
disposed of pursuant to subsection (2)(b) of this section, or
personal papers and personal effects disposed of under subsection (3) of this section.
(5) The owner is entitled to retain any interest earned on
the excess proceeds until the excess proceeds are claimed by
another person or are turned over to the state as abandoned
property pursuant to RCW 63.29.165.
(6) After the sale or other disposition pursuant to this
section has been completed, the owner shall provide an
accounting of the disposition of the proceeds of the sale or
[Title 19 RCW—page 216]
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
19.150.100
19.150.100 Payment prior to sale by persons claiming
a right to the property. Prior to any sale pursuant to RCW
19.150.080, any person claiming a right to the goods may pay
the amount necessary to satisfy the lien and the reasonable
expenses incurred for particular actions taken pursuant to this
chapter. In that event, the goods shall not be sold, but shall be
retained by the owner subject to the terms of this chapter
pending a court order directing a particular disposition of the
property. [1988 c 240 § 11.]
19.150.110
19.150.110 Good faith purchasers. A purchaser in
good faith of goods disposed of pursuant to RCW
19.150.080(2) takes the goods free of any rights of persons
against whom the lien was claimed, despite noncompliance
by the owner of the storage facility with this chapter. [1996 c
220 § 3; 1988 c 240 § 12.]
Application—1996 c 220: See note following RCW 19.150.060.
19.150.120
19.150.120 Contract for storage space—Alternative
address for notice. (1) Each contract for the rental or lease
of individual storage space in a self-service storage facility
shall be in writing and shall contain, in addition to the provisions otherwise required or permitted by law to be included,
a statement requiring the occupant to disclose any lienholders
or secured parties who have an interest in the property that is
or will be stored in the self-service storage facility, a statement that the occupant's property will be subject to a claim of
lien and may even be sold to satisfy the lien if the rent or
other charges due remain unpaid for fourteen consecutive
days, and that such actions are authorized by this chapter.
(2) The lien authorized by this chapter shall not attach,
unless the rental agreement requests, and provides space for,
the occupant to give the name and address of another person
to whom the preliminary lien notice and subsequent notices
required to be given under this chapter may be sent. Notices
sent pursuant to RCW 19.150.040 or 19.150.060 shall be sent
to the occupant's address and the alternative address, if both
addresses are provided by the occupant. Failure of an occu(2004 Ed.)
Immigration Assistant Practices Act
pant to provide an alternative address shall not affect an
owner's remedies under this chapter or under any other provision of law. [1988 c 240 § 13.]
19.150.130
19.150.130 Owner not obligated to provide insurance. Any insurance protecting the personal property stored
within the storage space against fire, theft, or damage is the
responsibility of the occupant. The owner is under no obligation to provide insurance. [1988 c 240 § 14.]
19.150.140
19.150.140 Other rights not impaired. Nothing in this
chapter may be construed to impair or affect the right of the
parties to create additional rights, duties, and obligations
which do not conflict with the provisions of this chapter. The
rights provided by this chapter shall be in addition to all other
rights provided by law to a creditor against his or her debtor.
[1988 c 240 § 15.]
19.154.040
19.154.050
19.154.060
19.154.070
19.154.080
19.154.090
19.154.100
19.154.900
19.154.901
19.154.902
19.154.030
Registration required.
Change of address.
Nonlegal assistance permitted.
Written contract—Requirements—Right to rescind.
Prohibited activities.
Unfair and deceptive act—Unfair method of competition.
Penalty.
Short title.
Severability—1989 c 117.
Effective date—1989 c 117.
19.154.010
19.154.010 Findings. The legislature finds and declares
that assisting persons regarding immigration matters substantially affects the public interest. The practices of immigration
assistants have a significant impact on the residents of the
state of Washington. It is the intent of the legislature to establish rules of practice and conduct for immigration assistants
to promote honesty and fair dealing with residents and to preserve public confidence. [1989 c 117 § 1.]
19.154.020
19.150.900
19.150.900 Short title. This chapter shall be known as
the "Washington self-service storage facility act." [1988 c
240 § 1.]
19.150.901
19.150.901 Application of chapter. This chapter shall
only apply to rental agreements entered into, extended, or
renewed after June 9, 1988. Rental agreements entered into
before June 9, 1988, which provide for monthly rental payments but providing no specific termination date shall be subject to this chapter on the first monthly rental payment date
next succeeding June 9, 1988. [1988 c 240 § 16.]
19.150.902
19.150.902 Existing rental agreements not affected.
All rental agreements entered into before June 9, 1988, and
not extended or renewed after that date, or otherwise made
subject to this chapter pursuant to RCW 19.150.901, and the
rights, duties, and interests flowing from them, shall remain
valid, and may be enforced or terminated in accordance with
their terms or as permitted by any other statute or law of this
state. [1988 c 240 § 17.]
19.150.903
19.150.903 Chapter not applicable to owner subject
to Article 62A.7 RCW. If an owner issues any warehouse
receipt, bill of lading, or other document of title for the personal property stored, the owner and the occupant are subject
to Article 62A.7 RCW (commencing with RCW 62A.7-101)
of the uniform commercial code and this chapter does not
apply. [1988 c 240 § 18.]
19.150.904
19.150.904 Severability—1988 c 240. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 240 § 23.]
Chapter 19.154 RCW
IMMIGRATION ASSISTANT PRACTICES ACT
Chapter 19.154
Sections
19.154.010
19.154.020
19.154.030
(2004 Ed.)
Findings.
Definitions.
Exemptions.
19.154.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Immigration assistant" means every person who, for
compensation or the expectation of compensation, gives nonlegal assistance on an immigration matter. That assistance is
limited to:
(a) Transcribing responses to a government agency form
selected by the customer which is related to an immigration
matter, but does not include advising a person as to his or her
answers on those forms;
(b) Translating a person's answer to questions posed on
those forms;
(c) Securing for a person supporting documents currently in existence, such as birth and marriage certificates,
which may be needed to submit with those forms;
(d) Making referrals to attorneys who could undertake
legal representation for a person in an immigration matter.
(2) "Immigration matter" means any proceeding, filing,
or action affecting the nonimmigrant, immigrant, or citizenship status of any person which arises under immigration and
naturalization law, executive order, or presidential proclamation, or which arises under action of the United States immigration and naturalization service, the United States department of labor, or the United States department of state.
(3) "Compensation" means money, property, or anything
else of value. [1989 c 117 § 2.]
19.154.030
19.154.030 Exemptions. The following persons are
exempt from all provisions of this chapter:
(1) An attorney licensed to practice law in this state
where such attorney renders services in the course of his or
her practice as an attorney and a legal intern, as described by
court rule, or paralegal employed by and under the direct
supervision of such an attorney;
(2) A nonprofit corporation or clinic affiliated with a law
school in this state that provides immigration consulting services to clients without charge beyond a request for reimbursement of the corporation's or clinic's reasonable costs
relating to providing immigration services to that client.
"Reasonable costs" include, but are not limited to, the costs of
photocopying, telephone calls, document requests, and the
filing fees for immigration forms. [1989 c 117 § 3.]
[Title 19 RCW—page 217]
19.154.040
Title 19 RCW: Business Regulations—Miscellaneous
19.154.040
19.154.040 Registration required. Any person who
wishes to engage in the business of an immigration assistant
must register with the secretary of state's office and provide
his or her name, business address, home address, and business and home telephone numbers. [1989 c 117 § 4.]
19.154.050
19.154.050 Change of address. Immigration assistants
who have registered must inform the secretary of state of any
changes in their name, addresses, or telephone numbers
within thirty days of the change. [1989 c 117 § 5.]
(4) Represent or advertise, in connection with the provision of immigration assistance, other titles or credentials,
including but not limited to "notary public" or "immigration
consultant" that could cause a customer to believe that the
immigration assistant possesses special professional skills;
(5) Communicate in any manner, oral or written, that
registration under this chapter is an indicator of special skill
or expertise or that it allows the person to provide advice on
an immigration matter;
(6) Give any legal advice concerning an immigration
matter. [1989 c 117 § 8.]
19.154.060
19.154.060 Nonlegal assistance permitted. Immigration assistants shall offer or provide only nonlegal assistance
in an immigration matter as defined in RCW 19.154.020.
[1989 c 117 § 6.]
19.154.070
19.154.070 Written contract—Requirements—Right
to rescind. (1) Before providing any assistance, an immigration assistant who has agreed to provide immigration assistance to a customer shall provide the customer with a written
contract that includes the following provisions:
(a) An explanation of the services to be performed;
(b) Identification of all compensation and costs to be
charged to the customer for the services to be performed;
(c) A statement that documents submitted in support of
an application for nonimmigrant, immigrant, or naturalization status may not be retained by the assistant for any purpose, including payment of compensation or costs;
(d) A statement that the immigration assistant is not an
attorney and may not perform legal services. This statement
shall be on the face of the contract in ten-point bold type
print; and
(e) A statement that the customer has seventy-two hours
to rescind the contract. This statement shall be conspicuously
set forth in the contract.
(2) The written contract shall be stated in both English
and in the language of the customer.
(3) A copy of the written contract shall be provided to the
customer by the immigration assistant upon execution of the
contract.
(4) A customer has the right to rescind a contract within
seventy-two hours of the signing of the contract.
(5) Any documents identified in subsection (1)(c) of this
section shall be returned upon demand of the customer.
[1989 c 117 § 7.]
19.154.090 Unfair and deceptive act—Unfair method
of competition. The legislature finds and declares that any
violation of this chapter substantially affects the public interest and is an unfair and deceptive act or practice and unfair
method of competition in the conduct of trade or commerce
as set forth in RCW 19.86.020. [1989 c 117 § 9.]
19.154.090
19.154.100 Penalty. A violation of this chapter shall be
punished as a gross misdemeanor according to chapter 9A.20
RCW. [1989 c 117 § 10.]
19.154.100
19.154.900 Short title. This chapter shall be known and
cited as the "immigration assistant practices act." [1989 c
117 § 11.]
19.154.900
19.154.901 Severability—1989 c 117. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 117 § 14.]
19.154.901
19.154.902 Effective date—1989 c 117. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1989.
[1989 c 117 § 15.]
19.154.902
Chapter 19.158 RCW
COMMERCIAL TELEPHONE SOLICITATION
Chapter 19.158
Sections
19.158.010
19.158.020
19.158.030
19.158.040
19.158.050
19.154.080
19.154.080 Prohibited activities. In the course of dealing with customers or prospective customers, an immigration
assistant shall not:
(1) Make any statement that the immigration assistant
can or will obtain special favors from or has special influence
with the United States immigration and naturalization service;
(2) Retain any compensation for services not performed;
(3) Refuse to return documents supplied by, prepared by,
or paid for by the customer upon the request of the customer.
These documents must be returned upon request even if there
is a fee dispute between the immigration assistant and the
customer;
[Title 19 RCW—page 218]
19.158.070
19.158.080
19.158.090
19.158.100
19.158.110
19.158.120
19.158.130
19.158.140
19.158.150
19.158.160
19.158.170
19.158.900
19.158.901
Findings.
Definitions.
Violation an unfair or deceptive act.
Unprofessional conduct.
Registration requirements—Unprofessional conduct—Suspension of license or certificate for noncompliance with support order—Reinstatement.
Appointment of agent to receive process.
Duties of director.
Injunctive relief—Other applicable law.
Requiring payment by credit card prohibited.
Commercial telephone solicitor—Duties and prohibited acts—
Notice to customers.
Cancellation of purchases—Requirements—Notice—Voidable contracts.
Damages, costs, attorneys' fees—Remedies not limited.
Civil penalties.
Registration required—Penalty.
Penalties.
Uniform regulation of business and professions act.
Severability—1989 c 20.
Effective date—1989 c 20.
Automatic dialing and announcing devices prohibited: RCW 80.36.400.
(2004 Ed.)
Commercial Telephone Solicitation
Commercial and nonprofit telephone solicitation: RCW 80.36.390.
19.158.010 Findings. The use of telephones for commercial solicitation is rapidly increasing. This form of communication offers unique benefits, but entails special risks
and poses potential for abuse. The legislature finds that the
widespread practice of fraudulent commercial telephone
solicitation is a matter vitally affecting the public interest for
the purpose of applying the consumer protection act, chapter
19.86 RCW. For the general welfare of the public and in
order to protect the integrity of the telemarketing industry,
the commercial use of telephones must be regulated by law.
[1989 c 20 § 1.]
19.158.010
19.158.020
19.158.020 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) A "commercial telephone solicitor" is any person
who engages in commercial telephone solicitation, including
service bureaus.
(2) "Commercial telephone solicitation" means:
(a) An unsolicited telephone call to a person initiated by
a salesperson and conversation for the purpose of inducing
the person to purchase or invest in property, goods, or services;
(b) Other communication with a person where:
(i) A free gift, award, or prize is offered to a purchaser
who has not previously purchased from the person initiating
the communication; and
(ii) A telephone call response is invited; and
(iii) The salesperson intends to complete a sale or enter
into an agreement to purchase during the course of the telephone call;
(c) Other communication with a person which misrepresents the price, quality, or availability of property, goods, or
services and which invites a response by telephone or which
is followed by a call to the person by a salesperson;
(d) For purposes of this section, "other communication"
means a written or oral notification or advertisement transmitted through any means.
(3) A "commercial telephone solicitor" does not include
any of the following:
(a) A person engaging in commercial telephone solicitation where:
(i) The solicitation is an isolated transaction and not done
in the course of a pattern of repeated transactions of like
nature; or
(ii) Less than sixty percent of such person's prior year's
sales were made as a result of a commercial telephone solicitation as defined in this chapter. Where more than sixty percent of a seller's prior year's sales were made as a result of
commercial telephone solicitations, the service bureau contracting to provide commercial telephone solicitation services to the seller shall be deemed a commercial telephone
solicitor;
(b) A person making calls for religious, charitable, political, or other noncommercial purposes;
(c) A person soliciting business solely from purchasers
who have previously purchased from the business enterprise
for which the person is calling;
(d) A person soliciting:
(2004 Ed.)
19.158.020
(i) Without the intent to complete or obtain provisional
acceptance of a sale during the telephone solicitation; and
(ii) Who does not make the major sales presentation during the telephone solicitation; and
(iii) Who only makes the major sales presentation or
arranges for the major sales presentation to be made at a later
face-to-face meeting between the salesperson and the purchaser;
(e) A person selling a security which is exempt from registration under RCW 21.20.310;
(f) A person licensed under RCW 18.85.090 when the
solicited transaction is governed by that law;
(g) A person registered under RCW 18.27.060 when the
solicited transaction is governed by that law;
(h) A person licensed under RCW 48.17.150 when the
solicited transaction is governed by that law;
(i) Any person soliciting the sale of a franchise who is
registered under RCW 19.100.140;
(j) A person primarily soliciting the sale of a newspaper
of general circulation, a magazine or periodical, or contractual plans, including book or record clubs: (i) Under which
the seller provides the consumer with a form which the consumer may use to instruct the seller not to ship the offered
merchandise; and (ii) which is regulated by the federal trade
commission trade regulation concerning "use of negative
option plans by sellers in commerce";
(k) Any supervised financial institution or parent, subsidiary, or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust
company, savings and loan association, mutual savings
banks, credit union, industrial loan company, personal property broker, consumer finance lender, commercial finance
lender, or insurer, provided that the institution is subject to
supervision by an official or agency of this state or the United
States;
(l) A person soliciting the sale of a prearrangement
funeral service contract registered under RCW 18.39.240 and
18.39.260;
(m) A person licensed to enter into prearrangement contracts under RCW 68.05.155 when acting subject to that
license;
(n) A person soliciting the sale of services provided by a
cable television system operating under authority of a franchise or permit;
(o) A person or affiliate of a person whose business is
regulated by the utilities and transportation commission or
the federal communications commission;
(p) A person soliciting the sale of agricultural products,
as defined in RCW 20.01.010 where the purchaser is a business;
(q) An issuer or subsidiary of an issuer that has a class of
securities that is subject to section 12 of the securities
exchange act of 1934 (15 U.S.C. Sec. 781) and that is either
registered or exempt from registration under paragraph (A),
(B), (C), (E), (F), (G), or (H) of subsection (g) of that section;
(r) A commodity broker-dealer as defined in RCW
21.30.010 and registered with the commodity futures trading
commission;
(s) A business-to-business sale where:
(i) The purchaser business intends to resell the property
or goods purchased, or
[Title 19 RCW—page 219]
19.158.030
Title 19 RCW: Business Regulations—Miscellaneous
(ii) The purchaser business intends to use the property or
goods purchased in a recycling, reuse, remanufacturing or
manufacturing process;
(t) A person licensed under RCW 19.16.110 when the
solicited transaction is governed by that law;
(u) A person soliciting the sale of food intended for
immediate delivery to and immediate consumption by the
purchaser;
(v) A person soliciting the sale of food fish or shellfish
when that person is licensed pursuant to the provisions of
Title 77 RCW.
(4) "Purchaser" means a person who is solicited to
become or does become obligated to a commercial telephone
solicitor.
(5) "Salesperson" means any individual employed,
appointed, or authorized by a commercial telephone solicitor,
whether referred to by the commercial telephone solicitor as
an agent, representative, or independent contractor, who
attempts to solicit or solicits a sale on behalf of the commercial telephone solicitor.
(6) "Service bureau" means a commercial telephone
solicitor who contracts with any person to provide commercial telephone solicitation services.
(7) "Seller" means any person who contracts with any
service bureau to purchase commercial telephone solicitation
services.
(8) "Person" includes any individual, firm, association,
corporation, partnership, joint venture, sole proprietorship, or
any other business entity.
(9) "Free gift, award, or prize" means a gratuity which
the purchaser believes of a value equal to or greater than the
value of the specific product, good, or service sought to be
sold to the purchaser by the seller.
(10) "Solicit" means to initiate contact with a purchaser
for the purpose of attempting to sell property, goods or services, where such purchaser has expressed no previous interest in purchasing, investing in, or obtaining information
regarding the property, goods, or services attempted to be
sold. [2003 c 39 § 12; 1989 c 20 § 3.]
19.158.030
19.158.030 Violation an unfair or deceptive act.
Unfair and deceptive telephone solicitation is not reasonable
in relation to the development and preservation of business.
A violation of this chapter is an unfair or deceptive act in
trade or commerce for the purpose of applying the consumer
protection act, chapter 19.86 RCW. [1989 c 20 § 2.]
19.158.040
19.158.040 Unprofessional conduct. In addition to the
unprofessional conduct described in RCW 18.235.130, the
director of the department of licensing may take disciplinary
action for any of the following conduct, acts, or conditions:
(1) It shall be unlawful for any person to engage in unfair
or deceptive commercial telephone solicitation.
(2) A commercial telephone solicitor shall not place calls
to any residence which will be received before 8:00 a.m. or
after 9:00 p.m. at the purchaser's local time.
(3) A commercial telephone solicitor may not engage in
any conduct the natural consequence of which is to harass,
intimidate, or torment any person in connection with the telephone call. [2002 c 86 § 284; 1989 c 20 § 4.]
[Title 19 RCW—page 220]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.158.050
19.158.050 Registration requirements—Unprofessional conduct—Suspension of license or certificate for
noncompliance with support order—Reinstatement. (1)
In order to maintain or defend a lawsuit or do any business in
this state, a commercial telephone solicitor must be registered
with the department of licensing. Prior to doing business in
this state, a commercial telephone solicitor shall register with
the department of licensing. Doing business in this state
includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in
Washington.
(2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require
the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including
past business history, prior judgments, and such other information as may be useful to purchasers.
(3) The department of licensing shall issue a registration
number to the commercial telephone solicitor.
(4) In addition to the unprofessional conduct described in
RCW 18.235.130, the director of the department of licensing
may take disciplinary action for any of the following conduct,
acts, or conditions:
(a) Failing to maintain a valid registration;
(b) Advertising that one is registered as a commercial
telephone solicitor or representing that such registration constitutes approval or endorsement by any government or governmental office or agency;
(c) Representing that a person is registered or that such
person has a valid registration number when such person
does not.
(5) An annual registration fee shall be assessed by the
department of licensing, the amount of which shall be determined at the discretion of the director of the department of
licensing, and which shall be reasonably related to the cost of
administering the provisions of this chapter.
(6) The department shall immediately suspend the
license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a
support order. If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the
department's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance with the order. [2002 c 86 § 285; 1997 c 58 § 853;
1989 c 20 § 5.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
(2004 Ed.)
Commercial Telephone Solicitation
19.158.070
19.158.070 Appointment of agent to receive process.
Each commercial telephone solicitor shall appoint the director of the department of licensing as an agent to receive civil
process under this chapter if the commercial telephone solicitor has no properly registered agent, if the agent has
resigned, or if the agent cannot, after reasonable diligence, be
found. [1989 c 20 § 7.]
19.158.080
19.158.080 Duties of director. The director of the
department of licensing may make rules, create forms, and
issue orders as necessary to carry out the provisions of this
chapter, pursuant to chapter 34.05 RCW. [1989 c 20 § 8.]
19.158.090
19.158.090 Injunctive relief—Other applicable law.
The director of the department of licensing may refer such
evidence as may be available concerning violations of this
chapter or of any rule or order hereunder to the attorney general or the proper prosecuting attorney, who may in his or her
discretion, with or without such a reference, in addition to
any other action they might commence, bring an action in the
name of the state against any person to restrain and prevent
the doing of any act or practice herein prohibited or declared
unlawful: PROVIDED, That this chapter shall be considered
in conjunction with chapters 9.04 and 19.86 RCW and the
powers and duties of the attorney general and the prosecuting
attorney as they may appear in chapters 9.04 and 19.86 RCW
shall apply against all persons subject to this chapter. [1989
c 20 § 9.]
19.158.100
19.158.100 Requiring payment by credit card prohibited. It is a violation of this chapter for a commercial telephone solicitor to require that payment be by credit card
authorization or otherwise to announce a preference for that
method of payment over any other for unfair or deceptive reasons. [1989 c 20 § 10.]
19.158.110
19.158.110 Commercial telephone solicitor—Duties
and prohibited acts—Notice to customers. (1) Within the
first minute of the telephone call, a commercial telephone
solicitor or salesperson shall:
(a) Identify himself or herself, the company on whose
behalf the solicitation is being made, the property, goods, or
services being sold; and
(b) Terminate the telephone call within ten seconds if the
purchaser indicates he or she does not wish to continue the
conversation.
(2) If at any time during the telephone contact, the purchaser states or indicates that he or she does not wish to be
called again by the commercial telephone solicitor or wants
to have his or her name and individual telephone number
removed from the telephone lists used by the commercial
telephone solicitor:
(a) The commercial telephone solicitor shall not make
any additional commercial telephone solicitation of the called
party at that telephone number within a period of at least one
year; and
(b) The commercial telephone solicitor shall not sell or
give the called party's name and telephone number to another
commercial telephone solicitor: PROVIDED, That the commercial telephone solicitor may return the list, including the
(2004 Ed.)
19.158.120
called party's name and telephone number, to the company or
organization from which it received the list.
(3) The utilities and transportation commission shall by
rule ensure that telecommunications companies inform their
residential customers of the provisions of this section. The
notification may be made by:
(a) Annual inserts in the billing statements mailed to residential customers; or
(b) Conspicuous publication of the notice in the consumer information pages of local telephone directories.
(4) If a sale or an agreement to purchase is completed,
the commercial telephone solicitor must inform the purchaser
of his or her cancellation rights as enunciated in this chapter,
state the registration number issued by the department of
licensing, and give the street address of the seller.
(5) If, at any time prior to sale or agreement to purchase,
the commercial telephone solicitor's registration number is
requested by the purchaser, it must be provided.
(6) All oral disclosures required by this section shall be
made in a clear and intelligible manner. [1989 c 20 § 11.]
19.158.120 Cancellation of purchases—Requirements—Notice—Voidable contracts. (1) A purchase of
property, goods, or services ordered as a result of a commercial telephone solicitation as defined in this chapter, if not
followed by a written confirmation, is not final. The confirmation must contain an explanation of the consumer's rights
under this section and a statement indicating where notice of
cancellation should be sent. The purchaser may give notice of
cancellation to the seller in writing within three business days
after receipt of the confirmation. If the commercial telephone
solicitor has not provided an address for receipt of such
notice, cancellation is effective by mailing the notice to the
department of licensing.
(2) Notice of cancellation shall be given by certified
mail, return receipt requested, and shall be effective when
mailed. Notice of cancellation given by the purchaser need
not take a particular form and is sufficient if it indicates by
any form of written expression the name, address, and telephone number of the purchaser and the purchaser's stated
intention not to be bound by the sale.
(3) If a commercial telephone solicitor or a seller, if different, violates this chapter in making a sale, or fails to
deliver an item within forty-two calendar days, the contract is
voidable by giving written notice to the seller and the purchaser is entitled to a return from the seller within fourteen
days of all consideration paid. Upon receipt by the purchaser
of the consideration paid to the seller, the purchaser shall
make available to the seller, at a reasonable time and place,
the items received by the purchaser. Any cost of returning the
items received by the purchaser shall be borne by the seller,
by providing or guaranteeing payment for return shipping. If
such payment is not provided or guaranteed, the purchaser
may keep without further obligation the items received.
(4) Any contract, agreement to purchase, or written confirmation executed by a seller which purports to waive the
purchaser's rights under this chapter is against public policy
and shall be unenforceable: PROVIDED, That an agreement
between a purchaser and seller to extend the delivery time of
an item to more than forty-two days shall be enforceable if
the seller has a reasonable basis to expect that he or she will
19.158.120
[Title 19 RCW—page 221]
19.158.130
Title 19 RCW: Business Regulations—Miscellaneous
be unable to ship the item within forty-two days and if the
agreement is included in the terms of the written confirmation.
(5) Where a contract or agreement to purchase confers
on a purchaser greater rights to cancellation, refund, or return
than those enumerated in this chapter, such contract shall be
enforceable, and not in violation of this chapter: PROVIDED, That all rights under such a contract or agreement to
purchase must be specifically stated in a written confirmation
sent pursuant to this section.
(6) The provisions of this section shall not reduce,
restrict, or eliminate any existing rights or remedies available
to purchasers. [1989 c 20 § 12.]
19.158.130
19.158.130 Damages, costs, attorneys' fees—Remedies not limited. In addition to any other penalties or remedies under chapter 19.86 RCW, a person who is injured by a
violation of this chapter may bring an action for recovery of
actual damages, including court costs and attorneys' fees. No
provision in this chapter shall be construed to limit any right
or remedy provided under chapter 19.86 RCW. [1989 c 20 §
13.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
19.158.170
19.158.170 Uniform regulation of business and professions act. The uniform regulation of business and professions act, chapter 18.235 RCW, governs unlicensed practice,
the issuance and denial of licenses, and the discipline of licensees under this chapter. [2002 c 86 § 286.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.158.900
19.158.900 Severability—1989 c 20. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 20 § 19.]
19.158.901
19.158.901 Effective date—1989 c 20. The effective
date of this act shall be January 1, 1990. [1989 c 20 § 20.]
Chapter 19.160
19.158.140
19.158.140 Civil penalties. A civil penalty shall be
imposed by the court for each violation of this chapter in an
amount not less than five hundred dollars nor more than two
thousand dollars per violation. [1989 c 20 § 14.]
Chapter 19.160 RCW
BUSINESS TELEPHONE LISTINGS
Sections
19.160.010
19.160.020
19.160.030
Definitions.
Finding—Application of consumer protection act.
Misrepresentation of geographic location—Floral products.
19.158.150
19.158.150 Registration required—Penalty. No
salesperson shall solicit purchasers on behalf of a commercial
telephone solicitor who is not currently registered with the
department of licensing pursuant to this chapter. Any salesperson who violates this section is guilty of a misdemeanor.
[1989 c 20 § 15.]
19.158.160
19.158.160 Penalties. (1) Except as provided in RCW
19.158.150, any person who knowingly violates any provision of this chapter or who knowingly, directly or indirectly
employs any device, scheme or artifice to deceive in connection with the offer or sale by any commercial telephone solicitor is guilty of the following:
(a) If the value of a transaction made in violation of
RCW 19.158.040(1) is less than fifty dollars, the person is
guilty of a misdemeanor;
(b) If the value of a transaction made in violation of
RCW 19.158.040(1) is fifty dollars or more, then the person
is guilty of a gross misdemeanor; and
(c) If the value of a transaction made in violation of
RCW 19.158.040(1) is two hundred fifty dollars or more,
then the person is guilty of a class C felony.
(2) When any series of transactions which constitute a
violation of this section would, when considered separately,
constitute a series of misdemeanors or gross misdemeanors
because of the value of the transactions, and the series of
transactions are part of a common scheme or plan, the transactions may be aggregated in one count and the sum of the
value of all the transactions shall be the value considered in
determining whether the violations are to be punished as a
class C felony or a gross misdemeanor. [2003 c 53 § 160;
1989 c 20 § 16.]
[Title 19 RCW—page 222]
19.160.010
19.160.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain
geographic area and distributed free of charge to some or all
telephone subscribers in that area.
(2) "Local telephone number" means a telephone number
that can be dialed without incurring long distance charges
from telephones located within the area covered by the local
telephone directory in which the number is listed. The term
does not include long distance numbers, toll-free numbers, or
900 exchange numbers listed in a local telephone directory.
(3) "Person" means an individual, partnership, limited
liability partnership, corporation, or limited liability corporation. [1999 c 156 § 1.]
19.160.020
19.160.020 Finding—Application of consumer protection act. The legislature finds that the practices covered
by this chapter are matters vitally affecting the public interest
for the purpose of applying the consumer protection act,
chapter 19.86 RCW. Violations of this chapter are not reasonable in relation to the development and preservation of
business. A violation of this chapter is an unfair or deceptive
act in trade or commerce and an unfair method of competition
for the purpose of applying the consumer protection act,
chapter 19.86 RCW. [1999 c 156 § 3.]
19.160.030
19.160.030 Misrepresentation of geographic location—Floral products. No person engaged in the selling,
delivery, or solicitation of cut flowers, flower arrangements,
(2004 Ed.)
Pay-Per-Call Information Delivery Services
or floral products may misrepresent his, her, or its geographic
location by:
(1) Listing a local telephone number in a local telephone
directory if:
(a) Calls to the telephone number are routinely forwarded or otherwise transferred to a business location that is
outside the calling area covered by the local telephone directory; and
(b) The listing fails to conspicuously disclose the locality
and state in which the business is located; or
(2) Listing a business name in a local telephone directory
if:
(a) The name misrepresents the business's geographic
location; and
(b) The listing fails to disclose the locality and state in
which the business is located. [1999 c 156 § 2.]
Chapter 19.162
Chapter 19.162 RCW
PAY-PER-CALL INFORMATION
DELIVERY SERVICES
Sections
19.162.010
19.162.020
19.162.030
19.162.040
19.162.050
19.162.060
19.162.070
Application of consumer protection act—Scope.
Definitions.
Program message preamble.
Advertisement of services.
Services directed at children.
Nonpayment of charges.
Violations—Action for damages.
Information delivery services through exclusive number prefix or service
access code: RCW 80.36.500.
19.162.010
19.162.010 Application of consumer protection act—
Scope. (1) The legislature finds that the deceptive use of payper-call information delivery services is a matter vitally
affecting the public interest for the purpose of applying the
consumer protection act, chapter 19.86 RCW.
(2) The deceptive use of pay-per-call information delivery services is not reasonable in relation to the development
and preservation of business. A violation of this chapter is an
unfair or deceptive act in trade or commerce for the purpose
of applying the consumer protection act, chapter 19.86 RCW,
and constitutes an act of deceptive pay-per-call information
delivery service.
(3) This chapter applies to a communication made by a
person in Washington or to a person in Washington. [1991 c
191 § 1.]
19.162.030
tion provider generally receives a portion of the revenue from
the calls. "Information provider" does not include the
medium for advertising information delivery services.
(4) "Interactive program" means a program that allows
an information delivery service caller, once connected to the
information provider's delivery service, to use the caller's
telephone device to access more specific information or further information or to talk to other callers during the call.
(5) "Telecommunications company" includes every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers
appointed by any court whatsoever, and every city or town
owning, operating, or managing any facilities used to provide
telecommunications for hire, sale, or resale to the general
public within the state of Washington.
(6) "Interexchange carrier" means a carrier providing
transmissions between local access and transport areas interstate or intrastate.
(7) "Billing services" means billing and collection services provided to information providers whether by the local
exchange company or the interexchange carrier.
(8) "Program message" means the information that a
caller hears or receives upon placing a call to an information
provider.
(9) "Advertisement" includes all radio, television, or
other broadcast, video, newspaper, magazine, or publication,
billboard, direct mail, print media, telemarketing, or any promotion of an information delivery service, program, or number, and includes brochures, pamphlets, fliers, coupons, promotions, or the labeling of products or in-store communications circulated or distributed in any manner whatsoever.
"Advertisement" does not include any listing in a white page
telephone directory. In a yellow page telephone directory,
"advertisement" includes only yellow page display advertising.
(10) "Subscriber" means the person in whose name an
account is billed.
(11) "Does business in Washington" includes providing
information delivery services to Washington citizens, advertising information delivery services in Washington, entering
into a contract for billing services in Washington, entering
into a contract in Washington with a telecommunications
company or interexchange carrier for transmission services,
or having a principal place of business in Washington. [1991
c 191 § 2.]
19.162.030
19.162.020
19.162.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Person" means an individual, corporation, the state
or its subdivisions or agencies, business trust, estate, trust,
partnership, association, cooperative, or any other legal
entity.
(2) "Information delivery services" means telephonerecorded messages, interactive programs, or other information services that are provided for a charge to a caller through
an exclusive telephone number prefix or service access code.
(3) "Information provider" means the person who provides the information, prerecorded message, or interactive
program for the information delivery service. The informa(2004 Ed.)
19.162.030 Program message preamble. (1) An information provider that does business in Washington must
include a preamble in all program messages for:
(a) Programs costing more than five dollars per minute;
or
(b) Programs having a total potential cost of greater than
ten dollars.
(2) The preamble must:
(a) Accurately describe the service that will be provided
by the program;
(b) Advise the caller of the price of the call, including:
(i) Any per minute charge;
(ii) Any flat rate charge; and
(iii) Any minimum charge;
[Title 19 RCW—page 223]
19.162.040
Title 19 RCW: Business Regulations—Miscellaneous
(c) State that billing will begin shortly after the end of the
introductory message; and
(d) Be clearly articulated, at a volume equal to that of the
program message, in plain English or the language used to
promote the information delivery service, and spoken in a
normal cadence.
(3) Mechanisms that provide for the option of bypassing
the preamble are only permitted when:
(a) The caller has made use of the information provider's
service in the past, at which time the preamble required by
this section was part of the program message; and
(b) The cost of the call has not changed during the thirtyday period before the call.
(4) When an information provider's program message
consists of a polling application that permits the caller to register an opinion or vote on a matter by completing a call, this
section does not apply. [1991 c 191 § 3.]
19.162.040
19.162.040 Advertisement of services. An information
provider that does business in Washington shall comply with
the following provisions in its advertisement of information
delivery services:
(1) Advertisements for information delivery services that
are broadcast by radio or television, contained in home videos, or that appear on movie screens must include a voiceover announcement that is clearly audible and articulates the
price of the service provided. The announcement must be
made at a volume equal to that used to announce the telephone number, spoken in a normal cadence, and in plain
English or the language used in the advertisement.
(2) Advertisements for information delivery services that
are broadcast by television, contained in home videos, or that
appear on movie screens must include, in clearly visible letters and numbers, the cost of calling the advertised number.
This visual disclosure of the cost of the call must be displayed
adjacent to the number to be called whenever the number is
shown in the advertisement, and the lettering of the visual
disclosure of the cost must be in the same size and typeface as
that of the number to be called.
(3)(a) Except as otherwise provided in (b) of this subsection, advertisements for information delivery services that
appear in print must include, in clearly visible letters and
numbers, the cost of calling the advertised number. The
printed disclosure of the cost of the call must be displayed
adjacent to the number to be called wherever the number is
shown in the advertisement.
(b) In telephone directory yellow page display advertising and in printed materials published not more than three
times a year, instead of disclosing the cost of the service,
advertisements for information delivery services, shall
include the conspicuous disclosure that the call is a pay-percall service.
(4) The advertised price or cost of the information delivery service must include:
(a) Any per minute charge;
(b) Any flat rate charge; and
(c) Any minimum charge. [1991 c 191 § 4.]
19.162.050
19.162.050 Services directed at children. An information provider that does business in the state of Washington
[Title 19 RCW—page 224]
shall not direct information delivery services to children
under the age of twelve years unless the information provider
complies with the following provisions:
(1) Interactive calls where children under the age of
twelve years can speak to other children under the age of
twelve years are prohibited.
(2) Programs directed to children under the age of twelve
where the children are asked to provide their names,
addresses, telephone numbers, or other identifying information are prohibited.
(3) Advertisements for information delivery services that
are directed to children under the age of twelve years must
contain a visual disclosure that clearly and conspicuously in
the case of print and broadcast advertising, and audibly in the
case of broadcast advertising, states that children under the
age of twelve years must obtain parental consent before placing a call to the advertised number.
(4) Program messages that encourage children under the
age of twelve years to make increased numbers of calls in
order to obtain progressively more valuable prizes, awards,
or similarly denominated items are prohibited.
(5) Advertisements for information delivery services that
are directed to children under the age of twelve years must
contain, in age-appropriate language, an accurate description
of the services being provided. In the case of print advertising, the information must be clear and conspicuous and in the
case of broadcast advertising, it must be visually displayed
clearly and conspicuously and verbally disclosed in an audible, clearly articulated manner.
(6) Program messages that are directed to children under
the age of twelve years that employ broadcast advertising
where an electronic tone signal is emitted during the broadcast of the advertisement that automatically dials the program
message are prohibited. [1991 c 191 § 5.]
19.162.060
19.162.060 Nonpayment of charges. An information
provider's failure to substantially comply with any of the provisions of RCW 19.162.030 through 19.162.050 is a defense
to the nonpayment of charges accrued as a result of using the
information provider's services, billed by any entity, including but not limited to telecommunications companies and
interexchange carriers. [1991 c 191 § 6.]
19.162.070
19.162.070 Violations—Action for damages. A person who suffers damage from a violation of this chapter may
bring an action against an information provider. In an action
alleging a violation of this chapter, the court may award the
greater of three times the actual damages sustained by the
person or five hundred dollars; equitable relief, including but
not limited to an injunction and restitution of money and
property; attorneys' fees and costs; and any other relief that
the court deems proper. For purposes of this section, a telecommunications company or interexchange carrier is a person. [1991 c 191 § 7.]
Chapter 19.166 RCW
INTERNATIONAL STUDENT EXCHANGE
Chapter 19.166
Sections
19.166.010
Intent.
(2004 Ed.)
International Student Exchange
19.166.020
19.166.030
19.166.040
19.166.050
19.166.060
19.166.070
19.166.080
19.166.090
19.166.100
19.166.900
19.166.901
Definitions.
Organization registration.
Organization application for registration—Suspension of
license or certificate for noncompliance with support
order—Reinstatement.
Standards.
Rules—Fee.
Informational document.
Complaints.
Violations—Misdemeanor.
Violations—Consumer protection act.
Severability—1991 c 128.
Effective date—1991 c 128.
19.166.010
19.166.010 Intent. It is the intent of the legislature to:
(1) Promote the health, safety, and welfare of international student exchange visitors in Washington in accordance
with uniform national standards;
(2) Promote quality education and living experiences for
international student exchange visitors living in Washington;
(3) Promote international awareness among Washington
residents, by encouraging Washington residents to interact
with international student exchange visitors;
(4) Encourage public confidence in international student
exchange visitor placement organizations operating in Washington;
(5) Encourage and assist with compliance with United
States information agency regulations and nationally established standards; and
(6) Promote the existence and quality of international
student visitor exchange programs operating in Washington.
[1991 c 128 § 1.]
19.166.020
19.166.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "International student exchange visitor placement
organization" or "organization" means a person, partnership,
corporation, or other entity that regularly arranges the placement of international student exchange visitors for the purpose, in whole or in part, of allowing the student an opportunity to attend school in the United States.
(2) "International student exchange visitor" or "student"
means any person eighteen years of age or under, or up to age
twenty-one if enrolled or to be enrolled in high school in this
state, placed by an international student exchange visitor
placement organization, who enters the United States with a
nonimmigrant visa. [1991 c 128 § 2.]
19.166.030
19.166.030 Organization registration. (1) All international student exchange visitor placement organizations that
place students in public schools in the state shall register with
the secretary of state.
(2) Failure to register is a violation of this chapter.
(3) Information provided to the secretary of state under
this chapter is a public record.
(4) Registration shall not be considered or be represented
as an endorsement of the organization by the secretary of
state or the state of Washington.
(5) On a date established by rule by the secretary of state,
the secretary of state shall provide annually to the superintendent of public instruction a list of all currently registered
international student placement organizations. The superintendent of public instruction shall distribute annually the list
(2004 Ed.)
19.166.040
of all currently registered international student placement
organizations to all Washington state school districts. [1995
c 60 § 1; 1991 c 128 § 3.]
19.166.040
19.166.040 Organization application for registration—Suspension of license or certificate for noncompliance with support order—Reinstatement. (1) An application for registration as an international student exchange visitor placement organization shall be submitted in the form
prescribed by the secretary of state. The application shall
include:
(a) Evidence that the organization meets the standards
established by the secretary of state under RCW 19.166.050;
(b) The name, address, and telephone number of the
organization, its chief executive officer, and the person
within the organization who has primary responsibility for
supervising placements within the state;
(c) The organization's unified business identification
number, if any;
(d) The organization's United States Information Agency
number, if any;
(e) Evidence of council on standards for international
educational travel listing, if any;
(f) Whether the organization is exempt from federal
income tax; and
(g) A list of the organization's placements in Washington
for the previous academic year including the number of students placed, their home countries, the school districts in
which they were placed, and the length of their placements.
(2) The application shall be signed by the chief executive
officer of the organization and the person within the organization who has primary responsibility for supervising placements within Washington. If the secretary of state determines
that the application is complete, the secretary of state shall
file the application and the applicant is registered.
(3) International student exchange visitor placement
organizations that have registered shall inform the secretary
of state of any changes in the information required under subsection (1) of this section within thirty days of the change.
(4) Registration shall be renewed annually as established
by rule by the office of the secretary of state.
(5) The office of the secretary of state shall immediately
suspend the license or certificate of a person who has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation order.
If the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license
or certificate shall be automatic upon the office of the secretary of state's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance with the order. [1997 c 58 § 854; 1995 c 60 § 2; 1991
c 128 § 5.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
[Title 19 RCW—page 225]
19.166.050
Title 19 RCW: Business Regulations—Miscellaneous
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.166.050
19.166.050 Standards. The secretary of state shall
adopt standards for international student exchange visitor
placement organizations. In adopting the standards, the secretary of state shall strive to adopt standards established by the
United States Information Agency and the council on standards for international educational travel and strive to
achieve uniformity with national standards. The secretary of
state may incorporate standards established by the United
States Information Agency or the council on standards for
international educational travel by reference and may accept
an organization's designation by the United States Information Agency or acceptance for listing by the council on standards for international educational travel as evidence of compliance with such standards. [1991 c 128 § 4.]
19.166.060
19.166.060 Rules—Fee. The secretary of state may
adopt rules as necessary to carry out its duties under this
chapter. The rules may include providing for a reasonable
registration fee, not to exceed fifty dollars, to defray the costs
of processing registrations. [1991 c 128 § 6.]
19.166.070
19.166.070 Informational document. International
student exchange organizations that have agreed to provide
services to place students in the state shall provide an informational document, in English, to each student, host family,
and superintendent of the school district in which the student
is being placed. The document shall be provided before
placement and shall include the following:
(1) An explanation of the services to be performed by the
organization for the student, host family, and school district;
(2) A summary of this chapter prepared by the secretary
of state;
(3) Telephone numbers that the student, host family, and
school district may call for assistance. The telephone numbers shall include, at minimum, an in-state telephone number
for the organization, and the telephone numbers of the organization's national headquarters, if any, the United States
Information Agency, and the office of the secretary of state.
[1991 c 128 § 7.]
19.166.080
19.166.080 Complaints. The secretary of state may,
upon receipt of a complaint regarding an international student
exchange organization, report the matter to the organization
involved, the United States Information Agency, or the council on standards for international education travel, as he or
she deems appropriate. [1991 c 128 § 8.]
19.166.090
19.166.090 Violations—Misdemeanor. Any person
who violates any provision of this chapter or who willfully
and knowingly gives false or incorrect information to the secretary of state, attorney general, or county prosecuting attorney in filing statements required by this chapter, whether or
not such statement or report is verified, is guilty of a misdemeanor punishable under chapter 9A.20 RCW. [2000 c 171
§ 75; 1991 c 128 § 9.]
[Title 19 RCW—page 226]
19.166.100
19.166.100 Violations—Consumer protection act.
The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86
RCW. Violations of this chapter are not reasonable in relation
to the development and preservation of business. A violation
of this chapter is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of
applying the consumer protection act, chapter 19.86 RCW.
[1991 c 128 § 10.]
19.166.900
19.166.900 Severability—1991 c 128. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 128 § 16.]
19.166.901
19.166.901 Effective date—1991 c 128. Sections 1
through 11 and 13 through 16 of this act shall take effect January 1, 1992. [1991 c 128 § 17.]
Chapter 19.170 RCW
PROMOTIONAL ADVERTISING OF PRIZES
Chapter 19.170
Sections
19.170.010
19.170.020
19.170.030
19.170.040
19.170.050
19.170.060
19.170.070
19.170.080
19.170.900
Finding—Violations—Consumer protection act—Application.
Definitions.
Disclosures required.
Disclosures—Prizes awarded—Rain checks.
Simulated checks—Continuing obligation checks—Notice.
Damages—Penalties.
Violation—Penalty.
Remedies not exclusive.
Severability—1991 c 227.
19.170.010
19.170.010 Finding—Violations—Consumer protection act—Application. (1) The legislature finds that deceptive promotional advertising of prizes is a matter vitally
affecting the public interest for the purpose of applying the
consumer protection act, chapter 19.86 RCW.
(2) Deceptive promotional advertising of prizes is not
reasonable in relation to the development and preservation of
business. A violation of this chapter is an unfair or deceptive
act in trade or commerce for the purpose of applying the consumer protection act, chapter 19.86 RCW, and constitutes an
act of deceptive promotional advertising.
(3) This chapter applies to a promotion offer:
(a) Made to a person in Washington;
(b) Used to induce or invite a person to come to the state
of Washington to claim a prize, attend a sales presentation,
meet a promoter, sponsor, salesperson, or their agent, or conduct any business in this state; or
(c) Used to induce or invite a person to contact by any
means a promoter, sponsor, salesperson, or their agent in this
state. [1991 c 227 § 1.]
19.170.020
19.170.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Person" means an individual, corporation, the state
or its subdivisions or agencies, business trust, estate, trust,
(2004 Ed.)
Promotional Advertising of Prizes
partnership, association, cooperative, or any other legal
entity.
(2) "Prize" means a gift, award, travel coupon or certificate, free item, or any other item offered in a promotion that
is different and distinct from the goods, service, or property
promoted by a sponsor. "Prize" does not include an item
offered in a promotion where all of the following elements
are present:
(a) No element of chance is involved in obtaining the
item offered in the promotion;
(b) The recipient has the right to review the merchandise
offered for sale without obligation for at least seven days, and
has a right to obtain a full refund in thirty days for the return
of undamaged merchandise;
(c) The recipient may keep the item offered in the promotion without obligation; and
(d) The recipient is not required to attend any sales presentation or spend any sum in order to receive the item
offered in the promotion.
(3) "Promoter" means a person conducting a promotion.
(4) "Promotion" means an advertising program, sweepstakes, contest, direct giveaway, or solicitation directed to
specific named individuals, that includes the award of or
chance to be awarded a prize.
(5) "Offer" means a written notice delivered by hand,
mail, or other print medium offering goods, services, or property made as part of a promotion to a person based on a representation that the person has been awarded, or will be
awarded, a prize.
(6) "Sponsor" means a person on whose behalf a promotion is conducted to promote or advertise goods, services, or
property of that person.
(7) "Simulated check" means a document that is not currency or a check, draft, note, bond, or other negotiable instrument but has the visual characteristics thereof. "Simulated
check" does not include a nonnegotiable check, draft, note, or
other instrument that is used for soliciting orders for the purchase of checks, drafts, notes, bonds, or other instruments
and that is clearly marked as a sample, specimen, or nonnegotiable.
(8) "Continuing obligation check" means a document
that is a check, draft, note, bond, or other negotiable instrument that, when cashed, deposited, or otherwise used,
imposes on the payee an obligation to enter into a loan transaction. This definition does not include checks, drafts, or
other negotiable instruments that are used by consumers to
take advances on revolving loans, credit cards, or revolving
credit accounts.
(9) "Verifiable retail value" means:
(a) A price at which a promoter or sponsor can demonstrate that a substantial number of prizes have been sold at
retail in the local market by a person other than the promoter
or sponsor; or
(b) If the prize is not available for retail sale in the local
market, the retail fair market value in the local market of an
item substantially similar in each significant aspect, including size, grade, quality, quantity, ingredients, and utility; or
(c) If the value of the prize cannot be established under
(a) or (b) of this subsection, then the prize may be valued at
no more than three times its cost to the promoter or sponsor.
(2004 Ed.)
19.170.030
(10) "Financial institution" means any bank, trust company, savings bank, savings and loan association, credit
union, industrial loan company, or consumer finance lender
subject to regulation by an official agency of this state or the
United States, and any subsidiary or affiliate thereof. [1991 c
227 § 2.]
19.170.030
19.170.030 Disclosures required. (1) The offer must
identify the name and address of the promoter and the sponsor of the promotion.
(2) The offer must state the verifiable retail value of each
prize offered in it.
(3)(a) If an element of chance is involved, each offer
must state the odds the participant has of being awarded each
prize. The odds must be expressed in Arabic numerals, in
ratio form, based on the total number of prizes to be awarded
and the total number of offers distributed.
(b) If the promotion identified in the offer is part of a collective promotion with more than one participating sponsor,
that fact must be clearly and conspicuously disclosed.
(c) The odds must be stated in a manner that will not
deceive or mislead a person about that person's chance of
being awarded a prize.
(4) The verifiable retail value and odds for each prize
must be stated in immediate proximity on the same page with
the first listing of each prize in type at least as large as the
typeface used in the standard text of the offer.
(5) If a person is required or invited to view, hear, or
attend a sales presentation in order to claim a prize that has
been awarded, may have been awarded, or will be awarded,
the requirement or invitation must be conspicuously disclosed under subsection (7) of this section to the person in the
offer in bold-face type at least as large as the typeface used in
the standard text of the offer.
(6) No item in an offer may be denominated a prize, gift,
award, premium, or similar term that implies the item is free
if, in order to receive the item or use the item for its intended
purpose the intended recipient is required to spend any sum
of money, including but not limited to shipping fees, deposits, handling fees, payment for one item in order to receive
another at no charge, or the purchase of another item or the
expenditure of funds in order to make meaningful use of the
item awarded in the promotion. The payment of any applicable state or federal taxes by a recipient directly to a government entity is not a violation of this section.
(7) If the receipt of the prize is contingent upon certain
restrictions or qualifications that the recipient must meet, or if
the use or availability of the prize is restricted or qualified in
any way, including, but not limited to restrictions on travel
dates, travel times, classes of travel, airlines, accommodations, travel agents, or tour operators, the restrictions or qualifications must be disclosed on the offer in immediate proximity on the same page with the first listing of the prize in
type at least as large as the typeface used in the standard text
of the offer or, in place thereof, the following statement
printed in direct proximity to the prize or prizes awarded in
type at least as large as the typeface used in the standard text
of the offer:
"Details and qualifications for participation in this
promotion may apply."
[Title 19 RCW—page 227]
19.170.040
Title 19 RCW: Business Regulations—Miscellaneous
This statement must be followed by a disclosure, in the
same size type as the statement, indicating where in the offer
the restrictions may be found. The restrictions must be
printed in type at least as large as the typeface used in the
standard text of the offer.
(8) If a prize will not be awarded or given unless a winning ticket, the offer itself, a token, number, lot, or other
device used to determine winners in a particular promotion is
presented to a promoter or a sponsor, this fact must be clearly
stated on the first page of the offer. [1999 c 31 § 1; 1991 c
227 § 3.]
19.170.040
19.170.040 Disclosures—Prizes awarded—Rain
checks. (1) Before a demonstration, seminar, or sales presentation begins, the promoter shall inform the person of the
prize, if any, the person will receive.
(2) A prize or a voucher, certificate, or other evidence of
obligation given instead of a prize shall be given to a person
at the time the person is informed of the prize, if any, the person will receive.
(3) A copy of the offer shall be returned to the person
receiving the prize at the time the prize is awarded.
(4) It is a violation of this chapter for a promoter or sponsor to include a prize in an offer when the promoter or sponsor knows or has reason to know that the prize will not be
available in a sufficient quantity based upon the reasonably
anticipated response to the offer.
(5)(a) If the prize is not available for immediate delivery
to the recipient, the recipient shall be given, at the promoter
or sponsor's option, a rain check for the prize, the verifiable
retail value of the prize in cash, or a substitute item of equal
or greater verifiable retail value.
(b) If the rain check cannot be honored within thirty
days, the promoter or sponsor shall mail to the person a valid
check or money order for the verifiable retail value of the
prize described in this chapter.
(6) A sponsor shall fulfill the rain check within thirty
days if the person named as being responsible fails to honor
it.
(7) The offer shall contain the following clear and conspicuous statement of recipients' rights printed in type at least
as large as the typeface used in the standard text of the offer:
"If you receive a rain check in lieu of the prize, you
are entitled by law to receive the prize, an item of
equal or greater value, or the cash equivalent of the
offered prize within thirty days of the date on which
you claimed the prize."
(8) It is a violation of this chapter to misrepresent the
quality, type, value, or availability of a prize. [1991 c 227 §
4.]
(2) No person, other than a financial institution, may produce, advertise, offer for sale, sell, distribute, or otherwise
transfer for use in this state a continuing obligation check
unless the document bears the phrase "THIS IS A LOAN" or
"CASHING THIS REQUIRES REPAYMENT," diagonally
printed in type at least as large as the predominant typeface in
the continuing obligation check on the front of the check
itself. [1991 c 227 § 5.]
19.170.060
19.170.060 Damages—Penalties. (1) A person who
suffers damage from an act of deceptive promotional advertising may bring an action against the sponsor or promoter of
the advertising, or both. Damages include, but are not limited
to, fees paid in violation of RCW 19.170.030(6) and the dollar value of a prize represented to be awarded to a person, but
not received by that person.
(2) In an action for deceptive promotional advertising,
the court may award the greater of five hundred dollars or
three times the actual damages sustained by the person, not to
exceed ten thousand dollars; equitable relief, including, but
not limited to an injunction and restitution of money and
property; attorneys' fees and costs; and any other relief that
the court deems proper. [1991 c 227 § 6.]
19.170.070
19.170.070 Violation—Penalty. A person who knowingly violates any provision of this chapter is guilty of a gross
misdemeanor. [1991 c 227 § 7.]
19.170.080
19.170.080 Remedies not exclusive. The remedies prescribed in this chapter do not limit or bar any existing remedies at law or equity. [1991 c 227 § 8.]
19.170.900
19.170.900 Severability—1991 c 227. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1991 c 227 § 11.]
Chapter 19.174 RCW
AUTOMATED TELLER MACHINES AND NIGHT
DEPOSITORIES SECURITY
Chapter 19.174
Sections
19.174.010
19.174.020
19.174.030
19.174.040
19.174.050
19.174.060
19.174.070
19.174.080
19.174.090
19.174.900
Intent.
Definitions.
Safety procedures—Requirements.
Lighting requirements—Compliance.
Lighting requirements.
Notice to customer.
Exceptions.
Chapter supersedes local government actions.
Compliance evidence of adequate safety measures.
Effective date—1993 c 324.
19.174.010
19.170.050
19.170.050 Simulated checks—Continuing obligation checks—Notice. (1) No person may produce, advertise,
offer for sale, sell, distribute, or otherwise transfer for use in
this state a simulated check unless the document bears the
phrase "THIS IS NOT A CHECK," diagonally printed in type
at least as large as the predominant typeface in the simulated
check on the front of the check itself.
[Title 19 RCW—page 228]
19.174.010 Intent. The intent of the legislature in
enacting this chapter is to enhance the safety of consumers
using automated teller machines and night deposit facilities
in Washington without discouraging the siting of automated
teller machines and night deposit facilities in locations convenient to consumers' homes and workplaces. Because decisions concerning safety at automated teller machines and
night deposit facilities are inherently subjective, the legisla(2004 Ed.)
Automated Teller Machines and Night Depositories Security
ture establishes as the standard of care applicable to operators
of automated teller machines and night deposit facilities, in
connection with user safety, compliance with the objective
standards and information requirements of this chapter. It is
not the intent of the legislature in enacting this chapter to
impose a duty to relocate or modify automated teller
machines or night deposit facilities upon the occurrence of a
particular event or circumstance, but rather to establish a
means for the evaluation of all automated teller machines and
night deposit facilities as provided in this chapter. The legislature further recognizes the need for uniformity as to the
establishment of safety standards for automated teller
machines and night deposit facilities and intends with this
chapter to supersede and preempt a rule, regulation, code, or
ordinance of a city, county, municipality, or local agency
regarding customer safety at automated teller machines and
night deposit facilities in Washington. [1993 c 324 § 2.]
19.174.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Access area" means a paved walkway or sidewalk
that is within fifty feet of an automated teller machine or
night deposit facility. "Access area" does not include publicly
maintained sidewalks or roads.
(2) "Access device" means:
(a) "Access device" as defined in federal reserve board
Regulation E, 12 C.F.R. Part 205, promulgated under the
Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq.; or
(b) A key or other mechanism issued by a banking institution to its customer to give the customer access to the banking institution's night deposit facility.
(3) "Automated teller machine" means an electronic
information processing device located in this state that
accepts or dispenses cash in connection with a credit, deposit,
or convenience account. "Automated teller machine" does
not include a device used primarily to facilitate check guarantees or check authorizations, used in connection with the
acceptance or dispensing of cash on a person-to-person basis
such as by a store cashier, or used for payment of goods and
services.
(4) "Banking institution" means a state or federally chartered bank, trust company, savings bank, savings and loan
association, and credit union.
(5) "Candle-foot power" means a light intensity of candles on a horizontal plane at thirty-six inches above ground
level and five feet in front of the area to be measured.
(6) "Control of an access area or defined parking area"
means to have the present authority to determine how, when,
and by whom it is to be used, and how it is to be maintained,
lighted, and landscaped.
(7) "Defined parking area" means that portion of a parking area open for customer parking that is:
(a) Contiguous to an access area with respect to an automated teller machine or night deposit facility;
(b) Regularly, principally, and lawfully used for parking
by users of the automated teller machine or night deposit
facility while conducting transactions during hours of darkness; and
(c) Owned or leased by the operator of the automated
teller machine or night deposit facility or owned or controlled
19.174.020
(2004 Ed.)
19.174.040
by the party leasing the automated teller machine or night
deposit facility site to the operator. "Defined parking area"
does not include a parking area that is not open or regularly
used for parking by users of the automated teller machine or
night deposit facility who are conducting transactions during
hours of darkness. A parking area is not open if it is physically closed to access or if conspicuous signs indicate that it
is closed. If a multiple level parking area satisfies the conditions of this subsection (7)(c) and would therefore otherwise
be a defined parking area, only the single parking level
deemed by the operator of the automated teller machine and
night deposit facility to be the most directly accessible to the
users of the automated teller machine and night deposit facility is a defined parking area.
(8) "Hours of darkness" means the period that commences thirty minutes after sunset and ends thirty minutes
before sunrise.
(9) "Night deposit facility" means a receptacle that is
provided by a banking institution for the use of its customers
in delivering cash, checks, and other items to the banking
institution.
(10) "Operator" means a banking institution or other
business entity or a person who operates an automated teller
machine or night deposit facility. [2000 c 171 § 76; 1993 c
324 § 1.]
19.174.030
19.174.030 Safety procedures—Requirements. On or
before July 1, 1994, with respect to an existing installed automated teller machine and night deposit facility in this state,
and an automated teller machine or night deposit facility
installed after July 1, 1994, the operator shall adopt procedures for evaluating the safety of the automated teller
machine or night deposit facility. These procedures must pertain to the following:
(1) The extent to which the lighting for the automated
teller machine or night deposit facility complies or will comply with the standards required by RCW 19.174.050;
(2) The presence of landscaping, vegetation, or other
obstructions in the area of the automated teller machine or
night deposit facility, the access area, and the defined parking
area; and
(3) The incidence of crimes of violence in the immediate
neighborhood of the automated teller machine or night
deposit facility, as reflected in the records of the local law
enforcement agency and of which the operator has actual
knowledge. [1993 c 324 § 3.]
19.174.040
19.174.040 Lighting requirements—Compliance. (1)
An operator of an automated teller machine or night deposit
facility installed on or after July 1, 1994, shall comply with
RCW 19.174.050 beginning on the date the automated teller
machine or night deposit facility is installed. Compliance
with RCW 19.174.050 by an operator as to an automated
teller machine and night deposit facility existing as of July 1,
1994, is optional until July 1, 1996, and mandatory thereafter.
This section applies to an operator of an automated teller
machine or night deposit facility only to the extent that the
operator controls the access area or defined parking area to be
lighted.
[Title 19 RCW—page 229]
19.174.050
Title 19 RCW: Business Regulations—Miscellaneous
(2) If an access area or a defined parking area is not controlled by the operator of an automated teller machine or
night deposit facility, and if the person who leased the automated teller machine or night deposit facility site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall
comply with RCW 19.174.050 for an automated teller
machine or night deposit facility installed on or after July 1,
1994, beginning on the date the automated teller machine or
night deposit facility is installed and for an automated teller
machine or night deposit facility existing as of July 1, 1994,
by or on July 1, 1996. [1993 c 324 § 4.]
19.174.050
19.174.050 Lighting requirements. The operator,
owner, or other person responsible for an automated teller
machine or night deposit facility shall provide lighting during
hours of darkness with respect to an open and operating automated teller machine or night deposit facility and a defined
parking area, access area, and the exterior of an enclosed
automated teller machine or night deposit facility installation
according to the following standards:
(1) There must be a minimum of ten candle-foot power
at the face of the automated teller machine or night deposit
facility and extending in an unobstructed direction outward
five feet;
(2) There must be a minimum of two candle-foot power
within fifty feet from all unobstructed directions from the
face of the automated teller machine or night deposit facility.
In the event the automated teller machine or night deposit
facility is located within ten feet of the corner of the building
and the automated teller machine or night deposit facility is
generally accessible from the adjacent side, there must be a
minimum of two candle-foot power along the first forty
unobstructed feet of the adjacent side of the building; and
(3) There must be a minimum of two candle-foot power
in that portion of the defined parking area within fifty feet of
the automated teller machine or night deposit facility. [1993
c 324 § 5.]
periodic disclosure statement furnished under the Electronic
Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq. [1993 c 324
§ 6.]
19.174.070
19.174.070 Exceptions. This chapter does not apply to
an automated teller machine or night deposit facility that is:
(1) Located inside of a building, unless it is a freestanding installation that exists for the sole purpose of providing an
enclosure for the automated teller machine or night deposit
facility;
(2) Located inside a building, except to the extent a
transaction can be conducted from outside the building; or
(3) Located in an area, including an access area, building, enclosed space, or parking area that is not controlled by
the operator. [1993 c 324 § 7.]
19.174.080
19.174.080 Chapter supersedes local government
actions. This chapter supersedes and preempts all rules, regulations, codes, statutes, or ordinances of all cities, counties,
municipalities, and local agencies regarding customer safety
at automated teller machines or night deposit facilities
located in this state. [1993 c 324 § 8.]
19.174.090
19.174.090 Compliance evidence of adequate safety
measures. Compliance with the objective standards and
information requirements of this chapter is prima facie evidence that the operator of the automated teller machine or
night deposit facility in question has provided adequate measures for the safety of users of the automated teller machine
or night depository. [1993 c 324 § 9.]
19.174.900
19.174.900 Effective date—1993 c 324. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 12, 1993]. [1993 c 324 § 15.]
Chapter 19.178
19.174.060
19.174.060 Notice to customer. The issuer of an access
device shall furnish a customer receiving the device with a
notice of basic safety precautions that the customer should
employ while using an automated teller machine or night
deposit facility. This information must be furnished by personally delivering or by mailing the information to each customer whose mailing address is in this state for the account to
which the access device relates. This information must be
furnished for an access device issued on or after July 1, 1994,
at or before the time the customer is furnished with his or her
access device. For a customer to whom an access device was
issued before July 1, 1994, the information must be delivered
or mailed to the customer on or before December 31, 1994.
Only one notice must be furnished per household, and if an
access device is furnished to more than one customer for a
single account or set of accounts or on the basis of a single
application or other request for the access devices, only a single notice must be furnished in satisfaction of the notification
responsibilities as to all those customers. The information
may be included with other disclosures related to the access
device furnished to the customer, such as with an initial or
[Title 19 RCW—page 230]
Chapter 19.178 RCW
GOING OUT OF BUSINESS SALES
Sections
19.178.010
19.178.020
19.178.030
19.178.040
19.178.050
19.178.060
19.178.070
19.178.080
19.178.090
19.178.100
19.178.110
19.178.120
19.178.130
19.178.140
19.178.900
19.178.901
Definitions.
Notice—Recording—Display—Service on attorney general.
Notice—Recording—Procedure.
Inventory list—Compilation of purchase orders.
Business identification number—Ownership interest purposes
limited—Application of consumer protection act.
Time limit.
Merchandise—Consigned or not owned by seller—Transfer—
Additional.
Continuing business prohibited—Exception.
Means for continuation of closing business location prohibited.
Advertising—Moving sale.
Violations—Application of consumer protection act.
Violation—False or incorrect notice—Penalty.
Proceedings instituted by attorney general or prosecuting
attorney.
State preemption.
Application of chapter—Exceptions.
Severability—1993 c 456.
19.178.010
19.178.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(2004 Ed.)
Going Out of Business Sales
(1) "Affiliated business" means a business or business
location that is directly or indirectly controlled by or under
common control with the business location or locations listed
in the notice of the sale or that has a common ownership
interest in the merchandise to be sold with the business location or locations listed in the notice of the sale.
(2) "Going out of business sale" means a sale or auction
advertised or held out to the public as the disposal of merchandise in anticipation of cessation of business. This
includes but is not limited to a sale or auction advertised or
held out to the public as a "going out of business sale," a
"closing out sale," a "quitting business sale," a "loss of lease
sale," a "must vacate sale," a "liquidation sale," a "bankruptcy
sale," a "sale to prevent bankruptcy," or another description
suggesting price reduction due to the imminent closure of the
business.
(3) "Merchandise" means goods, wares, or other property or services capable of being the object of a sale regulated
under this chapter.
(4) "Moving sale" means a sale or auction advertised or
held out to the public in anticipation of a relocation of the
business to within a thirty-mile radius of its existing location.
(5) "Person" means, where applicable, natural persons,
corporations, trusts, unincorporated associations, partnerships, or other legal entities. [1993 c 456 § 2.]
19.178.020
19.178.020 Notice—Recording—Display—Service
on attorney general. (1) It is unlawful for a person to sell,
offer for sale, or advertise for sale merchandise at a going out
of business sale without first recording a notice of the going
out of business sale and executing an affidavit of inventory
under this chapter.
(2) The notice of the sale must be displayed in a prominent place on the premises where a going out of business sale
is being conducted.
(3) Where a going out of business sale is part of a bankruptcy, receivership, or other court-ordered action, a person
required by this chapter to record a notice of the sale shall
serve a copy of the petition, motion, proposed order, or other
pleading requesting court approval of the sale on the attorney
general no less than seven days before the date on which an
action may be taken related to the conduct of the sale by a
court. [1993 c 456 § 3.]
19.178.030
19.178.030 Notice—Recording—Procedure. (1) A
person conducting a going out of business sale shall record a
notice of the sale with the county auditor at least fourteen
days before the beginning date of the sale.
(2) The notice must be signed under oath and acknowledged and must require, and the person signing the notice
shall set forth, the following facts and information regarding
the sale:
(a) The name, address, telephone number, and Washington state business identification number of the owner of the
merchandise to be sold. If the owner is a corporation, trust,
unincorporated association, partnership, or other legal entity,
the person signing the notice must be an officer of the entity
and must identify his or her title;
(2004 Ed.)
19.178.040
(b) The name, address, and telephone number of the person who will be in charge and responsible for the conduct of
the sale;
(c) The descriptive name, location or locations, and
beginning and ending dates of the sale;
(d) Whether a person who has an ownership interest in
the business or in the merchandise to be sold has conducted a
going out of business sale within one year of recording the
notice;
(e) Whether a person who has an ownership interest in
the business or in the merchandise to be sold established or
acquired an ownership interest in the business within six
months of recording the notice; and
(f) A statement that:
(i) The merchandise ordered during the thirty days
before recording the notice consists only of bona fide orders
made in the usual course of business and does not contain
merchandise taken on consignment or otherwise;
(ii) No merchandise transferred from an affiliated business was transferred in contemplation of conducting the sale;
(iii) No merchandise will be ordered, taken on consignment, or transferred from an affiliated business after the
notice is recorded or during the sale;
(iv) No person who has an ownership interest in the business or in the merchandise to be sold established or acquired
an interest in the business or in the merchandise to be sold
solely or principally for the purpose of conducting a going
out of business sale;
(v) The business will be discontinued after the ending
date of the sale and no merchandise held out for sale will be
subsequently offered for sale to the public by anyone who
had an ownership interest in the business or in the merchandise offered for sale; and
(vi) No person who has an ownership interest in the business or in the merchandise to be sold is subject to a court
order resulting from a civil enforcement action under the consumer protection act for a violation of this chapter or the type
of conduct prohibited by this chapter. [1993 c 456 § 5.]
19.178.040 Inventory list—Compilation of purchase
orders. (1) A person conducting a going out of business sale
shall, before recording the notice, make either an inventory
list of the merchandise to be sold or a compilation of purchase orders issued by the business in the thirty days before
recording the notice of the sale.
(2) If a person elects to make an inventory list:
(a) The inventory list must identify the merchandise and
include the quantity of each item and the price at which each
item was offered for sale within one week of recording the
notice;
(b) The inventory list must identify items ordered within
thirty days of recording the notice but not yet received by the
business;
(c) The inventory list must be permanently attached to an
affidavit executed by the person recording the notice of the
sale stating that the inventory list is a true and correct inventory of merchandise owned by the business conducting the
sale as of the date the affidavit is executed; and
(d) No item may be offered for sale at a going out of
business sale unless the item is included in the inventory list
for the sale.
19.178.040
[Title 19 RCW—page 231]
19.178.050
Title 19 RCW: Business Regulations—Miscellaneous
(3) If a person elects to make a purchase order compilation, the compilation must be permanently attached to an affidavit executed by the person recording the notice of the sale
stating that the compilation is a true and correct compilation
of the purchase orders issued by the business in the thirty
days before recording the notice of the sale.
(4) The affidavit must be signed under oath and
acknowledged before a notary public. Each page of the
inventory list or purchase order compilation must be marked
in some form by a notary public to verify its identity as part
of the inventory list or purchase order compilation for the
going out of business sale.
(5) A person conducting a going out of business sale
shall maintain possession of the affidavit and attached inventory list or purchase order compilation for three years after
the ending date of the sale. The inventory list or purchase
order compilation is admissible evidence of compliance or
noncompliance with this chapter. [1993 c 456 § 6.]
19.178.050
19.178.050 Business identification number—Ownership interest purposes limited—Application of consumer
protection act. (1) No person may conduct a going out of
business sale except a person with a valid Washington state
business identification number.
(2) No person may conduct a going out of business sale
if a person who has an ownership interest in the business or in
the merchandise to be sold established or acquired an ownership interest in the business solely or principally for the purpose of conducting a going out of business sale. A person
who has either conducted a going out of business sale within
one year or established or acquired an interest in the business
conducting the sale within six months of recording the notice
is presumed to have established or acquired an interest in the
business solely or principally for the purpose of conducting a
going out of business sale.
(3) No person may conduct a going out of business sale
if a person who has an ownership interest in the business or in
the merchandise to be sold is subject to a court order resulting
from a civil enforcement action under the consumer protection act for a violation of this chapter or the type of conduct
prohibited by this chapter. [1993 c 456 § 7.]
19.178.060
19.178.060 Time limit. No person may conduct a going
out of business sale for more than sixty days from the beginning date of the sale. [1993 c 456 § 8.]
19.178.070
19.178.070 Merchandise—Consigned or not owned
by seller—Transfer—Additional. (1) No person may sell
consigned merchandise or other merchandise not owned by
the person signing the notice at a going out of business sale.
Merchandise ordered within thirty days of recording the
notice of the sale may consist only of bona fide orders made
in the usual course of business and may contain no merchandise taken on consignment or otherwise.
(2) No person in contemplation of conducting a going
out of business sale may transfer merchandise from an affiliated business or business location to the location or locations
of the sale.
(3) No person, after recording the notice of a going out of
business sale, may buy or order merchandise, take merchan[Title 19 RCW—page 232]
dise on consignment, or receive a transfer of merchandise
from an affiliated business or business location for the purpose of selling it at the sale or sell the merchandise in a going
out of business sale. [1993 c 456 § 9.]
19.178.080
19.178.080 Continuing business prohibited—Exception. (1) No person may continue to conduct a going out of
business sale beyond the ending date listed in the notice of
the sale.
(2) No person after conducting a going out of business
sale may remain in business under any of the same ownership, or under the same or substantially the same trade name,
or continue to offer for sale the same type of merchandise for
a period of one year after the ending date of the sale unless
the continuing business location was in operation before
recording the notice for the closing business location.
(3) For the purposes of this section, if a business entity
that is prohibited from continuing a business under this section reformulates itself as a new entity or as an individual,
whether by sale, merger, acquisition, bankruptcy, dissolution,
or other transaction, for the purpose of continuing the business or profiting from the business, the successor entity or
individual is considered the same person as the original
entity. If an individual who is prohibited from continuing a
business under this section forms a new business entity to
continue the business, participate in the business, or profit
from the business, that entity is considered the same person
as the individual. [1993 c 456 § 10.]
19.178.090
19.178.090 Means for continuation of closing business location prohibited. No person may conduct a going
out of business sale if any means have been established for
continuation of the closing business location by the same
owner, directly or indirectly, by corporation, trust, unincorporated association, partnership, or other legal entity under
the same name or under a different name. [1993 c 456 § 11.]
19.178.100
19.178.100 Advertising—Moving sale. (1) No person
may advertise a going out of business sale more than fourteen
days before the beginning date of the sale. All advertising of
the sale must state the beginning date and must clearly and
prominently state the ending date of the sale. Except as provided in subsection (2) of this section, all advertising must be
confined to or refer to the address or addresses and place or
places of business specified in the notice as going out of business and may not state that other locations or affiliated businesses are cooperating with or participating in the sale unless
the other locations or affiliated businesses are included in the
notice.
(2) Advertising broadcast on radio is not required to refer
to the address or addresses of the business specified in the
notice as going out of business, but must meet all other conditions of this section.
(3) No advertising may contain false, misleading, or
deceptive statements regarding the nature, duration, merchandise, or other terms of a going out of business sale.
(4) Representations in advertising regarding price savings or discounts on sale merchandise must be bona fide and
substantiated.
(2004 Ed.)
Fair Credit Reporting Act
(5) A moving sale may not be advertised for more than
ninety days and may not occur more than once within a
twenty-four month period. [1993 c 456 § 12.]
19.178.110 Violations—Application of consumer
protection act. The legislature finds that the practices covered by this chapter are matters vitally affecting the public
interest for the purpose of applying the consumer protection
act, chapter 19.86 RCW. Violations of this chapter are not
reasonable in relation to the development and preservation of
business. A violation of this chapter is an unfair or deceptive
act in trade or commerce and an unfair method of competition
for the purpose of applying the consumer protection act,
chapter 19.86 RCW. [1993 c 456 § 1.]
19.178.110
19.178.120
19.178.120 Violation—False or incorrect notice—
Penalty. A person who knowingly violates this chapter or
who knowingly gives false or incorrect information in a
notice required by this chapter is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [1993 c 456
§ 13.]
19.178.130 Proceedings instituted by attorney general or prosecuting attorney. The attorney general or the
proper prosecuting attorney may institute proceedings under
this chapter. [1993 c 456 § 14.]
19.178.130
19.178.140
19.178.140 State preemption. The state of Washington
fully occupies and preempts the entire field of regulating
going out of business sales. [1993 c 456 § 15.]
19.178.900
19.178.900 Application of chapter—Exceptions. (1)
This chapter shall apply only to persons who engage in the
retail sale of merchandise in their regular course of business.
(2) This chapter does not apply to:
(a) Persons acting in accordance with their powers and
duties as public officers, such as county sheriffs;
(b) Bulk transfers as defined in *RCW 62A.6-102; or
(c) Moving sales, except for RCW 19.178.100(5).
(3) Going out of business sales of perishable merchandise or merchandise damaged by fire, smoke, or water are
exempt from the requirement that the notice of the sale be
recorded at least fourteen days before the beginning date of
the sale. [1993 c 456 § 4.]
*Reviser's note: RCW 62A.6-102 was repealed by 1993 c 395 § 6-101.
19.178.901
19.178.901 Severability—1993 c 456. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances
is not affected. [1993 c 456 § 16.]
Chapter 19.182
Chapter 19.182 RCW
FAIR CREDIT REPORTING ACT
Sections
19.182.005
19.182.010
19.182.020
19.182.030
(2004 Ed.)
Findings—Declaration.
Definitions.
Consumer report—Furnishing—Procuring.
Consumer report—Credit action not initiated by consumer—
Exclusion by consumer.
19.182.040
19.182.050
19.182.060
19.182.070
19.182.080
19.182.090
19.182.100
19.182.110
19.182.120
19.182.130
19.182.140
19.182.150
19.182.160
19.182.900
19.182.901
19.182.902
19.182.010
Consumer report—Prohibited information—Exceptions.
Investigative consumer report—Procurement, preparation—
Disclosure—Use—Liability—Record.
Consumer report—Procedures for compliance—Information
for governmental agency—Record.
Disclosures to consumer.
Disclosures to consumer—Procedures.
Consumer file—Dispute—Procedure—Notice—Statement of
dispute—Toll-free information number.
Consumer reporting agency—Consumer fees and charges for
required information—Exceptions.
Adverse action based on report—Procedure—Notice.
Limitation on action—Exception.
Obtaining information under false pretenses—Penalty.
Provision of information to unauthorized person—Penalty.
Application of consumer protection act—Limitation—
Awards—Penalties—Attorneys' fees.
Block of information appearing as result of identity theft.
Short title—1993 c 476.
Severability—1993 c 476.
Effective date—1993 c 476.
19.182.005
19.182.005 Findings—Declaration. The legislature
finds and declares that consumers have a vital interest in
establishing and maintaining creditworthiness. The legislature further finds that an elaborate mechanism using credit
reports has developed for investigating and evaluating a consumer's creditworthiness, credit capacity, and general reputation and character. As such, credit reports are used for evaluating credit card, loan, mortgage, and small business financing applications, as well as for decisions regarding
employment and the rental or leasing of dwellings. Moreover, financial institutions and other creditors depend upon
fair and accurate credit reports to efficiently and accurately
evaluate creditworthiness. Unfair or inaccurate reports undermine both public and creditor confidences in the reliability of
credit granting systems.
Therefore, this chapter is necessary to assure accurate
credit data collection, maintenance, and reporting on the citizens of the state. It is the policy of the state that credit reporting agencies maintain accurate credit reports, resolve disputed reports promptly and fairly, and adopt reasonable procedures to promote consumer confidentiality and the proper
use of credit data in accordance with this chapter. [1993 c
476 § 1.]
19.182.010
19.182.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1)(a) "Adverse action" includes:
(i) Denial of, increase in any charge for, or reduction in
the amount of insurance for personal, family, or household
purposes;
(ii) Denial of employment or any other decision for
employment purposes that adversely affects a current or prospective employee;
(iii) Action or determination with respect to a consumer's
application for credit that is adverse to the interests of the
consumer; and
(iv) Action or determination with respect to a consumer's
application for the rental or leasing of residential real estate
that is adverse to the interests of the consumer.
(b) "Adverse action" does not include:
(i) A refusal to extend additional credit under an existing
credit arrangement if:
[Title 19 RCW—page 233]
19.182.020
Title 19 RCW: Business Regulations—Miscellaneous
(A) The applicant is delinquent or otherwise in default
with respect to the arrangement; or
(B) The additional credit would exceed a previously
established credit limit; or
(ii) A refusal or failure to authorize an account transaction at a point of sale.
(2) "Attorney general" means the office of the attorney
general.
(3) "Consumer" means an individual.
(4)(a) "Consumer report" means a written, oral, or other
communication of information by a consumer reporting
agency bearing on a consumer's creditworthiness, credit
standing, credit capacity, character, general reputation, personal characteristics, or mode of living that is used or
expected to be used or collected in whole or in part for:
(i) The purpose of serving as a factor in establishing the
consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes;
(ii) Employment purposes; or
(iii) Other purposes authorized under RCW 19.182.020.
(b) "Consumer report" does not include:
(i) A report containing information solely as to transactions or experiences between the consumer and the person
making the report;
(ii) An authorization or approval of a specific extension
of credit directly or indirectly by the issuer of a credit card or
similar device;
(iii) A report in which a person who has been requested
by a third party to make a specific extension of credit directly
or indirectly to a consumer conveys his or her decision with
respect to the request, if the third party advises the consumer
of the name and address of the person to whom the request
was made and the person makes the disclosures to the consumer required under RCW 19.182.070;
(iv) A list compiled by a consumer reporting agency to
be used by its client for direct marketing of goods or services
not involving an offer of credit;
(v) A report solely conveying a decision whether to guarantee a check in response to a request by a third party; or
(vi) A report furnished for use in connection with a transaction that consists of an extension of credit to be used for a
commercial purpose.
(5) "Consumer reporting agency" means a person who,
for monetary fees, dues, or on a cooperative nonprofit basis,
regularly engages in whole or in part in the business of
assembling or evaluating consumer credit information or
other information on consumers for the purpose of furnishing
consumer reports to third parties, and who uses any means or
facility of commerce for the purpose of preparing or furnishing consumer reports. "Consumer reporting agency" does not
include a person solely by reason of conveying a decision
whether to guarantee a check in response to a request by a
third party or a person who obtains a consumer report and
provides the report or information contained in it to a subsidiary or affiliate of the person.
(6) "Credit transaction that is not initiated by the consumer" does not include the use of a consumer report by an
assignee for collection or by a person with which the consumer has an account, for purposes of (a) reviewing the
account, or (b) collecting the account. For purposes of this
subsection "reviewing the account" includes activities related
[Title 19 RCW—page 234]
to account maintenance and monitoring, credit line increases,
and account upgrades and enhancements.
(7) "Direct solicitation" means the process in which the
consumer reporting agency compiles or edits for a client a list
of consumers who meet specific criteria and provides this list
to the client or a third party on behalf of the client for use in
soliciting those consumers for an offer of a product or service.
(8) "Employment purposes," when used in connection
with a consumer report, means a report used for the purpose
of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.
(9) "File," when used in connection with information on
any consumer, means all of the information on that consumer
recorded and retained by a consumer reporting agency
regardless of how the information is stored.
(10) "Investigative consumer report" means a consumer
report or portion of it in which information on a consumer's
character, general reputation, personal characteristics, or
mode of living is obtained through personal interviews with
neighbors, friends, or associates of the consumer reported on
or with others with whom the consumer is acquainted or who
may have knowledge concerning any items of information.
However, the information does not include specific factual
information on a consumer's credit record obtained directly
from a creditor of the consumer or from a consumer reporting
agency when the information was obtained directly from a
creditor of the consumer or from the consumer.
(11) "Medical information" means information or
records obtained, with the consent of the individual to whom
it relates, from a licensed physician or medical practitioner,
hospital, clinic, or other medical or medically related facility.
(12) "Person" includes an individual, corporation, government or governmental subdivision or agency, business
trust, estate, trust, partnership, association, and any other
legal or commercial entity.
(13) "Prescreening" means the process in which the consumer reporting agency compiles or edits for a client a list of
consumers who meet specific credit criteria and provides this
list to the client or a third party on behalf of the client for use
in soliciting those consumers for an offer of credit. [1993 c
476 § 3.]
19.182.020
19.182.020 Consumer report—Furnishing—Procuring. (1) A consumer reporting agency may furnish a consumer report only under the following circumstances:
(a) In response to the order of a court having jurisdiction
to issue the order;
(b) In accordance with the written instructions of the
consumer to whom it relates; or
(c) To a person that the agency has reason to believe:
(i) Intends to use the information in connection with a
credit transaction involving the consumer on whom the information is to be furnished and involving the extension of
credit to, or review or collection of an account of, the consumer;
(ii) Intends to use the information for employment purposes;
(iii) Intends to use the information in connection with the
underwriting of insurance involving the consumer;
(2004 Ed.)
Fair Credit Reporting Act
(iv) Intends to use the information in connection with a
determination of the consumer's eligibility for a license or
other benefit granted by a governmental instrumentality
required by law to consider an applicant's financial responsibility or status; or
(v) Otherwise has a legitimate business need for the
information in connection with a business transaction involving the consumer.
(2)(a) A person may not procure a consumer report, or
cause a consumer report to be procured, for employment purposes with respect to any consumer who is not an employee
at the time the report is procured or caused to be procured
unless:
(i) A clear and conspicuous disclosure has been made in
writing to the consumer before the report is procured or
caused to be procured that a consumer report may be obtained
for purposes of considering the consumer for employment.
The disclosure may be contained in a written statement contained in employment application materials; or
(ii) The consumer authorizes the procurement of the
report.
(b) A person may not procure a consumer report, or
cause a consumer report to be procured, for employment purposes with respect to any employee unless the employee has
received, at any time after the person became an employee,
written notice that consumer reports may be used for employment purposes. A written statement that consumer reports
may be used for employment purposes that is contained in
employee guidelines or manuals available to employees or
included in written materials provided to employees constitutes written notice for purposes of this subsection. This subsection does not apply with respect to a consumer report of an
employee who the employer has reasonable cause to believe
has engaged in specific activity that constitutes a violation of
law.
(c) In using a consumer report for employment purposes,
before taking any adverse action based in whole or part on the
report, a person shall provide to the consumer to whom the
report relates: (i) The name, address, and telephone number
of the consumer reporting agency providing the report; (ii) a
description of the consumer's rights under this chapter pertaining to consumer reports obtained for employment purposes; and (iii) a reasonable opportunity to respond to any
information in the report that is disputed by the consumer.
[1993 c 476 § 4.]
19.182.030
19.182.030 Consumer report—Credit action not initiated by consumer—Exclusion by consumer. (1) A consumer reporting agency may provide a consumer report relating to a consumer under RCW 19.182.020(1)(c)(i) in connection with a credit transaction that is not initiated by the
consumer only if:
(a) The consumer authorized the consumer reporting
agency to provide the report to such a person; or
(b) The consumer has not elected in accordance with
subsection (3) of this section to have the consumer's name
and address excluded from such transactions.
(2) A consumer reporting agency may provide only the
following information under subsection (1) of this section:
(a) The name and address of the consumer; and
(2004 Ed.)
19.182.040
(b) Information pertaining to a consumer that is not identified or identifiable with particular accounts or transactions
of the consumer.
(3)(a) A consumer may elect to have his or her name and
address excluded from any list provided by a consumer
reporting agency through prescreening under subsection (1)
of this section or from any list provided by a consumer
reporting agency for direct solicitation transactions that are
not initiated by the consumer by notifying the consumer
reporting agency. The notice must be made in writing
through the notification system maintained by the consumer
reporting agency under subsection (4) of this section and
must state that the consumer does not consent to any use of
consumer reports relating to the consumer in connection with
any transaction that is not initiated by the consumer.
(b) An election of a consumer under (a) of this subsection is effective with respect to a consumer reporting agency
and any affiliate of the consumer reporting agency, within
five business days after the consumer reporting agency
receives the consumer's notice.
(4) A consumer reporting agency that provides information intended to be used in a prescreened credit transaction or
direct solicitation transaction that is not initiated by the consumer shall:
(a) Maintain a notification system that facilitates the
ability of a consumer in the agency's data base to notify the
agency to promptly withdraw the consumer's name from lists
compiled for prescreened credit transactions and direct solicitation transactions not initiated by the consumer; and
(b) Publish at least annually in a publication of general
circulation in the area served by the agency, the address for
consumers to use to notify the agency of the consumer's election under subsection (3) of this section.
(5) A consumer reporting agency that maintains consumer reports on a nation-wide basis shall establish a system
meeting the requirements of subsection (4) of this section on
a nation-wide basis, and may operate such a system jointly
with any other consumer reporting agencies.
(6) Compliance with the requirements of this section by
any consumer reporting agency constitutes compliance by the
agency's affiliates. [1993 c 476 § 5.]
19.182.040 Consumer report—Prohibited information—Exceptions. (1) Except as authorized under subsection (2) of this section, no consumer reporting agency may
make a consumer report containing any of the following
items of information:
(a) Bankruptcies that, from date of adjudication of the
most recent bankruptcy, antedate the report by more than ten
years;
(b) Suits and judgments that, from date of entry, antedate
the report by more than seven years or until the governing
statute of limitations has expired, whichever is the longer
period;
(c) Paid tax liens that, from date of payment, antedate the
report by more than seven years;
(d) Accounts placed for collection or charged to profit
and loss that antedate the report by more than seven years;
(e) Records of arrest, indictment, or conviction of crime
that, from date of disposition, release, or parole, antedate the
report by more than seven years;
19.182.040
[Title 19 RCW—page 235]
19.182.050
Title 19 RCW: Business Regulations—Miscellaneous
(f) Any other adverse item of information that antedates
the report by more than seven years.
(2) Subsection (1) of this section is not applicable in the
case of a consumer report to be used in connection with:
(a) A credit transaction involving, or that may reasonably be expected to involve, a principal amount of fifty thousand dollars or more;
(b) The underwriting of life insurance involving, or that
may reasonably be expected to involve, a face amount of fifty
thousand dollars or more; or
(c) The employment of an individual at an annual salary
that equals, or that may reasonably be expected to equal,
twenty thousand dollars or more. [1993 c 476 § 6.]
19.182.050 Investigative consumer report—Procurement, preparation—Disclosure—Use—Liability—
Record. (1) A person may not procure or cause to be prepared an investigative consumer report on a consumer unless:
(a) It is clearly and accurately disclosed to the consumer
that an investigative consumer report including information
as to the consumer's character, general reputation, personal
characteristics, and mode of living, whichever are applicable,
may be made, and the disclosure:
(i) Is made in a writing mailed, or otherwise delivered, to
the consumer not later than three days after the date on which
the report was first requested; and
(ii) Includes a statement informing the consumer of the
consumer's right to request the additional disclosures provided for under subsection (2) of this section and the written
summary of the rights of the consumer prepared under RCW
19.182.080(7); or
(b) The report is to be used for employment purposes for
which the consumer has not specifically applied.
(2) A person who procures or causes to be prepared an
investigative consumer report on a consumer shall make,
upon written request made by the consumer within a reasonable period of time after the receipt by the consumer of the
disclosure required in subsection (1)(a) of this section, a complete and accurate disclosure of the nature and scope of the
investigation requested. This disclosure must be made in a
writing mailed, or otherwise delivered, to the consumer not
later than the latter of five days after the date on which the
request for the disclosure was either received from the consumer or the report was first requested.
(3) No person may be held liable for a violation of subsection (1) or (2) of this section if the person shows by a preponderance of the evidence that at the time of the violation
the person maintained reasonable procedures to assure compliance with subsection (1) or (2) of this section.
(4) A consumer reporting agency shall maintain a
detailed record of:
(a) The identity of the person to whom an investigative
consumer report or information from a consumer report is
provided by the consumer reporting agency; and
(b) The certified purpose for which an investigative consumer report on a consumer, or any other information relating
to a consumer, is requested by the person.
For purposes of this subsection, "person" does not
include an individual who requests the report unless the individual obtains the report or information for his or her own
individual purposes. [1993 c 476 § 7.]
19.182.050
[Title 19 RCW—page 236]
19.182.060
19.182.060 Consumer report—Procedures for compliance—Information for governmental agency—Record.
(1) A consumer reporting agency shall maintain reasonable
procedures designed to avoid violations of RCW 19.182.040
and to limit the furnishing of consumer reports to the purposes listed under RCW 19.182.020. These procedures must
require that prospective users of the information identify
themselves, certify the purposes for which the information is
sought, and certify that the information will be used for no
other purpose. A consumer reporting agency shall make a
reasonable effort to verify the identity of a new prospective
user and the uses certified by the prospective user before furnishing the user a consumer report. No consumer reporting
agency may furnish a consumer report to a person if the
agency has reasonable grounds for believing that the consumer report will not be used for a purpose listed in RCW
19.182.020.
(2) Whenever a consumer reporting agency prepares a
consumer report it shall follow reasonable procedures to
assure maximum possible accuracy of the information concerning the individual about whom the report relates.
(3) Notwithstanding RCW 19.182.020, a consumer
reporting agency may furnish identifying information about a
consumer, limited to the consumer's name, address, former
addresses, places of employment, or former places of
employment, to a governmental agency.
(4) A consumer reporting agency shall maintain a
detailed record of:
(a) The identity of any person to whom a consumer
report or information from a consumer report is provided by
the consumer reporting agency; and
(b) The certified purpose for which a consumer report on
a consumer, or any other information relating to a consumer,
is requested by any person.
For purposes of this subsection, "person" does not
include an individual who requests the report unless the individual obtains the report or information for his or her own
purposes. [1993 c 476 § 8.]
19.182.070
19.182.070 Disclosures to consumer. A consumer
reporting agency shall, upon request by the consumer, clearly
and accurately disclose:
(1) All information in the file on the consumer at the time
of request, except that medical information may be withheld.
The agency shall inform the consumer of the existence of
medical information, and the consumer has the right to have
that information disclosed to the health care provider of the
consumer's choice. Nothing in this chapter prevents, or
authorizes a consumer reporting agency to prevent, the health
care provider from disclosing the medical information to the
consumer. The agency shall inform the consumer of the right
to disclosure of medical information at the time the consumer
requests disclosure of his or her file.
(2) All items of information in its files on that consumer,
including disclosure of the sources of the information, except
that sources of information acquired solely for use in an
investigative report may only be disclosed to a plaintiff under
appropriate discovery procedures.
(3) Identification of (a) each person who for employment
purposes within the two-year period before the request, and
(2004 Ed.)
Fair Credit Reporting Act
(b) each person who for any other purpose within the sixmonth period before the request, procured a consumer report.
(4) A record identifying all inquiries received by the
agency in the six-month period before the request that identified the consumer in connection with a credit transaction that
is not initiated by the consumer.
(5) An identification of a person under subsection (3) or
(4) of this section must include (a) the name of the person or,
if applicable, the trade name under which the person conducts
business; and (b) upon request of the consumer, the address
of the person. [1993 c 476 § 9.]
19.182.080
19.182.080 Disclosures to consumer—Procedures.
(1) A consumer reporting agency shall make the disclosures
required under RCW 19.182.070 during normal business
hours and on reasonable notice.
(2) The consumer reporting agency shall make the disclosures required under RCW 19.182.070 to the consumer:
(a) In person if the consumer appears in person and furnishes proper identification;
(b) By telephone if the consumer has made a written
request, with proper identification, for telephone disclosure
and the toll charge, if any, for the telephone call is prepaid by
or charged directly to the consumer; or
(c) By any other reasonable means that are available to
the consumer reporting agency if that means is authorized by
the consumer.
(3) A consumer reporting agency shall provide trained
personnel to explain to the consumer, information furnished
to the consumer under RCW 19.182.070.
(4) The consumer reporting agency shall permit the consumer to be accompanied by one other person of the consumer's choosing, who shall furnish reasonable identification. A consumer reporting agency may require the consumer
to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in the
other person's presence.
(5) If a credit score is provided by a consumer reporting
agency to a consumer, the agency shall provide an explanation of the meaning of the credit score.
(6) Except as provided in RCW 19.182.150, no consumer may bring an action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to
the reporting of information against a consumer reporting
agency or a user of information, based on information disclosed under this section or RCW 19.182.070, except as to
false information furnished with malice or willful intent to
injure the consumer. Except as provided in RCW 19.182.150,
no consumer may bring an action or proceeding against a person who provides information to a consumer reporting
agency in the nature of defamation, invasion of privacy, or
negligence for unintentional error.
(7)(a) A consumer reporting agency must provide to a
consumer, with each written disclosure by the agency to the
consumer under RCW 19.182.070, a written summary of all
rights and remedies the consumer has under this chapter.
(b) The summary of the rights and remedies of consumers under this chapter must include:
(i) A brief description of this chapter and all rights and
remedies of consumers under this chapter;
(2004 Ed.)
19.182.090
(ii) An explanation of how the consumer may exercise
the rights and remedies of the consumer under this chapter;
and
(iii) A list of all state agencies, including the attorney
general's office, responsible for enforcing any provision of
this chapter and the address and appropriate phone number of
each such agency. [1993 c 476 § 10.]
19.182.090
19.182.090 Consumer file—Dispute—Procedure—
Notice—Statement of dispute—Toll-free information
number. (1) If the completeness or accuracy of an item of
information contained in a consumer's file at a consumer
reporting agency is disputed by the consumer and the consumer notifies the agency directly of the dispute, the agency
shall reinvestigate without charge and record the current status of the disputed information before the end of thirty business days, beginning on the date the agency receives the
notice from the consumer.
(2) Before the end of the five business-day period beginning on the date a consumer reporting agency receives notice
of a dispute from a consumer in accordance with subsection
(1) of this section, the agency shall notify any person who
provided an item of information in dispute.
(3)(a) Notwithstanding subsection (1) of this section, a
consumer reporting agency may terminate a reinvestigation
of information disputed by a consumer under subsection (1)
of this section if the agency determines that the dispute by the
consumer is frivolous or irrelevant, including by reason of a
failure of the consumer to provide sufficient information.
(b) Upon making a determination in accordance with (a)
of this subsection that a dispute is frivolous or irrelevant, a
consumer reporting agency shall notify the consumer within
five business days of the determination. The notice shall be
made in writing or any other means authorized by the consumer that are available to the agency, but the notice shall
include the reasons for the determination and a notice of the
consumer's rights under subsection (6) of this section.
(4) In conducting a reinvestigation under subsection (1)
of this section with respect to disputed information in the file
of any consumer, the consumer reporting agency shall review
and consider all relevant information submitted by the consumer in the period described in subsection (1) of this section
with respect to the disputed information.
(5)(a) If, after a reinvestigation under subsection (1) of
this section of information disputed by a consumer, the information is found to be inaccurate or cannot be verified, the
consumer reporting agency shall promptly delete the information from the consumer's file.
(b)(i) If information is deleted from a consumer's file
under (a) of this subsection, the information may not be reinserted in the file after the deletion unless the person who furnishes the information verifies that the information is complete and accurate.
(ii) If information that has been deleted from a consumer's file under (a) of this subsection is reinserted in the
file in accordance with (b)(i) of this subsection, the consumer
reporting agency shall notify the consumer of the reinsertion
within thirty business days. The notice shall be in writing or
any other means authorized by the consumer that are available to the agency.
[Title 19 RCW—page 237]
19.182.100
Title 19 RCW: Business Regulations—Miscellaneous
(6) If the reinvestigation does not resolve the dispute or
if the consumer reporting agency determines the dispute is
frivolous or irrelevant, the consumer may file a brief statement setting forth the nature of the dispute. The consumer
reporting agency may limit these statements to not more than
one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute.
(7) After the deletion of information from a consumer's
file under this section or after the filing of a statement of dispute under subsection (6) of this section, the consumer
reporting agency shall, at the request of the consumer, furnish
notification that the item of information has been deleted or
that item of information is disputed. In the case of disputed
information, the notification shall include the statement filed
under subsection (6) of this section. The notification shall be
furnished to any person specifically designated by the consumer, who has, within two years before the deletion or filing
of a dispute, received a consumer report concerning the consumer for employment purposes, or who has, within six
months of the deletion or the filing of the dispute, received a
consumer report concerning the consumer for any other purpose, if these consumer reports contained the deleted or disputed information.
(8)(a) Upon completion of the reinvestigation under this
section, a consumer reporting agency shall provide notice, in
writing or by any other means authorized by the consumer, of
the results of a reinvestigation within five business days.
(b) The notice required under (a) of this subsection must
include:
(i) A statement that the reinvestigation is completed;
(ii) A consumer report that is based upon the consumer's
file as that file is revised as a result of the reinvestigation;
(iii) A description or indication of any changes made in
the consumer report as a result of those revisions to the consumer's file;
(iv) If requested by the consumer, a description of the
procedure used to determine the accuracy and completeness
of the information shall be provided to the consumer by the
agency, including the name, business address, and telephone
number of any person contacted in connection with the information;
(v) If the reinvestigation does not resolve the dispute, a
summary of the consumer's right to file a brief statement as
provided in subsection (6) of this section; and
(vi) If information is deleted or disputed after reinvestigation, a summary of the consumer's right to request notification to persons who have received a consumer report as provided in subsection (7) of this section.
(9) In the case of a consumer reporting agency that compiles and maintains consumer reports on a nation-wide basis,
the consumer reporting agency must provide to a consumer
who has undertaken to dispute the information contained in
his or her file a toll-free telephone number that the consumer
can use to communicate with the agency. A consumer reporting agency that provides a toll-free number required by this
subsection shall also provide adequately trained personnel to
answer basic inquiries from consumers using the toll-free
number. [1993 c 476 § 11.]
19.182.100 Consumer reporting agency—Consumer
fees and charges for required information—Exceptions.
19.182.100
[Title 19 RCW—page 238]
(1) Except as provided in subsections (2) and (3) of this section, a consumer reporting agency may charge the following
fees to the consumer:
(a) For making a disclosure under RCW 19.182.070 and
19.182.080, the consumer reporting agency may charge a fee
not exceeding eight dollars. Beginning January 1, 1995, the
eight-dollar charge may be adjusted on January 1st of each
year based on corresponding changes in the consumer price
index with fractional changes rounded to the nearest half dollar.
(b) For furnishing a notification, statement, or summary
to a person under RCW 19.182.090(7), the consumer reporting agency may charge a fee not exceeding the charge that the
agency would impose on each designated recipient for a consumer report. The amount of any charge must be disclosed to
the consumer before furnishing the information.
(2) A consumer reporting agency shall make all disclosures under RCW 19.182.070 and 19.182.080 and furnish all
consumer reports under RCW 19.182.090 without charge, if
requested by the consumer within sixty days after receipt by
the consumer of a notification of adverse action under RCW
19.182.110 or of a notification from a debt collection agency
affiliated with that consumer reporting agency stating that the
consumer's credit rating may be or has been adversely
affected.
(3) A consumer reporting agency shall not impose any
charge for (a) providing notice to a consumer required under
RCW 19.182.090, or (b) notifying a person under RCW
19.182.090(7) of the deletion of information that is found to
be inaccurate or that can no longer be verified, if the consumer designates that person to the agency before the end of
the thirty-day period beginning on the date of notice under
RCW 19.182.090(8). [1993 c 476 § 12.]
19.182.110
19.182.110 Adverse action based on report—Procedure—Notice. If a person takes an adverse action with
respect to a consumer that is based, in whole or in part, on
information contained in a consumer report, the person shall:
(1) Provide written notice of the adverse action to the
consumer, except verbal notice may be given by a person in
an adverse action involving a business regulated by the
Washington utilities and transportation commission or
involving an application for the rental or leasing of residential real estate if such verbal notice does not impair a consumer's ability to obtain a credit report without charge under
RCW 19.182.100(2); and
(2) Provide the consumer with the name, address, and
telephone number of the consumer reporting agency that furnished the report to the person. [1993 c 476 § 13.]
19.182.120
19.182.120 Limitation on action—Exception. An
action to enforce a liability created under this chapter is permanently barred unless commenced within two years after
the cause of action accrues, except that where a defendant has
materially and willfully misrepresented information required
under this chapter to be disclosed to an individual and the
information so misrepresented is material to the establishment of the defendant's liability to that individual under this
chapter, the action may be brought at any time within two
(2004 Ed.)
Wheelchairs
years after discovery by the individual of the misrepresentation. [1993 c 476 § 14.]
19.182.130
19.182.130 Obtaining information under false pretenses—Penalty. A person who knowingly and willfully
obtains information on a consumer from a consumer reporting agency under false pretenses is subject to a fine of up to
five thousand dollars or imprisonment for up to one year, or
both. [1993 c 476 § 15.]
19.182.140
19.182.140 Provision of information to unauthorized
person—Penalty. An officer or employee of a consumer
reporting agency who knowingly and willfully provides
information concerning an individual from the agency's files
to a person not authorized to receive that information is subject to a fine of up to five thousand dollars or imprisonment
for up to one year, or both. [1993 c 476 § 16.]
19.182.150
19.182.150 Application of consumer protection act—
Limitation—Awards—Penalties—Attorneys' fees. The
legislature finds that the practices covered by this chapter are
matters vitally affecting the public interest for the purpose of
applying the consumer protection act, chapter 19.86 RCW.
Violations of this chapter are not reasonable in relation to the
development and preservation of business. A violation of this
chapter is an unfair or deceptive act in trade or commerce and
an unfair method of competition for the purpose of applying
the consumer protection act, chapter 19.86 RCW. The burden
of proof in an action alleging a violation of this chapter shall
be by a preponderance of the evidence, and the applicable
statute of limitation shall be as set forth in RCW 19.182.120.
For purposes of a judgment awarded pursuant to an action by
a consumer under chapter 19.86 RCW, the consumer shall be
awarded actual damages and costs of the action together with
reasonable attorney's fees as determined by the court. However, where there has been willful failure to comply with any
requirement imposed under this chapter, the consumer shall
be awarded actual damages, a monetary penalty of one thousand dollars, and the costs of the action together with reasonable attorneys' fees as determined by the court. [1993 c 476
§ 17.]
19.182.160
19.182.160 Block of information appearing as result
of identity theft. (1) Within thirty days of receipt of proof of
the consumer's identification and a copy of a filed police
report evidencing the consumer's claim to be a victim of a
violation of RCW 9.35.020, a consumer reporting agency
shall permanently block reporting any information the consumer identifies on his or her consumer report is a result of a
violation of RCW 9.35.020, so that the information cannot be
reported, except as provided in subsection (2) of this section.
The consumer reporting agency shall promptly notify the furnisher of the information that a police report has been filed,
that a block has been requested, and the effective date of the
block.
(2) A consumer reporting agency may decline to block or
may rescind any block of consumer information if, in the
exercise of good faith and reasonable judgment, the consumer reporting agency believes:
(2004 Ed.)
19.184.010
(a) The information was blocked due to a misrepresentation of fact by the consumer relevant to the request to block
under this section;
(b) The consumer agrees that the blocked information or
portions of the blocked information were blocked in error; or
(c) The consumer knowingly obtained possession of
goods, services, or moneys as a result of the blocked transaction or transactions or the consumer should have known that
he or she obtained possession of goods, services, or moneys
as a result of the blocked transaction or transactions.
(3) If the block of information is declined or rescinded
under this section, the consumer shall be notified promptly in
the same manner as consumers are notified of the reinsertion
of information pursuant to section 611 of the fair credit
reporting act, 15 U.S.C. Sec. 1681I, as amended. The prior
presence of the blocked information in the consumer reporting agency's file on the consumer is not evidence of whether
the consumer knew or should have known that he or she
obtained possession of any goods, services, or moneys.
[2001 c 217 § 6.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
19.182.900
19.182.900 Short title—1993 c 476. This chapter shall
be known as the Fair Credit Reporting Act. [1993 c 476 § 2.]
19.182.901
19.182.901 Severability—1993 c 476. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 476 § 18.]
19.182.902
19.182.902 Effective date—1993 c 476. This act takes
effect January 1, 1994. [1993 c 476 § 20.]
Chapter 19.184
Chapter 19.184 RCW
WHEELCHAIRS
Sections
19.184.010
19.184.020
19.184.030
19.184.040
19.184.050
19.184.060
Definitions.
Warranty—Implied.
Failure to conform with warranty—Remedy—Disclosure of
returned wheelchair.
Rights or remedies not limited.
Consumer waiver void.
Action for damages—Pecuniary loss doubled—Costs, disbursements, attorneys' fees, equitable relief.
19.184.010
19.184.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity,
including the costs of obtaining an alternative wheelchair or
other device assisting mobility.
(2) "Consumer" means any of the following:
(a) The purchaser of a wheelchair, if the wheelchair was
purchased from a wheelchair dealer or manufacturer for purposes other than resale;
(b) A person to whom a wheelchair is transferred for purposes other than resale, if the transfer occurs before the expiration of an express warranty applicable to the wheelchair;
[Title 19 RCW—page 239]
19.184.020
Title 19 RCW: Business Regulations—Miscellaneous
(c) A person who may enforce a warranty on a wheelchair; or
(d) A person who leases a wheelchair from a wheelchair
lessor under a written lease.
(3) "Demonstrator" means a wheelchair used primarily
for the purpose of demonstration to the public.
(4) "Early termination cost" means an expense or obligation that a wheelchair lessor incurs as a result of both the termination of a written lease before the termination date set
forth in the lease and the return of a wheelchair to a manufacturer under RCW 19.184.030(2)(b). "Early termination cost"
includes a penalty for prepayment under a finance arrangement.
(5) "Early termination savings" means an expense or
obligation that a wheelchair lessor avoids as a result of both
the termination of a written lease before the termination date
set forth in the lease and the return of a wheelchair to a manufacturer under RCW 19.184.030(2)(b). "Early termination
savings" includes an interest charge that the wheelchair lessor
would have paid to finance the wheelchair or, if the wheelchair lessor does not finance the wheelchair, the difference
between the total amount for which the lease obligates the
consumer during the period of the lease term remaining after
the early termination and the present value of that amount at
the date of the early termination.
(6) "Manufacturer" means a person who manufactures or
assembles wheelchairs and agents of the person, including an
importer, a distributor, factory branch, distributor branch, and
a warrantor of the manufacturer's wheelchairs, but does not
include a wheelchair dealer.
(7) "Nonconformity" means a condition or defect that
substantially impairs the use, value, or safety of a wheelchair,
and that is covered by an express warranty applicable to the
wheelchair or to a component of the wheelchair, but does not
include a condition or defect that is the result of abuse,
neglect, or unauthorized modification or alteration of the
wheelchair by a consumer.
(8) "Reasonable attempt to repair" means any of the following occurring within the term of an express warranty
applicable to a new wheelchair or within one year after first
delivery of a wheelchair to a consumer, whichever is sooner:
(a) An attempted repair by the manufacturer, wheelchair
lessor, or the manufacturer's authorized dealer is made to the
same warranty nonconformity at least four times and the nonconformity continues; or
(b) The wheelchair is out of service for an aggregate of at
least thirty days because of warranty nonconformity.
(9) "Wheelchair" means a wheelchair, including a demonstrator, that a consumer purchases or accepts transfer of in
this state.
(10) "Wheelchair dealer" means a person who is in the
business of selling wheelchairs.
(11) "Wheelchair lessor" means a person who leases a
wheelchair to a consumer, or who holds the lessor's rights,
under a written lease. [1995 c 14 § 1; 1994 c 104 § 1.]
19.184.020 Warranty—Implied. A manufacturer who
sells a wheelchair to a consumer, either directly or through a
wheelchair dealer, shall furnish the consumer with an express
warranty for the wheelchair. The duration of the express warranty must be for at least one year after the first delivery of
19.184.020
[Title 19 RCW—page 240]
the wheelchair to the consumer. If the manufacturer fails to
furnish an express warranty as required under this section, the
wheelchair is covered by an implied warranty as if the manufacturer had furnished an express warranty to the consumer as
required under this section. [1995 c 14 § 2; 1994 c 104 § 2.]
19.184.030 Failure to conform with warranty—Remedy—Disclosure of returned wheelchair. (1) If a new
wheelchair does not conform to an applicable express warranty and the consumer reports the nonconformity to the
manufacturer, the wheelchair lessor, or any of the manufacturer's authorized wheelchair dealers and makes the wheelchair available for repair before one year after first delivery
of the wheelchair to the consumer, the nonconformity must
be repaired.
(2) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall do one of the following, whichever is appropriate:
(a) At the direction of a consumer described under RCW
19.184.010(2) (a), (b), or (c), do one of the following:
(i) Accept return of the wheelchair and replace the
wheelchair with a comparable new wheelchair and refund
any collateral costs; or
(ii) Accept return of the wheelchair and refund to the
consumer and to a holder of a perfected security interest in
the consumer's wheelchair, as their interest may appear, the
full purchase price plus any finance charge, amount paid by
the consumer at the point of sale, and collateral costs, less a
reasonable allowance for use. Under this subsection
(2)(a)(ii), a reasonable allowance for use may not exceed the
amount obtained by multiplying the full purchase price of the
wheelchair by a fraction, the denominator of which is one
thousand eight hundred twenty-five and the numerator of
which is the number of days that the wheelchair was driven
before the consumer first reported the nonconformity to the
wheelchair dealer; or
(b)(i) For a consumer described in RCW
19.184.010(2)(d), accept return of the wheelchair, refund to
the wheelchair lessor and to a holder of a perfected security
interest in the wheelchair, as their interest may appear, the
current value of the written lease and refund to the consumer
the amount that the consumer paid under the written lease
plus any collateral costs, less a reasonable allowance for use.
(ii) Under this subsection (2)(b), the current value of the
written lease equals the total amount for which the lease obligates the consumer during the period of the lease remaining
after its early termination, plus the wheelchair dealer's early
termination costs and the value of the wheelchair at the lease
expiration date if the lease sets forth the value, less the wheelchair lessor's early termination savings.
(iii) Under this subsection (2)(b), a reasonable allowance
for use may not exceed the amount obtained by multiplying
the total amount for which the written lease obligates the consumer by a fraction, the denominator of which is one thousand eight hundred twenty-five and the numerator of which is
the number of days that the consumer drove the wheelchair
before first reporting the nonconformity to the manufacturer,
wheelchair lessor, or wheelchair dealer.
(3) To receive a comparable new wheelchair or a refund
due under subsection (2)(a) of this section, a consumer
described under RCW 19.184.010(2) (a), (b), or (c) shall
19.184.030
(2004 Ed.)
Roofing and Siding Contractors and Salespersons
offer to the manufacturer of the wheelchair having the nonconformity to transfer possession of the wheelchair to the
manufacturer. Within thirty days after the offer, the manufacturer shall provide the consumer with a comparable new
wheelchair or a refund. When the manufacturer provides a
new wheelchair or refund under this subsection, the consumer shall return to the manufacturer the wheelchair having
the nonconformity.
(4)(a) To receive a refund due under subsection (2)(b) of
this section, a consumer described under RCW
19.184.010(2)(d) shall offer to return the wheelchair having
the nonconformity to its manufacturer. Within thirty days
after the offer, the manufacturer shall provide the refund to
the consumer. When the manufacturer provides the refund,
the consumer shall return to the manufacturer the wheelchair
having the nonconformity.
(b) To receive a refund due under subsection (2)(b) of
this section, a wheelchair lessor shall offer to transfer possession of the wheelchair having the nonconformity to the manufacturer. Within thirty days after the offer, the manufacturer
shall provide a refund to the wheelchair lessor. When the
manufacturer provides the refund, the wheelchair lessor shall
provide to the manufacturer the endorsements necessary to
transfer legal possession to the manufacturer.
(c) A person may not enforce the lease against the consumer after the consumer receives a refund due under subsection (2)(b) of this section.
(5) A person may not sell or lease again in this state a
wheelchair returned by a consumer or wheelchair lessor in
this state under subsection (2) of this section or by a consumer or wheelchair lessor in another state under a similar
law of that state, unless full disclosure of the reasons for
return is made to a prospective buyer or lessee. [1995 c 14 §
3; 1994 c 104 § 3.]
19.184.040 Rights or remedies not limited. This chapter does not limit rights or remedies available under other law
to a consumer. [1994 c 104 § 4.]
19.184.040
19.184.050 Consumer waiver void. A waiver by a
consumer of rights under this section is void. [1994 c 104 §
5.]
19.184.050
19.184.060 Action for damages—Pecuniary loss doubled—Costs, disbursements, attorneys' fees, equitable
relief. In addition to pursuing another remedy, a consumer
may bring an action to recover damages caused by a violation
of this chapter. The court shall award a consumer who prevails in an action under this section twice the amount of pecuniary loss, together with costs, disbursements, reasonable
attorneys' fees, and equitable relief that the court determines
is appropriate. [1994 c 104 § 6.]
19.184.060
Chapter 19.186 RCW
ROOFING AND SIDING CONTRACTORS
AND SALESPERSONS
Chapter 19.186
Sections
19.186.005
19.186.010
19.186.020
(2004 Ed.)
Findings—Intent.
Definitions.
Written contract—Requirements—Right to rescind—Notice.
19.186.030
19.186.040
19.186.050
19.186.060
19.186.010
Waiting period to begin work if customer obtaining loan—
Effect.
Liability of contract purchaser or assignee—Notice.
Violation—Consumer protection act.
Liability for failure to comply with chapter.
19.186.005
19.186.005 Findings—Intent. The legislature finds
that many homeowners are solicited by siding and roofing
contractors to purchase home improvements. Some contractors misrepresent the financing terms or the cost of the
improvements, preventing the homeowner from making an
informed decision about whether the improvements are
affordable. The result is that many homeowners face financial hardship including the loss of their homes through foreclosure. The legislature declares that this is a matter of public
interest. It is the intent of the legislature to establish rules of
business practice for roofing and siding contractors to promote honesty and fair dealing with homeowners. [1994 c 285
§ 1.]
19.186.010
19.186.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Roofing or siding contract" means an agreement
between a roofing or siding contractor or salesperson and a
homeowner that includes, in part, an agreement to install,
repair or replace residential roofing or siding for a total cost
including labor and materials in excess of one thousand dollars.
This chapter does not apply to the following contracts:
(a) Residential remodel or repair contracts where the cost
specified for roofing or siding is less than twenty percent of
the total contract price;
(b) Contracts where the roofing or siding is part of a contract to build a new dwelling or an addition that provides
additional living space;
(c) Contracts for emergency repairs made necessary by a
natural disaster such as an earthquake, wind storm, or hurricane, or after a fire in the dwelling;
(d) Homes being prepared for resale; or
(e) Roofing or siding contracts in which the homeowner
was not directly solicited by a roofing or siding contractor or
salesperson. If a roofing or siding contractor or roofing or
siding salesperson generally does business by soliciting, it
shall be a rebuttable presumption that any roofing or siding
contract entered into with a homeowner shall have been the
result of a solicitation.
(2) "Roofing or siding contractor" means a person who
owns or operates a contracting business that purports to
install, repair, or replace or subcontracts to install, repair, or
replace residential roofing or siding.
(3) "Roofing or siding salesperson" means a person who
solicits, negotiates, executes, or otherwise endeavors to procure a contract with a homeowner to install, repair, or replace
residential roofing or siding on behalf of a roofing or siding
contractor.
(4) "Residential roofing or siding" means roofing or siding installation, repair or replacement for an existing singlefamily dwelling or multiple family dwelling of four or less
units, provided that this does not apply to a residence under
construction.
[Title 19 RCW—page 241]
19.186.020
Title 19 RCW: Business Regulations—Miscellaneous
(5) "Person" includes an individual, corporation, company, partnership, joint venture, or a business entity.
(6) "Siding" means material used to cover the exterior
walls of a residential dwelling, excluding paint application.
(7)(a) "Solicit" means to initiate contact with the homeowner for the purpose of selling or installing roofing or siding
by one of the following methods:
(i) Door-to-door contact;
(ii) Telephone contact;
(iii) Flyers left at a residence; or
(iv) Other promotional advertisements which offer gifts,
cash, or services if the homeowner contacts the roofing or
siding contractor or salesperson, except for newspaper advertisements which offer a seasonal discount.
(b) "Solicit" does not include:
(i) Calls made in response to a request or inquiry by the
homeowner; or
(ii) Calls made to homeowners who have prior business
or personal contact with the residential roofing or siding contractor or salesperson. [1994 c 285 § 2.]
19.186.020
19.186.020 Written contract—Requirements—Right
to rescind—Notice. A roofing or siding contract shall be in
writing. A copy of the contract shall be given to the homeowner at the time the homeowner signs the contract. The contract shall be typed or printed legibly and contain the following provisions:
(1) An itemized list of all work to be performed;
(2) The grade, quality, or brand name of materials to be
used;
(3) The dollar amount of the contract;
(4) The name and address of the roofing or siding salesperson;
(5) The name, address, and contractor's registration number of the roofing or siding contractor;
(6) A statement as to whether all or part of the work is to
be subcontracted to another person;
(7) The contract shall require the homeowner to disclose
whether he or she intends to obtain a loan in order to pay for
all or part of the amount due under the contract;
(8) If the customer indicates that he or she intends to
obtain a loan to pay for a portion of the roofing or siding contract, the homeowner shall have the right to rescind the contract within three business days of receiving truth-in-lending
disclosures or three business days of receiving written notification that the loan application was denied, whichever date is
later; and
(9) The contract shall provide the following notice in
ten-point boldface type in capital letters:
"CUSTOMER'S RIGHT TO CANCEL
IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A
LOAN TO PAY FOR ALL OR PART OF THE
WORK SPECIFIED IN THE CONTRACT,
YOU HAVE THE RIGHT TO CHANGE YOUR
MIND AND CANCEL THIS CONTRACT
WI T H I N T H RE E D AY S O F T H E D AT E
WHEN THE LENDER PROVIDES YOU WITH
YOUR TRUTH-IN-LENDING DISCLOSURE
[Title 19 RCW—page 242]
STATEMENT OR THE DATE WHEN YOU
RECEIVE WRITTEN NOTIFICATION THAT
YOUR LOAN WAS DENIED.
BE SURE THAT ALL PROMISES MADE BY
YOUR CONTRACTOR ARE PUT IN WRITING BEFORE YOU SIGN THIS CONTRACT."
[1994 c 285 § 3.]
19.186.030
19.186.030 Waiting period to begin work if customer
obtaining loan—Effect. If the customer indicates that he or
she intends to obtain a loan to pay for all or part of the cost of
the roofing or siding contract, the roofing or siding contractor
shall not begin work until after the homeowner's rescission
rights provided in RCW 19.186.020(9) have expired. If the
roofing or siding contractor commences work under the contract before the homeowner's rescission rights have expired,
the roofing or siding contractor or salesperson shall be prohibited from enforcing terms of the contract, including claims
for labor or materials, in a court of law and shall terminate
any security interest or statutory lien created under the transaction within twenty days of receiving written rescission of
the contract from the customer. [1994 c 285 § 4.]
19.186.040
19.186.040 Liability of contract purchaser or
assignee—Notice. A person who purchases or is otherwise
assigned a roofing or siding contract shall be subject to all
claims and defenses with respect to the contract that the
homeowner could assert against the siding or roofing contractor or salesperson. A person who sells or otherwise
assigns a roofing or siding contract shall include a prominent
notice of the potential liability under this section. [1994 c
285 § 5.]
19.186.050
19.186.050 Violation—Consumer protection act.
The legislature finds and declares that a violation of this
chapter substantially affects the public interest and is an
unfair and deceptive act or practice and unfair method of
competition in the conduct of trade or commerce as set forth
under chapter 19.86 RCW. [1994 c 285 § 6.]
19.186.060
19.186.060 Liability for failure to comply with chapter. A roofing or siding contractor or salesperson who fails
to comply with the requirements of this chapter shall be liable
to the homeowner for any actual damages sustained by the
person as a result of the failure. Nothing in this section shall
limit any cause of action or remedy available under RCW
19.186.050 or chapter 19.86 RCW. [1994 c 285 § 7.]
Chapter 19.188
Chapter 19.188 RCW
ELECTRONIC MEDIA VIOLENCE
Sections
19.188.010
19.188.020
19.188.030
Finding.
Television time/channel locks.
Library access policies.
19.188.010
19.188.010 Finding. The legislature finds that, to the
extent that electronic media, including television, motion pictures, video games, and entertainment uses of virtual reality
(2004 Ed.)
Commercial Electronic Mail
are conducive to increased violent behaviors, especially in
children, the state has a duty to protect the public health and
safety.
Many parents, educators, and others are concerned about
protecting children and youth from the negative influences of
the media, and want more information about media content
and more control over media contact with their children.
[1994 sp.s. c 7 § 801.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
19.188.020
19.188.020 Television time/channel locks. All new
televisions sold in this state after January 1, 1995, shall be
equipped with a time/channel lock or shall be sold with an
offer to the customer to purchase a channel blocking device,
or other device that enables a person to regulate a child's
access to unwanted television programming. All cable television companies shall make available to all customers at the
company's cost the opportunity to purchase a channel blocking device, or other device that enables a person to regulate a
child's access to unwanted television programming. The
commercial television sellers and cable television companies
shall offer time/channel locks to their customers, when these
devices are available. Notice of this availability shall be
clearly made to all existing customers and to all new customers at the time of their signing up for service. [1994 sp.s. c 7
§ 803.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
19.188.030
19.188.030 Library access policies. The legislature
finds that, as a matter of public health and safety, access by
minors to violent videos and violent video games is the
responsibility of parents and guardians.
Public libraries, with the exception of university, college, and community college libraries, shall establish policies
on minors' access to violent videos and violent video games.
Libraries shall make their policies known to the public in
their communities.
Each library system shall formulate its own policies, and
may, in its discretion, include public hearings, consultation
with community networks as defined under chapter 70.190
RCW, or consultation with the Washington library association in the development of its policies. [1994 sp.s. c 7 § 806.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 19.190 RCW
Chapter 19.190
COMMERCIAL ELECTRONIC MAIL
Sections
19.190.010
19.190.020
19.190.030
19.190.040
19.190.050
19.190.060
19.190.070
(2004 Ed.)
Definitions.
Unpermitted or misleading electronic mail—Prohibition.
Unpermitted or misleading electronic mail—Violation of
consumer protection act.
Violations—Damages.
Blocking of commercial electronic mail by interactive computer service—Immunity from liability.
Commercial electronic text message—Prohibition on initiation or assistance—Violation of consumer protection act.
Commercial electronic text message—When allowed.
19.190.020
19.190.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Assist the transmission" means actions taken by a
person to provide substantial assistance or support which
enables any person to formulate, compose, send, originate,
initiate, or transmit a commercial electronic mail message or
a commercial electronic text message when the person providing the assistance knows or consciously avoids knowing
that the initiator of the commercial electronic mail message
or the commercial electronic text message is engaged, or
intends to engage, in any practice that violates the consumer
protection act.
(2) "Commercial electronic mail message" means an
electronic mail message sent for the purpose of promoting
real property, goods, or services for sale or lease. It does not
mean an electronic mail message to which an interactive
computer service provider has attached an advertisement in
exchange for free use of an electronic mail account, when the
sender has agreed to such an arrangement.
(3) "Commercial electronic text message" means an
electronic text message sent to promote real property, goods,
or services for sale or lease.
(4) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic
mail may be sent or delivered.
(5) "Electronic text message" means a text message sent
to a cellular telephone or pager equipped with short message
service or any similar capability, whether the message is initiated as a short message service message or as an electronic
mail message.
(6) "Initiate the transmission" refers to the action by the
original sender of an electronic mail message or an electronic
text message, not to the action by any intervening interactive
computer service or wireless network that may handle or
retransmit the message, unless such intervening interactive
computer service assists in the transmission of an electronic
mail message when it knows, or consciously avoids knowing,
that the person initiating the transmission is engaged, or
intends to engage, in any act or practice that violates the consumer protection act.
(7) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that
provides access to the internet and such systems operated or
services offered by libraries or educational institutions.
(8) "Internet domain name" refers to a globally unique,
hierarchical reference to an internet host or service, assigned
through centralized internet naming authorities, comprising a
series of character strings separated by periods, with the
right-most string specifying the top of the hierarchy.
(9) "Person" means a person, corporation, partnership, or
association. [2003 c 137 § 2; 1999 c 289 § 1; 1998 c 149 § 2.]
19.190.010
Intent—2003 c 137: See note following RCW 19.190.060.
19.190.020 Unpermitted or misleading electronic
mail—Prohibition. (1) No person may initiate the transmission, conspire with another to initiate the transmission, or
assist the transmission, of a commercial electronic mail message from a computer located in Washington or to an elec19.190.020
[Title 19 RCW—page 243]
19.190.030
Title 19 RCW: Business Regulations—Miscellaneous
tronic mail address that the sender knows, or has reason to
know, is held by a Washington resident that:
(a) Uses a third party's internet domain name without
permission of the third party, or otherwise misrepresents or
obscures any information in identifying the point of origin or
the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) For purposes of this section, a person knows that the
intended recipient of a commercial electronic mail message is
a Washington resident if that information is available, upon
request, from the registrant of the internet domain name contained in the recipient's electronic mail address. [1999 c 289
§ 2; 1998 c 149 § 3.]
19.190.030
19.190.030 Unpermitted or misleading electronic
mail—Violation of consumer protection act. (1) It is a violation of the consumer protection act, chapter 19.86 RCW, to
conspire with another person to initiate the transmission or to
initiate the transmission of a commercial electronic mail message that:
(a) Uses a third party's internet domain name without
permission of the third party, or otherwise misrepresents or
obscures any information in identifying the point of origin or
the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) It is a violation of the consumer protection act, chapter 19.86 RCW, to assist in the transmission of a commercial
electronic mail message, when the person providing the assistance knows, or consciously avoids knowing, that the initiator of the commercial electronic mail message is engaged, or
intends to engage, in any act or practice that violates the consumer protection act.
(3) The legislature finds that the practices covered by
this chapter are matters vitally affecting the public interest for
the purpose of applying the consumer protection act, chapter
19.86 RCW. A violation of this chapter is not reasonable in
relation to the development and preservation of business and
is an unfair or deceptive act in trade or commerce and an
unfair method of competition for the purpose of applying the
consumer protection act, chapter 19.86 RCW. [1999 c 289 §
3; 1998 c 149 § 4.]
19.190.040
19.190.040 Violations—Damages. (1) Damages to the
recipient of a commercial electronic mail message or a commercial electronic text message sent in violation of this chapter are five hundred dollars, or actual damages, whichever is
greater.
(2) Damages to an interactive computer service resulting
from a violation of this chapter are one thousand dollars, or
actual damages, whichever is greater. [2003 c 137 § 5; 1998
c 149 § 5.]
Intent—2003 c 137: See note following RCW 19.190.060.
19.190.050
19.190.050 Blocking of commercial electronic mail
by interactive computer service—Immunity from liability. (1) An interactive computer service may, upon its own
[Title 19 RCW—page 244]
initiative, block the receipt or transmission through its service
of any commercial electronic mail that it reasonably believes
is, or will be, sent in violation of this chapter.
(2) No interactive computer service may be held liable
for any action voluntarily taken in good faith to block the
receipt or transmission through its service of any commercial
electronic mail which it reasonably believes is, or will be,
sent in violation of this chapter. [1998 c 149 § 6.]
19.190.060
19.190.060 Commercial electronic text message—
Prohibition on initiation or assistance—Violation of consumer protection act. (1) No person conducting business in
the state may initiate or assist in the transmission of an electronic commercial text message to a telephone number
assigned to a Washington resident for cellular telephone or
pager service that is equipped with short message capability
or any similar capability allowing the transmission of text
messages.
(2) The legislature finds that the practices covered by
this section are matters vitally affecting the public interest for
the purpose of applying the consumer protection act, chapter
19.86 RCW. A violation of this section is not reasonable in
relation to the development and preservation of business and
is an unfair or deceptive act in trade or commerce and an
unfair method of competition for the purpose of applying the
consumer protection act, chapter 19.86 RCW. [2003 c 137 §
3.]
Intent—2003 c 137: "The legislature recognizes that the number of
unsolicited commercial text messages sent to cellular telephones and pagers
is increasing. This practice is raising serious concerns on the part of cellular
telephone and pager subscribers. These unsolicited messages often result in
costs to the cellular telephone and pager subscribers in that they pay for use
when a message is received through their devices. The limited memory of
these devices can be exhausted by unwanted text messages resulting in the
inability to receive necessary and expected messages.
The legislature intents to limit the practice of sending unsolicited commercial text messages to cellular telephone or pager numbers in Washington." [2003 c 137 § 1.]
19.190.070
19.190.070 Commercial electronic text message—
When allowed. (1) It is not a violation of RCW 19.190.060
if:
(a) The commercial electronic text message is transmitted at the direction of a person offering cellular telephone or
pager service to the person's existing subscriber at no cost to
the subscriber unless the subscriber has indicated that he or
she is not willing to receive further commercial text messages
from the person; or
(b) The unsolicited commercial electronic text message
is transmitted by a person to a subscriber and the subscriber
has clearly and affirmatively consented in advance to receive
these text messages.
(2) No person offering cellular or pager service may be
held liable for serving merely as an intermediary between the
sender and the recipient of a commercial electronic text message sent in violation of this chapter unless the person is
assisting in the transmission of the commercial electronic text
message. [2003 c 137 § 4.]
Intent—2003 c 137: See note following RCW 19.190.060.
(2004 Ed.)
Proof of Identity
Chapter 19.192
Chapter 19.192 RCW
Chapter 19.194
PROOF OF IDENTITY
Sections
19.192.010
19.192.020
19.194.020
Chapter 19.194 RCW
TRADE-IN OR EXCHANGE OF
COMPUTER HARDWARE
Sections
Identification cards—Distinguishing official and not official
proofs of identification—Penalties.
Verification of identity by merchant/retailer—Prohibition on
verification void.
19.194.010
19.194.020
19.194.030
19.194.040
Recordkeeping by retail establishments—Contents—Inspection—Definitions.
Record of transactions—Provided upon request—Forms and
format—Lost or stolen hardware.
Prohibited acts—Gross misdemeanor.
Application.
19.192.010
19.192.010 Identification cards—Distinguishing official and not official proofs of identification—Penalties.
(1) Any person or entity, other than those listed in subsection
(2) of this section, issuing an identification card that purports
to identify the holder as a resident of this or any other state
and that contains at least a name, photograph, and date of
birth, must label the card "not official proof of identification"
in flourescent yellow ink, on the face of the card, and in not
less than fourteen-point font. The background color of the
card must be a color other than the color used for official
Washington state driver's licenses and identicards.
(2) This section does not apply to the following persons
and entities:
(a) Department of licensing;
(b) Any federal, state, or local government agency;
(c) The Washington state liquor control board;
(d) Private employers issuing cards identifying employees;
(e) Banks and credit card companies issuing credit, debit,
or bank cards containing a person's photograph; and
(f) Retail or wholesale stores issuing membership cards
containing a person's photograph.
(3) Failure to comply with this section is a class 1 civil
infraction. [1998 c 24 § 1.]
19.192.020
19 .1 92.02 0 Verif ica tio n o f identit y by merchant/retailer—Prohibition on verification void. (1) Any
provision of a contract between a merchant or retailer and a
credit or debit card issuer, financial institution, or other person that prohibits the merchant or retailer from verifying the
identity of a customer who offers to pay for goods or services
with a credit or debit card by requiring or requesting that the
customer present additional identification is void for violation of public policy.
(2) Nothing in this section shall be interpreted as: (a)
Compelling merchants or retailers to verify identification; or
(b) interfering with the ability of the owner or manager of a
retail store or chain to make and enforce its own policies
regarding verification of identification. [2003 c 89 § 2.]
Findings—2003 c 89: "The legislature finds that financial fraud is too
common, and that it threatens the safety and well-being of the public by driving up the costs of goods and services and unduly burdening the law enforcement community. Further, the legislature finds that financial fraud can be
deterred by allowing retailers to verify the identity of persons who seek to
pay for goods or services with a credit or debit card. Finally, the legislature
finds that some retailers are deterred from verifying their customers' identity
by contractual arrangements with credit card issuers. The legislature
declares that such contracts violate the public policy that all citizens should
be able to take reasonable steps to prevent themselves and their communities
from falling victim to crime." [2003 c 89 § 1.]
(2004 Ed.)
19.194.010
19.194.010 Recordkeeping by retail establishments—Contents—Inspection—Definitions. (1) Any
retail establishment doing business in this state that accepts
for trade-in or exchange any computer hardware for the purchase of other computer hardware of greater value shall
maintain, at the time of each transaction, a record of the following information:
(a) The signature of the person with whom the transaction is made;
(b) The date of the transaction;
(c) The name of the person or employee or the identification number of the person or employee conducting the transaction; and
(d) The name, date of birth, and address and telephone
number of the person with whom the transaction is made.
(2) This record is open to the inspection of any commissioned law enforcement officer of the state or any of its political subdivisions, and will be maintained for a period of one
year following the date of the transaction.
(3) As used in this section:
(a) "Computer" means a programmable electronic
machine that performs high-speed mathematical or logical
operation or that assembles, stores, correlates, or otherwise
processes information.
(b) "Computer hardware" means a computer and the
associated physical equipment involved in the performance
of data processing or communications functions. The term
does not include computer software. [1998 c 134 § 1.]
Reviser's note: 1998 c 134 § 5 directed that sections 1 through 4 be
added to chapter 62A.2 RCW. The placement into the uniform code appears
inappropriate and sections 1 through 4 have been codified as chapter 19.194
RCW.
19.194.020
19.194.020 Record of transactions—Provided upon
request—Forms and format—Lost or stolen hardware.
(1) Upon request, every retailer doing business in this state
that accepts for trade-in or exchange computer hardware shall
furnish a full, true, and correct transcript of the record of all
transactions conducted, under RCW 19.194.010, on the proceeding [preceding] day. These transactions shall be recorded
on such forms as may be provided and in such format as may
be required by the chief of police or the county's chief law
enforcement officer within a specified time but not less than
twenty-four hours.
(2) If a retailer has good cause to believe that any computer hardware in their possession has been previously lost or
stolen, the retailer shall promptly report that fact to the applicable chief of police or the county's chief law enforcement
officer, together with the name of the owner, if known, and
the date when, and the name of the person from whom, it was
received. [1998 c 134 § 2.]
[Title 19 RCW—page 245]
19.194.030
Title 19 RCW: Business Regulations—Miscellaneous
Reviser's note: 1998 c 134 § 5 directed that sections 1 through 4 be
added to chapter 62A.2 RCW. The placement into the uniform code appears
inappropriate and sections 1 through 4 have been codified as chapter 19.194
RCW.
19.194.030
19.194.030 Prohibited acts—Gross misdemeanor. It
is a gross misdemeanor under chapter 9A.20 RCW for:
(1) Any person to remove, alter, or obliterate any manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon
the computer hardware that is received as a trade-in or in
exchange on the purchase of other computer hardware of
greater value. In addition a retailer shall not accept any computer hardware as a trade-in or in exchange on the purchase
of other computer hardware of greater value where the manufacturer's make, model, or serial number, personal identification number, or identifying marks engraved or etched upon
the computer hardware has been removed, altered, or obliterated;
(2) Any person to knowingly make, cause, or allow to be
made any false entry or misstatement of any material matter
in any book, record, or writing required to be kept under this
chapter; or
(3) Any person to knowingly violate any other provision
of this chapter. [1998 c 134 § 3.]
Reviser's note: 1998 c 134 § 5 directed that sections 1 through 4 be
added to chapter 62A.2 RCW. The placement into the uniform code appears
inappropriate and sections 1 through 4 have been codified as chapter 19.194
RCW.
(2) No person that accepts credit cards for the transaction
of business shall print more than the last five digits of the
credit card account number or print the credit card expiration
date on a credit card receipt to the cardholder.
(3) This section shall apply only to receipts that are electronically printed and shall not apply to transactions in which
the sole means of recording the credit card number is by
handwriting or by an imprint or copy of the credit card.
(4) For purposes of chapter 163, Laws of 2000, "credit
card" means a card or device existing for the purpose of
obtaining money, property, labor, or services on credit.
(5) This section applies on July 1, 2001, to any cash register or other machine or device that electronically prints
receipts on credit card transactions and is placed into service
on or after July 1, 2001, and on July 1, 2004, to any cash register or other machine or device that electronically prints
receipts on credit card transactions and is placed into service
prior to July 1, 2001. [2000 c 163 § 1.]
19.200.900
19.200.900 Severability—2000 c 163. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2000 c 163 § 3.]
19.200.901
19.200.901 Effective date—2000 c 163. This act takes
effect July 1, 2001. [2000 c 163 § 4.]
19.194.040
19.194.040 Application. RCW 19.194.010 through
19.194.030 do not apply to trade-in or exchange of computers, or computer hardware, between consumers and retailers,
or their branch facilities, when the computer or computer
hardware was originally purchased from that same retailer.
[1998 c 134 § 4.]
Reviser's note: 1998 c 134 § 5 directed that sections 1 through 4 be
added to chapter 62A.2 RCW. The placement into the uniform code appears
inappropriate and sections 1 through 4 have been codified as chapter 19.194
RCW.
Chapter 19.200 RCW
AUTOMATED FINANCIAL TRANSACTIONS
Chapter 19.205
Chapter 19.205 RCW
STRUCTURED SETTLEMENT PROTECTION
Sections
19.205.010
19.205.020
19.205.030
19.205.040
19.205.050
19.205.060
19.205.900
Definitions.
Disclosure statement—Content.
Structured settlement payment rights—Transfer—Order—
Express findings.
Posttransfer of rights—Liabilities—Requirements.
Application/approval of transfer—Notice—Content.
Transfer agreements—Further provisions.
Short title.
Chapter 19.200
Sections
19.200.010
19.200.900
19.200.901
Findings—Intent—Restrictions on credit card receipts—
Application—Definition.
Severability—2000 c 163.
Effective date—2000 c 163.
19.200.010
19.200.010 Findings—Intent—Restrictions on credit
card receipts—Application—Definition. (1) The legislature finds that credit is an important tool for consumers in
today's economy, particularly the use of credit cards. The legislature also finds that unscrupulous persons often fraudulently use the credit card accounts of others by stealing the
credit card itself or by obtaining the necessary information to
fraudulently charge the purchase of goods and services to
another person's credit card account. The legislature intends
to provide some protection for consumers from the latter by
limiting the information that can appear on a credit card
receipt.
[Title 19 RCW—page 246]
19.205.010
19.205.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Annuity issuer" means an insurer that has issued a
contract to fund periodic payments under a structured settlement.
(2) "Dependents" means a payee's spouse and minor
children and all other persons for whom the payee is legally
obligated to provide support, including alimony.
(3) "Discounted present value" means the present value
of future payments determined by discounting such payments
to the present using the most recently published applicable
federal rate for determining the present value of an annuity,
as issued by the United States internal revenue service.
(4) "Gross advance amount" means the sum payable to
the payee or for the payee's account as consideration for a
transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be
made from such consideration.
(2004 Ed.)
Structured Settlement Protection
(5) "Independent professional advice" means advice of
an attorney, certified public accountant, actuary, or other
licensed professional adviser.
(6) "Interested parties" means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured
settlement obligor, and any other party that has continuing
rights or obligations under such structured settlement.
(7) "Net advance amount" means the gross advance
amount less the aggregate amount of the actual and estimated
transfer expenses required to be disclosed under RCW
19.205.020(5).
(8) "Payee" means an individual who is receiving taxfree payments under a structured settlement and proposes to
make a transfer of payment rights thereunder.
(9) "Periodic payments" means (a) recurring payments
and (b) scheduled future lump sum payments.
(10) "Qualified assignment agreement" means an agreement providing for a qualified assignment within the meaning of section 130 of the United States internal revenue code
(26 U.S.C. Sec. 130), as amended.
(11) "Responsible administrative authority" means, with
respect to a structured settlement, any government authority
vested by law with exclusive jurisdiction over the settled
claim resolved by such structured settlement.
(12) "Settled claim" means the original tort claim or
workers' compensation claim resolved by a structured settlement.
(13) "Structured settlement" means an arrangement for
periodic payment of compensation for injuries or sickness as
described in 26 U.S.C. Sec. 104(a)(1) or (2), as amended, or
an arrangement for periodic payment of benefits under a special needs trust as described in 42 U.S.C. Sec. 1396p(d)(4), as
amended.
(14) "Structured settlement agreement" means the agreement, judgment, stipulation, or release embodying the terms
of a structured settlement.
(15) "Structured settlement obligor" means, with respect
to any structured settlement, the party that has the continuing
obligation to make periodic payments to the payee under a
structured settlement agreement or a qualified assignment
agreement.
(16) "Structured settlement payment rights" means rights
to receive periodic payments under a structured settlement,
whether from the structured settlement obligor or the annuity
issuer, if:
(a) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or
the annuity issuer is located in, this state;
(b) The structured settlement agreement was approved
by a court or responsible administrative authority in this
state; or
(c) The structured settlement agreement is expressly
governed by the laws of this state.
(17) "Terms of the structured settlement" means, with
respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or other approval of
any court or responsible administrative authority or other
(2004 Ed.)
19.205.030
government authority that authorized or approved such structured settlement.
(18) "Transfer" means any sale, assignment, pledge,
hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration. However, "transfer" does not mean the creation or
perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into
with an insured depository institution, in the absence of any
action to redirect the structured settlement payments to such
insured depository institution, or an agent or successor in
interest thereof, or otherwise to enforce such blanket security
interest against the structured settlement payment rights.
(19) "Transfer agreement" means the agreement providing for a transfer of structured settlement payment rights.
(20) "Transfer expenses" means all expenses of a transfer that are required under the transfer agreement to be paid
by the payee or deducted from the gross advance amount,
including, without limitation, court filing fees, attorneys'
fees, escrow fees, lien recordation fees, judgment and lien
search fees, finders' fees, commissions, and other payments
to a broker or other intermediary. "Transfer expenses" does
not mean preexisting obligations of the payee payable for the
payee's account from the proceeds of a transfer.
(21) "Transferee" means a party acquiring or proposing
to acquire structured settlement payment rights through a
transfer. [2001 c 178 § 2.]
19.205.020
19.205.020 Disclosure statement—Content. Not less
than three days prior to the date on which a payee signs a
transfer agreement, the transferee shall provide to the payee a
separate disclosure statement, in bold type no smaller than
fourteen points, setting forth:
(1) The amounts and due dates of the structured settlement payments to be transferred;
(2) The aggregate amount of such payments;
(3) The discounted present value of the payments to be
transferred, which shall be identified as the "calculation of
current value of the transferred structured settlement payments under federal standards for valuing annuities," and the
amount of the applicable federal rate used in calculating such
discounted present value;
(4) The gross advance amount;
(5) An itemized listing of all applicable transfer
expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application
for approval of the transfer, and the transferee's best estimate
of the amount of any such fees and disbursements;
(6) The net advance amount;
(7) The amount of any penalties or liquidated damages
payable by the payee in the event of any breach of the transfer
agreement by the payee; and
(8) A statement that the payee has the right to cancel the
transfer agreement, without penalty or further obligation, not
later than the third business day after the date the agreement
is signed by the payee. [2001 c 178 § 3.]
19.205.030
19.205.030 Structured settlement payment rights—
Transfer—Order—Express findings. A direct or indirect
transfer of structured settlement payment rights is not effec[Title 19 RCW—page 247]
19.205.040
Title 19 RCW: Business Regulations—Miscellaneous
tive and a structured settlement obligor or annuity issuer is
not required to make any payment directly or indirectly to
any transferee of structured settlement payment rights unless
the transfer has been approved in advance in a final court
order or order of a responsible administrative authority based
on express findings by such court or responsible administrative authority that:
(1) The transfer is in the best interest of the payee, taking
into account the welfare and support of the payee's dependents;
(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the
transfer and has either received such advice or knowingly
waived such advice in writing; and
(3) The transfer does not contravene any applicable statute or the order of any court or other government authority.
[2001 c 178 § 4.]
(b) A copy of the transfer agreement;
(c) A copy of the disclosure statement required under
RCW 19.205.020;
(d) A listing of each of the payee's dependents, together
with each dependent's age;
(e) Notification that any interested party is entitled to
support, oppose, or otherwise respond to the transferee's
application, either in person or by counsel, by submitting
written comments to the court or responsible administrative
authority or by participating in the hearing; and
(f) Notification of the time and place of the hearing and
notification of the manner in which and the time by which
written responses to the application must be filed, which may
not be less than fifteen days after service of the transferee's
notice, in order to be considered by the court or responsible
administrative authority. [2001 c 178 § 6.]
19.205.060
19.205.040
19.205.040 Posttransfer of rights—Liabilities—
Requirements. Following a transfer of structured settlement
payment rights under this chapter:
(1) The structured settlement obligor and the annuity
issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;
(2) The transferee shall be liable to the structured settlement obligor and the annuity issuer:
(a) If the transfer contravenes the terms of the structured
settlement, for any taxes incurred by such parties as a consequence of the transfer; and
(b) For any other liabilities or costs, including reasonable
costs and attorneys' fees, arising from compliance by such
parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's
failure to comply with this chapter;
(3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment
between the payee and any transferee or assignee or between
two, or more, transferees or assignees; and
(4) Any further transfer of structured settlement payment
rights by the payee may be made only after compliance with
all of the requirements of this chapter. [2001 c 178 § 5.]
19.205.050
19.205.050 Application/approval of transfer—
Notice—Content. (1) An application under this chapter for
approval of a transfer of structured settlement payment rights
shall be made by the transferee and may be brought in the
county in which the payee resides, in the county in which the
structured settlement obligor or the annuity issuer maintains
its principal place of business, or in any court or before any
responsible administrative authority which approved the
structured settlement agreement.
(2) Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured
settlement payment rights under RCW 19.205.030, the transferee shall file with the court or responsible administrative
authority and serve on all interested parties a notice of the
proposed transfer and the application for its authorization,
including with such notice:
(a) A copy of the transferee's application;
[Title 19 RCW—page 248]
19.205.060 Transfer agreements—Further provisions. (1) The provisions of this chapter may not be waived
by any payee.
(2) Any transfer agreement entered into on or after July
22, 2001, by a payee who resides in this state shall provide
that disputes under such transfer agreement, including any
claim that the payee has breached the agreement, shall be
determined in and under the laws of this state. Such a transfer
agreement may not authorize the transferee or any other party
to confess judgment or consent to entry of judgment against
the payee.
(3) Transfer of structured settlement payment rights do
not extend to any payments that are life contingent unless,
prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer
and the structured settlement obligor for (a) periodically confirming the payee's survival, and (b) giving the annuity issuer
and the structured settlement obligor prompt written notice in
the event of the payee's death.
(4) No payee who proposes to make a transfer of structured settlement payment rights may incur any penalty, forfeit any application fee or other payment, or otherwise incur
any liability to the proposed transferee or any assignee based
on any failure of such a transfer to satisfy the conditions of
this chapter.
(5) This chapter does not authorize any transfer of structured settlement payment rights in contravention of any law,
nor does it imply that any transfer under a transfer agreement
entered into prior to July 22, 2001, is valid or invalid.
(6) Compliance with the requirements set forth in RCW
19.205.020 and fulfillment of the conditions set forth in
RCW 19.205.030 is the sole responsibility of the transferee in
any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer
bear any responsibility for, or any liability arising from, noncompliance with the requirements or failure to fulfill the conditions. [2001 c 178 § 7.]
19.205.900
19.205.900 Short title. This chapter may be known and
cited as the structured settlement protection act. [2001 c 178
§ 1.]
(2004 Ed.)
Unused Property Merchants
Chapter 19.210
Chapter 19.210 RCW
UNUSED PROPERTY MERCHANTS
Sections
19.210.010
19.210.020
19.210.030
19.210.040
19.210.010
Definitions.
Prohibited sales.
Chapter not applicable—Trade show, certain persons.
Penalties.
19.210.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1)(a) "Unused property market" means any event:
(i) At which two or more persons offer personal property
for sale or exchange and at which (A) these persons are
charged a fee for sale or exchange of personal property or (B)
prospective buyers are charged a fee for admission to the area
at which personal property is offered or displayed for sale or
exchange; or
(ii) Regardless of the number of persons offering or displaying personal property or the absence of fees, at which
personal property is offered or displayed for sale or exchange
if the event is held more than six times in any twelve-month
period.
(b) "Unused property market" is interchangeable with
and applicable to swap meet, indoor swap meet, flea market,
or other similar terms, regardless of whether these events are
held inside a building or outside in the open. The primary
characteristic is that these activities involve a series of sales
sufficient in number, scope, and character to constitute a regular course of business.
(c) "Unused property market" does not include:
(i) An event that is organized for the exclusive benefit of
any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or
charitable purposes, provided that no part of any admission
fee or parking fee charged vendors or prospective purchasers
or the gross receipts or net earnings from the sale or exchange
of personal property, whether in the form of a percentage of
the receipts or earnings, as salary, or otherwise, inures to the
benefit of any private shareholder or person participating in
the organization or conduct of the event; or
(ii) An event at which all of the personal property offered
for sale or displayed is new, and all persons selling or
exchanging personal property, or offering or displaying personal property for sale or exchange, are manufacturers or
authorized representatives of manufacturers or distributors.
(2) "Unused property merchant" means any person, other
than a vendor or merchant with an established retail store in
the county, who transports an inventory of goods to a building, vacant lot, or other unused property market location and
who, at that location, displays the goods for sale and sells the
goods at retail or offers the goods for sale at retail, except a
person who offers five or fewer items of the same new and
unused merchandise for sale or exchange at an unused property market.
(3) "Baby food" or "infant formula" means any food
manufactured, packaged, and labeled specifically for sale for
consumption by a child under the age of two years.
(4) "Nonprescription drug," which may also be referred
to as an over-the-counter drug, means any nonnarcotic medicine or drug that may be sold without a prescription and is
(2004 Ed.)
19.215.005
prepackaged for use by the consumer, prepared by the manufacturer or producer for use by the consumer, and required to
be properly labeled and unadulterated in accordance with the
requirements of the state food and drug laws and the federal
food, drug, and cosmetic act. "Nonprescription drug" does
not include herbal products, dietary supplements, botanical
extracts, or vitamins.
(5) "Medical device" means any instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent,
tool, or other similar or related article, including any component part or accessory, which is required under federal law to
bear the label "caution: federal law requires dispensing by or
on the order of a physician"; or which is defined by federal
law as a medical device and is intended for use in the diagnosis of disease or other conditions or in the cure, mitigation,
treatment, or prevention of disease in man or animals or is
intended to affect the structure or any function of the body of
man or animals, which does not achieve any of its principal
intended purposes through chemical action within or on the
body of man or animals and which is not dependent upon
being metabolized for achievement of any of its principal
intended purposes. [2001 c 160 § 1.]
19.210.020
19.210.020 Prohibited sales. No unused property merchant shall offer at an unused property market for sale or
knowingly permit the sale of baby food, infant formula, cosmetics, nonprescription drugs, or medical devices. This section does not apply to a person who keeps available for public
inspection a written authorization identifying that person as
an authorized representative of the manufacturer or distributor of such product, as long as the authorization is not false,
fraudulent, or fraudulently obtained. [2001 c 160 § 2.]
19.210.030
19.210.030 Chapter not applicable—Trade show,
certain persons. This chapter does not apply to:
(1) Business conducted in any industry or association
trade show; or
(2) Anyone who sells by sample, catalog, or brochure for
future delivery. [2001 c 160 § 3.]
19.210.040
19.210.040 Penalties. (1) A first violation of this chapter is a misdemeanor.
(2) A second violation of this chapter within five years is
a gross misdemeanor.
(3) A third or subsequent violation of this chapter within
five years is a class C felony. [2001 c 160 § 4.]
Chapter 19.215 RCW
DISPOSAL OF PERSONAL INFORMATION
Chapter 19.215
Sections
19.215.005
19.215.010
19.215.020
19.215.030
Finding.
Definitions.
Destruction of information—Liability—Exception—Civil
action.
Compliance with federal regulations.
19.215.005
19.215.005 Finding. The legislature finds that the careless disposal of personal information by commercial, governmental, or other entities poses a significant threat of identity
theft, thus risking a person's privacy, financial security, and
[Title 19 RCW—page 249]
19.215.010
Title 19 RCW: Business Regulations—Miscellaneous
other interests. The alarming increase in identity theft crimes
and other problems associated with the improper disposal of
personal information can be traced, in part, to disposal policies and methods that make it easy for unscrupulous persons
to obtain and use that information to the detriment of the public. Accordingly, the legislature declares that all organizations and individuals have a continuing obligation to ensure
the security and confidentiality of personal information during the process of disposing of that information. [2002 c 90
§ 1.]
19.215.010
19.215.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Entity" includes a sole proprietor, partnership, corporation, limited liability company, trust, association, financial institution, governmental entity, other than the federal
government, and any other individual or group, engaged in a
trade, occupation, enterprise, governmental function, or similar activity in this state, however organized and whether
organized to operate at a profit.
(2) "Destroy personal information" means shredding,
erasing, or otherwise modifying personal information in
records to make the personal information unreadable or undecipherable through any reasonable means.
(3) "Individual" means a natural person, except that if the
individual is under a legal disability, "individual" includes a
parent or duly appointed legal representative.
(4) "Personal financial" and "health information" mean
information that is identifiable to an individual and that is
commonly used for financial or health care purposes, including account numbers, access codes or passwords, information
gathered for account security purposes, credit card numbers,
information held for the purpose of account access or transaction initiation, or information that relates to medical history
or status.
(5) "Personal identification number issued by a government entity" means a tax identification number, social security number, driver's license or permit number, state identification card number issued by the department of licensing, or
any other number or code issued by a government entity for
the purpose of personal identification that is protected and is
not available to the public under any circumstances.
(6) "Record" includes any material, regardless of the
physical form, on which information is recorded or preserved
by any means, including in written or spoken words, graphically depicted, printed, or electromagnetically transmitted.
"Record" does not include publicly available directories containing information an individual has voluntarily consented
to have publicly disseminated or listed, such as name,
address, or telephone number. [2002 c 90 § 2.]
(2) An entity is not liable under this section for records it
has relinquished to the custody and control of the individual
to whom the records pertain.
(3) This subsection [section] does not apply to the disposal of records by a transfer of the records, not otherwise
prohibited by law, to another entity, including a transfer to
archive or otherwise preserve public records as required by
law.
(4) An individual injured by the failure of an entity to
comply with subsection (1) of this section may bring a civil
action in a court of competent jurisdiction. The court may:
(a) If the failure to comply is due to negligence, award a
penalty of two hundred dollars or actual damages, whichever
is greater, and costs and reasonable attorneys' fees; and
(b) If the failure to comply is willful, award a penalty of
six hundred dollars or damages equal to three times actual
damages, whichever is greater, and costs and reasonable
attorneys' fees. However, treble damages may not exceed ten
thousand dollars.
(5) An individual having reason to believe that he or she
may be injured by an act or failure to act that does not comply
with subsection (1) of this section may apply to a court of
competent jurisdiction to enjoin the act or failure to act. The
court may grant an injunction with terms and conditions as
the court may deem equitable.
(6) The attorney general may bring a civil action in the
name of the state for damages, injunctive relief, or both,
against an entity that fails to comply with subsection (1) of
this section. The court may award damages that are the same
as those awarded to individual plaintiffs under subsection (4)
of this section.
(7) The rights and remedies provided under this section
are in addition to any other rights or remedies provided by
law. [2002 c 90 § 3.]
19.215.030
19.215.030 Compliance with federal regulations.
Any bank, financial institution, health care organization, or
other entity that is subject to the federal regulations under the
interagency guidelines establishing standards for safeguarding customer information (12 C.F.R. 208 Appendix D-2, 12
C.F.R. 364 Appendix B, 12 C.F.R. 30 Appendix B, 12 C.F.R.
570 Appendix B); the guidelines for safeguarding member
information (12 C.F.R. 748 Appendix A); and the standards
for privacy of individually identifiable health information (45
C.F.R. 160 and 164), and which is in compliance with these
federal guidelines, is in compliance with the requirements of
this chapter. [2002 c 90 § 4.]
Chapter 19.220
Chapter 19.220 RCW
INTERNATIONAL MATCHMAKING
ORGANIZATIONS
Sections
19.215.020
19.215.020 Destruction of information—Liability—
Exception—Civil action. (1) An entity must take all reasonable steps to destroy, or arrange for the destruction of, personal financial and health information and personal identification numbers issued by government entities in an individual's records within its custody or control when the entity is
disposing of records that it will no longer retain.
[Title 19 RCW—page 250]
19.220.005
19.220.010
19.220.020
19.220.030
19.220.900
Intent.
Dissemination of information—Definitions.
Jurisdiction.
Finding—Consumer protection act—Application to chapter.
Effective date—2002 c 115.
19.220.005
19.220.005 Intent. The legislature intends to provide
increased consumer awareness on the part of persons living
(2004 Ed.)
Uniform Athlete Agent Act
abroad regarding Washington residents who utilize international matchmaking services for purposes of establishing
relationships with those living abroad. The legislature recognizes that persons living abroad are already required to provide background information to the federal government during visa applications, but, unlike residents of the United
States, are unlikely to have the means to access and fully verify personal history information about prospective spouses
residing in the United States. The legislature does not intend
to impede the ability of any person to establish a marital or
romantic relationship, but rather to increase the ability of persons living abroad to make informed decisions about Washington residents.
The legislature does not intend to adversely impact in
any way those businesses who offer international matchmaking services on a not for fee basis. [2002 c 115 § 1.]
19.220.010
19.220.010 Dissemination of information—Definitions. (1) Each international matchmaking organization
doing business in Washington state shall disseminate to a
recruit, upon request, state background check information
and personal history information relating to any Washington
state resident about whom any information is provided to the
recruit, in the recruit's native language. The organization
shall notify all recruits that background check and personal
history information is available upon request. The notice that
background check and personal history information is available upon request shall be in the recruit's native language and
shall be displayed in a manner that separates it from other
information, is highly noticeable, and in lettering not less
than one-quarter of an inch high.
(2) If an international matchmaking organization
receives a request for information from a recruit pursuant to
subsection (1) of this section, the organization shall notify the
Washington state resident of the request. Upon receiving
notification, the Washington state resident shall obtain from
the state patrol and provide to the organization the complete
transcript of any background check information provided
pursuant to RCW 43.43.760 based on a submission of fingerprint impressions and provided pursuant to RCW 43.43.838
and shall provide to the organization his or her personal history information. The organization shall require the resident
to affirm that personal history information is complete and
accurate. The organization shall refrain from knowingly providing any further services to the recruit or the Washington
state resident in regards to facilitating future interaction
between the recruit and the Washington state resident until
the organization has obtained the requested information and
provided it to the recruit.
(3) This section does not apply to a traditional matchmaking organization of a religious nature that otherwise
operates in compliance with the laws of the countries of the
recruits of such organization and the laws of the United States
nor to any organization that does not charge a fee to any party
for the service provided.
(4) As used in this section:
(a) "International matchmaking organization" means a
corporation, partnership, business, or other legal entity,
whether or not organized under the laws of the United States
or any state, that does business in the United States and for
profit offers to Washington state residents, including aliens
(2004 Ed.)
Chapter 19.225
lawfully admitted for permanent residence and residing in
Washington state, dating, matrimonial, or social referral services involving citizens of a foreign country or countries who
are not residing in the United States, by: (i) An exchange of
names, telephone numbers, addresses, or statistics; (ii) selection of photographs; or (iii) a social environment provided by
the organization in a country other than the United States.
(b) "Personal history information" means a declaration
of the person's current marital status, the number of previous
marriages, annulments, and dissolutions for the person, and
whether any previous marriages occurred as a result of
receiving services from an international matchmaking organization; founded allegations of child abuse or neglect; and
any existing orders under chapter 10.14, 10.99, or 26.50
RCW. Personal history information shall include information from the state of Washington and any information from
other states or countries.
(c) "Recruit" means a noncitizen, nonresident person,
recruited by an international matchmaking organization for
the purpose of providing dating, matrimonial, or social referral services. [2003 c 268 § 1; 2002 c 115 § 2.]
19.220.020 Jurisdiction. For purposes of establishing
personal jurisdiction under chapter 115, Laws of 2002, an
international matchmaking organization is deemed to be
doing business in Washington and therefore subject to specific jurisdiction if it contracts for matchmaking services with
a Washington resident or if it is considered to be doing business under any other provision or rule of law. [2002 c 115 §
3.]
19.220.020
19.220.030 Finding—Consumer protection act—
Application to chapter. The legislature finds that the practices covered by this chapter are matters vitally affecting the
public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is
not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or
commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86
RCW. [2002 c 115 § 4.]
19.220.030
19.220.900 Effective date—2002 c 115. This act takes
effect September 1, 2002. [2002 c 115 § 7.]
19.220.900
Chapter 19.225
Sections
19.225.010
19.225.020
19.225.030
19.225.040
19.225.050
19.225.060
19.225.070
19.225.080
19.225.090
19.225.100
19.225.110
19.225.120
19.225.900
19.225.901
19.225.902
19.225.903
Chapter 19.225 RCW
UNIFORM ATHLETE AGENT ACT
Definitions.
Service of process.
Athlete agents—Delivery of disclosure form required.
Athlete agent disclosure form—Requirements.
Disqualifications.
Form of contract.
Notice to educational institution.
Student-athlete's right to cancel.
Required records—Retention.
Prohibited acts.
Criminal/civil penalties.
Civil remedies.
Short title.
Application—Construction—2002 c 131.
Severability—2002 c 131.
Captions not law.
[Title 19 RCW—page 251]
19.225.010
Title 19 RCW: Business Regulations—Miscellaneous
19.225.010
19.225.010 Definitions. In this chapter:
(1) "Agency contract" means an agreement in which a
student-athlete authorizes a person to negotiate or solicit on
behalf of the student-athlete a professional-sports-services
contract or an endorsement contract.
(2) "Athlete agent" means an individual who enters into
an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an
agency contract. The term does not include a spouse, parent,
sibling, grandparent, or legal guardian of the student-athlete
or an individual acting solely on behalf of a professional
sports team or professional sports organization. The term
includes an individual who represents to the public that the
individual is an athlete agent.
(3) "Athletic director" means an individual responsible
for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and
female students, the athletic program for males or the athletic
program for females, as appropriate.
(4) "Contact" means a communication, direct or indirect,
between an athlete agent and a student-athlete, to recruit or
solicit the student-athlete to enter into an agency contract.
(5) "Endorsement contract" means an agreement under
which a student-athlete is employed or receives consideration
to use on behalf of the other party any value that the studentathlete may have because of publicity, reputation, following,
or fame obtained because of athletic ability or performance.
(6) "Intercollegiate sport" means a sport played at the
collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.
(7) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, or government; governmental subdivision, agency, or instrumentality; public corporation; or
any other legal or commercial entity.
(8) "Professional-sports-services contract" means an
agreement under which an individual is employed or agrees
to render services as a player on a professional sports team,
with a professional sports organization, or as a professional
athlete.
(9) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(10) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(11) "Student-athlete" means an individual who engages
in, is eligible to engage in, or may be eligible in the future to
engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate
sport, the individual is not a student-athlete for purposes of
that sport. [2002 c 131 § 2.]
19.225.020
19.225.020 Service of process. By engaging in the
business of an athlete agent in this state, a nonresident individual appoints the secretary of state as the individual's agent
to accept service of process in any civil action related to the
[Title 19 RCW—page 252]
individual's business as an athlete agent in this state. [2002 c
131 § 3.]
19.225.030
19.225.030 Athlete agents—Delivery of disclosure
form required. (1) Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete
agent in this state unless on the day of initial contact with any
student-athlete the athlete agent delivers to the student-athlete the athlete agent disclosure form as required by RCW
19.225.040.
(2) An individual may act as an athlete agent before
delivering an athlete agent disclosure form for all purposes
except signing an agency contract if:
(a) A student-athlete or another acting on behalf of the
student-athlete initiates communication with the individual;
and
(b) Within seven days after an initial act as an athlete
agent, the individual delivers an athlete agent disclosure form
to the student-athlete.
(3) An agency contract resulting from conduct in violation of this section is void. The athlete agent shall return any
consideration received under the contract. [2002 c 131 § 4.]
19.225.040
19.225.040 Athlet e agent disclosure form—
Requirements. (1) The athlete agent disclosure form must
be in a record executed in the name of an individual and
signed by the athlete agent under penalty of perjury and,
except as otherwise provided in subsection (2) of this section,
must state or contain:
(a) The name of the athlete agent and the address of the
athlete agent's principal place of business;
(b) The name of the athlete agent's business or employer,
if applicable;
(c) Any business or occupation engaged in by the athlete
agent for the five years next preceding the date of execution
of the athlete agent disclosure form;
(d) A description of the athlete agent's:
(i) Formal training as an athlete agent;
(ii) Practical experience as an athlete agent; and
(iii) Educational background relating to the athlete
agent's activities as an athlete agent;
(e) The names and addresses of three individuals not
related to the athlete agent who are willing to serve as references;
(f) The name, sport, and last known team for each individual for whom the athlete agent provided services as an athlete agent during the five years next preceding the date of
execution of the athlete agent disclosure form;
(g) The names and addresses of all persons who are:
(i) With respect to the athlete agent's business if it is not
a corporation, the partners, officers, associates, or profit-sharers; and
(ii) With respect to a corporation employing the athlete
agent, the officers, directors, and any shareholder of the corporation with a five percent or greater interest;
(h) Whether the athlete agent or any other person named
pursuant to (g) of this subsection has been convicted of a
crime that, if committed in this state, would be a felony or
other crime involving moral turpitude, and identify the crime;
(2004 Ed.)
Uniform Athlete Agent Act
(i) Whether there has been any administrative or judicial
determination that the athlete agent or any other person
named pursuant to (g) of this subsection has made a false,
misleading, deceptive, or fraudulent representation;
(j) Any instance in which the conduct of the athlete agent
or any other person named pursuant to (g) of this subsection
resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or
intercollegiate athletic event on a student-athlete or educational institution;
(k) Any sanction, suspension, or disciplinary action
taken against the athlete agent or any other person named
pursuant to (g) of this subsection arising out of occupational
or professional conduct; and
(l) Whether there has been any denial of an application
for, suspension or revocation of, or refusal to renew, the registration or licensure of the athlete agent or any other person
named pursuant to (g) of this subsection as an athlete agent in
any state.
(2) An individual who has submitted an application for,
and received a certificate of or a renewal of a certificate of,
registration or licensure as an athlete agent in another state
may submit a copy of the application and a valid certificate of
registration or licensure from the other state in lieu of submitting an athlete agent disclosure form in the form prescribed
pursuant to subsection (1) of this section, but only if the
application to the other state:
(a) Was submitted in the other state within the six
months next preceding the date of delivery of the athlete
agent disclosure form in this state and the athlete agent certifies the information contained in the application is current;
(b) Contains information substantially similar to or more
comprehensive than that required in an athlete agent disclosure form under subsection (1) of this section; and
(c) Was signed by the athlete agent under penalty of perjury. [2002 c 131 § 5.]
19.225.050
19.225.050 Disqualifications. No person may engage
in the business of an athlete agent who has:
(1) Been convicted of a crime that, if committed in this
state, would be a felony or other crime involving moral turpitude;
(2) Made a materially false, misleading, deceptive, or
fraudulent representation as an athlete agent or in the application for licensure or registration as an athlete agent in another
state;
(3) Engaged in conduct prohibited by RCW 19.225.100;
(4) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure in any state; or
(5) Engaged in conduct or failed to engage in conduct the
consequence of which was that a sanction, suspension, or
declaration of ineligibility to participate in an interscholastic
or intercollegiate athletic event was imposed on a studentathlete or educational institution. [2002 c 131 § 6.]
19.225.060
19.225.060 Form of contract. (1) An agency contract
must be in a record signed by the parties.
(2) An agency contract must state or contain:
(2004 Ed.)
19.225.070
(a) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other
consideration the athlete agent has received or will receive
from any other source for entering into the contract or for
providing the services;
(b) The name of any person other than the athlete agent
who will be compensated because the student-athlete signed
the agency contract;
(c) A description of any expenses that the student-athlete
agrees to reimburse;
(d) A description of the services to be provided to the
student-athlete;
(e) The duration of the contract; and
(f) The date of execution.
(3) An agency contract must contain, in close proximity
to the signature of the student-athlete, a conspicuous notice in
boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(a) YOU MAY LOSE YOUR ELIGIBILITY TO
COMPETE AS A STUDENT-ATHLETE IN YOUR
SPORT;
(b) BOTH YOU AND YOUR ATHLETE AGENT
ARE REQUIRED T O TELL YOUR ATHLE TIC
DIRECTOR, IF YOU HAVE AN ATHLETIC DIRECTOR, AT LEAST SEVENTY-TWO HOURS PRIOR TO
ENTERING INTO AN AGENCY CONTRACT AND
AGAIN WITHIN SEVENTY-TWO HOURS AFTER
ENTERING INTO AN AGENCY CONTRACT; AND
(c) YOU MAY CANCEL THIS CONTRACT
WITHIN FOURTEEN DAYS AFTER SIGNING IT.
CANCELLATION OF THE CONTRACT MAY NOT
REINSTATE YOUR ELIGIBILITY.
(4) A copy of the athlete agent disclosure form delivered
to the student-athlete shall be attached to the agency contract.
(5) An agency contract that does not conform to this section is voidable by the student-athlete.
(6) The athlete agent shall give a copy of the signed
agency contract to the student-athlete at the time of signing.
[2002 c 131 § 7.]
19.225.070
19.225.070 Notice to educational institution. (1) At
least seventy-two hours prior to entering into an agency contract, the athlete agent shall give notice in a record of the
existence of the contract and shall provide a copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student-athlete is enrolled or
the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(2) Within seventy-two hours after entering into an
agency contract or before the next scheduled athletic event in
which the student-athlete may participate, whichever occurs
first, the athlete agent shall give notice in a record of the
existence of the contract and shall provide a copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student-athlete is enrolled or
the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
[Title 19 RCW—page 253]
19.225.080
Title 19 RCW: Business Regulations—Miscellaneous
(3) At least seventy-two hours prior to entering into an
agency contract, the student-athlete shall give notice in a
record of the existence of the contract and shall provide a
copy of the athlete agent disclosure form to the athletic director of the educational institution at which the student-athlete
is enrolled.
(4) Within seventy-two hours after entering into an
agency contract or before the next athletic event in which the
student-athlete may participate, whichever occurs first, the
student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that
he or she has entered into an agency contract and shall provide a copy of the athlete agent disclosure form. [2002 c 131
§ 8.]
(e) Predate or postdate an agency contract;
(f) Fail to notify a student-athlete prior to the studentathlete's signing an agency contract for a particular sport that
the signing by the student-athlete may make the student-athlete ineligible to participate as a student-athlete in that sport;
(g) Ask or allow a student-athlete to waive or attempt to
waive rights under this chapter;
(h) Fail to give notice required under RCW 19.225.070;
or
(i) Engage in the business of an athlete agent in this state:
(A) At any time after conviction under RCW 19.225.110; or
(B) within five years of entry of a civil judgment under RCW
19.225.120. [2002 c 131 § 11.]
19.225.110
19.225.080
19.225.080 Student-athlete's right to cancel. (1) A
student-athlete may cancel an agency contract by giving
notice in a record to the athlete agent of the cancellation
within fourteen days after the contract is signed.
(2) A student-athlete may not waive the right to cancel
an agency contract.
(3) If a student-athlete cancels an agency contract, the
student-athlete is not required to pay any consideration under
the contract or to return any consideration received from the
agent to induce the student-athlete to enter into the contract.
[2002 c 131 § 9.]
19.225.090
19.225.090 Required records—Retention. (1) An athlete agent shall retain the following records for a period of
five years:
(a) The name and address of each individual represented
by the athlete agent;
(b) Any agency contract entered into by the athlete
agent; and
(c) Any direct costs incurred by the athlete agent in the
recruitment or solicitation of a student-athlete.
(2) Records required by subsection (1) of this section to
be retained are subject to subpoena in a judicial proceeding.
[2002 c 131 § 10.]
19.225.100
19.225.100 Prohibited acts. (1) An athlete agent may
not do any of the following with the intent to induce a student-athlete to enter into an agency contract:
(a) Give any materially false or misleading information
or make a materially false promise or representation;
(b) Furnish anything of value to a student-athlete before
the student-athlete enters into the agency contract; or
(c) Furnish anything of value to any individual other than
the student-athlete or another registered athlete agent.
(2) An athlete agent may not intentionally:
(a) Initiate contact with a student-athlete unless providing the student-athlete with the athlete agent disclosure form
as provided in RCW 19.225.030;
(b) Refuse or willfully fail to retain or produce in
response to subpoena the records required by RCW
19.225.090;
(c) Fail to disclose information required by RCW
19.225.040;
(d) Provide materially false or misleading information in
an athlete agent disclosure form;
[Title 19 RCW—page 254]
19.225.110 Criminal/civil penalties. The commission
of any act prohibited by RCW 19.225.100 by an athlete agent
is a class C felony punishable according to chapter 9A.20
RCW. In addition to any criminal penalties, the court may
assess a civil penalty of up to ten thousand dollars for a violation of RCW 19.225.100. [2002 c 131 § 12.]
19.225.120
19.225.120 Civil remedies. (1) An educational institution has a right of action against an athlete agent or a former
student-athlete for damages caused by a violation of this
chapter. In an action under this section, the court may award
to the prevailing party costs and reasonable attorneys' fees.
(2) Damages of an educational institution under subsection (1) of this section include losses and expenses incurred
because, as a result of the activities of an athlete agent or
former student-athlete, the educational institution was injured
by a violation of this chapter or was penalized, disqualified,
or suspended from participation in athletics by a national
association for the promotion and regulation of athletics, by
an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions.
(3) A right of action under this section does not accrue
until the educational institution discovers or by the exercise
of reasonable diligence would have discovered the violation
by the athlete agent or former student-athlete.
(4) Any liability of the athlete agent or the former student-athlete under this section is several and not joint.
(5) This chapter does not restrict rights, remedies, or
defenses of any person under law or equity. [2002 c 131 §
13.]
19.225.900
19.225.900 Short title. This chapter may be cited as the
uniform athlete agents act. [2002 c 131 § 1.]
19.225.901
19.225.901 Application—Construction—2002 c 131.
In applying and construing this uniform act, consideration
must be given to the need to promote uniformity of the law
with respect to its subject matter of this chapter among states
that enact it. [2002 c 131 § 14.]
19.225.902
19.225.902 Severability—2002 c 131. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 131 § 15.]
(2004 Ed.)
Uniform Money Services Act
19.225.903 Captions not law. Captions used in this
chapter are not any part of the law. [2002 c 131 § 16.]
19.225.903
Chapter 19.230
Chapter 19.230 RCW
UNIFORM MONEY SERVICES ACT
Sections
19.230.005
19.230.010
19.230.020
19.230.030
19.230.040
19.230.050
19.230.060
19.230.070
19.230.080
19.230.090
19.230.100
19.230.110
19.230.120
19.230.130
19.230.140
19.230.150
19.230.160
19.230.170
19.230.180
19.230.190
19.230.200
19.230.210
19.230.220
19.230.230
19.230.240
19.230.250
19.230.260
19.230.270
19.230.280
19.230.290
19.230.300
19.230.310
19.230.320
19.230.330
19.230.340
19.230.900
19.230.901
19.230.902
19.230.903
19.230.904
19.230.905
Intent.
Definitions.
Application of chapter—Exclusions.
Money transmitter license required.
Application for a money transmitter license.
Surety bond/security.
Net worth for money transmitter.
Issuance of money transmitter license.
Currency exchange license required.
Application for a currency exchange license.
Issuance of a currency exchange license—Surrender of
license.
Annual license assessment and annual report.
Relationship between licensee and authorized delegate.
Authority to conduct examinations and investigations.
Joint examinations.
Reports.
Change of control.
Records.
Money laundering reports.
Confidentiality.
Maintenance of permissible investments.
Types of permissible investments.
Administrative proceedings.
License suspension, revocation—Receivership.
Suspension and revocation of authorized delegates.
Unlicensed persons.
Temporary orders to cease and desist.
Consent orders.
Violations—Liability.
Civil penalties.
Criminal penalties.
Administration and rule-making powers.
Fees.
Money transmitter delivery, receipts, and refunds.
Prohibited practices.
Short title.
Effective date—2003 c 287.
Implementation.
Uniformity of application and construction.
Severability—2003 c 287.
Captions not law.
19.230.005 Intent. It is the intent of the legislature to
establish a state system of licensure and regulation to ensure
the safe and sound operation of money transmission and currency exchange businesses, to ensure that these businesses
are not used for criminal purposes, to promote confidence in
the state's financial system, and to protect the public interest.
[2003 c 287 § 2.]
19.230.005
19.230.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Affiliate" means any person who directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another person.
(2) "Applicant" means a person that files an application
for a license under this chapter, including the applicant's proposed responsible individual and executive officers, and persons in control of the applicant.
(3) "Authorized delegate" means a person a licensee designates to provide money services on behalf of the licensee.
A person that is exempt from licensing under this chapter
cannot have an authorized delegate.
19.230.010
(2004 Ed.)
19.230.010
(4) "Financial institution" means any person doing business under the laws of any state or the United States relating
to commercial banks, bank holding companies, savings
banks, savings and loan associations, trust companies, or
credit unions.
(5) "Control" means:
(a) Ownership of, or the power to vote, directly or indirectly, at least twenty-five percent of a class of voting securities or voting interests of a licensee or applicant, or person in
control of a licensee or applicant;
(b) Power to elect a majority of executive officers, managers, directors, trustees, or other persons exercising managerial authority of a licensee or applicant, or person in control of
a licensee or applicant; or
(c) Power to exercise directly or indirectly, a controlling
influence over the management or policies of a licensee or
applicant, or person in control of a licensee or applicant.
(6) "Currency exchange" means exchanging the money
of one government for money of another government, or
holding oneself out as able to exchange the money of one
government for money of another government. The following persons are not considered currency exchangers:
(a) Affiliated businesses that engage in currency
exchange for a business purpose other than currency
exchange;
(b) A person who provides currency exchange services
for a person acting primarily for a business, commercial,
agricultural, or investment purpose when the currency
exchange is incidental to the transaction;
(c) A person who deals in coins or a person who deals in
money whose value is primarily determined because it is rare,
old, or collectible; and
(d) A person who in the regular course of business
chooses to accept from a customer the currency of a country
other than the United States in order to complete the sale of a
good or service other than currency exchange, that may
include cash back to the customer, and does not otherwise
trade in currencies or transmit money for compensation or
gain.
(7) "Executive officer" means a president, chairperson of
the executive committee, chief financial officer, responsible
individual, or other individual who performs similar functions.
(8) "Licensee" means a person licensed under this chapter.
(9) "Material litigation" means litigation that according
to generally accepted accounting principles is significant to
an applicant's or a licensee's financial health and would be
required to be disclosed in the applicant's or licensee's annual
audited financial statements, report to shareholders, or similar records.
(10) "Money" means a medium of exchange that is
authorized or adopted by the United States or a foreign government or other recognized medium of exchange. "Money"
includes a monetary unit of account established by an intergovernmental organization or by agreement between two or
more governments.
(11) "Money services" means money transmission or
currency exchange.
(12) "Money transmission" means receiving money or its
equivalent value to transmit, deliver, or instruct to be deliv[Title 19 RCW—page 255]
19.230.020
Title 19 RCW: Business Regulations—Miscellaneous
ered the money or its equivalent value to another location,
inside or outside the United States, by any means including
but not limited to by wire, facsimile, or electronic transfer.
"Money transmission" does not include the provision solely
of connection services to the internet, telecommunications
services, or network access.
(13) "Outstanding money transmission" means the value
of all money transmissions reported to the licensee for which
the money transmitter has received money or its equivalent
value from the customer for transmission, but has not yet
completed the money transmission by delivering the money
or monetary value to the person designated by the customer.
(14) "Payment instrument" means a check, draft, money
order, traveler's check, or other instrument for the transmission or payment of money or its equivalent value, whether or
not negotiable. "Payment instrument" does not include a
credit card voucher, letter of credit, or instrument that is
redeemable by the issuer in goods or services.
(15) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture; government, governmental subdivision, agency, or instrumentality; public corporation; or any
other legal or commercial entity.
(16) "Record" means information that is inscribed on a
tangible medium, or that is stored in an electronic or other
medium, and is retrievable in perceivable form.
(17) "Responsible individual" means an individual who
is employed by a licensee and has principal managerial
authority over the provision of money services by the licensee in this state.
(18) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(19) "Director" means the director of financial institutions.
(20) "Unsafe or unsound practice" means a practice or
conduct by a person licensed to provide money services, or
an authorized delegate of such a person, which creates the
likelihood of material loss, insolvency, or dissipation of the
licensee's assets, or otherwise materially prejudices the financial condition of the licensee or the interests of its customers.
(21) "Board director" means a member of the applicant's
or licensee's board of directors if the applicant is a corporation or limited liability company, or a partner if the applicant
or licensee is a partnership.
(22) "Annual license assessment due date" means the
date specified in rule by the director upon which the annual
license assessment is due.
(23) "Currency exchanger" means a person that is
engaged in currency exchange.
(24) "Money transmitter" means a person that is engaged
in money transmission.
(25) "Mobile location" means a vehicle or movable facility where money services are provided.
(26) "Stored value" means the recognition of value or
credit to the account of persons, when that value or credit is
primarily intended to be redeemed for a limited universe of
goods, intangibles, services, or other items provided by the
issuer of the stored value, its affiliates, or others involved in
[Title 19 RCW—page 256]
transactions functionally related to the issuer or its affiliates.
[2003 c 287 § 3.]
19.230.020
19.230.020 Application of chapter—Exclusions. This
chapter does not apply to:
(1) The United States or a department, agency, or instrumentality thereof;
(2) Money transmission by the United States postal service or by a contractor on behalf of the United States postal
service;
(3) A state, county, city, or a department, agency, or
instrumentality thereof;
(4) A financial institution or its subsidiaries, affiliates,
and service corporations, or any office of an international
banking corporation, branch of a foreign bank, or corporation
organized pursuant to the Bank Service Corporation Act (12
U.S.C. Sec. 1861-1867) or a corporation organized under the
Edge Act (12 U.S.C. Sec. 611-633);
(5) Electronic funds transfer of governmental benefits
for a federal, state, county, or governmental agency by a contractor on behalf of the United States or a department,
agency, or instrumentality thereof, or a state or governmental
subdivision, agency, or instrumentality thereof;
(6) A board of trade designated as a contract market
under the federal Commodity Exchange Act (7 U.S.C. Sec. 125) or a person that, in the ordinary course of business, provides clearance and settlement services for a board of trade to
the extent of its operation as, or for, a board of trade;
(7) A registered futures commission merchant under the
federal commodities laws to the extent of its operation as
such a merchant;
(8) A person that provides clearance or settlement services under a registration as a clearing agency, or an exemption from that registration granted under the federal securities
laws, to the extent of its operation as such a provider;
(9) An operator of a payment system only to the extent
that it provides processing, clearing, or settlement services,
between or among persons who are all excluded by this section, in connection with wire transfers, credit card transactions, debit card transactions, stored-value transactions, automated clearinghouse transfers, or similar funds transfers;
(10) A person registered as a securities broker-dealer or
investment advisor under federal or state securities laws to
the extent of its operation as such a broker-dealer or investment advisor;
(11) An insurance company, title insurance company, or
escrow agent to the extent that such an entity is lawfully
authorized to conduct business in this state as an insurance
company, title insurance company, or escrow agent and to the
extent that they engage in money transmission or currency
exchange as an ancillary service when conducting insurance,
title insurance, or escrow activity;
(12) The issuance, sale, use, redemption, or exchange of
stored value or of payment instruments; or
(13) An attorney, to the extent that the attorney is lawfully authorized to practice law in this state and to the extent
that the attorney engages in money transmission or currency
exchange as an ancillary service to the practice of law. [2003
c 287 § 4.]
(2004 Ed.)
Uniform Money Services Act
19.230.030 Money transmitter license required. (1)
A person may not engage in the business of money transmission, or advertise, solicit, or hold itself out as providing
money transmission, unless the person is:
(a) Licensed as a money transmitter under this chapter;
or
(b) An authorized delegate of a person licensed as a
money transmitter under this chapter.
(2) A money transmitter license is not transferable or
assignable. [2003 c 287 § 5.]
19.230.030
19.230.040 Application for a money transmitter
license. (1) A person applying for a money transmitter
license under this chapter shall do so in a form and in a
medium prescribed in rule by the director. The application
must state or contain:
(a) The legal name, business addresses, and residential
address, if applicable, of the applicant and any fictitious or
trade name used by the applicant in conducting its business;
(b) The legal name, residential and business addresses,
date of birth, social security number, employment history for
the five-year period preceding the submission of the application of the applicant's proposed responsible individual, and
documentation that the proposed responsible individual is a
citizen of the United States or has obtained legal immigration
status to work in the United States. In addition, the applicant
shall provide the fingerprints of the proposed responsible
individual upon the request of the director;
(c) For the ten-year period preceding submission of the
application, a list of any criminal convictions of the proposed
responsible individual of the applicant, any material litigation
in which the applicant has been involved, and any litigation
involving the proposed responsible individual relating to the
provision of money services;
(d) A description of any money services previously provided by the applicant and the money services that the applicant seeks to provide in this state;
(e) A list of the applicant's proposed authorized delegates and the locations in this state where the applicant and its
authorized delegates propose to engage in the provision of
money services;
(f) A list of other states in which the applicant is licensed
to engage in money transmission, or provide other money
services, and any license revocations, suspensions, restrictions, or other disciplinary action taken against the applicant
in another state;
(g) A list of any license revocations, suspensions, restrictions, or other disciplinary action taken against any money
services business involving the proposed responsible individual;
(h) Information concerning any bankruptcy or receivership proceedings involving or affecting the applicant or the
proposed responsible individual;
(i) A sample form of contract for authorized delegates, if
applicable;
(j) A description of the source of money and credit to be
used by the applicant to provide money services; and
(k) Any other information regarding the background,
experience, character, financial responsibility, and general
fitness of the applicant, the applicant's responsible individual,
or authorized delegates that the director may require in rule.
19.230.040
(2004 Ed.)
19.230.040
(2) If an applicant is a corporation, limited liability company, partnership, or other entity, the applicant shall also provide:
(a) The date of the applicant's incorporation or formation
and state or country of incorporation or formation;
(b) If applicable, a certificate of good standing from the
state or country in which the applicant is incorporated or
formed;
(c) A brief description of the structure or organization of
the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded;
(d) The legal name, any fictitious or trade name, all business and residential addresses, date of birth, social security
number, and employment history in the ten-year period preceding the submission of the application for each executive
officer, board director, or person that has control of the applicant;
(e) If the applicant or its corporate parent is not a publicly traded entity, the director may request the fingerprints of
each executive officer, board director, or person that has control of the applicant;
(f) A list of any criminal convictions, material litigation,
and any litigation related to the provision of money services,
in the ten-year period preceding the submission of the application in which any executive officer, board director, or person in control of the applicant has been involved;
(g) A copy of the applicant's audited financial statements
for the most recent fiscal year or, if the applicant is a wholly
owned subsidiary of another corporation, the most recent
audited consolidated annual financial statement of the parent
corporation or the applicant's most recent audited consolidated annual financial statement, and in each case, if available, for the two-year period preceding the submission of the
application;
(h) A copy of the applicant's unconsolidated financial
statements for the current fiscal year, whether audited or not,
and, if available, for the two-year period preceding the submission of the application;
(i) If the applicant is publicly traded, a copy of the most
recent report filed with the United States securities and
exchange commission under section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78m);
(j) If the applicant is a wholly owned subsidiary of:
(i) A corporation publicly traded in the United States, a
copy of audited financial statements for the parent corporation for the most recent fiscal year or a copy of the parent corporation's most recent report filed under section 13 of the federal Securities Exchange Act of 1934 (15 U.S.C. Sec. 78m);
or
(ii) A corporation publicly traded outside the United
States, a copy of similar documentation filed with the regulator of the parent corporation's domicile outside the United
States;
(k) If the applicant has a registered agent in this state, the
name and address of the applicant's registered agent in this
state; and
(l) Any other information that the director may require in
rule regarding the applicant, each executive officer, or each
board director to determine the applicant's background, experience, character, financial responsibility, and general fitness.
[Title 19 RCW—page 257]
19.230.050
Title 19 RCW: Business Regulations—Miscellaneous
(3) A nonrefundable application fee and an initial license
fee, as determined in rule by the director, must accompany an
application for a license under this chapter. The initial
license fee must be refunded if the application is denied.
(4) The director may waive one or more requirements of
subsection (1) or (2) of this section or permit an applicant to
submit other information in lieu of the required information.
[2003 c 287 § 6.]
19.230.050
19.230.050 Surety bond/security. (1) Each money
transmitter licensee shall maintain a surety bond, or other
similar security acceptable to the director, in the amount of at
least ten thousand dollars, and not exceeding fifty thousand
dollars, as defined in rule by the director, plus ten thousand
dollars per location, including locations of authorized delegates, not exceeding a total addition of five hundred thousand
dollars.
(2) The surety bond shall run to the state of Washington
as obligee, and shall run to the benefit of the state and any
person or persons who suffer loss by reason of a licensee's or
licensee's authorized delegate's violation of this chapter or the
rules adopted under this chapter. A claimant against a money
transmitter licensee may maintain an action on the bond, or
the director may maintain an action on behalf of the claimant.
(3) The surety bond shall be continuous and may be canceled by the surety upon the surety giving written notice to
the director of its intent to cancel the bond. The cancellation
is effective thirty days after the notice of cancellation is
received by the director or the director's designee. Whether
or not the bond is renewed, continued, replaced, or modified,
including increases or decreases in the penal sum, it is considered one continuous obligation, and the surety upon the
bond is not liable in an aggregate or cumulative amount
exceeding the penal sum set forth on the face of the bond. In
no event may the penal sum, or any portion thereof, at two or
more points in time, be added together in determining the
surety's liability.
(4) A surety bond or other security must cover claims for
at least five years after the date of a money transmitter licensee's violation of this chapter, or at least five years after the
date the money transmitter licensee ceases to provide money
services in this state, whichever is longer. However, the
director may permit the amount of the surety bond or other
security to be reduced or eliminated before the expiration of
that time to the extent the amount of the licensee's obligations
outstanding in this state are reduced.
(5) In the event that a money transmitter licensee does
not maintain a surety bond or other form of security satisfactory to the director in the amount required under subsection
(1) of this section, the director may issue a temporary cease
and desist order under RCW 19.230.260.
(6) The director may increase the amount of security
required to a maximum of one million dollars if the financial
condition of a money transmitter licensee so requires, as evidenced by reduction of net worth, financial losses, potential
losses as a result of violations of this chapter or rules adopted
under this chapter, or other relevant criteria specified by the
director in rule. [2003 c 287 § 7.]
[Title 19 RCW—page 258]
19.230.060
19.230.060 Net worth for money transmitter. A
money transmitter licensed under this chapter shall maintain
a net worth, determined in accordance with generally
accepted accounting principles, as determined in rule by the
director. The director shall require a net worth of at least ten
thousand dollars and not more than fifty thousand dollars. In
the event that a licensee's net worth, as determined in accordance with generally accepted accounting principles, falls
below the amount required in rule, the director or the director's designee may initiate action under RCW 19.230.230 and
19.230.260. The licensee may request a hearing on such an
action under chapter 34.05 RCW. [2003 c 287 § 8.]
19.230.070
19.230.070 Issuance of money transmitter license.
(1) When an application for a money transmitter license is
filed under this chapter, the director or the director's designee
shall investigate the applicant's financial condition and
responsibility, financial and business experience, competence, character, and general fitness. The director or the
director's designee may conduct an on-site investigation of
the applicant, the cost of which must be paid by the applicant
as specified in RCW 19.230.320 or rules adopted under this
chapter. The director shall issue a money transmitter license
to an applicant under this chapter if the director or the director's designee finds that all of the following conditions have
been fulfilled:
(a) The applicant has complied with RCW 19.230.040,
19.230.050, and 19.230.060;
(b) The financial condition and responsibility, financial
and business experience, competence, character, and general
fitness of the applicant; and the competence, financial and
business experience, character, and general fitness of the
executive officers, proposed responsible individual, board
directors, and persons in control of the applicant; indicate that
it is in the interest of the public to permit the applicant to
engage in the business of providing money transmission services; and
(c) Neither the applicant, nor any executive officer, nor
person who exercises control over the applicant, nor the proposed responsible individual is listed on the specially designated nationals and blocked persons list prepared by the
United States department of the treasury or department of
state under Presidential Executive Order No. 13224.
(2) The director may for good cause extend the application review period.
(3) An applicant whose application is denied by the
director under this chapter may appeal under chapter 34.05
RCW.
(4) A money transmitter license issued under this chapter
is valid from the date of issuance and remains in effect with
no fixed date of expiration unless otherwise suspended or
revoked by the director or unless the license expires for nonpayment of the annual license assessment and any late fee, if
applicable.
(5) A money transmitter licensee may surrender a license
by delivering the original license to the director along with a
written notice of surrender. The written notice of surrender
must include notice of where the records of the licensee will
be stored and the name, address, telephone number, and other
contact information of a responsible party who is authorized
to provide access to the records. The surrender of a license
(2004 Ed.)
Uniform Money Services Act
does not reduce or eliminate the licensee's civil or criminal
liability arising from acts or omissions occurring prior to the
surrender of the license, including any administrative actions
undertaken by the director or the director's designee to revoke
or suspend a license, to assess fines, to order payment of restitution, or to exercise any other authority authorized under
this chapter. [2003 c 287 § 9.]
19.230.080
19.230.080 Currency exchange license required. (1)
A person may not engage in the business of currency
exchange or advertise, solicit, or hold itself out as able to
engage in currency exchange for which the person receives
revenue equal to or greater than five percent of total revenues, unless the person is:
(a) Licensed to provide currency exchange under this
chapter;
(b) Licensed for money transmission under this chapter;
or
(c) An authorized delegate of a person licensed under
this chapter.
(2) A license under this chapter is not transferable or
assignable. [2003 c 287 § 10.]
19.230.090
19.230.090 Application for a currency exchange
license. (1) A person applying for a currency exchange
license under this chapter shall do so in a form and in a
medium prescribed in rule by the director. The application
must state or contain:
(a) The legal name, business addresses, and residential
address, if applicable, of the applicant and any fictitious or
trade name used by the applicant in conducting its business,
and the legal name, residential and business addresses, date
of birth, social security number, employment history for the
five-year period preceding the submission of the application;
and upon request of the director, fingerprints of the applicant's proposed responsible individual and documentation
that the proposed responsible individual is a citizen of the
United States or has obtained legal immigration status to
work in the United States;
(b) For the ten-year period preceding the submission of
the application, a list of any criminal convictions of the proposed responsible individual of the applicant, any material
litigation in which the applicant has been involved, and any
litigation involving the proposed responsible individual relating to the provision of money services;
(c) A description of any money services previously provided by the applicant and the money services that the applicant seeks to provide in this state;
(d) A list of the applicant's proposed authorized delegates and the locations in this state where the applicant and its
authorized delegates propose to engage in currency
exchange;
(e) A list of other states in which the applicant engages in
currency exchange or provides other money services and any
license revocations, suspensions, restrictions, or other disciplinary action taken against the applicant in another state;
(f) A list of any license revocations, suspensions, restrictions, or other disciplinary action taken against any money
services business involving the proposed responsible individual;
(2004 Ed.)
19.230.100
(g) Information concerning any bankruptcy or receivership proceedings involving or affecting the applicant or the
proposed responsible individual;
(h) A sample form of contract for authorized delegates, if
applicable;
(i) A description of the source of money and credit to be
used by the applicant to provide currency exchange; and
(j) Any other information regarding the background,
experience, character, financial responsibility, and general
fitness of the applicant, the applicant's responsible individual,
or authorized delegates that the director may require in rule.
(2) If an applicant is a corporation, limited liability company, partnership, or other entity, the applicant shall also provide:
(a) The date of the applicant's incorporation or formation
and state or country of incorporation or formation;
(b) If applicable, a certificate of good standing from the
state or country in which the applicant is incorporated or
formed;
(c) A brief description of the structure or organization of
the applicant, including any parent or subsidiary of the applicant, and whether any parent or subsidiary is publicly traded;
(d) The legal name, any fictitious or trade name, all business and residential addresses, date of birth, social security
number, and employment history in the ten-year period preceding the submission of the application for each executive
officer, board director, or person that has control of the applicant;
(e) If the applicant or its corporate parent is not a publicly traded entity, the director may request the fingerprints
for each executive officer, board director, or person that has
control of the applicant; and
(f) A list of any criminal convictions, material litigation,
and any litigation related to the provision of money services,
in which any executive officer, board director, or person in
control of the applicant has been involved in the ten-year
period preceding the submission of the application.
(3) A nonrefundable application fee and an initial license
fee, as determined in rule by the director, must accompany an
application for a currency exchange license under this chapter. The license fee must be refunded if the application is
denied.
(4) The director may waive one or more requirements of
subsection (1) or (2) of this section or permit an applicant to
submit other information in lieu of the required information.
[2003 c 287 § 11.]
19.230.100 Issuance of a currency exchange license—
Surrender of license. (1) When an application for a currency exchange license is filed under this chapter, the director
or the director's designee shall investigate the applicant's
financial condition and responsibility, financial and business
experience, competence, character, and general fitness. The
director or the director's designee may conduct an on-site
investigation of the applicant, the cost of which must be paid
by the applicant as specified in RCW 19.230.320 or rules
adopted under this chapter. The director shall issue a currency exchange license to an applicant under this chapter if
the director or the director's designee finds that all of the following conditions have been fulfilled:
(a) The applicant has complied with RCW 19.230.090;
19.230.100
[Title 19 RCW—page 259]
19.230.110
Title 19 RCW: Business Regulations—Miscellaneous
(b) The financial and business experience, competence,
character, and general fitness of the applicant; and the competence, financial and business experience, character, and
general fitness of the executive officers, proposed responsible individual, board directors, and persons in control of the
applicant indicate that it is in the interest of the public to permit the applicant to engage in the business of providing currency exchange; and
(c) Neither the applicant, nor any executive officer, nor
person who exercises control over the applicant, nor the proposed responsible individual are listed on the specially designated nationals and blocked persons list prepared by the
United States department of treasury or department of state
under Presidential Executive Order No. 13224.
(2) The director may for good cause extend the application review period.
(3) An applicant whose application is denied by the
director under this chapter may appeal under chapter 34.05
RCW.
(4) A currency exchange license issued under this chapter is valid from the date of issuance and remains in effect
with no fixed date of expiration unless otherwise suspended
or revoked by the director, or unless the license expires for
nonpayment of the annual license assessment and any late
fee, if applicable.
(5) A currency exchange licensee may surrender a
license by delivering the original license to the director along
with a written notice of surrender. The written notice of surrender must include notice of where the records of the licensee will be stored and the name, address, telephone number, and other contact information of a responsible party who
is authorized to provide access to the records. The surrender
of a license does not reduce or eliminate the licensee's civil or
criminal liability arising from acts or omissions occurring
prior to the surrender of the license, including any administrative actions undertaken by the director or the director's
designee to revoke or suspend a license, to assess fines, to
order payment of restitution, or to exercise any other authority authorized under this chapter. [2003 c 287 § 12.]
19.230.110 Annual license assessment and annual
report. (1) A licensee shall pay an annual license assessment
as established in rule by the director no later than the annual
license assessment due date or, if the annual license assessment due date is not a business day, on the next business day.
(2) A licensee shall submit an annual report with the
annual license assessment, in a form and in a medium prescribed by the director in rule. The annual report must state
or contain:
(a) If the licensee is a money transmitter, a copy of the
licensee's most recent audited annual financial statement or,
if the licensee is a wholly owned subsidiary of another corporation, the most recent audited consolidated annual financial
statement of the parent corporation or the licensee's most
recent audited consolidated annual financial statement;
(b) A description of each material change, as defined in
rule by the director, to information submitted by the licensee
in its original license application which has not been previously reported to the director on any required report;
(c) If the licensee is a money transmitter, a list of the licensee's permissible investments and a certification that the
19.230.110
[Title 19 RCW—page 260]
licensee continues to maintain permissible investments
according to the requirements set forth in RCW 19.230.200
and 19.230.210;
(d) If the licensee is a money transmitter, proof that the
licensee continues to maintain adequate security as required
by RCW 19.230.050; and
(e) A list of the locations in this state where the licensee
or an authorized delegate of the licensee engages in or provides money services.
(3) If a licensee does not file an annual report or pay its
annual license assessment by the annual license assessment
due date, the director or the director's designee shall send the
licensee a notice of suspension and assess the licensee a late
fee not to exceed twenty-five percent of the annual license
assessment as established in rule by the director. The licensee's annual report and payment of both the annual license
assessment and the late fee must arrive in the department's
offices by 5:00 p.m. on the thirtieth day after the assessment
due date or any extension of time granted by the director,
unless that date is not a business day, in which case the licensee's annual report and payment of both the annual license
assessment and the late fee must arrive in the department's
offices by 5:00 p.m. on the next occurring business day. If
the licensee's annual report and payment of both the annual
license assessment and late fee do not arrive by such date, the
expiration of the licensee's license is effective at 5:00 p.m. on
the thirtieth day after the assessment due date, unless that
date is not a business day, in which case the expiration of the
licensee's license is effective at 5:00 p.m. on the next occurring business day. The director, or the director's designee,
may reinstate the license if, within twenty days after its effective date, the licensee:
(a) Files the annual report and pays both the annual
license assessment and the late fee; and
(b) The licensee did not engage in or provide money services during the period its license was expired. [2003 c 287
§ 13.]
19.230.120 Relationship between licensee and authorized delegate. (1) In this section, "remit" means to make
direct payments of money to a licensee or its representative
authorized to receive money or to deposit money in a bank in
an account specified by the licensee.
(2) A contract between a licensee and an authorized delegate must require the authorized delegate to operate in full
compliance with this chapter and the rules adopted under this
chapter.
(3) Neither the licensee nor an authorized delegate may
authorize subdelegates.
(4) An authorized delegate shall remit all money owing
to the licensee in accordance with the terms of the contract
between the licensee and the authorized delegate.
(5) If a license is suspended or revoked or a licensee surrenders its license, the director shall notify all authorized delegates of the licensee whose names are filed with the director
of the suspension, revocation, or surrender and shall publish
the name of the licensee. An authorized delegate shall immediately cease to provide money services as a delegate of the
licensee upon receipt of notice, or after publication is made,
that the licensee's license has been suspended, revoked, or
surrendered.
19.230.120
(2004 Ed.)
Uniform Money Services Act
(6) An authorized delegate may not provide money services other than those allowed the licensee under its license.
In addition, an authorized delegate may not provide money
services outside the scope of activity permissible under the
contract between the authorized delegate and the licensee,
except activity in which the authorized delegate is authorized
to engage under RCW 19.230.030 or 19.230.080. [2003 c
287 § 14.]
19.230.130
19.230.130 Authority to conduct examinations and
investigations. (1) For the purpose of discovering violations
of this chapter or rules adopted under this chapter, discovering unsafe and unsound practices, or securing information
lawfully required under this chapter, the director may at any
time, either personally or by designee, investigate or examine
the business and, wherever located, the books, accounts,
records, papers, documents, files, and other information used
in the business of every licensee or its authorized delegates,
and of every person who is engaged in the business of providing money services, whether the person acts or claims to act
under or without the authority of this chapter. For these purposes, the director or designated representative shall have
free access to the offices and places of business, books,
accounts, papers, documents, other information, records,
files, safes, and vaults of all such persons. The director or the
director's designee may require the attendance of and examine under oath all persons whose testimony may be required
about the business or the subject matter of any investigation,
examination, or hearing and may require such person to produce books, accounts, papers, documents, records, files, and
any other information the director or designated person
declares is relevant to the inquiry. The director may require
the production of original books, accounts, papers, documents, records, files, and other information; may require that
such original books, accounts, papers, documents, records,
files, and other information be copied; or may make copies
himself or herself or by designee of such original books,
accounts, papers, documents, records, files, or other information. The director or designated person may issue a subpoena
or subpoena duces tecum requiring attendance or compelling
production of the books, accounts, papers, documents,
records, files, or other information.
(2) The licensee, applicant, or person subject to licensing
under this chapter shall pay the cost of examinations and
investigations as specified in RCW 19.230.320 or rules
adopted under this chapter.
(3) Information obtained during an examination or
investigation under this chapter may be disclosed only as provided in RCW 19.230.190. [2003 c 287 § 15.]
19.230.140
19.230.140 Joint examinations. (1) The director may
conduct an on-site examination or investigation of the books,
accounts, records, papers, documents, files, and other information used in the business of every licensee or its authorized
delegates in conjunction with representatives of other state
agencies or agencies of another state or of the federal government. The director may accept an examination report or an
investigation report of an agency of this state or of another
state or of the federal government.
(2004 Ed.)
19.230.160
(2) A joint examination or investigation, or an acceptance of an examination or investigation report, does not preclude the director from conducting an examination or investigation under this chapter. A joint report or a report accepted
under this section is an official report of the director for all
purposes. [2003 c 287 § 16.]
19.230.150
19.230.150 Reports. (1) A licensee shall file with the
director within thirty business days any material changes in
information provided in a licensee's application as prescribed
in rule by the director. If this information indicates that the
licensee is no longer in compliance with this chapter, the
director may take any action authorized under this chapter to
ensure that the licensee operates in compliance with this
chapter.
(2) A licensee shall file with the director within fortyfive days after the end of each fiscal quarter a current list of
all authorized delegates and locations in this state where the
licensee, or an authorized delegate of the licensee, provides
money services, including mobile locations. The licensee
shall state the name and street address of each location and
authorized delegate operating at the location.
(3) A licensee shall file a report with the director within
one business day after the licensee has reason to know of the
occurrence of any of the following events:
(a) The filing of a petition by or against the licensee, or
any authorized delegate of the licensee, under the United
States Bankruptcy Code (11 U.S.C. Sec. 101-110) for bankruptcy or reorganization;
(b) The filing of a petition by or against the licensee, or
any authorized delegate of the licensee, for receivership, the
commencement of any other judicial or administrative proceeding for its dissolution or reorganization, or the making of
a general assignment for the benefit of its creditors;
(c) The commencement of a proceeding to revoke, suspend, restrict, or condition its license, or otherwise discipline
or sanction the licensee, in a state or country in which the licensee engages in business or is licensed;
(d) The cancellation or other impairment of the licensee's
bond or other security;
(e) A charge or conviction of the licensee or of an executive officer, responsible individual, board director of the licensee, or person in control of the licensee, for a felony; or
(f) A charge or conviction of an authorized delegate for a
felony. [2003 c 287 § 17.]
19.230.160
19.230.160 Change of control. (1) A licensee shall:
(a) Provide the director with written notice of a proposed
change of control within fifteen days after learning of the proposed change of control and at least thirty days prior to the
proposed change of control;
(b) Request approval of the change of control by submitting the information required in rule by the director; and
(c) Submit, with the notice, a nonrefundable fee as prescribed in rule by the director.
(2) After review of a request for approval under subsection (1) of this section, the director may require the licensee
to provide additional information concerning the licensee's
proposed persons in control. The additional information
must be limited to the same types required of the licensee, or
[Title 19 RCW—page 261]
19.230.170
Title 19 RCW: Business Regulations—Miscellaneous
persons in control of the licensee, as part of its original
license application.
(3) The director shall approve a request for change of
control under subsection (1) of this section if, after investigation, the director determines that the person, or group of persons, requesting approval meets the criteria for licensing set
forth in RCW 19.230.070 and 19.230.100 and that the public
interest will not be jeopardized by the change of control.
(4) Subsection (1) of this section does not apply to a public offering of securities.
(5) Before filing a request for approval to acquire control
of a licensee, or person in control of a licensee, a person may
request in writing a determination from the director as to
whether the person would be considered a person in control
of a licensee upon consummation of a proposed transaction.
If the director determines that the person would not be a person in control of a licensee, the director shall respond in writing to that effect and the proposed person and transaction is
not subject to the requirements of subsections (1) through (3)
of this section.
(6) The director may exempt by rule any person from the
requirements of subsection (1)(a) of this section, if it is in the
public interest to do so. [2003 c 287 § 18.]
comprehensively transmitted by the federal agency. [2003 c
287 § 20.]
19.230.190
19.230.190 Confidentiality. (1) Except as otherwise
provided in subsection (2) of this section, all information or
reports obtained by the director from an applicant, licensee,
or authorized delegate and all information contained in, or
related to, examination, investigation, operating, or condition
reports prepared by, on behalf of, or for the use of the director, or financial statements, balance sheets, or authorized delegate information, are confidential and are not subject to disclosure under chapter 42.17 RCW.
(2) The director may disclose information not otherwise
subject to disclosure under subsection (1) of this section to
representatives of state or federal agencies who agree in writing to maintain the confidentiality of the information; or if the
director finds that the release is reasonably necessary for the
protection of the public and in the interests of justice.
(3) This section does not prohibit the director from disclosing to the public a list of persons licensed under this
chapter or the aggregated financial data concerning those licensees. [2003 c 287 § 21.]
19.230.200
19.230.170
19.230.170 Records. (1) A licensee shall maintain the
following records for determining its compliance with this
chapter for at least five years:
(a) A general ledger posted at least monthly containing
all assets, liabilities, capital, income, and expense accounts;
(b) Bank statements and bank reconciliation records;
(c) A list of the last known names and addresses of all of
the licensee's authorized delegates;
(d) Copies of all currency transaction reports and suspicious activity reports filed in compliance with RCW
19.230.180; and
(e) Any other records required in rule by the director.
(2) The items specified in subsection (1) of this section
may be maintained in any form of record that is readily accessible to the director or the director's designee upon request.
(3) Records may be maintained outside this state if they
are made accessible to the director on seven business days'
notice that is sent in writing.
(4) All records maintained by the licensee are open to
inspection by the director or the director's designee. [2003 c
287 § 19.]
19.230.180
19.230.180 Money laundering reports. (1) Every licensee and its authorized delegates shall file with the director
or the director's designee all reports required by federal currency reporting, recordkeeping, and suspicious transaction
reporting requirements as set forth in 31 U.S.C. Sec. 5311, 31
C.F.R. Sec. 103 (2000), and other federal and state laws pertaining to money laundering. Every licensee and its authorized delegates shall maintain copies of these reports in its
records in compliance with RCW 19.230.170.
(2) The timely filing of a complete and accurate report
required under subsection (1) of this section with the appropriate federal agency is compliance with the requirements of
subsection (1) of this section, unless the director notifies the
licensee that reports of this type are not being regularly and
[Title 19 RCW—page 262]
19.230.200 Maintenance of permissible investments.
(1) A money transmitter licensee shall maintain at all times
permissible investments that have a market value computed
in accordance with generally accepted accounting principles
of not less than the aggregate amount of all outstanding
money transmission.
(2) The director, with respect to any money transmitter
licensee, may limit the extent to which a type of investment
within a class of permissible investments may be considered
a permissible investment, except for money, time deposits,
savings deposits, demand deposits, and certificates of deposit
issued by a federally insured financial institution. The director may prescribe in rule, or by order allow, other types of
investments that the director determines to have a safety substantially equivalent to other permissible investments. [2003
c 287 § 22.]
19.230.210
19.230.210 Types of permissible investments. (1)
Except to the extent otherwise limited by the director under
RCW 19.230.200, the following investments are permissible
for a money transmitter licensee under RCW 19.230.200:
(a) Cash, time deposits, savings deposits, demand deposits, a certificate of deposit, or senior debt obligation of an
insured depositary institution as defined in section 3 of the
federal Deposit Insurance Act (12 U.S.C. Sec. 1813) or as
defined under the federal Credit Union Act (12 U.S.C. Sec.
1781);
(b) Banker's acceptance or bill of exchange that is eligible for purchase upon endorsement by a member bank of the
federal reserve system and is eligible for purchase by a federal reserve bank;
(c) An investment bearing a rating of one of the three
highest grades as defined by a nationally recognized organization that rates securities;
(d) An investment security that is an obligation of the
United States or a department, agency, or instrumentality
thereof; an investment in an obligation that is guaranteed
(2004 Ed.)
Uniform Money Services Act
fully as to principal and interest by the United States; or an
investment in an obligation of a state or a governmental subdivision, agency, or instrumentality thereof;
(e) Receivables that are payable to a licensee from its
authorized delegates, in the ordinary course of business, pursuant to contracts which are not past due or doubtful of collection, if the aggregate amount of receivables under this subsection (1)(e) does not exceed twenty percent of the total permissible investments of a licensee and the licensee does not
hold, at one time, receivables under this subsection (1)(e) in
any one person aggregating more than ten percent of the licensee's total permissible investments; and
(f) A share or a certificate issued by an open-end management investment company that is registered with the
United States securities and exchange commission under the
Investment Companies Act of 1940 (15 U.S.C. Sec. 80(a)(1)
through (64), and whose portfolio is restricted by the management company's investment policy to investments specified in (a) through (d) of this subsection.
(2) The following investments are permissible under
RCW 19.230.200, but only to the extent specified as follows:
(a) An interest-bearing bill, note, bond, or debenture of a
person whose equity shares are traded on a national securities
exchange or on a national over-the-counter market, if the
aggregate of investments under this subsection (2)(a) does
not exceed twenty percent of the total permissible investments of a licensee and the licensee does not, at one time,
hold investments under this subsection (2)(a) in any one person aggregating more than ten percent of the licensee's total
permissible investments;
(b) A share of a person traded on a national securities
exchange or a national over-the-counter market or a share or
a certificate issued by an open-end management investment
company that is registered with the United States securities
and exchange commission under the Investment Companies
Act of 1940 (15 U.S.C. Sec. 80(a)(1) through (64), and whose
portfolio is restricted by the management company's investment policy to shares of a person traded on a national securities exchange or a national over-the-counter market, if the
aggregate of investments under this subsection (2)(b) does
not exceed twenty percent of the total permissible investments of a licensee and the licensee does not, at one time,
hold investments under this subsection (2)(b) in any one person aggregating more than ten percent of the licensee's total
permissible investments;
(c) A demand-borrowing agreement made to a corporation or a subsidiary of a corporation whose securities are
traded on a national securities exchange, if the aggregate of
the amount of principal and interest outstanding under
demand-borrowing agreements under this subsection (2)(c)
does not exceed twenty percent of the total permissible
investments of a licensee and the licensee does not, at one
time, hold principal and interest outstanding under demandborrowing agreements under this subsection (2)(c) with any
one person aggregating more than ten percent of the licensee's total permissible investments; and
(d) Any other investment the director designates, to the
extent specified in rule by the director.
(3) The aggregate of investments under subsection (2) of
this section may not exceed fifty percent of the total permissible investments of a licensee. [2003 c 287 § 23.]
(2004 Ed.)
19.230.230
19.230.220
19.230.220 Administrative proceedings. All administrative proceedings under this chapter must be conducted in
accordance with the administrative procedure act, chapter
34.05 RCW. Any licensee or authorized delegate subject to a
statement of charges and order of intent from the director
shall be provided with an opportunity for a hearing as provided for in the administrative procedure act. Unless the person subject to the order appears in person or is represented by
counsel at the hearing, the person has consented to issuance
of the order. If after a hearing, the director finds by a preponderance of the evidence that grounds for sanctions under this
chapter exist, then the director may impose any sanctions
authorized by this chapter in a final order. As provided for in
RCW 19.230.260, a temporary order to cease and desist is
effective upon service upon the licensee or authorized delegate, and remains effective pending a hearing to determine if
the order shall become permanent. [2003 c 287 § 24.]
19.230.230
19.230.230 License suspension, revocation—Receivership. (1) The director may issue an order to suspend,
revoke, or condition a license, place a licensee in receivership, revoke the designation of an authorized delegate, compel payment of restitution by a licensee to damaged parties,
require affirmative actions as are necessary by a licensee to
comply with this chapter or rules adopted under this chapter,
or remove from office or prohibit from participation in the
affairs of any authorized delegate or any licensee, or both,
any responsible individual, executive officer, person in control, or employee of the licensee, if:
(a) The licensee violates this chapter or a rule adopted or
an order issued under this chapter or is convicted of a violation of a state or federal money laundering or terrorism statute;
(b) The licensee does not cooperate with an examination,
investigation, or subpoena lawfully issued by the director or
the director's designee;
(c) The licensee engages in fraud, intentional misrepresentation, or gross negligence;
(d) An authorized delegate is convicted of a violation of
a state or federal money laundering statute, or violates this
chapter or a rule adopted or an order issued under this chapter
as a result of the licensee's willful misconduct or deliberate
avoidance of knowledge;
(e) The financial condition and responsibility, competence, experience, character, or general fitness of the licensee, authorized delegate, person in control of a licensee, or
responsible individual of the licensee or authorized delegate
indicates that it is not in the public interest to permit the person to provide money services;
(f) The licensee engages in an unsafe or unsound practice, or an unfair and deceptive act or practice;
(g) The licensee is insolvent, fails to maintain the
required net worth, suspends payment of its obligations, or
makes a general assignment for the benefit of its creditors;
(h) The licensee does not remove an authorized delegate
after the director issues and serves upon the licensee a final
order including a finding that the authorized delegate has violated this chapter; or
(i) The licensee, its responsible individual, or any of its
executive officers or other persons in control of the licensee
are listed or become listed on the specially designated nation[Title 19 RCW—page 263]
19.230.240
Title 19 RCW: Business Regulations—Miscellaneous
als and blocked persons list prepared by the United States
department of the treasury as a potential threat to commit terrorist acts or to finance terrorist acts.
(2) In determining whether a licensee or other person
subject to this chapter is engaging in an unsafe or unsound
practice, the director may consider the size and condition of
the licensee's money transmission services, the magnitude of
the loss or potential loss to consumers or others, the gravity of
the violation of this chapter, any action against the licensee
by another state or the federal government, and the previous
conduct of the person involved.
(3) The director shall immediately suspend any certification of licensure issued under this chapter if the holder of the
certificate has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order. If the person
has continued to meet all other requirements for certification
during the suspension, reissuance of the certificate of licensure shall be automatic upon the director's receipt of a release
issued by the department of social and health services stating
that the person is in compliance with the order. [2003 c 287
§ 25.]
19.230.240 Suspension and revocation of authorized
delegates. (1) The director may issue an order to suspend,
revoke, or condition the designation of an authorized delegate, impose civil penalties, require payment of restitution to
damaged parties, require affirmative actions as are necessary
to comply with this chapter or the rules adopted under this
chapter, or remove from office or prohibit from participation
in the affairs of the authorized delegate or licensee, or both,
any executive officer, person in control, or employee of the
authorized delegate if the director finds that:
(a) The authorized delegate violated this chapter or a rule
adopted or an order issued under this chapter;
(b) The authorized delegate does not cooperate with an
examination, investigation, or subpoena lawfully issued by
the director or the director's designee;
(c) The authorized delegate engaged in fraud, intentional
misrepresentation, or gross negligence;
(d) The authorized delegate is convicted of a violation of
a state or federal money laundering or terrorism statute;
(e) The competence, experience, character, or general
fitness of the authorized delegate or a person in control of the
authorized delegate indicates that it is not in the public interest to permit the authorized delegate to provide money services;
(f) The authorized delegate engaged in or is engaging in
an unsafe or unsound practice, or unfair and deceptive act or
practice; or
(g) The authorized delegate, or any of its executive officers or other persons in control of the authorized delegate, are
listed or become listed on the specially designated nationals
and blocked persons list prepared by the United States
department of the treasury as a potential threat to commit terrorist acts or to finance terrorist acts.
(2) In determining whether an authorized delegate is
engaging in an unsafe or unsound practice, the director may
consider the size and condition of the authorized delegate's
provision of money services, the magnitude of the loss or
potential loss to consumers or others, the gravity of the viola19.230.240
[Title 19 RCW—page 264]
tion of this chapter or a rule adopted or order issued under this
chapter, any action against the authorized delegate taken by
another state or the federal government, and the previous
conduct of the authorized delegate. [2003 c 287 § 26.]
19.230.250
19.230.250 Unlicensed persons. (1) If the director has
reason to believe that a person has violated or is violating
RCW 19.230.030 or 19.230.080, the director or the director's
designee may conduct an examination or investigation as
authorized under RCW 19.230.130.
(2) If as a result of such investigation or examination, the
director finds that a person has violated RCW 19.230.030 or
19.230.080, the director may issue a temporary cease and
desist order as authorized under RCW 19.230.260.
(3) If as a result of such an investigation or examination,
the director finds that a person has violated RCW 19.230.030
or 19.230.080, the director may issue an order to prohibit the
person from continuing to engage in providing money services, to compel the person to pay restitution to damaged parties, to impose civil money penalties on the person, and to
prohibit from participation in the affairs of any licensee or
authorized delegate, or both, any executive officer, person in
control, or employee of the person.
(4) The director may petition the superior court for the
issuance of a temporary restraining order under the rules of
civil procedure. [2003 c 287 § 27.]
19.230.260
19.230.260 Temporary orders to cease and desist. (1)
If the director determines that a violation of this chapter or of
a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or other person subject to this
chapter is likely to cause immediate and irreparable harm to
the licensee, its customers, or the public as a result of the violation, or cause insolvency or significant dissipation of the
assets of the licensee, the director may issue a temporary
order to cease and desist requiring the licensee, authorized
delegate, or other person subject to this chapter to cease and
desist from conducting business in this state or to cease and
desist from the violation or undertake affirmative actions as
are necessary to comply with this chapter, any rule adopted
under this chapter, or order issued by the director under this
chapter. The order is effective upon service upon the licensee, authorized delegate, or other person subject to this
chapter.
(2) A temporary order to cease and desist remains effective and enforceable pending the completion of an administrative proceeding under chapter 34.05 RCW. If, after a hearing, the director finds that by a preponderance of the evidence, all or any part of the order is supported by the facts,
the director may make the temporary order to cease and desist
permanent under chapter 34.05 RCW.
(3) A licensee, an authorized delegate, or other person
subject to this chapter that is served with a temporary order to
cease and desist may petition the superior court for a judicial
order setting aside, limiting, or suspending the enforcement,
operation, or effectiveness of the order pending the completion of an administrative proceeding under chapter 34.05
RCW. [2003 c 287 § 28.]
(2004 Ed.)
Uniform Money Services Act
19.230.270
19.230.270 Consent orders. The director may enter
into a consent order at any time with a person to resolve a
matter arising under this chapter or a rule adopted or order
issued under this chapter. A consent order must be signed by
the person to whom it is issued or by the person's authorized
representative, and must indicate agreement with the terms
contained in the order. [2003 c 287 § 29.]
19.230.280
19.230.280 Violations—Liability. (1) A licensee is liable for any conduct violating this chapter or rules adopted
under this chapter committed by employees of the licensee.
(2) A licensee that commits willful misconduct in its
supervision of its authorized delegate or willfully avoids
knowledge of its authorized delegate's business activities
may be subjected to administrative sanctions for any violations of this chapter or rules adopted under this chapter by the
licensee's authorized delegates.
(3) The responsible individual is responsible under the
license and may be subjected to administrative sanctions for
any violations of this chapter or rules adopted under this
chapter committed by the licensee or, if the responsible individual commits willful misconduct in supervising an authorized delegate or willfully avoids knowledge of an authorized
delegate's business activities, violations committed by the licensee's authorized delegates. [2003 c 287 § 30.]
19.230.290
19.230.290 Civil penalties. The director may assess a
civil penalty against a licensee, responsible individual, authorized delegate, or other person that violates this chapter or a
rule adopted or an order issued under this chapter in an
amount not to exceed one hundred dollars per day for each
day the violation is outstanding, plus this state's costs and
expenses for the investigation and prosecution of the matter,
including reasonable attorneys' fees. [2003 c 287 § 31.]
19.230.330
19.230.320
19.230.320 Fees. (1) The director shall establish fees by
rule sufficient to cover the costs of administering this chapter.
The director may establish different fees for each type of
license authorized under this chapter. These fees may
include:
(a) An annual license assessment specified in rule by the
director paid by each licensee on or before the annual license
assessment due date;
(b) A late fee for late payment of the annual license
assessment as specified in rule by the director;
(c) An hourly examination or investigation fee to cover
the costs of any examination or investigation of the books and
records of a licensee or other person subject to this chapter;
(d) A nonrefundable application fee to cover the costs of
processing license applications made to the director under
this chapter;
(e) An initial license fee to cover the period from the date
of licensure to the end of the calendar year in which the
license is initially granted; and
(f) A transaction fee or set of transaction fees to cover the
administrative costs associated with processing changes in
control, changes of address, and other administrative changes
as specified in rule by the director.
(2) The director shall ensure that when an examination or
investigation, or any part of the examination or investigation,
of any licensee applicant or person subject to licensing under
this chapter, requires travel and services outside this state by
the director or designee, the licensee applicant or person subject to licensing under this chapter that is the subject of the
examination or investigation shall pay the actual travel
expenses incurred by the director or designee conducting the
examination or investigation.
(3) All moneys, fees, and penalties collected under this
chapter shall be deposited into the financial services regulation account. [2003 c 287 § 34.]
19.230.300
19.230.300 Criminal penalties. (1) A person that
intentionally makes a false statement, misrepresentation, or
false certification in a record filed or required to be maintained under this chapter or that intentionally makes a false
entry or omits a material entry in that record is guilty of a
class C felony under chapter 9A.20 RCW.
(2) A person that knowingly engages in an activity for
which a license is required under this chapter without being
licensed under this chapter and who receives more than five
hundred dollars in compensation within a thirty-day period
from this activity is guilty of a gross misdemeanor under
chapter 9A.20 RCW.
(3) A person that knowingly engages in an activity for
which a license is required under this chapter without being
licensed under this chapter and who receives no more than
five hundred dollars in compensation within a thirty-day
period from this activity is guilty of a misdemeanor under
chapter 9A.20 RCW. [2003 c 287 § 32.]
19.230.310
19.230.310 Administration and rule-making powers.
In accordance with chapter 34.05 RCW, the director may
issue rules under this chapter that are clearly required to govern the activities of licensees and other persons subject to this
chapter. [2003 c 287 § 33.]
(2004 Ed.)
19.230.330
19.230.330 Money transmitter delivery, receipts, and
refunds. (1) Every money transmitter licensee and its authorized delegates shall transmit the monetary equivalent of all
money or equivalent value received from a customer for
transmission, net of any fees, or issue instructions committing the money or its monetary equivalent, to the person designated by the customer within ten business days after receiving the money or equivalent value, unless otherwise ordered
by the customer or unless the licensee or its authorized delegate has reason to believe that a crime has occurred, is occurring, or may occur as a result of transmitting the money. For
purposes of this subsection, money is considered to have
been transmitted when it is available to the person designated
by the customer and a reasonable effort has been made to
inform this designated person that the money is available,
whether or not the designated person has taken possession of
the money. As used in this subsection, "monetary equivalent," when used in connection with a money transmission in
which the customer provides the licensee or its authorized
delegate with the money of one government, and the designated recipient is to receive the money of another government, means the amount of money, in the currency of the
government that the designated recipient is to receive, as converted at the retail exchange rate offered by the licensee or its
[Title 19 RCW—page 265]
19.230.340
Title 19 RCW: Business Regulations—Miscellaneous
authorized delegate to the customer in connection with the
transaction.
(2) Every money transmitter licensee and its authorized
delegates shall provide a receipt to the customer that clearly
states the amount of money presented for transmission and
the total of any fees charged by the licensee. If the rate of
exchange for a money transmission to be paid in the currency
of another country is fixed by the licensee for that transaction
at the time the money transmission is initiated, then the
receipt provided to the customer shall disclose the rate of
exchange for that transaction, and the duration, if any, for the
payment to be made at the fixed rate of exchange so specified. If the rate of exchange for a money transmission to be
paid in the currency of another country is not fixed at the time
the money transmission is sent, the receipt provided to the
customer shall disclose that the rate of exchange for that
transaction will be set at the time the recipient of the money
transmission picks up the funds in the foreign country. As
used in this section, "fees" does not include revenue that a licensee or its authorized delegate generates, in connection with
a money transmission, in the conversion of the money of one
government into the money of another government.
(3) Every money transmitter licensee and its authorized
delegates shall refund to the customer all moneys received
for transmittal within ten days of receipt of a written request
for a refund unless any of the following occurs:
(a) The moneys have been transmitted and delivered to
the person designated by the customer prior to receipt of the
written request for a refund;
(b) Instructions have been given committing an equivalent amount of money to the person designated by the customer prior to receipt of a written request for a refund;
(c) The licensee or its authorized delegate has reason to
believe that a crime has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested
by the customer or refunding the money as requested by the
customer; or
(d) The licensee is otherwise barred by law from making
a refund. [2003 c 287 § 35.]
full and true entry thereof in the books and accounts of the
business;
(6) Make or concur in making any false entry, or omit or
concur in omitting any material entry, in the books or
accounts of the business;
(7) Knowingly make or publish to the director or director's designee, or concur in making or publishing to the director or director's designee any written report, exhibit, or statement of its affairs or pecuniary condition containing any
material statement which is false, or omit or concur in omitting any statement required by law to be contained therein; or
(8) Fail to make any report or statement lawfully
required by the director or other public official. [2003 c 287
§ 36.]
19.230.900
19.230.900 Short title. This chapter may be known and
cited as the uniform money services act. [2003 c 287 § 1.]
19.230.901
19.230.901 Effective date—2003 c 287. This act takes
effect October 1, 2003. [2003 c 287 § 37.]
19.230.902
19.230.902 Implementation. The director or the director's designee may take such steps as are necessary to ensure
that chapter 287, Laws of 2003 is implemented on October 1,
2003. In particular, the director or the director's designee
shall conduct outreach to small businesses and immigrant
communities to enhance awareness of and compliance with
state and federal laws governing money transmission and
currency exchange, and to provide technical assistance in
applying for a license under this chapter and understanding
the requirements of this chapter. [2003 c 287 § 38.]
19.230.903
19.230.903 Uniformity of application and construction. In applying and construing this chapter, consideration
must be given to the need to promote uniformity of the law
with respect to its subject matter among states that enact it.
[2003 c 287 § 39.]
19.230.904
19.230.340 Prohibited practices. It is a violation of
this chapter for any licensee, executive officer, responsible
individual, or other person subject to this chapter in connection with the provision of money services to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead any person, including but not
limited to engaging in bait and switch advertising or sales
practices;
(2) Directly or indirectly engage in any unfair or deceptive act or practice toward any person, including but not limited to any false or deceptive statement about fees or other
terms of a money transmission or currency exchange;
(3) Directly or indirectly obtain property by fraud or misrepresentation;
(4) Knowingly make, publish, or disseminate any false,
deceptive, or misleading information in the provision of
money services;
(5) Knowingly receive or take possession for personal
use of any property of any money services business, other
than in payment for services rendered, and with intent to
defraud, omit to make, or cause or direct to omit to make, a
19.230.340
[Title 19 RCW—page 266]
19.230.904 Severability—2003 c 287. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2003 c 287 § 40.]
19.230.905
19.230.905 Captions not law. Captions used in this
chapter are not any part of the law. [2003 c 287 § 41.]
Chapter 19.235
Chapter 19.235 RCW
MOVIE THEATERS—
UNAUTHORIZED RECORDING
Sections
19.235.010
Motion picture—Unauthorized recording—Penalty.
19.235.010
19.235.010 Motion picture—Unauthorized recording—Penalty. (1) Whoever, without the consent of the
owner or lessee of the motion picture exhibition facility and
the licensor of the motion picture being exhibited, knowingly
operates an audiovisual recording function of a device in a
(2004 Ed.)
Gift Certificates
motion picture exhibition facility is guilty of a gross misdemeanor.
(2) The owner or lessee of a motion picture exhibition
facility where a motion picture is being exhibited, or the
authorized agent or employee of such owner or lessee, or the
licensor of the motion picture being exhibited or his or her
agent or employee, who alerts law enforcement authorities of
an alleged violation of this section shall not be liable in any
civil action arising out of measures taken by such owner, lessee, licensor, agent, or employee in the course of subsequently detaining a person that the owner, lessee, licensor,
agent, or employee in good faith believed to have violated
this section while awaiting the arrival of law enforcement
authorities, unless the plaintiff can show by clear and convincing evidence that such measures were manifestly unreasonable or the period of detention was unreasonably long.
(3) This section does not prevent any lawfully authorized
investigative, law enforcement protective, or intelligence
gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any
motion picture exhibition facility where a motion picture is
being exhibited, as part of lawfully authorized investigative,
protective, law enforcement, or intelligence gathering activities.
(4) For the purposes of this section:
(a) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any
part thereof by means of any technology now known or later
developed.
(b) "Motion picture exhibition facility" means any theater, screening room, indoor or outdoor screening venue,
auditorium, ballroom, or other premises where motion pictures are publicly exhibited, regardless of whether an admission fee is charged, but does not include a personal residence
or retail establishment. [2004 c 119 § 1.]
Chapter 19.240
Chapter 19.240 RCW
GIFT CERTIFICATES
Sections
19.240.005
19.240.010
19.240.020
19.240.030
19.240.040
19.240.050
19.240.060
19.240.070
19.240.080
19.240.090
19.240.100
19.240.110
19.240.900
19.240.005
Intent.
Definitions.
Unlawful actions—Remaining value—Lost/stolen gift certificates.
Expiration date allowed, when.
Dormancy or inactivity charge allowed, when.
Expiration date allowed—Donation to charitable organization.
Expiration date—Artistic and cultural organizations.
Format of statement or expiration date.
Abandoned gift certificates.
Value of gift certificate held in trust by issuer—Bankruptcy.
Gift certificates issued by financial institutions—Application
of chapter.
Agreement in violation of chapter.
Application—2004 c 168 §§ 1-12.
19.240.005 Intent. It is the intent of the legislature to
relieve businesses from the obligation of reporting gift certificates as unclaimed property. In order to protect consumers,
the legislature intends to prohibit acts and practices of retailers that deprive consumers of the full value of gift certificates, such as expiration dates, service fees, and dormancy
and inactivity charges, on gift certificates. The legislature
does not intend that chapter 168, Laws of 2004 be construed
(2004 Ed.)
19.240.020
to apply to cards or other payment instruments issued for payment of wages or other intangible property. To that end, the
legislature intends that chapter 168, Laws of 2004 should be
liberally construed to benefit consumers and that any ambiguities should be resolved by applying the uniform
unclaimed property act to the intangible property in question.
[2004 c 168 § 1.]
19.240.010
19.240.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Artistic and cultural organization" has the same
meaning as in RCW 82.04.4328.
(2) "Charitable organization" means an organization
exempt from tax under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)).
(3) "Fund-raising activity" has the same meaning as in
RCW 82.04.3651.
(4) "Gift card" means a record as described in subsection
(5) of this section in the form of a card, or a stored value card
or other physical medium, containing stored value primarily
intended to be exchanged for consumer goods and services.
(5) "Gift certificate" means an instrument evidencing a
promise by the seller or issuer of the record that consumer
goods or services will be provided to the bearer of the record
to the value or credit shown in the record and includes gift
cards.
(6) "Bearer" means a person with a right to receive consumer goods and services under the terms of a gift certificate,
without regard to any fee, expiration date, or dormancy or
inactivity charge.
(7) "Issue" means to sell or otherwise provide a gift certificate to any person, and includes reloading or adding value
to an existing gift certificate.
(8) "Stored value" has the same meaning as in RCW
19.230.010. [2004 c 168 § 2.]
19.240.020
19.240.020 Unlawful actions—Remaining value—
Lost/stolen gift certificates. (1) Except as provided in RCW
19.240.030 through 19.240.070, it is unlawful for any person
or entity to issue, or to enforce against a bearer, a gift certificate that contains:
(a) An expiration date;
(b) Any fee, including a service fee; or
(c) A dormancy or inactivity charge.
(2) If a gift certificate is issued with the sale of tangible
personal property or services, the gift certificate is subject to
subsection (1) of this section.
(3) If a purchase is made with a gift certificate for an
amount that is less than the value of the gift certificate, the
issuer must make the remaining value available to the bearer
in cash or as a gift certificate at the option of the issuer. If
after the purchase the remaining value of the gift certificate is
less than five dollars, the gift certificate must be redeemable
in cash for its remaining value on demand of the bearer. A
gift certificate is valid until redeemed or replaced.
(4) This section does not require, unless otherwise
required by law, the issuer of a gift certificate to replace a lost
or stolen gift certificate. [2004 c 168 § 3.]
[Title 19 RCW—page 267]
19.240.030
Title 19 RCW: Business Regulations—Miscellaneous
19.240.030
19.240.030 Expiration date allowed, when. (1) It is
lawful to issue, and to enforce against the bearer, a gift certificate containing an expiration date if:
(a) The gift certificate is issued pursuant to an awards or
loyalty program or in other instances where no money or
other thing of value is given in exchange for the gift certificate.
(b) The gift certificate is donated to a charitable organization without any money or other thing of value being given
in exchange for the gift certificate if the gift certificate is used
by a charitable organization solely to provide charitable services.
(2) The expiration date must be disclosed clearly and
legibly on any gift certificate described in subsection (1) of
this section. [2004 c 168 § 4.]
19.240.040
19.240.040 Dormancy or inactivity charge allowed,
when. It is lawful to issue, and to enforce against the bearer,
a gift card containing a dormancy or inactivity charge if:
(1) A statement is printed on the gift card in at least sixpoint font stating the amount of the charge, how often the
charge will occur, and that the charge is triggered by inactivity of the gift card. The statement may appear on the front or
back of the gift card, but shall appear in a location where it is
visible to any purchaser before the purchase of the gift card;
(2) The remaining value of the gift card is five dollars or
less each time the charge is assessed;
(3) The charge does not exceed one dollar per month;
(4) The charge can only be assessed when there has been
no activity on the gift card for twenty-four consecutive
months, including but not limited to, purchases, the adding of
value, or balance inquiries;
(5) The bearer may reload or add value to the gift card;
and
(6) After a dormancy or inactivity charge is assessed, the
remaining value of the gift certificate is redeemable in cash
on demand. [2004 c 168 § 5.]
19.240.050
19.240.050 Expiration date allowed—Donation to
charitable organization. It is lawful to issue, and to enforce
against the bearer, a gift certificate containing an expiration
date if:
(1) The gift certificate is donated to a charitable organization and is used for fund-raising activities of a charitable
organization, without any money or other thing of value
being given in exchange for the gift certificate by the charitable organization;
(2) The expiration date is clearly and legibly printed on
the front or face of the gift certificate, or printed on the back
of the certificate in at least ten-point font; and
(3) The expiration date is at least one year from the date
the gift certificate is issued by the charitable organization.
[2004 c 168 § 6.]
19.240.060
19.240.060 Expiration date—Artistic and cultural
organizations. It is lawful to issue, and to enforce against
the bearer, a gift certificate containing an expiration date if:
(1) The gift certificate is redeemable solely for goods or
services provided in the state of Washington by artistic and
cultural organizations;
[Title 19 RCW—page 268]
(2) The expiration date is clearly and legibly printed on
the front or face of the gift certificate, or printed on the back
of the certificate in at least ten-point font;
(3) The expiration date is at least three years from the
date the gift certificate is issued by the artistic and cultural
organizations; and
(4) The unused value of the gift certificate at the time of
expiration accrues solely to the benefit of artistic and cultural
organizations. [2004 c 168 § 7.]
19.240.070
19.240.070 Format of statement or expiration date.
A requirement under RCW 19.240.030 through 19.240.060
that a statement or expiration date be printed on a gift certificate is satisfied if the statement appears as otherwise required
on a sticker permanently affixed to the gift certificate. [2004
c 168 § 8.]
19.240.080
19.240.080 Abandoned gift certificates. An issuer is
not required to honor a gift certificate presumed abandoned
under RCW 63.29.110, reported, and delivered to the department of revenue in the dissolution of a business association.
[2004 c 168 § 9.]
19.240.090
19.240.090 Value of gift certificate held in trust by
issuer—Bankruptcy. (1) A gift certificate constitutes value
held in trust by the issuer of the gift certificate on behalf of
the beneficiary of the gift certificate. The value represented
by the gift certificate belongs to the beneficiary, or to the
legal representative of the beneficiary to the extent provided
by law, and not to the issuer.
(2) An issuer of a gift certificate who is in bankruptcy
shall continue to honor a gift certificate issued before the date
of the bankruptcy filing on the grounds that the value of the
gift certificate constitutes trust property of the beneficiary.
(3) The terms of a gift certificate may not make its
redemption or other use invalid in the event of a bankruptcy.
(4) This section does not require, unless otherwise
required by law, the issuer of a gift certificate to:
(a) Redeem a gift certificate for cash;
(b) Replace a lost or stolen gift certificate; or
(c) Maintain a separate account for the funds used to purchase the gift certificate.
(5) This section does not create an interest in favor of the
beneficiary of the gift certificate in any specific property of
the issuer.
(6) This section does not create a fiduciary or quasi-fiduciary relationship between the beneficiary of the gift certificates and the issuer unless otherwise provided by law.
(7) The issuer of a gift certificate has no obligation to pay
interest on the value of a gift certificate held in trust under
this section, unless otherwise provided by law. [2004 c 168 §
10.]
19.240.100
19.240.100 Gift certificates issued by financial institutions—Application of chapter. This chapter does not
apply to gift certificates issued by financial institutions as
defined in RCW 30.22.041 or their operating subsidiaries that
are usable with multiple unaffiliated sellers of goods or services. [2004 c 168 § 11.]
(2004 Ed.)
Gift Certificates
19.240.900
19.240.110 Agreement in violation of chapter. An
agreement made in violation of the provisions of this chapter
is contrary to public policy and is void and unenforceable
against the bearer. [2004 c 168 § 12.]
19.240.110
19.240.900 Application—2004 c 168 §§ 1-12. Sections
1 through 12 of this act apply to:
(1) Gift certificates issued on or after July 1, 2004; and
(2) Those gift certificates presumed abandoned on or
after July 1, 2004, and not reported as provided in RCW
63.29.170(4). [2004 c 168 § 18.]
19.240.900
(2004 Ed.)
[Title 19 RCW—page 269]
Title 20
Title 20
COMMISSION MERCHANTS—
AGRICULTURAL PRODUCTS
Chapters
20.01 Agricultural products—Commission merchants,
dealers, brokers, buyers, agents.
20.01.320
Sales of personal property: Title 62A RCW.
Washington wholesome eggs and egg products act: Chapter 69.25 RCW.
20.01.340
Chapter 20.01 RCW
AGRICULTURAL PRODUCTS—COMMISSION
MERCHANTS, DEALERS, BROKERS,
BUYERS, AGENTS
Chapter 20.01
Sections
20.01.010
20.01.020
20.01.030
20.01.038
20.01.040
20.01.050
20.01.060
20.01.070
20.01.080
20.01.086
20.01.090
20.01.100
20.01.110
20.01.120
20.01.125
20.01.130
20.01.140
20.01.150
20.01.160
20.01.170
20.01.180
20.01.190
20.01.200
20.01.205
20.01.210
20.01.211
20.01.212
20.01.214
20.01.220
20.01.230
20.01.240
20.01.250
20.01.260
20.01.270
20.01.280
20.01.300
20.01.310
(2004 Ed.)
Definitions.
Rules and regulations—Enforcement of chapter—Interference
prohibited.
Exemptions.
License required of persons dealing in livestock, hay, grain, or
straw.
License—Generally.
License renewals.
Licensee in one class may obtain license in another—Additional fee.
Application for license—Contents.
Commission merchant's schedule of commissions and
charges—Changes, posting.
Waiver of reporting, accounting, and record-keeping requirements prohibited.
Agent to disclose principal licensee and his endorsement.
Issuance of license—Expiration date—Fraudulent application
grounds for refusal, revocation.
Publication of list of licensees and rules—Posting license.
Vehicle license plates.
Hay or straw—Certified vehicle tare and load weights—Violations.
Disposition of moneys.
Change in organization of firm to be reported.
Denial, suspension, revocation of licenses, probationary
orders—Authority.
Denial, suspension, revocation of licenses, probationary
orders—Procedure.
Denial, suspension, revocation of licenses, probationary
orders—Subpoenas, witnesses, testimony, fees.
Denial, suspension, revocation of licenses, probationary
orders—Findings and conclusions—Record.
Denial, suspension, revocation of licenses, probationary
orders—Final action in writing—Appeal to superior court.
Denial, suspension, revocation of licenses, probationary
orders—Appellate review.
License suspension—Noncompliance with support order—
Reissuance.
Commission merchants, dealers—Bonds.
Alternative bonding provision for certain dealers.
Livestock dealers bonded under federal law.
Appeal from rejected bond claim.
Action on bond for fraud.
Action on bond for failure to comply with chapter.
Claims against commission merchant, dealer.
Failure of consignor to file claim, time limitation.
Director not liable if circumstances prevent ascertainment of
creditors—Demand on bond.
Demand on bond after claims ascertained—Power of director
to settle, compromise.
Action on bond after refusal to pay—New bond, failure to file.
Verified complaints of consignor—Investigations.
Oaths, testimony, witnesses, subpoenas—Contempt proceedings—Records as evidence.
20.01.330
20.01.350
20.01.360
20.01.370
20.01.380
20.01.385
20.01.390
20.01.400
20.01.410
20.01.420
20.01.430
20.01.440
20.01.450
20.01.460
20.01.465
20.01.470
20.01.475
20.01.480
20.01.482
20.01.484
20.01.486
20.01.488
20.01.490
20.01.500
20.01.510
20.01.520
20.01.530
20.01.540
20.01.550
20.01.560
20.01.570
20.01.610
20.01.900
20.01.910
20.01.911
20.01.912
20.01.913
20.01.920
20.01.930
20.01.940
Investigations, examinations, inspections—Search warrants—
Subpoenas.
Denial, revocation, suspension, or condition of licenses, probationary orders—Grounds.
Denial, revocation, suspension of licenses, probationary
orders—Previous violations as grounds.
Denial, revocation, suspension of licenses, probationary
orders—Hearing, investigation—Findings required—
Notices.
Order of revocation, suspension.
Commission merchants—Recordkeeping.
Dealers, cash buyers, livestock dealers—Recordkeeping.
Failure to comply—Construction of transaction.
When dealer must pay for products delivered to him.
Broker's memorandum of sale.
Manifest of cargo—Bill of lading.
Commission merchant's report of sale to consignor.
Commission merchant's remittance to consignor.
Commission merchant's copy of records to be retained—
Inspection—Department's certificate of condition, quality,
etc.
Claims against seller by dealer, cash buyer—Credit to dealer,
cash buyer against consignor—Certificate of proof.
Prohibited acts—Penalties.
Time of sale requirement—Unlawful practice.
Action to enjoin violation of chapter.
Licensee under chapter—Prima facie evidence acting as licensee handling agricultural products.
Violations resulting in improper or nonpayment—Charges.
Civil infractions—Notice—Promise to appear or respond—
Misdemeanors.
Civil infractions—Response to notice.
Civil infractions—Hearing to contest charge—Order—
Appeal.
Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal.
Civil infractions—Monetary penalty—Failure to pay, misdemeanor.
"Grower," "processor" defined—Application of exemption
contained in RCW 20.01.030(1).
Processor's form showing maximum processing capacity.
Processor to have grower contracts and commitments on file.
Grower may file form showing crops processor is committed
to purchase.
Committing to purchase more crops than plants can process—
Violation.
Discrimination by processor.
Effective date of RCW 20.01.500 through 20.01.550.
Cash or other security in lieu of surety bond.
Authority to stop vehicle violating chapter—Failure to stop,
civil infraction.
Chapter cumulative and nonexclusive.
Severability—1959 c 139.
Severability—1963 c 232.
Severability—1967 c 240.
Severability—1979 ex.s. c 115.
Effective date—1959 c 139.
Repealer.
Repealer—Savings—1979 ex.s. c 115.
Administrative Procedure Act: Chapter 34.05 RCW.
Lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW.
20.01.010
20.01.010 Definitions. As used in this title the terms
defined in this section have the meanings indicated unless the
context clearly requires otherwise.
(1) "Director" means the director of agriculture or a duly
authorized representative.
[Title 20 RCW—page 1]
20.01.010
Title 20 RCW: Commission Merchants—Agricultural Products
(2) "Person" means any natural person, firm, partnership,
exchange, association, trustee, receiver, corporation, and any
member, officer, or employee thereof or assignee for the benefit of creditors.
(3) "Agricultural product" means any unprocessed horticultural, vermicultural and its byproducts, viticultural, berry,
poultry, poultry product, grain, bee, or other agricultural
products. "Agricultural product" also includes (a) mint or
mint oil processed by or for the producer thereof, hay and
straw baled or prepared for market in any manner or form and
livestock; and (b) agricultural seed, flower seed, vegetable
seed, other crop seed, and seeds, as defined in chapter 15.49
RCW, however, any disputes regarding responsibilities for
seed clean out are governed exclusively by contracts between
the producers of the seed and conditioners or processors of
the seed.
(4) "Producer" means any person engaged in the business of growing or producing any agricultural product,
whether as the owner of the products, or producing the products for others holding the title thereof.
(5) "Consignor" means any producer, person, or his
agent who sells, ships, or delivers to any commission merchant, dealer, cash buyer, or agent, any agricultural product
for processing, handling, sale, or resale.
(6) "Commission merchant" means any person who
receives on consignment for sale or processing and sale from
the consignor thereof any agricultural product for sale on
commission on behalf of the consignor, or who accepts any
farm product in trust from the consignor thereof for the purpose of resale, or who sells or offers for sale on commission
any agricultural product, or who in any way handles for the
account of or as an agent of the consignor thereof, any agricultural product.
(7) "Dealer" means any person other than a cash buyer,
as defined in subsection (10) of this section, who solicits,
contracts for, or obtains from the consignor thereof for reselling or processing, title, possession, or control of any agricultural product, or who buys or agrees to buy any agricultural
product from the consignor thereof for sale or processing and
includes any person, other than one who acts solely as a producer, who retains title in an agricultural product and delivers
it to a producer for further production or increase. For the
purposes of this chapter, the term dealer includes any person
who purchases livestock on behalf of and for the account of
another, or who purchases cattle in another state or country
and imports these cattle into this state for resale.
(8) "Limited dealer" means any person who buys, agrees
to buy, or pays for the production or increase of any agricultural product by paying to the consignor at the time of obtaining possession or control of any agricultural product the full
agreed price of the agricultural product and who operates
under the alternative bonding provision in RCW 20.01.211.
(9) "Broker" means any person other than a commission
merchant, dealer, or cash buyer who negotiates the purchase
or sale of any agricultural product, but no broker may handle
the agricultural products involved or proceeds of the sale.
(10) "Cash buyer" means any person other than a commission merchant, dealer, or broker, who obtains from the
consignor thereof for the purpose of resale or processing,
title, possession, or control of any agricultural product or who
contracts for the title, possession, or control of any agricul[Title 20 RCW—page 2]
tural product, or who buys or agrees to buy for resale any
agricultural product by paying to the consignor at the time of
obtaining possession or control of any agricultural product
the full agreed price of the agricultural product, in coin or
currency, lawful money of the United States. However, a
cashier's check, certified check, credit card, or bankdraft may
be used for the payment. For the purposes of this subsection,
"agricultural product," does not include hay, grain, straw, or
livestock.
(11) "Agent" means any person who, on behalf of any
commission merchant, dealer, broker, or cash buyer, acts as
liaison between a consignor and a principal, or receives, contracts for, or solicits any agricultural product from the consignor thereof or who negotiates the consignment or purchase
of any agricultural product on behalf of any commission merchant, dealer, broker, or cash buyer and who transacts all or a
portion of that business at any location other than at the principal place of business of his employer. With the exception
of an agent for a commission merchant or dealer handling
horticultural products, an agent may operate only in the name
of one principal and only to the account of that principal.
(12) "Retail merchant" means any person operating from
a bona fide or established place of business selling agricultural products twelve months of each year.
(13) "Fixed or established place of business" for the purpose of this chapter means any permanent warehouse, building, or structure, at which necessary and appropriate equipment and fixtures are maintained for properly handling those
agricultural products generally dealt in, and at which supplies
of the agricultural products being usually transported are
stored, offered for sale, sold, delivered, and generally dealt
with in quantities reasonably adequate for and usually carried
for the requirements of such a business, and that is recognized as a permanent business at such place, and carried on as
such in good faith and not for the purpose of evading this
chapter, and where specifically designated personnel are
available to handle transactions concerning those agricultural
products generally dealt in, which personnel are available
during designated and appropriate hours to that business, and
shall not mean a residence, barn, garage, tent, temporary
stand or other temporary quarters, any railway car, or permanent quarters occupied pursuant to any temporary arrangement.
(14) "Processor" means any person, firm, company, or
other organization that purchases agricultural crops from a
consignor and that cans, freezes, dries, dehydrates, cooks,
presses, powders, or otherwise processes those crops in any
manner whatsoever for eventual resale.
(15) "Pooling contract" means any written agreement
whereby a consignor delivers a horticultural product to a
commission merchant under terms whereby the commission
merchant may commingle the consignor's horticultural products for sale with others similarly agreeing, which must
include all of the following:
(a) A delivery receipt for the consignor that indicates the
variety of horticultural product delivered, the number of containers, or the weight and tare thereof;
(b) Horticultural products received for handling and sale
in the fresh market shall be accounted for to the consignor
with individual pack-out records that shall include variety,
grade, size, and date of delivery. Individual daily packing
(2004 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
summaries shall be available within forty-eight hours after
packing occurs. However, platform inspection shall be
acceptable by mutual contract agreement on small deliveries
to determine variety, grade, size, and date of delivery;
(c) Terms under which the commission merchant may
use his judgment in regard to the sale of the pooled horticultural product;
(d) The charges to be paid by the consignor as filed with
the state of Washington;
(e) A provision that the consignor shall be paid for his
pool contribution when the pool is in the process of being
marketed in direct proportion, not less than eighty percent of
his interest less expenses directly incurred, prior liens, and
other advances on the grower's crop unless otherwise mutually agreed upon between grower and commission merchant.
(16) "Date of sale" means the date agricultural products
are delivered to the person buying the products.
(17) "Conditioner" means any person, firm, company, or
other organization that receives seeds from a consignor for
drying or cleaning.
(18) "Seed bailment contract" means any contract meeting the requirements of chapter 15.48 RCW.
(19) "Proprietary seed" means any seed that is protected
under the Federal Plant Variety Protection Act.
(20) "Licensed public weighmaster" means any person,
licensed under the provisions of chapter 15.80 RCW, who
weighs, measures, or counts any commodity or thing and
issues therefor a signed certified statement, ticket, or memorandum of weight, measure, or count upon which the purchase or sale of any commodity or upon which the basic
charge of payment for services rendered is based.
(21) "Certified weight" means any signed certified statement or memorandum of weight, measure or count issued by
a licensed public weighmaster in accordance with the provisions of chapter 15.80 RCW.
(22) "Licensee" means any person or business licensed
under this chapter as a commission merchant, dealer, limited
dealer, broker, cash buyer, or agent.
(23) "Seed" means agricultural seed, flower seed, vegetable seed, other crop seed, and seeds, as defined in chapter
15.49 RCW.
(24) "Seed clean out" means the process of removing
impurities from raw seed product. [2004 c 212 § 1; 2003 c
395 § 1; 1991 c 174 § 1; 1989 c 354 § 37; 1986 c 178 § 6;
1985 c 412 § 8; 1983 c 305 § 1; 1982 c 194 § 1; 1981 c 296 §
30; 1979 ex.s. c 115 § 1; 1977 ex.s. c 304 § 1; 1974 ex.s. c
102 § 2; 1971 ex.s. c 182 § 1; 1967 c 240 § 40; 1963 c 232 §
1; 1959 c 139 § 1.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1983 c 305 § 78.]
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.020
20.01.020 Rules and regulations—Enforcement of
chapter—Interference prohibited. The director, but not his
duly authorized representative, may adopt such rules and regulations as are necessary to carry out the purpose of this chapter. It shall be the duty of the director to enforce and carry out
the provisions of this chapter, rules and regulations adopted
(2004 Ed.)
20.01.030
hereunder. No person shall interfere with the director when
he is performing or carrying out duties imposed on him by
this chapter, rules and regulations adopted hereunder. [1959
c 139 § 2.]
20.01.030 Exemptions. This chapter does not apply to:
(1) Any cooperative marketing associations or federations incorporated under, or whose articles of incorporation
and bylaws are equivalent to, the requirements of chapter
23.86 RCW, except as to that portion of the activities of the
association or federation that involve the handling or dealing
in the agricultural products of nonmembers of the organization: PROVIDED, That the associations or federations may
purchase up to fifteen percent of their gross from nonmembers for the purpose of filling orders: PROVIDED FURTHER, That if the cooperative or association acts as a processor as defined in RCW 20.01.500(2) and markets the processed agricultural crops on behalf of the grower or its own
behalf, the association or federation is subject to the provisions of RCW 20.01.500 through 20.01.560 and the license
provision of this chapter excluding bonding provisions:
PROVIDED FURTHER, That none of the foregoing exemptions in this subsection apply to any such cooperative or federation dealing in or handling grain in any manner, and not
licensed under the provisions of chapter 22.09 RCW;
(2) Any person who sells exclusively his or her own agricultural products as the producer thereof;
(3) Any public livestock market operating under a bond
required by law or a bond required by the United States to
secure the performance of the public livestock market's obligation. However, any such market operating as a livestock
dealer or order buyer, or both, is subject to all provisions of
this chapter except for the payment of the license fee required
in RCW 20.01.040;
(4) Any retail merchant having a bona fide fixed or permanent place of business in this state, but only for the retail
merchant's retail business conducted at such fixed or established place of business;
(5) Any person buying farm products for his or her own
use or consumption;
(6) Any warehouseman or grain dealer licensed under
the state grain warehouse act, chapter 22.09 RCW, with
respect to his or her handling of any agricultural product as
defined under that chapter;
(7) Any nurseryman who is required to be licensed under
the horticultural laws of the state with respect to his or her
operations as such licensee;
(8) Any person licensed under the now existing dairy
laws of the state with respect to his or her operations as such
licensee;
(9) Any producer who purchases less than fifteen percent
of his or her volume to complete orders;
(10) Any person, association, or corporation regulated
under chapter 67.16 RCW and the rules adopted thereunder
while performing acts regulated by that chapter and the rules
adopted thereunder;
(11) Any domestic winery, as defined in RCW
66.04.010, licensed under Title 66 RCW, with respect to its
transactions involving agricultural products used by the
domestic winery in making wine. [1993 c 104 § 1. Prior:
1989 c 354 § 38; 1989 c 307 § 37; 1988 c 254 § 10; 1983 c
20.01.030
[Title 20 RCW—page 3]
20.01.038
Title 20 RCW: Commission Merchants—Agricultural Products
305 § 2; 1982 c 194 § 2; 1981 c 296 § 31; 1979 ex.s. c 115 §
2; 1977 ex.s. c 304 § 2; 1975 1st ex.s. c 7 § 18; 1971 ex.s. c
182 § 2; 1969 ex.s. c 132 § 1; 1967 c 240 § 41; 1959 c 139 §
3.]
Severability—1989 c 354: See note following RCW 15.36.012.
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Severability—1983 c 305: See note following RCW 20.01.010.
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.038 License required of persons dealing in livestock, hay, grain, or straw. Any person who deals in livestock, hay, grain or straw, other than the producer or grower
thereof, shall license as a dealer or commission merchant and
shall be subject to all the provisions of this chapter regulating
such a licensee. [1963 c 232 § 9.]
20.01.038
20.01.040 License—Generally. No person may act as
a commission merchant, dealer, broker, cash buyer, or agent
without a license. Any person applying for such a license
shall file an application with the director prior to conducting
business pursuant to this chapter. No application shall be considered complete unless an effective bond or other acceptable
form of security is also filed with the director, as provided
under RCW 20.01.210, 20.01.211, or 20.01.212. Each license
issued under this chapter shall require renewal on or before
the renewal date prescribed by the director by rule. License
fees shall be prorated where necessary to accommodate staggered renewals of a license or licenses. The application shall
be accompanied by a license fee as prescribed by the director
by rule. [1991 c 109 § 16; 1989 c 354 § 39; 1987 c 393 § 13;
1983 c 305 § 3; 1979 ex.s. c 115 § 3; 1974 ex.s. c 102 § 3;
1971 ex.s. c 182 § 3; 1959 c 139 § 4.]
20.01.040
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
20.01.050 License renewals. If an application for
renewal of a commission merchant, dealer, broker or cash
buyer license is not filed prior to the prescribed renewal date
a penalty of twenty-five percent shall be assessed and added
to the original fee and shall be paid by the applicant before
the renewal license shall be issued. [1991 c 109 § 17; 1959 c
139 § 5.]
20.01.050
20.01.060
20.01.060 Licensee in one class may obtain license in
another—Additional fee. Any person licensed as a commission merchant, dealer, or broker, in the manner prescribed
in this chapter, may apply for and secure a license in any or
all of the remaining such classifications upon payment of an
additional fee of twenty-five dollars for each such additional
classification: PROVIDED, That the applicant's principal
license shall be in that classification requiring the greatest
license fee. Such applicant shall further comply with those
parts of this chapter regulating the licensing of the other particular classifications involved. [1979 ex.s. c 115 § 4; 1977
ex.s. c 304 § 3; 1974 ex.s. c 102 § 4; 1971 ex.s. c 182 § 4;
1959 c 139 § 6.]
20.01.070
20.01.070 Application for license—Contents. Application for a license shall be on a form prescribed by the direc[Title 20 RCW—page 4]
tor and shall state the full name of the person applying for
such license and if the applicant is an individual, receiver,
trustee, firm, exchange, partnership, association or corporation, the full name of each member of the firm or partnership,
or the names of the officers of the exchange, association or
corporation shall be given in the application. Such application shall further state the principal business address of the
applicant in the state and elsewhere and the name or names of
the person authorized to receive and accept service of summons and legal notices of all kinds for the applicant and any
other necessary information prescribed by the director. [1959
c 139 § 7.]
20.01.080
20.01.080 Commission merchant's schedule of commissions and charges—Changes, posting. Any person
applying for a commission merchant's license shall include in
his or her application a schedule of commissions, together
with an itemized list of all charges for services to be rendered
to a consignor and shall post a copy of such charges on his or
her premises in a conspicuous place where it is clearly visible
and available to consignors. In addition to the posting of the
itemized list of charges, such list shall be distributed to each
consignor along with each contract entered into between the
consignor and the commission merchant. Such commissions
and charges shall not be changed or varied for the license
period except by written contract between the consignor or
his or her agent and the licensee or thirty days after written
notice to the director, and proper posting of such changes, as
prescribed by the director, on the licensee's premises.
Charges for services rendered and not listed on the schedule
of commissions and charges filed with the director, or for
increases in charges listed and filed which are directly caused
by increases in labor rates or in cost of materials which occur
after the signing of the contract by the grower, shall be rendered only on an actual cost to the licensee basis. [1988 c 254
§ 16; 1977 ex.s. c 304 § 4; 1971 ex.s. c 182 § 5; 1959 c 139 §
8.]
20.01.086
20.01.086 Waiver of reporting, accounting, and
record-keeping requirements prohibited. Except where
specifically provided in this chapter, the reporting, accounting, and record-keeping requirements of this chapter, being
matters of public interest, may not be waived by contract
between the consignor and/or the commission merchant or
dealer. [1977 ex.s. c 304 § 5; 1974 ex.s. c 102 § 8.]
20.01.090
20.01.090 Agent to disclose principal licensee and his
endorsement. Any person applying for an agent's license
shall include the name and address of the principal licensee
represented or sought to be represented by such agent and the
written endorsement or nomination of such principal licensee. [1959 c 139 § 9.]
20.01.100
20.01.100 Issuance of license—Expiration date—
Fraudulent application grounds for refusal, revocation.
The director, upon his satisfaction that the applicant has met
the requirements of this chapter and rules and regulations
adopted hereunder, shall issue a license entitling the applicant
to carry on the business described on the application. Such
license shall expire on December 31st following the issuance
(2004 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
of the license, provided that it has not been revoked or suspended prior thereto, by the director, after due notice and
hearing. Fraud and misrepresentation in making an application for a license shall be cause for refusal to grant a license
or revocation of license granted pursuant to a fraudulent
application after due notice and hearing. [1959 c 139 § 10.]
20.01.110
20.01.110 Publication of list of licensees and rules—
Posting license. The director may publish a list, as often as
he deems necessary, of all persons licensed under this chapter
together with all the necessary rules and regulations concerning the enforcement of this chapter. Each person licensed
under [the] provisions of this chapter shall post his license or
a copy thereof in his place or places of business in plain view
of the public. [1959 c 139 § 11.]
20.01.190
20.01.140
20.01.140 Change in organization of firm to be
reported. Any change in the organization of any firm, association, exchange, corporation, or partnership licensed under
this chapter shall be reported to the director and the licensee's
surety or sureties within thirty days. [2003 c 395 § 3; 1959 c
139 § 14.]
20.01.150
20.01.150 Denial, suspension, revocation of licenses,
probationary orders—Authority. The director is authorized to deny, suspend, or revoke a license or issue conditional or probationary orders in the manner prescribed herein,
in any case in which he finds that there has been a failure
and/or refusal to comply with the requirements of this chapter, rules or regulations adopted hereunder. [1959 c 139 §
15.]
20.01.160
20.01.120
20.01.120 Vehicle license plates. The licensee shall
prominently display license plates issued by the director on
the front and back of any vehicle used by the licensee to
transport upon public highways unprocessed agricultural
products which he has not produced as a producer of such
agricultural products. If the licensee operates more than one
vehicle to transport unprocessed agricultural products on
public highways he shall apply to the director for license
plates for each such additional vehicle. Such additional
license plates shall be issued to the licensee at the actual cost
to the department for such license plates and necessary handling charges. Such license plates are not transferable to any
other person and may be used only on the licensee's vehicle
or vehicles. The display of such license plates on the vehicle
or vehicles of a person whose license has been revoked, or the
failure to surrender such license plates forthwith to the
department after such revocation, shall be deemed a violation
of this chapter. [1959 c 139 § 12.]
20.01.125
20.01.125 Hay or straw—Certified vehicle tare and
load weights—Violations. Every dealer and commission
merchant dealing in hay or straw shall obtain a certified vehicle tare weight and a certified vehicle gross weight for each
load hauled and shall furnish the consignor with a copy of
such certified weight ticket within seventy-two hours after
taking delivery. It shall be a violation of this chapter for any
licensee to transport hay or straw which has been purchased
by weight without having obtained a certified weight ticket
from the first licensed public weighmaster which would be
encountered on the ordinary route to the destination where
the hay or straw is to be unloaded. [1986 c 178 § 7; 1971
ex.s. c 182 § 6; 1963 c 232 § 8.]
20.01.130
20.01.130 Disposition of moneys. All fees and other
moneys received by the department under this chapter shall
be paid to the director and used solely for the purpose of carrying out this chapter and the rules adopted under this chapter. All civil fines received by the courts as the result of
notices of infractions issued by the director shall be paid to
the director, less any mandatory court costs and assessments.
[2003 c 395 § 2; 1993 sp.s. c 24 § 929; 1986 c 178 § 8; 1973
c 142 § 1; 1971 ex.s. c 182 § 7; 1959 c 139 § 13.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.310.020.
(2004 Ed.)
20.01.160 Denial, suspension, revocation of licenses,
probationary orders—Procedure. In all proceedings for
revocation, suspension, or denial of a license, or the issuance
of a conditional or probationary order, the licensee or applicant shall be given an opportunity to be heard and may be
represented by counsel. The director shall give the licensee or
applicant twenty days' notice in writing and such notice shall
specify the charges or reasons for the hearing for such revocation, suspension, denial or the issuance of a conditional or
probationary order. The notice shall also state the date, time
and place where such hearing is to be held. A copy of such
notice shall be mailed to the licensee's surety. Such hearings
shall be held in the city of Olympia, unless a different place is
fixed by the director. [1959 c 139 § 16.]
20.01.170
20.01.170 Denial, suspension, revocation of licenses,
probationary orders—Subpoenas, witnesses, testimony,
fees. The director may issue subpoenas to compel the attendance of witnesses, and/or the production of books or documents, anywhere in the state. The licensee or applicant shall
have opportunity to make his defense, and may have such
subpoenas issued as he desires. Subpoenas shall be served in
the same manner as in civil cases in the superior court. Witnesses shall testify under oath which may be administered by
the director. Testimony shall be recorded and may be taken
by deposition under such rules as the director may prescribe.
Witnesses, except complaining witnesses, shall be entitled to
fees for attendance and travel, as provided for in chapter 2.40
RCW, as enacted or hereafter amended. [1963 c 232 § 2;
1959 c 139 § 17.]
20.01.180
20.01.180 Denial, suspension, revocation of licenses,
probationary orders—Findings and conclusions—
Record. The director shall hear and determine the charges,
make findings and conclusions upon the evidence produced,
and file them in his office, together with a record of all of the
evidence, and serve upon the accused a copy of such findings
and conclusions. [1959 c 139 § 18.]
20.01.190
20.01.190 Denial, suspension, revocation of licenses,
probationary orders—Final action in writing—Appeal to
superior court. The revocation, suspension or denial of a
license, or the issuance of conditional or probationary orders,
shall be in writing signed by the director, stating the grounds
[Title 20 RCW—page 5]
20.01.200
Title 20 RCW: Commission Merchants—Agricultural Products
upon which such order is based and the aggrieved person
shall have the right to appeal from such order within fifteen
days after a copy thereof is served upon him, to the superior
court of Thurston county or the county in which the hearing
was held. A copy of such findings shall be mailed to the licensee's surety. In such appeal the entire record shall be certified by the director to the court, and the review on appeal
shall be confined to the evidence adduced at the hearing
before the director. [1959 c 139 § 19.]
20.01.200
20.01.200 Denial, suspension, revocation of licenses,
probationary orders—Appellate review. Appellate review
of the judgment of the superior court may be sought as provided in other civil cases. [1988 c 202 § 24; 1971 c 81 § 66;
1959 c 139 § 20.]
Severability—1988 c 202: See note following RCW 2.24.050.
20.01.205
20.01.205 License suspension—Noncompliance with
support order—Reissuance. The director shall immediately suspend the license or certificate of a person who has
been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in
compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [1997 c 58 § 855.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
20.01.210
20.01.210 Commission merchants, dealers—Bonds.
(1) Before the license is issued to any commission merchant
or dealer, or both, the applicant shall execute and deliver to
the director a surety bond executed by the applicant as principal and by a surety company qualified and authorized to do
business in this state as surety. The bond shall be to the state
for the benefit of qualified consignors of agricultural products in this state. All such sureties on a bond, as provided in
this section, shall be released and discharged from all liability
to the state accruing on such bond by giving notice to the
principal and the director by certified mail. Upon receipt of
such notice the director shall notify the surety and the principal of the effective date of termination which shall be thirty
days from the receipt of such notice by the director, but this
shall not relieve, release, or discharge the surety from any liability already accrued or which shall accrue before the expiration period provided for in this subsection.
(2) The bond for a commission merchant or dealer in
hay, straw, or seed shall be not less than fifteen thousand dollars. The actual amount of such bond shall be determined by
[Title 20 RCW—page 6]
dividing the annual dollar volume of the licensee's net proceeds or net payments due consignors by twelve and increasing that amount to the next multiple of five thousand dollars.
The bond for a new commission merchant or dealer in hay,
straw, or seed shall be subject to increase at any time during
the licensee's first year of operation based on the average of
business volume for any three months. Except as provided in
subsection (3) of this section, the bond shall be not less than
ten thousand dollars for any other dealer.
(3) The bond for a commission merchant or dealer in
livestock shall be not less than ten thousand dollars. The
actual amount of such bond shall be determined in accordance with the formula set forth in the packers and stockyard
act of 1921 (7 U.S.C. 181), except that a commission merchant or dealer in livestock shall increase the commission
merchant's or dealer's bond by five thousand dollars for each
agent the commission merchant or dealer has endorsed under
RCW 20.01.090. A dealer who also acts as an order buyer for
other persons who are also licensed and bonded under this
chapter or under the packers and stockyards act (7 U.S.C.
181) may subtract that amount of business from the annual
gross volume of purchases reported to the director in determining the amount of bond coverage that must be provided
and maintained for the purposes of this chapter.
(4) The bond for a commission merchant handling agricultural products other than livestock, hay, straw, or seed
shall not be less than ten thousand dollars. The bond for a
dealer handling agricultural products other than livestock,
hay, straw, or seed shall not be less than ten thousand dollars.
The actual amount of such bond shall be determined by dividing the annual dollar volume of the licensee's net proceeds or
net payments due consignors by fifty-two and increasing that
amount to the next multiple of two thousand dollars. However, bonds above twenty-six thousand dollars shall be
increased to the next multiple of five thousand dollars.
(5) When the annual dollar volume of any commission
merchant or dealer reaches two million six hundred thousand
dollars, the amount of the bond required above this level shall
be on a basis of ten percent of the amount arrived at by applying the appropriate formula. [2004 c 212 § 2; 1991 c 109 §
18; 1986 c 178 § 9; 1983 c 305 § 4; 1982 c 194 § 3; 1977 ex.s.
c 304 § 6; 1974 ex.s. c 102 § 5; 1971 ex.s. c 182 § 8; 1963 c
232 § 5. Prior: 1959 c 139 § 21.]
Severability—1983 c 305: See note following RCW 20.01.010.
Cash or other security in lieu of surety bond: RCW 20.01.570.
20.01.211
20.01.211 Alternative bonding provision for certain
dealers. (1) In lieu of the bonding provision required by
RCW 20.01.210, any dealer who buys, agrees to buy, or pays
for the production or increase of any agricultural product by
paying to the consignor at the time of obtaining possession or
control of any agricultural product the full agreed price of the
agricultural product may file a bond in an amount equal to the
dealer's maximum monthly purchases, divided by twelve, but
the minimum bond under this section shall be no less than ten
thousand dollars.
(2) Any dealer using the bonding provisions of this section shall file an affidavit with the director that sets forth the
dealer's maximum monthly purchases from or payments to
(2004 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
consignors. The affidavit shall be filed at the time of application and with each renewal.
(3) Any dealer bonded under this section who is found to
be in violation of this chapter shall be required to comply
with the bonding requirements of RCW 20.01.210 for a minimum of two years. [2003 c 395 § 4; 1983 c 305 § 5; 1977
ex.s. c 304 § 16.]
Severability—1983 c 305: See note following RCW 20.01.010.
20.01.212
20.01.212 Livestock dealers bonded under federal
law. If an applicant for a commission merchant's and/or
dealer's license is bonded as a livestock dealer or packer
under the provisions of the Packers and Stockyards Act of
1921 (7 U.S.C. 181), as amended, on June 13, 1963, and acts
as a commission merchant, packer, and/or a dealer only in
livestock as defined in said Packers and Stockyards Act of
1921 (7 U.S.C. 181), the director may accept such bond in
lieu of the bond required in RCW 20.01.210 as good and sufficient and issue the applicant a license limited solely to dealing in livestock. A dealer buying and selling livestock who
has furnished a bond as required by the packers and stockyards administration to cover acting as order buyer as well as
dealer may also act as an order buyer for others under the provisions of this chapter, and all persons who act as order buyers of livestock shall license under this chapter as a livestock
dealer: PROVIDED, That the applicant shall furnish the
director with a bond approved by the United States secretary
of agriculture. Such bond shall be in a minimum amount of
ten thousand dollars. It shall be a violation for the licensee to
act as a commission merchant and/or dealer in any other agricultural commodity without first having notified the director
and furnishing him with a bond as required under the provisions of RCW 20.01.210, and failure to furnish the director
with such bond shall be cause for the immediate suspension
of the licensee's license, and revocation subject to a hearing.
[1991 c 109 § 19; 1977 ex.s. c 304 § 7; 1971 ex.s. c 182 § 9;
1963 c 232 § 6.]
20.01.214
20.01.214 Appeal from rejected bond claim. Upon
any bond claim being denied by the director the claimant
must appeal such action to the superior court in the county
where this claimant resides in this state or Thurston county,
within sixty days after receipt of written notice of such rejection or such rejection shall become final and binding upon the
claimant. [1971 ex.s. c 182 § 10; 1963 c 232 § 7.]
20.01.260
provisions of this chapter or the rules adopted hereunder. Any
consignor undertaking such an action shall name the director
as a party. [1986 c 178 § 11; 1959 c 139 § 23.]
20.01.240
20.01.240 Claims against commission merchant,
dealer. (1) Any consignor who believes he or she has a valid
claim against the bond of a commission merchant or dealer
shall file a claim with the director.
(2) In the case of a claim against the bond of a commission merchant or dealer in hay or straw, default occurs when
the licensee fails to make payment within thirty days of the
date the licensee took possession of the hay or straw or at a
date agreed to by both the consignor and commission merchant or dealer in written contract. In the case of a claim
against a limited dealer in hay or straw, default occurs when
the licensee fails to make payment upon taking possession of
the hay or straw.
(3) Upon the filing of a claim under this subsection
against any commission merchant or dealer handling any
agricultural product, the director may, after investigation,
proceed to ascertain the names and addresses of all consignor
creditors of such commission merchant and dealer, together
with the amounts due and owing to them by such commission
merchant and dealer, and shall request all such consignor
creditors to file a verified statement of their respective claims
with the director. Such request shall be addressed to each
known consignor creditor at his last known address.
(4) For claims against a bond that have been filed by consignors prior to the sixty-day deadline established in RCW
20.01.250, the director shall investigate the claims and,
within thirty days of verifying the claims, demand payment
for the valid claims by the licensee's surety. The director
shall distribute the proceeds of the valid bond claims to the
claimants on a pro rata basis within the limits of the claims
and the availability of the bond proceeds. If a claim is filed
after the sixty-day deadline established in RCW 20.01.250,
the director may investigate the claim and may demand payment for a valid claim. The director shall distribute the proceeds of any such payment made by the surety to the claimant
on a first-to-file, first-to-be-paid basis within the limits of the
claim and the availability of any bond proceeds remaining
after the pro rata distribution. All distributions made by the
director under this subsection are subject to RCW 20.01.260.
[2003 c 395 § 5; 1986 c 178 § 12; 1959 c 139 § 24.]
20.01.250
20.01.220
20.01.220 Action on bond for fraud. Any consignor of
an agricultural product claiming to be injured by the fraud of
any commission merchant and/or dealer or their agents may
bring action upon said bond against principal, surety, and
agent in any court of competent jurisdiction to recover the
damages caused by such fraud. Any consignor undertaking
such an action shall name the director as a party. [1986 c 178
§ 10; 1982 c 194 § 4; 1959 c 139 § 22.]
20.01.230
20.01.230 Action on bond for failure to comply with
chapter. The director or any consignor of an agricultural
product may also bring action upon said bond against both
principal and surety in any court of competent jurisdiction to
recover the damages caused by any failure to comply with the
(2004 Ed.)
20.01.250 Failure of consignor to file claim, time limitation. If a consignor creditor so addressed fails, refuses or
neglects to file in the office of the director his verified claim
as requested by the director within sixty days from the date of
such request, the director shall thereupon be relieved of further duty or action hereunder on behalf of said consignor
creditor. [1959 c 139 § 25.]
20.01.260
20.01.260 Director not liable if circumstances prevent ascertainment of creditors—Demand on bond.
Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the director
to ascertain the names and addresses of all said consignor
creditors, the director after exerting due diligence and making
reasonable inquiry to secure said information from all reason[Title 20 RCW—page 7]
20.01.270
Title 20 RCW: Commission Merchants—Agricultural Products
able and available sources, may make demand on said bond
on the basis of information then in his possession, and thereafter shall not be liable or responsible for claims or the handling of claims which may subsequently appear or be discovered. [1959 c 139 § 26.]
20.01.270
20.01.270 Demand on bond after claims ascertained—Power of director to settle, compromise. Upon
ascertaining all claims and statements in the manner herein
set forth, the director may then make demand upon the bond
on behalf of those claimants whose statements have been
filed, and shall have the power to settle or compromise said
claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved. [1959 c 139 § 27.]
20.01.280
20.01.280 Action on bond after refusal to pay—New
bond, failure to file. Upon the refusal of the surety company
to pay the demand the director may thereupon bring an action
on the bond in behalf of said consignor creditors. Upon any
action being commenced on said bond the director may
require the filing of a new bond and immediately upon the
recovery in any action on such bond such commission merchant and/or dealer shall file a new bond and upon failure to
file the same within ten days in either case such failure shall
constitute grounds for the suspension or revocation of his
license. [1959 c 139 § 28.]
20.01.300
20.01.300 Verified complaints of consignor—Investigations. For the purpose of enforcing the provisions of this
chapter the director is authorized to receive verified complaints from any consignor against any commission merchant, dealer, broker, cash buyer, or agent or any person,
assuming or attempting to act as such, and upon receipt of
such verified complaint shall have full authority to make any
and all necessary investigations relative to the said complaint.
[1959 c 139 § 30.]
20.01.310
20.01.310 Oaths, testimony, witnesses, subpoenas—
Contempt proceedings—Records as evidence. The director or his authorized agents are empowered to administer
oaths of verification on said complaints. He shall have full
authority to administer oaths and take testimony thereunder,
to issue subpoenas in the manner prescribed in RCW
20.01.170 requiring attendance of witnesses before him,
together with all books, memoranda, papers, and other documents, articles or instruments; to compel the disclosure by
such witnesses of all facts known to them relative to the matters under investigation, and all parties disobeying the orders
or subpoenas of said director shall be guilty of contempt and
shall be certified to the superior court of the state for punishment for such contempt. Copies of records, audits and reports
of audits, inspection certificates, certified reports, findings
and all papers on file in the office of the director shall be
prima facie evidence of the matters therein contained, and
may be admitted into evidence in any hearing provided in this
chapter. [1959 c 139 § 31.]
20.01.320
20.01.320 Investigations, examinations, inspections—Search warrants—Subpoenas. The director on his
[Title 20 RCW—page 8]
or her own motion or upon the verified complaint of any
interested party may investigate, examine, or inspect (1) any
transaction involving solicitation, receipt, sale, or attempted
sale of agricultural products by any person or persons acting
or assuming to act as a commission merchant, dealer, broker,
cash buyer, or agent; (2) the failure to make proper and true
account of sales and settlement thereof as required under this
chapter or rules adopted under this chapter; (3) the intentional
making of false statements as to conditions and quantity of
any agricultural products received or in storage; (4) the intentional making of false statements as to market conditions; (5)
the failure to make payment for products within the time
required by this chapter; (6) any and all other injurious transactions. In furtherance of such an investigation, examination,
or inspection, the director or an authorized representative
may examine that portion of the ledgers, books, accounts,
memoranda and other documents, agricultural products,
scales, measures, and other articles and things used in connection with the business of the person relating to the transactions involved. For the purpose of the investigation the director shall at all times have free and unimpeded access to all
buildings, yards, warehouses, storage, and transportation
facilities or any other place where agricultural products are
kept, stored, handled, or transported. If the director is denied
access, the director may apply to any court of competent
jurisdiction for a search warrant authorizing access to the premises and records. The court may upon the application issue
the search warrant for the purposes requested. The director
may also, for the purpose of the investigation, issue subpoenas to compel the attendance of witnesses, as provided in
RCW 20.01.170, or the production of books or documents,
anywhere in the state. [2003 c 395 § 6; 1959 c 139 § 32.]
20.01.330 Denial, revocation, suspension, or condition of licenses, probationary orders—Grounds. The
director may refuse to grant a license or renew a license and
may revoke or suspend a license or issue a conditional or probationary order if he is satisfied after a hearing, as herein provided, of the existence of any of the following facts, which
are hereby declared to be a violation of this chapter:
(1) That fraudulent charges or returns have been made by
the applicant, or licensee, for the handling, sale or storage of,
or for rendering of any service in connection with the handling, sale or storage of any agricultural product.
(2) That the applicant, or licensee, has failed or refused
to render a true account of sales, or to make a settlement
thereon, or to pay for agricultural products received, within
the time and in the manner required by this chapter.
(3) That the applicant, or licensee, has made any false
statement as to the condition, quality or quantity of agricultural products received, handled, sold or stored by him.
(4) That the applicant, or licensee, directly or indirectly
has purchased for his own account agricultural products
received by him upon consignment without prior authority
from the consignor together with the price fixed by consignor
or without promptly notifying the consignor of such purchase. This shall not prevent any commission merchant from
taking to account of sales, in order to close the day's business,
miscellaneous lots or parcels of agricultural products remaining unsold, if such commission merchant shall forthwith
enter such transaction on his account of sales.
20.01.330
(2004 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
(5) That the applicant, or licensee, has intentionally
made any false or misleading statement as to the conditions
of the market for any agricultural products.
(6) That the applicant, or licensee, has made fictitious
sales or has been guilty of collusion to defraud the consignor.
(7) That a commission merchant to whom any consignment is made has reconsigned such consignment to another
commission merchant and has received, collected, or charged
by such means more than one commission for making the
sale thereof, for the consignor, unless by written consent of
such consignor.
(8) That the licensee was guilty of fraud or deception in
the procurement of such license.
(9) That the licensee or applicant has failed or refused to
file with the director a schedule of his charges for services in
connection with agricultural products handled on account of
or as an agent of another, or that the applicant, or licensee,
has indulged in any unfair practice.
(10) That the licensee has rejected, without reasonable
cause, or has failed or refused to accept, without reasonable
cause, any agricultural product bought or contracted to be
bought from a consignor by such licensee; or failed or
refused, without reasonable cause, to furnish or provide
boxes or other containers, or hauling, harvesting, or any other
service contracted to be done by licensee in connection with
the acceptance, harvesting, or other handling of said agricultural products bought or handled or contracted to be bought
or handled; or has used any other device to avoid acceptance
or unreasonably to defer acceptance of agricultural products
bought or handled or contracted to be bought or handled.
(11) That the licensee has otherwise violated any provision of this chapter and/or rules and regulations adopted hereunder.
(12) That the licensee has knowingly employed an agent,
as defined in this chapter, without causing said agent to comply with the licensing requirements of this chapter applicable
to agents.
(13) That the applicant or licensee has, in the handling of
any agricultural products, been guilty of fraud, deceit, or negligence.
(14) That the licensee has failed or refused, upon
demand, to permit the director or his agents to make the
investigations, examination or audits, as provided in this
chapter, or that the licensee has removed or sequestered any
books, records, or papers necessary to any such investigations, examination, or audits, or has otherwise obstructed the
same.
(15) That the licensee, without reasonable cause, has
failed or refused to execute or carry out a lawful contract with
a consignor.
(16) That the licensee has failed or refused to keep and
maintain the records as required by this chapter and/or rules
and regulations adopted hereunder.
(17) That the licensee has attempted payment by a check
the licensee knows not to be backed by sufficient funds to
cover such check.
(18) That the licensee has been guilty of fraud or deception in his dealings with purchasers including misrepresentation of goods as to grade, quality, weights, quantity, or any
other essential fact in connection therewith.
(2004 Ed.)
20.01.350
(19) That the licensee has permitted a person to in fact
operate his own separate business under cover of the licensee's license and bond.
(20) That a commission merchant or dealer has failed to
furnish additional bond coverage within fifteen days of when
it was requested in writing by the director.
(21) That the licensee has discriminated in the licensee's
dealings with consignors on the basis of race, creed, color,
national origin, sex, or the presence of any sensory, mental,
or physical handicap. [1989 c 354 § 40; 1982 c 20 § 1; 1981
c 296 § 32; 1977 ex.s. c 304 § 8; 1971 ex.s. c 182 § 11; 1959
c 139 § 33.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.340
20.01.340 Denial, revocation, suspension of licenses,
probationary orders—Previous violations as grounds.
Previous violation by the applicant or licensee, or by any person connected with him, of any of the provisions of this chapter and/or rules and regulations adopted hereunder, shall be
good and sufficient ground for denial, suspension or revocation of a license, or the issuance of a conditional or probationary order. [1959 c 139 § 34.]
20.01.350
20.01.350 Denial, revocation, suspension of licenses,
probationary orders—Hearing, investigation—Findings
required—Notices. The director, after hearing or investigation, may refuse to grant a license or renewal thereof and may
revoke or suspend any license or issue a conditional or probationary order, as the case may require, when he is satisfied
that the licensee has executory or executed contracts for the
purchase of agricultural products, or for the handling of agricultural products on consignment.
In such cases, if the director is satisfied that to permit the
dealer or commission merchant to continue to purchase or to
receive further shipments or deliveries of agricultural products would be likely to cause serious and irreparable loss to
said consignor-creditors, or to consignors with whom the said
dealer or commission merchant has said contracts, then the
director within his discretion may thereupon and forthwith
shorten the time herein provided for hearing upon an order to
show cause why the license of said dealer or commission
merchant should not be forthwith suspended, or revoked:
PROVIDED, That the time of notice of said hearing, shall in
no event be less than twenty-four hours, and the director
shall, within that period, call a hearing at which the dealer or
commission merchant proceeded against shall be ordered to
show cause why the license should not be suspended, or
revoked, or continued under such conditions and provisions,
if any, as the director may consider just and proper and for the
protection of the best interests of the producer-creditors
involved. Said hearing, in the case of such emergency, may
be called upon written notice, said notice to be served personally or by mail on the dealer or commission merchant
involved, and may be held at the nearest office of the director
or at such place as may be most convenient at the discretion
of the director, for the attendance of all parties involved.
[1959 c 139 § 35.]
[Title 20 RCW—page 9]
20.01.360
Title 20 RCW: Commission Merchants—Agricultural Products
20.01.360
20.01.360 Order of revocation, suspension. Any order
revoking or suspending a license may, within the discretion
of the director, be made conditional upon the settlement,
adjustment or satisfaction of the consequence of the violation
or violations as specified, and the operation of such an order
may be deferred for such purpose. Any such order may contain provisions for modification or dismissal thereof upon
presentation to the director of evidence that the matter of
complaint has been settled, adjusted or withdrawn at any time
before such order becomes final. [1959 c 139 § 36.]
signor who is participating in a pooling arrangement, the
commission merchant shall, on the same day final remittance
and accounting are made to the consignor as required by
RCW 20.01.430, transmit to the consignor a summary of the
records which are available for inspection by any consignor
to that pool. [1991 c 109 § 20; 1989 c 354 § 41; 1988 c 254
§ 18; 1979 ex.s. c 115 § 5; 1977 ex.s. c 304 § 9; 1974 ex.s. c
102 § 6; 1963 c 232 § 3; 1959 c 139 § 37.]
Severability—1989 c 354: See note following RCW 15.36.012.
20.01.380
20.01.370
20.01.370 Commission merchants—Recordkeeping.
Every commission merchant taking control of any agricultural products for sale as such commission merchant, shall
promptly make and keep for a period of three years, beginning on the day the sale of the product is complete, a correct
record showing in detail the following with reference to the
handling, sale, or storage of such agricultural products:
(1) The name and address of the consignor.
(2) The date received.
(3) The quality and quantity delivered by the consignor,
and where applicable the dockage, tare, grade, size, net
weight, or quantity.
(4) An accounting of all sales, including dates, terms of
sales, quality and quantity of agricultural products sold, and
proof of payments received on behalf of the consignor.
(5) The terms of payment to the producer.
(6) An itemized statement of the charges to be paid by
consignor in connection with the sale.
(7) The names and addresses of all purchasers if said
commission merchant has any financial interest in the business of said purchasers, or if said purchasers have any financial interest in the business of said commission merchant,
directly or indirectly, as holder of the other's corporate stock,
as copartner, as lender or borrower of money to or from the
other, or otherwise. Such interest shall be noted in said
records following the name of any such purchaser.
(8) A lot number or other identifying mark for each consignment, which number or mark shall appear on all sales
tags and other essential records needed to show what the agricultural products actually sold for.
(9) Any claim or claims which have been or may be filed
by the commission merchant against any person for overcharges or for damages resulting from the injury or deterioration of such agricultural products by the act, neglect or failure
of such person and such records shall be open to the inspection of the director and the consignor of agricultural products
for whom such claim or claims are made.
Before a commission merchant may handle an agricultural product in a pooling arrangement or accounting, the
consignor must have agreed in writing to allow the pooling.
Where a pooling arrangement is agreed to in writing
between the consignor and commission merchant, the reporting requirements of subsections (4), (5), (6), and (8) of this
section shall apply to the pool rather than to the individual
consignor or consignment and the records of the pool shall be
available for inspection by any consignor to that pool.
For individual accounting, the commission merchant
shall transmit a copy of the record required by this section to
the consignor on the same day the final remittance is made to
the consignor as required by RCW 20.01.430. For a con[Title 20 RCW—page 10]
20.01.380 Dealers, cash buyers, livestock dealers—
Recordkeeping. Every dealer or cash buyer purchasing any
agricultural products from the consignor thereof shall
promptly make and keep for three years a correct record
showing in detail the following:
(1) The name and address of the consignor.
(2) The date received.
(3) The terms of the sale.
(4) The quality and quantity delivered by the consignor,
and where applicable the dockage, tare, grade, size, net
weight, or quantity.
(5) An itemized statement of any charges paid by the
dealer or cash buyer for the account of the consignor.
(6) The name and address of the purchaser: PROVIDED, That the name and address of the purchaser may be
deleted from the record furnished to the consignor.
A copy of such record containing the above matters shall
be forwarded to the consignor forthwith.
Livestock dealers must also maintain individual animal
identification and disposition records as may be required by
law, or regulation adopted by the director. [1991 c 109 § 21;
1989 c 354 § 42; 1988 c 254 § 17; 1981 c 296 § 33; 1963 c
232 § 4; 1959 c 139 § 38.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.385
20.01.385 Failure to comply—Construction of transaction. Whenever a commission merchant or dealer handling
any agricultural products fails to carry out the provisions of
RCW 20.01.370 as now or hereafter amended or RCW
20.01.380, whichever is applicable, it shall be prima facie
evidence that the transaction involving the handling of any
agricultural products between the consignor and the commission merchant or dealer was either a commission type transaction, or dealer transaction constituting an outright sale by
the consignor, whichever is most favorable to the consignor.
Such determination in favor of the consignor shall be based
on the market price of the agricultural product in question at
the time the complaint is filed against said commission merchant or dealer by the consignor: PROVIDED, That if the
return to the consignor is determined most favorably on a
commission basis, the total commission shall not exceed ten
percent, and all other charges for handling the agricultural
product in question shall be figured on the basis of the actual
cost of said handling. [1977 ex.s. c 304 § 10; 1974 ex.s. c 102
§ 7; 1967 c 240 § 42.]
20.01.390
20.01.390 When dealer must pay for products delivered to him. (1) Every dealer must pay for agricultural products, except livestock, delivered to him at the time and in the
(2004 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
manner specified in the contract with the producer, but if no
time is set by such contract, or at the time of said delivery,
then within thirty days from the delivery or taking possession
of such agricultural products.
(2) Every dealer must pay for livestock delivered to him
at the time and in the manner specified in the contract, but if
no time is set by such contract, or at the time of said delivery,
then within seven days from the delivery or taking possession
of such livestock. Where payment for livestock is made by
mail, payment is timely if mailed within seven days of the
date of sale. [1982 c 20 § 2; 1959 c 139 § 39.]
20.01.400
20.01.400 Broker's memorandum of sale. Every broker, upon negotiating the sale of agricultural products, shall
issue to both buyer and seller a written memorandum of sale,
showing price, date of delivery, quality, and other details
concerned in the transaction. A copy of this memorandum
shall be retained by the broker for a period of one year. [1959
c 139 § 40.]
20.01.410
20.01.410 Manifest of cargo—Bill of lading. (1) A
copy of a manifest of cargo, on a form prescribed by the
director, shall be carried on any vehicle transporting agricultural products purchased by a dealer or cash buyer, or consigned to a commission merchant from the consignor thereof
when prescribed by the director. A bill of lading may be carried in lieu of a manifest of cargo for an agricultural product
other than hay or straw.
(2) Except as provided in subsection (3) of this section,
the commission merchant, dealer, or cash buyer of agricultural products shall issue a copy of the manifest or bill of lading to the consignor of the agricultural products and the original shall be retained by the licensee for a period of three
years during which time it shall be surrendered upon request
to the director. The manifest of cargo is valid only when
signed by the licensee or his or her agent and the consignor or
his or her authorized representative of the agricultural products.
(3) The commission merchant or dealer of hay or straw
shall issue a copy of a manifest to the consignor. The original
copy shall be retained by the commission merchant or dealer
for a period of three years during which time it shall be surrendered upon request to the director. The manifest of cargo
is valid only when signed by the licensee or his or her agent
and the consignor or his or her authorized representative of
hay or straw.
(4) Manifest forms will be provided to licensees at the
actual cost for the manifests plus necessary handling costs
incurred by the department. [2003 c 395 § 7; 1971 ex.s. c 182
§ 12; 1959 c 139 § 41.]
20.01.420
20.01.420 Commission merchant's report of sale to
consignor. When requested by a consignor, a commission
merchant shall promptly make available to the consignor or
to the director all records of the ongoing sales of the consignor's agricultural products showing the amount sold, the
selling price, and any other information required under RCW
20.01.370. [1991 c 109 § 22; 1959 c 139 § 42.]
(2004 Ed.)
20.01.450
20.01.430
20.01.430 Commission merchant's remittance to consignor. Every commission merchant shall remit to the consignor of any agricultural product the full price for which
such agricultural product was sold within thirty days of the
date of sale, or in the case of livestock within seven days of
the date of sale unless otherwise mutually agreed between
grower and commission merchant. The remittance to the consignor shall include all collections, overcharges, and damages, less the agreed commission and other charges and
advances, and a complete account of the sale. Where payment
for livestock is made by mail, payment is timely if mailed
within seven days of the date of sale unless otherwise specified in an agreement between the producer and the dealer in
livestock. [1982 c 20 § 3; 1977 ex.s. c 304 § 11; 1974 ex.s. c
102 § 9; 1959 c 139 § 43.]
20.01.440
20.01.440 Commission merchant's copy of records to
be retained—Inspection—Department's certificate of
condition, quality, etc. Every commission merchant shall
retain a copy of all records covering each transaction for a
period of three years from the date thereof, which copy shall
at all times be available for, and open to, the confidential
inspection of the director and the consignor, or authorized
representative of either. In the event of any dispute or disagreement between a consignor and a commission merchant
arising at the time of delivery as to condition, quality, grade,
pack, quantity, or weight of any lot, shipment or consignment
of agricultural products, the department shall furnish, upon
the payment of a reasonable fee therefor by the requesting
party, a certificate establishing the condition, quality, grade,
pack, quantity, or weight of such lot, shipment or consignment. Such certificate shall be prima facie evidence in all
courts of this state as to the recitals thereof. The burden of
proof shall be upon the commission merchant to prove the
correctness of his accounting as to any transaction which may
be questioned. [1991 c 109 § 23; 1959 c 139 § 44.]
20.01.450
20.01.450 Claims against seller by dealer, cash
buyer—Credit to dealer, cash buyer against consignor—
Certificate of proof. No claim may be made as against the
seller of agricultural products by a dealer or cash buyer under
this chapter, and no credit may be allowed to such dealer or
cash buyer as against a consignor of agricultural products by
reason of damage to, or loss, dumping, or disposal of agricultural products sold to said dealer or cash buyer, in any payment, accounting or settlement made by said dealer or cash
buyer to said consignor, unless said dealer or cash buyer has
secured and is in possession of a certificate, issued by an agricultural inspector, county health officer, director, a duly
authorized officer of the state department of social and health
services, or by some other official now or hereafter authorized by law, to the effect that the agricultural products
involved have been damaged, dumped, destroyed or otherwise disposed of as unfit for the purpose intended. Such certificate will not be valid as proof of proper claim, credit or
offset unless issued within twenty-four hours, or a reasonable
time as prescribed by the director, of the receipt by the dealer
or cash buyer of the agricultural products involved. [1979 c
141 § 33; 1959 c 139 § 45.]
[Title 20 RCW—page 11]
20.01.460
Title 20 RCW: Commission Merchants—Agricultural Products
20.01.460
20.01.460 Prohibited acts—Penalties. (1) Any person
who violates the provisions of this chapter or fails to comply
with the rules adopted under this chapter is guilty of a gross
misdemeanor, except as provided in subsections (2) through
(4) of this section.
(2) Any commission merchant, dealer, or cash buyer, or
any person assuming or attempting to act as a commission
merchant, dealer, or cash buyer without a license is guilty of
a class C felony who:
(a) Imposes false charges for handling or services in connection with agricultural products.
(b) Makes fictitious sales or is guilty of collusion to
defraud the consignor.
(c) Intentionally makes false statement or statements as
to the grade, conditions, markings, quality, or quantity of
goods shipped or packed in any manner.
(d) With the intent to defraud the consignor, fails to comply with the requirements set forth under RCW
20.01.010(10), 20.01.390, or 20.01.430.
(3) Any person who violates the provisions of RCW
20.01.040, 20.01.080, 20.01.120, 20.01.125, 20.01.410, or
20.01.610 has committed a civil infraction.
(4) Unlawful issuance of a check or draft may be prosecuted under RCW 9A.56.060. [2003 c 395 § 8; 1989 c 354 §
43; 1988 c 254 § 19; 1986 c 178 § 13; 1982 c 20 § 4; 1959 c
139 § 46.]
Severability—1989 c 354: See note following RCW 15.36.012.
20.01.465
20.01.465 Time of sale requirement—Unlawful practice. (1) In the preparation and use of written contracts, it is
unlawful for a commission merchant to include in such contracts a requirement that a consignor give up all involvement
in determining the time the consignor's agricultural products
will be sold.
(2) Subsection (1) of this section does not apply to agricultural products consigned to a commission merchant under
a written pooling agreement.
(3) Subsection (1) of this section does not apply to seeds
consigned to a commission merchant. [2004 c 212 § 3; 1991
c 109 § 24.]
20.01.470
20.01.470 Action to enjoin violation of chapter. The
director may bring an action to enjoin the violation or the
threatened violation of any provision of this chapter or of any
order made pursuant to this chapter in the superior court in
the county in which such violation occurs or is about to occur.
[1959 c 139 § 47.]
20.01.475
20.01.475 Licensee under chapter—Prima facie evidence acting as licensee handling agricultural products.
It shall be prima facie evidence that a licensee licensed under
the provisions of *this 1971 amendatory act is acting as such
in the handling of any agricultural product. [1971 ex.s. c 182
§ 13; 1967 c 240 § 43.]
*Reviser's note: The term "this 1971 amendatory act" [1971 ex.s. c
182] refers to the 1971 amendments to RCW 20.01.010, 20.01.030,
20.01.040, 20.01.060, 20.01.080, 20.01.125, 20.01.130, 20.01.210,
20.01.212, 20.01.214, 20.01.330, 20.01.410, 20.01.475, and the enactment
of RCW 20.01.480, 20.01.500 through 20.01.560.
[Title 20 RCW—page 12]
20.01.480 Violations resulting in improper or nonpayment—Charges. When a violation has occurred which
results in improper payment or nonpayment and a claim is
made to the department and the payment is secured through
the actions of the department, the charges made to the consignor for the action of the department in the matter will
depend upon the delay of reporting after such improper payment or nonpayment would normally become obvious to the
consignor as follows:
(1) When reported within thirty days, no charge.
(2) When reported thirty days to one hundred eighty
days, five percent.
(3) When reported after one hundred eighty days, ten
percent. [1977 ex.s. c 304 § 13; 1971 ex.s. c 182 § 14.]
20.01.480
20.01.482 Civil infractions—Notice—Promise to
appear or respond—Misdemeanors. (1) The director shall
have the authority to issue a notice of civil infraction if an
infraction is committed in his or her presence or, if after
investigation, the director has reasonable cause to believe an
infraction has been committed.
(2) It is a misdemeanor for any person to refuse to properly identify himself or herself for the purpose of issuance of
a notice of infraction or to refuse to sign the written or electronic promise to appear or respond to a notice of infraction.
(3) Any person willfully violating a written or electronic
and signed promise to respond to a notice of infraction is
guilty of a misdemeanor regardless of the disposition of the
notice of infraction. [2004 c 43 § 3; 2003 c 53 § 161; 1986 c
178 § 1.]
20.01.482
Effective date—2004 c 43: See note following RCW 7.80.150.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
20.01.484 Civil infractions—Response to notice. (1)
Any person who receives a notice of infraction shall respond
to such notice as provided in this section within fifteen days
of the date of the notice.
(2) Any employee or agent of a licensee under this chapter is fully authorized to accept a notice of infraction on
behalf of the licensee. The director shall also furnish a copy
of the notice of infraction to the licensee by certified mail
within five days of issuance.
(3) If the person determined to have committed the
infraction does not contest the determination, that person
shall respond by completing the appropriate portion of the
notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money
order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response,
which does not contest the determination, is received, an
appropriate order shall be entered into the courts record and a
record of the response shall be furnished to the director.
(4) If a person determined to have committed the infraction wishes to contest the determination, that person shall
respond by completing the portion of the notice of the infraction requesting a hearing and submitted either by mail or in
person to the court specified in the notice. The court shall
notify the person in writing of the time, place, and the date of
the hearing which shall not be sooner than fifteen days from
the date of the notice, except by agreement.
20.01.484
(2004 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
(5) If the person determined to have committed the
infraction does not contest the determination, but wishes to
explain mitigating circumstances surrounding the infraction,
the person shall respond by completing the portion of the
notice of infraction requesting a hearing for that purpose and
submitting it either by mail or in person to the court specified
in the notice. The court shall notify the person in writing of
the time, place and date of the hearing.
(6) If a person issued a notice of infraction fails to
respond to the notice of infraction or fails to appear at the
hearing requested pursuant to this section, the court shall
enter an appropriate order in assessing the monetary penalty
prescribed in the schedule of penalties submitted to the court
by the director and shall notify the director of the failure to
respond to the notice of infraction or to appear at a requested
hearing. [1986 c 178 § 2.]
20.01.520
shall adopt a schedule of monetary penalties for each violation of this chapter classified as a civil infraction and shall
submit the schedule to the proper courts. Whenever a monetary penalty is imposed by the court, the penalty is immediately due and payable. The court may, at its discretion, grant
an extension of time, not to exceed thirty days, in which the
penalty must be paid.
(2) Failure to pay any monetary penalties imposed under
this chapter is a misdemeanor. [2003 c 395 § 9; 2003 c 53 §
162; 1986 c 178 § 5.]
Reviser's note: This section was amended by 2003 c 53 § 162 and by
2003 c 395 § 9, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
20.01.500
20.01.486
20.01.486 Civil infractions—Hearing to contest
charge—Order—Appeal. A hearing held for the purpose of
contesting the determination that an infraction has been committed shall be held without jury. The court may consider the
notice of infraction and any other written report submitted by
the director. The person named in the notice may subpoena
witnesses and has the right to present evidence and examine
witnesses present in court. The burden of proof is upon the
state to establish the commission of the infraction by preponderance of evidence.
After consideration of the evidence and argument, the
court shall determine whether the infraction was committed.
Where it is not established that the infraction was committed,
an order dismissing the notice shall be entered in the court's
record. When it is established that the infraction was committed, an appropriate order shall be entered in the court's record,
a copy of which shall be furnished to the director. Appeal
from the court's determination or order shall be to the superior court and must be appealed within ten days. The decision
of the superior court is subject only to discretionary review
pursuant to Rule 2.3 of the rules of appellate procedure.
[1986 c 178 § 3.]
20.01.488
20.01.488 Civil infractions—Informal hearing on
mitigating circumstances—Order—No appeal. A hearing
held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person named in
the notice may not subpoena witnesses. The determination
that the infraction has been committed may not be contested
at a hearing held for the purpose of explaining circumstances.
After the court has heard the explanation of the circumstances
surrounding the commission of the infraction, an appropriate
order shall be entered in the court's record. A copy of the
order shall be furnished to the director. There may be no
appeal from the court's determination or order. [1986 c 178 §
4.]
20.01.490
20.01.490 Civil infractions—Monetary penalty—
Failure to pay, misdemeanor. (1) Any person found to have
committed a civil infraction under this chapter shall be
assessed a monetary penalty. No monetary penalty so
assessed may exceed five thousand dollars. The director
(2004 Ed.)
20.01.500 "Grower," "processor" defined—Application of exemption contained in RCW 20.01.030(1). Notwithstanding any other provision of law, for the purposes of
RCW 20.01.510 through 20.01.550 the term "grower" and
the term "processor" shall have the meanings ascribed thereto
by this section:
(1) "Grower" means any person, firm, company, or other
organization that is engaged in the production of agricultural
crops which must be planted, cultivated, and harvested within
a twelve month period.
(2)(a) "Processor" means any person, firm, company, or
other organization that purchases agricultural crops from a
grower and who cans, freezes, dries, dehydrates, cooks,
presses, powders, or otherwise processes such crops in any
manner whatsoever for eventual resale.
(b) The exemption provided for in RCW 20.01.030(1)
shall not apply to a cooperative or association as defined
therein, which acts as a processor defined herein, and markets
such agricultural crops on behalf of the grower or on its own
behalf. [1977 ex.s. c 304 § 14; 1971 ex.s. c 182 § 15.]
20.01.510
20.01.510 Processor's form showing maximum processing capacity. In order to carry out the purposes of *this
1971 amendatory act, the director may require a processor to
annually complete a form prescribed by the director, which,
when completed, will show the maximum processing capacity of each plant operated by the processor in the state of
Washington. Such completed form shall be returned to the
director by a date prescribed by him. [1971 ex.s. c 182 § 16.]
*Reviser's note: For "this 1971 amendatory act," see note following
RCW 20.01.475.
20.01.520
20.01.520 Processor to have grower contracts and
commitments on file. By a date or dates prescribed prior to
planting time by the director, the director, in order to carry
out the purposes of *this 1971 amendatory act, may require a
processor to have filed with him:
(1) A copy of each contract he has entered into with a
grower for the purchase of acres of crops and/or quantity of
crops to be harvested during the present or next growing season; and
(2) A notice of each oral commitment he has given to
growers for the purchase of acres of crops and/or quantity of
crops to be harvested during the present or next growing sea[Title 20 RCW—page 13]
20.01.530
Title 20 RCW: Commission Merchants—Agricultural Products
son, and such notice shall disclose the amount of acres and/or
quantity to which the processor has committed himself.
[1971 ex.s. c 182 § 17.]
*Reviser's note: For "this 1971 amendatory act," see note following
RCW 20.01.475.
vided in RCW 20.01.482 and 20.01.484, and shall allow the
vehicle to continue toward its destination without further
delay. [2003 c 395 § 10; 1986 c 178 § 14; 1983 c 305 § 8.]
Severability—1983 c 305: See note following RCW 20.01.010.
20.01.900
20.01.530
20.01.530 Grower may file form showing crops processor is committed to purchase. Any grower may file with
the director on a form prescribed by him the acres of crops
and/or quantity of crops to be harvested during the present or
next growing season, which he understands a processor has
orally committed himself to purchase. [1971 ex.s. c 182 §
18.]
20.01.540
20.01.540 Committing to purchase more crops than
plants can process—Violation. Any processor who, from
the information filed with the director, appears to or has committed himself either orally or in writing to purchase more
crops than his plants are capable of processing shall be in violation of this chapter and his dealer's license subject to denial,
suspension, or revocation as provided for in RCW 20.01.330.
[1971 ex.s. c 182 § 19.]
20.01.550
20.01.550 Discrimination by processor. Any processor who discriminates between growers with whom he contracts as to price, conditions for production, harvesting, and
delivery of crops which is not supportable by economic cost
factors shall be in violation of this chapter and the director
may subsequent to a hearing deny, suspend, or revoke such
processor's license to act as a dealer. [1977 ex.s. c 304 § 15;
1971 ex.s. c 182 § 20.]
20.01.900 Chapter cumulative and nonexclusive. The
provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other remedy. [1959 c 139 § 48.]
20.01.910
20.01.910 Severability—1959 c 139. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provision or part
thereof, not adjudged invalid or unconstitutional. [1959 c
139 § 49.]
20.01.911
20.01.911 Severability—1963 c 232.
15.61.900.
See RCW
20.01.912
20.01.912 Severability—1967 c 240. See note following RCW 43.23.010.
20.01.913
20.01.913 Severability—1979 ex.s. c 115. If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1979 ex.s. c 115 § 7.]
20.01.920
20.01.560
20.01.560 Effective date of RCW 20.01.500 through
20.01.550. RCW 20.01.500 through 20.01.550 shall take
effect beginning on September 1, 1972. [1971 ex.s. c 182 §
21.]
20.01.920 Effective date—1959 c 139. The effective
date of this chapter shall be January 1, 1960. [1959 c 139 §
50.]
20.01.930
20.01.570
20.01.570 Cash or other security in lieu of surety
bond. In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with
the director a deposit consisting of cash or other security
acceptable to the director. The director may adopt rules and
regulations necessary for the administration of such security.
[1973 c 142 § 2.]
20.01.930 Repealer. Chapter 14, Laws of 1955 as
amended by section 4, chapter 262, Laws of 1955, section 3,
chapter 262, Laws of 1955, sections 1 and 2, chapter 262,
Laws of 1955 and RCW 20.04.010 through 20.04.120,
20.08.010 through 20.08.110, 20.12.020 through 20.12.040,
20.16.010 through 20.16.040, 20.20.010 through 20.20.060,
20.24.010 through 20.24.070 and 20.98.010 through
20.98.060 are hereby repealed. [1959 c 139 § 51.]
20.01.610
20.01.610 Authority to stop vehicle violating chapter—Failure to stop, civil infraction. The director or
appointed officers may stop a vehicle transporting agricultural products upon the public roads of this state if there is
reasonable cause to believe the carrier, seller, or buyer may
be in violation of this chapter. Any operator of a vehicle failing or refusing to stop when directed to do so has committed
a civil infraction.
The director and appointed officers shall work to ensure
that vehicles carrying perishable agricultural products are
detained no longer than is absolutely necessary for a prompt
assessment of compliance with this chapter. If a vehicle carrying perishable agricultural products is found to be in violation of this chapter, the director or appointed officers shall
promptly issue necessary notices of civil infraction, as pro[Title 20 RCW—page 14]
20.01.940
20.01.940 Repealer—Savings—1979 ex.s. c 115. Section 10, chapter 102, Laws of 1974 ex. sess., section 12, chapter 304, Laws of 1977 ex. sess. and RCW 20.01.445 are each
repealed.
Such repeals shall not be construed as affecting any
existing right acquired under the statutes repealed, nor as
affecting any proceeding instituted thereunder, nor any rule,
regulation, or order promulgated thereunder, nor any administrative action taken thereunder. [1979 ex.s. c 115 § 6.]
(2004 Ed.)
Title 21
Title 21
SECURITIES AND INVESTMENTS
Chapters
21.20
Securities act of Washington.
21.30
Commodity transactions.
21.35
Uniform transfer on death security registration act.
Department of financial institutions: Chapter 43.320 RCW.
The Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Chapter 21.20
Chapter 21.20 RCW
SECURITIES ACT OF WASHINGTON
REGISTRATION BY QUALIFICATION
21.20.210
21.20.220
21.20.230
GENERAL PROVISIONS REGARDING REGISTRATION
OF SECURITIES
21.20.240
21.20.250
21.20.260
21.20.270
21.20.275
Sections
DEFINITIONS
21.20.005
21.20.010
21.20.020
21.20.030
21.20.035
Unlawful offers, sales, purchases.
Unlawful acts of person advising another.
Unlawful acts of investment adviser.
Unlawful purchases or sales for customer's account.
21.20.280
21.20.290
21.20.300
Variable contracts—Registration required—Rules.
REGISTRATION AND NOTICE FOR BROKER-DEALERS,
SALESPERSONS, INVESTMENT ADVISERS,
AND INVESTMENT ADVISER SALESPERSONS
21.20.040
21.20.050
21.20.060
21.20.070
21.20.080
21.20.090
21.20.100
21.20.110
21.20.120
21.20.130
21.20.135
Registration and notification required—Exemptions.
Application for registration—Filing of documents—Consent
to service of process—Fee.
Contents of application for registration—Capital requirements.
When registration effective—Requirements determined by
rule.
Duration of registration—Association with issuer, brokerdealer, federal covered adviser, or investment adviser—
Notice to director—Extension of licensing period.
Renewal of registration—Financial reports—Application for a
successor.
Accounts, correspondence, memoranda, papers, books, and
other records—Release of information—Correction of filed
document—Examination.
Director may deny, suspend, revoke, restrict, condition, or
limit any application or registration—Director may censure
or fine registrant—Grounds—Procedures—Costs—
Accounting.
Denial, suspension, revocation of registration—Order—
Request for, notice of hearing—Findings and conclusions.
Cancellation of registration or application—Grounds.
License as salesperson or broker-dealer prerequisite to suit for
commission.
REGISTRATION OF SECURITIES
21.20.140
Unlawful to offer or sell unregistered securities—Exceptions.
21.20.310
Securities exempt from registration.
21.20.320
Exempt transactions.
EXEMPT TRANSACTIONS
EXEMPT SECURITIES AND TRANSACTIONS
21.20.325
Denial, revocation, condition, of exemptions—Authority—
Procedure.
21.20.327
Required filings—Consent to service—Failure to comply—
Rules—Fees.
FEDERAL COVERED SECURITY
CONSENT TO SERVICE OF PROCESS
21.20.330
21.20.190
21.20.200
(2004 Ed.)
Registration by coordination—Requirements—Statement,
contents.
Time of taking effect of registration statement by coordination—Conditions—"Price amendment", notification.
Failure to notify of price amendment, proof of compliance—
Stop order—Waiver of certain conditions.
Consent to service of process—Service, how made.
FEES
21.20.340
Fees—Disposition.
MISLEADING FILINGS
21.20.350
False or misleading statements in filed documents.
UNLAWFUL REPRESENTATIONS CONCERNING REGISTRATION
OR EXEMPTION
21.20.360
Filing, registration, statement, exemption not conclusive as to
truth or completeness—Unlawful representations.
INVESTIGATIONS AND SUBPOENAS
21.20.370
21.20.380
REGISTRATION BY COORDINATION
21.20.180
Stop orders—Grounds.
Stop order prohibited if facts known on effective date of statement.
Notification of entry of stop order—Hearing—Findings, conclusions, modification, etc.
EXEMPT SECURITIES
VARIABLE CONTRACTS
21.20.037
Registration statements—Generally.
Registration by qualification or coordination—Escrow—
Impounding proceeds.
Registration by coordination or qualification—Offer and
sale—Duration of effectiveness.
Reports by filer of statement—Annual financial statements.
Pending registration—Notice of termination—Application for
continuation.
DENIAL, SUSPENSION AND REVOCATION
OF REGISTRATION OF SECURITIES
Definitions.
FRAUDULENT AND OTHER PROHIBITED PRACTICES
Registration by qualification—Statements—Requirements—
Audits.
Information not required when nonissuer distribution.
Time of taking effect of registration statement by qualification—Conditions.
Investigations—Statement of facts relating to investigation
may be permitted—Publication of information—Use of
criminal history record information.
Oaths—Subpoenas—Assisting another state—Compelling
obedience—Punishment.
INJUNCTIONS AND OTHER REMEDIES
21.20.390
21.20.395
Injunction, cease and desist order, restraining order, mandamus—Appointment of receiver or conservator for insolvent—Restitution or damages—Costs—Accounting.
Administrative action—Hearing—Judicial review—Judgment.
[Title 21 RCW—page 1]
21.20.005
Title 21 RCW: Securities and Investments
CRIMINAL LIABILITIES
21.20.400
21.20.400
21.20.410
21.20.420
Penalty for violation of chapter—Limitation of actions (as
amended by 2003 c 288).
Penalty for violation of chapter—Limitation of actions (as
amended by 2003 c 53).
Attorney general, prosecuting attorney may institute criminal
proceeding—Referral of evidence by director.
Criminal punishment, chapter not exclusive.
21.20.825
21.20.830
21.20.835
21.20.840
21.20.845
21.20.850
21.20.855
CIVIL LIABILITIES
21.20.430
Civil liabilities—Survival, limitation of actions—Waiver of
chapter void—Scienter.
STATUTORY POLICY
21.20.900
Construction to secure uniformity.
21.20.905
Severability—1959 c 282.
DISCONTINUANCE OF VIOLATIONS
21.20.435
Assurance of discontinuance of violations—Acceptance—Filing.
SEVERABILITY OF PROVISIONS
REPEAL AND SAVING PROVISIONS
JUDICIAL REVIEW OF ORDERS
21.20.440
Judicial review of order—Modification of order by director on
additional evidence.
ADMINISTRATION OF CHAPTER
21.20.450
21.20.460
21.20.470
21.20.480
21.20.490
21.20.500
21.20.510
21.20.520
21.20.530
Administration of chapter—Rules and forms, publication—
Cooperation with other state and federal authorities.
Administrator of securities—Appointment, qualifications,
term, etc.
Compensation, travel expenses of administrator and employees.
Unlawful use or disclosure of filed information.
No liability under chapter for act in good faith.
Administrative hearings public—Exception.
Document filed when received—Register—Inspection of register, information, etc.
Copies of entries, documents to be furnished—Copies as
prima facie evidence.
Interpretative opinions by director.
PROOF OF EXEMPTION
21.20.540
Exemptions, exceptions, and preemptions—Burden of proof.
ADVISORY COMMITTEE
21.20.550
21.20.560
21.20.570
21.20.580
21.20.590
State advisory committee—Composition, appointment, qualifications.
State advisory committee—Chairperson, secretary—Meetings.
State advisory committee—Terms—Vacancies.
State advisory committee—Duties.
State advisory committee—Reimbursement of travel
expenses.
ADDITIONAL PROVISIONS
21.20.700
21.20.702
21.20.705
21.20.710
21.20.715
21.20.717
21.20.720
21.20.725
21.20.727
21.20.730
21.20.732
21.20.734
21.20.740
21.20.745
21.20.750
21.20.800
21.20.805
21.20.810
21.20.815
21.20.820
Investigations and examinations—Additional authority—
Scope.
Suitability of recommendation—Reasonable grounds
required.
Debenture companies—Definitions.
Debenture companies—Capital requirements.
Debenture companies—Maturity date requirements.
Debenture companies—Controlling person—Exceptions.
Debenture companies—Prohibited activities by directors,
officers, or controlling persons.
Debenture companies—Debentures payable on demand—
Interest—Certificates of debenture.
Debenture companies—Acquisition of control—Requirements—Violation—Penalty.
Debenture companies—Acquisition of control—Grounds for
disapproval.
Debenture companies—Notice of charges—Hearing—Cease
and desist orders.
Debenture companies—Temporary cease and desist orders.
Reports—Requirements.
Reports—Violations of reporting requirements—Penalties—
Contribution.
Reports—Suspension of sale of securities until reporting
requirements complied with.
Severability—1973 1st ex.s. c 171.
Effective date—Construction—1973 1st ex.s. c 171.
Application of chapter not limited.
Debenture companies—Equity investments.
Debenture companies—Loans to any one borrower—Limitations.
[Title 21 RCW—page 2]
Debenture companies—Bad debts.
Debenture companies—Investments in unsecured loans.
Debenture companies—Debenture holders—Notice of maturity date of debenture.
Debenture companies—Annual financial statement.
Debenture companies—Rules.
Debenture companies—Record maintenance and preservation—Examination.
Debenture companies—Examination reports and information—Exempt from public disclosure—Use in civil actions.
21.20.910
21.20.915
21.20.920
21.20.925
21.20.930
21.20.935
Saving—Civil, criminal proceedings.
Saving—Prior effective registrations.
Application of prior law.
Judicial review of prior administrative orders.
Solicitation permits under insurance laws not limited.
Repealer.
SHORT TITLE
21.20.940
Short title.
Reviser's note: Powers, duties, and functions of the department of
licensing relating to securities were transferred to the department of financial
institutions by 1993 c 472, effective October 1, 1993. See RCW 43.320.011.
"Bucket shop": RCW 9.47.080, 9.47.090.
Business corporations: Title 23B RCW.
Camping resort contracts—Nonapplicability of certain laws to: RCW
19.105.510.
Corporate seals, effect of nonuse: RCW 64.04.105.
Exemption of timeshares from chapter: RCW 64.36.290.
False stock subscriptions: RCW 9.24.010.
Fraudulent issue of stock: RCW 9.24.020.
Negotiable instruments: Title 62A RCW.
Permit to sell stock of domestic insurance company: Chapter 48.06 RCW.
Public service company securities: Chapter 81.08 RCW.
Sale of capital notes and debentures by banks and trust companies: Chapter
30.36 RCW.
Securities of public utilities: Chapter 80.08 RCW.
Trust receipts: Title 62A RCW.
Uniform Commercial Code—Investment securities: Article 62A.8 RCW.
Viatical settlements: Chapter 48.102 RCW.
Written statement of purchase or sale to be furnished market trader: RCW
9.47.100.
DEFINITIONS
21.20.005
21.20.005 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
otherwise requires:
(1) "Director" means the director of financial institutions
of this state.
(2) "Salesperson" means any individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect sales of securities. "Salesperson"
does not include an individual who represents an issuer in (a)
effecting a transaction in a security exempted by RCW
21.20.310 (1), (2), (3), (4), (9), (10), (11), (12), or (13), (b)
effecting transactions exempted by RCW 21.20.320 unless
otherwise expressly required by the terms of the exemption,
or (c) effecting transactions with existing employees, partners, or directors of the issuer if no commission or other
(2004 Ed.)
Securities Act of Washington
remuneration is paid or given directly or indirectly for soliciting any person in this state.
(3) "Broker-dealer" means any person engaged in the
business of effecting transactions in securities for the account
of others or for that person's own account. "Broker-dealer"
does not include (a) a salesperson, issuer, bank, savings institution, or trust company, (b) a person who has no place of
business in this state if the person effects transactions in this
state exclusively with or through the issuers of the securities
involved in the transactions, other broker-dealers, or banks,
savings institutions, trust companies, insurance companies,
investment companies as defined in the investment company
act of 1940, pension or profit-sharing trusts, or other financial
institutions or institutional buyers, whether acting for themselves or as trustees, or (c) a person who has no place of business in this state if during any period of twelve consecutive
months that person does not direct more than fifteen offers to
sell or to buy into or make more than five sales in this state in
any manner to persons other than those specified in (b) of this
subsection.
(4) "Guaranteed" means guaranteed as to payment of
principal, interest, or dividends.
(5) "Full business day" means all calendar days, excluding therefrom Saturdays, Sundays, and all legal holidays, as
defined by statute.
(6) "Investment adviser" means any person who, for
compensation, engages in the business of advising others,
either directly or through publications or writings, as to the
value of securities or as to the advisability of investing in,
purchasing, or selling securities, or who, for compensation
and as a part of a regular business, issues or promulgates
analyses or reports concerning securities. "Investment
adviser" also includes financial planners and other persons
who, as an integral component of other financially related
services, (a) provide the foregoing investment advisory services to others for compensation as part of a business or (b)
hold themselves out as providing the foregoing investment
advisory services to others for compensation. Investment
adviser shall also include any person who holds himself out
as a financial planner.
"Investment adviser" does not include (a) a bank, savings institution, or trust company, (b) a lawyer, accountant,
certified public accountant licensed under chapter 18.04
RCW, engineer, or teacher whose performance of these services is solely incidental to the practice of his or her profession, (c) a broker-dealer or its salesperson whose performance of these services is solely incidental to the conduct of
its business as a broker-dealer and who receives no special
compensation for them, (d) a publisher of any bona fide
newspaper, news magazine, news column, newsletter, or
business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise,
that does not consist of the rendering of advice on the basis of
the specific investment situation of each client, (e) a radio or
television station, (f) a person whose advice, analyses, or
reports relate only to securities exempted by RCW
21.20.310(1), (g) an investment adviser representative, or (h)
such other persons not within the intent of this paragraph as
the director may by rule or order designate.
(7) "Issuer" means any person who issues or proposes to
issue any security, except that with respect to certificates of
(2004 Ed.)
21.20.005
deposit, voting trust certificates, or collateral-trust certificates, or with respect to certificates of interest or shares in an
unincorporated investment trust not having a board of directors (or persons performing similar functions) or of the fixed,
restricted management, or unit type; the term "issuer" means
the person or persons performing the acts and assuming the
duties of depositor or manager pursuant to the provisions of
the trust or other agreement or instrument under which the
security is issued.
(8) "Nonissuer" means not directly or indirectly for the
benefit of the issuer.
(9) "Person" means an individual, a corporation, a partnership, a limited liability company, a limited liability partnership, an association, a joint-stock company, a trust where
the interest of the beneficiaries are evidenced by a security,
an unincorporated organization, a government, or a political
subdivision of a government.
(10) "Sale" or "sell" includes every contract of sale of,
contract to sell, or disposition of, a security or interest in a
security for value. "Offer" or "offer to sell" includes every
attempt or offer to dispose of, or solicitation of an offer to
buy, a security or interest in a security for value.
Any security given or delivered with, or as a bonus on
account of, any purchase of securities or any other thing is
considered to constitute part of the subject of the purchase
and to have been offered and sold for value. A purported gift
of assessable stock is considered to involve an offer and sale.
Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer, as
well as every sale or offer of a security which gives the holder
a present or future right or privilege to convert into another
security of the same or another issuer, is considered to
include an offer of the other security.
(11) "Securities Act of 1933," "Securities Exchange Act
of 1934," "Public Utility Holding Company Act of 1935,"
"Investment Company Act of 1940," and "Investment Advisers Act of 1940" means the federal statutes of those names as
amended before or after June 10, 1959.
(12)(a) "Security" means any note; stock; treasury stock;
bond; debenture; evidence of indebtedness; certificate of
interest or participation in any profit-sharing agreement; collateral-trust certificate; preorganization certificate or subscription; transferable share; investment contract; investment
of money or other consideration in the risk capital of a venture with the expectation of some valuable benefit to the
investor where the investor does not receive the right to exercise practical and actual control over the managerial decisions of the venture; voting-trust certificate; certificate of
deposit for a security; fractional undivided interest in an oil,
gas, or mineral lease or in payments out of production under
a lease, right, or royalty; charitable gift annuity; any put, call,
straddle, option, or privilege on any security, certificate of
deposit, or group or index of securities, including any interest
therein or based on the value thereof; or any put, call, straddle, option, or privilege entered into on a national securities
exchange relating to foreign currency; or, in general, any
interest or instrument commonly known as a "security," or
any certificate of interest or participation in, temporary or
interim certificate for, receipt for, guarantee of, or warrant or
right to subscribe to or purchase, any security under this sub[Title 21 RCW—page 3]
21.20.010
Title 21 RCW: Securities and Investments
section. This subsection applies whether or not the security is
evidenced by a written document.
(b) "Security" does not include: (i) Any insurance or
endowment policy or annuity contract under which an insurance company promises to pay a fixed sum of money either in
a lump sum or periodically for life or some other specified
period; or (ii) an interest in a contributory or noncontributory
pension or welfare plan subject to the Employee Retirement
Income Security Act of 1974.
(13) "State" means any state, territory, or possession of
the United States, as well as the District of Columbia and
Puerto Rico.
(14) "Investment adviser representative" means any partner, officer, director, or a person occupying similar status or
performing similar functions, or other individual, who is
employed by or associated with an investment adviser, and
who does any of the following:
(a) Makes any recommendations or otherwise renders
advice regarding securities;
(b) Manages accounts or portfolios of clients;
(c) Determines which recommendation or advice regarding securities should be given;
(d) Solicits, offers, or negotiates for the sale of or sells
investment advisory services; or
(e) Supervises employees who perform any of the functions under (a) through (d) of this subsection.
(15) "Relatives," as used in RCW 21.20.310(11)
includes:
(a) A member's spouse;
(b) Parents of the member or the member's spouse;
(c) Grandparents of the member or the member's spouse;
(d) Natural or adopted children of the member or the
member's spouse;
(e) Aunts and uncles of the member or the member's
spouse; and
(f) First cousins of the member or the member's spouse.
(16) "Customer" means a person other than a brokerdealer or investment adviser.
(17) "Federal covered security" means any security
defined as a covered security in the Securities Act of 1933.
(18) "Federal covered adviser" means any person registered as an investment adviser under section 203 of the
Investment Advisers Act of 1940. [2002 c 65 § 1; 1998 c 15
§ 1; 1994 c 256 § 3. Prior: 1993 c 472 § 14; 1993 c 470 § 4;
1989 c 391 § 1; 1979 ex.s. c 68 § 1; 1979 c 130 § 3; 1977 ex.s.
c 188 § 1; 1975 1st ex.s. c 84 § 1; 1967 c 199 § 1; 1961 c 37
§ 1; 1959 c 282 § 60.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Severability—1979 c 130: See note following RCW 28B.10.485.
FRAUDULENT AND OTHER PROHIBITED PRACTICES
21.20.010
21.20.010 Unlawful offers, sales, purchases. It is
unlawful for any person, in connection with the offer, sale or
purchase of any security, directly or indirectly:
(1) To employ any device, scheme, or artifice to defraud;
(2) To make any untrue statement of a material fact or to
omit to state a material fact necessary in order to make the
[Title 21 RCW—page 4]
statements made, in the light of the circumstances under
which they are made, not misleading; or
(3) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any
person. [1959 c 282 § 1.]
21.20.020
21.20.020 Unlawful acts of person advising another.
(1) It is unlawful for any person who receives any consideration from another party primarily for advising the other person as to the value of securities or their purchase or sale,
whether through the issuance of analyses or reports or otherwise:
(a) To employ any device, scheme, or artifice to defraud
the other person;
(b) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon the
other person; or
(c) To engage in any dishonest or unethical practice as
the director may define by rule.
This subsection (1) applies whether or not the person is
an investment adviser, federal covered adviser, or investment
adviser under this chapter or the Investment Advisers Act of
1940.
(2) It is unlawful for an investment adviser, acting as
principal for his or her own account, knowingly to sell any
security to or purchase any security from a client, or act as a
broker for a person other than such client, knowingly to effect
any sale or purchase of any security for the account of such
client, without disclosing to such client in writing before the
execution of such transaction the capacity in which he or she
is acting and obtaining the consent of the client to such transaction.
This subsection (2) does not apply to a transaction with a
customer of a broker-dealer if the broker-dealer is not acting
as an investment adviser in relation to the transaction. [2002
c 65 § 2; 1998 c 15 § 2; 1959 c 282 § 2.]
21.20.030
21.20.030 Unlawful acts of investment adviser. It is
unlawful for any investment adviser to enter into, extend, or
renew any investment advisory contract unless it provides in
writing:
(1) That the investment adviser shall not be compensated
on the basis of a share of capital gains upon or capital appreciation of the funds or any portion of the funds of the client;
however, this subsection does not prohibit: (a) An investment advisory contract which provides for compensation
based upon the total of a fund averaged over a definite period,
or as of definite dates or taken as of a definite date; or (b) performance compensation arrangements permitted under any
rule the director may adopt in order to allow performance
compensation arrangements permitted under the Investment
Advisers Act of 1940 and regulations promulgated by the
securities and exchange commission thereunder;
(2) That no assignment of the contract may be made by
the investment adviser without the consent of the other party
to the contract; and
(3) That the investment adviser, if a partnership, shall
notify the other party to the contract of any change in the
membership of the partnership within a reasonable time after
the change.
(2004 Ed.)
Securities Act of Washington
"Assignment", as used in subsection (2) of this section,
includes any direct or indirect transfer or hypothecation of an
investment advisory contract by the assignor or of a controlling block of the assignor's outstanding voting securities by a
security holder of the assignor; but, if the investment adviser
is a partnership, no assignment of an investment advisory
contract is considered to result from the death or withdrawal
of a minority of the members of the investment adviser having only a minority interest in the business of the investment
adviser, or from the admission to the investment adviser of
one or more members who, after admission, will be only a
minority of the members and will have only a minority interest in the business. [1993 c 114 § 1; 1959 c 282 § 3.]
21.20.035
21.20.035 Unlawful purchases or sales for customer's
account. It is unlawful for a broker-dealer, salesperson,
investment adviser, or investment adviser representative
knowingly to effect or cause to be effected, with or for a customer's account, transactions of purchase or sale (1) that are
excessive in size or frequency in view of the financial
resources and character of the account and (2) that are
effected because the broker-dealer, salesperson, investment
adviser, or investment adviser representative is vested with
discretionary power or is able by reason of the customer's
trust and confidence to influence the volume and frequency
of the trades. [1994 c 256 § 4; 1993 c 470 § 1.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
VARIABLE CONTRACTS
21.20.037
21.2 0.03 7 Va riable contract s—Regist rat io n
required—Rules. As required by chapter 48.18A RCW, a
person selling variable contracts shall be registered as a broker-dealer or securities salesperson as required by this chapter. This chapter, and any rules or orders adopted under this
chapter, applies to any person engaged in the offer, sale, or
purchase of a variable contract. "Variable contract" means
the same as set forth under chapter 48.18A RCW. [2002 c 65
§ 8.]
REGISTRATION AND NOTICE FOR
BROKER-DEALERS, SALESPERSONS,
INVESTMENT ADVISERS, AND INVESTMENT
ADVISER SALESPERSONS
21.20.040
21.20.040 Registration and notification required—
Exemptions. (1) It is unlawful for any person to transact
business in this state as a broker-dealer or salesperson,
unless: (a) The person is registered under this chapter; (b) the
person is exempted from registration as a broker-dealer or
salesperson to sell or resell condominium units sold in conjunction with an investment contract as may be provided by
rule or order of the director as to persons who are licensed
pursuant to the provisions of chapter 18.85 RCW; (c) the person is a salesperson who satisfies the requirements of section
15(h)(2) of the Securities Exchange Act of 1934 and effects
in this state no transactions other than those described by section 15(h)(3) of the Securities Exchange Act of 1934; (d) the
person is a salesperson effecting transactions in open-end
investment company securities sold at net asset value without
(2004 Ed.)
21.20.040
any sales charges; or (e) the person participates only in the
sale or offering for sale of variable contracts which fund corporate plans meeting the requirements for qualification under
section 401 or 403 of the United States Internal Revenue
Code as set forth in RCW 48.18A.060.
(2) It is unlawful for any broker-dealer or issuer to
employ a salesperson unless the salesperson is registered or
exempted from registration.
(3) It is unlawful for any person to transact business in
this state as an investment adviser or investment adviser representative unless: (a) The person is so registered or exempt
from registration under this chapter; (b) the person has no
place of business in this state and (i) the person's only clients
in this state are investment advisers registered under this
chapter, federal covered advisers, broker-dealers, banks, savings institutions, trust companies, insurance companies,
investment companies as defined in the Investment Company
Act of 1940, employee benefit plans with assets of not less
than one million dollars, or governmental agencies or instrumentalities, whether acting for themselves or as trustees with
investment control, or (ii) during the preceding twelve-month
period the person has had fewer than six clients who are residents of this state other than those specified in (b)(i) of this
subsection; (c) the person is an investment adviser to an
investment company registered under the Investment Company Act of 1940; (d) the person is a federal covered adviser
and the person has complied with requirements of RCW
21.20.050; or (e) the person is excepted from the definition of
investment adviser under section 202(a)(11) of the Investment Advisers Act of 1940.
(4) It is unlawful for any person, other than a federal covered adviser, to hold himself or herself out as, or otherwise
represent that he or she is a "financial planner", "investment
counselor", or other similar term, as may be specified in rules
adopted by the director, unless the person is registered as an
investment adviser or investment adviser representative, is
exempt from registration under RCW 21.20.040(1), or is
excluded from the definition of investment adviser under
RCW 21.20.005(6).
(5)(a) It is unlawful for any person registered or required
to be registered as an investment adviser under this chapter to
employ, supervise, or associate with an investment adviser
representative unless such investment adviser representative
is registered as an investment adviser representative under
this chapter.
(b) It is unlawful for any federal covered adviser or any
person required to be registered as an investment adviser
under section 203 of the Investment Advisers Act of 1940 to
employ, supervise, or associate with an investment adviser
representative having a place of business located in this state,
unless such investment adviser representative is registered or
is exempted from registration under this chapter. [2002 c 65
§ 3; 1998 c 15 § 3; 1994 c 256 § 5; 1989 c 391 § 2; 1979 ex.s.
c 68 § 2; 1975 1st ex.s. c 84 § 2; 1974 ex.s. c 77 § 1; 1959 c
282 § 4.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: "This 1974 amendatory act shall take
effect on July 1, 1974." [1974 ex.s. c 77 § 14.]
Insurance, solicitation permits for sale of securities: RCW 48.06.090.
[Title 21 RCW—page 5]
21.20.050
Title 21 RCW: Securities and Investments
21.20.050
21.20.050 Application for registration—Filing of
documents—Consent to service of process—Fee. (1) A
broker-dealer, salesperson, investment adviser, or investment
adviser representative may apply for registration by filing
with the director or his authorized agent an application
together with a consent to service of process in such form as
the director shall prescribe and payment of the fee prescribed
in RCW 21.20.340.
(2) A federal covered adviser shall file such documents
as the director may, by rule or otherwise, require together
with a consent to service of process and the payment of the
fee prescribed in RCW 21.20.340. [1998 c 15 § 4; 1994 c 256
§ 6; 1981 c 272 § 1; 1979 ex.s. c 68 § 3; 1975 1st ex.s. c 84 §
3; 1961 c 37 § 2; 1959 c 282 § 5.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.060
21.20.060 Contents of application for registration—
Capital requirements. The application shall contain whatever information the director requires concerning such matters as:
(1) The applicant's form and place of organization;
(2) The applicant's proposed method of doing business;
(3) The qualifications and business history of the applicant and in the case of a broker-dealer or investment adviser;
any partner, officer, or director, or any person occupying a
similar status or performing similar functions; or any person
directly or indirectly controlling the broker-dealer or investment adviser;
(4) Any injunction or administrative order or conviction
of a misdemeanor involving a security or any aspect of the
securities business and any conviction of a felony;
(5) The applicant's financial condition and history;
(6) The address of the principal place of business of the
applicant and the addresses of all branch offices of the applicant in this state; and
(7) Any information to be furnished or disseminated to
any client or prospective client, if the applicant is an investment adviser.
The director may by rule or otherwise require a minimum capital for registered broker-dealers, not to exceed the
limitations provided in section 15 of the Securities Exchange
Act of 1934, and establish minimum financial requirements
for investment advisers, not to exceed the limitations provided in section 222 of the Investment Advisers Act of 1940,
which may include different requirements for investment
advisers who maintain custody of clients' funds or securities
or who have discretionary authority over those funds or securities, and may allow registrants to maintain a surety bond of
appropriate amount as an alternative method of compliance
with minimum capital or financial requirements. [1998 c 15
§ 5; 1995 c 46 § 1; 1994 c 256 § 7; 1965 c 17 § 1; 1959 c 282
§ 6.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.070
21.20.070 When registration effective—Requirements determined by rule. If the application meets the
requirements for registration, as the director may by rule or
otherwise determine, and no denial order is in effect and no
proceeding is pending under RCW 21.20.110, the director
shall make the registration effective. [1998 c 15 § 6; 1981 c
[Title 21 RCW—page 6]
272 § 2; 1979 ex.s. c 68 § 4; 1975 1st ex.s. c 84 § 4; 1974 ex.s.
c 77 § 2; 1959 c 282 § 7.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
21.20.080
21.20.080 Duration of registration—Association with
issuer, broker-dealer, federal covered adviser, or investment adviser—Notice to director—Extension of licensing
period. Registration of a broker-dealer, salesperson, investment adviser representative, or investment adviser shall be
effective for a one-year period unless the director by rule or
order provides otherwise. The director by rule or order may
schedule registration or renewal so that all registrations and
renewals expire December 31st. The director may adjust the
fee for registration or renewal proportionately. The registration of a salesperson or investment adviser representative is
not effective during any period when the salesperson is not
employed by or associated with an issuer or a registered broker-dealer or when the investment adviser representative is
not employed by or associated with an investment adviser
registered under this chapter or a federal covered adviser who
has made a notice filing pursuant to RCW 21.20.050. To be
employed by or associated with an issuer, broker-dealer, federal covered adviser, or investment adviser within the meaning of this section notice, either in writing or in some other
format as the director may by rule or otherwise specify, must
be given to the director. When a salesperson begins or terminates employment or association with an issuer or registered
broker-dealer, the salesperson and the issuer or broker-dealer
shall promptly notify the director. When an investment
adviser representative registered under this chapter begins or
terminates employment or association with an investment
adviser registered under this chapter or a federal covered
adviser required to make a notice filing pursuant to RCW
21.20.050, the investment adviser representative and investment adviser or federal covered adviser shall promptly notify
the director.
Notwithstanding any provision of law to the contrary,
the director may, from time to time, extend the duration of a
licensing period for the purpose of staggering renewal periods. Such extension of a licensing period shall be by rule
adopted in accordance with the provisions of chapter 34.05
RCW. Such rules may provide a method for imposing and
collecting such additional proportional fee as may be
required for the extended period. [1998 c 15 § 7; 1994 c 256
§ 8; 1981 c 272 § 3; 1979 ex.s. c 68 § 5; 1975 1st ex.s. c 84 §
5; 1959 c 282 § 8.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.090
21.20.090 Renewal of registration—Financial
reports—Application for a successor. Registration of a
broker-dealer, salesperson, investment adviser representative, or investment adviser may be renewed by filing with the
director or his or her authorized agent prior to the expiration
thereof an application containing such information as the
director may require to indicate any material change in the
information contained in the original application or any
renewal application for registration as a broker-dealer, salesperson, investment adviser representative, or investment
adviser filed with the director or his or her authorized agent
by the applicant, payment of the prescribed fee, and, in the
(2004 Ed.)
Securities Act of Washington
case of a broker-dealer or investment adviser such financial
reports as the director may prescribe by rule or otherwise.
The reporting requirements so prescribed for a broker-dealer
may not exceed the limitations provided in section 15 of the
Securities Exchange Act of 1934. A registered broker-dealer
or investment adviser may file an application for registration
of a successor, and the director may at his or her discretion
grant or deny the application. [1998 c 15 § 8; 1995 c 46 § 2;
1994 c 256 § 9; 1981 c 272 § 4; 1979 ex.s. c 68 § 6; 1975 1st
ex.s. c 84 § 6; 1961 c 37 § 3; 1959 c 282 § 9.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.100
21.20.100 Accounts, correspondence, memoranda,
papers, books, and other records—Release of information—Correction of filed document—Examination. (1)
Every registered broker-dealer and investment adviser shall
make and keep such accounts, correspondence, memoranda,
papers, books, and other records, except with respect to securities exempt under RCW 21.20.310(1), which books and
other records shall be prescribed by the director by rule or
otherwise. The recordmaking and recordkeeping requirements prescribed for a broker-dealer shall not exceed the limitations provided in section 15 of the Securities Exchange Act
of 1934. The recordmaking and recordkeeping requirements
prescribed for a registered investment adviser shall not
exceed the limitations provided in section 222 of the Investment Advisers Act of 1940. All records required to be made
and kept by a registered investment adviser shall be preserved for such a period as the director prescribes by rule or
otherwise.
(2) With respect to investment advisers, the director may
require that certain information be furnished or disseminated
as necessary or appropriate in the public interest or for the
protection of investors and advisory clients.
(3) If the information contained in any document filed
with the director is or becomes inaccurate or incomplete in
any material respect, the registrant shall promptly file a correcting amendment unless notification of the correction has
been given under RCW 21.20.090.
(4) All the records of a registered broker-dealer or
investment adviser are subject at any time or from time to
time to such reasonable periodic, special or other examinations by representatives of the director, within or without this
state, as the director deems necessary or appropriate in the
public interest or for the protection of investors. [1998 c 15 §
9; 1959 c 282 § 10.]
Examination reports and information from financial institutions exempt:
RCW 42.17.31911.
21.20.110
21.20.110 Director may deny, suspend, revoke,
restrict, condition, or limit any application or registration—Director may censure or fine registrant—
Grounds—Procedures—Costs—Accounting. (1) The
director may by order deny, suspend, revoke, restrict, condition, or limit any application or registration of any brokerdealer, salesperson, investment adviser representative, or
investment adviser; or censure or fine the registrant or an
officer, director, partner, or person performing similar functions for a registrant; if the director finds that the order is in
the public interest and that the applicant or registrant or, in
(2004 Ed.)
21.20.110
the case of a broker-dealer or investment adviser, any partner,
officer, director, or person performing similar functions:
(a) Has filed an application for registration under this
section which, as of its effective date, or as of any date after
filing in the case of an order denying effectiveness, was
incomplete in any material respect or contained any statement which was, in the light of the circumstances under
which it was made, false, or misleading with respect to any
material fact;
(b) Has willfully violated or willfully failed to comply
with any provision of this chapter or a predecessor act or any
rule or order under this chapter or a predecessor act, or any
provision of chapter 21.30 RCW or any rule or order thereunder;
(c) Has been convicted, within the past ten years, of any
misdemeanor involving a security, or a commodity contract
or commodity option as defined in RCW 21.30.010, or any
aspect of the securities, commodities, business investments,
franchises, business opportunities, insurance, banking, or
finance business, or any felony involving moral turpitude;
(d) Is permanently or temporarily enjoined or restrained
by any court of competent jurisdiction in an action brought by
the director, a state, or a federal government agency from
engaging in or continuing any conduct or practice involving
any aspect of the securities, commodities, business investments, franchises, business opportunities, insurance, banking, or finance business;
(e) Is the subject of an order entered after notice and
opportunity for hearing:
(i) By the securities administrator of a state or by the
Securities and Exchange Commission denying, revoking,
barring, or suspending registration as a broker-dealer, salesperson, investment adviser, or investment adviser representative;
(ii) By the securities administrator of a state or by the
Securities and Exchange Commission against a brokerdealer, salesperson, investment adviser, or an investment
adviser representative;
(iii) By the Securities and Exchange Commission or selfregulatory organization suspending or expelling the registrant from membership in a self-regulatory organization; or
(iv) By a court adjudicating a United States Postal Service fraud;
The director may not commence a revocation or suspension proceeding more than one year after the date of the order
relied on. The director may not enter an order on the basis of
an order under another state securities act unless that order
was based on facts that would constitute a ground for an order
under this section;
(f) Is the subject of an order, adjudication, or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodities Futures
Trading Commission, the Federal Trade Commission, or a
securities or insurance regulator of any state that the person
has violated the Securities Act of 1933, the Securities
Exchange Act of 1934, the Investment Advisers Act of 1940,
the Investment Company Act of 1940, the Commodities
Exchange Act, the securities, insurance, or commodities law
of any state, or a federal or state law under which a business
involving investments, franchises, business opportunities,
insurance, banking, or finance is regulated;
[Title 21 RCW—page 7]
21.20.110
Title 21 RCW: Securities and Investments
(g) Has engaged in dishonest or unethical practices in the
securities or commodities business;
(h) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she cannot meet his or her obligations as they mature; but the director may not enter an order against an applicant or registrant
under this subsection (1)(h) without a finding of insolvency
as to the applicant or registrant;
(i) Has not complied with a condition imposed by the
director under RCW 21.20.100, or is not qualified on the
basis of such factors as training, experience, or knowledge of
the securities business, except as otherwise provided in subsection (2) of this section;
(j) Has failed to supervise reasonably a salesperson or an
investment adviser representative, or employee, if the salesperson, investment adviser representative, or employee was
subject to the person's supervision and committed a violation
of this chapter or a rule adopted or order issued under this
chapter. For the purposes of this subsection, no person fails
to supervise reasonably another person, if:
(i) There are established procedures, and a system for
applying those procedures, that would reasonably be
expected to prevent and detect, insofar as practicable, any
violation by another person of this chapter, or a rule or order
under this chapter; and
(ii) The supervising person has reasonably discharged
the duties and obligations required by these procedures and
system without reasonable cause to believe that another person was violating this chapter or rules or orders under this
chapter;
(k) Has failed to pay the proper filing fee within thirty
days after being notified by the director of a deficiency, but
the director shall vacate an order under this subsection (1)(k)
when the deficiency is corrected;
(l) Within the past ten years has been found, after notice
and opportunity for a hearing to have:
(i) Violated the law of a foreign jurisdiction governing or
regulating the business of securities, commodities, insurance,
or banking;
(ii) Been the subject of an order of a securities regulator
of a foreign jurisdiction denying, revoking, or suspending the
right to engage in the business of securities as a brokerdealer, agent, investment adviser, or investment adviser representative; or
(iii) Been suspended or expelled from membership by a
securities exchange or securities association operating under
the authority of the securities regulator of a foreign jurisdiction;
(m) Is the subject of a cease and desist order issued by
the Securities and Exchange Commission or issued under the
securities or commodities laws of a state; or
(n) Refuses to allow or otherwise impedes the director
from conducting an audit, examination, or inspection, or
refuses access to any branch office or business location to
conduct an audit, examination, or inspection.
(2) The director, by rule or order, may require that an
examination, including an examination developed or
approved by an organization of securities administrators, be
taken by any class of or all applicants. The director, by rule
or order, may waive the examination as to a person or class of
persons if the administrator determines that the examination
[Title 21 RCW—page 8]
is not necessary or appropriate in the public interest or for the
protection of investors.
(3) The director may issue a summary order pending
final determination of a proceeding under this section upon a
finding that it is in the public interest and necessary or appropriate for the protection of investors.
(4) The director may not impose a fine under this section
except after notice and opportunity for hearing. The fine
imposed under this section may not exceed ten thousand dollars for each act or omission that constitutes the basis for issuing the order. If a petition for judicial review has not been
timely filed under RCW 34.05.542(2), a certified copy of the
director's order requiring payment of the fine may be filed in
the office of the clerk of the superior court in any county of
this state. The clerk shall treat the order of the director in the
same manner as a judgment of the superior court. The director's order so filed has the same effect as a judgment of the
superior court and may be recorded, enforced, or satisfied in
like manner.
(5) Withdrawal from registration as a broker-dealer,
salesperson, investment adviser, or investment adviser representative becomes effective thirty days after receipt of an
application to withdraw or within such shorter period as the
administrator determines, unless a revocation or suspension
proceeding is pending when the application is filed. If a proceeding is pending, withdrawal becomes effective upon such
conditions as the director, by order, determines. If no proceeding is pending or commenced and withdrawal automatically becomes effective, the administrator may nevertheless
commence a revocation or suspension proceeding under subsection (1)(b) of this section within one year after withdrawal
became effective and enter a revocation or suspension order
as of the last date on which registration was effective.
(6) A person who, directly or indirectly, controls a person not in compliance with any part of this section may also
be sanctioned to the same extent as the noncomplying person,
unless the controlling person acted in good faith and did not
directly or indirectly induce the conduct constituting the violation or cause of action.
(7) In any action under subsection (1) of this section, the
director may charge the costs, fees, and other expenses
incurred by the director in the conduct of any administrative
investigation, hearing, or court proceeding against any person
found to be in violation of any provision of this section or any
rule or order adopted under this section.
(8) In any action under subsection (1) of this section, the
director may enter an order requiring an accounting, restitution, and disgorgement, including interest at the legal rate
under *RCW 4.56.110(3). The director may by rule or order
provide for payments to investors, rates of interest, periods of
accrual, and other matters the director deems appropriate to
implement this subsection.
(9) The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the director's
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
(2004 Ed.)
Securities Act of Washington
21.20.180
the order. [2003 c 288 § 4; 2002 c 65 § 4; 1998 c 15 § 10;
1997 c 58 § 856; 1994 c 256 § 10; 1993 c 470 § 3; 1986 c 14
§ 45; 1979 ex.s. c 68 § 7; 1975 1st ex.s. c 84 § 7; 1965 c 17 §
2; 1959 c 282 § 11.]
arose. [1979 ex.s. c 68 § 10; 1974 ex.s. c 77 § 3; 1961 c 37 §
10.]
*Reviser's note: RCW 4.56.110 was amended by 2004 c 185 § 2,
changing subsection (3) to subsection (4).
REGISTRATION OF SECURITIES
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—Effective date—1986 c 14: See RCW 21.30.900 and
21.30.901.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
21.20.140
21.20.140 Unlawful to offer or sell unregistered securities—Exceptions. It is unlawful for any person to offer or
sell any security in this state unless: (1) The security is registered by coordination or qualification under this chapter; (2)
the security or transaction is exempted under RCW 21.20.310
or 21.20.320; or (3) the security is a federal covered security,
and, if required, the filing is made and a fee is paid in accordance with RCW 21.20.327. [1998 c 15 § 11; 1975 1st ex.s.
c 84 § 10; 1959 c 282 § 14.]
21.20.120
21.20.120 Denial, suspension, revocation of registration—Order—Request for, notice of hearing—Findings
and conclusions. Upon the entry of an order under RCW
21.20.110, the director shall promptly notify the applicant or
registrant, as well as the employer or prospective employer if
the applicant or registrant is a salesperson or investment
adviser representative, that it has been entered and of the reasons therefor and that if requested by the applicant or registrant within fifteen days after the receipt of the director's notification the matter will be promptly set down for hearing. If
no hearing is requested and none is ordered by the director,
the order will remain in effect until it is modified or vacated
by the director. If a hearing is requested or ordered, the director, after notice of and opportunity for hearing, may modify
or vacate the order or extend it until final determination. No
order may be entered under RCW 21.20.110 denying or
revoking registration without appropriate prior notice to the
applicant or registrant (as well as the employer or prospective
employer if the applicant or registrant is a salesperson or an
investment adviser representative), opportunity for hearing,
and written findings of fact and conclusions of law. [1994 c
256 § 11; 1979 ex.s. c 68 § 8; 1975 1st ex.s. c 84 § 8; 1959 c
282 § 12.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.130
21.20.130 Cancellation of registration or application—Grounds. If the director finds that any registrant or
applicant for registration is no longer in existence or has
ceased to do business as a broker-dealer, investment adviser,
investment adviser representative, or salesperson, or is subject to an adjudication of mental incompetence or to the control of a committee, conservator, or guardian, or cannot be
located after reasonable search, the director may by order
cancel the registration or application. [1994 c 256 § 12; 1979
ex.s. c 68 § 9; 1975 1st ex.s. c 84 § 9; 1959 c 282 § 13.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.135
21.20.135 License as salesperson or broker-dealer
prerequisite to suit for commission. No suit or action shall
be brought for the collection of a commission for the sale of
a security, as defined within this chapter without alleging and
proving that the plaintiff was a duly licensed salesperson for
an issuer or a broker-dealer, or exempt under the provisions
of RCW 21.20.040, or a duly licensed broker-dealer in this
state or another state at the time the alleged cause of action
(2004 Ed.)
REGISTRATION BY COORDINATION
21.20.180
21.20.180 Registration by coordination—Requirements—Statement, contents. Any security for which a registration statement has been filed under the securities act of
1933 or any securities for which filings have been made pursuant to regulation A pursuant to subsection (b) of Sec. 3 of
the securities act in connection with the same offering may be
registered by coordination. A registration statement under
this section shall contain the following information and be
accompanied by the following documents, in addition to payment of the registration fee prescribed in RCW 21.20.340
and, if required under RCW 21.20.330, a consent to service
of process meeting the requirements of that section:
(1) One copy of the prospectus, offering circular and/or
letters of notification, filed under the securities act of 1933
together with all amendments thereto;
(2) The amount of securities to be offered in this state;
(3) The states in which a registration statement or similar
document in connection with the offering has been or is
expected to be filed;
(4) Any adverse order, judgment or decree previously
entered in connection with the offering by any court or the
securities and exchange commission;
(5) If the director, by rule or otherwise, requires a copy
of the articles of incorporation and bylaws (or their substantial equivalents) currently in effect, a copy of any agreements
with or among underwriters, a copy of any indenture or other
instrument governing the issuance of the security to be registered, and a specimen or copy of the security;
(6) If the director requests, any other information, or
copies of any other documents, filed under the securities act
of 1933;
(7) An undertaking to forward promptly all amendments
to the federal registration statement, offering circular and/or
letters of notification, other than an amendment which merely
delays the effective date; and
(8) If the aggregate sales price of the offering exceeds
one million dollars, audited financial statements and other
financial information prepared as to form and content under
rules adopted by the director. [1994 c 256 § 13; 1979 ex.s. c
68 § 11; 1961 c 37 § 4; 1959 c 282 § 18.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
[Title 21 RCW—page 9]
21.20.190
Title 21 RCW: Securities and Investments
21.20.190
21.20.190 Time of taking effect of registration statement by coordination—Conditions—"Price amendment", notification. A registration statement by coordination under RCW 21.20.180 automatically becomes effective
at the moment the federal registration statement or other filing becomes effective if all the following conditions are satisfied:
(1) No stop order is in effect and no proceeding is pending under RCW 21.20.280 and 21.20.300;
(2) The registration statement has been on file with the
director for at least ten full business days; and
(3) A statement of the maximum and minimum proposed
offering prices and the maximum underwriting discounts and
commissions has been on file for two full business days or
such shorter period as the director permits by rule or otherwise and the offering is made within those limitations. The
registrant shall promptly notify the director or such person as
the director may by rule or order designate by facsimile, electronic transmission, or telegram of the date and time when the
federal registration statement or other filing became effective
and the content of the price amendment, if any, and shall
promptly file a post-effective amendment containing the
information and documents in the price amendment. "Price
amendment" means the final federal amendment which
includes a statement of the offering price, underwriting and
selling discounts or commissions, amount of proceeds, conversion rates, call prices, and other matters dependent upon
the offering price. [1994 c 256 § 14; 1961 c 37 § 5; 1959 c
282 § 19.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.200
21.20.200 Failure to notify of price amendment,
proof of compliance—Stop order—Waiver of certain
conditions. Upon failure to receive the required notification
and post-effective amendment with respect to the price
amendment referred to in RCW 21.20.190, the director may
enter a stop order, without notice of hearing, retroactively
denying effectiveness to the registration statement or suspending its effectiveness until compliance with RCW
21.20.190, if the director promptly notified the registrant by
telephone, facsimile, or electronic transmission (and
promptly confirms by letter or facsimile when the director
notifies by telephone) of the issuance of the order. If the registrant proves compliance with the requirements as to notice
and post-effective amendment, the stop order is void as of the
time of its entry. The director may by rule or otherwise waive
either or both of the conditions specified in RCW 21.20.190
(2) and (3). If the federal registration statement or other filing
becomes effective before all these conditions are satisfied
and they are not waived, the registration statement automatically becomes effective as soon as all the conditions are satisfied. If the registrant advises the director of the date when
the federal registration statement or other filing is expected to
become effective the director shall promptly advise the registrant by telephone, electronic transmission, or facsimile, at
the registrant's expense, whether all the conditions are satisfied and whether the director then contemplates the institution of a proceeding under RCW 21.20.280 and 21.20.300;
but this advice by the director does not preclude the institution of such a proceeding at any time. [1994 c 256 § 15; 1979
ex.s. c 68 § 12; 1959 c 282 § 20.]
[Title 21 RCW—page 10]
Findings—Construction—1994 c 256: See RCW 43.320.007.
REGISTRATION BY QUALIFICATION
21.20.210
21.20.210 Registration by qualification—Statements—Requirements—Audits. Any security may be registered by qualification. A registration statement under this
section shall contain the following information and be
accompanied by the following documents, in addition to payment of the registration fee prescribed in RCW 21.20.340,
and, if required under RCW 21.20.330, a consent to service
of process meeting the requirements of that section:
(1) With respect to the issuer and any significant subsidiary: Its name, address, and form of organization; the state or
foreign jurisdiction and date of its organization; the general
character and location of its business; and a description of its
physical properties and equipment.
(2) With respect to every director and officer of the
issuer, or person occupying a similar status or performing
similar functions: His or her name, address, and principal
occupation for the past five years; the amount of securities of
the issuer held by him or her as of a specified date within
ninety days of the filing of the registration statement; the
remuneration paid to all such persons in the aggregate during
the past twelve months, and estimated to be paid during the
next twelve months, directly or indirectly, by the issuer
(together with all predecessors, parents and subsidiaries).
(3) With respect to any person not named in RCW
21.20.210(2), owning of record, or beneficially if known, ten
percent or more of the outstanding shares of any class of
equity security of the issuer: The information specified in
RCW 21.20.210(2) other than his or her occupation.
(4) With respect to every promoter, not named in RCW
21.20.210(2), if the issuer was organized within the past three
years: The information specified in RCW 21.20.210(2), any
amount paid to that person by the issuer within that period or
intended to be paid to that person, and the consideration for
any such payment.
(5) The capitalization and long-term debt (on both a current and a pro forma basis) of the issuer and any significant
subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement
of the amount and kind of consideration (whether in the form
of cash, physical assets, services, patents, goodwill, or anything else) for which the issuer or any subsidiary has issued
any of its securities within the past two years or is obligated
to issue any of its securities.
(6) The kind and amount of securities to be offered; the
amount to be offered in this state; the proposed offering price
and any variation therefrom at which any portion of the offering is to be made to any persons except as underwriting and
selling discounts and commissions; the estimated aggregate
underwriting and selling discounts or commissions and finders' fees (including separately cash, securities, or anything
else of value to accrue to the underwriters in connection with
the offering); the estimated amounts of other selling
expenses, and legal, engineering, and accounting expenses to
be incurred by the issuer in connection with the offering; the
name and address of every underwriter and every recipient of
a finders' fee; a copy of any underwriting or selling group
agreement pursuant to which the distribution is to be made, or
(2004 Ed.)
Securities Act of Washington
the proposed form of any such agreement whose terms have
not yet been determined; and a description of the plan of distribution of any securities which are to be offered otherwise
than through an underwriter.
(7) The estimated cash proceeds to be received by the
issuer from the offering; the purposes for which the proceeds
are to be used by the issuer; the amount to be used for each
purpose; the order or priority in which the proceeds will be
used for the purposes stated; the amounts of any funds to be
raised from other sources to achieve the purposes stated, and
the sources of any such funds; and, if any part of the proceeds
is to be used to acquire any property (including goodwill)
otherwise than in the ordinary course of business, the names
and addresses of the vendors and the purchase price.
(8) A description of any stock options or other security
options outstanding, or to be created in connection with the
offering, together with the amount of any such options held
or to be held by every person required to be named in RCW
21.20.210 (2), (3), (4), (5) or (7) and by any person who holds
or will hold ten percent or more in the aggregate of any such
options.
(9) The states in which a registration statement or similar
document in connection with the offering has been or is
expected to be filed.
(10) Any adverse order, judgment, or decree previously
entered in connection with the offering by any court or the
securities and exchange commission; a description of any
pending litigation or proceeding to which the issuer is a party
and which materially affects its business or assets (including
any such litigation or proceeding known to be contemplated
by governmental authorities).
(11) A copy of any prospectus or circular intended as of
the effective date to be used in connection with the offering.
(12) A specimen or copy of the security being registered;
a copy of the issuer's articles of incorporation and bylaws, as
currently in effect; and a copy of any indenture or other
instrument covering the security to be registered.
(13) A signed or conformed copy of an opinion of counsel, if available, as to the legality of the security being registered.
(14)(a) The following financial statements:
(i)(A) Balance sheets as of the end of each of the three
most recent fiscal years; and, if the date of the most recent fiscal year end is more than four months prior to the date of filing, (B) a balance sheet of the issuer as of a date within four
months prior to the filing of the registration statement.
(ii)(A) Statements of income, shareholders' equity, and
cash flows for each of the three fiscal years preceding the
date of the latest balance sheet or for the period of the issuer's
and any predecessor's existence if less than three years and
(B) statements of income, shareholders' equity, and cash
flows for any period between the close of the last fiscal year
and the date of the latest balance sheet.
(iii) If any part of the proceeds of the offering is to be
applied to the purchase of any business whose annual sales or
revenues are in excess of fifteen percent of the registrant's
sales or revenues or involves acquisition of assets in excess of
fifteen percent of the registrant's assets, except as specifically
exempted by the director, financial statements shall be filed
which would be required if that business were the registrant.
(2004 Ed.)
21.20.220
(b)(i) If the estimated proceeds to be received from the
offering, together with the proceeds from securities registered under this section during the year preceding the date of
the filing of this registration statement, exceed one million
dollars, the balance sheet specified in (a)(i)(A) of this subsection as of the end of the last fiscal year and the related financial statements specified in (a)(ii)(A) of this subsection for
the last fiscal year shall be audited.
(ii) If such proceeds exceed one million dollars but are
not more than five million dollars, the balance sheet specified
in (a)(i)(A) of this subsection as of the end of the most recent
fiscal year and the financial statements specified in (a)(ii)(A)
of this subsection for the last fiscal year shall be audited.
(iii) If such proceeds exceed five million dollars but are
not more than twenty-five million dollars, the balance sheets
specified in (a)(i)(A) of this subsection as of the end of the
last two fiscal years and the related financial statements specified in (a)(ii)(A) of this subsection for the last two fiscal
years shall be audited.
(iv) If such proceeds exceed twenty-five million dollars,
the balance sheets specified in (a)(i)(A) of this subsection and
the related financial statements specified in (a)(ii)(A) of this
subsection for the last three fiscal years shall be audited.
(c) The financial statements of this subsection and such
other financial information as may be prescribed by the director shall be prepared as to form and content in accordance
with generally accepted accounting principles and with the
rules prescribed by the director, and when applicable, shall be
audited by an independent certified public accountant who is
registered and in good standing as a certified public accountant under the laws of the place of his or her residence or principal office and who is not an employee, officer, or member
of the board of directors of the issuer or a holder of the securities of the issuer. An audit report of such independent certified public accountant shall be based upon an audit made in
accordance with generally accepted auditing standards. The
audit report shall have no limitations on its scope unless
expressly authorized in writing by the director. The director
may also verify such statements by examining the issuer's
books and records.
(15) The written consent of any accountant, engineer,
appraiser, attorney, or any person whose profession gives
authority to a statement made by him or her, who is named as
having prepared or audited any part of the registration statement or is named as having prepared or audited a report or
valuation for use in connection with the registration statement. [1994 c 256 § 16; 1979 ex.s. c 68 § 13; 1973 1st ex.s.
c 171 § 1; 1959 c 282 § 21.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.220
21.20.220 Information not required when nonissuer
distribution. In the case of a nonissuer distribution, information may not be required under RCW 21.20.210 unless it
is known to the person filing the registration statement or to
the persons on whose behalf the distribution is to be made, or
can be furnished by them without unreasonable effort or
expense. [1959 c 282 § 22.]
[Title 21 RCW—page 11]
21.20.230
Title 21 RCW: Securities and Investments
21.20.230 Time of taking effect of registration statement by qualification—Conditions. A registration statement by qualification under RCW 21.20.210 becomes effective if no stop order is in effect and no proceeding is pending
under RCW 21.20.280 and 21.20.300, at three o'clock Pacific
standard time in the afternoon of the fifteenth full business
day after the filing of the registration statement or the last
amendment, or at such earlier time as the director determines.
The director may require as a condition of registration under
this section that a prospectus containing any information necessary for complete disclosure of any material fact relating to
the security offering be sent or given to each person to whom
an offer is made before or concurrently with (1) the first written offer made to him or her (other than by means of a public
advertisement) by or for the account of the issuer or any other
person on whose behalf the offering is being made, or by any
underwriter or broker-dealer who is offering part of an unsold
allotment or subscription taken by him or her as a participant
in the distribution, (2) the confirmation of any sale made by
or for the account of any such person, (3) payment pursuant
to any such sale, or (4) delivery of the security pursuant to
any such sale, whichever first occurs; but the director may
accept for use under any such requirement a current prospectus or offering circular regarding the same securities filed
under the Securities Act of 1933 or regulations thereunder.
[1979 ex.s. c 68 § 14; 1975 1st ex.s. c 84 § 11; 1974 ex.s. c 77
§ 4; 1961 c 37 § 6; 1959 c 282 § 23.]
21.20.230
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
GENERAL PROVISIONS REGARDING REGISTRATION
OF SECURITIES
21.20.240 Registration statements—Generally. A
registration statement may be filed by the issuer, any other
person on whose behalf the offering is to be made, or a registered broker-dealer. The director may by rule or otherwise
permit the omission of any item of information or document
from any registration statement. [1975 1st ex.s. c 84 § 12;
1959 c 282 § 24.]
21.20.240
21.20.250 Registration by qualification or coordination—Escrow—Impounding proceeds. The director may
by rule or order require as a condition of registration by qualification or coordination (1) that any security issued within
the past three years or to be issued to a promoter for a consideration substantially different from the public offering price,
or to any person for a consideration other than cash, be deposited in escrow; and (2) that the proceeds from the sale of the
registered security in this state be impounded until the issuer
receives a specified amount from the sale of the security
either in this state or elsewhere. The director may by rule or
order determine the conditions of any escrow or impounding
required hereunder but the director may not reject a depository solely because of location in another state. [1979 ex.s. c
68 § 15; 1959 c 282 § 25.]
21.20.250
21.20.260 Registration by coordination or qualification—Offer and sale—Duration of effectiveness. When
securities are registered by coordination or qualification, they
may be offered and sold by the issuer, any other person on
whose behalf they are registered or by any registered broker21.20.260
[Title 21 RCW—page 12]
dealer or any person acting within the exemption provided in
RCW 21.20.040. Every registration shall remain effective
until its expiration date or until revoked by the director or
until terminated upon request of the registrant with the consent of the director. All outstanding securities of the same
class as a registered security are considered to be registered
for the purpose of any nonissuer transaction. [1975 1st ex.s.
c 84 § 13; 1974 ex.s. c 77 § 5; 1959 c 282 § 26.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
21.20.270
21.20.270 Reports by filer of statement—Annual
financial statements. (1) The director may require the person who filed the registration statement to file reports, not
more often than quarterly to keep reasonably current the
information contained in the registration statement and to disclose the progress of the offering with respect to registered
securities which (a) are issued by a face-amount certificate
company or a redeemable security issued by an open-end
management company or unit investment trust as those terms
are defined in the investment company act of 1940, or (b) are
being offered and sold directly by or for the account of the
issuer.
(2) During the period of public offering of securities registered under the provisions of this chapter by qualification
financial data or statements corresponding to those required
under the provisions of RCW 21.20.210 and to the issuer's
fiscal year shall be filed with the director annually, not more
than one hundred twenty days after the end of each such year.
Such statements at the discretion of the director or administrator shall be certified by a certified public accountant who
is not an employee of the issuer, and the director may verify
them by examining the issuer's books and records. The certificate of such independent certified public accountant shall be
based upon an audit of not less in scope or procedures followed than that which independent public accountants would
ordinarily make for the purpose of presenting comprehensive
and dependable financial statements, and shall contain such
information as the director may prescribe, by rules in the public interest or for the protection of investors, as to the nature
and scope of the audit and the findings and opinions of the
accountants. Each such report shall state that such independent certified public accountant has verified securities
owned, either by actual examination, or by receipt of a certificate from the custodian, as the director may prescribe by
rules. [1995 c 46 § 3; 1975 1st ex.s. c 84 § 14; 1965 c 17 § 3;
1961 c 37 § 7; 1959 c 282 § 27.]
21.20.275
21.20.275 Pending registration—Notice of termination—Application for continuation. The director may in
his or her discretion send notice to the registrant in any pending registration in which no action has been taken for nine
months immediately prior to the sending of such notice,
advising such registrant that the pending registration will be
terminated thirty days from the date of sending unless on or
before the termination date the registrant makes application
in writing to the director showing good cause why it should
be continued as a pending registration. If such application is
not made or good cause shown, the director shall terminate
the pending registration. [1994 c 256 § 17; 1979 ex.s. c 68 §
16; 1974 ex.s. c 77 § 12.]
(2004 Ed.)
Securities Act of Washington
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
DENIAL, SUSPENSION AND REVOCATION OF
REGISTRATION OF SECURITIES
21.20.280
21.20.280 Stop orders—Grounds. The director may
issue a stop order denying effectiveness to, or suspending or
revoking the effectiveness of, any registration statement if the
director finds that the order is in the public interest and that:
(1) The registration statement as of its effective date or
as of any earlier date in the case of an order denying effectiveness, is incomplete in any material respect or contains any
statement which was, in the light of the circumstances under
which it was made, false or misleading with respect to any
material fact;
(2) Any provision of this chapter or any rule, order, or
condition lawfully imposed under this chapter has been wilfully violated, in connection with the offering by (a) the person filing the registration statement, (b) the issuer, any partner, officer, or director of the issuer, any person occupying a
similar status or performing similar functions, or any person
directly or indirectly controlling or controlled by the issuer,
but only if the person filing the registration statement is
directly or indirectly controlled by or acting for the issuer, or
(c) any underwriter;
(3) The security registered or sought to be registered is
the subject of a permanent or temporary injunction of any
court of competent jurisdiction entered under any other federal or state act applicable to the offering; but (a) the director
may not institute a proceeding against an effective registration statement under this clause more than one year from the
date of the injunction relied on, and (b) the director may not
enter an order under this clause on the basis of an injunction
entered under any other state act unless that order or injunction was based on facts which would currently constitute a
ground for a stop order under this section;
(4) The issuer's enterprise or method of business
includes or would include activities which are illegal where
performed;
(5) The offering has worked or tended to work a fraud
upon purchasers or would so operate;
(6) When a security is sought to be registered by coordination, there has been a failure to comply with the undertaking required by RCW 21.20.180(7), or
(7) The applicant or registrant has failed to pay the
proper registration fee; but the director may enter only a
denial order under this subsection and shall vacate any such
order when the deficiency has been corrected;
(8) The offering has been or would be made with unreasonable amounts of underwriters' and sellers' discounts, commissions, or compensation or promoters' profits or participation, or unreasonable amounts or kinds of options. [1979
ex.s. c 68 § 17; 1975 1st ex.s. c 84 § 15; 1959 c 282 § 28.]
21.20.290
21.20.290 Stop order prohibited if facts known on
effective date of statement. The director may not enter a
stop order against an effective registration statement on the
basis of a fact or transaction known to the director when the
registration statement became effective. [1979 ex.s. c 68 §
18; 1959 c 282 § 29.]
(2004 Ed.)
21.20.310
21.20.300
21.20.300 Notification of entry of stop order—Hearing—Findings, conclusions, modification, etc. Upon the
entry of a stop order under any part of RCW 21.20.280, the
director shall promptly notify the issuer of the securities and
the applicant or registrant that the order has been entered and
of the reasons therefor and that within fifteen days after the
receipt of a written request the matter will be set down for
hearing. If no hearing is requested within fifteen days and
none is ordered by the director, the director shall enter written
findings of fact and conclusions of law and the order will
remain in effect until it is modified or vacated by the director.
If a hearing is requested or ordered, the director, after notice
of and opportunity for hearings to the issuer and to the applicant or registrant, shall enter written findings of fact and conclusions of law and may modify or vacate the order. The
director may modify or vacate a stop order if the director
finds that the conditions which prompted its entry have
changed or that it is otherwise in the public interest to do so.
[1979 ex.s. c 68 § 19; 1959 c 282 § 30.]
EXEMPT SECURITIES
21.20.310
21.20.310 Securities exempt from registration. RCW
21.20.140 through 21.20.300, inclusive, and 21.20.327 do not
apply to any of the following securities:
(1) Any security (including a revenue obligation) issued
or guaranteed by the United States, any state, any political
subdivision of a state, or any agency or corporate or other
instrumentality of one or more of the foregoing; or any certificate of deposit for any of the foregoing; but this exemption
does not include any security payable solely from revenues to
be received from a nongovernmental industrial or commercial enterprise unless such payments are made or unconditionally guaranteed by a person whose securities are exempt
from registration by subsection (7) or (8) of this section:
PROVIDED, That the director, by rule or order, may exempt
any security payable solely from revenues to be received
from a nongovernmental industrial or commercial enterprise
if the director finds that registration with respect to such securities is not necessary in the public interest and for the protection of investors.
(2) Any security issued or guaranteed by Canada, any
Canadian province, any political subdivision of any such
province, any agency or corporate or other instrumentality of
one or more of the foregoing, or any other foreign government with which the United States currently maintains diplomatic relations, if the security is recognized as a valid obligation by the issuer or guarantor; but this exemption does not
include any security payable solely from revenues to be
received from a nongovernmental industrial or commercial
enterprise unless such payments shall be made or unconditionally guaranteed by a person whose securities are exempt
from registration by subsection (7) or (8) of this section.
(3) Any security issued by and representing an interest in
or a debt of, or guaranteed by, any bank organized under the
laws of the United States, or any bank or trust company organized or supervised under the laws of any state.
(4) Any security issued by and representing an interest in
or a debt of, or guaranteed by, any federal savings and loan
association, or any building and loan or similar association
[Title 21 RCW—page 13]
21.20.320
Title 21 RCW: Securities and Investments
organized under the laws of any state and authorized to do
business in this state.
(5) Any security issued by and representing an interest in
or a debt of, or insured or guaranteed by, any insurance company authorized to do business in this state.
(6) Any security issued or guaranteed by any federal
credit union or any credit union, industrial loan association,
or similar association organized and supervised under the
laws of this state.
(7) Any security issued or guaranteed by any railroad,
other common carrier, public utility, or holding company
which is (a) a registered holding company under the public
utility holding company act of 1935 or a subsidiary of such a
company within the meaning of that act; (b) regulated in
respect of its rates and charges by a governmental authority
of the United States or any state or municipality; or (c) regulated in respect of the issuance or guarantee of the security by
a governmental authority of the United States, any state, Canada, or any Canadian province; and equipment trust certificates in respect of equipment conditionally sold or leased to a
railroad or public utility, if other securities issued by such
railroad or public utility would be exempt under this subsection.
(8) Any security which meets the criteria for investment
grade securities that the director may adopt by rule.
(9) Any prime quality negotiable commercial paper not
intended to be marketed to the general public and not advertised for sale to the general public that is of a type eligible for
discounting by federal reserve banks, that arises out of a current transaction or the proceeds of which have been or are to
be used for a current transaction, and that evidences an obligation to pay cash within nine months of the date of issuance,
exclusive of days of grace, or any renewal of such paper
which is likewise limited, or any guarantee of such paper or
of any such renewal.
(10) Any security issued in connection with an
employee's stock purchase, savings, pension, profit-sharing,
or similar benefit plan if: (a) The plan meets the requirements for qualification as a pension, profit sharing, or stock
bonus plan under section 401 of the internal revenue code, as
an incentive stock option plan under section 422 of the internal revenue code, as a nonqualified incentive stock option
plan adopted with or as a supplement to an incentive stock
option plan under section 422 of the internal revenue code, or
as an employee stock purchase plan under section 423 of the
internal revenue code; or (b) the director is notified in writing
with a copy of the plan thirty days before offering the plan to
employees in this state. In the event of late filing of notification the director may upon application, for good cause excuse
such late filing if he or she finds it in the public interest to
grant such relief.
(11) Any security issued by any person organized and
operated as a nonprofit organization as defined in RCW
84.36.800(4) exclusively for religious, educational, fraternal,
or charitable purposes and which nonprofit organization also
possesses a current tax exempt status under the laws of the
United States, which security is offered or sold only to persons who, prior to their solicitation for the purchase of said
securities, were members of, contributors to, or listed as participants in, the organization, or their relatives, if such nonprofit organization first files a notice specifying the terms of
[Title 21 RCW—page 14]
the offering and the director does not by order disallow the
exemption within the next ten full business days: PROVIDED, That no offerings may be made until expiration of
the ten full business days. Every such nonprofit organization
which files a notice of exemption of such securities shall pay
a filing fee as set forth in RCW 21.20.340(11) as now or hereafter amended.
The notice shall consist of the following:
(a) The name and address of the issuer;
(b) The names, addresses, and telephone numbers of the
current officers and directors of the issuer;
(c) A short description of the security, price per security,
and the number of securities to be offered;
(d) A statement of the nature and purposes of the organization as a basis for the exemption under this section;
(e) A statement of the proposed use of the proceeds of
the sale of the security; and
(f) A statement that the issuer shall provide to a prospective purchaser written information regarding the securities
offered prior to consummation of any sale, which information
shall include the following statements: (i) "ANY PROSPECTIVE PURCHASER IS ENTITLED TO REVIEW FINANCIAL STATEMENTS OF THE ISSUER WHICH SHALL
BE FURNISHED UPON REQUEST."; (ii) "RECEIPT OF
NOTICE OF EXEMPTION BY THE WASHINGTON
ADMINISTRATOR OF SECURITIES DOES NOT SIGNIFY THAT THE ADMINISTRATOR HAS APPROVED
OR RECOMMENDED THESE SECURITIES, NOR HAS
THE ADMINISTRATOR PASSED UPON THE OFFERING. ANY REPRESENTATION TO THE CONTRARY IS
A CRIMINAL OFFENSE."; and (iii) "THE RETURN OF
THE FUNDS OF THE PURCHASER IS DEPENDENT
UPON THE FINANCIAL CONDITION OF THE ORGANIZATION."
(12) Any charitable gift annuities issued by a board of a
state university, regional university, or of the state college.
(13) Any charitable gift annuity issued by an insurer or
institution holding a certificate of exemption under RCW
48.38.010. [2002 c 65 § 5; 1998 c 15 § 13; 1995 c 46 § 4;
1994 c 256 § 18; 1981 c 272 § 5; 1979 ex.s. c 68 § 20; 1979 c
130 § 4; 1979 c 8 § 1. Prior: 1977 ex.s. c 188 § 2; 1977 ex.s.
c 172 § 1; 1975 1st ex.s. c 84 § 16; 1959 c 282 § 31.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1979 c 130: See note following RCW 28B.10.485.
EXEMPT TRANSACTIONS
21.20.320
21.20.320 Exempt transactions. The following transactions are exempt from RCW 21.20.040 through 21.20.300
and 21.20.327 except as expressly provided:
(1) Any isolated transaction, or sales not involving a
public offering, whether effected through a broker-dealer or
not; or any transaction effected in accordance with any rule
by the director establishing a nonpublic offering exemption
pursuant to this subsection where registration is not necessary
or appropriate in the public interest or for the protection of
investors.
(2) Any nonissuer transaction by a registered salesperson
of a registered broker-dealer, and any resale transaction by a
sponsor of a unit investment trust registered under the Invest(2004 Ed.)
Securities Act of Washington
ment Company Act of 1940 pursuant to any rule adopted by
the director.
(3) Any nonissuer transaction effected by or through a
registered broker-dealer pursuant to an unsolicited order or
offer to buy; but the director may by rule require that the customer acknowledge upon a specified form that the sale was
unsolicited, and that a signed copy of each such form be preserved by the broker-dealer for a specified period.
(4) Any transaction between the issuer or other person on
whose behalf the offering is made and an underwriter, or
among underwriters.
(5) Any transaction in a bond or other evidence of
indebtedness secured by a real or chattel mortgage or deed of
trust, or by an agreement for the sale of real estate or chattels,
if the entire mortgage, deed of trust, or agreement, together
with all the bonds or other evidences of indebtedness secured
thereby, is offered and sold as a unit. A bond or other evidence of indebtedness is not offered and sold as a unit if the
transaction involves:
(a) A partial interest in one or more bonds or other evidences of indebtedness secured by a real or chattel mortgage
or deed of trust, or by an agreement for the sale of real estate
or chattels; or
(b) One of multiple bonds or other evidences of indebtedness secured by one or more real or chattel mortgages or
deeds of trust, or agreements for the sale of real estate or chattels, sold to more than one purchaser as part of a single plan
of financing; or
(c) A security including an investment contract other
than the bond or other evidence of indebtedness.
(6) Any transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, or conservator.
(7) Any transaction executed by a bona fide pledgee
without any purpose of evading this chapter.
(8) Any offer or sale to a bank, savings institution, trust
company, insurance company, investment company as
defined in the Investment Company Act of 1940, pension or
profit-sharing trust, or other financial institution or institutional buyer, or to a broker-dealer, whether the purchaser is
acting for itself or in some fiduciary capacity.
(9) Any transaction effected in accordance with the
terms and conditions of any rule adopted by the director if:
(a) The aggregate offering amount does not exceed five
million dollars; and
(b) The director finds that registration is not necessary in
the public interest and for the protection of investors.
(10) Any offer or sale of a preorganization certificate or
subscription if (a) no commission or other remuneration is
paid or given directly or indirectly for soliciting any prospective subscriber, (b) the number of subscribers does not exceed
ten, and (c) no payment is made by any subscriber.
(11) Any transaction pursuant to an offer to existing
security holders of the issuer, including persons who at the
time of the transaction are holders of convertible securities,
nontransferable warrants, or transferable warrants exercisable within not more than ninety days of their issuance, if (a)
no commission or other remuneration (other than a standby
commission) is paid or given directly or indirectly for soliciting any security holder in this state, or (b) the issuer first files
a notice specifying the terms of the offer and the director does
(2004 Ed.)
21.20.320
not by order disallow the exemption within the next five full
business days.
(12) Any offer (but not a sale) of a security for which
registration statements have been filed under both this chapter and the Securities Act of 1933 if no stop order or refusal
order is in effect and no public proceeding or examination
looking toward such an order is pending under either act.
(13) The issuance of any stock dividend, whether the
corporation distributing the dividend is the issuer of the stock
or not, if nothing of value is given by stockholders for the distribution other than the surrender of a right to a cash dividend
where the stockholder can elect to take a dividend in cash or
stock.
(14) Any transaction incident to a right of conversion or
a statutory or judicially approved reclassification, recapitalization, reorganization, quasi reorganization, stock split,
reverse stock split, merger, consolidation, or sale of assets.
(15) The offer or sale by a registered broker-dealer, or a
person exempted from the registration requirements pursuant
to RCW 21.20.040, acting either as principal or agent, of
securities previously sold and distributed to the public: PROVIDED, That:
(a) Such securities are sold at prices reasonably related to
the current market price thereof at the time of sale, and, if
such broker-dealer is acting as agent, the commission collected by such broker-dealer on account of the sale thereof is
not in excess of usual and customary commissions collected
with respect to securities and transactions having comparable
characteristics;
(b) Such securities do not constitute the whole or a part
of an unsold allotment to or subscription or participation by
such broker-dealer as an underwriter of such securities or as
a participant in the distribution of such securities by the
issuer, by an underwriter or by a person or group of persons
in substantial control of the issuer or of the outstanding securities of the class being distributed; and
(c) The security has been lawfully sold and distributed in
this state or any other state of the United States under this or
any act regulating the sale of such securities.
(16) Any transaction by a mutual or cooperative association meeting the requirements of (a) and (b) of this subsection:
(a) The transaction:
(i) Does not involve advertising or public solicitation; or
(ii) Involves advertising or public solicitation, and:
(A) The association first files a notice of claim of exemption on a form prescribed by the director specifying the terms
of the offer and the director does not by order deny the
exemption within the next ten full business days; or
(B) The association is an employee cooperative and
identifies itself as an employee cooperative in advertising or
public solicitation.
(b) The transaction involves an instrument or interest,
that:
(i)(A) Qualifies its holder to be a member or patron of
the association;
(B) Represents a contribution of capital to the association by a person who is or intends to become a member or
patron of the association;
(C) Represents a patronage dividend or other patronage
allocation; or
[Title 21 RCW—page 15]
21.20.325
Title 21 RCW: Securities and Investments
(D) Represents the terms or conditions by which a member or patron purchases, sells, or markets products, commodities, or services from, to, or through the association; and
(ii) Is nontransferable except in the case of death, operation of law, bona fide transfer for security purposes only to
the association, a bank, or other financial institution,
intrafamily transfer, or transfer to an existing member or person who will become a member and, in the case of an instrument, so states conspicuously on its face.
(17) Any transaction effected in accordance with any
rule adopted by the director establishing a limited offering
exemption which furthers objectives of compatibility with
federal exemptions and uniformity among the states, provided that in adopting any such rule the director may require
that no commission or other remuneration be paid or given to
any person, directly or indirectly, for effecting sales unless
the person is registered under this chapter as a broker-dealer
or salesperson. [1998 c 15 § 14; 1989 c 307 § 34. Prior: 1987
c 457 § 13; 1987 c 421 § 9; 1986 c 90 § 1; 1981 c 272 § 6;
1979 ex.s. c 68 § 21; 1977 ex.s. c 172 § 2; 1975 1st ex.s. c 84
§ 17; 1974 ex.s. c 77 § 6; 1972 ex.s. c 79 § 1; 1961 c 37 § 8;
1959 c 282 § 32.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Severability—1987 c 457: See RCW 23.78.902.
Application—Severability—1987 c 421: See notes following RCW
21.20.705.
Effective date—1986 c 90: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1986." [1986 c 90 § 3.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
EXEMPT SECURITIES AND TRANSACTIONS
21.20.325
21.20.325 Denial, revocation, condition, of exemptions—Authority—Procedure. The director or administrator may by order deny, revoke, or condition any exemption
specified in subsections (10), (11), (12) or (13) of RCW
21.20.310 or in RCW 21.20.320, as now or hereafter
amended, with respect to a specific security or transaction.
No such order may be entered without appropriate prior
notice to all interested parties, opportunity for hearing, and
written findings of fact and conclusions of law, except that
the director or administrator may by order summarily deny,
revoke, or condition any of the specified exemptions pending
final determination of any proceeding under this section.
Upon the entry of a summary order, the director or administrator shall promptly notify all interested parties that it has
been entered and of the reasons therefor and that within fifteen days of the receipt of a written request the matter will be
set down for hearing. If no hearing is requested and none is
ordered by the director or administrator, the order will remain
in effect until it is modified or vacated by the director or
administrator. If a hearing is requested or ordered, the director or administrator, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order
or extend it until final determination. No order under this section may operate retroactively. No person may be considered
to have violated RCW 21.20.140 as now or hereafter
amended by reason of any offer or sale effected after the
[Title 21 RCW—page 16]
entry of an order under this section if he or she sustains the
burden of proof that he or she did not know, and in the exercise of reasonable care could not have known, of the order.
[1979 ex.s. c 68 § 22; 1979 c 130 § 14; 1977 ex.s. c 188 § 3;
1975 1st ex.s. c 84 § 18; 1974 ex.s. c 77 § 7; 1967 c 199 § 3.]
Severability—1979 c 130: See note following RCW 28B.10.485.
FEDERAL COVERED SECURITY
21.20.327 Required filings—Consent to service—
Failure to comply—Rules—Fees. (1) The director, by rule
or otherwise, may require the filing of any or all of the following documents and the payment of the following fees
with respect to a federal covered security under section
18(b)(2) of the Securities Act of 1933:
(a) Prior to the initial offer of such a federal covered
security in this state, all documents that are part of the current
federal registration statement filed with the U.S. securities
and exchange commission under the Securities Act of 1933,
together with a consent to service of process signed by the
issuer and the fee prescribed by RCW 21.20.340;
(b) After the initial offer of such a federal covered security in this state, all documents that are part of an amendment
to a current federal registration statement filed with the U.S.
securities and exchange commission under the Securities Act
of 1933 and all fees prescribed by RCW 21.20.340; and
(c) An annual or periodic report of the value of such federal covered securities offered in this state, together with the
fee prescribed by RCW 21.20.340.
(2) With respect to any security that is a federal covered
security under section 18(b)(4)(D) of the Securities Act of
1933, the director, by rule or otherwise, may require the
issuer to file a notice on SEC Form D, together with a consent
to service of process signed by the issuer and the fee prescribed pursuant to RCW 21.20.340, no later than fifteen
days after the first sale of such a federal covered security in
this state.
(3) The director, by rule or otherwise, may require the
filing of any document filed with the U.S. securities and
exchange commission under the Securities Act of 1933, with
respect to a federal covered security under section 18(b)(3) or
(4) of the Securities Act of 1933 and/or the payment of the fee
prescribed pursuant to RCW 21.20.340.
(4) The director may issue a stop order suspending the
offer and sale of a federal covered security, except a federal
covered security under section 18(b)(1) of the Securities Act
of 1933, if the director finds that there is a failure to comply
with any requirement established under this section.
(5) The director, by rule or otherwise, may waive any or
all of the provisions of this section. [1998 c 15 § 12.]
21.20.327
CONSENT TO SERVICE OF PROCESS
21.20.330 Consent to service of process—Service,
how made. Every applicant for registration as a brokerdealer, investment adviser, investment adviser representative, or salesperson under this chapter, every issuer that files
an application to register or files a claim of exemption from
registration to offer a security in this state through any person
acting on an agency basis in the common law sense, and
every person filing pursuant to RCW 21.20.050 or 21.20.327
21.20.330
(2004 Ed.)
Securities Act of Washington
shall file with the director or with such person as the director
may by rule or order designate, in such form as the director
by rule prescribes, an irrevocable consent appointing the
director or the director's successor in office to be the attorney
of the applicant to receive service of any lawful process in
any noncriminal suit, action, or proceeding against the applicant or the applicant's successor, executor or administrator
which arises under this chapter or any rule or order hereunder
after the consent has been filed, with the same force and
validity as if served personally on the person filing the consent. A person who has filed such a consent in connection
with a previous registration, or notice filing pursuant to RCW
21.20.050 or 21.20.327, need not file another. Service may be
made by leaving a copy of the process in the office of the
director, but it is not effective unless (1) the plaintiff, who
may be the director in a suit, action, or proceeding instituted
by him or her, forthwith sends notice of the service and a
copy of the process by registered mail to the defendant or
respondent at the last address of the respondent or defendant
on file with the director, and (2) the plaintiff's affidavit of
compliance with this section is filed in the case on or before
the return day of the process, if any, or within such further
time as the court allows. [1998 c 15 § 15; 1994 c 256 § 19;
1979 ex.s. c 68 § 23; 1975 1st ex.s. c 84 § 19; 1959 c 282 §
33.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
FEES
21.20.340
21.20.340 Fees—Disposition. The following fees shall
be paid in advance under the provisions of this chapter:
(1)(a) For registration of securities by qualification, the
fee shall be one hundred dollars for the first one hundred
thousand dollars of initial issue, or portion thereof in this
state, based on offering price, plus one-twentieth of one percent for any excess over one hundred thousand dollars which
are to be offered during that year: PROVIDED, HOWEVER,
That an issuer may upon the payment of a fifty-dollar fee
renew for one additional twelve-month period only the
unsold portion for which the registration fee has been paid.
(b) For the offer of a federal covered security that (i) is
an exempt security pursuant to section 3(2) of the Securities
Act of 1933, and (ii) would not qualify for the exemption or a
discretionary order of exemption pursuant to RCW
21.20.310(1), the fee shall be one hundred dollars for the first
one hundred thousand dollars of initial issue, or portion
thereof in this state, based on offering price, plus one-twentieth of one percent for any excess over one hundred thousand
dollars which are to be offered during that year: PROVIDED, HOWEVER, That an issuer may upon the payment
of a fifty-dollar fee renew for one additional twelve-month
period only the unsold portion for which the filing fee has
been paid.
(2)(a) For registration by coordination of securities
issued by an investment company, other than a closed-end
company, as those terms are defined in the Investment Company Act of 1940, the fee shall be one hundred dollars for the
first one hundred thousand dollars of initial issue, or portion
thereof in this state, based on offering price, plus one-twentieth of one percent for any excess over one hundred thousand
dollars which are to be offered in this state during that year:
(2004 Ed.)
21.20.340
PROVIDED, HOWEVER, That an issuer may upon the payment of a fifty-dollar fee renew for one additional twelvemonth period the unsold portion for which the registration fee
has been paid.
(b) For each offering by an investment company, other
than a closed-end company, as those terms are defined in the
Investment Company Act of 1940, making a notice filing
pursuant to RCW 21.20.327(1), the initial filing fee shall be
one hundred dollars for the first one hundred thousand dollars
of initial issue, or portion thereof in this state, based on offering price, plus one-twentieth of one percent for any excess
over one hundred thousand dollars which are to be offered in
this state during that year. The amount offered in this state
during the year may be increased by paying one-twentieth of
one percent of the desired increase, based on offering price,
prior to the sale of securities to be covered by the fee: PROVIDED, HOWEVER, That an issuer may upon the payment
of a fifty-dollar fee renew for one additional twelve-month
period the unsold portion for which the filing fee has been
paid.
(3)(a) For registration by coordination of securities not
covered by subsection (2) of this section, the initial filing fee
shall be one hundred dollars for the first one hundred thousand dollars of initial issue, or portion thereof in this state,
based on offering price, plus one-fortieth of one percent for
any excess over one hundred thousand dollars for the first
twelve-month period plus one hundred dollars for each additional twelve months in which the same offering is continued.
The amount offered in this state during the year may be
increased by paying one-fortieth of one percent of the desired
increase, based on offering price, prior to the sale of securities to be covered by the fee.
(b) For each offering by a closed-end investment company, making a notice filing pursuant to RCW 21.20.327(1),
the initial filing fee shall be one hundred dollars for the first
one hundred thousand dollars of initial issue, or portion
thereof in this state, based on offering price, plus one-fortieth
of one percent for any excess over one hundred thousand dollars for the first twelve-month period plus one hundred dollars for each additional twelve months in which the same
offering is continued. The amount offered in this state during
the year may be increased by paying one-fortieth of one percent of the desired increase, based on offering price, prior to
the sale of securities to be covered by the fee.
(4) For filing annual financial statements, the fee shall be
twenty-five dollars.
(5)(a) For filing an amended offering circular after the
initial registration permit has been granted or pursuant to
RCW 21.20.327(1)(b), the fee shall be ten dollars.
(b) For filing a report under RCW 21.20.270(1) or
21.20.327(1)(c), the fee shall be ten dollars.
(6)(a) For registration of a broker-dealer or investment
adviser, the fee shall be one hundred fifty dollars for original
registration and seventy-five dollars for each annual renewal.
When an application is denied or withdrawn the director shall
retain one-half of the fee.
(b) For a federal covered adviser filing pursuant to RCW
21.20.050, the fee shall be one hundred fifty dollars for original notification and seventy-five dollars for each annual
renewal. A fee shall not be assessed in connection with converting an investment adviser registration to a notice filing
[Title 21 RCW—page 17]
21.20.350
Title 21 RCW: Securities and Investments
when the investment adviser becomes a federal covered
adviser.
(7) For registration of a salesperson or investment
adviser representative, the fee shall be forty dollars for original registration with each employer and twenty dollars for
each annual renewal. When an application is denied or withdrawn the director shall retain one-half of the fee.
(8) If a registration, or filing pursuant to RCW
21.20.050, of a broker-dealer, salesperson, investment
adviser, federal covered adviser, or investment adviser representative is not renewed on or before December 31st of each
year the renewal is delinquent. The director by rule or order
may set and assess a fee for delinquency not to exceed two
hundred dollars. Acceptance by the director of an application
for renewal after December 31st is not a waiver of delinquency. A delinquent application for renewal will not be
accepted for filing after March 1st.
(9)(a) For the transfer of a broker-dealer license to a successor, the fee shall be fifty dollars.
(b) For the transfer of a salesperson license from a broker-dealer or issuer to another broker-dealer or issuer, the
transfer fee shall be twenty-five dollars.
(c) For the transfer of an investment adviser representative license from an investment adviser to another investment
adviser, the transfer fee shall be twenty-five dollars.
(d) For the transfer of an investment adviser license to a
successor, the fee shall be fifty dollars.
(10)(a) The director may provide by rule for the filing of
notice of claim of exemption under RCW 21.20.320 (1), (9),
and (17) and set fees accordingly not to exceed three hundred
dollars.
(b) For the filing required by RCW 21.20.327(2), the fee
shall be three hundred dollars.
(11) For filing of notification of claim of exemption from
registration pursuant to RCW 21.20.310(11), as now or hereafter amended, the fee shall be fifty dollars for each filing.
(12) For rendering interpretative opinions, the fee shall
be thirty-five dollars.
(13) For certified copies of any documents filed with the
director, the fee shall be the cost to the department.
(14) For a duplicate license the fee shall be five dollars.
All fees collected under this chapter shall be turned in to
the state treasury and are not refundable, except as herein
provided. [1998 c 15 § 16; 1995 c 46 § 5; 1994 c 256 § 20;
1988 c 244 § 17; 1986 c 90 § 2; 1981 c 272 § 7; 1979 ex.s. c
68 § 24. Prior: 1977 ex.s. c 188 § 4; 1977 ex.s. c 172 § 3;
1975 1st ex.s. c 84 § 20; 1974 ex.s. c 77 § 8; 1965 c 17 § 4;
1961 c 37 § 9; 1959 c 282 § 34.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
Effective date—1986 c 90: See note following RCW 21.20.320.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
Effective date—1965 c 17 § 4: "Section 4 of this amendatory act shall
take effect July 1, 1965." [1965 c 17 § 6.]
MISLEADING FILINGS
ceeding under this chapter, any statement which is, at the
time and in the light of the circumstances under which it is
made, false or misleading in any material respect. [1959 c
282 § 35.]
UNLAWFUL REPRESENTATIONS CONCERNING
REGISTRATION OR EXEMPTION
21.20.360
21.20.360 Filing, registration, statement, exemption
not conclusive as to truth or completeness—Unlawful
representations. Neither the fact that an application for registration under RCW 21.20.050, a registration statement
under RCW 21.20.180 or 21.20.210 has been filed, nor the
fact that a person or security if [is] effectively registered, constitutes a finding by the director that any document filed
under this chapter is true, complete, and not misleading. Neither any such fact nor the fact that an exemption or exception
is available for a security or a transaction means that the
director has passed in any way upon the merits of [or] qualifications of, or recommended or given approval to, any person, security, or transaction. It is unlawful to make, or cause
to be made, to any prospective purchaser, customer, or client
any representation inconsistent with this section. [1975 1st
ex.s. c 84 § 21; 1959 c 282 § 36.]
INVESTIGATIONS AND SUBPOENAS
21.20.370
21.20.370 Investigations—Statement of facts relating
to investigation may be permitted—Publication of information—Use of criminal history record information. (1)
The director in his or her discretion (a) may annually, or more
frequently, make such public or private investigations within
or without this state as the director deems necessary to determine whether any registration should be granted, denied or
revoked or whether any person has violated, is violating, or is
about to violate any provision of this chapter or any rule or
order under this chapter, or to aid in the enforcement of this
chapter or in the adoption of rules and forms under this chapter, (b) may engage in the detection and identification of
criminal activities subject to this chapter, (c) may require or
permit any person to testify or to file a statement in writing,
under oath or otherwise as the director may determine, as to
all the facts and circumstances concerning the matter to be
investigated, and (d) may publish information concerning a
proceeding, an investigation, or any violation of this chapter
or any rule or order under this chapter, if the director determines it is necessary or appropriate in the public interest or
for the protection of investors.
(2) The enforcement unit of the securities division of the
department of financial institutions may be authorized to
receive criminal history record information in connection
with the investigation of criminal activities subject to this
chapter. [2002 c 65 § 6; 1998 c 15 § 17; 1994 c 256 § 21;
1979 ex.s. c 68 § 25; 1973 1st ex.s. c 171 § 2; 1959 c 282 §
37.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.350
21.20.350 False or misleading statements in filed documents. It is unlawful for any person to make or cause to be
made, in any document filed with the director or in any pro[Title 21 RCW—page 18]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
Investigations, additional authority, scope: RCW 21.20.700.
(2004 Ed.)
Securities Act of Washington
21.20.380
21.20.380 Oaths—Subpoenas—Assisting another
state—Compelling obedience—Punishment. (1) For the
purpose of any investigation or proceeding under this chapter, the director or any officer designated by the director may
administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda,
agreements, or other documents or records which the director
deems relevant or material to the inquiry.
(2) If the activities constituting an alleged violation for
which the information is sought would be a violation of this
chapter had the activities occurred in this state, the director
may issue and apply to enforce subpoenas in this state at the
request of a securities agency or administrator of another
state.
(3) A subpoena issued to a financial institution under this
section may, if the director finds it necessary or appropriate
in the public interest or for the protection of investors,
include a directive that the financial institution subpoenaed
shall not disclose to third parties that are not affiliated with
the financial institution, other than to the institution's legal
counsel, the existence or content of the subpoena.
(4) In case of disobedience on the part of any person to
comply with any subpoena lawfully issued by the director,
the refusal of any witness to testify to any matters regarding
which the witness may be lawfully interrogated, or the failure
to comply with a nondisclosure directive under subsection (3)
of this section, a court of competent jurisdiction of any
county or the judge thereof, on application of the director,
and after satisfactory evidence of willful disobedience, may
compel obedience by proceedings for contempt, as in the case
of disobedience of the requirements of a subpoena issued
from such a court on a refusal to testify therein. [2002 c 65 §
7; 1995 c 46 § 6; 1994 c 256 § 22; 1979 ex.s. c 68 § 26; 1975
1st ex.s. c 84 § 22; 1974 ex.s. c 77 § 9; 1959 c 282 § 38.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
INJUNCTIONS AND OTHER REMEDIES
21.20.390
21.20.390 Injunction, cease and desist order,
restraining order, mandamus—Appointment of receiver
or conservator for insolvent—Restitution or damages—
Costs—Accounting. Whenever it appears to the director
that any person has engaged or is about to engage in any act
or practice constituting a violation of any provision of this
chapter or any rule or order hereunder, the director may in his
or her discretion:
(1) Issue an order directing the person to cease and desist
from continuing the act or practice and to take appropriate
affirmative action within a reasonable period of time, as prescribed by the director, to correct conditions resulting from
the act or practice including, without limitation, a requirement to provide restitution. Reasonable notice of and opportunity for a hearing shall be given. The director may issue a
summary order pending the hearing which shall remain in
effect until ten days after the hearing is held and which shall
become final if the person to whom notice is addressed does
not request a hearing within twenty days after the receipt of
notice; or
(2004 Ed.)
21.20.395
(2) The director may without issuing a cease and desist
order, bring an action in any court of competent jurisdiction
to enjoin any such acts or practices and to enforce compliance
with this chapter or any rule or order adopted under this chapter. The court may grant such ancillary relief, including a
civil penalty, restitution, and disgorgement, as it deems
appropriate. Upon a proper showing a permanent or temporary injunction, restraining order, or writ of mandamus shall
be granted and a receiver or conservator may be appointed for
the defendant or the defendant's assets. The director may not
be required to post a bond. If the director prevails, the director shall be entitled to a reasonable attorney's fee to be fixed
by the court.
(3) Whenever it appears to the director that any person
who has received a permit to issue, sell, or otherwise dispose
of securities under this chapter, whether current or otherwise,
has become insolvent, the director may petition a court of
competent jurisdiction to appoint a receiver or conservator
for the defendant or the defendant's assets. The director may
not be required to post a bond.
(4) The director may bring an action for restitution or
damages on behalf of the persons injured by a violation of
this chapter, if the court finds that private civil action would
be so burdensome or expensive as to be impractical.
(5) In any action under this section, the director may
charge the costs, fees, and other expenses incurred by the
director in the conduct of any administrative investigation,
hearing, or court proceeding against any person found to be
in violation of any provision of this section or any rule or
order adopted under this section.
(6) In any action under subsection (1) of this section, the
director may enter an order requiring an accounting, restitution, and disgorgement, including interest at the legal rate
under *RCW 4.56.110(3). The director may by rule or order
provide for payments to investors, interest rates, periods of
accrual, and other matters the director deems appropriate to
implement this subsection. [2003 c 288 § 5; 1995 c 46 § 7;
1994 c 256 § 23; 1981 c 272 § 8; 1979 ex.s. c 68 § 27; 1975
1st ex.s. c 84 § 23; 1974 ex.s. c 77 § 10; 1959 c 282 § 39.]
*Reviser's note: RCW 4.56.110 was amended by 2004 c 185 § 2,
changing subsection (3) to subsection (4).
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
21.20.395 Administrative action—Hearing—Judicial
review—Judgment. (1) A person who, in an administrative
action by the director, is found to have knowingly or recklessly violated any provision of this chapter, or any rule or
order under this chapter, may be fined, after notice and
opportunity for hearing, in an amount not to exceed ten thousand dollars for each violation.
(2) A person who, in an administrative action by the
director, is found to have knowingly or recklessly violated an
administrative order issued under RCW 21.20.110 or
21.20.390 shall pay an administrative fine in an amount not to
exceed twenty-five thousand dollars for each violation.
(3) The fines paid under subsections (1) and (2) of this
section shall be deposited into the securities prosecution
fund.
(4) If a petition for judicial review has not been timely
filed under RCW 34.05.542(2), a certified copy of the direc21.20.395
[Title 21 RCW—page 19]
21.20.400
Title 21 RCW: Securities and Investments
tor's order requiring payment of the fine may be filed in the
office of the clerk of the superior court in any county of this
state. The clerk shall treat the order of the director in the
same manner as a judgment of the superior court. The director's order so filed has the same effect as a judgment of the
superior court and may be recorded, enforced, or satisfied in
like manner. [2003 c 288 § 6; 1998 c 15 § 18.]
CRIMINAL LIABILITIES
21.20.400
21.20.400 Penalty for violation of chapter—Limitation of actions
(as amended by 2003 c 288). (1) Any person who willfully violates any provision of this chapter except RCW 21.20.350, or who willfully violates any
rule or order under this chapter, or who willfully violates RCW 21.20.350
knowing the statement made to be false or misleading in any material
respect, ((shall upon conviction be fined not more than five thousand dollars
or imprisoned not more than ten years, or both; but no)) is guilty of a class B
felony punishable under RCW 9A.20.021(1)(b). However, a person may not
be imprisoned for the violation of any rule or order if that person proves that
he or she had no knowledge of the rule or order.
(2) Any person who knowingly alters, destroys, shreds, mutilates, or
conceals a record, document, or other object, or attempts to do so, with the
intent to impair the object's integrity or availability for use in an official proceeding under this chapter, is guilty of a class B felony punishable under
RCW 9A.20.021(1)(b) or punishable by a fine of not more than five hundred
thousand dollars, or both. The fines paid under this subsection shall be
deposited into the securities prosecution fund.
(3) No indictment or information may be returned under this chapter
more than (a) five years after the ((alleged)) violation, or (b) three years after
the actual discovery of the violation, whichever date of limitation is later.
[2003 c 288 § 3; 1979 ex.s. c 68 § 28; 1965 c 17 § 5; 1959 c 282 § 40.]
21.20.400
21.20.400 Penalty for violation of chapter—Limitation of actions
(as amended by 2003 c 53). Any person who willfully violates any provision
of this chapter except RCW 21.20.350, or who willfully violates any rule or
order under this chapter, or who willfully violates RCW 21.20.350 knowing
the statement made to be false or misleading in any material respect, is guilty
of a class B felony and shall upon conviction be fined not more than five
thousand dollars or imprisoned not more than ten years, or both; but no person may be imprisoned for the violation of any rule or order if that person
proves that he or she had no knowledge of the rule or order. No indictment
or information may be returned under this chapter more than five years after
the alleged violation. [2003 c 53 § 163; 1979 ex.s. c 68 § 28; 1965 c 17 § 5;
1959 c 282 § 40.]
Reviser's note: RCW 21.20.400 was amended twice during the 2003
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
21.20.410
21.20.410 Attorney general, prosecuting attorney
may institute criminal proceeding—Referral of evidence
by director. (1) The director may refer such evidence as may
be available concerning violations of this chapter or of any
rule or order hereunder to the attorney general or the proper
prosecuting attorney, who may in his or her discretion, with
or without such a reference, institute the appropriate criminal
proceedings under this chapter.
(2) The director may render such assistance as the prosecuting attorney requests regarding a reference. [1998 c 15 §
19; 1979 ex.s. c 68 § 29; 1959 c 282 § 41.]
21.20.420
21.20.420 Criminal punishment, chapter not exclusive. Nothing in this chapter limits the power of the state to
punish any person for any conduct which constitutes a crime
by statute or at common law. [1959 c 282 § 42.]
[Title 21 RCW—page 20]
CIVIL LIABILITIES
21.20.430
21.20.430 Civil liabilities—Survival, limitation of
actions—Waiver of chapter void—Scienter. (1) Any person, who offers or sells a security in violation of any provisions of RCW 21.20.010, 21.20.140 (1) or (2), or 21.20.180
through 21.20.230, is liable to the person buying the security
from him or her, who may sue either at law or in equity to
recover the consideration paid for the security, together with
interest at eight percent per annum from the date of payment,
costs, and reasonable attorneys' fees, less the amount of any
income received on the security, upon the tender of the security, or for damages if he or she no longer owns the security.
Damages are the amount that would be recoverable upon a
tender less (a) the value of the security when the buyer disposed of it and (b) interest at eight percent per annum from
the date of disposition.
(2) Any person who buys a security in violation of the
provisions of RCW 21.20.010 is liable to the person selling
the security to him or her, who may sue either at law or in
equity to recover the security, together with any income
received on the security, upon tender of the consideration
received, costs, and reasonable attorneys' fees, or if the security cannot be recovered, for damages. Damages are the value
of the security when the buyer disposed of it, and any income
received on the security, less the consideration received for
the security, plus interest at eight percent per annum from the
date of disposition, costs, and reasonable attorneys' fees.
(3) Every person who directly or indirectly controls a
seller or buyer liable under subsection (1) or (2) above, every
partner, officer, director or person who occupies a similar status or performs a similar function of such seller or buyer,
every employee of such a seller or buyer who materially aids
in the transaction, and every broker-dealer, salesperson, or
person exempt under the provisions of RCW 21.20.040 who
materially aids in the transaction is also liable jointly and severally with and to the same extent as the seller or buyer,
unless such person sustains the burden of proof that he or she
did not know, and in the exercise of reasonable care could not
have known, of the existence of the facts by reason of which
the liability is alleged to exist. There is contribution as in
cases of contract among the several persons so liable.
(4)(a) Every cause of action under this statute survives
the death of any person who might have been a plaintiff or
defendant.
(b) No person may sue under this section more than three
years after the contract of sale for any violation of the provisions of RCW 21.20.140 (1) or (2) or 21.20.180 through
21.20.230, or more than three years after a violation of the
provisions of RCW 21.20.010, either was discovered by such
person or would have been discovered by him or her in the
exercise of reasonable care. No person may sue under this
section if the buyer or seller receives a written rescission
offer, which has been passed upon by the director before suit
and at a time when he or she owned the security, to refund the
consideration paid together with interest at eight percent per
annum from the date of payment, less the amount of any
income received on the security in the case of a buyer, or plus
the amount of income received on the security in the case of
a seller.
(2004 Ed.)
Securities Act of Washington
(5) No person who has made or engaged in the performance of any contract in violation of any provision of this
chapter or any rule or order hereunder, or who has acquired
any purported right under any such contract with knowledge
of the facts by reason of which its making or performance
was in violation, may base any suit on the contract. Any condition, stipulation, or provision binding any person acquiring
any security to waive compliance with any provision of this
chapter or any rule or order hereunder is void.
(6) Any tender specified in this section may be made at
any time before entry of judgment.
(7) Notwithstanding subsections (1) through (6) of this
section, if an initial offer or sale of securities that are exempt
from registration under RCW 21.20.310 is made by this state
or its agencies, political subdivisions, municipal or quasimunicipal corporations, or other instrumentality of one or
more of the foregoing and is in violation of RCW
21.20.010(2), and any such issuer, member of the governing
body, committee member, public officer, director, employee,
or agent of such issuer acting on its behalf, or person in control of such issuer, member of the governing body, committee
member, public officer, director, employee, or agent of such
person acting on its behalf, materially aids in the offer or sale,
such person is liable to the purchaser of the security only if
the purchaser establishes scienter on the part of the defendant. The word "employee" or the word "agent," as such
words are used in this subsection, do not include a bond counsel or an underwriter. Under no circumstances whatsoever
shall this subsection be applied to require purchasers to establish scienter on the part of bond counsels or underwriters. The
provisions of this subsection are retroactive and apply to any
action commenced but not final before July 27, 1985. In addition, the provisions of this subsection apply to any action
commenced on or after July 27, 1985. [1998 c 15 § 20; 1986
c 304 § 1; 1985 c 171 § 1; 1981 c 272 § 9; 1979 ex.s. c 68 §
30; 1977 ex.s. c 172 § 4; 1975 1st ex.s. c 84 § 24; 1974 ex.s.
c 77 § 11; 1967 c 199 § 2; 1959 c 282 § 43.]
Severability—1986 c 304: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1986 c 304 § 2.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
DISCONTINUANCE OF VIOLATIONS
21.20.435
21.20.435 Assurance of discontinuance of violations—Acceptance—Filing. In the enforcement of this
chapter, the director may accept an assurance of discontinuance of violations of the provisions of this chapter from any
person deemed by the director to be in violation hereof. Any
such assurance shall be in writing, may state that the person
giving such assurance does not admit to any violation of this
chapter, and shall be filed with and subject to the approval of
the superior court of the county in which the alleged violator
resides or has his or her principal place of business, or in
Thurston county. Proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter. [1979 ex.s. c 68 § 31; 1974 ex.s. c 77 §
13.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
(2004 Ed.)
21.20.450
JUDICIAL REVIEW OF ORDERS
21.20.440
21.20.440 Judicial review of order—Modification of
order by director on additional evidence. Any person
aggrieved by a final order of the director may obtain a review
of the order in the county in which that person resides or in
any other court of competent jurisdiction by filing in court,
within sixty days after the entry of the order, a written petition praying that the order be modified or set aside in whole
or in part. A copy of the petition shall be forthwith served
upon the director, and thereupon the director shall certify and
file in court a copy of the filing, testimony, and other evidence upon which the order was entered. When these have
been filed, the court has exclusive jurisdiction to affirm,
modify, enforce, or set aside the order, in whole or in part. No
objection to the order may be considered by the court unless
it was urged before the director or there were reasonable
grounds for failure to do so. The findings of the director as to
the facts, if supported by substantial evidence, are conclusive.
If either party applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that
the additional evidence is material and that there were reasonable grounds for failure to adduce the evidence in the hearing
before the director, the court may order the additional evidence to be taken before the director and to be adduced upon
the hearing in such manner and upon such conditions as the
court may consider proper. The director may modify his or
her findings by reason of the additional evidence so taken;
and the director shall file any modified or new findings,
which if supported by substantial evidence shall be conclusive, and any recommendation for the modification or setting
aside of the original order. The commencement of proceedings under this section does not, unless specifically ordered
by the court, operate as a stay of the director's order. [1979
ex.s. c 68 § 32; 1959 c 282 § 44.]
ADMINISTRATION OF CHAPTER
21.20.450
21.20.450 Administration of chapter—Rules and
forms, publication—Cooperation with other state and
federal authorities. (1) The administration of the provisions
of this chapter shall be under the department of financial
institutions. The director may from time to time make,
amend, and repeal such rules, forms, and orders as are necessary to carry out the provisions of this chapter, including
rules defining any term, whether or not such term is used in
the Washington securities law. The director may classify
securities, persons, and matters within the director's jurisdiction, and prescribe different requirements for different
classes. No rule, form, or order may be made unless the director finds that the action is necessary or appropriate in the public interest or for the protection of investors and consistent
with the purposes fairly intended by the policy and provisions
of this chapter. In prescribing rules and forms the director
may cooperate with the securities administrators of the other
states and the securities and exchange commission with a
view to effectuating the policy of this statute to achieve maximum uniformity in the form and content of registration statements, applications, and reports wherever practicable. All
rules and forms of the director shall be published.
[Title 21 RCW—page 21]
21.20.460
Title 21 RCW: Securities and Investments
(2) To encourage uniform interpretation and administration of this chapter and effective securities regulation and
enforcement, the director may cooperate with the securities
agencies or administrators of one or more states, Canadian
provinces or territories, or another country, the securities and
exchange commission, the commodity futures trading commission, the securities investor protection corporation, any
self-regulatory organization, any national or international
organization of securities officials or agencies, and any governmental law enforcement or regulatory agency.
(3) The cooperation authorized by subsection (2) of this
section includes:
(a) Establishing a central depository for licensing or registration under this chapter and for documents or records
required or allowed to be maintained under this chapter;
(b) Making a joint license or registration examination or
investigation;
(c) Holding a joint administrative hearing;
(d) Filing and prosecuting a joint civil or administrative
hearing;
(e) Sharing and exchanging personnel;
(f) Sharing and exchanging information and documents;
and
(g) Formulating under chapter 34.05 RCW, rules or proposed rules on matters such as statements of policy, guidelines, and interpretative opinions and releases. [1994 c 256 §
24; 1993 c 472 § 15; 1979 ex.s. c 68 § 33; 1979 c 158 § 86;
1975 1st ex.s. c 84 § 25; 1959 c 282 § 45.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
21.20.460 Administrator of securities—Appointment, qualifications, term, etc. The director shall appoint a
competent person to administer this chapter who shall be designated administrator of securities. The director shall delegate to the administrator such powers, subject to the authority
of the director, as may be necessary to carry out the provisions of this chapter. The administrator shall hold office at
the pleasure of the director. [1959 c 282 § 46.]
21.20.460
21.20.470 Compensation, travel expenses of administrator and employees. The administrator, and any person
employed by the administrator, shall be paid, in addition to
regular compensation, travel expenses incurred by each of
them in the performance of their duties under this chapter in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. [1979 ex.s. c 68 § 34; 1975'76 2nd ex.s. c 34 § 64; 1959 c 282 § 47.]
21.20.470
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
21.20.480 Unlawful use or disclosure of filed information. It is unlawful for the director or any of the director's
officers or employees to use for personal benefit any information which is filed with or obtained by the director and which
is not made public. The director or any of the director's officers or employees shall not disclose any such information or
the fact that any investigation is being made except among
themselves or when necessary or appropriate in a proceeding
or investigation under this chapter. No provision of this chap-
ter either creates or derogates from any privilege which exists
at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the director or
any of the director's officers or employees. [1979 ex.s. c 68 §
35; 1959 c 282 § 48.]
21.20.490
21.20.490 No liability under chapter for act in good
faith. No provision of this chapter imposing any liability
applies to any act done or omitted in good faith in conformity
with any rule, form, or order of the director, notwithstanding
that the rule or form may later be amended or rescinded or be
determined by judicial or other authority to be invalid for any
reason. [1959 c 282 § 49.]
21.20.500
21.20.500 Administrative hearings public—Exception. Every hearing in an administrative proceeding shall be
public unless the director in his or her discretion grants a
request joined in by all the respondents that the hearing be
conducted privately. [1979 ex.s. c 68 § 36; 1959 c 282 § 50.]
21.20.510
21.20.510 Document filed when received—Register—Inspection of register, information, etc. A document
is filed with the director when it is received by the director or
by a person as the director designates by rule or order. The
director or the director's designee shall keep a register of all
applications for registration and registration statements
which are or have ever been effective under this chapter and
all denial, suspension, or revocation orders which have ever
been entered under this chapter. The register shall be open for
public inspection. The information contained in or filed with
any registration statement, application, or report may be
made available to the public under such rules as the director
prescribes. [1994 c 256 § 25; 1959 c 282 § 51.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.520
21.20.520 Copies of entries, documents to be furnished—Copies as prima facie evidence. Upon request and
at such reasonable charges as the director prescribes, the
director shall furnish to any person photostatic or other copies (certified under his seal of office if requested) of any entry
in the register or any document which is a matter of public
record. In any proceeding or prosecution under this chapter,
any copy so certified is prima facie evidence of the contents
of the entry or document certified. [1979 ex.s. c 68 § 37;
1959 c 282 § 52.]
21.20.530
21.20.530 Interpretative opinions by director. The
director in his or her discretion may honor requests from
interested persons for interpretative opinions. [1979 ex.s. c
68 § 38; 1959 c 282 § 53.]
21.20.480
[Title 21 RCW—page 22]
PROOF OF EXEMPTION
21.20.540
21.20.540 Exemptions, exceptions, and preemptions—Burden of proof. In any proceeding under this chapter, the burden of proving an exemption, an exception from a
definition, or a preemption of a provision of this chapter is
upon the person claiming it. [1998 c 15 § 21; 1959 c 282 §
54.]
(2004 Ed.)
Securities Act of Washington
ADVISORY COMMITTEE
21.20.702
ADDITIONAL PROVISIONS
21.20.700 Investigations and examinations—Additional authority—Scope. (1) In addition to the authority
conferred in RCW 21.20.370 the director at any time during
a public offering whether registered or not, or one year thereafter or at any time that any debt or equity securities which
have been sold to the public pursuant to registration under
this chapter are still an outstanding obligation of the issuer:
(a) May investigate the issuer for the purpose of ascertaining
whether there have been violations of this chapter, rules
adopted under this chapter, or any conditions imposed by the
director expressed in any permit for a public offering or otherwise; (b) may visit and examine the issuer for the purpose
of assuring compliance with this chapter, rules adopted under
this chapter, or any conditions imposed by the director
whether expressed in the permit for the public offering or otherwise; (c) may require or permit any person to file a statement in writing, under oath or otherwise as the director may
determine, as to all the facts and circumstances concerning
the matter to be investigated; and (d) may publish information concerning any violation of this chapter, or any rule,
order, or condition adopted or imposed under this chapter.
(2) The examination or investigation, whether conducted
within or without this state, shall include the right to reasonably examine the issuer's books, accounts, records, files,
papers, feasibility reports, other pertinent information and
obtain written permission from the issuer to consult with the
independent accountant who audited the financial statements
of the issuer. The reasonable costs of the examination shall be
paid by the issuer to the director. The issuer shall not be liable
for the costs of second or subsequent examinations during a
calendar year. [1988 c 244 § 1; 1973 1st ex.s. c 171 § 5.]
21.20.700
21.20.550
21.20.550 State advisory committee—Composition,
appointment, qualifications. There is hereby created a state
advisory committee which shall consist of seven members to
be appointed by the governor on the basis of their experience
and qualifications. The membership shall be selected, insofar
as possible, on the basis of giving both geographic representation and representation to all phases of the securities business including the legal and accounting professions. [1973
1st ex.s. c 171 § 3; 1959 c 282 § 55.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.560
21.20.560 State advisory committee—Chairperson,
secretary—Meetings. (1) The committee shall select a
chairperson and a secretary from their group.
(2) Regular meetings may be held quarterly, or semiannually, and special meetings may be called by the chairperson
upon at least seven days' written notice to each committee
member sent by regular mail. [1979 ex.s. c 68 § 39; 1973 1st
ex.s. c 171 § 4; 1959 c 282 § 56.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.570
21.20.570 State advisory committee—Terms—
Vacancies. The first members of the committee shall hold
office as follows: Two members to serve two years; two
members to serve three years; and three members to serve
four years. Upon the expiration of said original terms subsequent appointment shall be for four years except in the case
of a vacancy, in which event appointment shall be only for
the remainder of the unexpired term in which the vacancy
occurs. [1959 c 282 § 57.]
21.20.580
21.20.580 State advisory committee—Duties. The
advisory committee shall:
(1) Serve in an advisory capacity to the director on all
matters pertaining to this chapter.
(2) Acquaint themselves fully with the operations of the
director's office as to the administration of securities, brokerdealers, salespersons, and investment advisers, and periodically recommend to the director such changes in the rules and
regulations of the department in connection therewith as they
deem advisable.
(3) Prepare and publish a mimeographed report on their
recommendations. [1981 c 272 § 10; 1979 ex.s. c 68 § 40;
1959 c 282 § 58.]
21.20.590
21.20.590 State advisory committee—Reimbursement of travel expenses. The advisory committee shall be
reimbursed for their travel expenses in accordance with RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended. [1981 c 272 § 11; 1975-'76 2nd ex.s. c 34 § 65;
1959 c 282 § 59.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
(2004 Ed.)
Severability—1988 c 244: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 244 § 18.]
Effective date—1988 c 244: "Sections 1 through 16 of this act shall
take effect July 1, 1988." [1988 c 244 § 20.]
Implementation—Application—1988 c 244: "The director of licensing may take whatever action is necessary to implement this act on its effective date. This act applies to any person, individual, corporation, partnership,
or association whether or not in existence on or prior to July 1, 1988. The
director of licensing may adopt transition rules in order to allow debenture
companies in existence prior to July 1, 1988, a reasonable amount of time to
comply with the requirements of this act. Transition rules shall require compliance with this act not later than January 1, 1990." [1988 c 244 § 21.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
Investigations: RCW 21.20.370.
21.20.702 Suitability of recommendation—Reasonable grounds required. (1) In recommending to a customer
the purchase, sale, or exchange of a security, a broker-dealer,
salesperson, investment adviser, or investment adviser representative must have reasonable grounds for believing that the
recommendation is suitable for the customer upon the basis
of the facts, if any, disclosed by the customer as to his or her
other security holdings and as to his or her financial situation
and needs.
(2) Before the execution of a transaction recommended
to a noninstitutional customer, other than transactions with
customers where investments are limited to money market
21.20.702
[Title 21 RCW—page 23]
21.20.705
Title 21 RCW: Securities and Investments
mutual funds, a broker-dealer, salesperson, investment
adviser, or investment adviser representative shall make reasonable efforts to obtain information concerning:
(a) The customer's financial status;
(b) The customer's tax status;
(c) The customer's investment objectives; and
(d) Such other information used or considered to be reasonable by the broker-dealer, salesperson, investment
adviser, or investment adviser representative in making recommendations to the customer. [1994 c 256 § 26; 1993 c 470
§ 2.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.705
21.20.705 Debenture companies—Definitions. When
used in this chapter, unless the context otherwise requires:
(1) "Debenture company" means an issuer of any note,
debenture, or other debt obligation for money used or to be
used as capital or operating funds of the issuer, which is
offered or sold in this state, and which issuer is engaged or
proposes to engage in the business of investing, reinvesting,
owning, holding, or trading in: (a) Notes, or other debt obligations, whether or not secured by real or personal property;
(b) vendors' interests in real estate contracts; (c) real or personal property to be leased to third parties; or (d) real or personal property. The term "debenture company" does not
include an issuer by reason of any of its securities which are
exempt from registration under RCW 21.20.310 or offered or
sold in transactions exempt from registration under RCW
21.20.320 (1) or (8); and
(2) "Acquiring party" means any person becoming or
attempting to become a controlling person under RCW
21.20.717. [1988 c 244 § 2; 1987 c 421 § 1; 1979 c 140 § 1;
1973 1st ex.s. c 171 § 6.]
to at least ten percent of the outstanding securities in excess
of $1,000,000 but not over $100,000,000; and
(ii) A debenture company with outstanding securities
other than capital stock totaling in excess of $100,000,000
shall have additional net worth equal to at least five percent
of the outstanding securities in excess of $100,000,000.
(c) Every debenture company shall hold at least one-half
the amount of its required net worth in cash or comparable
liquid assets as defined by rule, or shall demonstrate comparable liquidity to the satisfaction of the director.
(2) The director may for good cause in the interest of the
existing investors, waive the requirements of subsection (1)
of this section. If the director waives the minimum requirements set forth in subsection (1) of this section, the debenture
company shall increase its new [net] worth or liquidity in
accordance with conditions imposed by the director until
such time as the debenture company can meet the requirements of this section without waiver from the director. [1988
c 244 § 3; 1973 1st ex.s. c 171 § 7.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.715
21.20.715 Debenture companies—Maturity date
requirements. Any debenture company offering debt securities to the public shall provide that at least fifty percent of
the amount of those securities sold have maturity dates of two
years or more. [1987 c 421 § 2; 1973 1st ex.s. c 171 § 8.]
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.717
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
Effective date—Application—1987 c 421: "Sections 1 through 8 of
this act shall take effect January 1, 1988. The director of licensing may take
whatever action is necessary to implement this act on its effective date. This
act applies to any person, individual, corporation, partnership, or association
whether or not in existence on or prior to January 1, 1988." [1987 c 421 §
12.]
Severability—1987 c 421: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 421 § 10.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.710
21.20.710 Debenture companies—Capital requirements. (1) Except as provided in subsection (2) of this section, a debenture company shall not offer for sale any security
other than capital stock if such sale would result in the violation of the following capital requirements:
(a) For outstanding securities other than capital stock
totaling from $1 to $1,000,000, a debenture company shall
have a net worth of at least $200,000.
(b) In addition to the requirement set forth in (a) of this
subsection:
(i) A debenture company with outstanding securities
other than capital stock totaling in excess of $1,000,000 but
not over $100,000,000 shall have additional net worth equal
[Title 21 RCW—page 24]
21.20.717 Debenture companies—Controlling person—Exceptions. (1) For purposes of the provisions of this
chapter relating to debenture companies a person shall be
deemed a controlling person if:
(a) Such person directly or indirectly, or acting through
one or more other persons owns, controls, or has power to
vote twenty-five percent or more of any class of voting securities of a debenture company;
(b) Such person controls in any manner the election of a
majority of the directors or trustees of a debenture company;
or
(c) The director determines, after notice and opportunity
for hearing, that such person, directly or indirectly, exercises
a controlling influence over the management or policies of a
debenture company.
(2) The director may except, by order, for good cause
shown, any person from subsection (1) of this section if the
director finds the exception to be in the public interest and
that the exception does not threaten the protection of investors. [1987 c 421 § 3.]
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.720
21.20.720 Debenture companies—Prohibited activities by directors, officers, or controlling persons. (1) A
director, officer, or controlling person of a debenture company shall not:
(2004 Ed.)
Securities Act of Washington
(a) Have any interest, direct or indirect, in the gains or
profits of the debenture company, except to receive dividends
upon the amounts contributed by him or her, the same as any
other investor or shareholder and under the same regulations
and conditions: PROVIDED, That nothing in this subsection
shall be construed to prohibit salaries as may be approved by
the debenture company's board of directors;
(b) Become a member of the board of directors or a controlling shareholder of another debenture company or a bank,
trust company, or national banking association, of which
board enough other directors or officers of the debenture
company are members so as to constitute with him or her a
majority of the board of directors.
(2) A director, an officer, or controlling person shall not:
(a) For himself or herself or as agent or partner of
another, directly or indirectly use any of the funds held by the
debenture company, except to make such current and necessary payments as are authorized by the board of directors;
(b) Receive directly or indirectly and retain for his or her
own use any commission on or benefit from any loan made
by the debenture company, or any pay or emolument for services rendered to any borrower from the debenture company
in connection with such loan;
(c) Become an indorser, surety, or guarantor, or in any
manner an obligor, for any loan made from the debenture
company and except when approval has been given by the
director of financial institutions or the director's administrator of securities upon recommendation by the company's
board of directors.
(d) For himself or herself or as agent or partner of
another, directly or indirectly borrow any of the funds held by
the debenture company, or become the owner of real or personal property upon which the debenture company holds a
mortgage, deed of trust, or property contract. A loan to or a
purchase by a corporation in which he or she is a stockholder
to the amount of fifteen percent of the total outstanding stock,
or in which he or she and other directors, officers, or controlling persons of the debenture company hold stock to the
amount of twenty-five percent of the total outstanding stock,
shall be deemed a loan to or a purchase by such director or
officer within the meaning of this section, except when the
loan to or purchase by such corporation occurred without his
or her knowledge or against his or her protest. [1993 c 472 §
16; 1987 c 421 § 4; 1979 ex.s. c 68 § 41; 1979 c 158 § 87;
1973 1st ex.s. c 171 § 9.]
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.725
21.20.725 Debenture companies—Debentures payable on demand—Interest—Certificates of debenture. (1)
A debenture company shall not issue any debenture payable
on demand nor pay or accrue interest beyond the maturity
date of any debenture.
(2) Debenture companies shall not issue certificates of
debentures in passbook form, or in any other form which suggests to the holder that such moneys may be withdrawn on
demand.
(2004 Ed.)
21.20.727
(3) Each certificate of debenture or an application for a
certificate shall specify on the face of the certificate or application therefor, in twelve point bold face type or larger, that
such debenture is not insured by the United States government, the state of Washington, or any agency thereof. [1988
c 244 § 4; 1973 1st ex.s. c 171 § 10.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.727
21.20.727 Debenture companies—Acquisition of
control—Requirements—Violation—Penalty. (1) It is
unlawful for any person to acquire control of a debenture
company until thirty days after filing with the director a copy
of the notice of change of control on the form specified by the
director. The notice or application shall be under oath and
contain substantially all of the following information plus
any additional information that the director may prescribe as
necessary or appropriate in the particular instance for the protection of investors, borrowers, or shareholders and the public interest:
(a) The identity and business experience of each person
by whom or on whose behalf acquisition is to be made;
(b) The financial and managerial resources and future
prospects of each person involved in the acquisition;
(c) The terms and conditions of any proposed acquisition
and the manner in which the acquisition is to be made;
(d) The source and amount of the funds or other consideration used or to be used in making the acquisition, and a
description of the transaction and the names of the parties if
any part of these funds or other consideration has been or is
to be borrowed or otherwise obtained for the purpose of making the acquisition;
(e) Any plan or proposal which any person making the
acquisition may have to liquidate the debenture company, to
sell its assets, to merge it with any other company, or to make
any other major change in its business or corporate structure
or management;
(f) The identification of any person employed, retained,
or to be compensated by the acquiring party, or by any person
on its behalf, who makes solicitations or recommendations to
shareholders for the purpose of assisting in the acquisition
and a brief description of the terms of the employment,
retainer, or arrangement for compensation; and
(g) Copies of all invitations for tenders or advertisements
making a tender offer to shareholders for the purchase of their
stock to be used in connection with the proposed acquisition.
(2) When a person, other than an individual or corporation, is required to file an application under this section, the
director may require that the information required by subsection (1)(a), (b), and (f) of this section be given with respect to
each person who has an interest in or controls a person filing
an application under this subsection.
(3) When a corporation is required to file an application
under this section, the director may require that the information required by subsection (1)(a), (b), and (f) of this section
be given for the company, each officer and director of the
company, and each person who is directly or indirectly the
beneficial owner of twenty-five percent or more of the outstanding voting securities of the company.
[Title 21 RCW—page 25]
21.20.730
Title 21 RCW: Securities and Investments
(4) If any tender offer, request, or invitation for tenders
or other agreements to acquire control is proposed to be made
by means of a registration statement under the Securities Act
of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77(a)), as amended, or in
circumstances requiring the disclosure of similar information
under the Securities Exchange Act of 1934 (48 Stat. 881; 15
U.S.C. Sec. 78(a)), as amended, the registration statement or
application may be filed with the director in lieu of the
requirements of this section.
(5) Any acquiring party shall also deliver a copy of any
notice or application required by this section to the debenture
company proposed to be acquired within two days after the
notice or application is filed with the director.
(6) Any acquisition of control in violation of this section
shall be ineffective and void.
(7) Any person who wilfully or intentionally violates this
section or any rule adopted pursuant thereto is guilty of a
gross misdemeanor and shall be punished pursuant to chapter
9A.20 RCW. Each day's violation shall be considered a separate violation. [1987 c 421 § 5.]
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.730
21.20.730 Debenture companies—Acquisition of
control—Grounds for disapproval. The director may disapprove the acquisition of a debenture company within thirty
days after the filing of a complete application under RCW
21.20.727 or an extended period not exceeding an additional
fifteen days if:
(1) The poor financial condition of any acquiring party
might jeopardize the financial stability of the debenture company or might prejudice the interests of the investors, borrowers, or shareholders;
(2) The plan or proposal of the acquiring party to liquidate the debenture company, to sell its assets, to merge it with
any person, or to make any other major change in its business
or corporate structure or management is not fair and reasonable to the debenture company's investors, borrowers, or
stockholders or is not in the public interest;
(3) The business experience and integrity of any acquiring party who would control the operation of the debenture
company indicates that approval would not be in the interest
of the debenture company's investors, borrowers, or shareholders;
(4) The information provided by the application is insufficient for the director to make a determination or there has
been insufficient time to verify the information provided and
conduct an examination of the qualification of the acquiring
party; or
(5) The acquisition would not be in the public interest.
[1987 c 421 § 6.]
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.732
2 1. 2 0 . 73 2 Deb e nt u r e c o mp an ies —No t ic e o f
charges—Hearing—Cease and desist orders. (1) The
director may issue and serve upon a debenture company a
notice of charges if in the opinion of the director any debenture company:
[Title 21 RCW—page 26]
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the debenture company;
(b) Is violating or has violated RCW 21.20.815,
21.20.820, or 21.20.830, or any rule, order, or condition
adopted or imposed thereunder; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause.
(2) The notice shall contain a statement of the facts constituting the alleged violation or violations or act or acts or
the practice or practices and shall fix a time and place at
which a hearing will be held to determine whether an order to
cease and desist should issue against the debenture company.
The hearing shall be set in accordance with chapter 34.05
RCW.
Unless the debenture company appears at the hearing by
a duly authorized representative, it shall be considered to
have consented to the issuance of the cease and desist order.
If the debenture company is deemed to have consented or if
upon the record made at the hearing the director finds that
any violation, act, or practice specified in the notice of
charges has been established, the director may issue and
serve upon the debenture company an order to cease and
desist from the violation, act, or practice. The order may
require the debenture company and its directors, officers,
controlling persons, employees, and agents to cease and
desist from the violation, act, or practice and may require the
debenture company to take affirmative action to correct the
conditions resulting from the violation, act, or practice.
(3) A cease and desist order shall become effective at the
expiration of ten days after the service of the order upon the
debenture company concerned except that a cease and desist
order issued upon consent shall become effective at the time
specified in the order and shall remain effective as provided
therein unless it is stayed, modified, terminated, or set aside
by action of the director or a reviewing court. [1988 c 244 §
5; 1987 c 421 § 7.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.734
21.20.734 Debenture companies—Temporary cease
and desist orders. Whenever the director determines that
any violation, act, or practice specified in RCW 21.20.732 or
its continuation is likely to cause insolvency or substantial
dissipation of assets or earnings of the debenture company or
to otherwise seriously prejudice the interests of its security
holders, the director may also issue a temporary order requiring the debenture company and its directors, officers, controlling persons, employees, and agents to cease and desist from
the violation, act, or practice. The order shall become effective upon service on the debenture company and shall remain
effective pending the completion of the administrative proceedings under the notice and until such time as the director
dismisses the charges specified in the notice or until the
effective date of a cease and desist order issued against the
debenture company under RCW 21.20.732. [1988 c 244 § 6;
1987 c 421 § 8.]
(2004 Ed.)
Securities Act of Washington
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.740
21.20.740 Reports—Requirements. (1) Every issuer
which has registered securities under Washington state securities law shall file with the director reports described in subsection (2) of this section. Such reports shall be filed with the
director not more than one hundred twenty days (unless
extension of time is granted by the director) after the end of
the issuer's fiscal year.
(2) The reports required by subsection (1) of this section
shall contain such information, statements and documents
regarding the financial and business conditions of the issuer
and the number and description of securities of the issuer held
by its officers, directors and controlling shareholders and
shall be in such form and filed at such annual times as the
director may require by rule or order. For the purposes of
RCW 21.20.720, 21.20.740 and 21.20.745, a "controlling
shareholder" shall mean a person who is directly or indirectly
the beneficial holder of more than ten percent of the outstanding voting securities of an issuer.
(3)(a) The reports described in subsection (2) of this section shall include financial statements corresponding to those
required under the provisions of RCW 21.20.210 and to the
issuer's fiscal year setting forth in comparative form the corresponding information for the preceding year and such
financial statements shall be furnished to all shareholders
within one hundred twenty days (unless extension of time is
granted by the director) after the end of such year, but at least
twenty days prior to the date of the annual meeting of shareholders.
(b) Such financial statements shall be prepared as to
form and content in accordance with rules prescribed by the
director and shall be audited (except that financial statements
filed prior to July 1, 1976 need be audited only as to the most
recent fiscal year) by an independent certified public accountant who is not an employee, officer or member of the board
of directors of the issuer or a holder of securities of the issuer.
The report of such independent certified public accountant
shall be based upon an audit made in accordance with generally accepted auditing standards with no limitations on its
scope.
(4) The director may by rule or order exempt any issuer
or class of issuers from this section for a period of up to one
year if the director finds that the filing of any such report by
a specific issuer or class of issuers is not necessary for the
protection of investors and the public interest.
(5) For the purposes of RCW 21.20.740 and 21.20.745,
"issuer" does not include issuers of:
(a) Securities registered by the issuer pursuant to section
12 of the securities and exchange act of 1934 as now or hereafter amended or exempted from registration under that act
on a basis other than the number of shareholders and total
assets.
(b) Securities which are held of record by less than two
hundred persons or whose total assets are less than $500,000
at the close of the issuer's fiscal year.
(6) Any issuer who has been required to file under RCW
21.20.740 and who subsequently becomes excluded from the
(2004 Ed.)
21.20.750
definition of "issuer" by virtue of RCW 21.20.740(5) must
file a certification setting forth the basis on which they claim
to no longer be an issuer within the meaning of this chapter.
(7) The reports filed under this section shall be filed and
maintained by the director for public inspection. Any person
is entitled to receive copies thereof from the director upon
payment of the reasonable costs of duplication.
(8) Filing of reports pursuant to this section shall not
constitute an approval thereof by the director or a finding by
the director that the report is true, complete and not misleading. It shall be unlawful to make, or cause to be made, to any
prospective purchaser, seller, customer or client, any representation inconsistent with this subsection. [1997 c 101 § 1;
1979 ex.s. c 68 § 42; 1973 1st ex.s. c 171 § 11.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.745 Reports—Violations of reporting requirements—Penalties—Contribution. (1) It is unlawful for any
person, including the officers and directors of any issuer, to
fail to file a report required by RCW 21.20.740 or to file any
such report which contains an untrue statement of a material
fact or an omission to state a material fact necessary in order
to make the statements made, in light of the circumstances
under which they are made, not misleading unless such person did not know, and in the exercise of reasonable care could
not have known, of the failure, untruth or omission. In addition to any other penalties or remedies provided by chapter
21.20 RCW, each officer and director of an issuer which violates this subsection shall be personally liable for damages as
provided in subsection (2) of this section if such officer or
director:
(a) Had actual notice of the issuer's duty to file reports;
(b) Knew, or in the exercise of reasonable care could
have known of the violation; and
(c) Could have prevented the violation.
(2) Any issuer and other person who violate subsection
(1) of this section shall be liable jointly and severally for the
damages occasioned by such violation, together with reasonable attorney fees and costs to any person who, during the
continuation of the violation and without actual notice of the
violation, purchases or sells any securities of the issuer within
six months following the date the violation commenced.
(3) No suit or action may be commenced under subsection (2) of this section more than one year after the purchase
or sale.
(4) Any person held liable under this section shall be
entitled to contribution from those jointly and severally liable
with that person. [1979 ex.s. c 68 § 43; 1973 1st ex.s. c 171
§ 12.]
21.20.745
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.750
21.20.750 Reports—Suspension of sale of securities
until reporting requirements complied with. In case of a
violation of RCW 21.20.740 and 21.20.745, the director may
suspend sale or trading by or through a broker-dealer of the
securities of the issuer until the failure to file a report or statement or the inaccuracy or omissions in any report or statement are remedied as determined by the director. [1973 1st
ex.s. c 171 § 13.]
[Title 21 RCW—page 27]
21.20.800
Title 21 RCW: Securities and Investments
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.800
21.20.800 Severability—1973 1st ex.s. c 171. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1973 1st ex.s. c 171 § 15.]
21.20.805
21.20.805 Effective date—Construction—1973 1st
ex.s. c 171. This 1973 amendatory act shall take effect on
January 1, 1975: PROVIDED HOWEVER, That debenture
companies registered pursuant to chapter 21.20 RCW as of
January 1, 1974, and for which there are no stop orders outstanding shall have until January 1, 1975, to comply with the
requirements of section 7 of this 1973 amendatory act. [1973
1st ex.s. c 171 § 14.]
21.20.810
21.20.810 Application of chapter not limited. Nothing in RCW 21.20.700 through 21.20.750 and 21.20.815
through 21.20.855 limits the application of other provisions
of this chapter. [1988 c 244 § 7.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
21.20.815
21.20.815 Debenture companies—Equity investments. (1) A debenture company shall not, without prior
written consent of the director:
(a) Make equity investments in a single project or subsidiary of more than ten percent of its assets or of more than
its net worth, whichever is greater; or
(b) Make equity investments, including investments in
subsidiaries, other than investments in income-producing real
property, which in the aggregate exceed twenty percent of its
assets.
(2) For the purposes of this section, an equity investment
does not include any acquisition of real property in satisfaction, or on account, of debts previously contracted in the regular course of the debenture company's business, or in satisfaction of judgments, vendors' interests in real property contracts, or liens if the real property has not been held by the
debenture company for more than three years from the date it
was acquired and any additional time permitted by the director. [1988 c 244 § 8.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
21.20.820
21.20.820 Debenture companies—Loans to any one
borrower—Limitations. (1) Except as provided in subsection (3) of this section, a debenture company shall not loan or
invest in a loan or loans to any one borrower more than two
and one-half percent of the debenture company's assets without prior written consent of the director.
(2) For the purpose of this section, loans made to affiliates of the borrower are deemed to have been made to the
borrower.
(3)(a) If good cause is shown, the director may waive in
whole or in part the limitation in subsection (1) of this section.
(b) A loan or obligation shall not be subject to the limitation in subsection (1) of this section to the extent that the loan
[Title 21 RCW—page 28]
is secured or covered by guarantee, or by commitment or
agreement to take over or to purchase the loan, made by any
federal reserve bank or by the United States or any department, bureau, board, commission, or establishment of the
United States, including any corporation wholly owned
directly or indirectly by the United States. [1988 c 244 § 9.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
21.20.825
21.20.825 Debenture companies—Bad debts. (1) Any
debt due a debenture company on which interest is one year
or more past due and unpaid shall be considered a bad debt
and shall be charged off the books of the debenture company
unless:
(a) Such debt is well-secured and in the course of collection by legal process or probate proceedings; or
(b) Such debt is represented or secured by bonds having
a determinable market value currently quoted on a national
securities exchange, provided that in such case, such bonds
shall be carried on the books of the debenture company at
such value as the director may from time to time direct, but in
no event may such carrying value exceed the market value
thereof.
(2) A final judgment held by a debenture company shall
not be considered an asset of the debenture company after
two years from the date of its entry excluding any time for
appeal unless extended by the director in writing for a specified period. [1988 c 244 § 10.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
21.20.830
21.20.830 Debenture companies—Investments in
unsecured loans. (1) A debenture company shall not invest
more than twenty percent of its assets in unsecured loans.
(2)(a) Except as provided in (b) of this subsection, a loan
shall be deemed unsecured if the ascertained market value of
the collateral securing the loan does not exceed one hundred
twenty-five percent of the loan and all senior indebtedness.
(b) A loan shall not be deemed unsecured to the extent
that the loan is guaranteed or insured by the federal housing
administration, the administrator of veterans' affairs, the
farmers home administration, or an insurer authorized to do
business in this state, or any other guarantor or insurer
approved by the director. [1988 c 244 § 11.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
21.20.835
21.20.835 Debenture companies—Debenture holders—Notice of maturity date of debenture. Every debenture company shall notify each of its debenture holders of the
maturity date of the holder's debenture by sending a notice to
the holder not more than forty-five days nor less than fifteen
days prior to the maturity date of the debenture at the holder's
last known address. [1988 c 244 § 12.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
21.20.840
21.20.840 Debenture companies—Annual financial
statement. A debenture company shall send annually and in
a timely manner either a copy of its annual financial statements or a summary of its financial statements for the most
(2004 Ed.)
Securities Act of Washington
21.20.930
recent fiscal year to each debenture holder at the debenture
holder's last known address. If a summary is sent, the debenture company shall make available to any debenture holder
upon request a copy of its complete annual financial statements for its most recent fiscal year. [1988 c 244 § 13.]
cumstance is held invalid, the invalidity shall not affect other
provisions or applications of the chapter which can be given
effect without the invalid provision or application, and to this
end the provisions of this chapter are severable. [1959 c 282
§ 62.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
REPEAL AND SAVING PROVISIONS
21.20.845
21.20.845 Debenture companies—Rules. The director
may adopt rules to govern examinations and reports of
debenture companies and to otherwise govern the administration of debenture companies under this chapter. [1988 c 244
§ 14.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
21.20.850
21.20.850 Debenture companies—Record maintenance and preservation—Examination. Every debenture
company shall make and keep such accounts and other
records as shall be prescribed by the director. All records so
required shall be preserved for three years unless the director
prescribes otherwise for particular types of records. All the
records of a debenture company are subject at any time or
from time to time to such reasonable periodic, special, or
other examinations by representatives of the director, within
or without this state, as the director deems necessary or
appropriate in the public interest or for protection of investors. [1988 c 244 § 15.]
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
21.20.855
21.20.855 Debenture companies—Examination
reports and information—Exempt from public disclosure—Use in civil actions. (1) Examination reports and
information obtained by the director or the director's representatives in conducting examinations pursuant to RCW
21.20.700 shall not be subject to public disclosure under
chapter 42.17 RCW.
(2) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director. [1988 c 244 § 16.]
21.20.910
21.20.910 Saving—Civil, criminal proceedings. Prior
law exclusively governs all suits, actions, prosecutions, or
proceedings which are pending or may be initiated on the
basis of facts or circumstances occurring before the effective
date of this chapter, except that no civil suit or action may be
maintained to enforce any liability under prior law unless
brought within any period of limitation which applied when
the cause of action accrued and in any event within two years
after the *effective date of this chapter. [1959 c 282 § 63.]
*Reviser's note: The "effective date of this chapter" is midnight June
10, 1959, see preface 1959 session laws.
21.20.915
21.20.915 Saving—Prior effective registrations. All
effective registrations under prior law and all conditions
imposed upon such registrations remain in effect so long as
they would have remained in effect if they had become effective under this chapter. They are considered to have been
filed, entered, or imposed under this chapter. All dealers who
are duly registered as brokers and all salespersons and issuers' agents who are duly registered as agents under said securities act, mining act or oil and mining leases act, on the
*effective date of this chapter shall be deemed to be duly registered under and subject to the provisions of this chapter,
such registration to expire on the 30th day of June of the year
in which this chapter becomes effective and to be subject to
renewal as provided in this chapter. [1979 ex.s. c 68 § 44;
1959 c 282 § 64.]
*Reviser's note: The "effective date of this chapter" is midnight June
10, 1959, see preface 1959 session laws.
21.20.920
21.20.920 Application of prior law. Prior law applies
in respect to any offer or sale made within one year after the
*effective date of this chapter pursuant to an offering begun
in good faith before its effective date on the basis of an
exemption available under prior law. [1959 c 282 § 65.]
*Reviser's note: The "effective date of this chapter" is midnight June
10, 1959, see preface 1959 session laws.
21.20.925
Severability—Effective date—Implementation—Application—
1988 c 244: See notes following RCW 21.20.700.
STATUTORY POLICY
21.20.900
21.20.900 Construction to secure uniformity. This
chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it
and to coordinate the interpretation and administration of this
chapter with the related federal regulation. [1959 c 282 § 61.]
21.20.925 Judicial review of prior administrative
orders. Judicial review of all administrative orders as to
which review proceedings have not been instituted by the
*effective date of this chapter are governed by RCW
21.20.440 except that no review proceeding may be instituted
unless the petition is filed within any period of limitation
which applied to a review proceeding when the order was
entered and in any event within sixty days after the *effective
date of this chapter. [1959 c 282 § 66.]
*Reviser's note: The "effective date of this chapter" is midnight June
10, 1959, see preface 1959 session laws.
SEVERABILITY OF PROVISIONS
21.20.930
21.20.905
21.20.905 Severability—1959 c 282. If any provision
of this chapter or the application thereof to any person or cir(2004 Ed.)
21.20.930 Solicitation permits under insurance laws
not limited. Nothing in this chapter shall in any way limit
the provisions of RCW 48.06.030. [1959 c 282 § 67.]
[Title 21 RCW—page 29]
21.20.935
Title 21 RCW: Securities and Investments
21.20.935 Repealer. The following acts and parts of
acts are hereby repealed:
(1) Chapter 69, Laws of 1923; chapter 97, Laws of 1935;
chapter 182, Laws of 1937; chapter 124, Laws of 1939; chapter 169, Laws of 1943; chapter 231, Laws of 1943; chapter
189, Laws of 1947; chapter 150, Laws of 1949; chapter 230,
Laws of 1951; and RCW 21.04.010 through 21.04.220; and
(2) Chapter 178, Laws of 1937; chapter 64, Laws of
1951; and RCW 21.08.010 through 21.08.120; and
(3) Chapter 110, Laws of 1939 and RCW 21.12.010
through 21.12.080. [1959 c 282 § 68.]
21.20.935
SHORT TITLE
21.20.940 Short title. This chapter shall be known as
"The Securities Act of Washington." [1959 c 282 § 69.]
21.20.940
Chapter 21.30
Chapter 21.30 RCW
COMMODITY TRANSACTIONS
21.30.380
21.30.390
21.30.400
21.30.800
21.30.810
21.30.900
21.30.901
Administration of chapter under director of financial institutions.
Administrator—Appointment—Delegation of duties—Term.
Director's powers and duties—Rules, forms, and orders—
Fees.
Securities laws not affected.
Construction and purpose.
Severability—1986 c 14.
Effective date—1986 c 14.
Reviser's note: Powers, duties, and functions of the department of
licensing relating to chapter 21.30 RCW were transferred to the department
of financial institutions by 1993 c 472, effective October 1, 1993. See RCW
43.320.011.
Agricultural commodities: Chapter 22.09 RCW.
21.30.005
21.30.005 Intent. The legislature intends that this chapter, and any rules, regulations, or orders promulgated pursuant hereto, apply to transactions in commodities which constitute commodity contracts or commodity options as defined
in this chapter, unless the context clearly requires otherwise.
[1987 c 243 § 1.]
21.30.010
Sections
21.30.005
21.30.010
21.30.020
21.30.030
21.30.040
21.30.050
21.30.060
21.30.070
21.30.080
21.30.090
21.30.100
21.30.110
21.30.120
21.30.130
21.30.140
21.30.150
21.30.160
21.30.170
21.30.180
21.30.190
21.30.200
21.30.210
21.30.220
21.30.230
21.30.240
21.30.250
21.30.260
21.30.270
21.30.280
21.30.290
21.30.300
21.30.310
21.30.320
21.30.330
21.30.340
21.30.350
21.30.360
21.30.370
Intent.
Definitions.
Transactions involving commodity contract or option—Prohibition—Exceptions.
Transactions conducted by certain persons exempt from prohibition under RCW 21.30.020.
Transactions and contracts exempt from prohibition under
RCW 21.30.020—Rules.
Commodity merchants—Place for trading commodity contract
or option—Requirements.
Prohibited practices.
Responsibility for acts or omissions—Liability—Burden of
proof.
Offers to sell or buy in this state—Application of RCW
21.30.020, 21.30.050, and 21.30.060.
When publications or electronic communications not deemed
offers to sell or buy in this state.
Investigations—Statements—Publication of information.
Investigations—Evidence—Subpoenas—Court orders of
compliance.
Violations—Director's authority—Court actions—Penalties.
Violations—Court-ordered remedies—Penalties—Bond by
director not required.
Willful violations—Penalty—Limitation on actions.
No liability under chapter for act in good faith.
Unlawful use or disclosure of information.
Information—Availability to public—Exceptions.
Cooperation with other agencies or organizations.
Consent for service of process—Service, how made.
Administrative proceedings—Summary order—Notice—
Hearing—Final order.
Application of chapter 34.05 RCW, the administrative procedure act.
Pleading exemptions or exceptions—Burden of proof.
Application for licensing.
Fees.
Examinations—Waiver.
Expiration of licenses—Authority under commodity sales representative license—Notification of changes.
Multiple licenses, when permitted.
Classification of licenses—Limitations and conditions of
licenses.
Annual report and fee.
Minimum net capital and fidelity bond requirements.
Financial and other reports.
Records.
Correcting amendments of information in application or financial and other reports—Exception.
Examination of records—Copies—Fees.
Denial, suspension, revocation, or limitation of license—
Grounds.
Violations—Prosecuting attorney may bring criminal proceedings.
Penalties in chapter nonexclusive.
[Title 21 RCW—page 30]
21.30.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrator" means the person designated by the
director in accordance with the provisions of RCW
21.30.390.
(2) "Board of trade" means any person or group of persons engaged in buying or selling any commodity or receiving any commodity for sale on consignment, whether such
person or group of persons is characterized as a board of
trade, exchange, or other form of marketplace.
(3) "Director" means the director of financial institutions.
(4) "Commodity broker-dealer" means, for the purposes
of registration in accordance with this chapter, any person
engaged in the business of making offers, sales, or purchases
of commodities under commodity contracts or under commodity options.
(5) "Commodity sales representative" means, for the
purposes of registration in accordance with this chapter, any
person authorized to act and acting for a commodity brokerdealer in effecting or attempting to effect a transaction in a
commodity contract or commodity option.
(6) "Commodity exchange act" means the act of congress known as the commodity exchange act, as amended,
codified at 7 U.S.C. Sec. 1 et seq.
(7) "Commodity futures trading commission" means the
independent regulatory agency established by congress to
administer the commodity exchange act.
(8) "CFTC rule" means any rule, regulation, or order of
the commodity futures trading commission in effect on October 1, 1986, and all subsequent amendments, additions, or
other revisions thereto, unless the administrator, within ten
days following the effective date of any such amendment,
addition, or revision, disallows the application thereof by rule
or order.
(9) "Commodity" means, except as otherwise specified
by the director by rule or order, any agricultural, grain, or
livestock product or by-product, any metal or mineral
(including a precious metal set forth in subsection (17) of this
section), any gem or gemstone (whether characterized as pre(2004 Ed.)
Commodity Transactions
cious, semiprecious, or otherwise), any fuel (whether liquid,
gaseous, or otherwise), any foreign currency, and all other
goods, articles, products, or items of any kind. However, the
term commodity does not include (a) a numismatic coin
whose fair market value is at least fifteen percent higher than
the value of the metal it contains, (b) real property or any timber, agricultural, or livestock product grown or raised on real
property and offered or sold by the owner or lessee of such
real property, or (c) any work of art offered or sold by art
dealers, at public auction, or offered or sold through a private
sale by the owner thereof.
(10) "Commodity contract" means any account, agreement, or contract for the purchase or sale, primarily for speculation or investment purposes and not for use or consumption by the offeree or purchaser, of one or more commodities,
whether for immediate or subsequent delivery or whether
delivery is intended by the parties, and whether characterized
as a cash contract, deferred shipment or deferred delivery
contract, forward contract, futures contract, installment or
margin contract, leverage contract, or otherwise. Any commodity contract offered or sold shall, in the absence of evidence to the contrary, be presumed to be offered or sold for
speculation or investment purposes. A commodity contract
shall not include any contract or agreement which requires,
and under which the purchaser receives, within twenty-eight
calendar days from the payment in good funds of any portion
of the purchase price, physical delivery of the total amount of
each commodity to be purchased under the contract or agreement.
(11) "Commodity option" means any account, agreement, or contract giving a party thereto the right to purchase
or sell one or more commodities and/or one or more commodity contracts, whether characterized as an option, privilege, indemnity, bid, offer, put, call, advance guaranty,
decline guaranty or otherwise, but does not include a commodity option traded on a national securities exchange registered with the United States securities and exchange commission.
(12) "Commodity merchant" means any of the following, as defined or described in the commodity exchange act
or by CFTC rule:
(a) Futures commission merchant;
(b) Commodity pool operator;
(c) Commodity trading advisor;
(d) Introducing broker;
(e) Leverage transaction merchant;
(f) An associated person of any of the foregoing;
(g) Floor broker; and
(h) Any other person (other than a futures association)
required to register with the commodity futures trading commission.
(13) "Financial institution" means a bank, savings institution, or trust company organized under, or supervised pursuant to, the laws of the United States or of any state.
(14) "Offer" or "offer to sell" includes every offer, every
attempt to offer to dispose of, or solicitation of an offer to
buy, to purchase, or to acquire, for value.
(15) "Sale" or "sell" includes every sale, contract of sale,
contract to sell, or disposition, for value.
(16) "Person" means an individual, a corporation, a partnership, an association, a joint-stock company, a trust where
(2004 Ed.)
21.30.030
the interests of the beneficiaries are evidenced by a security,
an unincorporated organization, a government, or a political
subdivision of a government, but does not include a contract
market designated by the commodity futures trading commission or any clearinghouse thereof or a national securities
exchange registered with the United States securities and
exchange commission (or any employee, officer, or director
of such contract market, clearinghouse, or exchange acting
solely in that capacity).
(17) "Precious metal" means:
(a) Silver, in either coin, bullion, or other form;
(b) Gold, in either coin, bullion, or other form;
(c) Platinum, in either coin, bullion, or other form; and
(d) Such other items as the director may specify by rule
or order. [1997 c 101 § 2; 1994 c 92 § 5; 1987 c 243 § 2; 1986
c 14 § 1.]
21.30.020
21.30.020 Transactions involving commodity contract or option—Prohibition—Exceptions. Except as otherwise provided in RCW 21.30.030 and 21.30.040, no person
may sell or purchase or offer to sell or purchase any commodity under any commodity contract or under any commodity
option or offer to enter into or enter into as seller or purchaser
any commodity contract or any commodity option. [1986 c
14 § 2.]
21.30.030
21.30.030 Transactions conducted by certain persons
exempt from prohibition under RCW 21.30.020. The prohibition in RCW 21.30.020 does not apply to any transaction
offered by and in which any of the following persons (or any
employee, officer, or director thereof acting solely in that
capacity) is the purchaser or seller:
(1) A person registered with the commodity futures trading commission as a futures commission merchant or as a
leverage transaction merchant but only as to those activities
that require such registration;
(2) A person affiliated with, and whose obligations and
liabilities are guaranteed by, a person referred to in subsection (1) or (5) of this section;
(3) A person who is a member of a contract market designated by the commodity futures trading commission (or
any clearinghouse thereof);
(4) A financial institution;
(5) A person registered under chapter 21.20 RCW as a
securities broker-dealer holding a general securities license
whose activities require such registration;
(6) A person registered as a commodity broker-dealer or
commodity sales representative in accordance with this chapter; or
(7) Any person who meets all of the following conditions:
(a) Prior to engaging in any transaction which would otherwise be prohibited under RCW 21.30.020, the person:
(i) Files a claim of exemption on a form prescribed by
the director; and
(ii) Files a consent to service of process pursuant to
RCW 21.30.190;
(b) The person files a renewal of a claim for exemption
not less than every two years on a form prescribed by the
director;
[Title 21 RCW—page 31]
21.30.040
Title 21 RCW: Securities and Investments
(c) The person engages only in those commodity transactions in which the purchaser pays, and the seller receives, one
hundred percent of the purchase price in cash or cash equivalent within ten days of the contract of sale;
(d) The person receives no more than twenty-five percent of the total dollar amount of its gross sales of commodities in any fiscal year from commodity contracts or commodity options;
(e) The person's gross profit on all transactions in commodity contracts or commodity options does not exceed five
hundred thousand dollars in the fiscal year immediately preceding any year for which the person claims the exemption
contained in this subsection, or one million dollars in the two
fiscal years immediately preceding any year for which the
person claims the exemption;
(f) The person maintains standard property and casualty
insurance in an amount sufficient to cover the value of commodities stored for customers.
"Registered," for the purposes of this section, means
holding a registration that has not expired, been suspended,
or been revoked. The exemptions under this section shall not
apply to any transaction or activity which is prohibited by the
commodity exchange act or CFTC rule. [1987 c 243 § 3;
1986 c 14 § 3.]
21.30.040 Transactions and contracts exempt from
prohibition under RCW 21.30.020—Rules. (1) The prohibition in RCW 21.30.020 does not apply to the following:
(a) An account, agreement, or transaction within the
exclusive jurisdiction of the commodity futures trading commission as granted under the commodity exchange act;
(b) A commodity contract for the purchase of one or
more precious metals in which, within seven calendar days
from the payment in good funds of any portion of the purchase price, the quantity of precious metals purchased by the
payment is delivered (whether in specifically segregated or
fungible bulk form) into the possession of a depository (other
than the seller) which is either (i) a financial institution, (ii) a
depository the warehouse receipts of which are recognized
for delivery purposes for any commodity on a contract market designated by the commodity futures trading commission, (iii) a storage facility licensed or regulated by the
United States or any agency thereof, or (iv) a depository designated by the director, and the depository (or other person
which itself qualifies as a depository as aforesaid) issues and
the purchaser receives, a certificate, document of title, confirmation, or other instrument evidencing that the quantity of
precious metals has been delivered to the depository and is
being and will continue to be held by the depository on the
purchaser's behalf, free and clear of all liens and encumbrances, other than liens of the purchaser, tax liens, liens
agreed to by the purchaser, or liens of the depository for fees
and expenses, which have previously been disclosed to the
purchaser;
(c) A commodity contract solely between persons
engaged in producing, processing, using commercially, or
handling as merchants each commodity subject thereto, or
any by-products thereof; or
(d) A commodity contract under which the offeree or the
purchaser is a person referred to in RCW 21.30.030, a person
registered with the federal securities and exchange commis21.30.040
[Title 21 RCW—page 32]
sion as a broker-dealer, an insurance company, an investment
company as defined in the federal investment company act of
1940, or an employee pension and profit sharing or benefit
plan (other than a self-employed individual retirement plan,
or individual retirement account).
(2) The director may issue rules or orders prescribing the
terms and conditions of all transactions and contracts covered
by this chapter which are not within the exclusive jurisdiction
of the commodity futures trading commission as granted by
the commodity exchange act, exempting any person or transaction from any provision of this chapter conditionally or
unconditionally and otherwise implementing this chapter for
the protection of purchasers and sellers of commodities.
[1987 c 243 § 4; 1986 c 14 § 4.]
21.30.050
21.30.050 Commodity merchants—Place for trading
commodity contract or option—Requirements. (1) No
person may engage in a trade or business or otherwise act as
a commodity merchant unless the person (a) is registered or
temporarily licensed with the commodity futures trading
commission for each activity constituting the person as a
commodity merchant and the registration or temporary
license has not expired, been suspended, or been revoked; or
(b) is exempt from such registration by virtue of the commodity exchange act or a CFTC rule.
(2) No board of trade may trade, or provide a place for
the trading of, any commodity contract or commodity option
required to be traded on or subject to the rules of a contract
market designated by the commodity futures trading commission unless the board of trade has been so designated for the
commodity contract or commodity option and the designation has not been vacated, suspended, or revoked. [1986 c 14
§ 5.]
21.30.060
21.30.060 Prohibited practices. No person may
directly or indirectly, in or in connection with the purchase or
sale of, the offer to sell, the offer to enter into, or the entry
into of, any commodity contract or commodity option subject
to RCW 21.30.020, 21.30.030, 21.30.040(1)(b), or
21.30.040(1)(d):
(1) Cheat or defraud, or attempt to cheat or defraud, any
other person or employ any device, scheme, or artifice to
defraud any other person;
(2) Make any false report, enter any false record, or make
any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in
the light of the circumstances under which they were made,
not misleading;
(3) Engage in any transaction, act, practice, or course of
business, including, without limitation, any form of advertising or solicitation, that operates or would operate as a fraud or
deceit upon any person; or
(4) Misappropriate or convert the funds, security, or
property of any other person. [1986 c 14 § 6.]
21.30.070
21.30.070 Responsibility for acts or omissions—Liability—Burden of proof. (1) The act, omission, or failure of
any official, agent, or other person acting for any individual,
association, partnership, corporation, or trust within the
scope of the person's employment or office shall be deemed
(2004 Ed.)
Commodity Transactions
the act, omission, or failure of such individual, association,
partnership, corporation, or trust, as well as of such official,
agent, or other person.
(2) Every person who directly or indirectly controls
another person liable under any provision of this chapter,
every partner, officer, or director of such other person, every
person occupying a similar status or performing similar functions, every employee of such other person who materially
aids in the violation is also liable jointly and severally with
and to the same extent as such other person, unless the person
who is also liable by virtue of this provision sustains the burden of proof that he or she did not know, and in exercise of
reasonable care could not have known, of the existence of the
facts by reason of which the liability is alleged to exist. [1986
c 14 § 7.]
21.30.080
21.30.080 Offers to sell or buy in this state—Application of RCW 21.30.020, 21.30.050, and 21.30.060. (1)
RCW 21.30.020, 21.30.050, and 21.30.060 apply to persons
who sell or offer to sell when an offer to sell is made in this
state or an offer to buy is made and accepted in this state.
(2) RCW 21.30.020, 21.30.050, and 21.30.060 apply to
persons who buy or offer to buy when an offer to buy is made
in this state or an offer to sell is made and accepted in this
state.
(3) For the purpose of this section, an offer to sell or to
buy is made in this state, whether or not either party is then
present in this state, when the offer originates from this state
or is directed by the offeror to this state and received at the
place to which it is directed, or at any post office in this state
in the case of a mailed offer.
(4) For the purpose of this section, an offer to buy or to
sell is accepted in this state when acceptance is communicated to the offeror in this state and has not previously been
communicated to the offeror, orally or in writing, outside this
state, or whether or not either party is then present in this
state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is
received at the place to which it is directed, or at any post
office in this state in the case of a mailed acceptance. [1986
c 14 § 8.]
21.30.090
21.30.090 When publications or electronic communications not deemed offers to sell or buy in this state. (1)
For the purpose of RCW 21.30.080, an offer to sell or to buy
is not made in this state when the publisher circulates or there
is circulated on his behalf in this state in any bona fide newspaper or other publication of general, regular, and paid circulation, which is not published in this state, an offer to sell or
to buy that is reasonably calculated to solicit only persons
outside this state and not to solicit persons in this state.
(2) For the purpose of RCW 21.30.080, an offer to sell or
to buy is not made in this state when a radio or television program or other electronic communication originating outside
this state is received in this state and the offer to sell or to buy
is reasonably calculated to solicit only persons outside this
state and not to solicit persons in this state. [1986 c 14 § 9.]
21.30.100
21.30.100 Investigations—Statements—Publication
of information. The director in the director's discretion:
(2004 Ed.)
21.30.120
(1) May make such public or private investigations,
within or without the state, as the director finds necessary or
appropriate to determine whether any person has violated, or
is about to violate, any provision of this chapter or any rule or
order of the director or to aid in enforcement of this chapter;
(2) May require or permit any person to file a statement
in writing, under oath or otherwise as the director may determine; and
(3) May publish information concerning any violation of
this chapter or any rule or order under this chapter. [1986 c
14 § 10.]
21.30.110
21.30.110 Investigations—Evidence—Subpoenas—
Court orders of compliance. (1) For purposes of any investigation or proceeding under this chapter, the director or any
officer or employee designated by the director, may administer oaths and affirmations, subpoena witnesses, compel their
attendance, take evidence, and require the production of any
books, papers, correspondence, memoranda, agreements, or
other documents or records which the director finds to be relevant or material to the inquiry.
(2) If a person does not give testimony or produce the
documents required by the director or a designated employee
pursuant to a lawfully issued administrative subpoena, the
director or designated employee may apply for a court order
compelling compliance with the subpoena or the giving of
the required testimony. The request for an order of compliance may be addressed to either: (a) The superior court of
Thurston county or the superior court where service may be
obtained on the person refusing to testify or produce, if the
person is within this state; or (b) the appropriate court of the
state having jurisdiction over the person refusing to testify or
produce, if the person is outside the state. [1986 c 14 § 11.]
21.30.120
21.30.120 Violations—Director's authority—Court
actions—Penalties. (1) If the director believes, whether or
not based upon an investigation conducted under RCW
21.30.100 or 21.30.110, that a person has engaged or is about
to engage in an act or practice constituting a violation of this
chapter or any rule or order hereunder, the director may:
(a) Issue a cease and desist order;
(b) Initiate any of the actions specified in subsection (2)
of this section;
(c) Issue an order imposing a civil penalty in an amount
which may not exceed ten thousand dollars for any single
violation or one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings;
or
(d) Take disciplinary action against a licensed person as
specified in RCW 21.30.350.
(2) The director may institute any of the following
actions in the appropriate courts of the state, or in the appropriate courts of another state, in addition to any legal or equitable remedies otherwise available:
(a) A declaratory judgment;
(b) An action for a prohibitory or mandatory injunction
to enjoin the violation and to ensure compliance with this
chapter or any rule or order of the director;
(c) An action for disgorgement; or
[Title 21 RCW—page 33]
21.30.130
Title 21 RCW: Securities and Investments
(d) An action for appointment of a receiver or conservator for the defendant or the defendant's assets.
(3) In any action under subsection (2) of this section if
the director prevails, the director shall be entitled to costs and
to reasonable attorneys' fees to be fixed by the court. [1986 c
14 § 12.]
21.30.130
21.30.130 Violations—Court-ordered remedies—
Penalties—Bond by director not required. (1)(a) Upon a
proper showing by the director that a person has violated, or
is about to violate, this chapter or any rule or order of the
department, the superior court may grant appropriate legal or
equitable remedies.
(b) Upon showing of violation of this chapter or a rule or
order of the director or administrator, the court, in addition to
legal and equitable remedies otherwise available, including
temporary restraining orders, permanent or temporary prohibitory or mandatory injunctions, and writs of prohibition or
mandamus, may grant the following special remedies:
(i) Imposition of a civil penalty in an amount which may
not exceed ten thousand dollars for any single violation or
one hundred thousand dollars for multiple violations in a single proceeding or a series of related proceedings;
(ii) Disgorgement;
(iii) Declaratory judgment;
(iv) Restitution to investors wishing restitution; and
(v) Appointment of a receiver or conservator for the
defendant or the defendant's assets.
(c) Appropriate remedies when the defendant is shown
only about to violate this chapter or a rule or order of the
department shall be limited to:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction; or
(iii) A writ of prohibition or mandamus.
(2) The court shall not require the director to post a bond
in any official action under this chapter. [1986 c 14 § 13.]
21.30.140
21.30.140 Willful violations—Penalty—Limitation
on actions. A person who willfully violates this chapter, or
who willfully violates a rule or order under this chapter, is
guilty of a class B felony and shall upon conviction be fined
not more than twenty thousand dollars or imprisoned not
more than ten years, or both. However, no person may be
imprisoned for the violation of a rule or order if the person
proves that he or she had no knowledge of the rule or order.
No indictment or information may be returned under this
chapter more than five years after the alleged violation.
[2003 c 53 § 164; 1986 c 14 § 14.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
21.30.150
21.30.150 No liability under chapter for act in good
faith. No provision of this chapter imposing any liability
applies to any act done or omitted in good faith in conformity
with a rule, order, or form adopted by the director, notwithstanding that the rule, order, or form may later be amended,
or rescinded, or be determined by judicial or other authority
to be invalid for any reason. [1986 c 14 § 15.]
[Title 21 RCW—page 34]
21.30.160 Unlawful use or disclosure of information.
Neither the director nor any employee of the director shall
use any information which is filed with or obtained by the
department which is not public information for personal gain
or benefit, nor shall the director nor any employee of the
director conduct any securities or commodity dealings whatsoever based upon any such information, even though public,
if there has not been a sufficient period of time for the securities or commodity markets to assimilate the information.
[1986 c 14 § 17.]
21.30.160
21.30.170 Information—Availability to public—
Exceptions. (1) All information collected, assembled, or
maintained by the director under this chapter is public information and is available for the examination of the public as
provided by chapter 42.17 RCW except the following:
(a) Information obtained in private investigations pursuant to RCW 21.30.100 or 21.30.110;
(b) Information exempt from public disclosure under
chapter 42.17 RCW; and
(c) Information obtained from federal or state agencies
which may not be disclosed under federal or state law.
(2) The director in the director's discretion may disclose
any information made confidential under subsection (1)(a) of
this section to persons identified in RCW 21.30.180.
(3) No provision of this chapter either creates or derogates from any privilege which exists at common law, by
statute, or otherwise when any documentary or other evidence is sought under subpoena directed to the director or any
employee of the director. [1986 c 14 § 18.]
21.30.170
21.30.180 Cooperation with other agencies or organizations. (1) To encourage uniform application and interpretation of this chapter and securities and commodities regulation and enforcement in general, the director and the employees of the director may cooperate, including bearing the
expense of the cooperation, with the securities agencies or
administrators of another jurisdiction, Canadian provinces, or
territories or such other agencies administering this chapter
or similar statutes, the commodity futures trading commission, the federal securities and exchange commission, any
self-regulatory organization established under the commodity exchange act or the securities exchange act of 1934, any
national or international organization of commodities or
securities officials or agencies, and any governmental law
enforcement agency.
(2) The cooperation authorized by subsection (1) of this
section shall include, but need not be limited to, the following:
(a) Making joint examinations or investigations;
(b) Holding joint administrative hearings;
(c) Filing and prosecuting joint litigation;
(d) Sharing and exchanging information and documents;
(e) Formulating and adopting mutual regulations, statements of policy, guidelines, proposed statutory changes and
releases; and
(f) Issuing and enforcing subpoenas at the request of the
agency administering similar statutes in another jurisdiction,
the securities agency of another jurisdiction, the commodity
futures trading commission or the federal securities and
exchange commission if the information sought would also
21.30.180
(2004 Ed.)
Commodity Transactions
be subject to lawful subpoena for conduct occurring in this
state. [1986 c 14 § 19.]
21.30.190
21.30.190 Consent for service of process—Service,
how made. (1) Every applicant for registration under this
chapter or person filing a claim of exemption under RCW
21.30.030(7) shall file with the administrator in such form as
the administrator by rule prescribes, an irrevocable consent
appointing the administrator or successor in office to be his or
her attorney to receive service of any lawful process in any
noncriminal suit, action, or proceeding against the applicant
or successor executor or administrator which arises under this
chapter or any rule or order hereunder after the consent has
been filed, with the same force and validity as if served personally on the person filing the consent. Service may be made
by leaving a copy of the process in the office of the administrator, but it is not effective unless (a) the plaintiff, who may
be the administrator in a suit, action, or proceeding instituted
by the administrator, forthwith sends notice of the service and
a copy of the process by registered mail to the defendant or
respondent at the last address on file with the administrator,
and (b) the plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the
process, if any, or within such further time as the court
allows.
(2) If a person, including a nonresident of this state,
engages in conduct prohibited or made actionable by this
chapter or any rule or order of the director, the engaging in
the conduct shall constitute the appointment of the administrator as the person's attorney to receive service of any lawful
process in a noncriminal proceeding against the person, a
successor, or personal representative, which arises out of that
conduct and which is brought under this chapter or any rule
or order of the director with the same force and validity as if
served personally. [1987 c 243 § 5; 1986 c 14 § 20.]
21.30.250
(5) No final order or order after hearing may be returned
without:
(a) Appropriate notice to all interested persons;
(b) Opportunity for hearing by all interested persons; and
(c) Entry of written findings of fact and conclusions of
law.
(6) Every hearing in an administrative proceeding under
this chapter shall be public unless the director grants a request
joined in by all the respondents that the hearing be conducted
privately. [1986 c 14 § 21.]
21.30.210
21.30.210 Application of chapter 34.05 RCW, the
administrative procedure act. Chapter 34.05 RCW applies
to an administrative proceeding carried out by the director
under this chapter unless otherwise provided in this chapter.
[1986 c 14 § 22.]
21.30.220
21.30.220 Pleading exemptions or exceptions—Burden of proof. It shall not be necessary to negate any of the
exemptions, or exceptions from a definition, of this chapter in
any complaint, information, or indictment, or any writ or proceeding brought under this chapter; and the burden of proof
of any such exemption or exception from a definition shall be
on the party claiming the same. [1986 c 14 § 23.]
21.30.230
21.30.230 Application for licensing. An applicant for
licensing as a commodity broker-dealer or commodity sales
representative shall file with the administrator or the designee
of the administrator an application for licensing together with
a consent to service of process pursuant to RCW 21.30.190.
The application for licensing must contain the information
that the administrator determines, by rule, is necessary or
appropriate to facilitate the administration of this chapter.
[1986 c 14 § 24.]
21.30.240
21.30.200
21.30.200 Administrative proceedings—Summary
order—Notice—Hearing—Final order. (1) The director
shall commence an administrative proceeding under this
chapter by entering either a statement of charges or a summary order. The statement of charges or summary order may
be entered without notice, without opportunity for hearing,
and need not be supported by findings of fact or conclusions
of law, but must be in writing.
(2) Upon entry of the statement of charges or summary
order, the director shall promptly inform all interested parties
that they have twenty business days from receipt of notice of
the statement of charges or the summary order to file a written request for a hearing on the matter with the director and
that the hearing will be scheduled to commence within thirty
business days after receipt of the written request.
(3) If no hearing is requested within the twenty-day
period and none is ordered by the director, the statement of
charges or summary order will automatically become a final
order.
(4) If a hearing is requested or ordered, the director, after
notice of and opportunity for hearing to all interested persons,
may modify or vacate the order or extend it until final determination.
(2004 Ed.)
21.30.240 Fees. (1) An applicant for licensing shall pay
a registration fee as follows:
(a) For a commodity broker-dealer, two hundred dollars;
and for each branch office, one hundred dollars; and
(b) For a commodity sales representative, fifty dollars.
(2) Except in any year in which a licensing fee is paid, an
applicant shall pay an annual fee as follows:
(a) For a commodity broker-dealer, one hundred dollars;
and for each branch office in this state, fifty dollars; and
(b) For a commodity sales representative, thirty-five dollars.
(3) For purposes of this section, a branch office means
each office of a commodity broker-dealer in this state, other
than the principal office in this state of the commodity broker-dealer, from which three or more commodity sales representatives transact business.
(4) If an application is denied or withdrawn or the license
is terminated by revocation, cancellation, or withdrawal, the
administrator shall retain the fee paid. [1986 c 14 § 25.]
21.30.250
21.30.250 Examinations—Waiver. (1) The administrator may, by rule or order, impose an examination requirement upon:
(a) An applicant applying for licensing under this chapter; and
[Title 21 RCW—page 35]
21.30.260
Title 21 RCW: Securities and Investments
(b) Any class of applicants.
(2) Any examination required may be administered by
the administrator or a designee of the administrator. Examinations may be oral, written, or both and may differ for each
class of applicants.
(3) The administrator may, by order, waive any examination requirement imposed pursuant to subsection (1) of this
section as to any applicant if the administrator determines
that the examination is not necessary in the public interest
and for the protection of investors. [1986 c 14 § 26.]
21.30.260
21.30.260 Expiration of licenses—Authority under
commodity sales representative license—Notification of
changes. (1) The license of a commodity broker-dealer or
commodity sales representative expires on December 31 of
the year for which issued or at such other time as the administrator may by rule prescribe.
(2) The license of a commodity sales representative is
only effective with respect to transactions effected as an
employee or representative on behalf of the commodity broker-dealer or issuer for whom the commodity sales representative is licensed.
(3) When a commodity sales representative begins or terminates association with a commodity broker-dealer or
issuer, or begins or terminates activities which make that person a commodity sales representative, the commodity sales
representative and the former commodity broker-dealer or
issuer on whose behalf the commodity sales representative
was acting shall notify promptly the administrator or the
administrator's designee. [1986 c 14 § 27.]
21.30.270
21.30.270 Multiple licenses, when permitted. No person may at any one time act as a commodity sales representative for more than one commodity broker-dealer or one
issuer, except (1) where the commodity broker-dealers for
whom the commodity sales representative will act are affiliated by direct or indirect common control, a commodity sales
representative may represent each of those organizations or
(2) where the administrator, by rule or order, authorizes multiple licenses as consistent with the public interest and protection of investors. [1986 c 14 § 28.]
21.30.280
21.30.280 Classification of licenses—Limitations and
conditions of licenses. If the administrator determines, by
rule, that one or more classifications of licenses as a commodity broker-dealer or commodity sales representative
which are subject to limitations and conditions on the nature
of the activities which may be conducted by those persons are
consistent with the public interest and the protection of investors, the administrator may authorize the licensing of persons
subject to specific limitations and conditions. [1986 c 14 §
29.]
21.30.290
21.30.290 Annual report and fee. For so long as a
commodity broker-dealer or commodity sales representative
is licensed under this chapter, it shall file an annual report,
together with the annual fee specified in RCW 21.30.240(2),
with the administrator or the administrator's designee at a
time and including that information that the administrator
[Title 21 RCW—page 36]
determines, by rule or order, is necessary or appropriate.
[1986 c 14 § 30.]
21.30.300
21.30.300 Minimum net capital and fidelity bond
requirements. (1)(a) The administrator may, by rule, require
a licensed commodity broker-dealer to maintain: (i) Minimum net capital; and (ii) a prescribed ratio between net capital and aggregate indebtedness. The minimum net capital and
net capital-to-aggregate indebtedness ratio may vary with
type or class of commodity broker-dealer.
(b) If a licensed commodity broker-dealer believes, or
has reasonable cause to believe, that any requirement
imposed on it under this subsection is not being met, it shall
promptly notify the administrator of its current financial condition.
(2) The administrator may, by rule, require the furnishing of fidelity bonds from commodity broker-dealers. [1986
c 14 § 31.]
21.30.310
21.30.310 Financial and other reports. A licensed
commodity broker-dealer shall file financial and other reports
that the administrator determines, by rule, are necessary or
appropriate. [1986 c 14 § 32.]
21.30.320
21.30.320 Records. (1) A licensed commodity brokerdealer or commodity sales representative shall make and
maintain records that the administrator determines, by rule,
are necessary or appropriate.
(2) Required records may be maintained in computer or
microform format or any other form of data storage provided
that the records are readily accessible to the administrator.
(3) Required records must be preserved for five years
unless the administrator, by rule, specifies either a longer or
shorter period for a particular type or class of records. [1986
c 14 § 33.]
21.30.330
21.30.330 Correcting amendments of information in
application or financial and other reports—Exception. If
the information contained in any document filed with the
administrator or the administrator's designee pursuant to
RCW 21.30.230 or 21.30.310, except for those documents
which the administrator, by rule or order, may exclude from
this requirement, is or becomes inaccurate or incomplete in
any material respect, the licensed person shall promptly file a
correcting amendment, unless notification of the correction
has been given under RCW 21.30.260(3). [1986 c 14 § 34.]
21.30.340
21.30.340 Examination of records—Copies—Fees.
(1) The administrator, without prior notice, may examine the
records and require copies of the records which a licensed
commodity broker-dealer or commodity sales representative
is required to make and maintain under RCW 21.30.320,
within or without this state, in a manner reasonable under the
circumstances. Commodity broker-dealers and commodity
sales representatives must make their records available to the
administrator in a readable form.
(2) The administrator may copy records or require a
licensed person to copy records and provide the copies to the
administrator in a manner reasonable under the circumstances.
(2004 Ed.)
Commodity Transactions
(3) The administrator may impose reasonable fees for
conducting an examination pursuant to this section. [1986 c
14 § 35.]
21.30.350
21.30.350 Denial, suspension, revocation, or limitation of license—Grounds. (1) The administrator may, by
order, deny, suspend, or revoke any license or an exemption
granted under RCW 21.30.030(7), limit the activities which
an applicant or licensed person may perform in this state,
conserve any applicant or licensed person, or bar any applicant or licensed person from association with a licensed commodity broker-dealer, if the administrator finds that (a) the
order is in the public interest and (b) that the applicant or
licensed person or, in the case of a commodity broker-dealer
any partner, officer, or director, any person occupying a similar status or performing similar functions, or any person
directly or indirectly controlling the commodity brokerdealer:
(i) Has filed an application for licensing with the administrator or the designee of the administrator which, as of its
effective date, or as of any date after filing in the case of an
order denying effectiveness, was incomplete in any material
respect or contained any statement which was, in light of the
circumstances under which it was made, false or misleading
with respect to any material fact;
(ii)(A) Has violated or failed to comply with a provision
of this chapter, a predecessor act, or a rule or order under this
chapter or a predecessor act, (B) is the subject of an adjudication or determination within the last five years by a securities
agency or administrator or court of competent jurisdiction
that the person has wilfully violated the federal securities act
of 1933, the securities exchange act of 1934, the investment
advisers act of 1940, the investment company act of 1940, or
the commodity exchange act, or the securities law of any
other state (but only if the acts constituting the violation of
that state's law would constitute a violation of this chapter
had the acts taken place in this state);
(iii) Has, within the last ten years, pled guilty or nolo
contendere to, or been convicted of any crime indicating a
lack of fitness to engage in the investment commodities business;
(iv) Is permanently or temporarily enjoined by any court
of competent jurisdiction from engaging in, or continuing,
any conduct or practice indicating a lack of fitness to engage
in the investment commodities business;
(v) Is the subject of an order of the administrator denying, suspending, or revoking the person's license as a commodity or securities broker-dealer, securities salesperson or
commodity sales representative, or investment adviser or
investment adviser salesperson;
(vi) Is the subject of any of the following orders which
are currently effective and which were issued within the last
five years:
(A) An order by a securities agency or administrator of
another state, Canadian province or territory, or the federal
securities and exchange commission, entered after notice and
opportunity for hearing, denying, suspending, or revoking the
person's license as a commodities or securities broker-dealer,
sales representative, or investment adviser, or the substantial
equivalent of those terms;
(2004 Ed.)
21.30.360
(B) A suspension or expulsion from membership in or
association with a self-regulatory organization registered
under the securities exchange act of 1934 or the commodity
exchange act;
(C) A United States postal service fraud order;
(D) A cease and desist order entered after notice and
opportunity for hearing by the administrator or the securities
agency or administrator of any other state, Canadian province
or territory, the securities and exchange commission, or the
commodity futures trading commission;
(E) An order entered by the commodity futures trading
commission denying, suspending, or revoking registration
under the commodity exchange act;
(vii) Has engaged in any unethical or dishonest conduct
or practice in the investment commodities or securities business;
(viii) Is insolvent, either in the sense that liabilities
exceed assets, or in the sense that obligations cannot be met
as they mature;
(ix) Is not qualified on the basis of such factors as training, experience, and knowledge of the investment commodities business;
(x) Has failed reasonably to supervise sales representatives or employees; or
(xi) Has failed to pay the proper filing fee within thirty
days after being notified by the administrator of the deficiency. However, the administrator shall vacate any order
under (xi) of this subsection when the deficiency has been
corrected.
An order entered under this subsection shall be governed
by subsection (2) of this section and RCW 21.30.200 and
21.30.210.
The administrator shall not institute a suspension or
revocation proceeding on the basis of a fact or transaction
disclosed in the license application unless the proceeding is
instituted within the next ninety days following issuance of
the license.
(2) If the public interest or the protection of investors so
requires, the administrator may, by order, summarily suspend
a license or postpone the effective date of a license. Upon the
entry of the order, the administrator shall promptly notify the
applicant or licensed person, as well as the commodity broker-dealer with whom the person is or will be associated if
the applicant or licensed person is a commodity sales representative, that an order has been entered and of the reasons
therefore and that within twenty days after the receipt of a
written request the matter will be set down for hearing. The
provisions of RCW 21.30.200 and 21.30.210 apply with
respect to all subsequent proceedings.
(3) If the administrator finds that any applicant or
licensed person is no longer in existence or has ceased to do
business as a commodity broker-dealer or commodity sales
representative or is subject to an adjudication of mental
incompetence or to the control of a committee, conservator,
or guardian, or cannot be located after reasonable search, the
administrator may, by order, cancel the application or license.
[1987 c 243 § 6; 1986 c 14 § 36.]
21.30.360 Violations—Prosecuting attorney may
bring criminal proceedings. The director may refer such
evidence as may be available concerning violations of this
21.30.360
[Title 21 RCW—page 37]
21.30.370
Title 21 RCW: Securities and Investments
chapter or of any rule or order under this chapter to the proper
prosecuting attorney, who may in his or her discretion, with
or without such a reference, institute the appropriate criminal
proceedings under this chapter. [1986 c 14 § 37.]
provision to other persons or circumstances is not affected.
[1986 c 14 § 43.]
21.30.901
21.30.901 Effective date—1986 c 14. This act shall
take effect on October 1, 1986. [1986 c 14 § 46.]
21.30.370
21.30.370 Penalties in chapter nonexclusive. Nothing
in this chapter limits the power of the state to punish a person
for conduct which constitutes a crime by statute or at common law. [1986 c 14 § 38.]
21.30.380
21.30.380 Administration of chapter under director
of financial institutions. The administration of this chapter
shall be under the director of the department of financial
institutions. [1994 c 92 § 6; 1986 c 14 § 39.]
21.30.390
21.30.390 Administrator—Appointment—Delegation of duties—Term. The director shall appoint a competent person to administer this chapter, who shall be designated the administrator. The director shall delegate to the
administrator such powers, subject to the authority of the
director, as may be necessary to carry out this chapter. The
administrator shall hold office at the pleasure of the director.
[1986 c 14 § 16.]
Chapter 21.35 RCW
UNIFORM TRANSFER ON DEATH SECURITY
REGISTRATION ACT
Chapter 21.35
Sections
21.35.005
21.35.010
21.35.015
21.35.020
21.35.025
21.35.030
21.35.035
21.35.040
21.35.045
21.35.050
21.35.900
21.35.901
Definitions.
Security registered in beneficiary form—Ownership.
Registering a security in beneficiary form—Authorization.
Registering a security in beneficiary form—Designation of
beneficiary.
Registering a security in beneficiary form—Words of designation.
Designation of a TOD or POD beneficiary—Effect on ownership—Cancellation or change.
Death of owner or owners—Ownership passes to beneficiaries.
Registering entity—Protection.
Transfer on death—Contract—Rights of creditors.
Registering entity—Terms and conditions—Forms authorized.
Short title—Statutory construction.
Application.
21.30.400
21.30.400 Director's powers and duties—Rules,
forms, and orders—Fees. In addition to specific authority
granted elsewhere in this chapter, the director may make,
amend, and rescind rules, forms, and orders as are necessary
to carry out this chapter. Such rules or forms shall include but
need not be limited to rules defining any terms, whether or
not used in this chapter, insofar as the definitions are not
inconsistent with this chapter. The director may classify commodities, commodity contracts, and commodity options, persons, and matters within the director's jurisdiction. No rule or
form may be made unless the director finds that the action is
necessary or appropriate in the public interest or for the protection of the investors and consistent with the purposes
intended by the policy and provisions of this chapter. The
director may, by rule, establish a schedule of reasonable fees
to carry out the purposes of this chapter, such fees to cover
the estimated costs of enforcing this chapter. [1986 c 14 §
40.]
21.30.800
21.30.800 Securities laws not affected. Nothing in this
chapter shall impair, derogate from, or otherwise affect the
authority or powers of the administrator under the securities
act of Washington, chapter 21.20 RCW, or the application of
any provision thereof to any person or transaction subject
thereto. [1986 c 14 § 41.]
21.30.810
21.30.810 Construction and purpose. This chapter
may be construed and implemented to effectuate its general
purpose to protect investors, to prevent and prosecute illegal
and fraudulent schemes involving commodities and to maximize coordination with federal and other states' law and the
administration and enforcement thereof. [1986 c 14 § 42.]
21.30.900
21.30.900 Severability—1986 c 14. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
[Title 21 RCW—page 38]
21.35.005
21.35.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Beneficiary form" means a registration of a security
that indicates the present owner of the security and the intention of the owner regarding the person who will become the
owner of the security upon the death of the owner, referred to
as a "beneficiary."
(2) "Devisee" means any person designated in a will to
receive a disposition of real or personal property.
(3) "Heirs" means those persons, including the surviving
spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
(4) "Person" means an individual, a corporation, an organization, or other legal entity.
(5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.
(6) "Property" includes both real and personal property
or any interest therein and means anything that may be the
subject of ownership.
(7) "Register," including its derivatives, means to issue a
certificate showing the ownership of a certificated security
or, in the case of an uncertificated security, to initiate or
transfer an account showing ownership of securities.
(8) "Registering entity" means a person who originates
or transfers a security title by registration, and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
(9) "Security" means a share, participation, or other
interest in property, in a business, or in an obligation of an
enterprise or other issuer, and includes a certificated security,
an uncertificated security, and a security account.
(2004 Ed.)
Uniform Transfer on Death Security Registration Act
(10) "Security account" means (a) a reinvestment
account associated with a security; a securities account with a
broker; a cash balance in a brokerage account; or cash, cash
equivalents, interest, earnings, or dividends earned or
declared on a security in an account, a reinvestment account,
or a brokerage account, whether or not credited to the account
before the owner's death; (b) an investment management or
custody account with a trust company or a trust division of a
bank with trust powers, including the securities in the
account; a cash balance in the account; and cash, cash equivalents, interest, earnings, or dividends earned or declared on
a security in the account, whether or not credited to the
account before the owner's death; or (c) a cash balance or
other property held for or due to the owner of a security as a
replacement for or product of an account security, whether or
not credited to the account before the owner's death.
(11) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, and
any territory or possession subject to the legislative authority
of the United States. [2003 c 118 § 1; 1993 c 287 § 1.]
21.35.010
21.35.010 Security registered in beneficiary form—
Ownership. Only individuals whose registration of a security shows sole ownership by one individual or multiple ownership by two or more with right of survivorship, rather than
as tenants in common, may obtain registration in beneficiary
form. Multiple owners of a security registered in beneficiary
form shall hold the security as joint tenants with right of survivorship either as separate property or as community property, and not as tenants in common. [1993 c 287 § 2.]
21.35.015
21.35.015 Registering a security in beneficiary
form—Authorization. A registering entity may register a
security in beneficiary form if the form is authorized by this
chapter or a substantially identical statute of another state if
the state is: (1) The state of organization of the issuer or registering entity, (2) the location of the registering entity's principal office, (3) the location of the office of its transfer agent
or its office making the registration, or (4) the location of the
owner's listed address at the time of registration. A registration governed by the law of a jurisdiction in which this or
substantially identical legislation is not in force or was not in
force when a registration in beneficiary form was made is
nevertheless presumed to be valid and authorized as a matter
of contract law. [1993 c 287 § 3.]
21.35.020
21.35.020 Registering a security in beneficiary
form—Designation of beneficiary. A security, whether evidenced by certificate or account, is registered in beneficiary
form when the registration includes a designation of a beneficiary to take the ownership at the death of a sole owner or at
the death of the last to die of multiple owners. [1993 c 287 §
4.]
21.35.025
21.35.025 Registering a security in beneficiary
form—Words of designation. Registration in beneficiary
form may be shown by the words "transfer on death" or the
abbreviation "TOD," or by the words "pay on death" or the
abbreviation "POD," after the name of the registered owner
(2004 Ed.)
21.35.040
or owners and before the name of a beneficiary. [1993 c 287
§ 5.]
21.35.030
21.35.030 Designation of a TOD or POD beneficiary—Effect on ownership—Cancellation or change.
The designation of a TOD or POD beneficiary on a registration in beneficiary form has no effect on ownership of the
security until the owner's death, or on community property
rights and obligations of owners. A registration of a security
in beneficiary form may be canceled or changed at any time
by the sole owner or all then surviving owners, without the
consent of the beneficiary. [1993 c 287 § 6.]
21.35.035
21.35.035 Death of owner or owners—Ownership
passes to beneficiaries. On death of a sole owner or the last
to die of all multiple owners, ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any applicable requirements of the
registering entity, a security registered in beneficiary form
may be reregistered in the name of the beneficiary or beneficiaries who survived the death of all owners. Until division of
the security after the death of all owners, multiple beneficiaries surviving the death of all owners hold their interests as
tenants in common. If no beneficiary survives the death of all
owners, the security belongs to the estate of the deceased sole
owner or the estate of the last to die of all multiple owners.
[1993 c 287 § 7.]
21.35.040
21.35.040 Registering entity—Protection. (1) A registering entity is not required to offer or to accept a request for
security registration in beneficiary form. If a registration in
beneficiary form is offered by a registering entity, the owner
requesting registration in beneficiary form assents to the protections given to the registering entity by this chapter.
(2) By accepting a request for registration of a security in
beneficiary form, the registering entity agrees that the registration will be implemented on death of the deceased owner
as provided in this chapter.
(3) A registering entity is discharged from all claims to a
security by the estate, creditors, heirs, or devisees of a
deceased owner if it registers a transfer of a security in accordance with RCW 21.35.035 and does so in good faith reliance
(a) on the registration, (b) on this chapter, and (c) on information provided to it by affidavit of the personal representative
of the deceased owner, or by the surviving beneficiary or by
the surviving beneficiary's representatives, or other information available to the registering entity. The protections of this
chapter do not extend to a reregistration or payment made
after a registering entity has received written notice from any
claimant to any interest in the security objecting to implementation of a registration in beneficiary form. No other
notice or other information available to the registering entity
affects its right to protection under this chapter.
(4) The protection provided by this chapter to a registering entity does not affect the rights of beneficiaries in disputes between themselves and other claimants to ownership
of the security transferred or its value or proceeds. [1993 c
287 § 8.]
[Title 21 RCW—page 39]
21.35.045
Title 21 RCW: Securities and Investments
21.35.045 Transfer on death—Contract—Rights of
creditors. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract
regarding the registration between the owner and the registering entity and this chapter and is not testamentary.
(2) This chapter does not limit the rights of creditors of
security owners against beneficiaries and other transferees
under other laws of this state. [1993 c 287 § 9.]
21.35.045
21.35.050 Registering entity—Terms and conditions—Forms authorized. (1) A registering entity offering
to accept registrations in beneficiary form may establish the
terms and conditions under which it will receive requests (a)
for registrations in beneficiary form, and (b) for implementation of registrations in beneficiary form, including requests
for cancellation of previously registered TOD beneficiary
designations and requests for reregistration to effect a change
of beneficiary. The terms and conditions so established may
provide for proving death, avoiding or resolving any problems concerning fractional shares, and designating beneficiaries. Other rules for providing proofs and assurances needed
to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate implementation of registrations in beneficiary form may be contained in
a registering entity's terms and conditions.
(2) The following are illustrations of registrations in beneficiary form that a registering entity may authorize:
(a) Sole owner-sole beneficiary: John S. Brown TOD (or
POD) John S. Brown Jr.
(b) Multiple owners-sole beneficiary: John S. Brown
Mary B. Brown JT TEN TOD John S. Brown Jr.
(c) Multiple owners-multiple beneficiaries: John S.
Brown Mary B. Brown JT TEN TOD John S. Brown Jr. Peter
Q. Brown. [1993 c 287 § 10.]
21.35.050
21.35.900 Short title—Statutory construction. (1)
This chapter shall be known as and may be cited as the uniform TOD security registration act.
(2) This chapter shall be liberally construed and applied
to promote its underlying purposes and policy and to make
uniform the laws with respect to the subject of this chapter
among states enacting it.
(3) Unless displaced by the particular provisions of this
chapter, the principles of law and equity supplement the provisions of this chapter. [1993 c 287 § 11.]
21.35.900
21.35.901 Application. This chapter applies to registrations of securities in beneficiary form made before or after
July 25, 1993, by decedents dying on or after July 25, 1993.
[1993 c 287 § 12.]
21.35.901
[Title 21 RCW—page 40]
(2004 Ed.)
Title 22
Title 22
WAREHOUSING AND DEPOSITS
Chapters
22.09 Agricultural commodities.
22.16 Warehouses and elevators—Eminent domain.
22.28 Safe deposit companies.
22.32 General penalties.
Chapter 22.09
Chapter 22.09 RCW
AGRICULTURAL COMMODITIES
Sections
22.09.011
22.09.020
22.09.030
22.09.035
22.09.040
22.09.045
22.09.050
22.09.055
22.09.060
22.09.070
22.09.075
22.09.080
22.09.090
22.09.095
22.09.100
22.09.110
22.09.120
22.09.130
22.09.140
22.09.150
22.09.160
22.09.170
22.09.175
22.09.180
22.09.190
22.09.195
22.09.200
22.09.220
22.09.230
22.09.240
22.09.250
22.09.260
22.09.290
22.09.300
22.09.310
22.09.320
22.09.330
22.09.340
(2004 Ed.)
Definitions.
Department authority—Rules.
Warehouse license or licenses required.
Grain dealer license required, exception.
Application for warehouse license.
Application for grain dealer license.
Warehouse license fees—Penalty.
Grain dealer—Exempt grain dealers—License fees—Penalty.
Bond or certificate of deposit and insurance prerequisite to
license—Exemption.
Warehouse licenses—Issuance—Posting—Duration.
Grain dealer licenses—Issuance—Posting—Duration.
Licenses—Denial—Suspension—Revocation.
Bond requisites—Certificate of deposit or other security—
Additional security—Suspension of license for failure to
maintain.
Single bond by multiple applicants.
Bonds—Duration—Release of surety—Cancellation by
surety.
Casualty insurance required—Certificate to be filed.
Insurance—Cancellation procedure—Suspension of license.
Rights and duties of warehousemen—Duty to serve—
Receipts—Special binning—Unsuitable commodities—Put
through commodities.
Rights and duties of licensees—Partial withdrawal—Adjustment or substitution of receipt—Liability to third parties.
Rights and duties of warehousemen—Delivery of stored commodities—Damages.
Rights and duties of licensees—Disposition of hazardous commodities.
Rights and duties of warehousemen—Special disposition of
commodities under written order.
Presumptions regarding commodities—Approval of contracts.
Rights and duties of licensees—Records, contents—Itemized
charges.
Rights and duties of warehousemen—Rebates, preferences,
etc., prohibited.
Rights and duties of warehousemen—RCW 22.09.190 inapplicable to contracts with governmental agencies.
Rights and duties of licensees—Reports to department.
Rights and duties of licensees—Premises, construction and
maintenance.
Rights and duties of warehouse licensees—Signs—Use of
"Washington Bonded Warehouse."
Rights and duties of warehousemen—Schedule of rates—
Posting—Revision.
Rights and duties of warehousemen—Unlawful practices.
Deposit of commodities unfit for human consumption—
Notice.
Warehouse receipts—Required terms.
Warehouse receipts—Forms, numbering, printing, bond—
Compliance with Article 7 of Title 62A RCW—Confiscation.
Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty.
Warehouse receipts—Lost or destroyed receipts.
Scale weight tickets not precluded.
Examination of receipts and commodities—Request—Fee—
Access to bins—Records and accounts—Out-of-state
offices.
22.09.345
22.09.350
22.09.361
22.09.371
22.09.381
22.09.391
22.09.405
22.09.411
22.09.416
22.09.421
22.09.426
22.09.431
22.09.436
22.09.441
22.09.446
22.09.451
22.09.456
22.09.461
22.09.466
22.09.471
22.09.520
22.09.570
22.09.580
22.09.590
22.09.600
22.09.610
22.09.615
22.09.620
22.09.630
22.09.640
22.09.650
22.09.660
22.09.710
22.09.720
22.09.730
22.09.740
22.09.750
22.09.760
22.09.770
22.09.780
22.09.790
22.09.800
22.09.810
22.09.820
22.09.830
22.09.840
22.09.850
22.09.860
Inspections—Notice, when issued—Failure to comply, penalty—Court order—Costs, expenses, attorneys' fees.
Remedies of department on discovery of shortage.
Seizure of commodities or warehouseman's records—Department duties—Warehouseman's remedies—Expenses and
attorneys' fees.
Depositor's lien.
Depositors' claims, processing by department.
Depositor's lien—Liquidation procedure.
Grain indemnity fund program—Activation—In lieu of other
security.
Grain indemnity fund program—Fund established—Contents,
deposits, disbursements, use.
Grain indemnity fund program—Assessments.
Grain indemnity fund program—Initial assessment—Effect on
preceding security—New applicants for warehouse or grain
dealer licenses.
Grain indemnity fund program—Annual assessments—Limitations.
Grain indemnity fund program—Additional security.
Grain indemnity fund program—Advisory committee.
Grain indemnity fund program—Processing of claims.
Grain indemnity fund program—Failure to file claim in time.
Grain indemnity fund program—Payment limitations.
Grain indemnity fund program—Additional payment limitations.
Grain indemnity fund program—Payment of claims—Restrictions, priority.
Grain indemnity fund program—Debt and obligation of grain
dealer or warehouseman—Recovery by director.
Grain indemnity fund program—Proceedings against licensee.
Deposits as bailments.
Action on bond by director—Authorized—Grounds.
Action on bond by director—Failure of depositor creditor to
file claim upon request—Effect.
Action on bond by director—Records as to depositor creditors
missing or information incomplete—Effect.
Action on bond by director—Powers of director.
Action on bond by director—When authorized—New bond,
when required—Penalty for failure to file.
Action by depositor upon licensee's bond.
Payment for agricultural commodities purchased—Time
requirements.
Payment violations—Recovery by department—Charges to
depositors.
Publication and distribution of list of licensed warehouses.
Remedies of department as to stations.
Emergency storage situation—Forwarding to other warehouses.
Designation of inspection points and terminal warehouses.
Grades and standards of commodities—Regulations.
Inspection or grading of commodities—Methods.
Inspection or grading of commodities—File samples, retention.
Inspection or grading of commodities—Powers and duties of
inspectors at terminal warehouses—Recordkeeping.
Inspection or grading of commodities—No inspection if commodity is to be loaded into defective container.
Inspection or grading of commodities—Unlawful practices—
Penalty.
Inspection or grading of commodities.
Inspection or grading of commodities—Fees and charges.
Inspection or grading of commodities—Scales and weighing.
Inspection or grading of commodities—Inspection of commodities shipped to or from places other than inspection
points.
Inspection or grading of commodities—Unloading commodity
without inspection or weighing.
Grain inspection revolving fund—Hop inspection fund—
Grain warehouse audit account.
Fumigated conveyances to be labeled.
Railroads to provide side tracks and track scales—Weighing
of cars.
Police protection of terminal yards and tracks.
[Title 22 RCW—page 1]
22.09.011
22.09.870
22.09.880
22.09.890
22.09.895
22.09.900
22.09.910
22.09.920
22.09.930
22.09.940
22.09.941
Title 22 RCW: Warehousing and Deposits
Injunctions.
Cooperation with governmental agencies and private associations.
General penalty.
Civil penalty.
Continuation of rules adopted pursuant to repealed chapter.
Savings—1963 c 124.
Construction as to Article 7 of Title 62A RCW.
Effective date—1963 c 124.
Severability—1963 c 124.
Severability—1979 ex.s. c 238.
Commodity transactions: Chapter 21.30 RCW.
22.09.011 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Department" means the department of agriculture of
the state of Washington.
(2) "Director" means the director of the department or
his duly authorized representative.
(3) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, association,
cooperative, two or more persons having a joint or common
interest, or any unit or agency of local, state, or federal government.
(4) "Agricultural commodities," or "commodities,"
means: (a) Grains for which inspection standards have been
established under the United States grain standards act; (b)
pulses and similar commodities for which inspection standards have been established under the agricultural marketing
act of 1946; and (c) other similar agricultural products for
which inspection standards have been established or which
have been otherwise designated by the department by rule for
inspection services or the warehousing requirements of this
chapter.
(5) "Warehouse," also referred to as a public warehouse,
means any elevator, mill, subterminal grain warehouse, terminal warehouse, country warehouse, or other structure or
enclosure located in this state that is used or useable for the
storage of agricultural products, and in which commodities
are received from the public for storage, handling, conditioning, or shipment for compensation. The term does not include
any warehouse storing or handling fresh fruits and/or vegetables, any warehouse used exclusively for cold storage, or any
warehouse that conditions yearly less than three hundred tons
of an agricultural commodity for compensation.
(6) "Terminal warehouse" means any warehouse designated as a terminal by the department, and located at an
inspection point where inspection facilities are maintained by
the department and where commodities are ordinarily
received and shipped by common carrier.
(7) "Subterminal warehouse" means any warehouse that
performs an intermediate function in which agricultural commodities are customarily received from dealers rather than
producers and where the commodities are accumulated
before shipment to a terminal warehouse.
(8) "Station" means two or more warehouses between
which commodities are commonly transferred in the ordinary
course of business and that are (a) immediately adjacent to
each other, or (b) located within the corporate limits of any
city or town and subject to the same transportation tariff
zone, or (c) at any railroad siding or switching area and subject to the same transportation tariff zone, or (d) at one location in the open country off rail, or (e) in any area that can be
22.09.011
[Title 22 RCW—page 2]
reasonably audited by the department as a station under this
chapter and that has been established as such by the director
by rule adopted under chapter 34.05 RCW, or (f) within
twenty miles of each other but separated by the border
between Washington and Idaho or Oregon when the books
and records for the station are maintained at the warehouse
located in Washington.
(9) "Inspection point" means a city, town, or other place
wherein the department maintains inspection and weighing
facilities.
(10) "Warehouseman" means any person owning, operating, or controlling a warehouse in the state of Washington.
(11) "Depositor" means (a) any person who deposits a
commodity with a Washington state licensed warehouseman
for storage, handling, conditioning, or shipment, or (b) any
person who is the owner or legal holder of a warehouse
receipt, outstanding scale weight ticket, or other evidence of
the deposit of a commodity with a Washington state licensed
warehouseman or (c) any producer whose agricultural commodity has been sold to a grain dealer through the dealer's
place of business located in the state of Washington, or any
Washington producer whose agricultural commodity has
been sold to or is under the control of a grain dealer, whose
place of business is located outside the state of Washington.
(12) "Historical depositor" means any person who in the
normal course of business operations has consistently made
deposits in the same warehouse of commodities produced on
the same land. In addition the purchaser, lessee, and/or inheritor of such land from the original historical depositor with
reference to the land shall be considered a historical depositor
with regard to the commodities produced on the land.
(13) "Grain dealer" means any person who, through his
place of business located in the state of Washington, solicits,
contracts for, or obtains from a producer, title, possession, or
control of any agricultural commodity for purposes of resale,
or any person who solicits, contracts for, or obtains from a
Washington producer, title, possession, or control of any
agricultural commodity for purposes of resale.
(14) "Producer" means any person who is the owner, tenant, or operator of land who has an interest in and is entitled
to receive all or any part of the proceeds from the sale of a
commodity produced on that land.
(15) "Warehouse receipt" means a negotiable or nonnegotiable warehouse receipt as provided for in Article 7 of
Title 62A RCW.
(16) "Scale weight ticket" means a load slip or other evidence of deposit, serially numbered, not including warehouse
receipts as defined in subsection (15) of this section, given a
depositor on request upon initial delivery of the commodity
to the warehouse and showing the warehouse's name and
state number, type of commodity, weight thereof, name of
depositor, and the date delivered.
(17) "Put through" means agricultural commodities that
are deposited in a warehouse for receiving, handling, conditioning, or shipping, and on which the depositor has concluded satisfactory arrangements with the warehouseman for
the immediate or impending shipment of the commodity.
(18) "Conditioning" means, but is not limited to, the drying or cleaning of agricultural commodities.
(19) "Deferred price contract" means a contract for the
sale of commodities that conveys the title and all rights of
(2004 Ed.)
Agricultural Commodities
ownership to the commodities represented by the contract to
the buyer, but allows the seller to set the price of the commodities at a later date based on an agreed upon relationship
to a future month's price or some other mutually agreeable
method of price determination. Deferred price contracts
include but are not limited to those contracts commonly
referred to as delayed price, price later contracts, or open
price contracts.
(20) "Shortage" means that a warehouseman does not
have in his possession sufficient commodities at each of his
stations to cover the outstanding warehouse receipts, scale
weight tickets, or other evidence of storage liability issued or
assumed by him for the station.
(21) "Failure" means:
(a) An inability to financially satisfy claimants in accordance with this chapter and the time limits provided for in it;
(b) A public declaration of insolvency;
(c) A revocation of license and the leaving of an outstanding indebtedness to a depositor;
(d) A failure to redeliver any commodity to a depositor
or to pay depositors for commodities purchased by a licensee
in the ordinary course of business and where a bona fide dispute does not exist between the licensee and the depositor;
(e) A failure to make application for license renewal
within sixty days after the annual license renewal date; or
(f) A denial of the application for a license renewal.
(22) "Original inspection" means an initial, official
inspection of a grain or commodity.
(23) "Reinspection" means an official review of the
results of an original inspection service by an inspection
office that performed that original inspection service. A reinspection may be performed either on the basis of the official
file sample or a new sample obtained by the same means as
the original if the lot remains intact.
(24) "Appeal inspection" means, for commodities covered by federal standards, a review of original inspection or
reinspection results by an authorized United States department of agriculture inspector. For commodities covered
under state standards, an appeal inspection means a review of
original or reinspection results by a supervising inspector. An
appeal inspection may be performed either on the basis of the
official file sample or a new sample obtained by the same
means as the original if the lot remains intact.
(25) "Exempt grain dealer" means a grain dealer who
purchases less than one hundred thousand dollars of covered
commodities annually from producers, and operates under
the provisions of RCW 22.09.060. [1994 c 46 § 3; 1989 c 354
§ 44; 1988 c 254 § 11; 1987 c 393 § 19; 1983 c 305 § 16.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.020
22.09.020 Department authority—Rules. The department shall administer and carry out the provisions of this
chapter and rules adopted hereunder, and it has the power and
authority to:
(1) Supervise the receiving, handling, conditioning,
weighing, storage, and shipping of all commodities;
(2) Supervise the inspection and grading of commodities;
(2004 Ed.)
22.09.030
(3) Approve or disapprove the facilities, including
scales, of all warehouses;
(4) Approve or disapprove all rates and charges for the
handling, storage, and shipment of all commodities;
(5) Investigate all complaints of fraud in the operation of
any warehouse;
(6) Examine, inspect, and audit, during ordinary business
hours, any warehouse licensed under this chapter, including
all commodities therein and examine, inspect, audit, or record
all books, documents, and records;
(7) Examine, inspect, and audit during ordinary business
hours, all books, documents, and records, and examine,
inspect, audit, or record records of any grain dealer licensed
hereunder at the grain dealer's principal office or headquarters;
(8) Inspect at reasonable times any warehouse or storage
facility where commodities are received, handled, conditioned, stored, or shipped, including all commodities stored
therein and all books, documents, and records in order to
determine whether or not such facility should be licensed
pursuant to this chapter;
(9) Inspect at reasonable times any grain dealer's books,
documents, and records in order to determine whether or not
the grain dealer should be licensed under this chapter;
(10) Administer oaths and issue subpoenas to compel the
attendance of witnesses, and/or the production of books, documents, and records anywhere in the state pursuant to a hearing relative to the purpose and provisions of this chapter.
Witnesses shall be entitled to fees for attendance and travel,
as provided in chapter 2.40 RCW;
(11) Adopt rules establishing inspection standards and
procedures for grains and commodities;
(12) Adopt rules regarding the identification of commodities by the use of confetti or other similar means so that
such commodities may be readily identified if stolen or
removed in violation of the provisions of this chapter from a
warehouse or if otherwise unlawfully transported;
(13) Adopt all the necessary rules for carrying out the
purpose and provisions of this chapter. The adoption of rules
under the provisions of this chapter shall be subject to the
provisions of chapter 34.05 RCW, the Administrative Procedure Act. When adopting rules in respect to the provisions of
this chapter, the director shall hold a public hearing and shall
to the best of his ability consult with persons and organizations or interests who will be affected thereby, and any final
rule adopted as a result of the hearing shall be designed to
promote the provisions of this chapter and shall be reasonable
and necessary and based upon needs and conditions of the
industry, and shall be for the purpose of promoting the wellbeing of the industry to be regulated and the general welfare
of the people of the state. [1989 c 354 § 45; 1983 c 305 § 17;
1963 c 124 § 2.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.030
22.09.030 Warehouse license or licenses required. It
shall be unlawful for any person to operate a warehouse in the
state of Washington without first having obtained an annual
license from the department, but this chapter shall not apply
to warehouses that are federally licensed under the provisions
[Title 22 RCW—page 3]
22.09.035
Title 22 RCW: Warehousing and Deposits
of 7 USC 241 et seq. for the handling and storage of agricultural commodities. A separate license shall be required for
each warehouse that a person intends to operate, but any person operating two or more warehouses that constitute a station may license the warehouses under one state license. All
the assets of a given station that is licensed under one state
license are subject to all the liabilities of that station and for
the purposes of this chapter shall be treated as a single warehouse, requiring all the stocks and obligations of the warehouses at a given station to be treated as a unit for all purposes including, but not limited to, issuance of warehouse
receipts and receipt and delivery of commodities for handling, conditioning, storage, or shipment. [1983 c 305 § 18;
1975 1st ex.s. c 7 § 20; 1963 c 124 § 3.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.035
22.09.035 Grain dealer license required, exception. It
is unlawful for any person to operate as a grain dealer in the
state of Washington without first having obtained an annual
license from the department. This chapter does not apply to a
grain dealer that is licensed for dealing in agricultural commodities under federal law. [1983 c 305 § 19.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.040
22.09.040 Application for warehouse license. Application for a license to operate a warehouse under the provisions of this chapter shall be on a form prescribed by the
department and shall include:
(1) The full name of the person applying for the license
and whether the applicant is an individual, partnership, association, corporation, or other entity;
(2) The full name of each member of the firm or partnership, or the names of the officers of the company, society,
cooperative association, or corporation;
(3) The principal business address of the applicant in the
state and elsewhere;
(4) The name or names of the person or persons authorized to receive and accept service of summons and legal
notices of all kinds for the applicant;
(5) Whether the applicant has also applied for or has
been issued a grain dealer license under the provisions of this
chapter;
(6) The location of each warehouse the applicant intends
to operate and the location of the headquarters or main office
of the applicant;
(7) The bushel storage capacity of each such warehouse
to be licensed;
(8) The schedule of fees to be charged at each warehouse
for the handling, conditioning, storage, and shipment of all
commodities during the licensing period;
(9) A financial statement to determine the net worth of
the applicant to determine whether or not the applicant meets
the minimum net worth requirements established by the
director pursuant to chapter 34.05 RCW. All financial statement information required by this subsection shall be confidential information not subject to public disclosure;
(10) Whether the application is for a terminal, subterminal, or country warehouse license;
(11) Whether the applicant has previously been denied a
grain dealer or warehouseman license or whether the appli[Title 22 RCW—page 4]
cant has had either license suspended or revoked by the
department;
(12) Any other reasonable information the department
finds necessary to carry out the purpose and provisions of this
chapter. [1987 c 393 § 17; 1983 c 305 § 20; 1979 ex.s. c 238
§ 13; 1975 1st ex.s. c 7 § 21; 1963 c 124 § 4.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.045
22.09.045 Application for grain dealer license. Application for a license to operate as a grain dealer under the provisions of this chapter shall be on a form prescribed by the
department and shall include:
(1) The full name of the person applying for the license
and whether the applicant is an individual, partnership, association, corporation, or other entity;
(2) The full name of each member of the firm or partnership, or the names of the officers of the company, society,
cooperative association, or corporation;
(3) The principal business address of the applicant in the
state and elsewhere;
(4) The name or names of the person or persons in this
state authorized to receive and accept service of summons
and legal notices of all kinds for the applicant;
(5) Whether the applicant has also applied for or has
been issued a warehouse license under this chapter;
(6) The location of each business location from which
the applicant intends to operate as a grain dealer in the state
of Washington whether or not the business location is physically within the state of Washington, and the location of the
headquarters or main office of the application;
(7) A financial statement to determine the net worth of
the applicant to determine whether or not the applicant meets
the minimum net worth requirements established by the
director under chapter 34.05 RCW. However, if the applicant
is a subsidiary of a larger company, corporation, society, or
cooperative association, both the parent company and the
subsidiary company must submit a financial statement to
determine whether or not the applicant meets the minimum
net worth requirements established by the director under
chapter 34.05 RCW. All financial statement information
required by this subsection shall be confidential information
not subject to public disclosure;
(8) Whether the applicant has previously been denied a
grain dealer or warehouseman license or whether the applicant has had either license suspended or revoked by the
department;
(9) Any other reasonable information the department
finds necessary to carry out the purpose and provisions of this
chapter. [1987 c 393 § 18; 1983 c 305 § 21.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.050
22.09.050 Warehouse license fees—Penalty. Any
application for a license to operate a warehouse shall be
accompanied by a license fee of one thousand three hundred
fifty dollars for a terminal warehouse, one thousand fifty dollars for a subterminal warehouse, and five hundred dollars for
a country warehouse. If a licensee operates more than one
warehouse under one state license as provided for in RCW
22.09.030, the license fee shall be computed by multiplying
the number of physically separated warehouses within the
(2004 Ed.)
Agricultural Commodities
station by the applicable terminal, subterminal, or country
warehouse license fee.
If an application for renewal of a warehouse license or
licenses is not received by the department prior to the renewal
date or dates established by the director by rule, a penalty of
fifty dollars for the first week and one hundred dollars for
each week thereafter shall be assessed and added to the original fee and shall be paid by the applicant before the renewal
license may be issued. This penalty does not apply if the
applicant furnishes an affidavit certifying that he has not
acted as a warehouseman subsequent to the expiration of his
or her prior license. [1997 c 303 § 6; 1994 c 46 § 4; 1991 c
109 § 25; 1986 c 203 § 13; 1983 c 305 § 22; 1979 ex.s. c 238
§ 14; 1963 c 124 § 5.]
Effective date—1997 c 303 §§ 6 and 7: "Sections 6 and 7 of this act
take effect July 1, 1998." [1997 c 303 § 8.]
Findings—1997 c 303: See note following RCW 43.135.055.
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1986 c 203: See note following RCW 15.17.230.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.055
22.09.055 Grain dealer—Exempt grain dealers—
License fees—Penalty. An application for a license to operate as a grain dealer shall be accompanied by a license fee of
seven hundred fifty dollars. The license fee for exempt grain
dealers shall be three hundred dollars.
If an application for renewal of a grain dealer or exempt
grain dealer license is not received by the department before
the renewal date or dates established by the director by rule,
a penalty of fifty dollars for the first week and one hundred
dollars for each week thereafter shall be assessed and added
to the original fee and shall be paid by the applicant before
the renewal license may be issued. This penalty does not
apply if the applicant furnishes an affidavit certifying that he
has not acted as a grain dealer or exempt grain dealer after the
expiration of his or her prior license. [1997 c 303 § 7; 1994 c
46 § 5; 1991 c 109 § 26; 1988 c 95 § 1; 1986 c 203 § 14; 1983
c 305 § 23.]
Effective date—1997 c 303 §§ 6 and 7: See note following RCW
22.09.050.
Findings—1997 c 303: See note following RCW 43.135.055.
Effective date—1994 c 46: See note following RCW 15.58.070.
22.09.090
tion. [1988 c 95 § 2; 1987 c 509 § 1; 1983 c 305 § 24; 1975
1st ex.s. c 7 § 22; 1963 c 124 § 6.]
Severability—1987 c 509: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 509 § 22.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.070
22.09.070 Warehouse licenses—Issuance—Posting—
Duration. The department shall issue a warehouse license to
an applicant upon its determination that the applicant has
facilities adequate for handling and storage of commodities
and, if applicable, conditioning, and that the application is in
the proper form and upon approval of the matters contained
on the application and upon a showing that the applicant has
complied with the provisions of this chapter and rules
adopted hereunder. The licensee shall immediately upon
receipt of the license post it in a conspicuous place in the
office of the licensed warehouse or if a station license, in the
main office at the station. The license automatically expires
on the date set by rule by the director unless it has been
revoked, canceled, or suspended by the department before
that date. Fees shall be prorated where necessary to accommodate the staggering of renewal dates of a license or
licenses. [1991 c 109 § 27; 1983 c 305 § 25; 1963 c 124 § 7.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.075
22.09.075 Grain dealer licenses—Issuance—Posting—Duration. The department shall issue a grain dealer
license to an applicant upon its determination that the application is in its proper form and upon approval of the matters
contained on the application and upon a showing that the
applicant has complied with the provisions of this chapter
and rules adopted hereunder. The licensee shall immediately
upon receipt of the license post it in a conspicuous place in its
principal place of business. The license expires automatically
on a date set by rule by the director unless it has been
revoked, canceled, or suspended by the department before
that date. Fees shall be prorated where necessary in order to
accommodate staggered renewal of a license or licenses.
[1991 c 109 § 28; 1983 c 305 § 26.]
Severability—1983 c 305: See note following RCW 20.01.010.
Severability—1986 c 203: See note following RCW 15.17.230.
22.09.080
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.060
22.09.060 Bond or certificate of deposit and insurance prerequisite to license—Exemption. Except as provided in RCW 22.09.405(2), no warehouse or grain dealer
license may be issued to an applicant before a bond, certificate of deposit, or other security is given to the department as
provided in RCW 22.09.090, or in RCW 22.09.095. No warehouse license may be issued to an applicant before a certificate of insurance as provided in RCW 22.09.110 has been
filed with the department. Grain dealers may be exempted by
rule from the bonding requirement if the grain dealer does not
do more than one hundred thousand dollars in business annually and makes payments solely in coin or currency of the
United States at the time of obtaining possession or control of
grain. However, a cashier's check, certified check, or
bankdraft may be considered as cash for purposes of this sec(2004 Ed.)
22.09.080 Licenses—Denial—Suspension—Revocation. The department is authorized to deny, suspend, or
revoke a license after a hearing in any case in which it is
determined that there has been a violation or refusal to comply with the requirements of this chapter, rules adopted hereunder, or the provisions of Article 7 of Title 62A RCW as
enacted or hereafter amended. All hearings for the denial,
suspension, or revocation of a license shall be subject to
chapter 34.05 RCW (Administrative Procedure Act) as
enacted or hereafter amended. [1979 ex.s. c 238 § 15; 1963 c
124 § 8.]
22.09.090
22.09.090 Bond requisites—Certificate of deposit or
other security—Additional security—Suspension of
license for failure to maintain. (1) An applicant for a warehouse or grain dealer license pursuant to the provisions of this
chapter shall give a bond to the state of Washington executed
[Title 22 RCW—page 5]
22.09.095
Title 22 RCW: Warehousing and Deposits
by the applicant as the principal and by a corporate surety
licensed to do business in this state as surety.
(2) The bond required under this section for the issuance
of a warehouse license shall be in the sum of not less than
fifty thousand dollars nor more than seven hundred fifty
thousand dollars. The department shall, after holding a public
hearing, determine the amount that will be required for the
warehouse bond which shall be computed at a rate of not less
than fifteen cents nor more than thirty cents per bushel multiplied by the number of bushels of licensed commodity storage capacity of the warehouses of the applicant furnishing the
bond. The applicant for a warehouse license may give a single bond meeting the requirements of this chapter, and all
warehouses operated by the warehouseman are deemed to be
one warehouse for the purpose of the amount of the bond
required under this subsection. Any change in the capacity of
a warehouse or addition of any new warehouse involving a
change in bond liability under this chapter shall be immediately reported to the department.
(3) The bond required under this section for the issuance
of a grain dealer license shall be in the sum of not less than
fifty thousand dollars nor more than seven hundred fifty
thousand dollars. The department shall, after holding a public
hearing, determine the amount that will be required for the
dealer bond which shall be computed at a rate not less than
six percent nor more than twelve percent of the sales of agricultural commodities purchased by the dealer from producers
during the dealer's last completed fiscal year or in the case of
a grain dealer who has been engaged in business as a grain
dealer less than one year, the estimated aggregate dollar
amount to be paid by the dealer to producers for agricultural
commodities to be purchased by the dealer during the dealer's
first fiscal year.
(4) An applicant making application for both a warehouse license and a grain dealer license may satisfy the bonding requirements set forth in subsections (2) and (3) of this
section by giving to the state of Washington a single bond for
the issuance of both licenses, which bond shall be in the sum
of not less than fifty thousand dollars nor more than seven
hundred fifty thousand dollars. The department shall, after
holding a public hearing, determine the amount of the bond
which shall be computed at a rate of not less than fifteen cents
nor more than thirty cents per bushel multiplied by the number of bushels of licensed commodity storage capacity of the
warehouses of the applicant furnishing the bond, or at the rate
of not less than six percent nor more than twelve percent of
the gross sales of agricultural commodities of the applicant
whichever is greater.
(5) The bonds required under this chapter shall be
approved by the department and shall be conditioned upon
the faithful performance by the licensee of the duties imposed
upon him by this chapter. If a person has applied for warehouse licenses to operate two or more warehouses in this
state, the assets applicable to all warehouses, but not the
deposits except in case of a station, are subject to the liabilities of each. The total and aggregate liability of the surety for
all claims upon the bond is limited to the face amount of the
bond.
(6) Any person required to submit a bond to the department under this chapter has the option to give the department
a certificate of deposit or other security acceptable to the
[Title 22 RCW—page 6]
department payable to the director as trustee, in lieu of a bond
or a portion thereof. The principal amount of the certificate or
other security shall be the same as that required for a surety
bond under this chapter or may be in an amount which, when
added to the bond, will satisfy the licensee's requirements for
a surety bond under this chapter, and the interest thereon shall
be made payable to the purchaser of the certificate or other
security. The certificate of deposit or other security shall
remain on deposit until it is released, canceled, or discharged
as provided for by rule of the department. The provisions of
this chapter that apply to a bond required under this chapter
apply to each certificate of deposit or other security given in
lieu of such a bond.
(7) The department may, when it has reason to believe
that a grain dealer does not have the ability to pay producers
for grain purchased, or when it determines that the grain
dealer does not have a sufficient net worth to outstanding
financial obligations ratio, or when it believes there may be
claims made against the bond in excess of the face amount of
the bond, require a grain dealer to post an additional bond in
a dollar amount deemed appropriate by the department or
may require an additional certificate of deposit or other security. The additional bonding or other security may exceed the
maximum amount of the bond otherwise required under this
chapter. Failure to post the additional bond, certificate of
deposit, or other security constitutes grounds for suspension
or revocation of a license issued under this chapter.
(8) Notwithstanding any other provisions of this chapter,
the license of a warehouseman or grain dealer shall automatically be suspended in accordance with RCW 22.09.100 for
failure at any time to have or to maintain a bond, certificate of
deposit, or other security or combination thereof in the
amount and type required by this chapter. The department
shall remove the suspension or issue a license as the case may
be, when the required bond, certificate of deposit, or other
security has been obtained. [1987 c 509 § 2; 1983 c 305 § 27;
1975 1st ex.s. c 7 § 23; 1969 ex.s. c 132 § 2; 1963 c 124 § 9.]
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
Grain indemnity fund program: See RCW 22.09.405 through 22.09.471.
22.09.095
22.09.095 Single bond by multiple applicants. (1)
Two or more applicants for a warehouse or grain dealer
license may provide a single bond to the state of Washington,
executed by a corporate surety licensed to do business in this
state and designating each of the applicants as a principal on
said bond.
(2) The department shall promulgate rules establishing
the amount of the bond required under this section. In no
event shall that amount be less than ten percent of the aggregate amount of each of the bonds that would be required of
the applicants under RCW 22.09.090 or less than the amount
that would be required under RCW 22.09.090 for the applicant having the highest bond requirement under that section.
[1987 c 509 § 3.]
Severability—1987 c 509: See note following RCW 22.09.060.
Grain indemnity fund program: See RCW 22.09.405 through 22.09.471.
22.09.100
22.09.100 Bonds—Duration—Release of surety—
Cancellation by surety. (1) Every bond filed with and
(2004 Ed.)
Agricultural Commodities
approved by the department shall without the necessity of
periodic renewal remain in force and effect until such time as
the warehouseman or grain dealer license of each principal on
the bond is revoked or otherwise canceled.
(2) The surety on a bond, as provided in this chapter,
shall be released and discharged from all liability to the state,
as to a principal whose license is revoked or canceled, which
liability accrues after the expiration of thirty days from the
effective date of the revocation or cancellation of the license.
The surety on a bond under this chapter shall be released and
discharged from all liability to the state accruing on the bond
after the expiration of ninety days from the date upon which
the surety lodges with the department a written request to be
released and discharged. Nothing in this section shall operate
to relieve, release, or discharge the surety from any liability
which accrues before the expiration of the respective thirty or
ninety-day period. In the event of a cancellation by the surety,
the surety shall simultaneously send the notification of cancellation in writing to any other governmental agency
requesting it. Upon receiving any such request, the department shall promptly notify the principal or principals who
furnished the bond, and unless the principal or principals file
a new bond on or before the expiration of the respective thirty
or ninety-day period, the department shall forthwith cancel
the license of the principal or principals whose bond has been
canceled. [1987 c 509 § 4; 1983 c 305 § 28; 1963 c 124 § 10.]
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.110
22.09.110 Casualty insurance required—Certificate
to be filed. All commodities in storage in a warehouse shall
be kept fully insured for the current market value of the commodity for the license period against loss by fire, lightning,
internal explosion, windstorm, cyclone, and tornado. Evidence of the insurance coverage in the form of a certificate of
insurance approved by the department shall be filed by the
warehouseman with the department at the time of making
application for an annual license to operate a warehouse as
required by this chapter. The department shall not issue a
license until the certificate of insurance is received. [1983 c
305 § 29; 1963 c 124 § 11.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.120
22.09.120 Insurance—Cancellation procedure—Suspension of license. (1) Upon the existence of an effective
policy of insurance as required in RCW 22.09.110, the insurance company involved shall be required to give thirty days'
advance notice to the department by registered mail or certified mail return receipt requested of any cancellation of the
policy. In the event of any cancellation, the department, without hearing, shall immediately suspend the license of such
person, and the suspension shall not be removed until satisfactory evidence of the existence of an effective policy of
insurance, conditioned as above set out, has been submitted
to the department. [1963 c 124 § 12.]
22.09.150
or shipment, so far as the capacity and facilities of his warehouse will permit, all commodities included in the provisions
of this chapter, in suitable condition for storage, tendered him
in the usual course of business from historical depositors and
shall issue therefor a warehouse receipt or receipts in a form
prescribed by the department as provided in this chapter or a
scale weight ticket. Warehousemen may accept agricultural
commodities from new depositors who qualify to the extent
of the capacity of that warehouse. The deposit for handling,
conditioning, storage, or shipment of the commodity must be
credited to the depositor in the books of the warehouseman as
soon as possible, but in no event later than seven days from
the date of the deposit. If the commodity has been graded a
warehouse receipt shall be issued within ten days after
demand by the owner.
(2) If requested by the depositor, each lot of his commodity shall be kept in a special pile or special bin, if available, but in the case of a bulk commodity, if the lot or any
portion of it does not equal the capacity of any available bin,
the depositor may exercise his option to require the commodity to be specially binned only on agreement to pay charges
based on the capacity of the available bin most nearly approximating the required capacity.
(3) A warehouseman may refuse to accept for storage,
commodities that are wet, damaged, insect-infested, or in
other ways unsuitable for storage.
(4) Terminal and subterminal warehousemen shall
receive put through agricultural commodities to the extent
satisfactory transportation arrangements can be made, but
may not be required to receive agricultural commodities for
storage. [1983 c 305 § 30; 1981 c 296 § 38; 1979 ex.s. c 238
§ 16; 1963 c 124 § 13.]
Severability—1983 c 305: See note following RCW 20.01.010.
Severability—1981 c 296: See note following RCW 15.08.010.
22.09.140
22.09.140 Rights and duties of licensees—Partial
withdrawal—Adjustment or substitution of receipt—Liability to third parties. (1) When partial withdrawal of his
commodity is made by a depositor, the warehouseman shall
make appropriate notation thereof on the depositor's nonnegotiable receipt or on other records, or, if the warehouseman
has issued a negotiable receipt to the depositor, he shall
claim, cancel, and replace it with a negotiable receipt showing the amount of such depositor's commodity remaining in
the warehouse, and for his failure to claim and cancel, upon
delivery to the owner of a commodity stored in his warehouse, a negotiable receipt issued by him, the negotiation of
which would transfer the right to possession of such commodity, a warehouseman shall be liable to anyone who purchases such receipt for value and in good faith, for failure to
deliver to him all the commodity specified in the receipt,
whether such purchaser acquired title to the negotiable
receipt before or after delivery of any part of the commodity
by the warehouseman. [1963 c 124 § 14.]
22.09.150
22.09.130
22.09.130 Rights and duties of warehousemen—Duty
to serve—Receipts—Special binning—Unsuitable commodities—Put through commodities. (1) Every warehouseman shall receive for handling, conditioning, storage,
(2004 Ed.)
22.09.150 Rights and duties of warehousemen—
Delivery of stored commodities—Damages. (1) The duty
of the warehouseman to deliver the commodities in storage is
governed by the provisions of this chapter and the requirements of Article 7 of Title 62A RCW. Upon the return of the
[Title 22 RCW—page 7]
22.09.160
Title 22 RCW: Warehousing and Deposits
receipt to the proper warehouseman, properly endorsed, and
upon payment or tender of all advances and legal charges, the
warehouseman shall deliver commodities of the grade and
quantity named upon the receipt to the holder of the receipt,
except as provided by Article 7 of Title 62A RCW.
(2) A warehouseman's duty to deliver any commodity is
fulfilled if delivery is made pursuant to the contract with the
depositor or if no contract exists, then to the several owners
in the order of demand as rapidly as it can be done by ordinary diligence. Where delivery is made within forty-eight
hours excluding Saturdays, Sundays, and legal holidays after
facilities for receiving the commodity are provided, the delivery is deemed to comply with this subsection.
(3) No warehouseman may fail to deliver a commodity
as provided in this section, and delivery shall be made at the
warehouse or station where the commodity was received
unless the warehouseman and depositor otherwise agree in
writing.
(4) In addition to being subject to penalties provided in
this chapter for a violation of this section, if a warehouseman
unreasonably fails to deliver commodities within the time as
provided in this section, the person entitled to delivery of the
commodity may maintain an action against the warehouseman for any damages resulting from the warehouseman's
unreasonable failure to so deliver. In any such action the person entitled to delivery of the commodity has the option to
seek recovery of his actual damages or liquidated damages of
one-half of one percent of the value for each day's delay after
the forty-eight hour period. [1983 c 305 § 31; 1979 ex.s. c
238 § 17; 1963 c 124 § 15.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.160
22.09.160 Rights and duties of licensees—Disposition
of hazardous commodities. (1) If a warehouseman discovers that as a result of a quality or condition of a certain commodity placed in his warehouse, including identity preserved
commodities as provided for in RCW 22.09.130(2), of which
he had no notice at the time of deposit, such commodity is a
hazard to other commodities or to persons or to the warehouse he may notify the depositor that it will be removed. If
the depositor does not accept delivery of such commodity
upon removal the warehouseman may sell the commodity at
public or private sale without advertisement but with reasonable notification of the sale to all persons known to claim an
interest in the commodity. If the warehouseman after a reasonable effort is unable to sell the commodity, he may dispose of it in any other lawful manner and shall incur no liability by reason of such disposition.
(2) At any time prior to sale or disposition as authorized
in this section, the warehouseman shall deliver the commodity to any person entitled to it, upon proper demand and payment of charges.
(3) From the proceeds of sale or other disposition of the
commodity the warehouseman may satisfy his charges for
which otherwise he would have a lien, and shall hold the balance thereof for delivery on the demand of any person to
whom he would have been required to deliver the commodity. [1963 c 124 § 16.]
[Title 22 RCW—page 8]
22.09.170
22.09.170 Rights and duties of warehousemen—Special disposition of commodities under written order. If the
owner of the commodity or his authorized agent gives or furnishes to a licensed warehouseman a written instruction or
order, and if the order is properly made a part of the warehouseman's records and is available for departmental inspection, then the warehouseman:
(1) May receive the commodity for the purpose of processing or conditioning;
(2) May receive the commodity for the purpose of shipping by the warehouseman for the account of the depositor;
(3) May accept an agricultural commodity delivered as
seed and handle it pursuant to the terms of a contract with the
depositor and the contract shall be considered written instructions pursuant to this section. [1983 c 305 § 32; 1963 c 124 §
17.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.175
22.09.175 Presumptions regarding commodities—
Approval of contracts. (1) A commodity deposited with a
warehouseman without a written agreement for sale of the
commodity to the warehouseman shall be handled and considered to be a commodity in storage.
(2) A presumption is hereby created that in all written
agreements for the sale of commodities, the intent of the parties is that title and ownership to the commodities shall pass
on the date of payment therefor. This presumption may only
be rebutted by a clear statement to the contrary in the agreement.
(3) Any warehouseman or grain dealer entering into a
deferred price contract with a depositor shall first have the
form of the contract approved by the director. The director
shall adopt rules setting forth the standards for approval of
the contracts. [1983 c 305 § 33.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.180
22.09.180 Rights and duties of licensees—Records,
contents—Itemized charges. (1) The licensee shall maintain complete records at all times with respect to all agricultural commodities handled, stored, shipped, or merchandised
by him, including commodities owned by him. The department shall adopt rules specifying the minimum record-keeping requirements necessary to comply with this section.
(2) The licensee shall maintain an itemized statement of
any charges paid by the depositor. [1983 c 305 § 34; 1975 1st
ex.s. c 7 § 24; 1963 c 124 § 18.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.190
22.09.190 Rights and duties of warehousemen—
Rebates, preferences, etc., prohibited. No warehouseman
subject to the provisions of this chapter may:
(1) Directly or indirectly, by any special charge, rebate,
drawback, or other device, demand, collect, or receive from
any person a greater or lesser compensation for any service
rendered or to be rendered in the handling, conditioning, storage, or shipment of any commodity than he demands, collects, or receives from any other person for doing for him a
like and contemporaneous service in the handling, conditioning, storage, or shipment of any commodity under substantially similar circumstances or conditions;
(2004 Ed.)
Agricultural Commodities
(2) Make or give any undue or unreasonable preference
or advantage to any person in any respect whatsoever;
(3) Subject any particular person to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
[1983 c 305 § 35; 1963 c 124 § 19.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.195 Rights and duties of warehousemen—
RCW 22.09.190 inapplicable to contracts with governmental agencies. RCW 22.09.190 does not apply to contracts entered into with a governmental agency, state or federal, for the handling, conditioning, storage, or shipping of
agricultural commodities. [1983 c 305 § 36; 1979 ex.s. c 238
§ 24.]
22.09.195
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.200 Rights and duties of licensees—Reports to
department. Each licensee shall report information to the
department at such times and as may be reasonably required
by the department for the necessary enforcement and supervision of a sound, reasonable, and efficient commodity inspection program for the protection of depositors of commodities
and for persons or agencies who deal in commodities. [1983
c 305 § 37; 1963 c 124 § 20.]
22.09.200
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.220 Rights and duties of licensees—Premises,
construction and maintenance. A warehouse or station
shall be constructed and maintained in a manner adequate to
carry out the provisions of this chapter. [1963 c 124 § 22.]
22.09.220
22.09.230 Rights and duties of warehouse licensees—
Signs—Use of "Washington Bonded Warehouse." Every
warehouse licensee shall post at or near the main entrance to
each of his warehouses a sign as prescribed by the department
which shall include the words "Washington Bonded Warehouse." It is unlawful to display such sign or any sign of similar appearance or bearing the same words, or words of similar import, when the warehouse is not licensed and bonded
under this chapter. [1983 c 305 § 39; 1963 c 124 § 23.]
22.09.230
22.09.290
(2) Issue warehouse receipts in excess of the amount of
the commodities held in the licensee's warehouse to cover the
receipt;
(3) Remove, deliver, direct, assist, or permit any person
to remove, or deliver any commodity from any warehouse for
which warehouse receipts have been issued and are outstanding without receiving and canceling the warehouse receipt
issued therefor;
(4) Sell, encumber, ship, transfer, or in any manner
remove or permit to be shipped, transferred, or removed from
a warehouse any commodity received by him for deposit,
handling, conditioning, or shipment, for which scale weight
tickets have been issued without the written approval of the
holder of the scale weight ticket and such transfer shall be
shown on the individual depositor's account and the inventory records of the warehouseman;
(5) Remove, deliver, direct, assist, or permit any person
to deliver, or remove any commodities from any warehouse,
whereby the amount of any fairly representative grade or
class of any commodity in the warehouses of the licensee is
reduced below the amount for which warehouse receipts or
scale weight tickets for the particular commodity are outstanding;
(6) Issue a warehouse receipt showing a grade or
description different from the grade or description of the
commodity delivered;
(7) Issue a warehouse receipt or scale weight ticket that
exceeds the amount of the actual quantity of commodities
delivered for storage;
(8) Fail to deliver commodities pursuant to RCW
22.09.150 upon demand of the depositor;
(9) Knowingly accept for storage any commodity destined for human consumption that has been contaminated
with an agricultural pesticide or filth rendering it unfit for
human consumption, if the commodities are commingled
with any uncontaminated commodity;
(10) Terminate storage of a commodity in his warehouse
without giving thirty days' written notice to the depositor.
[1983 c 305 § 41; 1963 c 124 § 25.]
Severability—1983 c 305: See note following RCW 20.01.010.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.260
22.09.240
22.09.240 Rights and duties of warehousemen—
Schedule of rates—Posting—Revision. Every warehouseman shall annually, during the first week in July, publish by
posting in a conspicuous place in each of his warehouses the
schedule of handling, conditioning, and storage rates filed
with the department for the ensuing license year. The schedule shall be kept posted, and the rates shall not be changed
during such year except after thirty days' written notice to the
director and proper posting of the changes on the licensee's
premises. [1991 c 109 § 29; 1983 c 305 § 40; 1963 c 124 §
24.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.250 Rights and duties of warehousemen—
Unlawful practices. It is unlawful for a warehouseman to:
(1) Issue a warehouse receipt for any commodity that he
does not have in his warehouse at the time the receipt is
issued;
22.09.250
(2004 Ed.)
22.09.260 Deposit of commodities unfit for human
consumption—Notice. No depositor may knowingly
deliver for handling, conditioning, storage, or shipment any
commodity treated with an agricultural pesticide or contaminated with filth rendering it unfit for human consumption
without first notifying the warehouseman. [1983 c 305 § 42;
1963 c 124 § 26.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.290
22.09.290 Warehouse receipts—Required terms. (1)
Every warehouse receipt issued for commodities covered by
this chapter shall embody within its written or printed terms:
(a) The grade of the commodities as described by the
official standards of this state, unless the identity of the commodity is in fact preserved in a special pile or special bin, and
an identifying mark of such pile or bin shall appear on the
face of the receipt and on the pile or bin. A commodity in a
special pile or bin shall not be removed or relocated without
[Title 22 RCW—page 9]
22.09.300
Title 22 RCW: Warehousing and Deposits
canceling the outstanding receipt and issuing a new receipt
showing the change;
(b) Such other terms and conditions as required by Article 7 of Title 62A RCW: PROVIDED, That nothing contained therein requires a receipt issued for wheat to specifically state the variety of wheat by name;
(c) A clause reserving for the warehouseman the optional
right to terminate storage upon thirty days' written notice to
the depositor and collect outstanding charges against any lot
of commodities after June 30th following the date of the
receipt.
(2) Warehouse receipts issued under the United States
Warehouse Act (7 USCA § 241 et seq.) are deemed to fulfill
the requirements of this chapter so far as it pertains to the
issuance of warehouse receipts. [1989 c 354 § 46; 1983 c 305
§ 43; 1979 ex.s. c 238 § 19; 1963 c 124 § 29.]
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.320 Warehouse receipts—Lost or destroyed
receipts. In case any warehouse receipt issued by a licensee
shall be lost or destroyed, the owner thereof shall be entitled
to a duplicate receipt from the licensee upon executing and
delivering to the warehouseman issuing such receipt, a bond
in double the value of the commodity covered by such lost
receipt, with good and sufficient surety to indemnify the
warehouseman against any loss sustained by reason of the
issuance of such duplicate receipt, and such duplicate receipt
shall state that it is issued in lieu of the former receipt, giving
the number and date thereof. [1963 c 124 § 32.]
22.09.320
22.09.330 Scale weight tickets not precluded. Nothing in this chapter may be construed to prevent the issuance
of scale weight tickets showing when and what quantities of
commodities were received and the condition thereof upon
delivery. [1983 c 305 § 45; 1963 c 124 § 33.]
22.09.330
Severability—1983 c 305: See note following RCW 20.01.010.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.340 Examination of receipts and commodities—Request—Fee—Access to bins—Records and
accounts—Out-of-state offices. (1) Upon the request of any
person or persons having an interest in a commodity stored in
any public warehouse and upon payment of fifty dollars in
advance by the person or persons, the department may cause
the warehouse to be inspected and shall check the outstanding negotiable and nonnegotiable warehouse receipts, and
scale weight tickets that have not been superseded by negotiable or nonnegotiable warehouse receipts, with the commodities on hand and shall report the amount of receipts and
scale weight tickets outstanding and the amount of storage, if
any. If the cost of the examination is more than fifty dollars,
the person or persons having an interest in the commodity
stored in the warehouse and requesting the examination, shall
pay the additional cost to the department, unless a shortage is
found to exist.
(2) A warehouse shall be maintained in a manner that
will provide a reasonable means of ingress and egress to the
various storage bins and compartments by those persons
authorized to make inspections, and an adequate facility to
complete the inspections shall be provided.
(3) The property, books, records, accounts, papers, and
proceedings of every such warehouseman shall at all reasonable times be subject to inspection by the department. The
warehouseman shall maintain adequate records and systems
for the filing and accounting of warehouse receipts, canceled
warehouse receipts, scale weight tickets, other documents,
and transactions necessary or common to the warehouse
industry. Canceled warehouse receipts, copies of scale
weight tickets, and other copies of documents evidencing
ownership or ownership liability shall be retained by the
warehouseman for a period of at least three years from the
date of deposit.
(4) Any warehouseman whose principal office or headquarters is located outside the state of Washington shall make
available, if requested, during ordinary business hours, at any
of their warehouses licensed in the state of Washington, all
books, documents, and records for inspection.
(5) Any grain dealer whose principal office or headquarters is located outside the state of Washington shall make
available, if requested, all books, documents, and records for
22.09.340
22.09.300
22.09.300 Warehouse receipts—Forms, numbering,
printing, bond—Compliance with Article 7 of Title 62A
RCW—Confiscation. (1) All warehouse receipts issued
under this chapter shall be upon forms prescribed by the
department and supplied only to licensed warehousemen at
cost of printing, packing, and shipping, as determined by the
department. They shall contain the state number of such
license and shall be numbered serially for each state number
and the original negotiable receipts shall bear the state seal.
Requests for such receipts shall be on forms furnished by the
department and shall be accompanied by payment to cover
cost: PROVIDED, That the department by order may allow
a warehouseman to have his individual warehouse receipts
printed, after the form of the receipt is approved as in compliance with this chapter, and the warehouseman's printer shall
supply an affidavit stating the amount of receipts printed,
numbers thereof: PROVIDED FURTHER, That the warehouseman must supply a bond in an amount fixed by the
department and not to exceed five thousand dollars to cover
any loss resulting from the unlawful use of any such receipts.
(2) All warehouse receipts shall comply with the provisions of Article 7 of Title 62A RCW as enacted or hereafter
amended, except as to the variety of wheat as set forth in
RCW 22.09.290(1)(b) herein, and with the provisions of this
chapter where not inconsistent or in conflict with Article 7 of
Title 62A RCW. All receipts remaining unused shall be confiscated by the department if the license required herein is not
promptly renewed or is suspended, revoked, or canceled.
[1979 ex.s. c 238 § 20; 1963 c 124 § 30.]
22.09.310
22.09.310 Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty. Any person, or any
agent or servant of that person, or any officer of a corporation
who prints, binds, or delivers warehouse receipt forms,
except on an order or requisition signed by the director, or
who uses such forms knowing that they were not so printed,
bound, or delivered is guilty of a class C felony and is punishable as provided in chapter 9A.20 RCW. [1983 c 305 § 44;
1963 c 124 § 31.]
Severability—1983 c 305: See note following RCW 20.01.010.
[Title 22 RCW—page 10]
(2004 Ed.)
Agricultural Commodities
inspection during ordinary business hours at any facility
located in the state of Washington, or if no facility in the state
of Washington, then at a Washington state department of
agriculture office or other mutually acceptable place. [1983
c 305 § 46; 1963 c 124 § 34.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.345
22.09.345 Inspections—Notice, when issued—Failure to comply, penalty—Court order—Costs, expenses,
attorneys' fees. (1) The department may give written notice
to the warehouseman or grain dealer to submit to inspection,
and/or furnish required reports, documents, or other
requested information, under such conditions and at such
time as the department may deem necessary whenever a
warehouseman or grain dealer fails to:
(a) Submit his books, papers, or property to lawful
inspection or audit;
(b) Submit required reports or documents to the department by their due date; or
(c) Furnish the department with requested information,
including but not limited to correction notices.
(2) If the warehouseman or grain dealer fails to comply
with the terms of the notice within twenty-four hours from
the date of its issuance, or within such further time as the
department may allow, the department shall levy a fine of
fifty dollars per day from the final date for compliance
allowed by this section or the department. In those cases
where the failure to comply continues for more than thirty
days or where the director determines the failure to comply
creates a threat of loss to depositors, the department may, in
lieu of levying further fines petition the superior court of the
county where the licensee's principal place of business in
Washington is located, as shown by the license application,
for an order:
(a) Authorizing the department to seize and take possession of all books, papers, and property of all kinds used in
connection with the conduct or the operation of the warehouseman's or grain dealer's business, and the books, papers,
records, and property that pertain specifically, exclusively,
and directly to that business; and
(b) Enjoining the warehouseman or grain dealer from
interfering with the department in the discharge of its duties
as required by this chapter.
(3) All necessary costs and expenses, including attorneys' fees, incurred by the department in carrying out the provisions of this section may be recovered at the same time and
as part of the action filed under this section. [1987 c 393 §
20; 1983 c 305 § 47.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.350
22.09.350 Remedies of department on discovery of
shortage. (1) Whenever it appears that there is evidence
after any investigation that a warehouseman has a shortage,
the department may levy a fine of one hundred dollars per
day until the warehouseman covers the shortage.
(2) In any case where the director determines the shortage creates a substantial or continuing threat of loss to the
depositors of the warehouseman, the department may, in lieu
of levying a fine or further fines, give notice to the ware(2004 Ed.)
22.09.361
houseman to comply with all or any of the following requirements:
(a) Cover the shortage;
(b) Give additional bond as requested by the department;
(c) Submit to such inspection as the department may
deem necessary;
(d) Cease accepting further commodities from depositors
or selling, encumbering, transporting, or otherwise changing
possession, custody, or control of commodities owned by the
warehouseman until there is no longer a shortage.
(3) If the warehouseman fails to comply with the terms
of the notice provided for in subsection (2) of this section
within twenty-four hours from the date of its issuance, or
within such further time as the department may allow, the
department may petition the superior court of the county
where the licensee's principal place of business in Washington is located as shown by the license application, for an
order:
(a) Authorizing the department to seize and take possession of all or a portion of special piles and special bins of
commodities and all or a portion of commingled commodities in the warehouse or warehouses owned, operated, or controlled by the warehouseman, and of all books, papers, and
property of all kinds used in connection with the conduct or
the operation of the warehouseman's warehouse business,
and the books, papers, records, and property that pertain specifically, exclusively, and directly to that business; and
(b) Enjoining the warehouseman from interfering with
the department in the discharge of its duties as required by
this section. [1983 c 305 § 48; 1963 c 124 § 35.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.361
22.09.361 Seizure of commodities or warehouseman's records—Department duties—Warehouseman's
remedies—Expenses and attorneys' fees. (1) Whenever
the department, pursuant to court order, seizes and takes possession of all or a portion of special piles and special bins of
commodities, all or a portion of commingled commodities in
a warehouse owned, operated, or controlled by a warehouseman, or books, papers, and property of any kind used in connection with the conduct of a warehouseman's warehouse
business, the department shall:
(a) Give written notice of its action to the surety on the
bond of the warehouseman and may notify the holders of
record, as shown by the warehouseman's records, of all warehouse receipts or scale weight tickets issued for commodities,
to present their warehouse receipt or other evidence of deposits for inspection, or to account for the same. The department
may thereupon cause an audit to be made of the affairs of the
warehouse, especially with respect to the commodities in
which there is an apparent shortage, to determine the amount
of the shortage and compute the shortage as to each depositor
as shown by the warehouseman's records, if practicable. The
department shall notify the warehouseman and the surety on
his bond of the approximate amount of the shortage and
notify each depositor thereby affected by sending notice to
the depositor's last known address as shown by the records of
the warehouseman.
(b) Retain possession of the commodities in the warehouse or warehouses, and of the books, papers, and property
[Title 22 RCW—page 11]
22.09.371
Title 22 RCW: Warehousing and Deposits
of the warehouseman, until the warehouseman or the surety
on the bond has satisfied the claims of all holders of warehouse receipts or other evidence of deposits, or, in case the
shortage exceeds the amount of the bond, the surety on the
bond has satisfied the claims pro rata.
(2) At any time within ten days after the department
takes possession of any commodities or the books, papers,
and property of any warehouse, the warehouseman may serve
notice upon the department to appear in the superior court of
the county in which the warehouse is located, at a time to be
fixed by the court, which shall not be less than five nor more
than fifteen days from the date of the service of the notice,
and show cause why such commodities, books, papers, and
property should not be restored to his possession.
(3) All necessary expenses and attorneys' fees incurred
by the department in carrying out the provisions of this section may be recovered in the same action or in a separate civil
action brought by the department in the superior court.
(4) As a part of the expenses so incurred, the department
is authorized to include the cost of adequate liability insurance necessary to protect the department, its officers, and others engaged in carrying out the provisions of this section.
[1983 c 305 § 49.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.371
22.09.371 Depositor's lien. (1) When a depositor stores
a commodity with a warehouseman or sells a commodity to a
grain dealer, the depositor has a first priority statutory lien on
the commodity or the proceeds therefrom or on commodities
owned by the warehouseman or grain dealer if the depositor
has written evidence of ownership disclosing a storage obligation or written evidence of sale. The lien arises at the time
the title is transferred from the depositor to the warehouseman or grain dealer, or if the commodity is under a storage
obligation, the lien arises at the commencement of the storage
obligation. The lien terminates when the liability of the warehouseman or grain dealer to the depositor terminates or if the
depositor sells his commodity to the warehouseman or grain
dealer, then thirty days after the date title passes. If, however,
the depositor is tendered payment by check or draft, then the
lien shall not terminate until forty days after the date title
passes.
(2) The lien created under this section shall be preferred
to any lien or security interest in favor of any creditor of the
warehouseman or grain dealer, regardless of whether the
creditor's lien or security interest attached to the commodity
or proceeds before or after the date on which the depositor's
lien attached under subsection (1) of this section.
(3) A depositor who claims a lien under subsection (1) of
this section need not file any notice of the lien in order to perfect the lien.
(4) The lien created by subsection (1) of this section is
discharged, except as to the proceeds therefrom and except as
to commodities owned by the warehouseman or grain dealer,
upon sale of the commodity by the warehouseman or grain
dealer to a buyer in the ordinary course of business. [1987 c
393 § 21; 1983 c 305 § 50.]
Severability—1983 c 305: See note following RCW 20.01.010.
[Title 22 RCW—page 12]
22.09.381
22.09.381 Depositors' claims, processing by department. In the event of a failure of a grain dealer or warehouseman, the department may process the claims of depositors
possessing written evidence of ownership disclosing a storage obligation or written evidence of a sale of commodities in
the following manner:
(1) The department shall give notice and provide a reasonable time to depositors possessing written evidence of
ownership disclosing a storage obligation or written evidence
of sale of commodities to file their claims with the department.
(2) The department may investigate each claim and
determine whether the claimant's commodities are under a
storage obligation or whether a sale of the commodities has
occurred. The department may, in writing, notify each claimant and the failed grain dealer or warehouseman of the
department's determination as to the status and amount of
each claimant's claim. A claimant, failed warehouseman, or
grain dealer may request a hearing on the department's determination within twenty days of receipt of written notification,
and a hearing shall be held in accordance with chapter 34.05
RCW.
(3) The department may inspect and audit the failed
warehouseman to determine whether the warehouseman has
in his possession sufficient quantities of commodities to
cover his storage obligations. In the event of a shortage, the
department shall determine each depositor's pro rata share of
available commodities and the deficiency shall be considered
as a claim of the depositor. Each type of commodity shall be
treated separately for [the] purpose of determining shortages.
(4) The department shall determine the amount, if any,
due each claimant by the surety and make demand upon the
bond in the manner set forth in this chapter. [1983 c 305 §
51.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.391
22.09.391 Depositor's lien—Liquidation procedure.
Upon the failure of a grain dealer or warehouseman, the statutory lien created in RCW 22.09.371 shall be liquidated by
the department to satisfy the claims of depositors in the following manner:
(1) The department shall take possession of all commodities in the warehouse, including those owned by the warehouseman or grain dealer, and those that are under warehouse
receipts or any written evidence of ownership that discloses a
storage obligation by a failed warehouseman, including but
not limited to scale weight tickets, settlement sheets, and ledger cards. These commodities shall be distributed or sold and
the proceeds distributed to satisfy the outstanding warehouse
receipts or other written evidences of ownership. If a shortage
exists, the department shall distribute the commodities or the
proceeds from the sale of the commodities on a prorated basis
to the depositors. To the extent the commodities or the proceeds from their sale are inadequate to satisfy the claims of
depositors with evidence of storage obligations, the depositors have a first priority lien against any proceeds received
from commodities sold while under a storage obligation or
against any commodities owned by the failed warehouseman
or grain dealer.
(2) Depositors possessing written evidence of the sale of
a commodity to the failed warehouseman or grain dealer,
(2004 Ed.)
Agricultural Commodities
including but not limited to scale weight tickets, settlement
sheets, deferred price contracts, or similar commodity delivery contracts, who have completed delivery and passed title
during a thirty-day period immediately before the failure of
the failed warehouseman or grain dealer have a second priority lien against the commodity, the proceeds of the sale, or
warehouse-owned or grain dealer-owned commodities. If the
commodity, commodity proceeds, or warehouse-owned or
grain dealer-owned commodities are insufficient to wholly
satisfy the claim of depositors possessing written evidence of
the sale of the commodity to the failed warehouseman or
grain dealer, each depositor shall receive a pro rata share
thereof.
(3) Upon the satisfaction of the claims of depositors
qualifying for first or second priority treatment, all other
depositors possessing written evidence of the sale of the commodity to the failed warehouseman or grain dealer have a
third priority lien against the commodity, the proceeds of the
sale, or warehouse-owned or grain dealer-owned commodities. If the commodities, commodity proceeds, or warehouseowned or grain dealer-owned commodities are insufficient to
wholly satisfy these claims, each depositor shall receive a pro
rata share thereof.
(4) The director of agriculture may represent depositors
whom, under RCW 22.09.381, the director has determined
have claims against the failed warehouseman or failed grain
dealer in any action brought to enjoin or otherwise contest the
distributions made by the director under this section. [1987 c
393 § 22; 1983 c 305 § 52.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.405
22.09.405 Grain indemnity fund program—Activation—In lieu of other security. (1) The provisions of this
section and RCW 22.09.416 through 22.09.471 constitute the
grain indemnity fund program. RCW 22.09.416 through
22.09.471 shall take effect on a date specified by the director
but within ninety days after receipt by the director of a petition seeking implementation of the grain indemnity fund program provided for in this chapter and a determination by the
director, following a public hearing on said petition, that a
grain indemnity fund program is in the interest of the agricultural industry of this state. The petition shall be signed by licensees of at least thirty-three percent of the grain warehouses
and thirty-three percent of the grain dealers. At least sixty
days in advance, the director shall notify each licensed warehouse and grain dealer of the effective date of the grain
indemnity fund program provisions.
(2) The grain indemnity fund program, if activated by the
director, shall be in lieu of the bonding and security provisions of RCW 22.09.090 and 22.09.095. [1987 c 509 § 7.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.411
22.09.411 Grain indemnity fund program—Fund
established—Contents, deposits, disbursements, use. (1)
There is hereby established a fund to be known as the grain
indemnity fund. The grain indemnity fund shall consist of
assessments remitted by licensees pursuant to the provisions
of RCW 22.09.416 through 22.09.426.
(2) All assessments shall be paid to the department and
shall be deposited in the grain indemnity fund. The state trea(2004 Ed.)
22.09.421
surer shall be the custodian of the grain indemnity fund. Disbursements shall be on authorization of the director. No
appropriation is required for disbursements from this fund.
(3) The grain indemnity fund shall be used exclusively
for purposes of paying claimants pursuant to this chapter, and
paying necessary expenses of administering the grain indemnity fund, provided however, that moneys equivalent to onehalf of the interest earned by the fund for deposit to the general fund may be paid to the department to defray costs of
administering the warehouse audit program. The state of
Washington shall not be liable for any claims presented
against the fund. [1991 sp.s. c 13 § 67; 1987 c 509 § 8.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.416
22.09.416 Grain indemnity fund program—Assessments. (1) Every licensed warehouse and grain dealer and
every applicant for any such license shall pay assessments to
the department for deposit in the grain indemnity fund
according to the provisions of RCW 22.09.405 through
22.09.471 and rules promulgated by the department to implement this chapter.
(2) The rate of the assessments shall be established by
rule, provided however, that no single assessment against a
licensed warehouse or grain dealer or applicant for any such
license shall exceed five percent of the bond amount that
would otherwise have been required of such grain dealer,
warehouseman, or license applicant under RCW 22.09.090.
[1987 c 509 § 9.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.421
22.09.421 Grain indemnity fund program—Initial
assessment—Effect on preceding security—New applicants for warehouse or grain dealer licenses. (1) The
department shall establish the initial assessment within sixty
days of the activation of the grain indemnity fund program
pursuant to RCW 22.09.405. Immediately upon promulgation of the rule, the department shall issue notice to each
licensed warehouse and grain dealer of the assessment owed.
The initial assessment and assessments issued thereafter shall
be paid within thirty days of the date posted on the assessment notice.
(2) The surety bond or other security posted by a
licensed warehouse or grain dealer in effect immediately preceding the effective date of the grain indemnity fund program, shall remain in full force and effect and shall not be
released until thirty days after the initial assessment is paid. A
certificate of deposit or other security in effect immediately
preceding the effective date of the grain indemnity fund program shall remain on deposit until the initial assessment is
paid and until such certificate of deposit or other security is
released by the department following a prompt determination
that no outstanding claims are pending against the security.
(3) Each new applicant for a warehouse or grain dealer
license shall pay the assessment imposed pursuant to RCW
22.09.416 at the time of application. No license to operate as
a grain dealer or grain warehouse or both shall be issued until
such assessment is paid.
[Title 22 RCW—page 13]
22.09.426
Title 22 RCW: Warehousing and Deposits
Notwithstanding the provisions of RCW 22.09.416(2),
new applicants shall pay annual assessments into the grain
indemnity fund for an equivalent number of years as those
participating at the inception of the grain indemnity fund program and who continue to participate in the grain indemnity
fund program. [1987 c 509 § 10.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.426
22.09.426 Grain indemnity fund program—Annual
assessments—Limitations. The assessments imposed pursuant to RCW 22.09.416 shall be imposed annually, under
rules promulgated by the department, until such time as the
grain indemnity fund balance, less any outstanding claims,
reaches three million dollars. For any year in which the grain
indemnity fund balance, less any outstanding claims, exceeds
three million dollars on the annual assessment date, no
assessment shall be imposed by the department, except as
provided in RCW 22.09.421(3) or 22.09.431. [1987 c 509 §
11.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.431
22.09.431 Grain indemnity fund program—Additional security. The department may, when it has reason to
believe that a licensee does not have the ability to pay producers for grain purchased, or when it determines that the licensee does not have a sufficient net worth to outstanding
financial obligations ratio, require from the licensee the payment of an additional assessment or, at the department's
option, the posting of a bond or other additional security in an
amount to be prescribed by rule. The additional assessment or
other security may exceed the maximum amount set forth in
RCW 22.09.416. Failure of the licensee to timely pay the
additional assessment or post the additional bond or other
security constitutes grounds for suspension or revocation of a
license issued under this chapter. [1987 c 509 § 12.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.436
22.09.436 Grain indemnity fund program—Advisory committee. (1) There is hereby created a grain indemnity fund advisory committee consisting of six members to be
appointed by the director. The director shall make appointments to the committee no later than seven days following the
date this section becomes effective pursuant to RCW
22.09.405. Of the initial appointments, three shall be for twoyear terms and three shall be for three-year terms. Thereafter,
appointments shall be for three-year terms, each term ending
on the same day of the same month as did the term preceding
it. Any member appointed to fill a vacancy occurring prior to
the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of the
predecessor's term.
(2) The committee shall be composed of two producers
primarily engaged in the production of agricultural commodities, two licensed grain dealers, and two licensed grain warehousemen.
(3) The committee shall meet at such places and times as
it shall determine and as often as necessary to discharge the
duties imposed upon it. Each committee member shall be
compensated in accordance with RCW 43.03.240 and shall
be reimbursed for travel and subsistence expense under RCW
[Title 22 RCW—page 14]
43.03.050 and 43.03.060. The expenses of the committee and
its operation shall be paid from the grain indemnity fund.
(4) The committee shall have the power and duty to
advise the director concerning assessments, administration of
the grain indemnity fund, and payment of claims from the
fund. [1987 c 509 § 13.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.441
22.09.441 Grain indemnity fund program—Processing of claims. In the event a grain dealer or warehouse fails,
as defined in RCW 22.09.011(21), or otherwise fails to comply with the provisions of this chapter or rules promulgated
hereunder, the department shall process the claims of depositors producing written evidence of ownership disclosing a
storage obligation or written evidence of a sale of commodities for damages caused by the failure, in the following manner:
(1) The department shall give notice and provide a reasonable time, not to exceed thirty days, to depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of sale of commodities to file their
written verified claims with the department.
(2) The department may investigate each claim and
determine whether the claimant's commodities are under a
storage obligation or whether a sale of commodities has
occurred. The department shall notify each claimant, the
grain warehouseman or grain dealer, and the committee of
the department's determination as to the validity and amount
of each claimant's claim. A claimant, warehouseman, or grain
dealer may request a hearing on the department's determination within twenty days of receipt of written notification and
a hearing shall be held by the department pursuant to chapter
34.05 RCW. Upon determining the amount and validity of
the claim, the director shall pay the claim from the grain
indemnity fund.
(3) The department may inspect and audit a failed warehouseman, as defined by RCW 22.09.011(21) to determine
whether the warehouseman has in his possession, sufficient
quantities of commodities to cover his storage obligations. In
the event of a shortage, the department shall determine each
depositor's pro rata share of available commodities and the
deficiency shall be considered as a claim of the depositor.
Each type of commodity shall be treated separately for the
purpose of determining shortages. [1987 c 509 § 14.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.446
22.09.446 Grain indemnity fund program—Failure
to file claim in time. If a depositor or creditor, after notification, refuses or neglects to file in the office of the director his
verified claim against a warehouseman or grain dealer as
requested by the director within thirty days from the date of
the request, the director shall thereupon be relieved of
responsibility for taking action with respect to such claim
later asserted and no such claim shall be paid from the grain
indemnity fund. [1987 c 509 § 15.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.451
22.09.451 Grain indemnity fund program—Payment
limitations. Subject to the provisions of RCW 22.09.456 and
22.09.461 and to a maximum payment of seven hundred fifty
(2004 Ed.)
Agricultural Commodities
thousand dollars on all claims against a single licensee,
approved claims against a licensed warehouseman or
licensed grain dealer shall be paid from the grain indemnity
fund in the following amounts:
(1) Approved claims against a licensed warehouseman
shall be paid in full;
(2) Approved claims against a licensed grain dealer for
payments due within thirty days of transfer of title shall be
paid in full for the first twenty-five thousand dollars of the
claim. The amount of such a claim in excess of twenty-five
thousand dollars shall be paid to the extent of eighty percent;
(3) Approved claims against a licensed grain dealer for
payments due between thirty and ninety days of transfer of
title shall be paid to the extent of eighty percent;
(4) Approved claims against a licensed grain dealer for
payments due after ninety days from transfer of title shall be
paid to the extent of seventy-five percent;
(5) In the event that approved claims against a single licensee exceed seven hundred fifty thousand dollars, recovery
on those claims shall be prorated. [1987 c 509 § 16.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.456
22.09.456 Grain indemnity fund program—Additional payment limitations. In addition to the payment limitations imposed by RCW 22.09.451, payment of any claim
approved before the grain indemnity fund first reaches a balance of one million two hundred fifty thousand dollars, shall
be limited to the following amounts:
(1) For claims against a licensed grain warehouse, payment shall not exceed the lesser of seven hundred fifty thousand dollars or an amount equal to the licensee's total bushels
of licensed storage space multiplied by the rate of eighteen
cents.
(2) For claims against a licensed grain dealer, payment
shall not exceed the lesser of seven hundred fifty thousand
dollars or an amount equal to six percent of the gross purchases of the licensee during the licensee's immediately preceding fiscal year.
(3) The unpaid balance of any claim subject to this section shall be paid when the grain indemnity fund first reaches
a balance of one million two hundred fifty thousand dollars,
provided that the total paid on the claim shall not exceed the
limits specified in RCW 22.09.451. [1987 c 509 § 17.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.461
22.09.461 Grain indemnity fund program—Payment
of claims—Restrictions, priority. The requirement that the
state of Washington pay claims under this chapter only exists
so long as the grain indemnity fund contains sufficient money
to pay the claims. Under no circumstances whatsoever may
any funds (other than assessment amounts and other money
obtained under this chapter) be used to pay claims. In the
event that the amount in the grain indemnity fund is insufficient to pay all approved claims in the amount provided for
under RCW 22.09.451 or 22.09.456, the claims shall be paid
in the order in which they were filed with the department,
until such time as sufficient moneys are available in the grain
indemnity fund to pay all of the claims. [1987 c 509 § 18.]
Severability—1987 c 509: See note following RCW 22.09.060.
(2004 Ed.)
22.09.570
22.09.466
22.09.466 Grain indemnity fund program—Debt and
obligation of grain dealer or warehouseman—Recovery
by director. Amounts paid from the grain indemnity fund in
satisfaction of any approved claim shall constitute a debt and
obligation of the grain dealer or warehouseman against
whom the claim was made. On behalf of the grain indemnity
fund, the director may bring suit, file a claim, or intervene in
any legal proceeding to recover from the grain dealer or
warehouseman the amount of the payment made from the
grain indemnity fund, together with costs and attorneys' fees
incurred. In instances where the superior court is the appropriate forum for a recovery action, the director may elect to
institute the action in the superior court of Thurston county.
[1987 c 509 § 19.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.471
22.09.471 Grain indemnity fund program—Proceedings against licensee. The department may deny, suspend,
or revoke the license of any grain dealer or warehouseman
who fails to timely pay assessments to the grain indemnity
fund or against whom a claim has been made, approved, and
paid from the grain indemnity fund. Proceedings for the
denial, suspension, or revocation shall be subject to the provisions of chapter 34.05 RCW. [1987 c 509 § 20.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.520
22.09.520 Deposits as bailments. Whenever any commodity shall be delivered to a warehouse under this chapter,
and the scale ticket or warehouse receipt issued therefor provides for the return of a like amount of like kind, grade, and
class to the holder thereof, such delivery shall be a bailment
and not a sale of the commodity so delivered. In no case shall
such commodities be liable to seizure upon process of any
court in an action against such bailee, except action by the
legal holder of the warehouse receipt to enforce the terms
thereof. Such commodities, in the event of failure or insolvency of such bailee, shall be applied exclusively to the
redemption of such outstanding warehouse receipts and scale
weight tickets covering commodities so stored with such bailee. The commodities on hand in any warehouse or warehouses with a particular license, as provided in RCW
22.09.030, shall be applied to the redemption and satisfaction
of warehouse receipts and scale weight tickets which were
issued pursuant to the particular license. Commodities in special piles or special bins shall be applied exclusively against
the warehouse receipts or scale weight tickets issued therefor.
[1987 c 393 § 23; 1963 c 124 § 52.]
22.09.570
22.09.570 Action on bond by director—Authorized—Grounds. The director may bring action upon the
bond of a warehouseman or grain dealer against both principal against whom a claim has been made and the surety in any
court of competent jurisdiction to recover the damages
caused by any failure to comply with the provisions of this
chapter or the rules adopted hereunder. Recovery for damages against a warehouseman or grain dealer on a bond furnished under RCW 22.09.095 shall be limited to the bond
amount that would be required for that warehouseman or
grain dealer under RCW 22.09.090. [1987 c 509 § 5; 1983 c
305 § 56; 1975 1st ex.s. c 7 § 29.]
[Title 22 RCW—page 15]
22.09.580
Title 22 RCW: Warehousing and Deposits
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.580
22.09.580 Action on bond by director—Failure of
depositor creditor to file claim upon request—Effect. If a
depositor creditor after notification fails, refuses, or neglects
to file in the office of the director his verified claim against a
warehouseman or grain dealer bond as requested by the director within thirty days from the date of the request, the director
shall thereupon be relieved of further duty or action under
this chapter on behalf of the depositor creditor. [1983 c 305
§ 57; 1975 1st ex.s. c 7 § 30.]
Severability—1983 c 305: See note following RCW 20.01.010.
thirty days after written demand to the department, any
depositor injured by the failure of a licensee to comply with
the condition of his bond has a right of action upon the licensee's bond for the recovery of his damages. The depositor
shall give the department immediate written notice of the
commencement of any such action.
(2) Recovery under the bond shall be prorated when the
claims exceed the liability under the bond.
(3) Whenever the claimed shortage exceeds the amount
of the bond, it is not necessary for any depositor suing on the
bond to join other depositors in the suit, and the burden of
establishing proration is on the surety as a matter of defense.
[1983 c 305 § 53; 1963 c 124 § 37. Formerly RCW
22.09.370.]
22.09.590
22.09.590 Action on bond by director—Records as to
depositor creditors missing or information incomplete—
Effect. Where by reason of the absence of records or other
circumstances making it impossible or unreasonable for the
director to ascertain the names and addresses of all the depositor creditors, the director after exerting due diligence and
making reasonable inquiry to secure that information from all
reasonable and available sources, may make demand on a
warehouseman's or grain dealer's bond on the basis of information then in his possession, and thereafter shall not be liable or responsible for claims or the handling of claims that
may subsequently appear or be discovered. [1983 c 305 § 58;
1975 1st ex.s. c 7 § 31.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.600
22.09.600 Action on bond by director—Powers of
director. Upon ascertaining all claims and statements in the
manner set forth in this chapter, the director may then make
demand upon the warehouseman's or grain dealer's bond on
behalf of those claimants whose claims and statements have
been filed, and has the power to settle or compromise the
claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and discharge of the bond involved. [1983 c 305 § 59; 1975 1st ex.s.
c 7 § 32.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.610
22.09.610 Action on bond by director—When authorized—New bond, when required—Penalty for failure to
file. Upon the refusal of the surety company to pay the
demand, the director may thereupon bring an action on the
warehouseman's or grain dealer's bond in behalf of the depositor creditors. Upon any action being commenced on the
bond, the director may require the filing of a new bond, and
immediately upon the recovery in any action on the bond, a
new bond shall be filed. The failure to file the new bond or
otherwise satisfy the security requirements of this chapter
within ten days in either case constitutes grounds for the suspension or revocation of the license of any principal on the
bond. [1987 c 509 § 6; 1983 c 305 § 60; 1975 1st ex.s. c 7 §
33.]
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.615
22.09.615 Action by depositor upon licensee's bond.
(1) If no action is commenced under RCW 22.09.570 within
[Title 22 RCW—page 16]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.620
22.09.620 Payment for agricultural commodities
purchased—Time requirements. Every warehouseman or
grain dealer must pay for agricultural commodities purchased
by him at the time and in the manner specified in the contract
with the depositor, but if no time is set by the contract, then
within thirty days after taking possession for purpose of sale
or taking title of the agricultural product. [1983 c 305 § 62;
1975 1st ex.s. c 7 § 34.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.630
22.09.630 Payment violations—Recovery by department—Charges to depositors. When a violation has
occurred which results in improper payment or nonpayment
and a claim is made to the department and the payment is
secured through the actions of the department the following
charges will be made to the depositor for the action of the
department in the matter:
(1) When reported within thirty days from time of
default, no charge.
(2) When reported thirty days to one hundred eighty days
from time of default, five percent.
(3) When reported after one hundred eighty days from
time of default, ten percent. [1975 1st ex.s. c 7 § 35.]
22.09.640
22.09.640 Publication and distribution of list of
licensed warehouses. Notwithstanding the provisions of
chapter 42.17 RCW, the department shall publish annually
and distribute to interested parties, a list of licensed warehouses showing the location, county, capacity, and bond coverage for each company. [1979 ex.s. c 238 § 25.]
22.09.650
22.09.650 Remedies of department as to stations.
When a station is licensed pursuant to this chapter, the
department may assert any and all the remedies provided for
in this chapter, including but not limited to those remedies
provided for in RCW 22.09.350. Furthermore, if inspection
of that portion of the station located in the contiguous state is
refused by the licensee, the department may give notice to the
licensee to submit to such inspection as the department may
deem necessary.
If the station refuses to comply with the terms of the
notice within twenty-four hours, the director may summarily
suspend the station's license pending a hearing in compliance
(2004 Ed.)
Agricultural Commodities
with chapter 34.05 RCW. [1983 c 305 § 63; 1979 ex.s. c 238
§ 26.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.660
22.09.660 Emergency storage situation—Forwarding to other warehouses. Upon determining that an emergency storage situation appears to exist, the director may
authorize the warehouseman to forward grain that is covered
by negotiable receipts to other licensed warehouses for storage without canceling and reissuing the negotiable receipts
pursuant to conditions established by rule. [2003 c 13 § 1;
1983 c 305 § 64.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.710
22.09.710 Designation of inspection points and terminal warehouses. The department may designate a warehouse located at an inspection point as a terminal warehouse.
The department shall, by rule, designate inspection points
which shall be provided with state/federal inspection and
weighing services commencing July 1, 1979. The revenue
from inspection and weighing shall equal the cost of providing such services. Where the department after hearing determines that such cities are no longer necessary as inspection
points it may by rule change such designated inspection
points by removing one or more locations. [1979 ex.s. c 238
§ 21; 1963 c 124 § 38. Formerly RCW 22.09.380.]
22.09.750
and made accessible for sampling at inspection points during
customary business hours.
(1) No inspector shall issue a certificate of grade, grading
factors, condition, or other qualitative measurement for any
commodity unless the inspection or grading thereof be based
upon a correct and representative sample of the commodity
and the inspection is made under conditions which permit the
determination of its true grade or quality, except as provided
in subsections (2) and (3) of this section. No sample shall be
deemed to be representative unless it is of the size and procured in accordance with the uniform methods prescribed by
the department.
(2) An inspection may be made of a submitted sample of
a commodity, provided that the certificate issued in such case
clearly shows that the inspection or grading covers only the
submitted sample of such commodity and not the lot from
which it is purportedly drawn.
(3) When commodities are tendered for inspection in
such a manner as to make the drawing of a representative
sample impossible, a qualified inspection may be made. In
such case, the certificate shall clearly show the condition preventing proper sampling such as heavily loaded car, truck,
barge, or other container, or other condition. [1989 c 354 §
48; 1963 c 124 § 40. Formerly RCW 22.09.400.]
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.740
22.09.720
22.09.720 Grades and standards of commodities—
Regulations. The grades and standards established by the
United States department of agriculture as of September 30,
1988, for all commodities included within the provisions of
this chapter are hereby adopted as the grades and standards
for such commodities in this state: PROVIDED, That the
department is hereby authorized to adopt by regulation any
new or future amendments to such federal grades and standards. The department is also authorized to issue regulations
whether or not in accordance with the federal government
and to prescribe therein grades and standards which it may
deem suitable for inspection of commodities in the state of
Washington. In adopting any new or amendatory regulations
the department shall give appropriate consideration, among
other relevant factors, to the following:
(1) The usefulness of uniform federal and state grades;
(2) The common classifications given such commodities
within the industry;
(3) The utility of various grades;
(4) The kind and type of grades requested by those dealing with the particular type of commodity; and
(5) The condition of the commodity with regard to its
wholesomeness and purity. [1989 c 354 § 47; 1963 c 124 §
39. Formerly RCW 22.09.390.]
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.730
22.09.730 Inspection or grading of commodities—
Methods. Inspection or grading of a lot, partial lot, or sample
of a commodity tendered for inspection or grading under this
chapter shall consist of taking and examining a representative
sample thereof and making such tests as are necessary to
determine its grade, condition, or other qualitative measurement. Commodities tendered for inspection must be offered
(2004 Ed.)
22.09.740 Inspection or grading of commodities—
File samples, retention. From all commodities inspected,
samples may be drawn, which samples, unless returned by
agreement to the applicant, shall become the property of the
state and subject to disposition by the department. Upon
request the department may transmit a portion of such samples to interested parties upon payment of a reasonable fee
set by regulation. Official state file samples shall be retained
for periods prescribed by state or federal regulation. [1989 c
354 § 49; 1963 c 124 § 41. Formerly RCW 22.09.410.]
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.750
22.09.750 Inspection or grading of commodities—
Powers and duties of inspectors at terminal warehouses—
Recordkeeping. The department's inspectors shall, at terminal warehouses, have exclusive control of the weighing,
inspecting, and grading of the commodities that are included
within the provisions of this chapter: PROVIDED, That official supervision of weighing under the United States grain
standards act shall be deemed in compliance with this section. The action and the certificates of the inspectors in the
discharge of their duties, as to all commodities inspected or
weighed by them, shall be accepted as prima facie evidence
of the correctness of the above activity. Suitable books and
records shall be maintained in which shall be entered a record
of each inspection activity and the fees assessed and collected. These books and records shall be available for inspection by any party of interest during customary business hours.
The records shall be maintained for periods set by regulation.
[1989 c 354 § 50; 1983 c 305 § 54; 1963 c 124 § 42. Formerly
RCW 22.09.420.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
[Title 22 RCW—page 17]
22.09.760
Title 22 RCW: Warehousing and Deposits
22.09.760
22.09.760 Inspection or grading of commodities—No
inspection if commodity is to be loaded into defective container. No inspection shall be made of any commodity
which is to be loaded into a vessel, vehicle, or other container, if it appears that the hold, compartment, or other
enclosure into which the commodity is to be loaded is in such
condition as to contaminate the commodity or lower the
grade. [1963 c 124 § 43. Formerly RCW 22.09.430.]
22.09.770
22.09.770 Inspection or grading of commodities—
Unlawful practices—Penalty. Any department employee
who shall, directly or indirectly, accept any money or other
consideration for any neglect of duty or any improper performance of duty as such department employee; or any person
who shall knowingly cause or attempt to cause the issuance
of a false or incorrect grade or weight certificate under this
chapter by deceptive loading, handling, or sampling of commodities or by submitting commodities for inspection knowing that it has been so loaded, handled, or sampled, or by any
other means; shall be deemed guilty of a misdemeanor.
[1963 c 124 § 44. Formerly RCW 22.09.440.]
22.09.780
22.09.780 Inspection or grading of commodities. (1)
In case any owner, consignee, or shipper of any commodity
included under the provisions of this chapter, or his agent or
broker, or any warehouseman shall be aggrieved at the grading of such commodity, the person may request a reinspection or appeal inspection within three business days from the
date of certificate. The reinspection or appeal may be based
in the official file sample or upon a new sample drawn from
the lot of the grain or commodity if the lot remains intact and
available for sampling. The reinspection or appeal inspection
shall be of the same factors and scope as the original inspection.
(2) For commodities inspected under federal standards,
the reinspection and appeal inspection procedure provided in
the applicable federal regulations shall apply. For commodities inspected under state standards, the department shall provide a minimum of a reinspection and appeal inspection service. The reinspection shall consist of a full review of all relevant information and a reexamination of the commodity to
determine the correctness of the grade assigned or other
determination. The reinspection shall be performed by an
authorized inspector of the department other than the inspector who performed the original inspection unless no other
inspector is available. An appeal inspection shall be performed by a supervisory inspector.
(3) If the grading of any commodity for which federal
standards have been fixed and the same adopted as official
state standards has not been the subject of a hearing, in accordance with subsection (2) of this section, any interested party
who is aggrieved with the grading of such commodity, may,
with the approval of the secretary of the United States department of agriculture, appeal to the federal grain supervisor of
the supervision district in which the state of Washington may
be located. Such federal grain supervisor shall confer with the
department inspectors and any other interested party and
shall make such tests as he may deem necessary to determine
the correct grade of the commodity in question. Such federal
grade certificate shall be prima facie evidence of the correct
grade of the commodity in any court in the state of Washing[Title 22 RCW—page 18]
ton. [1989 c 354 § 51; 1963 c 124 § 45. Formerly RCW
22.09.450.]
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.790
22.09.790 Inspection or grading of commodities—
Fees and charges. (1) The department shall fix the fees for
inspection, grading, and weighing of the commodities
included under the provisions of this chapter, which fees shall
be sufficient to cover the cost of such service. The fees for
inspection, weighing, and grading of such commodities shall
be a lien upon the commodity so weighed, graded, or
inspected which the department may require to be paid by the
carrier or agent transporting the same and treated by it as an
advanced charge, except when the bill of lading contains the
notation "not for terminal weight and grade," and the commodity is not unloaded at a terminal warehouse.
(2) The department is authorized to make any tests relating to grade or quality of commodities covered by this chapter. The department may inspect and approve facilities and
vessels to be used in transporting such commodities and provide any other necessary services. It may fix and charge a reasonable fee to be collected from the person or his agent
requesting such service.
(3) The department shall so adjust the fees to be collected under this chapter as to meet the expenses necessary to
carry out the provisions hereof, and may prescribe a different
scale of fees for different localities. The department may also
prescribe a reasonable charge for service performed at places
other than terminal warehouses in addition to the regular fees
when necessary to avoid rendering the services at a loss to the
state. [1963 c 124 § 46. Formerly RCW 22.09.460.]
22.09.800
22.09.800 Inspection or grading of commodities—
Scales and weighing. If any terminal warehouse at inspection points is provided with proper scales and weighing facilities, the department may weigh the commodity upon the
scales so provided. The department at least once each year
shall cause to be examined, tested, and corrected, all scales
used in weighing commodities in any of the cities designated
as inspection points in this chapter or such places as may be
hereinafter designated, and after such scale is tested, if found
to be correct and in good condition, to seal the weights with a
seal provided for that purpose and issue to the owner or proprietor a certificate authorizing the use of such scales for
weighing commodities for the ensuing year, unless sooner
revoked by the department. If such scales be found to be inaccurate or unfit for use, the department shall notify the party
operating or using them, and the party thus notified shall, at
his own expense, thoroughly repair the same before attempting to use them and until thus repaired or modified to the satisfaction of the department the certificate of such party shall
be suspended or revoked at the discretion of the department.
The party receiving such certificate shall pay to the department a reasonable fee for such inspection and certificate to be
fixed by the department. It shall be the duty of the department
to see that the provisions of this section are strictly enforced.
[1963 c 124 § 47. Formerly RCW 22.09.470.]
22.09.810
22.09.810 Inspection or grading of commodities—
Inspection of commodities shipped to or from places
(2004 Ed.)
Agricultural Commodities
other than inspection points. In case any commodity under
the provisions of this chapter is sold for delivery on Washington grade to be shipped to or from places not provided with
state inspection under this chapter, the buyer, seller, or persons making delivery may have it inspected by notifying the
department or its inspectors, whose duty it shall be to have
such commodity inspected, and after it is inspected, to issue
to the buyer, seller, or person delivering it, without undue
delay, a certificate showing the grade of such commodity.
The person or persons, or his agent, calling for such inspection shall pay for such inspection a reasonable fee to be fixed
by the department. [1963 c 124 § 48. Formerly RCW
22.09.480.]
22.09.820
22.09.820 Inspection or grading of commodities—
Unloading commodity without inspection or weighing.
When commodities are shipped to points where inspection is
provided and the bill of lading does not contain the notation
"not for terminal weight and grade" and the commodity is
unloaded by or on account of the consignee or his assignee
without being inspected or weighed by a duly authorized
inspector under the provisions of this chapter, the shipper's
weight and grade shall be conclusive and final and shall be
the weight and grade upon which settlement shall be made
with the seller, and the consignee or his assignee, by whom
such commodities are so unlawfully unloaded shall be liable
to the seller thereof for liquidated damages in an amount
equal to ten percent of the sale price of such commodities
computed on the basis of the shipper's weight and grade.
[1963 c 124 § 49. Formerly RCW 22.09.490.]
22.09.830
22.09.830 Grain inspection revolving fund—Hop
inspection fund—Grain warehouse audit account. (1) All
moneys collected as fees for weighing, grading, and inspecting commodities and all other fees collected under the provisions of this chapter, except as provided in subsections (2)
and (3) of this section, shall be deposited in the grain inspection revolving fund, which is hereby established. The state
treasurer is the custodian of the revolving fund. Disbursements from the revolving fund shall be on authorization of
the director of the department of agriculture. The revolving
fund is subject to the allotment procedure provided in chapter
43.88 RCW, but no appropriation is required for disbursements from the fund. The fund shall be used for all expenses
directly incurred by the grain inspection program in carrying
out the provisions of this chapter and for departmental
administrative expenses during the 1993-95 biennium. The
department may use so much of such fund not exceeding five
percent thereof as the director of agriculture may determine
necessary for research and promotional work, including rate
studies, relating to wheat and wheat products.
(2) All fees collected for the inspection, grading, and
testing of hops shall be deposited into the hop inspection
fund, which is hereby established, and shall be retained by the
department for the purpose of inspecting, grading, and testing
hops. Any moneys in any fund retained by the department on
July 1, 1963, and derived from hop inspection and grading
shall be deposited to this hop inspection fund. For the purposes of research which would contribute to the development
of superior hop varieties and to improve hop production and
(2004 Ed.)
22.09.860
harvest practices, the department may expend up to twenty
percent of the moneys deposited in the hop inspection fund
during the fiscal year ending June 30th immediately preceding the year in which such expenditures are to be made. No
expenditures shall be made under the provisions of this subsection when the hop inspection fund is, or the director may
reasonably anticipate that it will be, reduced below twenty
thousand dollars as the result of such expenditure or other
necessary expenditures made to carry out the inspection,
grading, and testing of hops.
(3) All moneys collected by the grain warehouse audit
program, including grain warehouse license fees pursuant to
RCW 22.09.050 and 22.09.055, shall be deposited by the
director into the grain warehouse audit account, hereby created within the agricultural local fund established in RCW
43.23.230. Moneys collected shall be used to support the
grain warehouse audit program. [1994 sp.s. c 6 § 901; 1994
c 46 § 6; 1989 c 354 § 52; 1981 c 297 § 25; 1963 c 124 § 50.
Formerly RCW 22.09.500.]
Reviser's note: This section was amended by 1994 c 46 § 6 and by
1994 sp.s. c 6 § 901, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—1994 sp.s. c 6: See notes following
RCW 28A.310.020.
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 297: See note following RCW 15.36.201.
22.09.840
22.09.840 Fumigated conveyances to be labeled. It
shall be unlawful to ship commodities in closed conveyances
which have been fumigated without labeling such railroad
car, vehicle, or other conveyance to show that it has been
fumigated. The label shall show the type of fumigant used
and the date of application. [1963 c 124 § 53. Formerly RCW
22.09.530.]
22.09.850
22.09.850 Railroads to provide side tracks and track
scales—Weighing of cars. Any railroad delivering commodities covered by this chapter in cars at designated inspection points shall provide convenient and suitable side tracks
at such places as the department may approve. All cars billed
for inspection shall be placed on such side tracks and the
department shall be notified by the railroad in accordance
with department regulations. Such railroad company shall
provide suitable track scales for weighing cars of commodities upon the request of interested persons. Upon request, the
department may weigh, or supervise the weighing of all cars
of commodities received over the line of such railroad. Such
weighing shall be conditioned upon the weighing of such cars
after unloading to determine the actual weight of commodities delivered. [1963 c 124 § 28. Formerly RCW 22.09.280.]
22.09.860
22.09.860 Police protection of terminal yards and
tracks. All railroad companies and warehousemen operating
in the cities provided for inspection by this chapter shall furnish ample and sufficient police protection to all their several
terminal yards and terminal tracks to securely protect all cars
containing commodities while the same are in their possession. They shall prohibit and restrain all unauthorized persons, whether under the guise of sweepers, or under any other
[Title 22 RCW—page 19]
22.09.870
Title 22 RCW: Warehousing and Deposits
pretext whatever, from entering or loitering in or about their
railroad yards or tracks and from entering any car of commodities under their control, or removing commodities therefrom, and shall employ and detail such number of watchmen
as may be necessary for the purpose of carrying out the provisions of this section. [1963 c 124 § 27. Formerly RCW
22.09.270.]
22.09.870
22.09.870 Injunctions. The director may bring an
action in the name of the state to temporarily and/or permanently enjoin the violation of any provision of this chapter or
any rule adopted pursuant to this chapter in the superior court
in the county in which such violation occurs notwithstanding
the existence of any other remedy at law. [1963 c 124 § 54.
Formerly RCW 22.09.540.]
ant to the provisions of chapter 34.05 RCW concerning the
adoption of rules. [1963 c 124 § 56.]
22.09.910
22.09.910 Savings—1963 c 124. The enactment of this
chapter shall not have the effect of terminating, or in any way
modifying any liability, civil or criminal, which shall already
be in existence on July 1, 1963. [1963 c 124 § 57.]
22.09.920
22.09.920 Construction as to Article 7 of Title 62A
RCW. Nothing in this chapter, with the exception of RCW
22.09.290(1)(b), shall be deemed to repeal, amend, or modify
Article 7 of Title 62A RCW. [1979 ex.s. c 238 § 23; 1963 c
124 § 59.]
22.09.930
22.09.930 Effective date—1963 c 124. The effective
date of this chapter shall be July 1, 1963. [1963 c 124 § 60.]
22.09.880
22.09.880 Cooperation with governmental agencies
and private associations. The director may cooperate with
and enter into agreements with governmental agencies of this
state, other states, agencies of the federal government, and
private associations in order to carry out the purpose and provisions of this chapter and the United States Warehouse Act
(7 USCA § 241 et seq.) and the United States Grain Standards
Act, as amended (7 USCA § 71, et seq.). Notwithstanding
any other provision of this chapter such agreements may also
relate to a joint program for licensing, bonding, and inspecting stations. Such a program should be designed to avoid
duplication of effort on the part of the licensing authority and
requirements for operation, and promote more efficient
enforcement of the provisions of this chapter and comparable
provisions of the law of the states of Idaho or Oregon. [1983
c 305 § 55; 1979 ex.s. c 238 § 22; 1963 c 124 § 55. Formerly
RCW 22.09.550.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.890
22.09.890 General penalty. A violation of any provision or section of this chapter, where no other penalty is provided for, and the violation of any rule or regulation adopted
hereunder shall constitute a misdemeanor. [1963 c 124 § 58.
Formerly RCW 22.09.560.]
22.09.895
22.09.895 Civil penalty. Every person who fails to
comply with this chapter, or any rule adopted under it, may
be subjected to a civil penalty, as determined by the director,
in an amount of not more than one thousand dollars for every
such violation. Each and every violation shall be a separate
and distinct offense. Every person who, through an act of
commission or omission, procures, aids, or abets in the violation shall be considered to have violated this chapter and may
be subject to the penalty provided for in this section. [1987 c
393 § 24.]
22.09.900
22.09.900 Continuation of rules adopted pursuant to
repealed chapter. The repeal of chapter 22.08 RCW and the
enactment of this chapter shall not be deemed to have
repealed any rules adopted under the provisions of chapter
22.08 RCW and in effect immediately prior to such repeal
and not inconsistent with the provisions of this chapter. For
the purpose of this chapter it shall be deemed that such rules
have been adopted under the provisions of this chapter pursu[Title 22 RCW—page 20]
22.09.940
22.09.940 Severability—1963 c 124. If any section,
sentence, clause, or part of this chapter is for any reason held
to be unconstitutional, such decision shall not affect the
remaining portions of this chapter. The legislature hereby
declares that it would have passed this chapter and each section, sentence, clause, and part thereof despite the fact that
one or more sections, clauses, sentences, or parts thereof be
declared unconstitutional. [1963 c 124 § 61.]
22.09.941
22.09.941 Severability—1979 ex.s. c 238.
following RCW 15.44.010.
Chapter 22.16
See note
Chapter 22.16 RCW
WAREHOUSES AND ELEVATORS—
EMINENT DOMAIN
Sections
22.16.010
22.16.020
22.16.030
22.16.040
Right of eminent domain extended.
Right of entry.
Extent of appropriation.
Limitations on right—Finding of public necessity.
Reviser's note: The term "director of the department of agriculture" has
been substituted for "public service commission" in this chapter since the
powers and duties of the commission devolved upon the director of agriculture by virtue of 1921 c 7 § 90, 1921 c 137 §§ 1, 2, 1921 c 145 § 8, and 1937
c 90 § 10.
22.16.010
22.16.010 Right of eminent domain extended. The
right of eminent domain is hereby extended to corporations
incorporated or that may hereafter be incorporated under the
laws of this state, or of any other state or territory and qualified to transact business in this state for the purpose of acquiring, owning or operating public warehouses or elevators for
storing and handling grain, produce and other agricultural
commodities which may desire to secure warehouse or elevator sites or rights of way for roadways leading to and from the
same or for wharves or boat landings on navigable waters and
all other purposes incident to and connected with the business
conducted by such warehouse or elevator. [1919 c 98 § 1;
RRS § 11566.]
22.16.020
22.16.020 Right of entry. Every corporation incorporated or that may hereafter be incorporated under the laws of
this state or of any other state or territory, and qualified to
(2004 Ed.)
Safe Deposit Companies
transact business in this state for the purpose of acquiring,
owning or operating public warehouses or elevators for storing and handling grain, produce and other agricultural commodities which may desire to erect and operate any such public warehouse or elevator, or to erect and operate tramways or
cable tramways for the purpose of carrying, conveying or
transporting such grain, produce or commodities to or from
such warehouse or elevator or to acquire rights of way for
roadways to and from such warehouse or elevator or to
acquire boat landing or wharving facilities in connection with
such warehouse or elevator shall have the right to enter upon
any lands proposed to be used for any such purpose for the
purpose of examining, locating and surveying the lines and
boundaries thereof, doing no unnecessary damage thereby.
[1919 c 98 § 2; RRS § 11567.]
22.16.030
22.16.030 Extent of appropriation. Every such corporation shall have the right to appropriate real estate and other
property for any or all of the said purposes and under the
same procedure as now is or may be hereafter provided by
law, in the case of other corporations authorized by the laws
of this state to exercise the right of eminent domain. [1919 c
98 § 3; RRS § 11568.]
22.28.040
22.28.020
22.28.020 Safe deposit company a warehouseman.
Whenever any safe deposit company shall take or receive as
bailee for hire and for safekeeping or storage any jewelry,
plate, money, specie, bullion, stocks, bonds, mortgages, securities, or valuable paper of any kind, or other valuable personal property, and shall have issued a receipt therefor, it
shall be deemed to be a warehouseman as to such property
and the provisions of Article 7 of the Uniform Commercial
Code, Title 62A RCW, shall apply to such deposit, or to the
proceeds thereof, to the same extent and with the same effect,
and be enforceable in the same manner as is now provided
with reference to warehousemen in said act. [1983 c 3 § 26;
1923 c 186 § 2; RRS § 3383.]
22.28.030
22.28.030 Exercise of due care required. Whenever
any safe deposit company shall let or lease any vault, safe,
box or other receptacle for the keeping or storage of personal
property such safe deposit company shall be bound to exercise due care to prevent the opening of such vault, safe, box
or receptacle by any person other than the lessee thereof, or
his or her duly authorized agent, and said parties may provide
in writing the terms, conditions and liabilities in said lease.
[1923 c 186 § 3; RRS § 3384.]
22.28.040
22.16.040
22.16.040 Limitations on right—Finding of public
necessity. The right hereby granted shall not be exercised
within the limits of any regularly organized port district, nor
against the right of way of any railroad company within the
yard limits thereof, nor unless and until the director of the
department of agriculture after a full hearing shall have determined that existing facilities are inadequate and that a public
necessity exists for the construction of additional facilities
and shall specify what additional facilities are necessary and
shall have further determined that the facilities contemplated
to be established will be a public benefit. Such hearing shall
be initiated and conducted in accordance with the statutes,
rules and regulations relating to public hearings before the
director. [1919 c 98 § 4; RRS § 11569.]
Chapter 22.28
Chapter 22.28 RCW
SAFE DEPOSIT COMPANIES
Sections
22.28.010
22.28.020
22.28.030
22.28.040
22.28.060
Definitions.
Safe deposit company a warehouseman.
Exercise of due care required.
Procedure when rent is unpaid.
Destruction of paper contents—Other remedies available.
Disposition of unclaimed property in safe deposit box: RCW 63.29.160.
Financial institutions as bailee: RCW 30.08.140, 32.08.140, 33.12.010.
Trust receipts: Articles 62A.1, 62A.9A RCW.
22.28.010
22.28.010 Definitions. The term safe deposit company
as used in RCW 22.28.010 through 22.28.060 shall be construed to extend to and include all banks, trust companies and
other corporations organized under the laws of the state of
Washington or of the United States of America, and doing
business in the state of Washington; which are empowered by
law to let vaults, safes or other receptacles upon the premises
occupied by such bank, trust company or corporation. [1923
c 186 § 1; RRS § 3382.]
(2004 Ed.)
22.28.040 Procedure when rent is unpaid. If the
amount due for the rental of any safe or box in the vaults of
any safe deposit company shall not have been paid for one
year, it may, at the expiration thereof, send to the person in
whose name such safe or box stands on its books a notice in
writing in securely closed, postpaid and certified mail, return
receipt requested, directed to such person at his post office
address, as recorded upon the books of the safe deposit company, notifying such person that if the amount due for the
rental of such safe or box is not paid within thirty days from
date, the safe deposit company will then cause such safe or
box to be opened, and the contents thereof to be inventoried,
sealed, and placed in one of its general safes or boxes.
Upon the expiration of thirty days from the date of mailing such notice, and the failure of the person in whose name
the safe or box stands on the books of the company to pay the
amount due for the rental thereof to the date of notice, the
corporation may, in the presence of two officers of the corporation, cause such safe or box to be opened, and the contents
thereof, if any, to be removed, inventoried and sealed in a
package, upon which the officers shall distinctly mark the
name of the person in whose name the safe or box stood on
the books of the company, and the date of removal of the
property, and when such package has been so marked for
identification by the officers, it shall be placed in one of the
general safes or boxes of the company at a rental not to
exceed the original rental of the safe or box which was
opened, and shall remain in such general safe or box for a
period of not less than one year, unless sooner removed by
the owner thereof, and two officers of the corporation shall
thereupon file with the company a certificate which shall
fully set out the date of the opening of such safe or box, the
name of the person in whose name it stood and a reasonable
description of the contents, if any.
A copy of such certificate shall within ten days thereafter
be mailed to the person in whose name the safe or box so
opened stood on the books of the company, at his last known
[Title 22 RCW—page 21]
22.28.060
Title 22 RCW: Warehousing and Deposits
post office address, in securely closed, postpaid and certified
mail, return receipt requested, together with a notice that the
contents will be kept, at the expense of such person, in a general safe or box in the vaults of the company, for a period of
not less than one year. At any time after the mailing of such
certificate and notice, and before the expiration of one year,
such person may require the delivery of the contents of the
safe as shown by said certificate, upon the payment of all
rentals due at the time of opening of the safe or box, the cost
of opening the box, and the payment of all further charges
accrued during the period the contents remained in the general safe or box of the company.
The company may sell all the property or articles of
value set out in said certificate, at public auction, provided a
notice of the time and place of sale has been published once
within ten days prior to the sale in a newspaper published in
the county where the contents of the safe or box [is] located
and where the holder chooses to conduct the sale. If the
holder chooses not to sell the contents at public sale, the contents shall be delivered to the department of revenue as
unclaimed property.
From the proceeds of the sale, the company shall deduct
amounts which shall then be due for rental up to the time of
opening the safe, the cost of opening thereof, and the further
cost of safekeeping all of its contents for the period since the
safe or box was opened, plus any additional charges accruing
to the time of sale, including advertising and cost of sale. The
balance, if any, of such proceeds, together with any unsold
property, shall be deposited by the company within thirty
days after the receipt of the same, with the department of revenue as unclaimed property. The company shall file with
such deposit a certificate stating the name and last known
place of residence of the owner of the property sold, the articles sold, the price obtained therefor, and showing that the
notices herein required were duly mailed and that the sale
was advertised as required herein. [1983 c 289 § 1; 1923 c
186 § 4; RRS § 3385. Formerly RCW 22.08.050, 22.28.040.]
22.28.060
22.28.060 Destruction of paper contents—Other
remedies available. Whenever the contents of any such safe
or box, so opened, shall consist either wholly or in part, of
documents or letters or other papers of a private nature, such
documents, letters, or papers shall not be sold, but shall be
deposited with the department of revenue as unclaimed property unless sooner claimed by the owner. The department
may hold or destroy documents or letters or other papers, and
the holder shall not be held liable to any person or persons
whatsoever for the destruction of papers or other contents
which the department declines to accept.
The provision of this section shall not preclude any other
remedy by action or otherwise now existing for the enforcement of the claims of a corporation against the person in
whose name such safe or box stood, nor bar the right of a safe
deposit company to recover so much of the debt due it as shall
not be paid by the proceeds of the sale of the property deposited with it. The sale or disposition of property in accordance
with this chapter shall discharge the holder of all liability to
the owner for such sale or disposition, irrespective of whether
a better price could have been obtained by a sale at a different
time or in a different method from that selected by the holder.
[Title 22 RCW—page 22]
[1983 c 289 § 2; 1923 c 186 § 5; RRS § 3386. Formerly RCW
22.28.060, 22.28.070.]
Chapter 22.32
Chapter 22.32 RCW
GENERAL PENALTIES
Sections
22.32.010
22.32.020
22.32.030
22.32.040
22.32.050
Warehouseman or carrier refusing to issue receipt.
Fictitious bill of lading and receipt.
Fraudulent tampering with or mixing goods.
Issuance of second receipt not marked "duplicate."
Delivery of goods without taking up receipt.
Crimes relating to corporations: Chapter 9.24 RCW.
Warehouse receipts, bills of lading, and other documents of title—Uniform
commercial code: Article 62A.7 RCW.
22.32.010
22.32.010 Warehouseman or carrier refusing to issue
receipt. Every person or corporation, and every officer,
agent and employee thereof, receiving any goods, wares or
merchandise, for sale or on commission, for storage, carriage
or forwarding, who, having an opportunity to inspect the
same, shall fail or refuse to deliver to the owner thereof a
receipt duly signed, bearing the date of issuance, describing
the goods, wares or merchandise received and the quantity,
quality and condition thereof, and specifying the terms and
conditions upon which they are received, shall be guilty of a
misdemeanor. [1909 c 249 § 391; RRS § 2643.]
22.32.020
22.32.020 Fictitious bill of lading and receipt. Every
person or corporation engaged wholly or in part in the business of a common carrier or warehouseman, and every
officer, agent or employee thereof, who shall issue any bill of
lading, receipt or other voucher by which it shall appear that
any goods, wares or merchandise have been received by such
carrier or warehouseman, unless the same have been so
received and shall be at the time actually under his control, or
who shall issue any bill of lading, receipt or voucher containing any false statement concerning any material matter, shall
be guilty of a gross misdemeanor. But no person shall be convicted under this section for the reason that the contents of
any barrel, box, case, cask or other closed vessel or package
mentioned in the bill of lading, receipt or voucher did not correspond with the description thereof in such instrument, if
such description corresponds substantially with the mark on
the outside of such barrel, box, case, cask, vessel or package,
unless it appears that the defendant knew that such marks
were untrue. [1909 c 249 § 392; RRS § 2644. Prior: 1891 c
69 § 7; Code 1881 § 836; 1873 p 193 § 62; 1854 p 85 § 56.]
22.32.030
22.32.030 Fraudulent tampering with or mixing
goods. Every person mentioned in RCW 22.32.020, who
shall fraudulently mix or tamper with any goods, wares or
merchandise under his control, shall be guilty of a gross misdemeanor. [1909 c 249 § 393; RRS § 2645.]
Reviser's note: Caption for 1909 c 249 § 393 reads as follows: "SEC.
393. WAREHOUSEMAN FRAUDULENTLY MIXING GOODS."
22.32.040
22.32.040 Issuance of second receipt not marked
"duplicate." Every person mentioned in RCW 22.32.020,
who shall issue any second or duplicate receipt or voucher of
the kind specified in said section, while a former receipt or
(2004 Ed.)
General Penalties
22.32.050
voucher for the goods, wares or merchandise specified in
such second receipt is outstanding and uncanceled, without
writing across the face of the same the word "Duplicate," in a
plain and legible manner, shall be guilty of a misdemeanor.
[1909 c 249 § 394; RRS § 2646.]
Reviser's note: Caption for 1909 c 249 § 394 reads as follows: "SEC.
394. DUPLICATE RECEIPT."
22.32.050 Delivery of goods without taking up
receipt. Each person mentioned in RCW 22.32.020 who
shall deliver to another any goods, wares or merchandise for
which a bill of lading, receipt or voucher has been issued,
unless such bill of lading, receipt or voucher is surrendered
and canceled or a lawful and sufficient bond or undertaking is
given therefor at the time of such delivery, or unless, in case
of a partial delivery, a memorandum thereof is endorsed upon
such bill of lading, receipt or voucher, shall be guilty of a
misdemeanor. [1909 c 249 § 395; RRS § 2647.]
22.32.050
Reviser's note: Caption for 1909 c 249 § 395 reads as follows: "SEC.
395. BILL OF LADING OR RECEIPT MUST BE CANCELED ON REDELIVERY OF PROPERTY."
(2004 Ed.)
[Title 22 RCW—page 23]
Title 23
Title 23
CORPORATIONS AND ASSOCIATIONS (PROFIT)
(Business Corporation Act: See Title 23B RCW)
Chapters
23.78 Employee cooperative corporations.
23.86 Cooperative associations.
23.90 Massachusetts trusts.
Reviser's note: See Title 23B RCW for the Washington Business Corporation Act.
Acknowledgment form, corporations: RCW 64.08.070.
Acquisition of corporate stock by another corporation to lessen competition
declared unlawful—Exceptions—Judicial order to divest: RCW
19.86.060.
Actions by and against public corporations: RCW 4.08.110, 4.08.120.
Constitutional provisions, generally: State Constitution Art. 12.
Consumer loan act: Chapter 31.04 RCW.
Corporations for educational, social, religious, fraternal, etc., purposes:
Title 24 RCW.
Crimes relating to corporations: Chapter 9.24 RCW.
Criminal procedure: RCW 10.01.070 through 10.01.100.
Dentistry, practice or solicitation prohibited: RCW 18.32.675.
Doing business without license, gross misdemeanor: RCW 9.24.040.
Eminent domain by corporations: Chapter 8.20 RCW.
Legal services, advertising of, penalty: RCW 30.04.260.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Partnerships: Title 25 RCW.
"Person" defined: RCW 1.16.080.
Seals, effect of: RCW 64.04.105.
Secretary of state, duties: Chapter 43.07 RCW.
Washington business corporation act: Title 23B RCW.
1895
1895
1897
1899
1899
1903
1903
1905
1905
1905
1907
1907
1909
1909 ex.s.
1911
1911
1915
1919
1923
1923
1923
1923
1925 ex.s.
1925 ex.s.
1925 ex.s.
1927
1927
1929
127
142
70
58
106
84
93
11
27
109
107
140
46
19
41
80
93
172
39
105
144
168
87
147
149
169
206
227
338
355
134
100
174
124
141
27
51
215
205
270
72
57
135
379
272
512
102
288
462
539
112
410
417
188
301
631
TABLE OF COMPILATION OF PRIOR LAWS
TABLE OF PRIOR LAWS
LAWS OF CHAPTER
1866
1867
1869
1871
1873
1879
1879
1879
1879
1879
Code 1881
1883
1886
1888
1888
1890
1891
1891
1893
1895
(2004 Ed.)
31
32
9
35
116
118
38
PAGES
55-66
137-138
330-350
101
398-419
109
124
134
140
155
§§ 2421-2487
45
84-89
63-64
65
288-291
73
213
279
61
1 Hill's Code §§ 1497 through 1645
1 Ballinger's §§ 4250 through 4462
2 Rem. and Bal. §§ 3677 through 3766-20
Rem. 1915 Code §§ 3677 through 3677-20
Rem. Comp. Stat. §§ 3803 through 3923
Rem. Rev. Stat. §§ 3803 through 3923-24
Chapter 23.78 RCW
EMPLOYEE COOPERATIVE CORPORATIONS
Chapter 23.78
Sections
23.78.010
23.78.020
23.78.030
23.78.040
23.78.050
23.78.060
23.78.070
23.78.080
23.78.090
Definitions.
Election by corporation to be governed as an employee cooperative—Laws governing.
Revocation of election.
Corporate name.
Members—Membership shares.
Right to vote—Power to amend or repeal bylaws—Right to
amend articles of incorporation.
Net earnings or losses—Apportionment, distribution, and payment.
Internal capital accounts authorized—Redemptions—Assignment of portion of retained net earnings and net losses to collective reserve account authorized.
Internal capital account cooperatives.
[Title 23 RCW—page 1]
23.78.010
23.78.100
23.78.900
23.78.902
Title 23 RCW: Corporations and Associations (Profit)
Provision for conversion of shares and accounts—Limitations
upon merger.
Short title.
Severability—1987 c 457.
Employee ownership programs through the department of community, trade,
and economic development: RCW 43.63A.230.
Members of an employee cooperative shall have all the
rights and responsibilities of stockholders of a corporation
organized under Title 23B RCW, except as otherwise provided in this chapter. [1991 c 72 § 11; 1987 c 457 § 6.]
23.78.060
23.78.010
23.78.010 Definitions. For the purposes of this chapter,
the terms defined in this section have the meanings given:
(1) "Employee cooperative" means a corporation that has
elected to be governed by the provisions of this chapter.
(2) "Member" means a natural person who has been
accepted for membership in, and owns a membership share
issued by an employee cooperative.
(3) "Patronage" means the amount of work performed as
a member of an employee cooperative, measured in accordance with the articles of incorporation and bylaws.
(4) "Written notice of allocation" means a written instrument which discloses to a member the stated dollar amount of
the member's patronage allocation, and the terms for payment
of that amount by the employee cooperative. [1987 c 457 §
2.]
23.78.020
23.78.020 Election by corporation to be governed as
an employee cooperative—Laws governing. Any corporation organized under the laws of this state may elect to be
governed as an employee cooperative under the provisions of
this chapter, by so stating in its articles of incorporation, or
articles of amendment filed in accordance with Title 23B
RCW.
A corporation so electing shall be governed by all provisions of Title 23B RCW, except RCW 23B.07.050,
23B.13.020, and chapter 23B.11 RCW, and except as otherwise provided in this chapter. [1991 c 72 § 9; 1987 c 457 §
3.]
23.78.030
23.78.030 Revocation of election. An employee cooperative may revoke its election under this chapter by a vote of
two-thirds of the members and through articles of amendment filed with the secretary of state in accordance with
RCW 23B.01.200 and 23B.10.060. [1991 c 72 § 10; 1987 c
457 § 4.]
23.78.040
23.78.040 Corporate name. An employee cooperative
may include the word "cooperative" or "co-op" in its corporate name. [1987 c 457 § 5.]
23.78.050
23.78.050 Members—Membership shares. (1) The
articles of incorporation or the bylaws shall establish qualifications and the method of acceptance and termination of
members. No person may be accepted as a member unless
employed by the employee cooperative on a full-time or parttime basis.
(2) An employee cooperative shall issue a class of voting
stock designated as "membership shares." Each member
shall own only one membership share, and only members
may own these shares.
(3) Membership shares shall be issued for a fee as determined from time to time by the directors. RCW 23B.06.040
and 23B.06.200 do not apply to such membership shares.
[Title 23 RCW—page 2]
23.78.060 Right to vote—Power to amend or repeal
bylaws—Right to amend articles of incorporation. (1) No
capital stock other than membership shares shall be given
voting power in an employee cooperative, except as otherwise provided in this chapter, or in the articles of incorporation.
(2) The power to amend or repeal bylaws of an employee
cooperative shall be in the members only.
(3) Except as otherwise permitted by RCW 23B.10.040,
no capital stock other than membership shares shall be permitted to vote on any amendment to the articles of incorporation. [1991 c 72 § 12; 1987 c 457 § 7.]
23.78.070
23.78.070 Net earnings or losses—Apportionment,
distribution, and payment. (1) The net earnings or losses of
an employee cooperative shall be apportioned and distributed
at the times and in the manner as the articles of incorporation
or bylaws shall specify. Net earnings declared as patronage
allocations with respect to a period of time, and paid or credited to members, shall be apportioned among the members in
accordance with the ratio which each member's patronage
during the period involved bears to total patronage by all
members during that period.
(2) The apportionment, distribution, and payment of net
earnings required by subsection (1) of this section may be in
cash, credits, written notices of allocation, or capital stock
issued by the employee cooperative. [1987 c 457 § 8.]
23.78.080
23.78.080 Internal capital accounts authorized—
Redemptions—Assignment of portion of retained net
earnings and net losses to collective reserve account
authorized. (1) Any employee cooperative may establish
through its articles of incorporation or bylaws a system of
internal capital accounts to reflect the book value and to
determine the redemption price of membership shares, capital stock, and written notices of allocation.
(2) The articles of incorporation or bylaws of an
employee cooperative may permit the periodic redemption of
written notices of allocation and capital stock, and must provide for recall and redemption of the membership share upon
termination of membership in the cooperative. No redemption shall be made if redemption would result in a violation of
RCW 23B.06.400.
(3) The articles of incorporation or bylaws may provide
for the employee cooperative to pay or credit interest on the
balance in each member's internal capital account.
(4) The articles of incorporation or bylaws may authorize
assignment of a portion of retained net earnings and net
losses to a collective reserve account. Earnings assigned to
the collective reserve account may be used for any and all
corporate purposes as determined by the board of directors.
[1991 c 72 § 13; 1987 c 457 § 9.]
23.78.090
23.78.090 Internal capital account cooperatives. (1)
An internal capital account cooperative is an employee coop(2004 Ed.)
Cooperative Associations
erative whose entire net book value is reflected in internal
capital accounts, one for each member, and a collective
reserve account, and in which no persons other than members
own capital stock. In an internal capital account cooperative,
each member shall have one and only one vote in any matter
requiring voting by stockholders.
(2) An internal capital account cooperative shall credit
the paid-in membership fee and additional paid-in capital of a
member to the member's internal capital account, and shall
also record the apportionment of retained net earnings or net
losses to the members in accordance with patronage by
appropriately crediting or debiting the internal capital
accounts of members. The collective reserve account in an
internal capital account cooperative shall reflect any paid-in
capital, net losses, and retained net earnings not allocated to
individual members.
(3) In an internal capital account cooperative, the balances in all the individual internal capital accounts and collective reserve account, if any, shall be adjusted at the end of
each accounting period so that the sum of the balances is
equal to the net book value of the employee cooperative.
[1987 c 457 § 10.]
23.86.087
23.86.090
23.86.095
23.86.100
23.86.105
23.86.115
23.86.125
23.86.135
23.86.145
23.86.155
23.78.100 Provision for conversion of shares and
accounts—Limitations upon merger. (1) When any
employee cooperative revokes its election in accordance with
RCW 23.78.030, the articles of amendment shall provide for
conversion of membership shares and internal capital
accounts or their conversion to securities or other property in
a manner consistent with Title 23B RCW.
(2) An employee cooperative that has not revoked its
election under this chapter may not merge with another corporation other than an employee cooperative. Two or more
employee cooperatives may merge in accordance with RCW
23B.01.200, 23B.07.050, and chapter 23B.11 RCW. [1991 c
72 § 14; 1987 c 457 § 11.]
23.86.340
23.86.350
23.86.360
23.86.370
23.86.400
23.86.410
23.78.100
23.78.900 Short title. This chapter may be cited as the
employee cooperative corporations act. [1987 c 457 § 1.]
23.78.900
23.78.902 Severability—1987 c 457. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 457 § 16.]
23.78.902
Chapter 23.86
Chapter 23.86 RCW
COOPERATIVE ASSOCIATIONS
Sections
23.86.007
23.86.010
23.86.020
23.86.022
23.86.030
23.86.035
23.86.050
23.86.055
23.86.070
23.86.075
23.86.080
23.86.085
(2004 Ed.)
Definitions.
Cooperative associations—Who may organize.
Business authorized.
Certificate of authority as insurance company—Filing of documents.
Association name—Immunity from liability of association
board members and officers.
Powers.
Articles—Contents.
Articles—Filing.
Filing fees.
Fees for services by secretary of state.
Directors—Election and appointment.
Election of officers.
23.86.160
23.86.170
23.86.191
23.86.195
23.86.200
23.86.210
23.86.220
23.86.230
23.86.250
23.86.300
23.86.310
23.86.320
23.86.330
23.86.335
23.86.900
23.86.007
Removal of officers or directors.
Amendments to articles.
Registered office and agent.
Bylaws.
Member liability—Termination.
Voting.
Voting—Quorum.
Members right to dissent.
Rights of dissenting members.
Failure to appoint registered agent—Removal—Reinstatement.
Apportionment of earnings.
Distribution of dividends.
Indemnification of agents of any corporation authorized.
Cooperative associations organized under other statutes—
Reorganization under chapter.
Definitions.
Conversion of cooperative association to domestic ordinary
business corporation—Procedure.
Merger of cooperative association with one or more cooperative associations or business corporations—Procedure.
Merger of cooperative association with one or more cooperative associations or business corporations—Rights, powers,
duties and liabilities of surviving entity—Articles.
Dissolution.
Application of RCW 24.06.055 and 24.06.060.
Application of RCW 24.06.440.
Application of RCW 24.06.445.
Application of RCW 23B.14.200 and 23B.14.210.
Application of RCW 23B.14.203—Name not distinguishable
from name of governmental entity.
Application of RCW 23B.14.220—Reinstatement.
Application of RCW 24.06.100 and 24.06.105.
Application of Title 23B RCW.
Application of RCW 24.06.340 through 24.06.435.
Locally regulated utilities—Attachments to poles.
Tariff for irrigation pumping service—Authority for locally
regulated utility to buy back electricity.
Application—1989 c 307.
Exemptions to commission merchant's act: RCW 20.01.030.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
23.86.007
23.86.007 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Association" means any corporation subject to this
chapter.
(2) "Member" or "members" includes a member or members of an association subject to this chapter without capital
stock and a shareholder or shareholders of voting common
stock in an association subject to this chapter with capital
stock.
(3) "Articles of incorporation" means the original or
restated articles of incorporation, articles of consolidation, or
articles of association and all amendments including articles
of merger. Corporations incorporated under this chapter with
articles of association shall not be required to amend the title
or references to the term "articles of association."
(4) "Director," "directors," or "board of directors"
includes "trustee," "trustees," or "board of trustees" respectively. Corporations incorporated under this chapter with references in their articles of association or bylaws to "trustee,"
"trustees," or "board of trustees" shall not be required to
amend the references.
(5) "Agricultural association" means an association that
engages in any activity in connection with the marketing or
selling of the agricultural products of its members, or with the
harvesting, preserving, drying, processing, canning, packing,
storing, handling, shipping, or utilization thereof, or the manufacturing or marketing of the byproducts thereof; or in con[Title 23 RCW—page 3]
23.86.010
Title 23 RCW: Corporations and Associations (Profit)
nection with the manufacturing, selling, or supplying to its
members of machinery, equipment, or supplies, or in the
financing of these activities. In the application of the definition of agricultural association, "agricultural products"
includes horticultural, viticultural, forestry, dairy, livestock,
poultry, bee, and farm products. [1994 c 206 § 1; 1989 c 307
§ 3.]
Legislative finding—1989 c 307: "The legislature finds that since 1921
there have existed in the laws of this state two separate incorporation statutes
expressly designed for corporations intending to operate as nonprofit cooperatives. The existence of two cooperative incorporation statutes has been
the source of confusion, disparity of treatment, and legal and administrative
ambiguities, and the rationale for having two cooperative incorporation statutes is no longer valid. These cooperative incorporation statutes have not
been updated with the regularity of this state's business incorporation statutes
and, as a result, are deficient in certain respects." [1989 c 307 § 1.]
23.86.010
23.86.010 Cooperative associations—Who may organize. Any number of persons may associate themselves
together as a cooperative association, society, company or
exchange, with or without capital stock, for the transaction of
any lawful business on the cooperative plan. For the purposes
of this chapter the words "association," "company,"
"exchange," "society" or "union" shall be construed the same.
[1989 c 307 § 4; 1913 c 19 § 1; RRS § 3904. Formerly RCW
23.56.010.] [1954 SLC-RO-7]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Severability—1913 c 19: "If any section or part of a section of this act
shall for any cause be held unconstitutional such fact shall not affect the
remainder of this act." [1913 c 19 § 20.] This applies to RCW 23.86.010
through 23.86.190.
23.86.020
23.86.020 Business authorized. An association created
under this chapter, being for mutual welfare, the words "lawful business" shall extend to every kind of lawful effort for
business, agricultural, dairy, mercantile, mining, manufacturing or mechanical business, on the cooperative plan. [1913 c
19 § 7; RRS § 3910. Formerly RCW 23.56.020.]
23.86.022
23.86.022 Certificate of authority as insurance company—Filing of documents. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate documents are
required to be filed with the secretary of state, the documents
shall be filed with the insurance commissioner rather than the
secretary of state. [1998 c 23 § 4.]
23.86.030
23.86.030 Association name—Immunity from liability of association board members and officers. (1) The
name of any association subject to this chapter may contain
the word "corporation," "incorporated," or "limited" or an
abbreviation of any such word.
(2) No corporation or association organized or doing
business in this state shall be entitled to use the term "cooperative" as a part of its corporate or other business name or title,
unless it: (a) Is subject to the provisions of this chapter, chapter 23.78, or 31.12 RCW; (b) is subject to the provisions of
chapter 24.06 RCW and operating on a cooperative basis; (c)
is, on July 23, 1989, an organization lawfully using the term
"cooperative" as part of its corporate or other business name
[Title 23 RCW—page 4]
or title; or (d) is a nonprofit corporation or association the
voting members of which are corporations or associations
operating on a cooperative basis. Any corporation or association violating the provisions of this section may be enjoined
from doing business under such name at the instance of any
member or any association subject to this chapter.
(3) A member of the board of directors or an officer of
any association subject to this chapter shall have the same
immunity from liability as is granted in RCW 4.24.264.
[1989 c 307 § 5; 1987 c 212 § 706; 1913 c 19 § 17; RRS §
3920. Formerly RCW 23.56.030.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.035
23.86.035 Powers. Each association subject to this
chapter shall have the following powers:
(1) To have perpetual succession by its corporate name
unless a limited period of duration is stated in the articles of
incorporation.
(2) To sue and be sued, complain, and defend in its corporate name.
(3) To have and use a corporate seal.
(4) To purchase, take, receive, lease, or otherwise
acquire, own, hold, improve, use, and deal in and with real or
personal property or any interest therein, wherever situated.
(5) To sell, convey, mortgage, pledge, lease, exchange,
transfer, or otherwise dispose of all or any part of its property
and assets.
(6) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
lend, pledge, or otherwise dispose of, use, and deal in and
with shares or other interest in, or obligations of, other
domestic or foreign corporations, associations, partnerships
or individuals, or direct or indirect obligations of the United
States or any other government, state, territory, governmental
district or municipality, or any instrumentality thereof.
(7) To make contracts and incur liabilities, borrow
money at rates of interest the association may determine,
issue notes, bonds, certificates of indebtedness, and other
obligations, receive funds from members and pay interest
thereon, issue capital stock and certificates representing
equity interests in assets, allocate earnings and losses at the
times and in the manner the articles of incorporation or
bylaws or other contract specify, create book credits, capital
funds, and reserves, and secure obligations by mortgage or
pledge of any of its property, franchises, and income.
(8) To lend money for corporate purposes, invest and
reinvest funds, and take and hold real and personal property
as security for the payment of funds loaned or invested.
(9) To conduct business, carry on operations, have
offices, and exercise the powers granted by this chapter,
within or without this state.
(10) To elect or appoint officers and agents of the corporation, define their duties, and fix their compensation.
(11) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of the affairs of the association.
(12) To make donations for the public welfare or for
charitable, scientific, or educational purposes, and in time of
war to make donations in aid of war activities.
(2004 Ed.)
Cooperative Associations
(13) To pay pensions and establish pension plans, pension trusts, profit-sharing plans, stock bonus plans, stock
option plans, and other incentive plans for any or all of its
directors, officers, and employees.
(14) To be a partner, member, associate, or manager of
any partnership, joint venture, trust, or other enterprise.
(15) To cease corporate activities and surrender its corporate franchise.
(16) To have and exercise all powers necessary or convenient to effect its purposes. [1989 c 307 § 6.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.050
23.86.050 Articles—Contents. Every association
formed under this chapter after July 23, 1989, shall prepare
articles of incorporation in writing, which shall set forth:
(1) The name of the association.
(2) The purpose for which it was formed which may
include the transaction of any lawful business for which associations may be incorporated under this chapter. It shall not
be necessary to set forth in the articles of incorporation any of
the corporate powers enumerated in this chapter.
(3) Its principal place of business.
(4) The term for which it is to exist which may be perpetual or for a stated number of years.
(5) If organized without capital stock, whether the property rights and interest of each member shall be equal or
unequal; and if unequal, the articles shall set forth the general
rules by which the property rights and interests of all members shall be determined and fixed. The association may
admit new members who shall be entitled to share in the
property of the association with old members in accordance
with the general rules.
(6) If the association is to have capital stock:
(a) The aggregate number of shares which the association shall have authority to issue; if shares are to consist of
one class only, the par value of each share, or a statement that
all shares are without par value; or, if shares are to be divided
into classes, the number of shares of each class, and a statement of the par value of the shares of each class or that shares
are to be without par value;
(b) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations, and relative rights in respect to the shares of each
class;
(c) If the association is to issue the shares of any preferred or special class in series, the designation of each series
and a statement of the variations in the relative rights and
preferences between series fixed in the articles of incorporation, and a statement of any authority vested in the board of
directors to establish series and fix and determine the variations in the relative rights and preferences between series;
and
(d) Any provision limiting or denying to members the
preemptive right to acquire additional shares of the association.
(7) Provisions for distribution of assets on dissolution or
final liquidation.
(8) Whether a dissenting member shall be limited to a
return of less than the fair value of the member's equity interest in the association. A dissenting member may not be lim(2004 Ed.)
23.86.055
ited to a return of less than the consideration paid to or
retained by the association for the equity interest unless the
fair value is less than the consideration paid to or retained by
the association.
(9) The address of its initial registered office, including
street and number, and the name of its initial registered agent
at the address.
(10) The number of directors constituting the initial
board of directors and the names and addresses of the persons
who are to serve as the initial directors.
(11) The name and address of each incorporator.
(12) Any provision, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the internal affairs of the association,
including provisions regarding:
(a) Eliminating or limiting the personal liability of a
director to the association or its members for monetary damages for conduct as a director: PROVIDED, That such provision shall not eliminate or limit the liability of a director for
acts or omissions that involve intentional misconduct by a
director or a knowing violation of law by a director, or for
any transaction from which the director will personally
receive a benefit in money, property, or services to which the
director is not legally entitled. No such provision may eliminate or limit the liability of a director for any act or omission
occurring before the date when such provision becomes
effective; and
(b) Any provision which under this chapter is required or
permitted to be set forth in the bylaws.
Associations organized under this chapter before July
23, 1989, or under *chapter 24.32 RCW shall not be required
to amend their articles of association or articles of incorporation to conform to this section unless the association is otherwise amending the articles of association or articles of incorporation.
The information specified in subsections (9) through
(11) of this section may be deleted when filing amendments.
[1989 c 307 § 7; 1987 c 212 § 704; 1982 c 35 § 171; 1961 c
34 § 1; 1913 c 19 § 2; RRS § 3905. Formerly RCW
23.56.050.]
*Reviser's note: Chapter 24.32 RCW was repealed by 1989 c 307.
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
23.86.055 Articles—Filing. (1) Duplicate originals of
the articles of incorporation signed by the incorporators shall
be delivered to the secretary of state. If the secretary of state
finds that the articles of incorporation conform to law, the
secretary of state shall, when all required fees have been paid:
(a) Endorse each original with the word "filed" and the
effective date of the filing.
(b) File one original in his or her office.
(c) Issue a certificate of incorporation with one original
attached.
(2) The certificate of incorporation, with an original of
the articles of incorporation affixed by the secretary of state,
shall be returned to the incorporators or their representatives
and shall be retained by the association.
(3) Upon the filing of the articles of incorporation, the
corporate existence shall begin, and the certificate of incorpo23.86.055
[Title 23 RCW—page 5]
23.86.070
Title 23 RCW: Corporations and Associations (Profit)
ration shall, except as against the state in a proceeding to cancel or revoke the certificate of incorporation, be conclusive
evidence that all conditions precedent required to be performed by the incorporators have been complied with and
that the corporation has been incorporated under this chapter.
[1989 c 307 § 8.]
tary-treasurer. The treasurer may be a bank or any depository,
and as such shall not be considered an officer but a function
of the board of directors. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that
the funds shall be deposited only as authorized by the board
of directors. [1989 c 307 § 11.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.070
23.86.070 Filing fees. For filing articles of incorporation of an association organized under this chapter or filing
application for a certificate of authority by a foreign corporation, there shall be paid to the secretary of state the sum of
twenty-five dollars. Fees for filing an amendment to articles
of incorporation shall be established by the secretary of state
by rule. For filing other documents with the secretary of state
and issuing certificates, fees shall be as prescribed in RCW
23B.01.220. Associations subject to this chapter shall not be
subject to any corporation license fees excepting the fees
hereinabove enumerated. [1993 c 269 § 1; 1991 c 72 § 15;
1989 c 307 § 9; 1982 c 35 § 173; 1959 c 263 § 2; 1953 c 214
§ 1; 1925 ex.s. c 99 § 1; 1913 c 19 § 4; RRS § 3907. Formerly
RCW 23.56.070.]
Effective date—1993 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 269 § 17.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
23.86.075
23.86.075 Fees for services by secretary of state. See
RCW 43.07.120.
23.86.080
23.86.080 Directors—Election and appointment. (1)
Associations shall be managed by a board of not less than
three directors (which may be referred to as "trustees"). The
directors shall be elected by the members of the association at
such time, in such manner, and for such term of office as the
bylaws may prescribe, and shall hold office during the term
for which they were elected and until their successors are
elected and qualified.
(2) Except as provided in RCW 23.86.087, any vacancy
occurring in the board of directors, and any directorship to be
filled by reason of an increase in the number of directors, may
be filled by the board of directors unless the articles of incorporation or the bylaws provide that a vacancy or directorship
so created shall be filled in some other manner. A director
elected or appointed to fill a vacancy shall be elected or
appointed for the unexpired term of the predecessor in office.
[2003 c 252 § 1; 1989 c 307 § 10; 1913 c 19 § 5; RRS § 3908.
Formerly RCW 23.56.080.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.085
23.86.085 Election of officers. The directors shall elect
a president and one or more vice-presidents, who need not be
directors. If the president and vice-presidents are not members of the board of directors, the directors shall elect from
their number a chairman of the board of directors and one or
more vice-chairmen. They shall also elect a secretary and
treasurer, who need not be directors, and they may combine
the two offices and designate the combined office as secre[Title 23 RCW—page 6]
23.86.087
23.86.087 Removal of officers or directors. Any
member may bring charges against an officer or director by
filing charges in writing with the secretary of the association,
together with a petition signed by ten percent of the members
requesting the removal of the officer or director in question.
The removal shall be voted upon at the next regular or special
meeting of the association and, by a vote of a majority of the
members voting, the association may remove the officer or
director and fill the vacancy. The director or officer against
whom such charges have been brought shall be informed in
writing of the charges prior to the meeting and shall have an
opportunity at the meeting to be heard in person or by counsel
and to present witnesses. The person or persons bringing the
charges shall have the same opportunity. If the bylaws provide for election of directors by districts, the petition for
removal of a director must be signed by the number of members residing in the district from which the officer or director
was elected as the articles of incorporation or bylaws specify
and, in the absence of such specification, the petition must be
signed by ten percent of the members residing in the district.
The board of directors must call a special meeting of the
members residing in that district to consider the removal of
the director. By a vote of the majority of the members of the
district voting, the association may remove the officer or
director and fill the vacancy. [1989 c 307 § 12.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.090
23.86.090 Amendments to articles. The articles of
incorporation may be amended by a majority vote of the
members voting thereon, at any regular meeting or at any
special meeting called for that purpose, after notice of the
proposed amendment has been given to all members entitled
to vote thereon, in the manner provided by the bylaws: PROVIDED, That if the total vote upon the proposed amendment
shall be less than twenty-five percent of the total membership
of the association, the amendment shall not be approved. At
the meeting, members may vote upon the proposed amendment in person, or by written proxy, or by mailed ballot. The
power to amend shall include the power to extend the period
of its duration for a further definite time or perpetually, and
also include the power to increase or diminish the amount of
capital stock and the number of shares: PROVIDED, The
amount of the capital stock shall not be diminished below the
amount of the paid-up capital stock at the time such amendment is adopted. After the adoption of an amendment to its
articles of incorporation, the association shall cause a copy of
such amendment adopted to be recorded in the office of the
secretary of state as provided in RCW 24.06.195. [1989 c
307 § 23; 1982 c 35 § 174; 1981 c 297 § 32; 1961 c 34 § 2;
1913 c 19 § 6; RRS § 3909. Formerly RCW 23.56.090.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
(2004 Ed.)
Cooperative Associations
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.095
23.86.095 Registered office and agent. Effective January 1, 1990, every association subject to this chapter shall
have and maintain a registered office and a registered agent in
this state in accordance with the requirements set forth in
RCW 24.06.050. [1989 c 307 § 13.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.100
23.86.100 Bylaws. Any association subject to this
chapter may pass bylaws to govern itself in the carrying out
of the provisions of this chapter which are not inconsistent
with the provisions of this chapter. [1989 c 307 § 24; 1913 c
19 § 19; RRS § 3922. Formerly RCW 23.56.100.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.105
23.86.105 Member liability—Termination. (1)
Except for debts lawfully contracted between a member and
the association, no member shall be liable for the debts of the
association to an amount exceeding the sum remaining
unpaid on his or her membership fee or subscription to capital
stock.
(2) Membership may be terminated under provisions,
rules, or regulations prescribed in the articles of incorporation
or bylaws. In the absence thereof, the board of directors may
prescribe such provisions, rules, and regulations. [1989 c 307
§ 19.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.115
23.86.115 Voting. (1) The right of a member to vote
may be limited, enlarged, or denied to the extent specified in
the articles of incorporation or bylaws. Unless so limited,
enlarged, or denied, each member shall be entitled to one vote
on each matter submitted to a vote of members. The bylaws
may allow subscribers to vote as members if one-fifth of the
subscription for the membership fee or capital stock has been
paid.
(2) A member may vote in person or, unless the articles
of incorporation or the bylaws otherwise provide, may vote
by mail or by proxy executed in writing by the member or by
a duly authorized attorney-in-fact. No proxy shall be valid for
more than eleven months from the date of its execution unless
otherwise specified in the proxy. Votes by mail or by proxy
shall be made by mail ballot or proxy form prepared and distributed by the association in accordance with procedures set
forth in the articles of incorporation or bylaws. Persons voting by mail shall be deemed present for all purposes of quorum, count of votes, and percentage voting of total voting
power.
(3) If the articles of incorporation or bylaws provide for
more or less than one vote per member on any matter, every
reference in this chapter to a majority or other proportion of
members shall refer to such a majority or other proportion of
votes entitled to be cast by members. [1989 c 307 § 21.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.125
23.86.125 Voting—Quorum. Except as otherwise provided in this chapter, the articles of incorporation or the
(2004 Ed.)
23.86.155
bylaws may provide the number or percentage of votes that
members are entitled to cast in person, by mail, or by proxy
that shall constitute a quorum at meetings of members. In the
absence of any provision in the articles of incorporation or
bylaws, twenty-five percent of the total membership of the
association shall constitute a quorum. [1989 c 307 § 22.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.135
23.86.135 Members right to dissent. A member of an
association shall have the right to dissent from any of the following association actions:
(1) Any plan of merger or consolidation to which the
association is a party;
(2) Any plan of conversion of the association to an ordinary business corporation; or
(3) Any sale or exchange of all or substantially all of the
property and assets of the association not made in the usual
and regular course of its business, including a sale in dissolution, but not including a sale pursuant to an order of a court
having jurisdiction in the premises or a sale for cash on terms
requiring that all or substantially all of the net proceeds of the
sale be distributed to the members in accordance with their
respective interests within one year from the date of sale.
[1989 c 307 § 30.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.145
23.86.145 Rights of dissenting members. (1) Except
as provided otherwise under this chapter, the rights and procedures set forth in chapter 23B.13 RCW shall apply to a
member who elects to exercise the right of dissent.
(2) The articles of incorporation of an association subject
to this chapter may provide that a dissenting member shall be
limited to a return of less than the fair value of the member's
equity interest in the association, but a dissenting member
may not be limited to a return of less than the consideration
paid to or retained by the association for the equity interest
unless the fair value is less than the consideration paid to or
retained by the association.
(3) Any member of an agricultural association who exercises the right to dissent from an association action described
in RCW 23.86.135 shall be entitled to payment of the member's equity interest on the same time schedule that would
have applied if membership in the association had been terminated.
(4) Subsection (3) of this section does not apply to agricultural associations that are involved in an action under subsection (3) of this section before June 9, 1994: (a) As to the
associations that were involved in the particular action; (b)
for three years after June 9, 1994. [1994 c 206 § 2; 1991 c 72
§ 16; 1989 c 307 § 31.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.155
23.86.155 Failure to appoint registered agent—
Removal—Reinstatement. (1) The secretary of state shall
notify all associations subject to this chapter thirty days prior
to July 23, 1989, that in the event they fail to appoint a registered agent as provided in RCW 23.86.095, they shall thereupon cease to be recorded as an active corporation.
(2) If the notification provided under subsection (1) of
this section from the secretary of state to any association was
[Title 23 RCW—page 7]
23.86.160
Title 23 RCW: Corporations and Associations (Profit)
or has been returned unclaimed or undeliverable, the secretary of state shall proceed to remove the name of such association from the records of active corporations.
(3) Associations removed from the records of active corporations under subsection (2) of this section may be reinstated at any time within ten years of the action by the secretary of state. The association shall be reinstated to active status by filing a request for reinstatement, by appointment of a
registered agent and designation of a registered office as
required by this chapter, and by filing an annual report for the
reinstatement year. No fees may be charged for reinstatements under this section. If, during the period of inactive status, another person or corporation has reserved or adopted a
corporate name which is identical to or deceptively similar to
the association's name, the association seeking reinstatement
shall be required to adopt another name consistent with the
requirements of this chapter and to amend its articles of
incorporation accordingly.
(4) If no action is taken to reinstate to active status as
provided in subsection (3) of this section, the association
shall be administratively dissolved. [1989 c 307 § 35.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.160
23.86.160 Apportionment of earnings. The directors
may apportion the net earnings by paying dividends upon the
paid-up capital stock at a rate not exceeding eight percent per
annum. They may set aside reasonable reserves out of such
net earnings for any association purpose. The directors may,
however, distribute all or any portion of the net earnings to
members in proportion to the business of each with the association and they may include nonmembers at a rate not
exceeding that paid to members. The directors may distribute, on a patronage basis, such net earnings at different rates
on different classes, kinds, or varieties of products handled.
All dividends declared or other distributions made under this
section may, in the discretion of the directors, be in the form
of capital stock, capital or equity certificates, book credits, or
capital funds of the association. All unclaimed dividends or
distributions authorized under this chapter or funds payable
on redeemed stock, equity certificates, book credits, or capital funds shall revert to the association at the discretion of the
directors at any time after one year from the end of the fiscal
year during which such distributions or redemptions have
been declared. [1989 c 307 § 25; 1947 c 37 § 1; 1943 c 99 §
3; 1913 c 19 § 13; Rem. Supp. 1947 § 3916. Formerly RCW
23.56.160.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.170
23.86.170 Distribution of dividends. The profits or net
earnings of such association shall be distributed to those entitled thereto at such time and in such manner not inconsistent
with this chapter as its bylaws shall prescribe, which shall be
as often as once a year. [1913 c 19 § 14; RRS § 3917. Formerly RCW 23.56.170.]
23.86.191
23.86.191 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
23.86.195
23.86.195 Cooperative associations organized under
other statutes—Reorganization under chapter. Any
[Title 23 RCW—page 8]
cooperative association organized under any other statute
may be reorganized under the provisions of this chapter by
adopting and filing amendments to its articles of incorporation in accordance with the provisions of this chapter for
amending articles of incorporation. The articles of incorporation as amended must conform to the requirements of this
chapter, and shall state that the cooperative association
accepts the benefits and will be bound by the provisions of
this chapter. [1989 c 307 § 26; 1981 c 297 § 38.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.200
23.86.200 Definitions. For the purposes of RCW
23.86.200 through 23.86.230 a "domestic" cooperative association or "domestic" corporation is one formed under the
laws of this state, and an "ordinary business" corporation is
one formed or which could be formed under Title 23B RCW.
[1991 c 72 § 17; 1971 ex.s. c 221 § 1.]
23.86.210
23.86.210 Conversion of cooperative association to
domestic ordinary business corporation—Procedure. (1)
A cooperative association may be converted to a domestic
ordinary business corporation pursuant to the following procedures:
(a) The board of directors of the association shall, by
affirmative vote of not less than two-thirds of all such directors, adopt a plan for such conversion setting forth:
(i) The reasons why such conversion is desirable and in
the interests of the members of the association;
(ii) The proposed contents of articles of conversion with
respect to items (ii) through (ix) of subparagraph (c) below;
and
(iii) Such other information and matters as the board of
directors may deem to be pertinent to the proposed plan.
(b) After adoption by the board of directors, the plan for
conversion shall be submitted for approval or rejection to the
members of the association at any regular meetings or at any
special meetings called for that purpose, after notice of the
proposed conversion has been given to all members entitled
to vote thereon, in the manner provided by the bylaws. The
notice of the meeting shall be accompanied by a full copy of
the proposed plan for conversion or by a summary of its provisions. At the meeting members may vote upon the proposed
conversion in person, or by written proxy, or by mailed ballot. The affirmative vote of two-thirds of the members voting
thereon shall be required for approval of the plan of conversion. If the total vote upon the proposed conversion shall be
less than twenty-five percent of the total membership of the
association, the conversion shall not be approved.
(c) Upon approval by the members of the association, the
articles of conversion shall be executed in duplicate by the
association by one of its officers and shall set forth:
(i) The dates and vote by which the plan for conversion
was adopted by the board of directors and members respectively;
(ii) The corporate name of the converted organization.
The name shall comply with requirements for names of business corporations formed under Title 23B RCW, and shall
not contain the term "cooperative";
(2004 Ed.)
Cooperative Associations
(iii) The purpose or purposes for which the converted
corporation is to exist;
(iv) The duration of the converted corporation, which
may be perpetual or for a stated term of years;
(v) The capitalization of the converted corporation and
the class or classes of shares of stock into which divided,
together with the par value, if any, of such shares, in accordance with statutory requirements applicable to ordinary
business corporations, and the basis upon which outstanding
shares of the association are converted into shares of the converted corporation;
(vi) Any provision limiting or denying to shareholders
the preemptive right to acquire additional shares of the converted corporation;
(vii) The address of the converted corporation's initial
registered office and its initial registered agent at such
address;
(viii) The names and addresses of the persons who are to
serve as directors of the converted corporation until the first
annual meeting of shareholders of the converted corporation
or until their successors are elected and qualify;
(ix) Any additional provisions, not inconsistent with law,
provided for by the plan for conversion for the regulation of
the internal affairs of the converted corporation, including
any provision restricting the transfer of shares or which under
Title 23B RCW is required or permitted to be set forth in
bylaws.
(d) The executed duplicate originals of the articles of
conversion shall be delivered to the secretary of state. If the
secretary of state finds that the articles of conversion conform
to law, the secretary of state shall, when all the fees have been
paid as in this section prescribed:
(i) Endorse on each of such originals the word "Filed",
and the effective date of such filing;
(ii) File one of such originals; and
(iii) Issue a certificate of conversion to which one of
such originals shall be affixed.
(e) The certificate of conversion, together with the original of the articles of conversion affixed thereto by the secretary of state, shall be returned to the converted corporation or
its representative. The original affixed to the certificate of
conversion shall be retained by the converted corporation.
(f) Upon filing the articles of conversion the converted
corporation shall pay, and the secretary of state shall collect,
the same filing and license fees as for filing articles of incorporation of a newly formed business corporation similarly
capitalized.
(2) Upon filing by the secretary of state of the articles of
conversion, the conversion of the cooperative association to
an ordinary business corporation shall become effective; the
articles of conversion shall thereafter constitute and be
treated in like manner as articles of incorporation; and the
converted corporation shall be subject to all laws applicable
to corporations formed under Title 23B RCW, and shall not
thereafter be subject to laws applying only to cooperative
associations. The converted corporation shall constitute and
be deemed to constitute a continuation of the corporate substance of the cooperative association and the conversion shall
in no way derogate from the rights of creditors of the former
association. [1991 c 72 § 18; 1989 c 307 § 27; 1982 c 35 §
175; 1981 c 297 § 34; 1971 ex.s. c 221 § 2.]
(2004 Ed.)
23.86.220
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.220
23.86.220 Merger of cooperative association with one
or more cooperative associations or business corporations—Procedure. (1) A cooperative association may
merge with one or more domestic cooperative associations,
or with one or more domestic ordinary business corporations,
in accordance with the procedures and subject to the conditions set forth or referred to in this section.
(2) If the merger is into another domestic cooperative
association, the board of directors of each of the associations
shall approve by vote of not less than two-thirds of all the
directors, a plan of merger setting forth:
(a) The names of the associations proposing to merge;
(b) The name of the association which is to be the surviving association in the merger;
(c) The terms and conditions of the proposed merger;
(d) The manner and basis of converting the shares of
each merging association into shares or other securities or
obligations of the surviving association;
(e) A statement of any changes in the articles of incorporation of the surviving association to be effected by such
merger; and
(f) Such other provisions with respect to the proposed
merger as are deemed necessary or desirable.
(3) Following approval by the boards of directors, the
plan of merger shall be submitted to a vote of the members of
each of the associations at any regular meeting or at any special meetings called for that purpose, after notice of the proposed merger has been given to all members entitled to vote
thereon, in the manner provided in the bylaws. The notice of
the meeting shall be in writing stating the purpose or purposes of the meeting and include or be accompanied by a
copy or summary of the plan of merger. At the meeting members may vote upon the proposed merger in person, or by
written proxy, or by mailed ballot. The affirmative vote of
two-thirds of the members voting thereon, by each association, shall be required for approval of the plan of merger. If
the total vote of either association upon the proposed merger
shall be less than twenty-five percent of the total membership
of such association, the merger shall not be approved.
(4) Upon approval by the members of the associations
proposing to merge, articles of merger shall be executed in
duplicate by each association by an officer of each association, and shall set forth:
(a) The plan of merger;
(b) As to each association, the number of members and,
if there is capital stock, the number of shares outstanding; and
(c) As to each association, the number of members who
voted for and against such plan, respectively.
(5) Duplicate originals of the articles of merger shall be
delivered to the secretary of state. If the secretary of state
finds that such articles conform to law, the secretary of state
shall, when all fees have been paid as in this section prescribed:
(a) Endorse on each of such originals the word "Filed",
and the effective date of such filing;
(b) File one of such originals; and
[Title 23 RCW—page 9]
23.86.230
Title 23 RCW: Corporations and Associations (Profit)
(c) Issue a certificate of merger to which one of such
originals shall be affixed.
(6) The certificate of merger, together with the duplicate
original of the articles of merger affixed thereto by the secretary of state shall be returned to the surviving association or
its representative.
(7) For filing articles of merger hereunder the secretary
of state shall charge and collect the same fees as apply to filing of articles of merger of ordinary business corporations.
(8) If the plan of merger is for merger of the cooperative
association into a domestic ordinary business corporation, the
association shall follow the same procedures as hereinabove
provided for merger of domestic cooperative associations and
the ordinary business corporation shall follow the applicable
procedures set forth in RCW 23B.07.050 and chapter 23B.11
RCW.
(9) At any time prior to filing of the articles of merger,
the merger may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger. [1991 c 72 § 19;
1989 c 307 § 28; 1982 c 35 § 176; 1981 c 297 § 35; 1971 ex.s.
c 221 § 3.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.230 Merger of cooperative association with one
or more cooperative associations or business corporations—Rights, powers, duties and liabilities of surviving
entity—Articles. (1) Upon issuance of the certificate of
merger by the secretary of state, the merger of the cooperative association into another cooperative association or ordinary business corporation, as the case may be, shall be
effected.
(2) When merger has been effected:
(a) The several parties to the plan of merger shall be a
single cooperative association or corporation, as the case may
be, which shall be that cooperative association or corporation
designated in the plan of merger as the survivor.
(b) The separate existence of all parties to the plan of
merger, except that of the surviving cooperative association
or corporation, shall cease.
(c) If the surviving entity is a cooperative association, it
shall have all the rights, privileges, immunities and powers
and shall be subject to all the duties and liabilities of a cooperative association organized under chapter 23.86 RCW. If
the surviving entity is an ordinary business corporation, it
shall have all the rights, privileges, immunities and powers
and shall be subject to all the duties and liabilities of a corporation organized or existing under Title 23B RCW.
(d) Such surviving cooperative association or corporation, as the case may be, shall thereupon and thereafter possess all the rights, privileges, immunities, and franchises,
both public and private of each of the merging organizations,
to the extent that such rights, privileges, immunities, and
franchises are not inconsistent with the corporate nature of
the surviving organization; and all property, real, personal
and mixed, and all debts due on whatever account, including
subscriptions to shares, and all other choses in action, and all
and every other interest of or belonging to or due to each of
the organizations so merged shall be taken and deemed to be
23.86.230
[Title 23 RCW—page 10]
transferred to and vested in such surviving cooperative association or corporation, as the case may be, without further act
or deed; and the title to any real estate, or any interest therein,
vested in any such merged cooperative association shall not
revert or be in any way impaired by reason of such merger.
(3) The surviving cooperative association or corporation,
as the case may be, shall, after the merger is effected, be
responsible and liable for all the liabilities and obligations of
each of the organizations so merged; and any claim existing
or action or proceeding pending by or against any of such
organizations may be prosecuted as if the merger had not
taken place and the surviving cooperative association or corporation may be substituted in its place. Neither the right of
creditors nor any liens upon the property of any cooperative
association or corporation party to the merger shall be
impaired by the merger.
(4) The articles of incorporation of the surviving cooperative association or of the surviving ordinary business corporation, as the case may be, shall be deemed to be amended to
the extent, if any, that changes in such articles are stated in
the plan of merger. [1991 c 72 § 20; 1989 c 307 § 29; 1971
ex.s. c 221 § 4.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.250
23.86.250 Dissolution. The members of any association may by the vote of two-thirds of the members voting
thereon, at any regular meeting or at any special meeting
called for that purpose, vote to dissolve said association after
notice of the proposed dissolution has been given to all members entitled to vote thereon, in the manner provided by the
bylaws, and thereupon such proceeding shall be had for the
dissolution of said association as is provided by law for the
dissolution of corporations organized under chapter 24.06
RCW: PROVIDED, That if the total vote upon the proposed
dissolution shall be less than twenty-five percent of the total
membership of the association, the dissolution shall not be
approved. At the meeting, members may vote upon the proposed dissolution in person, or by written proxy, or by mailed
ballot. [1981 c 297 § 36.]
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.300
23.86.300 Application of RCW 24.06.055 and
24.06.060. The provisions of RCW 24.06.055 and 24.06.060
shall apply to every association subject to this chapter. [1989
c 307 § 14.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.310
23.86.310 Application of RCW 24.06.440. Effective
January 1, 1990, every association subject to this chapter
shall comply with the requirements set forth in RCW
24.06.440. [1989 c 307 § 15.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.320
23.86.320 Application of RCW 24.06.445. The provisions of RCW 24.06.445 shall apply to every association subject to this chapter. [1989 c 307 § 16.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.330
23.86.330 Application of RCW 23B.14.200 and
23B.14.210. The provisions of RCW 23B.14.200 and
(2004 Ed.)
Massachusetts Trusts
23B.14.210 shall apply to every association subject to this
chapter formed on or after July 23, 1989. [1991 c 72 § 21;
1989 c 307 § 17.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.335
23.86.335 Application of RCW 23B.14.203—Name
not distinguishable from name of governmental entity.
RCW 23B.14.203 applies to this chapter. [1997 c 12 § 8.]
23.86.340
23.86.340 Application of RCW 23B.14.220—Reinstatement. The provisions of RCW 23B.14.220 shall apply
to every association subject to this chapter. An association
may apply for reinstatement within three years after the effective date of dissolution. [1991 c 72 § 22; 1989 c 307 § 18.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.350
23.86.350 Application of RCW 24.06.100 and
24.06.105. The provisions of RCW 24.06.100 and 24.06.105
shall apply to every association subject to this chapter. [1989
c 307 § 20.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.90.020
(c) "Nondiscriminatory" means that pole owners may not
arbitrarily differentiate among or between similar classes of
persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space
rental rates that are uniform for the same class of service
within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally
regulated utilities. [1996 c 32 § 1.]
23.86.410
23.86.410 Tariff for irrigation pumping service—
Authority for locally regulated utility to buy back electricity. The board may approve a tariff for irrigation pumping service that allows the locally regulated utility to buy
back electricity from customers to reduce electricity usage by
those customers during the locally regulated utility's particular irrigation season. [2001 c 122 § 4.]
Effective date—2001 c 122: See note following RCW 80.28.310.
23.86.360
23.86.360 Application of Title 23B RCW. The provisions of Title 23B RCW shall apply to the associations subject to this chapter, except where such provisions are in conflict with or inconsistent with the express provisions of this
chapter. The terms "shareholder" or "shareholders" as used in
Title 23B RCW, or in chapter 24.06 RCW as incorporated by
reference herein, shall be deemed to refer to "member" or
"members" as defined in this chapter. When the terms "share"
or "shares" are used with reference to voting rights in Title
23B RCW, or in chapter 24.06 RCW as incorporated by reference herein, such terms shall be deemed to refer to the vote
or votes entitled to be cast by a member or members. [1991
c 72 § 23; 1989 c 307 § 32.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.900
23.86.900 Application—1989 c 307. The provisions of
this chapter relating to domestic cooperative associations
shall apply to:
(1) All cooperative associations organized under this
chapter; and
(2) All agricultural cooperative associations organized
under *chapter 24.32 RCW. All such agricultural cooperatives are deemed to have been incorporated under this chapter. [1989 c 307 § 2.]
*Reviser's note: Chapter 24.32 RCW was repealed by 1989 c 307.
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Chapter 23.90
23.86.370
23.86.370 Application of RCW 24.06.340 through
24.06.435. The provisions of RCW 24.06.340 through
24.06.435 shall apply to every foreign corporation which
desires to conduct affairs in this state under the authority of
this chapter. [1989 c 307 § 33.]
Legislative finding—1989 c 307: See note following RCW 23.86.007.
23.86.400
23.86.400 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of carrying
electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but
not limited to cable, and any related device, apparatus, or
auxiliary equipment upon any pole owned or controlled in
whole or in part by one or more locally regulated utilities
where the installation has been made with the necessary consent.
(b) "Locally regulated utility" means an electric service
cooperative organized under this chapter and not subject to
rate or service regulation by the utilities and transportation
commission.
(2004 Ed.)
Chapter 23.90 RCW
MASSACHUSETTS TRUSTS
Sections
23.90.010
23.90.020
23.90.030
23.90.040
23.90.050
23.90.060
23.90.900
Short title.
Massachusetts trust defined.
Form of association authorized.
Filing trust instrument, effect—Powers and duties of trust.
Fees for services by secretary of state.
Indemnification of agents of any corporation authorized.
Severability—1959 c 220.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
23.90.010
23.90.010 Short title. This chapter may be known and
cited as the "Massachusetts Trust Act of 1959". [1959 c 220
§ 1.]
23.90.020
23.90.020 Massachusetts trust defined. A Massachusetts trust is an unincorporated business association created at
common law by an instrument under which property is held
and managed by trustees for the benefit and profit of such
persons as may be or may become the holders of transferable
certificates evidencing beneficial interests in the trust estate,
the holders of which certificates are entitled to the same lim[Title 23 RCW—page 11]
23.90.030
Title 23 RCW: Corporations and Associations (Profit)
itation of personal liability extended to stockholders of private corporations. [1959 c 220 § 2.]
23.90.030
23.90.030 Form of association authorized. A Massachusetts trust is permitted as a recognized form of association
for the conduct of business within the state of Washington.
[1959 c 220 § 3.]
23.90.040
23.90.040 Filing trust instrument, effect—Powers
and duties of trust. (1) Any Massachusetts trust desiring to
do business in this state shall file with the secretary of state a
verified copy of the trust instrument creating such a trust and
any amendment thereto, the assumed business name, if any,
and the names and addresses of its trustees.
(2) Any person dealing with such Massachusetts trust
shall be bound by the terms and conditions of the trust instrument and any amendments thereto so filed.
(3) Any Massachusetts trust created under this chapter or
entering this state pursuant thereto shall pay such taxes and
fees as are imposed by the laws, ordinances, and resolutions
of the state of Washington and any counties and municipalities thereof on domestic and foreign corporations, respectively, on an identical basis therewith. In computing such
taxes and fees, the shares of beneficial interest of such a trust
shall have the character for tax purposes of shares of stock in
private corporations.
(4) Any Massachusetts trust shall be subject to such
applicable provisions of law, now or hereafter enacted, with
respect to domestic and foreign corporations, respectively, as
relate to the issuance of securities, filing of required statements or reports, service of process, general grants of power
to act, right to sue and be sued, limitation of individual liability of shareholders, rights to acquire, mortgage, sell, lease,
operate and otherwise to deal in real and personal property,
and other applicable rights and duties existing under the common law and statutes of this state in a manner similar to those
applicable to domestic and foreign corporations.
(5) The secretary of state, director of licensing, and the
department of revenue of the state of Washington are each
authorized and directed to prescribe binding rules and regulations applicable to said Massachusetts trusts consistent with
this chapter. [1981 c 302 § 3; 1979 c 158 § 88; 1967 ex.s. c
26 § 21; 1959 c 220 § 4.]
Severability—1981 c 302: See note following RCW 19.76.100.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
23.90.050
23.90.050 Fees for services by secretary of state. See
RCW 43.07.120.
23.90.060
23.90.060 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
23.90.900
23.90.900 Severability—1959 c 220. Notwithstanding
any other evidence of legislative intent, it is declared to be the
controlling legislative intent that if any provision of this
chapter, or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the
application of such provision to persons or circumstances
other than those as to which it is held invalid shall not be
affected thereby. [1959 c 220 § 5.]
[Title 23 RCW—page 12]
(2004 Ed.)
Title 23B
Chapters
23B.01
23B.02
23B.03
23B.04
23B.05
23B.06
23B.07
23B.08
23B.09
23B.10
23B.11
23B.12
23B.13
23B.14
23B.15
23B.16
23B.17
23B.18
23B.19
23B.900
Title 23B
WASHINGTON BUSINESS CORPORATION ACT
General provisions.
Incorporation.
Powers and purposes.
Name.
Office and agent.
Shares and distributions.
Shareholders.
Directors and officers.
[Reserved.]
Amendment of articles of incorporation and
bylaws.
Merger and share exchange.
Sale of assets.
Dissenters' rights.
Dissolution.
Foreign corporations.
Records and reports.
Miscellaneous provisions.
Nonadmitted organizations.
Significant business transactions.
Construction.
Acknowledgment form, corporations: RCW 64.08.070.
Acquisition of corporate stock by another corporation to lessen competition
declared unlawful—Exceptions—Judicial order to divest: RCW
19.86.060.
Actions by and against public corporations: RCW 4.08.110, 4.08.120.
Condominium act: Chapter 64.34 RCW.
Constitutional provisions, generally: State Constitution Art. 12.
Consumer loan act: Chapter 31.04 RCW.
Corporations for educational, social, religious, fraternal, etc., purposes:
Title 24 RCW.
Crimes relating to corporations: Chapter 9.24 RCW.
Criminal procedure: RCW 10.01.070 through 10.01.100.
Dentistry, practice or solicitation prohibited: RCW 18.32.675.
Doing business without license, gross misdemeanor: RCW 9.24.040.
Eminent domain by corporations: Chapter 8.20 RCW.
False statements, penalty for filing: RCW 43.07.210.
Legal services, advertising of, penalty: RCW 30.04.260.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Partnerships: Title 25 RCW.
"Person" defined: RCW 1.16.080.
Professional service corporations: Chapter 18.100 RCW.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this title: RCW 43.07.130.
Seals, effect of: RCW 64.04.105.
Secretary of state, duties: Chapter 43.07 RCW.
Chapter 23B.01
Chapter 23B.01 RCW
GENERAL PROVISIONS
Sections
23B.01.010 Short title.
23B.01.020 Reservation of power to amend or repeal.
(2004 Ed.)
23B.01.200 Filing requirements.
23B.01.202 Certificate of authority as insurance company—Filing of
records.
23B.01.210 Forms.
23B.01.220 Fees.
23B.01.230 Effective time and date of record.
23B.01.240 Correcting filed records.
23B.01.250 Filing duty of secretary of state.
23B.01.260 Judicial review of secretary of state's refusal to file a record.
23B.01.270 Evidentiary effect of copy of filed record.
23B.01.280 Certificate of existence or authorization.
23B.01.290 Penalty for signing false document.
23B.01.300 Powers.
23B.01.400 Definitions.
23B.01.410 Notice.
23B.01.420 Notice—Common address—Address defined—Shareholder
consent.
23B.01.500 Domestic corporations—Notice of due date for payment of
annual license fee and filing annual report.
23B.01.510 Foreign corporations—Notice of due date for payment of
annual license fee and filing annual report.
23B.01.520 Domestic corporations—Filing and initial license fees.
23B.01.530 Domestic corporations—Inactive corporation defined—
Annual license fee.
23B.01.540 Foreign corporations—Filing and license fees on qualification.
23B.01.550 Foreign corporations—Annual license fees.
23B.01.560 License fees for reinstated corporation.
23B.01.570 Penalty for nonpayment of annual corporate license fees and
failure to file a substantially complete annual report—Payment of delinquent fees—Rules.
23B.01.580 Waiver of penalty fees.
23B.01.590 Public service companies entitled to deductions.
23B.01.010
23B.01.010 Short title. This title shall be known and
may be cited as the "Washington business corporation act."
[1989 c 165 § 1.]
23B.01.020
23B.01.020 Reservation of power to amend or repeal.
The legislature has power to amend or repeal all or part of this
title at any time and all domestic and foreign corporations
subject to this title are governed by the amendment or repeal.
[1989 c 165 § 2.]
23B.01.200
23B.01.200 Filing requirements. (1) A record must
satisfy the requirements of this section, and of any other section that adds to or varies from these requirements, to be entitled to filing by the secretary of state.
(2) The secretary of state may permit records to be filed
through electronic transmission. The secretary of state may
adopt rules varying from these requirements to facilitate electronic filing. These rules shall detail the circumstances under
which the electronic filing of records shall be permitted and
how such records shall be filed. These rules may also impose
additional requirements related to implementation of electronic filing processes including but not limited to: File formats; signature technologies; the manner of delivery; and the
types of entities or records permitted.
(3) This title must require or permit filing the record in
the office of the secretary of state.
(4) The record must contain the information required by
this title. It may contain other information as well.
[Title 23B RCW—page 1]
23B.01.202
Title 23B RCW: Washington Business Corporation Act
(5) The record must: (a) Be typewritten or printed, and
must meet such legibility or other standards as may be prescribed by the secretary of state; or (b) meet the standards for
electronic filing as may be prescribed by the secretary of
state.
(6) The record must be in the English language. A corporate name need not be in English if written in English letters
or Arabic or Roman numerals, and the certificate of existence
required of foreign corporations need not be in English if
accompanied by a reasonably authenticated English translation.
(7) Unless otherwise indicated in this title, all records
submitted for filing must be executed:
(a) By the chairperson of the board of directors of a
domestic or foreign corporation, by its president, or by
another of its officers;
(b) If directors have not been selected or the corporation
has not been formed, by an incorporator; or
(c) If the corporation is in the hands of a receiver, trustee,
or other court-appointed fiduciary, by that fiduciary.
(8) The person executing the record shall sign it and state
beneath or opposite the signature the name of the person and
the capacity in which the person signs. The record may but
need not contain: (a) The corporate seal; (b) an attestation by
the secretary or an assistant secretary; or (c) an acknowledgment, verification, or proof.
(9) If the secretary of state has prescribed a mandatory
form for the record under RCW 23B.01.210, the record must
be in or on the prescribed form.
(10) The record must be received by the office of the secretary of state for filing and, except in the case of an electronic filing, must be accompanied by one exact or conformed copy, the correct filing fee or charge, including
license fee, penalty and service fee, and any attachments
which are required for the filing. [2002 c 297 § 1; 1991 c 72
§ 24; 1989 c 165 § 3.]
23B.01.202
23B.01.202 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than the
secretary of state. [2002 c 297 § 2; 1998 c 23 § 5.]
23B.01.210
23B.01.210 Forms. The secretary of state may prescribe and furnish on request, forms for: (1) An application
for a certificate of existence; (2) a foreign corporation's application for a certificate of authority to transact business in this
state; (3) a foreign corporation's application for a certificate
of withdrawal; (4) an initial report; (5) an annual report; and
(6) such other forms not in conflict with this title as may be
prescribed by the secretary of state. If the secretary of state so
requires, use of these forms is mandatory. [1991 c 72 § 25;
1989 c 165 § 4.]
23B.01.220
23B.01.220 Fees. (1) The secretary of state shall collect
in accordance with the provisions of this title:
[Title 23B RCW—page 2]
(a) Fees for filing records and issuing certificates;
(b) Miscellaneous charges;
(c) License fees as provided in RCW 23B.01.500
through 23B.01.550;
(d) Penalty fees; and
(e) Other fees as the secretary of state may establish by
rule adopted under chapter 34.05 RCW.
(2) The secretary of state shall collect the following fees
when the records described in this subsection are delivered
for filing:
One hundred seventy-five dollars, pursuant to RCW
23B.01.520 and 23B.01.540, for:
(a) Articles of incorporation; and
(b) Application for certificate of authority.
(3) The secretary of state shall establish by rule, fees for
the following:
(a) Application for reinstatement;
(b) Articles of correction;
(c) Amendment of articles of incorporation;
(d) Restatement of articles of incorporation, with or
without amendment;
(e) Articles of merger or share exchange;
(f) Articles of revocation of dissolution;
(g) Application for amended certificate of authority;
(h) Application for reservation, registration, or assignment of reserved name;
(i) Corporation's statement of change of registered agent
or registered office, or both, except where this information is
provided in conjunction with and on an initial report or an
a nn ua l r ep or t fo r m f iled un der RCW 23 B.01 . 53 0,
23B.01.550, 23B.02.050, or 23B.16.220;
(j) Agent's resignation, or statement of change of registered office, or both, for each affected corporation;
(k) Initial report; and
(l) Any record not listed in this subsection that is
required or permitted to be filed under this title.
(4) Fees shall be adjusted by rule only in an amount that
does not exceed the average biennial increase in the cost of
providing service. This shall be determined in a biennial cost
study performed by the secretary of state.
(5) The secretary of state shall not collect fees for:
(a) Agent's consent to act as agent;
(b) Agent's resignation, if appointed without consent;
(c) Articles of dissolution;
(d) Certificate of judicial dissolution;
(e) Application for certificate of withdrawal; and
(f) Annual report when filed concurrently with the payment of annual license fees.
(6) The secretary of state shall collect a fee in an amount
established by the secretary of state by rule per defendant
served, upon being served process under this title. The party
to a proceeding causing service of process is entitled to
recover this fee as costs if such party prevails in the proceeding.
(7) The secretary of state shall establish by rule and collect a fee from every person or organization:
(a) For furnishing a certified copy of any record, instrument, or paper relating to a corporation;
(b) For furnishing a certificate, under seal, attesting to
the existence of a corporation, or any other certificate; and
(2004 Ed.)
General Provisions
(c) For furnishing copies of any record, instrument, or
paper relating to a corporation, other than of an initial report
or an annual report.
(8) For annual license fees for domestic and foreign corporations, see RCW 23B.01.500, 23B.01.510, 23B.01.530,
and 23B.01.550. For penalties for nonpayment of annual
license fees and failure to complete annual report, see RCW
23B.01.570. [2002 c 297 § 3; 1993 c 269 § 2; 1992 c 107 §
7; 1991 c 72 § 26; 1990 c 178 § 1; 1989 c 165 § 5.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Effective dates—1992 c 107: See note following RCW 19.02.020.
Effective date—1990 c 178: "This act shall take effect July 1, 1990."
[1990 c 178 § 13.]
23B.01.230
23B.01.230 Effective time and date of record. (1)
Except as provided in subsection (2) of this section and RCW
23B.01.240(3), a record accepted for filing is effective on the
date it is filed by the secretary of state and at the time on that
date specified in the record. If no time is specified in the
record, the record is effective at the close of business on the
date it is filed by the secretary of state.
(2) If a record specifies a delayed effective time and date,
the record becomes effective at the time and date specified. If
a record specifies a delayed effective date but no time is specified, the record is effective at the close of business on that
date. A delayed effective date for a record may not be later
than the ninetieth day after the date it is filed.
(3) When a record is received for filing by the secretary
of state in a form which complies with the requirements of
this title and which would entitle the record to be filed on
receipt, but the secretary of state's approval action occurs
subsequent to the date of receipt, the secretary of state's filing
date shall relate back to and be shown as the date on which
the secretary of state first received the record in acceptable
form. [2002 c 297 § 4; 1989 c 165 § 6.]
23B.01.240
23B.01.240 Correcting filed records. (1) A domestic
or foreign corporation may correct a record filed by the secretary of state if the record (a) contains an incorrect statement; or (b) was defectively executed, attested, sealed, verified, or acknowledged.
(2) A record is corrected:
(a) By preparing articles of correction that (i) describe
the record, including its filing date, or attach a copy of it to
the articles of correction, (ii) specify the incorrect statement
and the reason it is incorrect or the manner in which the execution was defective, and (iii) correct the incorrect statement
or defective execution; and
(b) By delivering the articles of correction to the secretary of state for filing.
(3) Articles of correction are effective on the effective
date of the record they correct except as to persons relying on
the uncorrected record and adversely affected by the correction. As to those persons, articles of correction are effective
when filed. [2002 c 297 § 5; 1989 c 165 § 7.]
23B.01.250
23B.01.250 Filing duty of secretary of state. (1) If a
record delivered to the office of the secretary of state for filing satisfies the requirements of RCW 23B.01.200, the secretary of state shall file it.
(2004 Ed.)
23B.01.280
(2)(a) The secretary of state files a record: (i) In the case
of a record in a tangible medium, by stamping or otherwise
endorsing "Filed," together with the secretary of state's name
and official title and the date of filing, on both the original
and the record copy; and (ii) in the case of an electronically
transmitted record, by the electronic processes as may be prescribed by the secretary of state from time to time that result
in the information required by (a)(i) of this subsection being
permanently attached to or associated with such electronically transmitted record.
(b) After filing a record, the secretary of state shall
deliver a record of the filing to the domestic or foreign corporation or its representative either: (i) In a written copy of the
filing; or (ii) if the corporation has designated an address,
location, or system to which the record may be electronically
transmitted and the secretary of state elects to provide the
record by electronic transmission, in an electronically transmitted record of the filing.
(3) If the secretary of state refuses to file a record, the
secretary of state shall return it to the domestic or foreign corporation or its representative, together with a brief explanation of the reason for the refusal. The explanation shall be
either: (a) In a written record or (b) if the corporation has
designated an address, location, or system to which the explanation may be electronically transmitted and the secretary of
state elects to provide the explanation by electronic transmission, in an electronically transmitted record.
(4) The secretary of state's duty to file records under this
section is ministerial. Filing or refusal to file a record does
not:
(a) Affect the validity or invalidity of the record in whole
or part;
(b) Relate to the correctness or incorrectness of information contained in the record; or
(c) Create a presumption that the record is valid or
invalid or that information contained in the record is correct
or incorrect. [2002 c 297 § 6; 1989 c 165 § 8.]
23B.01.260
23B.01.260 Judicial review of secretary of state's
refusal to file a record. If the secretary of state refuses to
file a record received by the office for filing, the person submitting the record, in addition to any other legal remedy
which may be available, shall have the right to judicial
review of such refusal pursuant to the provisions of chapter
34.05 RCW. [2002 c 297 § 7; 1989 c 165 § 9.]
23B.01.270
23B.01.270 Evidentiary effect of copy of filed record.
A certificate bearing the manual or facsimile signature of the
secretary of state and the seal of the state, when attached to or
located on a record or a copy of a record filed by the secretary
of state, is conclusive evidence that the original record is on
file with the secretary of state. [2002 c 297 § 8; 1989 c 165 §
10.]
23B.01.280
23B.01.280 Certificate of existence or authorization.
(1) Any person may apply to the secretary of state to furnish
a certificate of existence for a domestic corporation or a certificate of authorization for a foreign corporation.
(2) A certificate of existence or authorization means that
as of the date of its issuance:
[Title 23B RCW—page 3]
23B.01.290
Title 23B RCW: Washington Business Corporation Act
(a) The domestic corporation is duly incorporated under
the laws of this state, or that the foreign corporation is authorized to transact business in this state;
(b) All fees and penalties owed to this state under this
title have been paid, if (i) payment is reflected in the records
of the secretary of state, and (ii) nonpayment affects the existence or authorization of the domestic or foreign corporation;
(c) The corporation's initial report or its most recent
annual report required by RCW 23B.16.220 has been delivered to the secretary of state; and
(d) Articles of dissolution or an application for withdrawal have not been filed by the secretary of state.
(3) A person may apply to the secretary of state to issue
a certificate covering any fact of record.
(4) Subject to any qualification stated in the certificate, a
certificate of existence or authorization issued by the secretary of state may be relied upon as conclusive evidence that
the domestic or foreign corporation is in existence or is
authorized to transact business in the corporate form in this
state. [1991 c 72 § 27; 1989 c 165 § 11.]
23B.01.290
23B.01.290 Penalty for signing false document. Any
person who signs a document such person knows is false in
any material respect with intent that the document be delivered to the secretary of state for filing is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [1989 c
165 § 12.]
23B.01.300
23B.01.300 Powers. The secretary of state has the
power reasonably necessary to perform the duties required of
the secretary of state by this title, including adoption, amendment, or repeal of rules for the efficient administration of this
title. [1989 c 165 § 13.]
23B.01.400
23B.01.400 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Articles of incorporation" include amended and
restated articles of incorporation and articles of merger.
(2) "Authorized shares" means the shares of all classes a
domestic or foreign corporation is authorized to issue.
(3) "Conspicuous" means so prepared that a reasonable
person against whom the record is to operate should have
noticed it. For example, printing in italics or boldface or contrasting color, or typing in capitals or underlined, is conspicuous.
(4) "Corporation" or "domestic corporation" means a
corporation for profit, which is not a foreign corporation,
incorporated under or subject to the provisions of this title.
(5) "Deliver" includes (a) mailing, (b) for purposes of
delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or shareholders, transmission by facsimile equipment, and (c) for purposes of
delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or shareholders under
RCW 23B.01.410 or chapter 23B.07, 23B.08, 23B.11,
23B.13, 23B.14, or 23B.16 RCW delivery by electronic
transmission.
(6) "Distribution" means a direct or indirect transfer of
money or other property, except its own shares, or incurrence
[Title 23B RCW—page 4]
of indebtedness by a corporation to or for the benefit of its
shareholders in respect to any of its shares. A distribution
may be in the form of a declaration or payment of a dividend;
a distribution in partial or complete liquidation, or upon voluntary or involuntary dissolution; a purchase, redemption, or
other acquisition of shares; a distribution of indebtedness; or
otherwise.
(7) "Effective date of notice" has the meaning provided
in RCW 23B.01.410.
(8) "Electronic transmission" means an electronic communication (a) not directly involving the physical transfer of
a record in a tangible medium and (b) that may be retained,
retrieved, and reviewed by the sender and the recipient
thereof, and that may be directly reproduced in a tangible
medium by such a sender and recipient.
(9) "Electronically transmitted" means the initiation of
an electronic transmission.
(10) "Employee" includes an officer but not a director. A
director may accept duties that make the director also an
employee.
(11) "Entity" includes a corporation and foreign corporation, not-for-profit corporation, business trust, estate, trust,
partnership, limited liability company, association, joint venture, two or more persons having a joint or common economic interest, the state, United States, and a foreign governmental subdivision, agency, or instrumentality, or any other
legal or commercial entity.
(12) "Execute," "executes," or "executed" means (a)
signed with respect to a written record or (b) electronically
transmitted along with sufficient information to determine
the sender's identity with respect to an electronic transmission, or (c) with respect to a record to be filed with the secretary of state, in compliance with the standards for filing with
the office of the secretary of state as prescribed by the secretary of state.
(13) "Foreign corporation" means a corporation for
profit incorporated under a law other than the law of this
state.
(14) "Foreign limited partnership" means a partnership
formed under laws other than of this state and having as partners one or more general partners and one or more limited
partners.
(15) "Governmental subdivision" includes authority,
county, district, and municipality.
(16) "Includes" denotes a partial definition.
(17) "Individual" includes the estate of an incompetent
or deceased individual.
(18) "Limited partnership" or "domestic limited partnership" means a partnership formed by two or more persons
under the laws of this state and having one or more general
partners and one or more limited partners.
(19) "Means" denotes an exhaustive definition.
(20) "Notice" has the meaning provided in RCW
23B.01.410.
(21) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(22) "Principal office" means the office, in or out of this
state, so designated in the annual report where the principal
(2004 Ed.)
General Provisions
executive offices of a domestic or foreign corporation are
located.
(23) "Proceeding" includes civil suit and criminal,
administrative, and investigatory action.
(24) "Public company" means a corporation that has a
class of shares registered with the federal securities and
exchange commission pursuant to section 12 or 15 of the
securities exchange act of 1934, or section 8 of the investment company act of 1940, or any successor statute.
(25) "Record" means information inscribed on a tangible
medium or contained in an electronic transmission.
(26) "Record date" means the date established under
chapter 23B.07 RCW on which a corporation determines the
identity of its shareholders and their shareholdings for purposes of this title. The determinations shall be made as of the
close of business on the record date unless another time for
doing so is specified when the record date is fixed.
(27) "Secretary" means the corporate officer to whom
the board of directors has delegated responsibility under
RCW 23B.08.400(3) for custody of the minutes of the meetings of the board of directors and of the shareholders and for
authenticating records of the corporation.
(28) "Shares" means the units into which the proprietary
interests in a corporation are divided.
(29) "Shareholder" means the person in whose name
shares are registered in the records of a corporation or the
beneficial owner of shares to the extent of the rights granted
by a nominee certificate on file with a corporation.
(30) "State," when referring to a part of the United
States, includes a state and commonwealth, and their agencies and governmental subdivisions, and a territory and insular possession, and their agencies and governmental subdivisions, of the United States.
(31) "Subscriber" means a person who subscribes for
shares in a corporation, whether before or after incorporation.
(32) "Tangible medium" means a writing, copy of a writing, or facsimile, or a physical reproduction, each on paper or
on other tangible material.
(33) "United States" includes a district, authority,
bureau, commission, department, and any other agency of the
United States.
(34) "Voting group" means all shares of one or more
classes or series that under the articles of incorporation or this
title are entitled to vote and be counted together collectively
on a matter at a meeting of shareholders. All shares entitled
by the articles of incorporation or this title to vote generally
on the matter are for that purpose a single voting group.
(35) "Writing" does not include an electronic transmission.
(36) "Written" means embodied in a tangible medium.
[2002 c 297 § 9; 2002 c 296 § 1; 2000 c 168 § 1; 1996 c 155
§ 4; 1995 c 47 § 1. Prior: 1991 c 269 § 35; 1991 c 72 § 28;
1989 c 165 § 14.]
Reviser's note: This section was amended by 2002 c 296 § 1 and by
2002 c 297 § 9, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
23B.01.410
23B.01.410 Notice. (1) Notice under this title must be
provided in the form of a record, except that oral notice of
any meeting of the board of directors may be given if
(2004 Ed.)
23B.01.410
expressly authorized by the articles of incorporation or
bylaws.
(2) Permissible means of transmission.
(a) Oral notice. Oral notice may be communicated in person, by telephone, wire, or wireless equipment which does
not transmit a facsimile of the notice, or by any electronic
means which does not create a record. If these forms of oral
notice are impracticable, oral notice may be communicated
by radio, television, or other form of public broadcast communication.
(b) Notice provided in a tangible medium. Notice may be
provided in a tangible medium and be transmitted by mail,
private carrier, or personal delivery; telegraph or teletype; or
telephone, wire, or wireless equipment which transmits a facsimile of the notice. If these forms of notice in a tangible
medium are impracticable, notice in a tangible medium may
be transmitted by an advertisement in a newspaper of general
circulation in the area where published.
(c) Notice provided in an electronic transmission.
(i) Notice may be provided in an electronic transmission
and be electronically transmitted.
(ii) Notice to shareholders or directors in an electronic
transmission is effective only with respect to shareholders
and directors that have consented, in the form of a record, to
receive electronically transmitted notices under this title and
designated in the consent the address, location, or system to
which these notices may be electronically transmitted and
with respect to a notice that otherwise complies with any
other requirements of this title and applicable federal law.
(A) Notice to shareholders or directors for this purpose
includes material that this title requires or permits to accompany the notice.
(B) A shareholder or director who has consented to
receipt of electronically transmitted notices may revoke this
consent by delivering a revocation to the corporation in the
form of a record.
(C) The consent of any shareholder or director is revoked
if (I) the corporation is unable to electronically transmit two
consecutive notices given by the corporation in accordance
with the consent, and (II) this inability becomes known to the
secretary of the corporation, the transfer agent, or any other
person responsible for giving the notice. The inadvertent failure by the corporation to treat this inability as a revocation
does not invalidate any meeting or other action.
(iii) Notice to shareholders or directors who have consented to receipt of electronically transmitted notices may be
provided by (A) posting the notice on an electronic network
and (B) delivering to the shareholder or director a separate
record of the posting, together with comprehensible instructions regarding how to obtain access to the posting on the
electronic network.
(iv) Notice to a domestic or foreign corporation, authorized to transact business in this state, in an electronic transmission is effective only with respect to a corporation that has
designated in a record an address, location, or system to
which the notices may be electronically transmitted.
(3) Effective time and date of notice.
(a) Oral notice. Oral notice is effective when received.
(b) Notice provided in a tangible medium.
(i) Notice in a tangible medium, if in a comprehensible
form, is effective at the earliest of the following:
[Title 23B RCW—page 5]
23B.01.420
Title 23B RCW: Washington Business Corporation Act
(A) If expressly authorized by the articles of incorporation or bylaws, and if notice is sent to the person's address,
telephone number, or other number appearing on the records
of the corporation, when dispatched by telegraph, teletype, or
facsimile equipment;
(B) When received;
(C) Except as provided in (b)(ii) of this subsection, five
days after its deposit in the United States mail, as evidenced
by the postmark, if mailed with first-class postage, prepaid
and correctly addressed; or
(D) On the date shown on the return receipt, if sent by
registered or certified mail, return receipt requested, and the
receipt is signed by or on behalf of the addressee.
(ii) Notice in a tangible medium by a domestic or foreign
corporation to its shareholder, if in a comprehensible form
and correctly addressed to the shareholder's address shown in
the corporation's current record of shareholders, is effective:
(A) When mailed, if mailed with first class postage prepaid; and
(B) When dispatched, if prepaid, by air courier.
(iii) Notice in a tangible medium to a domestic or foreign
corporation, authorized to transact business in this state, may
be addressed to the corporation's registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual report, or in the
case of a foreign corporation that has not yet delivered its
annual report in its application for a certificate of authority.
(c) Notice provided in an electronic transmission. Notice
provided in an electronic transmission, if in comprehensible
form, is effective when it: (i) Is electronically transmitted to
an address, location, or system designated by the recipient for
that purpose; or (ii) has been posted on an electronic network
and a separate record of the posting has been delivered to the
recipient together with comprehensible instructions regarding how to obtain access to the posting on the electronic network.
(4) If this title prescribes notice requirements for particular circumstances, those requirements govern. If articles of
incorporation or bylaws prescribe notice requirements, not
inconsistent with this section or other provisions of this title,
those requirements govern. [2002 c 297 § 10; 1991 c 72 § 29;
1990 c 178 § 2; 1989 c 165 § 15.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.01.420
23B.01.420 Notice—Common address—Address
defined—Shareholder consent. (1) A corporation has provided notice or any other record to shareholders of record
who share a common address if all of the following requirements are met:
(a) The corporation delivers the notice or other record to
the common address;
(b) The corporation addresses the notice or other record
to the shareholders who share that address either as a group or
to each of the shareholders individually; and
(c) Each shareholder consents in a record to delivery of a
single copy of such a notice or other record to the shareholders' common address, and the corporation notifies each shareholder of the duration of that shareholder's consent, and
explains the manner by which the shareholder can revoke the
consent.
[Title 23B RCW—page 6]
(2) For purposes of this section, "address" means a street
address, a post office box number, a facsimile telephone
number, a common address, location, or system for electronic
transmissions, or another similar destination to which records
are delivered.
(3) If a shareholder revokes consent to delivery of a single copy of any notice or other record to a common address,
or notifies the corporation that the shareholder wishes to
receive an individual copy of any notice or other record, the
corporation shall begin sending individual copies to that
shareholder within thirty days after the corporation receives
the revocation of consent or notice.
(4) Prior to the delivery of notice by electronic transmission to a common address, location, or system for electronic
transmissions under this section, each shareholder consenting
to receive notice under this section must also have consented
to the receipt of notices by electronic transmission as provided in RCW 23B.01.410. [2003 c 35 § 1.]
23B.01.500
23B.01.500 Domestic corporations—Notice of due
date for payment of annual license fee and filing annual
report. Not less than thirty nor more than ninety days prior
to July 1st of each year or to the expiration date of any staggered yearly license, the secretary of state shall mail to each
domestic corporation, at its registered office within the state,
by first-class mail, a notice that its annual license fee must be
paid and its annual report must be filed as required by this
title, and stating that if any domestic corporation shall fail to
pay its annual license fee or to file its annual report it shall be
dissolved and cease to exist. Failure of the secretary of state
to mail any such notice shall not relieve a corporation from its
obligations to pay the annual license fees and to file the
annual reports required by this title. [1989 c 165 § 16.]
23B.01.510
23B.01.510 Foreign corporations—Notice of due
date for payment of annual license fee and filing annual
report. Not less than thirty nor more than ninety days prior
to July 1st of each year or to the expiration date of any staggered yearly license, the secretary of state shall mail to each
foreign corporation qualified to do business in this state, by
first-class mail addressed to its registered office within this
state, a notice that its annual license fee must be paid and its
annual report must be filed as required by this title, and stating that if it shall fail to pay its annual license fee or to file its
annual report its certificate of authority to transact business
within this state may be revoked. Failure of the secretary of
state to mail any such notice shall not relieve a corporation
from its obligations to pay the annual license fees and to
obtain or file the annual reports required by this title. [1990 c
178 § 3; 1989 c 165 § 17.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.01.520
23B.01.520 Domestic corporations—Filing and initial license fees. Every domestic corporation, except one for
which existing law provides a different fee schedule, shall
pay for filing of its articles of incorporation and its first year's
license a fee of one hundred seventy-five dollars. [1989 c
165 § 18.]
(2004 Ed.)
Incorporation
23B.01.530
23B.01.530 Domestic corporations—Inactive corporation defined—Annual license fee. For the privilege of
doing business, every corporation organized under the laws
of this state, except the corporations for which existing law
provides a different fee schedule, shall make and file a statement in the form prescribed by the secretary of state and shall
pay an annual license fee each year following incorporation,
on or before the expiration date of its corporate license, to the
secretary of state. The secretary of state shall collect an
annual license fee of ten dollars for each inactive corporation
and fifty dollars for other corporations. As used in this section, "inactive corporation" means a corporation that certifies
at the time of filing under this section that it did not engage in
any business activities during the year ending on the expiration date of its corporate license. [1993 c 269 § 3; 1989 c 165
§ 19.]
Effective date—1993 c 269: See note following RCW 23.86.070.
23B.01.540
23B.01.540 Foreign corporations—Filing and license
fees on qualification. A foreign corporation doing an intrastate business or seeking to do an intrastate business in the
state of Washington shall qualify so to do in the manner prescribed in this title and shall pay for the privilege of so doing
the filing and license fees prescribed in this title for domestic
corporations, including the same fees as are prescribed in
RCW 23B.01.520, for the filing of articles of incorporation of
a domestic corporation. [1989 c 165 § 20.]
23B.01.550
23B.01.550 Foreign corporations—Annual license
fees. All foreign corporations doing intrastate business, or
hereafter seeking to do intrastate business in this state shall
pay for the privilege of doing such intrastate business in this
state the same fees as are prescribed by RCW 23B.01.530 for
domestic corporations for annual license fees. All license fees
shall be paid on or before the first day of July of each and
every year or on the annual license expiration date as the secretary of state may establish under this title. [1989 c 165 §
21.]
23B.01.560
23B.01.560 License fees for reinstated corporation.
(1) A corporation seeking reinstatement shall pay the full
amount of all annual corporation license fees which would
have been assessed for the license years of the period of
administrative dissolution had the corporation been in active
status, plus a surcharge established by the secretary of state
by rule, and the license fee for the year of reinstatement.
(2) The penalties herein established shall be in lieu of
any other penalties or interest which could have been
assessed by the secretary of state under the corporation laws
or which, under those laws, would have accrued during any
period of delinquency, dissolution, or expiration of corporate
duration. [1993 c 269 § 4; 1989 c 165 § 22.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Chapter 23B.02
ing paid its annual corporate license fee and without having
filed a substantially complete annual report under RCW
23B.16.220(1) when either is due, there shall become due and
owing the state of Washington a penalty as established by
rule by the secretary.
A corporation organized under this title may at any time
prior to its dissolution as provided in RCW 23B.14.200, and
a foreign corporation qualified to do business in this state
may at any time prior to the revocation of its certificate of
authority as provided in RCW 23B.15.300, pay to the state of
Washington its current annual license fee, provided it also
pays an amount equal to all previously unpaid annual license
fees plus the penalty established by rule by the secretary.
[1994 c 287 § 6; 1991 c 72 § 30; 1989 c 165 § 23.]
23B.01.580
23B.01.580 Waiver of penalty fees. The secretary of
state may, where exigent or mitigating circumstances are presented, waive penalty fees due from any licensed corporation
previously in good standing which would otherwise be penalized or lose its active status. Any corporation desiring to seek
relief under this section shall, within fifteen days of discovery
by corporate officials of the missed filing or lapse, notify the
secretary of state in writing. The notification shall include the
name and mailing address of the corporation, the corporate
officer to whom correspondence should be sent, and a statement under oath by a responsible corporate officer, setting
forth the nature of the missed filing or lapse, the circumstances giving rise to the missed filing or lapse, and the relief
sought. Upon receipt of the notice, the secretary of state shall
investigate the circumstances of the missed filing or lapse. If
the secretary of state is satisfied that sufficient exigent or mitigating circumstances exist, that the corporation has demonstrated good faith and a reasonable attempt to comply with
the applicable corporate license statutes of this state, the secretary of state may issue an order allowing relief from the
penalty. If the secretary of state determines the request does
not comply with the requirements for relief, the secretary of
state shall deny the relief and state the reasons for the denial.
Any denial of relief by the secretary of state is not reviewable
notwithstanding the provisions of chapter 34.05 RCW. [1990
c 178 § 4; 1989 c 165 § 24.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.01.590
23B.01.590 Public service companies entitled to
deductions. The annual fee required to be paid to the Washington utilities and transportation commission by any public
service corporation shall be deducted from the annual license
fee provided in this title and the excess only shall be collected.
It shall be the duty of the commission to furnish to the
secretary of state on or before July 1st of each year a list of all
public service corporations with the amount of annual license
fees paid to the commission for the current year. [1989 c 165
§ 25.]
23B.01.570
23B.01.570 Penalty for nonpayment of annual corporate license fees and failure to file a substantially complete annual report—Payment of delinquent fees—Rules.
In the event any corporation, foreign or domestic, fails to file
a full and complete initial report under RCW 23B.02.050(4)
and 23B.16.220(3) or does business in this state without hav(2004 Ed.)
Chapter 23B.02
Chapter 23B.02 RCW
INCORPORATION
Sections
23B.02.010 Incorporators.
[Title 23B RCW—page 7]
23B.02.010
Title 23B RCW: Washington Business Corporation Act
23B.02.020 Articles of incorporation.
23B.02.030 Effect of filing.
23B.02.032 Certificate of authority as insurance company—Filing of
records.
23B.02.040 Liability for preincorporation transactions.
23B.02.050 Organization of corporation.
23B.02.060 Bylaws.
23B.02.070 Emergency bylaws.
23B.02.010 Incorporators. One or more persons may
act as the incorporator or incorporators of a corporation by
delivering articles of incorporation to the secretary of state
for filing. [1989 c 165 § 26.]
23B.02.010
23B.02.020 Articles of incorporation. (1) The articles
of incorporation must set forth:
(a) A corporate name for the corporation that satisfies the
requirements of RCW 23B.04.010;
(b) The number of shares the corporation is authorized to
issue in accordance with RCW 23B.06.010 and 23B.06.020;
(c) The street address of the corporation's initial registered office and the name of its initial registered agent at that
office in accordance with RCW 23B.05.010; and
(d) The name and address of each incorporator in accordance with RCW 23B.02.010.
(2) The articles of incorporation or bylaws must either
specify the number of directors or specify the process by
which the number of directors will be fixed, unless the articles of incorporation dispense with a board of directors pursuant to RCW 23B.08.010.
(3) Unless its articles of incorporation provide otherwise,
a corporation is governed by the following provisions:
(a) The board of directors may adopt bylaws to be effective only in an emergency as provided by RCW 23B.02.070;
(b) A corporation has the purpose of engaging in any
lawful business under RCW 23B.03.010;
(c) A corporation has perpetual existence and succession
in its corporate name under RCW 23B.03.020;
(d) A corporation has the same powers as an individual
to do all things necessary or convenient to carry out its business and affairs, including itemized powers under RCW
23B.03.020;
(e) All shares are of one class and one series, have unlimited voting rights, and are entitled to receive the net assets of
the corporation upon dissolution under RCW 23B.06.010 and
23B.06.020;
(f) If more than one class of shares is authorized, all
shares of a class must have preferences, limitations, and relative rights identical to those of other shares of the same class
under RCW 23B.06.010;
(g) If the board of directors is authorized to designate the
number of shares in a series, the board may, after the issuance
of shares in that series, reduce the number of authorized
shares of that series under RCW 23B.06.020;
(h) The board of directors must authorize any issuance of
shares under RCW 23B.06.210;
(i) Shares may be issued pro rata and without consideration to shareholders under RCW 23B.06.230;
(j) Shares of one class or series may not be issued as a
share dividend with respect to another class or series, unless
there are no outstanding shares of the class or series to be
issued, or a majority of votes entitled to be cast by such class
or series approve as provided in RCW 23B.06.230;
23B.02.020
[Title 23B RCW—page 8]
(k) A corporation may issue rights, options, or warrants
for the purchase of shares of the corporation under RCW
23B.06.240;
(l) A shareholder has, and may waive, a preemptive right
to acquire the corporation's unissued shares as provided in
RCW 23B.06.300;
(m) Shares of a corporation acquired by it may be reissued under RCW 23B.06.310;
(n) The board may authorize and the corporation may
make distributions not prohibited by statute under RCW
23B.06.400;
(o) The preferential rights upon dissolution of certain
shareholders will be considered a liability for purposes of
determining the validity of a distribution under RCW
23B.06.400;
(p) Action may be taken by shareholders by unanimous
consent of all shareholders entitled to vote on the action,
unless the approval of a lesser number of shareholders is permitted as provided in RCW 23B.07.040, which consent shall
be in the form of a record;
(q) Unless this title requires otherwise, the corporation is
required to give notice only to shareholders entitled to vote at
a meeting and the notice for an annual meeting need not
include the purpose for which the meeting is called under
RCW 23B.07.050;
(r) A corporation that is a public company shall hold a
special meeting of shareholders if the holders of at least ten
percent of the votes entitled to be cast on any issue proposed
to be considered at the meeting demand a meeting under
RCW 23B.07.020;
(s) Subject to statutory exceptions, each outstanding
share, regardless of class, is entitled to one vote on each matter voted on at a shareholders' meeting under RCW
23B.07.210;
(t) A majority of the votes entitled to be cast on a matter
by a voting group constitutes a quorum, unless the title provides otherwise under RCW 23B.07.250 and 23B.07.270;
(u) Action on a matter, other than election of directors,
by a voting group is approved if the votes cast within the voting group favoring the action exceed the votes cast opposing
the action, unless this title requires a greater number of affirmative votes under RCW 23B.07.250;
(v) All shares of one or more classes or series that are
entitled to vote will be counted together collectively on any
matter at a meeting of shareholders under RCW 23B.07.260;
(w) Directors are elected by cumulative voting under
RCW 23B.07.280;
(x) Directors are elected by a plurality of votes cast by
shares entitled to vote under RCW 23B.07.280;
(y) A corporation must have a board of directors under
RCW 23B.08.010;
(z) All corporate powers must be exercised by or under
the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors
under RCW 23B.08.010;
(aa) The shareholders may remove one or more directors
with or without cause under RCW 23B.08.080;
(bb) A vacancy on the board of directors may be filled by
the shareholders or the board of directors under RCW
23B.08.100;
(2004 Ed.)
Incorporation
(cc) A corporation shall indemnify a director who was
wholly successful in the defense of any proceeding to which
the director was a party because the director is or was a director of the corporation against reasonable expenses incurred
by the director in connection with the proceeding under RCW
23B.08.520;
(dd) A director of a corporation who is a party to a proceeding may apply for indemnification of reasonable
expenses incurred by the director in connection with the proceeding to the court conducting the proceeding or to another
court of competent jurisdiction under RCW 23B.08.540;
(ee) An officer of the corporation who is not a director is
entitled to mandatory indemnification under RCW
23B.08.520, and is entitled to apply for court-ordered indemnification under RCW 23B.08.540, in each case to the same
extent as a director under RCW 23B.08.570;
(ff) The corporation may indemnify and advance
expenses to an officer, employee, or agent of the corporation
who is not a director to the same extent as to a director under
RCW 23B.08.570;
(gg) A corporation may indemnify and advance
expenses to an officer, employee, or agent who is not a director to the extent, consistent with law, that may be provided by
its articles of incorporation, bylaws, general or specific action
of its board of directors, or contract under RCW 23B.08.570;
(hh) A corporation's board of directors may adopt certain
amendments to the corporation's articles of incorporation
without shareholder action under RCW 23B.10.020;
(ii) Unless this title or the board of directors requires a
greater vote or a vote by voting groups, an amendment to the
corporation's articles of incorporation must be approved by
each voting group entitled to vote on the proposed amendment by two-thirds, or, in the case of a public company, a
majority, of all the votes entitled to be cast by that voting
group under RCW 23B.10.030;
(jj) A corporation's board of directors may amend or
repeal the corporation's bylaws unless this title reserves this
power exclusively to the shareholders in whole or in part, or
unless the shareholders in amending or repealing a bylaw
provide expressly that the board of directors may not amend
or repeal that bylaw under RCW 23B.10.200;
(kk) Unless this title or the board of directors require a
greater vote or a vote by voting groups, a plan of merger or
share exchange must be approved by each voting group entitled to vote on the merger or share exchange by two-thirds of
all the votes entitled to be cast by that voting group under
RCW 23B.11.030;
(ll) Approval by the shareholders of the sale, lease,
exchange, or other disposition of all, or substantially all, the
corporation's property in the usual and regular course of business is not required under RCW 23B.12.010;
(mm) Approval by the shareholders of the mortgage,
pledge, dedication to the repayment of indebtedness, or other
encumbrance of any or all of the corporation's property,
whether or not in the usual and regular course of business, is
not required under RCW 23B.12.010;
(nn) Unless the board of directors requires a greater vote
or a vote by voting groups, a sale, lease, exchange, or other
disposition of all or substantially all of the corporation's property, other than in the usual and regular course of business,
must be approved by each voting group entitled to vote on
(2004 Ed.)
23B.02.020
such transaction by two-thirds of all votes entitled to be cast
by that voting group under RCW 23B.12.020; and
(oo) Unless the board of directors requires a greater vote
or a vote by voting groups, a proposal to dissolve must be
approved by each voting group entitled to vote on the dissolution by two-thirds of all votes entitled to be cast by that voting group under RCW 23B.14.020.
(4) Unless its articles of incorporation or its bylaws provide otherwise, a corporation is governed by the following
provisions:
(a) The board of directors may authorize the issuance of
some or all of the shares of any or all of the corporation's
classes or series without certificates under RCW 23B.06.260;
(b) A corporation that is not a public company shall hold
a special meeting of shareholders if the holders of at least ten
percent of the votes entitled to be cast on any issue proposed
to be considered at the meeting demand a meeting under
RCW 23B.07.020;
(c) A director need not be a resident of this state or a
shareholder of the corporation under RCW 23B.08.020;
(d) The board of directors may fix the compensation of
directors under RCW 23B.08.110;
(e) Members of the board of directors may participate in
a meeting of the board by any means of similar communication by which all directors participating can hear each other
during the meeting under RCW 23B.08.200;
(f) Action permitted or required by this title to be taken
at a board of directors' meeting may be taken without a meeting if action is taken by all members of the board under RCW
23B.08.210;
(g) Regular meetings of the board of directors may be
held without notice of the date, time, place, or purpose of the
meeting under RCW 23B.08.220;
(h) Special meetings of the board of directors must be
preceded by at least two days' notice of the date, time, and
place of the meeting, and the notice need not describe the purpose of the special meeting under RCW 23B.08.220;
(i) A quorum of a board of directors consists of a majority of the number of directors under RCW 23B.08.240;
(j) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the
board of directors under RCW 23B.08.240;
(k) A board of directors may create one or more committees and appoint members of the board of directors to serve
on them under RCW 23B.08.250; and
(l) Unless approved by the shareholders, a corporation
may indemnify, or make advances to, a director for reasonable expenses incurred in the defense of any proceeding to
which the director was a party because of being a director
only to the extent such action is consistent with RCW
23B.08.500 through 23B.08.580.
(5) The articles of incorporation may contain the following provisions:
(a) The names and addresses of the individuals who are
to serve as initial directors;
(b) The par value of any authorized shares or classes of
shares;
(c) Provisions not inconsistent with law related to the
management of the business and the regulation of the affairs
of the corporation;
[Title 23B RCW—page 9]
23B.02.030
Title 23B RCW: Washington Business Corporation Act
(d) Any provision that under this title is required or permitted to be set forth in the bylaws;
(e) Provisions not inconsistent with law defining, limiting, and regulating the powers of the corporation, its board of
directors, and shareholders;
(f) Provisions authorizing shareholder action to be taken
by consent of less than all of the shareholders entitled to vote
on the action, in accordance with RCW 23B.07.040;
(g) If the articles of incorporation authorize dividing
shares into classes, the election of all or a specified number of
directors may be effected by the holders of one or more
authorized classes of shares under RCW 23B.08.040;
(h) The terms of directors may be staggered under RCW
23B.08.060;
(i) Shares may be redeemable or convertible (i) at the
option of the corporation, the shareholder, or another person,
or upon the occurrence of a designated event; (ii) for cash,
indebtedness, securities, or other property; or (iii) in a designated amount or in an amount determined in accordance with
a designated formula or by reference to extrinsic data or
events under RCW 23B.06.010; and
(j) A director's personal liability to the corporation or its
shareholders for monetary damages for conduct as a director
may be eliminated or limited under RCW 23B.08.320.
(6) The articles of incorporation or the bylaws may contain the following provisions:
(a) A restriction on the transfer or registration of transfer
of the corporation's shares under RCW 23B.06.270;
(b) Shareholders may participate in a meeting of shareholders by any means of communication by which all persons
participating in the meeting can hear each other under RCW
23B.07.080;
(c) A quorum of the board of directors may consist of as
few as one-third of the number of directors under RCW
23B.08.240;
(d) If the corporation is registered as an investment company under the investment company act of 1940, a provision
limiting the requirement to hold an annual meeting of shareholders as provided in RCW 23B.07.010(2); and
(e) If the corporation is registered as an investment company under the investment company act of 1940, a provision
establishing terms of directors which terms may be longer
than one year as provided in RCW 23B.05.050.
(7) The articles of incorporation need not set forth any of
the corporate powers enumerated in this title. [2002 c 297 §
11; 1997 c 19 § 1; 1996 c 155 § 5; 1994 c 256 § 27; 1989 c
165 § 27.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
23B.02.030
23B.02.030 Effect of filing. (1) Unless a delayed effective date is specified, the corporate existence begins when the
articles of incorporation are filed.
(2) The secretary of state's filing of the articles of incorporation is conclusive proof that the incorporators satisfied
all conditions precedent to the incorporation except in a proceeding by the state to cancel or revoke the incorporation or
involuntarily to dissolve the corporation. [1989 c 165 § 28.]
23B.02.032
23B.02.032 Certificate of authority as insurance
company—Filing of records. For those corporations that
[Title 23B RCW—page 10]
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than the
secretary of state. [2002 c 297 § 12; 1998 c 23 § 6.]
23B.02.040
23B.02.040 Liability for preincorporation transactions. All persons purporting to act as or on behalf of a corporation, knowing there was no incorporation under this title,
are jointly and severally liable for liabilities created while so
acting except for any liability to any person who also knew
that there was no incorporation. [1989 c 165 § 29.]
23B.02.050
23B.02.050 Organization of corporation. (1) After
incorporation:
(a) If initial directors are named in the articles of incorporation, the initial directors shall hold an organizational
meeting, at the call of a majority of the directors, to complete
the organization of the corporation by appointing officers,
adopting bylaws, and carrying on any other business brought
before the meeting;
(b) If initial directors are not named in the articles, the
incorporator or incorporators shall hold an organizational
meeting at the call of a majority of the incorporators:
(i) To elect directors and complete the organization of
the corporation; or
(ii) To elect a board of directors who shall complete the
organization of the corporation.
(2) Action required or permitted by this title to be taken
by incorporators at an organizational meeting may be taken
without a meeting if the action taken is evidenced by the consent of each of the incorporators in the form of a record
describing the action taken and executed by each incorporator.
(3) An organizational meeting may be held in or out of
this state.
(4) A corporation's initial report containing the information described in RCW 23B.16.220(1) must be delivered to
the secretary of state within one hundred twenty days of the
date on which the corporation's articles of incorporation were
filed. [2002 c 297 § 13; 1991 c 72 § 31; 1989 c 165 § 30.]
23B.02.060
23B.02.060 Bylaws. (1) The incorporators or board of
directors of a corporation shall adopt initial bylaws for the
corporation.
(2) The articles of incorporation or bylaws must either
specify the number of directors or specify the process by
which the number of directors will be fixed, unless the articles of incorporation dispense with a board of directors pursuant to RCW 23B.08.010;
(3) Unless its articles of incorporation or its bylaws provide otherwise, a corporation is governed by the following
provisions:
(a) The board of directors may authorize the issuance of
some or all of the shares of any or all of the corporation's
classes or series without certificates under RCW 23B.06.260;
(b) A corporation that is not a public company shall hold
a special meeting of shareholders if the holders of at least ten
(2004 Ed.)
Powers and Purposes
percent of the votes entitled to be cast on any issue proposed
to be considered at the meeting demand a meeting under
RCW 23B.07.020;
(c) A director need not be a resident of this state or a
shareholder of the corporation under RCW 23B.08.020;
(d) The board of directors may fix the compensation of
directors under RCW 23B.08.110;
(e) Members of the board of directors may participate in
a meeting of the board by means of a conference telephone
o r si m ila r c o m m u n ic a t io n e q u ip m e n t u nd e r RC W
23B.08.200;
(f) Action permitted or required by this title to be taken
at a board of directors' meeting may be taken without a meeting if action is taken by all members of the board under RCW
23B.08.210;
(g) Regular meetings of the board of directors may be
held without notice of the date, time, place, or purpose of the
meeting under RCW 23B.08.220;
(h) Special meetings of the board of directors must be
preceded by at least two days' notice of the date, time, and
place of the meeting, and the notice need not describe the purpose of the special meeting under RCW 23B.08.220;
(i) A quorum of a board of directors consists of a majority of the number of directors under RCW 23B.08.240;
(j) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the
board of directors under RCW 23B.08.240;
(k) A board of directors may create one or more committees and appoint members of the board of directors to serve
on them under RCW 23B.08.250; and
(l) Unless approved by shareholders, a corporation may
indemnify, or make advances to, a director only for reasonable expenses incurred in the defense of any proceeding to
which the director was a party because of being a director to
the extent such action is consistent with RCW 23B.08.500
through 23B.08.580 under RCW 23B.08.590.
(4) The bylaws of a corporation may contain any provision, not in conflict with law or the articles of incorporation,
for managing the business and regulating the affairs of the
corporation, including but not limited to the following:
(a) A restriction on the transfer or registration of transfer
of the corporation's shares under RCW 23B.06.270;
(b) Shareholders may participate in a meeting of shareholders by any means of communication by which all persons
participating in the meeting can hear each other under RCW
23B.07.080; and
(c) A quorum of the board of directors may consist of as
few as one-third of the number of directors under RCW
23B.08.240. [1989 c 165 § 31.]
23B.02.070 Emergency bylaws. (1) Unless the articles
of incorporation provide otherwise, the board of directors of
a corporation may adopt bylaws to be effective only in an
emergency defined in subsection (4) of this section. The
emergency bylaws, which are subject to amendment or repeal
by the shareholders, may make all provisions necessary for
managing the corporation during the emergency, including:
(a) Procedures for calling a meeting of the board of
directors;
(b) Quorum requirements for the meeting; and
(c) Designation of additional or substitute directors.
23B.02.070
(2004 Ed.)
23B.03.020
(2) All provisions of the regular bylaws consistent with
the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the
emergency ends.
(3) Corporate action taken in good faith in accordance
with the emergency bylaws:
(a) Binds the corporation; and
(b) May not be used to impose liability on a corporate
director, officer, employee, or agent.
(4) An emergency exists for purposes of this section if a
quorum of the corporation's directors cannot readily be
assembled because of some catastrophic event. [1989 c 165
§ 32.]
Chapter 23B.03
Chapter 23B.03 RCW
POWERS AND PURPOSES
Sections
23B.03.010
23B.03.020
23B.03.030
23B.03.040
Purposes.
General powers.
Emergency powers.
Ultra vires.
23B.03.010
23B.03.010 Purposes. (1) Every corporation incorporated under this title has the purpose of engaging in any lawful business unless a more limited purpose is set forth in the
articles of incorporation.
(2) Corporations organized for the purposes of banking
or engaging in business as an insurer shall not be organized
under this title. [1989 c 165 § 33.]
23B.03.020
23B.03.020 General powers. (1) Unless its articles of
incorporation provide otherwise, every corporation has perpetual duration and succession in its corporate name.
(2) Unless its articles of incorporation provide otherwise,
every corporation has the same powers as an individual to do
all things necessary or convenient to carry out its business
and affairs, including without limitation, power:
(a) To sue and be sued, complain, and defend in its corporate name;
(b) To have a corporate seal, which may be altered at
will, and to use it, or a facsimile of it, by impressing or affixing it or in any other manner reproducing it;
(c) To make and amend bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for
managing the business and regulating the affairs of the corporation;
(d) To purchase, receive, lease, or otherwise acquire, and
own, hold, improve, use, and otherwise deal with, real or personal property, or any legal or equitable interest in property,
wherever located;
(e) To sell, convey, mortgage, pledge, lease, exchange,
and otherwise dispose of all or any part of its property;
(f) To purchase, receive, subscribe for, or otherwise
acquire; own, hold, vote, use, sell, mortgage, lend, pledge, or
otherwise dispose of; and deal in and with shares or other
interests in, or obligations of, any person;
(g) To make contracts, incur liabilities, borrow money,
issue its notes, bonds, and other obligations, which may be
convertible into or include the option to purchase other securities of the corporation, and secure any of its obligations by
[Title 23B RCW—page 11]
23B.03.030
Title 23B RCW: Washington Business Corporation Act
mortgage or pledge of any of its property, franchises, or
income;
(h) To make guarantees respecting the contracts, securities, or obligations of any person; including, but not limited
to, any shareholder, affiliated or unaffiliated individual,
domestic or foreign corporation, partnership, association,
joint venture or trust, if such guarantee may reasonably be
expected to benefit, directly or indirectly, the guarantor corporation. As to the enforceability of the guarantee, the decision of the board of directors that the guarantee may be reasonably expected to benefit, directly or indirectly, the guarantor corporation shall be binding in respect to the issue of
benefit to the guarantor corporation;
(i) To lend money, invest and reinvest its funds, and
receive and hold real and personal property as security for
repayment;
(j) To be a promoter, partner, member, associate, or manager of any partnership, joint venture, trust, or other entity;
(k) To conduct its business, locate offices, and exercise
the powers granted by this title within or without this state;
(l) To elect, appoint, or hire officers, employees, and
other agents of the corporation, define their duties, fix their
compensation, and lend them money and credit;
(m) To fix the compensation of directors, and lend them
money and credit;
(n) To pay pensions and establish pension plans, pension
trusts, profit sharing plans, share bonus plans, share option
plans, and benefit or incentive plans for any or all of its current or former directors, officers, employees, and agents;
(o) To make donations for the public welfare or for charitable, scientific, or educational purposes;
(p) To transact any lawful business that will aid governmental policy; and
(q) To make payments or donations, or do any other act,
not inconsistent with law, that furthers the business and
affairs of the corporation. [1989 c 165 § 34.]
23B.03.030 Emergency powers. (1) In anticipation of
or during an emergency defined in subsection (4) of this section, the board of directors of a corporation may:
(a) Modify lines of succession to accommodate the incapacity of any director, officer, employee, or agent; and
(b) Relocate the principal office, designate alternative
principal offices or regional offices, or authorize the officers
to do so.
(2) During an emergency defined in subsection (4) of
this section, unless emergency bylaws provide otherwise:
(a) Notice of a meeting of the board of directors need be
given only to those directors whom it is practicable to reach
and may be given in any practicable manner, including by
publication and radio; and
(b) One or more officers of the corporation present at a
meeting of the board of directors may be deemed to be directors for the meeting in order of rank and within the same rank
in order of seniority, as necessary to achieve a quorum.
(3) Corporate action taken in good faith during an emergency under this section to further the business affairs of the
corporation:
(a) Binds the corporation; and
(b) May not be used to impose liability on a corporate
director, officer, employee, or agent.
(4) An emergency exists for purposes of this section if a
quorum of the corporation's directors cannot readily be
assembled because of some catastrophic event. [1989 c 165
§ 35.]
23B.03.040
23B.03.040 Ultra vires. (1) Except as provided in subsection (2) of this section, corporate action may not be challenged on the ground that the corporation lacks or lacked
power to act.
(2) A corporation's power to act may be challenged:
(a) In a proceeding by a shareholder against the corporation to enjoin the act;
(b) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer,
employee, or agent of the corporation; or
(c) In a proceeding by the attorney general under RCW
23B.14.300.
(3) In a shareholder's proceeding under subsection (2)(a)
of this section to enjoin an unauthorized corporate act, the
court may enjoin or set aside the act, and may award damages
for loss suffered by the corporation or another party because
of enjoining or setting aside the unauthorized act. [1989 c
165 § 36.]
Chapter 23B.04
Chapter 23B.04 RCW
NAME
Sections
23B.04.010
23B.04.020
23B.04.030
23B.04.035
Corporate name.
Reserved name.
Registered name.
Certificate of authority as insurance company—Filing of
records.
23B.04.037 Certificate of authority as insurance company—Registration
or reservation of name.
23B.03.030
[Title 23B RCW—page 12]
23B.04.010
23B.04.010 Corporate name. (1) A corporate name:
(a) Must contain the word "corporation," "incorporated,"
"company," or "limited," or the abbreviation "corp.," "inc.,"
"co.," or "ltd.";
(b) Must not contain language stating or implying that
the corporation is organized for a purpose other than those
permitted by RCW 23B.03.010 and its articles of incorporation;
(c) Must not contain any of the following words or
phrases:
"Bank," "banking," "banker," "trust," "cooperative," or
any combination of the words "industrial" and "loan," or any
combination of any two or more of the words "building,"
"savings," "loan," "home," "association," and "society," or
any other words or phrases prohibited by any statute of this
state; and
(d) Except as authorized by subsections (2) and (3) of
this section, must be distinguishable upon the records of the
secretary of state from:
(i) The corporate name of a corporation incorporated or
authorized to transact business in this state;
(ii) A corporate name reserved or registered under chapter 23B.04 RCW;
(2004 Ed.)
Name
(iii) The fictitious name adopted under RCW
23B.15.060 by a foreign corporation authorized to transact
business in this state because its real name is unavailable;
(iv) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct
affairs in this state under chapter 24.03 RCW;
(v) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under chapter 24.06 RCW;
(vi) The name or reserved name of a foreign or domestic
limited partnership formed or registered under chapter 25.10
RCW;
(vii) The name or reserved name of a limited liability
company organized or registered under chapter 25.15 RCW;
and
(viii) The name or reserved name of a limited liability
partnership registered under chapter 25.04 RCW.
(2) A corporation may apply to the secretary of state for
authorization to use a name that is not distinguishable upon
the records from one or more of the names described in subsection (1) of this section. The secretary of state shall authorize use of the name applied for if:
(a) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use
in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered
to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or
(b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant's right to use the name
applied for in this state.
(3) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, limited liability company, limited partnership, or limited liability
partnership, that is used in this state if the other entity is
formed or authorized to transact business in this state, and the
proposed user corporation:
(a) Has merged with the other corporation, limited liability company, or limited partnership; or
(b) Has been formed by reorganization of the other corporation.
(4) This title does not control the use of assumed business names or "trade names."
(5) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in
the same name. [1998 c 102 § 1; 1994 c 211 § 1304. Prior:
1991 c 269 § 36; 1991 c 72 § 32; 1989 c 165 § 37.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
(2004 Ed.)
23B.04.035
23B.04.020 Reserved name. (1) A person may reserve
the exclusive use of a corporate name, including a fictitious
name adopted pursuant to RCW 23B.15.060 for a foreign
corporation whose corporate name is not available, by delivering an application to the secretary of state for filing. The
application must set forth the name and address of the applicant and the name proposed to be reserved. If the secretary of
state finds that the corporate name applied for is available,
the secretary of state shall reserve the name for the applicant's
exclusive use for a nonrenewable one hundred eighty-day
period.
(2) The owner of a reserved corporate name may transfer
the reservation to another person by delivering to the secretary of state a signed notice of the transfer that states the name
and address of the transferee. [1989 c 165 § 38.]
23B.04.020
23B.04.030
23B.04.030 Registered name. (1) A foreign corporation may register its corporate name, or its corporate name
with any addition required by RCW 23B.15.060, if the name
is distinguishable upon the records of the secretary of state
from the names specified in RCW 23B.04.010(1).
(2) A foreign corporation registers its corporate name, or
its corporate name with any addition required by RCW
23B.15.060, by delivering to the secretary of state for filing
an application that:
(a) Sets forth its corporate name, or its corporate name
with any addition required by RCW 23B.15.060, and the state
or country and date of its incorporation; and
(b) Is accompanied by a certificate of existence, or a document of similar import, from the state or country of incorporation.
(3) The name is registered for the applicant's exclusive
use upon the effective date of the application and until the
close of the calendar year in which the application for registration is filed.
(4) A foreign corporation whose registration is effective
may renew it for successive years by delivering to the secretary of state for filing a renewal application, which complies
with the requirements of subsection (2) of this section,
between October 1 and December 31 of the preceding year.
The renewal application when filed renews the registration
for the following calendar year.
(5) A foreign corporation whose registration is effective
may thereafter qualify as a foreign corporation under the registered name, or consent in writing to the use of that name by
a corporation thereafter incorporated under this title, by a
limited partnership thereafter formed under chapter 25.10
RCW, or by another foreign corporation or limited partnership thereafter authorized to transact business in this state.
The registration terminates when the domestic corporation is
incorporated or the domestic limited partnership is formed, or
the foreign corporation qualifies or consents to the qualification of another foreign corporation or limited partnership
under the registered name. [1989 c 165 § 39.]
23B.04.035 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
23B.04.035
[Title 23B RCW—page 13]
23B.04.037
Title 23B RCW: Washington Business Corporation Act
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than the
secretary of state. [2002 c 297 § 14; 1998 c 23 § 7.]
23B.04.037 Certificate of authority as insurance
company—Registration or reservation of name. For those
corporations that intend to apply for a certificate of authority
from the insurance commissioner as an insurance company
under chapter 48.05 RCW, whenever under this chapter a
corporation may register or reserve a corporate name, the registration or reservation shall be filed with the insurance commissioner rather than the secretary of state. The secretary of
state and insurance commissioner shall cooperate with each
other in registering or reserving a corporate name so that
there is no duplication of the name. [1998 c 23 § 8.]
consent, that person, corporation, or limited liability company may file a notarized statement attesting to that fact, and
the name shall immediately be removed from the records of
the secretary of state. [2002 c 297 § 15; 1989 c 165 § 40.]
23B.04.037
Chapter 23B.05
Chapter 23B.05 RCW
OFFICE AND AGENT
Sections
23B.05.010
23B.05.020
23B.05.030
23B.05.040
23B.05.050
Registered office and registered agent.
Change of registered office or registered agent.
Resignation of registered agent.
Service on corporation.
Annual meeting of shareholders—Limitations—Terms of
directors.
23B.05.010 Registered office and registered agent.
(1) Each corporation must continuously maintain in this state:
(a) A registered office that may be the same as any of its
places of business. The registered office shall be at a specific
geographic location in this state, and be identified by number,
if any, and street, or building address or rural route, or, if a
commonly known street or rural route address does not exist,
by legal description. A registered office may not be identified
by post office box number or other nongeographic address.
For purposes of communicating by mail, the secretary of state
may permit the use of a post office address in conjunction
with the registered office address if the corporation also
maintains on file the specific geographic address of the registered office where personal service of process may be made;
(b) A registered agent that may be:
(i) An individual residing in this state whose business
office is identical with the registered office;
(ii) A domestic corporation or not-for-profit domestic
corporation whose business office is identical with the registered office;
(iii) A foreign corporation or not-for-profit foreign corporation authorized to conduct affairs in this state whose
business office is identical with the registered office;
(iv) A domestic limited liability company whose business office is identical with the registered office; or
(v) A foreign limited liability company authorized to
conduct affairs in this state whose business office is identical
with the registered office.
(2) A registered agent shall not be appointed without
having given prior consent in a record to the appointment.
The consent shall be filed with the secretary of state in such
form as the secretary of state may prescribe. The consent
shall be filed with or as a part of the record first appointing a
registered agent. In the event any individual, corporation, or
limited liability company has been appointed agent without
23B.05.010
[Title 23B RCW—page 14]
23B.05.020
23B.05.020 Change of registered office or registered
agent. (1) A corporation may change its registered office or
registered agent by delivering to the secretary of state for filing a statement of change that sets forth:
(a) The name of the corporation;
(b) If the current registered office is to be changed, the
street address of the new registered office in accord with
RCW 23B.05.010(1)(a);
(c) If the current registered agent is to be changed, the
name of the new registered agent and the new agent's consent
in a record, either on the statement or attached to it in a manner and form as the secretary of state may prescribe, to the
appointment; and
(d) That after the change or changes are made, the street
addresses of its registered office and the business office of its
registered agent will be identical.
(2) If a registered agent changes the street address of the
agent's business office, the registered agent may change the
street address of the registered office of any corporation for
which the agent is the registered agent by notifying the corporation of the change either (a) in a written record, or (b) if the
corporation has designated an address, location, or system to
which the notices may be electronically transmitted and the
registered agent electronically transmits the notice to the corporation at the designated address, location, or system, in an
electronically transmitted record and delivering to the secretary of state for filing a statement that complies with the
requirements of subsection (1) of this section and recites that
the corporation has been notified of the change. [2002 c 297
§ 16; 1989 c 165 § 41.]
23B.05.030
23B.05.030 Resignation of registered agent. (1) A
registered agent may resign as agent by signing and delivering to the secretary of state for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued.
(2) After filing the statement the secretary of state shall
mail a copy of the statement to the corporation at its principal
office.
(3) The agency appointment is terminated, and the registered office discontinued if so provided, on the 31st day after
the date on which the statement was filed. [1989 c 165 § 42.]
23B.05.040
23B.05.040 Service on corporation. (1) A corporation's registered agent is the corporation's agent for service of
process, notice, or demand required or permitted by law to be
served on the corporation.
(2) The secretary of state shall be an agent of a corporation upon whom any such process, notice, or demand may be
served if:
(a) The corporation fails to appoint or maintain a registered agent in this state; or
(b) The registered agent cannot with reasonable diligence be found at the registered office.
(2004 Ed.)
Shares and Distributions
(3) Service on the secretary of state of any such process,
notice, or demand shall be made by delivering to and leaving
with the secretary of state, or with any duly authorized clerk
of the corporation department of the secretary of state's
office, the process, notice, or demand. In the event any such
process, notice, or demand is served on the secretary of state,
the secretary of state shall immediately cause a copy thereof
to be forwarded by certified mail, addressed to the secretary
of the corporation at the corporation's principal office as
shown on the records of the secretary of state. Any service so
had on the secretary of state shall be returnable in not less
than thirty days.
(4) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of
state under this section, and shall record therein the time of
such service and the secretary of state's action with reference
thereto.
(5) This section does not limit or affect the right to serve
any process, notice, or demand required or permitted by law
to be served upon a corporation in any other manner now or
hereafter permitted by law. [1989 c 165 § 43.]
23B.05.050
23B.05.050 Annual meeting of shareholders—Limitations—Terms of directors. A corporation registered
under the investment company act of 1940 that limits the
requirement to hold an annual meeting of shareholders in
accordance with RCW 23B.07.010(2) may include in its articles of incorporation or bylaws a provision establishing terms
of directors which terms may be longer than one year. [1994
c 256 § 31.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 23B.06
Chapter 23B.06 RCW
SHARES AND DISTRIBUTIONS
Sections
23B.06.010
23B.06.020
23B.06.030
23B.06.040
23B.06.200
23B.06.210
23B.06.220
23B.06.230
23B.06.240
23B.06.250
23B.06.260
23B.06.270
23B.06.280
23B.06.300
23B.06.310
23B.06.400
23B.06.010
Authorized shares.
Terms of class or series.
Issued and outstanding shares.
Fractional shares.
Subscription for shares before incorporation.
Issuance of shares.
Liability of shareholders.
Share dividends.
Share options.
Certificates.
Shares without certificates.
Restriction on transfer of shares and other securities.
Expense of issue.
Shareholders' preemptive rights.
Corporation's acquisition of its own shares.
Distributions to shareholders.
23B.06.010 Authorized shares. (1) The articles of
incorporation must prescribe the classes of shares and the
number of shares of each class that the corporation is authorized to issue.
(a) If more than one class of shares is authorized, the articles of incorporation must prescribe a distinguishing designation for each class, and, prior to the issuance of shares of a
class, the preferences, limitations, voting powers, and relative
rights of that class must be described in the articles of incorporation.
(2004 Ed.)
23B.06.020
(b) Preferences, limitations, voting powers, or relative
rights of or on any class or series of shares or the holders
thereof may be made dependent upon facts ascertainable outside the articles of incorporation, if the manner in which such
facts shall operate on the preferences, limitations, voting
powers, or relative rights of such class or series of shares or
the holders thereof is set forth in the articles of incorporation.
"Facts ascertainable outside the articles of incorporation"
includes, but is not limited to, the existence of any condition
or the occurrence of any event, including, without limitation,
a determination or action by any person or body, including
the corporation, its board of directors, or an officer,
employee, or agent of the corporation.
(c) All shares of a class must have preferences, limitations, voting powers, and relative rights identical with those
of other shares of the same class except to the extent otherwise permitted by (b) of this subsection or RCW 23B.06.020.
(2) The articles of incorporation must authorize (a) one
or more classes of shares that together have unlimited voting
rights, and (b) one or more classes of shares, which may be
the same class or classes as those with voting rights, that
together are entitled to receive the net assets of the corporation upon dissolution.
(3) The articles of incorporation may authorize one or
more classes of shares that:
(a) Have special, conditional, or limited voting rights, or
no right to vote, except to the extent prohibited by this title;
(b) Are redeemable or convertible as specified in the articles of incorporation (i) at the option of the corporation, the
shareholder, or another person or upon the occurrence of a
designated event, (ii) for cash, indebtedness, securities, or
other property, (iii) in a designated amount or in an amount
determined in accordance with a designated formula or by
reference to extrinsic data or events;
(c) Entitle the holders to distributions calculated in any
manner, including dividends that may be cumulative, noncumulative, or partially cumulative; or
(d) Have preference over any other class of shares with
respect to distributions, including dividends and distributions
upon the dissolution of the corporation.
(4) The description of the designations, preferences, limitations, and relative rights of share classes in subsection (3)
of this section is not exhaustive. [1998 c 104 § 1; 1989 c 165
§ 44.]
23B.06.020 Terms of class or series. (1) If the articles
of incorporation so provide, the board of directors may determine, in whole or part, the preferences, limitations, voting
powers, and relative rights, within the limits set forth in RCW
23B.06.010(1)(b) and this section of (a) any class of shares
before the issuance of any shares of that class, or (b) one or
more series within a class, and designate the number of
shares within that series, before the issuance of any shares of
that series.
(2) Each series of a class must be given a distinguishing
designation.
(3) All shares of a series must have preferences, limitations, voting powers, and relative rights identical with those
of other shares of the same series, except to the extent otherwise permitted by RCW 23B.06.010(1)(b). All shares of a
series must have preferences, limitations, voting powers, and
23B.06.020
[Title 23B RCW—page 15]
23B.06.030
Title 23B RCW: Washington Business Corporation Act
relative rights identical with those of shares of other series of
the same class, except to the extent otherwise provided in the
description of the series.
(4) Before issuing any shares of a class or series created
under this section, the corporation must deliver to the secretary of state for filing articles of amendment, which are effective without shareholder action, that set forth:
(a) The name of the corporation;
(b) The text of the amendment determining the terms of
the class or series of shares;
(c) The date it was adopted; and
(d) The statement that the amendment was duly adopted
by the board of directors.
(5) Unless the articles of incorporation provide otherwise, the board of directors may, after the issuance of shares
of a series whose number it is authorized to designate, amend
the resolution establishing the series to decrease, but not
below the number of shares of such series then outstanding,
the number of authorized shares of that series, by filing articles of amendment, which are effective without shareholder
action, in the manner provided in subsection (4) of this section. [1998 c 104 § 2; 1989 c 165 § 45.]
23B.06.030
23B.06.030 Issued and outstanding shares. (1) A corporation may issue the number of shares of each class or
series authorized by the articles of incorporation. Shares that
are issued are outstanding shares until they are reacquired,
redeemed, converted, or canceled.
(2) The reacquisition, redemption, or conversion of outstanding shares is subject to the limitations of subsection (4)
of this section and to RCW 23B.06.400.
(3) Redeemable shares are deemed to have been
redeemed and not entitled to vote after notice of redemption
is delivered to the holders in compliance with RCW
23B.01.410 and a sum sufficient to redeem the shares has
been deposited with a bank, trust company, or other financial
institution under an irrevocable obligation to pay the holders
the redemption price on surrender of the shares.
(4) At all times that shares of the corporation are outstanding, one or more shares that together have unlimited
voting rights and one or more shares that together are entitled
to receive the net assets of the corporation upon dissolution
must be outstanding. [2002 c 297 § 17; 1989 c 165 § 46.]
23B.06.040
23B.06.040 Fractional shares. (1) A corporation may:
(a) Issue fractions of a share or pay in money the value of
fractions of a share;
(b) Arrange for disposition of fractional shares by the
shareholders;
(c) Issue scrip in registered or bearer form entitling the
holder to receive a full share upon surrendering enough scrip
to equal a full share.
(2) Each certificate representing scrip must be conspicuously labeled "scrip" and must contain the information
required by RCW 23B.06.250(2).
(3) The holder of a fractional share is entitled to exercise
the rights of a shareholder, including the right to vote, to
receive dividends, and to participate in the assets of the corporation upon liquidation. The holder of scrip is not entitled
to any of these rights unless the scrip provides for them.
[Title 23B RCW—page 16]
(4) The board of directors may authorize the issuance of
scrip subject to any condition considered desirable, including:
(a) That the scrip will become void if not exchanged for
full shares before a specified date; and
(b) That the shares for which the scrip is exchangeable
may be sold and the proceeds paid to the scripholders. [1989
c 165 § 47.]
23B.06.200
23B.06.200 Subscription for shares before incorporation. (1) A written subscription for shares entered into
before incorporation is irrevocable for six months unless the
subscription agreement provides a longer or shorter period or
all the subscribers agree to revocation.
(2) The board of directors may determine the payment
terms of subscriptions for shares that were entered into before
incorporation, unless the subscription agreement specifies
them. A call for payment by the board of directors must be
uniform so far as practicable as to all shares of the same class
or series, unless the subscription agreement specifies otherwise.
(3) Shares issued pursuant to subscriptions entered into
before incorporation are fully paid and nonassessable when
the corporation receives the consideration specified in the
subscription agreement.
(4) If a subscriber defaults in payment of money or property under a subscription agreement entered into before
incorporation, the corporation may collect the amount owed
as any other debt. Alternatively, unless the subscription
agreement provides otherwise, the corporation may rescind
the agreement and may sell the shares if the debt remains
unpaid more than twenty days after the corporation sends
written demand for payment to the subscriber.
(5) A subscription agreement entered into after incorporation is a contract between the subscriber and the corporation subject to RCW 23B.06.210. [1989 c 165 § 48.]
23B.06.210
23B.06.210 Issuance of shares. (1) The powers granted
in this section to the board of directors may be reserved to the
shareholders by the articles of incorporation.
(2) Any issuance of shares must be authorized by the
board of directors. Shares may be issued for consideration
consisting of any tangible or intangible property or benefit to
the corporation, including cash, promissory notes, services
performed, contracts for services to be performed, or other
securities of the corporation.
(3) A good faith determination by the board of directors
that the consideration received or to be received for the shares
to be issued is adequate is conclusive insofar as the adequacy
of consideration relates to whether the shares are validly
issued, fully paid and nonassessable. When the board of
directors has made such a determination and the corporation
has received the consideration, the shares issued therefor are
fully paid and nonassessable.
(4) The corporation may place in escrow shares issued
for a contract for future services or benefits or a promissory
note, or make other arrangements to restrict the transfer of the
shares, and may credit distributions in respect to the shares
against their purchase price, until the services are performed,
the benefits are received, or the note is paid. If the services
(2004 Ed.)
Shares and Distributions
are not performed, the benefits are not received, or the note is
not paid, the shares escrowed or restricted and the distributions credited may be canceled in whole or part.
(5) Where it cannot be determined that outstanding
shares are fully paid and nonassessable, there shall be a conclusive presumption that such shares are fully paid and nonassessable if the board of directors makes a good faith determination that there is no substantial evidence that the full
consideration for such shares has not been paid. [1989 c 165
§ 49.]
23B.06.220
23B.06.220 Liability of shareholders. A purchaser
from a corporation of its own shares is not liable to the corporation or its creditors with respect to the shares except to pay
the consideration for which the shares were authorized to be
issued under RCW 23B.06.210 or specified in the subscription agreement under RCW 23B.06.200. [1989 c 165 § 50.]
23B.06.230
23B.06.230 Share dividends. (1) Unless the articles of
incorporation provide otherwise, shares may be issued pro
rata and without consideration to the corporation's shareholders or to the shareholders of one or more classes or series. An
issuance of shares under this subsection is a share dividend.
(2) Shares of one class or series may not be issued as a
share dividend in respect to shares of another class or series
unless (a) the articles of incorporation so authorize, (b) a
majority of the votes entitled to be cast by the class or series
to be issued approve the issue, or (c) there are no outstanding
shares of the class or series to be issued. [1989 c 165 § 51.]
23B.06.240
23B.06.240 Share options. (1) Unless the articles of
incorporation provide otherwise, a corporation may issue
rights, options, or warrants for the purchase of shares of the
corporation. The board of directors shall determine the terms
upon which the rights, options, or warrants are issued, their
form and content, and the terms and conditions relating to
their exercise, including the time or times, the conditions precedent, and the consideration for which and the holders by
whom the rights, options, or warrants may be exercised.
(2) The terms of rights, options, or warrants, including
the time or times, the conditions precedent, and the consideration for which and the holders by whom the rights, options,
or warrants may be exercised, as well as their duration (a)
may preclude or limit the exercise, transfer, or receipt of such
rights, options, or warrants or invalidate or void any rights,
options, or warrants and (b) may be made dependent upon
facts ascertainable outside the documents evidencing them or
outside the resolution or resolutions adopted by the board of
directors creating such rights, options, or warrants if the manner in which those facts operate on the rights, options, or warrants or the holders thereof is clearly set forth in the documents or the resolutions. "Facts ascertainable outside the documents evidencing them or outside the resolution or
resolutions adopted by the board of directors creating such
rights, options, or warrants" includes, but is not limited to, the
existence of any condition or the occurrence of any event,
including, without limitation, a determination or action by
any person or body, including the corporation, its board of
directors, or an officer, employee, or agent of the corporation.
[1998 c 104 § 3; 1989 c 165 § 52.]
(2004 Ed.)
23B.06.270
23B.06.250
23B.06.250 Certificates. (1) Shares may but need not
be represented by certificates. Unless this title or another statute expressly provides otherwise, the rights and obligations
of shareholders are identical whether or not their shares are
represented by certificates.
(2) At a minimum each share certificate must state on its
face:
(a) The name of the issuing corporation and that it is
organized under the laws of this state;
(b) The name of the person to whom issued; and
(c) The number and class of shares and the designation
of the series, if any, the certificate represents.
(3) If the issuing corporation is authorized to issue different classes of shares or different series within a class, the
designations, relative rights, preferences, and limitations
applicable to each class and the variations in rights, preferences, and limitations determined for each series, and the
authority of the board of directors to determine variations for
future series, must be summarized on the front or back of
each certificate. Alternatively, each certificate may state conspicuously on its front or back that the corporation will furnish the shareholder this information without charge on
request in writing.
(4) Each share certificate (a) must be signed, either manually or in facsimile, by two officers designated in the bylaws
or by the board of directors and (b) may bear the corporate
seal or its facsimile.
(5) If the person who signed, either manually or in facsimile, a share certificate no longer holds office when the certificate is issued, the certificate is nevertheless valid. [1989 c
165 § 53.]
23B.06.260
23B.06.260 Shares without certificates. (1) Unless the
articles of incorporation or bylaws provide otherwise, the
board of directors of a corporation may authorize the issue of
some or all of the shares of any or all of its classes or series
without certificates. The authorization does not affect shares
already represented by certificates until they are surrendered
to the corporation.
(2) Within a reasonable time after the issue or transfer of
shares without certificates, the corporation shall send the
shareholder a record containing the information required on
certificates by RCW 23B.06.250 (2) and (3), and, if applicable, RCW 23B.06.270. [2002 c 297 § 18; 1989 c 165 § 54.]
23B.06.270
23B.06.270 Restriction on transfer of shares and
other securities. (1) The articles of incorporation, bylaws,
an agreement among shareholders, or an agreement between
shareholders and the corporation may impose restrictions on
the transfer or registration of transfer of shares of the corporation. A restriction does not affect shares issued before the
restriction was adopted unless the holders of the shares are
parties to the restriction agreement or voted in favor of the
restriction.
(2) A restriction on the transfer or registration of transfer
of shares is valid and enforceable against the holder or a
transferee of the holder if the restriction is authorized by this
section and its existence is noted conspicuously on the front
or back of the certificate or is contained in the information
statement required by RCW 23B.06.260(2). Unless so noted,
[Title 23B RCW—page 17]
23B.06.280
Title 23B RCW: Washington Business Corporation Act
a restriction is not enforceable against a person without
knowledge of the restriction.
(3) A restriction on the transfer or registration of transfer
of shares is authorized:
(a) To maintain the corporation's status when it is dependent on the number or identity of its shareholders;
(b) To preserve exemptions under federal or state
securities law; or
(c) For any other reasonable purpose.
(4) A restriction on the transfer or registration of transfer
of shares may:
(a) Obligate the shareholder first to offer the corporation
or other persons, separately, consecutively, or simultaneously, an opportunity to acquire the restricted shares;
(b) Obligate the corporation or other persons, separately,
consecutively, or simultaneously, to acquire the restricted
shares;
(c) Require the corporation, the holders of any class of its
shares, or another person to approve the transfer of the
restricted shares, if the requirement is not manifestly unreasonable; or
(d) Prohibit the transfer of the restricted shares to designated persons or classes of persons, if the prohibition is not
manifestly unreasonable.
(5) For purposes of this section, "shares" includes a security convertible into or carrying a right to subscribe for or
acquire shares. [1989 c 165 § 55.]
23B.06.280
23B.06.280 Expense of issue. A corporation may pay
the expenses of selling or underwriting its shares, and of
organizing or reorganizing the corporation, from the consideration received for shares. [1989 c 165 § 56.]
23B.06.300
23B.06.300 Shareholders' preemptive rights. (1)
Unless the articles of incorporation provide otherwise, and
subject to the limitations in subsections (3) and (4) of this
section, the shareholders of a corporation have a preemptive
right, granted on uniform terms and conditions prescribed by
the board of directors to provide a fair and reasonable opportunity to exercise the right, to acquire proportional amounts
of the corporation's unissued shares upon the decision of the
board of directors to issue them.
(2) Unless the articles of incorporation provide otherwise, a shareholder may waive the shareholder's preemptive
right. A waiver evidenced by an executed record is irrevocable even though it is not supported by consideration.
(3) Unless the articles of incorporation provide otherwise, there is no preemptive right with respect to:
(a) Shares issued as compensation to directors, officers,
agents, or employees of the corporation, or its subsidiaries or
affiliates;
(b) Shares issued to satisfy conversion or option rights
created to provide compensation to directors, officers, agents,
or employees of the corporation, or its subsidiaries or affiliates;
(c) Shares issued pursuant to the corporation's initial
plan of financing; and
(d) Shares sold otherwise than for money.
(4) Unless the articles of incorporation provide otherwise:
[Title 23B RCW—page 18]
(a) Holders of shares of any class without general voting
rights but with preferential rights to distributions or assets
have no preemptive rights with respect to shares of any class;
and
(b) Holders of shares of any class with general voting
rights but without preferential rights to distributions or assets
have no preemptive rights with respect to shares of any class
with preferential rights to distributions or assets unless the
shares with preferential rights are convertible into or carry a
right to subscribe for or acquire shares without preferential
rights.
(5) Unless the articles of incorporation provide otherwise, shares subject to preemptive rights that are not acquired
by shareholders may be issued to any person for a period of
one year after being offered to shareholders at a consideration
set by the board of directors that is not lower than the consideration set for the exercise of preemptive rights. An offer at a
lower consideration or after the expiration of one year is subject to the shareholders' preemptive rights.
(6) For purposes of this section, "shares" includes a security convertible into or carrying a right to subscribe for or
acquire shares. [2002 c 297 § 19; 1989 c 165 § 57.]
23B.06.310
23B.06.310 Corporation's acquisition of its own
shares. (1) A corporation may acquire its own shares and
shares so acquired constitute authorized but unissued shares.
(2) If the articles of incorporation prohibit the reissue of
acquired shares, the number of authorized shares is reduced
by the number of shares acquired, effective upon amendment
of the articles of incorporation.
(3) The board of directors may adopt articles of amendment under this section without shareholder action and
deliver them to the secretary of state for filing. The articles
must set forth:
(a) The name of the corporation;
(b) The reduction in the number of authorized shares,
itemized by class and series; and
(c) The total number of authorized shares, itemized by
class and series, remaining after reduction of the shares.
[1989 c 165 § 58.]
23B.06.400
23B.06.400 Distributions to shareholders. (1) A
board of directors may authorize and the corporation may
make distributions to its shareholders subject to restriction by
the articles of incorporation and the limitation in subsection
(2) of this section.
(2) No distribution may be made if, after giving it effect:
(a) The corporation would not be able to pay its debts as
they become due in the usual course of business; or
(b) The corporation's total assets would be less than the
sum of its total liabilities plus, unless the articles of incorporation permit otherwise, the amount that would be needed, if
the corporation were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of
shareholders whose preferential rights are superior to those
receiving the distribution.
(3) For purposes of determinations under subsection (2)
of this section:
(a) The board of directors may base a determination that
a distribution is not prohibited under subsection (2) of this
(2004 Ed.)
Shareholders
section either on financial statements prepared on the basis
of accounting practices and principles that are reasonable in
the circumstances or on a fair valuation or other method that
is reasonable in the circumstances; and
(b) Indebtedness of a corporation, including indebtedness issued as a distribution, is not considered a liability if its
terms provide that payment of principal and interest are made
only if and to the extent that payment of a distribution to
shareholders could then be made under this section.
(4) The effect of a distribution under subsection (2) of
this section is measured:
(a) In the case of a distribution of indebtedness, the terms
of which provide that payment of principal and interest are
made only if and to the extent that payment of a distribution
to shareholders could then be made under this section, each
payment of principal or interest is treated as a distribution,
the effect of which is measured on the date the payment is
actually made; or
(b) In the case of any other distribution:
(i) If the distribution is by purchase, redemption, or other
acquisition of the corporation's shares, the effect of the distribution is measured as of the earlier of the date any money or
other property is transferred or debt incurred by the corporation, or the date the shareholder ceases to be a shareholder
with respect to the acquired shares;
(ii) If the distribution is of indebtedness other than that
described in subsection (4) (a) and (b)(i) of this section, the
effect of the distribution is measured as of the date the indebtedness is distributed; and
(iii) In all other cases, the effect of the distribution is
measured as of the date the distribution is authorized if payment occurs within one hundred twenty days after the date of
authorization, or the date the payment is made if it occurs
more than one hundred twenty days after the date of authorization.
(5) A corporation's indebtedness to a shareholder
incurred by reason of a distribution made in accordance with
this section is at parity with the corporation's indebtedness to
its general, unsecured creditors except to the extent provided
otherwise by agreement.
(6) In circumstances to which this section and related
sections of this title are applicable, such provisions supersede
the applicability of any other statutes of this state with respect
to the legality of distributions. [1990 c 178 § 10; 1989 c 165
§ 59.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
Chapter 23B.07
Chapter 23B.07 RCW
SHAREHOLDERS
Sections
23B.07.010
23B.07.020
23B.07.030
23B.07.040
23B.07.050
23B.07.060
23B.07.070
23B.07.080
23B.07.200
23B.07.210
23B.07.220
23B.07.230
(2004 Ed.)
Annual meeting.
Special meeting.
Court-ordered meeting.
Action without meeting.
Notice of meeting.
Waiver of notice.
Record date.
Shareholder participation by means of communication equipment.
Shareholders' list for meeting.
Voting entitlement of shares.
Proxies.
Shares held by nominees.
23B.07.020
23B.07.240
23B.07.250
23B.07.260
23B.07.270
23B.07.280
23B.07.300
23B.07.310
23B.07.320
Corporation's acceptance of votes.
Quorum and voting requirements.
Action by single and multiple voting groups.
Greater or lesser quorum or voting requirements.
Voting for directors—Cumulative voting.
Voting trusts.
Voting agreements.
Agreements among shareholders—Acquisition of shares after
agreement.
23B.07.400 Derivative proceedings procedure.
23B.07.010
23B.07.010 Annual meeting. (1) Except as provided in
subsections (2) and (5) of this section, a corporation shall
hold a meeting of shareholders annually for the election of
directors at a time stated in or fixed in accordance with the
bylaws.
(2)(a) If the articles of incorporation or the bylaws of a
corporation registered as an investment company under the
investment company act of 1940 so provide, the corporation
is not required to hold an annual meeting of shareholders in
any year in which the election of directors is not required by
the investment company act of 1940.
(b) If a corporation is required under (a) of this subsection to hold an annual meeting of shareholders to elect directors, the meeting shall be held no later than one hundred
twenty days after the occurrence of the event requiring the
meeting.
(3) Annual shareholders' meetings may be held in or out
of this state at the place stated in or fixed in accordance with
the bylaws. If no place is stated in or fixed in accordance with
the bylaws, annual meetings shall be held at the corporation's
principal office.
(4) The failure to hold an annual meeting at the time
stated in or fixed in accordance with a corporation's bylaws
does not affect the validity of any corporate action.
(5) Shareholders may act by consent set forth in a record
to elect directors as permitted by RCW 23B.07.040 in lieu of
holding an annual meeting. [2002 c 297 § 20; 1994 c 256 §
28; 1989 c 165 § 60.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
23B.07.020
23B.07.020 Special meeting. (1) A corporation shall
hold a special meeting of shareholders:
(a) On call of its board of directors or the person or persons authorized to do so by the articles of incorporation or
bylaws; or
(b) Except as set forth in subsections (2) and (3) of this
section, if the holders of at least ten percent of all the votes
entitled to be cast on any issue proposed to be considered at
the proposed special meeting deliver to the corporation's secretary one or more demands set forth in an executed and
dated record for the meeting describing the purpose or purposes for which it is to be held, which demands shall be set
forth either (i) in an executed record or (ii) if the corporation
has designated an address, location, or system to which the
demands may be electronically transmitted and the demands
are electronically transmitted to that designated address,
location, or system, in an executed electronically transmitted
record.
(2) The right of shareholders of a public company to call
a special meeting may be limited or denied to the extent provided in the articles of incorporation.
[Title 23B RCW—page 19]
23B.07.030
Title 23B RCW: Washington Business Corporation Act
(3) If the corporation is other than a public company, the
articles or bylaws may require the demand specified in subsection (1)(b) of this section be made by a greater percentage,
not in excess of twenty-five percent, of all the votes entitled
to be cast on any issue proposed to be considered at the proposed special meeting.
(4) If not otherwise fixed under RCW 23B.07.030 or
23B.07.070, the record date for determining shareholders
entitled to demand a special meeting is the date of delivery of
the first shareholder demand in compliance with subsection
(1) of this section.
(5) Special shareholders' meetings may be held in or out
of this state at the place stated in or fixed in accordance with
the bylaws. If no place is stated or fixed in accordance with
the bylaws, special meetings shall be held at the corporation's
principal office.
(6) Only business within the purpose or purposes
described in the meeting no tice r equired by RCW
23B.07.050(3) may be conducted at a special shareholders'
meeting. [2002 c 297 § 21; 1989 c 165 § 61.]
23B.07.030
23B.07.030 Court-ordered meeting. (1) The superior
court of the county in which the corporation's registered
office is located may, after notice to the corporation, summarily order a meeting to be held:
(a) On application of any shareholder of the corporation
entitled to vote in the election of directors at an annual meeting, if an annual meeting was not held within the earlier of six
months after the end of the corporation's fiscal year or fifteen
months after its last annual meeting or action by consent in
lieu of such a meeting; or
(b) On application of a shareholder who executed a
demand for a special meeting valid under RCW 23B.07.020,
if:
(i) Notice of the special meeting was not given within
thirty days after the date the demand was delivered to the corporation's secretary; or
(ii) The special meeting was not held in accordance with
the notice.
(2) The court may, after notice to the corporation, fix the
time and place of the meeting, determine the shares and
shareholders entitled to participate in the meeting, specify a
record date for determining shareholders entitled to notice of
and to vote at the meeting, prescribe the manner, form, and
content of the meeting notice, fix the quorum required for
specific matters to be considered at the meeting, or direct that
the votes represented at the meeting constitute a quorum for
action on those matters, and enter other orders necessary to
accomplish the purpose or purposes of the meeting. [2002 c
297 § 22; 1989 c 165 § 62.]
23B.07.040
23B.07.040 Action without meeting. (1)(a) Action
required or permitted by this title to be taken at a shareholders' meeting may be taken without a meeting or a vote if
either:
(i) The action is taken by all shareholders entitled to vote
on the action; or
(ii) The action is taken by shareholders holding of record
or otherwise entitled to vote in the aggregate not less than the
minimum number of votes that would be necessary to autho[Title 23B RCW—page 20]
rize or take such action at a meeting at which all shares entitled to vote on the action were present and voted, and at the
time the action is taken the corporation is not a public company and is authorized to take such action under this subsection (1)(a)(ii) by a general or limited authorization contained
in its articles of incorporation.
(b) The taking of action by shareholders without a meeting or vote must be evidenced by one or more consents, each
in the form of a record describing the action taken, executed
by shareholders holding of record or otherwise entitled to
vote in the aggregate not less than the minimum number of
votes necessary in order to take such action by consent under
(a)(i) or (ii) of this subsection, and delivered to the corporation for inclusion in the minutes or filing with the corporate
records, which consent shall be set forth either (i) in an executed record or (ii) if the corporation has designated an
address, location, or system to which the consent may be
electronically transmitted and the consent is electronically
transmitted to the designated address, location, or system, in
an executed electronically transmitted record.
(2) If not otherwise fixed under RCW 23B.07.030 or
23B.07.070, the record date for determining shareholders
entitled to take action without a meeting is the date on which
the first shareholder consent is executed under subsection (1)
of this section. Every consent shall bear the date of execution
of each shareholder who executes the consent. A consent is
not effective to take the action referred to in the consent
unless, within sixty days of the earliest dated consent delivered to the corporation, consents executed by a sufficient
number of shareholders to take action are delivered to the
corporation.
(3) A shareholder may withdraw consent only by delivering a notice of withdrawal in the form of a record to the corporation prior to the time when consents sufficient to authorize taking the action have been delivered to the corporation.
(4) Unless the shareholder consent specifies a later effective date, action taken under this section is effective when:
(a) Consents sufficient to authorize taking the action have
been delivered to the corporation; and (b) the period of
advance notice required by the corporation's articles of incorporation to be given to any nonconsenting shareholders has
been satisfied.
(5) A consent executed under this section has the effect
of a meeting vote and may be described as such in any record,
except that, if the action requires the filing of a certificate
under any other section of this title, the certificate so filed
shall state, in lieu of any statement required by that section
concerning any vote of shareholders, that consent has been
obtained in accordance with this section and that notice to
any nonconsenting shareholders has been given as provided
in this section.
(6) Notice of the taking of action by shareholders without a meeting by less than unanimous consent of all shareholders entitled to vote on the action shall be given, before
the date on which the action becomes effective, to those
shareholders entitled to vote on the action who have not consented and, if this title would otherwise require that notice of
a meeting of shareholders to consider the action be given to
nonvoting shareholders, to all nonvoting shareholders of the
corporation. The general or limited authorization in the corporation's articles of incorporation authorizing shareholder
(2004 Ed.)
Shareholders
action by less than unanimous consent shall specify the
amount and form of notice required to be given to nonconsenting shareholders before the effective date of the action. In
the case of action of a type that would constitute a significant
business transaction under RCW 23B.19.020(15), the notice
shall be given no fewer than twenty days before the effective
date of the action. The notice shall be in the form of a record
and shall contain or be accompanied by the same material
that, under this title, would have been required to be delivered
to nonconsenting or nonvoting shareholders in a notice of
meeting at which the proposed action would have been submitted for shareholder action. If the action taken is of a type
that would entitle shareholders to exercise dissenters' rights
under RCW 23B.13.020(1), then the notice must comply with
RCW 23B.13.220(2), RCW 23B.13.210 shall not apply, and
all shareholders who have not executed the consent taking the
action are entitled to receive the notice, demand payment
under RCW 23B.13.230, and assert other dissenters' rights as
prescribed in chapter 23B.13 RCW. [2002 c 297 § 23; 1997
c 19 § 2; 1991 c 72 § 33; 1989 c 165 § 63.]
23B.07.050
23B.07.050 Notice of meeting. (1) A corporation shall
notify shareholders of the date, time, and place of each annual
and special shareholders' meeting. Such notice shall be given
no fewer than ten nor more than sixty days before the meeting
date, except that notice of a shareholders' meeting to act on an
amendment to the articles of incorporation, a plan of merger
or share exchange, a proposed sale of assets pursuant to RCW
23B.12.020, or the dissolution of the corporation shall be
given no fewer than twenty nor more than sixty days before
the meeting date. Unless this title or the articles of incorporation require otherwise, the corporation is required to give
notice only to shareholders entitled to vote at the meeting.
(2) Unless this title or the articles of incorporation
require otherwise, notice of an annual meeting need not
include a description of the purpose or purposes for which the
meeting is called.
(3) Notice of a special meeting must include a description of the purpose or purposes for which the meeting is
called.
(4) Unless the bylaws require otherwise, if an annual or
special shareholders' meeting is adjourned to a different date,
time, or place, notice need not be given of the new date, time,
or place if the new date, time, or place is announced at the
meeting before adjournment. If a new record date for the
adjourned meeting is or must be fixed under RCW
23B.07.070, however, notice of the adjourned meeting must
be given under this section to persons who are shareholders
as of the new record date. [1989 c 165 § 64.]
23B.07.060
23B.07.060 Waiver of notice. (1) A shareholder may
waive any notice required by this title, the articles of incorporation, or bylaws before or after the date and time of the meeting that is the subject of such notice, or in the case of notice
required by RCW 23B.07.040(6), before or after the action to
be taken by executed consent is effective. Except as provided
by subsections (2) and (3) of this section, the waiver must be
delivered by the shareholder entitled to notice to the corporation for inclusion in the minutes or filing with the corporate
records, which waiver shall be set forth either (a) in an exe(2004 Ed.)
23B.07.080
cuted and dated record or (b) if the corporation has designated an address, location, or system to which the waiver may
be electronically transmitted and the waiver is electronically
transmitted to the designated address, location, or system, in
an executed and dated electronically transmitted record.
(2) A shareholder's attendance at a meeting waives
objection to lack of notice or defective notice of the meeting,
unless the shareholder at the beginning of the meeting objects
to holding the meeting or transacting business at the meeting.
(3) A shareholder waives objection to consideration of a
particular matter at a meeting that is not within the purpose or
purposes described in the meeting notice, unless the shareholder objects to considering the matter when it is presented.
[2002 c 297 § 24; 1991 c 72 § 34; 1989 c 165 § 65.]
23B.07.070
23B.07.070 Record date. (1) The bylaws may fix or
provide the manner of fixing the record date for one or more
voting groups in order to determine the shareholders entitled
to notice of a shareholders' meeting, to demand a special
meeting, to vote, or to take any other action. If the bylaws do
not fix or provide for fixing a record date, the board of directors of the corporation may fix a future date as the record
date.
(2) If not otherwise fixed under subsection (1) of this
section or RCW 23B.07.030, the record date for determining
shareholders entitled to notice of and to vote at an annual or
special shareholders' meeting is the day before the first notice
is delivered to shareholders.
(3) If the board of directors does not fix the record date
for determining shareholders entitled to a share dividend, it is
the date the board of directors authorizes the share dividend.
(4) If the board of directors does not fix the record date
for determining shareholders entitled to a distribution, other
than one involving a purchase, redemption, or other acquisition of the corporation's shares, it is the date the board of
directors authorizes the distribution.
(5) A record date fixed under this section may not be
more than seventy days before the meeting or action requiring a determination of shareholders.
(6) A determination of shareholders entitled to notice of
or to vote at a shareholders' meeting is effective for any
adjournment of the meeting unless the board of directors
fixes a new record date, which it must do if the meeting is
adjourned to a date more than one hundred twenty days after
the date fixed for the original meeting.
(7) If a court orders a meeting adjourned to a date more
than one hundred twenty days after the date fixed for the original meeting, it may provide that the original record date continues in effect or it may fix a new record date. [1989 c 165
§ 66.]
23B.07.080
23B.07.080 Shareholder participation by means of
communication equipment. If the articles of incorporation
or bylaws so provide, shareholders may participate in any
meeting of shareholders by any means of communication by
which all persons participating in the meeting can hear each
other during the meeting. A shareholder participating in a
meeting by this means is deemed to be present in person at
the meeting. [1989 c 165 § 67.]
[Title 23B RCW—page 21]
23B.07.200
Title 23B RCW: Washington Business Corporation Act
23B.07.200 Shareholders' list for meeting. (1) After
fixing a record date for a meeting, a corporation shall prepare
an alphabetical list of the names of all its shareholders on the
record date who are entitled to notice of a shareholders' meeting. The list must be arranged by voting group, and within
each voting group by class or series of shares, and show the
address of and number of shares held by each shareholder.
(2) The shareholders' list must be available for inspection by any shareholder, beginning ten days prior to the meeting and continuing through the meeting, at the corporation's
principal office or at a place identified in the meeting notice
in the city where the meeting will be held. A shareholder, the
shareholder's agent, or the shareholder's attorney is entitled to
inspect the list, during regular business hours and at the
shareholder's expense, during the period it is available for
inspection.
(3) The corporation shall make the shareholders' list
available at the meeting, and any shareholder, the shareholder's agent, or the shareholder's attorney is entitled to
inspect the list at any time during the meeting or any adjournment.
(4) If the corporation refuses to allow a shareholder, the
shareholder's agent, or the shareholder's attorney to inspect
the shareholders' list before or at the meeting, the superior
court of the county where a corporation's principal office, or,
if none in this state, its registered office, is located, on application of the shareholder, may summarily order the inspection at the corporation's expense and may postpone the meeting for which the list was prepared until the inspection is
complete.
(5) A shareholder's right to copy the shareholders' list,
and a shareholder's right to otherwise inspect and copy the
record of shareholders, is governed by RCW 23B.16.020(3).
(6) Refusal or failure to prepare or make available the
shareholders' list does not affect the validity of action taken at
the meeting. [1989 c 165 § 68.]
23B.07.200
23B.07.210
23B.07.210 Voting entitlement of shares. (1) Except
as provided in subsections (2) and (3) of this section or unless
the articles of incorporation provide otherwise, each outstanding share, regardless of class, is entitled to one vote on
each matter voted on at a shareholders' meeting. Only shares
are entitled to vote.
(2) The shares of a corporation are not entitled to vote if
they are owned, directly or indirectly, by a second corporation, domestic or foreign, and the first corporation owns,
directly or indirectly, a majority of the shares entitled to vote
for directors of the second corporation.
(3) Subsection (2) of this section does not limit the
power of a corporation to vote any shares, including its own
shares, held by it in a fiduciary capacity. [1989 c 165 § 69.]
23B.07.220
23B.07.220 Proxies. (1) A shareholder may vote the
shareholder's shares in person or by proxy.
(2) A shareholder or the shareholder's agent or attorneyin-fact may appoint a proxy to vote or otherwise act for the
shareholder by:
(a) Executing a writing authorizing another person or
persons to act for the shareholder as proxy. Execution may be
accomplished by the shareholder or the shareholder's authorized officer, director, employee, or agent signing the writing
[Title 23B RCW—page 22]
or causing his or her signature to be affixed to the writing by
any reasonable means including, but not limited to, by facsimile signature; or
(b) Authorizing another person or persons to act for the
shareholder as proxy by transmitting or authorizing the transmission of a recorded telephone call, voice mail, or other
electronic transmission to the person who will be the holder
of the proxy or to a proxy solicitation firm, proxy support service organization, or like agent duly authorized by the person
who will be the holder of the proxy to receive the transmission, provided that the transmission must either set forth or be
submitted with information, including any security or validation controls used, from which it can reasonably be determined that the transmission was authorized by the shareholder. If it is determined that the transmission is valid, the
inspectors of election or, if there are no inspectors, any
officer or agent of the corporation making that determination
on behalf of the corporation shall specify the information
upon which they relied. The corporation shall require the
holders of proxies received by transmission to provide to the
corporation copies of the transmission and the corporation
shall retain copies of the transmission for a reasonable period
of time after the election provided that they are retained for at
least sixty days.
(3) An appointment of a proxy is effective when a signed
appointment form or telegram, cablegram, recorded telephone call, voice mail, or other transmission of the appointment is received by the inspectors of election or the officer or
agent of the corporation authorized to tabulate votes. An
appointment is valid for eleven months unless a longer period
is expressly provided in the appointment.
(4) An appointment of a proxy is revocable by the shareholder unless the appointment indicates that it is irrevocable
and the appointment is coupled with an interest. Appointments coupled with an interest include the appointment of:
(a) A pledgee;
(b) A person who purchased or agreed to purchase the
shares;
(c) A creditor of the corporation who extended it credit
under terms requiring the appointment;
(d) An employee of the corporation whose employment
contract requires the appointment; or
(e) A party to a voting agreement created under RCW
23B.07.310.
(5) The death or incapacity of the shareholder appointing
a proxy does not affect the right of the corporation to accept
the proxy's authority unless notice of the death or incapacity
is received by the officer or agent of the corporation authorized to tabulate votes before the proxy exercises the proxy's
authority under the appointment.
(6) An appointment made irrevocable under subsection
(4) of this section is revoked when the interest with which it
is coupled is extinguished.
(7) A transferee for value of shares subject to an irrevocable appointment may revoke the appointment if the transferee did not know of its existence when the transferee
acquired the shares and the existence of the irrevocable
appointment was not noted conspicuously on the certificate
representing the shares or on the information statement for
shares without certificates.
(2004 Ed.)
Shareholders
(8) Subject to RCW 23B.07.240 and to any express limitation on the proxy's authority stated in the appointment
form or recorded telephone call, voice mail, or other electronic transmission, a corporation is entitled to accept the
proxy's vote or other action as that of the shareholder making
the appointment.
(9) For the purposes of this section only, "sign" or "signature" includes any manual, facsimile, conformed, or electronic signature. [2002 c 297 § 25; 2000 c 168 § 2; 1989 c
165 § 70.]
23B.07.230
23B.07.230 Shares held by nominees. (1) A corporation may establish a procedure by which the beneficial owner
of shares that are registered in the name of a nominee is recognized by the corporation as the shareholder. The extent of
this recognition may be determined in the procedure.
(2) The procedure may set forth:
(a) The types of nominees to which it applies;
(b) The rights or privileges that the corporation recognizes in a beneficial owner;
(c) The manner in which the procedure is selected by the
nominee;
(d) The information that must be provided when the procedure is selected;
(e) The period for which selection of the procedure is
effective; and
(f) Other aspects of the rights and duties created. [1989
c 165 § 71.]
23B.07.240
23B.07.240 Corporation's acceptance of votes. (1) If
the name executed on a vote, consent, waiver, or proxy
appointment corresponds to the name of a shareholder, the
corporation, if acting in good faith, is entitled to accept the
vote, consent, waiver, or proxy appointment and give it effect
as the act of the shareholder.
(2) If the name executed on a vote, consent, waiver, or
proxy appointment does not correspond to the name of its
shareholder, the corporation, if acting in good faith, is nevertheless entitled to accept the vote, consent, waiver, or proxy
appointment and give it effect as the act of the shareholder if:
(a) The shareholder is an entity and the name executed
purports to be that of an officer, partner, or agent of the entity;
(b) The name executed purports to be that of an administrator, executor, guardian, or conservator representing the
shareholder and, if the corporation requests, evidence of fiduciary status acceptable to the corporation has been presented
with respect to the vote, consent, waiver, or proxy appointment;
(c) The name executed purports to be that of a receiver or
trustee in bankruptcy of the shareholder and, if the corporation requests, evidence of this status acceptable to the corporation has been presented with respect to the vote, consent,
waiver, or proxy appointment;
(d) The name executed purports to be that of a pledgee,
beneficial owner, or attorney-in-fact of the shareholder and,
if the corporation requests, evidence acceptable to the corporation of the signatory's authority to sign for the shareholder
has been presented with respect to the vote, consent, waiver,
or proxy appointment; or
(2004 Ed.)
23B.07.260
(e) Two or more persons are the shareholder as cotenants
or fiduciaries and the name executed purports to be the name
of at least one of the coowners and the person signing appears
to be acting on behalf of all the coowners.
(3) The corporation is entitled to reject a vote, consent,
waiver, or proxy appointment if the secretary or other officer
or agent authorized to tabulate votes, acting in good faith, has
reasonable basis for doubt about the validity of its execution.
(4) The corporation and its officer or agent who accepts
or rejects a vote, consent, waiver, or proxy appointment in
good faith and in accordance with the standards of this section or RCW 23B.07.220(2) are not liable in damages to the
shareholder for the consequences of the acceptance or rejection.
(5) Corporate action based on the acceptance or rejection
of a vote, consent, waiver, or proxy appointment under this
section, or RCW 23B.07.220(2) is valid unless a court of
competent jurisdiction determines otherwise. [2002 c 297 §
26; 2000 c 168 § 3; 1989 c 165 § 72.]
23B.07.250
23B.07.250 Quorum and voting requirements. (1)
Shares entitled to vote as a separate voting group may take
action on a matter at a meeting only if a quorum of those
shares exists with respect to that matter. Unless the articles of
incorporation or this title provide otherwise, a majority of the
votes entitled to be cast on the matter by the voting group
constitutes a quorum of that voting group for action on that
matter.
(2) Once a share is represented for any purpose at a meeting other than solely to object to holding the meeting or transacting business at the meeting, it is deemed present for quorum purposes for the remainder of the meeting and for any
adjournment of that meeting unless a new record date is or
must be set for that adjourned meeting.
(3) If a quorum exists, action on a matter, other than the
election of directors, is approved by a voting group if the
votes cast within the voting group favoring the action exceed
the votes cast within the voting group opposing the action,
unless the articles of incorporation or this title require a
greater number of affirmative votes.
(4) An amendment of articles of incorporation adding,
changing, or deleting either (i) a quorum for a voting group
greater or lesser than specified in subsection (1) of this section, or (ii) a voting requirement for a voting group greater
than specified in subsection (3) of this section, is governed by
RCW 23B.07.270.
(5) The election of directors is governed by RCW
23B.07.280. [1989 c 165 § 73.]
23B.07.260
23B.07.260 Action by single and multiple voting
groups. (1) If the articles of incorporation or this title provide for voting on a matter by all shares entitled to vote
thereon, voting together as a single voting group and do not
provide for separate voting by any other voting group or
groups with respect to that matter, action on that matter is
taken when voted upon by that single voting group as provided in RCW 23B.07.250.
(2) If the articles of incorporation or this title provide for
voting by two or more voting groups on a matter, action on
that matter is taken only when voted upon by each of those
[Title 23B RCW—page 23]
23B.07.270
Title 23B RCW: Washington Business Corporation Act
voting groups as provided in RCW 23B.07.250. [2003 c 35 §
2; 1989 c 165 § 74.]
23B.07.270
23B.07.270 Greater or lesser quorum or voting
requirements. (1) The articles of incorporation may provide
for a greater or lesser quorum, but not less than one-third of
the votes entitled to be cast, for shareholders, or voting
groups of shareholders, than is provided for by this title.
(2) The articles of incorporation may provide for a
greater voting requirement for shareholders, or voting groups
of shareholders, than is provided for by this title.
(3) Under RCW 23B.10.030, 23B.11.030, 23B.12.020,
and 23B.14.020, the articles of incorporation may provide for
a lesser vote than is otherwise prescribed in those sections or
for a lesser vote by separate voting groups, so long as the vote
provided for each voting group entitled to vote separately on
the plan or transaction is not less than a majority of all the
votes entitled to be cast on the plan or transaction by that voting group.
(4) Except as provided in subsection (5) of this section,
an amendment to the articles of incorporation that adds,
changes, or deletes a greater or lesser quorum or voting
requirement for a particular corporate action must meet the
same quorum requirement and be adopted by the same vote
and voting groups required to take action under the quorum
and voting requirements then in effect for the corporate
action.
(5) An amendment to the articles of incorporation that
adds, changes, or deletes a greater or lesser quorum or voting
requirement for a merger, share exchange, sale of substantially all assets, or dissolution must be adopted by the same
vote and voting groups required to take action under the quorum and voting requirements then in effect for the particular
corporate action, or the quorum and voting requirements then
in effect for amendments to articles of incorporation, whichever is greater. [1990 c 178 § 11; 1989 c 165 § 75.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.07.280
23B.07.280 Voting for directors—Cumulative voting. (1) Unless otherwise provided in the articles of incorporation, shareholders entitled to vote at any election of directors are entitled to cumulate votes by multiplying the number
of votes they are entitled to cast by the number of directors
for whom they are entitled to vote and to cast the product for
a single candidate or distribute the product among two or
more candidates.
(2) Unless otherwise provided in the articles of incorporation, in any election of directors the candidates elected are
those receiving the largest numbers of votes cast by the
shares entitled to vote in the election, up to the number of
directors to be elected by such shares. [1989 c 165 § 76.]
23B.07.300
23B.07.300 Voting trusts. (1) One or more shareholders may create a voting trust, conferring on a trustee the right
to vote or otherwise act for them, by signing an agreement
setting out the provisions of the trust, which may include anything consistent with its purpose, and transferring their shares
to the trustee. When a voting trust agreement is signed, the
trustee shall prepare a list of the names and addresses of all
owners of beneficial interests in the trust, together with the
[Title 23B RCW—page 24]
number and class of shares each owner of a beneficial interest
transferred to the trust, and deliver copies of the list and
agreement to the corporation's principal office.
(2) A voting trust becomes effective on the date the first
shares subject to the trust are registered in the trustee's name.
A voting trust is valid for not more than ten years after its
effective date unless extended under subsection (3) of this
section.
(3) All or some of the parties to a voting trust may extend
it for additional terms of not more than ten years each by
signing an extension agreement and obtaining the voting
trustee's written consent to the extension. An extension is
valid only until the earlier of ten years from the date the first
shareholder signs the extension agreement or the date of
expiration of the extension. The voting trustee must deliver
copies of the extension agreement and list of beneficial owners to the corporation's principal office. An extension agreement binds only those parties signing it. [1989 c 165 § 77.]
23B.07.310
23B.07.310 Voting agreements. (1) Two or more
shareholders may provide for the manner in which they will
vote their shares by signing an agreement for that purpose. A
voting agreement created under this section is not subject to
the provisions of RCW 23B.07.300.
(2) A voting agreement created under this section is specifically enforceable. [1989 c 165 § 78.]
23B.07.320
23B.07.320 Agreements among shareholders—
Acquisition of shares after agreement. (1) An agreement
among the shareholders of a corporation that is not contrary
to public policy and that complies with this section is effective among the shareholders and the corporation even though
it is inconsistent with one or more other provisions of this
title in that it:
(a) Eliminates the board of directors or restricts the discretion or powers of the board of directors;
(b) Governs the authorization or making of distributions
whether or not in proportion to ownership of shares, subject
to the limitations in RCW 23B.06.400;
(c) Establishes who shall be directors or officers of the
corporation, or their terms of office or manner of selection or
removal;
(d) Governs, in general or in regard to specific matters,
the exercise or division of voting power by or between the
shareholders and directors or by or among any of them,
including use of weighted voting rights or director proxies;
(e) Establishes the terms and conditions of any agreement for the transfer or use of property or the provision of
services between the corporation and any shareholder, director, officer, or employee of the corporation or among any of
them;
(f) Transfers to one or more shareholders or other persons all or part of the authority to exercise the corporate powers or to manage the business and affairs of the corporation;
(g) Provides a process by which a deadlock among directors or shareholders may be resolved;
(h) Requires dissolution of the corporation at the request
of one or more shareholders or upon the occurrence of a specified event or contingency; or
(2004 Ed.)
Directors and Officers
(i) Otherwise governs the exercise of the corporate powers or the management of the business and affairs of the corporation or the relationship among the shareholders, the
directors, and the corporation, or among any of them.
(2) An agreement authorized by this section shall be:
(a) Set forth in a written agreement that is signed by all
persons who are shareholders at the time of the agreement
and is made known to the corporation;
(b) Subject to amendment only by all persons who are
shareholders at the time of the amendment, unless the agreement provides otherwise; and
(c) Valid for ten years, unless the agreement provides
otherwise.
(3) The existence of an agreement authorized by this section shall be noted conspicuously on the front or back of each
certificate for outstanding shares or on the information statement required by RCW 23B.06.260(2). If at the time of the
agreement the corporation has shares outstanding represented
by certificates, the corporation shall recall the outstanding
certificates and issue substitute certificates that comply with
this subsection. The failure to note the existence of the agreement on the certificate or information statement shall not
affect the validity of the agreement or any action taken pursuant to it. Unless the agreement provides otherwise, any person who acquires outstanding or newly issued shares in the
corporation after an agreement authorized by this section has
been effected, whether by purchase, gift, operation of law, or
otherwise, is deemed to have assented to the agreement and
to be a party to the agreement. A purchaser of shares who is
aggrieved because he or she at the time of purchase did not
have actual or constructive knowledge of the existence of the
agreement may either: (a) Bring an action to rescind the purchase within the earlier of ninety days after discovery of the
existence of the agreement or two years after the purchase of
the shares; or (b) continue to hold the shares subject to the
agreement but with a right of action for any damages resulting from nondisclosure of the existence of the agreement. A
purchaser shall be deemed to have constructive knowledge of
the existence of the agreement if its existence is noted on the
certificate or information statement for the shares in compliance with this subsection and, if the shares are not represented by a certificate, the information statement is delivered
to the purchaser at or prior to the time of purchase of the
shares.
(4) An agreement authorized by this section shall cease
to be effective when shares of the corporation are listed on a
national securities exchange or regularly traded in a market
maintained by one or more members of a national or affiliated securities association.
(5) An agreement authorized by this section that limits
the discretion or powers of the board of directors shall relieve
the directors of, and impose upon the person or persons in
whom such discretion or powers are vested, liability for acts
or omissions imposed by law on directors to the extent that
the discretion or powers of the directors are limited by the
agreement.
(6) The existence or performance of an agreement authorized by this section shall not be a ground for imposing personal liability on any shareholder for the acts or debts of the
corporation even if the agreement or its performance treats
the corporation as if it were a partnership or results in failure
(2004 Ed.)
Chapter 23B.08
to observe the corporate formalities otherwise applicable to
the matters governed by the agreement.
(7) Incorporators or subscribers for shares may act as
shareholders with respect to an agreement authorized by this
section if no shares have been issued when the agreement is
made. [1995 c 47 § 6; 1993 c 290 § 4.]
23B.07.400
23B.07.400 Derivative proceedings procedure. (1) A
person may not commence a proceeding in the right of a
domestic or foreign corporation unless the person was a
shareholder of the corporation when the transaction complained of occurred or unless the person became a shareholder through transfer by operation of law from one who
was a shareholder at that time.
(2) A complaint in a proceeding brought in the right of a
corporation must be verified and allege with particularity the
demand made, if any, to obtain action by the board of directors and either that the demand was refused or ignored or why
a demand was not made. Whether or not a demand for action
was made, if the corporation commences an investigation of
the charges made in the demand or complaint, the court may
stay any proceeding until the investigation is completed.
(3) A proceeding commenced under this section may not
be discontinued or settled without the court's approval. If the
court determines that a proposed discontinuance or settlement will substantially affect the interest of the corporation's
shareholders or a class of shareholders, the court shall direct
that notice be given to the shareholders affected.
(4) On termination of the proceeding the court may
require the plaintiff to pay any defendant's reasonable
expenses, including counsel fees, incurred in defending the
proceeding if it finds that the proceeding was commenced
without reasonable cause.
(5) For purposes of this section, "shareholder" includes a
beneficial owner whose shares are held in a voting trust or
held by a nominee on behalf of the beneficial owner. [1989 c
165 § 79.]
Chapter 23B.08
Chapter 23B.08 RCW
DIRECTORS AND OFFICERS
Sections
23B.08.010
23B.08.020
23B.08.030
23B.08.040
23B.08.050
23B.08.060
23B.08.070
23B.08.080
23B.08.090
23B.08.100
23B.08.110
23B.08.200
23B.08.210
23B.08.220
23B.08.230
23B.08.240
23B.08.250
23B.08.300
23B.08.310
23B.08.320
23B.08.400
23B.08.410
23B.08.420
23B.08.430
23B.08.440
Requirement for and duties of board of directors.
Qualifications of directors.
Number and election of directors.
Election of directors by certain classes or series of shares.
Terms of directors—Generally.
Staggered terms for directors.
Resignation of directors.
Removal of directors by shareholders.
Removal of directors by judicial proceeding.
Vacancy on board of directors.
Compensation of directors.
Meetings and action of the board.
Action without meeting.
Notice of meeting.
Waiver of notice.
Quorum and voting.
Committees.
General standards for directors.
Liability for unlawful distributions.
Limitation on liability of directors.
Officers.
Duties of officers.
Standards of conduct for officers.
Resignation and removal of officers.
Contract rights of officers.
[Title 23B RCW—page 25]
23B.08.010
23B.08.500
23B.08.510
23B.08.520
23B.08.530
23B.08.540
23B.08.550
23B.08.560
23B.08.570
23B.08.580
23B.08.590
23B.08.600
23B.08.700
23B.08.710
23B.08.720
23B.08.730
Title 23B RCW: Washington Business Corporation Act
Indemnification definitions.
Authority to indemnify.
Mandatory indemnification.
Advance for expenses.
Court-ordered indemnification.
Determination and authorization of indemnification.
Shareholder authorized indemnification and advancement of
expenses.
Indemnification of officers, employees, and agents.
Insurance.
Validity of indemnification or advance for expenses.
Report to shareholders.
Definitions.
Judicial action.
Directors' action.
Shareholders' action.
(a) their terms are staggered under RCW 23B.08.060, or (b)
their terms are otherwise governed by RCW 23B.05.050.
(3) A decrease in the number of directors does not
shorten an incumbent director's term.
(4) The term of a director elected to fill a vacancy expires
at the next shareholders' meeting at which directors are
elected.
(5) Despite the expiration of a director's term, the director continues to serve until the director's successor is elected
and qualified or until there is a decrease in the number of
directors. [1994 c 256 § 30; 1989 c 165 § 84.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
23B.08.010 Requirement for and duties of board of
directors. (1) Except as provided in subsection (3) of this
section, each corporation must have a board of directors.
(2) All corporate powers shall be exercised by or under
the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors,
subject to any limitation set forth in the articles of incorporation.
(3) A corporation may dispense with or limit the authority of its board of directors by describing in its articles of
incorporation who will perform some or all of the duties of
the board of directors. [1989 c 165 § 80.]
23B.08.010
23B.08.020 Qualifications of directors. The articles of
incorporation or bylaws may prescribe qualifications for
directors. A director need not be a resident of this state or a
shareholder of the corporation unless the articles of incorporation or bylaws so prescribe. [1989 c 165 § 81.]
23B.08.020
23B.08.060
23B.08.060 Staggered terms for directors. (1) The
articles of incorporation may provide for staggering the terms
of directors by dividing the total number of directors into two
or three groups, with each group containing one-half or onethird of the total, as near as may be. In that event, the terms of
directors in the first group expire at the first annual shareholders' meeting after their election, the terms of the second
group expire at the second annual shareholders' meeting after
their election, and the terms of the third group, if any, expire
at the third annual shareholders' meeting after their election.
At each annual shareholders' meeting held thereafter, directors shall be chosen for a term of two years or three years, as
the case may be, to succeed those whose terms expire.
(2) If cumulative voting is authorized, any provision
establishing staggered terms of directors shall provide that at
least three directors shall be elected at each annual shareholders' meeting. [1989 c 165 § 85.]
23B.08.070
23B.08.030 Number and election of directors. (1) A
board of directors must consist of one or more individuals,
with the number specified in or fixed in accordance with the
articles of incorporation or bylaws.
(2) Directors are elected at the first annual shareholders'
meeting and at each annual meeting thereafter unless (a) their
terms are staggered under RCW 23B.08.060, or (b) their
terms are otherwise governed by RCW 23B.05.050. Directors also may be elected by consent action under *RCW
23.07.040. [2002 c 297 § 27; 1994 c 256 § 29; 1989 c 165 §
82.]
23B.08.030
*Reviser's note: The reference to RCW 23.07.040 is erroneous. RCW
23B.07.040 was apparently intended.
Findings—Construction—1994 c 256: See RCW 43.320.007.
23B.08.040 Election of directors by certain classes or
series of shares. If the articles of incorporation authorize
dividing the shares into classes or series, the articles may also
authorize the election of all or a specified number of directors
by the holders of one or more authorized classes or series of
shares. A class, or classes, or series of shares entitled to elect
one or more directors is a separate voting group for purposes
of the election of directors. [1989 c 165 § 83.]
23B.08.040
23B.08.050 Terms of directors—Generally. (1) The
terms of the initial directors of a corporation expire at the first
shareholders' meeting at which directors are elected.
(2) The terms of all other directors expire at the next
annual shareholders' meeting following their election unless
23B.08.050
[Title 23B RCW—page 26]
23B.08.070 Resignation of directors. (1) A director
may resign at any time by delivering an executed notice to the
board of directors, its chairperson, the president, or the secretary.
(2) A resignation is effective when the notice is delivered
unless the notice specifies a later effective date. [2002 c 297
§ 28; 1989 c 165 § 86.]
23B.08.080
23B.08.080 Removal of directors by shareholders.
(1) The shareholders may remove one or more directors with
or without cause unless the articles of incorporation provide
that directors may be removed only for cause.
(2) If a director is elected by holders of one or more
authorized classes or series of shares, only the holders of
those classes or series of shares may participate in the vote to
remove the director.
(3) If cumulative voting is authorized, and if less than the
entire board is to be removed, no director may be removed if
the number of votes sufficient to elect the director under
cumulative voting is voted against the director's removal. If
cumulative voting is not authorized, a director may be
removed only if the number of votes cast to remove the director exceeds the number of votes cast not to remove the director.
(4) A director may be removed by the shareholders only
at a special meeting called for the purpose of removing the
director and the meeting notice must state that the purpose, or
one of the purposes, of the meeting is removal of the director.
[1995 c 47 § 7; 1989 c 165 § 87.]
(2004 Ed.)
Directors and Officers
23B.08.090
23B.08.090 Removal of directors by judicial proceeding. (1) The superior court of the county where a corporation's principal office, or, if none in this state, its registered
office, is located may remove a director of the corporation
from office in a proceeding commenced either by the corporation or by its shareholders holding at least ten percent of the
outstanding shares of any class if the court finds that (a) the
director engaged in fraudulent or dishonest conduct with
respect to the corporation, and (b) removal is in the best interest of the corporation.
(2) The court that removes a director may bar the director from reelection for a period prescribed by the court.
(3) If shareholders commence a proceeding under subsection (1) of this section, they shall make the corporation a
party defendant. [1989 c 165 § 88.]
23B.08.100
23B.08.100 Vacancy on board of directors. (1) Unless
the articles of incorporation provide otherwise, if a vacancy
occurs on a board of directors, including a vacancy resulting
from an increase in the number of directors:
(a) The shareholders may fill the vacancy;
(b) The board of directors may fill the vacancy; or
(c) If the directors in office constitute fewer than a quorum of the board, they may fill the vacancy by the affirmative
vote of a majority of all the directors in office.
(2) If the vacant office was held by a director elected by
holders of one or more authorized classes or series of shares,
only the holders of those classes or series of shares are entitled to vote to fill the vacancy.
(3) A vacancy that will occur at a specific later date, by
reason of a resignation effective at a later date under RCW
23B.08.070(2) or otherwise, may be filled before the vacancy
occurs but the new director may not take office until the
vacancy occurs. [1989 c 165 § 89.]
23B.08.110
23B.08.110 Compensation of directors. Unless the
articles of incorporation or bylaws provide otherwise, the
board of directors may fix the compensation of directors.
[1989 c 165 § 90.]
23B.08.200
23B.08.200 Meetings and action of the board. (1) The
board of directors may hold regular or special meetings in or
out of this state.
(2) Unless the articles of incorporation or bylaws provide
otherwise, any or all directors may participate in a regular or
special meeting by, or conduct the meeting through the use
of, any means of communication by which all directors participating can hear each other during the meeting. A director
participating in a meeting by this means is deemed to be
present in person at the meeting. [1989 c 165 § 91.]
23B.08.210
23B.08.210 Action without meeting. (1) Unless the
articles of incorporation or bylaws provide otherwise, action
required or permitted by this title to be taken at a board of
directors' meeting may be taken without a meeting if the
action is taken by all members of the board. The action must
be evidenced by one or more consents describing the action
taken, executed by each director either before or after the
action taken, and delivered to the corporation for inclusion in
the minutes or filing with the corporate records, each of
(2004 Ed.)
23B.08.240
which consents shall be set forth either (a) in an executed
record or (b) if the corporation has designated an address,
location, or system to which the consents may be electronically transmitted and the consent is electronically transmitted
to the designated address, location, or system, in an executed
electronically transmitted record.
(2) Action taken under this section is effective when the
last director executes the consent, unless the consent specifies
a later effective date.
(3) A consent under this section has the effect of a meeting vote and may be described as such in any record. [2002 c
297 § 29; 1989 c 165 § 92.]
23B.08.220
23B.08.220 Notice of meeting. (1) Unless the articles
of incorporation or bylaws provide otherwise, regular meetings of the board of directors may be held without notice of
the date, time, place, or purpose of the meeting.
(2) Unless the articles of incorporation or bylaws provide
for a longer or shorter period, special meetings of the board of
directors must be preceded by at least two days' notice of the
date, time, and place of the meeting. The notice need not
describe the purpose of the special meeting unless required
by the articles of incorporation or bylaws. [1989 c 165 § 93.]
23B.08.230
23B.08.230 Waiver of notice. (1) A director may
waive any notice required by this title, the articles of incorporation, or bylaws before or after the date and time stated in the
notice, and such waiver shall be equivalent to the giving of
such notice. Except as provided by subsection (2) of this section, the waiver must be delivered by the director entitled to
the notice to the corporation for inclusion in the minutes or
filing with the corporate records, which waiver shall be set
forth either (a) in an executed record or (b) if the corporation
has designated an address, location, or system to which the
waiver may be electronically transmitted and the waiver has
been electronically transmitted to the designated address,
location, or system, in an executed electronically transmitted
record.
(2) A director's attendance at or participation in a meeting waives any required notice to the director of the meeting
unless the director at the beginning of the meeting, or
promptly upon the director's arrival, objects to holding the
meeting or transacting business at the meeting and does not
thereafter vote for or assent to action taken at the meeting.
[2002 c 297 § 30; 1989 c 165 § 94.]
23B.08.240
23B.08.240 Quorum and voting. (1) Unless the articles of incorporation or bylaws require a greater or lesser
number, a quorum of a board of directors consists of a majority of the number of directors specified in or fixed in accordance with the articles of incorporation or bylaws.
(2) Notwithstanding subsection (1) of this section, a quorum of a board of directors may in no event be less than onethird of the number of directors specified in or fixed in accordance with the articles of incorporation or bylaws.
(3) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the
board of directors unless the articles of incorporation or
bylaws require the vote of a greater number of directors.
[Title 23B RCW—page 27]
23B.08.250
Title 23B RCW: Washington Business Corporation Act
(4) A director who is present at a meeting of the board of
directors when action is taken is deemed to have assented to
the action taken unless: (a) The director objects at the beginning of the meeting, or promptly upon the director's arrival, to
holding it or transacting business at the meeting; (b) the
director's dissent or abstention from the action taken is
entered in the minutes of the meeting; or (c) the director
delivers notice of the director's dissent or abstention to the
presiding officer of the meeting before its adjournment or to
the corporation within a reasonable time after adjournment of
the meeting. The right of dissent or abstention is not available
to a director who votes in favor of the action taken. [2002 c
297 § 31; 1991 c 72 § 35; 1989 c 165 § 95.]
23B.08.250
23B.08.250 Committees. (1) Unless the articles of
incorporation or bylaws provide otherwise, a board of directors may create one or more committees of directors. Each
committee must have two or more members, who serve at the
pleasure of the board of directors.
(2) The creation of a committee and appointment of
members to it must be approved by the greater of (a) a majority of all the directors in office when the action is taken or (b)
the number of directors required by the articles of incorporation or bylaws to take action under RCW 23B.08.240.
(3) RCW 23B.08.200 through 23B.08.240, which govern meetings, action without meetings, notice and waiver of
notice, and quorum and voting requirements of the board of
directors, apply to committees and their members as well.
(4) To the extent specified by the board of directors or in
the articles of incorporation or bylaws, each committee may
exercise the authority of the board of directors under RCW
23B.08.010.
(5) A committee may not, however:
(a) Authorize or approve a distribution except according
to a general formula or method prescribed by the board of
directors;
(b) Approve or propose to shareholders action that this
title requires be approved by shareholders;
(c) Fill vacancies on the board of directors or on any of
its committees;
(d) Amend articles of incorporation pursuant to RCW
23B.10.020;
(e) Adopt, amend, or repeal bylaws;
(f) Approve a plan of merger not requiring shareholder
approval; or
(g) Authorize or approve the issuance or sale or contract
for sale of shares, or determine the designation and relative
rights, preferences, and limitations of a class or series of
shares, except that the board of directors may authorize a
committee, or a senior executive officer of the corporation to
do so within limits specifically prescribed by the board of
directors.
(6) The creation of, delegation of authority to, or action
by a committee does not alone constitute compliance by a
director with the standards of conduct described in RCW
23B.08.300. [1989 c 165 § 96.]
23B.08.300
23B.08.300 General standards for directors. (1) A
director shall discharge the duties of a director, including
duties as member of a committee:
[Title 23B RCW—page 28]
(a) In good faith;
(b) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(c) In a manner the director reasonably believes to be in
the best interests of the corporation.
(2) In discharging the duties of a director, a director is
entitled to rely on information, opinions, reports, or statements, including financial statements and other financial
data, if prepared or presented by:
(a) One or more officers or employees of the corporation
whom the director reasonably believes to be reliable and
competent in the matters presented;
(b) Legal counsel, public accountants, or other persons
as to matters the director reasonably believes are within the
person's professional or expert competence; or
(c) A committee of the board of directors of which the
director is not a member if the director reasonably believes
the committee merits confidence.
(3) A director is not acting in good faith if the director
has knowledge concerning the matter in question that makes
reliance otherwise permitted by subsection (2) of this section
unwarranted.
(4) A director is not liable for any action taken as a director, or any failure to take any action, if the director performed
the duties of the director's office in compliance with this section. [1989 c 165 § 97.]
23B.08.310
23B.08.310 Liability for unlawful distributions. (1)
A director who votes for or assents to a distribution made in
violation of RCW 23B.06.400 or the articles of incorporation
is personally liable to the corporation for the amount of the
distribution that exceeds what could have been distributed
without violating RCW 23B.06.400 or the articles of incorporation if it is established that the director did not perform the
director's duties in compliance with RCW 23B.08.300. In any
proceeding commenced under this section, a director has all
of the defenses ordinarily available to a director.
(2) A director held liable under subsection (1) of this section for an unlawful distribution is entitled to contribution:
(a) From every other director who could be held liable
under subsection (1) of this section for the unlawful distribution; and
(b) From each shareholder for the amount the shareholder accepted knowing the distribution was made in violation of RCW 23B.06.400 or the articles of incorporation.
(3) A proceeding under this section is barred unless it is
commenced within two years after the date on which the
effect of the distribution was measured under RCW
23B.06.400(4). [1989 c 165 § 98.]
23B.08.320
23B.08.320 Limitation on liability of directors. The
articles of incorporation may contain provisions not inconsistent with law that eliminate or limit the personal liability of a
director to the corporation or its shareholders for monetary
damages for conduct as a director, provided that such provisions shall not eliminate or limit the liability of a director for
acts or omissions that involve intentional misconduct by a
director or a knowing violation of law by a director, for conduct violating RCW 23B.08.310, or for any transaction from
which the director will personally receive a benefit in money,
(2004 Ed.)
Directors and Officers
property, or services to which the director is not legally entitled. No such provision shall eliminate or limit the liability of
a director for any act or omission occurring prior to the date
when such provision becomes effective. [1989 c 165 § 99.]
23B.08.400
23B.08.400 Officers. (1) A corporation has the officers
described in its bylaws or appointed by the board of directors
in accordance with the bylaws.
(2) A duly appointed officer may appoint one or more
officers or assistant officers if authorized by the bylaws or the
board of directors.
(3) The bylaws or the board of directors shall delegate to
one of the officers responsibility for preparing minutes of the
directors' and shareholders' meetings and for authenticating
records of the corporation.
(4) The same individual may simultaneously hold more
than one office in a corporation. [1989 c 165 § 100.]
23B.08.410
23B.08.410 Duties of officers. Each officer has the
authority and shall perform the duties set forth in the bylaws
or, to the extent consistent with the bylaws, the duties prescribed by the board of directors or by an officer authorized
by the board of directors to prescribe the duties of other officers. [1989 c 165 § 101.]
23B.08.420
23B.08.420 Standards of conduct for officers. (1) An
officer with discretionary authority shall discharge the
officer's duties under that authority:
(a) In good faith;
(b) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(c) In a manner the officer reasonably believes to be in
the best interests of the corporation.
(2) In discharging the officer's duties, the officer is entitled to rely on information, opinions, reports, or statements,
including financial statements and other financial data, if prepared or presented by:
(a) One or more officers or employees of the corporation
whom the officer reasonably believes to be reliable and competent in the matters presented; or
(b) Legal counsel, public accountants, or other persons
as to matters the officer reasonably believes are within the
person's professional or expert competence.
(3) An officer is not acting in good faith if the officer has
knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (2) of this section
unwarranted.
(4) An officer is not liable for any action taken as an
officer, or any failure to take any action, if the officer performed the duties of the officer's office in compliance with
this section. [1989 c 165 § 102.]
23B.08.430
23B.08.430 Resignation and removal of officers. (1)
An officer may resign at any time by delivering notice to the
corporation. A resignation is effective when the notice is
delivered unless the notice specifies a later effective date.
(2) A board of directors may remove any officer at any
time with or without cause. An officer or assistant officer, if
appointed by another officer, may be removed by any officer
(2004 Ed.)
23B.08.510
authorized to appoint officers or assistant officers. [1989 c
165 § 103.]
23B.08.440
23B.08.440 Contract rights of officers. (1) The
appointment of an officer does not itself create contract
rights.
(2) An officer's removal does not affect the officer's contract rights, if any, with the corporation. An officer's resignation does not affect the corporation's contract rights, if any,
with the officer. [1989 c 165 § 104.]
23B.08.500
23B.08.500 Indemnification definitions. For purposes
of RCW 23B.08.510 through 23B.08.600:
(1) "Corporation" includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction.
(2) "Director" means an individual who is or was a director of a corporation or an individual who, while a director of
a corporation, is or was serving at the corporation's request as
a director, officer, partner, trustee, employee, or agent of
another foreign or domestic corporation, partnership, joint
venture, trust, employee benefit plan, or other enterprise. A
director is considered to be serving an employee benefit plan
at the corporation's request if the director's duties to the corporation also impose duties on, or otherwise involve services
by, the director to the plan or to participants in or beneficiaries of the plan. "Director" includes, unless the context
requires otherwise, the estate or personal representative of a
director.
(3) "Expenses" include counsel fees.
(4) "Liability" means the obligation to pay a judgment,
settlement, penalty, fine, including an excise tax assessed
with respect to an employee benefit plan, or reasonable
expenses incurred with respect to a proceeding.
(5) "Official capacity" means: (a) When used with
respect to a director, the office of director in a corporation;
and (b) when used with respect to an individual other than a
director, as contemplated in RCW 23B.08.570, the office in a
corporation held by the officer or the employment or agency
relationship undertaken by the employee or agent on behalf
of the corporation. "Official capacity" does not include service for any other foreign or domestic corporation or any
partnership, joint venture, trust, employee benefit plan, or
other enterprise.
(6) "Party" includes an individual who was, is, or is
threatened to be made a named defendant or respondent in a
proceeding.
(7) "Proceeding" means any threatened, pending, or
completed action, suit, or proceeding, whether civil, criminal,
administrative, or investigative and whether formal or informal. [1989 c 165 § 105.]
23B.08.510
23B.08.510 Authority to indemnify. (1) Except as provided in subsection (4) of this section, a corporation may
indemnify an individual made a party to a proceeding
because the individual is or was a director against liability
incurred in the proceeding if:
(a) The individual acted in good faith; and
(b) The individual reasonably believed:
[Title 23B RCW—page 29]
23B.08.520
Title 23B RCW: Washington Business Corporation Act
(i) In the case of conduct in the individual's official
capacity with the corporation, that the individual's conduct
was in its best interests; and
(ii) In all other cases, that the individual's conduct was at
least not opposed to its best interests; and
(c) In the case of any criminal proceeding, the individual
had no reasonable cause to believe the individual's conduct
was unlawful.
(2) A director's conduct with respect to an employee benefit plan for a purpose the director reasonably believed to be
in the interests of the participants in and beneficiaries of the
plan is conduct that satisfies the requirement of subsection
(1)(b)(ii) of this section.
(3) The termination of a proceeding by judgment, order,
settlement, conviction, or upon a plea of nolo contendere or
its equivalent is not, of itself, determinative that the director
did not meet the standard of conduct described in this section.
(4) A corporation may not indemnify a director under
this section:
(a) In connection with a proceeding by or in the right of
the corporation in which the director was adjudged liable to
the corporation; or
(b) In connection with any other proceeding charging
improper personal benefit to the director, whether or not
involving action in the director's official capacity, in which
the director was adjudged liable on the basis that personal
benefit was improperly received by the director.
(5) Indemnification permitted under this section in connection with a proceeding by or in the right of the corporation
is limited to reasonable expenses incurred in connection with
the proceeding. [1989 c 165 § 106.]
23B.08.520
23B.08.520 Mandatory indemnification. Unless limited by its articles of incorporation, a corporation shall
indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which the
director was a party because of being a director of the corporation against reasonable expenses incurred by the director in
connection with the proceeding. [1989 c 165 § 107.]
23B.08.530
23B.08.530 Advance for expenses. (1) A corporation
may pay for or reimburse the reasonable expenses incurred
by a director who is a party to a proceeding in advance of
final disposition of the proceeding if:
(a) The director furnishes the corporation a written affirmation of the director's good faith belief that the director has
met the standard of conduct described in RCW 23B.08.510;
and
(b) The director furnishes the corporation a written
undertaking, executed personally or on the director's behalf,
to repay the advance if it is ultimately determined that the
director did not meet the standard of conduct.
(2) The undertaking required by subsection (1)(b) of this
section must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make repayment.
(3) Authorization of payments under this section may be
made by provision in the articles of incorporation or bylaws,
by resolution adopted by the shareholders or board of directors, or by contract. [1989 c 165 § 108.]
[Title 23B RCW—page 30]
23B.08.540
23B.08.540 Court-ordered indemnification. Unless a
corporation's articles of incorporation provide otherwise, a
director of a corporation who is a party to a proceeding may
apply for indemnification or advance of expenses to the court
conducting the proceeding or to another court of competent
jurisdiction. On receipt of an application, the court after giving any notice the court considers necessary may order
indemnification or advance of expenses if it determines:
(1) The director is entitled to mandatory indemnification
under RCW 23B.08.520, in which case the court shall also
order the corporation to pay the director's reasonable
expenses incurred to obtain court-ordered indemnification;
(2) The director is fairly and reasonably entitled to
indemnification in view of all the relevant circumstances,
whether or not the director met the standard of conduct set
forth in RCW 23B.08.510 or was adjudged liable as
described in RCW 23B.08.510(4), but if the director was
adjudged so liable the director's indemnification is limited to
reasonable expenses incurred unless the articles of incorporation or a bylaw, contract, or resolution approved or ratified by
the shareholders pursuant to RCW 23B.08.560 provides otherwise; or
(3) In the case of an advance of expenses, the director is
entitled pursuant to the articles of incorporation, bylaws, or
any applicable resolution or contract, to payment or reimbursement of the director's reasonable expenses incurred as a
party to the proceeding in advance of final disposition of the
proceeding. [1989 c 165 § 109.]
23B.08.550
23B.08.550 Determination and authorization of
indemnification. (1) A corporation may not indemnify a
director under RCW 23B.08.510 unless authorized in the specific case after a determination has been made that indemnification of the director is permissible in the circumstances
because the director has met the standard of conduct set forth
in RCW 23B.08.510.
(2) The determination shall be made:
(a) By the board of directors by majority vote of a quorum consisting of directors not at the time parties to the proceeding;
(b) If a quorum cannot be obtained under (a) of this subsection, by majority vote of a committee duly designated by
the board of directors, in which designation directors who are
parties may participate, consisting solely of two or more
directors not at the time parties to the proceeding;
(c) By special legal counsel:
(i) Selected by the board of directors or its committee in
the manner prescribed in (a) or (b) of this subsection; or
(ii) If a quorum of the board of directors cannot be
obtained under (a) of this subsection and a committee cannot
be designated under (b) of this subsection, selected by majority vote of the full board of directors, in which selection
directors who are parties may participate; or
(d) By the shareholders, but shares owned by or voted
under the control of directors who are at the time parties to
the proceeding may not be voted on the determination.
(3) Authorization of indemnification and evaluation as to
reasonableness of expenses shall be made in the same manner
as the determination that indemnification is permissible,
except that if the determination is made by special legal counsel, authorization of indemnification and evaluation as to rea(2004 Ed.)
Directors and Officers
sonableness of expenses shall be made by those entitled
under subsection (2)(c) of this section to select counsel.
[1989 c 165 § 110.]
23B.08.700
against the same liability under RCW 23B.08.510 or
23B.08.520. [1989 c 165 § 113.]
23B.08.590
23B.08.560
23B.08.560 Shareholder authorized indemnification
and advancement of expenses. (1) If authorized by the articles of incorporation, a bylaw adopted or ratified by the
shareholders, or a resolution adopted or ratified, before or
after the event, by the shareholders, a corporation shall have
power to indemnify or agree to indemnify a director made a
party to a proceeding, or obligate itself to advance or reimburse expenses incurred in a proceeding, without regard to
the limitations in RCW 23B.08.510 through 23B.08.550, provided that no such indemnity shall indemnify any director
from or on account of:
(a) Acts or omissions of the director finally adjudged to
be intentional misconduct or a knowing violation of law;
(b) Conduct of the director finally adjudged to be in violation of RCW 23B.08.310; or
(c) Any transaction with respect to which it was finally
adjudged that such director personally received a benefit in
money, property, or services to which the director was not
legally entitled.
(2) Unless the articles of incorporation, or a bylaw or resolution adopted or ratified by the shareholders, provide otherwise, any determination as to any indemnity or advance of
expenses under subsection (1) of this section shall be made in
accordance with RCW 23B.08.550. [1989 c 165 § 111.]
23B.08.590 Validity of indemnification or advance
for expenses. (1) A provision treating a corporation's indemnification of or advance for expenses to directors that is contained in its articles of incorporation, bylaws, a resolution of
its shareholders or board of directors, or in a contract or otherwise, is valid only if and to the extent the provision is consistent with RCW 23B.08.500 through 23B.08.580. If articles
of incorporation limit indemnification or advance for
expenses, indemnification and advance for expenses are valid
only to the extent consistent with the articles of incorporation.
(2) RCW 23B.08.500 through 23B.08.580 do not limit a
corporation's power to pay or reimburse expenses incurred by
a director in connection with the director's appearance as a
witness in a proceeding at a time when the director has not
been made a named defendant or respondent to the proceeding. [1989 c 165 § 114.]
23B.08.600
23B.08.600 Report to shareholders. If a corporation
indemnifies or advances expenses to a director under RCW
23B.08.510, 23B.08.520, 23B.08.530, 23B.08.540, or
23B.08.560 in connection with a proceeding by or in the right
of the corporation, the corporation shall report the indemnification or advance in the form of a notice to the shareholders
delivered with or before the notice of the next shareholders'
meeting. [2002 c 297 § 32; 1989 c 165 § 115.]
23B.08.570
23B.08.570 Indemnification of officers, employees,
and agents. Unless a corporation's articles of incorporation
provide otherwise:
(1) An officer of the corporation who is not a director is
entitled to mandatory indemnification under RCW
23B.08.520, and is entitled to apply for court-ordered indemnification under RCW 23B.08.540, in each case to the same
extent as a director;
(2) The corporation may indemnify and advance
expenses under RCW 23B.08.510 through 23B.08.560 to an
officer, employee, or agent of the corporation who is not a
director to the same extent as to a director; and
(3) A corporation may also indemnify and advance
expenses to an officer, employee, or agent who is not a director to the extent, consistent with law, that may be provided by
its articles of incorporation, bylaws, general or specific action
of its board of directors, or contract. [1989 c 165 § 112.]
23B.08.580
23B.08.580 Insurance. A corporation may purchase
and maintain insurance on behalf of an individual who is or
was a director, officer, employee, or agent of the corporation,
or who, while a director, officer, employee, or agent of the
corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, or agent
of another foreign or domestic corporation, partnership, joint
venture, trust, employee benefit plan, or other enterprise,
against liability asserted against or incurred by the individual
in that capacity or arising from the individual's status as a
director, officer, employee, or agent, whether or not the corporation would have power to indemnify the individual
(2004 Ed.)
23B.08.700
23B.08.700 Definitions. For purposes of RCW
23B.08.710 through 23B.08.730:
(1) "Conflicting interest" with respect to a corporation
means the interest a director of the corporation has respecting
a transaction effected or proposed to be effected by the corporation, or by a subsidiary of the corporation or any other
entity in which the corporation has a controlling interest, if:
(a) Whether or not the transaction is brought before the
board of directors of the corporation for action, the director
knows at the time of commitment that the director or a related
person is a party to the transaction or has a beneficial financial interest in or so closely linked to the transaction and of
such financial significance to the director or a related person
that the interest would reasonably be expected to exert an
influence on the director's judgment if the director were
called upon to vote on the transaction; or
(b) The transaction is brought, or is of such character and
significance to the corporation that it would in the normal
course be brought, before the board of directors of the corporation for action, and the director knows at the time of commitment that any of the following persons is either a party to
the transaction or has a beneficial financial interest in or so
closely linked to the transaction and of such financial significance to the person that the interest would reasonably be
expected to exert an influence on the director's judgment if
the director were called upon to vote on the transaction: (i)
An entity, other than the corporation, of which the director is
a director, general partner, agent, or employee; (ii) a person
that controls one or more of the entities specified in (b)(i) of
this subsection or an entity that is controlled by, or is under
[Title 23B RCW—page 31]
23B.08.710
Title 23B RCW: Washington Business Corporation Act
common control with, one or more of the entities specified in
(b)(i) of this subsection; or (iii) an individual who is a general
partner, principal, or employer of the director.
(2) "Director's conflicting interest transaction" with
respect to a corporation means a transaction effected or proposed to be effected by the corporation, or by a subsidiary of
the corporation or any other entity in which the corporation
has a controlling interest, respecting which a director of the
corporation has a conflicting interest.
(3) "Related person" of a director means (a) the spouse,
or a parent or sibling thereof, of the director, or a child,
grandchild, sibling, parent, or spouse of any thereof, of the
director, or an individual having the same home as the director, or a trust or estate of which an individual specified herein
is a substantial beneficiary; or (b) a trust, estate, incompetent,
conservatee, or minor of which the director is a fiduciary.
(4) "Required disclosure" means disclosure by the director who has a conflicting interest of (a) the existence and
nature of the director's conflicting interest, and (b) all facts
known to the director respecting the subject matter of the
transaction that an ordinarily prudent person would reasonably believe to be material to a judgment about whether or
not to proceed with the transaction.
(5) "Time of commitment" respecting a transaction
means the time when the transaction is consummated or, if
made pursuant to contract, the time when the corporation, or
its subsidiary or the entity in which it has a controlling interest, becomes contractually obligated so that its unilateral
withdrawal from the transaction would entail significant loss,
liability, or other damage. [1989 c 165 § 116.]
23B.08.710
23B.08.710 Judicial action. (1) A transaction effected
or proposed to be effected by a corporation, or by a subsidiary
of the corporation or any other entity in which the corporation
has a controlling interest, that is not a director's conflicting
interest transaction may not be enjoined, set aside, or give
rise to an award of damages or other sanctions, in a proceeding by a shareholder or by or in the right of the corporation,
because a director of the corporation, or any person with
whom or which the director has a personal, economic, or
other association, has an interest in the transaction.
(2) A director's conflicting interest transaction may not
be enjoined, set aside, or give rise to an award of damages or
other sanctions, in a proceeding by a shareholder or by or in
the right of the corporation, because the director, or any person with whom or which the director has a personal, economic, or other association, has an interest in the transaction,
if:
(a) Directors' action respecting the transaction was at any
time taken in compliance with RCW 23B.08.720;
(b) Shareholders' action respecting the transaction was at
any time taken in compliance with RCW 23B.08.730; or
(c) The transaction, judged according to the circumstances at the time of commitment, is established to have
been fair to the corporation. [1989 c 165 § 117.]
23B.08.720
23B.08.720 Directors' action. (1) Directors' action
respecting a transaction is effective for purposes of RCW
23B.08.710(2)(a) if the transaction received the affirmative
vote of a majority, but no fewer than two, of those qualified
[Title 23B RCW—page 32]
directors on the board of directors or on a duly empowered
committee of the board who voted on the transaction after
either required disclosure to them, to the extent the information was not known by them, or compliance with subsection
(2) of this section, provided that action by a committee is so
effective only if:
(a) All its members are qualified directors; and
(b) Its members are either all the qualified directors on
the board or are appointed by the affirmative vote of a majority of the qualified directors on the board.
(2) If a director has a conflicting interest respecting a
transaction, but neither the director nor a related person of the
director specified in RCW 23B.08.700(3)(a) is a party to the
transaction, and if the director has a duty under law or professional canon, or a duty of confidentiality to another person,
respecting information relating to the transaction such that
the director may not make the disclosure described in RCW
23B.08.700(4)(b), then disclosure is sufficient for purposes
of subsection (1) of this section if the director (a) discloses to
the directors voting on the transaction the existence and
nature of the director's conflicting interest and informs them
of the character and limitations imposed by that duty before
their vote on the transaction, and (b) plays no part, directly or
indirectly, in their deliberations or vote.
(3) A majority, but no fewer than two, of all the qualified
directors on the board of directors, or on the committee, constitutes a quorum for purposes of action that complies with
this section. Directors' action that otherwise complies with
this section is not affected by the presence or vote of a director who is not a qualified director.
(4) For purposes of this section "qualified director"
means, with respect to a director's conflicting interest transaction, any director who does not have either (a) a conflicting
interest respecting the transaction, or (b) a familial, financial,
professional, or employment relationship with a second
director who does have a conflicting interest respecting the
transaction, which relationship would, in the circumstances,
reasonably be expected to exert an influence on the first
director's judgment when voting on the transaction. [1989 c
165 § 118.]
23B.08.730 Shareholders' action. (1) Shareholders'
action respecting a transaction is effective for purposes of
RCW 23B.08.710(2)(b) if a majority of the votes entitled to
be cast by the holders of all qualified shares were cast in favor
of the transaction after (a) notice to shareholders describing
the director's conflicting interest transaction, (b) provision of
the information referred to in subsection (4) of this section,
and (c) required disclosure to the shareholders who voted on
the transaction, to the extent the information was not known
by them.
(2) For purposes of this section, "qualified shares" means
any shares entitled to vote with respect to the director's conflicting interest transaction except shares that, to the knowledge, before the vote, of the secretary, or other officer or
agent of the corporation authorized to tabulate votes, are beneficially owned, or the voting of which is controlled, by a
director who has a conflicting interest respecting the transaction or by a related person of the director, or both.
(3) A majority of the votes entitled to be cast by the holders of all qualified shares constitutes a quorum for purposes
23B.08.730
(2004 Ed.)
Amendment of Articles of Incorporation and Bylaws
of action that complies with this section. Subject to the provisions of subsections (4) and (5) of this section, shareholders'
action that otherwise complies with this section is not
affected by the presence of holders, or the voting, of shares
that are not qualified shares.
(4) For purposes of compliance with subsection (1) of
this section, a director who has a conflicting interest respecting the transaction shall, before the shareholders' vote, inform
the secretary, or other officer or agent of the corporation
authorized to tabulate votes, of the number, and the identity
of persons holding or controlling the vote, of all shares that
the director knows are beneficially owned, or the voting of
which is controlled, by the director, or by a related person of
the director, or both.
(5) If a shareholders' vote does not comply with subsection (1) of this section solely because of a failure of a director
to comply with subsection (4) of this section, and if the director establishes that the director's failure did not determine and
was not intended by the director to influence the outcome of
the vote, the court may, with or without further proceedings
respecting RCW 23B.08.710(2)(c), take such action respecting the transaction and the director, and give such effect, if
any, to the shareholders' vote, as it considers appropriate in
the circumstances. [1989 c 165 § 119.]
Chapter 23B.09
Chapter 23B.09 RCW
[RESERVED]
Chapter 23B.10 RCW
AMENDMENT OF ARTICLES OF INCORPORATION
AND BYLAWS
Chapter 23B.10
Sections
23B.10.010 Authority to amend articles of incorporation.
23B.10.012 Certificate of authority as insurance company—Filing of
records.
23B.10.020 Amendment of articles of incorporation by board of directors.
23B.10.030 Amendment of articles of incorporation by board of directors
and shareholders.
23B.10.040 Voting on amendments to articles of incorporation by voting
groups.
23B.10.050 Amendment of articles of incorporation before issuance of
shares.
23B.10.060 Articles of amendment.
23B.10.070 Restated articles of incorporation.
23B.10.080 Amendment of articles of incorporation pursuant to reorganization.
23B.10.090 Effect of amendment of articles of incorporation.
23B.10.200 Amendment of bylaws by board of directors or shareholders.
23B.10.210 Bylaw increasing quorum or voting requirements for directors.
23B.10.010
23B.10.010 Authority to amend articles of incorporation. (1) A corporation may amend its articles of incorporation at any time to add or change a provision that is required
or permitted in the articles of incorporation or to delete a provision not required in the articles of incorporation. Whether a
provision is required or permitted in the articles of incorporation is determined as of the effective date of the amendment.
(2) A shareholder of the corporation does not have a
vested property right resulting from any provision in the articles of incorporation, including provisions relating to management, control, capital structure, dividend entitlement, or
purpose or duration of the corporation. [1989 c 165 § 120.]
(2004 Ed.)
23B.10.030
23B.10.012 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than the
secretary of state. [2002 c 297 § 33; 1998 c 23 § 9.]
23B.10.012
23B.10.020 Amendment of articles of incorporation
by board of directors. Unless the articles of incorporation
provide otherwise, a corporation's board of directors may
adopt one or more amendments to the corporation's articles of
incorporation without shareholder action:
(1) If the corporation has only one class of shares outstanding, to provide, change, or eliminate any provision with
respect to the par value of any class of shares;
(2) To delete the names and addresses of the initial directors;
(3) To delete the name and address of the initial registered agent or registered office, if a statement of change is on
file with the secretary of state;
(4) If the corporation has only one class of shares outstanding, solely to:
(a) Effect a forward split of, or change the number of
authorized shares of that class in proportion to a forward split
of, or stock dividend in, the corporation's outstanding shares;
or
(b) Effect a reverse split of the corporation's outstanding
shares and the number of authorized shares of that class in the
same proportions;
(5) To change the corporate name; or
(6) To make any other change expressly permitted by
this title to be made without shareholder action. [2003 c 35 §
3; 1989 c 165 § 121.]
23B.10.020
23B.10.030 Amendment of articles of incorporation
by board of directors and shareholders. (1) A corporation's board of directors may propose one or more amendments to the articles of incorporation for submission to the
shareholders.
(2) For the amendment to be adopted:
(a) The board of directors must recommend the amendment to the shareholders unless the board of directors determines that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders with
the amendment; and
(b) The shareholders entitled to vote on the amendment
must approve the amendment as provided in subsection (5) of
this section.
(3) The board of directors may condition its submission
of the proposed amendment on any basis, including the affirmative vote of holders of a specified percentage of shares
held by any group of shareholders not otherwise entitled
under this title or the articles of incorporation to vote as a separate voting group on the proposed amendment.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders'
meeting in accordance with RCW 23B.07.050. The notice of
23B.10.030
[Title 23B RCW—page 33]
23B.10.040
Title 23B RCW: Washington Business Corporation Act
meeting must also state that the purpose, or one of the purposes, of the meeting is to consider the proposed amendment
and contain or be accompanied by a copy of the amendment.
(5) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
amendment to be adopted must be approved by two-thirds,
or, in the case of a public company, a majority, of the voting
group comprising all the votes entitled to be cast on the proposed amendment, and of each other voting group entitled
under RCW 23B.10.040 or the articles of incorporation to
vote separately on the proposed amendment. The articles of
incorporation may require a greater vote than that provided
for in this subsection. The articles of incorporation of a corporation other than a public company may require a lesser
vote than that provided for in this subsection, or may require
a lesser vote by separate voting groups, so long as the
required vote is not less than a majority of all the votes entitled to be cast on the proposed amendment and of each other
voting group entitled to vote separately on the proposed
amendment. Separate voting by additional voting groups is
required on a proposed amendment under the circumstances
described in RCW 23B.10.040. [2003 c 35 § 4; 1989 c 165 §
122.]
23B.10.040 Voting on amendments to articles of
incorporation by voting groups. (1) Except as otherwise
required by subsection (3) of this section or otherwise permitted by subsection (4) of this section, the holders of the outstanding shares of a class or series are entitled to vote as a
separate voting group on a proposed amendment if shareholder voting is otherwise required by this title and if the
amendment would:
(a) Increase the aggregate number of authorized shares
of the class or series;
(b) Effect an exchange or reclassification of all or part of
the issued and outstanding shares of the class or series into
shares of another class or series, thereby adversely affecting
the holders of the shares so exchanged or reclassified;
(c) Change the rights, preferences, or limitations of all or
part of the issued and outstanding shares of the class or series,
thereby adversely affecting the holders of shares of the class
or series;
(d) Change all or part of the issued and outstanding
shares of the class or series into a different number of shares
of the same class or series, thereby adversely affecting the
holders of shares of the class or series;
(e) Create a new class or series of shares having rights or
preferences with respect to distributions or to dissolution that
are, or upon designation by the board of directors in accordance with RCW 23B.06.020 may be, prior, superior, or substantially equal to the shares of the class or series;
(f) Increase the rights or preferences with respect to distributions or to dissolution, or the number of authorized
shares of any class or series that, after giving effect to the
amendment, has rights or preferences with respect to distributions or to dissolution that are, or upon designation by the
board of directors in accordance with RCW 23B.06.020 may
be, prior, superior, or substantially equal to the shares of the
class or series;
(g) Limit or deny an existing preemptive right of all or
part of the shares of the class or series;
23B.10.040
[Title 23B RCW—page 34]
(h) Cancel or otherwise adversely affect rights to distributions or dividends that have accumulated but not yet been
declared on all or part of the shares of the class or series; or
(i) Effect a redemption or cancellation of all or part of the
shares of the class or series in exchange for cash or any other
form of consideration other than shares of the corporation.
(2) If a proposed amendment would affect only a series
of a class of shares in one or more of the ways described in
subsection (1) of this section, only the shares of that series are
entitled to vote as a separate voting group on the proposed
amendment. A voting group entitled to vote separately under
this section may never comprise a group of holders smaller
than the holders of a single class or series authorized and designated as a class or series in the articles of incorporation,
unless otherwise provided in the articles of incorporation or
unless the board of directors conditions its submission of the
proposed amendment on a separate vote by one or more
smaller voting groups.
(3) If a proposed amendment, that would otherwise entitle two or more classes or series of shares to vote as separate
voting groups under this section, would affect those two or
more classes or series in the same or a substantially similar
way, then instead of voting as separate voting groups the
shares of all similarly affected classes or series shall vote
together as a single voting group on the proposed amendment, unless otherwise provided in the articles of incorporation or unless the board of directors conditions its submission
of the proposed amendment on a separate vote by one or
more classes or series.
(4) A class or series of shares is entitled to the voting
group rights granted by this section although the articles of
incorporation generally describe the shares of the class or
series as nonvoting shares. The articles of incorporation
may, however, limit or deny the voting group rights granted
by subsection (1)(a), (e), or (f) of this section as to any class
or series of issued or unissued shares, by means of a provision
that makes explicit reference to the limitation or denial of
voting group rights that would otherwise apply under subsection (1)(a), (e), or (f) of this section. [2003 c 35 § 5; 1989 c
165 § 123.]
23B.10.050
23B.10.050 Amendment of articles of incorporation
before issuance of shares. If a corporation has not yet issued
shares, its board of directors, or incorporators if initial directors were not named in the articles of incorporation and have
not been elected, may adopt one or more amendments to the
corporation's articles of incorporation. [1989 c 165 § 124.]
23B.10.060
23B.10.060 Articles of amendment. A corporation
amending its articles of incorporation shall deliver to the secretary of state for filing articles of amendment setting forth:
(1) The name of the corporation;
(2) The text of each amendment adopted;
(3) If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for
implementing the amendment if not contained in the amendment itself;
(4) The date of each amendment's adoption;
(2004 Ed.)
Amendment of Articles of Incorporation and Bylaws
(5) If an amendment was adopted by the incorporators or
board of directors without shareholder action, a statement to
that effect and that shareholder action was not required; and
(6) If shareholder action was required, a statement that
the amendment was duly approved by the shareholders in
accordance with the provisions of RCW 23B.10.030 and
23B.10.040. [1989 c 165 § 125.]
23B.10.070
23B.10.070 Restated articles of incorporation. (1)
Any officer of the corporation may restate its articles of
incorporation at any time.
(2) A restatement may include one or more amendments
to the articles of incorporation. If the restatement includes an
amendment not requiring shareholder approval, it must be
adopted by the board of directors. If the restatement includes
an amendment requiring shareholder approval, it must be
adopted in accordance with RCW 23B.10.030.
(3) If the board of directors submits a restatement for
shareholder action, the corporation shall notify each shareholder, whether or not entitled to vote, of the proposed shareholders' meeting in accordance with RCW 23B.07.050. The
notice must also state that the purpose, or one of the purposes,
of the meeting is to consider the proposed restatement and
contain or be accompanied by a copy of the restatement that
identifies any amendment or other change it would make in
the articles of incorporation.
(4) A corporation restating its articles of incorporation
shall deliver to the secretary of state for filing articles of
restatement setting forth the name of the corporation and the
text of the restated articles of incorporation together with a
certificate setting forth:
(a) If the restatement does not include an amendment to
the articles of incorporation, a statement to that effect;
(b) If the restatement contains an amendment to the articles of incorporation not requiring shareholder approval, a
statement that the board of directors adopted the restatement
and the date of such adoption;
(c) If the restatement contains an amendment to the articles of incorporation requiring shareholder approval, the
information required by RCW 23B.10.060; and
(d) Both the articles of restatement and the certificate
must be executed.
(5) Duly adopted restated articles of incorporation supersede the original articles of incorporation and all amendments
to them.
(6) The secretary of state may certify restated articles of
incorporation, as the articles of incorporation currently in
effect, without including the certificate information required
by subsection (4) of this section. [1991 c 72 § 36; 1989 c 165
§ 126.]
23B.10.080
23B.10.080 Amendment of articles of incorporation
pursuant to reorganization. (1) A corporation's articles of
incorporation may be amended without action by the board of
directors or shareholders to carry out a plan of reorganization
ordered or decreed by a court of competent jurisdiction under
federal statute if the articles of incorporation after amendment contain only provisions required or permitted by RCW
23B.02.020.
(2004 Ed.)
23B.10.210
(2) The individual or individuals designated by the court
shall deliver to the secretary of state for filing articles of
amendment setting forth:
(a) The name of the corporation;
(b) The text of each amendment approved by the court;
(c) The date of the court's order or decree approving the
articles of amendment;
(d) The title of the reorganization proceeding in which
the order or decree was entered; and
(e) A statement that the court had jurisdiction of the proceeding under federal statute.
(3) Shareholders of a corporation undergoing reorganization do not have dissenters' rights except as and to the
extent provided in the reorganization plan.
(4) This section does not apply after entry of a final
decree in the reorganization proceeding even though the
court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.
[1989 c 165 § 127.]
23B.10.090
23B.10.090 Effect of amendment of articles of incorporation. An amendment to articles of incorporation does
not affect a cause of action existing against or in favor of the
corporation, a proceeding to which the corporation is a party,
or the existing rights of persons other than shareholders of the
corporation. An amendment changing a corporation's name
does not abate a proceeding brought by or against the corporation in its former name. [1989 c 165 § 128.]
23B.10.200
23B.10.200 Amendment of bylaws by board of directors or shareholders. (1) A corporation's board of directors
may amend or repeal the corporation's bylaws, or adopt new
bylaws, unless:
(a) The articles of incorporation or this title reserve this
power exclusively to the shareholders in whole or part; or
(b) The shareholders, in amending or repealing a particular bylaw, provide expressly that the board of directors may
not amend or repeal that bylaw.
(2) A corporation's shareholders may amend or repeal
the corporation's bylaws, or adopt new bylaws, even though
the bylaws may also be amended or repealed, or new bylaws
may also be adopted, by its board of directors. [1989 c 165 §
129.]
23B.10.210
23B.10.210 Bylaw increasing quorum or voting
requirements for directors. (1) A bylaw that fixes a greater
quorum or voting requirement for the board of directors may
be amended or repealed:
(a) If originally adopted by the shareholders, only by the
shareholders; or
(b) If originally adopted by the board of directors, either
by the shareholders or by the board of directors.
(2) A bylaw adopted or amended by the shareholders that
fixes a greater quorum or voting requirement for the board of
directors may provide that it may be amended or repealed
only by a specified vote of either the shareholders or the
board of directors.
(3) If the corporation is a public company, action by the
board of directors under subsection (1)(b) of this section to
adopt or amend a bylaw that changes the quorum or voting
[Title 23B RCW—page 35]
Chapter 23B.11
Title 23B RCW: Washington Business Corporation Act
requirement for the board of directors must meet the quorum
requirement and be adopted by the vote required to take
action under the quorum and voting requirement then in
effect.
(4) If the corporation is not a public company, action by
the board of directors under subsection (1)(b) of this section
to adopt or amend a bylaw that changes the quorum or voting
requirement for the board of directors must meet the same
quorum requirement and be adopted by the same vote
required to take action under the quorum and voting requirement then in effect or proposed to be adopted, whichever is
greater. [1989 c 165 § 130.]
Chapter 23B.11
Chapter 23B.11 RCW
MERGER AND SHARE EXCHANGE
Sections
23B.11.010
23B.11.020
23B.11.030
23B.11.035
23B.11.040
23B.11.050
23B.11.060
23B.11.070
23B.11.080
23B.11.090
23B.11.100
23B.11.110
Merger.
Share exchange.
Action on plan of merger or share exchange.
Plan of merger or share exchange—Separate voting group.
Merger of subsidiary.
Articles of merger or share exchange.
Effect of merger or share exchange.
Merger or share exchange with foreign corporation.
Merger.
Articles of merger.
Merger—Corporation is surviving entity.
Merger with foreign and domestic entities—Effect.
23B.11.010
23B.11.010 Merger. (1) One or more corporations may
merge into another corporation if the board of directors of
each corporation adopts and its shareholders, if required by
RCW 23B.11.030, approve a plan of merger.
(2) The plan of merger must set forth:
(a) The name of each corporation planning to merge and
the name of the surviving corporation into which each other
corporation plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the shares of
each corporation into shares, obligations, or other securities
of the surviving or any other corporation or into cash or other
property in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the articles of incorporation of the
surviving corporation; and
(b) Other provisions relating to the merger. [1989 c 165
§ 131.]
23B.11.020
23B.11.020 Share exchange. (1) A corporation may
acquire all of the outstanding shares of one or more classes or
series of another corporation if the board of directors of each
corporation adopts and its shareholders, if required by RCW
23B.11.030, approve the exchange.
(2) The plan of exchange must set forth:
(a) The name of the corporation whose shares will be
acquired and the name of the acquiring corporation;
(b) The terms and conditions of the exchange;
(c) The manner and basis of exchanging the shares to be
acquired for shares, obligations, or other securities of the
acquiring or any other corporation or for cash or other property in whole or part.
[Title 23B RCW—page 36]
(3) The plan of exchange may set forth other provisions
relating to the exchange.
(4) This section does not limit the power of a corporation
to acquire all or part of the shares of one or more classes or
series of another corporation through a voluntary exchange or
otherwise. [1989 c 165 § 132.]
23B.11.030 Action on plan of merger or share
exchange. (1) After adopting a plan of merger or share
exchange, the board of directors of each corporation party to
the merger, and the board of directors of the corporation
whose shares will be acquired in the share exchange, shall
submit the plan of merger, except as provided in subsection
(7) of this section, or share exchange for approval by its
shareholders.
(2) For a plan of merger or share exchange to be
approved:
(a) The board of directors must recommend the plan of
merger or share exchange to the shareholders, unless the
board of directors determines that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination
to the shareholders with the plan; and
(b) The shareholders entitled to vote must approve the
plan, except as provided in subsection (7) of this section.
(3) The board of directors may condition its submission
of the proposed plan of merger or share exchange on any
basis, including the affirmative vote of holders of a specified
percentage of shares held by any group of shareholders not
otherwise entitled under this title or the articles of incorporation to vote as a separate voting group on the proposed plan
of merger or share exchange.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders'
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of the
meeting is to consider the plan of merger or share exchange
and must contain or be accompanied by a copy or summary
of the plan.
(5) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
plan of merger to be authorized must be approved by twothirds of the voting group comprising all the votes entitled to
be cast on the plan, and of each other voting group entitled
under RCW 23B.11.035 or the articles of incorporation to
vote separately on the plan, unless shareholder action is not
required under subsection (7) of this section. The articles of
incorporation may require a greater or lesser vote than that
provided in this subsection, or a greater or lesser vote by separate voting groups, so long as the required vote is not less
than a majority of all the votes entitled to be cast on the plan
of merger and of each other voting group entitled to vote separately on the plan. Separate voting by additional voting
groups is required on a plan of merger under the circumstances described in RCW 23B.11.035.
(6) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
plan of share exchange to be authorized must be approved by
two-thirds of the voting group comprising all the votes entitled to be cast on the plan, and of each other voting group
entitled under RCW 23B.11.035 or the articles of incorpora23B.11.030
(2004 Ed.)
Merger and Share Exchange
tion to vote separately on the plan. The articles of incorporation may require a greater or lesser vote than that provided in
this subsection, or a greater or lesser vote by separate voting
groups, so long as the required vote is not less than a majority
of all the votes entitled to be cast on the plan of share
exchange and of each other voting group entitled to vote separately on the plan. Separate voting by additional voting
groups is required on a plan of share exchange under the circumstances described in RCW 23B.11.035.
(7) Action by the shareholders of the surviving corporation on a plan of merger is not required if:
(a) The articles of incorporation of the surviving corporation will not differ, except for amendments enumerated in
RCW 23B.10.020, from its articles of incorporation before
the merger;
(b) Each shareholder of the surviving corporation whose
shares were outstanding immediately before the effective
date of the merger will hold the same number of shares, with
identical designations, preferences, limitations, and relative
rights, immediately after the merger;
(c) The number of voting shares outstanding immediately after the merger, plus the number of voting shares issuable as a result of the merger, either by the conversion of
securities issued pursuant to the merger or the exercise of
rights and warrants issued pursuant to the merger, will not
exceed the total number of voting shares of the surviving corporation authorized by its articles of incorporation immediately before the merger; and
(d) The number of participating shares outstanding
immediately after the merger, plus the number of participating shares issuable as a result of the merger, either by the conversion of securities issued pursuant to the merger or the
exercise of rights and warrants issued pursuant to the merger,
will not exceed the total number of participating shares
authorized by its articles of incorporation immediately before
the merger.
(8) As used in subsection (7) of this section:
(a) "Participating shares" means shares that entitle their
holders to participate without limitation in distributions.
(b) "Voting shares" means shares that entitle their holders to vote unconditionally in elections of directors.
(9) After a merger or share exchange is authorized, and
at any time before articles of merger or share exchange are
filed, the planned merger or share exchange may be abandoned, subject to any contractual rights, without further
shareholder action, in accordance with the procedure set forth
in the plan of merger or share exchange or, if none is set forth,
in the manner determined by the board of directors. [2003 c
35 § 6; 1989 c 165 § 133.]
23B.11.035 Plan of merger or share exchange—Separate voting group. (1) Except as otherwise required by
subsection (3) of this section or otherwise permitted by subsection (4) of this section, the holders of the outstanding
shares of a class or series are entitled to vote as a separate voting group on a proposed plan of merger or plan of share
exchange if shareholder voting is otherwise required by this
title and if, as a result of the proposed plan, holders of part or
all of the class or series would hold or receive:
(a) Shares of any class or series of the surviving or
acquiring corporation, or of any parent corporation of the sur23B.11.035
(2004 Ed.)
23B.11.035
viving corporation, and either (i) that class or series has a
greater number of authorized shares than the class or series
held by the holders prior to the merger or share exchange, or
(ii) the proposed plan effects a change in the number of
shares held by the holders, or in the rights, preferences, or
limitations of the shares they hold, or in the class or series of
shares they hold, and such change adversely affects the holders;
(b) Shares of any class or series of the surviving or
acquiring corporation, or of any parent corporation of the surviving corporation, and the holders who hold or receive
shares of that class or series are adversely affected under the
proposed plan, as compared to their circumstances prior to
the proposed merger or share exchange, by the creation,
existence, number of authorized shares, or rights or preferences with respect to distributions or to dissolution, of
another class or series of shares of the surviving, acquiring, or
parent corporation having rights or preferences with respect
to distributions or to dissolution that are, or upon designation
by the surviving, acquiring, or parent corporation's board of
directors may be, prior, superior, or substantially equal to the
shares of the class or series held or to be received by the holders in the proposed merger or share exchange; or
(c) Cash or any other form of consideration other than
shares of the surviving or acquiring corporation or of any parent corporation of the surviving corporation, received upon
redemption or cancellation of all or part of their shares pursuant to the proposed plan of merger or share exchange.
(2) If a proposed plan of merger or share exchange would
affect only a series of a class of shares in one or more of the
ways described in subsection (1) of this section, only the
shares of that series are entitled to vote as a separate voting
group on the proposed plan. A voting group entitled to vote
separately under this section may never comprise a group of
holders smaller than the holders of a single class or series
authorized and designated as a class or series in the articles of
incorporation, unless otherwise provided in the articles of
incorporation or unless the board of directors conditions its
submission of the proposed plan on a separate vote by one or
more smaller voting groups.
(3) If a proposed plan of merger or share exchange, that
would otherwise entitle two or more classes or series of
shares to vote as separate voting groups under this section,
would affect those two or more classes or series in the same
or a substantially similar way, then instead of voting as separate voting groups, the shares of all similarly affected classes
or series shall vote together as a single voting group on the
proposed plan of merger or share exchange, unless otherwise
provided in the articles of incorporation or unless the board of
directors conditions its submission of the proposed plan on a
separate vote by one or more classes or series. Holders of
shares of two or more classes or series of shares who will,
under a proposed plan, receive the same type of consideration
in the form of shares of the surviving or acquiring corporation
or of any parent corporation of the surviving corporation,
cash or other form of consideration, or the same combination
thereof, but in differing amounts resulting solely from application of provisions in the corporation's articles of incorporation governing distribution of consideration received in a
merger or share exchange, are affected in the same or a substantially similar way and are not, by reason of receiving the
[Title 23B RCW—page 37]
23B.11.040
Title 23B RCW: Washington Business Corporation Act
same types or differing amounts of consideration, entitled to
vote as separate voting groups on the proposed plan, unless
the articles of incorporation expressly require otherwise or
the board of directors conditions its submission of the proposed plan on a separate vote by one or more classes or
series.
(4) A class or series of shares is entitled to the voting
group rights granted by this section although the articles of
incorporation generally describe the shares of the class or
series as nonvoting shares. The articles of incorporation
may, however, limit or deny the voting group rights granted
by this section as to any class or series of issued or unissued
shares, by means of a provision that makes explicit reference
to the limitation or denial of voting group rights that would
otherwise apply under this section. [2003 c 35 § 7.]
23B.11.040
23B.11.040 Merger of subsidiary. (1) A parent corporation owning at least ninety percent of the outstanding
shares of each class of a subsidiary corporation may merge
the subsidiary into itself without approval of the shareholders
of the parent or subsidiary.
(2) The board of directors of the parent shall adopt a plan
of merger that sets forth:
(a) The names of the parent and subsidiary; and
(b) The manner and basis of converting the shares of the
subsidiary into shares, obligations, or other securities of the
parent or any other corporation or into cash or other property
in whole or part.
(3) Within ten days after the corporate action is taken,
the parent shall deliver a notice to each shareholder of the
subsidiary, which notice shall include a copy of the plan of
merger.
(4) Articles of merger under this section may not contain
amendments to the articles of incorporation of the parent corporation, except for amendments enumerated in RCW
23B.10.020. [2002 c 297 § 34; 1989 c 165 § 134.]
23B.11.050
23B.11.050 Articles of merger or share exchange.
After a plan of merger or share exchange is approved by the
shareholders, or adopted by the board of directors if shareholder approval is not required, the surviving or acquiring
corporation shall deliver to the secretary of state for filing
articles of merger or share exchange setting forth:
(1) The plan of merger or share exchange;
(2) If shareholder approval was not required, a statement
to that effect; or
(3) If approval of the shareholders of one or more corporations party to the merger or share exchange was required, a
statement that the merger or share exchange was duly
approved by the shareholders pursuant to RCW 23B.11.030.
[1989 c 165 § 135.]
23B.11.060
23B.11.060 Effect of merger or share exchange. (1)
When a merger takes effect:
(a) Every other corporation party to the merger merges
into the surviving corporation and the separate existence of
every corporation except the surviving corporation ceases;
(b) The title to all real estate and other property owned
by each corporation party to the merger is vested in the surviving corporation without reversion or impairment;
[Title 23B RCW—page 38]
(c) The surviving corporation has all liabilities of each
corporation party to the merger;
(d) A proceeding pending against any corporation party
to the merger may be continued as if the merger did not occur
or the surviving corporation may be substituted in the proceeding for the corporation whose existence ceased;
(e) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of
merger; and
(f) The former holders of the shares of every corporation
party to the merger are entitled only to the rights provided in
the articles of merger or to their rights under chapter 23B.13
RCW.
(2) When a share exchange takes effect, the shares of
each acquired corporation are exchanged as provided in the
plan, and the former holders of the shares are entitled only to
the exchange rights provided in the articles of share exchange
or to their rights under chapter 23B.13 RCW. [1989 c 165 §
136.]
23B.11.070
23B.11.070 Merger or share exchange with foreign
corporation. (1) One or more foreign corporations may
merge or enter into a share exchange with one or more
domestic corporations if:
(a) In a merger, the merger is permitted by the law of the
state or country under whose law each foreign corporation is
incorporated and each foreign corporation complies with that
law in effecting the merger;
(b) In a share exchange, the corporation whose shares
will be acquired is a domestic corporation, whether or not a
share exchange is permitted by the law of the state or country
under whose law the acquiring corporation is incorporated;
(c) The foreign corporation complies with RCW
23B.11.050 if it is the surviving corporation of the merger or
acquiring corporation of the share exchange; and
(d) Each domestic corporation complies with the applicable provisions of RCW 23B.11.010 through 23B.11.040
and, if it is the surviving corporation of the merger or acquirin g corporation o f the share exchange, with RCW
23B.11.050.
(2) Upon the merger or share exchange taking effect, the
surviving foreign corporation of a merger and the acquiring
foreign corporation of a share exchange is deemed:
(a) To appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or
the rights of dissenting shareholders of each domestic corporation party to the merger or share exchange; and
(b) To agree that it will promptly pay to the dissenting
shareholders of each domestic corporation party to the
merger or share exchange the amount, if any, to which they
are entitled under chapter 23B.13 RCW.
(3) This section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more
classes or series of a domestic corporation through a voluntary exchange or otherwise. [1989 c 165 § 137.]
23B.11.080
23B.11.080 Merger. (1) One or more domestic corporations may merge with one or more limited liability companies, partnerships, or limited partnerships if:
(2004 Ed.)
Merger and Share Exchange
(a) The board of directors of each corporation adopts and
the shareholders of each corporation approve, if approval
would be necessary, the plan of merger as required by RCW
23B.11.030;
(b) The partners of each limited partnership approve the
plan of merger as required by RCW 25.10.810;
(c) The partners of each partnership approve the plan of
merger as required by RCW 25.05.375; and
(d) The members of each limited liability company
approve, if approval is necessary, the plan of merger as
required by RCW 25.15.400.
(2) The plan of merger must set forth:
(a) The name of each limited liability company, partnership, corporation, and limited partnership planning to merge
and the name of the surviving limited liability company, partnership, corporation, or limited partnership into which each
other limited liability company, partnership, corporation, or
limited partnership plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the shares of
each corporation, the member interests of each limited liability company, and the partnership interests in each partnership
and each limited partnership into shares, limited liability
company member interests, partnership interests, obligations[,] or other securities of the surviving limited liability
company, partnership, corporation, or limited partnership, or
into cash or other property, including shares, obligations, or
securities of any other limited liability company, partnership,
or corporation, and partnership interests, obligations, or securities of any other limited partnership, in whole or in part.
(3) The plan of merger may set forth:
(a) Amendments to the articles of incorporation of the
surviving corporation;
(b) Amendments to the certificate of limited partnership
of the surviving limited partnership; and
(c) Other provisions relating to the merger. [1998 c 103
§ 1310; 1991 c 269 § 38.]
23B.11.090 Articles of merger. After a plan of merger
for one or more corporations and one or more limited partnerships, one or more partnerships, or one or more limited liability companies is approved by the shareholders of each corporation (or adopted by the board of directors of any corporation for which shareholder approval is not required), is
approved by the partners for each limited partnership as
required by RCW 25.10.810, is approved by the partners of
each partnership as required by RCW 25.05.380, or is
approved by the members of each limited liability company
as required by RCW 25.15.400, the surviving entity must:
(1) If the surviving entity is a corporation, file with the
secretary of state articles of merger setting forth:
(a) The plan of merger;
(b) A statement that the merger was duly approved by
the shareholders of each corporation pursuant to RCW
23B.11.030 (or a statement that shareholder approval was not
required for a merging corporation); and
(c) A statement that the merger was duly approved by the
partners of each limited partnership pursuant to RCW
25.10.810.
(2) If the surviving entity is a limited partnership, comply with the requirements in RCW 25.10.820.
23B.11.090
(2004 Ed.)
23B.11.110
(3) If the surviving entity is a partnership, comply with
the requirements in RCW 25.05.380.
(4) If the surviving entity is a limited liability company,
comply with the requirements in RCW 25.15.405. [1998 c
103 § 1311; 1991 c 269 § 39.]
23B.11.100
23B.11.100 Merger—Corporation is surviving
entity. When a merger of one or more corporations, one or
more limited partnerships, one or more partnerships, or one
or more limited liability companies takes effect, and a corporation is the surviving entity:
(1) Every other corporation, every limited partnership,
every partnership, and every limited liability company party
to the merger merges into the surviving corporation and the
separate existence of every corporation except the surviving
corporation, and every limited partnership, partnership, and
limited liability company, ceases;
(2) The title to all real estate and other property owned
by each corporation, limited partnership, partnership, and
limited liability company party to the merger is vested in the
surviving corporation without reversion or impairment;
(3) The surviving corporation has all the liabilities of
each corporation, limited partnership, partnership, and limited liability company party to the merger;
(4) A proceeding pending against any corporation, limited partnership, partnership, or limited liability company
party to the merger may be continued as if the merger did not
occur or the surviving corporation may be substituted in the
proceeding for the corporation, limited partnership, partnership, or limited liability company whose existence ceased;
(5) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of
merger;
(6) The former holders of the shares of every corporation
party to the merger are entitled only to the rights provided in
the plan of merger or to their rights under chapter 23B.13
RCW; and
(7) The former holders of partnership interests of every
limited partnership or partnership party to the merger and the
former holders of member interests of every limited liability
company party to the merger are entitled only to the rights
provided in the plan of merger or to their rights under chapter
25.10 RCW. [1998 c 103 § 1312; 1991 c 269 § 40.]
23B.11.110
23B.11.110 Merger with foreign and domestic entities—Effect. (1) One or more foreign limited partnerships,
foreign corporations, foreign partnerships, and foreign limited liability companies may merge with one or more domestic partnerships, domestic limited liability companies,
domestic limited partnerships, or domestic corporations, provided that:
(a) The merger is permitted by the law of the jurisdiction
under which each foreign limited partnership was organized
and the law of the state or country under which each foreign
corporation was incorporated and each foreign limited partnership or foreign corporation complies with that law in
effecting the merger;
(b) If the surviving entity is a foreign or domestic corporation, that corporation complies with RCW 23B.11.090;
[Title 23B RCW—page 39]
Chapter 23B.12
Title 23B RCW: Washington Business Corporation Act
(c) If the surviving entity is a foreign or domestic limited
partnership, that limited partnership complies with RCW
25.10.820;
(d) Each domestic corporation complies with RCW
23B.11.080;
(e) Each domestic limited partnership complies with
RCW 25.10.810;
(f) Each domestic limited liability company complies
with RCW 25.15.400; and
(g) Each domestic partnership complies with RCW
25.05.375.
(2) Upon the merger taking effect, a surviving foreign
corporation, foreign limited partnership, foreign limited liability corporation, or foreign partnership is deemed:
(a) To appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or
the rights of dissenting shareholders or partners of each
domestic corporation, domestic limited partnership, domestic
limited liability company, or domestic partnership party to
the merger; and
(b) To agree that it will promptly pay to the dissenting
shareholders or partners of each domestic corporation,
domestic limited partnership, domestic limited liability company, or domestic partnership party to the merger the amount,
if any, to which they are entitled under chapter 23B.13 RCW,
in the case of dissenting shareholders, or under chapter 25.10,
25.15, or 25.05 RCW, in the case of dissenting partners.
[1998 c 103 § 1313; 1991 c 269 § 41.]
Chapter 23B.12
Chapter 23B.12 RCW
SALE OF ASSETS
Sections
23B.12.010 Sale of assets in regular course of business and mortgage of
assets.
23B.12.020 Sale of assets other than in the regular course of business.
23B.12.010
23B.12.010 Sale of assets in regular course of business and mortgage of assets. (1) A corporation may on the
terms and conditions and for the consideration determined by
the board of directors:
(a) Sell, lease, exchange, or otherwise dispose of all, or
substantially all, of its property in the usual and regular
course of business; or
(b) Mortgage, pledge, dedicate to the repayment of
indebtedness, whether with or without recourse, or otherwise
encumber any or all of its property whether or not in the usual
and regular course of business.
(2) Unless the articles of incorporation require it,
approval by the shareholders of a transaction described in
subsection (1) of this section is not required. [1990 c 178 §
12; 1989 c 165 § 138.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.12.020
23B.12.020 Sale of assets other than in the regular
course of business. (1) A corporation may sell, lease,
exchange, or otherwise dispose of all, or substantially all, of
its property, otherwise than in the usual and regular course of
business, on the terms and conditions and for the consideration determined by the corporation's board of directors, if
[Title 23B RCW—page 40]
the board of directors proposes and its shareholders approve
the proposed transaction.
(2) For a transaction to be authorized:
(a) The board of directors must recommend the proposed
transaction to the shareholders unless the board of directors
determines that because of conflict of interest or other special
circumstances it should make no recommendation and communicates the basis for its determination to the shareholders
with the submission of the proposed transaction; and
(b) The shareholders entitled to vote must approve the
transaction.
(3) The board of directors may condition its submission
of the proposed transaction on any basis, including the affirmative vote of holders of a specified percentage of shares
held by any group of shareholders not otherwise entitled
under this title or the articles of incorporation to vote as a separate voting group on the proposed transaction.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders'
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of the
meeting is to consider the sale, lease, exchange, or other disposition of all, or substantially all, the property of the corporation and contain or be accompanied by a description of the
transaction.
(5) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
transaction to be authorized must be approved by two-thirds
of the voting group comprising all the votes entitled to be cast
on the transaction, and of each other voting group entitled
under the articles of incorporation to vote separately on the
transaction. The articles of incorporation may require a
greater or lesser vote than provided in this subsection, or a
greater or lesser vote by any separate voting groups provided
for in the articles of incorporation, so long as the required
vote is not less than a majority of all the votes entitled to be
cast on the transaction and of each other voting group entitled
to vote separately on the transaction.
(6) After a sale, lease, exchange, or other disposition of
property is authorized, the transaction may be abandoned,
subject to any contractual rights, without further shareholder
action, in a manner determined by the board of directors.
(7) A transaction that constitutes a distribution is governed by RCW 23B.06.400 and not by this section. [2003 c
35 § 8; 1989 c 165 § 139.]
Chapter 23B.13
Chapter 23B.13 RCW
DISSENTERS' RIGHTS
Sections
23B.13.010
23B.13.020
23B.13.030
23B.13.200
23B.13.210
23B.13.220
23B.13.230
23B.13.240
23B.13.250
23B.13.260
23B.13.270
23B.13.280
23B.13.300
23B.13.310
Definitions.
Right to dissent.
Dissent by nominees and beneficial owners.
Notice of dissenters' rights.
Notice of intent to demand payment.
Dissenters' rights—Notice.
Duty to demand payment.
Share restrictions.
Payment.
Failure to take action.
After-acquired shares.
Procedure if shareholder dissatisfied with payment or offer.
Court action.
Court costs and counsel fees.
(2004 Ed.)
Dissenters' Rights
23B.13.010
23B.13.010 Definitions. As used in this chapter:
(1) "Corporation" means the issuer of the shares held by
a dissenter before the corporate action, or the surviving or
acquiring corporation by merger or share exchange of that
issuer.
(2) "Dissenter" means a shareholder who is entitled to
dissent from corporate action under RCW 23B.13.020 and
who exercises that right when and in the manner required by
RCW 23B.13.200 through 23B.13.280.
(3) "Fair value," with respect to a dissenter's shares,
means the value of the shares immediately before the effective date of the corporate action to which the dissenter
objects, excluding any appreciation or depreciation in anticipation of the corporate action unless exclusion would be
inequitable.
(4) "Interest" means interest from the effective date of
the corporate action until the date of payment, at the average
rate currently paid by the corporation on its principal bank
loans or, if none, at a rate that is fair and equitable under all
the circumstances.
(5) "Record shareholder" means the person in whose
name shares are registered in the records of a corporation or
the beneficial owner of shares to the extent of the rights
granted by a nominee certificate on file with a corporation.
(6) "Beneficial shareholder" means the person who is a
beneficial owner of shares held in a voting trust or by a nominee as the record shareholder.
(7) "Shareholder" means the record shareholder or the
beneficial shareholder. [1989 c 165 § 140.]
23B.13.020
23B.13.020 Right to dissent. (1) A shareholder is entitled to dissent from, and obtain payment of the fair value of
the shareholder's shares in the event of, any of the following
corporate actions:
(a) Consummation of a plan of merger to which the corporation is a party (i) if shareholder approval is required for
the merger by RCW 23B.11.030, 23B.11.080, or the articles
of incorporation, and the shareholder is entitled to vote on the
merger, or (ii) if the corporation is a subsidiary that is merged
with its parent under RCW 23B.11.040;
(b) Consummation of a plan of share exchange to which
the corporation is a party as the corporation whose shares will
be acquired, if the shareholder is entitled to vote on the plan;
(c) Consummation of a sale or exchange of all, or substantially all, of the property of the corporation other than in
the usual and regular course of business, if the shareholder is
entitled to vote on the sale or exchange, including a sale in
dissolution, but not including a sale pursuant to court order or
a sale for cash pursuant to a plan by which all or substantially
all of the net proceeds of the sale will be distributed to the
shareholders within one year after the date of sale;
(d) An amendment of the articles of incorporation,
whether or not the shareholder was entitled to vote on the
amendment, if the amendment effects a redemption or cancellation of all of the shareholder's shares in exchange for
cash or other consideration other than shares of the corporation; or
(e) Any corporate action taken pursuant to a shareholder
vote to the extent the articles of incorporation, bylaws, or a
resolution of the board of directors provides that voting or
(2004 Ed.)
23B.13.200
nonvoting shareholders are entitled to dissent and obtain payment for their shares.
(2) A shareholder entitled to dissent and obtain payment
for the shareholder's shares under this chapter may not challenge the corporate action creating the shareholder's entitlement unless the action fails to comply with the procedural
requirements imposed by this title, RCW 25.10.900 through
25.10.955, the articles of incorporation, or the bylaws, or is
fraudulent with respect to the shareholder or the corporation.
(3) The right of a dissenting shareholder to obtain payment of the fair value of the shareholder's shares shall terminate upon the occurrence of any one of the following events:
(a) The proposed corporate action is abandoned or
rescinded;
(b) A court having jurisdiction permanently enjoins or
sets aside the corporate action; or
(c) The shareholder's demand for payment is withdrawn
with the written consent of the corporation. [2003 c 35 § 9;
1991 c 269 § 37; 1989 c 165 § 141.]
23B.13.030
23B.13.030 Dissent by nominees and beneficial owners. (1) A record shareholder may assert dissenters' rights as
to fewer than all the shares registered in the shareholder's
name only if the shareholder dissents with respect to all
shares beneficially owned by any one person and delivers to
the corporation a notice of the name and address of each person on whose behalf the shareholder asserts dissenters' rights.
The rights of a partial dissenter under this subsection are
determined as if the shares as to which the dissenter dissents
and the dissenter's other shares were registered in the names
of different shareholders.
(2) A beneficial shareholder may assert dissenters' rights
as to shares held on the beneficial shareholder's behalf only
if:
(a) The beneficial shareholder submits to the corporation
the record shareholder's consent to the dissent not later than
the time the beneficial shareholder asserts dissenters' rights,
which consent shall be set forth either (i) in a record or (ii) if
the corporation has designated an address, location, or system
to which the consent may be electronically transmitted and
the consent is electronically transmitted to the designated
address, location, or system, in an electronically transmitted
record; and
(b) The beneficial shareholder does so with respect to all
shares of which such shareholder is the beneficial shareholder or over which such shareholder has power to direct the
vote. [2002 c 297 § 35; 1989 c 165 § 142.]
23B.13.200
23B.13.200 Notice of dissenters' rights. (1) If proposed corporate action creating dissenters' rights under RCW
23B.13.020 is submitted to a vote at a shareholders' meeting,
the meeting notice must state that shareholders are or may be
entitled to assert dissenters' rights under this chapter and be
accompanied by a copy of this chapter.
(2) If corporate action creating dissenters' rights under
RCW 23B.13.020 is taken without a vote of shareholders, the
corporation, within ten days after the effective date of such
corporate action, shall deliver a notice to all shareholders
entitled to assert dissenters' rights that the action was taken
[Title 23B RCW—page 41]
23B.13.210
Title 23B RCW: Washington Business Corporation Act
and send them the notice described in RCW 23B.13.220.
[2002 c 297 § 36; 1989 c 165 § 143.]
23B.13.210
23B.13.210 Notice of intent to demand payment. (1)
If proposed corporate action creating dissenters' rights under
RCW 23B.13.020 is submitted to a vote at a shareholders'
meeting, a shareholder who wishes to assert dissenters' rights
must (a) deliver to the corporation before the vote is taken
notice of the shareholder's intent to demand payment for the
shareholder's shares if the proposed action is effected, and (b)
not vote such shares in favor of the proposed action.
(2) A shareholder who does not satisfy the requirements
of subsection (1) of this section is not entitled to payment for
the shareholder's shares under this chapter. [2002 c 297 § 37;
1989 c 165 § 144.]
23B.13.220
23B.13.220 Dissenters' rights—Notice. (1) If proposed corporate action creating dissenters' rights under RCW
23B.13.020 is authorized at a shareholders' meeting, the corporation shall deliver a notice to all shareholders who satisfied the requirements of RCW 23B.13.210.
(2) The notice must be sent within ten days after the
effective date of the corporate action, and must:
(a) State where the payment demand must be sent and
where and when certificates for certificated shares must be
deposited;
(b) Inform holders of uncertificated shares to what extent
transfer of the shares will be restricted after the payment
demand is received;
(c) Supply a form for demanding payment that includes
the date of the first announcement to news media or to shareholders of the terms of the proposed corporate action and
requires that the person asserting dissenters' rights certify
whether or not the person acquired beneficial ownership of
the shares before that date;
(d) Set a date by which the corporation must receive the
payment demand, which date may not be fewer than thirty
nor more than sixty days after the date the notice in subsection (1) of this section is delivered; and
(e) Be accompanied by a copy of this chapter. [2002 c
297 § 38; 1989 c 165 § 145.]
23B.13.240
23B.13.240 Share restrictions. (1) The corporation
may restrict the transfer of uncertificated shares from the date
the demand for their payment is received until the proposed
corporate action is effected or the restriction is released under
RCW 23B.13.260.
(2) The person for whom dissenters' rights are asserted as
to uncertificated shares retains all other rights of a shareholder until the effective date of the proposed corporate
action. [1989 c 165 § 147.]
23B.13.250
23B.13.250 Payment. (1) Except as provided in RCW
23B.13.270, within thirty days of the later of the effective
date of the proposed corporate action, or the date the payment
demand is received, the corporation shall pay each dissenter
who complied with RCW 23B.13.230 the amount the corporation estimates to be the fair value of the shareholder's
shares, plus accrued interest.
(2) The payment must be accompanied by:
(a) The corporation's balance sheet as of the end of a fiscal year ending not more than sixteen months before the date
of payment, an income statement for that year, a statement of
changes in shareholders' equity for that year, and the latest
available interim financial statements, if any;
(b) An explanation of how the corporation estimated the
fair value of the shares;
(c) An explanation of how the interest was calculated;
(d) A statement of the dissenter's right to demand payment under RCW 23B.13.280; and
(e) A copy of this chapter. [1989 c 165 § 148.]
23B.13.260
23B.13.260 Failure to take action. (1) If the corporation does not effect the proposed action within sixty days
after the date set for demanding payment and depositing
share certificates, the corporation shall return the deposited
certificates and release any transfer restrictions imposed on
uncertificated shares.
(2) If after returning deposited certificates and releasing
transfer restrictions, the corporation wishes to undertake the
proposed action, it must send a new dissenters' notice under
RCW 23B.13.220 and repeat the payment demand procedure.
[1989 c 165 § 149.]
23B.13.230
23B.13.230 Duty to demand payment. (1) A shareholder sent a notice described in RCW 23B.13.220 must
demand payment, certify whether the shareholder acquired
beneficial ownership of the shares before the date required to
be set forth in the notice pursuant to RCW 23B.13.220(2)(c),
and deposit the shareholder's certificates, all in accordance
with the terms of the notice.
(2) The shareholder who demands payment and deposits
the shareholder's share certificates under subsection (1) of
this section retains all other rights of a shareholder until the
proposed corporate action is effected.
(3) A shareholder who does not demand payment or
deposit the shareholder's share certificates where required,
each by the date set in the notice, is not entitled to payment
for the shareholder's shares under this chapter. [2002 c 297 §
39; 1989 c 165 § 146.]
[Title 23B RCW—page 42]
23B.13.270
23B.13.270 After-acquired shares. (1) A corporation
may elect to withhold payment required by RCW 23B.13.250
from a dissenter unless the dissenter was the beneficial owner
of the shares before the date set forth in the dissenters' notice
as the date of the first announcement to news media or to
shareholders of the terms of the proposed corporate action.
(2) To the extent the corporation elects to withhold payment under subsection (1) of this section, after taking the proposed corporate action, it shall estimate the fair value of the
shares, plus accrued interest, and shall pay this amount to
each dissenter who agrees to accept it in full satisfaction of
the dissenter's demand. The corporation shall send with its
offer an explanation of how it estimated the fair value of the
shares, an explanation of how the interest was calculated, and
a statement of the dissenter's right to demand payment under
RCW 23B.13.280. [1989 c 165 § 150.]
(2004 Ed.)
Dissolution
23B.13.280
23B.13.280 Procedure if shareholder dissatisfied
with payment or offer. (1) A dissenter may deliver a notice
to the corporation informing the corporation of the dissenter's
own estimate of the fair value of the dissenter's shares and
amount of interest due, and demand payment of the dissenter's estimate, less any payment under RCW 23B.13.250,
or reject the corporation's offer under RCW 23B.13.270 and
demand payment of the dissenter's estimate of the fair value
of the dissenter's shares and interest due, if:
(a) The dissenter believes that the amount paid under
RCW 23B.13.250 or offered under RCW 23B.13.270 is less
than the fair value of the dissenter's shares or that the interest
due is incorrectly calculated;
(b) The corporation fails to make payment under RCW
23B.13.250 within sixty days after the date set for demanding
payment; or
(c) The corporation does not effect the proposed action
and does not return the deposited certificates or release the
transfer restrictions imposed on uncertificated shares within
sixty days after the date set for demanding payment.
(2) A dissenter waives the right to demand payment
under this section unless the dissenter notifies the corporation
of the dissenter's demand under subsection (1) of this section
within thirty days after the corporation made or offered payment for the dissenter's shares. [2002 c 297 § 40; 1989 c 165
§ 151.]
23B.13.300
23B.13.300 Court action. (1) If a demand for payment
under RCW 23B.13.280 remains unsettled, the corporation
shall commence a proceeding within sixty days after receiving the payment demand and petition the court to determine
the fair value of the shares and accrued interest. If the corporation does not commence the proceeding within the sixtyday period, it shall pay each dissenter whose demand remains
unsettled the amount demanded.
(2) The corporation shall commence the proceeding in
the superior court of the county where a corporation's principal office, or, if none in this state, its registered office, is
located. If the corporation is a foreign corporation without a
registered office in this state, it shall commence the proceeding in the county in this state where the registered office of
the domestic corporation merged with or whose shares were
acquired by the foreign corporation was located.
(3) The corporation shall make all dissenters, whether or
not residents of this state, whose demands remain unsettled,
parties to the proceeding as in an action against their shares
and all parties must be served with a copy of the petition.
Nonresidents may be served by registered or certified mail or
by publication as provided by law.
(4) The corporation may join as a party to the proceeding
any shareholder who claims to be a dissenter but who has not,
in the opinion of the corporation, complied with the provisions of this chapter. If the court determines that such shareholder has not complied with the provisions of this chapter,
the shareholder shall be dismissed as a party.
(5) The jurisdiction of the court in which the proceeding
is commenced under subsection (2) of this section is plenary
and exclusive. The court may appoint one or more persons as
appraisers to receive evidence and recommend decision on
the question of fair value. The appraisers have the powers
described in the order appointing them, or in any amendment
(2004 Ed.)
Chapter 23B.14
to it. The dissenters are entitled to the same discovery rights
as parties in other civil proceedings.
(6) Each dissenter made a party to the proceeding is entitled to judgment (a) for the amount, if any, by which the court
finds the fair value of the dissenter's shares, plus interest,
exceeds the amount paid by the corporation, or (b) for the fair
value, plus accrued interest, of the dissenter's after-acquired
shares for which the corporation elected to withhold payment
under RCW 23B.13.270. [1989 c 165 § 152.]
23B.13.310
23B.13.310 Court costs and counsel fees. (1) The
court in a proceeding commenced under RCW 23B.13.300
shall determine all costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed
by the court. The court shall assess the costs against the corporation, except that the court may assess the costs against all
or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under RCW 23B.13.280.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the corporation and in favor of any or all dissenters if the court finds the corporation did not substantially
comply with the requirements of RCW 23B.13.200 through
23B.13.280; or
(b) Against either the corporation or a dissenter, in favor
of any other party, if the court finds that the party against
whom the fees and expenses are assessed acted arbitrarily,
vexatiously, or not in good faith with respect to the rights provided by chapter 23B.13 RCW.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not
be assessed against the corporation, the court may award to
these counsel reasonable fees to be paid out of the amounts
awarded the dissenters who were benefited. [1989 c 165 §
153.]
Chapter 23B.14
Chapter 23B.14 RCW
DISSOLUTION
Sections
23B.14.010
23B.14.020
23B.14.030
23B.14.040
23B.14.050
23B.14.060
23B.14.200
23B.14.203
23B.14.210
23B.14.220
23B.14.300
23B.14.310
23B.14.320
23B.14.330
23B.14.340
23B.14.390
Dissolution by initial directors or incorporators.
Dissolution by board of directors and shareholders.
Articles of dissolution.
Revocation of dissolution.
Effect of dissolution.
Known claims against a dissolved corporation.
Administrative dissolution—Grounds.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from name
of governmental entity—Application by governmental
entity.
Administrative dissolution—Procedure and effect.
Reinstatement following administrative dissolution—Application.
Judicial dissolution—Grounds.
Judicial dissolution—Procedure.
Receivership or custodianship.
Decree of dissolution—Other orders, decrees, and injunctions—Revenue clearance certificate.
Survival of remedy after dissolution.
Secretary of state—List of dissolved corporations.
[Title 23B RCW—page 43]
23B.14.010
Title 23B RCW: Washington Business Corporation Act
23B.14.392 Certificate of authority as insurance company—Filing of
records.
23B.14.400 Deposit with state treasurer.
23B.14.010
23B.14.010 Dissolution by initial directors or incorporators. A majority of the initial directors, or, if initial
directors were not named in the articles of incorporation and
have not been elected, the incorporators of a corporation that
either has not issued shares or has not commenced business
may dissolve the corporation by delivering to the secretary of
state for filing:
(1) A copy of a revenue clearance certificate issued pursuant to RCW 82.32.260; and
(2) Articles of dissolution that set forth:
(a) The name of the corporation;
(b) The date of its incorporation;
(c) Either (i) that none of the corporation's shares have
been issued or (ii) that the corporation has not commenced
business;
(d) That no debt of the corporation remains unpaid;
(e) That the net assets of the corporation remaining after
winding up have been distributed to the shareholders, if
shares were issued; and
(f) That a majority of the initial directors authorized the
dissolution, or that initial directors were not named in the
articles of incorporation and have not been elected and a
majority of incorporators authorized the dissolution. [1989 c
165 § 154.]
23B.14.020
23B.14.020 Dissolution by board of directors and
shareholders. (1) A corporation's board of directors may
propose dissolution for submission to the shareholders.
(2) For a proposal to dissolve to be adopted:
(a) The board of directors must recommend dissolution
to the shareholders unless the board of directors determines
that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders; and
(b) The shareholders entitled to vote must approve the
proposal to dissolve as provided in subsection (5) of this section.
(3) The board of directors may condition its submission
of the proposal for dissolution on any basis, including the
affirmative vote of holders of a specified percentage of shares
held by any group of shareholders not otherwise entitled
under this title or the articles of incorporation to vote as a separate voting group on the proposed dissolution.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders'
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of the
meeting is to consider dissolving the corporation.
(5) In addition to any other voting conditions imposed by
the board of directors under subsection (3) of this section, the
proposal to dissolve must be approved by two-thirds of the
voting group comprising all the votes entitled to be cast on
the proposal, and of each other voting group entitled under
the articles of incorporation to vote separately on the proposal. The articles of incorporation may require a greater or
lesser vote than provided in this subsection, or a greater or
lesser vote by any separate voting groups provided for in the
[Title 23B RCW—page 44]
articles of incorporation, so long as the required vote is not
less than a majority of all the votes entitled to be cast on the
proposal and of each other voting group entitled to vote separately on the proposal. [2003 c 35 § 10; 1989 c 165 § 155.]
23B.14.030
23B.14.030 Articles of dissolution. (1) At any time
after dissolution is authorized, the corporation may dissolve
by delivering to the secretary of state for filing:
(a) A copy of a revenue clearance certificate issued pursuant to RCW 82.32.260; and
(b) Articles of dissolution setting forth:
(i) The name of the corporation;
(ii) The date dissolution was authorized; and
(iii) If shareholder approval was required for dissolution,
a statement that dissolution was duly approved by the shareholders in accordance with RCW 23B.14.020.
(2) A corporation is dissolved upon the effective date of
its articles of dissolution. [1989 c 165 § 156.]
23B.14.040
23B.14.040 Revocation of dissolution. (1) A corporation may revoke its dissolution within one hundred twenty
days of its effective date.
(2) Revocation of dissolution must be authorized in the
same manner as the dissolution was authorized unless that
authorization permitted revocation by action of the board of
directors alone, in which event the board of directors may
revoke the dissolution without shareholder action.
(3) After the revocation of dissolution is authorized, the
corporation may revoke the dissolution by delivering to the
secretary of state for filing articles of revocation of dissolution, together with a copy of its articles of dissolution, that set
forth:
(a) The name of the corporation and a statement that
such name satisfies the requirements of RCW 23B.04.010; if
the name is not available, the corporation must file articles of
amendment changing its name with the articles of revocation
of dissolution;
(b) The effective date of the dissolution that was
revoked;
(c) The date that the revocation of dissolution was authorized;
(d) If the corporation's board of directors, or incorporators, revoked the dissolution, a statement to that effect;
(e) If the corporation's board of directors revoked a dissolution authorized by the shareholders, a statement that
revocation was permitted by action by the board of directors
alone pursuant to that authorization; and
(f) If shareholder action was required to revoke the dissolution, a statement that revocation of the dissolution was
duly approved by the shareholders in accordance with RCW
23B.14.040(2) and 23B.14.020.
(4) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution.
(5) When the revocation of dissolution is effective, it
relates back to and takes effect as of the effective date of the
dissolution and the corporation resumes carrying on its business as if dissolution had never occurred. [1989 c 165 § 157.]
23B.14.050
23B.14.050 Effect of dissolution. (1) A dissolved corporation continues its corporate existence but may not carry
(2004 Ed.)
Dissolution
on any business except that appropriate to wind up and liquidate its business and affairs, including:
(a) Collecting its assets;
(b) Disposing of its properties that will not be distributed
in kind to its shareholders;
(c) Discharging or making provision for discharging its
liabilities;
(d) Distributing its remaining property among its shareholders according to their interests; and
(e) Doing every other act necessary to wind up and liquidate its business and affairs.
(2) Dissolution of a corporation does not:
(a) Transfer title to the corporation's property;
(b) Prevent transfer of its shares or securities, although
the authorization to dissolve may provide for closing the corporation's share transfer records;
(c) Subject its directors or officers to standards of conduct different from those prescribed in chapter 23B.08 RCW;
(d) Change quorum or voting requirements for its board
of directors or shareholders; change provisions for selection,
resignation, or removal of its directors or officers or both; or
change provisions for amending its bylaws;
(e) Prevent commencement of a proceeding by or against
the corporation in its corporate name;
(f) Abate or suspend a proceeding pending by or against
the corporation on the effective date of dissolution; or
(g) Terminate the authority of the registered agent of the
corporation. [1989 c 165 § 158.]
23B.14.060
23B.14.060 Known claims against a dissolved corporation. (1) A dissolved corporation may dispose of the
known claims against it by following the procedure described
in this section.
(2) The dissolved corporation shall notify its known
claimants in writing of the dissolution at any time after its
effective date. The written notice must:
(a) Describe information that must be included in a
claim;
(b) Provide a mailing address where a claim may be sent;
(c) State the deadline, which may not be fewer than one
hundred twenty days from the effective date of the written
notice, by which the dissolved corporation must receive the
claim; and
(d) State that the claim will be barred if not received by
the deadline.
(3) A claim against the dissolved corporation is barred:
(a) If a claimant who was given written notice under subsection (2) of this section does not deliver the claim to the dissolved corporation by the deadline; or
(b) If a claimant whose claim was rejected by the dissolved corporation does not commence a proceeding to
enforce the claim within ninety days from the effective date
of the rejection notice.
(4) For purposes of this section, "claim" does not include
a contingent liability or a claim based on an event occurring
after the effective date of dissolution. [1989 c 165 § 159.]
23B.14.200
23B.14.200 Administrative dissolution—Grounds.
The secretary of state may administratively dissolve a corporation under RCW 23B.14.210 if:
(2004 Ed.)
23B.14.203
(1) The corporation does not pay any license fees or penalties, imposed by this title, when they become due;
(2) The corporation does not deliver its completed initial
report or annual report to the secretary of state when it is due;
(3) The corporation is without a registered agent or registered office in this state;
(4) The corporation does not notify the secretary of state
that its registered agent or registered office has been changed,
that its registered agent has resigned, or that its registered
office has been discontinued;
(5) The corporation's period of duration stated in its articles of incorporation expired after July 1, 1990; or
(6) The corporation's period of duration stated in its articles of incorporation expired prior to July 1, 1990, but the
corporation has timely paid all license fees imposed by this
title and set by rule by the secretary, has timely filed annual
reports with the secretary of state, has never been without a
registered agent or registered office in this state for sixty days
or more, and has never failed to notify the secretary of state
of changes in a registered agent or registered office within
sixty days of such change. [1994 c 287 § 7; 1991 c 72 § 37;
1990 c 178 § 5; 1989 c 165 § 160.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.14.203
23B.14.203 Administrative dissolution or revocation
of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. (1) Any county, city, town,
district, or other political subdivision of the state, or the state
of Washington or any department or agency of the state, may
apply to the secretary of state for the administrative dissolution, or the revocation of a certificate of authority, of any corporation using a name that is not distinguishable from the
name of the applicant for dissolution. The application must
state the precise legal name of the governmental entity and its
date of formation and the applicant shall mail a copy to the
corporation's registered agent. If the name of the corporation
is not distinguishable from the name of the applicant, then,
except as provided in subsection (4) of this section, the secretary shall commence proceedings for administrative dissolution under RCW 23B.14.210 or revocation of the certificate
of authority.
(2) A name may not be considered distinguishable by
virtue of:
(a) A variation in any of the following designations, or in
the order in which the designation appears with respect to
other words in the name: "County"; "city"; "town"; "district";
or "department";
(b) The addition of any of the designations listed in
RCW 23B.04.010(1)(a);
(c) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(d) Punctuation, capitalization, or special characters or
symbols in the same name; or
(e) Use of an abbreviation or the plural form of a word in
the same name.
(3)(a) The following are not distinguishable for purposes
of this section:
(i) "City of Anytown" and "City of Anytown, Inc."; and
(ii) "City of Anytown" and "Anytown City."
[Title 23B RCW—page 45]
23B.14.210
Title 23B RCW: Washington Business Corporation Act
(b) The following are distinguishable for purposes of this
section:
(i) "City of Anytown" and "Anytown, Inc.";
(ii) "City of Anytown" and "The Anytown Company";
and
(iii) "City of Anytown" and "Anytown Cafe, Inc."
(4) If the corporation that is the subject of the application
was incorporated or certified before the formation of the
applicant as a governmental entity, then this section applies
only if the applicant for dissolution provides a certified copy
of a final judgment of a court of competent jurisdiction determining that the applicant holds a superior property right to
the name than does the corporation.
(5) The duties of the secretary of state under this section
are ministerial. [1997 c 12 § 1.]
dissolution and the corporation resumes carrying on its business as if the administrative dissolution had never occurred.
(4) The application must be authorized either by action
of the shareholders, or of the corporation's board of directors,
membership in both groups determined as of the date of
administrative dissolution. If vacancies in the board of directors occur after the date of dissolution, the shareholders, or
the remaining directors, even if less than a quorum of the
board, may fill the vacancies. A special meeting of the shareholders for purposes of authorizing the application for reinstatement, or for purposes of electing directors, may be called
by any person who was an officer, director, or shareholder of
the corporation at the time of administrative dissolution.
[1995 c 47 § 2; 1989 c 165 § 162.]
23B.14.300
23B.14.210
23B.14.210 Administrative dissolution—Procedure
and effect. (1) If the secretary of state determines that one or
more grounds exist under RCW 23B.14.200 for dissolving a
corporation, the secretary of state shall give the corporation
written notice of the determination by first-class mail, postage prepaid.
(2) If the corporation does not correct each ground for
dissolution or demonstrate to the reasonable satisfaction of
the secretary of state that each ground determined by the secretary of state does not exist within sixty days after notice is
effective, the secretary of state shall administratively dissolve
the corporation and give the corporation written notice of the
dissolution that recites the ground or grounds therefor and its
effective date.
(3) A corporation administratively dissolved continues
its corporate existence but may not carry on any business
except that necessary to wind up and liquidate its business
and affairs under RCW 23B.14.050 and notify claimants
under RCW 23B.14.060.
(4) The administrative dissolution of a corporation does
not terminate the authority of its registered agent. [1989 c
165 § 161.]
23B.14.220
23B.14.220 Reinstatement following administrative
dissolution—Application. (1) A corporation administratively dissolved under RCW 23B.14.210 may apply to the
secretary of state for reinstatement within five years after the
effective date of dissolution. The application must:
(a) Recite the name of the corporation and the effective
date of its administrative dissolution;
(b) State that the ground or grounds for dissolution either
did not exist or have been eliminated; and
(c) State that the corporation's name satisfies the requirements of RCW 23B.04.010.
(2) If the secretary of state determines that the application contains the information required by subsection (1) of
this section and that the name is available, the secretary of
state shall reinstate the corporation and give the corporation
written notice of the reinstatement that recites the effective
date of reinstatement. If the name is not available, the corporation must file articles of amendment changing its name
with its application for reinstatement.
(3) When the reinstatement is effective, it relates back to
and takes effect as of the effective date of the administrative
[Title 23B RCW—page 46]
23B.14.300 Judicial dissolution—Grounds. The
superior courts may dissolve a corporation:
(1) In a proceeding by the attorney general if it is established that:
(a) The corporation obtained its articles of incorporation
through fraud; or
(b) The corporation has continued to exceed or abuse the
authority conferred upon it by law;
(2) In a proceeding by a shareholder if it is established
that:
(a) The directors are deadlocked in the management of
the corporate affairs, the shareholders are unable to break the
deadlock, and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the corporation can no longer be conducted to the advantage of the
shareholders generally, because of the deadlock;
(b) The directors or those in control of the corporation
have acted, are acting, or will act in a manner that is illegal,
oppressive, or fraudulent;
(c) The shareholders are deadlocked in voting power and
have failed, for a period that includes at least two consecutive
annual meeting dates, to elect successors to directors whose
terms have expired, and irreparable injury to the corporation
is threatened or being suffered, or the business and affairs of
the corporation can no longer be conducted to the advantage
of the shareholders generally, because of the deadlock;
(d) The corporate assets are being misapplied or wasted;
or
(e) The corporation has ceased all business activity and
has failed, within a reasonable time, to dissolve, to liquidate
its assets, or to distribute its remaining assets among its
shareholders;
(3) In a proceeding by a creditor if it is established that:
(a) The creditor's claim has been reduced to judgment,
the execution on the judgment was returned unsatisfied, and
the corporation is insolvent; or
(b) The corporation has admitted in writing that the creditor's claim is due and owing and the corporation is insolvent;
or
(4) In a proceeding by the corporation to have its voluntary dissolution continued under court supervision. [1995 c
47 § 3; 1993 c 290 § 3; 1989 c 165 § 163.]
23B.14.310
23B.14.310 Judicial dissolution—Procedure. (1)
Venue for any proceeding to dissolve a corporation brought
(2004 Ed.)
Foreign Corporations
by any party named in RCW 23B.14.300 lies in the county
where a corporation's registered office is or was last located.
(2) It is not necessary to make shareholders or directors
parties to a proceeding to dissolve a corporation unless relief
is sought against them individually.
(3) A court in a proceeding brought to dissolve a corporation may issue injunctions, appoint a receiver or custodian
pendente lite with all powers and duties the court directs, take
other action required to preserve the corporate assets wherever located, and carry on the business of the corporation
until a full hearing can be held. [1989 c 165 § 164.]
23B.14.320
23B.14.320 Receivership or custodianship. (1) A
court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the business and
affairs of the corporation. The court shall hold a hearing,
after notifying all parties to the proceeding and any interested
persons designated by the court, before appointing a receiver
or custodian.
(2) The court may appoint an individual or a domestic or
foreign corporation, authorized to transact business in this
state, as a receiver or custodian. The court may require the
receiver or custodian to post bond, with or without sureties, in
an amount the court directs.
(3) The receiver or custodian may exercise all of the
powers of the corporation, through or in place of its board of
directors or officers, to the extent necessary to manage the
affairs of the corporation in the best interests of its shareholders and creditors.
(4) The court, during a receivership, may redesignate the
receiver a custodian, and during a custodianship may redesignate the custodian a receiver, if doing so is in the best interests of the corporation, its shareholders, and creditors.
(5) The court from time to time during the receivership
or custodianship may order compensation paid and expense
disbursements or reimbursements made to the receiver or
custodian and counsel from the assets of the corporation or
proceeds from the sale of the assets. [2004 c 165 § 40; 1989
c 165 § 165.]
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
23B.14.330
23B.14.330 Decree of dissolution—Other orders,
decrees, and injunctions—Revenue clearance certificate.
(1) If after a hearing the court determines that one or more
grounds for judicial dissolution described in RCW
23B.14.300 exist, it may enter a decree dissolving the corporation and specifying the effective date of the dissolution, or,
with or without ordering dissolution, may make such other
orders and decrees and issue such injunctions in the case as
justice and equity require.
(2) The court shall not enter or sign any decree of dissolution until it receives a copy of a revenue clearance certificate for the corporation issued pursuant to RCW 82.32.260.
(3) If the court enters a decree of dissolution, the petitioner or moving party shall deliver a certified copy of the
decree and a copy of the revenue clearance certificate to the
secretary of state, who shall file them. The court shall then
direct the winding up and liquidation of the corporation's
(2004 Ed.)
Chapter 23B.15
business and affairs in accordance with RCW 23B.14.050.
[1995 c 47 § 4; 1989 c 165 § 166.]
23B.14.340
23B.14.340 Survival of remedy after dissolution. The
dissolution of a corporation either: (1) By the filing by the
secretary of state of its articles of dissolution, (2) by administrative dissolution by the secretary of state, (3) by a decree of
court, or (4) by expiration of its period of duration shall not
take away or impair any remedy available against such corporation, its directors, officers, or shareholders, for any right or
claim existing, or any liability incurred, prior to such dissolution if action or other proceeding thereon is commenced
within two years after the date of such dissolution. Any such
action or proceeding against the corporation may be defended
by the corporation in its corporate name. [1995 c 47 § 5;
1990 c 178 § 6; 1989 c 165 § 167.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.14.390
23B.14.390 Secretary of state—List of dissolved corporations. On the first day of each month, the secretary of
state shall prepare a list of corporations dissolved during the
preceding month pursuant to RCW 23B.14.030, 23B.14.210,
and 23B.14.330. [1995 c 47 § 8.]
23B.14.392
23B.14.392 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than the
secretary of state. [2002 c 297 § 41; 1998 c 23 § 10.]
23B.14.400
23B.14.400 Deposit with state treasurer. Assets of a
dissolved corporation that should be transferred to a creditor,
claimant, or shareholder of the corporation who cannot be
found or who is not competent to receive them may be
reduced to cash and deposited with the state treasurer for
safekeeping. If assets are transferred to the state treasurer,
and if the creditor, claimant, or shareholder furnishes satisfactory proof of entitlement to the amount deposited, the state
treasurer or other appropriate state official shall pay such person or such person's representative that amount. [1989 c 165
§ 168.]
Chapter 23B.15
Chapter 23B.15 RCW
FOREIGN CORPORATIONS
Sections
23B.15.010 Authority to transact business required.
23B.15.015 Foreign degree-granting institution branch campus—Acts not
deemed transacting business in state.
23B.15.020 Consequences of transacting business without authority.
23B.15.030 Application for certificate of authority.
23B.15.032 Certificate of authority as insurance company—Filing of
records.
23B.15.040 Amended certificate of authority.
23B.15.050 Effect of certificate of authority.
23B.15.060 Corporate name of foreign corporation.
23B.15.070 Registered office and registered agent of foreign corporation.
23B.15.080 Change of registered office or registered agent of foreign corporation.
[Title 23B RCW—page 47]
23B.15.010
23B.15.090
23B.15.100
23B.15.200
23B.15.300
23B.15.310
Title 23B RCW: Washington Business Corporation Act
Resignation of registered agent of foreign corporation.
Service on foreign corporation.
Withdrawal of foreign corporation.
Revocation—Grounds.
Revocation—Procedure and effect.
23B.15.010
23B.15.010 Authority to transact business required.
(1) Unless it is otherwise authorized to transact business pursuant to a state or federal statute, a foreign corporation may
not transact business in this state until it obtains a certificate
of authority from the secretary of state.
(2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1)
of this section:
(a) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes;
(b) Holding meetings of the board of directors or shareholders or carrying on other activities concerning internal
corporate affairs;
(c) Maintaining bank accounts, share accounts in savings
and loan associations, custodian or agency arrangements with
a bank or trust company, or stock or bond brokerage
accounts;
(d) Maintaining offices or agencies for the transfer,
exchange, and registration of the corporation's own securities
or maintaining trustees or depositaries with respect to those
securities;
(e) Selling through independent contractors;
(f) Soliciting or procuring orders, whether by mail or
through employees or agents or otherwise, where the orders
require acceptance outside this state before becoming binding
contracts and where the contracts do not involve any local
performance other than delivery and installation;
(g) Making loans or creating or acquiring evidences of
debt, mortgages, or liens on real or personal property, or
recording same;
(h) Securing or collecting debts or enforcing mortgages
and security interests in property securing the debts;
(i) Owning, without more, real or personal property;
(j) Conducting an isolated transaction that is completed
within thirty days and that is not one in the course of repeated
transactions of a like nature;
(k) Transacting business in interstate commerce;
(l) Owning and controlling a subsidiary corporation
incorporated in or transacting business within this state; or
(m) Operating an approved branch campus of a foreign
degree-granting institution in compliance with chapter
28B.90 RCW and in accordance with RCW 23B.15.015.
(3) The list of activities in subsection (2) of this section
is not exhaustive. [1993 c 181 § 11; 1990 c 178 § 7; 1989 c
165 § 169.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.15.015
23B.15.015 Foreign degree-granting institution
branch campus—Acts not deemed transacting business in
state. In addition to those acts that are specified in RCW
23B.15.010(2), a foreign degree-granting institution that
establishes an approved branch campus in the state under
chapter 28B.90 RCW shall not be deemed to transact business in the state solely because it:
[Title 23B RCW—page 48]
(1) Owns and controls an incorporated branch campus in
this state;
(2) Pays the expenses of tuition, or room and board
charged by the incorporated branch campus for its students
enrolled at the branch campus or contributes to the capital
thereof; or
(3) Provides personnel who furnish assistance and counsel to its students while in the state but who have no authority
to enter into any transactions for or on behalf of the foreign
degree-granting institution. [1993 c 181 § 5.]
23B.15.020
23B.15.020 Consequences of transacting business
without authority. (1) Unless it is otherwise authorized to
transact business pursuant to a state or federal statute, a foreign corporation transacting business in this state without a
certificate of authority may not maintain a proceeding in any
court in this state until it obtains a certificate of authority.
(2) The successor to a foreign corporation that transacted
business in this state without a certificate of authority and the
assignee of a cause of action arising out of that business may
not maintain a proceeding based on that cause of action in
any court in this state until the foreign corporation or its successor obtains a certificate of authority.
(3) A court may stay a proceeding commenced by a foreign corporation, its successor, or assignee until it determines
whether the foreign corporation or its successor requires a
certificate of authority. If it so determines, the court may further stay the proceeding until the foreign corporation or its
successor obtains the certificate.
(4) A foreign corporation which transacts business in this
state without a certificate of authority is liable to this state, for
the years or parts thereof during which it transacted business
in this state without a certificate of authority, in an amount
equal to all fees which would have been imposed by this title
upon such corporation had it applied for and received a certificate of authority to transact business in this state as required
by this title and thereafter filed all reports required by this
title, plus all penalties imposed by this title for failure to pay
such fees.
(5) Notwithstanding subsections (1) and (2) of this section, the failure of a foreign corporation to obtain a certificate
of authority does not impair the validity of its corporate acts
or prevent it from defending any proceeding in this state.
[1990 c 178 § 8; 1989 c 165 § 170.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.15.030
23B.15.030 Application for certificate of authority.
(1) A foreign corporation may apply for a certificate of
authority to transact business in this state by delivering an
application to the secretary of state for filing. The application
must state:
(a) That the name of the foreign corporation meets the
requirements stated in RCW 23B.15.060;
(b) The name of the state or country under whose law it
is incorporated;
(c) Its date of incorporation and period of duration;
(d) The street address of its principal office;
(e) The street address of its registered office in this state
and the name of its registered agent at that office, in accordance with RCW 23B.15.070; and
(2004 Ed.)
Foreign Corporations
(f) The names and usual business addresses of its current
directors and officers.
(2) The foreign corporation shall deliver with the completed application a certificate of existence, or a document of
similar import, issued no more than sixty days before the date
of the application and duly authenticated by the secretary of
state or other official having custody of corporate records in
the state or country under whose law it is incorporated. [1989
c 165 § 171.]
23B.15.032
23B.15.032 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than the
secretary of state. [2002 c 297 § 42; 1998 c 23 § 11.]
23B.15.040
23B.15.040 Amended certificate of authority. (1) A
foreign corporation authorized to transact business in this
state must obtain an amended certificate of authority from the
secretary of state if it changes:
(a) Its corporate name; or
(b) The period of its duration.
(2) A foreign corporation may apply for an amended certificate of authority by delivering an application to the secretary of state for filing that sets forth:
(a) The name of the foreign corporation and the name in
which the corporation is authorized to transact business in
Washington, if different;
(b) The name of the state or country under whose law it
is incorporated;
(c) The date it was authorized to transact business in this
state;
(d) A statement of the change or changes being made;
(e) In the event the change or changes include a name
change to a name that does not meet the requirements of
RCW 23B.15.060, a fictitious name for use in Washington,
and a copy of the resolution of the board of directors, certified
by the corporation's secretary, adopting the fictitious name;
and
(f) A copy of the document filed in the state or country of
incorporation showing that jurisdiction's "filed" stamp.
[1991 c 72 § 38; 1989 c 165 § 172.]
23B.15.050
23B.15.050 Effect of certificate of authority. (1) A
certificate of authority authorizes the foreign corporation to
which it is issued to transact business in this state subject,
however, to the right of the state to revoke the certificate as
provided in this title.
(2) A foreign corporation holding a valid certificate of
authority shall have no greater rights and privileges than a
domestic corporation of like character. Except as otherwise
provided by this title, a foreign corporation is subject to the
same duties, restrictions, penalties, and liabilities now or later
imposed on a domestic corporation of like character.
(3) Except as otherwise provided in *chapter 23B.19
RCW, this title does not authorize this state to regulate the
(2004 Ed.)
23B.15.060
organization or internal affairs of a foreign corporation
authorized to transact business in this state. [1989 c 165 §
173.]
*Reviser's note: The reference to "sections 202 through 205 of this act"
has been translated to "chapter 23B.19 RCW," dealing with significant business transactions. A literal translation would be "RCW 23B.900.010 through
23B.900.040" which appears to be erroneous.
23B.15.060
23B.15.060 Corporate name of foreign corporation.
(1) No certificate of authority shall be issued to a foreign corporation unless the corporate name of such corporation:
(a) Contains the word "corporation," "incorporated,"
"company," or "limited," or the abbreviation "corp.," "inc.,"
"co.," or "ltd.";
(b) Does not contain language stating or implying that
the corporation is organized for a purpose other than that permitted by RCW 23B.03.010 and its articles of incorporation;
(c) Does not contain any of the following words or
phrases: "Bank," "banking," "banker," "trust," "cooperative,"
or any combination of the words "industrial" and "loan," or
any combination of any two or more words "building," "savings," "loan," "home," "association," and "society," or any
other words or phrases prohibited by any statute of this state;
and
(d) Except as authorized by subsections (4) and (5) of
this section, is distinguishable upon the records of the secretary of state from:
(i) The corporate name of a corporation incorporated or
authorized to transact business in this state;
(ii) A corporate name reserved or registered under chapter 23B.04 RCW;
(iii) The fictitious name adopted pursuant to subsection
(3) of this section by a foreign corporation authorized to
transact business in this state because its real name is unavailable;
(iv) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct
affairs in this state under chapter 24.03 RCW;
(v) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under chapter 24.06 RCW;
(vi) The name or reserved name of a foreign or domestic
limited partnership formed or registered under chapter 25.10
RCW;
(vii) The name or reserved name of any limited liability
company organized or registered under chapter 25.15 RCW;
and
(viii) The name or reserved name of any limited liability
partnership registered under chapter 25.04 RCW.
(2) A name shall not be considered distinguishable under
the same grounds as provided under RCW 23B.04.010.
(3) If the corporate name of a foreign corporation does
not satisfy the requirements of subsection (1) of this section,
the foreign corporation to obtain or maintain a certificate of
authority to transact business in this state:
(a) May add the word "corporation," "incorporated,"
"company," or "limited," or the abbreviation "corp.," "inc.,"
"co.," or "ltd.," to its corporate name for use in this state; or
(b) May use a fictitious name to transact business in this
state if its real name is unavailable and it delivers to the secretary of state for filing a copy of the resolution of its board
[Title 23B RCW—page 49]
23B.15.070
Title 23B RCW: Washington Business Corporation Act
of directors, certified by its secretary, adopting the fictitious
name.
(4) A foreign corporation may apply to the secretary of
state for authorization to use a name that is not distinguishable upon the records from one or more of the names
described in subsection (1)(d) of this section. The secretary of
state shall authorize use of the name applied for if:
(a) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use
in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered
to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or
(b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant's right to use the name
applied for in this state.
(5) A foreign corporation may use in this state the name,
including the fictitious name, of another domestic or foreign
corporation that is used in this state if the other corporation is
incorporated or authorized to transact business in this state
and the foreign corporation:
(a) Has merged with the other corporation; or
(b) Has been formed by reorganization of the other corporation.
(6) If a foreign corporation authorized to transact business in this state changes its corporate name to one that does
not satisfy the requirements of subsection (1) of this section,
it may not transact business in this state under the changed
name until it adopts a name satisfying such requirements and
obtains an amended certificate of authority under RCW
23B.15.040. [1998 c 102 § 2; 1989 c 165 § 174.]
23B.15.070 Registered office and registered agent of
foreign corporation. (1) Each foreign corporation authorized to transact business in this state must continuously
maintain in this state:
(a) A registered office which may be, but need not be, the
same as its place of business in this state. The registered
office shall be at a specific geographic location in this state,
and be identified by number, if any, and street, building
address, or rural route, or, if a commonly known street or
rural route address does not exist, by legal description. A registered office may not be identified by post office box number
or other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a
post office address in the same city as the registered office to
be used in conjunction with the registered office address if
the corporation also maintains on file the specific geographic
address of the registered office where personal service of process may be made.
(b) A registered agent, who may be:
(i) An individual who resides in this state and whose
business office is identical with the registered office;
(ii) A domestic corporation or not-for-profit domestic
corporation whose business office is identical with the registered office;
(iii) A foreign corporation or foreign not-for-profit corporation authorized to transact business or conduct affairs in
this state whose business office is identical with the registered office;
23B.15.070
[Title 23B RCW—page 50]
(iv) A domestic limited liability company whose business office is identical with the registered office; or
(v) A foreign limited liability company authorized to
conduct affairs in this state whose business office is identical
with the registered office.
(2) A registered agent shall not be appointed without
having given prior consent in a record to the appointment.
The consent shall be filed with the secretary of state in such
form as the secretary of state may prescribe. The consent
shall be filed with or as a part of the record first appointing a
registered agent. In the event any individual, corporation, or
limited liability company has been appointed agent without
consent, that person, corporation, or limited liability company may file a notarized statement attesting to that fact, and
the name shall forthwith be removed from the records. [2002
c 297 § 43; 1989 c 165 § 175.]
23B.15.080
23B.15.080 Change of registered office or registered
agent of foreign corporation. (1) A foreign corporation
authorized to transact business in this state may change its
registered office or registered agent by delivering to the secretary of state for filing a statement of change that sets forth:
(a) Its name;
(b) If the current registered office is to be changed, the
street address of its new registered office;
(c) If the current registered agent is to be changed, the
name of its new registered agent and the new agent's consent,
either on the statement or attached to it in the manner and
form as the secretary of state may prescribe, to the appointment; and
(d) That, after the change or changes are made, the street
addresses of its registered office and the business office of its
registered agent will be identical.
(2) If a registered agent changes the street address of the
agent's business office, the registered agent may change the
street address of the registered office of any foreign corporation for which the agent is the registered agent by notifying
the corporation of the change either (a) in a record or (b) if the
corporation has designated an address, location, or system to
which the notices may be electronically transmitted and the
registered agent electronically transmits the notice to the corporation at the designated address, location, or system, in an
electronically transmitted record, and delivering to the secretary of state for filing a statement of change that complies
with the requirements of subsection (1) of this section and
recites that the corporation has been notified of the change.
[2002 c 297 § 44; 1989 c 165 § 176.]
23B.15.090
23B.15.090 Resignation of registered agent of foreign
corporation. (1) The registered agent of a foreign corporation may resign as agent by signing and delivering to the secretary of state for filing a statement of resignation. The statement of resignation may include a statement that the registered office is also discontinued.
(2) After filing the statement, the secretary of state shall
mail a copy of the statement to the foreign corporation at its
principal office address shown in its most recent annual
report, or in the application for certificate of authority if no
annual report has been filed.
(2004 Ed.)
Foreign Corporations
(3) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day
after the date on which the statement was filed. [1989 c 165
§ 177.]
23B.15.100
23B.15.100 Service on foreign corporation. (1) The
registered agent appointed by a foreign corporation authorized to transact business in this state shall be an agent of such
corporation upon whom any process, notice, or demand
required or permitted by law to be served upon the corporation may be served.
(2) The secretary of state shall be an agent of a foreign
corporation upon whom any process, notice, or demand may
be served, if:
(a) The corporation is authorized to transact business in
this state, and it fails to appoint or maintain a registered agent
in this state, or its registered agent cannot with reasonable diligence be found at the registered office;
(b) The corporation's authority to transact business in
this state has been revoked under RCW 23B.15.310; or
(c) The corporation has been authorized to transact business in this state and has withdrawn under RCW 23B.15.200.
(3) Service on the secretary of state of any such process,
notice, or demand shall be made by delivering to and leaving
with the secretary of state, or with any duly authorized clerk
of the corporation department of the secretary of state's
office, the process, notice, or demand. In the event any such
process, notice, or demand is served on the secretary of state,
the secretary of state shall immediately cause a copy thereof
to be forwarded by certified mail, addressed to the secretary
of the corporation at its principal office as shown on the
records of the secretary of state. Any service so had on the
secretary of state shall be returnable in not less than thirty
days.
(4) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of
state under this section, and shall record therein the time of
such service and the secretary of state's action with reference
thereto.
(5) This section does not limit or affect the right to serve
any process, notice, or demand, required or permitted by law
to be served upon a corporation in any other manner now or
hereafter permitted by law. [1989 c 165 § 178.]
23B.15.200
23B.15.200 Withdrawal of foreign corporation. (1) A
foreign corporation authorized to transact business in this
state may not withdraw from this state until it obtains a certificate of withdrawal from the secretary of state.
(2) A foreign corporation authorized to transact business
in this state may apply for a certificate of withdrawal by
delivering an application to the secretary of state for filing.
The application must be accompanied by a copy of a revenue
clearance certificate issued pursuant to RCW 82.32.260, and
must set forth:
(a) The name of the foreign corporation and the name of
the state or country under whose law it is incorporated;
(b) That it is not transacting business in this state and that
it surrenders its authority to transact business in this state;
(c) That it revokes the authority of its registered agent to
accept service on its behalf and appoints the secretary of state
(2004 Ed.)
23B.15.310
as its agent for service of process in any proceeding based on
a cause of action arising during the time it was authorized to
transact business in this state;
(d) A mailing address to which the secretary of state may
mail a copy of any process served on the secretary of state
under (c) of this subsection; and
(e) A commitment to notify the secretary of state in the
future of any change in its mailing address.
(3) After the withdrawal of the corporation is effective,
service of process on the secretary of state under RCW
23B.15.100 is service on the foreign corporation. [1989 c
165 § 179.]
23B.15.300
23B.15.300 Revocation—Grounds. The secretary of
state may revoke the certificate of authority of a foreign corporation authorized to transact business in this state if:
(1) The foreign corporation does not deliver its completed initial report or annual report to the secretary of state
when it is due;
(2) The foreign corporation does not pay any license fees
or penalties, imposed by this title, when they become due;
(3) The foreign corporation is without a registered agent
or registered office in this state;
(4) The foreign corporation does not inform the secretary
of state under RCW 23B.15.080 or 23B.15.090 that its registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has been
discontinued;
(5) An incorporator, director, officer, or agent of the foreign corporation signed a document knowing it was false in
any material respect with intent that the document be delivered to the secretary of state for filing; or
(6) The secretary of state receives a duly authenticated
certificate from the secretary of state or other official having
custody of corporate records in the state or country under
whose law the foreign corporation is incorporated stating that
it has been dissolved or disappeared as the result of a merger.
[1991 c 72 § 39; 1990 c 178 § 9; 1989 c 165 § 180.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.15.310
23B.15.310 Revocation—Procedure and effect. (1) If
the secretary of state determines that one or more grounds
exist under RCW 23B.15.300 for revocation of a certificate
of authority, the secretary of state shall give the foreign corporation written notice of the determination by first-class
mail, postage prepaid.
(2) If the foreign corporation does not correct each
ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined
by the secretary of state does not exist within sixty days after
notice is effective, the secretary of state shall revoke the foreign corporation's certificate of authority by signing a certificate of revocation that recites the ground or grounds for revocation and its effective date. The secretary of state shall file
the original of the certificate and mail a copy to the foreign
corporation.
(3) The authority of a foreign corporation to transact
business in this state ceases on the date shown on the certificate revoking its certificate of authority.
[Title 23B RCW—page 51]
Chapter 23B.16
Title 23B RCW: Washington Business Corporation Act
(4) The secretary of state's revocation of a foreign corporation's certificate of authority appoints the secretary of state
the foreign corporation's agent for service of process in any
proceeding based on a cause of action which arose during the
time the foreign corporation was authorized to transact business in this state. Service of process on the secretary of state
under RCW 23B.15.100 is service on the foreign corporation.
(5) Revocation of a foreign corporation's certificate of
authority does not terminate the authority of the registered
agent of the corporation. [1989 c 165 § 181.]
Chapter 23B.16
Chapter 23B.16 RCW
RECORDS AND REPORTS
Sections
23B.16.010
23B.16.020
23B.16.030
23B.16.040
23B.16.200
23B.16.220
Corporate records.
Inspection of records by shareholders.
Scope of inspection right.
Court-ordered inspection.
Financial statements for shareholders.
Initial and annual reports for secretary of state.
23B.16.010 Corporate records. (1) A corporation
shall keep as permanent records minutes of all meetings of its
shareholders and board of directors, a record of all actions
taken by the shareholders or board of directors without a
meeting, and a record of all actions taken by a committee of
the board of directors exercising the authority of the board of
directors on behalf of the corporation.
(2) A corporation shall maintain appropriate accounting
records.
(3) A corporation or its agent shall maintain a record of
its shareholders, in a form that permits preparation of a list of
the names and addresses of all shareholders, in alphabetical
order by class of shares showing the number and class of
shares held by each.
(4) A corporation shall maintain its records in written
form or in another form capable of conversion into written
form within a reasonable time.
(5) A corporation shall keep a copy of the following
records at its principal office:
(a) Its articles or restated articles of incorporation and all
amendments to them currently in effect;
(b) Its bylaws or restated bylaws and all amendments to
them currently in effect;
(c) The minutes of all shareholders' meetings, and
records of all action taken by shareholders without a meeting,
for the past three years;
(d) The financial statements described in RCW
23B.16.200(1), for the past three years;
(e) All communications in the form of a record to shareholders generally within the past three years;
(f) A list of the names and business addresses of its current directors and officers; and
(g) Its initial report or most recent annual report delivered to the secretary of state under RCW 23B.16.220. [2002
c 297 § 45; 1991 c 72 § 40; 1989 c 165 § 182.]
23B.16.010
23B.16.020 Inspection of records by shareholders.
(1) A shareholder of a corporation is entitled to inspect and
copy, during regular business hours at the corporation's principal office, any of the records of the corporation described in
23B.16.020
[Title 23B RCW—page 52]
RCW 23B.16.010(5) if the shareholder gives the corporation
notice of the shareholder's demand at least five business days
before the date on which the shareholder wishes to inspect
and copy.
(2) A shareholder of a corporation is entitled to inspect
and copy, during regular business hours at a reasonable location specified by the corporation, any of the following
records of the corporation if the shareholder meets the
requirements of subsection (3) of this section and gives the
corporation notice of the shareholder's demand at least five
business days before the date on which the shareholder
wishes to inspect and copy:
(a) Excerpts from minutes of any meeting of the board of
directors, records of any action of a committee of the board of
directors while exercising the authority of the board of directors, minutes of any meeting of the shareholders, and records
of action taken by the shareholders or board of directors without a meeting, to the extent not subject to inspection under
subsection (1) of this section;
(b) Accounting records of the corporation; and
(c) The record of shareholders.
(3) A shareholder may inspect and copy the records
described in subsection (2) of this section only if:
(a) The shareholder's demand is made in good faith and
for a proper purpose;
(b) The shareholder describes with reasonable particularity the shareholder's purpose and the records the shareholder
desires to inspect; and
(c) The records are directly connected with the shareholder's purpose.
(4) The right of inspection granted by this section may
not be abolished or limited by a corporation's articles of
incorporation or bylaws.
(5) This section does not affect:
(a) The right of a shareholder to inspect records under
RCW 23B.07.200 or, if the shareholder is in litigation with
the corporation, to the same extent as any other litigant; or
(b) The power of a court, independently of this title, to
compel the production of corporate records for examination.
(6) For purposes of this section, "shareholder" includes a
beneficial owner whose shares are held in a voting trust or by
a nominee on the beneficial owner's behalf. [2002 c 297 § 46;
1989 c 165 § 183.]
23B.16.030
23B.16.030 Scope of inspection right. (1) A shareholder's agent or attorney has the same inspection and copying rights as the shareholder.
(2) The right to copy records under *RCW 23B.16.020
includes, if reasonable, the right to receive copies made by
photographic, xerographic, or other means, including copies
in electronic or other nonwritten form if the shareholder so
requests.
(3) The corporation may impose a reasonable charge,
covering the costs of labor and material, for copies of any
records provided to the shareholder. The charge may not
exceed the estimated cost of production or reproduction of
the records.
(4) The corporation may comply with a shareholder's
demand to inspect the record of shareholders under RCW
23B.16.020(2)(c) by providing the shareholder with a list of
(2004 Ed.)
Records and Reports
its shareholders that was compiled no earlier than the date of
the shareholder's demand. [1989 c 165 § 184.]
*Reviser's note: The reference to "section 184 of this act" has been
translated to "RCW 23B.16.020." A literal translation would be "RCW
23B.16.030" which is the section above and appears to be erroneous.
23B.16.040
23B.16.040 Court-ordered inspection. (1) If a corporation does not allow a shareholder who complies with RCW
23B.16.020(1) to inspect and copy any records required by
that subsection to be available for inspection, the superior
court of the county where the corporation's principal office,
or, if none in this state, its registered office, is located may
summarily order inspection and copying of the records
demanded at the corporation's expense upon application of
the shareholder.
(2) If a corporation does not within a reasonable time
allow a shareholder to inspect and copy any other record, the
shareholder who complies with RCW 23B.16.020 (2) and (3)
may apply to the superior court of the county where the corporation's principal office, or, if none in this state, its registered office, is located for an order to permit inspection and
copying of the records demanded. The court shall dispose of
an application under this subsection on an expedited basis.
(3) If the court orders inspection and copying of the
records demanded, it shall also order the corporation to pay
the shareholder's costs, including reasonable counsel fees,
incurred to obtain the order unless the corporation proves that
it refused inspection in good faith because it had a reasonable
basis for doubt about the right of the shareholder to inspect
the records demanded.
(4) If the court orders inspection and copying of the
records demanded, it may impose reasonable restrictions on
the use or distribution of the records by the demanding shareholder. [1989 c 165 § 185.]
23B.16.200
23B.16.200 Financial statements for shareholders.
(1) Not later than four months after the close of each fiscal
year, and in any event prior to the annual meeting of shareholders, each corporation shall prepare (a) a balance sheet
showing in reasonable detail the financial condition of the
corporation as of the close of its fiscal year, and (b) an
income statement showing the results of its operation during
its fiscal year. Such statements may be consolidated or combined statements of the corporation and one or more of its
subsidiaries, as appropriate. If financial statements are prepared by the corporation for any purpose on the basis of generally accepted accounting principles, the annual statements
must also be prepared, and disclose that they are prepared, on
that basis. If financial statements are prepared only on a basis
other than generally accepted accounting principles, they
must be prepared, and disclose that they are prepared, on the
same basis as other reports and statements prepared by the
corporation for the use of others.
(2) Upon request, the corporation shall promptly deliver
to any shareholder a copy of the most recent balance sheet
and income statement, which request shall be set forth either
(a) in a written record or (b) if the corporation has designated
an address, location, or system to which the request may be
electronically transmitted and the request is electronically
transmitted to the corporation at the designated address, location, or system, in an electronically transmitted record. If pre(2004 Ed.)
23B.16.220
pared for other purposes, the corporation shall also furnish
upon the request a statement of sources and applications of
funds, and a statement of changes in shareholders' equity, for
the most recent fiscal year.
(3) If the annual financial statements are reported upon
by a public accountant, the accountant's report must accompany them. If not, the statements must be accompanied by a
statement of the president or the person responsible for the
corporation's accounting records:
(a) Stating the person's reasonable belief whether the
statements were prepared on the basis of generally accepted
accounting principles and, if not, describing the basis of preparation; and
(b) Describing any respects in which the statements were
not prepared on a basis of accounting consistent with the
basis used for statements prepared for the preceding year.
(4) For purposes of this section, "shareholder" includes a
beneficial owner whose shares are held in a voting trust or by
a nominee on the beneficial owner's behalf. [2002 c 297 § 47;
1989 c 165 § 186.]
23B.16.220 Initial and annual reports for secretary
of state. (1) Each domestic corporation, and each foreign
corporation authorized to transact business in this state, shall
deliver to the secretary of state for filing initial and annual
reports that set forth:
(a) The name of the corporation and the state or country
under whose law it is incorporated;
(b) The street address of its registered office and the
name of its registered agent at that office in this state;
(c) In the case of a foreign corporation, the address of its
principal office in the state or country under the laws of
which it is incorporated;
(d) The address of the principal place of business of the
corporation in this state;
(e) The names and addresses of its directors, if the corporation has dispensed with or limited the authority of its board
of directors pursuant to RCW 23B.08.010, in an agreement
authorized under RCW 23B.07.320, or analogous authority,
the names and addresses of persons who will perform some
or all of the duties of the board of directors;
(f) A brief description of the nature of its business; and
(g) The names and addresses of its chairperson of the
board of directors, if any, president, secretary, and treasurer,
or of individuals, however designated, performing the functions of such officers.
(2) Information in an initial report or an annual report
must be current as of the date the report is executed on behalf
of the corporation.
(3) A corporation's initial report must be delivered to the
secretary of state within one hundred twenty days of the date
on which the articles of incorporation for a domestic corporation were filed, or on which a foreign corporation's certificate
of authority was filed. Subsequent annual reports must be
delivered to the secretary of state on, or prior to, the date on
which the domestic or foreign corporation is required to pay
its annual corporate license fee, and at such additional times
as the corporation elects.
(4)(a) The secretary of state may allow a corporation to
file an annual report through electronic means. If allowed, the
secretary of state shall adopt rules detailing the circumstances
23B.16.220
[Title 23B RCW—page 53]
Chapter 23B.17
Title 23B RCW: Washington Business Corporation Act
under which the electronic filing of such reports shall be permitted and how such reports may be filed.
(b) For purposes of this section only, a person executing
an electronically filed annual report may deliver the report to
the office of the secretary of state without a signature and
without an exact or conformed copy, but the person's name
must appear in the electronic filing as the person executing
the filing, and the filing must state the capacity in which the
person is executing the filing. [2001 c 307 § 1; 1993 c 290 §
5; 1991 c 72 § 41; 1989 c 165 § 187.]
Effective date—2001 c 307: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect May 1, 2001."
[2001 c 307 § 5.]
Chapter 23B.17
Chapter 23B.17 RCW
MISCELLANEOUS PROVISIONS
Sections
23B.17.010 Application to existing corporations.
23B.17.030 Limitation on liability of directors—Indemnification.
23B.17.010
23B.17.010 Application to existing corporations. (1)
Unless otherwise provided, this title applies to all domestic
corporations in existence on July 1, 1990, that were incorporated under any general statute of this state providing for
incorporation of corporations for profit.
(2) Unless otherwise provided, a foreign corporation
authorized to transact business in this state on July 1, 1990, is
subject to this title but is not required to obtain a new certificate of authority to transact business under this title. [1989 c
165 § 188.]
organizations, foundations, funds or trusts, and which are not
admitted to conduct business in the state of Washington
under the provisions of this title, and which are not otherwise
specifically authorized to transact business in this state,
herein collectively referred to as "nonadmitted organizations," may purchase, acquire, hold, sell, assign, transfer, and
enforce notes secured by real estate mortgages covering real
property situated in this state and the security interests
thereby provided, and may make commitments to purchase or
acquire such notes so secured. [1989 c 165 § 191.]
23B.18.020
23B.18.020 Mortgage foreclosure. Such nonadmitted
organizations shall have the right to foreclose such mortgages
under the laws of this state or to receive voluntary conveyance in lieu of foreclosure, and in the course of such foreclosure or of such receipt of conveyance in lieu of foreclosure, to
acquire the mortgaged property, and to hold and own such
property and to dispose thereof. Such nonadmitted organizations however, shall not be allowed to hold, own, and operate
said property for a period exceeding five years. In the event
said nonadmitted organizations do hold, own, and operate
said property for a period in excess of five years, it shall be
forthwith required to appoint an agent as required by RCW
23B.15.070 for foreign corporations doing business in this
state. [1989 c 165 § 192.]
23B.18.030
23B.18.030 Transacting business. The activities
authorized by RCW 23B.18.010 and 23B.18.020 by such
nonadmitted organizations shall not constitute "transacting
business" within the meaning of chapter 23B.15 RCW.
[1989 c 165 § 193.]
23B.18.040
23B.17.030
23B.17.030 Limitation on liability of directors—
Indemnification. The provisions of RCW 23B.08.320 and
23B.08.500 through 23B.08.600 shall apply to any corporation, other than a municipal corporation, incorporated under
the laws of the state of Washington. [1989 c 165 § 190.]
Chapter 23B.18
Chapter 23B.18 RCW
NONADMITTED ORGANIZATIONS
Sections
23B.18.010 Ownership and enforcement of notes secured by real estate
mortgages.
23B.18.020 Mortgage foreclosure.
23B.18.030 Transacting business.
23B.18.040 Service of process.
23B.18.050 Service of process—Procedure.
23B.18.060 Venue.
23B.18.010
23B.18.010 Ownership and enforcement of notes
secured by real estate mortgages. Any corporation, bank,
trust company, mutual savings bank, savings and loan association, national banking association, or other corporation or
association organized and existing under the laws of the
United States or under the laws of any state or territory of the
United States other than the state of Washington, including,
without restriction of the generality of the foregoing description, employee pension fund organizations, charitable foundations, trust funds, or other funds, foundations or trusts
engaged in the investment of moneys, and trustees of such
[Title 23B RCW—page 54]
23B.18.040 Service of process. In any action in law or
equity commenced by the obligor or obligors, it, his, her, or
their assignee or assignees against the said nonadmitted organizations on the said notes secured by said real estate mortgages purchased by said nonadmitted organizations, service
of all legal process may be had by serving the secretary of
state of the state of Washington. [1989 c 165 § 194.]
23B.18.050
23B.18.050 Service of process—Procedure. Duplicate copies of legal process against said nonadmitted organizations shall be served upon the secretary of state by registered mail. At the time of service the plaintiff shall pay to the
secretary of state twenty-five dollars taxable as costs in the
action and shall also furnish the secretary of state the home
office address of said nonadmitted organization. The secretary of state shall forthwith send one of the copies of process
by certified mail to the said nonadmitted organization to its
home office. The secretary of state shall keep a record of the
day, month, and year of service upon the secretary of state of
all legal process. No proceedings shall be had against the
nonadmitted organization nor shall it be required to appear,
plead, or answer until the expiration of forty days after the
date of service upon the secretary of state. [1989 c 165 §
195.]
23B.18.060
23B.18.060 Venue. Suit upon causes of action arising
against the said nonadmitted organizations shall be brought
in the county where the property is situated which is the sub(2004 Ed.)
Significant Business Transactions
ject of the mortgage purchased by the said nonadmitted organizations. If the property covered by the said mortgage is situated in more than one county, venue may be had in any of
said counties where the property lies. [1989 c 165 § 196.]
Chapter 23B.19 RCW
SIGNIFICANT BUSINESS TRANSACTIONS
Chapter 23B.19
Sections
23B.19.010
23B.19.020
23B.19.030
23B.19.040
Legislative findings—Intent.
Definitions.
Transaction excluded from chapter—Inadvertent acquisition.
Approval of significant business transaction required—Violation.
23B.19.050 Provisions of chapter additional to other requirements.
23B.19.010
23B.19.010 Legislative findings—Intent. The legislature finds that:
(1) Corporations that offer employment and health,
retirement, and other benefits to citizens of the state of Washington are vital to the economy of this state and the wellbeing of all of its citizens;
(2) The welfare of the employees of these corporations is
of paramount interest and concern to this state;
(3) Many businesses in this state rely on these corporations to purchase goods and services;
(4) Hostile or unfriendly attempts to gain control of or
influence otherwise publicly held corporations can cause corporate management to dissipate a corporation's assets in an
effort to resist the takeover by selling or distributing cash or
assets, redeeming stock, or taking other steps to increase the
short-term gain to shareholders and to dissipate energies
required for strategic planning, market development, capital
investment decisions, assessment of technologies, and evaluation of competitive challenges that can damage the longterm interests of shareholders and the economic health of the
state by reducing or eliminating the ability to finance investments in research and development, new products, facilities
and equipment, and by undermining the planning process for
those purposes;
(5) Hostile or unfriendly attempts to gain control or
influence otherwise publicly held corporations are often
highly leveraged pursuant to financing arrangements which
assume that an acquirer will promptly obtain access to an
acquired corporation's cash or assets and use them, or the proceeds of their sale, to repay acquisition indebtedness;
(6) Hostile or unfriendly attempts to gain control of or
influence otherwise publicly held corporations can harm the
economy of the state by weakening corporate performance,
and causing unemployment, plant closings, reduced charitable donations, declining population base, reduced income to
fee-supported local government services, reduced tax base,
and reduced income to other businesses; and
(7) The state has a substantial and legitimate interest in
regulating domestic corporations and those foreign corporations that have their most significant business contacts with
this state and in regulating hostile or unfriendly attempts to
gain control of or influence otherwise publicly held domestic
corporations and those foreign corporations that employ a
large number of citizens of the state, pay significant taxes,
and have a substantial economic base in the state.
(2004 Ed.)
23B.19.020
The legislature intends this chapter to balance the substantial and legitimate interests of the state in domestic corporations and those foreign corporations that employ a large
number of citizens of the state and that have a substantial economic base in the state with: The interests of citizens of other
states who own shares of such corporations; the interests of
the state of incorporation of such foreign corporations in regulating the internal affairs of corporations incorporated in
that state; and the interests of promoting interstate commerce.
To this effect, the legislature intends to regulate certain transactions between publicly held corporations and acquiring
persons that will tend to harm the long-term health of domestic corporations and of foreign corporations that have their
principal executive office and a majority of their assets in this
state and that employ a large number of citizens of this state.
[1989 c 165 § 197.]
23B.19.020 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Acquiring person" means a person or group of persons, other than the target corporation or a subsidiary of the
target corporation, who beneficially owns ten percent or more
of the outstanding voting shares of the target corporation. The
term "acquiring person" does not include a person who (a)
beneficially owned ten percent or more of the outstanding
voting shares of the target corporation on March 23, 1988; (b)
acquires its shares by gift, inheritance, or in a transaction in
which no consideration is exchanged; (c) exceeds the ten percent threshold as a result of action taken solely by the target
corporation, such as redemption of shares, unless that person,
by its own action, acquires additional shares of the target corporation; (d) beneficially was the owner of ten percent or
more of the outstanding voting shares prior to the time the
target corporation had a class of voting shares registered with
the securities and exchange commission pursuant to section
12 or 15 of the exchange act; or (e) beneficially was the
owner of ten percent or more of the outstanding voting shares
prior to the time the target corporation amended its articles of
incorporation to provide that the corporation shall be subject
to the provisions of this chapter. An agent, bank, broker,
nominee, or trustee for another person, if the other person is
not an acquiring person, who acts in good faith and not for the
purpose of circumventing this chapter, is not an acquiring
person. For the purpose of determining whether a person is an
acquiring person, the number of voting shares of the target
corporation that are outstanding shall include shares beneficially owned by the person through application of subsection
(4) of this section, but shall not include any other unissued
voting shares of the target corporation which may be issuable
pursuant to any agreement, arrangement, or understanding; or
upon exercise of conversion rights, warrants, or options; or
otherwise.
(2) "Affiliate" means a person who directly or indirectly
controls, or is controlled by, or is under common control
with, a person.
(3) "Announcement date," when used in reference to any
significant business transaction, means the date of the first
public announcement of the final, definitive proposal for such
a significant business transaction.
(4) "Associate" means (a) a domestic or foreign corporation or organization of which a person is an officer, director,
23B.19.020
[Title 23B RCW—page 55]
23B.19.020
Title 23B RCW: Washington Business Corporation Act
member, or partner or in which a person performs a similar
function; (b) a direct or indirect beneficial owner of ten percent or more of any class of equity securities of a person; (c)
a trust or estate in which a person has a beneficial interest or
as to which a person serves as trustee or in a similar fiduciary
capacity; and (d) the spouse or a parent or sibling of a person
or a child, grandchild, sibling, parent, or spouse of any
thereof, of a person or an individual having the same home as
a person.
(5) "Beneficial ownership," when used with respect to
any shares, means ownership by a person:
(a) Who, individually or with or through any of its affiliates or associates, beneficially owns such shares, directly or
indirectly; or
(b) Who, individually or with or through any of its affiliates or associates, has (i) the right to acquire the shares,
whether the right is exercisable immediately or only after the
passage of time, pursuant to any agreement, arrangement, or
understanding, whether or not in writing, or upon the exercise
of conversion rights, exchange rights, warrants or options, or
otherwise. A person is not the beneficial owner of shares tendered pursuant to a tender or exchange offer made by the person or any of the person's affiliates or associates until the tendered shares are accepted for purchase or exchange; or (ii) the
right to vote the shares pursuant to any agreement, arrangement, or understanding, whether or not in writing. A person is
not the beneficial owner of any shares under (b)(ii) of this
subsection if the agreement, arrangement, or understanding
to vote the shares arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made
in accordance with the applicable rules and regulations under
the exchange act and is not then reportable on schedule 13D
under the exchange act, or any comparable or successor
report; or
(c) Who has any agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring,
holding, voting, except voting pursuant to a revocable proxy
or consent as described in (b)(ii) of this subsection, or disposing of the shares with any other person who beneficially
owns, or whose affiliates or associates beneficially own,
directly or indirectly, the shares.
(6) "Common shares" means any shares other than preferred shares.
(7) "Consummation date," with respect to any significant
business transaction, means the date of consummation of
such a significant business transaction, or, in the case of a significant business transaction as to which a shareholder vote is
taken, the later of the business day prior to the vote or twenty
days prior to the date of consummation of such a significant
business transaction.
(8) "Control," "controlling," "controlled by," and "under
common control with," means the possession, directly or
indirectly, of the power to direct or cause the direction of the
management and policies of a person, whether through the
ownership of voting shares, by contract, or otherwise. A person's beneficial ownership of ten percent or more of a domestic or foreign corporation's outstanding voting shares shall
create a rebuttable presumption that such person has control
of such corporation. However, a person does not have control
of a domestic or foreign corporation if the person holds voting shares, in good faith and not for the purpose of circum[Title 23B RCW—page 56]
venting this chapter, as an agent, bank, broker, nominee, custodian, or trustee for one or more beneficial owners who do
not individually or as a group have control of such corporation.
(9) "Domestic corporation" means an issuer of voting
shares which is organized under chapter 23B.02 RCW or any
predecessor provision.
(10) "Exchange act" means the federal securities
exchange act of 1934, as amended.
(11) "Market value," in the case of property other than
cash or shares, means the fair market value of the property on
the date in question as determined by the board of directors of
the target corporation in good faith.
(12) "Person" means an individual, domestic or foreign
corporation, partnership, trust, unincorporated association, or
other entity; an affiliate or associate of any such person; or
any two or more persons acting as a partnership, syndicate, or
other group for the purpose of acquiring, holding, or dispersing of securities of a domestic or foreign corporation.
(13) "Preferred shares" means any class or series of
shares of a target corporation which under the bylaws or articles of incorporation of such a corporation is entitled to
receive payment of dividends prior to any payment of dividends on some other class or series of shares, or is entitled in
the event of any voluntary liquidation, dissolution, or winding up of the target corporation to receive payment or distribution of a preferential amount before any payments or distributions are received by some other class or series of shares.
(14) "Shares" means any:
(a) Shares or similar security, any certificate of interest,
any participation in any profit sharing agreement, any voting
trust certificate, or any certificate of deposit for shares; and
(b) Security convertible, with or without consideration,
into shares, or any warrant, call, or other option or privilege
of buying shares without being bound to do so, or any other
security carrying any right to acquire, subscribe to, or purchase shares.
(15) "Significant business transaction" means:
(a) A merger, share exchange, or consolidation of a target corporation or a subsidiary of a target corporation with (i)
an acquiring person, or (ii) any other domestic or foreign corporation which is, or after the merger, share exchange, or
consolidation would be, an affiliate or associate of the acquiring person;
(b) A sale, lease, exchange, mortgage, pledge, transfer,
or other disposition or encumbrance, whether in one transaction or a series of transactions, to or with an acquiring person
or an affiliate or associate of an acquiring person of assets of
a target corporation or a subsidiary of a target corporation (i)
having an aggregate market value equal to five percent or
more of the aggregate market value of all the assets, determined on a consolidated basis, of the target corporation, (ii)
having an aggregate market value equal to five percent or
more of the aggregate market value of all the outstanding
shares of the target corporation, or (iii) representing five percent or more of the earning power or net income, determined
on a consolidated basis, of the target corporation;
(c) The termination, while the corporation has an acquiring person and as a result of the acquiring person's acquisition
of ten percent or more of the shares of the corporation, of five
percent or more of the employees of the target corporation or
(2004 Ed.)
Significant Business Transactions
its subsidiaries employed in this state, whether at one time or
over the five-year period following the share acquisition
time. For the purposes of (c) of this subsection, a termination
other than an employee's death or disability or bona fide voluntary retirement, transfer, resignation, termination for cause
under applicable common law principles, or leave of absence
shall be presumed to be a termination resulting from the
acquiring person's acquisition of shares, which presumption
is rebuttable. A bona fide voluntary transfer of employees
between the target corporation and its subsidiaries or between
its subsidiaries is not a termination for the purposes of (c) of
this subsection;
(d) The issuance, transfer, or redemption by a target corporation or a subsidiary of a target corporation, whether in
one transaction or a series of transactions, of shares or of
options, warrants, or rights to acquire shares of a target corporation or a subsidiary of a target corporation to or beneficially owned by an acquiring person or an affiliate or associate of an acquiring person except pursuant to the exercise of
warrants or rights to purchase shares offered, or a dividend,
distribution, or redemption paid or made pro rata to, all shareholders or holders of options, warrants, or rights to acquire
shares of the target corporation, and except for involuntary
redemptions permitted by the target corporation's charter or
by the law of this state or the state of incorporation;
(e) The liquidation or dissolution of a target corporation
proposed by, or pursuant to an agreement, arrangement, or
understanding, whether or not in writing, with an acquiring
person or an affiliate or associate of an acquiring person;
(f) A reclassification of securities, including, without
limitation, any shares split, shares dividend, or other distribution of shares in respect of stock, or any reverse shares split,
or recapitalization of a target corporation, or a merger or consolidation of a target corporation with a subsidiary of the target corporation, or any other transaction, whether or not with
or into or otherwise involving an acquiring person, proposed
by, or pursuant to an agreement, arrangement, or understanding, whether or not in writing, with an acquiring person or an
affiliate or associate of an acquiring person, that has the
effect, directly or indirectly, of increasing the proportionate
share of the outstanding shares of a class or series of voting
shares or securities convertible into voting shares of a target
corporation or a subsidiary of the target corporation that is
directly or indirectly owned by an acquiring person or an
affiliate or associate of an acquiring person, except as a result
of immaterial changes due to fractional share adjustments; or
(g) A receipt by an acquiring person or an affiliate or
associate of an acquiring person of the benefit, directly or
indirectly, except proportionately as a shareholder of a target
corporation, of loans, advances, guarantees, pledges, or other
financial assistance or tax credits or other tax advantages provided by or through a target corporation.
(16) "Share acquisition time" means the time at which a
person first becomes an acquiring person of a target corporation.
(17) "Subsidiary" means a domestic or foreign corporation that has a majority of its outstanding voting shares
owned, directly or indirectly, by another domestic or foreign
corporation.
(2004 Ed.)
23B.19.020
(18) "Tangible assets" means tangible real and personal
property of all kinds. It shall also include leasehold interests
in tangible real and personal property.
(19) "Target corporation" means:
(a) Every domestic corporation, if:
(i) The corporation has a class of voting shares registered
with the securities and exchange commission pursuant to section 12 or 15 of the exchange act; or
(ii) The corporation's articles of incorporation have been
amended to provide that such a corporation shall be subject to
the provisions of this chapter, if the corporation did not have
a class of voting shares registered with the securities and
exchange commission pursuant to section 12 or 15 of the
exchange act on the effective date of that amendment; and
(b) Every foreign corporation required to have a certificate of authority to transact business in this state pursuant to
chapter 23B.15 RCW, if:
(i) The corporation has a class of voting shares registered
with the securities and exchange commission pursuant to section 12 or 15 of the exchange act;
(ii) The corporation's principal executive office is
located in the state;
(iii) The corporation has: (A) More than ten percent of
its shareholders of record resident in the state; or (B) more
than ten percent of its shares owned of record by state residents; or (C) one thousand or more shareholders of record
resident in the state;
(iv) A majority of the corporation's employees, together
with those of its subsidiaries, are residents of the state or the
corporation, together with its subsidiaries, employs more
than one thousand residents of the state; and
(v) A majority of the corporation's tangible assets,
together with those of its subsidiaries, measured by market
value, are located in the state or the corporation, together with
its subsidiaries, has more than fifty million dollars' worth of
tangible assets located in the state.
For purposes of this subsection, the record date for determining the percentages and numbers of shareholders and
shares shall be the last shareholder record date before the
event requiring that the determination be made. A shareholder record date shall be determined pursuant to the comparable provision to RCW 23B.07.070 of the law of the state
in which a foreign corporation is incorporated. If a shareholder record date has not been fixed by the board of directors within the preceding four months, the determination shall
be made as of the end of the corporation's most recent fiscal
quarter.
The residence of each shareholder is presumed to be the
address appearing in the records of the corporation. Shares
held of record by brokers or nominees shall be disregarded
for purposes of calculating the percentages and numbers
specified in this subsection. Shares of a corporation allocated
to the account of an employee or former employee or beneficiaries of employees or former employees of a corporation
and held in a plan that is qualified under section 401(a) of the
federal internal revenue code of 1986, as amended, and is a
defined contribution plan within the meaning of section
414(i) of the code shall be deemed, for the purposes of this
subsection, to be held of record by the employee to whose
account such shares are allocated.
[Title 23B RCW—page 57]
23B.19.030
Title 23B RCW: Washington Business Corporation Act
A domestic or foreign corporation shall be deemed to be
a target corporation if the domestic or foreign corporation's
failure to satisfy the requirements of this subsection is caused
by the action of, or is the result of a proposal by, an acquiring
person or affiliate or associate of an acquiring person.
(20) "Voting shares" means shares of a corporation entitled to vote generally in the election of directors. [1996 c 155
§ 1; 1989 c 165 § 198.]
23B.19.030
23B.19.030 Transaction excluded from chapter—
Inadvertent acquisition. This chapter does not apply to a
significant business transaction of a target corporation with
an acquiring person of the target corporation which became
an acquiring person inadvertently, if the acquiring person (1)
as soon as practicable, divests itself of a sufficient amount of
the voting shares of the target corporation so that it no longer
is the beneficial owner, directly or indirectly, of ten percent
or more of the outstanding voting shares of the target corporation, and (2) would not at any time within the five-year
period preceding the announcement date of the significant
business transaction have been an acquiring person but for
the inadvertent acquisition. [1996 c 155 § 2; 1989 c 165 §
199.]
23B.19.040
23B.19.040 Approval of significant business transaction required—Violation. (1)(a) Notwithstanding anything
to the contrary contained in this title, a target corporation
shall not for a period of five years following the acquiring
person's share acquisition time engage in a significant business transaction unless it is exempted by RCW 23B.19.030 or
unless the significant business transaction or the purchase of
shares made by the acquiring person is approved prior to the
acquiring person's share acquisition time by a majority of the
members of the board of directors of the target corporation.
(b) If a good faith proposal for a significant business
transaction is made in writing to the board of directors of the
target corporation prior to the significant business transaction
or prior to the share acquisition time, the board of directors
shall respond in writing, within thirty days or such shorter
period, if any, as may be required by the exchange act setting
forth its reasons for its decision regarding the proposal. If a
good faith proposal to purchase shares is made in writing to
the board of directors of the target corporation, the board of
directors, unless it responds affirmatively in writing within
thirty days or a shorter period, if any, as may be required by
the exchange act shall be deemed to have disapproved such
share purchase.
(2) Except for a significant business transaction
approved under subsection (1) of this section or exempted by
RCW 23B.19.030, in addition to any other requirement, a target corporation shall not engage at any time in any significant
business transaction described in RCW 23B.19.020(15) (a) or
(e) with any acquiring person of such a corporation other than
a significant business transaction that either meets all of the
conditions of (a), (b), and (c) of this subsection or meets the
conditions of (d) of this subsection:
(a) The aggregate amount of the cash and the market
value as of the consummation date of consideration other
than cash to be received per share by holders of outstanding
common shares of such a target corporation in a significant
[Title 23B RCW—page 58]
business transaction is at least equal to the higher of the following:
(i) The highest per share price paid by such an acquiring
person at a time when the person was the beneficial owner,
directly or indirectly, of five percent or more of the outstanding voting shares of a target corporation, for any shares of
common shares of the same class or series acquired by it: (A)
Within the five-year period immediately prior to the
announcement date with respect to a significant business
transaction; or (B) within the five-year period immediately
prior to, or in, the transaction in which the acquiring person
became an acquiring person, whichever is higher plus, in
either case, interest compounded annually from the earliest
date on which the highest per share acquisition price was paid
through the consummation date at the rate for one-year
United States treasury obligations from time to time in effect;
less the aggregate amount of any cash dividends paid, and the
market value of any dividends paid other than in cash, per
share of common shares since the earliest date, up to the
amount of the interest; and
(ii) The market value per share of common shares on the
announcement date with respect to a significant business
transaction or on the date of the acquiring person's share
acquisition time, whichever is higher; plus interest compounded annually from such a date through the consummation date at the rate for one-year United States treasury obligations from time to time in effect; less the aggregate amount
of any cash dividends paid, and the market value of any dividends paid other than in cash, per share of common shares
since the date, up to the amount of the interest.
(b) The aggregate amount of the cash and the market
value as of the consummation date of consideration other
than cash to be received per share by holders of outstanding
shares of any class or series of shares, other than common
shares, of the target corporation is at least equal to the highest
of the following, whether or not the acquiring person has previously acquired any shares of such a class or series of shares:
(i) The highest per share price paid by an acquiring person at a time when the person was the beneficial owner,
directly or indirectly, of five percent or more of the outstanding voting shares of a resident domestic corporation, for any
shares of the same class or series of shares acquired by it: (A)
Within the five-year period immediately prior to the
announcement date with respect to a significant business
transaction; or (B) within the five-year period immediately
prior to, or in, the transaction in which the acquiring person
became an acquiring person, whichever is higher; plus, in
either case, interest compounded annually from the earliest
date on which the highest per share acquisition price was paid
through the consummation date at the rate for one-year
United States treasury obligations from time to time in effect;
less the aggregate amount of any cash dividends paid, and the
market value of any dividends paid other than in cash, per
share of the same class or series of shares since the earliest
date, up to the amount of the interest;
(ii) The highest preferential amount per share to which
the holders of shares of the same class or series of shares are
entitled in the event of any voluntary liquidation, dissolution,
or winding up of the target corporation, plus the aggregate
amount of any dividends declared or due as to which the
holders are entitled prior to payment of dividends on some
(2004 Ed.)
Construction
other class or series of shares, unless the aggregate amount of
the dividends is included in the preferential amount; and
(iii) The market value per share of the same class or
series of shares on the announcement date with respect to a
significant business transaction or on the date of the acquiring person's share acquisition time, whichever is higher; plus
interest compounded annually from such a date through the
consummation date at the rate for one-year United States
treasury obligations from time to time in effect; less the
aggregate amount of any cash dividends paid and the market
value of any dividends paid other than in cash, per share of
the same class or series of shares since the date, up to the
amount of the interest.
(c) The consideration to be received by holders of a particular class or series of outstanding shares, including common shares, of the target corporation in a significant business
transaction is in cash or in the same form as the acquiring person has used to acquire the largest number of shares of the
same class or series of shares previously acquired by the person, and the consideration shall be distributed promptly.
(d) The significant business transaction is approved at an
annual meeting of shareholders, or special meeting of shareholders called for such a purpose, no earlier than five years
after the acquiring person's share acquisition time, by a
majority of the votes entitled to be counted within each voting group entitled to vote separately on the transaction. The
votes of all outstanding shares entitled to vote under this title
or the articles of incorporation shall be entitled to be counted
under this subsection except that the votes of shares as to
which an acquiring person has beneficial ownership or voting
control may not be counted to determine whether shareholders have approved a transaction for purposes of this subsection. The votes of shares as to which an acquiring person has
beneficial ownership or voting control shall, however, be
counted in determining whether a transaction is approved
under other sections of this title and for purposes of determining a quorum.
(3) Subsection (2) of this section does not apply to a target corporation that on June 6, 1996, had a provision in its
articles of incorporation, adopted under *RCW
23B.17.020(3)(d), expressly electing not to be covered under
*RCW 23B.17.020, which is repealed by section 6, chapter
155, Laws of 1996.
(4) A significant business transaction that is made in violation of subsection (1) or (2) of this section and that is not
exempt under RCW 23B.19.030 is void. [1997 c 19 § 3; 1996
c 155 § 3; 1989 c 165 § 200.]
23B.900.050
Chapter 23B.900
Chapter 23B.900 RCW
CONSTRUCTION
Sections
23B.900.010
23B.900.020
23B.900.030
23B.900.040
23B.900.050
Savings provisions—1989 c 165.
Severability—1989 c 165.
Repealer—1989 c 165.
Effective date—1989 c 165.
Section headings—1989 c 165.
23B.900.010 Savings provisions—1989 c 165. (1)
Except as provided in subsection (2) of this section, the
repeal of a statute by this title does not affect:
(a) The operation of the statute or any action taken under
it before its repeal;
(b) Any ratification, right, remedy, privilege, obligation,
or liability acquired, accrued, or incurred under the statute
before its repeal;
(c) Any violation of the statute, or any penalty, forfeiture, or punishment incurred because of the violation, before
its repeal; or
(d) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in
accordance with the statute as if it had not been repealed.
(2) If a penalty or punishment imposed for violation of a
statute repealed by this title is reduced by this title, the penalty or punishment if not already imposed shall be imposed in
accordance with this title. [1989 c 165 § 202.]
23B.900.010
23B.900.020 Severability—1989 c 165. If any provision of this title or its application to any person or circumstance is held invalid by a court of competent jurisdiction, the
invalidity does not affect other provisions or applications of
the title that can be given effect without the invalid provision
or application, and to this end the provisions of the title are
severable. [1989 c 165 § 203.]
23B.900.020
23B.900.030 Repealer—1989 c 165.
§ 204.
23B.900.030
See 1989 c 165
23B.900.040 Effective date—1989 c 165. This title
shall take effect July 1, 1990. [1989 c 165 § 205.]
23B.900.040
23B.900.050 Section headings—1989 c 165. Section
headings as used in this title do not constitute any part of the
law. [1989 c 165 § 206.]
23B.900.050
*Reviser's note: RCW 23B.17.020 was repealed by 1996 c 155 § 6.
23B.19.050
23B.19.050 Provisions of chapter additional to other
requirements. The requirements imposed by this chapter are
to be in addition to, and not in lieu of, requirements imposed
on a transaction by any provision in the articles of incorporation or the bylaws of the target corporation, or otherwise.
[1989 c 165 § 201.]
(2004 Ed.)
[Title 23B RCW—page 59]
Title 24
Title 24
CORPORATIONS AND ASSOCIATIONS
(NONPROFIT)
Chapters
24.03 Washington nonprofit corporation act.
24.06 Nonprofit miscellaneous and mutual corporations act.
24.12 Corporations sole.
24.20 Fraternal societies.
24.24 Building corporations composed of fraternal
society members.
24.28 Granges.
24.34 Agricultural processing and marketing associations.
24.36 Fish marketing act.
24.40 Tax reform act of 1969, state implementation—
Not for profit corporations.
24.44 Uniform management of institutional funds act.
24.46 Foreign trade zones.
Acknowledgment form, corporations: RCW 64.08.070.
Actions by and against public corporations: RCW 4.08.110, 4.08.120.
Constitutional provisions, generally: State Constitution Art. 12.
Consumer loan act: Chapter 31.04 RCW.
Contribution of corporate funds, public, charitable, etc., purposes: RCW
23B.03.020(2)(o).
Crimes relating to corporations: Chapter 9.24 RCW.
Criminal procedure: RCW 10.01.070 through 10.01.100.
Dentistry, practice or solicitation prohibited: RCW 18.32.675.
Doing business without license, gross misdemeanor: RCW 9.24.040.
Eminent domain by corporations: Chapter 8.20 RCW.
False statements, penalty for filing: RCW 43.07.210.
Foreign corporations
generally: RCW 23B.16.220 and chapters 23B.01 and 23B.15 RCW.
nonadmitted, powers relative to secured interests: Chapter 23B.18 RCW.
Legal services, advertising of, penalty: RCW 30.04.260.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Partnerships: Title 25 RCW.
"Person" defined: RCW 1.16.080.
Seals, effect of: RCW 64.04.105.
Secretary of state, duties: Chapter 43.07 RCW.
Chapter 24.03 RCW
WASHINGTON NONPROFIT CORPORATION ACT
Chapter 24.03
Sections
24.03.005
24.03.007
24.03.008
24.03.009
24.03.010
24.03.015
24.03.017
24.03.020
24.03.025
24.03.027
24.03.030
24.03.035
(2004 Ed.)
Definitions.
Standards for electronic filing—Rules.
Records submitted for filing—Exact or conformed copies.
Notice by electronic transmission—Consent required—When
effective.
Applicability.
Purposes.
Corporation may elect to have chapter apply to it—Procedure.
Incorporators.
Articles of incorporation.
Filing false statements—Penalty.
Limitations.
General powers.
24.03.040
24.03.043
24.03.045
24.03.046
24.03.047
24.03.048
24.03.050
24.03.055
24.03.060
24.03.065
24.03.070
24.03.075
24.03.080
24.03.085
24.03.090
24.03.095
24.03.100
24.03.103
24.03.1031
24.03.105
24.03.110
24.03.113
24.03.115
24.03.120
24.03.125
24.03.127
24.03.130
24.03.135
24.03.140
24.03.145
24.03.150
24.03.155
24.03.160
24.03.165
24.03.170
24.03.175
24.03.180
24.03.183
24.03.185
24.03.190
24.03.195
24.03.200
24.03.205
24.03.207
24.03.210
24.03.215
24.03.217
24.03.220
24.03.225
24.03.230
24.03.235
24.03.240
24.03.245
24.03.250
24.03.255
24.03.260
24.03.265
24.03.270
24.03.290
24.03.295
24.03.300
24.03.302
24.03.3025
Defense of ultra vires.
Indemnification of agents of any corporation authorized.
Corporate name.
Reservation of exclusive right to use a corporate name.
Registration of corporate name.
Renewal of registration of corporate name.
Registered office and registered agent.
Change of registered office or registered agent.
Service of process on corporation.
Members—Member committees.
Bylaws.
Meetings of members and committees of members.
Notice of members' meetings.
Voting.
Quorum.
Board of directors.
Number and election or appointment of directors.
Removal of directors.
Judicial removal of directors.
Vacancies.
Quorum of directors.
Assent presumed—Procedures for dissent or abstention.
Committees.
Place and notice of directors' meetings.
Officers.
Duties of a director.
Removal of officers.
Required documents in the form of a record—Inspection—
Copying.
Loans to directors and officers prohibited.
Filing of articles of incorporation.
Effect of filing the articles of incorporation.
Organization meetings.
Right to amend articles of incorporation.
Procedure to amend articles of incorporation.
Articles of amendment.
Filing of articles of amendment.
Effect of filing of articles of amendment.
Restated articles of incorporation.
Procedure for merger.
Procedure for consolidation.
Approval of merger or consolidation.
Articles of merger or consolidation.
Merger or consolidation—When effective.
Merger or consolidation of domestic and foreign corporation.
Effect of merger or consolidation.
Sale, lease, exchange, or other disposition of assets not in the
ordinary course of business.
Sale, lease, exchange, or disposition of assets in course of
business—Mortgage and pledge of assets.
Voluntary dissolution.
Distribution of assets.
Plan of distribution.
Revocation of voluntary dissolution proceedings.
Articles of dissolution.
Filing of articles of dissolution.
Involuntary dissolution.
Notification to attorney general.
Venue and process.
Jurisdiction of court to liquidate assets and affairs of corporation.
Procedure in liquidation of corporation by court.
Decree of involuntary dissolution.
Filing of decree of dissolution.
Survival of remedy after dissolution—Extension of duration of
corporation.
Administrative dissolution—Grounds—Notice—Reinstatement—Fee set by rule—Corporate name—Survival of
actions.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from name
[Title 24 RCW—page 1]
24.03.005
24.03.303
24.03.305
24.03.307
24.03.310
24.03.315
24.03.320
24.03.325
24.03.330
24.03.332
24.03.334
24.03.335
24.03.340
24.03.345
24.03.350
24.03.360
24.03.365
24.03.370
24.03.375
24.03.380
24.03.385
24.03.386
24.03.388
24.03.390
24.03.395
24.03.400
24.03.405
24.03.410
24.03.415
24.03.417
24.03.420
24.03.425
24.03.430
24.03.435
24.03.440
24.03.445
24.03.450
24.03.455
24.03.460
24.03.465
24.03.470
24.03.480
24.03.490
24.03.500
24.03.510
24.03.520
24.03.530
24.03.540
24.03.900
24.03.905
24.03.910
24.03.915
24.03.920
24.03.925
Title 24 RCW: Corporations and Associations (Nonprofit)
of governmental entity—Application by governmental
entity.
Reinstatement under certain circumstances—Request for
relief.
Admission of foreign corporation.
Foreign degree-granting institution branch campus—Acts not
deemed transacting business in state.
Powers of foreign corporation.
Corporate name of foreign corporation—Fictitious name.
Change of name by foreign corporation.
Application for certificate of authority.
Filing of application for certificate of authority.
Certificate of authority as insurance company—Filing of
records.
Certificate of authority as insurance company—Registration
or reservation of name.
Effect of certificate of authority.
Registered office and registered agent of foreign corporation.
Change of registered office or registered agent of foreign corporation.
Service on foreign corporation.
Merger of foreign corporation authorized to conduct affairs in
this state.
Amended certificate of authority.
Withdrawal of foreign corporation.
Filing of application for withdrawal.
Revocation of certificate of authority—Notice.
Issuance of certificate of revocation.
Foreign corporations—Application for reinstatement.
Foreign corporations—Fees for application for reinstatement—Filing current annual report—Penalties established
by rule.
Conducting affairs without certificate of authority.
Annual report of domestic and foreign corporations—Biennial
filing may be authorized.
Filing of annual or biennial report of domestic and foreign corporations—Notice—Reporting dates.
Fees for filing documents and issuing certificates.
Miscellaneous fees.
Disposition of fees.
Fees for services by secretary of state.
Penalties imposed upon corporation.
Penalties imposed upon directors and officers.
Interrogatories by secretary of state.
Confidential nature of information disclosed by interrogatories.
Power and authority of secretary of state.
Appeal from disapproval of secretary of state.
Certificates and certified copies to be received in evidence.
Greater voting requirements.
Waiver of notice.
Action by members or directors without a meeting.
Unauthorized assumption of corporate powers.
Postsecondary education loans—Interest rates.
Public benefit nonprofit corporation designation established.
Public benefit nonprofit corporations—Temporary designation.
Public benefit nonprofit corporations—Application.
Public benefit nonprofit corporations—Renewal.
Public benefit nonprofit corporations—Fees.
Public benefit nonprofit corporations—Removal of status.
Short title.
Savings—1967 c 235.
Severability—1967 c 235.
Notice to existing corporations.
Repealer—Exception.
Effective date—1967 c 235.
Organization of condominium unit owners' association: RCW 64.34.300.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
24.03.005
24.03.005 Definitions. As used in this chapter, unless
the context otherwise requires, the term:
(1) "Corporation" or "domestic corporation" means a
corporation not for profit subject to the provisions of this
chapter, except a foreign corporation.
(2) "Foreign corporation" means a corporation not for
profit organized under laws other than the laws of this state.
[Title 24 RCW—page 2]
(3) "Not for profit corporation" or "nonprofit corporation" means a corporation no part of the income of which is
distributable to its members, directors or officers.
(4) "Articles of incorporation" and "articles" mean the
original articles of incorporation and all amendments thereto,
and includes articles of merger and restated articles.
(5) "Bylaws" means the code or codes of rules adopted
for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules
are designated.
(6) "Member" means an individual or entity having
membership rights in a corporation in accordance with the
provisions of its articles or incorporation or bylaws.
(7) "Board of directors" means the group of persons
vested with the management of the affairs of the corporation
irrespective of the name by which such group is designated in
the articles or bylaws.
(8) "Insolvent" means inability of a corporation to pay
debts as they become due in the usual course of its affairs.
(9) "Deliver" means: (a) Mailing; (b) transmission by
facsimile equipment, for purposes of delivering a demand,
consent, notice, or waiver to the corporation or one of its
officers, directors, or members; (c) electronic transmission,
in accordance with the officer's, director's, or member's consent, for purposes of delivering a demand, consent, notice, or
waiver to the corporation or one of its officers, directors, or
members under RCW 24.03.009; and (d) as prescribed by the
secretary of state for purposes of submitting a record for filing with the secretary of state.
(10) "Conforms to law" as used in connection with duties
of the secretary of state in reviewing records for filing under
this chapter, means the secretary of state has determined that
the record complies as to form with the applicable requirements of this chapter.
(11) "Effective date" means, in connection with a record
filing made by the secretary of state, the date which is shown
by affixing a "filed" stamp on the records. When a record is
received for filing by the secretary of state in a form which
complies with the requirements of this chapter and which
would entitle the record to be filed immediately upon receipt,
but the secretary of state's approval action occurs subsequent
to the date of receipt, the secretary of state's filing date shall
relate back to the date on which the secretary of state first
received the record in acceptable form. An applicant may
request a specific effective date no more than thirty days later
than the receipt date which might otherwise be applied as the
effective date.
(12) "Electronic transmission" means an electronic communication (a) not directly involving the physical transfer of
a record in a tangible medium and (b) that may be retained,
retrieved, and reviewed by the sender and the recipient
thereof, and that may be directly reproduced in a tangible
medium by a sender and recipient.
(13) "Electronically transmitted" means the initiation of
an electronic transmission.
(14) "Execute," "executes," or "executed" means (a)
signed, with respect to a written record or (b) electronically
transmitted along with sufficient information to determine
the sender's identity, with respect to an electronic transmission, or (c) filed in compliance with the standards for filing
with the office of the secretary of state as prescribed by the
(2004 Ed.)
Washington Nonprofit Corporation Act
secretary of state, with respect to a record to be filed with the
secretary of state.
(15) "Executed by an officer of the corporation," or
words of similar import, means that any record executed by
such person shall be and is executed by that person under
penalties of perjury and in an official and authorized capacity
on behalf of the corporation or person making the record submission with the secretary of state and, for the purpose of
records filed electronically with the secretary of state, in
compliance with the rules adopted by the secretary of state
for electronic filing.
(16) "An officer of the corporation" means, in connection with the execution of records submitted for filing with
the secretary of state, the president, a vice president, the secretary, or the treasurer of the corporation.
(17) "Public benefit not for profit corporation" or "public
benefit nonprofit corporation" means a corporation no part of
the income of which is distributable to its members, directors,
or officers and that holds a current tax exempt status as provided under 26 U.S.C. Sec. 501(c)(3) or is specifically
exempted from the requirement to apply for its tax exempt
status under 26 U.S.C. Sec. 501(c)(3).
(18) "Record" means information inscribed on a tangible
medium or contained in an electronic transmission.
(19) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, each on paper or on
other tangible material.
(20) "Writing" does not include an electronic transmission.
(21) "Written" means embodied in a tangible medium.
[2004 c 265 § 1; 2002 c 74 § 4; 1989 c 291 § 3; 1986 c 240 §
1; 1982 c 35 § 72; 1967 c 235 § 2.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.007
24.03.007 Standards for electronic filing—Rules.
The secretary of state may adopt rules to facilitate electronic
filing. The rules will detail the circumstances under which
the electronic filing of records will be permitted, how the
records will be filed, and how the secretary of state will return
filed records. The rules may also impose additional requirements related to implementation of electronic filing processes, including but not limited to file formats, signature
technologies, delivery, and the types of entities or records
permitted. [2004 c 265 § 2; 2002 c 74 § 5.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
24.03.008
24.03.008 Records submitted for filing—Exact or
conformed copies. A record submitted to the secretary of
state for filing under this chapter must be accompanied by an
exact or conformed copy of the record, unless the secretary of
state provides by rule that an exact or conformed copy is not
required. [2004 c 265 § 3; 2002 c 74 § 6.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
(2004 Ed.)
24.03.010
24.03.009
24.03.009 Notice by electronic transmission—Consent required—When effective. (1) A notice to be provided
by electronic transmission must be electronically transmitted.
(2) Notice to members and directors in an electronic
transmission that otherwise complies with the requirements
of this chapter is effective only with respect to members and
directors who have consented, in the form of a record, to
receive electronically transmitted notices under this chapter.
(a) Notice to members and directors includes material
that this chapter requires or permits to accompany the notice.
(b) A member or director who provides consent, in the
form of a record, to receipt of electronically transmitted
notices shall designate in the consent the message format
accessible to the recipient, and the address, location, or system to which these notices may be electronically transmitted.
(c) A member or director who has consented to receipt of
electronically transmitted notices may revoke the consent by
delivering a revocation to the corporation in the form of a
record.
(d) The consent of any member or director is revoked if
the corporation is unable to electronically transmit two consecutive notices given by the corporation in accordance with
the consent, and this inability becomes known to the secretary of the corporation or other person responsible for giving
the notice. The inadvertent failure by the corporation to treat
this inability as a revocation does not invalidate any meeting
or other action.
(3) Notice to members or directors who have consented
to receipt of electronically transmitted notices may be provided notice by posting the notice on an electronic network
and delivering to the member or director a separate record of
the posting, together with comprehensible instructions
regarding how to obtain access to this posting on the electronic network.
(4) Notice provided in an electronic transmission is
effective when it: (a) Is electronically transmitted to an
address, location, or system designated by the recipient for
that purpose, and is made pursuant to the consent provided by
the recipient; or (b) has been posted on an electronic network
and a separate record of the posting has been delivered to the
recipient together with comprehensible instructions regarding how to obtain access to the posting on the electronic network. [2004 c 265 § 4.]
24.03.010
24.03.010 Applicability. The provisions of this chapter
relating to domestic corporations shall apply to:
(1) All corporations organized hereunder; and
(2) All not for profit corporations heretofore organized
under any act hereby repealed, for a purpose or purposes for
which a corporation might be organized under this chapter;
and
(3) Any corporation to which this chapter does not otherwise apply, which is authorized to elect, and does elect, in
accordance with the provisions of this chapter, as now or
hereafter amended, to have the provisions of this chapter
apply to it.
The provisions of this chapter relating to foreign corporations shall apply to all foreign not for profit corporations
conducting affairs in this state for a purpose or purposes for
which a corporation might be organized under this chapter.
[1971 ex.s. c 53 § 1; 1967 c 235 § 3.]
[Title 24 RCW—page 3]
24.03.015
Title 24 RCW: Corporations and Associations (Nonprofit)
Repealer—Savings—1967 c 235: See RCW 24.03.920, 24.03.905.
24.03.015
24.03.015 Purposes. Corporations may be organized
under this chapter for any lawful purpose or purposes, including, without being limited to, any one or more of the following purposes: Charitable; benevolent; eleemosynary; educational; civic; patriotic; political; religious; social; fraternal;
literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry; and professional, commercial,
industrial or trade association; but labor unions, cooperative
organizations, and organizations subject to any of the provisions of the banking or insurance laws of this state may not be
organized under this chapter: PROVIDED, That any not for
profit corporation heretofore organized under any act hereby
repealed and existing for the purpose of providing health care
services as defined in RCW 48.44.010(1) or 48.46.020(1), as
now or hereafter amended, shall continue to be organized
under this chapter. [1986 c 240 § 2; 1983 c 106 § 22; 1967 c
235 § 4.]
Repealer—Savings—1967 c 235: See RCW 24.03.920, 24.03.905.
Fish marketing act: Chapter 24.36 RCW.
Granges: Chapter 24.28 RCW.
Insurance: Title 48 RCW.
Labor unions: Chapter 49.36 RCW.
24.03.017
24.03.017 Corporation may elect to have chapter
apply to it—Procedure. Any corporation organized under
any act of the state of Washington for any one or more of the
purposes for which a corporation may be organized under
this chapter and for no purpose other than those permitted by
this chapter, and to which this chapter does not otherwise
apply, may elect to have this chapter and the provisions
thereof apply to such corporation. Such corporation may so
elect by having a resolution to do so adopted by the governing body of such corporation and by delivering to the secretary of state a statement of election in accordance with this
section. Such statement of election shall be executed by the
corporation by an officer of the corporation, and shall set
forth:
(1) The name of the corporation;
(2) The act which created the corporation or pursuant to
which it was organized;
(3) That the governing body of the corporation has
elected to have this chapter and the provisions thereof apply
to the corporation.
The statement of election shall be delivered to the secretary of state. If the secretary of state finds that the statement
of election conforms to law, the secretary of state shall, when
fees in the same amount as required by this chapter for filing
articles of incorporation have been paid, endorse on the statement the word "filed" and the effective date of the filing
thereof, shall file the statement, and shall issue a certificate of
elective coverage to which an exact or conformed copy of the
statement shall be affixed.
The certificate of elective coverage together with the
exact or conformed copy of the statement affixed thereto by
the secretary of state shall be returned to the corporation or its
representative. Upon the filing of the statement of elective
coverage, the provisions of this chapter shall apply to the corporation which thereafter shall be subject to and shall have
[Title 24 RCW—page 4]
the benefits of this chapter and the provisions thereof as they
exist on the date of filing such statement of election and as
they may be amended from time to time thereafter, including,
without limiting the generality of the foregoing, the power to
amend its charter or articles of incorporation, whether or not
created by special act of the legislature, delete provisions
therefrom and add provisions thereto in any manner and to
any extent it may choose to do from time to time so long as its
amended articles shall not be inconsistent with the provisions
of this chapter. [2004 c 265 § 5; 1982 c 35 § 73; 1971 ex.s. c
53 § 2.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.020
24.03.020 Incorporators. One or more persons of the
age of eighteen years or more, or a domestic or foreign, profit
or nonprofit, corporation, may act as incorporator or incorporators of a corporation by executing and delivering to the secretary of state articles of incorporation for such corporation.
[2004 c 265 § 6; 1986 c 240 § 3; 1982 c 35 § 74; 1967 c 235
§ 5.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.025
24.03.025 Articles of incorporation. The articles of
incorporation shall set forth:
(1) The name of the corporation.
(2) The period of duration, which may be perpetual or for
a stated number of years.
(3) The purpose or purposes for which the corporation is
organized.
(4) Any provisions, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the internal affairs of the corporation,
including provisions regarding:
(a) Distribution of assets on dissolution or final liquidation;
(b) The definition, limitation, and regulation of the powers of the corporation, the directors, and the members, if any;
(c) Eliminating or limiting the personal liability of a
director to the corporation or its members, if any, for monetary damages for conduct as a director: PROVIDED, That
such provision shall not eliminate or limit the liability of a
director for acts or omissions that involve intentional misconduct by a director or a knowing violation of law by a director,
or for any transaction from which the director will personally
receive a benefit in money, property, or services to which the
director is not legally entitled. No such provision may eliminate or limit the liability of a director for any act or omission
occurring before the date when such provision becomes
effective; and
(d) Any provision which under this title is required or
permitted to be set forth in the bylaws.
(5) The address of its initial registered office, including
street and number, and the name of its initial registered agent
at such address.
(6) The number of directors constituting the initial board
of directors, and the names and addresses of the persons who
are to serve as the initial directors.
(7) The name and address of each incorporator.
(2004 Ed.)
Washington Nonprofit Corporation Act
(8) The name of any person or corporations to whom net
assets are to be distributed in the event the corporation is dissolved.
It shall not be necessary to set forth in the articles of
incorporation any of the corporate powers enumerated in this
chapter.
Unless the articles of incorporation provide that a change
in the number of directors shall be made only by amendment
to the articles of incorporation, a change in the number of
directors made by amendment to the bylaws shall be controlling. In all other cases, whenever a provision of the articles of
incorporation is inconsistent with a bylaw, the provision of
the articles of incorporation shall be controlling. [1987 c 212
§ 703; 1982 c 35 § 75; 1967 c 235 § 6.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Amending articles of incorporation: RCW 24.03.160 through 24.03.180.
Bylaws: RCW 24.03.070.
24.03.027
24.03.027 Filing false statements—Penalty.
RCW 43.07.210.
See
24.03.030
24.03.030 Limitations. A corporation subject to this
chapter:
(1) Shall not have or issue shares of stock;
(2) Shall not make any disbursement of income to its
members, directors or officers;
(3) Shall not loan money or credit to its officers or directors;
(4) May pay compensation in a reasonable amount to its
members, directors or officers for services rendered;
(5) May confer benefits upon its members in conformity
with its purposes; and
(6) Upon dissolution or final liquidation may make distributions to its members as permitted by this chapter, and no
such payment, benefit or distribution shall be deemed to be a
dividend or a distribution of income. [1986 c 240 § 4; 1967 c
235 § 7.]
24.03.035
24.03.035 General powers. Each corporation shall
have power:
(1) To have perpetual succession by its corporate name
unless a limited period of duration is stated in its articles of
incorporation.
(2) To sue and be sued, complain and defend, in its corporate name.
(3) To have a corporate seal which may be altered at
pleasure, and to use the same by causing it, or a facsimile
thereof, to be impressed or affixed or in any other manner
reproduced.
(4) To purchase, take, receive, lease, take by gift, devise
or bequest, or otherwise acquire, own, hold, improve, use and
otherwise deal in and with real or personal property, or any
interest therein, wherever situated.
(5) To sell, convey, mortgage, pledge, lease, exchange,
transfer and otherwise dispose of all or any part of its property and assets.
(6) To lend money or credit to its employees other than
its officers and directors.
(2004 Ed.)
24.03.035
(7) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
lend, pledge, or otherwise dispose of, and otherwise use and
deal in and with, shares or other interests in, or obligations of,
other domestic or foreign corporations, whether for profit or
not for profit, associations, partnerships or individuals, or
direct or indirect obligations of the United States, or of any
other government, state, territory, governmental district or
municipality or of any instrumentality thereof.
(8) To make contracts and incur liabilities, borrow
money at such rates of interest as the corporation may determine, issue its notes, bonds, and other obligations, and secure
any of its obligations by mortgage or pledge of all or any of
its property, franchises and income.
(9) To lend money for its corporate purposes, invest and
reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or
invested.
(10) To conduct its affairs, carry on its operations, and
have offices and exercise the powers granted by this chapter
in any state, territory, district, or possession of the United
States, or in any foreign country.
(11) To elect or appoint officers and agents of the corporation, and define their duties and fix their compensation.
(12) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of the affairs of the corporation.
(13) Unless otherwise provided in the articles of incorporation, to make donations for the public welfare or for charitable, scientific or educational purposes; and in time of war to
make donations in aid of war activities.
(14) To indemnify any director or officer or former
director or officer or other person in the manner and to the
extent provided in RCW 23B.08.500 through 23B.08.600, as
now existing or hereafter amended.
(15) To make guarantees respecting the contracts, securities, or obligations of any person (including, but not limited
to, any member, any affiliated or unaffiliated individual,
domestic or foreign, profit or not for profit, corporation, partnership, association, joint venture or trust) if such guarantee
may reasonably be expected to benefit, directly or indirectly,
the guarantor corporation. As to the enforceability of the
guarantee, the decision of the board of directors that the guarantee may be reasonably expected to benefit, directly or indirectly, the guarantor corporation shall be binding in respect to
the issue of benefit to the guarantor corporation.
(16) To pay pensions and establish pension plans, pension trusts, and other benefit plans for any or all of its directors, officers, and employees.
(17) To be a promoter, partner, member, associate or
manager of any partnership, joint venture, trust or other
enterprise.
(18) To be a trustee of a charitable trust, to administer a
charitable trust and to act as executor in relation to any charitable bequest or devise to the corporation. This subsection
shall not be construed as conferring authority to engage in the
general business of trusts nor in the business of trust banking.
(19) To cease its corporate activities and surrender its
corporate franchise.
[Title 24 RCW—page 5]
24.03.040
Title 24 RCW: Corporations and Associations (Nonprofit)
(20) To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized. [1991 c 72 § 42; 1986 c 240 § 5; 1967 c
235 § 8.]
Unauthorized assumption of corporate power: RCW 24.03.470.
24.03.040
24.03.040 Defense of ultra vires. No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the
fact that the corporation was without capacity or power to do
such act or to make or receive such conveyance or transfer,
but such lack of capacity or power may be asserted:
(1) In a proceeding by a member or a director against the
corporation to enjoin the doing or continuation of unauthorized acts, or the transfer of real or personal property by or to
the corporation. If the unauthorized acts or transfer sought to
be enjoined are being, or are to be, performed pursuant to any
contract to which the corporation is a party, the court may, if
all of the parties to the contract are parties to the proceeding
and if it deems the same to be equitable, set aside and enjoin
the performance of such contract, and in so doing may allow
to the corporation or the other parties to the contract, as the
case may be, compensation for the loss or damage sustained
by either of them which may result from the action of the
court in setting aside and enjoining the performance of such
contract, but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a
loss or damage sustained.
(2) In a proceeding by the corporation, whether acting
directly or through a receiver, trustee, or other legal representative, or through members in a representative suit, against
the officers or directors of the corporation for exceeding their
authority.
(3) In a proceeding by the attorney general, as provided
in this chapter, to dissolve the corporation, or in a proceeding
by the attorney general to enjoin the corporation from performing unauthorized acts, or in any other proceeding by the
attorney general. [1967 c 235 § 9.]
Dissolution: RCW 24.03.220 through 24.03.270.
24.03.043
24.03.043 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.03.045
24.03.045 Corporate name. The corporate name:
(1) Shall not contain any word or phrase which indicates
or implies that it is organized for any purpose other than one
or more of the purposes contained in its articles of incorporation.
(2)(a) Except as provided in (b) and (c) of this subsection, must be distinguishable upon the records of the secretary of state from:
(i) The corporate name or reserved name of a corporation
or domestic corporation organized or authorized to transact
business under this chapter;
(ii) A corporate name reserved or registered under chapter 23B.04 RCW;
(iii) The fictitious name adopted under RCW
23B.15.060 by a foreign corporation authorized to transact
business in this state because its real name is unavailable;
[Title 24 RCW—page 6]
(iv) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under chapter 24.06 RCW;
(v) The name or reserved name of a foreign or domestic
limited partnership formed or registered under chapter 25.10
RCW;
(vi) The name or reserved name of a limited liability
company organized or registered under chapter 25.15 RCW;
and
(vii) The name or reserved name of a limited liability
partnership registered under chapter 25.04 RCW.
(b) A corporation may apply to the secretary of state for
authorization to use a name that is not distinguishable upon
the records from one or more of the names described in (a) of
this subsection. The secretary of state shall authorize use of
the name applied for if:
(i) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use
in the form of a record and files with the secretary of state
records necessary to change its name or the name reserved or
registered to a name that is distinguishable upon the records
of the secretary of state from the name of the applying corporation; or
(ii) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant's right to use the name
applied for in this state.
(c) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, limited liability company, limited partnership, or limited liability
partnership, that is used in this state if the other entity is
formed or authorized to transact business in this state, and the
proposed user corporation:
(i) Has merged with the other corporation, limited liability company, or limited partnership; or
(ii) Has been formed by reorganization of the other corporation.
(3) Shall be transliterated into letters of the English
alphabet, if it is not in English.
(4) Shall not include or end with "incorporated," "company," "corporation," "partnership," "limited partnership," or
"Ltd.," or any abbreviation thereof, but may use "club,"
"league," "association," "services," "committee," "fund,"
"society," "foundation," ". . . . . ., a nonprofit corporation," or
any name of like import.
(5) May only include the term "public benefit" or names
of like import if the corporation has been designated as a public benefit nonprofit corporation by the secretary in accordance with this chapter.
(6) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(2004 Ed.)
Washington Nonprofit Corporation Act
(d) Use of abbreviation or the plural form of a word in
the same name.
(7) This title does not control the use of assumed business names or "trade names." [2004 c 265 § 7; 1998 c 102 §
3; 1994 c 211 § 1305; 1989 c 291 § 10; 1987 c 55 § 39; 1986
c 240 § 6; 1982 c 35 § 76; 1967 c 235 § 10.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Corporate name of foreign corporation: RCW 24.03.315.
24.03.046
24.03.046 Reservation of exclusive right to use a corporate name. The exclusive right to the use of a corporate
name may be reserved by:
(1) Any person intending to organize a corporation under
this title.
(2) Any domestic corporation intending to change its
name.
(3) Any foreign corporation intending to make application for a certificate of authority to transact business in this
state.
(4) Any foreign corporation authorized to transact business in this state and intending to change its name.
(5) Any person intending to organize a foreign corporation and intending to have such corporation make application
for a certificate of authority to transact business in this state.
The reservation shall be made by filing with the secretary of state an application to reserve a specified corporate
name, executed by or on behalf of the applicant. If the secretary of state finds that the name is available for corporate use,
the secretary of state shall reserve the same for the exclusive
use of the applicant for a period of one hundred and eighty
days. Such reservation shall be limited to one filing.
The right to the exclusive use of a specified corporate
name so reserved may be transferred to any other person or
corporation by filing in the office of the secretary of state, a
notice of such transfer, executed by the applicant for whom
the name was reserved, and specifying the name and address
of the transferee. [1993 c 356 § 1; 1982 c 35 § 77.]
Effective date—1993 c 356: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 356 § 25.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.047
24.03.047 Registration of corporate name. Any corporation, organized and existing under the laws of any state
or territory of the United States may register its corporate
name under this title, provided its corporate name is not the
same as, or deceptively similar to, the name of any domestic
corporation existing under the laws of this state, the name of
any foreign corporation authorized to transact business in this
state, the name of any domestic limited liability company
organized under the laws of this state, the name of any foreign limited liability company authorized to transact business
in this state, the name of any limited partnership on file with
(2004 Ed.)
24.03.050
the secretary, or any corporate name reserved or registered
under this title.
Such registration shall be made by:
(1) Filing with the secretary of state: (a) An application
for registration executed by the corporation by an officer
thereof, setting forth the name of the corporation, the state or
country under the laws of which it is incorporated, [and] the
date of its incorporation, and (b) a certificate setting forth that
such corporation is in good standing under the laws of the
state or territory wherein it is organized, executed by the secretary of state of such state or country or by such other official as may have custody of the records pertaining to corporations, and
(2) Paying to the secretary of state the applicable registration fee.
The registration shall be effective until the close of the
calendar year in which the application for registration is filed.
[1994 c 211 § 1306; 1993 c 356 § 2; 1987 c 55 § 40; 1986 c
240 § 7; 1982 c 35 § 78.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.048
24.03.048 Renewal of registration of corporate name.
A corporation which has in effect a registration of its corporate name, may renew such registration from year to year by
annually filing an application for renewal setting forth the
facts required to be set forth in an original application for registration and a certificate of good standing as required for the
original registration and by paying the applicable fee. A
renewal application may be filed between the first day of
October and the thirty-first day of December in each year,
and shall extend the registration for the following calendar
year. [1986 c 240 § 8; 1982 c 35 § 79.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.050
24.03.050 Registered office and registered agent.
Each corporation shall have and continuously maintain in this
state:
(1) A registered office which may be, but need not be,
the same as its principal office. The registered office shall be
at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural
route, or, if a commonly known street or rural route address
does not exist, by legal description. A registered office may
not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the
secretary of state may permit the use of a post office address
in conjunction with the registered office address if the corporation also maintains on file the specific geographic address
of the registered office where personal service of process may
be made.
(2) A registered agent, which agent may be either an
individual resident in this state whose business office is identical with such registered office, or a domestic corporation,
whether for profit or not for profit, or a foreign corporation,
whether for profit or not for profit, authorized to transact
business or conduct affairs in this state, having an office iden[Title 24 RCW—page 7]
24.03.055
Title 24 RCW: Corporations and Associations (Nonprofit)
tical with such registered office, or a domestic limited liability company whose business office is identical with the registered office, or a foreign limited liability company authorized
to conduct affairs in this state whose business address is identical with the registered office. A registered agent shall not
be appointed without having given prior consent to the
appointment, in the form of a record. The consent shall be
filed with the secretary of state in such form as the secretary
may prescribe. The consent shall be filed with or as a part of
the record first appointing a registered agent. In the event any
individual, corporation, or limited liability company has been
appointed agent without consent, that person, corporation, or
limited liability company may file a notarized statement
attesting to that fact, and the name shall immediately be
removed from the records of the secretary of state.
No Washington corporation or foreign corporation
authorized to conduct affairs in this state may be permitted to
maintain any action in any court in this state until the corporation complies with the requirements of this section. [2004
c 265 § 8; 1986 c 240 § 9; 1982 c 35 § 80; 1969 ex.s. c 163 §
1; 1967 c 235 § 11.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.055
24.03.055 Change of registered office or registered
agent. A corporation may change its registered office or
change its registered agent, or both, upon filing in the office
of the secretary of state in the form prescribed by the secretary of state a statement setting forth:
(1) The name of the corporation.
(2) If the current registered office is to be changed, the
street address to which the registered office is to be changed.
(3) If the current registered agent is to be changed, the
name of the new registered agent.
(4) That the address of its registered office and the
address of the office of its registered agent, as changed, will
be identical.
Such statement shall be executed by the corporation by
an officer of the corporation, and delivered to the secretary of
state, together with a consent, in the form of a record, of the
registered agent to the appointment, if applicable. If the secretary of state finds that such statement conforms to the provisions of this chapter, the secretary of state shall endorse
thereon the word "Filed," and the month, day, and year of the
filing thereof, and file the statement. The change of address
of the registered office, or the appointment of a new registered agent, or both, as the case may be, shall become effective upon filing unless a later date is specified.
Any registered agent of a corporation may resign as such
agent upon filing a notice thereof, in the form of a record,
with the secretary of state, who shall immediately deliver an
exact or conformed copy thereof to the corporation in care of
an officer, who is not the resigning registered agent, at the
address of such officer as shown by the most recent annual
report of the corporation. The appointment of such agent
shall terminate upon the expiration of thirty days after receipt
of such notice by the secretary of state.
If a registered agent changes the agent's business address
to another place within the state, the agent may change such
address and the address of the registered office of any corporation of which the agent is a registered agent, by filing a
[Title 24 RCW—page 8]
statement as required by this section except that it need be
executed only by the registered agent, it need not be responsive to subsection (3) of this section, and it must recite that a
copy of the statement has been delivered to the secretary of
the corporation. [2004 c 265 § 9; 1993 c 356 § 3; 1986 c 240
§ 10; 1982 c 35 § 81; 1967 c 235 § 12.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.060 Service of process on corporation. The registered agent so appointed by a corporation shall be an agent
of such corporation upon whom any process, notice or
demand required or permitted by law to be served upon the
corporation may be served.
Whenever a corporation shall fail to appoint or maintain
a registered agent in this state, or whenever its registered
agent cannot with reasonable diligence be found at the registered office, then the secretary of state shall be an agent of
such corporation upon whom any such process, notice, or
demand may be served. Service on the secretary of state of
any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any
duly authorized clerk of the corporation department of the
secretary of state's office, duplicate copies of such process,
notice or demand. In the event any such process, notice or
demand is served on the secretary of state, the secretary of
state shall immediately cause one of the copies thereof to be
forwarded by certified mail, addressed to the secretary of the
corporation as shown on the records of the secretary of state.
Any service so had on the secretary of state shall be returnable in not less than thirty days.
The secretary of state shall keep a record of all processes,
notices and demands served upon the secretary of state under
this section, and shall record therein the time of such service
and the secretary of state's action with reference thereto.
Nothing herein contained shall limit or affect the right to
serve any process, notice or demand required or permitted by
law to be served upon a corporation in any other manner now
or hereafter permitted by law. [1986 c 240 § 11; 1982 c 35 §
82; 1967 c 235 § 13.]
24.03.060
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.065 Members—Member committees. (1) A
corporation may have one or more classes of members or
may have no members. If the corporation has one or more
classes of members, the designation of the class or classes,
the manner of election or appointment and the qualifications
and rights of the members of each class must be set forth in
the articles of incorporation or the bylaws. Unless otherwise
specified in the articles of incorporation or the bylaws, an
individual, domestic or foreign profit or nonprofit corporation, a general or limited partnership, an association or other
entity may be a member of a corporation. If the corporation
has no members, that fact must be set forth in the articles of
incorporation or the bylaws. A corporation may issue certificates evidencing membership therein.
(2) A corporation may have one or more member committees. The creation, makeup, authority, and operating procedures of any member committee or committees must be
24.03.065
(2004 Ed.)
Washington Nonprofit Corporation Act
addressed in the corporation's articles of incorporation or
bylaws. [2004 c 98 § 1; 1986 c 240 § 12; 1967 c 235 § 14.]
24.03.070
24.03.070 Bylaws. The initial bylaws of a corporation
shall be adopted by its board of directors. The power to alter,
amend or repeal the bylaws or adopt new bylaws shall be
vested in the board of directors unless otherwise provided in
the articles of incorporation or the bylaws. The bylaws may
contain any provisions for the regulation and management of
the affairs of a corporation not inconsistent with law or the
articles of incorporation. The board may adopt emergency
bylaws in the manner provided by RCW 23B.02.070. [1991
c 72 § 43; 1986 c 240 § 13; 1967 c 235 § 15.]
24.03.075
24.03.075 Meetings of members and committees of
members. Meetings of members and committees of members may be held at such place, either within or without this
state, as stated in or fixed in accordance with the bylaws. In
the absence of any such provision, all meetings must be held
at the registered office of the corporation in this state.
An annual meeting of the members must be held at the
time stated in or fixed in accordance with the bylaws. Failure
to hold the annual meeting at the designated time does not
work a forfeiture or dissolution of the corporation.
Special meetings of the members may be called by the
president or by the board of directors. Special meetings of
the members may also be called by other officers or persons
or number or proportion of members as provided in the articles of incorporation or the bylaws. In the absence of a provision fixing the number or proportion of members entitled to
call a meeting, a special meeting of members may be called
by members having one-twentieth of the votes entitled to be
cast at the meeting.
Except as otherwise restricted by the articles of incorporation or the bylaws, members and any committee of members of the corporation may participate in a meeting by conference telephone or similar communications equipment so
that all persons participating in the meeting can hear each
other at the same time. Participation by that method constitutes presence in person at a meeting. [2004 c 98 § 2; 1986 c
240 § 14; 1967 c 235 § 16.]
24.03.080
24.03.080 Notice of members' meetings. (1) Notice,
in the form of a record, in a tangible medium, or in an electronic transmission, stating the place, day, and hour of the
annual meeting and, in case of a special meeting, the purpose
or purposes for which the meeting is called, shall be delivered
not less than ten nor more than fifty days before the date of
the meeting, by or at the direction of the president, or the secretary, or the officers or persons calling the meeting, to each
member entitled to vote at such meeting. Notice of regular
meetings other than annual shall be made by providing each
member with the adopted schedule of regular meetings for
the ensuing year at any time after the annual meeting and ten
days prior to the next succeeding regular meeting and at any
time when requested by a member or by such other notice as
may be prescribed by the bylaws.
(2) If notice is provided in a tangible medium, it may be
transmitted by: Mail, private carrier, or personal delivery;
telegraph or teletype; or telephone, wire, or wireless equip(2004 Ed.)
24.03.090
ment that transmits a facsimile of the notice. If mailed, such
notice shall be deemed to be delivered when deposited in the
United States mail addressed to the member at his or her
address as it appears on the records of the corporation, with
postage thereon prepaid. Other forms of notice in a tangible
medium described in this subsection are effective when
received.
(3) If notice is provided in an electronic transmission, it
must satisfy the requirements of RCW 24.03.009. [2004 c
265 § 10; 1969 ex.s. c 115 § 1; 1967 c 235 § 17.]
Waiver of notice: RCW 24.03.460.
24.03.085
24.03.085 Voting. (1) The right of the members, or any
class or classes of members, to vote may be limited, enlarged
or denied to the extent specified in the articles of incorporation or the bylaws. Unless so limited, enlarged or denied,
each member, regardless of class, shall be entitled to one vote
on each matter submitted to a vote of members.
(2) A member may vote in person or, if so authorized by
the articles of incorporation or the bylaws, may vote by mail,
by electronic transmission, or by proxy in the form of a
record executed by the member or a duly authorized attorneyin-fact. No proxy shall be valid after eleven months from the
date of its execution, unless otherwise provided in the proxy.
(3) If specifically permitted by the articles of incorporation or bylaws, whenever proposals or directors or officers
are to be elected by members, the vote may be taken by mail
or by electronic transmission if the name of each candidate
and the text of each proposal to be voted upon are set forth in
a record accompanying or contained in the notice of meeting.
If the bylaws provide, an election may be conducted by electronic transmission if the corporation has designated an
address, location, or system to which the ballot may be electronically transmitted and the ballot is electronically transmitted to the designated address, location, or system, in an
executed electronically transmitted record. Members voting
by mail or electronic transmission are present for all purposes
of quorum, count of votes, and percentages of total voting
power present.
(4) The articles of incorporation or the bylaws may provide that in all elections for directors every member entitled
to vote shall have the right to cumulate his [or her] vote and
to give one candidate a number of votes equal to his [or her]
vote multiplied by the number of directors to be elected, or by
distributing such votes on the same principle among any
number of such candidates. [2004 c 265 § 11; 1969 ex.s. c
115 § 2; 1967 c 235 § 18.]
Greater voting requirements: RCW 24.03.455.
24.03.090
24.03.090 Quorum. The bylaws may provide the number or percentage of members entitled to vote represented in
person or by proxy, or the number or percentage of votes represented in person or by proxy, which shall constitute a quorum at a meeting of members. In the absence of any such provision, members holding one-tenth of the votes entitled to be
cast represented in person or by proxy shall constitute a quorum. The vote of a majority of the votes entitled to be cast by
the members present or represented by proxy at a meeting at
which a quorum is present, shall be necessary for the adoption of any matter voted upon by the members, unless a
[Title 24 RCW—page 9]
24.03.095
Title 24 RCW: Corporations and Associations (Nonprofit)
greater proportion is required by this chapter, the articles of
incorporation or the bylaws. [1967 c 235 § 19.]
the vote of the members of that class and not to the vote of the
members as a whole. [1986 c 240 § 16.]
Greater voting requirements: RCW 24.03.455.
24.03.1031
24.03.095
24.03.095 Board of directors. The affairs of a corporation shall be managed by a board of directors. Directors need
not be residents of this state or members of the corporation
unless the articles of incorporation or the bylaws so require.
The articles of incorporation or the bylaws may prescribe
other qualifications for directors. [1967 c 235 § 20.]
24.03.100
24.03.100 Number and election or appointment of
directors. The board of directors of a corporation shall consist of one or more individuals. The number of directors shall
be fixed by or in the manner provided in the articles of incorporation or the bylaws, except as to the number constituting
the initial board of directors, which number shall be fixed by
the articles of incorporation. The number of directors may be
increased or decreased from time to time by amendment to or
in the manner provided in the articles of incorporation or the
bylaws, but a decrease shall not have the effect of shortening
the term of any incumbent director. In the absence of a bylaw
providing for the number of directors, the number shall be the
same as that provided for in the articles of incorporation. The
names and addresses of the members of the first board of
directors shall be stated in the articles of incorporation. Such
persons shall hold office until the first annual election of
directors or for such other period as may be specified in the
articles of incorporation or the bylaws. Thereafter, directors
shall be elected or appointed in the manner and for the terms
provided in the articles of incorporation or the bylaws. Directors may be divided into classes and the terms of office and
manner of election or appointment need not be uniform. Each
director shall hold office for the term for which the director is
elected or appointed and until the director's successor shall
have been selected and qualified. [1986 c 240 § 15; 1967 c
235 § 21.]
24.03.103
24.03.103 Removal of directors. The bylaws or articles of incorporation may contain a procedure for removal of
directors. If the articles of incorporation or bylaws provide
for the election of any director or directors by members, then
in the absence of any provision regarding removal of directors:
(1) Any director elected by members may be removed,
with or without cause, by two-thirds of the votes cast by
members having voting rights with regard to the election of
any director, represented in person or by proxy at a meeting
of members at which a quorum is present;
(2) In the case of a corporation having cumulative voting, if less than the entire board is to be removed, no one of
the directors may be removed if the votes cast against that
director's removal would be sufficient to elect that director if
then cumulatively voted at an election of the entire board of
directors, or, if there be classes of directors, at an election of
the class of directors of which he or she is a part; and
(3) Whenever the members of any class are entitled to
elect one or more directors by the provisions of the articles of
incorporation, the provisions of this section shall apply, in
respect to the removal of a director or directors so elected, to
[Title 24 RCW—page 10]
24.03.1031 Judicial removal of directors. (1) The
superior court of the county where a corporation's principal
office, or, if none in this state, its registered office, is located
may remove a director of the corporation from office in a proceeding commenced by the corporation if the court finds that
(a) the director engaged in fraudulent or dishonest conduct
with respect to the corporation, and (b) removal is in the best
interest of the corporation.
(2) The court that removes a director may bar the director from reelection for a period prescribed by the court.
[1999 c 32 § 1.]
24.03.105
24.03.105 Vacancies. Any vacancy occurring in the
board of directors and any directorship to be filled by reason
of an increase in the number of directors may be filled by the
affirmative vote of a majority of the remaining board of
directors even though less than a quorum is present unless the
articles of incorporation or the bylaws provide that a vacancy
or directorship so created shall be filled in some other manner, in which case such provision shall control. A director
elected or appointed, as the case may be, to fill a vacancy
shall be elected or appointed for the unexpired term of his
predecessor in office. [1986 c 240 § 17; 1967 c 235 § 22.]
24.03.110
24.03.110 Quorum of directors. A majority of the
number of directors fixed by, or in the manner provided in the
bylaws, or in the absence of a bylaw fixing or providing for
the number of directors, then of the number fixed by or in the
manner provided in the articles of incorporation, shall constitute a quorum for the transaction of business, unless otherwise provided in the articles of incorporation or the bylaws;
but in no event shall a quorum consist of less than one-third
of the number of directors so fixed or stated. The act of the
majority of the directors present at a meeting at which a quorum is present shall be the act of the board of directors, unless
the act of a greater number is required by this chapter, the
articles of incorporation or the bylaws. [1986 c 240 § 18;
1967 c 235 § 23.]
Greater voting requirements: RCW 24.03.455.
24.03.113
24.03.113 Assent presumed—Procedures for dissent
or abstention. A director of a corporation who is present at
a meeting of its board of directors at which action on any corporate matter is taken shall be presumed to have assented to
the action taken unless the director's dissent or abstention
shall be entered in the minutes of the meeting or unless the
director shall deliver his or her dissent or abstention to such
action to the person acting as the secretary of the meeting
before the adjournment thereof, or shall deliver such dissent
or abstention to the secretary of the corporation immediately
after the adjournment of the meeting which dissent or abstention must be in the form of a record. Such right to dissent or
abstain shall not apply to a director who voted in favor of
such action. [2004 c 265 § 12; 1986 c 240 § 19.]
24.03.115
24.03.115 Committees. If the articles of incorporation
or the bylaws so provide, the board of directors, by resolution
(2004 Ed.)
Washington Nonprofit Corporation Act
adopted by a majority of the directors in office, may designate and appoint one or more committees each of which shall
consist of two or more directors, which committees, to the
extent provided in such resolution, in the articles of incorporation or in the bylaws of the corporation, shall have and
exercise the authority of the board of directors in the management of the corporation: PROVIDED, That no such committee shall have the authority of the board of directors in reference to amending, altering or repealing the bylaws; electing,
appointing or removing any member of any such committee
or any director or officer of the corporation; amending the
articles of incorporation; adopting a plan of merger or adopting a plan of consolidation with another corporation; authorizing the sale, lease, or exchange of all or substantially all of
the property and assets of the corporation not in the ordinary
course of business; authorizing the voluntary dissolution of
the corporation or revoking proceedings therefor; adopting a
plan for the distribution of the assets of the corporation; or
amending, altering or repealing any resolution of the board of
directors which by its terms provides that it shall not be
amended, altered or repealed by such committee. The designation and appointment of any such committee and the delegation thereto of authority shall not operate to relieve the
board of directors, or any individual director of any responsibility imposed upon it or him by law. [1986 c 240 § 20; 1967
c 235 § 24.]
24.03.120
24.03.120 Place and notice of directors' meetings.
Meetings of the board of directors, regular or special, may be
held either within or without this state.
Regular meetings of the board of directors or of any
committee designated by the board of directors may be held
with or without notice as prescribed in the bylaws. Special
meeting of the board of directors or any committee designated by the board of directors shall be held upon such notice
as is prescribed in the bylaws. Attendance of a director or a
committee member at a meeting shall constitute a waiver of
notice of such meeting, except where a director or a committee member attends a meeting for the express purpose of
objecting to the transaction of any business because the meeting is not lawfully called or convened. Neither the business
to be transacted at, nor the purpose of, any regular or special
meeting of the board of directors or any committee designated by the board of directors need be specified in the notice
or waiver of notice of such meeting unless required by the
bylaws. If notice of regular or special meetings is provided
by electronic transmission, it must satisfy the requirements of
RCW 24.03.009.
Except as may be otherwise restricted by the articles of
incorporation or bylaws, members of the board of directors or
any committee designated by the board of directors may participate in a meeting of such board or committee by means of
a conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other at the same time and participation by
such means shall constitute presence in person at a meeting.
[2004 c 265 § 13; 1986 c 240 § 21; 1967 c 235 § 25.]
Waiver of notice: RCW 24.03.460.
(2004 Ed.)
24.03.135
24.03.125
24.03.125 Officers. The officers of a corporation shall
consist of a president, one or more vice presidents, a secretary, and a treasurer, each of whom shall be elected or
appointed at such time and in such manner and for such terms
as may be prescribed in the articles of incorporation or the
bylaws. In the absence of any such provision, all officers
shall be elected or appointed annually by the board of directors. If the articles or bylaws so provide, any two or more
offices may be held by the same person, except the offices of
president and secretary. Such other officers and assistant
officers or agents as may be deemed necessary may be
elected or appointed by the board of directors or chosen in
such other manner as may be prescribed by the articles or
bylaws.
The articles of incorporation or the bylaws may provide
that any one or more officers of the corporation shall be ex
officio members of the board of directors.
The officers of a corporation may be designated by such
additional titles as may be provided in the articles of incorporation or the bylaws. [1986 c 240 § 22; 1967 c 235 § 26.]
24.03.127
24.03.127 Duties of a director. A director shall perform the duties of a director, including the duties as a member
of any committee of the board upon which the director may
serve, in good faith, in a manner such director believes to be
in the best interests of the corporation, and with such care,
including reasonable inquiry, as an ordinarily prudent person
in a like position would use under similar circumstances.
In performing the duties of a director, a director shall be
entitled to rely on information, opinions, reports, or statements, including financial statements and other financial
data, in each case prepared or presented by:
(1) One or more officers or employees of the corporation
whom the director believes to be reliable and competent in
the matter presented;
(2) Counsel, public accountants, or other persons as to
matters which the director believes to be within such person's
professional or expert competence; or
(3) A committee of the board upon which the director
does not serve, duly designated in accordance with a provision in the articles of incorporation or bylaws, as to matters
within its designated authority, which committee the director
believes to merit confidence; so long as, in any such case, the
director acts in good faith, after reasonable inquiry when the
need therefor is indicated by the circumstances and without
knowledge that would cause such reliance to be unwarranted.
[1986 c 240 § 23.]
24.03.130
24.03.130 Removal of officers. Any officer elected or
appointed may be removed by the persons authorized to elect
or appoint such officer whenever in their judgment the best
interests of the corporation will be served thereby. The
removal of an officer shall be without prejudice to the contract rights, if any, of the officer so removed. Election or
appointment of an officer or agent shall not of itself create
contract rights. [1967 c 235 § 27.]
24.03.135
24.03.135 Required documents in the form of a
record—Inspection—Copying. Each corporation shall
keep at its registered office, its principal office in this state, or
[Title 24 RCW—page 11]
24.03.140
Title 24 RCW: Corporations and Associations (Nonprofit)
at its secretary's office if in this state, the following documents in the form of a record:
(1) Current articles and bylaws;
(2) A list of members, including names, addresses, and
classes of membership, if any;
(3) Correct and adequate statements of accounts and
finances;
(4) A list of officers' and directors' names and addresses;
(5) Minutes of the proceedings of the members, if any,
the board, and any minutes which may be maintained by
committees of the board.
The corporate records shall be open at any reasonable
time to inspection by any member of more than three months
standing or a representative of more than five percent of the
membership.
Cost of inspecting or copying shall be borne by such
member except for costs for copies of articles or bylaws. Any
such member must have a purpose for inspection reasonably
related to membership interests. Use or sale of members' lists
by such member if obtained by inspection is prohibited.
The superior court of the corporation's or such member's
residence may order inspection and may appoint independent
inspectors. Such member shall pay inspection costs unless
the court orders otherwise. [2004 c 265 § 14; 1986 c 240 §
24; 1967 c 235 § 28.]
24.03.140
24.03.140 Loans to directors and officers prohibited.
No loans shall be made by a corporation to its directors or
officers. The directors of a corporation who vote for or assent
to the making of a loan to a director or officer of the corporation, and any officer or officers participating in the making of
such loan, shall be jointly and severally liable to the corporation for the amount of such loan until the repayment thereof.
[1967 c 235 § 29.]
24.03.145
24.03.145 Filing of articles of incorporation. The articles of incorporation shall be delivered to the secretary of
state. If the secretary of state finds that the articles of incorporation conform to law, the secretary of state shall, when all
fees have been paid as in this chapter prescribed:
(1) Endorse on the articles the word "Filed" and the
effective date of the filing.
(2) File the articles.
(3) Issue a certificate of incorporation.
The certificate of incorporation together with an exact or
conformed copy of the articles of incorporation will be
returned to the incorporators or their representative. [2002 c
74 § 7; 1982 c 35 § 83; 1967 c 235 § 30.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.150
24.03.150 Effect of filing the articles of incorporation. Upon the filing of the articles of incorporation, the corporate existence shall begin, and the certificate of incorporation shall be conclusive evidence that all conditions precedent required to be performed by the incorporators have been
complied with and that the corporation has been incorporated
under this chapter, except as against the state in a proceeding
to cancel or revoke the certificate of incorporation or for
[Title 24 RCW—page 12]
involuntary or administrative dissolution. [1986 c 240 § 25;
1982 c 35 § 84; 1967 c 235 § 31.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.155
24.03.155 Organization meetings. After the issuance
of the certificate of incorporation an organization meeting of
the board of directors named in the articles of incorporation
shall be held, either within or without this state, at the call of
a majority of the directors named in the articles of incorporation, for the purpose of adopting bylaws, electing officers and
the transaction of such other business as may come before the
meeting. The directors calling the meeting shall give at least
three days' notice thereof by mail, facsimile transmission, or
electronic transmission to each director so named, which
notice shall be in the form of a record and shall state the time
and place of the meeting. If notice is provided by electronic
transmission, it must satisfy the requirements of RCW
24.03.009. Any action permitted to be taken at the organization meeting of the directors may be taken without a meeting
if each director executes a record stating the action so taken.
[2004 c 265 § 15; 1986 c 240 § 26; 1967 c 235 § 32.]
24.03.160
24.03.160 Right to amend articles of incorporation.
A corporation may amend its articles of incorporation, from
time to time, in any and as many respects as may be desired,
so long as its articles of incorporation as amended contain
only such provisions as are lawful under this chapter. [1967
c 235 § 33.]
24.03.165
24.03.165 Procedure to amend articles of incorporation. Amendments to the articles of incorporation shall be
made in the following manner:
(1) Where there are members having voting rights, with
regard to the question, the board of directors shall adopt a resolution setting forth the proposed amendment and directing
that it be submitted to a vote at a meeting of members having
voting rights, which may be either an annual or a special
meeting. Notice in the form of a record setting forth the proposed amendment or a summary of the changes to be effected
thereby shall be given to each member entitled to vote at such
meeting within the time and in the manner provided in this
chapter for the giving of notice of meetings of members. The
proposed amendment shall be adopted upon receiving at least
two-thirds of the votes which members present at such meeting or represented by proxy are entitled to cast.
(2) Where there are no members, or no members having
voting rights, with regard to the question, an amendment
shall be adopted at a meeting of the board of directors upon
receiving the vote of a majority of the directors in office.
Any number of amendments may be submitted and voted
upon at any one meeting. [2004 c 265 § 16; 1986 c 240 § 27;
1967 c 235 § 34.]
24.03.170
24.03.170 Articles of amendment. The articles of
amendment shall be executed by the corporation by an officer
of the corporation, and shall set forth:
(1) The name of the corporation.
(2) The amendment so adopted.
(2004 Ed.)
Washington Nonprofit Corporation Act
(3) Where there are members having voting rights, (a) a
statement setting forth the date of the meeting of members at
which the amendment was adopted, that a quorum was
present at such meeting, and that such amendment received at
least two-thirds of the votes which members present at such
meeting or represented by proxy were entitled to cast, or (b)
a statement that such amendment was adopted by a consent in
the form of a record executed by all members entitled to vote
with respect thereto.
(4) Where there are no members, or no members having
voting rights, a statement of such fact, the date of the meeting
of the board of directors at which the amendment was
adopted, and a statement of the fact that such amendment
received the vote of a majority of the directors in office.
[2004 c 265 § 17; 1982 c 35 § 85; 1967 c 235 § 35.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.175 Filing of articles of amendment. The articles of amendment shall be delivered to the secretary of state.
If the secretary of state finds that the articles of amendment
conform to law, the secretary of state shall, when all fees
have been paid as in this chapter prescribed:
(1) Endorse on the articles the word "Filed," and the
effective date of the filing.
(2) File the articles.
The exact or conformed copy of the articles of amendment bearing the filing endorsement affixed thereto by the
secretary of state, shall be returned to the corporation or its
representative. [2002 c 74 § 8; 1982 c 35 § 86; 1967 c 235 §
36.]
24.03.175
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Fees: RCW 24.03.405, 24.03.410.
24.03.180 Effect of filing of articles of amendment.
Upon the filing of the articles of amendment by the secretary
of state, or on such later date, not more than thirty days subsequent to the filing thereof by the secretary of state, as may
be provided in the articles of amendment, the amendment
shall become effective and the articles of incorporation shall
be deemed to be amended accordingly.
No amendment shall affect any existing cause of action
in favor of or against such corporation, or any pending action
to which such corporation shall be a party, or the existing
rights of persons other than members; and, in the event the
corporate name shall be changed by amendment, no action
brought by or against such corporation under its former name
shall abate for that reason. [1986 c 240 § 28; 1982 c 35 § 87;
1967 c 235 § 37.]
24.03.180
24.03.190
ment, under this section, must be presented notwithstanding
the corporation's adoption of a single resolution of amendment and restatement.
Upon the adoption of the resolution, restated articles of
incorporation shall be executed by the corporation by one of
its officers. The restated articles shall set forth all of the operative provisions of the articles of incorporation together with
a statement that the restated articles of incorporation correctly set forth without change the provisions of the articles
of incorporation as amended and that the restated articles of
incorporation supersede the original articles of incorporation
and all amendments thereto.
The restated articles of incorporation shall be delivered
to the secretary of state. If the secretary of state finds that the
restated articles of incorporation conform to law, the secretary of state shall, when all fees required by this title have
been paid:
(1) Endorse on the articles the word "Filed" and the date
of the filing;
(2) File the restated articles.
An exact or conformed copy of the restated articles of
incorporation bearing the endorsement affixed thereto by the
secretary of state, shall be returned to the corporation or its
representative.
Upon the filing of the restated articles of incorporation
by the secretary of state, the restated articles of incorporation
shall become effective and shall supersede the original articles of incorporation and all amendments thereto. [2004 c
265 § 18; 2002 c 74 § 9; 1986 c 240 § 29; 1982 c 35 § 88.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.185 Procedure for merger. Any two or more
domestic corporations subject to this chapter may merge into
one of such corporations pursuant to a plan of merger
approved in the manner provided in this chapter.
Each corporation shall adopt a plan of merger setting
forth:
(1) The names of the corporations proposing to merge,
and the name of the corporation into which they propose to
merge, which is hereinafter designated as the surviving corporation.
(2) The terms and conditions of the proposed merger.
(3) A statement of any changes in the articles of incorporation of the surviving corporation to be effected by such
merger.
(4) Such other provisions with respect to the proposed
merger as are deemed necessary or desirable. [1986 c 240 §
30; 1967 c 235 § 38.]
24.03.185
24.03.190 Procedure for consolidation. Any two or
more domestic corporations subject to this chapter may consolidate into a new corporation pursuant to a plan of consolidation approved in the manner provided in this chapter.
Each corporation shall adopt a plan of consolidation setting forth:
(1) The names of the corporations proposing to consolidate, and the name of the new corporation into which they
propose to consolidate, which is hereinafter designated as the
new corporation.
24.03.190
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.183 Restated articles of incorporation. A
domestic corporation may at any time restate its articles of
incorporation by a resolution adopted by the board of directors. A corporation may amend and restate in one resolution,
but may not present the amendments and restatement for filing by the secretary in a single record. Separate articles of
amendment, under RCW 24.03.165 and articles of restate24.03.183
(2004 Ed.)
[Title 24 RCW—page 13]
24.03.195
Title 24 RCW: Corporations and Associations (Nonprofit)
(2) The terms and conditions of the proposed consolidation.
(3) With respect to the new corporation, all of the statements required to be set forth in articles of incorporation for
corporations organized under this chapter.
(4) Such other provisions with respect to the proposed
consolidation as are deemed necessary or desirable. [1986 c
240 § 31; 1967 c 235 § 39.]
24.03.195
24.03.195 Approval of merger or consolidation. A
plan of merger or consolidation shall be adopted in the following manner:
(1) Where the members of any merging or consolidating
corporation have voting rights with regard to the question, the
board of directors of such corporation shall adopt a resolution
approving the proposed plan and directing that it be submitted to a vote at a meeting of members having voting rights,
which may be either an annual or a special meeting. Notice
in the form of a record setting forth the proposed plan or a
summary thereof shall be given to each member entitled to
vote at such meeting within the time and in the manner provided in this chapter for the giving of notice of meetings of
members. The proposed plan shall be adopted upon receiving at least two-thirds of the votes which members present at
each such meeting or represented by proxy are entitled to
cast.
(2) Where any merging or consolidating corporation has
no members, or no members having voting rights with regard
to the question, a plan of merger or consolidation shall be
adopted at a meeting of the board of directors of such corporation upon receiving the vote of a majority of the directors in
office.
After such approval, and at any time prior to the filing of
the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if
any, set forth in the plan of merger or consolidation. [2004 c
265 § 19; 1986 c 240 § 32; 1967 c 235 § 40.]
24.03.200
24.03.200 Articles of merger or consolidation. (1)
Upon such approval, articles of merger or articles of consolidation shall be executed by each corporation by an officer of
each corporation, and shall set forth:
(a) The plan of merger or the plan of consolidation;
(b) Where the members of any merging or consolidating
corporation have voting rights, then as to each such corporation (i) a statement setting forth the date of the meeting of
members at which the plan was adopted, that a quorum was
present at such meeting, and that such plan received at least
two-thirds of the votes which members present at such meeting or represented by proxy were entitled to cast, or (ii) a
statement that such amendment was adopted by a consent in
the form of a record executed by all members entitled to vote
with respect thereto;
(c) Where any merging or consolidating corporation has
no members, or no members having voting rights, then as to
each such corporation a statement of such fact, the date of the
meeting of the board of directors at which the plan was
adopted and a statement of the fact that such plan received the
vote of a majority of the directors in office.
[Title 24 RCW—page 14]
(2) The articles of merger or articles of consolidation
shall be delivered to the secretary of state. If the secretary of
state finds that such articles conform to law, the secretary of
state shall, when all fees have been paid as in this chapter prescribed:
(a) Endorse on the articles of merger or consolidation the
word "Filed," and the date of the filing;
(b) File the articles of merger or consolidation.
An exact or conformed copy of the articles of merger or
articles of consolidation bearing the filing endorsement
affixed thereto by the secretary of state, shall be returned to
the surviving or new corporation, as the case may be, or its
representative. [2004 c 265 § 20; 2002 c 74 § 10; 1986 c 240
§ 33; 1982 c 35 § 89; 1967 c 235 § 41.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.205 Merger or consolidation—When effective.
A merger or consolidation shall become effective upon the
filing of the articles of merger or articles of consolidation
with the secretary of state, or on such later date, not more than
thirty days after the filing thereof with the secretary of state,
as shall be provided for in the plan. [1986 c 240 § 34; 1982 c
35 § 90; 1967 c 235 § 42.]
24.03.205
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.207
24.03.207 Merger or consolidation of domestic and
foreign corporation. One or more foreign corporations and
one or more domestic corporations may be merged or consolidated in the following manner, if such merger or consolidation is permitted by the laws of the state under which each
such foreign corporation is organized:
(1) Each domestic corporation shall comply with the provisions of this title with respect to the merger or consolidation
as the case may be, of domestic corporations and each foreign
corporation shall comply with the applicable provisions of
the laws of the state under which it is organized.
(2) If the surviving or new corporation in a merger or
consolidation is to be governed by the laws of any state other
than this state, it shall comply with the provisions of this title
with respect to foreign corporations if it is to transact business in this state, and in every case it shall file with the secretary of state of this state:
(a) An agreement that it may be served with process in
this state in any proceeding for the enforcement of any obligation of any domestic corporation which is a party to the
merger or consolidation and in any proceeding for the
enforcement of the rights, if any, of a member of any such
domestic corporation against the surviving or new corporation; and
(b) An irrevocable appointment of the secretary of state
of this state as its agent to accept service of process in any
such proceeding.
The effect of the merger or consolidation shall be the
same as in the case of the merger or consolidation of domestic corporations, if the surviving or new corporation is to be
governed by the laws of this state. If the surviving or new
corporation is to be governed by the laws of any state other
than this state, the effect of the merger or consolidation shall
(2004 Ed.)
Washington Nonprofit Corporation Act
be the same as in the case of the merger or consolidation of
domestic corporations except as the laws of the other state
provide otherwise.
(3) At any time prior to the effective date of the articles
of merger or consolidation, the merger or consolidation may
be abandoned pursuant to provision therefor, if any, set forth
in the plan of merger or consolidation. In the event the
merger or consolidation is abandoned, the parties thereto
shall execute a notice of abandonment in triplicate executed
by an officer for each corporation executing the notice, which
must be in the form of a record. If the secretary of state finds
the notice conforms to law, the secretary of state shall:
(a) Endorse on each of the originals the word "Filed" and
the date of the filing;
(b) File one of the triplicate originals in the secretary of
state's office; and
(c) Issue the other triplicate originals to the respective
parties or their representatives. [2004 c 265 § 21; 1986 c 240
§ 35; 1982 c 35 § 91.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.210
24.03.210 Effect of merger or consolidation. When
such merger or consolidation has been affected:
(1) The several corporations parties to the plan of merger
or consolidation shall be a single corporation, which, in the
case of a merger, shall be that corporation designated in the
plan of merger as the surviving corporation, and, in the case
of a consolidation, shall be the new corporation provided for
in the plan of consolidation.
(2) The separate existence of all corporations parties to
the plan of merger or consolidation, except the surviving or
new corporation, shall cease.
(3) Such surviving or new corporation shall have all the
rights, privileges, immunities and powers and shall be subject
to all the duties and liabilities of a corporation organized
under this chapter.
(4) Such surviving or new corporation shall thereupon
and thereafter possess all the rights, privileges, immunities,
and franchises, as well of a public as of a private nature, of
each of the merging or consolidating corporations; and all
property, real, personal and mixed, and all debts due on whatever account, and all other choses in action, and all and every
other interest, of or belonging to or due to each of the corporations so merged or consolidated, shall be taken and deemed
to be transferred to and vested in such single corporation
without further act or deed; and the title to any real estate, or
any interest therein, vested in any of such corporations shall
not revert or be in any way impaired by reason of such merger
or consolidation.
(5) Such surviving or new corporation shall thenceforth
be responsible and liable for all the liabilities and obligations
of each of the corporations so merged or consolidated; and
any claim existing or action or proceeding pending by or
against any of such corporations may be prosecuted as if such
merger or consolidation had not taken place, or such surviving or new corporation may be substituted in its place. Neither the rights of creditors nor any liens upon the property of
any such corporation shall be impaired by such merger or
consolidation.
(2004 Ed.)
24.03.217
(6) In the case of a merger, the articles of incorporation
of the surviving corporation shall be deemed to be amended
to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger; and, in the case of a consolidation, the statements set forth in the articles of consolidation and which are required or permitted to be set forth in
the articles of incorporation of corporations organized under
this chapter shall be deemed to be the articles of incorporation of the new corporation. [1967 c 235 § 43.]
24.03.215
24.03.215 Sale, lease, exchange, or other disposition
of assets not in the ordinary course of business. A sale,
lease, exchange, or other disposition of all, or substantially
all, the property and assets of a corporation, if not in the ordinary course of business, may be made upon such terms and
conditions and for such consideration, which may consist in
whole or in part of money or property, real or personal,
including shares of any corporation for profit, domestic or
foreign, as may be authorized in the following manner:
(1) Where there are members having voting rights with
regard to the question, the board of directors shall adopt a resolution recommending such sale, lease, exchange, or other
disposition and directing that it be submitted to a vote at a
meeting of members having voting rights, which may be
either an annual or a special meeting. Notice in the form of a
record stating that the purpose, or one of the purposes, of
such meeting is to consider the sale, lease, exchange, or other
disposition of all, or substantially all, the property and assets
of the corporation shall be given to each member entitled to
vote at such meeting, within the time and in the manner provided by this chapter for the giving of notice of meetings of
members. At such meeting the members may authorize such
sale, lease, exchange, or other disposition and may fix, or
may authorize the board of directors to fix, any or all of the
terms and conditions thereof and the consideration to be
received by the corporation therefor. Such authorization
shall require at least two-thirds of the votes which members
present at such meeting or represented by proxy are entitled
to cast. After such authorization by a vote of members, the
board of directors, nevertheless, in its discretion, may abandon such sale, lease, exchange, or other disposition of assets,
subject to the rights of third parties under any contracts relating thereto, without further action or approval by members.
(2) Where there are no members, or no members having
voting rights with regard to the question, a sale, lease,
exchange, or other disposition of all, or substantially all, the
property and assets of a corporation shall be authorized upon
receiving the vote of a majority of the directors in office.
[2004 c 265 § 22; 1986 c 240 § 36; 1967 c 235 § 44.]
24.03.217
24.03.217 Sale, lease, exchange, or disposition of
assets in course of business—Mortgage and pledge of
assets. The sale, lease, exchange or other disposition of all,
or substantially all, the property and assets of a corporation in
the usual and regular course of its business and the mortgage
or pledge of any or all property and assets of a corporation
whether or not in the usual course of business may be made
upon such terms and conditions and for such consideration,
which may consist in whole or in part of money or property,
real or personal, including shares, obligations, or other secu[Title 24 RCW—page 15]
24.03.220
Title 24 RCW: Corporations and Associations (Nonprofit)
rities of any other corporation, domestic or foreign, as shall
be authorized by its board of directors. In any such case, no
other authorization or consent of any member shall be
required. [1986 c 240 § 37.]
24.03.220 Voluntary dissolution. A corporation may
dissolve and wind up its affairs in the following manner:
(1) Where there are members having voting rights with
regard to the question, the board of directors shall adopt a resolution recommending that the corporation be dissolved, and
directing that the question of such dissolution be submitted to
a vote at a meeting of members having such voting rights,
which may be either an annual or a special meeting. Notice
in the form of a record stating that the purpose, or one of the
purposes, of such meeting is to consider the advisability of
dissolving the corporation, shall be given to each member
entitled to vote at such meeting, within the time and in the
manner provided in this chapter for the giving of notice of
meetings of members. A resolution to dissolve the corporation shall be adopted upon receiving at least two-thirds of the
votes which members present at such meeting or represented
by proxy are entitled to cast.
(2) Where there are no members, or no members having
voting rights with regard to the question, the dissolution of
the corporation shall be authorized at a meeting of the board
of directors upon the adoption of a resolution to dissolve by
the vote of a majority of the directors in office.
Upon the adoption of such resolution by the members, or
by the board of directors where there are no members or no
members having voting rights, the corporation shall cease to
conduct its affairs except in so far as may be necessary for the
winding up thereof, shall immediately cause a notice of the
proposed dissolution to be mailed to each known creditor of
the corporation, to the attorney general with respect to assets
subject to RCW 24.03.225(3), and to the department of revenue, and shall proceed to collect its assets and apply and distribute them as provided in this chapter. [2004 c 265 § 23;
1986 c 240 § 38; 1982 c 35 § 92; 1967 c 235 § 45.]
24.03.220
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.225 Distribution of assets. The assets of a corporation in the process of dissolution shall be applied and distributed as follows:
(1) All liabilities and obligations of the corporation shall
be paid, satisfied and discharged, or adequate provision shall
be made therefor;
(2) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by
reason of the dissolution, shall be returned, transferred or
conveyed in accordance with such requirements;
(3) Assets received and held by the corporation subject
to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer
or conveyance by reason of the dissolution, shall be transferred or conveyed to one or more domestic or foreign corporations, societies or organizations engaged in activities substantially similar to those of the dissolving corporation, pursuant to a plan of distribution adopted as provided in this
chapter;
24.03.225
[Title 24 RCW—page 16]
(4) Other assets, if any, shall be distributed in accordance
with the provisions of the articles of incorporation or the
bylaws to the extent that the articles of incorporation or
bylaws determine the distributive rights of members, or any
class or classes of members, or provide for distribution to
others;
(5) Any remaining assets may be distributed to such persons, societies, organizations or domestic or foreign corporations, whether for profit or not for profit, as may be specified
in a plan of distribution adopted as provided in this chapter.
[1967 c 235 § 46.]
24.03.230
24.03.230 Plan of distribution. A plan providing for
the distribution of assets, not inconsistent with the provisions
of this chapter, may be adopted by a corporation in the process of dissolution and shall be adopted by a corporation for
the purpose of authorizing any transfer or conveyance of
assets for which this chapter requires a plan of distribution, in
the following manner:
(1) Where there are members having voting rights, the
board of directors shall adopt a resolution recommending a
plan of distribution and directing the submission thereof to a
vote at a meeting of members having voting rights, which
may be either an annual or a special meeting. Notice in the
form of a record setting forth the proposed plan of distribution or a summary thereof shall be given to each member
entitled to vote at such meeting, within the time and in the
manner provided in this chapter for the giving of notice of
meetings of members. Such plan of distribution shall be
adopted upon receiving at least two-thirds of the votes which
members present at such meeting or represented by proxy are
entitled to cast.
(2) Where there are no members, or no members having
voting rights, a plan of distribution shall be adopted at a meeting of the board of directors upon receiving a vote of a majority of the directors in office.
If the plan of distribution includes assets received and
held by the corporation subject to limitations described in
subsection (3) of RCW 24.03.225, notice of the adoption of
the proposed plan shall be submitted to the attorney general
by registered or certified mail directed to him at his office in
Olympia, at least twenty days prior to the meeting at which
the proposed plan is to be adopted. No plan for the distribution of such assets may be adopted without the approval of
the attorney general, or the approval of a court of competent
jurisdiction in a proceeding to which the attorney general is
made a party. In the event that an objection is not filed within
twenty days after the date of mailing, his approval shall be
deemed to have been given. [2004 c 265 § 24; 1969 ex.s. c
115 § 3; 1967 c 235 § 47.]
24.03.235
24.03.235 Revocation of voluntary dissolution proceedings. A corporation may, at any time prior to the issuance of a certificate of dissolution by the secretary of state,
revoke the action theretofore taken to dissolve the corporation, in the following manner:
(1) Where there are members having voting rights, the
board of directors shall adopt a resolution recommending that
the voluntary dissolution proceedings be revoked, and directing that the question of such revocation be submitted to a vote
(2004 Ed.)
Washington Nonprofit Corporation Act
at a meeting of members having voting rights, which may be
either an annual or a special meeting. Notice in the form of a
record stating that the purpose, or one of the purposes, of
such meeting is to consider the advisability of revoking the
voluntary dissolution proceedings, shall be given to each
member entitled to vote at such meeting, within the time and
in the manner provided in this chapter for the giving of notice
of meetings of members. A resolution to revoke the voluntary dissolution proceedings shall be adopted upon receiving
at least two-thirds of the votes which members present at
such meeting or represented by proxy are entitled to cast.
(2) Where there are no members, or no members having
voting rights, a resolution to revoke the voluntary dissolution
proceedings shall be adopted at a meeting of the board of
directors upon receiving the vote of a majority of the directors in office.
Upon the adoption of such resolution by the members, or
by the board of directors where there are no members or no
members having voting rights, the corporation may thereupon again conduct its affairs. [2004 c 265 § 25; 1967 c 235
§ 48.]
Notice of members' meetings: RCW 24.03.080.
24.03.240
24.03.240 Articles of dissolution. If voluntary dissolution proceedings have not been revoked, then when all debts,
liabilities and obligations of the corporation shall have been
paid and discharged, or adequate provision shall have been
made therefor, and all of the remaining property and assets of
the corporation shall have been transferred, conveyed or distributed in accordance with the provisions of this chapter,
articles of dissolution shall be executed by the corporation by
an officer of the corporation and shall set forth:
(1) The name of the corporation.
(2) Where there are members having voting rights, (a) a
statement setting forth the date of the meeting of members at
which the resolution to dissolve was adopted, that a quorum
was present at such meeting, and that such resolution
received at least two-thirds of the votes which members
present at such meeting or represented by proxy were entitled
to cast, or (b) a statement that such resolution was adopted by
a consent in the form of a record executed by all members
entitled to vote with respect thereto.
(3) Where there are no members, or no members having
voting rights, a statement of such fact, the date of the meeting
of the board of directors at which the resolution to dissolve
was adopted and a statement of the fact that such resolution
received the vote of a majority of the directors in office.
(4) That all debts, obligations, and liabilities of the corporation have been paid and discharged or that adequate provision has been made therefor.
(5) A copy of a revenue clearance certificate issued pursuant to chapter 82.32 RCW.
(6) That all the remaining property and assets of the corporation have been transferred, conveyed or distributed in
accordance with the provisions of this chapter.
(7) That there are no suits pending against the corporation in any court, or that adequate provision has been made
for the satisfaction of any judgment, order or decree which
may be entered against it in any pending suit. [2004 c 265 §
26; 1993 c 356 § 4; 1982 c 35 § 93; 1967 c 235 § 49.]
(2004 Ed.)
24.03.260
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.245 Filing of articles of dissolution. Articles of
dissolution shall be delivered to the secretary of state. If the
secretary of state finds that such articles of dissolution conform to law, the secretary of state shall, when all requirements have been met as in this chapter prescribed:
(1) Endorse on the articles of dissolution the word
"Filed," and the effective date of the filing.
(2) File the articles of dissolution.
The exact or conformed copy of the articles of dissolution, bearing the filing endorsement affixed thereto by the
secretary of state, shall be returned to the representative of
the dissolved corporation. Upon the filing of such articles of
dissolution the existence of the corporation shall cease,
except for the purpose of suits, other proceedings and appropriate corporate action by members, directors and officers as
provided in this chapter. [2002 c 74 § 11; 1982 c 35 § 94;
1967 c 235 § 50.]
24.03.245
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.250
24.03.250 Involuntary dissolution. A corporation may
be dissolved involuntarily by a decree of the superior court in
an action filed by the attorney general when it is established
that:
(1) The corporation procured its articles of incorporation
through fraud; or
(2) The corporation has continued to exceed or abuse the
authority conferred upon it by law. [1969 ex.s. c 163 § 2;
1967 c 235 § 51.]
Filing annual or biennial report: RCW 24.03.400.
24.03.255 Notification to attorney general. The secretary of state shall certify, from time to time, the names of all
corporations which have given cause for dissolution as provided in RCW 24.03.250, together with the facts pertinent
thereto. Whenever the secretary of state shall certify the name
of a corporation to the attorney general as having given any
cause for dissolution, the secretary of state shall concurrently
mail to the corporation at its registered office a notice that
such certification has been made. Upon the receipt of such
certification, the attorney general shall file an action in the
name of the state against such corporation for its dissolution.
[1982 c 35 § 95; 1969 ex.s. c 163 § 3; 1967 c 235 § 52.]
24.03.255
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.260 Venue and process. Every action for the
involuntary dissolution of a corporation shall be commenced
by the attorney general either in the superior court of the
county in which the registered office of the corporation is situated, or in the superior court of Thurston county. Summons
shall issue and be served as in other civil actions. If process is
returned not found, the attorney general shall cause publication to be made as in other civil cases in some newspaper
published in the county where the registered office of the corporation is situated, containing a notice of the pendency of
24.03.260
[Title 24 RCW—page 17]
24.03.265
Title 24 RCW: Corporations and Associations (Nonprofit)
such action, the title of the court, the title of the action, and
the date on or after which default may be entered. The attorney general may include in one notice the names of any number of corporations against which actions are then pending in
the same court. The attorney general shall cause a copy of
such notice to be mailed to the corporation at its registered
office within ten days after the first publication thereof. The
certificate of the attorney general of the mailing of such
notice shall be prima facie evidence thereof. Such notice shall
be published at least once each week for two successive
weeks, and the first publication thereof may begin at any time
after the summons has been returned. Unless a corporation
shall have been served with summons, no default shall be
taken against it earlier than thirty days after the first publication of such notice. [1967 c 235 § 53.]
24.03.265
24.03.265 Jurisdiction of court to liquidate assets and
affairs of corporation. Superior courts shall have full power
to liquidate the assets and affairs of a corporation:
(1) In an action by a member, director, or the attorney
general when it is made to appear:
(a) That the directors are deadlocked in the management
of the corporate affairs and that irreparable injury to the corporation is being suffered or is threatened by reason thereof,
and either that the members are unable to break the deadlock
or there are no members having voting rights; or
(b) That the acts of the directors or those in control of the
corporation are illegal, oppressive or fraudulent; or
(c) That the corporate assets are being misapplied or
wasted; or
(d) That the corporation is unable to carry out its purposes.
(2) In an action by a creditor:
(a) When the claim of the creditor has been reduced to
judgment and an execution thereon has been returned unsatisfied and it is established that the corporation is insolvent; or
(b) When the corporation has admitted in writing that the
claim of the creditor is due and owing and it is established
that the corporation is insolvent.
(3) Upon application by a corporation to have its dissolution continued under the supervision of the court.
(4) When an action has been filed by the attorney general
to dissolve a corporation under the provisions of this chapter
and it is established that liquidation of its affairs should precede the entry of a decree of dissolution.
Proceedings under subsections (1), (2), or (3) of this section shall be brought in the county in which the registered
office or the principal office of the corporation is situated.
It shall not be necessary to make directors or members
parties to any such action or proceedings unless relief is
sought against them personally. [1986 c 240 § 39; 1967 c 235
§ 54.]
24.03.270
24.03.270 Procedure in liquidation of corporation by
court. In proceedings to liquidate the assets and affairs of a
corporation the court shall have the power to issue injunctions, to appoint a receiver or receivers pendente lite, with
such powers and duties as the court, from time to time, may
direct, and to take such other proceedings as may be requisite
to preserve the corporate assets wherever situated, and carry
[Title 24 RCW—page 18]
on the affairs of the corporation until a full hearing can be
had.
After a hearing had upon such notice as the court may
direct to be given to all parties to the proceedings and to any
other parties in interest designated by the court, the court may
appoint a liquidating receiver or receivers with authority to
collect the assets of the corporation. Such liquidating receiver
or receivers shall have authority, subject to the order of the
court, to sell, convey and dispose of all or any part of the
assets of the corporation wherever situated, either at public or
private sale. The order appointing such liquidating receiver or
receivers shall state their powers and duties. Such powers and
duties may be increased or diminished at any time during the
proceedings.
The assets of the corporation or the proceeds resulting
from the sale, conveyance, or other disposition thereof shall
be applied and distributed as follows:
(1) All costs and expenses of the court proceedings and
all liabilities and obligations of the corporation shall be paid,
satisfied and discharged, or adequate provision shall be made
therefor;
(2) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by
reason of the dissolution or liquidation, shall be returned,
transferred or conveyed in accordance with such requirements;
(3) Assets received and held by the corporation subject
to limitations permitting their use only for charitable, religious, eleemosynary, benevolent, educational or similar purposes, but not held upon a condition requiring return, transfer
or conveyance by reason of the dissolution or liquidation,
shall be transferred or conveyed to one or more domestic or
foreign corporations, societies or organizations engaged in
activities substantially similar to those of the dissolving or
liquidating corporation as the court may direct;
(4) Other assets, if any, shall be distributed in accordance
with the provisions of the articles of incorporation or the
bylaws to the extent that the articles of incorporation or
bylaws determine the distributive rights of members, or any
class or classes of members, or provide for distribution to
others;
(5) Any remaining assets may be distributed to such persons, societies, organizations or domestic or foreign corporations, whether for profit or not for profit, specified in the plan
of distribution adopted as provided in this chapter, or where
no plan of distribution has been adopted, as the court may
direct.
The court shall have power to allow, from time to time,
as expenses of the liquidation compensation to the receiver or
receivers and to attorneys in the proceeding, and to direct the
payment thereof out of the assets of the corporation or the
proceeds of any sale or disposition of such assets.
A receiver of a corporation appointed under the provisions of this section shall have authority to sue and defend in
all courts in his own name as receiver of such corporation.
The court appointing such receiver shall have exclusive jurisdiction of the corporation and its property, wherever situated.
[1967 c 235 § 55.]
24.03.290 Decree of involuntary dissolution. In proceedings to liquidate the assets and affairs of a corporation,
24.03.290
(2004 Ed.)
Washington Nonprofit Corporation Act
when the costs and expenses of such proceedings and all
debts, obligations, and liabilities of the corporation shall have
been paid and discharged and all of its remaining property
and assets distributed in accordance with the provisions of
this chapter, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts, and
obligations, and all the property and assets have been applied
so far as they will go to their payment, the court shall enter a
decree dissolving the corporation, whereupon the existence
of the corporation shall cease. [1967 c 235 § 59.]
24.03.295
24.03.295 Filing of decree of dissolution. In case the
court shall enter a decree dissolving a corporation, it shall be
the duty of the clerk of such court to cause a certified copy of
the decree to be filed with the secretary of state. No fee shall
be charged by the clerk for issuance or by the secretary of
state for the filing thereof. [1986 c 240 § 40; 1967 c 235 §
60.]
24.03.300
24.03.300 Survival of remedy after dissolution—
Extension of duration of corporation. The dissolution of a
corporation either (1) by the filing and issuance of a certificate of dissolution, voluntary or administrative, by the secretary of state, or (2) by a decree of court when the court has not
liquidated the assets and affairs of the corporation as provided in this chapter, or (3) by expiration of its period of
duration, shall not take away or impair any remedy available
to or against such corporation, its directors, officers, or members, for any right or claim existing, or any liability incurred,
prior to such dissolution if action or other proceeding thereon
is commenced within two years after the date of such dissolution. Any such action or proceeding by or against the corporation may be prosecuted or defended by the corporation in
its corporate name. The members, directors and officers shall
have power to take such corporate or other action as shall be
appropriate to protect such remedy, right or claim. If such
corporation was dissolved by the expiration of its period of
duration, such corporation may amend its articles of incorporation at any time during such period of two years after expiration so as to extend its period of duration. If, during the
period of dissolution, another person or corporation has
reserved or adopted a corporate name which is identical to or
deceptively similar to the dissolved corporation's name, the
corporation extending its period of duration shall be required
to adopt another name consistent with the requirements of
this chapter and to amend its articles of incorporation accordingly. The corporation shall also pay to the state all fees and
penalties which would otherwise have been due if the corporate charter had not expired, plus a reinstatement fee as provided in this chapter. [1986 c 240 § 41; 1982 c 35 § 96; 1967
c 235 § 61.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.302
24.03.302 Administrative dissolution—Grounds—
Notice—Reinstatement—Fee set by rule—Corporate
name—Survival of actions. A corporation shall be administratively dissolved by the secretary of state upon the conditions prescribed in this section when the corporation:
(2004 Ed.)
24.03.302
(1) Has failed to file or complete its annual report within
the time required by law; or
(2) Has failed for thirty days to appoint or maintain a registered agent in this state; or
(3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change.
A corporation shall not be dissolved under this section
unless the secretary of state has given the corporation not less
than sixty days' notice of its delinquency or omission, by first
class mail, postage prepaid, addressed to the registered office,
or, if there is no registered office, to the last known address of
any officer or director as shown by the records of the secretary of state, and unless the corporation has failed to correct
the omission or delinquency before expiration of the sixtyday period.
When a corporation has given cause for dissolution
under this section, and has failed to correct the delinquency
or omission as provided in this section, the secretary of the
state shall dissolve the corporation by issuing a certificate of
administrative dissolution containing a statement that the corporation has been dissolved and the date and reason for which
it was dissolved. The original certificate of administrative
dissolution shall be filed in the records of the secretary of
state, and a copy of the certificate shall forthwith be mailed to
the corporation at its registered office or, if there is no registered office, to the last known address of the corporation or
any officer, director, or incorporator of the corporation, as
shown by the records of the secretary of state. Upon the filing
of the certificate of administrative dissolution, the existence
of the corporation shall cease, except as otherwise provided
in this chapter, and its name shall be available to and may be
adopted by another corporation after the dissolution.
Any notice provided by the secretary of state under this
section shall be designed to clearly identify and warn the
recipient of the contents thereof. A delinquency notice shall
provide a succinct and readable description of the delinquency or omission, the date on which dissolution will occur,
and the action necessary to cure the delinquency or omission
prior to dissolution.
A corporation which has been dissolved by operation of
this section may be reinstated within a period of three years
following its administrative dissolution if it completes and
files a current annual report for the reinstatement year or if it
appoints or maintains a registered agent, or if it files with the
secretary of state a required statement of change of registered
agent or registered office and in addition, if it pays a reinstatement fee as set by rule by the secretary plus the full
amount of all annual fees that would have been assessed for
the years of administrative dissolution had the corporation
been in active status, including the reinstatement year plus
any penalties established by rule by the secretary of state. If,
during the period of dissolution, another person or corporation has reserved or adopted a corporate name which is identical to or deceptively similar to the dissolved corporation's
name, the dissolved corporation seeking reinstatement shall
be required to adopt another name consistent with the
requirements of this chapter and to amend its articles of
incorporation accordingly. When a corporation has been dissolved by operation of this section, remedies available to or
against it shall survive in the manner provided in RCW
[Title 24 RCW—page 19]
24.03.3025
Title 24 RCW: Corporations and Associations (Nonprofit)
24.03.300 and the directors of the corporation shall hold the
title to the property of the corporation as trustees for the benefit of its creditors and members. [1994 c 287 § 8; 1993 c 356
§ 5; 1987 c 117 § 3; 1986 c 240 § 42; 1982 c 35 § 97; 1971
ex.s. c 128 § 1; 1969 ex.s. c 163 § 9.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.3025
24.03.3025 Administrative dissolution or revocation
of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies
to this chapter. [1997 c 12 § 2.]
24.03.303
24.03.303 Reinstatement under certain circumstances—Request for relief. The secretary of state may,
where exigent or mitigating circumstances are presented,
reinstate to full active status any corporation previously in
good standing which would otherwise be penalized or lose its
active status. Any corporation desiring to seek relief under
this section shall, within fifteen days of discovery by corporate officials of the missed filing or lapse, notify the secretary
of state in writing. The notification shall include the name
and mailing address of the corporation, the corporate officer
to whom correspondence should be sent, and a statement
under oath by a responsible corporate officer, setting forth the
nature of the missed filing or lapse, the circumstances giving
rise to the missed filing or lapse, and the relief sought. Upon
receipt of the notice, the secretary of state shall investigate
the circumstances of the missed filing or lapse. If the secretary of state is satisfied that sufficient exigent or mitigating
circumstances exist, that the corporation has demonstrated
good faith and a reasonable attempt to comply with the applicable corporate license statutes of this state, that disproportionate harm would occur to the corporation if relief were not
granted, and that relief would not be contrary to the public
interest expressed in this title, the secretary may issue an
order reinstating the corporation and specifying any terms
and conditions of the relief. Reinstatement may relate back to
the date of lapse or dissolution. If the secretary of state determines the request does not comply with the requirements for
relief, the secretary shall issue an order denying the requested
relief and stating the reasons for the denial. Any denial of
relief by the secretary of state is final and is not appealable.
The secretary of state shall keep records of all requests for
relief and the disposition of the requests. The secretary of
state shall annually report to the legislature the number of
relief requests received in the preceding year and a summary
of the secretary's disposition of the requests. [1987 c 117 §
6.]
24.03.305
24.03.305 Admission of foreign corporation. No foreign corporation shall have the right to conduct affairs in this
state until it shall have procured a certificate of authority so to
do from the secretary of state. No foreign corporation shall be
entitled to procure a certificate of authority under this chapter
to conduct in this state any affairs which a corporation organized under this chapter is not permitted to conduct. A foreign corporation shall not be denied a certificate of authority
[Title 24 RCW—page 20]
by reason of the fact that the laws of the state or country
under which such corporation is organized governing its
organization and internal affairs differ from the laws of this
state, and nothing in this chapter contained shall be construed
to authorize this state to regulate the organization or the internal affairs of such corporation.
Without excluding other activities which may not constitute conducting affairs in this state, a foreign corporation
shall not be considered to be conducting affairs in this state,
for the purposes of this chapter, by reason of carrying on in
this state any one or more of the following activities:
(1) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes.
(2) Holding meetings of its directors or members or carrying on other activities concerning its internal affairs.
(3) Maintaining bank accounts.
(4) Creating evidences of debt, mortgages or liens on real
or personal property.
(5) Securing or collecting debts due to it or enforcing any
rights in property securing the same.
(6) Effecting sales through independent contractors.
(7) Soliciting or procuring orders, whether by mail or
through employees or agents or otherwise, where such orders
require acceptance without this state before becoming binding contracts.
(8) Creating as borrower or lender, or acquiring, indebtedness or mortgages or other security interests in real or personal property.
(9) Securing or collecting debts or enforcing any rights
in property securing the same.
(10) Transacting any business in interstate commerce.
(11) Conducting an isolated transaction completed
within a period of thirty days and not in the course of a number of repeated transactions of like nature.
(12) Operating an approved branch campus of a foreign
degree-granting institution in compliance with chapter
28B.90 RCW and in accordance with RCW 24.03.307.
[1993 c 181 § 12; 1986 c 240 § 43; 1967 c 235 § 62.]
24.03.307
24.03.307 Foreign degree-granting institution
branch campus—Acts not deemed transacting business in
state. In addition to those acts that are specified in RCW
24.03.305 (1) through (11), a foreign degree-granting institution that establishes an approved branch campus in the state
under chapter 28B.90 RCW shall not be deemed to transact
business in the state solely because it:
(1) Owns and controls an incorporated branch campus in
this state;
(2) Pays the expenses of tuition, or room and board
charged by the incorporated branch campus for its students
enrolled at the branch campus or contributes to the capital
thereof; or
(3) Provides personnel who furnish assistance and counsel to its students while in the state but who have no authority
to enter into any transactions for or on behalf of the foreign
degree-granting institution. [1993 c 181 § 6.]
24.03.310
24.03.310 Powers of foreign corporation. A foreign
corporation which shall have received a certificate of author(2004 Ed.)
Washington Nonprofit Corporation Act
ity under this chapter shall, until a certificate of revocation or
of withdrawal shall have been issued as provided in this chapter, enjoy the same, but no greater, rights and privileges as a
domestic corporation organized for the purposes set forth in
the application pursuant to which such certificate of authorization is issued; and, except as in this chapter otherwise provided, shall be subject to the same duties, restrictions, penalties and liabilities now or hereafter imposed upon a domestic
corporation of like character. [1967 c 235 § 63.]
24.03.315
24.03.315 Corporate name of foreign corporation—
Fictitious name. No certificate of authority shall be issued
to a foreign corporation unless the corporate name of such
corporation complies with the provisions of RCW 24.03.045.
However, a foreign corporation applying for a certificate of
authority may file with the secretary of state a resolution of
its board of directors adopting a fictitious name for use in
transacting business in this state, if the fictitious name complies with RCW 24.03.045. [1982 c 35 § 98; 1967 c 235 §
64.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Registration of corporate name: RCW 24.03.047.
Reservation of exclusive right to use a corporate name: RCW 24.03.046.
24.03.320
24.03.320 Change of name by foreign corporation.
Whenever a foreign corporation which is authorized to conduct affairs in this state shall change its name to one under
which a certificate of authority would not be granted to it on
application therefor, the certificate of authority of such corporation shall be suspended and it shall not thereafter conduct
any affairs in this state until it has changed its name to a name
which is available to it under the laws of this state or has otherwise complied with the provisions of this chapter. [1986 c
240 § 44; 1967 c 235 § 65.]
24.03.335
mine whether such corporation is entitled to a certificate of
authority to conduct affairs in this state.
The application shall be made in the form prescribed by
the secretary of state and shall be executed by the corporation
by one of its officers.
The application shall be accompanied by a certificate of
good standing which has been issued no more than sixty days
before the date of filing of the application for a certificate of
authority to do business in this state and has been certified to
by the proper officer of the state or country under the laws of
which the corporation is incorporated. [2002 c 74 § 12; 1986
c 240 § 45; 1967 c 235 § 66.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
24.03.330
24.03.330 Filing of application for certificate of
authority. The application of the corporation for a certificate
of authority shall be delivered to the secretary of state.
If the secretary of state finds that such application conforms to law, the secretary of state shall, when all fees have
been paid as in this chapter prescribed:
(1) Endorse on each of the records the word "Filed," and
the date of the filing.
(2) File the application and the copy of the articles of
incorporation and amendments thereto.
(3) Issue a certificate of authority to conduct affairs in
this state.
An exact or conformed copy of the application bearing
the filing endorsement affixed thereto by the secretary of
state, shall be returned to the corporation or its representative.
[2004 c 265 § 27; 2002 c 74 § 13; 1986 c 240 § 46; 1982 c 35
§ 99; 1969 ex.s. c 163 § 4; 1967 c 235 § 67.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.332
24.03.325
24.03.325 Application for certificate of authority. A
foreign corporation, in order to procure a certificate of
authority to conduct affairs in this state, shall make application therefor to the secretary of state, which application shall
set forth:
(1) The name of the corporation and the state or country
under the laws of which it is incorporated.
(2) If the name of the corporation contains the word "corporation," "company," "incorporated," or "limited," or contains an abbreviation of one of such words, then the name of
the corporation which it elects for use in this state.
(3) The date of incorporation and the period of duration
of the corporation.
(4) The address of the principal office of the corporation.
(5) A statement that a registered agent has been
appointed and the name and address of such agent, and that a
registered office exists and the address of such registered
office is identical to that of the registered agent.
(6) The purpose or purposes of the corporation which it
proposes to pursue in conducting its affairs in this state.
(7) The names and respective addresses of the directors
and officers of the corporation.
(8) Such additional information as may be necessary or
appropriate in order to enable the secretary of state to deter(2004 Ed.)
24.03.332 Certificate of authority as insurance company—Filing of records. For those corporations that have a
certificate of authority, are applying for, or intend to apply for
a certificate of authority from the insurance commissioner as
an insurance company under chapter 48.05 RCW, whenever
under this chapter corporate records are required to be filed
with the secretary of state, the records shall be filed with the
insurance commissioner rather than the secretary of state.
[2004 c 265 § 28; 1998 c 23 § 12.]
24.03.334
24.03.334 Certificate of authority as insurance company—Registration or reservation of name. For those corporations that intend to apply for a certificate of authority
from the insurance commissioner as an insurance company
under chapter 48.05 RCW, whenever under this chapter a
corporation may register or reserve a corporate name, the registration or reservation shall be filed with the insurance commissioner rather than the secretary of state. The secretary of
state and insurance commissioner shall cooperate with each
other in registering or reserving a corporate name so that
there is no duplication of the name. [1998 c 23 § 13.]
24.03.335
24.03.335 Effect of certificate of authority. Upon the
filing of the application for certificate of authority by the secretary of state, the corporation shall be authorized to conduct
[Title 24 RCW—page 21]
24.03.340
Title 24 RCW: Corporations and Associations (Nonprofit)
affairs in this state for those purposes set forth in its application, subject, however, to the right of this state to suspend or
to revoke such authority as provided in this chapter. [1982 c
35 § 100; 1967 c 235 § 68.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.340
24.03.340 Registered office and registered agent of
foreign corporation. Each foreign corporation authorized to
conduct affairs in this state shall have and continuously maintain in this state:
(1) A registered office which may be, but need not be,
the same as its principal office. The registered office shall be
at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural
route, or, if a commonly known street or rural route address
does not exist, by legal description. A registered office may
not be identified by post office box number or other nongeographic address. For purposes of communicating by mail, the
secretary of state may permit the use of a post office address
in conjunction with the registered office address if the corporation also maintains on file the specific geographic address
of the registered office where personal service of process may
be made.
(2) A registered agent, which agent may be either an
individual resident in this state whose business office is identical with such registered office, or a domestic corporation,
whether for profit or not for profit, or a foreign corporation,
whether for profit or not for profit, authorized to transact
business or conduct affairs in this state, having an office identical with such registered office or a domestic limited liability
company whose business office is identical with the registered office or a foreign limited liability company authorized
to conduct affairs in this state whose business address is identical with the registered office. A registered agent shall not
be appointed without having given prior consent in the form
of a record to the appointment. The consent shall be filed
with the secretary of state in such form as the secretary may
prescribe. The consent shall be filed with or as a part of the
record first appointing a registered agent. In the event any
individual, corporation, or limited liability company has been
appointed agent without consent, that person, corporation, or
limited liability company may file a notarized statement
attesting to that fact, and the name shall immediately be
removed from the records of the secretary of state.
No foreign corporation authorized to transact business in
this state may be permitted to maintain any action in any
court in this state until the corporation complies with the
requirements of this section. [2004 c 265 § 29; 1982 c 35 §
101; 1967 c 235 § 69.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.345
24.03.345 Change of registered office or registered
agent of foreign corporation. A foreign corporation authorized to conduct affairs in this state may change its registered
office or change its registered agent, or both, upon filing in
the office of the secretary of state in a form approved by the
secretary of state a statement setting forth:
(1) The name of the corporation.
[Title 24 RCW—page 22]
(2) If the current registered office is to be changed, the
street address to which the registered office is to be changed.
(3) If the current registered agent is to be changed, the
name of the new registered agent.
(4) That the address of its registered office and the
address of the office of its registered agent, as changed, will
be identical.
Such statement shall be executed by the corporation by
an officer of the corporation, and delivered to the secretary of
state, together with a consent, in the form of a record, of the
registered agent to the appointment, if applicable. If the secretary of state finds that such statement conforms to the provisions of this chapter, the secretary of state shall endorse
thereon the word "Filed," and the month, day, and year of the
filing thereof, and file the statement. The change of address
of the registered office, or the appointment of a new registered agent, or both, as the case may be, shall become effective upon filing unless a later date is specified.
Any registered agent in this state appointed by a foreign
corporation may resign as such agent upon filing a notice
thereof, in the form of a record, executed in duplicate, with
the secretary of state who shall immediately deliver a copy
thereof to the secretary of the foreign corporation at its principal office as shown by its most recent annual report. The
appointment of such agent shall terminate upon the expiration of thirty days after receipt of such notice by the secretary
of state.
If a registered agent changes his or her business address
to another place within the state, the registered agent may
change such address and the address of the registered office
of any corporation of which the registered agent is a registered agent by filing a statement as required by this section,
except that it need be executed only by the registered agent, it
need not be responsive to subsection (3) of this section, and it
must recite that a copy of the statement has been delivered to
the corporation. [2004 c 265 § 30; 1993 c 356 § 6; 1986 c 240
§ 47; 1982 c 35 § 102; 1967 c 235 § 70.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.350
24.03.350 Service on foreign corporation. The registered agent so appointed by a foreign corporation authorized
to conduct affairs in this state shall be an agent of such corporation upon whom any process, notice or demand required or
permitted by law to be served upon the corporation may be
served.
Whenever a foreign corporation authorized to conduct
affairs in this state shall fail to appoint or maintain a registered agent in this state, or whenever any such registered
agent cannot with reasonable diligence be found at the registered office, or whenever the certificate of authority of a foreign corporation shall be suspended or revoked, then the secretary of state shall be an agent of such corporation upon
whom any such process, notice, or demand may be served.
Service on the secretary of state of any such process, notice,
or demand shall be made by delivering to and leaving with
the secretary of state, or with any duly authorized clerk of the
corporation department of the secretary of state's office,
duplicate copies of such process, notice or demand. In the
event any such process, notice or demand is served on the
(2004 Ed.)
Washington Nonprofit Corporation Act
secretary of state, the secretary of state shall immediately
cause one of such copies thereof to be forwarded by certified
mail, addressed to the secretary of the corporation as shown
on the records of the secretary of state. Any service so had on
the secretary of state shall be returnable in not less than thirty
days.
The secretary of state shall keep a record of all processes,
notices and demands served upon the secretary of state under
this section, and shall record therein the time of such service
and his action with reference thereto.
Nothing herein contained shall limit or affect the right to
serve any process, notice or demand, required or permitted by
law to be served upon a corporation in any other manner now
or hereafter permitted by law. [1986 c 240 § 48; 1982 c 35 §
103; 1967 c 235 § 71.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.360
24.03.360 Merger of foreign corporation authorized
to conduct affairs in this state. Whenever a foreign corporation authorized to conduct affairs in this state shall be a
party to a statutory merger permitted by the laws of the state
or country under the laws of which it is incorporated, and
such corporation shall be the surviving corporation, it shall
not be necessary for such corporation to procure either a new
or amended certificate of authority to conduct affairs in this
state unless the name of such corporation be changed thereby
or unless the corporation desires to pursue in this state other
or additional purposes than those which it is then authorized
to pursue in this state. [1986 c 240 § 49; 1967 c 235 § 73.]
Purposes: RCW 24.03.015.
24.03.365
24.03.365 Amended certificate of authority. A foreign corporation authorized to conduct affairs in this state
shall procure an amended certificate of authority in the event
it changes its corporate name, or desires to pursue in this state
other or additional purposes than those set forth in its prior
application for a certificate of authority, by making application therefor to the secretary of state.
The requirements in respect to the form and contents of
such application, the manner of its execution, the filing of the
application with the secretary of state, the issuance of an
amended certificate of authority and the effect thereof, shall
be the same as in the case of an original application for a certificate of authority. [2004 c 265 § 31; 1967 c 235 § 74.]
24.03.370
24.03.370 Withdrawal of foreign corporation. A foreign corporation authorized to conduct affairs in this state
may withdraw from this state upon procuring from the secretary of state a certificate of withdrawal. In order to procure
such certificate of withdrawal, such foreign corporation shall
deliver to the secretary of state an application for withdrawal,
which shall set forth:
(1) The name of the corporation and the state or country
under the laws of which it is incorporated.
(2) That the corporation is not conducting affairs in this
state.
(3) That the corporation surrenders its authority to conduct affairs in this state.
(2004 Ed.)
24.03.380
(4) That the corporation revokes the authority of its registered agent in this state to accept service of process and consents that service of process in any action, suit or proceeding
based upon any cause of action arising in this state during the
time the corporation was authorized to conduct affairs in this
state may thereafter be made on such corporation by service
thereof on the secretary of state.
(5) A copy of a revenue clearance certificate issued pursuant to chapter 82.32 RCW.
(6) A post office address to which the secretary of state
may mail a copy of any process against the corporation that
may be served on the secretary of state.
The application for withdrawal shall be made on forms
prescribed and furnished by the secretary of state and shall be
executed by the corporation by an officer of the corporation,
or, if the corporation is in the hands of a receiver or trustee,
shall be executed on behalf of the corporation by such
receiver or trustee. [1993 c 356 § 7; 1982 c 35 § 104; 1967 c
235 § 75.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.375
24.03.375 Filing of application for withdrawal. An
application for withdrawal shall be delivered to the secretary
of state. If the secretary of state finds that such application
conforms to the provisions of this chapter, the secretary of
state shall, when all requirements have been met as in this
chapter prescribed:
(1) Endorse on the application the word "Filed," and the
effective date of the filing.
(2) File the application for withdrawal.
An exact or conformed copy of the application for withdrawal bearing the filing endorsement affixed thereto by the
secretary of state, shall be returned to the corporation or its
representative. Upon the filing of such application of withdrawal, the authority of the corporation to conduct affairs in
this state shall cease. [2002 c 74 § 14; 1982 c 35 § 105; 1967
c 235 § 76.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Fees: RCW 24.03.405.
24.03.380
24.03.380 Revocation of certificate of authority—
Notice. (1) The certificate of authority of a foreign corporation to conduct affairs in this state shall be revoked by the
secretary of state upon the conditions prescribed in this section when:
(a) The corporation has failed to file its annual report
within the time required by this chapter, or has failed to pay
any fees or penalties prescribed by this chapter when they
have become due and payable; or
(b) The corporation has failed for thirty days to appoint
and maintain a registered agent in this state as required by
this chapter; or
(c) The corporation has failed, for thirty days after
change of its registered agent or registered office, to file in
the office of the secretary of state a statement of such change
as required by this chapter; or
[Title 24 RCW—page 23]
24.03.385
Title 24 RCW: Corporations and Associations (Nonprofit)
(d) The corporation has continued to exceed or abuse the
authority conferred upon it by this chapter; or
(e) A misrepresentation has been made of any material
matter in any application, report, affidavit, or other record
submitted by such corporation pursuant to this chapter.
(2) Prior to revoking a certificate of authority under subsection (1) of this section, the secretary of state shall give the
corporation written notice of the corporation's delinquency or
omission by first class mail, postage prepaid, addressed to the
corporation's registered agent. If, according to the records of
the secretary of state, the corporation does not have a registered agent, the notice may be given by mail addressed to the
corporation at its last known address or at the address of any
officer or director of the corporation, as shown by the records
of the secretary of state. Notice is deemed to have been given
five days after the date deposited in the United States mail,
correctly addressed, and with correct postage affixed. The
notice shall inform the corporation that its certificate of
authority shall be revoked at the expiration of sixty days following the date the notice had been deemed to have been
given, unless it corrects the delinquency or omission within
the sixty-day period.
(3) Any notice provided by the secretary of state under
this section shall be designed to clearly identify and warn the
recipient of the contents thereof. A delinquency notice shall
provide a succinct and readable description of the delinquency or omission, the date on which dissolution will occur,
and the action necessary to cure the delinquency or omission
prior to dissolution.
(4) The attorney general may take such action regarding
revocation of a certificate of authority as is provided by RCW
24.03.250 for the dissolution of a domestic corporation. The
procedures of RCW 24.03.250 shall apply to any action
under this section. The clerk of any superior court entering a
decree of revocation of a certificate of authority shall file a
certified copy, without cost or filing fee, with the office of the
secretary of state. [2004 c 265 § 32; 1986 c 240 § 50; 1982 c
35 § 106; 1967 c 235 § 77.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.385
24.03.385 Issuance of certificate of revocation. Upon
revoking any certificate of authority under RCW 24.03.380,
the secretary of state shall:
(1) Issue a certificate of revocation in duplicate.
(2) File one of such certificates in the secretary of state's
office.
(3) Mail the other duplicate certificate to such corporation at its registered office in this state or, if there is no registered office in this state, to the corporation at the last known
address of any officer or director of the corporation, as shown
by the records of the secretary of state.
Upon the filing of such certificate of revocation, the
authority of the corporation to conduct affairs in this state
shall cease. [1986 c 240 § 51; 1982 c 35 § 107; 1967 c 235 §
78.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.386
24.03.386 Foreign corporations—Application for
reinstatement. (1) A corporation revoked under RCW
[Title 24 RCW—page 24]
24.03.380 may apply to the secretary of state for reinstatement within three years after the effective date of revocation.
An application filed within such three-year period may be
amended or supplemented and any such amendment or supplement shall be effective as of the date of original filing. The
application filed under this section shall be filed under and by
authority of an officer of the corporation.
(2) The application shall:
(a) State the name of the corporation and, if applicable,
the name the corporation had elected to use in this state at the
time of revocation, and the effective date of its revocation;
(b) Provide an explanation to show that the grounds for
revocation either did not exist or have been eliminated;
(c) State the name of the corporation at the time of reinstatement and, if applicable, the name the corporation elects
to use in this state at the time of reinstatement which may be
reserved under RCW 24.03.046;
(d) Appoint a registered agent and state the registered
office address under RCW 24.03.340; and
(e) Be accompanied by payment of applicable fees and
penalties.
(3) If the secretary of state determines that the application conforms to law, and that all applicable fees have been
paid, the secretary of state shall cancel the certificate of revocation, prepare and file a certificate of reinstatement, and
mail a copy of the certificate of reinstatement to the corporation.
(4) Reinstatement under this section relates back to and
takes effect as of the date of revocation. The corporate
authority shall be deemed to have continued without interruption from that date.
(5) In the event the application for reinstatement states a
corporate name which the secretary of state finds to be contrary to the requirements of RCW 24.03.046, the application,
amended application, or supplemental application shall be
amended to adopt another corporate name which is in compliance with RCW 24.03.046. In the event the reinstatement
application so adopts a new corporate name for use in Washington, the application for authority shall be deemed to have
been amended to change the corporation's name to the name
so adopted for use in Washington, effective as of the effective
date of the certificate of reinstatement. [1993 c 356 § 8; 1987
c 117 § 1; 1986 c 240 § 57.]
Effective date—1993 c 356: See note following RCW 24.03.046.
24.03.388
24.03.388 Foreign corporations—Fees for application for reinstatement—Filing current annual report—
Penalties established by rule. (1) An application processing
fee as provided in RCW 24.03.405 shall be charged for an
application for reinstatement under RCW 24.03.386.
(2) An application processing fee as provided in RCW
24.03.405 shall be charged for each amendment or supplement to an application for reinstatement.
(3) The corporation seeking reinstatement shall file a
current annual report and pay the full amount of all annual
corporation fees which would have been assessed for the
years of the period of administrative revocation, had the corporation been in active status, including the reinstatement
year, plus any penalties as established by rule by the secre(2004 Ed.)
Washington Nonprofit Corporation Act
tary. [1994 c 287 § 9; 1993 c 356 § 9; 1991 c 223 § 3; 1987
c 117 § 2; 1986 c 240 § 58.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Effective date—1991 c 223: See note following RCW 24.03.405.
24.03.390
24.03.390 Conducting affairs without certificate of
authority. No foreign corporation which is conducting
affairs in this state without a certificate of authority shall be
permitted to maintain any action, suit or proceeding in any
court of this state until such corporation shall have obtained a
certificate of authority. Nor shall any action, suit or proceeding be maintained in any court of this state by any successor
or assignee of such corporation on any right, claim or demand
arising out of the conduct of affairs by such corporation in
this state, until a certificate of authority shall have been
obtained by such corporation or by a corporation which has
acquired all or substantially all of its assets.
The failure of a foreign corporation to obtain a certificate
of authority to conduct affairs in this state shall not impair the
validity of any contract or act of such corporation, and shall
not prevent such corporation from defending any action, suit
or proceeding in any court of this state.
A foreign corporation which transacts business in this
state without a certificate of authority shall be liable to this
state, for the years or parts thereof during which it transacted
business in this state without a certificate of authority, in an
amount equal to all fees which would have been imposed by
this chapter upon such corporation had it duly applied for and
received a certificate of authority to transact business in this
state as required by this chapter and thereafter filed all reports
required by this chapter, plus all penalties imposed by this
chapter for failure to pay such fees. The attorney general shall
bring proceedings to recover all amounts due this state under
the provisions of this section. [1986 c 240 § 52; 1967 c 235
§ 79.]
24.03.395
24.03.395 Annual report of domestic and foreign corporations—Biennial filing may be authorized. Each
domestic corporation, and each foreign corporation authorized to conduct affairs in this state, shall file, within the time
prescribed by this chapter, an annual report in the form prescribed by the secretary of state. The secretary may by rule
provide that a biennial filing meets this requirement. The
report shall set forth:
(1) The name of the corporation and the state or country
under the laws of which it is incorporated;
(2) The address of the registered office of the corporation
in this state including street and number and the name of its
registered agent in this state at such address, and, in the case
of a foreign corporation, the address of its principal office;
(3) A brief statement of the character of the affairs which
the corporation is actually conducting, or, in the case of a foreign corporation, which the corporation is actually conducting in this state;
(4) The names and respective addresses of the directors
and officers of the corporation; and
(5) The corporation's unified business identifier number.
The information shall be given as of the date of the execution of the report. It shall be executed by the corporation by
an officer of the corporation, or, if the corporation is in the
(2004 Ed.)
24.03.405
hands of a receiver or trustee, it shall be executed on behalf of
the corporation by such receiver or trustee.
The secretary of state may provide that correction or
updating of information appearing on previous annual or
biennial filings is sufficient to constitute the current filing.
[1993 c 356 § 10; 1989 c 291 § 2; 1987 c 117 § 4; 1986 c 240
§ 53; 1982 c 35 § 108; 1967 c 235 § 80.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.400
24.03.400 Filing of annual or biennial report of
domestic and foreign corporations—Notice—Reporting
dates. Not less than thirty days prior to a corporation's
renewal date, or by December 1 of each year for a nonstaggered renewal, the secretary of state shall mail to each
domestic and foreign corporation, by first class mail
addressed to its registered office, a notice that its annual or
biennial report must be filed as required by this chapter, and
stating that if it fails to file its annual or biennial report it shall
be dissolved or its certificate of authority revoked, as the case
may be. Failure of the secretary of state to mail any such
notice shall not relieve a corporation from its obligation to
file the annual or biennial reports required by this chapter.
Such report of a domestic or foreign corporation shall be
delivered to the secretary of state between the first day of January and the first day of March of each year, or on an annual
or biennial renewal date as the secretary of state may establish. The secretary of state may adopt rules to establish biennial reporting dates and to stagger reporting dates.
If the secretary of state finds that such report substantially conforms to the requirements of this chapter, the secretary of state shall file the same. [1993 c 356 § 11; 1986 c 240
§ 54; 1982 c 35 § 109; 1973 c 90 § 1; 1967 c 235 § 81.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.405 Fees for filing documents and issuing certificates. (1) The secretary of state shall charge and collect
for:
(a) Filing articles of incorporation, thirty dollars.
(b) Filing an annual report of a domestic or foreign corporation, ten dollars.
(c) Filing an application of a foreign corporation for a
certificate of authority to conduct affairs in this state, thirty
dollars.
(2) The secretary of state shall establish by rule, fees for
the following:
(a) An application for reinstatement under RCW
24.03.386.
(b) Filing articles of amendment or restatement or an
amendment or supplement to an application for reinstatement.
(c) Filing articles of merger or consolidation.
(d) Filing a statement of change of address of registered
office or change of registered agent, or revocation, resignation, or any combination of these. A separate fee for filing
such statement shall not be charged if the statement appears
24.03.405
[Title 24 RCW—page 25]
24.03.410
Title 24 RCW: Corporations and Associations (Nonprofit)
in an amendment to articles of incorporation or in conjunction with the filing of the annual report.
(e) Filing articles of dissolution, no fee.
(f) Filing an application of a foreign corporation for an
amended certificate of authority to conduct affairs in this
state.
(g) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, no fee.
(h) Filing a certificate by a foreign corporation of the
appointment of a registered agent. A separate fee for filing
such certificate shall not be charged if the statement appears
in conjunction with the filing of the annual report.
(i) Filing a certificate of election adopting the provisions
of chapter 24.03 RCW.
(j) Filing an application to reserve a corporate name.
(k) Filing a notice of transfer of a reserved corporate
name.
(l) Filing a name registration.
(m) Filing any other statement or report authorized for
filing under this chapter.
(3) Fees shall be adjusted by rule only in an amount that
does not exceed the average biennial increase in the cost of
providing service. This shall be determined in a biannual
[biennial] cost study performed by the secretary. [1993 c 269
§ 5; 1991 c 223 § 1; 1987 c 117 § 5; 1986 c 240 § 55; 1982 c
35 § 110; 1981 c 230 § 5; 1969 ex.s. c 163 § 5; 1967 c 235 §
82.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Effective date—1991 c 223: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect on July 1,
1991." [1991 c 223 § 4.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.410
24.03.410 Miscellaneous fees. The secretary of state
shall establish fees by rule and collect:
(1) For furnishing a certified copy of any charter document or any other record, instrument, or paper relating to a
corporation.
(2) For furnishing a certificate, under seal, attesting to
the status of a corporation or any other certificate.
(3) For furnishing copies of any record, instrument or
paper relating to a corporation.
(4) At the time of any service of process on him or her as
registered agent of a corporation an amount that may be
recovered as taxable costs by the party to the suit or action
causing such service to be made if such party prevails in the
suit or action. [2004 c 265 § 33; 1993 c 269 § 6; 1982 c 35 §
111; 1979 ex.s. c 133 § 2; 1969 ex.s. c 163 § 6; 1967 c 235 §
83.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Deposit of certain fees recovered under this section in secretary of state's
revolving fund: RCW 43.07.130.
State officers—Daily remittance of moneys to treasury: RCW 43.01.050.
24.03.417 Fees for services by secretary of state. See
RCW 43.07.120.
24.03.417
24.03.420 Penalties imposed upon corporation. Each
corporation, domestic or foreign, that fails or refuses to
answer truthfully and fully within the time prescribed by this
chapter interrogatories propounded by the secretary of state
in accordance with the provisions of this chapter, shall be
deemed to be guilty of a misdemeanor and upon conviction
thereof may be fined in any amount not exceeding five hundred dollars. [1969 ex.s. c 163 § 7; 1967 c 235 § 85.]
24.03.420
Filing of annual or biennial report of domestic and foreign corporations:
RCW 24.03.400.
24.03.425
24.03.425 Penalties imposed upon directors and
officers. Each director and officer of a corporation, domestic
or foreign, who fails or refuses within the time prescribed by
this chapter to answer truthfully and fully interrogatories propounded to him or her by the secretary of state in accordance
with the provisions of this chapter, or who signs any articles,
statement, report, application or other record filed with the
secretary of state which is known to such officer or director to
be false in any material respect, shall be deemed to be guilty
of a misdemeanor, and upon conviction thereof may be fined
in any amount not exceeding five hundred dollars. [2004 c
265 § 34; 1967 c 235 § 86.]
24.03.430 Interrogatories by secretary of state. The
secretary of state may propound to any corporation, domestic
or foreign, subject to the provisions of this chapter, and to any
officer or director thereof, such interrogatories as may be reasonably necessary and proper to enable the secretary of state
to ascertain whether such corporation has complied with all
the provisions of this chapter applicable to such corporation.
Such interrogatories shall be answered within thirty days
after the mailing thereof, or within such additional time as
shall be fixed by the secretary of state, and the answers
thereto shall be full and complete and shall be made in writing and under oath. If such interrogatories be directed to an
individual they shall be answered by that individual, and if
directed to a corporation they shall be answered by the president, vice president, secretary or assistant secretary thereof.
The secretary of state need not file any record to which such
interrogatories relate until such interrogatories be answered
as herein provided, and not then if the answers thereto disclose that such record is not in conformity with the provisions
of this chapter. The secretary of state shall certify to the
attorney general, for such action as the attorney general may
deem appropriate, all interrogatories and answers thereto
which disclose a violation of any of the provisions of this
chapter. [2004 c 265 § 35; 1982 c 35 § 112; 1967 c 235 § 87.]
24.03.430
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.435 Confidential nature of information disclosed by interrogatories. Interrogatories propounded by
the secretary of state and the answers thereto shall not be
open to public inspection nor shall the secretary of state disclose any facts or information obtained therefrom except in
24.03.435
24.03.415
24.03.415 Disposition of fees. Any money received by
the secretary of state under the provisions of this chapter shall
be by him paid into the state treasury as provided by law.
[1967 c 235 § 84.]
[Title 24 RCW—page 26]
(2004 Ed.)
Washington Nonprofit Corporation Act
so far as the secretary of state's official duty may require the
same to be made public or in the event such interrogatories or
the answers thereto are required for evidence in any criminal
proceedings or in any other action by this state. [1982 c 35 §
113; 1967 c 235 § 88.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.500
24.03.460
24.03.460 Waiver of notice. Whenever any notice is
required to be given to any member or director of a corporation under the provisions of this chapter or under the provisions of the articles of incorporation or bylaws of the corporation, a waiver in the form of a record executed by the person or persons entitled to such notice, whether before or after
the time stated therein, shall be equivalent to the giving of
such notice. [2004 c 265 § 38; 1967 c 235 § 93.]
24.03.440
24.03.440 Power and authority of secretary of state.
The secretary of state shall have the power and authority reasonably necessary for the efficient and effective administration of this chapter, including the adoption of rules under
chapter 34.05 RCW. [1982 c 35 § 114; 1967 c 235 § 89.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Power and authority of secretary of state: RCW 23B.01.210 and
23B.01.300.
24.03.445
24.03.445 Appeal from disapproval of secretary of
state. If the secretary of state shall fail to approve any articles of incorporation, amendment, merger, consolidation or
dissolution, or any other record required by this chapter to be
approved by the secretary of state before the same shall be
filed in his or her office, the secretary of state shall give written notice of disapproval to the person or corporation, domestic or foreign, delivering the same, specifying the reasons
therefor. Within thirty days from such disapproval such person or corporation may appeal to the superior court pursuant
to the provisions of the administrative procedure act, chapter
34.05 RCW. [2004 c 265 § 36; 1986 c 240 § 56; 1982 c 35 §
115; 1967 c 235 § 90.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.450
24.03.450 Certificates and certified copies to be
received in evidence. All certificates issued by the secretary
of state in accordance with the provisions of this chapter, and
all copies of records filed in the office of the secretary of state
in accordance with the provisions of this chapter when certified by the secretary of state under the seal of the state, shall
be taken and received in all courts, public offices, and official
bodies as prima facie evidence of the facts therein stated. A
certificate by the secretary of state under the seal of this state,
as to the existence or nonexistence of the facts relating to corporations which would not appear from a certified copy of
any of the records or certificates under this section shall be
taken and received in all courts, public offices, and official
bodies as prima facie evidence of the existence or nonexistence of the facts therein stated. [2004 c 265 § 37; 1982 c 35
§ 116; 1967 c 235 § 91.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.455
24.03.455 Greater voting requirements. Whenever,
with respect to any action to be taken by the members or
directors of a corporation, the articles of incorporation
require the vote or concurrence of a greater proportion of the
members or directors, as the case may be, than required by
this chapter with respect to such action, the provisions of the
articles of incorporation shall control. [1967 c 235 § 92.]
(2004 Ed.)
24.03.465
24.03.465 Action by members or directors without a
meeting. Any action required by this chapter to be taken at a
meeting of the members or directors of a corporation, or any
action which may be taken at a meeting of the members or
directors, may be taken without a meeting if a consent in the
form of a record, setting forth the action so taken, shall be
executed by all of the members entitled to vote with respect
to the subject matter thereof, or all of the directors, as the case
may be.
Such consent shall have the same force and effect as a
unanimous vote, and may be stated as such in any articles or
record filed with the secretary of state under this chapter.
[2004 c 265 § 39; 1967 c 235 § 94.]
24.03.470
24.03.470 Unauthorized assumption of corporate
powers. All persons who assume to act as a corporation
without authority so to do shall be jointly and severally liable
for all debts and liabilities incurred or arising as a result
thereof. [1967 c 235 § 95.]
24.03.480
24.03.480 Postsecondary education loans—Interest
rates. A nonprofit corporation may charge interest upon any
loan made under a program to finance postsecondary education at any rate or rates of interest which are permitted by
state or federal law to be charged by any state or federally
chartered bank, savings and loan association, or credit union.
[1989 c 166 § 1.]
24.03.490
24.03.490 Public benefit nonprofit corporation designation established. There is hereby established the special
designation "public benefit not for profit corporation" or
"public benefit nonprofit corporation." A corporation may be
designated as a public benefit nonprofit corporation if it
meets the following requirements:
(1) The corporation complies with the provisions of this
chapter; and
(2) The corporation holds a current tax exempt status as
provided under 26 U.S.C. Sec. 501(c)(3) or is not required to
apply for its tax exempt status under 26 U.S.C. Sec.
501(c)(3). [1989 c 291 § 4.]
Finding—1989 c 291: "The legislature finds that it is in the public
interest to increase the level of accountability to the public of nonprofit corporations through improved reporting, increased consistency between state
and federal statutes, and a clear definition of those nonprofit corporations
that may hold themselves out as operating to benefit the public." [1989 c 291
§ 1.]
Severability—1989 c 291: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 291 § 12.]
24.03.500
24.03.500 Public benefit nonprofit corporations—
Temporary designation. A temporary designation as a pub[Title 24 RCW—page 27]
24.03.510
Title 24 RCW: Corporations and Associations (Nonprofit)
lic benefit nonprofit corporation may be provided to a corporation that has applied for tax exempt status under 26 U.S.C.
Sec. 501(c)(3). The temporary designation is valid for up to
one year and may be renewed at the discretion of the secretary. [1989 c 291 § 5.]
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.510 Public benefit nonprofit corporations—
Application. The secretary shall develop an application process for new and existing corporations to apply for public
benefit nonprofit corporation status. [1989 c 291 § 6.]
24.03.510
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.520
24.03.520 Public benefit nonprofit corporations—
Renewal. The designation "public benefit nonprofit corporation" shall be renewed annually. The secretary may schedule
renewals in conjunction with existing corporate renewals.
[1989 c 291 § 7.]
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.530 Public benefit nonprofit corporations—
Fees. The secretary may establish fees to cover the cost of
renewals. [1989 c 291 § 8.]
24.03.530
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.540 Public benefit nonprofit corporations—
Removal of status. The secretary may remove a corporation's public benefit nonprofit corporation designation if it
does not comply with the provisions of this chapter or does
not maintain its exempt status under 26 U.S.C. Sec.
501(c)(3). The secretary in removing a corporation's public
benefit nonprofit corporation status shall comply with administrative procedures provided by this chapter. [1989 c 291 §
9.]
24.03.540
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.900 Short title. This chapter shall be known and
may be cited as the "Washington nonprofit corporation act."
[1967 c 235 § 1.]
ing corporation organized for a purpose or purposes other
than those for which a corporation might be organized under
this chapter. [1967 c 235 § 96.]
24.03.910 Severability—1967 c 235. If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of this
chapter, such judgment or decree shall not affect, impair,
invalidate or nullify the remainder of this chapter, but the
effect thereof shall be confined to the clause, sentence, paragraph, section or part of this chapter so adjudged to be invalid
or unconstitutional. [1967 c 235 § 97.]
24.03.910
24.03.915 Notice to existing corporations. (1) The
secretary of state shall notify all existing nonprofit corporations thirty days prior to the effective date of this chapter, that
in the event they fail to appoint a registered agent as provided
in chapter 163, Laws of 1969 ex. sess. within ninety days following the effective date of chapter 163, Laws of 1969 ex.
sess., they shall thereupon cease to exist.
(2) If the notification provided under subsection (1) of
this section, from the secretary of state to any corporation
was or has been returned unclaimed or undeliverable, the secretary of state shall proceed to dissolve the corporation by
striking the name of such corporation from the records of
active corporations.
(3) Corporations dissolved under subsection (2) of this
section may be reinstated at any time within three years of the
dissolution action by the secretary of state. The corporation
shall be reinstated by filing a request for reinstatement, by
appointment of a registered agent and designation of a registered office as required by this chapter, and by filing an
annual report for the reinstatement year. No fees may be
charged for reinstatements under this section. If, during the
period of dissolution, another person or corporation has
reserved or adopted a corporate name which is identical to or
deceptively similar to the dissolved corporation's name, the
corporation seeking reinstatement shall be required to adopt
another name consistent with the requirements of this chapter
and to amend its articles of incorporation accordingly. [1982
c 35 § 117; 1969 ex.s. c 163 § 8; 1967 c 235 § 98.]
24.03.915
24.03.900
24.03.905
24.03.905 Savings—1967 c 235. Any corporation
existing on the date when this chapter takes effect shall continue to exist as a corporation despite any provision of this
chapter changing the requirements for forming a corporation
or repealing or amending the law under which it was formed.
The provisions of this chapter shall, however, apply prospectively to the fullest extent permitted by the Constitutions of
the United States and the state of Washington to all existing
corporations organized under any general act of the territory
or the state of Washington providing for the organization of
corporations for a purpose or purposes for which a corporation might be organized under this chapter. The repeal of any
prior act or part thereof by this chapter shall not affect any
right accrued or any liability or penalty incurred, under the
provisions of such act, prior to the repeal thereof. The repeal
of a prior act or acts by this chapter shall not affect any exist[Title 24 RCW—page 28]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Effective date—1969 ex.s. c 163: August 11, 1969, see preface to 1969
session laws.
Effective date—1967 c 235: See RCW 24.03.925.
24.03.920 Repealer—Exception. The following acts
or parts of acts, except insofar as may be applicable to the
rights, powers and duties of persons and corporations not
subject to the provisions of this chapter, are hereby repealed:
(1) Chapter 110, Laws of 1961;
(2) Section 6, chapter 12, Laws of 1959;
(3) Section 3, chapter 263, Laws of 1959;
(4) Chapter 32, Laws of 1955;
(5) Chapter 121, Laws of 1953;
(6) Chapter 249, Laws of 1947;
(7) Chapter 122, Laws of 1943;
(8) Chapter 89, Laws of 1933;
(9) Section 2, chapter 63, Laws of 1925 extraordinary
session;
24.03.920
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
(10) Chapter 8, Laws of 1923;
(11) Chapter 75, Laws of 1907;
(12) Chapter 134, Laws of 1907;
(13) Chapter 125, Laws of 1905;
(14) Page 24, chapter XIX (19), Laws of 1895;
(15) Page 348, chapter CXXXV (135), Laws of 1895;
(16) Chapter CLVIII (158), Laws of 1895;
(17) Section 1, page 86, Laws of 1886;
(18) Sections 2450 through 2454, Code of 1881;
(19) Pages 409 through 411, Laws of 1873;
(20) Pages 341 and 342, Laws of 1869;
(21) Pages 67 and 68, Laws of 1866; and
(22) RCW sections 24.01.010, 24.04.010 through
24.04.170, 24.08.010 through 24.08.900, and 24.16.010
through 24.16.140. [1967 c 235 § 100.]
24.06.207
24.06.210
24.06.215
24.06.220
24.06.225
24.06.230
24.06.233
24.06.235
24.06.240
24.06.245
24.06.250
24.06.255
24.06.260
24.06.265
24.06.270
24.06.275
24.06.280
24.06.285
24.06.290
24.06.293
24.03.925
24.03.925 Effective date—1967 c 235. This chapter
shall become effective July 1, 1969. [1967 c 235 § 99.]
24.06.295
24.06.300
Chapter 24.06 RCW
NONPROFIT MISCELLANEOUS AND MUTUAL
CORPORATIONS ACT
Chapter 24.06
Sections
24.06.005
24.06.010
24.06.015
24.06.020
24.06.025
24.06.030
24.06.032
24.06.035
24.06.040
24.06.043
24.06.045
24.06.046
24.06.047
24.06.048
24.06.050
24.06.055
24.06.060
24.06.065
24.06.070
24.06.075
24.06.080
24.06.085
24.06.090
24.06.095
24.06.100
24.06.105
24.06.110
24.06.115
24.06.120
24.06.125
24.06.130
24.06.135
24.06.140
24.06.145
24.06.150
24.06.153
24.06.155
24.06.160
24.06.165
24.06.170
24.06.175
24.06.180
24.06.185
24.06.190
24.06.195
24.06.200
24.06.205
(2004 Ed.)
Definitions.
Application of chapter.
Purposes.
Incorporators.
Articles of incorporation.
General powers.
Additional rights and powers authorized.
Nonprofit status—Members', officers' immunity from liability.
Defense of ultra vires.
Indemnification of agents of any corporation authorized.
Corporate name.
Reservation of exclusive right to use corporate name.
Registration of corporate name.
Renewal of registration of corporate name.
Registered office and registered agent.
Change of registered office or registered agent.
Service of process on corporation.
Members.
Shares—Issuance—Payment—Subscription agreements.
Shares—Consideration, fixing.
Shares—Certificates.
Liability of shareholders, subscribers, assignees, executors,
trustees, etc.
Preemptive share acquisition rights.
Bylaws.
Meetings of members and shareholders.
Notice of meetings.
Voting.
Quorum.
Class voting.
Board of directors.
Number and election of directors.
Vacancies.
Quorum of directors.
Committees.
Directors' meetings.
Duties of director or officer—Standards—Liability.
Officers.
Books and records.
Loans to directors or officers.
Filing of articles of incorporation.
Effect of filing of articles of incorporation.
Organization meeting.
Right to amend articles of incorporation.
Procedure to amend articles of incorporation.
Articles of amendment.
Filing of articles of amendment—Procedure.
When amendment becomes effective—Existing actions and
rights not affected.
24.06.305
24.06.310
24.06.315
24.06.320
24.06.325
24.06.330
24.06.335
24.06.340
24.06.345
24.06.350
24.06.355
24.06.360
24.06.365
24.06.367
24.06.369
24.06.370
24.06.375
24.06.380
24.06.385
24.06.390
24.06.395
24.06.400
24.06.405
24.06.410
24.06.415
24.06.420
24.06.425
24.06.430
24.06.433
24.06.435
24.06.440
24.06.445
24.06.450
24.06.455
24.06.460
24.06.462
24.06.465
24.06.470
24.06.475
24.06.480
24.06.485
24.06.490
24.06.495
24.06.500
24.06.505
24.06.510
24.06.515
Chapter 24.06
Restated articles of incorporation.
Procedure for merger.
Procedure for consolidation.
Approval of merger or consolidation.
Articles of merger or consolidation.
Merger or consolidation—When effected.
Merger or consolidation of domestic and foreign corporation—Participation in an exchange.
Effect of merger or consolidation.
Sale, lease, exchange, etc., of property and assets.
Right of member or shareholder to dissent.
Exercise of right of dissent—Rights and liabilities.
Payment of fair value to dissenting member or shareholder.
Voluntary dissolution.
Distribution of assets.
Revocation of voluntary dissolution proceedings.
Articles of dissolution.
Filing of articles of dissolution.
Involuntary dissolution.
Proceedings for involuntary dissolution—Rights, duties, and
remedies—Penalties—Fee set by rule.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from name
of governmental entity—Application by governmental
entity.
Venue and process.
Jurisdiction of court to liquidate assets and dissolve corporation.
Procedure in liquidation of corporation in court.
Qualifications of receivers—Bond.
Filing of claims in liquidation proceedings.
Discontinuance of liquidation proceedings.
Decree of involuntary dissolution.
Filing of decree of dissolution.
Survival of remedies after dissolution.
Admission of foreign corporation.
Powers and duties, etc., of foreign corporation.
Corporate name of foreign corporation.
Change of name by foreign corporation.
Certificate of authority—Application for, contents.
Filing of application for certificate of authority—Issuance.
Certificate of authority as insurance company—Filing of documents.
Certificate of authority as insurance company—Registration
or reservation of name.
Effect of filing application for certificate of authority.
Registered office and registered agent of foreign corporation.
Change of registered office or registered agent of foreign corporation.
Resignation of registered agent.
Service of process upon registered agent.
Service of process upon secretary of state.
Amendment to articles of incorporation of foreign corporation.
Merger of foreign corporation authorized to conduct affairs in
this state.
Amended certificate of authority.
Withdrawal of foreign corporation.
Filing of application for withdrawal—Issuance of certificate of
withdrawal.
Revocation of certificate of authority.
Issuance and filing of certificate of revocation—Effect.
Foreign corporations—Application for reinstatement.
Conducting affairs without certificate of authority.
Annual or biennial report of domestic and foreign corporations.
Filing of annual or biennial report of domestic and foreign corporations.
Fees for filing documents and issuing certificates.
Miscellaneous fees.
Disposition of fees.
Fees for services by secretary of state.
Penalties imposed upon corporation—Penalty established by
secretary of state.
Penalties imposed upon directors and officers.
Interrogatories by secretary of state.
Confidential nature of information disclosed by interrogatories.
Power and authority of secretary of state.
Appeal from secretary of state's actions.
Certificates and certified copies to be received in evidence.
Greater voting requirements.
Waiver of notice.
Action by members or directors without a meeting.
Unauthorized assumption of corporate powers.
[Title 24 RCW—page 29]
24.06.005
24.06.520
24.06.525
24.06.600
24.06.610
24.06.900
24.06.905
24.06.910
24.06.915
24.06.920
Title 24 RCW: Corporations and Associations (Nonprofit)
Reinstatement and renewal of corporate existence—Fee.
Reorganization of corporations or associations in accordance
with this chapter.
Locally regulated utilities—Attachments to poles.
Tariff for irrigation pumping service—Authority for locally
regulated utility to buy back electricity.
Short title.
Existing liabilities not terminated—Continuation of corporate
existence—Application of chapter.
Severability—1969 ex.s. c 120.
Notice to existing corporations.
Effective date—1969 ex.s. c 120.
Organization of condominium unit owners' association: RCW 64.34.300.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
24.06.005
24.06.005 Definitions. As used in this chapter, unless
the context otherwise requires, the term:
(1) "Corporation" or "domestic corporation" means a
mutual corporation or miscellaneous corporation subject to
the provisions of this chapter, except a foreign corporation.
(2) "Foreign corporation" means a mutual or miscellaneous corporation or other corporation organized under laws
other than the laws of this state which would be subject to the
provisions of this chapter if organized under the laws of this
state.
(3) "Mutual corporation" means a corporation organized
to accomplish one or more of its purposes on a mutual basis
for members and other persons.
(4) "Miscellaneous corporation" means any corporation
which is organized for a purpose or in a manner not provided
for by the Washington business corporation act or by the
Washington nonprofit corporation act, and which is not
required to be organized under other laws of this state.
(5) "Articles of incorporation" includes the original articles of incorporation and all amendments thereto, and
includes articles of merger.
(6) "Bylaws" means the code or codes of rules adopted
for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules
are designated.
(7) "Member" means one having membership rights in a
corporation in accordance with provisions of its articles of
incorporation or bylaws.
(8) "Stock" or "share" means the units into which the
proprietary interests of a corporation are divided in a corporation organized with stock.
(9) "Stockholder" or "shareholder" means one who is a
holder of record of one or more shares in a corporation organized with stock.
(10) "Board of directors" means the group of persons
vested with the management of the affairs of the corporation
irrespective of the name by which such group is designated.
(11) "Insolvent" means inability of a corporation to pay
debts as they become due in the usual course of its affairs.
(12) "Duplicate originals" means two copies, original or
otherwise, each with original signatures, or one original with
original signatures and one copy thereof.
(13) "Conforms to law" as used in connection with duties
of the secretary of state in reviewing documents for filing
under this chapter, means the secretary of state has determined the document complies as to form with the applicable
requirements of this chapter.
[Title 24 RCW—page 30]
(14) "Effective date" means, in connection with a document filing made by the secretary of state, the date which is
shown by affixing a "filed" stamp on the documents. When a
document is received for filing by the secretary of state in a
form which complies with the requirements of this chapter
and which would entitle the document to be filed immediately upon receipt, but the secretary of state's approval action
occurs subsequent to the date of receipt, the secretary of
state's filing date shall relate back to the date on which the
secretary of state first received the document in acceptable
form. An applicant may request a specific effective date no
more than thirty days later than the receipt date which might
otherwise be applied as the effective date.
(15) "Executed by an officer of the corporation," or
words of similar import, means that any document signed by
such person shall be and is signed by that person under penalties of perjury and in an official and authorized capacity on
behalf of the corporation or person making the document
submission with the secretary of state.
(16) "An officer of the corporation" means, in connection with the execution of documents submitted for filing
with the secretary of state, the president, a vice president, the
secretary, or the treasurer of the corporation.
(17) "Electronic transmission" or "electronically transmitted" means any process of electronic communication not
directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of the transmitted information by the recipient. However, such an electronic transmission must either set forth or be submitted with
information, including any security or validation controls
used, from which it can reasonably be determined that the
electronic transmission was authorized by, as applicable, the
corporation or shareholder or member by or on behalf of
which the electronic transmission was sent.
(18) "Consumer cooperative" means a corporation
engaged in the retail sale, to its members and other consumers, of goods or services of a type that are generally for personal, living, or family use. [2001 c 271 § 1; 2000 c 167 § 1;
1982 c 35 § 118; 1969 ex.s. c 120 § 1.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.010 Application of chapter. The provisions of
this chapter relating to domestic corporations shall apply to:
(1) All corporations organized hereunder; and
(2) All corporations which were heretofore organized
under any act repealed by the Washington nonprofit corporation act and which are not organized for a purpose or in a
manner provided for by said act.
The provisions of this chapter relating to foreign corporations shall apply to all foreign corporations conducting
affairs in this state for a purpose or purposes for which a corporation might be organized under this chapter. [1969 ex.s. c
120 § 2.]
24.06.010
24.06.015 Purposes. Corporations may be organized
under this chapter for any lawful purpose including but not
limited to mutual, social, cooperative, fraternal, beneficial,
service, labor organization, and other purposes; but excluding
purposes which by law are restricted to corporations organized under other statutes. [1969 ex.s. c 120 § 3.]
24.06.015
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
Labor unions: Chapter 49.36 RCW.
24.06.020
24.06.020 Incorporators. One or more individuals,
partnerships, corporations or governmental bodies or agencies may incorporate a corporation by signing and delivering
articles of incorporation in duplicate to the secretary of state.
[1982 c 35 § 119; 1969 ex.s. c 120 § 4.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.025
24.06.025 Articles of incorporation. The articles of
incorporation shall set forth:
(1) The name of the corporation.
(2) The period of duration, which may be perpetual or for
a stated number of years.
(3) The purpose or purposes for which the corporation is
organized.
(4) The qualifications and the rights and responsibilities
of the members and the manner of their election, appointment
or admission to membership and termination of membership;
and, if there is more than one class of members or if the members of any one class are not equal, the relative rights and
responsibilities of each class or each member.
(5) If the corporation is to have capital stock:
(a) The aggregate number of shares which the corporation shall have authority to issue; if such shares are to consist
of one class only, the par value of each of such shares, or a
statement that all of such shares are without par value; or, if
such shares are to be divided into classes, the number of
shares of each class, and a statement of the par value of the
shares of each such class or that such shares are to be without
par value;
(b) If the shares are to be divided into classes, the designation of each class and a statement of the preferences, limitations and relative rights in respect of the shares of each
class;
(c) If the corporation is to issue the shares of any preferred or special class in series, then the designation of each
series and a statement of the variations in the relative rights
and preferences as between series insofar as the same are to
be fixed in the articles of incorporation, and a statement of
any authority to be vested in the board of directors to establish series and fix and determine the variations in the relative
rights and preferences as between series;
(d) Any provision limiting or denying to shareholders the
preemptive right to acquire additional shares of the corporation.
(6) If the corporation is to distribute surplus funds to its
members, stockholders or other persons, provisions for determining the amount and time of the distribution.
(7) Provisions for distribution of assets on dissolution or
final liquidation.
(8) Whether a dissenting shareholder or member shall be
limited to a return of less than the fair value of his shares or
membership.
(9) The address of its initial registered office, including
street and number, and the name of its initial registered agent
at such address.
(10) The number of directors constituting the initial
board of directors, and the names and addresses of the persons who are to serve as the initial directors.
(2004 Ed.)
24.06.030
(11) The name and address of each incorporator.
(12) Any provision, not inconsistent with law, for the
regulation of the internal affairs of the association, including:
(a) Overriding the release from liability provided in
RCW 24.06.035(2); and
(b) Any provision which under this title is required or
permitted to be set forth in the bylaws.
It shall not be necessary to set forth in the articles of
incorporation any of the corporate powers enumerated in this
chapter.
Unless the articles of incorporation provide that a change
in the number of directors shall be made only by amendment
to the articles of incorporation, a change in the number of
directors made by amendment to the bylaws shall be controlling. In all other cases, whenever a provision of the articles of
incorporation is inconsistent with a bylaw, the provision of
the articles of incorporation shall be controlling. [2001 c 271
§ 2; 1987 c 212 § 708; 1982 c 35 § 120; 1969 ex.s. c 120 § 5.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.030
24.06.030 General powers. Each corporation shall
have power:
(1) To have perpetual succession by its corporate name
unless a limited period of duration is stated in its articles of
incorporation.
(2) To sue and be sued, complain and defend, in its corporate name.
(3) To have a corporate seal which may be altered at
pleasure, and to use the same by causing it, or a facsimile
thereof, to be impressed or affixed or in any other manner
reproduced.
(4) To purchase, take, receive, lease, take by gift, devise
or bequest, or otherwise acquire, own, hold, be trustee of,
improve, use and otherwise deal in and with real or personal
property, or any interest therein, wherever situated.
(5) To sell, convey, mortgage, pledge, lease, exchange,
transfer and otherwise dispose of all or any part of its property and assets.
(6) To lend money to its employees.
(7) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
lend, pledge, or otherwise dispose of, and otherwise use and
deal in and with, shares or other interests in, or obligations of,
other domestic or foreign corporations, whether for profit or
not for profit, associations, partnerships or individuals, or
direct or indirect obligations of the United States, or of any
other government, state, territory, governmental district or
municipality or of any instrumentality thereof.
(8) To make contracts and incur liabilities, borrow
money at such rates of interest as the corporation may determine, issue its notes, bonds, and other obligations, and secure
any of its obligations by mortgage or pledge of all or any of
its property, franchises and income.
(9) To lend money for its corporate purposes, invest and
reinvest its funds, and take and hold real and personal property as security for the payment of funds so loaned or
invested.
(10) To conduct its affairs, carry on its operations, and
have offices and exercise the powers granted by this chapter,
[Title 24 RCW—page 31]
24.06.032
Title 24 RCW: Corporations and Associations (Nonprofit)
in any state, territory, district, or possession of the United
States, or in any foreign country.
(11) To elect or appoint officers and agents of the corporation, and define their duties and fix their compensation.
(12) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of the affairs of the corporation.
(13) To establish and maintain reserve, equity, surplus or
other funds, and to provide for the time, form and manner of
distribution of such funds among members, shareholders or
other persons with interests therein in accordance with the
articles of incorporation.
(14) Unless otherwise provided in the articles of incorporation, to make donations for the public welfare or for charitable, scientific or educational purposes, and in time of war to
make donations in aid of the United States and its war activities.
(15) To indemnify any director or officer or former
director or officer of the corporation, or any person who may
have served at its request as a director or officer of another
corporation, against expenses actually and necessarily
incurred by him or her in connection with the defense of any
action, suit or proceeding in which he or she is made a party
by reason of being or having been such director or officer,
except for acts or omissions that involve intentional misconduct or a knowing violation of law by the director or officer,
or that involve a transaction from which the director or
officer will personally receive a benefit in money, property,
or services to which the director or officer is not legally entitled: PROVIDED, That such indemnification shall not be
deemed exclusive of any other rights to which such director
or officer may be entitled, under any bylaw, agreement, vote
of board of directors or members or shareholders, or otherwise.
(16) To cease its corporate activities and surrender its
corporate franchise.
(17) To have and exercise all powers necessary or convenient to effect any or all of the purposes for which the corporation is organized and not inconsistent with the articles of
incorporation or the provisions of this chapter. [2001 c 271 §
3; 1969 ex.s. c 120 § 6.]
Indemnification of agents, insurance: RCW 23B.08.320, 23B.08.500
through 23B.08.580, 23B.08.600, and 23B.17.030.
24.06.032 Additional rights and powers authorized.
In addition to any other rights and powers granted under this
chapter, any mutual or miscellaneous corporation that was
organized under this chapter prior to June 10, 2004, and conducts its business on a cooperative basis is entitled, by means
of an express election contained in its articles of incorporation or bylaws, to avail itself of part or all of the additional
rights and powers granted to cooperative associations under
RCW 23.86.105(1), 23.86.160, and 23.86.170, and, if the
corporation is a consumer cooperative, under RCW
23.86.030 (1) and (2). [2004 c 265 § 40.]
24.06.032
24.06.035 Nonprofit status—Members', officers'
immunity from liability. (1) A corporation subject to the
provisions of this chapter shall not engage in any business,
trade, a vocation or profession for profit: PROVIDED, That
24.06.035
[Title 24 RCW—page 32]
nothing contained herein shall be construed to forbid such a
corporation from accumulating reserve, equity, surplus or
other funds through subscriptions, fees, dues or assessments,
or from charges made its members or other persons for services rendered or supplies or benefits furnished, or from distributing its surplus funds to its members, stockholders or
other persons in accordance with the provisions of the articles
of incorporation. A member of the board of directors or an
officer of such a corporation shall have the same immunity
from liability as is granted in RCW 4.24.264.
(2) Unless the articles of incorporation provide otherwise, a member of the board of directors or an officer of the
corporation is not individually liable to the corporation or its
shareholders or members in their capacity as shareholders or
members for conduct within his or her official capacity as a
director or officer after July 22, 2001, except for acts or omissions that involve intentional misconduct or a knowing violation of the law, or that involve a transaction from which the
director or officer will personally receive a benefit in money,
property, or services to which the director or officer is not
legally entitled. Nothing in this subsection may be construed
to limit or modify in any manner the power of the attorney
general to bring an action on behalf of the public to enjoin,
correct, or otherwise remedy a breach of a charitable trust by
a corporation or its directors or officers. [2001 c 271 § 4;
1987 c 212 § 709; 1969 ex.s. c 120 § 7.]
24.06.040
24.06.040 Defense of ultra vires. No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the
fact that the corporation was without capacity or power to do
such act or to make or receive such conveyance or transfer,
but such lack of capacity or power may be asserted:
(1) In a proceeding by a member, shareholder or a director against the corporation to enjoin the doing or continuation
of unauthorized acts or the transfer of real or personal property by or to the corporation. If the unauthorized acts or transfer sought to be enjoined are being, or are to be, performed
pursuant to any contract to which the corporation is a party,
the court may, if all of the parties to the contract are parties to
the proceeding and if it deems the same to be equitable, set
aside and enjoin the performance of such contract, and in so
doing may allow to the corporation or the other parties to the
contract, as the case may be, compensation for the loss or
damage sustained by either of them which may result from
the action of the court in setting aside and enjoining the performance of such contract: PROVIDED, That anticipated
profits to be derived from the performance of the contract
shall not be awarded by the court as a loss or damage sustained.
(2) In a proceeding by the corporation, whether acting
directly or through a receiver, trustee, or other legal representative, or through members or shareholder in a representative
suit, against the officers or directors of the corporation for
exceeding their authority.
(3) In a proceeding by the attorney general, as provided
in this chapter, to dissolve the corporation, or in a proceeding
by the attorney general to enjoin the corporation from performing unauthorized acts, or in any other proceeding by the
attorney general. [1969 ex.s. c 120 § 8.]
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
24.06.043 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.06.043
24.06.045 Corporate name. The corporate name:
(1) Shall not contain any word or phrase which indicates
or implies that it is organized for any purpose other than one
or more of the purposes contained in its articles of incorporation.
(2)(a) Except as provided in (b) and (c) of this subsection, must be distinguishable upon the records of the secretary of state from:
(i) The corporate name of a corporation organized or
authorized to transact business in this state;
(ii) A corporate name reserved or registered under chapter 23B.04 RCW;
(iii) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under this chapter;
(iv) The fictitious name adopted under RCW 23B.15.060
by a foreign corporation authorized to transact business in
this state because its real name is unavailable;
(v) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct
affairs in this state under chapter 24.03 RCW;
(vi) The name or reserved name of a foreign or domestic
limited partnership formed or registered under chapter 25.10
RCW;
(vii) The name or reserved name of a limited liability
company organized or registered under chapter 25.15 RCW;
and
(viii) The name or reserved name of a limited liability
partnership registered under chapter 25.04 RCW.
(b) A corporation may apply to the secretary of state for
authorization to use a name that is not distinguishable upon
the records from one or more of the names described in (a) of
this subsection. The secretary of state shall authorize use of
the name applied for if:
(i) The other corporation, company, holder, limited liability partnership, or limited partnership consents to the use
in writing and files with the secretary of state documents necessary to change its name or the name reserved or registered
to a name that is distinguishable upon the records of the secretary of state from the name of the applying corporation; or
(ii) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant's right to use the name
applied for in this state.
(c) A corporation may use the name, including the fictitious name, of another domestic or foreign corporation, limited liability company, limited partnership, or limited liability
partnership, that is used in this state if the other entity is
incorporated, organized, formed, or authorized to transact
business in this state, and the proposed user corporation:
(i) Has merged with the other corporation, limited liability company, or limited partnership; or
(ii) Has been formed by reorganization of the other corporation.
(3) Shall be transliterated into letters of the English
alphabet if it is not in English.
(4) The name of any corporation formed under this section shall not include nor end with "incorporated", "com24.06.045
(2004 Ed.)
24.06.046
pany", or "corporation" or any abbreviation thereof, but may
use "club", "league", "association", "services", "committee",
"fund", "society", "foundation", ". . . . . ., a nonprofit mutual
corporation", or any name of like import.
(5) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in
the same name.
(6) This title does not control the use of assumed business names or "trade names." [1998 c 102 § 4; 1995 c 337 §
22; 1994 c 211 § 1307; 1987 c 55 § 41; 1982 c 35 § 121; 1973
c 113 § 1; 1969 ex.s. c 120 § 9.]
Effective date—1995 c 337: See note following RCW 25.15.005.
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Corporate name of foreign corporation: RCW 24.06.350.
24.06.046
24.06.046 Reservation of exclusive right to use corporate name. The exclusive right to the use of a corporate
name may be reserved by:
(1) Any person intending to organize a corporation under
this title.
(2) Any domestic corporation intending to change its
name.
(3) Any foreign corporation intending to make application for a certificate of authority to transact business in this
state.
(4) Any foreign corporation authorized to transact business in this state and intending to change its name.
(5) Any person intending to organize a foreign corporation and intending to have such corporation make application
for a certificate of authority to transact business in this state.
The reservation shall be made by filing with the secretary of state an application to reserve a specified corporate
name, executed by or on behalf of the applicant. If the secretary of state finds that the name is available for corporate use,
the secretary of state shall reserve the same for the exclusive
use of the applicant for a period of one hundred and eighty
days. Such reservation shall be limited to one filing.
The right to the exclusive use of a specified corporate
name so reserved may be transferred to any other person or
corporation by filing in the office of the secretary of state, a
notice of such transfer, executed by the applicant for whom
the name was reserved, and specifying the name and address
of the transferee. [1993 c 356 § 13; 1982 c 35 § 122.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
[Title 24 RCW—page 33]
24.06.047
Title 24 RCW: Corporations and Associations (Nonprofit)
24.06.047
24.06.047 Registration of corporate name. Any corporation, organized and existing under the laws of any state
or territory of the United States may register its corporate
name under this title, provided its corporate name is not the
same as, or deceptively similar to, the name of any domestic
corporation existing under the laws of this state, or the name
of any foreign corporation authorized to transact business in
this state, the name of any domestic limited liability company
organized under the laws of this state, or the name of any foreign limited liability company authorized to transact business
in this state, the name of any domestic or foreign limited partnership on file with the secretary, or any corporate name
reserved or registered under this title.
Such registration shall be made by:
(1) Filing with the secretary of state: (a) An application
for registration executed by the corporation by an officer
thereof, setting forth the name of the corporation, the state or
country under the laws of which it is incorporated, and the
date of its incorporation, and (b) a certificate setting forth that
such corporation is in good standing under the laws of the
state or country wherein it is organized, executed by the secretary of state of such state or territory or by such other official as may have custody of the records pertaining to corporations, and
(2) Paying to the secretary of state the applicable annual
registration fee.
The registration shall be effective until the close of the
calendar year in which the application for registration is filed.
[1994 c 211 § 1308; 1993 c 356 § 14; 1987 c 55 § 42; 1982 c
35 § 123.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
graphic address. For purposes of communicating by mail, the
secretary of state may permit the use of a post office address
in conjunction with the registered office address if the corporation also maintains on file the specific geographic address
of the registered office where personal service of process may
be made.
(2) A registered agent, which agent may be either an
individual resident in this state whose business office is identical with such registered office, or a domestic corporation
existing under any act of this state or a foreign corporation
authorized to transact business or conduct affairs in this state
under any act of this state having an office identical with such
registered office. The resident agent and registered office
shall be designated by duly adopted resolution of the board of
directors; and a statement of such designation, executed by an
officer of the corporation, shall be filed with the secretary of
state. A registered agent shall not be appointed without having given prior written consent to the appointment. The written consent shall be filed with the secretary of state in such
form as the secretary may prescribe. The written consent
shall be filed with or as a part of the document first appointing a registered agent. In the event any individual or corporation has been appointed agent without consent, that person or
corporation may file a notarized statement attesting to that
fact, and the name shall forthwith be removed from the
records of the secretary of state.
No Washington corporation or foreign corporation
authorized to transact business in this state may be permitted
to maintain any action in any court in this state until the corporation complies with the requirements of this section.
[1993 c 356 § 15; 1982 c 35 § 125; 1969 ex.s. c 120 § 10.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.055 Change of registered office or registered
agent. A corporation may change its registered office or
change its registered agent, or both, upon filing in the office
of the secretary of state a statement in the form prescribed by
the secretary of state setting forth:
(1) The name of the corporation.
(2) If the address of its registered office is to be changed,
the address to which the registered office is to be changed,
including street and number.
(3) If the current registered agent is to be changed, the
name of its successor registered agent.
(4) That the address of its registered office and the
address of the office of its registered agent, as changed, will
be identical.
Such statement shall be executed by the corporation by
an officer of the corporation, and delivered to the secretary of
state, together with a written consent of the registered office
to his or its appointment, if applicable. If the secretary of state
finds that such statement conforms to the provisions of this
chapter, the secretary of state shall file such statement, and
upon such filing, the change of address of the registered
office, or the appointment of a new registered agent, or both,
as the case may be, shall become effective.
Any registered agent of a corporation may resign as such
agent upon filing a written notice thereof, executed in duplicate, with the secretary of state, who shall forthwith mail a
24.06.055
24.06.048
24.06.048 Renewal of registration of corporate name.
A corporation which has in effect a registration of its corporate name, may renew such registration from year to year by
annually filing an application for renewal setting forth the
facts required to be set forth in an original application for registration and a certificate of good standing as required for the
original registration and by paying a fee of ten dollars. A
renewal application may be filed between the first day of
October and the thirty-first day of December in each year,
and shall extend the registration for the following calendar
year. [1982 c 35 § 124.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.050
24.06.050 Registered office and registered agent.
Each domestic corporation and foreign corporation authorized to do business in this state shall have and continuously
maintain in this state:
(1) A registered office which may be, but need not be,
the same as its principal office. The registered office shall be
at a specific geographic location in this state, and be identified by number, if any, and street, or building address or rural
route, or, if a commonly known street or rural route address
does not exist, by legal description. A registered office may
not be identified by post office box number or other nongeo[Title 24 RCW—page 34]
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
copy thereof to the corporation in care of an officer, who is
not the resigning registered agent, at the address of such
officer as shown by the most recent annual report of the corporation. The appointment of such agent shall terminate upon
the expiration of thirty days after receipt of such notice by the
secretary of state. [1993 c 356 § 16; 1982 c 35 § 126; 1969
ex.s. c 120 § 11.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.060 Service of process on corporation. The registered agent so appointed by a corporation shall be an agent
of such corporation upon whom any process, notice or
demand required or permitted by law to be served upon the
corporation may be served.
Whenever a corporation shall fail to appoint or maintain
a registered agent in this state, or whenever its registered
agent cannot with reasonable diligence be found at the registered office, then the secretary of state shall be an agent of
such corporation upon whom any such process, notice, or
demand may be served. Service on the secretary of state of
any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any
duly authorized clerk of the corporation department of his or
her office, duplicate copies of such process, notice or
demand. In the event any such process, notice or demand is
served on the secretary of state, the secretary of state shall
immediately cause one of the copies thereof to be forwarded
by certified mail, addressed to the corporation at its registered
office. Any service so had on the secretary of state shall be
returnable in not less than thirty days.
The secretary of state shall keep a record of all processes,
notices and demands served upon the secretary of state under
this section, and shall record therein the time of such service
and his action with reference thereto.
Nothing herein contained shall limit or affect the right to
serve any process, notice or demand required or permitted by
law to be served upon a corporation in any other manner now
or hereafter permitted by law. [1982 c 35 § 127; 1969 ex.s. c
120 § 12.]
24.06.060
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.065 Members. A corporation may have one or
more classes of members. The designation of such class or
classes, the manner of election, appointment or admission to
membership, and the qualifications, responsibilities and
rights of the members of each class shall be set forth in the
articles of incorporation. A corporation may issue certificates
evidencing membership therein. Certificates may be assigned
by a member and reacquired by the corporation under such
provisions, rules and regulations as may be prescribed in the
articles of incorporation. Membership may be terminated
under such provisions, rules and regulations as may be prescribed in the articles of incorporation or bylaws. [1969 ex.s.
c 120 § 13.]
24.06.065
24.06.070 Shares—Issuance—Payment—Subscription agreements. (1) Each corporation which is organized
with capital stock shall have the power to create and issue the
24.06.070
(2004 Ed.)
24.06.070
number of shares stated in its articles of incorporation. Such
shares may be divided into one or more classes, any or all of
which classes may consist of shares with par value or shares
without par value, with such designations, preferences, limitations, and relative rights as shall be stated in the articles of
incorporation. The articles of incorporation may limit or deny
the voting rights of or provide special voting rights for the
shares of any class to the extent not inconsistent with the provisions of this chapter.
(2) Without limiting the authority herein contained, a
corporation, when so provided in its articles of incorporation,
may issue shares of preferred or special classes:
(a) Subject to the right of the corporation to redeem any
of such shares at the price fixed by the articles of incorporation for the redemption thereof.
(b) Entitling the holders thereof to cumulative, noncumulative or partially cumulative dividends.
(c) Having preference over any other members or class
or classes of shares as to the payment of dividends.
(d) Having preference in the assets of the corporation
over any other members or class or classes of shares upon the
voluntary or involuntary liquidation of the corporation.
(3) The consideration for the issuance of shares may be
paid in whole or in part, in money, in other property, tangible
or intangible, or in labor or services actually performed for
the corporation. When payment of the consideration for
which shares are to be issued shall have been received by the
corporation, such shares shall be deemed to be fully paid and
nonassessable.
Neither promissory notes nor future services shall constitute payment or part payment, for shares of a corporation.
In the absence of fraud in the transaction, the judgment
of the board of directors or the shareholders, as the case may
be, as to the value of the consideration received for shares
shall be conclusive.
(4) A subscription for shares of a corporation to be organized shall be in writing and be irrevocable for a period of six
months, unless otherwise provided by the terms of the subscription agreement or unless all of the subscribers consent to
the revocation of such subscription.
Unless otherwise provided in the subscription agreement, subscriptions for shares, whether made before or after
the organization of a corporation, shall be paid in full at such
time, or in such installments and at such times, as shall be
determined by the board of directors. Any call made by the
board of directors for payment on subscriptions shall be uniform as to all shares of the same class or as to all shares of the
same series, as the case may be. In case of default in the payment of any installment or call when such payment is due, the
corporation may proceed to collect the amount due in the
same manner as any debt due the corporation. The bylaws
may prescribe other penalties for failure to pay installments
or calls that may become due, but no penalty working a forfeiture of a subscription, or of the amounts paid thereon, shall
be declared as against any subscriber unless the amount due
thereon shall remain unpaid for a period of twenty days after
written demand has been made therefor. If mailed, such written demand shall be deemed to be made when deposited in
the United States mail in a sealed envelope addressed to the
subscriber at his last post office address known to the corporation, with postage thereon prepaid. In the event of the sale
[Title 24 RCW—page 35]
24.06.075
Title 24 RCW: Corporations and Associations (Nonprofit)
of any shares by reason of any forfeiture, the excess of proceeds realized over the amount due and unpaid on such shares
shall be paid to the delinquent subscriber or to his legal representative. [1969 ex.s. c 120 § 14.]
24.06.075
24.06.075 Shares—Consideration, fixing. (1) Shares
having a par value may be issued for such consideration
expressed in dollars, not less than the par value thereof, as
shall be fixed from time to time by the board of directors.
(2) Shares without par value shall be issued for such consideration expressed in dollars as may be fixed from time to
time by the board of directors. [1969 ex.s. c 120 § 15.]
knowledge or notice that the full consideration therefor has
not been paid shall not be personally liable to the corporation
or its creditors for any unpaid portion of such consideration.
An executor, administrator, conservator, guardian,
trustee, assignee for the benefit of creditors, or receiver shall
not be personally liable to the corporation as a holder of or
subscriber to shares of a corporation but the estate and funds
in his hands shall be so liable.
No pledgee or other holder of shares as collateral security shall be personally liable as a shareholder. [1969 ex.s. c
120 § 17.]
24.06.090
24.06.080
24.06.080 Shares—Certificates. The shares of a corporation shall be represented by certificates signed by the
president or vice president and the secretary or an assistant
secretary of the corporation, and may be sealed with the seal
of the corporation or a facsimile thereof. The signatures of
the president or vice president and the secretary or assistant
secretary upon a certificate may be facsimiles if the certificate is countersigned by a transfer agent, or registered by a
registrar, other than the corporation itself or an employee of
the corporation. In case any officer who has signed or whose
facsimile signature has been placed upon such certificate
shall have ceased to be such officer before such certificate is
issued, it may be issued by the corporation with the same
effect as if he were such officer at the date of its issue.
Every certificate representing shares issued by a corporation which is authorized to issue shares of more than one
class shall set forth upon the face or back of the certificate, or
shall state that the corporation will furnish to any shareholder
upon request and without charge, a full statement of the designations, preferences, limitations, and relative rights of the
shares of each class authorized to be issued and, if the corporation is authorized to issue any preferred or special class in
series, the variations in the relative rights and preferences
between the shares of each such series so far as the same have
been fixed and determined and the authority of the board of
directors to fix and determine the relative rights and preferences of subsequent series.
Each certificate representing shares shall state upon the
face thereof:
(1) That the corporation is organized under the laws of
this state.
(2) The name of the person to whom issued.
(3) The number and class of shares, and the designation
of the series, if any, which such certificate represents.
(4) The par value of each share represented by such certificate, or a statement that the shares are without par value.
No certificate shall be issued for any share until such
share is fully paid. [1969 ex.s. c 120 § 16.]
24.06.085
24.06.085 Liability of shareholders, subscribers,
assignees, executors, trustees, etc. A holder of or subscriber
to shares of a corporation shall be under no obligation to the
corporation or its creditors with respect to such shares other
than the obligation to pay to the corporation the full consideration for which such shares were issued or to be issued.
Any person becoming an assignee or transferee of shares
or of a subscription for shares in good faith and without
[Title 24 RCW—page 36]
24.06.090 Preemptive share acquisition rights. The
preemptive right of a shareholder to acquire unissued shares
of a corporation may be limited or denied to the extent provided in the articles of incorporation. [1969 ex.s. c 120 § 18.]
24.06.095
24.06.095 Bylaws. The initial bylaws of a corporation
shall be adopted by its board of directors. The power to alter,
amend or repeal the bylaws or adopt new bylaws shall be
vested in the board of directors unless otherwise provided in
the articles of incorporation or the bylaws. The bylaws may
contain any provisions for the regulation and management of
the affairs of a corporation not inconsistent with law or the
articles of incorporation: PROVIDED, That where the
bylaws of an existing corporation prohibit voting by mail, by
electronic transmission, or by proxy or attorney-in-fact, and
the quorum required by its bylaws for election of directors or
transaction of other business has not been obtained at a shareholders' or members' meeting, for a period which includes at
least two consecutive annual meeting dates, the board of
directors shall have power to amend such bylaws to thereafter
authorize voting by mail, by electronic transmission, or by
proxy or attorney-in-fact. [2000 c 167 § 2; 1970 ex.s. c 78 §
1; 1969 ex.s. c 120 § 19.]
24.06.100
24.06.100 Meetings of members and shareholders.
Meetings of members and/or shareholders may be held at
such place, either within or without this state, as may be provided in the bylaws. In the absence of any such provision, all
meetings shall be held at the registered office of the corporation in this state.
An annual meeting of the members and shareholders
shall be held at such time as may be provided in the bylaws.
Failure to hold the annual meeting at the designated time
shall not work a forfeiture or dissolution of the corporation.
Special meetings of the members or shareholders may be
called by the president or by the board of directors. Special
meetings of the members or shareholders may also be called
by such other officers or persons or number or proportion of
members or shareholders as may be provided in the articles of
incorporation or the bylaws. In the absence of a provision fixing the number or proportion of members or shareholders
entitled to call a meeting, a special meeting of members or
shareholders may be called by persons having one-twentieth
of the votes entitled to be cast at such meeting. Only business
within the purpose or purposes described in the meeting
notice required by RCW 24.06.105 may be conducted at a
special meeting.
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
If the articles of incorporation or bylaws so provide,
members or shareholders may participate in any meeting of
members or shareholders by any means of communication by
which all persons participating in the meeting can hear each
other during the meeting. A member or shareholder participating in a meeting by this means is deemed to be present in
person at the meeting. [2001 c 271 § 5; 1969 ex.s. c 120 §
20.]
24.06.105
24.06.105 Notice of meetings. Written or printed notice
or, if specifically permitted by the articles of incorporation or
bylaws of the corporation, notice given by electronic transmission, stating the place, day and hour of the meeting and, in
case of a special meeting, the purpose or purposes for which
the meeting is called, shall be delivered not less than ten nor
more than fifty days before the date of the meeting, either
personally or by mail or electronic transmission, by or at the
direction of the president, or the secretary, or the officers or
persons calling the meeting, to each member or shareholder
entitled to vote at such meeting. If provided in the articles of
incorporation, notice of regular meetings other than annual
may be made by providing each member with the adopted
schedule of regular meetings for the ensuing year at any time
after the annual meeting and ten days prior to a regular meeting and at any time when requested by a member or by such
other notice as may be prescribed by the bylaws. If mailed,
such notice shall be deemed to be delivered when deposited
in the United States mail, addressed to the member or shareholder at his or her address as it appears on the records of the
corporation, with postage thereon prepaid. If sent by electronic transmission, the notice is deemed to be delivered
when sent, addressed to the member or shareholder at his or
her electronic transmission address as it appears on the
records of the corporation. [2000 c 167 § 3; 1969 ex.s. c 120
§ 21.]
24.06.115
signature to be affixed to the writing by any reasonable
means including, but not limited to, facsimile signature; or
(2) Authorizing another person or persons to act for the
member or shareholder as proxy by transmitting or authorizing the transmission of an electronic transmission to the person who will be the holder of the proxy, or to a proxy solicitation firm, proxy support service organization, or like agent
duly authorized by the person who will be the holder of the
proxy to receive the transmission. If it is determined that the
electronic transmissions are valid, the inspector of election
or, if there are no inspectors, any other officer or agent of the
corporation making that determination on behalf of the corporation shall specify the information upon which they relied.
The corporation shall require the holders of proxies received
by electronic transmission to provide to the corporation copies of the electronic transmission and the corporation shall
retain copies of the electronic transmission for a reasonable
period of time.
If specifically permitted by the articles of incorporation
or bylaws, whenever proposals or directors or officers are to
be voted upon, such vote may be taken by mail or by electronic transmission if the name of each candidate and the text
of each proposal to be so voted upon are set forth in a writing
accompanying or contained in the notice of meeting. Persons
voting by mail or by electronic transmission shall be deemed
present for all purposes of quorum, count of votes and percentages of total voting power voting.
The articles of incorporation or the bylaws may provide
that in all elections for directors every person entitled to vote
shall have the right to cumulate his or her vote and to give one
candidate a number of votes equal to his or her vote multiplied by the number of directors to be elected, or by distributing such votes on the same principle among any number of
such candidates. [2001 c 271 § 6; 2000 c 167 § 4; 1969 ex.s.
c 120 § 22.]
24.06.115
24.06.110
24.06.110 Voting. The right of a class or classes of
members or shareholders to vote may be limited, enlarged or
denied to the extent specified in the articles of incorporation.
Unless so limited, enlarged or denied, each member and each
outstanding share of each class shall be entitled to one vote
on each matter submitted to a vote of members or shareholders. No member of a class may acquire any interest which
will entitle him or her to a greater vote than any other member
of the same class.
A member or shareholder may vote in person or, unless
the articles of incorporation or the bylaws otherwise provide,
may vote by mail, by electronic transmission, or by proxy
executed in writing by the member or shareholder or by his or
her duly authorized attorney-in-fact: PROVIDED, That no
proxy shall be valid for more than eleven months from the
date of its execution unless otherwise specified in the proxy.
If a member or shareholder may vote by proxy, the proxy
may be given by:
(1) Executing a writing authorizing another person or
persons to act for the member or shareholder as proxy. Execution may be accomplished by the member or shareholder or
the member's or shareholder's authorized officer, director,
employee, or agent signing the writing or causing his or her
(2004 Ed.)
24.06.115 Quorum. The articles of incorporation or the
bylaws may provide the number or percentage of votes which
members or shareholders are entitled to cast in person, by
mail, by electronic transmission, or by proxy, which shall
constitute a quorum at meetings of shareholders or members.
However, in no event shall a quorum be less than one-fourth,
or in the case of consumer cooperatives, five percent, of the
votes which members or shareholders are entitled to cast in
person, by mail, by electronic transmission, or by proxy, at a
meeting considering the adoption of a proposal which is
required by the provisions of this chapter to be adopted by at
least two-thirds of the votes which members or shareholders
present at the meeting in person or by mail, by electronic
transmission, or represented by proxy are entitled to cast. In
all other matters and in the absence of any provision in the
articles of incorporation or bylaws, a quorum shall consist of
one-fourth, or in the case of consumer cooperatives, five percent, of the votes which members or shareholders are entitled
to cast in person, by mail, by electronic transmission, or by
proxy at the meeting. On any proposal on which a class of
shareholders or members is entitled to vote as a class, a quorum of the class entitled to vote as such class must also be
present in person, by mail, by electronic transmission, or represented by proxy. [2001 c 271 § 7; 2000 c 167 § 5; 1969
ex.s. c 120 § 23.]
[Title 24 RCW—page 37]
24.06.120
Title 24 RCW: Corporations and Associations (Nonprofit)
24.06.120
24.06.120 Class voting. A class of members or shareholders shall be entitled to vote as a class upon any proposition, whether or not entitled to vote thereon by the provisions
of the articles of incorporation, if the proposition would
increase or decrease the rights, qualifications, limitations,
responsibilities or preferences of the class as related to any
other class. [1969 ex.s. c 120 § 24.]
24.06.125
24.06.125 Board of directors. The affairs of the corporation shall be managed by a board of directors. Directors
need not be residents of this state or members or shareholders
of the corporation unless the articles of incorporation or the
bylaws so require. The articles of incorporation or the bylaws
may prescribe other qualifications for directors. [1969 ex.s. c
120 § 25.]
24.06.130
24.06.130 Number and election of directors. The
number of directors of a corporation shall be not less than
three and shall be fixed by the bylaws: PROVIDED, That the
number of the first board of directors shall be fixed by the
articles of incorporation. The number of directors may be
increased or decreased from time to time by amendment to
the bylaws, unless the articles of incorporation provide that a
change in the number of directors shall be made only by
amendment of the articles of incorporation. No decrease in
number shall have the effect of shortening the term of any
incumbent director. In the absence of a bylaw fixing the number of directors, the number shall be the same as that stated in
the articles of incorporation.
The directors constituting the first board of directors
shall be named in the articles of incorporation and shall hold
office until the first annual election of directors or for such
other period as may be specified in the articles of incorporation or the bylaws. Thereafter, directors shall be elected or
appointed in the manner and for the terms provided in the
articles of incorporation or the bylaws. In the absence of a
provision fixing the term of office, the term of office of a
director shall be one year.
Directors may be divided into classes and the terms of
office of the several classes need not be uniform. Each director shall hold office for the term for which he is elected or
appointed and until his successor shall have been elected or
appointed and qualified.
A director may be removed from office pursuant to any
procedure therefor provided in the articles of incorporation.
[1969 ex.s. c 120 § 26.]
24.06.135
24.06.135 Vacancies. Any vacancy occurring in the
board of directors and any directorship to be filled by reason
of an increase in the number of directors may be filled by the
board of directors unless the articles of incorporation or the
bylaws provide that a vacancy or directorship so created shall
be filled in some other manner. A director elected or
appointed, as the case may be, to fill a vacancy, shall be
elected or appointed for the unexpired term of his predecessor
in office. [1969 ex.s. c 120 § 27.]
24.06.140
24.06.140 Quorum of directors. A majority of the
number of directors fixed by the bylaws, or in the absence of
a bylaw fixing the number of directors, then of the number
[Title 24 RCW—page 38]
stated in the articles of incorporation, shall constitute a quorum for the transaction of business, unless otherwise provided in the articles of incorporation or the bylaws: PROVIDED, That a quorum shall never consist of less than onethird of the number of directors so fixed or stated. The act of
the majority of the directors present at a meeting at which a
quorum is present shall be the act of the board of directors,
unless the act of a greater number is required by this chapter,
the articles of incorporation, or the bylaws. [1969 ex.s. c 120
§ 28.]
24.06.145
24.06.145 Committees. If the articles of incorporation
or the bylaws so provide, the board of directors, by resolution
adopted by a majority of the directors in office, may designate and appoint one or more committees each of which shall
consist of two or more directors, which committees, to the
extent provided in such resolution, in the articles of incorporation, or in the bylaws of the corporation, shall have and
exercise the authority of the board of directors in the management of the corporation: PROVIDED, That no such committee shall have the authority of the board of directors in reference to:
(1) Amending, altering or repealing the bylaws;
(2) Electing, appointing, or removing any member of any
such committee or any director or officer of the corporation;
(3) Amending the articles of incorporation;
(4) Adopting a plan of merger or a plan of consolidation
with another corporation;
(5) Authorizing the sale, lease, exchange, or mortgage,
of all or substantially all of the property and assets of the corporation;
(6) Authorizing the voluntary dissolution of the corporation or revoking proceedings therefor; or
(7) Amending, altering or repealing any resolution of the
board of directors which by its terms provides that it shall not
be amended, altered or repealed by such committee.
The designation and appointment of any such committee
and the delegation thereto of authority shall not operate to
relieve the board of directors, or any individual director of
any responsibility imposed upon it or him by law. [1969 ex.s.
c 120 § 29.]
24.06.150
24.06.150 Directors' meetings. Meetings of the board
of directors, regular or special, may be held either within or
without this state, and upon such notice as the bylaws may
prescribe. Attendance of a director at any meeting shall constitute a waiver of notice of such meeting except where a
director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is
not lawfully called or convened. Neither the business to be
transacted at, nor the purpose of, any regular or special meeting of the board of directors need be specified in the notice or
waiver of notice of such meeting.
Unless the articles of incorporation or bylaws provide
otherwise, any or all directors may participate in a regular or
special meeting by, or conduct the meeting through the use
of, any means of communication by which all directors participating can hear each other during the meeting. A director
participating in a meeting by this means is deemed to be
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
present in person at the meeting. [2001 c 271 § 8; 1969 ex.s.
c 120 § 30.]
24.06.153
24.06.153 Duties of director or officer—Standards—
Liability. (1) A director shall discharge the duties of a director, including duties as a member of a committee, and an
officer with discretionary authority shall discharge the
officer's duties under that authority:
(a) In good faith;
(b) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(c) In a manner the director or officer reasonably
believes to be in the best interests of the corporation.
(2) In discharging the duties of a director or an officer, a
director or officer is entitled to rely on information, opinions,
reports, or statements, including financial statements and
other financial data, if prepared or presented by:
(a) One or more officers or employees of the corporation
whom the director or officer reasonably believes to be reliable and competent in the matters presented; or
(b) Legal counsel, public accountants, or other persons
as to matters the director or officer reasonably believes are
within the person's professional or expert competence.
In addition, a director is entitled to rely on a committee
of the board of directors of which the director is not a member
if the director reasonably believes the committee merits confidence.
(3) A director or an officer is not acting in good faith if
the director or officer has knowledge concerning the matter in
question that makes reliance otherwise permitted by subsection (2) of this section unwarranted.
(4) A director or officer is not liable for any action taken
as a director or as an officer, or any failure to take any action,
if the director or officer performed the duties of the director's
or officer's office in compliance with this section. [2001 c
271 § 9.]
24.06.180
tered office or principal office in this state a record of the
names and addresses of its members and shareholders entitled to vote. All books and records of a corporation may be
inspected by any member or shareholder, or his agent or
attorney, for any proper purpose at any reasonable time.
[1969 ex.s. c 120 § 32.]
24.06.165
24.06.165 Loans to directors or officers. No loans
exceeding or more favorable than those which are customarily made to members or shareholders shall be made by a corporation to its directors or officers. The directors of a corporation who vote for or assent to the making of a loan in violation of this section to a director or officer of the corporation,
and any officer or officers participating in the making of such
loan, shall be jointly and severally liable to the corporation
for the amount of such loan until the repayment thereof.
[1969 ex.s. c 120 § 33.]
24.06.170
24.06.170 Filing of articles of incorporation. Duplicate originals of the articles of incorporation shall be delivered to the secretary of state. If the secretary of state finds that
the articles of incorporation conform to law, he or she shall,
when all fees have been paid as in this chapter prescribed:
(1) Endorse on each of such originals the word "filed"
and the effective date of the filing thereof.
(2) File one of such originals in his or her office.
(3) Issue a certificate of incorporation to which he or she
shall affix one of such originals.
The certificate of incorporation together with the original of the articles of incorporation affixed thereto by the secretary of state shall be returned to the incorporators or their
representatives and shall be retained by the corporation.
[1982 c 35 § 128; 1981 c 302 § 5; 1969 ex.s. c 120 § 34.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.155
24.06.155 Officers. The officers of a corporation shall
consist of a president, one or more vice presidents, a secretary, a treasurer and such other officers and assistant officers
as may be deemed necessary, each of whom shall be elected
or appointed at such time and in such manner and for such
terms not exceeding three years as may be prescribed in the
articles of incorporation or the bylaws. In the absence of any
such provision, all officers shall be elected or appointed
annually by the board of directors. If the bylaws so provide,
any two or more offices may be held by the same person,
except the offices of president and secretary.
The articles of incorporation or the bylaws may provide
that any one or more officers of the corporation shall be ex
officio members of the board of directors.
The officers of a corporation may be designated by such
additional titles as may be provided in the articles of incorporation or the bylaws. [1969 ex.s. c 120 § 31.]
24.06.160
24.06.160 Books and records. Each corporation shall
keep correct and complete books and records of account and
shall keep minutes of the proceedings of its members, shareholders, board of directors, and committees having any of the
authority of the board of directors; and shall keep at its regis(2004 Ed.)
24.06.175
24.06.175 Effect of filing of articles of incorporation.
Upon the filing of the articles of incorporation, the corporate
existence shall begin, and the certificate of incorporation
shall, except as against the state in a proceeding to cancel or
revoke the certificate of incorporation, be conclusive evidence that all conditions precedent required to be performed
by the incorporators have been complied with and that the
corporation has been incorporated under this chapter. [1982
c 35 § 129; 1969 ex.s. c 120 § 35.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.180
24.06.180 Organization meeting. After the issuance of
the certificate of incorporation an organization meeting of the
board of directors named in the articles of incorporation shall
be held, either within or without this state, at the call of a
majority of the incorporators, for the purpose of adopting
bylaws, electing officers and the transaction of such other
business as may come before the meeting. The incorporators
calling the meeting shall give at least three days' notice
thereof by mail to each director so named, which notice shall
state the time and place of the meeting.
[Title 24 RCW—page 39]
24.06.185
Title 24 RCW: Corporations and Associations (Nonprofit)
A first meeting of the members and shareholders may be
held at the call of the directors, or a majority of them, upon at
least three days' notice, for such purposes as shall be stated in
the notice of the meeting. [1969 ex.s. c 120 § 36.]
24.06.185
24.06.185 Right to amend articles of incorporation.
A corporation may amend its articles of incorporation from
time to time in any and as many respects as may be desired,
so long as its articles of incorporation as amended contain
only such provisions as are lawful under this chapter. A
member or shareholder of a corporation does not have a
vested property right resulting from any provision in the articles of incorporation. [2001 c 271 § 10; 1969 ex.s. c 120 §
37.]
24.06.190
24.06.190 Procedure to amend articles of incorporation. Amendments to the articles of incorporation shall be
made in the following manner:
A corporation's board of directors may amend the articles of incorporation to change the name of the corporation,
without seeking member or shareholder approval. With
respect to amendments other than to change the name of the
corporation, the board of directors shall adopt a resolution
setting forth the proposed amendment and directing that it be
submitted to a vote at a meeting of members and shareholders, which may be either an annual or a special meeting. Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice by
electronic transmission, setting forth the proposed amendment or a summary of the changes to be effected thereby shall
be given to each member and shareholder entitled to vote at
such meeting within the time and in the manner provided in
this chapter for the giving of notice of meetings of members
and shareholders. The proposed amendment shall be adopted
upon receiving at least two-thirds of the votes which members or shareholders present in person or by mail or by electronic transmission at such meeting or represented by proxy
are entitled to cast: PROVIDED, That when any class of
shares or members is entitled to vote thereon by class, the
proposed amendment must receive at least two-thirds of the
votes of the members or shareholders of each class entitled to
vote thereon as a class, who are present in person, by mail, by
electronic transmission, or represented by proxy at such
meeting.
Any number of amendments may be submitted and voted
upon at any one meeting. [2001 c 271 § 11; 2000 c 167 § 6;
1969 ex.s. c 120 § 38.]
such meeting, and that such amendment received at least twothirds of the votes which members or shareholders of the corporation, and of each class entitled to vote thereon as a class,
present at such meeting in person, by mail, by electronic
transmission, or represented by proxy were entitled to cast, or
a statement that such amendment was adopted by a consent in
writing signed by all members and shareholders entitled to
vote with respect thereto. [2001 c 271 § 12; 2000 c 167 § 7;
1982 c 35 § 130; 1981 c 302 § 6; 1969 ex.s. c 120 § 39.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.200 Filing of articles of amendment—Procedure. Duplicate originals of the articles of amendment shall
be delivered to the secretary of state. If the secretary of state
finds that the articles of amendment conform to law, he or she
shall, when all fees have been paid as prescribed in this chapter:
(1) Endorse on each of such originals the word "filed",
and the effective date of the filing thereof.
(2) File one of such originals in his or her office.
(3) Issue a certificate of amendment to which he or she
shall affix one of such originals.
The certificate of amendment, together with the other
duplicate original of the articles of amendment affixed
thereto by the secretary of state shall be returned to the corporation or its representative and shall be retained by the corporation. [1982 c 35 § 131; 1981 c 302 § 7; 1969 ex.s. c 120 §
40.]
24.06.200
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.205 When amendment becomes effective—
Existing actions and rights not affected. Upon the filing of
the articles of amendment by the secretary of state, the
amendment shall become effective and the articles of incorporation shall be deemed to be amended accordingly.
No amendment shall affect any existing cause of action
in favor of or against such corporation, nor any pending
action to which such corporation shall be a party, nor the
existing rights of persons other than members; and, in the
event the corporate name shall be changed by amendment, no
action brought by or against such corporation under its
former name shall abate for that reason. [1982 c 35 § 132;
1969 ex.s. c 120 § 41.]
24.06.205
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.195
24.06.195 Articles of amendment. The articles of
amendment shall be executed in duplicate originals by the
corporation by an officer of the corporation, and shall set
forth:
(1) The name of the corporation.
(2) Any amendment so adopted.
(3) If an amendment was adopted by the board of directors without being submitted for member or shareholder
action, a statement to that effect and that member or shareholder action was not required; or a statement setting forth
the date of the meeting of members and shareholders at which
the amendment was adopted, that a quorum was present at
[Title 24 RCW—page 40]
24.06.207 Restated articles of incorporation. A
domestic corporation may at any time restate its articles of
incorporation as theretofore amended, by a resolution
adopted by the board of directors.
Upon the adoption of the resolution, restated articles of
incorporation shall be executed in duplicate by the corporation by one of its officers and shall set forth all of the operative provisions of the articles of incorporation as theretofore
amended together with a statement that the restated articles of
incorporation correctly set forth without change the corresponding provisions of the articles of incorporation as there24.06.207
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
tofore amended and that the restated articles of incorporation
supersede the original articles of incorporation and all
amendments thereto.
Duplicate originals of the restated articles of incorporation shall be delivered to the secretary of state. If the secretary
of state finds that the restated articles of incorporation conform to law, the secretary of state shall, when all fees
required by this title have been paid:
(1) Endorse on each duplicate original the word "Filed"
and the effective date of the filing thereof;
(2) File one duplicate original; and
(3) Issue a restated certificate of incorporation, to which
the other duplicate original shall be affixed.
The restated certificate of incorporation, together with
the duplicate original of the restated articles of incorporation
affixed thereto by the secretary of state, shall be returned to
the corporation or its representative.
Upon the filing of the restated articles of incorporation
by the secretary of state, the restated articles of incorporation
shall become effective and shall supersede the original articles of incorporation and all amendments thereto. [1982 c 35
§ 133.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.210 Procedure for merger. Any two or more
domestic corporations may merge into one of such corporations pursuant to a plan of merger approved in the manner
provided in this chapter.
Each corporation shall adopt a plan of merger setting
forth:
(1) The names of the corporations proposing to merge,
and the name of the corporation into which they propose to
merge, which is hereinafter designated as the surviving corporation.
(2) The terms and conditions of the proposed merger.
(3) A statement of any changes in the articles of incorporation of the surviving corporation to be effected by such
merger.
(4) Such other provisions with respect to the proposed
merger as are deemed necessary or desirable. [1969 ex.s. c
120 § 42.]
24.06.210
24.06.215 Procedure for consolidation. Any two or
more domestic corporations may consolidate into a new corporation pursuant to a plan of consolidation approved in the
manner provided in this chapter.
Each corporation shall adopt a plan of consolidation setting forth:
(1) The names of the corporations proposing to consolidate, and the name of the new corporation into which they
propose to consolidate, which is hereinafter designated as the
new corporation.
(2) The terms and conditions of the proposed consolidation.
(3) With respect to the new corporation, all of the statements required to be set forth in articles of incorporation for
corporations organized under this chapter.
(4) Such other provisions with respect to the proposed
consolidation as are deemed necessary or desirable. [1969
ex.s. c 120 § 43.]
24.06.215
(2004 Ed.)
24.06.225
24.06.220
24.06.220 Approval of merger or consolidation. A
plan of merger or consolidation shall be adopted in the following manner:
The board of directors of such corporation shall adopt a
resolution approving the proposed plan and directing that it
be submitted to a vote at a meeting of members or shareholders which may be either an annual or a special meeting. Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice by
electronic transmission, setting forth the proposed plan or a
summary thereof shall be given to each member and shareholder within the time and in the manner provided in this
chapter for the giving of notice of meetings of members and
shareholders. The proposed plan shall be adopted upon
receiving at least two-thirds of the votes which members and
shareholders present in person or by mail or by electronic
transmission at each such meeting or represented by proxy
are entitled to cast: PROVIDED, That when any class of
shares or members is entitled to vote thereon as a class, the
proposed amendment must receive at least two-thirds of the
votes of the members or shareholders of each class entitled to
vote thereon as a class, who are present in person, by mail, by
electronic transmission, or represented by proxy at such
meeting.
After such approval, and at any time prior to the filing of
the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if
any, set forth in the plan of merger or consolidation. [2000 c
167 § 8; 1969 ex.s. c 120 § 44.]
24.06.225
24.06.225 Articles of merger or consolidation. (1)
Upon approval, articles of merger or articles of consolidation
shall be executed in duplicate originals by each corporation,
by an officer of each corporation, and shall set forth:
(a) The plan of merger or the plan of consolidation;
(b) A statement setting forth the date of the meeting of
members or shareholders at which the plan was adopted, that
a quorum was present at such meeting, and that such plan
received at least two-thirds of the votes which members and
shareholders of the corporation and of each class entitled to
vote thereon as a class, present at such meeting in person or
by mail or by electronic transmission or represented by proxy
were entitled to cast, or a statement that such amendment was
adopted by a consent in writing signed by all members;
(2) Duplicate originals of the articles of merger or articles of consolidation shall be delivered to the secretary of
state. If the secretary of state finds that such articles conform
to law, he or she shall, when all fees have been paid as prescribed in this chapter:
(a) Endorse on each of such originals the word "filed",
and the effective date of the filing thereof;
(b) File one of such originals in his or her office;
(c) Issue a certificate of merger or a certificate of consolidation to which he or she shall affix one of such originals.
The certificate of merger or certificate of consolidation,
together with the original of the articles of merger or articles
of consolidation affixed thereto by the secretary of state shall
be returned to the surviving or new corporation, as the case
may be, or its representative, and shall be retained by the corporation. [2000 c 167 § 9; 1982 c 35 § 134; 1981 c 302 § 8;
1969 ex.s. c 120 § 45.]
[Title 24 RCW—page 41]
24.06.230
Title 24 RCW: Corporations and Associations (Nonprofit)
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.230 Merger or consolidation—When effected.
Upon the filing of articles of merger, or the articles of consolidation by the secretary of state, the merger or consolidation
shall be effected. [1982 c 35 § 135; 1969 ex.s. c 120 § 46.]
each corporation signing the notice. If the secretary of state
finds the notice conforms to law, the secretary of state shall:
(a) Endorse on each of the originals the word "Filed" and
the effective date of the filing thereof;
(b) File one of the triplicate originals in the secretary of
state's office; and
(c) Issue the other triplicate originals to the respective
parties or their representatives. [1982 c 35 § 136.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.230
24.06.233
24.06.233 Merger or consolidation of domestic and
foreign corporation—Participation in an exchange. One
or more foreign corporations and one or more domestic corporations may be merged or consolidated or participate in an
exchange in the following manner, if such merger, consolidation, or exchange is permitted by the laws of the state under
which each such foreign corporation is organized:
(1) Each domestic corporation shall comply with the provisions of this title with respect to the merger, consolidation,
or exchange, as the case may be, of domestic corporations
and each foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized.
(2) If the surviving or new corporation in a merger or
consolidation is to be governed by the laws of any state other
than this state, it shall comply with the provisions of this title
with respect to foreign corporations if it is to transact business in this state, and in every case it shall file with the secretary of state of this state:
(a) An agreement that it may be served with process in
this state in any proceeding for the enforcement of any obligation of any domestic corporation which is a party to such
merger or consolidation and in any proceeding for the
enforcement of the rights, if any, of a dissenting shareholder
of any such domestic corporation against the surviving or
new corporation;
(b) An irrevocable appointment of the secretary of state
of this state as its agent to accept service of process in any
such proceeding; and
(c) An agreement that it will promptly pay to the dissenting shareholders of any such domestic corporation the
amount, if any, to which they shall be entitled under the provisions of this title with respect to the rights of dissenting
shareholders.
The effect of such merger or consolidation shall be the
same as in the case of the merger or consolidation of domestic corporations, if the surviving or new corporation is to be
governed by the laws of this state. If the surviving or new corporation is to be governed by the laws of any state other than
this state, the effect of such merger or consolidation shall be
the same as in the case of the merger or consolidation of
domestic corporations except insofar as the laws of such
other state provide otherwise.
(3) At any time prior to the effective date of the articles
of merger, consolidation, or exchange, the merger, consolidation, or exchange, may be abandoned pursuant to provision
therefor, if any, set forth in the plan of merger, consolidation
or exchange. In the event the merger, consolidation, or
exchange is abandoned, the parties thereto shall execute a
notice of abandonment in triplicate signed by an officer for
[Title 24 RCW—page 42]
24.06.235 Effect of merger or consolidation. When
such merger or consolidation has been effected:
(1) The several corporations party to the plan of merger
or consolidation shall be a single corporation, which, in the
case of a merger, shall be that corporation designated in the
plan of merger as the surviving corporation, and, in the case
of a consolidation, shall be the new corporation provided for
in the plan of consolidation.
(2) The separate existence of all corporations party to the
plan of merger or consolidation, except the surviving or new
corporation, shall cease.
(3) The surviving or new corporation shall have all the
rights, privileges, immunities and powers, and shall be subject to all the duties and liabilities of a corporation organized
under this chapter.
(4) The surviving or new corporation shall thereupon and
thereafter possess all the rights, privileges, immunities, and
franchises, whether of a public or a private nature, of each of
the merging or consolidating corporations; all property, real,
personal and mixed, and all debts due on whatever account,
and all other choses in action, and all and every other interest,
of or belonging to or due to each of the corporations so
merged or consolidated, shall be taken and deemed to be
transferred to and vested in such single corporation without
further act or deed; and no title to any real estate, or any interest therein, vested in any of such corporations shall not revert
nor be in any way impaired by reason of such merger or consolidation.
(5) The surviving or new corporation shall thenceforth
be responsible and liable for all the liabilities and obligations
of each of the corporations so merged or consolidated; and
any claim existing or action or proceeding pending by or
against any of such corporations may be prosecuted as if such
merger or consolidation had not taken place, or such surviving or new corporation may be substituted in its place. No
rights of creditors nor any liens upon the property of any such
corporation shall be impaired by such merger or consolidation.
(6) In the case of a merger, the articles of incorporation
of the surviving corporation shall be deemed to be amended
to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger; and, in the case of a consolidation, the statements set forth in the articles of consolidation and which are required or permitted to be set forth in
the articles of incorporation of corporations organized under
this chapter shall be deemed to be the articles of incorporation of the new corporation. [1969 ex.s. c 120 § 47.]
24.06.235
24.06.240 Sale, lease, exchange, etc., of property and
assets. A sale, lease, exchange, or other disposition of all or
24.06.240
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
substantially all of the property and assets of a corporation
may be made upon such terms and conditions and for such
consideration, which may consist in whole or in part of
money or property, real or personal, including shares of any
corporation for profit, domestic or foreign, as may be authorized in the following manner:
(1) The board of directors shall adopt a resolution recommending a sale, lease, exchange, or other disposition and
directing that it be submitted to a vote at a meeting of members or shareholders which may be either an annual or a special meeting.
(2) Written or printed notice or, if specifically permitted
by the articles of incorporation or bylaws of the corporation,
notice by electronic transmission, stating that the purpose or
one of the purposes of such meeting is to consider the sale,
lease, exchange, or other disposition of all or substantially all
of the property and assets of the corporation shall be given to
each member and shareholder within the time and in the manner provided by this chapter for the giving of notice of meetings of members and shareholders.
(3) At such meeting the members may authorize such
sale, lease, exchange, or other disposition and may fix, or
may authorize the board of directors to fix, any or all of the
terms and conditions thereof and the consideration to be
received by the corporation therefor.
(4) Such authorization shall require at least two-thirds of
the votes which members and shareholders present at such
meetings in person, by mail, by electronic transmission, or
represented by proxy are entitled to cast: PROVIDED, That
even after such authorization by a vote of members or shareholders, the board of directors may, in its discretion, without
further action or approval by members, abandon such sale,
lease, exchange, or other disposition of assets, subject only to
the rights of third parties under any contracts relating thereto.
[2000 c 167 § 10; 1969 ex.s. c 120 § 48.]
24.06.245
24.06.245 Right of member or shareholder to dissent.
Any member or shareholder of a corporation shall have the
right to dissent from any of the following corporate actions:
(1) Any plan of merger or consolidation to which the
corporation is a party other than a merger or consolidation in
which all members or shareholders of the corporation have
the right to continue their membership or shareholder status
in the surviving corporation on substantially similar terms; or
(2) Any sale or exchange of all or substantially all of the
property and assets of the corporation not made in the usual
and regular course of its business, including a sale in dissolution, but not including a sale pursuant to an order of a court
having jurisdiction in the premises or a sale for cash on terms
requiring that all or substantially all of the net proceeds of
sale be distributed to the shareholders in accordance with
their respective interests within one year after the date of sale;
or
(3) Any amendment to the articles of incorporation that
materially reduces the number of shares owned by a shareholder to a fraction of a share if the fractional share is to be
acquired by the corporation for cash; or
(4) Any corporate action taken pursuant to a member or
shareholder vote to the extent that the articles of incorporation, bylaws, or a resolution of the board of directors provides
(2004 Ed.)
24.06.250
that voting or nonvoting members or shareholders are entitled
to dissent and obtain payment for their membership or shares.
A member or shareholder entitled to dissent and obtain
payment for the member's or shareholder's membership interest or shares under this chapter may not challenge the corporate action creating the member's or shareholder's entitlement
unless the action fails to comply with the procedural requirements imposed by this title, the articles of incorporation, or
the bylaws, or is fraudulent with respect to the member or
shareholder or the corporation.
The provisions of this section shall not apply to the
members or shareholders of the surviving corporation in a
merger if such corporation is on the date of the filing of the
articles of merger the owner of all the outstanding shares of
the other corporations, domestic or foreign, which are parties
to the merger.
The meeting notice for any meeting at which a proposed
corporate action creating dissenters' rights is submitted to a
vote must state that members or shareholders are or may be
entitled to assert dissenters' rights and be accompanied by a
copy of RCW 24.06.250. [2001 c 271 § 13; 1969 ex.s. c 120
§ 49.]
24.06.250 Exercise of right of dissent—Rights and
liabilities. Any member or shareholder electing to exercise
such right of dissent shall file with the corporation, prior to or
at the meeting of members and shareholders at which such
proposed corporate action is submitted to a vote, a written
objection to such proposed corporate action. If such proposed
corporate action be approved by the required vote and such
member or shareholder shall not have voted in favor thereof,
such member or shareholder may, within ten days after the
date on which the vote was taken, make written demand on
the corporation, or, in the case of a merger or consolidation,
on the surviving or new corporation, domestic or foreign, for
payment of the fair value of such member's membership or of
such shareholder's shares, and, if such proposed corporate
action is effected, such corporation shall pay to such member,
upon surrender of his or her membership certificate, if any, or
to such shareholder, upon surrender of the certificate or certificates representing such shares, the fair value thereof as of
the day prior to the date on which the vote was taken approving the proposed corporate action, excluding any appreciation or depreciation in anticipation of such corporate action.
Any member or shareholder failing to make demand within
the ten day period shall be bound by the terms of the proposed
corporate action. Any member or shareholder making such
demand shall thereafter be entitled only to payment as in this
section provided and shall not be entitled to vote or to exercise any other rights of a member or shareholder.
No such demand shall be withdrawn unless the corporation shall consent thereto. The right of such member or shareholder to be paid the fair value of his or her membership or
shares shall cease and his or her status as a member or shareholder shall be restored, without prejudice to any corporate
proceedings which may have been taken during the interim,
if:
(1) Such demand shall be withdrawn upon consent; or
(2) The proposed corporate action shall be abandoned or
rescinded or the members or shareholders shall revoke the
authority to effect such action; or
24.06.250
[Title 24 RCW—page 43]
24.06.250
Title 24 RCW: Corporations and Associations (Nonprofit)
(3) In the case of a merger, on the date of the filing of the
articles of merger the surviving corporation is the owner of
all the outstanding shares of the other corporations, domestic
and foreign, that are parties to the merger; or
(4) A court of competent jurisdiction shall determine that
such member or shareholder is not entitled to the relief provided by this section.
Within ten days after such corporate action is effected,
the corporation, or, in the case of a merger or consolidation,
the surviving or new corporation, domestic or foreign, shall
give written notice thereof to each dissenting member or
shareholder who has made demand as herein provided, and
shall make a written offer to each such member or shareholder to pay for such shares or membership at a specified
price deemed by such corporation to be the fair value thereof.
Except in cases where the fair value payable to dissenters is
fixed in the articles of incorporation or pursuant to RCW
24.06.255, such notice and offer shall be accompanied by a
balance sheet of the corporation in which the member holds
his or her membership or the dissenting shareholder holds
shares, as of the latest available date and not more than
twelve months prior to the making of such offer, and a profit
and loss statement of such corporation for the twelve months'
period ended on the date of such balance sheet.
If the fair value payable to dissenting members or shareholders is fixed in the articles of incorporation or pursuant to
RCW 24.06.255, or if within thirty days after the date on
which such corporate action was effected the fair value of
such shares or membership is agreed upon between any such
dissenting member or shareholder and the corporation, payment therefor shall be made within ninety days after the date
on which such corporate action was effected, upon surrender
of the membership certificate, if any, or upon surrender of the
certificate or certificates representing such shares. Upon payment of the agreed value the dissenting member or shareholder shall cease to have any interest in such membership or
shares.
If the fair value payable to dissenting members or shareholders is not fixed in the articles of incorporation or pursuant
to RCW 24.06.025, and within such period of thirty days a
dissenting member or shareholder and the corporation do not
so agree, then the dissenting member or shareholder shall be
entitled to make written demand to the corporation, within
sixty days after the date on which such corporate action was
effected, requesting that the corporation petition for a determination of the fair value by a court. If such a demand is not
timely made on the corporation, the right of such member or
shareholder to demand to be paid the fair value of his or her
membership or shares shall be forfeited. Within thirty days
after receipt of such a written demand from any dissenting
member or shareholder, the corporation shall, or at its election at any time within ninety days after the date on which
such corporate action was effected may, file a petition in any
court of competent jurisdiction in the county in this state
where the registered office of the corporation is located praying that the fair value of such membership or shares be found
and determined. If, in the case of a merger or consolidation,
the surviving or new corporation is a foreign corporation
without a registered office in this state, such petition shall be
filed in the county where the registered office of the domestic
corporation was last located. If the corporation shall fail to
[Title 24 RCW—page 44]
institute the proceeding as herein provided, any dissenting
member or shareholder may do so in the name of the corporation. All dissenting members and shareholders, wherever
residing, shall be made parties to the proceeding as an action
against their memberships or shares quasi in rem. A copy of
the petition shall be served on each dissenting member and
shareholder who is a resident of this state and shall be served
by registered or certified mail on each dissenting member or
shareholder who is a nonresident. Service on nonresidents
shall also be made by publication as provided by law. The
jurisdiction of the court shall be plenary and exclusive. All
members and shareholders who are parties to the proceeding
shall be entitled to judgment against the corporation for the
amount of the fair value of their shares. The court may, if it so
elects, appoint one or more persons as appraisers to receive
evidence and recommend a decision on the question of fair
value. The appraisers shall have such power and authority as
shall be specified in the order of their appointment or an
amendment thereof. The judgment shall be payable only
upon and concurrently with the surrender to the corporation
of the membership certificate, if any, or of the certificate or
certificates representing such shares. Upon payment of the
judgment, the dissenting shareholder or member shall cease
to have any interest in such shares or membership.
The judgment shall include an allowance for interest at
such rate as the court may find to be fair and equitable in all
the circumstances, from the date on which the vote was taken
on the proposed corporate action to the date of payment.
The costs and expenses of any such proceeding shall be
determined by the court and shall be assessed against the corporation, but all or any part of such costs and expenses may
be apportioned and assessed as the court may deem equitable
against any or all of the dissenting members and shareholders
who are parties to the proceeding to whom the corporation
shall have made an offer to pay for membership or shares if
the court shall find that the action of such members or shareholders in failing to accept such offer was arbitrary or vexatious or not in good faith. Such expenses shall include reasonable compensation for and reasonable expenses of the
appraisers, but shall exclude the fees and expenses of counsel
for and experts employed by any party; but if the fair value of
the memberships or shares as determined materially exceeds
the amount which the corporation offered to pay therefor, or
if no offer was made, the court in its discretion may award to
any member or shareholder who is a party to the proceeding
such sum as the court may determine to be reasonable compensation to any expert or experts employed by the member
or shareholder in the proceeding.
Within twenty days after demanding payment for his or
her shares or membership, each member and shareholder
demanding payment shall submit the certificate or certificates
representing his or her membership or shares to the corporation for notation thereon that such demand has been made.
His or her failure to do so shall, at the option of the corporation, terminate his or her rights under this section unless a
court of competent jurisdiction, for good and sufficient cause
shown, shall otherwise direct. If membership or shares represented by a certificate on which notation has been so made
shall be transferred, each new certificate issued therefor shall
bear a similar notation, together with the name of the original
dissenting holder of such membership or shares, and a trans(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
feree of such membership or shares shall acquire by such
transfer no rights in the corporation other than those which
the original dissenting member or shareholder had after making demand for payment of the fair value thereof. [2001 c
271 § 14; 2000 c 167 § 11; 1969 ex.s. c 120 § 50.]
24.06.255
24.06.255 Payment of fair value to dissenting member or shareholder. Notwithstanding any provision in this
chapter for the payment of fair value to a dissenting member
or shareholder, (1) the articles of incorporation may provide
that a dissenting member or shareholder shall be limited to a
return of a lesser amount, but in no event shall a dissenting
member or shareholder be limited to a return of less than the
consideration paid to the corporation for the membership or
shares which he or she holds unless the fair value of the membership or shares is less than the consideration paid to the corporation, and (2) the fair value payable to a dissenting member of a consumer cooperative shall be a fixed amount equal
to the consideration paid to the corporation for the member's
current membership unless the articles of incorporation
expressly provide for a greater or lesser amount. [2001 c 271
§ 15; 1969 ex.s. c 120 § 51.]
24.06.260
24.06.260 Voluntary dissolution. A corporation may
dissolve and wind up its affairs in the following manner:
(1) The board of directors shall adopt a resolution recommending that the corporation be dissolved, and directing that
the question of such dissolution be submitted to a vote at a
meeting of members and shareholders which may be either
an annual or a special meeting.
(2) Written or printed notice or, if specifically permitted
by the articles of incorporation or bylaws of the corporation,
notice by electronic transmission, stating that the purpose or
one of the purposes of such meeting is to consider the advisability of dissolving the corporation shall be given to each
member and shareholder within the time and in the manner
provided in this chapter for the giving of notice of meetings
of members and shareholders.
(3) A resolution to dissolve the corporation shall be
adopted upon receiving at least two-thirds of the votes which
members and shareholders present in person or by mail or by
electronic transmission at such meeting or represented by
proxy are entitled to cast.
Upon the adoption of such resolution by the members
and shareholders, the corporation shall cease to conduct its
affairs and, except insofar as may be necessary for the winding up thereof, shall immediately cause a notice of the proposed dissolution to be mailed to each known creditor of the
corporation and to the department of revenue, and shall proceed to collect its assets and to apply and distribute them as
provided in RCW 24.06.265. [2000 c 167 § 12; 1982 c 35 §
137; 1969 ex.s. c 120 § 52.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.265
24.06.265 Distribution of assets. The assets of a corporation in the process of dissolution shall be applied and distributed as follows:
(2004 Ed.)
24.06.275
(1) All liabilities and obligations of the corporation shall
be paid, satisfied and discharged, or adequate provision made
therefor;
(2) Assets held by the corporation upon condition requiring return, transfer or conveyance, which condition occurs by
reason of the dissolution, shall be returned, transferred, or
conveyed in accordance with such requirements;
(3) Remaining assets, if any shall be distributed to the
members, shareholders or others in accordance with the provisions of the articles of incorporation. [1969 ex.s. c 120 §
53.]
24.06.270
24.06.270 Revocation of voluntary dissolution proceedings. A corporation may, at any time prior to the issuance of a certificate of dissolution by the secretary of state,
revoke the action theretofore taken to dissolve the corporation, in the following manner:
(1) The board of directors shall adopt a resolution recommending that the voluntary dissolution proceedings be
revoked, and directing that the question of such revocation be
submitted to a vote at a meeting of members or shareholders
which may be either an annual or a special meeting.
(2) Written or printed notice or, if specifically permitted
by the articles of incorporation or bylaws of the corporation,
notice by electronic transmission, stating that the purpose or
one of the purposes of the meeting is to consider the advisability of revoking the voluntary dissolution proceedings
shall be given to each member and shareholder within the
time and in the manner provided in this chapter for the giving
of notice of meetings of members or shareholders.
(3) A resolution to revoke voluntary dissolution proceedings shall be adopted upon receiving at least two-thirds of the
votes which members and shareholders present in person or
by mail or by electronic transmission at such meeting or represented by proxy are entitled to cast. [2000 c 167 § 13; 1969
ex.s. c 120 § 54.]
24.06.275
24.06.275 Articles of dissolution. If voluntary dissolution proceedings have not been revoked, then after all debts,
liabilities and obligations of the corporation shall have been
paid and discharged, or adequate provision shall have been
made therefor, and all of the remaining property and assets of
the corporation shall have been transferred, conveyed or distributed in accordance with the provisions of this chapter,
articles of dissolution shall be executed in duplicate by the
corporation, by an officer of the corporation; and such statement shall set forth:
(1) The name of the corporation.
(2) The date of the meeting of members or shareholders
at which the resolution to dissolve was adopted, certifying
that:
(a) A quorum was present at such meeting;
(b) Such resolution received at least two-thirds of the
votes which members and shareholders present in person or
by mail or by electronic transmission at such meeting or represented by proxy were entitled to cast or was adopted by a
consent in writing signed by all members and shareholders;
(c) All debts, obligations, and liabilities of the corporation have been paid and discharged or that adequate provision
has been made therefor;
[Title 24 RCW—page 45]
24.06.280
Title 24 RCW: Corporations and Associations (Nonprofit)
(d) All the remaining property and assets of the corporation have been transferred, conveyed or distributed in accordance with the provisions of this chapter;
(e) There are no suits pending against the corporation in
any court or, if any suits are pending against it, that adequate
provision has been made for the satisfaction of any judgment,
order or decree which may be entered; and
(f) A copy of a revenue clearance certificate issued pursuant to chapter 82.32 RCW. [2000 c 167 § 14; 1993 c 356 §
17; 1982 c 35 § 138; 1969 ex.s. c 120 § 55.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.280
24.06.280 Filing of articles of dissolution. Duplicate
originals of articles of dissolution shall be delivered to the
secretary of state. If the secretary of state finds that such articles of dissolution conform to law, he or she shall, when all
requirements have been met as prescribed in this chapter:
(1) Endorse on each of such originals the word "filed",
and the effective date of the filing thereof.
(2) File one of the originals in his or her office.
(3) Issue a certificate of dissolution which he or she shall
affix to one of such originals.
The certificate of dissolution, together with the original
of the articles of dissolution affixed thereto by the secretary
of state, shall be returned to the representative of the dissolved corporation and shall be retained with the corporation
minutes.
Upon the filing of the articles of dissolution, the corporate existence shall cease, except for the purpose of determining such suits, other proceedings and appropriate corporate
action by members, directors and officers as are authorized in
this chapter. [1982 c 35 § 139; 1981 c 302 § 9; 1969 ex.s. c
120 § 56.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.285
24.06.285 Involuntary dissolution. A corporation may
be dissolved by decree of the superior court in an action filed
on petition of the attorney general upon a showing that:
(1) The corporation procured its articles of incorporation
through fraud; or
(2) The corporation has continued to exceed or abuse the
authority conferred upon it by law. [1982 c 35 § 140; 1969
ex.s. c 120 § 57.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.290
24.06.290 Proceedings for involuntary dissolution—
Rights, duties, and remedies—Penalties—Fee set by rule.
Failure of the corporation to file its annual report within the
time required shall not derogate from the rights of its creditors, or prevent the corporation from being sued and from
defending lawsuits, nor shall it release the corporation from
any of the duties or liabilities of a corporation under law.
A corporation shall be dissolved by the secretary of state
upon the conditions prescribed in this section when the corporation:
[Title 24 RCW—page 46]
(1) Has failed to file or complete its annual report within
the time required by law;
(2) Has failed for thirty days to appoint or maintain a registered agent in this state; or
(3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the secretary of state a statement of such change.
A corporation shall not be dissolved under this section
unless the secretary of state has given the corporation not less
than sixty days' notice of its delinquency or omission, by first
class mail, postage prepaid, addressed to the registered office,
or, if there is no registered office, to the last known address of
any officer or director as shown by the records of the secretary of state, and unless the corporation has failed to correct
the omission or delinquency before expiration of the sixtyday period.
When a corporation has given cause for dissolution
under this section, and has failed to correct the delinquency
or omission as provided in this section, the secretary of state
shall dissolve the corporation by issuing a certificate of involuntary dissolution containing a statement that the corporation
has been dissolved and the date and reason for which it was
dissolved. The original certificate of involuntary dissolution
shall be filed in the records of the secretary of state, and a
copy of the certificate shall forthwith be mailed to the corporation at its registered office or, if there is no registered
office, to the last known address of the corporation or any
officer, director, or incorporator of the corporation, as shown
by the records of the secretary of state. Upon the filing of the
certificate of involuntary dissolution, the existence of the corporation shall cease, except as otherwise provided in this
chapter, and its name shall be available to and may be
adopted by another corporation after the dissolution.
A corporation which has been dissolved by operation of
this section may be reinstated within a period of three years
following its dissolution if it completes and files a current
annual report for the current reinstatement year or it appoints
or maintains a registered agent, or files a required statement
of change of registered agent or registered office and in addition pays the reinstatement fee as set by rule by the secretary
of state, plus the full amount of all annual fees that would
have been assessed for the years of administrative dissolution
had the corporation been in active status, including the reinstatement year plus any penalties as established by rule by the
secretary of state. If during the period of dissolution another
person or corporation has reserved or adopted a corporate
name which is identical or deceptively similar to the dissolved corporation's name, the dissolved corporation seeking
reinstatement shall be required to adopt another name consistent with the requirements of this chapter and to amend its
articles accordingly. When a corporation has been dissolved
by operation of this section, remedies available to or against
it shall survive in the manner provided by RCW 24.06.335
and thereafter the directors of the corporation shall hold title
to the property of the corporation as trustees for the benefit of
its creditors and shareholders. [1994 c 287 § 10; 1993 c 356
§ 18; 1982 c 35 § 141; 1973 c 70 § 1; 1969 ex.s. c 120 § 58.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
24.06.293 Administrative dissolution or revocation of
a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to
this chapter. [1997 c 12 § 3.]
24.06.293
24.06.295 Venue and process. Every action for the
involuntary dissolution of a corporation shall be commenced
by the attorney general either in the superior court of the
county in which the registered office of the corporation is situated, or in the superior court of Thurston county. Summons
shall issue and be served as in other civil actions. If process is
returned not found, the attorney general shall cause publication to be made as in other civil cases in a newspaper published in the county where the registered office of the corporation is situated, notifying the corporation of the pendency
of such action, the title of the court, the title of the action, the
date on or after which default may be entered, giving the corporation thirty days within which to appear, answer, and
defend. The attorney general may include in one notice the
names of any number of corporations against which actions
are then pending in the same court. The attorney general shall
cause a copy of such notice to be mailed by certified mail to
the corporation at its registered office within ten days after
the first publication thereof. The certificate of the attorney
general of the mailing of such notice shall be prima facie evidence thereof. Such notice shall be published at least once
each week for two successive weeks, and the first publication
thereof may begin at any time after the summons has been
returned not found. Unless a corporation shall have been personally served with summons, no default shall be taken
against it less than thirty days from the first publication of
such notice. [1969 ex.s. c 120 § 59.]
24.06.295
24.06.300 Jurisdiction of court to liquidate assets and
dissolve corporation. The superior court shall have full
power to liquidate the assets and to provide for the dissolution of a corporation when:
(1) In any action by a member, shareholder or director it
is made to appear that:
(a) The directors are deadlocked in the management of
the corporate affairs and that irreparable injury to the corporation is being suffered or is threatened by reason thereof, and
that the members or shareholders are unable to break the
deadlock; or
(b) The acts of the directors or those in control of the corporation are illegal, oppressive, or fraudulent; or
(c) The corporate assets are being misapplied or wasted;
or
(d) The corporation is unable to carry out its purposes; or
(e) The shareholders have failed, for a period which
includes at least two consecutive annual meeting dates, to
elect successors to directors whose terms have expired or
would have expired upon the election of their successors.
(2) In an action by a creditor:
(a) The claim of the creditor has been reduced to judgment and an execution thereon has been returned unsatisfied,
and it is established that the corporation is insolvent; or
(b) The corporation has admitted in writing that the
claim of the creditor is due and owing, and it is established
that the corporation is insolvent.
24.06.300
(2004 Ed.)
24.06.310
(3) A corporation applies to have its dissolution continued under the supervision of the court.
(4) An action has been filed by the attorney general to
dissolve the corporation and it is established that liquidation
of its affairs should precede the entry of a decree of dissolution.
Proceedings under subsections (1), (2) or (3) of this section shall be brought in the county in which the registered
office or the principal office of the corporation is situated.
It shall not be necessary to make directors, members or
shareholders party to any such action or proceedings unless
relief is sought against them personally. [1969 ex.s. c 120 §
60.]
24.06.305
24.06.305 Procedure in liquidation of corporation in
court. (1) In proceedings to liquidate the assets and affairs of
a corporation the court shall have the power to:
(a) Issue injunctions;
(b) Appoint a receiver or receivers pendente lite, with
such powers and duties as the court may, from time to time,
direct;
(c) Take such other proceedings as may be requisite to
preserve the corporate assets wherever situated; and
(d) Carry on the affairs of the corporation until a full
hearing can be had.
After a hearing had upon such notice as the court may
direct to be given to all parties to the proceedings, and to any
other parties in interest designated by the court, the court may
appoint a receiver.
(2) The assets of the corporation or the proceeds resulting from the sale, conveyance, or other disposition thereof
shall be applied and distributed as follows:
(a) All costs and expenses of the court proceedings, and
all liabilities and obligations of the corporation shall be paid,
satisfied and discharged, or adequate provision made therefor;
(b) Assets held by the corporation upon condition requiring return, transfer, or conveyance, which condition occurs
by reason of the dissolution or liquidation, shall be returned,
transferred, or conveyed in accordance with such requirements;
(c) Remaining assets, if any, shall be distributed to the
members, shareholders, or others in accordance with the provisions of the articles of incorporation.
(3) The court shall have power to make periodic allowances, as expenses of the liquidation and compensation to the
receivers and attorneys in the proceeding accrue, and to direct
the payment thereof from the assets of the corporation or
from the proceeds of any sale or disposition of such assets.
[2004 c 165 § 41; 1969 ex.s. c 120 § 61.]
Purpose—Captions not law—2004 c 165: See notes following RCW
7.60.005.
24.06.310
24.06.310 Qualifications of receivers—Bond. A
receiver shall in all cases be a citizen of the United States or
a corporation for profit authorized to act as receiver, which
corporation may be a domestic corporation or a foreign corporation authorized to transact business in this state, and shall
in all cases give such bond as the court may direct with such
sureties as the court may require. [1969 ex.s. c 120 § 62.]
[Title 24 RCW—page 47]
24.06.315
Title 24 RCW: Corporations and Associations (Nonprofit)
24.06.315
24.06.315 Filing of claims in liquidation proceedings.
In proceedings to liquidate the assets and affairs of a corporation the court may require all creditors of the corporation to
file with the clerk of the court or with the receiver, in such
form as the court may prescribe, proofs under oath of their
respective claims. If the court requires the filing of claims it
shall fix a date, which shall be not less than four months from
the date of the order, as the last day for the filing of claims,
and shall prescribe the notice that shall be given to creditors
and claimants of the date so fixed. Prior to the date so fixed,
the court may extend the time for the filing of claims. Creditors and claimants failing to file proofs of claim on or before
the date so fixed may be barred, by order of court, from participating in the distribution of the assets of the corporation.
[1969 ex.s. c 120 § 63.]
24.06.320
24.06.320 Discontinuance of liquidation proceedings.
The liquidation of the assets and affairs of a corporation may
be discontinued at any time during the liquidation proceedings when it is established that cause for liquidation no longer
exists. In such event the court shall dismiss the proceedings
and direct the receiver to redeliver to the corporation all its
remaining property and assets. [1969 ex.s. c 120 § 64.]
24.06.325
24.06.325 Decree of involuntary dissolution. In proceedings to liquidate the assets and affairs of a corporation,
when the costs and expenses of such proceedings and all
debts, obligations, and liabilities of the corporation shall have
been paid and discharged and all of its remaining property
and assets distributed in accordance with the provisions of
this chapter, or in case its property and assets are not sufficient to satisfy and discharge such costs, expenses, debts, and
obligations, and all the property and assets have been applied
so far as they will go to their payment, the court shall enter a
decree dissolving the corporation, whereupon the corporate
existence shall cease. [1969 ex.s. c 120 § 65.]
24.06.330
24.06.330 Filing of decree of dissolution. In case the
court shall enter a decree dissolving a corporation, it shall be
the duty of the court clerk to cause a certified copy of the
decree to be filed with the secretary of state. No fee shall be
charged by the secretary of state for the filing thereof. [1969
ex.s. c 120 § 66.]
24.06.335
24.06.335 Survival of remedies after dissolution. The
dissolution of a corporation whether (1) by the filing and
issuance of a certificate of dissolution, voluntary or involuntary, by the secretary of state, or (2) by a decree of court when
the court has not liquidated the assets and affairs of the corporation as provided in this chapter, or (3) by expiration of its
period of duration, shall not take away or impair any remedy
available to or against such corporation, its directors, officers,
members, or shareholders, for any right or claim existing, or
any liability incurred, prior to such dissolution if action or
other proceeding thereon is commenced within two years
from the date of dissolution. Any such action or proceeding
by or against the corporation may be prosecuted or defended
by the corporation in its corporate name and capacity. The
members, shareholders, directors, and officers shall have
power to take such corporate or other action as shall be
[Title 24 RCW—page 48]
appropriate to protect any remedy, right, or claim. If the corporation was dissolved by the expiration of its period of duration, such corporation may amend its articles of incorporation
at any time during the two years following dissolution, in
order to extend its period of duration. If, during the period of
dissolution, another person or corporation has reserved or
adopted a corporate name which is identical to or deceptively
similar to the dissolved corporation's name, the corporation
extending its period of duration shall be required to adopt
another name consistent with the requirements of this chapter
and to amend its articles of incorporation accordingly. The
corporation shall also pay to the state all fees and penalties
which would otherwise have been due if the corporate charter
had not expired, plus a reinstatement fee of twenty-five dollars. [1982 c 35 § 142; 1969 ex.s. c 120 § 67.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.340
24.06.340 Admission of foreign corporation. (1) No
foreign corporation shall have the right to conduct affairs in
this state until it shall have procured a certificate of authority
from the secretary of state to do so. No foreign corporation
shall be entitled to procure a certificate of authority under this
chapter to conduct in this state any affairs which a corporation organized under this chapter is not permitted to conduct:
PROVIDED, That no foreign corporation shall be denied a
certificate of authority by reason of the fact that the laws of
the state or country under which such corporation is organized governing its organization and internal affairs differ
from the laws of this state: PROVIDED FURTHER, That
nothing in this chapter contained shall be construed to authorize this state to regulate the organization or the internal
affairs of such corporation.
(2) Without excluding other activities not constituting
the conduct of affairs in this state, a foreign corporation shall,
for purposes of this chapter, not be considered to be conducting affairs in this state by reason of carrying on in this state
any one or more of the following activities:
(a) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the settlement thereof, or the settlement of claims or disputes.
(b) Holding meetings of its directors, members, or shareholders, or carrying on other activities concerning its internal
affairs.
(c) Maintaining bank accounts.
(d) Creating evidences of debt, mortgages or liens on real
or personal property.
(e) Securing or collecting debts due to it or enforcing any
rights in property securing the same. [1969 ex.s. c 120 § 68.]
24.06.345 Powers and duties, etc., of foreign corporation. A foreign corporation which shall have received a certificate of authority under this chapter shall, until a certificate
of revocation or of withdrawal shall have been issued as provided in this chapter, enjoy the same but no greater rights and
privileges as a domestic corporation organized for the purposes set forth in the application pursuant to which such certificate of authorization is issued, and shall be subject to the
same duties, restrictions, penalties and liabilities now or hereafter imposed upon a domestic corporation of like character.
[1969 ex.s. c 120 § 69.]
24.06.345
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
24.06.350
24.06.350 Corporate name of foreign corporation.
No certificate of authority shall be issued to a foreign corporation unless the corporate name of such corporation complies with the provisions of RCW 24.06.045. However, a foreign corporation applying for a certificate of authority may
file with the secretary of state a resolution of its board of
directors adopting a fictitious name for use in transacting
business in this state, if the fictitious name complies with
RCW 24.06.045. [1982 c 35 § 143; 1969 ex.s. c 120 § 70.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Registration of corporate name: RCW 24.06.047.
Reservation of exclusive right to use corporate name: RCW 24.06.046.
24.06.355
24.06.355 Change of name by foreign corporation.
Whenever a foreign corporation which is authorized to conduct affairs in this state shall change its name to one under
which a certificate of authority would not be granted to it on
application therefor, the certificate of authority of such corporation shall be suspended and it shall not thereafter conduct
any affairs in this state until it has changed its name to a name
which is available to it under the laws of this state. [1969
ex.s. c 120 § 71.]
24.06.360
24.06.360 Certificate of authority—Application for,
contents. A foreign corporation, in order to procure a certificate of authority to conduct affairs in this state, shall make
application therefor to the secretary of state, which application shall set forth:
(1) The name of the corporation and the state or country
under the laws of which it is incorporated.
(2) The date of incorporation and the period of duration
of the corporation.
(3) The address of the principal office of the corporation
in the state or country under the laws of which it is incorporated.
(4) The address of the proposed registered office of the
corporation in this state, and the name of its proposed registered agent in this state at such address.
(5) For the purpose or purposes of the corporation which
it proposes to pursue in conducting its affairs in this state.
(6) The names and respective addresses of the directors
and officers of the corporation.
(7) Such additional information as may be necessary or
appropriate in order to enable the secretary of state to determine whether such corporation is entitled to a certificate of
authority to conduct affairs in this state. [1989 c 307 § 38;
1982 c 45 § 2; 1969 ex.s. c 120 § 72.]
24.06.375
If the secretary of state finds that such application conforms to law, he or she shall, when all fees have been paid as
prescribed in this chapter:
(1) Endorse on each of such documents the word "filed",
and the effective date thereof.
(2) File in his or her office one of such duplicate originals of the application and the copy of the articles of incorporation and amendments thereto.
(3) Issue a certificate of authority to conduct affairs in
this state to which the other duplicate original application
shall be affixed.
The certificate of authority, together with the duplicate
original of the application affixed thereto by the secretary of
state, shall be returned to the corporation or its representative.
[1982 c 35 § 144; 1969 ex.s. c 120 § 73.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.367
24.06.367 Certificate of authority as insurance company—Filing of documents. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate documents are
required to be filed with the secretary of state, the documents
shall be filed with the insurance commissioner rather than the
secretary of state. [1998 c 23 § 14.]
24.06.369
24.06.369 Certificate of authority as insurance company—Registration or reservation of name. For those corporations that intend to apply for a certificate of authority
from the insurance commissioner as an insurance company
under chapter 48.05 RCW, whenever under this chapter a
corporation may register or reserve a corporate name, the registration or reservation shall be filed with the insurance commissioner rather than the secretary of state. The secretary of
state and insurance commissioner shall cooperate with each
other in registering or reserving a corporate name so that
there is no duplication of the name. [1998 c 23 § 15.]
24.06.370
24.06.370 Effect of filing application for certificate of
authority. Upon the filing of the application for certificate
of authority by the secretary of state, the corporation shall be
authorized to conduct affairs in this state for those purposes
set forth in its application: PROVIDED, That the state may
suspend or revoke such authority as provided in this chapter
for revocation and suspension of domestic corporation franchises. [1982 c 35 § 145; 1969 ex.s. c 120 § 74.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Legislative finding—1989 c 307: See note following RCW 23.86.007.
Application—1989 c 307: See RCW 23.86.900.
24.06.365
24.06.365 Filing of application for certificate of
authority—Issuance. Duplicate originals of the application
of the corporation for a certificate of authority shall be delivered to the secretary of state together with a certificate of
good standing which has been issued within the previous
sixty days and certified to by the proper officer of the state or
county under the laws of which it is incorporated.
(2004 Ed.)
24.06.375
24.06.375 Registered office and registered agent of
foreign corporation. Every foreign corporation authorized
to conduct affairs in this state shall have and continuously
maintain in this state:
(1) A registered office which may but need not be the
same as its principal office.
(2) A registered agent, who may be:
(a) An individual resident of this state whose business
office is identical with the registered office; or
[Title 24 RCW—page 49]
24.06.380
Title 24 RCW: Corporations and Associations (Nonprofit)
(b) A domestic corporation organized under any law of
this state; or
(c) A foreign corporation authorized under any law of
this state to transact business or conduct affairs in this state,
having an office identical with the registered office. [1969
ex.s. c 120 § 75.]
24.06.380
24.06.380 Change of registered office or registered
agent of foreign corporation. A foreign corporation authorized to conduct affairs in this state may change its registered
office or change its registered agent, or both, upon filing in
the office of the secretary of state in a form approved by the
secretary of state a statement setting forth:
(1) The name of the corporation.
(2) If the address of the current registered office is to be
changed, such new address.
(3) If the current registered agent is to be changed, the
name of the new registered agent.
(4) That the address of its registered office and the
address of the office of its registered agent, as changed, will
be identical.
Such statement shall be executed by the corporation, by
an officer of the corporation, and delivered to the secretary of
state, together with a written consent of the registered agent
to his or its appointment, if applicable. If the secretary of state
finds that such statement conforms to the provisions of this
chapter, he or she shall file such statement in his or her office,
and upon such filing the change of address of the registered
office, or the appointment of a new registered agent, or both,
as the case may be, shall become effective.
If a registered agent changes his or her business address
to another place within the state, the registered agent may
change such address and the address of the registered office
of any corporation of which the registered agent is registered
agent by filing a statement as required by this section, except
that it need be signed only by the registered agent, it need not
be responsive to subsection (3) of this section, and it shall
recite that a copy of the statement has been mailed to the corporation. [1993 c 356 § 19; 1982 c 35 § 146; 1969 ex.s. c 120
§ 76.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.385
24.06.385 Resignation of registered agent. Any registered agent in this state appointed by a foreign corporation
may resign as such agent upon filing a written notice thereof,
executed in duplicate, with the secretary of state, who shall
forthwith mail a copy thereof to the foreign corporation at its
principal office in the state or country under the laws of
which it is incorporated as shown by its most recent annual
report. The appointment of such agent shall terminate upon
the expiration of thirty days after receipt of such notice by the
secretary of state. [1969 ex.s. c 120 § 77.]
24.06.390
24.06.390 Service of process upon registered agent.
The registered agent so appointed by a foreign corporation
authorized to conduct affairs in this state shall be an agent of
such corporation upon whom any process, notice or demand
[Title 24 RCW—page 50]
required or permitted by law to be served upon the corporation may be served. [1969 ex.s. c 120 § 78.]
24.06.395
24.06.395 Service of process upon secretary of state.
Whenever a foreign corporation authorized to conduct affairs
in this state shall fail to appoint or maintain a registered agent
in this state, or whenever any such registered agent cannot
with reasonable diligence be found at the registered office, or
whenever the certificate of authority of a foreign corporation
shall be suspended or revoked, then the secretary of state
shall be an agent of such corporation upon whom any such
process, notice, or demand may be served. Service on the secretary of state of any such process, notice, or demand shall be
made by delivering to and leaving with the secretary of state,
or with any duly authorized clerk of the corporation department of the secretary of state's office, duplicate copies of
such process, notice or demand. In the event any such process, notice or demand is served on the secretary of state, the
secretary of state shall immediately cause one of such copies
thereof to be forwarded by certified mail, addressed to the
corporation at its principal office in the state or country under
the laws of which it is incorporated. Any service so had on
the secretary of state shall be returnable in not less than thirty
days.
The secretary of state shall keep a record of all processes,
notices and demands served upon the secretary of state under
this action, and shall record therein the time of such service
and his or her action with reference thereto: PROVIDED,
That nothing contained in this section shall limit or affect the
right to serve any process, notice or demand, required or permitted by law to be served upon a corporation in any other
manner now or hereafter permitted by law. [1982 c 35 § 147;
1969 ex.s. c 120 § 79.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.400
24.06.400 Amendment to articles of incorporation of
foreign corporation. Whenever the articles of incorporation
of a foreign corporation authorized to conduct affairs in this
state are amended, such foreign corporation shall, within
thirty days after such amendment becomes effective, file in
the office of the secretary of state a copy of such amendment
duly authenticated by the proper officer designated under the
laws of the state or country in which it is incorporated: PROVIDED, That the filing thereof shall not of itself enlarge or
alter the purpose or purposes for which such corporation is
authorized to pursue in conducting its affairs in this state, nor
authorize such corporation to conduct affairs in this state
under any other name than the name set forth in its certificate
of authority. [1969 ex.s. c 120 § 80.]
24.06.405
24.06.405 Merger of foreign corporation authorized
to conduct affairs in this state. Whenever a foreign corporation authorized to conduct affairs in this state shall be a
party to a statutory merger permitted by the laws of the state
or country under which it is incorporated, and such corporation shall be the surviving corporation, it shall, within thirty
days after such merger becomes effective, file with the secretary of state a copy of the articles of merger duly authenticated by the proper officer designated under the laws of the
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
state or country in which such statutory merger was effected;
and it shall not be necessary for such corporation to procure
either a new or amended certificate of authority to conduct
affairs in this state unless the name of such corporation be
changed thereby or unless the corporation desires to pursue in
this state other or additional purposes than those which it is
then authorized to pursue in this state. [1969 ex.s. c 120 §
81.]
24.06.410
24.06.410 Amended certificate of authority. A foreign corporation authorized to conduct affairs in this state
shall apply for an amended certificate of authority in the
event that it wishes to change its corporate name, or desires to
pursue in this state purposes other or additional to those set
forth in its initial application for a certificate of authority.
The requirements with respect to the form and content of
such application, the manner of its execution, the filing, the
issuance of an amended certificate of authority, and the effect
thereof shall be the same as in the case of an original application for a certificate of authority. [1969 ex.s. c 120 § 82.]
24.06.415
24.06.415 Withdrawal of foreign corporation. A foreign corporation authorized to conduct affairs in this state
may withdraw from this state upon procuring from the secretary of state a certificate of withdrawal. In order to procure
such certificate of withdrawal, the foreign corporation shall
deliver to the secretary of state an application for withdrawal,
which shall set forth:
(1) The name of the corporation and the state or country
under whose laws it is incorporated.
(2) A declaration that the corporation is not conducting
affairs in this state.
(3) A surrender of its authority to conduct affairs in this
state.
(4) A notice that the corporation revokes the authority of
its registered agent in this state to accept service of process
and consents that service of process in any action, suit or proceeding, based upon any cause of action arising in this state
during the time the corporation was authorized to conduct
affairs in this state, may thereafter be made upon such corporation by service thereof on the secretary of state.
(5) A copy of the revenue clearance certificate issued
pursuant to chapter 82.32 RCW.
(6) A post office address to which the secretary of state
may mail a copy of any process that may be served on the
secretary of state as agent for the corporation.
The application for withdrawal shall be made on forms
prescribed and furnished by the secretary of state and shall be
executed by the corporation, by one of the officers of the corporation, or, if the corporation is in the hands of a receiver or
trustee, shall be executed on behalf of the corporation by such
receiver or trustee. [1993 c 356 § 20; 1982 c 35 § 148; 1969
ex.s. c 120 § 83.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.420
24.06.420 Filing of application for withdrawal—Issuance of certificate of withdrawal. Duplicate originals of an
application for withdrawal shall be delivered to the secretary
(2004 Ed.)
24.06.425
of state. If the secretary of state finds that such application
conforms to the provisions of this chapter, the secretary of
state shall, when all requirements have been met as prescribed in this chapter:
(1) Endorse on each of such duplicate originals the word
"filed", and the effective date of the filing thereof.
(2) File one of such duplicate originals.
(3) Issue a certificate of withdrawal to which the other
duplicate original shall be fixed.
The certificate of withdrawal, together with the duplicate
original of the application for withdrawal affixed thereto by
the secretary of state, shall be returned to the corporation or
its representative. Upon the filing of such application of withdrawal, the authority of the corporation to conduct affairs in
this state shall cease. [1982 c 35 § 149; 1969 ex.s. c 120 §
84.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.425
24.06.425 Revocation of certificate of authority. (1)
The certificate of authority of a foreign corporation to conduct affairs in this state may be revoked by the secretary of
state upon the conditions prescribed in this section when:
(a) The corporation has failed to file its annual report
within the time required by this chapter or has failed to pay
any fees or penalties prescribed by this chapter as they
become due and payable; or
(b) The corporation has failed for thirty days to appoint
and maintain a registered agent in this state as required by
this chapter; or
(c) The corporation has failed, for thirty days after
change of its registered agent or registered office, to file in
the office of the secretary of state a statement of such change
as required by this chapter; or
(d) The corporation has failed to file in the office of the
secretary of state any amendment to its articles of incorporation or any articles of merger within the time prescribed by
this chapter; or
(e) The certificate of authority of the corporation was
procured through fraud practiced upon the state; or
(f) The corporation has continued to exceed or abuse the
authority conferred upon it by this chapter; or
(g) A misrepresentation has been made as to any material
matter in any application, report, affidavit, or other document, submitted by such corporation pursuant to this chapter.
(2) No certificate of authority of a foreign corporation
shall be revoked by the secretary of state unless the secretary
of state shall have given the corporation not less than sixty
days' notice thereof by first class mail addressed to its registered office in this state, or, if there is no registered office, to
the last known address of any officer or director of the corporation as shown by the records of the secretary of state, and
the corporation shall have failed prior to revocation to (a) file
such annual report, (b) pay such fees or penalties, (c) file the
required statement of change of registered agent or registered
office, (d) file such articles of amendment or articles of
merger, or (e) correct any delinquency, omission, or material
misrepresentation in its application, report, affidavit, or other
document. [1982 c 35 § 150; 1969 ex.s. c 120 § 85.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
[Title 24 RCW—page 51]
24.06.430
Title 24 RCW: Corporations and Associations (Nonprofit)
24.06.430
24.06.430 Issuance and filing of certificate of revocation—Effect. Upon revoking any certificate of authority
under RCW 24.06.425, the secretary of state shall:
(1) Issue a certificate of revocation in duplicate.
(2) File one of such certificates.
(3) Mail to such corporation at its registered office in this
state a notice of such revocation accompanied by one of the
two certificates of revocation.
Upon filing of the certificate of revocation, the corporate
authority to conduct affairs in this state shall cease. [1982 c
35 § 151; 1969 ex.s. c 120 § 86.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.433
24.06.433 Foreign corporations—Application for
reinstatement. (1) A corporation revoked under RCW
24.06.425 may apply to the secretary of state for reinstatement within three years after the effective date of revocation.
An application filed within such three-year period may be
amended or supplemented and any such amendment or supplement shall be effective as of the date of original filing. The
application filed under this section shall be filed under and by
authority of an officer of the corporation.
(2) The application shall:
(a) State the name of the corporation and, if applicable,
the name the corporation had elected to use in this state at the
time of revocation, and the effective date of its revocation;
(b) Provide an explanation to show that the grounds for
revocation either did not exist or have been eliminated;
(c) State the name of the corporation at the time of reinstatement and, if applicable, the name the corporation elects
to use in this state at the time of reinstatement which may be
reserved under RCW 24.06.046;
(d) Appoint a registered agent and state the registered
office address under RCW 24.06.375; and
(e) Be accompanied by payment of applicable fees and
penalties.
(3) If the secretary of state determines that the application conforms to law, and that all applicable fees have been
paid, the secretary of state shall cancel the certificate of revocation, prepare and file a certificate of reinstatement, and
mail a copy of the certificate of reinstatement to the corporation.
(4) Reinstatement under this section relates back to and
takes effect as of the date of revocation. The corporate
authority shall be deemed to have continued without interruption from that date.
(5) In the event the application for reinstatement states a
corporate name that the secretary of state finds to be contrary
to the requirements of RCW 24.06.046, the application,
amended application, or supplemental application shall be
amended to adopt another corporate name that is in compliance with RCW 24.06.046. In the event the reinstatement
application so adopts a new corporate name for use in Washington, the application for authority shall be deemed to have
been amended to change the corporation's name to the name
so adopted for use in Washington, effective as of the effective
date of the certificate of reinstatement. [1993 c 356 § 21.]
Effective date—1993 c 356: See note following RCW 24.03.046.
[Title 24 RCW—page 52]
24.06.435 Conducting affairs without certificate of
authority. No foreign corporation conducting affairs in this
state without a certificate of authority shall be permitted to
maintain any action, suit, or proceeding in any court of this
state until such corporation shall have obtained a certificate
of authority. Nor shall any action, suit or proceeding be maintained in any court of this state by any successor or assignee
of such corporation on any right, claim, or demand arising out
of the conduct of affairs by such corporation in this state until
a certificate of authority shall have been obtained by the corporation or by a valid corporation which has (1) acquired all
or substantially all of its assets and (2) assumed all of its liabilities: PROVIDED, That the failure of a foreign corporation to obtain a certificate of authority to conduct affairs in
this state shall not impair the substantive validity of any contract or act of such corporation, and shall not prevent such
corporation from defending any action, suit or proceeding in
any court of this state under such terms and conditions as a
court may find just. [1969 ex.s. c 120 § 87.]
24.06.435
24.06.440 Annual or biennial report of domestic and
foreign corporations. Each domestic corporation, and each
foreign corporation authorized to conduct affairs in this state,
shall file, within the time prescribed by this chapter, an
annual or biennial report, established by the secretary of state
by rule, in the form prescribed by the secretary of state setting
forth:
(1) The name of the corporation and the state or country
under whose laws it is incorporated.
(2) The address of the registered office of the corporation
in this state, including street and number, the name of its registered agent in this state at such address, and, in the case of a
foreign corporation, the address of its principal office in the
state or country under whose laws it is incorporated.
(3) A brief statement of the character of the affairs in
which the corporation is engaged, or, in the case of a foreign
corporation, engaged in this state.
(4) The names and respective addresses of the directors
and officers of the corporation.
(5) The corporation's unified business identifier number.
The information shall be given as of the date of the execution of the report. It shall be executed by the corporation by
an officer of the corporation, or, if the corporation is in the
hands of a receiver or trustee, it shall be executed on behalf of
the corporation by such receiver or trustee.
The secretary of state may by rule adopted under chapter
34.05 RCW provide that correction or updating of information appearing on previous annual or biennial filings is sufficient to constitute the current filing. [1993 c 356 § 22; 1982
c 35 § 152; 1969 ex.s. c 120 § 88.]
24.06.440
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.445
24.06.445 Filing of annual or biennial report of
domestic and foreign corporations. An annual or biennial
report of each domestic or foreign corporation shall be delivered to the secretary of state between the first day of January
and the first day of March of each year or on such annual or
biennial renewal date as the secretary of state may establish.
The secretary of state may adopt rules to establish biennial
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
reporting dates and to stagger reporting dates. Proof to the
satisfaction of the secretary of state that the report was deposited in the United States mails, in a sealed envelope, properly
addressed to the secretary of state, with postage prepaid
thereon, prior to the corporation's annual or biennial renewal
date, shall be deemed compliance with this requirement.
If the secretary of state finds that a report substantially
conforms to the requirements of this chapter, the secretary of
state shall file the same.
Failure of the secretary of state to mail any such notice
shall not relieve a corporation from its obligation to file the
annual reports required by this chapter. [1993 c 356 § 23;
1982 c 35 § 153; 1973 c 146 § 1; 1969 ex.s. c 120 § 89.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.450
24.06.450 Fees for filing documents and issuing certificates. (1) The secretary of state shall charge and collect
for:
(a) Filing articles of incorporation, thirty dollars.
(b) Filing an annual report, ten dollars.
(c) Filing an application of a foreign corporation for a
certificate of authority to conduct affairs in this state, thirty
dollars.
(2) The secretary of state shall establish by rule, fees for
the following:
(a) Filing articles of amendment or restatement.
(b) Filing articles of merger or consolidation.
(c) Filing a statement of change of address of registered
office or change of registered agent, or revocation, resignation, or any combination of these. A separate fee for filing
such statement shall not be charged if the statement appears
in an amendment to the articles of incorporation or in conjunction with the annual report.
(d) Filing articles of dissolution, no fee.
(e) Filing an application of a foreign corporation for an
amended certificate of authority to conduct affairs in this
state.
(f) Filing a copy of an amendment to the articles of incorporation of a foreign corporation holding a certificate of
authority to conduct affairs in this state.
(g) Filing a copy of articles of merger of a foreign corporation holding a certificate of authority to conduct affairs in
this state.
(h) Filing an application for withdrawal of a foreign corporation and issuing a certificate of withdrawal, no fee.
(i) Filing a certificate by a foreign corporation of the
appointment of a registered agent. A separate fee for filing
such certificate shall not be charged if the statement appears
in an amendment to the articles of incorporation or in conjunction with the annual report.
(j) Filing a certificate by a foreign corporation of the
revocation of the appointment of a registered agent. A separate fee for filing such certificate shall not be charged if the
statement appears in an amendment to the articles of incorporation or in conjunction with the annual report.
(k) Filing an application to reserve a corporate name.
(l) Filing a notice of transfer of a reserved corporate
name.
(2004 Ed.)
24.06.465
(m) Filing any other statement or report of a domestic or
foreign corporation.
(3) Fees shall be adjusted by rule in an amount that does
not exceed the average biennial increase in the cost of providing service. This shall be determined in a biennial cost study
performed by the secretary. [1993 c 269 § 7; 1991 c 223 § 2;
1982 c 35 § 154; 1981 c 230 § 6; 1973 c 70 § 2; 1969 ex.s. c
120 § 90.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Effective date—1991 c 223: See note following RCW 24.03.405.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.455
24.06.455 Miscellaneous fees. The secretary of state
shall establish by rule, fees for the following:
(1) For furnishing a certified copy of any charter document or any other document, instrument, or paper relating to
a corporation;
(2) For furnishing a certificate, under seal, attesting to
the status of a corporation; or any other certificate;
(3) For furnishing copies of any document, instrument,
or paper relating to a corporation; and
(4) At the time of any service of process on the secretary
of state as resident agent of any corporation. This amount
may be recovered as taxable costs by the party to the suit or
action causing such service to be made if such party prevails
in the suit or action. [1993 c 269 § 8; 1982 c 35 § 155; 1979
ex.s. c 133 § 3; 1973 c 70 § 3; 1969 ex.s. c 120 § 91.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Deposit of certain fees recovered under this section in secretary of state's
revolving fund: RCW 43.07.130.
24.06.460
24.06.460 Disposition of fees. Any money received by
the secretary of state under the provisions of this chapter shall
be deposited forthwith into the state treasury as provided by
law. [1982 c 35 § 156; 1969 ex.s. c 120 § 92.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.462
24.06.462 Fees for services by secretary of state. See
RCW 43.07.120.
24.06.465
24.06.465 Penalties imposed upon corporation—
Penalty established by secretary of state. (1) Each corporation, domestic or foreign, which fails or refuses to file its
annual report for any year within the time prescribed by this
chapter shall be subject to a penalty as established and
assessed by the secretary of state.
(2) Each corporation, domestic or foreign, which fails or
refuses to answer truthfully and fully within the time prescribed by this chapter any interrogatories propounded by the
secretary of state in accordance with the provisions of this
chapter, is guilty of a misdemeanor and upon conviction
thereof shall be fined in an amount not to exceed five hundred
dollars on each count. [2003 c 53 § 165; 1994 c 287 § 11;
1969 ex.s. c 120 § 93.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
[Title 24 RCW—page 53]
24.06.470
Title 24 RCW: Corporations and Associations (Nonprofit)
24.06.470
24.06.470 Penalties imposed upon directors and
officers. Each director and officer of a corporation, domestic
or foreign, who fails or refuses within the time prescribed by
this chapter, to answer truthfully and fully any interrogatories
propounded to him by the secretary of state in accordance
with the provisions of this chapter, or who signs any articles,
statement, report, application, or other document filed with
the secretary of state, which is known to such officer or director to be false in any material respect, shall be deemed to be
guilty of a misdemeanor, and upon conviction thereof shall
be fined in an amount not to exceed five hundred dollars on
each count. [1969 ex.s. c 120 § 94.]
24.06.475
24.06.475 Interrogatories by secretary of state. The
secretary of state may propound to any corporation, domestic
or foreign, subject to the provisions of this chapter, and to any
officer or director thereof such interrogatories as may be reasonably necessary and proper to enable the secretary of state
to ascertain whether such corporation has complied with all
of the provisions of this chapter applicable to such corporation. All such interrogatories shall be answered within thirty
days after the mailing thereof, or within such additional time
as shall be fixed by the secretary of state, and the answers
thereto shall be full and complete, made in writing, and under
oath. If such interrogatories are directed to an individual, they
shall be answered personally by him, and if directed to the
corporation they shall be answered by the president, a vice
president, a secretary or any assistant secretary thereof. The
secretary of state need not file any document to which such
interrogatories relate until such interrogatories are answered
as required by this section, and even not then if the answers
thereto disclose that the document is not in conformity with
the provisions of this chapter.
The secretary of state shall certify to the attorney general, for such action as the attorney general may deem appropriate, all interrogatories and answers thereto which disclose
a violation of any of the provisions of this chapter. [1982 c 35
§ 157; 1969 ex.s. c 120 § 95.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Power and authority of secretary of state: RCW 23B.01.210 and
23B.01.300.
24.06.490
24.06.490 Appeal from secretary of state's actions.
(1) If the secretary of state shall fail to approve any articles of
incorporation, amendment, merger, consolidation, or dissolution, or any other document required by this chapter to be
approved by the secretary of state before the same shall be
filed in his or her office, the secretary of state shall, within ten
days after the delivery of such document to him or her, give
written notice of disapproval to the person or corporation,
domestic or foreign, delivering the same, specifying the reasons therefor. The person or corporation may apply to the
superior court of the county in which the registered office of
such corporation is situated, or is proposed, in the document,
by filing a petition with the clerk of such court setting forth a
copy of the articles or other document tendered to the secretary of state, together with a copy of the written disapproval
thereof by the secretary of state; whereupon the matter shall
be tried to the court on all questions of fact and law; and the
court shall either sustain or overrule the action of the secretary of state.
(2) If the secretary of state shall revoke the certificate of
authority to conduct affairs in this state of any foreign corporation, such foreign corporation may likewise apply to the
superior court of the county where the registered office of
such corporation in this state is situated, by filing with the
clerk of such court a petition setting forth a copy of its certificate of authority to conduct affairs in this state and a copy of
the notice of revocation given by the secretary of state;
whereupon the matter shall be tried to the court on all questions of fact and law; and the court shall either sustain or
overrule the action of the secretary of state.
(3) Appeals from all final orders and judgments entered
by the superior court under this section, in the review of any
ruling or decision of the secretary of state may be taken as in
other civil actions. [1982 c 35 § 160; 1969 ex.s. c 120 § 98.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.480
24.06.480 Confidential nature of information disclosed by interrogatories. Interrogatories propounded by
the secretary of state and the answers thereto shall not be
open to public inspection, nor shall the secretary of state disclose any facts or information obtained therefrom unless (1)
his or her official duty may require that the same be made
public, or (2) such interrogatories or the answers thereto are
required for use in evidence in any criminal proceedings or
other action by the state. [1982 c 35 § 158; 1969 ex.s. c 120
§ 96.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.485
24.06.485 Power and authority of secretary of state.
The secretary of state shall have all power and authority reasonably necessary for the efficient and effective administration of this chapter, including the adoption of rules under
chapter 34.05 RCW. [1982 c 35 § 159; 1969 ex.s. c 120 §
97.]
[Title 24 RCW—page 54]
24.06.495
24.06.495 Certificates and certified copies to be
received in evidence. All certificates issued by the secretary
of state in accordance with the provisions of this chapter, and
all copies of documents filed in the office of the secretary of
state in accordance with the provisions of this chapter when
certified by the secretary of state under the seal of the state,
shall be taken and received in all courts, public offices, and
official bodies as prima facie evidence of the facts therein
stated. A certificate by the secretary of state under the seal of
this state, as to the existence or nonexistence of the facts
relating to corporations which would not appear from a certified copy of any of the foregoing documents or certificates,
shall be taken and received in all courts, public offices, and
official bodies as prima facie evidence of the existence or
nonexistence of the facts therein stated. [1982 c 35 § 161;
1969 ex.s. c 120 § 99.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
(2004 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
24.06.500
24.06.500 Greater voting requirements. Whenever,
with respect to any action to be taken by the members, shareholders or directors of a corporation, the articles of incorporation require the vote or concurrence of a greater proportion
of the members, shareholders or directors, as the case may be,
than required by this chapter with respect to such action, the
provisions of the articles of incorporation shall control.
[1969 ex.s. c 120 § 100.]
24.06.505
24.06.505 Waiver of notice. Whenever any notice is
required to be given to any member, shareholder or director
of a corporation under the provisions of this chapter or under
the provisions of the articles of incorporation or bylaws of the
corporation, a waiver thereof in writing signed by the person
or persons entitled to such notice, whether made before or
given after the time stated therein, shall be equivalent to the
giving of such notice. [1969 ex.s. c 120 § 101.]
24.06.510
24.06.510 Action by members or directors without a
meeting. Any action required by this chapter to be taken at a
meeting of the members, shareholders or directors of a corporation, or any action which may be taken at a meeting of the
members, shareholders or directors, may be taken without a
meeting, if a consent in writing, setting forth the action so
taken, is signed by all of the members and shareholders entitled to vote thereon, or by all of the directors, as the case may
be, unless the articles or bylaws provide to the contrary.
Such consent shall have the same force and effect as a
unanimous vote, and may be stated as such in any articles or
document filed with the secretary of state. [1969 ex.s. c 120
§ 102.]
24.06.515
24.06.515 Unauthorized assumption of corporate
powers. All persons who assume to act as a corporation
without authority so to do shall be jointly and severally liable
for all debts and liabilities incurred or arising as a result
thereof. [1969 ex.s. c 120 § 103.]
24.06.520
24.06.520 Reinstatement and renewal of corporate
existence—Fee. If the term of existence of a corporation
which was organized under this chapter, or which has availed
itself of the privileges thereby provided expires, such corporation shall have the right to renew within two years of the
expiration of its term of existence. The corporation may
renew the term of its existence for a definite period or perpetually and be reinstated under any name not then in use by or
reserved for a domestic corporation organized under any act
of this state or a foreign corporation authorized under any act
of this state to transact business or conduct affairs in this
state. To do so the directors, members and officers shall adopt
amended articles of incorporation containing a certification
that the purpose thereof is a reinstatement and renewal of the
corporate existence. They shall proceed in accordance with
the provisions of this chapter for the adoption and filing of
amendments to articles of incorporation. Thereupon such
corporation shall be reinstated and its corporate existence
renewed as of the date on which its previous term of existence expired and all things done or omitted by it or by its
officers, directors, agents and members before such reinstate(2004 Ed.)
24.06.610
ment shall be as valid and have the same legal effect as if its
previous term of existence had not expired.
A corporation reinstating under this section shall pay to
the state all fees and penalties which would have been due if
the corporate charter had not expired, plus a reinstatement fee
established by the secretary of state by rule. [1993 c 269 § 9;
1982 c 35 § 162; 1969 ex.s. c 120 § 106.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.525
24.06.525 Reorganization of corporations or associations in accordance with this chapter. Any corporation or
association organized under any other statute may be reorganized under the provisions of this chapter by adopting and filing amendments to its articles of incorporation in accordance
with the provisions of this chapter for amending articles of
incorporation. The articles of incorporation as amended must
conform to the requirements of this chapter, and shall state
that the corporation accepts the benefits and will be bound by
the provisions of this chapter. [1969 ex.s. c 120 § 107.]
24.06.600
24.06.600 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of carrying
electronic impulses or light waves for the carrying of intelligence for telecommunications or television, including, but
not limited to cable, and any related device, apparatus, or
auxiliary equipment upon any pole owned or controlled in
whole or in part by one or more locally regulated utilities
where the installation has been made with the necessary consent.
(b) "Locally regulated utility" means an [a] mutual corporation organized under this chapter for the purpose of providing utility service and not subject to rate or service regulation by the utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may not
arbitrarily differentiate among or between similar classes of
persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and sufficient. A locally regulated utility shall levy attachment space
rental rates that are uniform for the same class of service
within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation commission any authority to exercise jurisdiction over locally
regulated utilities. [1996 c 32 § 2.]
24.06.610
24.06.610 Tariff for irrigation pumping service—
Authority for locally regulated utility to buy back electricity. The board may approve a tariff for irrigation pumping service that allows the locally regulated utility to buy
back electricity from customers to reduce electricity usage by
those customers during the locally regulated utility's particular irrigation season. [2001 c 122 § 5.]
Effective date—2001 c 122: See note following RCW 80.28.310.
[Title 24 RCW—page 55]
24.06.900
Title 24 RCW: Corporations and Associations (Nonprofit)
24.06.900 Short title. This chapter shall be known and
may be cited as the "Nonprofit Miscellaneous and Mutual
Corporation Act". [1982 c 35 § 163; 1969 ex.s. c 120 § 104.]
24.06.900
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.905 Existing liabilities not terminated—Continuation of corporate existence—Application of chapter.
The enactment of this chapter shall not have the effect of terminating, or in any way modifying, any liability, civil or
criminal, which shall already be in existence at the date this
chapter becomes effective; and any corporation existing
under any prior law which expires on or before the date when
this chapter takes effect shall continue its corporate existence: PROVIDED, That this chapter shall apply prospectively to all existing corporations which do not otherwise
qualify under the provisions of Titles 23B and 24 RCW, to
the extent permitted by the Constitution of this state and of
the United States. [1991 c 72 § 44; 1969 ex.s. c 120 § 105.]
and its existing public institutions and shall take effect July 1,
1969: PROVIDED, That no corporation existing on the
effective date of this chapter shall be required to conform to
the provisions of this chapter until July 1, 1971. [1969 ex.s.
c 120 § 110.]
24.06.905
Chapter 24.12
Chapter 24.12 RCW
CORPORATIONS SOLE
Sections
24.12.010
24.12.020
24.12.025
24.12.030
24.12.040
24.12.050
24.12.060
Corporations sole—Church and religious societies.
Corporate powers.
Indemnification of agents of any corporation authorized.
Filing articles—Property held in trust.
Existing corporations sole.
Fees for services by secretary of state.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from name
of governmental entity—Application by governmental
entity.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
24.06.910
24.06.910 Severability—1969 ex.s. c 120. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances
is not affected, and the effect of such invalidity shall be confined to the clause, sentence, paragraph, section or part of this
chapter so held to be invalid. [1969 ex.s. c 120 § 108.]
24.06.915 Notice to existing corporations. (1) The
secretary of state shall notify all existing miscellaneous and
mutual corporations thirty days prior to the date this chapter
becomes effective as to their requirements for filing an
annual report.
(2) If the notification provided under subsection (1) of
this section, from the secretary of state to any corporation
was or has been returned unclaimed or undeliverable, the secretary of state shall proceed to dissolve the corporation by
striking the name of such corporation from the records of
active corporations.
(3) Corporations dissolved under subsection (2) of this
section may be reinstated at any time within three years of the
dissolution action by the secretary of state. The corporation
shall be reinstated by filing a request for reinstatement, by
appointment of a registered agent and designation of a registered office as required by this chapter, and by filing an
annual report for the reinstatement year. No fees may be
charged for reinstatements under this section. If, during the
period of dissolution, another person or corporation has
reserved or adopted a corporate name which is identical to or
deceptively similar to the dissolved corporation's name, the
corporation seeking reinstatement shall be required to adopt
another name consistent with the requirements of this chapter
and to amend its articles of incorporation accordingly. [1982
c 35 § 164; 1969 ex.s. c 120 § 109.]
24.06.915
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Effective date—1969 ex.s. c 120: See RCW 24.06.920.
24.06.920
24.06.920 Effective date—1969 ex.s. c 120. This chapter is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government
[Title 24 RCW—page 56]
24.12.010 Corporations sole—Church and religious
societies. Any person, being the bishop, overseer or presiding elder of any church or religious denomination in this
state, may, in conformity with the constitution, canons, rules,
regulations or discipline of such church or denomination,
become a corporation sole, in the manner prescribed in this
chapter, as nearly as may be; and, thereupon, said bishop,
overseer or presiding elder, as the case may be, together with
his successors in office or position, by his official designation, shall be held and deemed to be a body corporate, with all
the rights and powers prescribed in the case of corporations
aggregate; and with all the privileges provided by law for
religious corporations. [1915 c 79 § 1; RRS § 3884.]
24.12.010
24.12.020 Corporate powers. Every corporation sole
shall, for the purpose of the trust, have power to contract in
the same manner and to the same extent as a natural person,
and may sue and be sued, and may defend in all courts and
places, in all matters and proceedings whatever, and shall
have authority to borrow money and give promissory notes
therefor, and to secure the payment of the same by mortgage
or other lien upon property, real and personal; to buy, sell,
lease, mortgage and in every way deal in real and personal
property in the same manner as a natural person may, and
without the order of any court; to receive bequests and
devises for its own use or upon trusts, to the same extent as
natural persons may; and to appoint attorneys in fact. [1915
c 79 § 2; RRS § 3885.]
24.12.020
24.12.025 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.12.025
24.12.030 Filing articles—Property held in trust.
Articles of incorporation shall be filed in like manner as provided by law for corporations aggregate, and therein shall be
set forth the facts authorizing such incorporation, and declare
the manner in which any vacancy occurring in the incumbency of such bishop, overseer or presiding elder, as the case
may be, is required by the constitution, canons, rules, regulations or discipline of such church or denomination to be
24.12.030
(2004 Ed.)
Fraternal Societies
filled, which statement shall be verified by affidavit, and for
proof of the appointment or election of such bishop, overseer
or presiding elder, as the case may be, or any succeeding
incumbent of such corporation, it shall be sufficient to file
with the secretary of state the original or a copy of his commission, or certificate, or letters of election or appointment,
duly attested: PROVIDED, All property held in such official
capacity by such bishop, overseer or presiding elder, as the
case may be, shall be in trust for the use, purpose, benefit and
behoof of his religious denomination, society or church.
[1981 c 302 § 10; 1915 c 79 § 3; RRS § 3886.]
Severability—1981 c 302: See note following RCW 19.76.100.
24.20.050
(1) The name of such lodge or other society, and the
place of holding its meetings;
(2) the name of the grand body from which it derives its
rights and powers as such lodge or society; or if it be a grand
lodge, the manner in which its powers as such grand lodge are
derived;
(3) the names of the presiding officer and the secretary
having the custody of the seal of such lodge or society;
(4) what officers shall join in the execution of any contract by such lodge or society to give it force and effect in
accordance with the usages of such lodges or society. [1981
c 302 § 11; 1925 ex.s. c 63 § 1; 1903 c 80 § 1; RRS § 3865.
Cf. Code 1881 § 2452; 1873 p 410 § 3.]
24.12.040
24.12.040 Existing corporations sole. Any corporation
sole heretofore organized and existing under the laws of this
state may elect to continue its existence under *this title
[chapter] by filing a certificate to that effect, under its corporate seal and the hand of its incumbent, or by filing amended
articles of incorporation, in the form, as near as may be, as
provided for corporations aggregate, and from and after the
filing of such certificate of amended articles, such corporation shall be entitled to the privileges and subject to the
duties, liabilities and provisions in *this title [chapter]
expressed. [1915 c 79 § 4; RRS § 3887.]
*Reviser's note: The language "this title" appeared in chapter 79, Laws
of 1915, an independent act, codified herein as chapter 24.12 RCW.
24.12.050
24.12.050 Fees for services by secretary of state. See
RCW 43.07.120.
Severability—1981 c 302: See note following RCW 19.76.100.
24.20.020
24.20.020 Filing fee. The secretary of state shall file
such articles of incorporation in the secretary of state's office
and issue a certificate of incorporation to any such lodge or
other society upon the payment of the sum of twenty dollars.
[1993 c 269 § 10; 1982 c 35 § 165; 1903 c 80 § 2; RRS §
3866.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.20.025
24.20.025 Fees for services by secretary of state. See
RCW 43.07.120.
24.20.030
24.12.060
24.12.060 Administrative dissolution or revocation of
a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to
this chapter. [1997 c 12 § 4.]
Chapter 24.20
Chapter 24.20 RCW
FRATERNAL SOCIETIES
24.20.030 Powers—Not subject to license fees. Such
lodge or other society shall be a body politic and corporate
with all the powers and incidents of a corporation upon its
compliance with RCW 24.20.010 and 24.20.020: PROVIDED, HOWEVER, That such fraternal corporation shall
not be subject to any license fee or other corporate tax of
commercial corporations. [1903 c 80 § 3; RRS § 3867.]
24.20.035
24.20.035 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
Sections
24.20.040
24.20.010
24.20.020
24.20.025
24.20.030
24.20.035
24.20.040
24.20.050
Incorporation—Articles.
Filing fee.
Fees for services by secretary of state.
Powers—Not subject to license fees.
Indemnification of agents of any corporation authorized.
Reincorporation.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from name
of governmental entity—Application by governmental
entity.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
24.20.010
24.20.010 Incorporation—Articles. Any grand lodge,
encampment, chapter or any subordinate lodge or body of
Free and Accepted Masons, Independent Order of Odd Fellows, Knights of Pythias, or other fraternal society, desiring
to incorporate, shall make articles of incorporation in duplicate, and file one of such articles in the office of the secretary
of state; such articles shall be signed by the presiding officer
and the secretary of such lodge, chapter or encampment, and
attested by the seal thereof, and shall specify:
(2004 Ed.)
24.20.040 Reincorporation. Any lodge or society, or
the members thereof, having heretofore attempted to incorporate as a body under the provisions of an act entitled "An act
to provide for the incorporation of associations for social,
charitable and educational purposes," approved March 21st,
1895 [*chapter 24.16 RCW], such lodge or society may
incorporate under its original corporate name by complying
with the provisions of RCW 24.20.010 and 24.20.020: PROVIDED, That such lodge or society shall attach to and file
with the articles of incorporation provided for in this chapter
a certificate duly signed, executed and attested by the officers
of the said corporation consenting to such reincorporation
and waiving all rights of the original corporation to such corporate name. [1903 c 80 § 4; RRS § 3868.]
*Reviser's note: "chapter 24.16 RCW" was repealed by the Washington Nonprofit Corporation Act, 1967 c 235, (chapter 24.03 RCW).
24.20.050
24.20.050 Administrative dissolution or revocation of
a certificate of authority—Corporation name not distinguishable from name of governmental entity—Applica[Title 24 RCW—page 57]
Chapter 24.24
Title 24 RCW: Corporations and Associations (Nonprofit)
tion by governmental entity. RCW 23B.14.203 applies to
this chapter. [1997 c 12 § 5.]
Chapter 24.24 RCW
BUILDING CORPORATIONS COMPOSED OF
FRATERNAL SOCIETY MEMBERS
Chapter 24.24
for fraternal and social purposes, and for the benefit of the
several bodies represented in such association;
(4) The place where the corporation proposes to have its
principal place of business;
(5) The amount of capital stock and the par value thereof
per share, if it shall be organized as a joint stock company.
[1927 c 190 § 2; RRS § 3887-2.]
Sections
24.24.030
24.24.010
24.24.015
24.24.020
24.24.030
24.24.040
24.24.050
24.24.060
24.24.070
24.24.080
24.24.090
24.24.100
24.24.110
24.24.120
24.24.130
Who may incorporate—Filing fee.
Fees for services by secretary of state.
Articles—Contents.
Powers.
Membership certificates.
Bylaws.
Membership—Trustees—Elections.
Control of business—Officers.
Right of corporations under the statutes.
Certificates of capital stock.
Fees.
Exemption from ordinary corporate taxes.
Indemnification of agents of any corporation authorized.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from name
of governmental entity—Application by governmental
entity.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
24.24.010
24.24.010 Who may incorporate—Filing fee. Any ten
or more residents of this state who are members of any chartered body or of different chartered bodies of any fraternal
order or society who shall desire to incorporate for the purpose of owning real or personal property or both real and personal property for the purpose and for the benefit of such
bodies, may make and execute articles of incorporation,
which shall be executed in duplicate, and shall be subscribed
by each of the persons so associating themselves together:
PROVIDED, That no lodge shall be incorporated contrary to
the provisions of the laws and regulations of the order or society of which it is a constituent part. Such articles, at the election of the incorporators, may either provide for the issuing of
capital stock or for incorporation as a society of corporation
without shares of stock. One of such articles shall be filed in
the office of the secretary of state, accompanied by a filing
fee of twenty dollars, and the other of such articles shall be
preserved in the records of the corporation. [1982 c 35 § 166;
1981 c 302 § 12; 1927 c 190 § 1; RRS § 3887-1.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.24.015
24.24.015 Fees for services by secretary of state. See
RCW 43.07.120.
24.24.020
24.24.020 Articles—Contents. The articles of incorporation shall set forth;
(1) The names of the persons so associating themselves
together, their places of residence and the name and location
of the lodge, chapter, or society to which they severally
belong;
(2) The corporate name assumed by the corporation and
the duration of the same if limited;
(3) The purpose of the association, which shall be to provide, maintain and operate a building or buildings to be used
[Title 24 RCW—page 58]
24.24.030 Powers. Upon making and filing such articles of incorporation the persons subscribing the same and
their successors in office and associates, by the name
assumed in such articles, shall thereafter be deemed a body
corporate, and may acquire and possess real and personal
property and may erect and own suitable building or buildings to be used, in whole or in part, for meetings of fraternal
bodies, and for all social and fraternal purposes of the several
bodies represented in the membership of the corporation, and
may exercise all other powers that may lawfully be exercised
by other corporations organized under the general incorporation laws of Washington, including the power to borrow
money, and for that purpose may issue its bonds and mortgage its property to secure the payment of such bonds. [1927
c 190 § 3; RRS § 3887-3.]
24.24.040
24.24.040 Membership certificates. If the corporation
shall not be a joint stock company, then it may provide by its
bylaws for issuing to the several bodies represented in its
membership certificates of participation, which shall evidence the respective equitable interests of such bodies in the
properties held by such corporation. [1927 c 190 § 4; RRS §
3887-4.]
24.24.050
24.24.050 Bylaws. Every such corporation shall have
full power and authority to provide by its bylaws for the manner in which such certificates of participation of its certificates or shares of stock shall be held and represented, and
may also in like manner provide, that its shares of stock shall
not be transferred to, or be held or owned by any person, or
by any corporation other than a chartered body of the order or
society represented in its membership. [1927 c 190 § 5; RRS
§ 3887-5.]
24.24.060
24.24.060 Membership—Trustees—Elections. Every
such corporation shall have power to provide by its bylaws
for succession to its original membership and for new membership, and also for the election from its members of a board
of trustees, or a board of directors, and to fix the number and
term of office of such trustees or directors; PROVIDED, That
there shall always be upon such board of trustees or board of
directors at least one representative from each of the several
bodies represented in the membership of the association, and
the term of office of a trustee shall not exceed three years.
[1927 c 190 § 6; RRS § 3887-6.]
24.24.070
24.24.070 Control of business—Officers. The management and control of the business and property of such corporation shall be fixed in said board of trustees or board of
directors, as the case may be. Said trustees or directors shall
elect from their own number at each annual meeting of the
corporation a president, vice president, secretary and trea(2004 Ed.)
Granges
surer, who shall perform the duties of their respective office
in accordance with the bylaws of the corporation and the
rules and regulations prescribed by the board of trustees or
board of directors. [1927 c 190 § 7; RRS § 3887-7.]
24.24.080
24.24.080 Right of corporations under the statutes.
Any corporation composed of fraternal organizations and/or
members of fraternal organizations, heretofore incorporated
under the laws of the state of Washington, may elect to subject [the] corporation and its capital stock and the rights of its
stockholders therein to the provisions of this chapter by a
majority vote of its trustees or directors and the unanimous
assent or vote of the capital stock of such corporation.
If the unanimous written assent of the capital stock has
not been obtained then the unanimous vote of all of the stockholders may be taken at any regular meeting of the stockholders or at any special meeting of the stockholders called for
that purpose in the manner provided by the bylaws of such
corporation for special meetings of the stockholders.
The president and secretary of such corporation shall
certify said amendment in triplicate under the seal of such
corporation as having been adopted by a majority vote of its
trustees or directors and by the unanimous written assent or
vote as the case may be of all of its stockholders, and file and
keep the same as in the case of original articles; and from the
time of filing said certificate such corporation and its capital
stock and the rights of its stockholders therein shall be subject
to all of the provisions of this chapter; PROVIDED, That
nothing in this chapter shall affect the rights of the third person, pledgees of any shares of such capital stock, in such
pledged stock, under pledges subsisting at the date of the filing of said amendment. [1927 c 190 § 8; RRS § 3887-8.]
24.24.090
24.24.090 Certificates of capital stock. All certificates
of capital stock of corporations incorporated under or becoming subject to the provisions of this chapter shall have
expressly stated on the face thereof that such corporation and
its capital stock and the rights of stockholders therein are subject to the provisions of this chapter and that its capital stock
is not assignable or transferable except as in this chapter provided. [1927 c 190 § 9; RRS § 3887-9.]
24.24.100
24.24.100 Fees. The secretary of state shall file such
articles of incorporation or amendment thereto in the secretary of state's office and issue a certificate of incorporation or
amendment, as the case may be, to such fraternal association
upon the payment of a fee in the sum of twenty dollars. [1993
c 269 § 11; 1982 c 35 § 167; 1927 c 190 § 10; RRS § 388710.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.24.110
24.24.110 Exemption from ordinary corporate taxes.
Such fraternal association shall be a body politic and corporate with all powers and incidents of a corporation upon its
compliance with the provisions of this chapter; PROVIDED,
HOWEVER, That such fraternal corporation shall not be subject to any license fee or other corporate tax of commercial
corporations. [1927 c 190 § 11; RRS § 3887-11.]
(2004 Ed.)
24.28.020
24.24.120 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.24.120
24.24.130 Administrative dissolution or revocation of
a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to
this chapter. [1997 c 12 § 6.]
24.24.130
Chapter 24.28
Chapter 24.28 RCW
GRANGES
Sections
24.28.010
24.28.020
24.28.030
24.28.035
24.28.040
24.28.045
24.28.050
Manner of incorporating a grange.
In what pursuits such corporation may engage.
General rights and liabilities.
Indemnification of agents of any corporation authorized.
Use of term "grange"—"Person" defined.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from name
of governmental entity—Application by governmental
entity.
Fees for services by secretary of state.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
24.28.010 Manner of incorporating a grange. Any
grange of the patrons of husbandry, desiring hereafter to
incorporate, may incorporate and become bodies politic in
this state, by filing in the office of the secretary of state of
Washington, a certificate or article subscribed and acknowledged by not less than five members of such grange and by
the master of the Washington state grange embodying:
(1) The name of such grange and the place of holding its
meetings.
(2) What elective officers the said grange will have,
when such officers shall be elected; how, and by whom, the
business of the grange shall be conducted or managed, and
what officers shall join in the execution of any contract by
such grange to give force and effect in accordance with the
usages of the order of the patrons of husbandry; such articles
shall be subscribed by the master of such grange attested by
the secretary, with the seal of the grange.
(3) A copy of the bylaws of such grange shall also be
filed in the said office of the secretary of state.
(4) The names of all such officers at the time of filing the
application, and the time for which they may be respectively
elected. When such articles shall be filed, such grange shall
be a body politic and corporate, with all the incidents of a corporation, subject nevertheless to the laws and parts of laws
now in force or hereafter to be passed regulating corporations. [1981 c 302 § 13; 1959 c 207 § 1; 1875 p 97 § 1; RRS
§ 3901. FORMER PART OF SECTION: 1875 c 97 § 2, part,
now codified in RCW 24.28.020.]
24.28.010
Severability—1981 c 302: See note following RCW 19.76.100.
24.28.020
24.28.020 In what pursuits such corporation may
engage. Said grange may engage in any industrial pursuit,
manufacturing, mining, milling, wharfing, docking, commercial, mechanical, mercantile, building, farming, building,
equipping or running railroads, or generally engage in any
species of trade or industry; loan money on security, purchase
and sell on real estate, but when desiring to engage in either
[Title 24 RCW—page 59]
24.28.030
Title 24 RCW: Corporations and Associations (Nonprofit)
or any of the above pursuits or industries, said grange shall be
subject to all the conditions and liabilities imposed by the
provisions of the general corporation laws, and in addition to
the conditions to be performed as recited in RCW 24.28.010,
shall file additional articles with said secretary of state stating
the object, business or industry proposed to be pursued or
engaged in; the amount of capital stock, the time of its existence, not to exceed fifty years; the number of shares of which
the capital stock shall consist, and price per share, and the
names of officers necessary to manage said business, and the
places where said officers shall pursue the same. [1981 c 302
§ 14; 1875 p 97 § 2; RRS § 3902. Formerly RCW 24.28.010,
part and 24.28.020.]
Severability—1981 c 302: See note following RCW 19.76.100.
24.28.030
24.28.030 General rights and liabilities. As a business
corporation said grange, after having complied with RCW
24.28.020, shall be to all intents and purposes a domestic corporation, with all the rights, privileges and immunities
allowed, and all the liabilities imposed by chapter one of the
act entitled "an act to provide for the formation of corporations," approved November 13, 1873. [1875 p 98 § 3; RRS §
3903.]
Reviser's note: The reference to chapter one of the 1873 act relates to
the general corporation act in effect at the time the above section was
enacted. Such general corporation laws were also compiled as Code 1881 §§
2421-2449. See also table of prior laws following the Title 23 RCW digest.
24.28.035
24.28.035 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
Chapter 24.34
Chapter 24.34 RCW
AGRICULTURAL PROCESSING AND
MARKETING ASSOCIATIONS
Sections
24.34.010
24.34.020
Who may organize—Purposes—Limitations.
Monopoly or restraint of trade—Complaint—Procedure.
Agricultural marketing: Chapters 15.65, 15.66 RCW.
24.34.010
24.34.010 Who may organize—Purposes—Limitations. Persons engaged in the production of agricultural
products as farmers, planters, ranchmen, dairymen, nut growers or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in intrastate commerce, such products of persons so
engaged. Such associations may have marketing agencies in
common; and such associations and their members may make
the necessary contracts and agreements to effect such purposes: PROVIDED, That such associations are operated for
the mutual benefit of the members thereof, as such producers,
and conform to one or both of the following requirements:
First. That no member of the association is allowed more
than one vote because of the amount of stock or membership
capital he may own therein, or,
Second. That the association does not pay dividends on
stock or membership capital in excess of eight percent per
annum.
And in any case to the following:
Third. That the association shall not deal in the products
of nonmembers to an amount greater in value than such as are
handled by it for members. [1967 c 187 § 1.]
24.28.040
24.28.040 Use of term "grange"—"Person" defined.
No person, doing business in this state shall be entitled to use
or to register the term "grange" as part or all of his business
name or other name or in connection with his products or services, or otherwise, unless either (1) he has complied with the
provisions of this chapter or (2) he has obtained written consent of the Washington state grange certified thereto by its
master. Any person violating the provisions of this section
may be enjoined from using or displaying such name and
doing business under such name at the instance of the Washington state grange or any grange organized under this chapter, or any member thereof: PROVIDED, That nothing
herein shall prevent the continued use of the term "grange" by
any person using said name prior to the adoption of *this act.
For the purposes of this section "person" shall include
any person, partnership, corporation, or association of individuals. [1959 c 207 § 2.]
*Reviser's note: "this act" first appeared in chapter 207, Laws of 1959,
section 1 of which amended RCW 24.28.010.
24.28.045
24.28.045 Administrative dissolution or revocation of
a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity. RCW 23B.14.203 applies to
this chapter. [1997 c 12 § 7.]
24.28.050
24.28.050 Fees for services by secretary of state. See
RCW 43.07.120.
[Title 24 RCW—page 60]
24.34.020
24.34.020 Monopoly or restraint of trade—Complaint—Procedure. If the attorney general has reason to
believe that any such association as provided for in RCW
24.34.010 monopolizes or restrains trade to such an extent
that the price of any agricultural product is unduly enhanced
by reason thereof, he shall serve upon such association a
complaint stating his charge in that respect, to which complaint shall be attached, or contained therein, a notice of hearing, specifying a day and place not less than thirty days after
the service thereof, requiring the association to show cause
why an order should not be made directing it to cease and
desist from monopolization or restraint of trade.
Such hearing, and any appeal which may be made from
such hearing, shall be conducted and held subject to and in
conformance with the provisions for adjudicative proceedings and judicial review in chapter 34.05 RCW, the Administrative Procedure Act. [1989 c 175 § 75; 1967 c 187 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Chapter 24.36
Chapter 24.36 RCW
FISH MARKETING ACT
Sections
24.36.010
24.36.020
24.36.030
24.36.040
24.36.050
24.36.055
Short title.
Declaration of purpose.
Definitions.
Associations deemed nonprofit.
General laws relating to corporations for profit applicable.
Fees for services by secretary of state.
(2004 Ed.)
Fish Marketing Act
24.36.060
24.36.070
24.36.080
24.36.090
24.36.100
24.36.110
24.36.120
24.36.130
24.36.140
24.36.150
24.36.160
24.36.170
24.36.180
24.36.190
24.36.200
24.36.210
24.36.220
24.36.230
24.36.240
24.36.250
24.36.260
24.36.270
24.36.280
24.36.290
24.36.300
24.36.310
24.36.320
24.36.330
24.36.340
24.36.350
24.36.360
24.36.370
24.36.380
24.36.390
24.36.400
24.36.410
24.36.420
24.36.430
24.36.440
24.36.450
24.36.460
24.36.470
Securities act inapplicable.
Associations deemed not a conspiracy, in restraint of trade,
etc.—Contracts not illegal.
Conflicting laws not applicable—Exemptions apply.
Merger, consolidation of associations authorized—Procedure.
Stock associations—Statement in articles.
Stock associations—Classified shares—Statement in articles.
Nonstock associations—Statement in articles.
Bylaws of association.
Bylaws of association—Transfer of stock, membership certificates limited.
Bylaws of association—Quorum, voting, directors, penalties.
Bylaws of association—Fees, charges, marketing contract,
dividends.
Bylaws of association—Membership.
Bylaws of association—Meetings.
Bylaws of association—Direct election of directors from districts of territory.
Bylaws of association—Election of directors by representatives or advisers from districts of territory.
Bylaws of association—Primary elections to nominate directors.
Bylaws of association—Nomination of directors by public
officials or other directors—Limitation.
Bylaws of association—Terms of directors—Staggering.
Bylaws of association—Executive committee.
Qualifications of members, stockholders.
Certificate of membership in nonstock associations.
Liability of member for association's debts.
Place of membership meetings.
Appraisal of expelled member's property—Payment.
Powers of association—General scope of activities.
Powers of association—Incurring indebtedness—Advances to
members.
Association as agent for member.
Reserves—Investments.
Powers relating to capital stock or bonds of other corporations
or associations.
Powers relating to real or personal property.
Levy of assessments.
General powers, rights, privileges of association.
Use of association's facilities—Disposition of proceeds.
Power of association to form, control, own stock in or be member of another corporation or association—Warehouse
receipts.
Contracts and agreements with other corporations or associations—Joint operations.
Marketing contracts with members.
When title passes on sale by member to association.
Association may sell products without taking title—Powers
and duties.
Liability of member for breach of marketing contract.
Injunctions, specific performance if breach or threatened
breach by member.
Presumption that landlord or lessor can control delivery—
Remedies for nondelivery or breach.
Enforcement by association to secure delivery by member.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
24.36.090
(2) "Member" includes members of associations without
capital stock and holders of common stock in associations
organized with shares of stock.
(3) "Association" means any corporation organized
under this chapter. [1959 c 312 § 3.]
24.36.040
24.36.040 Associations deemed nonprofit. Associations shall be deemed "nonprofit", inasmuch as they are not
organized to make profit for themselves, as such, or for their
members, as such, but only for their members as producers of
fishery products. [1959 c 312 § 4.]
24.36.050
24.36.050 General laws relating to corporations for
profit applicable. The provisions of Title 23B RCW and all
powers and rights thereunder, apply to associations, except
where such provisions are in conflict with or inconsistent
with the express provisions of this chapter. [1991 c 72 § 45;
1959 c 312 § 5.]
24.36.055
24.36.055 Fees for services by secretary of state. See
RCW 43.07.120.
24.36.060
24.36.060 Securities act inapplicable. No association
is subject in any manner to the terms of chapter 21.20 RCW
and all associations may issue their membership certificates
or stock or other securities as provided in this division without the necessity of any permit from the director of licenses.
[1983 c 3 § 27; 1959 c 312 § 6.]
24.36.070
24.36.070 Associations deemed not a conspiracy, in
restraint of trade, etc.—Contracts not illegal. An association shall be deemed not to be a conspiracy, nor a combination in restraint of trade nor an illegal monopoly; nor an
attempt to lessen competition or to fix prices arbitrarily or to
create a combination or pool in violation of any law of the
state; and the marketing contracts and agreements between
the association and its members and any agreements authorized in this chapter shall be considered not to be illegal nor
in restraint of trade nor contrary to the provisions of any statute enacted against pooling or combinations. [1959 c 312 §
7.]
24.36.080
24.36.010
24.36.010 Short title. This chapter may be cited as
"The Fish Marketing Act". [1959 c 312 § 1.]
24.36.020
24.36.020 Declaration of purpose. The purpose of this
chapter is to promote, foster, and encourage the intelligent
and orderly marketing of fish and fishery products through
cooperation; to eliminate speculation and waste; to make the
distribution of fish and fishery products between producer
and consumer as direct as can be efficiently done; and to stabilize the marketing of fish and fishery products. [1959 c 312
§ 2.]
24.36.030
24.36.030 Definitions. As used in this chapter:
(1) "Fishery products" includes fish, crustaceans, mollusks, and marine products for human consumption.
(2004 Ed.)
24.36.080 Conflicting laws not applicable—Exemptions apply. Any provisions of law which are in conflict with
this chapter shall not be construed as applying to associations. Any exemptions under any laws applying to fishery
products in the possession or under the control of the individual producer shall apply similarly and completely to such
fishery products delivered by its members, in the possession
or under the control of the association. [1959 c 312 § 8.]
24.36.090
24.36.090 Merger, consolidation of associations
authorized—Procedure. Any two or more associations
may be merged into one such constituent association or consolidated into a new association. Such merger or consolidation shall be made in the manner prescribed by RCW
23B.07.050 and chapter 23B.11 RCW for domestic corporations. [1991 c 72 § 46; 1983 c 3 § 28; 1959 c 312 § 9.]
[Title 24 RCW—page 61]
24.36.100
Title 24 RCW: Corporations and Associations (Nonprofit)
24.36.100
24.36.100 Stock associations—Statement in articles.
If the association is organized with shares of stock, the articles shall state the number of shares which may be issued and
if the shares are to have a par value, the par value of each
share, and the aggregate par value of all shares; and if the
shares are to be without par value it shall be so stated. [1959
c 312 § 10.]
24.36.110
24.36.110 Stock associations—Classified shares—
Statement in articles. If the shares are to be classified, the
articles shall contain a description of the classes of shares and
a statement of the number of shares of each kind or class and
the nature and extent of the preferences, rights, privileges and
restrictions granted to or imposed upon the holders of the
respective classes of stock. [1959 c 312 § 11.]
24.36.120
24.36.120 Nonstock associations—Statement in articles. If the association is organized without shares of stock,
the articles shall state whether the voting power and the property rights and interest of each member are equal or unequal;
and if unequal the general rule or rules applicable to all members by which the voting power and the property rights and
interests, respectively, of each member may be and are determined and fixed; and shall also provide for the admission of
new members who shall be entitled to vote and to share in the
property of the association with the old members, in accordance with such general rule or rules. [1959 c 312 § 12.]
24.36.130
24.36.130 Bylaws of association. Each association
shall within thirty days after its incorporation, adopt for its
government and management, a code of bylaws, not inconsistent with this chapter. A majority vote of the members or
shares of stock issued and outstanding and entitled to vote, or
the written assent of a majority of the members or of stockholders representing a majority of all the shares of stock
issued and outstanding and entitled to vote, is necessary to
adopt such bylaws and is effectual to repeal or amend any
bylaws or to adopt additional bylaws. The power to repeal
and amend the bylaws, and adopt new bylaws, may, by a similar vote, or similar written assent, be delegated to the board
of directors, which authority may, by a similar vote, or similar written assent, be revoked. [1959 c 312 § 13.]
24.36.140
24.36.140 Bylaws of association—Transfer of stock,
membership certificates limited. The bylaws shall prohibit
the transfer of the common stock or membership certificates
of the associations to persons not engaged in the production
of the products handled by the association. [1959 c 312 § 14.]
(5) Penalties for violations of the bylaws. [1959 c 312 §
15.]
24.36.160
24.36.160 Bylaws of association—Fees, charges, marketing contract, dividends. The bylaws may provide:
(1) The amount of entrance, organization and membership fees, if any; the manner and method of collection of the
same; and the purposes for which they may be used.
(2) The amount which each member shall be required to
pay annually, or from time to time, if at all, to carry on the
business of the association; the charge, if any, to be paid by
each member for services rendered by the association to him
and the time of payment and the manner of collection; and the
marketing contract between the association and its members
which every member may be required to sign.
(3) The amount of any dividends which may be declared
on the stock or membership capital, which dividends shall not
exceed eight percent per annum and which dividends shall be
in the nature of interest and shall not affect the nonprofit
character of any association organized hereunder. [1959 c
312 § 16.]
24.36.170
24.36.170 Bylaws of association—Membership. The
bylaws may provide:
(1) The number and qualification of members of the
association and the conditions precedent to membership or
ownership of common stock.
(2) The method, time and manner of permitting members
to withdraw or the holders of common stock to transfer their
stock.
(3) The manner of assignment and transfer of the interest
of members and of the shares of common stock.
(4) The conditions upon which and time when membership of any member shall cease.
(5) For the automatic suspension of the rights of a member when he ceases to be eligible to membership in the association; and the mode, manner and effect of the expulsion of
a member.
(6) The manner of determining the value of a member's
interest and provision for its purchase by the association upon
the death or withdrawal of a member or upon the expulsion of
a member or forfeiture of his membership, or at the option of
the association, the purchase at a price fixed by conclusive
appraisal by the board of directors; and the conditions and
terms for the repurchase by the corporation from its stockholders of their stock upon their disqualification as stockholders. [1959 c 312 § 17.]
24.36.180
24.36.150
24.36.150 Bylaws of association—Quorum, voting,
directors, penalties. The bylaws may provide:
(1) The number of members constituting a quorum.
(2) The right of members to vote by proxy or by mail or
both, and the conditions, manner, form and effects of such
votes; the right of members to cumulate their votes and the
prohibition, if desired, of cumulative voting.
(3) The number of directors constituting a quorum.
(4) The qualifications, compensation and duties and term
of office of directors and officers and the time of their election.
[Title 24 RCW—page 62]
24.36.180 Bylaws of association—Meetings. The
bylaws may provide for the time, place, and manner of calling and conducting meetings of the association. [1959 c 312
§ 18.]
24.36.190
24.36.190 Bylaws of association—Direct election of
directors from districts of territory. The bylaws may provide that the territory in which the association has members
shall be divided into districts and that directors shall be
elected from the several districts. In such case, the bylaws
shall specify the number of directors to be elected by each
district, the manner and method of reapportioning the direc(2004 Ed.)
Fish Marketing Act
tors and of redistricting the territory covered by the association. [1959 c 312 § 19.]
24.36.200
24.36.200 Bylaws of association—Election of directors by representatives or advisers from districts of territory. The bylaws may provide that the territory in which the
association has members shall be divided into districts, and
that the directors shall be elected by representatives or advisers, who themselves have been elected by the members from
the several territorial districts. In such case, the bylaws shall
specify the number of representatives or advisers to be
elected by each district, the manner and method of reapportioning the representatives or advisers and of redistricting the
territory covered by the association. [1959 c 312 § 20.]
24.36.210
24.36.210 Bylaws of association—Primary elections
to nominate directors. The bylaws may provide that primary elections shall be held to nominate directors. Where the
bylaws provide that the territory in which the association has
members shall be divided into districts, the bylaws may also
provide that the results of the primary elections in the various
districts shall be final and shall be ratified at the annual meeting of the association. [1959 c 312 § 21.]
24.36.330
(2) If a member of a nonstock association is other than a
natural person, such member may be represented by any individual duly authorized in writing.
(3) One association may become a member or stockholder of any other association. [1959 c 312 § 25.]
24.36.260
24.36.260 Certificate of membership in nonstock
associations. When a member of an association established
without shares of stock has paid his membership fee in full,
he shall receive a certificate of membership. [1959 c 312 §
26.]
24.36.270
24.36.270 Liability of member for association's
debts. No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on
his membership fee or his subscription to the capital stock,
including any unpaid balance on any promissory note given
in payment thereof. [1959 c 312 § 27.]
24.36.280
24.36.280 Place of membership meetings. Meetings
of members shall be held at the place as provided in the
bylaws; and if no provision is made, in the city where the
principal place of business is located at a place designated by
the board of directors. [1959 c 312 § 28.]
24.36.220
24.36.220 Bylaws of association—Nomination of
directors by public officials or other directors—Limitation. The bylaws may provide that one or more directors may
be nominated by any public official or commission or by the
other directors selected by the members. Such directors shall
represent primarily the interest of the general public in such
associations. The directors so nominated need not be members of the association, but shall have the same powers and
rights as other directors. Such directors shall not number
more than one-fifth of the entire number of directors. [1959
c 312 § 22.]
24.36.230
24.36.230 Bylaws of association—Terms of directors—Staggering. The bylaws may provide that directors
shall be elected for terms of from one to five years: PROVIDED, That at each annual election the same fraction of the
total number of directors shall be elected as one year bears to
the number of years of the term of office. [1959 c 312 § 23.]
24.36.290
24.36.290 Appraisal of expelled member's property—Payment. In case of the expulsion of a member, and
where the bylaws do not provide any procedure or penalty,
the board of directors shall equitably and conclusively
appraise his property interest in the association and shall fix
the amount thereof in money, which shall be paid to him
within one year after such expulsion. [1959 c 312 § 29.]
24.36.300
24.36.300 Powers of association—General scope of
activities. An association may:
Engage in any activity in connection with the marketing,
selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or utilization of any fishery products produced or delivered to it by
its members; or the manufacturing or marketing of the
byproducts thereof; or any activity in connection with the
purchase, hiring, or use by its members of supplies, machinery, or equipment, or in the financing of any such activities.
[1959 c 312 § 30.]
24.36.240
24.36.240 Bylaws of association—Executive committee. The bylaws may provide for an executive committee and
may allot to such committee all the functions and powers of
the board of directors, subject to the general direction and
control of the board. [1959 c 312 § 24.]
24.36.250
24.36.250 Qualifications of members, stockholders.
(1) Under the terms and conditions prescribed in the bylaws,
an association may admit as members, or issue common
stock to, only such persons as are engaged in the production
of fishery products to be handled by or through the association, including the lessees and tenants of boats and equipment
used for the production of such fishery products and any lessors and landlords who receive as rent all or part of the fish
produced by such leased equipment.
(2004 Ed.)
24.36.310
24.36.310 Powers of association—Incurring indebtedness—Advances to members. An association may borrow without limitation as to amount of corporate indebtedness or liability and may make advances to members. [1959
c 312 § 31.]
24.36.320
24.36.320 Association as agent for member. An association may act as the agent or representative of any member
or members in any of the two next preceding sections. [1959
c 312 § 32.]
24.36.330
24.36.330 Reserves—Investments. An association
may establish reserves and invest the funds thereof in bonds
or in such other property as may be provided in the bylaws.
[1959 c 312 § 33.]
[Title 24 RCW—page 63]
24.36.340
Title 24 RCW: Corporations and Associations (Nonprofit)
24.36.340
24.36.340 Powers relating to capital stock or bonds of
other corporations or associations. An association may
purchase or otherwise acquire, hold, own, and exercise all
rights of ownership in, sell, transfer, pledge, or guarantee the
payment of dividends or interest on, or the retirement or
redemption of, shares of the capital stock or bonds of any corporation or association engaged in any related activity or in
the warehousing or handling or marketing or packing or manufacturing or processing or preparing for market of any of the
fishery products handled by the association. [1959 c 312 §
34.]
24.36.350
24.36.350 Powers relating to real or personal property. An association may buy, hold and exercise all privileges or ownership, over such real or personal property as
may be necessary or convenient for the conduct and operation
of any of the business of the association, or incidental thereto.
[1959 c 312 § 35.]
24.36.360
24.36.360 Levy of assessments. An association may
levy assessments in the manner and in the amount provided in
its bylaws. [1959 c 312 § 36.]
24.36.370
24.36.370 General powers, rights, privileges of association. An association may do each and every thing necessary, suitable or proper for the accomplishment of any one of
the purposes or the attainment of any one or more of the
objects enumerated in this chapter; or conducive to or expedient for the interest or benefit of the association; and contract accordingly; and in addition exercise and possess all
powers, rights and privileges necessary or incidental to the
purposes for which the association is organized or to the
activities in which it is engaged; and, in addition, any other
rights, powers and privileges granted by the laws of this state
to ordinary corporations, except such as are inconsistent with
the express provisions of this chapter; and do any such thing
anywhere. [1959 c 312 § 37.]
24.36.380
24.36.380 Use of association's facilities—Disposition
of proceeds. An association may use or employ any of its
facilities for any purpose: PROVIDED, That the proceeds
arising from such use and employment go to reduce the cost
of operation for its members; but the fishery products of nonmembers shall not be dealt in to an amount greater in value
than such as are handled by it for its members. [1959 c 312 §
38.]
24.36.390
24.36.390 Power of association to form, control, own
stock in or be member of another corporation or association—Warehouse receipts. An association may organize,
form, operate, own, control, have an interest in, own stock of,
or be a member of any other corporation or corporations, with
or without capital stock and engaged in preserving, drying,
processing, canning, packing, storing, handling, shipping,
utilizing, manufacturing, marketing, or selling of the fishery
products handled by the association, or the byproducts
thereof.
If such corporations are warehousing corporations, they
may issue legal warehouse receipts to the association against
the commodities delivered by it, or to any other person and
[Title 24 RCW—page 64]
such legal warehouse receipts shall be considered as adequate
collateral to the extent of the usual and current value of the
commodity represented thereby. In case such warehouse is
licensed or licensed and bonded under the laws of this state or
the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or
delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association. [1959 c 312 § 39.]
24.36.400
24.36.400 Contracts and agreements with other corporations or associations—Joint operations. Any association may, upon resolution adopted by its board of directors,
enter into all necessary and proper contracts and agreements
and make all necessary and proper stipulations, agreements
and contracts and arrangements with any other cooperative or
other corporation, association, or associations, formed in this
or in any other state, for the cooperative and more economical carrying on of its business or any part or parts thereof.
Any two or more associations may, by agreement between
them, unite in employing and using or may separately employ
and use the same personnel, methods, means, and agencies
for carrying on and conducting their respective business.
[1959 c 312 § 40.]
24.36.410
24.36.410 Marketing contracts with members. An
association and its members may make and execute marketing contracts, requiring the members to sell, for any period of
time, not over fifteen years, all or any specified part of their
fishery products or specified commodities exclusively to or
through the association or any facilities to be created by the
association. [1959 c 312 § 41.]
24.36.420
24.36.420 When title passes on sale by member to
association. If the members contract a sale to the association, it shall be conclusively held that title to the products
passes absolutely and unreservedly, except for recorded liens,
to the association upon delivery or at any other time expressly
and definitely specified in the contract. [1959 c 312 § 42.]
24.36.430
24.36.430 Association may sell products without taking title—Powers and duties. The contract may provide
that the association may sell or resell the fishery products
delivered by its members, with or without taking title thereto;
and pay over to its members the resale price, after deducting
all necessary selling, overhead, and other costs and expenses,
including interest on preferred stock, not exceeding eight percent per annum, and reserves for retiring the stock, if any; and
other proper reserves; and interest not exceeding eight percent per annum upon common stock. [1959 c 312 § 43.]
24.36.440
24.36.440 Liability of member for breach of marketing contract. The marketing contract may fix, as liquidated
damages, specific sums to be paid by the member to the association upon the breach by him of any provision of the marketing contract regarding the sale or delivery or withholding
of fishery products; and may further provide that the member
will pay all costs, premiums for bonds, expenses and fees, in
case any action is brought upon the contract by the association; and any such provisions shall be valid and enforceable
(2004 Ed.)
Tax Reform Act of 1969, State Implementation—Not for Profit Corporations
in the courts of this state; and such clauses providing for liquidated damages shall be enforceable as such and shall not be
regarded as penalties. [1959 c 312 § 44.]
24.40.060
shall apply only for its federal taxable years beginning after
December 31, 1971. [1971 c 59 § 2.]
24.40.020
24.36.450
24.36.450 Injunctions, specific performance if
breach or threatened breach by member. In the event of
any such breach or threatened breach of such marketing contract by a member the association shall be entitled to an
injunction to prevent the further breach of the contract and to
a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint
showing the breach or threatened breach, and upon filing sufficient bond, the association shall be entitled to a temporary
restraining order and preliminary injunction against the member. [1959 c 312 § 45.]
24.36.460
24.36.460 Presumption that landlord or lessor can
control delivery—Remedies for nondelivery or breach. In
any action upon such marketing agreements, it shall be conclusively presumed that a landlord or lessor is able to control
the delivery of fishery products produced by his equipment
by tenants, or others, whose tenancy or possession or work on
such equipment or the terms of whose tenancy or possession
or labor thereon were created or changed after execution by
the landlord or lessor, of such a marketing agreement; and in
such actions, the foregoing remedies for nondelivery or
breach shall lie and be enforceable against such landlord or
lessor. [1959 c 312 § 46.]
24.36.470
24.36.470 Enforcement by association to secure
delivery by member. A contract entered into by a member
of an association, providing for the delivery to such association of products produced or acquired by the member, may be
specifically enforced by the association to secure the delivery
to it of such fishery products, any provisions of law to the
contrary notwithstanding. [1959 c 312 § 47.]
24.40.020 Articles of incorporation deemed to contain prohibiting provisions. The articles of incorporation of
every corporation to which this chapter applies shall be
deemed to contain provisions prohibiting the corporation
from:
(1) Engaging in any act of "self-dealing" (as defined in
section 4941(d) of the Internal Revenue Code of 1954),
which would give rise to any liability for the tax imposed by
section 4941(a) of the Internal Revenue Code of 1954;
(2) Retaining any "excess business holdings" (as defined
in section 4943(c) of the Internal Revenue Code of 1954),
which would give rise to any liability for the tax imposed by
section 4943(a) of the Internal Revenue Code of 1954;
(3) Making any investment which would jeopardize the
carrying out of any of its exempt purposes, within the meaning of section 4944 of the Internal Revenue Code of 1954, so
as to give rise to any liability for the tax imposed by section
4944(a) of the Internal Revenue Code of 1954; and
(4) Making any "taxable expenditures" (as defined in
section 4945(d) of the Internal Revenue Code of 1954) which
would give rise to any liability for the tax imposed by section
4945(a) of the Internal Revenue Code of 1954. [1971 c 59 §
3.]
24.40.030
24.40.030 Articles of incorporation deemed to contain provisions for distribution. The articles of incorporation of every corporation to which this chapter applies shall
be deemed to contain a provision requiring such corporation
to distribute, for the purposes specified in its articles of incorporation, for each taxable year, amounts at least sufficient to
avoid liability for the tax imposed by section 4942(a) of the
Internal Revenue Code of 1954. [1971 c 59 § 4.]
24.40.040
Chapter 24.40
Chapter 24.40 RCW
TAX REFORM ACT OF 1969, STATE
IMPLEMENTATION—NOT FOR
PROFIT CORPORATIONS
Sections
24.40.010
24.40.020
24.40.030
24.40.040
24.40.050
24.40.060
24.40.070
24.40.080
24.40.010
Application.
Articles of incorporation deemed to contain prohibiting provisions.
Articles of incorporation deemed to contain provisions for distribution.
Rights, powers, of courts, attorney general, not impaired.
Construction of references to federal code.
Present articles of incorporation may be amended—Application to new corporation.
Severability—1971 c 59.
Tax reform act of 1969, state implementation—Charitable
trusts.
24.40.010 Application. This chapter shall apply to
every not for profit corporation to which Title 24 RCW
applies, and which is a "private foundation" as defined in section 509 of the Internal Revenue Code of 1954, and which has
been or shall be incorporated under the laws of the state of
Washington after December 31, 1969. As to any such corporation so incorporated before January 1, 1970, this chapter
(2004 Ed.)
24.40.040 Rights, powers, of courts, attorney general,
not impaired. Nothing in this chapter shall impair the rights
and powers of the courts or the attorney general of this state
with respect to any corporation. [1971 c 59 § 5.]
24.40.050
24.40.050 Construction of references to federal code.
All references to sections of the Internal Revenue Code of
1954 shall include future amendments to such sections and
corresponding provisions of future internal revenue laws.
[1971 c 59 § 6.]
24.40.060
24.40.060 Present articles of incorporation may be
amended—Application to new corporation. Nothing in
this chapter shall limit the power of any corporation not for
profit now or hereafter incorporated under the laws of the
state of Washington
(1) to at any time amend its articles of incorporation or
other instrument governing such corporation by any amendment process open to such corporation under the laws of the
state of Washington to provide that some or all provisions of
RCW 24.40.010 and 24.40.020 shall have no application to
such corporation; or
(2) in the case of any such corporation formed after June
10, 1971, to provide in its articles of incorporation that some
[Title 24 RCW—page 65]
24.40.070
Title 24 RCW: Corporations and Associations (Nonprofit)
or all provisions of RCW 24.40.010 and 24.40.020 shall have
no application to such corporation. [1971 c 59 § 7.]
24.40.070 Severability—1971 c 59. If any provision of
RCW 24.40.010 through 24.40.070 or the application thereof
is held invalid, such invalidity shall not affect the other provisions or applications of RCW 24.40.010 through 24.40.070
which can be given effect without the invalid provision or
application, and to this end the provisions of RCW 24.40.010
through 24.40.070 are declared to be severable. [1971 c 59 §
8.]
24.40.070
24.40.080 Tax reform act of 1969, state implementation—Charitable trusts. See RCW 11.110.200 through
11.110.260.
24.40.080
property is transferred to or held by an institution as an institutional fund. [1973 c 17 § 1.]
24.44.020
24.44.020 Appropriation of appreciation. The governing board may appropriate for expenditure for the uses and
purposes for which an endowment fund is established so
much of the net appreciation, realized and unrealized, in the
fair value of the assets of an endowment fund over the historic dollar value of the fund as is prudent under the standard
established by RCW 24.44.050. This section does not limit
the authority of the governing board to expend funds as permitted under other law, the terms of the applicable gift instrument, or the character [charter] of an institution. [1973 c 17
§ 2.]
24.44.030
Chapter 24.44 RCW
UNIFORM MANAGEMENT OF INSTITUTIONAL
FUNDS ACT
Chapter 24.44
Sections
24.44.010
24.44.020
24.44.030
24.44.040
24.44.050
24.44.060
24.44.070
24.44.080
24.44.090
24.44.900
Definitions.
Appropriation of appreciation.
Investment authority.
Delegation of investment management.
Standard of conduct.
Release of restrictions on use or investments.
Uniformity of application and construction.
Short title.
Section headings.
Severability—1973 c 17.
24.44.010 Definitions. As used in this chapter:
(1) "Institution" means an incorporated or unincorporated organization organized and operated exclusively for
educational, religious, charitable, or other eleemosynary purposes or a governmental organization to the extent that it
holds funds exclusively for any of these purposes;
(2) "Institutional fund" means a fund held by an institution for its exclusive use, benefit or purposes, but does not
include (a) a fund held for an institution by a trustee which is
not an institution, or (b) a fund in which a beneficiary which
is not an institution has an interest other than possible rights
which could arise upon violation or failure of the purposes of
the fund;
(3) "Endowment fund" means an institutional fund, or
any part thereof, which is not wholly expendable by the institution on a current basis under the terms of the applicable gift
instrument;
(4) "Governing board" means the body responsible for
the management of an institution or of an institutional fund;
(5) "Historic dollar value" means the fair value in dollars
of an endowment fund at the time it first became an endowment fund, plus the fair value in dollars of each subsequent
donation to the fund at the time it is made, plus the fair value
in dollars of each accumulation made pursuant to a direction
in the applicable gift instrument at the time the accumulation
is added to the fund. The determination of historic dollar
value made in good faith by the institution is conclusive;
(6) "Gift instrument" means a will, deed, grant, conveyance, agreement, memorandum, writing, or other governing
document (including the terms of any institutional solicitations from which an institutional fund resulted) under which
24.44.010
[Title 24 RCW—page 66]
24.44.030 Investment authority. In addition to an
investment otherwise authorized by law or by the applicable
gift instrument, and without restriction to investments a fiduciary is authorized to make, the governing board (subject to
any specific limitations set forth in the applicable gift instrument or in applicable law other than law relating to investments a fiduciary is authorized to make) may:
(1) Invest and reinvest an institutional fund in any real or
personal property deemed advisable by the governing board,
whether or not it produces a current return, including mortgages, stocks and bonds, debentures, and other securities of
profit or nonprofit corporations, shares in or obligations of
associations, partnerships, or individuals, and obligations of
any government or subdivision or instrumentality thereof;
(2) Retain property contributed by a donor to an institutional fund for as long as the governing board deems advisable;
(3) Include all or any part of an institutional fund in any
pooled or common fund maintained by the institution; and
(4) Invest all or any part of an institutional fund in any
other pooled or common fund available for investment,
including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts, or similar organizations in
which funds are commingled and investment determinations
are made by persons other than the governing board. [1973 c
17 § 3.]
24.44.040
24.44.040 Delegation of investment management.
Except as otherwise provided by the applicable gift instrument or by applicable law relating to governmental institutions or funds, the governing board may:
(1) Delegate to its committees, to officers or employees
of the institution or the fund, or to agents (including investment counsel) the authority to act in place of the board in
investment and reinvestment of institutional funds;
(2) Contract with independent investment advisors,
investment counsel or managers, banks, or trust companies,
so to act; and
(3) Authorize the payment of compensation for investment advisory or management services. [1973 c 17 § 4.]
24.44.050
24.44.050 Standard of conduct. In the administration
of the powers to appropriate appreciation, to make and retain
investments, and to delegate investment management of
(2004 Ed.)
Foreign Trade Zones
institutional funds, members of a governing board shall exercise ordinary business care and prudence under the facts and
circumstances prevailing at the time of the action or decision,
and in so doing they shall consider long and short term needs
of the institution in carrying out its educational, religious,
charitable, or other eleemosynary purposes, its present and
anticipated financial requirements, expected total return on
its investments, price level trends, and general economic conditions. [1973 c 17 § 5.]
24.44.060
24.44.060 Release of restrictions on use or investments. (1) A restriction on the use or investment of an institutional fund imposed by the applicable gift instrument may
be released, entirely or in part, by the governing board with
the written consent of the donor.
(2) If consent of the donor cannot be obtained by reason
of the death, disability or unavailability, or impossibility of
identification of the donor, upon application of the governing
board, a restriction on the use or investment of an institutional fund imposed by the applicable gift instrument may be
released, entirely or in part, by order of the superior court
after reasonable notice to the attorney general and an opportunity for him to be heard, and upon a finding that the restriction on the use or investment of the fund is obsolete, inappropriate or impracticable. A release under this subsection may
not change an endowment fund to a fund which is not an
endowment fund.
(3) A release under this section may not allow a fund to
be used for purposes other than the educational, religious,
charitable, or other eleemosynary purposes of the institution
affected.
(4) The provisions of this section do not limit the application of the doctrine of cy pres. [1973 c 17 § 6.]
Chapter 24.46
24.46.020
Chapter 24.46 RCW
FOREIGN TRADE ZONES
Sections
24.46.010
24.46.020
Legislative finding—Intent.
Application for permission to establish, operate and maintain
foreign trade zones authorized.
Operation of foreign trade zones by port districts: RCW 53.08.030.
24.46.010 Legislative finding—Intent. It is the finding
of the legislature that foreign trade zones serve an important
public purpose by the creation of employment opportunities
within the state and that the establishment of zones designed
to accomplish this purpose is to be encouraged. It is the further intent of the legislature that the department of community, trade, and economic development provide assistance to
entities planning to apply to the United States for permission
to establish such zones. [1995 c 399 § 12; 1985 c 466 § 39;
1977 ex.s. c 196 § 1.]
24.46.010
Effective date—Severability—1985 c 466: See notes following RCW
43.31.125.
Effective date—1977 ex.s. c 196: "This 1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect on July 1, 1977." [1977 ex.s. c 196 § 8.]
24.46.020 Application for permission to establish,
operate and maintain foreign trade zones authorized. A
nonprofit corporation or organization, as zone sponsor, may
apply to the United States for permission to establish, operate, and maintain foreign trade zones: PROVIDED, That
nothing herein shall be construed to prevent these zones from
being operated and financed by a private corporation(s) on
behalf of said nonprofit corporation acting as zone sponsor.
[1977 ex.s. c 196 § 2.]
24.46.020
Effective date—1977 ex.s. c 196: See note following RCW 24.46.010.
24.44.070
24.44.070 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect
to the subject of this chapter among those states which enact
it. [1973 c 17 § 8.]
24.44.080
24.44.080 Short title. This chapter may be cited as the
"Uniform Management of Institutional Funds Act". [1973 c
17 § 9.]
24.44.090
24.44.090 Section headings. Section headings as used
in this chapter do not constitute any part of the law. [1973 c
17 § 10.]
24.44.900
24.44.900 Severability—1973 c 17. If any provision of
this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect
without the invalid provision or application, and to this end
the provisions of this act are declared to be severable. [1973
c 17 § 7.]
(2004 Ed.)
[Title 24 RCW—page 67]
Title 25
Title 25
PARTNERSHIPS
Chapters
25.04 General and limited liability partnerships.
25.05 Revised uniform partnership act.
25.10 Limited partnerships.
25.12 Limited partnerships existing prior to June 6,
1945.
25.15 Limited liability companies.
A person or partnership may transfer the right to the
exclusive use of a reserved name to any other person by filing
in the office of the secretary of state a notice of the transfer,
executed by the applicant for whom the name was reserved
and specifying the name and address of the transferee. [1998
c 102 § 7.]
Powers of appointment: Chapter 11.95 RCW.
Probate provisions relating to partnership property: Chapter 11.64 RCW.
Chapter 25.04
Chapter 25.04 RCW
GENERAL AND LIMITED
LIABILITY PARTNERSHIPS
(Formerly: General partnerships)
Sections
LIMITED LIABILITY PARTNERSHIPS
25.04.710
25.04.715
25.04.716
Registration—Application—Fee—Forms.
Name.
Name—Reservation of exclusive right—Filing.
Chapter 25.05 RCW
REVISED UNIFORM PARTNERSHIP ACT
Chapter 25.05
Sections
ARTICLE 1
GENERAL PROVISIONS
25.05.005
25.05.010
25.05.015
25.05.020
25.05.025
25.05.030
25.05.035
ARTICLE 2
NATURE OF PARTNERSHIP
LIMITED LIABILITY PARTNERSHIPS
25.04.710
25.04.710 Registration—Application—Fee—Forms.
Reviser's note: RCW 25.04.710 was amended by 1998 c 102 § 5 without reference to its repeal by 1998 c 103 § 1308. It has been decodified for
publication purposes under RCW 1.12.025.
Definitions.
Knowledge and notice.
Effect of partnership agreement—Nonwaivable provisions.
Supplemental principles of law.
Execution and filing of statements.
Governing law.
Partnership subject to amendment or repeal of chapter.
25.05.050
25.05.055
25.05.060
25.05.065
Partnership as entity.
Formation of partnership.
Partnership property.
When property is partnership property.
ARTICLE 3
RELATIONS OF PARTNERS TO PERSONS DEALING
WITH PARTNERSHIP
25.04.715
25.04.715 Name.
Reviser's note: RCW 25.04.715 was amended by 1998 c 102 § 6 without reference to its repeal by 1998 c 103 § 1308. It has been decodified for
publication purposes under RCW 1.12.025.
25.04.716
25.04.716 Name—Reservation of exclusive right—
Filing. (1) The exclusive right to the use of a name may be
reserved by:
(a) A person intending to organize a limited liability
partnership under this chapter and to adopt that name;
(b) A domestic or foreign limited liability partnership
registered in this state which intends to adopt that name;
(c) A foreign limited liability partnership intending to
register in this state and to adopt that name; and
(d) A person intending to organize a foreign limited liability partnership and intending to have it registered in this
state and adopt that name.
(2) The reservation shall be made by filing with the secretary of state an application, executed by the applicant, to
reserve a specified name, accompanied by a fee established
by the secretary of state by rule. If the secretary of state finds
that the name is available for use by a domestic or foreign
limited liability partnership, the secretary of state shall
reserve the name for the exclusive use of the applicant for a
period of one hundred eighty days. The reservation is limited
to one filing and is nonrenewable.
(2004 Ed.)
25.05.100
25.05.105
25.05.110
25.05.115
25.05.120
25.05.125
25.05.130
25.05.135
Partner agent of partnership.
Transfer of partnership property.
Statement of partnership authority.
Statement of denial.
Partnership liable for partner's actionable conduct.
Partner's liability.
Actions by and against partnership and partners.
Liability of purported partner.
ARTICLE 4
RELATIONS OF PARTNERS TO EACH OTHER AND
TO PARTNERSHIP
25.05.150
25.05.155
25.05.160
25.05.165
25.05.170
25.05.175
Partner's rights and duties.
Distributions in kind.
Partner's rights and duties with respect to information.
General standards of partner's conduct.
Actions by partnership and partners.
Continuation of partnership beyond definite term or particular
undertaking.
ARTICLE 5
TRANSFEREES AND CREDITORS OF PARTNER
25.05.200
25.05.205
25.05.210
25.05.215
Partner not co-owner of partnership property.
Partner's transferable interest in partnership.
Transfer of partner's transferable interest.
Partner's transferable interest subject to charging order.
ARTICLE 6
PARTNER'S DISSOCIATION
25.05.225
25.05.230
25.05.235
Events causing partner's dissociation.
Partner's power to dissociate—Wrongful dissociation.
Effect of partner's dissociation.
[Title 25 RCW—page 1]
25.05.005
Title 25 RCW: Partnerships
ARTICLE 7
PARTNER'S DISSOCIATION WHEN BUSINESS NOT WOUND UP
25.05.250
25.05.255
25.05.260
25.05.265
25.05.270
Purchase of dissociated partner's interest.
Dissociated partner's power to bind and liability to partnership.
Dissociated partner's liability to other persons.
Statement of dissociation.
Continued use of partnership name.
ARTICLE 8
WINDING UP PARTNERSHIP BUSINESS
25.05.300
25.05.305
25.05.310
25.05.315
25.05.320
25.05.325
25.05.330
Events causing dissolution and winding up of partnership business.
Partnership continues after dissolution.
Right to wind up partnership business.
Partner's power to bind partnership after dissolution.
Statement of dissolution.
Partner's liability to other partners after dissolution.
Settlement of accounts and contributions among partners.
ARTICLE 9
CONVERSIONS AND MERGERS
25.05.350
25.05.355
25.05.360
25.05.365
25.05.370
25.05.375
25.05.380
25.05.385
25.05.390
25.05.395
Definitions.
Conversion of partnership to limited partnership.
Conversion of limited partnership to partnership.
Effect of conversion—Entity unchanged.
Merger of partnerships.
Merger—Plan—Approval.
Articles of merger—Filing.
Effect of merger.
Merger—Foreign and domestic.
Nonexclusive.
ARTICLE 10
DISSENTERS' RIGHTS
25.05.420
25.05.425
25.05.430
25.05.435
25.05.440
25.05.445
25.05.450
25.05.455
25.05.460
25.05.465
25.05.470
25.05.475
Definitions.
Partner—Dissent—Payment of fair value.
Dissenters' rights—Notice—Timing.
Partner—Dissent—Voting restriction.
Partners—Dissenters' notice—Requirements.
Partner—Payment demand—Entitlement.
Partners' interests—Transfer restriction.
Payment of fair value—Requirements for compliance.
Merger—Not effective within sixty days—Transfer restrictions.
Dissenter's estimate of fair value—Notice.
Unsettled demand for payment—Proceeding—Parties—
Appraisers.
Unsettled demand for payment—Costs—Fees and expenses of
counsel.
ARTICLE 11
LIMITED LIABILITY PARTNERSHIP
25.05.500
25.05.505
25.05.510
Formation—Registration—Application—Fee—Forms.
Name.
Rendering professional services.
ARTICLE 12
FOREIGN LIMITED LIABILITY PARTNERSHIP
25.05.550
25.05.555
25.05.560
25.05.565
25.05.570
Law governing foreign limited liability partnership.
Statement of foreign qualification.
Effect of failure to qualify.
Activities not constituting transacting business.
Action by attorney general.
ARTICLE 13
MISCELLANEOUS PROVISIONS
25.05.901
25.05.902
25.05.903
25.05.904
25.05.905
25.05.906
25.05.907
Dates of applicability.
Establishment of filing fees and miscellaneous charges—Secretary of state.
Authority to adopt rules—Secretary of state.
Uniformity of application and construction—1998 c 103.
Short title—1998 c 103.
Severability clause—1998 c 103.
Savings clause—1998 c 103.
[Title 25 RCW—page 2]
ARTICLE 1
GENERAL PROVISIONS
25.05.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Business" includes every trade, occupation, and profession.
(2) "Debtor in bankruptcy" means a person who is the
subject of:
(a) An order for relief under Title 11 of the United States
Code or a comparable order under a successor statute of general application; or
(b) A comparable order under federal, state, or foreign
law governing insolvency.
(3) "Distribution" means a transfer of money or other
property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee.
(4) "Foreign limited liability partnership" means a partnership that:
(a) Is formed under laws other than the laws of this state;
and
(b) Has the status of a limited liability partnership under
those laws.
(5) "Limited liability partnership" means a partnership
that has filed *a statement of qualification under RCW
25.05.500 and does not have a similar statement in effect in
any other jurisdiction.
(6) "Partnership" means an association of two or more
persons to carry on as co-owners a business for profit formed
under RCW 25.05.055, predecessor law, or comparable law
of another jurisdiction.
(7) "Partnership agreement" means the agreement,
whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement.
(8) "Partnership at will" means a partnership in which
the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular
undertaking.
(9) "Partnership interest" or "partner's interest in the
partnership" means all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights.
(10) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(11) "Property" means all property, real, personal, or
mixed, tangible or intangible, or any interest therein.
(12) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any
territory or insular possession subject to the jurisdiction of
the United States.
(13) "Statement" means a statement of partnership
authority under RCW 25.05.110, a statement of denial under
RCW 25.05.115, a statement of dissociation under RCW
25.05.265, a statement of dissolution under RCW 25.05.320,
or an amendment or cancellation of any statement under
these sections.
25.05.005
(2004 Ed.)
Revised Uniform Partnership Act
(14) "Transfer" includes an assignment, conveyance,
lease, mortgage, deed, and encumbrance. [1998 c 103 § 101.]
*Reviser's note: The phrase "a statement of qualification" appears
erroneous. The phrase "an application" was apparently intended.
25.05.010 Knowledge and notice. (1) A person knows
a fact if the person has actual knowledge of it.
(2) A person has notice of a fact if the person:
(a) Knows of it;
(b) Has received a notification of it; or
(c) Has reason to know it exists from all of the facts
known to the person at the time in question.
(3) A person notifies or gives a notification to another by
taking steps reasonably required to inform the other person in
ordinary course, whether or not the other person learns of it.
(4) A person receives a notification when the notification:
(a) Comes to the person's attention; or
(b) Is duly delivered at the person's place of business or
at any other place held out by the person as a place for receiving communications.
(5) Except as otherwise provided in subsection (6) of this
section, a person other than an individual knows, has notice,
or receives a notification of a fact for purposes of a particular
transaction when the individual conducting the transaction
knows, has notice, or receives a notification of the fact, or in
any event when the fact would have been brought to the individual's attention if the person had exercised reasonable diligence. The person exercises reasonable diligence if the person maintains reasonable routines for communicating significant information to the individual conducting the transaction
and there is reasonable compliance with the routines. Reasonable diligence does not require an individual acting for the
person to communicate information unless the communication is part of the individual's regular duties or the individual
has reason to know of the transaction and that the transaction
would be materially affected by the information.
(6) A partner's knowledge, notice, or receipt of a notification of a fact relating to the partnership is effective immediately as knowledge by, notice to, or receipt of a notification
by the partnership, except in the case of a fraud on the partnership committed by or with the consent of that partner.
[1998 c 103 § 102.]
25.05.010
25.05.015 Effect of partnership agreement—Nonwaivable provisions. (1) Except as otherwise provided in
subsection (2) of this section, relations among the partners
and between the partners and the partnership are governed by
the partnership agreement. To the extent the partnership
agreement does not otherwise provide, this chapter governs
relations among the partners and between the partners and the
partnership.
(2) The partnership agreement may not:
(a) Vary the rights and duties under RCW 25.05.025
except to eliminate the duty to provide copies of statements to
all of the partners;
(b) Unreasonably restrict the right of access to books and
records under RCW 25.05.160(2);
(c) Eliminate the duty of loyalty under RCW
25.05.165(2) or 25.05.235(2)(c), but, if not manifestly unreasonable:
25.05.015
(2004 Ed.)
25.05.030
(i) The partnership agreement may identify specific
types or categories of activities that do not violate the duty of
loyalty; or
(ii) All of the partners or a number or percentage specified in the partnership agreement may authorize or ratify,
after full disclosure of all material facts, a specific act or
transaction that otherwise would violate the duty of loyalty;
(d) Unreasonably reduce the duty of care under RCW
25.05.165(3) or 25.05.235(2)(c);
(e) Eliminate the obligation of good faith and fair dealing
under RCW 25.05.165(4), but the partnership agreement may
prescribe the standards by which the performance of the obligation is to be measured, if the standards are not manifestly
unreasonable;
(f) Vary the power to dissociate as a partner under RCW
25.05.230(1), except to require the notice under RCW
25.05.225(1) to be in writing;
(g) Vary the right of a court to expel a partner in the
events specified in RCW 25.05.225(5);
(h) Vary the requirement to wind up the partnership business in cases specified in RCW 25.05.300 (4), (5), or (6);
(i) Vary the law applicable to a limited liability partnership under RCW 25.05.030(2); or
(j) Restrict rights of third parties under this chapter.
[1998 c 103 § 103.]
25.05.020
25.05.020 Supplemental principles of law. (1) Unless
displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.
(2) If an obligation to pay interest arises under this chapter and the rate is not specified, the rate is that specified in
RCW 19.52.010(1). [1998 c 103 § 104.]
25.05.025
25.05.025 Execution and filing of statements. (1) A
statement may be filed in the office of the secretary of state.
A certified copy of a statement that is filed in an office in
another state may be filed in the office of the secretary of
state. Either filing has the effect provided in this chapter with
respect to partnership property located in or transactions that
occur in this state.
(2) A statement filed by a partnership must be executed
by at least two partners. Other statements must be executed
by a partner or other person authorized by this chapter. An
individual who executes a statement as, or on behalf of, a
partner or other person shall personally declare under penalty
of perjury that the contents of the statement are accurate.
(3) A person authorized by this chapter to file a statement may amend or cancel the statement by filing an amendment or cancellation that names the partnership, identifies the
statement, and states the substance of the amendment or cancellation.
(4) A person who files a statement pursuant to this section shall promptly send a copy of the statement to every nonfiling partner and to any other person named as a partner in
the statement. Failure to send a copy of a statement to a partner or other person does not limit the effectiveness of the
statement as to a person not a partner. [1998 c 103 § 105.]
25.05.030
25.05.030 Governing law. (1) Except as otherwise provided in subsection (2) of this section, the law of the jurisdic[Title 25 RCW—page 3]
25.05.035
Title 25 RCW: Partnerships
tion in which a partnership has its chief executive office governs relations among the partners and the partnership.
(2) The law of this state governs relations among the
partners and the partnership and the liability of partners for an
obligation of a limited liability partnership. [1998 c 103 §
106.]
25.05.035
25.05.035 Partnership subject to amendment or
repeal of chapter. A partnership governed by this chapter is
subject to any amendment to or repeal of this chapter. [1998
c 103 § 107.]
ARTICLE 2
NATURE OF PARTNERSHIP
25.05.050
25.05.050 Partnership as entity. (1) A partnership is
an entity distinct from its partners.
(2) A limited liability partnership continues to be the
same entity that existed before the filing of an application
under RCW 25.05.500(2). [2000 c 169 § 10; 1998 c 103 §
201.]
25.05.055
25.05.055 Formation of partnership. (1) Except as
otherwise provided in subsection (2) of this section, the association of two or more persons to carry on as co-owners a
business for profit forms a partnership, whether or not the
persons intend to form a partnership.
(2) An association formed under a statute other than this
chapter, a predecessor statute, or a comparable statute of
another jurisdiction is not a partnership under this chapter.
(3) In determining whether a partnership is formed, the
following rules apply:
(a) Joint tenancy, tenancy in common, tenancy by the
entireties, joint property, common property, or part ownership does not by itself establish a partnership, even if the coowners share profits made by the use of the property;
(b) The sharing of gross returns does not by itself establish a partnership, even if the persons sharing them have a
joint or common right or interest in property from which the
returns are derived; and
(c) A person who receives a share of the profits of a business is presumed to be a partner in the business, unless the
profits were received in payment:
(i) Of a debt by installments or otherwise;
(ii) For services as an independent contractor or of wages
or other compensation to an employee;
(iii) Of rent;
(iv) Of an annuity or other retirement or health benefit to
a beneficiary, representative, or designee of a deceased or
retired partner;
(v) Of interest or other charge on a loan, even if the
amount of payment varies with the profits of the business,
including a direct or indirect present or future ownership of
the collateral, or rights to income, proceeds, or increase in
value derived from the collateral; or
(vi) For the sale of the goodwill of a business or other
property by installments or otherwise. [1998 c 103 § 202.]
[Title 25 RCW—page 4]
25.05.060
25.05.060 Partnership property. Property acquired by
a partnership is property of the partnership and not of the
partners individually. [1998 c 103 § 203.]
25.05.065
25.05.065 When property is partnership property.
(1) Property is partnership property if acquired in the name
of:
(a) The partnership; or
(b) One or more partners with an indication in the instrument transferring title to the property of the person's capacity
as a partner or of the existence of a partnership, whether or
not there is an indication of the name of the partnership.
(2) Property is acquired in the name of the partnership by
a transfer to:
(a) The partnership in its name; or
(b) One or more partners in their capacity as partners in
the partnership, if the name of the partnership is indicated in
the instrument transferring title to the property.
(3) Property is presumed to be partnership property if
purchased with partnership assets, even if not acquired in the
name of the partnership or of one or more partners with an
indication in the instrument transferring title to the property
of the person's capacity as a partner or of the existence of a
partnership.
(4) Property acquired in the name of one or more of the
partners, without an indication in the instrument transferring
title to the property of the person's capacity as a partner or of
the existence of a partnership and without use of partnership
assets, is presumed to be separate property, even if used for
partnership purposes. [1998 c 103 § 204.]
ARTICLE 3
RELATIONS OF PARTNERS TO PERSONS DEALING
WITH PARTNERSHIP
25.05.100
25.05.100 Partner agent of partnership. Subject to
the effect of a statement of partnership authority under RCW
25.05.110:
(1) Each partner is an agent of the partnership for the
purpose of its business. An act of a partner, including the execution of an instrument in the partnership name, for apparently carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership
binds the partnership, unless the partner had no authority to
act for the partnership in the particular matter and the person
with whom the partner was dealing knew or had received a
notification that the partner lacked authority.
(2) An act of a partner which is not apparently for carrying on in the ordinary course the partnership business or business of the kind carried on by the partnership binds the partnership only if the act was authorized by the other partners.
[1998 c 103 § 301.]
25.05.105
25.05.105 Transfer of partnership property. (1) Partnership property may be transferred as follows:
(a) Subject to the effect of a statement of partnership
authority under RCW 25.05.110, partnership property held in
the name of the partnership may be transferred by an instrument of transfer executed by a partner in the partnership
name;
(2004 Ed.)
Revised Uniform Partnership Act
(b) Partnership property held in the name of one or more
partners with an indication in the instrument transferring the
property to them of their capacity as partners or of the existence of a partnership, but without an indication of the name
of the partnership, may be transferred by an instrument of
transfer executed by the persons in whose name the property
is held; or
(c) Partnership property held in the name of one or more
persons other than the partnership, without an indication in
the instrument transferring the property to them of their
capacity as partners or of the existence of a partnership, may
be transferred by an instrument of transfer executed by the
persons in whose name the property is held.
(2) A partnership may recover partnership property from
a transferee only if it proves that execution of the instrument
of initial transfer did not bind the partnership under RCW
25.05.100, and:
(a) As to a subsequent transferee who gave value for
property transferred under subsection (1)(a) and (b) of this
section, proves that the subsequent transferee knew or had
received a notification that the person who executed the
instrument of initial transfer lacked authority to bind the partnership; or
(b) As to a transferee who gave value for property transferred under subsection (1)(c) of this section, proves that the
transferee knew or had received a notification that the property was partnership property and that the person who executed the instrument of initial transfer lacked authority to
bind the partnership.
(3) A partnership may not recover partnership property
from a subsequent transferee if the partnership would not
have been entitled to recover the property, under subsection
(2) of this section, from any earlier transferee of the property.
(4) If a person holds all of the partners' interests in the
partnership, all of the partnership property vests in that person. The person may execute a document in the name of the
partnership to evidence vesting of the property in that person
and may file or record the document. [1998 c 103 § 302.]
25.05.110 Statement of partnership authority. (1) A
partnership may file a statement of partnership authority,
which:
(a) Must include:
(i) The name of the partnership; and
(ii) The street address of its chief executive office and of
one office in this state, if there is one; and
(b) May state the names of all of the partners, the names
of the partners authorized to execute an instrument transferring real property held in the name of the partnership, the
authority, or limitations on the authority, of some or all of the
partners to enter into other transactions on behalf of the partnership and any other matter.
(2) A grant of authority contained in a filed statement of
partnership authority is conclusive in favor of a person not a
partner who gives value without knowledge to the contrary,
so long as and to the extent that a limitation on that authority
is not then contained in a subsequently filed statement. A
filed cancellation of a limitation on authority revives the previous grant of authority.
(3) A person not a partner is deemed to know of a limitation on the authority of a partner to transfer real property held
25.05.110
(2004 Ed.)
25.05.125
in the name of the partnership if the limitation is contained in
a filed statement of partnership authority.
(4) Except as otherwise provided in subsection (3) of this
section and RCW 25.05.265 and 25.05.320, a person not a
partner is not deemed to know of a limitation on the authority
of a partner merely because the limitation is contained in a
filed statement.
(5) Unless earlier canceled, a filed statement of partnership authority is canceled by operation of law five years after
the date on which the statement, or the most recent amendment, was filed with the secretary of state. [1998 c 103 §
303.]
25.05.115
25.05.115 Statement of denial. A partner, or other person named as a partner in a filed statement of partnership
authority, may file a statement of denial stating the name of
the partnership and the fact that is being denied, which may
include denial of a person's authority or status as a partner. A
statement of denial is a limitation on authority as provided in
RCW 25.05.110 (2) and (3). [1998 c 103 § 304.]
25.05.120
25.05.120 Partnership liable for partner's actionable
conduct. (1) A partnership is liable for loss or injury caused
to a person, or for a penalty incurred, as a result of a wrongful
act or omission, or other actionable conduct, of a partner acting in the ordinary course of business of the partnership or
with authority of the partnership.
(2) If, in the course of the partnership's business or while
acting with authority of the partnership, a partner receives or
causes the partnership to receive money or property of a person not a partner, and the money or property is misapplied by
a partner, the partnership is liable for the loss. [1998 c 103 §
305.]
25.05.125
25.05.125 Partner's liability. (1) Except as otherwise
provided in subsections (2), (3), and (4) of this section, all
partners are liable jointly and severally for all obligations of
the partnership unless otherwise agreed by the claimant or
provided by law.
(2) A person admitted as a partner into an existing partnership is not personally liable for any partnership obligation
incurred before the person's admission as a partner.
(3) Except as otherwise provided in subsection (4) of this
section, an obligation of a partnership incurred while the partnership is a limited liability partnership, whether arising in
contract, tort, or otherwise, is solely the obligation of the
partnership. A partner is not personally liable, directly or
indirectly, by way of contribution or otherwise, for such an
obligation solely by reason of being or so acting as a partner.
This subsection applies notwithstanding anything inconsistent in the partnership agreement that existed, in the case of a
limited liability partnership in existence on June 11, 1998,
and, in the case of a partnership becoming a limited liability
partnership after June 11, 1998, immediately before the vote
required to become a limited liability partnership under RCW
25.05.500(1).
(4) If the partners of a limited liability partnership or a
foreign limited liability partnership are required to be
licensed to provide professional services as defined in RCW
18.100.030, and the partnership fails to maintain for itself and
[Title 25 RCW—page 5]
25.05.130
Title 25 RCW: Partnerships
for its members practicing in this state a policy of professional liability insurance, bond, deposit in trust, bank escrow
of cash, bank certificates of deposit, United States treasury
obligations, bank letter of credit, insurance company bond, or
other evidence of financial responsibility of a kind designated
by rule by the state insurance commissioner and in the
amount of at least one million dollars or such greater amount,
not to exceed three million dollars, as the state insurance
commissioner may establish by rule for a licensed profession
or for any specialty within a profession, taking into account
the nature and size of the businesses within the profession or
specialty, then the partners shall be personally liable to the
extent that, had such insurance, bond, deposit in trust, bank
escrow of cash, bank certificates of deposit, United States
treasury obligations, bank letter of credit, insurance company
bond, or other evidence of responsibility been maintained, it
would have covered the liability in question. [1998 c 103 §
306.]
25.05.130
25.05.130 Actions by and against partnership and
partners. (1) A partnership may sue and be sued in the name
of the partnership.
(2) An action may be brought against the partnership
and, to the extent not inconsistent with RCW 25.05.125, any
or all of the partners in the same action or in separate actions.
(3) A judgment against a partnership is not by itself a
judgment against a partner. A judgment against a partnership
may not be satisfied from a partner's assets unless there is
also a judgment against the partner.
(4) A judgment creditor of a partner may not levy execution against the assets of the partner to satisfy a judgment
based on a claim against the partnership unless the partner is
personally liable for the claim under RCW 25.05.125, and:
(a) A judgment based on the same claim has been
obtained against the partnership and a writ of execution on
the judgment has been returned unsatisfied in whole or in
part;
(b) The partnership is a debtor in bankruptcy;
(c) The partner has agreed that the creditor need not
exhaust partnership assets;
(d) A court grants permission to the judgment creditor to
levy execution against the assets of a partner based on a finding that partnership assets subject to execution are clearly
insufficient to satisfy the judgment, that exhaustion of partnership assets is excessively burdensome, or that the grant of
permission is an appropriate exercise of the court's equitable
powers; or
(e) Liability is imposed on the partner by law or contract
independent of the existence of the partnership.
(5) This section applies to any partnership liability or
obligation resulting from a representation by a partner or purported partner under RCW 25.05.135. [1998 c 103 § 307.]
25.05.135
25.05.135 Liability of purported partner. (1) If a person, by words or conduct, purports to be a partner, or consents to being represented by another as a partner, in a partnership or with one or more persons not partners, the purported partner is liable to a person to whom the representation
is made, if that person, relying on the representation, enters
into a transaction with the actual or purported partnership. If
[Title 25 RCW—page 6]
the representation, either by the purported partner or by a person with the purported partner's consent, is made in a public
manner, the purported partner is liable to a person who relies
upon the purported partnership even if the purported partner
is not aware of being held out as a partner to the claimant. If
partnership liability results, the purported partner is liable
with respect to that liability as if the purported partner were a
partner. If no partnership liability results, the purported partner is liable with respect to that liability jointly and severally
with any other person consenting to the representation.
(2) If a person is thus represented to be a partner in an
existing partnership, or with one or more persons not partners, the purported partner is an agent of persons consenting
to the representation to bind them to the same extent and in
the same manner as if the purported partner were a partner,
with respect to persons who enter into transactions in reliance
upon the representation. If all of the partners of the existing
partnership consent to the representation, a partnership act or
obligation results. If fewer than all of the partners of the existing partnership consent to the representation, the person acting and the partners consenting to the representation are
jointly and severally liable.
(3) A person is not liable as a partner merely because the
person is named by another in a statement of partnership
authority.
(4) A person does not continue to be liable as a partner
merely because of a failure to file a statement of dissociation
or to amend a statement of partnership authority to indicate
the partner's dissociation from the partnership.
(5) Except as otherwise provided in subsections (1) and
(2) of this section, persons who are not partners as to each
other are not liable as partners to other persons. [1998 c 103
§ 308.]
ARTICLE 4
RELATIONS OF PARTNERS TO EACH OTHER
AND TO PARTNERSHIP
25.05.150
25.05.150 Partner's rights and duties. (1) Each partner is deemed to have an account that is:
(a) Credited with an amount equal to the money plus the
value of any other property, net of the amount of any liabilities, the partner contributes to the partnership and the partner's share of the partnership profits; and
(b) Charged with an amount equal to the money plus the
value of any other property, net of the amount of any liabilities, distributed by the partnership to the partner and the partner's share of the partnership losses.
(2) Each partner is entitled to an equal share of the partnership profits and is chargeable with a share of the partnership losses in proportion to the partner's share of the profits.
(3) A partnership shall reimburse a partner for payments
made and indemnify a partner for liabilities incurred by the
partner in the ordinary course of the business of the partnership or for the preservation of its business or property.
(4) A partnership shall reimburse a partner for an
advance to the partnership beyond the amount of capital the
partner agreed to contribute.
(5) A payment or advance made by a partner which gives
rise to a partnership obligation under subsection (3) or (4) of
(2004 Ed.)
Revised Uniform Partnership Act
this section constitutes a loan to the partnership which
accrues interest from the date of the payment or advance.
(6) Each partner has equal rights in the management and
conduct of the partnership business.
(7) A partner may use or possess partnership property
only on behalf of the partnership.
(8) A partner is not entitled to remuneration for services
performed for the partnership, except for reasonable compensation for services rendered in winding up the business of the
partnership.
(9) A person may become a partner only with the consent
of all of the partners.
(10) A difference arising as to a matter in the ordinary
course of business of a partnership may be decided by a
majority of the partners. An act outside the ordinary course of
business of a partnership and an amendment to the partnership agreement may be undertaken only with the consent of
all of the partners.
(11) This section does not affect the obligations of a partnership to other persons under RCW 25.05.100. [1998 c 103
§ 401.]
25.05.155
25.05.155 Distributions in kind. A partner has no right
to receive, and may not be required to accept, a distribution in
kind. [1998 c 103 § 402.]
25.05.160
25.05.160 Partner's rights and duties with respect to
information. (1) A partnership shall keep its books and
records, if any, at its chief executive office.
(2) A partnership shall provide partners and their agents
and attorneys access to its books and records. It shall provide
former partners and their agents and attorneys access to
books and records pertaining to the period during which they
were partners. The right of access provides the opportunity to
inspect and copy books and records during ordinary business
hours. A partnership may impose a reasonable charge, covering the costs of labor and material, for copies of documents
furnished.
(3) Each partner and the partnership shall furnish to a
partner, and to the legal representative of a deceased partner
or partner under legal disability:
(a) Without demand, any information concerning the
partnership's business and affairs reasonably required for the
proper exercise of the partner's rights and duties under the
partnership agreement or this chapter; and
(b) On demand, any other information concerning the
partnership's business and affairs, except to the extent the
demand or the information demanded is unreasonable or otherwise improper under the circumstances. [1998 c 103 §
403.]
25.05.165
25.05.165 General standards of partner's conduct.
(1) The only fiduciary duties a partner owes to the partnership
and the other partners are the duty of loyalty and the duty of
care set forth in subsections (2) and (3) of this section.
(2) A partner's duty of loyalty to the partnership and the
other partners is limited to the following:
(a) To account to the partnership and hold as trustee for
it any property, profit, or benefit derived by the partner in the
conduct and winding up of the partnership business or
(2004 Ed.)
25.05.170
derived from a use by the partner of partnership property,
including the appropriation of a partnership opportunity;
(b) To refrain from dealing with the partnership in the
conduct or winding up of the partnership business as or on
behalf of a party having an interest adverse to the partnership;
and
(c) To refrain from competing with the partnership in the
conduct of the partnership business before the dissolution of
the partnership.
(3) A partner's duty of care to the partnership and the
other partners in the conduct and winding up of the partnership business is limited to refraining from engaging in
grossly negligent or reckless conduct, intentional misconduct, or a knowing violation of law.
(4) A partner shall discharge the duties to the partnership
and the other partners under this chapter or under the partnership agreement and exercise any rights consistently with the
obligation of good faith and fair dealing.
(5) A partner does not violate a duty or obligation under
this chapter or under the partnership agreement merely
because the partner's conduct furthers the partner's own interest.
(6) A partner may lend money to and transact other business with the partnership, and as to each loan or transaction
the rights and obligations of the partner are the same as those
of a person who is not a partner, subject to other applicable
law.
(7) This section applies to a person winding up the partnership business as the personal or legal representative of the
last surviving partner as if the person were a partner. [1998 c
103 § 404.]
25.05.170
25.05.170 Actions by partnership and partners. (1)
A partnership may maintain an action against a partner for a
breach of the partnership agreement, or for the violation of a
duty to the partnership, causing harm to the partnership.
(2) A partner may maintain an action against the partnership or another partner for legal or equitable relief, with or
without an accounting as to partnership business, to:
(a) Enforce the partner's rights under the partnership
agreement;
(b) Enforce the partner's rights under this chapter,
including:
(i) The partner's rights under RCW 25.05.150,
25.05.160, or 25.05.165;
(ii) The partner's right on dissociation to have the partner's interest in the partnership purchased pursuant to RCW
25.05.250 or enforce any other right under article 6 or 7 of
this chapter; or
(iii) The partner's right to compel a dissolution and winding up of the partnership business under RCW 25.05.300 or
enforce any other right under article 8 of this chapter; or
(c) Enforce the rights and otherwise protect the interests
of the partner, including rights and interests arising independently of the partnership relationship.
(3) The accrual of, and any time limitation on, a right of
action for a remedy under this section is governed by other
law. A right to an accounting upon a dissolution and winding
up does not revive a claim barred by law. [1998 c 103 § 405.]
[Title 25 RCW—page 7]
25.05.175
Title 25 RCW: Partnerships
25.05.175 Continuation of partnership beyond definite term or particular undertaking. (1) If a partnership
for a definite term or particular undertaking is continued,
without an express agreement, after the expiration of the term
or completion of the undertaking, the rights and duties of the
partners remain the same as they were at the expiration or
completion, so far as is consistent with a partnership at will.
(2) If the partners, or those of them who habitually acted
in the business during the term or undertaking, continue the
business without any settlement or liquidation of the partnership, they are presumed to have agreed that the partnership
will continue. [1998 c 103 § 406.]
25.05.175
ARTICLE 5
TRANSFEREES AND CREDITORS OF PARTNER
25.05.200 Partner not co-owner of partnership property. A partner is not a co-owner of partnership property and
has no interest in partnership property which can be transferred, either voluntarily or involuntarily. [1998 c 103 §
501.]
25.05.200
25.05.205 Partner's transferable interest in partnership. The only transferable interest of a partner in the partnership is the partner's share of the profits and losses of the
partnership and the partner's right to receive distributions.
The interest is personal property. [1998 c 103 § 502.]
25.05.205
25.05.210 Transfer of partner's transferable interest.
(1) A transfer, in whole or in part, of a partner's transferable
interest in the partnership:
(a) Is permissible;
(b) Does not by itself cause the partner's dissociation or
a dissolution and winding up of the partnership business; and
(c) Does not, as against the other partners or the partnership, entitle the transferee, during the continuance of the partnership, to participate in the management or conduct of the
partnership business, to require access to information concerning partnership transactions, or to inspect or copy the
partnership books or records.
(2) A transferee of a partner's transferable interest in the
partnership has a right:
(a) To receive, in accordance with the transfer, allocations of profits and losses of the partnership and distributions
to which the transferor would otherwise be entitled;
(b) To receive upon the dissolution and winding up of
the partnership business, in accordance with the transfer, the
net amount otherwise distributable to the transferor; and
(c) To seek under RCW 25.05.300(6) a judicial determination that it is equitable to wind up the partnership business.
(3) In a dissolution and winding up, a transferee is entitled to an account of partnership transactions only from the
date of the latest account agreed to by all of the partners.
(4) Upon transfer, the transferor retains the rights and
duties of a partner other than the interest in profits and losses
of the partnership and distributions transferred.
(5) A partnership need not give effect to a transferee's
rights under this section until it has notice of the transfer.
(6) A transfer of a partner's transferable interest in the
partnership in violation of a restriction on transfer contained
in the partnership agreement is ineffective as to a person hav25.05.210
[Title 25 RCW—page 8]
ing notice of the restriction at the time of transfer. [1998 c
103 § 503.]
25.05.215 Partner's transferable interest subject to
charging order. (1) On application by a judgment creditor
of a partner or of a partner's transferee, a court having jurisdiction may charge the transferable interest of the judgment
debtor to satisfy the judgment. The court may appoint a
receiver of the share of the distributions due or to become due
to the judgment debtor in respect of the partnership and make
all other orders, directions, accounts, and inquiries the judgment debtor might have made or which the circumstances of
the case may require.
(2) A charging order constitutes a lien on the judgment
debtor's transferable interest in the partnership. The court
may order a foreclosure of the interest subject to the charging
order at any time. The purchaser at the foreclosure sale has
the rights of a transferee.
(3) At any time before foreclosure, an interest charged
may be redeemed:
(a) By the judgment debtor;
(b) With property other than partnership property, by one
or more of the other partners; or
(c) With partnership property, by one or more of the
other partners with the consent of all of the partners whose
interests are not so charged.
(4) This chapter does not deprive a partner of a right
under exemption laws with respect to the interest in the partnership.
(5) This section provides the exclusive remedy by which
a judgment creditor of a partner or partner's transferee may
satisfy a judgment out of the judgment debtor's transferable
interest in the partnership. [1998 c 103 § 504.]
25.05.215
ARTICLE 6
PARTNER'S DISSOCIATION
25.05.225 Events causing partner's dissociation. A
partner is dissociated from a partnership upon the occurrence
of any of the following events:
(1) The partnership's having notice of the partner's
express will to withdraw as a partner or on a later date specified by the partner;
(2) An event agreed to in the partnership agreement as
causing the partner's dissociation;
(3) The partner's expulsion pursuant to the partnership
agreement;
(4) The partner's expulsion by the unanimous vote of the
other partners if:
(a) It is unlawful to carry on the partnership business
with that partner;
(b) There has been a transfer of all or substantially all of
that partner's transferable interest in the partnership, other
than a transfer for security purposes or a court order charging
the partner's interest which, in either case, has not been foreclosed;
(c) Within ninety days after the partnership notifies a
corporate partner that it will be expelled because it has filed
articles of dissolution, it has been administratively or judicially dissolved, or its right to conduct business has been suspended by the jurisdiction of its incorporation, and there is no
25.05.225
(2004 Ed.)
Revised Uniform Partnership Act
revocation of the articles of dissolution, no reinstatement following its administrative dissolution, or reinstatement of its
right to conduct business by the jurisdiction of its incorporation, as applicable; or
(d) A partnership or limited liability company that is a
partner has been dissolved and its business is being wound
up;
(5) On application by the partnership or another partner,
the partner's expulsion by judicial determination because:
(a) The partner engaged in wrongful conduct that
adversely and materially affected the partnership business;
(b) The partner willfully or persistently committed a
material breach of the partnership agreement or of a duty
owed to the partnership or the other partners under RCW
25.05.165; or
(c) The partner engaged in conduct relating to the partnership business which makes it not reasonably practicable to
carry on the business in partnership with the partner;
(6) The partner's:
(a) Becoming a debtor in bankruptcy;
(b) Executing an assignment for the benefit of creditors;
(c) Seeking, consenting to, or acquiescing in the appointment of a trustee, receiver, or liquidator of that partner or of
all or substantially all of that partner's property; or
(d) Failing, within ninety days after the appointment, to
have vacated or stayed the appointment of a trustee, receiver,
or liquidator of the partner or of all or substantially all of the
partner's property obtained without the partner's consent or
acquiescence, or failing within ninety days after the expiration of a stay to have the appointment vacated;
(7) In the case of a partner who is an individual:
(a) The partner's death;
(b) The appointment of a guardian or general conservator
for the partner; or
(c) A judicial determination that the partner has otherwise become incapable of performing the partner's duties
under the partnership agreement;
(8) In the case of a partner that is a trust or is acting as a
partner by virtue of being a trustee of a trust, distribution of
the trust's entire transferable interest in the partnership, but
not merely by reason of the substitution of a successor
trustee;
(9) In the case of a partner that is an estate or is acting as
a partner by virtue of being a personal representative of an
estate, distribution of the estate's entire transferable interest
in the partnership, but not merely by reason of the substitution of a successor personal representative; or
(10) Termination of a partner who is not an individual,
partnership, corporation, limited liability company, trust, or
estate. [2000 c 169 § 11; 1998 c 103 § 601.]
25.05.230 Partner's power to dissociate—Wrongful
dissociation. (1) A partner has the power to dissociate at any
time, rightfully or wrongfully, by express will pursuant to
RCW 25.05.225(1).
(2) A partner's dissociation is wrongful only if:
(a) It is in breach of an express provision of the partnership agreement; or
(b) In the case of a partnership for a definite term or particular undertaking, before the expiration of the term or the
completion of the undertaking:
25.05.230
(2004 Ed.)
25.05.250
(i) The partner withdraws by express will, unless the
withdrawal follows within ninety days after another partner's
dissociation by death or otherwise under RCW 25.05.225 (6)
through (10) or wrongful dissociation under this subsection;
(ii) The partner is expelled by judicial determination
under RCW 25.05.225(5);
(iii) The partner is dissociated as the result of an event
described in RCW 25.05.225(6); or
(iv) In the case of a partner who is not an individual, trust
other than a business trust, or estate, the partner is expelled or
otherwise dissociated because it willfully dissolved or terminated.
(3) A partner who wrongfully dissociates is liable to the
partnership and to the other partners for damages caused by
the dissociation. The liability is in addition to any other obligation of the partner to the partnership or to the other partners. [1998 c 103 § 602.]
25.05.235 Effect of partner's dissociation. (1) If a
partner's dissociation results in a dissolution and winding up
of the partnership business, article 8 of this chapter applies;
otherwise, article 7 of this chapter applies.
(2) Upon a partner's dissociation:
(a) The partner's right to participate in the management
and conduct of the partnership business terminates, except as
otherwise provided in RCW 25.05.310;
(b) The partner's duty of loyalty under RCW
25.05.165(2)(c) terminates; and
(c) The partner's duty of loyalty under RCW
25.05.165(2) (a) and (b) and duty of care under RCW
25.05.165(3) continue only with regard to matters arising and
events occurring before the partner's dissociation, unless the
partner participates in winding up the partnership's business
pursuant to RCW 25.05.310. [1998 c 103 § 603.]
25.05.235
ARTICLE 7
PARTNER'S DISSOCIATION WHEN BUSINESS NOT
WOUND UP
25.05.250 Purchase of dissociated partner's interest.
(1) If a partner is dissociated from a partnership without
resulting in a dissolution and winding up of the partnership
business under RCW 25.05.300, the partnership shall cause
the dissociated partner's interest in the partnership to be purchased for a buyout price determined pursuant to subsection
(2) of this section.
(2) The buyout price of a dissociated partner's interest is
the amount that would have been distributable to the dissociating partner under RCW 25.05.330(2) if, on the date of dissociation, the assets of the partnership were sold at a price
equal to the greater of the liquidation value or the value based
on a sale of the entire business as a going concern without the
dissociated partner and the partnership were wound up as of
that date. Interest must be paid from the date of dissociation
to the date of payment.
(3) Damages for wrongful dissociation under RCW
25.05.230(2), and all other amounts owing, whether or not
presently due, from the dissociated partner to the partnership,
must be offset against the buyout price. Interest must be paid
from the date the amount owed becomes due to the date of
payment.
25.05.250
[Title 25 RCW—page 9]
25.05.255
Title 25 RCW: Partnerships
(4) A partnership shall indemnify a dissociated partner
whose interest is being purchased against all partnership liabilities, whether incurred before or after the dissociation,
except liabilities incurred by an act of the dissociated partner
under RCW 25.05.255.
(5) If no agreement for the purchase of a dissociated partner's interest is reached within one hundred twenty days after
a written demand for payment, the partnership shall pay, or
cause to be paid, in cash to the dissociated partner the amount
the partnership estimates to be the buyout price and accrued
interest, reduced by any offsets and accrued interest under
subsection (3) of this section.
(6) If a deferred payment is authorized under subsection
(8) of this section, the partnership may tender a written offer
to pay the amount it estimates to be the buyout price and
accrued interest, reduced by any offsets under subsection (3)
of this section, stating the time of payment, the amount and
type of security for payment, and the other terms and conditions of the obligation.
(7) The payment or tender required by subsection (5) or
(6) of this section must be accompanied by the following:
(a) A statement of partnership assets and liabilities as of
the date of dissociation;
(b) The latest available partnership balance sheet and
income statement, if any;
(c) An explanation of how the estimated amount of the
payment was calculated; and
(d) Written notice that the payment is in full satisfaction
of the obligation to purchase unless, within one hundred
twenty days after the written notice, the dissociated partner
commences an action to determine the buyout price, any offsets under subsection (3) of this section, or other terms of the
obligation to purchase.
(8) A partner who wrongfully dissociates before the
expiration of a definite term or the completion of a particular
undertaking is not entitled to payment of any portion of the
buyout price until the expiration of the term or completion of
the undertaking, unless the partner establishes to the satisfaction of the court that earlier payment will not cause undue
hardship to the business of the partnership. A deferred payment must be adequately secured and bear interest.
(9) A dissociated partner may maintain an action against
the partnership, pursuant to RCW 25.05.170(2)(b)(ii), to
determine the buyout price of that partner's interest, any offsets under subsection (3) of this section, or other terms of the
obligation to purchase. The action must be commenced
within one hundred twenty days after the partnership has tendered payment or an offer to pay or within one year after written demand for payment if no payment or offer to pay is tendered. The court shall determine the buyout price of the dissociated partner's interest, any offset due under subsection (3)
of this section, and accrued interest, and enter judgment for
any additional payment or refund. If deferred payment is
authorized under subsection (8) of this section, the court shall
also determine the security for payment and other terms of
the obligation to purchase. The court may assess reasonable
attorneys' fees and the fees and expenses of appraisers or
other experts for a party to the action, in amounts the court
finds equitable, against a party that the court finds acted arbitrarily, vexatiously, or not in good faith. The finding may be
based on the partnership's failure to tender payment or an
[Title 25 RCW—page 10]
offer to pay or to comply with subsection (7) of this section.
[1998 c 103 § 701.]
25.05.255
25.05.255 Dissociated partner's power to bind and
liability to partnership. (1) For two years after a partner
dissociates without resulting in a dissolution and winding up
of the partnership business, the partnership, including a surviving partnership under article 9 of this chapter, is bound by
an act of the dissociated partner which would have bound the
partnership under RCW 25.05.100 before dissociation only if
at the time of entering into the transaction the other party:
(a) Reasonably believed that the dissociated partner was
then a partner;
(b) Did not have notice of the partner's dissociation; and
(c) Is not deemed to have had knowledge under RCW
25.05.110(3) or notice under RCW 25.05.265(3).
(2) A dissociated partner is liable to the partnership for
any damage caused to the partnership arising from an obligation incurred by the dissociated partner after dissociation for
which the partnership is liable under subsection (1) of this
section. [1998 c 103 § 702.]
25.05.260
25.05.260 Dissociated partner's liability to other persons. (1) A partner's dissociation does not of itself discharge
the partner's liability for a partnership obligation incurred
before dissociation. A dissociated partner is not liable for a
partnership obligation incurred after dissociation, except as
otherwise provided in subsection (2) of this section.
(2) A partner who dissociates without resulting in a dissolution and winding up of the partnership business is liable
as a partner to the other party in a transaction entered into by
the partnership, or a surviving partnership under article 9 of
this chapter, within two years after the partner's dissociation,
only if the partner is liable for the obligation under RCW
25.05.125 and at the time of entering into the transaction the
other party:
(a) Reasonably believed that the dissociated partner was
then a partner;
(b) Did not have notice of the partner's dissociation; and
(c) Is not deemed to have had knowledge under RCW
25.05.110(3) or notice under RCW 25.05.265(3).
(3) By agreement with the partnership creditor and the
partners continuing the business, a dissociated partner may be
released from liability for a partnership obligation.
(4) A dissociated partner is released from liability for a
partnership obligation if a partnership creditor, with notice of
the partner's dissociation but without the partner's consent,
agrees to a material alteration in the nature or time of payment of a partnership obligation. [1998 c 103 § 703.]
25.05.265
25.05.265 Statement of dissociation. (1) A dissociated
partner or the partnership may file a statement of dissociation
stating the name of the partnership and that the partner is dissociated from the partnership.
(2) A statement of dissociation is a limitation on the
authority of a dissociated partner for the purposes of RCW
25.05.110 (2) and (3).
(3) For the purposes of RCW 25.05.255(1)(c) and
25.05.260(2)(c), a person not a partner is deemed to have
(2004 Ed.)
Revised Uniform Partnership Act
notice of the dissociation ninety days after the statement of
dissociation is filed. [1998 c 103 § 704.]
25.05.270 Continued use of partnership name. Continued use of a partnership name, or a dissociated partner's
name as part thereof, by partners continuing the business
does not of itself make the dissociated partner liable for an
obligation of the partners or the partnership continuing the
business. [1998 c 103 § 705.]
25.05.320
(b) At any time, if the partnership was a partnership at
will at the time of the transfer or entry of the charging order
that gave rise to the transfer. [1998 c 103 § 801.]
25.05.270
ARTICLE 8
WINDING UP PARTNERSHIP BUSINESS
25.05.300 Events causing dissolution and winding up
of partnership business. A partnership is dissolved, and its
business must be wound up, only upon the occurrence of any
of the following events:
(1) In a partnership at will, the partnership's having
notice from a partner, other than a partner who is dissociated
under RCW 25.05.225 (2) through (10), of that partner's
express will to withdraw as a partner, or on a later date specified by the partner;
(2) In a partnership for a definite term or particular
undertaking:
(a) Within ninety days after a partner's dissociation by
death or otherwise under RCW 25.05.225 (6) through (10) or
wrongful dissociation under RCW 25.05.230(2) if a majority
of the remaining partners decide to wind up the partnership
business, and for purposes of this subsection a partner's rightful dissociation pursuant to RCW 25.05.230(2)(b)(i) constitutes the expression of that partner's will to wind up the partnership business;
(b) The express will of all of the partners to wind up the
partnership business; or
(c) The expiration of the term or the completion of the
undertaking;
(3) An event agreed to in the partnership agreement
resulting in the winding up of the partnership business;
(4) An event that makes it unlawful for all or substantially all of the business of the partnership to be continued,
but a cure of illegality within ninety days after notice to the
partnership of the event is effective retroactively to the date
of the event for purposes of this section;
(5) On application by a partner, a judicial determination
that:
(a) The economic purpose of the partnership is likely to
be unreasonably frustrated;
(b) Another partner has engaged in conduct relating to
the partnership business which makes it not reasonably practicable to carry on the business in partnership with that partner; or
(c) It is not otherwise reasonably practicable to carry on
the partnership business in conformity with the partnership
agreement; or
(6) On application by a transferee of a partner's transferable interest, a judicial determination that it is equitable to
wind up the partnership business:
(a) After the expiration of the term or completion of the
undertaking, if the partnership was for a definite term or particular undertaking at the time of the transfer or entry of the
charging order that gave rise to the transfer; or
25.05.300
(2004 Ed.)
25.05.305
25.05.305 Partnership continues after dissolution.
(1) Subject to subsection (2) of this section, a partnership
continues after dissolution only for the purpose of winding up
its business. The partnership is terminated when the winding
up of its business is completed.
(2) At any time after the dissolution of a partnership and
before the winding up of its business is completed, all of the
partners, including any dissociating partner other than a
wrongfully dissociating partner, may waive the right to have
the partnership's business wound up and the partnership terminated. In that event:
(a) The partnership resumes carrying on its business as if
dissolution had never occurred, and any liability incurred by
the partnership or a partner after the dissolution and before
the waiver is determined as if dissolution had never occurred;
and
(b) The rights of a third party accruing under RCW
25.05.315(1) or arising out of conduct in reliance on the dissolution before the third party knew or received a notification
of the waiver may not be adversely affected. [1998 c 103 §
802.]
25.05.310
25.05.310 Right to wind up partnership business. (1)
After dissolution, a partner who has not wrongfully dissociated may participate in winding up the partnership's business,
but on application of any partner, partner's legal representative, or transferee, the superior court, for good cause shown,
may order judicial supervision of the winding up.
(2) The legal representative of the last surviving partner
may wind up a partnership's business.
(3) A person winding up a partnership's business may
preserve the partnership business or property as a going concern for a reasonable time, prosecute and defend actions and
proceedings, whether civil, criminal, or administrative, settle
and close the partnership's business, dispose of and transfer
the partnership's property, discharge the partnership's liabilities, distribute the assets of the partnership pursuant to RCW
25.05.330, settle disputes by mediation or arbitration, and
perform other necessary acts. [1998 c 103 § 803.]
25.05.315
25.05.315 Partner's power to bind partnership after
dissolution. Subject to RCW 25.05.320, a partnership is
bound by a partner's act after dissolution that:
(1) Is appropriate for winding up the partnership business; or
(2) Would have bound the partnership under RCW
25.05.100 before dissolution, if the other party to the transaction did not have notice of the dissolution. [1998 c 103 §
804.]
25.05.320
25.05.320 Statement of dissolution. (1) After dissolution, a partner who has not wrongfully dissociated may file a
statement of dissolution stating the name of the partnership
and that the partnership has dissolved and is winding up its
business.
[Title 25 RCW—page 11]
25.05.325
Title 25 RCW: Partnerships
(2) A statement of dissolution cancels all previously filed
statements of partnership authority.
(3) For the purposes of RCW 25.05.100 and 25.05.315, a
person not a partner is deemed to have notice of the dissolution and the limitation on the partners' authority as a result of
the statement of dissolution ninety days after it is filed.
(4) After filing a statement of dissolution, a dissolved
partnership may file a statement of partnership authority
which will operate with respect to a person not a partner as
provided in RCW 25.05.110 (2) and (3) in any transaction,
whether or not the transaction is appropriate for winding up
the partnership business. [1998 c 103 § 805.]
nership losses, the amount necessary to satisfy partnership
obligations that were not known at the time of the settlement
and for which the partner is personally liable under RCW
25.05.125.
(5) The estate of a deceased partner is liable for the partner's obligation to contribute to the partnership.
(6) An assignee for the benefit of creditors of a partnership or a partner, or a person appointed by a court to represent
creditors of a partnership or a partner, may enforce a partner's
obligation to contribute to the partnership. [1998 c 103 §
807.]
ARTICLE 9
CONVERSIONS AND MERGERS
25.05.325
25.05.325 Partner's liability to other partners after
dissolution. (1) Except as otherwise provided in subsection
(2) of this section, after dissolution a partner is liable to the
other partners for the partner's share of any partnership liability incurred under RCW 25.05.315.
(2) A partner who, with knowledge of the dissolution,
incurs a partnership liability under RCW 25.05.315(2) by an
act that is not appropriate for winding up the partnership business is liable to the partnership for any damage caused to the
partnership arising from the liability. [1998 c 103 § 806.]
25.05.330
25.05.330 Settlement of accounts and contributions
among partners. (1) In winding up a partnership's business,
the assets of the partnership, including the contributions of
the partners required by this section, must be applied to discharge its obligations to creditors, including, to the extent
permitted by law, partners who are creditors. Any surplus
must be applied to pay in cash the net amount distributable to
partners in accordance with their right to distributions under
subsection (2) of this section.
(2) Each partner is entitled to a settlement of all partnership accounts upon winding up the partnership business. In
settling accounts among the partners, profits and losses that
result from the liquidation of the partnership assets must be
credited and charged to the partners' accounts. The partnership shall make a distribution to a partner in an amount equal
to any excess of the credits over the charges in the partner's
account. A partner shall contribute to the partnership an
amount equal to any excess of the charges over the credits in
the partner's account, except, in the case of a limited liability
partnership the partner shall make such contribution only to
the extent of his or her share of any unpaid partnership obligations for which the partner has personal liability under
RCW 25.05.125.
(3) If a partner fails to contribute the full amount
required under subsection (2) of this section, all of the other
partners shall contribute, in the proportions in which those
partners share partnership losses, the additional amount necessary to satisfy the partnership obligations for which they
are personally liable under RCW 25.05.125. A partner or
partner's legal representative may recover from the other
partners any contributions the partner makes to the extent the
amount contributed exceeds that partner's share of the partnership obligations for which the partner is personally liable
under RCW 25.05.125.
(4) After the settlement of accounts, each partner shall
contribute, in the proportion in which the partner shares part[Title 25 RCW—page 12]
25.05.350
25.05.350 Definitions. The definitions in this article
[section] apply throughout this article unless the context
clearly requires otherwise:
(1) "General partner" means a partner in a partnership
and a general partner in a limited partnership.
(2) "Limited partner" means a limited partner in a limited
partnership.
(3) "Limited partnership" means a limited partnership
created under the Washington uniform limited partnership
act, predecessor law, or comparable law of another jurisdiction.
(4) "Partner" includes both a general partner and a limited partner. [1998 c 103 § 901.]
25.05.355
25.05.355 Conversion of partnership to limited partnership. (1) A partnership may be converted to a limited
partnership pursuant to this section.
(2) The terms and conditions of a conversion of a partnership to a limited partnership must be approved by all of
the partners or by a number or percentage specified for conversion in the partnership agreement.
(3) After the conversion is approved by the partners, the
partnership shall file a certificate of limited partnership in the
jurisdiction in which the limited partnership is to be formed.
The certificate must include:
(a) A statement that the partnership was converted to a
limited partnership from a partnership;
(b) Its former name; and
(c) A statement of the number of votes cast by the partners for and against the conversion and, if the vote is less than
unanimous, the number or percentage required to approve the
conversion under the partnership agreement.
(4) If the partnership was converted to a domestic limited
partnership, the certificate must also include:
(a) The name of the limited partnership;
(b) The address of the office for records and the name
and address of the agent for service of process appointed pursuant to RCW 25.10.040;
(c) The name and the geographical and mailing address
of each general partner;
(d) The latest date upon which the limited partnership is
to dissolve; and
(e) Any other matters the general partners determine to
include therein.
(2004 Ed.)
Revised Uniform Partnership Act
(5) The conversion takes effect when the certificate of
limited partnership is filed or at any later date specified in the
certificate.
(6) A general partner who becomes a limited partner as a
result of the conversion remains liable as a general partner for
an obligation incurred by the partnership before the conversion takes effect. If the other party to a transaction with the
limited partnership reasonably believes when entering the
transaction that the limited partner is a general partner, the
limited partner is liable for an obligation incurred by the limited partnership within ninety days after the conversion takes
effect. The limited partner's liability for all other obligations
of the limited partnership incurred after the conversion takes
effect is that of a limited partner as provided in the Washington uniform limited partnership act. [1998 c 103 § 902.]
25.05.360
25.05.360 Conversion of limited partnership to partnership. (1) A limited partnership may be converted to a
partnership pursuant to this section.
(2) Notwithstanding a provision to the contrary in a limited partnership agreement, the terms and conditions of a conversion of a limited partnership to a partnership must be
approved by all of the partners.
(3) After the conversion is approved by the partners, the
limited partnership shall cancel its certificate of limited partnership.
(4) The conversion takes effect when the certificate of
limited partnership is canceled.
(5) A limited partner who becomes a general partner as a
result of the conversion remains liable only as a limited partner for an obligation incurred by the limited partnership
before the conversion takes effect. Except as otherwise provided in RCW 25.05.125, the partner is liable as a general
partner for an obligation of the partnership incurred after the
conversion takes effect. [1998 c 103 § 903.]
25.05.365
25.05.365 Effect of conversion—Entity unchanged.
(1) A partnership or limited partnership that has been converted pursuant to this article is for all purposes the same
entity that existed before the conversion.
(2) When a conversion takes effect:
(a) All property owned by the converting partnership or
limited partnership remains vested in the converted entity;
(b) All obligations of the converting partnership or limited partnership continue as obligations of the converted
entity; and
(c) An action or proceeding pending against the converting partnership or limited partnership may be continued as if
the conversion had not occurred. [1998 c 103 § 904.]
25.05.370
25.05.370 Merger of partnerships. (1) One or more
domestic partnerships may merge with one or more domestic
partnerships, domestic limited partnerships, domestic limited
liability companies, or domestic corporations pursuant to a
plan of merger approved or adopted as provided in RCW
25.05.375.
(2) The plan of merger must set forth:
(a) The name of each partnership, limited liability company, limited partnership, and corporation planning to merge
and the name of the surviving partnership, limited liability
(2004 Ed.)
25.05.380
company, limited partnership, or corporation into which the
other partnership, limited liability company, limited partnership, or corporation plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the interests of
each member of each limited liability company, the partnership interests in each partnership and each limited partnership, and the shares of each corporation party to the merger
into the interests, shares, obligations, or other securities of the
surviving or any other partnership, limited liability company,
limited partnership, or corporation or into cash or other property in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the certificate of formation of the
surviving limited liability company;
(b) Amendments to the certificate of limited partnership
of the surviving limited partnership;
(c) Amendments to the articles of incorporation of the
surviving corporation; and
(d) Other provisions relating to the merger.
(4) If the plan of merger does not specify a delayed effective date, it shall become effective upon the filing of articles
of merger. If the plan of merger specifies a delayed effective
time and date, the plan of merger becomes effective at the
time and date specified. If the plan of merger specifies a
delayed effective date but no time is specified, the plan of
merger is effective at the close of business on that date. A
delayed effective date for a plan of merger may not be later
than the ninetieth day after the date it is filed. [1998 c 103 §
905.]
25.05.375
25.05.375 Merger—Plan—Approval. (1) Unless otherwise provided in the partnership agreement, approval of a
plan of merger by a domestic partnership party to the merger
shall occur when the plan is approved by all of the partners.
(2) If a domestic limited partnership is a party to the
merger, the plan of merger shall be adopted and approved as
provided in RCW 25.10.810.
(3) If a domestic limited liability company is a party to
the merger, the plan of merger shall be adopted and approved
as provided in RCW 25.15.400.
(4) If a domestic corporation is a party to the merger, the
plan of merger shall be adopted and approved as provided in
chapter 23B.11 RCW. [1998 c 103 § 906.]
25.05.380
25.05.380 Articles of merger—Filing. (1) Except as
otherwise provided in subsection (2) of this section, after a
plan of merger is approved or adopted, the surviving partnership, limited liability company, limited partnership, or corporation shall deliver to the secretary of state for filing articles
of merger setting forth:
(a) The plan of merger;
(b) If the approval of any partners, members, or shareholders of one or more partnerships, limited liability companies, limited partnerships, or corporations party to the merger
was not required, a statement to that effect; or
(c) If the approval of any partners, members, or shareholders of one or more of the partnerships, limited liability
companies, limited partnerships, or corporations party to the
merger was required, a statement that the merger was duly
[Title 25 RCW—page 13]
25.05.385
Title 25 RCW: Partnerships
approved by such members, partners, and shareholders pursuant to RCW 25.15.400, 25.05.375, or chapter 23B.11
RCW.
(2) If the merger involves only two or more partnerships
and one or more of such partnerships has filed a statement of
partnership authority with the secretary of state, the surviving
partnership shall file articles of merger as provided in subsection (1) of this section. [1998 c 103 § 907.]
25.05.385 Effect of merger. (1) When a merger takes
effect:
(a) Every other partnership, limited liability company,
limited partnership, or corporation that is party to the merger
merges into the surviving partnership, limited liability company, limited partnership, or corporation and the separate
existence of every partnership, limited liability company,
limited partnership, or corporation except the surviving partnership, limited liability company, limited partnership, or
corporation ceases;
(b) The title to all real estate and other property owned
by each partnership, limited liability company, limited partnership, and corporation party to the merger is vested in the
surviving partnership, limited liability company, limited partnership, or corporation without reversion or impairment;
(c) The surviving partnership, limited liability company,
limited partnership, or corporation has all liabilities of each
partnership, limited liability company, limited partnership,
and corporation that is party to the merger;
(d) A proceeding pending against any partnership, limited liability company, limited partnership, or corporation
that is party to the merger may be continued as if the merger
did not occur or the surviving partnership, limited liability
company, limited partnership, or corporation may be substituted in the proceeding for the partnership, limited liability
company, limited partnership, or corporation whose existence ceased;
(e) The certificate of formation of the surviving limited
liability company is amended to the extent provided in the
plan of merger;
(f) The partnership agreement of the surviving limited
partnership is amended to the extent provided in the plan of
merger;
(g) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of
merger; and
(h) The former members of every limited liability company party to the merger, the former holders of the partnership interests of every domestic partnership or limited partnership that is party to the merger, and the former holders of
the shares of every domestic corporation that is party to the
merger are entitled only to the rights provided in the plan of
merger, or to their rights under this article, to their rights
under RCW 25.10.900 through 25.10.955, or to their rights
under chapter 23B.13 RCW.
(2) Unless otherwise agreed, a merger of a domestic partnership, including a domestic partnership which is not the
surviving entity in the merger, shall not require the domestic
partnership to wind up its affairs under article 8 of this chapter.
(3) Unless otherwise agreed, a merger of a domestic limited partnership, including a domestic limited partnership
25.05.385
[Title 25 RCW—page 14]
which is not the surviving entity in the merger, shall not
require the domestic limited partnership to wind up its affairs
under RCW 25.10.460 or pay its liabilities and distribute its
assets under RCW 25.10.470.
(4) Unless otherwise agreed, a merger of a domestic limited liability company, including a domestic limited liability
company which is not the surviving entity in the merger, shall
not require the domestic limited liability company to wind up
its affairs under RCW 25.15.295 or pay its liabilities and distribute its assets under RCW 25.15.300. [1998 c 103 § 908.]
25.05.390
25.05.390 Merger—Foreign and domestic. (1) One or
more foreign partnerships, foreign limited liability companies, foreign limited partnerships, and foreign corporations
may merge with one or more domestic partnerships, domestic
limited liability companies, domestic limited partnerships, or
domestic corporations if:
(a) The merger is permitted by the law of the jurisdiction
under which each foreign partnership was organized, each
foreign limited liability company was formed, each foreign
limited partnership was organized, and each foreign corporation was incorporated, and each foreign partnership, foreign
limited liability company, foreign limited partnership, and
foreign corporation complies with that law in effecting the
merger;
(b) The surviving entity complies with RCW 25.05.380;
(c) Each domestic limited liability company complies
with RCW 25.15.400;
(d) Each domestic limited partnership complies with
RCW 25.10.810; and
(e) Each domestic corporation complies with RCW
23B.11.080.
(2) Upon the merger taking effect, a surviving foreign
limited liability company, limited partnership, or corporation
is deemed to appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or
the rights of dissenting members, partners, or shareholders of
each domestic limited liability company, domestic limited
partnership, or domestic corporation party to the merger.
[1998 c 103 § 909.]
25.05.395
25.05.395 Nonexclusive. This article is not exclusive.
Partnerships, limited partnerships, limited liability companies, or corporations may be converted or merged in any
other manner provided by law. [1998 c 103 § 910.]
ARTICLE 10
DISSENTERS' RIGHTS
25.05.420
25.05.420 Definitions. The definitions in this section
apply throughout this article, unless the context clearly
requires otherwise.
(1) "Partnership" means the domestic partnership in
which the dissenter holds or held a partnership interest, or the
surviving partnership, limited liability company, limited partnership, or corporation by merger, whether foreign or domestic, of that partnership.
(2) "Dissenter" means a partner who is entitled to dissent
from a plan of merger and who exercises that right when and
in the manner required by this article.
(2004 Ed.)
Revised Uniform Partnership Act
(3) "Fair value," with respect to a dissenter's partnership
interest, means the value of the partner's interest immediately
before the effectuation of the merger to which the dissenter
objects, excluding any appreciation or depreciation in anticipation of the merger unless exclusion would be inequitable.
(4) "Interest" means interest from the effective date of
the merger until the date of payment, at the average rate currently paid by the partnership on its principal bank loans or, if
none, at a rate that is fair and equitable under all the circumstances. [1998 c 103 § 1001.]
25.05.425
25.05.425 Partner—Dissent—Payment of fair value.
(1) Except as provided in RCW 25.05.435 or 25.05.445(2), a
partner in a domestic partnership is entitled to dissent from,
and obtain payment of the fair value of the partner's interest
in a partnership in the event of consummation of a plan of
merger to which the partnership is a party as permitted by
RCW 25.05.370 or 25.05.390.
(2) A partner entitled to dissent and obtain payment for
the partner's interest in a partnership under this article may
not challenge the merger creating the partner's entitlement
unless the merger fails to comply with the procedural requirements imposed by this title, Title 23B RCW, RCW 25.10.800
through 25.10.840, or 25.15.430, as applicable, or the partnership agreement, or is fraudulent with respect to the partner
or the partnership.
(3) The right of a dissenting partner in a partnership to
obtain payment of the fair value of the partner's interest in the
partnership shall terminate upon the occurrence of any one of
the following events:
(a) The proposed merger is abandoned or rescinded;
(b) A court having jurisdiction permanently enjoins or
sets aside the merger; or
(c) The partner's demand for payment is withdrawn with
the written consent of the partnership. [1998 c 103 § 1002.]
25.05.430
25.05.430 Dissenters' rights—Notice—Timing. (1)
Not less than ten days prior to the approval of a plan of
merger, the partnership must send a written notice to all partners who are entitled to vote on or approve the plan of merger
that they may be entitled to assert dissenters' rights under this
article. Such notice shall be accompanied by a copy of this
article.
(2) The partnership shall notify in writing all partners not
entitled to vote on or approve the plan of merger that the plan
of merger was approved, and send them the dissenters' notice
as required by RCW 25.05.440. [1998 c 103 § 1003.]
25.05.435
25.05.435 Partner—Dissent—Voting restriction. A
partner of a partnership who is entitled to vote on or approve
the plan of merger and who wishes to assert dissenters' rights
must not vote in favor of or approve the plan of merger. A
partner who does not satisfy the requirements of this section
is not entitled to payment for the partner's interest in the partnership under this article. [1998 c 103 § 1004.]
25.05.440
25.05.440 Partners—Dissenters' notice—Requirements. (1) If the plan of merger is approved, the partnership
shall deliver a written dissenters' notice to all partners who
satisfied the requirements of RCW 25.05.435.
(2004 Ed.)
25.05.460
(2) The dissenters' notice required by RCW 25.05.430(2)
or by subsection (1) of this section must be sent within ten
days after the approval of the plan of merger, and must:
(a) State where the payment demand must be sent;
(b) Inform partners as to the extent transfer of the partner's interest in the partnership will be restricted as permitted
by RCW 25.05.450 after the payment demand is received;
(c) Supply a form for demanding payment;
(d) Set a date by which the partnership must receive the
payment demand, which date may not be fewer than thirty
nor more than sixty days after the date the notice under this
section is delivered; and
(e) Be accompanied by a copy of this article. [1998 c
103 § 1005.]
25.05.445
25.05.445 Partner—Payment demand—Entitlement.
(1) A partner who demands payment retains all other rights of
a partner in the partnership until the proposed merger
becomes effective.
(2) A partner in a partnership sent a dissenters' notice
who does not demand payment by the date set in the dissenters' notice is not entitled to payment for the partner's interest
in the partnership under this article. [1998 c 103 § 1006.]
25.05.450
25.05.450 Partners' interests—Transfer restriction.
The partnership agreement may restrict the transfer of partners' interests in the partnership from the date the demand for
their payment is received until the proposed merger becomes
effective or the restriction is released under this article.
[1998 c 103 § 1007.]
25.05.455
25.05.455 Payment of fair value—Requirements for
compliance. (1) Within thirty days of the later of the date the
proposed merger becomes effective, or the payment demand
is received, the partnership shall pay each dissenter who complied with RCW 25.05.445 the amount the partnership estimates to be the fair value of the dissenting partner's interest in
the partnership, plus accrued interest.
(2) The payment must be accompanied by:
(a) Copies of the financial statements for the partnership
for its most recent fiscal year;
(b) An explanation of how the partnership estimated the
fair value of the partner's interest in the partnership;
(c) An explanation of how the accrued interest was calculated;
(d) A statement of the dissenter's right to demand payment; and
(e) A copy of this article. [1998 c 103 § 1008.]
25.05.460
25.05.460 Merger—Not effective within sixty days—
Transfer restrictions. (1) If the proposed merger does not
become effective within sixty days after the date set for
demanding payment, the partnership shall release any transfer restrictions imposed as permitted by RCW 25.05.450.
(2) If, after releasing transfer restrictions, the proposed
merger becomes effective, the partnership must send a new
dissenters' notice as provided in RCW 25.05.430(2) and
25.05.440 and repeat the payment demand procedure. [1998
c 103 § 1009.]
[Title 25 RCW—page 15]
25.05.465
Title 25 RCW: Partnerships
25.05.465
25.05.465 Dissenter's estimate of fair value—Notice.
(1) A dissenting partner may notify the partnership in writing
of the dissenter's own estimate of the fair value of the dissenter's interest in the partnership, and amount of interest
due, and demand payment of the dissenter's estimate, less any
payment under RCW 25.05.460, if:
(a) The dissenter believes that the amount paid is less
than the fair value of the dissenter's interest in the partnership, or that the interest due is incorrectly calculated;
(b) The partnership fails to make payment within sixty
days after the date set for demanding payment; or
(c) The partnership, having failed to effectuate the proposed merger, does not release the transfer restrictions
imposed on the partners' interests as permitted by RCW
25.05.450 within sixty days after the date set for demanding
payment.
(2) A dissenter waives the right to demand payment
under this section unless the dissenter notifies the partnership
of the dissenter's demand in writing under subsection (1) of
this section within thirty days after the partnership made payment for the dissenter's interest in the partnership. [1998 c
103 § 1010.]
25.05.470
25.05.470 Unsettled demand for payment—Proceeding—Parties—Appraisers. (1) If a demand for payment
under RCW 25.05.445 remains unsettled, the partnership
shall commence a proceeding within sixty days after receiving the payment demand and petition the court to determine
the fair value of the dissenting partner's interest in the partnership, and accrued interest. If the partnership does not commence the proceeding within the sixty-day period, it shall pay
each dissenter whose demand remains unsettled the amount
demanded.
(2) The partnership shall commence the proceeding in
the superior court. If the partnership is a domestic partnership, it shall commence the proceeding in the county where
its chief executive office is maintained.
(3) The partnership shall make all dissenters, whether or
not residents of this state, whose demands remain unsettled
parties to the proceeding as in an action against their partnership interests in the partnership and all parties must be served
with a copy of the petition. Nonresidents may be served by
registered or certified mail or by publication as provided by
law.
(4) The partnership may join as a party to the proceeding
any partner who claims to be a dissenter but who has not, in
the opinion of the partnership, complied with the provisions
of this article. If the court determines that such partner has not
complied with the provisions of this article, the partner shall
be dismissed as a party.
(5) The jurisdiction of the court in which the proceeding
is commenced is plenary and exclusive. The court may
appoint one or more persons as appraisers to receive evidence
and recommend decisions on the question of fair value. The
appraisers have the powers described in the order appointing
them or in any amendment to it. The dissenters are entitled to
the same discovery rights as parties in other civil proceedings.
(6) Each dissenter made a party to the proceeding is entitled to judgment for the amount, if any, by which the court
finds the fair value of the dissenter's partnership interest in
[Title 25 RCW—page 16]
the partnership, plus interest, exceeds the amount paid by the
partnership. [1998 c 103 § 1011.]
25.05.475
25.05.475 Unsettled demand for payment—Costs—
Fees and expenses of counsel. (1) The court in a proceeding
commenced under RCW 25.05.470 shall determine all costs
of the proceeding, including the reasonable compensation
and expenses of appraisers appointed by the court. The court
shall assess the costs against the partnership, except that the
court may assess the costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the
court finds the dissenters acted arbitrarily, vexatiously, or not
in good faith in demanding payment.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the partnership and in favor of any or all dissenters if the court finds the partnership did not substantially
comply with the requirements of this article; or
(b) Against either the partnership or a dissenter, in favor
of any other party, if the court finds that the party against
whom the fees and expenses are assessed acted arbitrarily,
vexatiously, or not in good faith with respect to the rights provided by this article.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not
be assessed against the partnership, the court may award to
these counsel reasonable fees to be paid out of the amounts
awarded to the dissenters who were benefited. [1998 c 103 §
1012.]
ARTICLE 11
LIMITED LIABILITY PARTNERSHIP
25.05.500
25.05.500 Formation—Registration—Application—
Fee—Forms. (1) A partnership which is not a limited liability partnership on June 11, 1998, may become a limited liability partnership upon the approval of the terms and conditions upon which it becomes a limited liability partnership by
the vote necessary to amend the partnership agreement
except, in the case of a partnership agreement that expressly
considers obligations to contribute to the partnership, the vote
necessary to amend those provisions, and by filing the applications required by subsection (2) of this section. A partnership which is a limited liability partnership on June 11, 1998,
continues as a limited liability partnership under this chapter.
(2) To become and to continue as a limited liability partnership, a partnership shall file with the secretary of state an
application stating the name of the partnership; the address of
its principal office; if the partnership's principal office is not
located in this state, the address of a registered office and the
name and address of a registered agent for service of process
in this state which the partnership will be required to maintain; the number of partners; a brief statement of the business
in which the partnership engages; any other matters that the
partnership determines to include; and that the partnership
thereby applies for status as a limited liability partnership.
(3) The application shall be accompanied by a fee of one
hundred seventy-five dollars for each partnership.
(2004 Ed.)
Revised Uniform Partnership Act
(4) The secretary of state shall register as a limited liability partnership any partnership that submits a completed
application with the required fee.
(5) A partnership registered under this section shall pay
an annual fee, in each year following the year in which its
application is filed, on a date and in an amount specified by
the secretary of state. The fee must be accompanied by a
notice, on a form provided by the secretary of state, of the
number of partners currently in the partnership and of any
material changes in the information contained in the partnership's application for registration.
(6) Registration is effective immediately after the date an
application is filed, and remains effective until:
(a) It is voluntarily withdrawn by filing with the secretary of state a written withdrawal notice executed by a majority of the partners or by one or more partners or other persons
authorized to execute a withdrawal notice; or
(b) Thirty days after receipt by the partnership of a notice
from the secretary of state, which notice shall be sent by first
class mail, postage prepaid, that the partnership has failed to
make timely payment of the annual fee specified in subsection (5) of this section, unless the fee is paid within such a
thirty-day period.
(7) The status of a partnership as a limited liability partnership, and the liability of the partners thereof, shall not be
affected by: (a) Errors in the information stated in an application under subsection (2) of this section or a notice under
subsection (6) of this section; or (b) changes after the filing of
such an application or notice in the information stated in the
application or notice.
(8) The secretary of state may provide forms for the
application under subsection (2) of this section or a notice
under subsection (6) of this section. [1998 c 103 § 1101.]
25.05.505
25.05.505 Name. The name of a limited liability partnership shall contain the words "limited liability partnership"
or the abbreviation "L.L.P." or "LLP" as the last words or letters of its name. [1998 c 103 § 1102.]
25.05.510
25.05.510 Rendering professional services. (1) A person or group of persons licensed or otherwise legally authorized to render professional services, as defined in RCW
18.100.030, within this state may organize and become a
member or members of a limited liability partnership under
the provisions of this chapter for the purposes of rendering
professional service. Nothing in this section prohibits a person duly licensed or otherwise legally authorized to render
professional services in any jurisdiction other than this state
from becoming a member of a limited liability partnership
organized for the purpose of rendering the same professional
services. Nothing in this section prohibits a limited liability
partnership from rendering professional services outside this
state through individuals who are not duly licensed or otherwise legally authorized to render such professional services
within this state.
(2)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified
pursuant to chapters 18.06, 18.225, 18.22, 18.25, 18.29,
18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.64, 18.79,
18.83, 18.89, 18.108, and 18.138 RCW may join and render
(2004 Ed.)
25.05.560
their individual professional services through one limited liability partnership and are to be considered, for the purpose of
forming a limited liability partnership, as rendering the "same
specific professional services" or "same professional services" or similar terms.
(b) Notwithstanding any other provision of this chapter,
health care professionals who are licensed pursuant to chapters 18.57 and 18.71 RCW may join and render their individual professional services through one limited liability partnership and are to be considered, for the purpose of forming
a limited liability partnership, as rendering the "same specific
professional services" or "same professional services" or similar terms.
(c) Formation of a limited liability partnership under this
subsection does not restrict the application of the uniform
disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW,
including but not limited to restrictions on persons practicing
a health profession without being appropriately credentialed
and persons practicing beyond the scope of their credential.
[2001 c 251 § 31; 1998 c 103 § 1103.]
Severability—2001 c 251: See RCW 18.225.900.
ARTICLE 12
FOREIGN LIMITED LIABILITY PARTNERSHIP
25.05.550
25.05.550 Law governing foreign limited liability
partnership. (1) The law under which a foreign limited liability partnership is formed governs relations among the partners and between the partners and the partnership and, except
as otherwise provided in RCW 25.05.125(4), the liability of
partners for obligations of the partnership.
(2) A foreign limited liability partnership may not be
denied a statement of foreign qualification by reason of any
difference between the law under which the partnership was
formed and the law of this state.
(3) A statement of foreign qualification does not authorize a foreign limited liability partnership to engage in any
business or exercise any power that a partnership may not
engage in or exercise in this state as a limited liability partnership. [1998 c 103 § 1201.]
25.05.555
25.05.555 Statement of foreign qualification. Before
transacting business in this state, a foreign limited liability
partnership must register with the secretary of state under this
chapter in the same manner as a limited liability partnership,
except that if the foreign limited liability partnership's name
contains the words "registered limited liability partnership"
or the abbreviation "R.L.L.P." or "RLLP," it may include
those words or abbreviations in its application with the secretary of state. [1998 c 103 § 1202.]
25.05.560
25.05.560 Effect of failure to qualify. (1) A foreign
limited liability partnership transacting business in this state
may not maintain an action or proceeding in this state unless
it has in effect a registration as a foreign limited liability partnership.
(2) The failure of a foreign limited liability partnership to
have in effect a registration as a foreign limited liability partnership does not impair the validity of a contract or act of the
[Title 25 RCW—page 17]
25.05.565
Title 25 RCW: Partnerships
foreign limited liability partnership or preclude it from
defending an action or proceeding in this state.
(3) A limitation on personal liability of a partner is not
waived solely by transacting business in this state without
registration as a foreign limited liability partnership.
(4) If a foreign limited liability partnership transacts
business in this state without a registration as a foreign limited liability partnership, the secretary of state is its agent for
service of process with respect to a right of action arising out
of the transaction of business in this state. [1998 c 103 §
1203.]
25.05.565
25.05.565 Activities not constituting transacting
business. (1) Activities of a foreign limited liability partnership which do not constitute transacting business for the purpose of this article include:
(a) Maintaining, defending, or settling an action or proceeding;
(b) Holding meetings of its partners or carrying on any
other activity concerning its internal affairs;
(c) Maintaining bank accounts;
(d) Maintaining offices or agencies for the transfer,
exchange, and registration of the partnership's own securities
or maintaining trustees or depositories with respect to those
securities;
(e) Selling through independent contractors;
(f) Soliciting or obtaining orders, whether by mail or
through employees or agents or otherwise, if the orders
require acceptance outside this state before they become contracts;
(g) Creating or acquiring indebtedness, with or without a
mortgage, or other security interest in property;
(h) Collecting debts or foreclosing mortgages or other
security interests in property securing the debts, and holding,
protecting, and maintaining property so acquired;
(i) Conducting an isolated transaction that is completed
within thirty days and is not one in the course of similar transactions; and
(j) Transacting business in interstate commerce.
(2) For purposes of this article, the ownership in this
state of income-producing real property or tangible personal
property, other than property excluded under subsection (1)
of this section, constitutes transacting business in this state.
(3) This section does not apply in determining the contacts or activities that may subject a foreign limited liability
partnership to service of process, taxation, or regulation
under any other law of this state. [1998 c 103 § 1204.]
25.05.570
25.05.570 Action by attorney general. The attorney
general may maintain an action to restrain a foreign limited
liability partnership from transacting business in this state in
violation of this chapter. [1998 c 103 § 1205.]
ARTICLE 13
MISCELLANEOUS PROVISIONS
(a) After June 11, 1998, unless that partnership is continuing the business of a dissolved partnership under *RCW
25.04.410; and
(b) Before June 11, 1998, that elects, as provided by subsection (3) of this section, to be governed by this chapter.
(2) Effective January 1, 1999, this chapter governs all
partnerships.
(3) Before January 1, 1999, a partnership voluntarily
may elect, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to be
governed by this chapter. The provisions of this chapter relating to the liability of the partnership's partners to third parties
apply to limit those partners' liability to a third party who had
done business with the partnership within one year preceding
the partnership's election to be governed by this chapter, only
if the third party knows or has received a notification of the
partnership's election to be governed by this chapter. [1998 c
103 § 1304.]
*Reviser's note: RCW 25.04.410 was repealed by 1998 c 103 § 1308,
effective January 1, 1999.
25.05.902
25.05.902 Establishment of filing fees and miscellaneous charges—Secretary of state. (1) The secretary of
state shall adopt rules establishing fees which shall be
charged and collected for:
(a) Filing of a statement;
(b) Filing of a certified copy of a statement that is filed in
an office in another state;
(c) Filing amendments to any of the foregoing or any
other certificate, statement, or report authorized or permitted
to be filed; and
(d) Copies, certified copies, certificates, and expedited
filings or other special services.
(2) In the establishment of a fee schedule, the secretary
of state shall, insofar as is possible and reasonable, be guided
by the fee schedule provided for corporations covered by
Title 23B RCW. Fees for copies, certified copies, and certificates of record shall be as provided for in RCW 23B.01.220.
(3) All fees collected by the secretary of state shall be
deposited with the state treasurer pursuant to law. [1998 c
103 § 1306.]
25.05.903
25.05.903 Authority to adopt rules—Secretary of
state. The secretary of state shall adopt such rules as are necessary to implement the keeping of records required by this
chapter. [1998 c 103 § 1307.]
25.05.904
25.05.904 Uniformity of application and construction—1998 c 103. This act shall be applied and construed to
effectuate its general purpose to make uniform the law with
respect to the subject of this act among states enacting it.
[1998 c 103 § 1301.]
25.05.905
25.05.905 Short title—1998 c 103. This chapter may
be cited as the Washington revised uniform partnership act.
[1998 c 103 § 1302.]
25.05.906
25.05.901
25.05.901 Dates of applicability. (1) Before January 1,
1999, this chapter governs only a partnership formed:
[Title 25 RCW—page 18]
25.05.906 Severability clause—1998 c 103. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the applica(2004 Ed.)
Limited Partnerships
tion of the provision to other persons or circumstances is not
affected. [1998 c 103 § 1303.]
25.05.907 Savings clause—1998 c 103. This act does
not affect an action or proceeding commenced or right
accrued before June 11, 1998. [1998 c 103 § 1305.]
25.10.410
25.10.420
25.10.430
Chapter 25.10 RCW
LIMITED PARTNERSHIPS
25.10.440
25.10.450
25.10.453
25.10.455
25.10.457
25.10.460
25.10.470
Sections
ARTICLE 1
GENERAL PROVISIONS
25.10.005
25.10.010
25.10.020
25.10.030
25.10.040
25.10.050
25.10.060
25.10.070
25.10.075
25.10.079
Periodic reports required—Contents—Due dates—Rules.
Definitions.
Name.
Reservation of name.
Registered office and agent.
Records to be kept.
Nature of business.
Business transactions of partner with the partnership.
Indemnification of agents of any corporation authorized.
Notice of continued activity—Administrative activity—Limited application.
Certificate of limited partnership.
Amendment to certificate—Restatement of certificate.
Cancellation of certificate.
Execution of documents.
Execution of certificate by judicial act.
Filing in office of secretary of state.
Liability for false statement in certificate.
Notice.
Delivery of certificates to limited partners.
ARTICLE 3
LIMITED PARTNERS
25.10.170
25.10.180
25.10.190
25.10.200
25.10.210
Admission of limited partners.
Voting.
Liability to third parties.
Person erroneously believing that he or she is limited partner.
Information.
ARTICLE 4
GENERAL PARTNERS
25.10.220
25.10.230
25.10.240
25.10.250
25.10.260
Admission of additional general partners.
Events of withdrawal of general partner.
General powers and liabilities of general partner.
Contributions by a general partner.
Voting.
ARTICLE 5
FINANCE
25.10.270
25.10.280
25.10.290
25.10.300
Form of contribution.
Liability for contributions.
Sharing of profits and losses.
Sharing of distributions.
ARTICLE 6
DISTRIBUTIONS AND WITHDRAWAL
25.10.310
25.10.320
25.10.330
25.10.340
25.10.350
25.10.360
25.10.370
Interim distributions.
Withdrawal of general partner.
Withdrawal of limited partner.
Distribution upon withdrawal.
Distribution in kind.
Right to distribution.
Limitations on distributions.
ARTICLE 7
ASSIGNMENT OF PARTNERSHIP INTERESTS
25.10.390
25.10.400
(2004 Ed.)
Nature of partnership interest.
Assignment of partnership interest—Certificate of partnership
interest.
Nonjudicial dissolution.
Judicial dissolution.
Administrative dissolution—Commencement of proceeding.
Administrative dissolution—Notice—Opportunity to correct
deficiencies.
Administrative dissolution—Reinstatement—Application—
When effective.
Winding up.
Distribution of assets.
ARTICLE 9
FOREIGN LIMITED PARTNERSHIPS
25.10.480
25.10.490
25.10.500
25.10.510
25.10.520
25.10.530
25.10.540
25.10.550
25.10.553
25.10.555
ARTICLE 2
FORMATION; CERTIFICATE OF LIMITED PARTNERSHIP
25.10.080
25.10.090
25.10.100
25.10.110
25.10.120
25.10.130
25.10.140
25.10.150
25.10.160
Rights of creditor.
Right of assignee to become limited partner.
Power of estate of deceased or incompetent partner.
ARTICLE 8
DISSOLUTION
25.05.907
Chapter 25.10
Chapter 25.10
Law governing.
Registration.
Issuance of registration.
Name—Foreign limited partnership.
Changes and amendments.
Cancellation of registration.
Transaction of business without registration.
Action by secretary of state.
Revocation of registration—Commencement of proceeding.
Revocation of registration—Notice—Opportunity to correct
deficiencies.
ARTICLE 10
DERIVATIVE ACTIONS
25.10.560
25.10.570
25.10.580
25.10.590
Right of action.
Proper plaintiff.
Pleading.
Expenses.
ARTICLE 11
FEES AND CHARGES
25.10.600
25.10.605
Establishment of filing fees and miscellaneous charges.
Fees for services by secretary of state.
ARTICLE 12
MISCELLANEOUS
25.10.610
25.10.620
25.10.630
25.10.640
25.10.650
25.10.660
25.10.670
25.10.680
25.10.690
Authority to adopt rules.
Construction and application.
Short title.
Severability.
Effective date and extended effective date.
Rules for class not provided for in this chapter.
Application to existing partnerships.
Effect of invalidity of part of this title.
Section captions.
ARTICLE 13
MERGERS
25.10.800
25.10.810
25.10.820
25.10.830
25.10.840
Merger—Plan—Effective date.
Merger—Plan—Approval.
Articles of merger—Filing.
Effect of merger.
Merger—Foreign and domestic.
ARTICLE 14
DISSENTERS' RIGHTS
25.10.900
25.10.905
25.10.910
25.10.915
25.10.920
25.10.925
25.10.930
25.10.935
25.10.940
25.10.945
25.10.950
25.10.955
Definitions.
Partner—Dissent—Payment of fair value.
Dissenters' rights—Notice—Timing.
Partner—Dissent—Voting restriction.
Partners—Dissenters' notice—Requirements.
Partner—Payment demand—Entitlement.
Partnership interests—Transfer restrictions.
Payment of fair value—Requirements for compliance.
Merger—Not effective within sixty days—Transfer restrictions.
Dissenter's estimate of fair value—Notice.
Unsettled demand for payment—Proceeding—Parties—
Appraisers.
Unsettled demand for payment—Costs—Fees and expenses of
counsel.
[Title 25 RCW—page 19]
25.10.005
Title 25 RCW: Partnerships
Reviser's note: Throughout this chapter the phrase "this act" has been
changed to "this chapter." "This act" [1981 c 51] consists of this chapter and
the repeal of chapters 25.08 and 25.98 RCW.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state's functions under this chapter: RCW 43.07.130.
ARTICLE 1
GENERAL PROVISIONS
25.10.005
25.10.005 Periodic reports required—Contents—
Due dates—Rules. (1) A limited partnership formed or registered under this chapter shall deliver to the secretary of state
for filing periodic reports that set forth:
(a) The name of the limited partnership;
(b) The street address of its registered office and the
name of its registered agent in this state;
(c) In the case of a foreign limited partnership, the
address of its principle office in the state or country under the
laws of which it is formed; and
(d) The address of the principle place of business of the
limited partnership in this state.
(2) Periodic reports are due every five years on the anniversary date of the formation or registration of the limited
partnership. The secretary of state may provide by rule for a
longer period of time between reports. Periodic reports must
be accompanied by a fee equal to the corporation license fee
under Title 23B RCW.
(3) As to limited partnerships formed or registered
before June 11, 1998, the secretary of state shall provide by
administrative rule for a schedule under which the first
reports under this section shall be due. The reports may not be
due earlier than one year after June 11, 1998. [1998 c 277 §
5.]
Findings—1998 c 277: See note following RCW 25.10.079.
25.10.010
25.10.010 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Certificate of limited partnership" means the certificate referred to in RCW 25.10.080, and the certificate as
amended or restated.
(2) "Contribution" means any cash, property, services
rendered, or a promissory note or other binding obligation to
contribute cash or property or to perform services, which a
partner contributes to a limited partnership in his capacity as
a partner.
(3) "Event of withdrawal of a general partner" means an
event that causes a person to cease to be a general partner as
provided in RCW 25.10.230.
(4) "Foreign limited partnership" means a partnership
formed under laws other than the laws of this state and having
as partners one or more general partners and one or more limited partners.
(5) "General partner" means a person who has been
admitted to a limited partnership as a general partner in
accordance with the partnership agreement and named in the
certificate of limited partnership as a general partner.
(6) "Limited partner" means a person who has been
admitted to a limited partnership as a limited partner in accordance with the partnership agreement.
[Title 25 RCW—page 20]
(7) "Limited partnership" and "domestic limited partnership" means a partnership formed by two or more persons
under the laws of this state and having one or more general
partners and one or more limited partners.
(8) "Partner" means a limited or general partner.
(9) "Partnership agreement" means any valid agreement,
written or oral, of the partners as to the affairs of a limited
partnership and the conduct of its business.
(10) "Partnership interest" means a partner's share of the
profits and losses of a limited partnership and the right to
receive distributions of partnership assets.
(11) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(12) "State" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(13) "Conforms to law" as used in connection with duties
of the secretary of state in reviewing documents for filing
under this chapter, means the secretary of state has determined the document complies as to form with the applicable
requirements of this chapter.
(14) "Effective date" means, in connection with a document filing made by the secretary of state, the date which is
shown by affixing a "filed" stamp on the documents. When a
document is received for filing by the secretary of state in a
form which complies with the requirements of this chapter
and which would entitle the document to be filed immediately upon receipt, but the secretary of state's approval action
occurs subsequent to the date of receipt, the secretary of
state's filing date shall relate back to the date on which the
secretary of state first received the document in acceptable
form. An applicant may request a specific effective date no
more than thirty days later than the receipt date which might
otherwise be applied as the effective date. [2002 c 296 § 2;
1987 c 55 § 1; 1982 c 35 § 177; 1981 c 51 § 1.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
25.10.020
25.10.020 Name. (1) The name of each limited partnership formed pursuant to this chapter as set forth in its certificate of limited partnership:
(a) Shall contain the words "limited partnership" or the
abbreviation "LP" or "L.P.";
(b) May not contain the name of a limited partner unless
(i) it is also the name of a general partner, or the corporate
name of a corporate general partner, or (ii) the business of the
limited partnership had been carried on under that name
before the admission of that limited partner;
(c) May not contain any of the following words or
phrases: "Bank", "banking", "banker", "trust", "cooperative";
or any combination of the words "industrial" and "loan"; or
any combination of any two or more of the words "building",
"savings", "loan", "home", "association" and "society"; or
any other words or phrases prohibited by any statute of this
state;
(d) Except as authorized by subsections (2) and (3) of
this section, must be distinguishable upon the records of the
secretary of state from:
(2004 Ed.)
Limited Partnerships
(i) The name or reserved name of a foreign or domestic
limited partnership;
(ii) The name of a limited liability company reserved,
registered, or formed under the laws of this state or qualified
to do business as a foreign limited liability company in this
state under chapter 25.15 RCW;
(iii) The corporate name of a corporation incorporated or
authorized to transact business in this state;
(iv) A corporate name reserved or registered under chapter 23B.04 RCW;
(v) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct
affairs in this state under chapter 24.03 RCW;
(vi) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under chapter 24.06 RCW;
(vii) The fictitious name adopted under RCW
23B.15.060 by a foreign corporation authorized to transact
business in this state because its real name is unavailable; and
(viii) The name or reserved name of a limited liability
partnership registered under chapter 25.04 RCW.
(2) A limited partnership may apply to the secretary of
state for authorization to use a name that is not distinguishable upon the records from one or more of the names
described in subsection (1) of this section. The secretary of
state shall authorize use of the name applied for if:
(a) The other limited partnership, company, corporation,
limited liability partnership, or holder consents to the use in
writing and files with the secretary of state documents necessary to change its name or the name reserved or registered to
a name that is distinguishable upon the records of the secretary of state from the name of the applying limited partnership; or
(b) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant's right to use the name
applied for in this state.
(3) A limited partnership may use the name, including
the fictitious name, of another domestic or foreign limited
partnership, limited liability company, limited liability partnership, or corporation that is used in this state if the other
entity is organized, incorporated, formed, or authorized to
transact business in this state and the proposed user limited
partnership:
(a) Has merged with the other limited partnership, limited liability company, limited liability partnership, or corporation; or
(b) Results from reorganization with the other limited
partnership, limited liability company, or corporation.
(4) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(2004 Ed.)
25.10.040
(d) Use of abbreviation or the plural form of a word in
the same name.
(5) This chapter does not control the use of assumed
business names or "trade names." [1998 c 102 § 8; 1996 c 76
§ 1; 1994 c 211 § 1309; 1991 c 269 § 1; (1991 c 72 § 47
repealed by 1991 sp.s. c 11 § 2); 1987 c 55 § 2; 1981 c 51 §
2.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Name of foreign limited partnership: RCW 25.10.510.
25.10.030 Reservation of name. (1) The exclusive
right to the use of a name may be reserved by:
(a) Any person intending to organize a limited partnership under this chapter and to adopt that name;
(b) Any domestic limited partnership or any foreign limited partnership registered in this state which, in either case,
intends to adopt that name;
(c) Any foreign limited partnership intending to register
in this state and to adopt that name; and
(d) Any person intending to organize a foreign limited
partnership and intending to have it registered in this state
and adopt that name.
(2) The reservation shall be made by filing with the secretary of state an application, executed by the applicant, to
reserve a specified name. If the secretary of state finds that
the name is available for use by a domestic or foreign limited
partnership, he or she shall reserve the name for the exclusive
use of the applicant for a period of one hundred and eighty
days. Such reservation shall be limited to one filing and shall
be nonrenewable.
The right to the exclusive use of a reserved name may be
transferred to any other person by filing in the office of the
secretary of state a notice of the transfer, executed by the
applicant for whom the name was reserved and specifying the
name and address of the transferee. [1991 c 269 § 2; 1981 c
51 § 3.]
25.10.030
25.10.040 Registered office and agent. (1) Each limited partnership shall continuously maintain in this state an
office which may but need not be a place of its business in
this state, at which shall be kept the records required by RCW
25.10.050 to be maintained. The office shall be at a specific
geographical location in this state and be identified by number, if any, and street or building address or rural route or
other geographical address. The office shall not be identified
only by post office box number or other nongeographic
address. For purposes of communicating by mail, the secretary of state may permit the use of a post office address in
conjunction with the office address.
(2) Each limited partnership shall continuously maintain
in this state an agent for service of process on the limited partnership, which agent must be an individual resident of this
state, a domestic corporation, or a foreign corporation authorized to do business in this state. The agent may, but need not,
be located at the office identified in RCW 25.10.040(1). The
agent's address shall be at a specific geographical location in
this state and be identified by number, if any, and street or
building address or rural route or other geographical address.
The agent's address shall not be identified only by post office
box number or other nongeographic address. For purposes of
25.10.040
[Title 25 RCW—page 21]
25.10.050
Title 25 RCW: Partnerships
communicating by mail, the secretary of state may permit the
use of a post office address in conjunction with the agent's
geographic address.
(3) A registered agent shall not be appointed without
having given prior written consent to the appointment. The
written consent shall be filed with the secretary of state in
such form as the secretary may prescribe. The written consent
shall be filed with or as a part of the document first appointing a registered agent. In the event any individual or corporation has been appointed agent without consent, that person or
corporation may file a notarized statement attesting to that
fact, and the name shall forthwith be removed from the
records of the secretary of state. The registered agent so
appointed by a limited partnership shall be an agent of such
limited partnership upon whom any process, notice, or
demand required or permitted by law to be served upon the
limited partnership may be served. If a limited partnership
fails to appoint or maintain a registered agent in this state, or
if its registered agent cannot with reasonable diligence be
found, then the secretary of state shall be an agent of such
limited partnership upon whom any such process, notice, or
demand may be served. Service on the secretary of state of
any such process, notice, or demand shall be made by delivering to and leaving with the secretary of state, or with any
authorized clerk of the corporation department of the secretary of state's office, duplicate copies of such process, notice,
or demand. In the event any such process, notice, or demand
is served on the secretary of state, the secretary of state shall
immediately cause one of the copies thereof to be forwarded
by certified mail, addressed to the limited partnership at the
office referred to in RCW 25.10.040(1). Any service so had
on the secretary of state shall be returnable in no fewer than
thirty days.
The secretary of state shall keep a record of all processes,
notices, and demands served upon the secretary of state under
this section, and shall record therein the time of such service
and the secretary of state's action with reference thereto.
Nothing in this section limits or affects the right to serve
any process, notice, or demand required or permitted by law
to be served upon a limited partnership in any other manner
now or hereafter permitted by law.
Any registered agent may resign as such agent upon filing a written notice thereof, executed in duplicate, with the
secretary of state, who shall forthwith mail one copy thereof
to the limited partnership. The appointment of such agent
shall terminate upon the expiration of thirty days after receipt
of such notice by the secretary of state. [1987 c 55 § 3; 1981
c 51 § 4.]
25.10.050
25.10.050 Records to be kept. Each limited partnership shall keep at the office referred to in RCW 25.10.040(1)
the following:
(1) A current list of the full name and last known address
of each partner, specifying separately the general and limited
partners;
(2) A copy of the certificate of limited partnership and all
certificates of amendment thereto, together with executed
copies of any powers of attorney pursuant to which any certificate has been executed;
[Title 25 RCW—page 22]
(3) Copies of the limited partnership's federal, state, and
local tax returns and reports, if any, for the three most recent
years;
(4) Copies of any then effective written partnership
agreements and of any financial statements of the limited
partnership for the three most recent years; and
(5) Unless contained in a written partnership agreement,
a written statement of:
(a) The amount of cash and a description and statement
of the agreed value of the other property or services contributed by each partner and which each partner has agreed to
contribute;
(b) The times at which or events on the happening of
which any additional contributions agreed to be made by
each partner are to be made;
(c) Any right of a partner to receive, or of a general partner to make, distributions to a partner which include a return
of all or any part of the partner's contribution; and
(d) Any events upon the happening of which the limited
partnership is to be dissolved and its affairs wound up.
The books and records are subject to inspection and
copying at the reasonable request, and at the expense, of any
partner during ordinary business hours. [1987 c 55 § 4; 1981
c 51 § 5.]
25.10.060
25.10.060 Nature of business. A limited partnership
may carry on any business that a partnership without limited
partners may carry on. [1981 c 51 § 6.]
25.10.070
25.10.070 Business transactions of partner with the
partnership. Except as provided in the partnership agreement, a partner may lend money to and transact other business with the limited partnership and, subject to other applicable law, has the same rights and obligations with respect
thereto as a person who is not a partner. [1981 c 51 § 7.]
25.10.075
25.10.075 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
25.10.079
25.10.079 Notice of continued activity—Administrative activity—Limited application. (Expires January 1,
2006.) (1) This section applies to all existing limited partnerships formed after June 6, 1945, and before January 1, 1982,
under the authority of statutes effective before January 1,
1982.
(2) A limited partnership under this section shall notify
the secretary of state, before January 1, 1999, that it continues
to actively conduct business. The notice must be in writing,
and must include its principle business address, the name of
its registered agent, and the address of its registered office. If
the limited partnership has not previously appointed a registered agent or designated a registered office, it must do so.
(3) The secretary of state shall notify all limited partnerships under this section of the requirements of subsection (2)
of this section within ninety days of June 11, 1998. The
notice must be in writing, deposited into the mail postage prepaid, and addressed to the registered office of the limited
partnership. If the secretary does not have a record of a registered office, the notice must be addressed to the principle
(2004 Ed.)
Limited Partnerships
business address or other address contained in the secretary's
records.
(4) If the notice is returned as undeliverable, or if the
limited partnership does not comply with subsection (2) of
this section, then the secretary of state shall commence proceedings to administratively dissolve the limited partnership
under RCW 25.10.455.
(5) Limited partnerships dissolved under subsection (4)
of this section may be reinstated under RCW 25.10.457,
except that if the notice was returned as undeliverable the
limited partnership may be reinstated at any time within five
years of dissolution. [1998 c 277 § 2.]
Expiration date—1998 c 277 §§ 1 and 2: "Sections 1 and 2 of this act
expire January 1, 2006." [1998 c 277 § 6.]
Findings—1998 c 277: "The legislature finds that the maintenance of
records regarding outdated limited partnerships, which no longer actively
transact business, imposes an unnecessary financial burden on the state. The
legislature also finds that the maintenance of outdated records regarding limited partnerships prevents the names of these partnerships from being available for use by new business entities. Based upon those findings, the purposes of chapter 277, Laws of 1998 are:
(1) To authorize the secretary of state to identify limited partnerships
formed under legislation that predated the current Washington uniform limited partnership act that are no longer transacting business, and to dissolve
them and make their names available for new business entities actively transacting business in this state; and
(2) To provide for a system under which the secretary of state's records
of limited partnerships formed under current law are kept current and the
records of limited partnerships no longer conducting business can be
purged." [1998 c 277 § 1.]
ARTICLE 2
FORMATION; CERTIFICATE OF
LIMITED PARTNERSHIP
25.10.080
25.10.080 Certificate of limited partnership. (1) In
order to form a limited partnership a certificate of limited
partnership must be executed and duplicate originals filed in
the office of the secretary of state. The certificate shall set
forth:
(a) The name of the limited partnership;
(b) The address of the office for records and the name
and address of the agent for service of process appointed pursuant to RCW 25.10.040;
(c) The name and the geographical and mailing
addresses of each general partner;
(d) If the limited partnership is to have a specific date of
dissolution, the latest date upon which the limited partnership
is to dissolve; and
(e) Any other matters the general partners determine to
include therein.
(2) A limited partnership is formed at the time of the filing of the certificate of limited partnership in the office of the
secretary of state or at any later time specified in the certificate of limited partnership if, in either case, there has been
substantial compliance with the requirements of this section.
[2000 c 169 § 5; 1987 c 55 § 5; 1981 c 51 § 8.]
25.10.090 Amendment to certificate—Restatement
of certificate. (1) A certificate of limited partnership is
amended by filing duplicate originals of a certificate of
amendment thereto in the office of the secretary of state. The
certificate shall set forth:
(a) The name of the limited partnership;
25.10.090
(2004 Ed.)
25.10.100
(b) The date and place of filing of the original certificate
of limited partnership; and
(c) The amendment to the certificate of limited partnership.
(2) Within thirty days after the happening of any of the
following events an amendment to a certificate of limited
partnership reflecting the occurrence of the event or events
shall be filed:
(a) The admission of a new general partner;
(b) The withdrawal of a general partner;
(c) The continuation of the business under RCW
25.10.440 after an event of withdrawal of a general partner;
or
(d) A change in the name of the limited partnership, a
change in the office described in RCW 25.10.040(1), a
change in the name or address of the agent for service of process, a change in the name or address of any general partner,
or a change in the date upon which the limited partnership is
to dissolve.
(3) A general partner who becomes aware that any statement in a certificate of limited partnership was false when
made or that any arrangements or other facts described have
changed, making the certificate inaccurate in any respect,
shall promptly amend the certificate, but an amendment to
show a change of address of a general partner need be filed
only once every twelve months.
(4) A certificate of limited partnership may be amended
at any time for any other proper purpose the general partners
may determine.
(5) No person has any liability because an amendment to
a certificate of limited partnership has not been filed to reflect
the occurrence of any event referred to in subsection (2) of
this section if the amendment is filed within the thirty-day
period specified in subsection (2) of this section.
(6) A certificate of limited partnership is restated by filing duplicate originals of a certificate of restatement in the
office of the secretary of state. The certificate shall set forth:
(a) The name of the limited partnership;
(b) The date and place of filing of the original certificate;
and
(c) A statement setting forth all operative provisions of
the certificate of limited partnership as theretofore amended
together with a statement that the restated articles correctly
set forth without change the provisions of the certificate of
limited partnership as theretofore amended and that the
restated certificate supersedes the original certificate and all
amendments thereto. [1987 c 55 § 6; 1981 c 51 § 9.]
25.10.100
25.10.100 Cancellation of certificate. (1) Upon the
dissolution and completion of winding up of a limited partnership or at any time there are no limited partners, duplicate
originals of a certificate of cancellation shall be filed with the
secretary of state and set forth:
(a) The name of the limited partnership;
(b) The date and place of filing of its original certificate
of limited partnership;
(c) The reason for dissolution;
(d) The effective date, which shall be a later date certain,
of cancellation if it is not to be effective upon the filing of the
certificate; and
[Title 25 RCW—page 23]
25.10.110
Title 25 RCW: Partnerships
(e) Any other information the person filing the certificate
determines.
(2) A certificate of limited partnership shall be canceled
upon the effective date of a certificate of cancellation.
(3) A certificate of limited partnership for a domestic
limited partnership which is not the surviving entity in a
merger shall be canceled upon the effective date of the
merger. [1991 c 269 § 3; 1987 c 55 § 7; 1981 c 51 § 10.]
25.10.110
25.10.110 Execution of documents. (1) Each document required by this article to be filed in the office of the
secretary of state shall be executed in the following manner:
(a) Each original certificate of limited partnership must
be signed by all general partners named therein;
(b) A certificate of amendment or restatement must be
signed by at least one general partner and by each other general partner designated in the certificate as a new general
partner;
(c) A certificate of cancellation must be signed by all
general partners or the limited partners winding up the partnership pursuant to RCW 25.10.460;
(d) If a surviving domestic limited partnership is filing
articles of merger, the articles of merger must be signed by at
least one general partner of the domestic limited partnership,
or if the articles of merger are being filed by a surviving foreign limited partnership or by a corporation, the articles of
merger must be signed by a person authorized by such foreign limited partnership or corporation; and
(e) A foreign limited partnership's application for a certificate of authority must be signed by one of its general partners.
(2) Any person may sign a certificate, articles of merger,
or partnership agreement by an attorney-in-fact: PROVIDED, That each document signed in such manner identifies the capacity in which the signator signed.
(3) The person executing the document shall sign it and
state beneath or opposite the signature the name of the person
and capacity in which the person signs. The document must
be typewritten or printed, and must meet such legibility or
other standards as may be prescribed by the secretary of state.
(4) The execution of a certificate or articles of merger by
a partner constitutes an affirmation under the penalties of perjury that the facts stated therein are true. [1991 c 269 § 4;
1987 c 55 § 8; 1981 c 51 § 11.]
25.10.120
25.10.120 Execution of certificate by judicial act. If a
person required by RCW 25.10.110 to execute a certificate
fails or refuses to do so, any other person who is adversely
affected by the failure or refusal, may petition any court of
competent jurisdiction to direct the execution. If the court
finds that it is proper for the certificate to be executed and that
any person so designated has failed or refused to execute the
certificate, the court shall order the secretary of state to
record an appropriate certificate. [1987 c 55 § 9; 1981 c 51 §
12.]
25.10.130
25.10.130 Filing in office of secretary of state. (1)
Two signed copies of the certificate of limited partnership
and of any certificates of amendment, restatement, or cancellation (or of any judicial decree of amendment or cancella[Title 25 RCW—page 24]
tion) shall be delivered to the secretary of state. A person who
executes a certificate as an agent or fiduciary need not exhibit
evidence of his authority as a prerequisite to filing. Unless the
secretary of state finds that any certificate does not conform
to law, upon receipt of all filing fees required by law the secretary of state shall:
(a) Endorse on each duplicate original the word "Filed"
and the effective date of the filing;
(b) File one duplicate original; and
(c) Return the other duplicate original to the person who
filed it or the person's representative.
(2) Upon the filing of a certificate of amendment or
restatement, or judicial decree of amendment, in the office of
the secretary of state, the certificate of limited partnership
shall be amended or restated as set forth therein, and upon the
effective date of a certificate of cancellation or a judicial
decree thereof, the certificate of limited partnership is canceled. [1991 c 269 § 5; 1987 c 55 § 10; 1982 c 35 § 178; 1981
c 51 § 13.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
25.10.140
25.10.140 Liability for false statement in certificate.
If any certificate of limited partnership or certificate of
amendment, restatement, or cancellation contains a false
statement, one who suffers loss by reliance on the statement
may recover damages for the loss from:
(1) Any person who executes the certificate, or causes
another to execute it on his behalf, and knew, and any general
partner who knew or should have known, the statement to be
false at the time the certificate was executed; and
(2) Any general partner who thereafter knows or should
have known that any arrangement or other fact described in
the certificate has changed, making the statement inaccurate
in any respect within a sufficient time before the statement
was relied upon reasonably to have enabled that general partner to cancel or amend the certificate, or to file a petition for
its cancellation or amendment under RCW 25.10.120. [1991
c 269 § 6; 1987 c 55 § 11; 1981 c 51 § 14.]
25.10.150
25.10.150 Notice. (1) The fact that a certificate of limited partnership is on file in the office of the secretary of state
is notice that the partnership is a limited partnership and the
persons designated therein as general partners are general
partners, but is not notice of any other fact.
(2) A restated certificate of limited partnership shall be
notice that the prior certificate of limited partnership and all
amendments thereto are superseded. [1987 c 55 § 12; 1981 c
51 § 15.]
25.10.160
25.10.160 Delivery of certificates to limited partners.
Upon the return by the secretary of state pursuant to RCW
25.10.130 of a certificate marked "Filed", the general partners shall promptly deliver or mail a copy of the certificate of
limited partnership and each certificate of amendment,
restatement, or cancellation to each limited partner unless the
partnership agreement provides otherwise. [1991 c 269 § 7;
1987 c 55 § 13; 1981 c 51 § 16.]
(2004 Ed.)
Limited Partnerships
ARTICLE 3
LIMITED PARTNERS
25.10.170
25.10.170 Admission of limited partners. (1) A person becomes a limited partner on the later of:
(a) The date the original certificate of limited partnership
is filed; or
(b) The date stated in the records of the limited partnership as the date that person becomes a limited partner.
(2) After the filing of a limited partnership's original certificate of limited partnership, a person may be admitted as an
additional limited partner:
(a) In the case of a person acquiring a partnership interest
directly from the limited partnership, upon the compliance
with the partnership agreement or, if the partnership agreement does not so provide, upon the written consent of all partners; and
(b) In the case of an assignee of a partnership interest of
a partner who has the power, as provided in RCW 25.10.420,
to grant the assignee the right to become a limited partner,
upon the exercise of that power and compliance with any
conditions limiting the grant or exercise of the power. [1987
c 55 § 14; 1981 c 51 § 17.]
25.10.180
25.10.180 Voting. Subject to RCW 25.10.190, the partnership agreement may grant to all or a specified group of the
limited partners the right to vote on a per capita or other basis
upon any matter. [1981 c 51 § 18.]
25.10.190
25.10.190 Liability to third parties. (1) Except as provided in subsection (4) of this section, a limited partner is not
liable for the obligations of a limited partnership unless the
limited partner is also a general partner or, in addition to the
exercise of rights and powers as a limited partner, the limited
partner participates in the control of the business. However, if
the limited partner participates in the control of the business,
the limited partner is liable only to persons who transact business with the limited partnership reasonably believing, based
upon the limited partner's conduct, that the limited partner is
a general partner.
(2) A limited partner does not participate in the control
of the business within the meaning of subsection (1) of this
section solely by doing one or more of the following:
(a) Being a contractor for or an agent or employee of the
limited partnership or of a general partner, or being an
officer, director, or shareholder of a general partner that is a
corporation;
(b) Consulting with and advising a general partner with
respect to the business of the limited partnership;
(c) Acting as surety for the limited partnership or guaranteeing or assuming one or more specific obligations of the
limited partnership or providing collateral for partnership
obligations;
(d) Taking any action required or permitted by law to
bring or pursue a derivative action in the right of the limited
partnership;
(e) Requesting or attending a meeting of partners;
(f) Proposing, approving, or disapproving, by voting or
otherwise, on one or more of the following matters:
(2004 Ed.)
25.10.200
(i) The dissolution and winding up of the limited partnership;
(ii) The sale, exchange, lease, mortgage, pledge, or other
transfer of all or substantially all of the assets of the limited
partnership;
(iii) The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business;
(iv) A change in the nature of its business;
(v) The admission or removal of a limited partner;
(vi) The admission or removal of a general partner;
(vii) A transaction involving an actual or potential conflict of interest between a general partner and the limited partnership or the limited partners;
(viii) An amendment to the partnership agreement or certificate of limited partnership; or
(ix) Matters related to the business of the limited partnership not otherwise enumerated in this subsection (2), that the
partnership agreement states in writing may be subject to the
approval or disapproval of limited partners or a committee of
limited partners;
(g) Winding up the limited partnership pursuant to RCW
25.10.460 or conducting the affairs of the limited partnership
during any portion of the ninety days referred to in RCW
25.10.440; or
(h) Exercising any right or power permitted to limited
partners under this chapter and not specifically enumerated in
this subsection (2).
(3) The enumeration in subsection (2) of this section
does not mean that the possession or exercise of any other
powers by a limited partner constitutes participation by him
in the control of the business of the limited partnership.
(4) A limited partner who knowingly permits his name to
be used in the name of the limited partnership, except under
circumstances permitted by *RCW 25.10.020(2), is liable to
creditors who extend credit to the limited partnership without
actual knowledge that the limited partner is not a general
partner. [1987 c 55 § 15; 1981 c 51 § 19.]
*Reviser's note: RCW 25.10.020 was amended by 1991 c 269 § 1,
changing subsection (2) to subsection (1)(b).
25.10.200
25.10.200 Person erroneously believing that he or she
is limited partner. (1) Except as provided in subsection (2)
of this section, a person who makes a contribution to a business enterprise and erroneously but in good faith believes that
he or she has become a limited partner in the enterprise is not
a general partner in the enterprise and is not bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising any rights of a
limited partner, if, within a reasonable time after ascertaining
the mistake, the person:
(a) Causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed; or
(b) Withdraws from future equity participation in the
enterprise by executing and filing in the office of the secretary of state a certificate or statement declaring withdrawal
under this section.
(2) A person who makes a contribution of the kind
described in subsection (1) of this section is liable as a general partner to any third party who transacts business with the
enterprise (a) before the person withdraws and an appropriate
certificate is filed to show withdrawal, or (b) before an appro[Title 25 RCW—page 25]
25.10.210
Title 25 RCW: Partnerships
priate certificate is filed to show that the person is not a general partner, but in either case only if the third party actually
believed in good faith that the person was a general partner at
the time of the transaction. [1987 c 55 § 16; 1983 c 302 § 1;
1981 c 51 § 20.]
25.10.210
25.10.210 Information. Each limited partner or limited
partner's agent or attorney has the right to:
(1) Inspect and copy any of the partnership records
required to be maintained by RCW 25.10.050; and
(2) Obtain from the general partners from time to time
upon reasonable demand (a) true and full information regarding the state of the business and financial condition of the
limited partnership, (b) promptly after becoming available, a
copy of the limited partnership's federal income tax returns
and state business and occupation tax return for each year,
and (c) other information regarding the affairs of the limited
partnership as is just and reasonable. [1991 c 269 § 10; 1987
c 55 § 17; 1981 c 51 § 21.]
ARTICLE 4
GENERAL PARTNERS
25.10.220
25.10.220 Admission of additional general partners.
Unless otherwise provided in the partnership agreement, after
the filing of a limited partnership's original certificate of limited partnership, additional general partners may be admitted
only with the specific written consent of each general partner,
if any, and limited partners representing at least two-thirds of
the agreed value, as stated in the records of the partnership
required to be kept under RCW 25.10.050, of contributions
made, or required to be made, by all limited partners. [2000
c 169 § 6; 1981 c 51 § 22.]
(f) Seeks, consents to, or acquiesces in the appointment
of a trustee, receiver, or liquidator of the general partner or of
all or any substantial part of his or her properties;
(5) Unless otherwise provided in the certificate of limited partnership, ninety days after the commencement of any
proceeding against the general partner seeking reorganization, arrangement, composition, readjustment, liquidation,
dissolution, or similar relief under any statute, law, or regulation, the proceeding has not been dismissed, or if within sixty
days after the appointment without the general partner's consent or acquiescence of a trustee, receiver, or liquidator of the
general partner of all or any substantial part of his or her
properties, the appointment is not vacated or stayed, or within
sixty days after the expiration of any such stay, the appointment is not vacated;
(6) In the case of a general partner who is a natural person:
(a) His or her death; or
(b) The entry by a court of competent jurisdiction adjudicating the general partner incompetent to manage his or her
person or estate;
(7) In the case of a general partner who is acting as a general partner by virtue of being a trustee of a trust, the termination of the trust (but not merely the substitution of a new
trustee);
(8) In the case of a general partner that is a separate partnership, the dissolution and commencement of winding up of
the separate partnership;
(9) In the case of a general partner that is a corporation,
the filing of a certificate of dissolution, or its equivalent, for
the corporation or the revocation of its charter; or
(10) In the case of an estate, the distribution by the fiduciary of the estate's entire interest in the partnership. [2000 c
169 § 7; 1987 c 55 § 18; 1981 c 51 § 23.]
25.10.230
25.10.230 Events of withdrawal of general partner.
Except as approved by the specific written consent of all partners at the time, a person ceases to be a general partner of a
limited partnership, and the person or its successor in interest
attains the status of an assignee as set forth in RCW
25.10.400(1), upon the happening of any of the following
events:
(1) The general partner withdraws from the limited partnership as provided in RCW 25.10.320;
(2) The general partner ceases to be a member of the limited partnership as provided in RCW 25.10.400;
(3) The general partner is removed as a general partner in
accordance with the partnership agreement;
(4) Unless otherwise provided in writing in the partnership agreement, the general partner:
(a) Makes an assignment for the benefit of creditors;
(b) Files a voluntary petition in bankruptcy;
(c) Is adjudicated a bankrupt or insolvent;
(d) Files a petition or answer seeking for himself or herself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation;
(e) Files an answer or other pleading admitting or failing
to contest the material allegations of a petition filed against
him or her in any proceeding of this nature; or
[Title 25 RCW—page 26]
25.10.240
25.10.240 General powers and liabilities of general
partner. (1) Except as provided in this chapter or in the partnership agreement, a general partner of a limited partnership
has the rights and powers and is subject to the restrictions of
a partner in a partnership without limited partners.
(2) Except as provided in this chapter, a general partner
of a limited partnership has the liabilities of a partner in a
partnership without limited partners to persons other than the
limited partnership and the other partners. Except as provided
in this chapter or in the partnership agreement, a general partner of a limited partnership has the liabilities of a partner in a
partnership without limited partners to the limited partnership
and to the other partners. [1987 c 55 § 19; 1983 c 302 § 2;
1981 c 51 § 24.]
25.10.250
25.10.250 Contributions by a general partner. A
general partner of a limited partnership may make contributions to the limited partnership and share in the profits and
losses of, and in distributions from, the limited partnership as
a general partner. A general partner also may make contributions to and share in profits, losses, and distributions as a limited partner. A person who is both a general partner and a limited partner has the rights and powers, and is subject to the
restrictions and liabilities, of a general partner and, except as
provided in the partnership agreement, also has the powers,
(2004 Ed.)
Limited Partnerships
25.10.350
25.10.260 Voting. The partnership agreement may
grant to all or certain identified general partners the right to
vote on a per capita or any other basis, separately or with all
or any class of the limited partners, on any matter. [1981 c 51
§ 26.]
among the partners, and among classes of partners, in the
manner provided in the partnership agreement. If the partnership agreement does not so provide, distributions shall be
made on the basis of the value, as stated in the partnership
agreement or, if not stated therein, in the limited partnership
records required to be kept pursuant to RCW 25.10.050(5), of
the contributions made by each partner to the extent they
have been received by the limited partnership and have not
been returned. [1987 c 55 § 23; 1981 c 51 § 30.]
ARTICLE 5
FINANCE
ARTICLE 6
DISTRIBUTIONS AND WITHDRAWAL
and is subject to the restrictions, of a limited partner to the
extent of his or her participation in the partnership as a limited partner. [1987 c 55 § 20; 1981 c 51 § 25.]
25.10.260
25.10.270
25.10.270 Form of contribution. The contribution of a
partner may be in cash, property, or services rendered, or a
promissory note or other obligation to contribute cash or
property or to perform services. [1981 c 51 § 27.]
Prospective application: RCW 25.10.650.
25.10.280
25.10.280 Liability for contributions. (1) Except as
provided in the partnership agreement, a partner is obligated
to the limited partnership to perform any promise to contribute cash or property or to perform services, even if the partner
is unable to perform because of death, disability, or any other
reason. If a partner does not make the required contribution
of property or services, the partner is obligated at the option
of the limited partnership to contribute cash equal to that portion of the value, as stated in the partnership agreement or, if
not stated in the agreement, in the limited partnership records
required to be kept pursuant to RCW 25.10.050(5), of the
stated contribution that has not been made.
(2) Unless otherwise provided in the partnership agreement, the obligation of a partner to make a contribution or
return money or other property paid or distributed in violation of this chapter may be compromised only by consent of
all the partners. Notwithstanding the compromise, a creditor
of a limited partnership who extends credit, or whose claim
arises, after the entering into of a partnership agreement or an
amendment thereto which, in either case, reflects the obligation, and before the amendment or cancellation thereof to
reflect the compromise, may enforce the original obligation
to the extent that, in extending credit, the creditor reasonably
relied on the obligation of a partner to make a contribution.
[1987 c 55 § 21; 1981 c 51 § 28.]
Prospective application: RCW 25.10.650.
25.10.290
25.10.290 Sharing of profits and losses. The profits
and losses of a limited partnership shall be allocated among
the partners, and among classes of partners, in the manner
provided in the partnership agreement. If the partnership
agreement does not so provide, profits and losses shall be
allocated on the basis of the value, as stated in the partnership
agreement or, if not stated therein, in the limited partnership
records required to be kept pursuant to RCW 25.10.050(5), of
the contributions made by each partner to the extent they
have been received by the limited partnership and have not
been returned. [1987 c 55 § 22; 1981 c 51 § 29.]
25.10.300
25.10.300 Sharing of distributions. Distributions of
cash or other assets of a limited partnership shall be allocated
(2004 Ed.)
25.10.310
25.10.310 Interim distributions. Except as provided in
this article, a partner is entitled to receive distributions from a
limited partnership before the partner's withdrawal from the
limited partnership and before the dissolution and winding up
thereof to the extent and at the times or upon the happening of
the events specified in the partnership agreement. [1987 c 55
§ 24; 1982 c 35 § 179; 1981 c 51 § 31.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
25.10.320
25.10.320 Withdrawal of general partner. A general
partner may withdraw from a limited partnership at any time
by giving written notice to the other partners, but if the withdrawal violates the partnership agreement, the limited partnership may recover from the withdrawing general partner
damages for breach of the partnership agreement and offset
the damages against the amount otherwise distributable to
him. [1981 c 51 § 32.]
25.10.330
25.10.330 Withdrawal of limited partner. A limited
partner may withdraw from a limited partnership at the time
or upon the happening of events specified in and in accordance with the partnership agreement. If the partnership
agreement does not specify the time or the events upon the
happening of which a limited partner may withdraw, a limited partner may not withdraw prior to the time for the dissolution and winding up of the limited partnership. [1996 c 76
§ 2; 1987 c 55 § 25; 1981 c 51 § 33.]
25.10.340
25.10.340 Distribution upon withdrawal. Except as
provided in this article, upon withdrawal any withdrawing
partner is entitled to receive any distribution to which he or
she is entitled under the partnership agreement and, if not
otherwise provided in the partnership agreement, the partner
is entitled to receive, within a reasonable time after withdrawal, the fair value of his or her interest in the limited partnership as of the date of withdrawal based upon his or her
right to share in distributions from the limited partnership.
[1987 c 55 § 26; 1981 c 51 § 34.]
25.10.350
25.10.350 Distribution in kind. Except as provided in
the partnership agreement, a partner, regardless of the nature
of his or her contribution, has no right to demand and receive
any distribution from a limited partnership in any form other
than cash. Except as provided in the partnership agreement, a
partner may not be compelled to accept a distribution of any
asset in kind from a limited partnership to the extent that the
[Title 25 RCW—page 27]
25.10.360
Title 25 RCW: Partnerships
percentage of the asset distributed to the partner exceeds a
percentage of that asset which is equal to the percentage in
which he or she shares in distributions from the limited partnership. [1987 c 55 § 27; 1981 c 51 § 35.]
25.10.360
25.10.360 Right to distribution. At the time a partner
becomes entitled to receive a distribution, he has the status of
and is entitled to all remedies available to a creditor of the
limited partnership with respect to the distribution. [1981 c
51 § 36.]
25.10.370
25.10.370 Limitations on distributions. (1) A limited
partnership shall not make a distribution to a partner to the
extent that at the time of the distribution, after giving effect to
the distribution, (a) the limited partnership would not be able
to pay its debts as they become due in the usual course of
business, or (b) all liabilities of the limited partnership, other
than liabilities to partners on account of their partnership
interests and liabilities for which the recourse of creditors is
limited to specified property of the limited partnership,
exceed the fair value of the assets of the limited partnership,
except that the fair value of property that is subject to a liability for which the recourse of creditors is limited shall be
included in the assets of the limited partnership only to the
extent that the fair value of that property exceeds that liability.
(2)(a) A limited partner who receives a distribution in
violation of subsection (1) of this section, and who knew at
the time of the distribution that the distribution violated subsection (1) of this section, shall be liable to the limited partnership for the amount of the distribution.
(b) A limited partner who receives a distribution in violation of subsection (1) of this section, and who did not know
at the time of the distribution that the distribution violated
subsection (1) of this section, shall not be liable for the
amount of the distribution. This subsection (2)(b) shall not
affect any obligation or liability of a limited partner under a
partnership agreement or other applicable law for the amount
of a distribution.
(3) A limited partner who receives a distribution from a
limited partnership shall have no liability under this chapter
for the amount of the distribution after the expiration of three
years from the date of the distribution, except to the extent
such limited partner shall have agreed in writing to extend
liability beyond the expiration of the three-year period.
[1991 c 269 § 29; 1987 c 55 § 28; 1981 c 51 § 37.]
ARTICLE 7
ASSIGNMENT OF PARTNERSHIP INTERESTS
(b) An assignment of a partnership interest does not dissolve a limited partnership or entitle the assignee to become
or to exercise any rights or powers of a partner;
(c) An assignment entitles the assignee to share in such
profits and losses, to receive such distribution or distributions, and to receive such allocation of income, gain, loss,
deduction, or credit or similar item to which the assignor was
entitled, to the extent assigned; and
(d) A partner ceases to be a partner and to have the power
to exercise any rights or powers of a partner upon assignment
of all of his or her partnership interest.
(2) The partnership agreement may provide that a partner's interest in a limited partnership may be evidenced by a
certificate of partnership interest issued by the limited partnership and may also provide for the assignment or transfer
of any partnership interest represented by such a certificate
and make other provisions with respect to such certificates.
[1987 c 55 § 30; 1981 c 51 § 40.]
25.10.410
25.10.410 Rights of creditor. On application to a court
of competent jurisdiction by any judgment creditor of a partner, the court may charge the partnership interest of the partner with payment of the unsatisfied amount of the judgment
with interest. To the extent so charged, the judgment creditor
has only the rights of an assignee of the partnership interest.
This chapter does not deprive any partner of the benefit of
any exemption laws applicable to his partnership interest.
[1981 c 51 § 41.]
25.10.420
25.10.420 Right of assignee to become limited partner. (1) An assignee of a partnership interest, including an
assignee of a general partner, may become a limited partner if
and to the extent that (a) the assignor gives the assignee that
right in accordance with authority described in the partnership agreement, or (b) all other partners consent.
(2) An assignee who has become a limited partner has, to
the extent assigned, the rights and powers, and is subject to
the restrictions and liabilities, of a limited partner under the
partnership agreement and this chapter. An assignee who
becomes a limited partner also is liable for the obligations of
his or her assignor to make and return contributions as provided in Articles 5 and 6 of this chapter. However, the
assignee is not obligated for liabilities unknown to the
assignee at the time he or she became a limited partner.
(3) If an assignee of a partnership interest becomes a limited partner, the assignor is not released from his or her liability to the limited partnership under RCW 25.10.140 and
25.10.280. [1987 c 55 § 31; 1981 c 51 § 42.]
Prospective application: RCW 25.10.650.
25.10.430
25.10.390
25.10.390 Nature of partnership interest. A partnership interest is personal property. [1981 c 51 § 39.]
25.10.400
25.10.400 Assignment of partnership interest—Certificate of partnership interest. (1) Unless otherwise provided in the partnership agreement:
(a) A partnership interest is assignable in whole or in
part;
[Title 25 RCW—page 28]
25.10.430 Power of estate of deceased or incompetent
partner. If a partner who is an individual dies or a court of
competent jurisdiction adjudges him to be incompetent to
manage his person or his property, the partner's executor,
administrator, guardian, conservator, or other legal representative may exercise all of the partner's rights for the purpose
of settling the partner's estate or administering the partner's
property, including any power the partner had to give an
assignee the right to become a limited partner. If a partner is
a corporation, trust, or other entity and is dissolved or termi(2004 Ed.)
Limited Partnerships
nated, the powers of that partner may be exercised by its legal
representative or successor. [1981 c 51 § 43.]
ARTICLE 8
DISSOLUTION
25.10.440
25.10.440 Nonjudicial dissolution. A limited partnership is dissolved and its affairs shall be wound up upon the
happening of the first to occur of the following:
(1) The dissolution date, if any, specified in the certificate of limited partnership. If a dissolution date is not specified in the certificate of limited partnership, the limited partnership's existence shall continue until the first to occur of the
events described in subsections (2) through (6) of this section. If a dissolution date is specified in the certificate of limited partnership and unless the limited partnership agreement
provides otherwise, the certificate of limited partnership may
be amended and the existence of the limited partnership may
be extended by the vote of all the partners;
(2) Upon the happening of events specified in the partnership agreement;
(3) Written consent of all partners;
(4) Unless the limited partnership agreement provides
otherwise, ninety days following:
(a) The withdrawal of, or the assignment of the interest
of, the last remaining limited partner if by the ninetieth day a
majority of the number of general partners have failed to vote
to admit one or more limited partners; or
(b) An event of withdrawal with respect to the last
remaining general partner if by the ninetieth day the limited
partners have failed to vote to admit one or more general partners. For the purposes of this subsection (4)(b) and unless the
limited partnership agreement provides otherwise, the vote of
the limited partners shall be the vote of limited partners representing two-thirds of the total agreed value, as stated in the
records of the partnership required to be kept under RCW
25.10.050, of contributions made, or required to be made, by
all limited partners;
(5) Entry of a decree of judicial dissolution under RCW
25.10.450; or
(6) Administrative dissolution under RCW 25.10.455.
[2000 c 169 § 8; 1996 c 76 § 3; 1991 c 269 § 30; 1987 c 55 §
32; 1981 c 51 § 44.]
25.10.450
25.10.450 Judicial dissolution. On application by or
for a partner, the superior courts may decree dissolution of a
limited partnership whenever: (1) It is not reasonably practicable to carry on the business in conformity with the partnership agreement; or (2) when other circumstances render dissolution equitable. [1981 c 51 § 45.]
25.10.453
25.10.453 Administrative dissolution—Commencement of proceeding. The secretary of state may commence
a proceeding under RCW 25.10.455 to administratively dissolve a limited partnership if:
(1) An amendment to the certificate of limited partnership required by RCW 25.10.090(2)(c) is not filed when
specified by that provision;
(2) The limited partnership is without a registered agent
or registered office in this state for sixty days or more;
(2004 Ed.)
25.10.457
(3) The limited partnership does not notify the secretary
of state within sixty days that its registered agent or registered
office has been changed, that its registered agent has
resigned, or that its registered office has been discontinued;
or
(4) The limited partnership does not deliver its completed periodic report to the secretary of state when it is due.
[1998 c 277 § 3; 1991 c 269 § 31.]
Findings—1998 c 277: See note following RCW 25.10.079.
25.10.455
25.10.455 Administrative dissolution—Notice—
Opportunity to correct deficiencies. (1) If the secretary of
state determines that one or more grounds exist under RCW
25.10.453 for dissolving a limited partnership, the secretary
of state shall give the limited partnership written notice of the
determination by first class mail, postage prepaid reciting the
grounds therefor. Notice shall be sent to the address of the
office for records and address of the agent for service of process contained in the certificate having this information
which is most recently filed with the secretary of state.
(2) If the limited partnership does not correct each
ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined
by the secretary of state does not exist within sixty days after
notice is sent, the limited partnership is thereupon dissolved,
the secretary of state shall give the limited partnership written
notice of the dissolution that recites the ground or grounds
therefor and its effective date.
(3) A limited partnership administratively dissolved continues its limited partnership existence but may not carry on
any business except that necessary to wind up and liquidate
its business and affairs.
(4) The administrative dissolution of a limited partnership does not terminate the authority of its registered agent.
[1991 c 269 § 32.]
25.10.457
25.10.457 Administrative dissolution—Reinstatement—Application—When effective. (1) A limited partnership administratively dissolved under RCW 25.10.455
may apply to the secretary of state for reinstatement within
two years after the effective date of dissolution. The application must:
(a) Recite the name of the limited partnership and the
effective date of its administrative dissolution;
(b) State that the ground or grounds for dissolution either
did not exist or have been eliminated; and
(c) State that the limited partnership's name satisfies the
requirements of RCW 25.10.020.
(2) If the secretary of state determines that the application contains the information required by subsection (1) of
this section and that the name is available, the secretary of
state shall reinstate the limited partnership and give the limited partnership written notice, as provided in RCW
25.10.455(1) of the reinstatement that recites the effective
date of reinstatement. If the name is not available, the limited
partnership must file with its application for reinstatement an
amendment to its certificate of limited partnership reflecting
a change of name.
(3) When the reinstatement is effective, it relates back to
and takes effect as of the effective date of the administrative
[Title 25 RCW—page 29]
25.10.460
Title 25 RCW: Partnerships
dissolution and the limited partnership may resume carrying
on its business as if the administrative dissolution had never
occurred.
(4) If an application for reinstatement is not made within
the two-year period set forth in subsection (1) of this section,
or if the application made within this period is not granted,
the secretary of state shall cancel the limited partnership's
certificate of limited partnership. [1991 c 269 § 33.]
25.10.460
25.10.460 Winding up. Except as provided in the partnership agreement, the general partners who have not wrongfully dissolved a limited partnership or, if none, the limited
partners, may wind up the limited partnership's affairs. The
superior courts may wind up the limited partnership's affairs
upon application of any partner, that partner's legal representative, or assignee. [1981 c 51 § 46.]
25.10.470
25.10.470 Distribution of assets. Upon the winding up
of a limited partnership, the assets shall be distributed as follows:
(1) To creditors, including partners who are creditors, to
the extent otherwise permitted by law, in satisfaction of liabilities of the limited partnership other than liabilities for distribution to partners under RCW 25.10.310 or 25.10.340;
(2) Except as provided in the partnership agreement, to
partners and former partners in satisfaction of liabilities for
distributions under RCW 25.10.310 or 25.10.340; and
(3) Except as provided in the partnership agreement, to
partners first for the return of their contributions and secondly respecting their partnership interests, in the proportions
in which the partners share in distributions. [1981 c 51 § 47.]
ARTICLE 9
FOREIGN LIMITED PARTNERSHIPS
25.10.480
25.10.480 Law governing. Subject to the Constitution
of the state of Washington, (1) the laws of the state, province,
or other jurisdiction under which a foreign limited partnership is organized govern its organization and internal affairs
and the liability of its limited partners, and (2) a foreign limited partnership may not be denied registration by reason of
any difference between those laws and the laws of this state.
[1981 c 51 § 48.]
25.10.490
25.10.490 Registration. Before transacting business in
this state, a foreign limited partnership shall register with the
secretary of state. In order to register, a foreign limited partnership shall submit to the secretary of state, in duplicate, an
application for registration as a foreign limited partnership,
signed and sworn to by a general partner and setting forth:
(1) The name of the foreign limited partnership as set
forth in its certificate of limited partnership and, if different,
the name under which it proposes to register and transact
business in this state;
(2) The state, province, or other jurisdiction under which
the foreign limited partnership was organized and the date of
its formation;
(3) The name and address of any agent for service of process on the foreign limited partnership whom the foreign limited partnership appoints pursuant to RCW 25.10.040(2) and
[Title 25 RCW—page 30]
(3). The agent must be an individual resident of this state, a
domestic corporation, or a foreign corporation having a place
of business in, and authorized to do business in this state;
(4) A statement that the secretary of state is appointed
the agent of the foreign limited partnership for service of process if the agent's authority has been revoked or if the agent
cannot be found or served with the exercise of reasonable diligence;
(5) The address of the office required to be maintained in
the state or other jurisdiction of its organization by the laws
of that state or other jurisdiction or, if not so required, of the
principal office of the foreign limited partnership;
(6) The name and business address of each general partner;
(7) The addresses of the office at which a list is kept of
the names and addresses of the limited partners and their capital contributions, together with an undertaking by the foreign
limited partnership to keep those records until the foreign
limited partnership's registration in this state is canceled; and
(8) If the foreign limited partnership was organized
under laws of a jurisdiction other than another state, a copy of
a written partnership agreement, in English language. [1987
c 55 § 33; 1981 c 51 § 49.]
25.10.500
25.10.500 Issuance of registration. (1) If the secretary
of state finds that an application for registration conforms to
law and all requisite fees have been paid, the secretary shall:
(a) Endorse on the application the word "Filed", and the
month, day, and year of the filing thereof;
(b) File in his or her office a duplicate original of the
application; and
(c) Issue a certificate of registration to transact business
in this state.
(2) The certificate of registration, together with a duplicate original of the application, shall be returned to the person
who filed the application or his representative. [1981 c 51 §
50.]
25.10.510
25.10.510 Name—Foreign limited partnership. A
foreign limited partnership may register with the secretary of
state under any name, whether or not it is the name under
which it is registered in its place of organization, that
includes the words "limited partnership" or the abbreviation
"L.P." and that could be registered by a domestic limited partnership. [1987 c 55 § 34; 1981 c 51 § 51.]
Name of limited partnership: RCW 25.10.020, 25.10.030.
25.10.520
25.10.520 Changes and amendments. If any statement
in the application for registration of a foreign limited partnership was false when made or any arrangements or other facts
described have changed, making the application inaccurate in
any respect, the general partner of the foreign limited partnership shall promptly file in the office of the secretary of state a
certificate, signed and sworn to by a general partner, correcting such statement. [1981 c 51 § 52.]
25.10.530
25.10.530 Cancellation of registration. A foreign limited partnership may cancel its registration by filing with the
secretary of state a certificate of cancellation signed and
sworn to by a general partner. A cancellation does not termi(2004 Ed.)
Limited Partnerships
nate the authority of the secretary of state to accept service of
process on the foreign limited partnership with respect to
causes of action arising out of the transactions of business in
this state. [1981 c 51 § 53.]
25.10.540
25.10.540 Transaction of business without registration. (1) A foreign limited partnership transacting business
in this state may not maintain any action, suit, or proceeding
in any court of this state until it has registered in this state.
(2) The failure of a foreign limited partnership to register
in this state does not impair the validity of any contract or act
of the foreign limited partnership or prevent the foreign limited partnership from defending any action, suit, or proceeding in any court of this state.
(3) A limited partner of a foreign limited partnership is
not liable as a general partner of the foreign limited partnership solely by reason of having transacted business in this
state without registration.
(4) Without excluding other activities which may not
constitute transacting business in this state, a foreign limited
partnership shall not be considered to be transacting business
in this state, for the purposes of this title, by reason of carrying on in this state any one or more of the following activities:
(a) Defending any action or suit or any administrative or
arbitration proceeding, or effecting the settlement thereof or
the settlement of claims or disputes.
(b) Holding meetings of its partners or carrying on other
activities concerning its internal affairs.
(c) Maintaining bank accounts.
(d) Maintaining offices or agencies for the transfer,
exchange, and registration of its interests, or appointing and
maintaining trustees or depositaries with relation to its interests.
(e) Effecting sales through independent contractors.
(f) Soliciting or procuring orders, whether by mail or
through employees or agents or otherwise, where such orders
require acceptance without this state before becoming binding contracts.
(g) Creating evidences of debt, mortgages, or liens on
real or personal property.
(h) Securing or collecting debts or enforcing any rights
in property securing the same.
(i) Transacting any business in interstate commerce.
(j) Conducting an isolated transaction completed within
a period of thirty days and not in the course of a number of
repeated transactions of like nature.
(5) A foreign limited partnership, by transacting business
in this state without registration, appoints the secretary of
state as its agent for service of process with respect to causes
of action arising out of the transaction of business in this
state. [1981 c 51 § 54.]
25.10.550
25.10.550 Action by secretary of state. The secretary
of state may bring an action to restrain a foreign limited partnership from transacting business in this state in violation of
this article. [1981 c 51 § 55.]
25.10.553
25.10.553 Revocation of registration—Commencement of proceeding. The secretary of state may commence
a proceeding under RCW 25.10.555 to revoke registration of
(2004 Ed.)
25.10.555
a foreign limited partnership authorized to transact business
in this state if:
(1) The foreign limited partnership is without a registered agent or registered office in this state for sixty days or
more;
(2) The foreign limited partnership does not inform the
secretary of state under RCW 25.10.520 that its registered
agent or registered office has changed, that its registered
agent has resigned, or that its registered office has been discontinued within sixty days of the change, resignation, or discontinuance;
(3) A general partner or other agent of the foreign limited
partnership signed a document knowing it was false in any
material respect with intent that the document be delivered to
the secretary of state for filing;
(4) The secretary of state receives a duly authenticated
certificate from the secretary of state or other official having
custody of partnership records in the jurisdiction under which
the foreign limited partnership was organized stating that the
foreign limited partnership has been dissolved or its limited
partnership certificate canceled; or
(5) The foreign limited partnership does not deliver its
completed periodic report to the secretary of state when it is
due. [1998 c 277 § 4; 1991 c 269 § 43.]
Findings—1998 c 277: See note following RCW 25.10.079.
25.10.555
25.10.555 Revocation of registration—Notice—
Opportunity to correct deficiencies. (1) If the secretary of
state determines that one or more grounds exist under RCW
25.10.553 for revocation of a foreign limited partnership's
registration, the secretary of state shall give the foreign limited partnership written notice of the determination by first
class mail, postage prepaid, stating in the notice the ground or
grounds for and effective date of the secretary of state's determination, which date shall not be earlier than the date on
which the notice is mailed.
(2) If the foreign limited partnership does not correct
each ground for revocation or demonstrate to the reasonable
satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within sixty
days after notice is effective, the secretary of state shall
revoke the foreign limited partnership's registration by signing a certificate of revocation that recites the ground or
grounds for revocation and its effective date. The secretary of
state shall file the original of the certificate and mail a copy to
the foreign limited partnership.
(3) Documents to be mailed by the secretary of state to a
foreign limited partnership for which provision is made in
this section shall be sent to the foreign limited partnership at
the address of the agent for service of process contained in
the application or certificate of this partnership which is most
recently filed with the secretary of state.
(4) The authority of a foreign limited partnership to
transact business in this state ceases on the date shown on the
certificate revoking its registration.
(5) The secretary of state's revocation of a foreign limited partnership's registration appoints the secretary of state
the foreign limited partnership's agent for service of process
in any proceeding based on a cause of action which arose dur[Title 25 RCW—page 31]
25.10.560
Title 25 RCW: Partnerships
ing the time the foreign limited partnership was authorized to
transact business in this state.
(6) Revocation of a foreign limited partnership's registration does not terminate the authority of the registered agent of
the foreign limited partnership. [1991 c 269 § 44.]
of record, and service of process filings shall be as provided
for in RCW 23B.01.220.
All fees collected by the secretary of state shall be deposited with the state treasurer pursuant to law. [1991 c 269 §
12; 1991 c 72 § 48; 1987 c 55 § 35; 1981 c 51 § 60.]
ARTICLE 10
DERIVATIVE ACTIONS
Reviser's note: This section was amended by 1991 c 72 § 48 and by
1991 c 269 § 12, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
25.10.560
25.10.560 Right of action. A limited partner may bring
an action in the right of a limited partnership to recover a
judgment in its favor if general partners with authority to do
so have refused to bring the action or if an effort to cause
those general partners to bring the action is not likely to succeed. [1981 c 51 § 56.]
25.10.605
25.10.605 Fees for services by secretary of state. See
RCW 43.07.120.
ARTICLE 12
MISCELLANEOUS
25.10.610
25.10.570
25.10.570 Proper plaintiff. In a derivative action, the
plaintiff must be a partner at the time of bringing the action
and (1) at the time of the transaction of which he complains
or (2) his status as a partner had devolved upon him by operation of law or pursuant to the terms of the partnership agreement from a person who was a partner at the time of the transaction. [1981 c 51 § 57.]
25.10.580
25.10.580 Pleading. In a derivative action, the complaint shall set forth with particularity the effort of the plaintiff to secure initiation of the action by a general partner or the
reasons for not making the effort. [1981 c 51 § 58.]
25.10.590
25.10.590 Expenses. If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an
action or claim, the court may award the plaintiff reasonable
expenses, including reasonable attorney's fees, and shall
direct the plaintiff to remit to the limited partnership the
remainder of those proceeds received by him. [1981 c 51 §
59.]
ARTICLE 11
FEES AND CHARGES
25.10.600
25.10.600 Establishment of filing fees and miscellaneous charges. The secretary of state shall adopt rules establishing fees which shall be charged and collected for:
(1) Filing of a certificate of limited partnership for a
domestic or foreign limited partnership;
(2) Filing of a certificate of cancellation for a domestic
or foreign limited partnership;
(3) Filing of a certificate of amendment or restatement
for a domestic or foreign limited partnership;
(4) Filing an application to reserve or transfer a limited
partnership name;
(5) Filing any other statement or report authorized or
permitted to be filed;
(6) Copies, certified copies, certificates, service of process filings, and expedited filings or other special services.
In the establishment of a fee schedule, the secretary of state
shall, insofar as is possible and reasonable, be guided by the
fee schedule provided for corporations registering pursuant to
Title 23B RCW. Fees for copies, certified copies, certificates
[Title 25 RCW—page 32]
25.10.610 Authority to adopt rules. The secretary of
state shall adopt such rules as are necessary to implement the
transfer of duties and records required by this chapter including rules providing for the transfer of existing certificates
from the counties to the secretary. [1981 c 51 § 61.]
25.10.620
25.10.620 Construction and application. This chapter
shall be so applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of
this chapter among states enacting it. [1981 c 51 § 62.]
25.10.630
25.10.630 Short title. This chapter may be cited as the
Washington uniform limited partnership act. [1981 c 51 §
63.]
25.10.640
25.10.640 Severability—1981 c 51. If any provision of
this act or its application to any person or circumstance is
held invalid, the invalidity does not affect other provisions or
applications of the act which can be given effect without the
invalid provision or application, and to this end the provisions of the act are severable. [1981 c 51 § 64.]
25.10.650
25.10.650 Effective date and extended effective
date—1981 c 51. Except as set forth below, the effective
date of this act is January 1, 1982:
(1) The existing provisions for execution and filing of
certificates of limited partnerships and amendments thereunder and cancellations thereof continue in effect until October
1, 1982, the extended effective date, and sections 2, 3, 4, 5, 8,
9, 10, 11, and 13 of this act are not effective until the
extended effective dates.
(2) Section 23 of this act, specifying the conditions under
which a general partner ceases to be a member of a limited
partnership, is not effective until the extended effective date,
and the applicable provisions of existing law continue to govern until the extended effective date.
(3) Sections 27, 28, and 38 of this act apply only to contributions and distributions made after the effective date of
this act.
(4) Section 42 of this act applies only to assignment
made after the effective date of this act.
(5) Article 9 of this act, dealing with registration of foreign limited partnerships, is not effective until the extended
effective date. [1981 c 51 § 65.]
(2004 Ed.)
Limited Partnerships
25.10.660
25.10.660 Rules for class not provided for in this
chapter. In any case not provided for in this chapter, the provisions of the Washington revised uniform partnership act, or
its successor statute, govern. [2000 c 169 § 9; 1981 c 51 §
66.]
Uniform partnership act: Chapter 25.04 RCW.
25.10.670
25.10.670 Application to existing partnerships. (1)
Except as provided in subsections (1) and (2) of this section,
the provisions of this title shall apply to all existing limited
partnerships formed after June 6, 1945, under any prior statute of this state providing for the formation of limited partnerships, except to the extent provisions of this title are
inconsistent with provisions of the certificate or partnership
agreement of such existing limited partnerships, which partnership provisions were applicable to such limited partnerships as of January 1, 1982, and which partnership provisions
would have been valid under any such applicable prior statutes. Insofar as the provisions of this title are substantially the
same as statutory provisions repealed by this title and relate
to the same subject matter, such provisions shall be construed
as restatements and continuations, and not as new enactments. Neither the enactment of this title nor the amendment
of this title nor the repeal of the prior title shall take away or
impair any liability or cause of action existing or accrued by
or against any limited partnership or its partners.
(2) On or before September 30, 1982, each county clerk
shall transmit all files, records, indexes, and other documents
maintained in the county clerk's office, pursuant to prior statutes requiring limited partnership filings at the office of
county clerk, to the office of the secretary of state.
(3) Upon receipt of the limited partnership records from
the county clerks, the secretary of state shall thereafter treat
such county filings as a filing with the secretary of state. The
secretary of state shall establish by September 30, 1982, a filing and record system for integration of the records received
from the county clerks and to accomplish the purposes of this
chapter relating to centralized filing. [1981 c 51 § 67.]
25.10.810
nies pursuant to a plan of merger approved or adopted as provided in RCW 25.10.810.
(2) The plan of merger must set forth:
(a) The name of each limited partnership, corporation,
partnership, or limited liability company planning to merge
and the name of the surviving limited partnership, corporation, partnership, or limited liability company into which the
other limited partnership, corporation, partnership, or limited
liability company plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the partnership
interests of each limited partnership and each partnership,
and the member interests of each limited liability company,
and the shares of each corporation party to the merger into the
partnership interests, shares, member interests, obligations,
or other securities of the surviving or any other limited partnership, partnership, corporation, or limited liability company or into cash or other property in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the certificate of limited partnership
of the surviving limited partnership;
(b) Amendments to the articles of incorporation of the
surviving corporation;
(c) Amendments to the certificate of formation of the
surviving limited liability company; and
(d) Other provisions relating to the merger.
(4) If the plan of merger does not specify a delayed effective date, it shall become effective upon the filing of articles
of merger. If the plan of merger specifies a delayed effective
time and date, the plan of merger becomes effective at the
time and date specified. If the plan of merger specifies a
delayed effective date but no time is specified, the plan of
merger is effective at the close of business on that date. A
delayed effective date for a plan of merger may not be later
than the ninetieth day after the date it is filed. [1998 c 103 §
1314; 1991 c 269 § 11.]
25.10.810
25.10.680
25.10.680 Effect of invalidity of part of this title. If a
court of competent jurisdiction shall adjudge to be invalid or
unconstitutional any clause, sentence, paragraph, section, or
part of this title, such judgment or decree shall not affect,
impair, invalidate, or nullify the remainder of this title, but
the effect thereof shall be confined to the clause, sentence,
paragraph, section, or part of this title so adjudged to be
invalid or unconstitutional. [1981 c 51 § 68.]
25.10.690
25.10.690 Section captions. Section captions as used in
this chapter do not constitute any part of the law. [1981 c 51
§ 71.]
ARTICLE 13
MERGERS
25.10.800
25.10.800 Merger—Plan—Effective date. (1) One or
more domestic limited partnerships may merge with one or
more domestic limited partnerships, domestic corporations,
domestic partnerships, or domestic limited liability compa(2004 Ed.)
25.10.810 Merger—Plan—Approval. (1) Unless otherwise provided in its partnership agreement, approval of a
plan of merger by a domestic limited partnership party to a
merger shall occur when the plan is approved (a) by all general partners of such limited partnership, and (b) by the limited partners or, if there is more than one class of limited partners, then by each class or group of limited partners of such
limited partnership, in either case, by limited partners who
own more than fifty percent of the then current percentage or
other interest in the profits of such limited partnership owned
by all limited partners or by the limited partners in each class
or group, as appropriate.
(2) If a domestic corporation is a party to the merger, the
plan of merger shall be adopted and approved as provided in
chapter 23B.11 RCW.
(3) If a domestic partnership is a party to the merger, the
plan of merger shall be approved as provided in RCW
25.05.375.
(4) If a domestic limited liability company is a party to
the merger, the plan of merger shall be approved as provided
in RCW 25.15.400. [1998 c 103 § 1315; 1991 c 269 § 13.]
[Title 25 RCW—page 33]
25.10.820
Title 25 RCW: Partnerships
25.10.820
25.10.820 Articles of merger—Filing. After a plan of
merger is approved or adopted, the surviving limited partnership, corporation, partnership, or limited liability company
shall deliver to the secretary of state for filing articles of
merger setting forth:
(1) The plan of merger;
(2) If the approval of any partners, shareholders, or
members of one or more limited partnerships, corporations,
partnerships, or limited liability companies party to the
merger was not required, a statement to that effect; or
(3) If the approval of any partners, shareholders, or
members of one or more of the limited partnerships, corporations, partnerships, or limited liability companies party to the
merger was required, a statement that the merger was duly
approved by such partners, shareholders, and members pursuant to RCW 25.10.810, chapter 23B.11 RCW, chapter
25.15 RCW, or RCW 25.05.375. [1998 c 103 § 1316; 1991 c
269 § 14.]
25.10.830
25.10.830 Effect of merger. (1) When a merger takes
effect:
(a) Every other partnership, limited partnership, corporation, or limited liability company that is party to the merger
merges into the surviving partnership, limited partnership,
corporation, or limited liability company and the separate
existence of every partnership, limited partnership, corporation, and limited liability company except the surviving partnership, limited partnership, corporation, or limited liability
company ceases;
(b) The title to all real estate and other property owned
by each partnership, limited partnership, corporation, and
limited liability company party to the merger is vested in the
surviving partnership, limited partnership, corporation, or
limited liability company without reversion or impairment;
(c) The surviving partnership, limited partnership, corporation, or limited liability company has all liabilities of
each partnership, limited partnership, corporation, and limited liability company that is party to the merger;
(d) A proceeding pending against any partnership, limited partnership, corporation, or limited liability company
that is party to the merger may be continued as if the merger
did not occur or the surviving partnership, limited partnership, corporation, or limited liability company may be substituted in the proceeding for the partnership, limited partnership, corporation, or limited liability company whose existence ceased;
(e) The partnership agreement of the surviving limited
partnership is amended to the extent provided in the plan of
merger;
(f) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of merger;
(g) The certificate of formation of the surviving limited
liability company is amended to the extent provided in the
plan of merger; and
(h) The former holders of the partnership interests of
every domestic partnership or limited partnership that is party
to the merger and the former holders of the shares of every
domestic corporation that is party to the merger and the
former holders of member interests of every domestic limited
liability company are entitled only to the rights provided in
the articles of merger or to their rights under RCW 25.10.900
[Title 25 RCW—page 34]
through 25.10.955, to the rights under chapter 23B.13 RCW,
to the rights under chapter 25.05 RCW, or to the rights under
RCW 25.15.425 through 25.15.480.
(2) Unless otherwise agreed, a merger of a domestic limited partnership, including a domestic limited partnership
which is not the surviving entity in the merger, shall not
require the domestic limited partnership to wind up its affairs
under RCW 25.10.460 or pay its liabilities and distribute its
assets under RCW 25.10.470.
(3) Unless otherwise agreed, a merger of a domestic partnership, including a domestic partnership which is not the
surviving entity in the merger, shall not require the domestic
partnership to wind up its affairs under article 8 of chapter
25.05 RCW.
(4) Unless otherwise agreed, a merger of a domestic limited liability company, including a domestic limited liability
company which is not the surviving entity in the merger, shall
not require the domestic limited liability company to wind up
its affairs under article 8 of chapter 25.15 RCW. [1998 c 103
§ 1317; 1991 c 269 § 15.]
25.10.840
25.10.840 Merger—Foreign and domestic. (1) One or
more foreign limited partnerships, foreign partnerships, foreign limited liability companies, and one or more foreign corporations may merge with one or more domestic partnerships, domestic limited partnerships, domestic limited liability companies, or domestic corporations if:
(a) The merger is permitted by the law of the jurisdiction
under which each foreign limited partnership was organized,
and each foreign corporation was incorporated, and each foreign partnership, foreign limited partnership, foreign limited
liability company, and foreign corporation complies with that
law in effecting the merger;
(b) The surviving entity complies with RCW 25.10.820
and 25.05.380;
(c) Each domestic limited partnership complies with
RCW 25.10.810;
(d) Each domestic corporation complies with RCW
23B.11.080; and
(e) Each domestic limited liability company complies
with RCW 25.15.400.
(2) Upon the merger taking effect, a surviving foreign
partnership, foreign limited partnership, foreign limited liability company, or foreign corporation is deemed to appoint
the secretary of state as its agent for service of process in a
proceeding to enforce any obligation or the rights of dissenting partners or shareholders of each domestic partnership,
domestic limited partnership, domestic limited liability company, or domestic corporation party to the merger. [1998 c
103 § 1318; 1991 c 269 § 16.]
ARTICLE 14
DISSENTERS' RIGHTS
25.10.900
25.10.900 Definitions. As used in this article:
(1) "Limited partnership" means the domestic limited
partnership in which the dissenter holds or held a partnership
interest, or the surviving limited partnership or corporation
by merger, whether foreign or domestic, of that limited partnership.
(2004 Ed.)
Limited Partnerships
(2) "Dissenter" means a partner who is entitled to dissent
from a plan of merger and who exercises that right when and
in the manner required by this article.
(3) "Fair value," with respect to a dissenter's partnership
interest, means the value of the partnership interest immediately before the effectuation of the merger to which the dissenter objects, excluding any appreciation or depreciation in
anticipation of the merger unless exclusion would be inequitable.
(4) "Interest" means interest from the effective date of
the merger until the date of payment, at the average rate currently paid by the limited partnership on its principal bank
loans or, if none, at a rate that is fair and equitable under all
the circumstances. [1991 c 269 § 17.]
25.10.905
25.10.905 Partner—Dissent—Payment of fair value.
(1) Except as provided in RCW 25.10.915 or 25.10.925(2), a
partner of a domestic limited partnership is entitled to dissent
from, and obtain payment of, the fair value of the partner's
partnership interest in the event of consummation of a plan of
merger to which the limited partnership is a party as permitted by RCW 25.10.800 or 25.10.840.
(2) A partner entitled to dissent and obtain payment for
the partner's partnership interest under this article may not
challenge the merger creating the partner's entitlement unless
the merger fails to comply with the procedural requirements
imposed by this title, Title 23B RCW, the partnership agreement, or is fraudulent with respect to the partner or the limited partnership.
(3) The right of a dissenting partner to obtain payment of
the fair value of the partner's partnership interest shall terminate upon the occurrence of any one of the following events:
(a) The proposed merger is abandoned or rescinded;
(b) A court having jurisdiction permanently enjoins or
sets aside the merger; or
(c) The partner's demand for payment is withdrawn with
the written consent of the limited partnership. [1991 c 269 §
18.]
25.10.910
25.10.910 Dissenters' rights—Notice—Timing. (1)
Not less than ten days prior to the approval of a plan of
merger, the limited partnership must send a written notice to
all partners who are entitled to vote on or approve the plan of
merger that they may be entitled to assert dissenters' rights
under this article. Such notice shall be accompanied by a
copy of this article.
(2) The limited partnership shall notify in writing all
partners not entitled to vote on or approve the plan of merger
that the plan of merger was approved, and send them the dissenters' notice as required by RCW 25.10.920. [1991 c 269 §
19.]
25.10.940
25.10.920
25.10.920 Partners—Dissenters' notice—Requirements. (1) If the plan of merger is approved, the limited partnership shall deliver a written dissenters' notice to all partners
who satisfied the requirements of RCW 25.10.915.
(2) The dissenters' notice required by RCW 25.10.910(2)
or by subsection (1) of this section must be sent within ten
days after the approval of the plan of merger, and must:
(a) State where the payment demand must be sent;
(b) Inform holders of the partnership interest as to the
extent transfer of the partnership interest will be restricted as
permitted by RCW 25.10.930 after the payment demand is
received;
(c) Supply a form for demanding payment;
(d) Set a date by which the limited partnership must
receive the payment demand, which date may not be fewer
than thirty nor more than sixty days after the date the notice
under this section is delivered; and
(e) Be accompanied by a copy of this article. [1991 c
269 § 21.]
25.10.925
25.10.925 Partner—Payment demand—Entitlement.
(1) A partner who demands payment retains all other rights of
a partner until the proposed merger becomes effective.
(2) A partner sent a dissenters' notice who does not
demand payment by the date set in the dissenters' notice is not
entitled to payment for the partner's partnership interest under
this article. [1991 c 269 § 22.]
25.10.930
25.10.930 Partnership interests—Transfer restrictions. The limited partnership may restrict the transfer of
partnership interests from the date the demand for their payment is received until the proposed merger becomes effective
or the restriction is released under this article. [1991 c 269 §
23.]
25.10.935
25.10.935 Payment of fair value—Requirements for
compliance. (1) Within thirty days of the later of the date the
proposed merger becomes effective, or the payment demand
is received, the limited partnership shall pay each dissenter
who complied with RCW 25.10.925 the amount the limited
partnership estimates to be the fair value of the partnership
interest, plus accrued interest.
(2) The payment must be accompanied by:
(a) Copies of the financial statements for the most recent
fiscal year maintained as required by RCW 25.10.050;
(b) An explanation of how the limited partnership estimated the fair value of the partnership interest;
(c) An explanation of how the accrued interest was calculated;
(d) A statement of the dissenter's right to demand payment; and
(e) A copy of this article. [1991 c 269 § 24.]
25.10.915
25.10.915 Partner—Dissent—Voting restriction. A
partner who is entitled to vote on or approve the plan of
merger and who wishes to assert dissenters' rights must not
vote in favor of or approve the plan of merger. A partner who
does not satisfy the requirements of this section is not entitled
to payment for the partner's interest under this article. [1991
c 269 § 20.]
(2004 Ed.)
25.10.940
25.10.940 Merger—Not effective within sixty days—
Transfer restrictions. (1) If the proposed merger does not
become effective within sixty days after the date set for
demanding payment, the limited partnership shall release any
transfer restrictions imposed as permitted by RCW
25.10.930.
[Title 25 RCW—page 35]
25.10.945
Title 25 RCW: Partnerships
(2) If, after releasing transfer restrictions, the proposed
merger becomes effective, the limited partnership must send
a new dissenters' notice as provided in RCW 25.10.910(2)
and 25.10.920 and repeat the payment demand procedure.
[1991 c 269 § 25.]
25.10.945
25.10.945 Dissenter's estimate of fair value—Notice.
(1) A dissenter may notify the limited partnership in writing
of the dissenter's own estimate of the fair value of the dissenter's partnership interest and amount of interest due, and
demand payment of the dissenter's estimate, less any payment under RCW 25.10.935, if:
(a) The dissenter believes that the amount paid is less
than the fair value of the dissenter's partnership interest or
that the interest due is incorrectly calculated;
(b) The limited partnership fails to make payment within
sixty days after the date set for demanding payment; or
(c) The limited partnership, having failed to effectuate
the proposed merger, does not release the transfer restrictions
imposed on partnership interests as permitted by RCW
25.10.930 within sixty days after the date set for demanding
payment.
(2) A dissenter waives the right to demand payment
under this section unless the dissenter notifies the limited
partnership of the dissenter's demand in writing under subsection (1) of this section within thirty days after the limited
partnership made payment for the dissenter's partnership
interest. [1991 c 269 § 26.]
served by registered or certified mail or by publication as provided by law.
(4) The limited partnership may join as a party to the proceeding any partner who claims to be a dissenter but who has
not, in the opinion of the limited partnership, complied with
the provisions of this chapter. If the court determines that
such partner has not complied with the provisions of this article, the partner shall be dismissed as a party.
(5) The jurisdiction of the court in which the proceeding
is commenced is plenary and exclusive. The court may
appoint one or more persons as appraisers to receive evidence
and recommend decisions on the question of fair value. The
appraisers have the powers described in the order appointing
them or in any amendment to it. The dissenters are entitled to
the same discovery rights as parties in other civil proceedings.
(6) Each dissenter made a party to the proceeding is entitled to judgment for the amount, if any, by which the court
finds the fair value of the dissenter's partnership interest, plus
interest, exceeds the amount paid by the limited partnership.
[1991 c 269 § 27.]
*Reviser's note: RCW 23B.01.400 was amended by 1991 c 269 § 35,
changing subsection (17) to subsection (19); was subsequently amended by
2000 c 168 § 1, changing subsection (19) to subsection (20); and was subsequently amended by 2002 c 297 § 9, changing subsection (20) to subsection
(22).
25.10.955
25.10.950
25.10.950 Unsettled demand for payment—Proceeding—Parties—Appraisers. (1) If a demand for payment
under RCW 25.10.945 remains unsettled, the limited partnership shall commence a proceeding within sixty days after
receiving the payment demand and petition the court to determine the fair value of the partnership interest and accrued
interest. If the limited partnership does not commence the
proceeding within the sixty-day period, it shall pay each dissenter whose demand remains unsettled the amount
demanded.
(2) The limited partnership shall commence the proceeding in the superior court. If the limited partnership is a domestic limited partnership, it shall commence the proceeding in
the county where its office is maintained as required by RCW
25.10.040(1). If the limited partnership is a domestic corporation, it shall commence the proceeding in the county where
its principal office, as defined in *RCW 23B.01.400(17), is
located, or if none is in this state, its registered office under
RCW 23B.05.010. If the limited partnership is a foreign limited partnership or corporation without a registered office in
this state, it shall commence the proceeding in the county in
this state where the office of the domestic limited partnership
maintained pursuant to RCW 25.10.040(1) merged with the
foreign limited partnership or foreign corporation was
located.
(3) The limited partnership shall make all dissenters
(whether or not residents of this state) whose demands
remain unsettled parties to the proceeding as in an action
against their partnership interests and all parties must be
served with a copy of the petition. Nonresidents may be
[Title 25 RCW—page 36]
25.10.955 Unsettled demand for payment—Costs—
Fees and expenses of counsel. (1) The court in a proceeding
commenced under RCW 25.10.950 shall determine all costs
of the proceeding, including the reasonable compensation
and expenses of appraisers appointed by the court. The court
shall assess the costs against the limited partnership, except
that the court may assess the costs against all or some of the
dissenters, in amounts the court finds equitable, to the extent
the court finds the dissenters acted arbitrarily, vexatiously, or
not in good faith in demanding payment.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the limited partnership and in favor of any or
all dissenters if the court finds the limited partnership did not
substantially comply with the requirements of this article; or
(b) Against either the limited partnership or a dissenter,
in favor of any other party, if the court finds that the party
against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the
rights provided by this article.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not
be assessed against the limited partnership, the court may
award to these counsel reasonable fees to be paid out of the
amounts awarded the dissenters who were benefited. [1991 c
269 § 28.]
(2004 Ed.)
Limited Partnerships Existing Prior to June 6, 1945
Chapter 25.12 RCW
LIMITED PARTNERSHIPS EXISTING PRIOR TO
JUNE 6, 1945
Chapter 25.12
Sections
25.12.005
25.12.010
25.12.020
25.12.030
25.12.040
25.12.050
25.12.060
25.12.070
25.12.080
25.12.090
25.12.100
Application of chapter.
Limited partnership may be formed.
Of whom composed—Liability of members.
Certificate to be made, acknowledged and filed.
Certificate of partnership—Publication.
Renewal of limited partnership.
Name of firm—When special partner liable as general partner.
Withdrawal of stock and profits—Effect.
Suits by and against limited partnership—Parties.
Dissolution, how accomplished.
Liabilities and rights of members of firm.
25.12.005 Application of chapter. The provisions of
this chapter shall apply only to those limited partnerships
which were in existence on or prior to June 6, 1945 and which
have not become a limited partnership under *chapter 25.08
RCW. [1955 c 15 § 25.12.005.]
25.12.005
*Reviser's note: Chapter 25.08 RCW was repealed in its entirety by
1981 c 51 § 72; later enactment, see chapter 25.10 RCW.
25.12.010 Limited partnership may be formed. Limited partnerships for the transaction of mercantile, mechanical, or manufacturing business may be formed within this
state, by two or more persons, upon the terms and subject to
the conditions contained in this chapter. [1955 c 15 §
25.12.010. Prior: 1869 p 380 § 1; RRS § 9966.]
25.12.010
25.12.020 Of whom composed—Liability of members. A limited partnership may consist of two or more persons, who are known and called general partners, and are
jointly liable as general partners now are by law, and of two
or more persons who shall contribute to the common stock a
specific sum in actual money as capital, and are known and
called special partners, and are not personally liable for any
of the debts of the partnership, except as in this chapter specially provided. [1955 c 15 § 25.12.020. Prior: 1927 c 106 §
1; 1869 p 380 § 2; RRS § 9967.]
25.12.020
25.12.030 Certificate to be made, acknowledged and
filed. The persons forming such partnership shall make and
severally subscribe a certificate, in duplicate, and file one of
such certificates with the county auditor of the county in
which the principal place of business of the partnership is to
be. Before being filed, the execution of such certificate shall
be acknowledged by each partner subscribing it before some
officer authorized to take acknowledgments of deeds; and
such certificate shall contain the name assumed by the partnership and under which its business is to be conducted, the
names and respective places of residence of all the general
and special partners, the amount of capital which each special
partner has contributed to the common stock, the general
nature of the business to be transacted, and the time when the
partnership is to commence, and when it is to terminate.
[1955 c 15 § 25.12.030. Prior: 1869 p 380 § 3; RRS § 9968.]
25.12.030
25.12.040 Certificate of partnership—Publication.
The partnership cannot commence before the filing of the
certificate of partnership, and if a false statement is made in
the certificate, all the persons subscribing thereto are liable as
25.12.040
(2004 Ed.)
25.12.080
general partners for all the debts of the partnership. The partners shall, for four consecutive weeks immediately after the
filing of the certificate of partnership, publish a copy of it in
some newspaper of general circulation in the county where
the principal place of business of the partnership is, and until
the publication is made and completed, the partnership is to
be deemed general. [1985 c 469 § 12; 1955 c 15 § 25.12.040.
Prior: 1869 p 380 § 4; RRS § 9969.]
25.12.050
25.12.050 Renewal of limited partnership. A limited
partnership may be continued or renewed by making,
acknowledging, filing, and publishing a certificate thereof, in
the manner provided in this chapter for the formation of such
partnership originally, and every such partnership, not
renewed or continued as herein provided, from and after the
expiration thereof according to the original certificate, shall
be a general partnership. [1955 c 15 § 25.12.050. Prior: 1869
p 381 § 5; RRS § 9970.]
25.12.060
25.12.060 Name of firm—When special partner liable as general partner. The business of the partnership may
be conducted under a name in which the names of the general
partners only shall be inserted, without the addition of the
word "company" or any other general term. If the name of
any special partner is used in such firm with his consent or
privity, he shall be deemed and treated as a general partner, or
if he personally makes any contract respecting the concerns
of the partnership with any person except the general partners, he shall be deemed and treated as a general partner in
relation to such contract, unless he makes it appear that in
making such contract he acted and was recognized as a special partner only. [1955 c 15 § 25.12.060. Prior: 1869 p 381
§ 6; RRS § 9971.]
25.12.070
25.12.070 Withdrawal of stock and profits—Effect.
During the continuance of any partnership formed under this
chapter no part of the capital stock thereof shall be withdrawn, nor any division of interests or profits be made, so as
to reduce such capital stock below the sum stated in the certificate of partnership before mentioned; and if at any time
during the continuance or at the termination of such partnership, the property or assets thereof are not sufficient to satisfy
the partnership debts then the special partners shall be severally liable for all sums or amounts by them in any way
received or withdrawn from such capital stock, with interest
thereon from the time they were so received or withdrawn
respectively. [1955 c 15 § 25.12.070. Prior: 1869 p 381 § 7;
RRS § 9972.]
25.12.080
25.12.080 Suits by and against limited partnership—
Parties. All actions, suits or proceedings respecting the business of such partnership shall be prosecuted by and against
the general partners only, except in those cases where special
partners or partnerships are to be deemed general partners or
partnerships, in which case all the partners deemed general
partners may join therein; and excepting also those cases
where special partners are severally liable on account of sums
or amounts received or withdrawn from the capital stock as
provided in RCW 25.12.070. [1955 c 15 § 25.12.080. Prior:
1869 p 381 § 8; RRS § 9973.]
[Title 25 RCW—page 37]
25.12.090
Title 25 RCW: Partnerships
25.12.090 Dissolution, how accomplished. No dissolution of a limited partnership shall take place except by operation of law, before the time specified in the certificate of
partnership, unless a notice of such dissolution, subscribed by
the general and special partners is filed with the original certificate of partnership or the certificate, if any, renewing or
continuing such partnership nor unless a copy of such notice
be published for the time and in the manner prescribed for the
publication of the certificate of partnership. [1955 c 15 §
25.12.090. Prior: 1869 p 382 § 9; RRS § 9974.]
25.12.090
25.12.100 Liabilities and rights of members of firm.
In all cases not otherwise provided for in this chapter, all the
members of limited partnerships shall be subject to all the liabilities and entitled to all the rights of general partners. [1955
c 15 § 25.12.100. Prior: 1869 p 382 § 10; RRS § 9975.]
ARTICLE VI. DISTRIBUTIONS AND RESIGNATION
25.15.215
25.15.220
25.15.225
25.15.230
25.15.235
Interim distributions.
Distribution on event of dissociation.
Distribution in-kind.
Right to distribution.
Limitations on distribution.
ARTICLE VII. ASSIGNMENT OF
LIMITED LIABILITY COMPANY INTERESTS
25.15.245
25.15.250
25.15.255
25.15.260
Nature of limited liability company interest—Certificate of
interest.
Assignment of limited liability company interest.
Rights of judgment creditor.
Right of assignee to become member.
25.12.100
ARTICLE VIII. DISSOLUTION
25.15.270
25.15.275
25.15.280
25.15.285
25.15.290
Chapter 25.15
Chapter 25.15 RCW
LIMITED LIABILITY COMPANIES
ARTICLE IX. FOREIGN LIMITED LIABILITY COMPANIES
Sections
ARTICLE I. GENERAL PROVISIONS
25.15.005
25.15.007
25.15.010
25.15.015
25.15.020
25.15.025
25.15.030
25.15.035
25.15.040
25.15.045
25.15.050
25.15.055
25.15.060
25.15.295
25.15.300
Definitions.
Standards for electronic filing—Rules.
Name set forth in certificate of formation.
Reserved name—Registered name.
Registered office—Registered agent.
Service of process on domestic limited liability companies.
Nature of business permitted—Powers.
Business transactions of member or manager with the limited
liability company.
Limitation of liability and indemnification.
Professional limited liability companies.
Member agreements.
Membership residency.
Piercing the veil.
25.15.310
25.15.315
25.15.320
25.15.325
25.15.330
25.15.335
25.15.340
25.15.345
25.15.350
25.15.355
25.15.360
25.15.365
25.15.366
ARTICLE II. FORMATION: CERTIFICATE OF
FORMATION, AMENDMENT, FILING AND EXECUTION
25.15.070
25.15.075
25.15.080
25.15.085
25.15.090
25.15.095
25.15.100
25.15.105
Certificate of formation.
Amendment to certificate of formation.
Cancellation of certificate.
Execution.
Execution, amendment, or cancellation by judicial order.
Filing.
Restated certificate.
Initial and annual reports.
ARTICLE III. MEMBERS
25.15.115
25.15.120
25.15.125
25.15.130
25.15.135
25.15.140
Admission of members.
Voting and classes of membership.
Liability of members and managers to third parties.
Events of dissociation.
Records and information.
Remedies for breach of limited liability company agreement
by member.
ARTICLE IV. MANAGEMENT AND MANAGERS
25.15.150
25.15.155
25.15.160
25.15.165
25.15.170
Dissolution.
Judicial dissolution.
Administrative dissolution—Commencement of proceeding.
Administrative dissolution—Notice—Opportunity to correct
deficiencies.
Administrative dissolution—Reinstatement—Application—
When effective.
Winding up.
Distribution of assets.
25.15.175
25.15.180
25.15.185
Management.
Liability of managers and members.
Manager—Members' rights and duties.
Voting and classes of managers.
Remedies for breach of limited liability company agreement
by manager.
Reliance on reports and information by member or manager.
Resignation of manager.
Loss of sole remaining manager.
25.15.190
25.15.195
25.15.200
25.15.205
Form of contribution.
Liability for contribution.
Allocation of profits and losses.
Allocation of distributions.
ARTICLE X. DERIVATIVE ACTIONS
25.15.370
25.15.375
25.15.380
25.15.385
Right to bring action.
Proper plaintiff.
Complaint.
Expenses.
ARTICLE XI. MERGERS
25.15.395
25.15.400
25.15.405
25.15.410
25.15.415
Merger—Plan—Effective date.
Merger—Plan—Approval.
Articles of merger—Filing.
Effect of merger.
Merger—Foreign and domestic.
ARTICLE XII. DISSENTERS' RIGHTS
25.15.425
25.15.430
25.15.435
25.15.440
25.15.445
25.15.450
25.15.455
25.15.460
25.15.465
25.15.470
25.15.475
25.15.480
ARTICLE V. FINANCE
[Title 25 RCW—page 38]
Law governing.
Registration required—Application.
Issuance of registration.
Name—Registered office—Registered agent.
Amendments to application.
Cancellation of registration.
Doing business without registration.
Foreign limited liability companies doing business without
having qualified—Injunctions.
Transactions not constituting transacting business.
Service of process on registered foreign limited liability companies.
Service of process on unregistered foreign limited liability
companies.
Revocation of registration—Requirements for commencement.
Revocation of registration—Procedure—Notice—Correction
of grounds—Certificate of revocation—Authority of agent.
Definitions.
Member—Dissent—Payment of fair value.
Dissenters' rights—Notice—Timing.
Member—Dissent—Voting restriction.
Members—Dissenters' notice—Requirements.
Member—Payment demand—Entitlement.
Member's interests—Transfer restriction.
Payment of fair value—Requirements for compliance.
Merger—Not effective within sixty days—Transfer restrictions.
Dissenter's estimate of fair value—Notice.
Unsettled demand for payment—Proceeding—Parties—
Appraisers.
Unsettled demand for payment—Costs—Fees and expenses of
counsel.
ARTICLE XIII. MISCELLANEOUS
25.15.800
25.15.805
25.15.810
Construction and application of chapter and limited liability
company agreement.
Establishment of filing fees and miscellaneous charges.
Authority to adopt rules.
(2004 Ed.)
Limited Liability Companies
25.15.900
25.15.901
25.15.902
Effective date—1994 c 211.
Short title.
Severability—1994 c 211.
Limited liability partnerships: Chapter 25.04 RCW.
ARTICLE I. GENERAL PROVISIONS
25.15.005
25.15.005 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Certificate of formation" means the certificate
referred to in RCW 25.15.070, and the certificate as
amended.
(2) "Event of dissociation" means an event that causes a
person to cease to be a member as provided in RCW
25.15.130.
(3) "Foreign limited liability company" means an entity
that is formed under:
(a) The limited liability company laws of any state other
than this state; or
(b) The laws of any foreign country that is: (i) An unincorporated association, (ii) formed under a statute pursuant to
which an association may be formed that affords to each of its
members limited liability with respect to the liabilities of the
entity, and (iii) not required, in order to transact business or
conduct affairs in this state, to be registered or qualified
under Title 23B or 24 RCW, or any other chapter of the
Revised Code of Washington authorizing the formation of a
domestic entity and the registration or qualification in this
state of similar entities formed under the laws of a jurisdiction other than this state.
(4) "Limited liability company" and "domestic limited
liability company" means a limited liability company having
one or more members that is organized and existing under
this chapter.
(5) "Limited liability company agreement" means any
written agreement of the members, or any written statement
of the sole member, as to the affairs of a limited liability company and the conduct of its business which is binding upon
the member or members.
(6) "Limited liability company interest" means a member's share of the profits and losses of a limited liability company and a member's right to receive distributions of the limited liability company's assets.
(7) "Manager" or "managers" means, with respect to a
limited liability company that has set forth in its certificate of
formation that it is to be managed by managers, the person, or
persons designated in accordance with RCW 25.15.150(2).
(8) "Member" means a person who has been admitted to
a limited liability company as a member as provided in RCW
25.15.115 and who has not been dissociated from the limited
liability company.
(9) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(10) "Professional limited liability company" means a
limited liability company which is organized for the purpose
of rendering professional service and whose certificate of formation sets forth that it is a professional limited liability company subject to RCW 25.15.045.
(2004 Ed.)
25.15.010
(11) "Professional service" means the same as defined
under RCW 18.100.030.
(12) "State" means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession,
or other jurisdiction of the United States other than the state
of Washington. [2002 c 296 § 3; 2000 c 169 § 1; 1995 c 337
§ 13; 1994 c 211 § 101.]
Effective date—1995 c 337: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 337 § 23.]
25.15.007
25.15.007 Standards for electronic filing—Rules.
The secretary of state may adopt rules to facilitate electronic
filing. The rules will detail the circumstances under which the
electronic filing of documents will be permitted, how the
documents will be filed, and how the secretary of state will
return filed documents. The rules may also impose additional
requirements related to implementation of electronic filing
processes, including but not limited to file formats, signature
technologies, delivery, and the types of entities, records, or
documents permitted. [2002 c 74 § 15.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
25.15.010
25.15.010 Name set forth in certificate of formation.
(1) The name of each limited liability company as set forth in
its certificate of formation:
(a) Must contain the words "Limited Liability Company," the words "Limited Liability" and abbreviation "Co.,"
or the abbreviation "L.L.C." or "LLC";
(b) Except as provided in subsection (1)(d) of this section, may contain the name of a member or manager;
(c) Must not contain language stating or implying that
the limited liability company is organized for a purpose other
than those permitted by RCW 25.15.030;
(d) Must not contain any of the words or phrases:"Bank,"
"banking," "banker," "trust," "cooperative," "partnership,"
"corporation," "incorporated," or the abbreviations "corp.,"
"ltd.," or "inc.," or "LP," "L.P.," "LLP," "L.L.P.," or any combination of the words "industrial" and "loan," or any combination of any two or more of the words "building," "savings,"
"loan," "home," "association," and "society," or any other
words or phrases prohibited by any statute of this state; and
(e) Must be distinguishable upon the records of the secretar y o f sta te f ro m th e n a mes d e scrib e d in R CW
23B.04.010(1)(d) and 25.10.020(1)(d), and the names of any
limited liability company reserved, registered, or formed
under the laws of this state or qualified to do business as a
foreign limited liability company in this state.
(2) A limited liability company may apply to the secretary of state for authorization to use any name which is not
distinguishable upon the records of the secretary of state from
one or more of the names described in subsection (1)(e) of
this section. The secretary of state shall authorize use of the
name applied for if the other corporation, limited partnership,
limited liability partnership, or limited liability company consents in writing to the use and files with the secretary of state
documents necessary to change its name or the name reserved
or registered to a name that is distinguishable upon the
records of the secretary of state from the name of the applying limited liability company.
[Title 25 RCW—page 39]
25.15.015
Title 25 RCW: Partnerships
(3) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in
the same name.
(4) This chapter does not control the use of assumed
business names or "trade names." [1998 c 102 § 9; 1996 c
231 § 5; 1994 c 211 § 102.]
25.15.015 Reserved name—Registered name. (1)
Reserved Name.
(a) A person may reserve the exclusive use of a limited
liability company name by delivering an application to the
secretary of state for filing. The application must set forth the
name and address of the applicant and the name proposed to
be reserved. If the secretary of state finds that the limited liability company name applied for is available, the secretary of
state shall reserve the name for the applicant's exclusive use
for a nonrenewable one hundred eighty-day period.
(b) The owner of a reserved limited liability company
name may transfer the reservation to another person by delivering to the secretary of state a signed notice of the transfer
that states the name and address of the transferee.
(2) Registered Name.
(a) A foreign limited liability company may register its
name if the name is distinguishable upon the records of the
secretary of state from the names specified in RCW
25.15.010.
(b) A foreign limited liability company registers its name
by delivering to the secretary of state for filing an application
that:
(i) Sets forth its name and the state or country and date of
its organization; and
(ii) Is accompanied by a certificate of existence, or a document of similar import, from the state or country of organization.
(c) The name is registered for the applicant's exclusive
use upon the effective date of the application and until the
close of the calendar year in which the application for registration is filed.
(d) A foreign limited liability company whose registration is effective may renew it for successive years by delivering to the secretary of state for filing a renewal application,
which complies with the requirements of (b) of this subsection, between October 1st and December 31st of the preceding year. The renewal application when filed renews the registration for the following calendar year.
(e) A foreign limited liability company whose registration is effective may thereafter qualify as a foreign limited
liability company under the registered name, or consent in
writing to the use of that name by a limited liability company
thereafter organized under this chapter, by a corporation
25.15.015
[Title 25 RCW—page 40]
thereafter formed under Title 23B RCW, by a limited partnership thereafter formed under chapter 25.10 RCW, or by
another foreign limited liability company, foreign corporation, or foreign limited partnership thereafter authorized to
transact business in this state. The registration terminates
when the domestic limited liability company is organized, the
domestic corporation is incorporated, or the domestic limited
partnership is formed, or the foreign limited liability company qualifies or consents to the qualification of another foreign limited liability company, corporation, or limited partnership under the registered name. [1998 c 102 § 11; 1994 c
211 § 103.]
25.15.020 Registered office—Registered agent. (1)
Each limited liability company shall continuously maintain in
this state:
(a) A registered office, which may but need not be a
place of its business in this state. The registered office shall
be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or
rural route, or, if a commonly known street or rural route
address does not exist, by legal description. A registered
office may not be identified by post office box number or
other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post
office address in conjunction with the registered office
address if the limited liability company also maintains on file
the specific geographic address of the registered office where
personal service of process may be made;
(b) A registered agent for service of process on the limited liability company, which agent may be either an individual resident of this state whose business office is identical
with the limited liability company's registered office, or a
domestic corporation, limited partnership, or limited liability
company, or a foreign corporation, limited partnership, or
limited liability company authorized to do business in this
state having a business office identical with such registered
office; and
(c) A registered agent who shall not be appointed without having given prior written consent to the appointment.
The written consent shall be filed with the secretary of state
in such form as the secretary may prescribe. The written consent shall be filed with or as a part of the document first
appointing a registered agent.
(2) A limited liability company may change its registered
office or registered agent by delivering to the secretary of
state for filing a statement of change that sets forth:
(a) The name of the limited liability company;
(b) If the current registered office is to be changed, the
street address of the new registered office in accord with subsection (1) of this section;
(c) If the current registered agent is to be changed, the
name of the new registered agent and the new agent's written
consent, either on the statement or attached to it, to the
appointment; and
(d) That after the change or changes are made, the street
addresses of its registered office and the business office of its
registered agent will be identical.
(3) If a registered agent changes the street address of the
agent's business office, the registered agent may change the
street address of the registered office of any limited liability
25.15.020
(2004 Ed.)
Limited Liability Companies
company for which the agent is the registered agent by notifying the limited liability company in writing of the change
and signing, either manually or in facsimile, and delivering to
the secretary of state for filing a statement that complies with
the requirements of subsection (2) of this section and recites
that the limited liability company has been notified of the
change.
(4) A registered agent may resign as agent by signing
and delivering to the secretary of state for filing a statement
that the registered office is also discontinued. After filing the
statement the secretary of state shall mail a copy of the statement to the limited liability company at its principal office.
The agency appointment is terminated, and the registered
office discontinued is so provided, on the thirty-first day after
the date on which the statement was filed. [2002 c 74 § 16;
1996 c 231 § 6; 1994 c 211 § 104.]
25.15.045
(2) Unless this chapter, its certificate of formation, or its
limited liability company agreement provides otherwise, a
limited liability company has the same powers as an individual to do all things necessary or convenient to carry out its
business and affairs. [1994 c 211 § 106.]
25.15.035
25.15.035 Business transactions of member or manager with the limited liability company. Except as provided in a limited liability company agreement, a member or
manager may lend money to, act as a surety, guarantor, or
endorser for, guarantee or assume one or more specific obligations of, provide collateral for, and transact other business
with a limited liability company and, subject to other applicable law, has the same rights and obligations with respect to
any such matter as a person who is not a member or manager.
[1994 c 211 § 107.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
25.15.040
25.15.025
25.15.025 Service of process on domestic limited liability companies. (1) A limited liability company's registered agent is its agent for service of process, notice, or
demand required or permitted by law to be served on the limited liability company.
(2) The secretary of state shall be an agent of a limited
liability company upon whom any such process, notice, or
demand may be served if:
(a) The limited liability company fails to appoint or
maintain a registered agent in this state; or
(b) The registered agent cannot with reasonable diligence be found at the registered office.
(3) Service on the secretary of state of any such process,
notice, or demand shall be made by delivering to and leaving
with the secretary of state, or with any duly authorized clerk
of the secretary of state's office, the process, notice, or
demand. In the event any such process, notice, or demand is
served on the secretary of state, the secretary of state shall
immediately cause a copy thereof to be forwarded by certified mail, addressed to the limited liability company at its
principal place of business as it appears on the records of the
secretary of state. Any service so had on the secretary of state
shall be returnable in not less than thirty days.
(4) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of
state under this section, and shall record therein the time of
such service and the secretary of state's action with reference
thereto.
(5) This section does not limit or affect the right to serve
any process, notice, or demand required or permitted by law
to be served upon a limited liability company in any other
manner now or hereafter permitted by law. [1994 c 211 §
105.]
25.15.030
25.15.030 Nature of business permitted—Powers. (1)
Every limited liability company formed under this chapter
may carry on any lawful business or activity unless a more
limited purpose is set forth in the certificate of formation. A
limited liability company may not be formed under this chapter for the purposes of banking or engaging in business as an
insurer.
(2004 Ed.)
25.15.040 Limitation of liability and indemnification.
(1) The limited liability company agreement may contain
provisions not inconsistent with law that:
(a) Eliminate or limit the personal liability of a member
or manager to the limited liability company or its members
for monetary damages for conduct as a member or manager,
provided that such provisions shall not eliminate or limit the
liability of a member or manager for acts or omissions that
involve intentional misconduct or a knowing violation of law
by a member or manager, for conduct of the member or manager, violating RCW 25.15.235, or for any transaction from
which the member or manager will personally receive a benefit in money, property, or services to which the member or
manager is not legally entitled; or
(b) Indemnify any member or manager from and against
any judgments, settlements, penalties, fines, or expenses
incurred in a proceeding to which an individual is a party
because he or she is, or was, a member or a manager, provided that no such indemnity shall indemnify a member or a
manager from or on account of acts or omissions of the member or manager finally adjudged to be intentional misconduct
or a knowing violation of law by the member or manager,
conduct of the member or manager adjudged to be in violation of RCW 25.15.235, or any transaction with respect to
which it was finally adjudged that such member or manager
received a benefit in money, property, or services to which
such member or manager was not legally entitled.
(2) To the extent that, at law or in equity, a member or
manager has duties (including fiduciary duties) and liabilities
relating thereto to a limited liability company or to another
member or manager (a) any such member or manager acting
under a limited liability company agreement shall not be liable to the limited liability company or to any such other member or manager for the member's or manager's good faith reliance on the provisions of the limited liability company agreement, and (b) the member's or manager's duties and liabilities
may be expanded or restricted by provisions in a limited liability company agreement. [1994 c 211 § 108.]
25.15.045
25.15.045 Professional limited liability companies.
(1) A person or group of persons licensed or otherwise legally
authorized to render professional services within this or any
other state may organize and become a member or members
[Title 25 RCW—page 41]
25.15.050
Title 25 RCW: Partnerships
of a professional limited liability company under the provisions of this chapter for the purposes of rendering professional service. A "professional limited liability company" is
subject to all the provisions of chapter 18.100 RCW that
apply to a professional corporation, and its managers, members, agents, and employees shall be subject to all the provisions of chapter 18.100 RCW that apply to the directors,
officers, shareholders, agents, or employees of a professional
corporation, except as provided otherwise in this section.
Nothing in this section prohibits a person duly licensed or
otherwise legally authorized to render professional services
in any jurisdiction other than this state from becoming a
member of a professional limited liability company organized for the purpose of rendering the same professional services. Nothing in this section prohibits a professional limited
liability company from rendering professional services outside this state through individuals who are not duly licensed
or otherwise legally authorized to render such professional
services within this state. Persons engaged in a profession
and otherwise meeting the requirements of this chapter may
operate under this chapter as a professional limited liability
company so long as each member personally engaged in the
practice of the profession in this state is duly licensed or otherwise legally authorized to practice the profession in this
state and:
(a) At least one manager of the company is duly licensed
or otherwise legally authorized to practice the profession in
this state; or
(b) Each member in charge of an office of the company
in this state is duly licensed or otherwise legally authorized to
practice the profession in this state.
(2) If the company's members are required to be licensed
to practice such profession, and the company fails to maintain
for itself and for its members practicing in this state a policy
of professional liability insurance, bond, or other evidence of
financial responsibility of a kind designated by rule by the
state insurance commissioner and in the amount of at least
one million dollars or a greater amount as the state insurance
commissioner may establish by rule for a licensed profession
or for any specialty within a profession, taking into account
the nature and size of the business, then the company's members are personally liable to the extent that, had the insurance,
bond, or other evidence of responsibility been maintained, it
would have covered the liability in question.
(3) For purposes of applying the provisions of chapter
18.100 RCW to a professional limited liability company, the
terms "director" or "officer" means manager, "shareholder"
means member, "corporation" means professional limited liability company, "articles of incorporation" means certificate
of formation, "shares" or "capital stock" means a limited liability company interest, "incorporator" means the person who
executes the certificate of formation, and "bylaws" means the
limited liability company agreement.
(4) The name of a professional limited liability company
must contain either the words "Professional Limited Liability
Company," or the words "Professional Limited Liability" and
the abbreviation "Co.," or the abbreviation "P.L.L.C." or
"PLLC" provided that the name of a professional limited liability company organized to render dental services shall contain the full names or surnames of all members and no other
[Title 25 RCW—page 42]
word than "chartered" or the words "professional services" or
the abbreviation "P.L.L.C." or "PLLC."
(5) Subject to the provisions in article VII of this chapter,
the following may be a member of a professional limited liability company and may be the transferee of the interest of an
ineligible person or deceased member of the professional
limited liability company:
(a) A professional corporation, if its shareholders, directors, and its officers other than the secretary and the treasurer,
are licensed or otherwise legally authorized to render the
same specific professional services as the professional limited liability company; and
(b) Another professional limited liability company, if the
managers and members of both professional limited liability
companies are licensed or otherwise legally authorized to
render the same specific professional services.
(6)(a) Notwithstanding any other provision of this chapter, health care professionals who are licensed or certified
pursuant to chapters 18.06, 18.225, 18.22, 18.25, 18.29,
18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57, 18.57A,
18.64, 18.71, 18.71A, 18.79, 18.83, 18.89, 18.108, and
18.138 RCW may own membership interests in and render
their individual professional services through one limited liability company and are to be considered, for the purpose of
forming a limited liability company, as rendering the "same
specific professional services" or "same professional services" or similar terms.
(b) Notwithstanding any other provision of this chapter,
health care professionals who are regulated under chapters
18.59 and 18.74 RCW may own membership interests in and
render their individual professional services through one limited liability company formed for the sole purpose of providing professional services within their respective scope of
practice.
(c) Formation of a limited liability company under this
subsection does not restrict the application of the uniform
disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW,
including but not limited to restrictions on persons practicing
a health profession without being appropriately credentialed
and persons practicing beyond the scope of their credential.
[2001 c 251 § 32; 1999 c 128 § 2; 1998 c 293 § 5; 1997 c 390
§ 4. Prior: 1996 c 231 § 7; 1996 c 22 § 2; 1995 c 337 § 14;
1994 c 211 § 109.]
Severability—2001 c 251: See RCW 18.225.900.
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.050
25.15.050 Member agreements. In addition to agreeing among themselves with respect to the provisions of this
chapter, the members of a limited liability company or professional limited liability company may agree among themselves to any otherwise lawful provision governing the company which is not in conflict with this chapter. Such agreements include, but are not limited to, buy-sell agreements
among the members and agreements relating to expulsion of
members. [1994 c 211 § 110.]
25.15.055
25.15.055 Membership residency. Nothing in this
chapter requires a limited liability company or a professional
limited liability company to restrict membership to persons
(2004 Ed.)
Limited Liability Companies
residing in or engaging in business in this state. [1994 c 211
§ 111.]
25.15.060
25.15.060 Piercing the veil. Members of a limited liability company shall be personally liable for any act, debt,
obligation, or liability of the limited liability company to the
extent that shareholders of a Washington business corporation would be liable in analogous circumstances. In this
regard, the court may consider the factors and policies set
forth in established case law with regard to piercing the corporate veil, except that the failure to hold meetings of members or managers or the failure to observe formalities pertaining to the calling or conduct of meetings shall not be considered a factor tending to establish that the members have
personal liability for any act, debt, obligation, or liability of
the limited liability company if the certificate of formation
and limited liability company agreement do not expressly
require the holding of meetings of members or managers.
[1995 c 337 § 15; 1994 c 211 § 112.]
Effective date—1995 c 337: See note following RCW 25.15.005.
ARTICLE II. FORMATION: CERTIFICATE OF
FORMATION, AMENDMENT, FILING
AND EXECUTION
25.15.070
25.15.070 Certificate of formation. (1) In order to
form a limited liability company, one or more persons must
execute a certificate of formation. The certificate of formation shall be filed in the office of the secretary of state and set
forth:
(a) The name of the limited liability company;
(b) The address of the registered office and the name and
address of the registered agent for service of process required
to be maintained by RCW 25.15.020;
(c) The address of the principal place of business of the
limited liability company;
(d) If the limited liability company is to have a specific
date of dissolution, the latest date on which the limited liability company is to dissolve;
(e) If management of the limited liability company is
vested in a manager or managers, a statement to that effect;
(f) Any other matters the members decide to include
therein; and
(g) The name and address of each person executing the
certificate of formation.
(2) Effect of filing:
(a) Unless a delayed effective date is specified, a limited
liability company is formed when its certificate of formation
is filed by the secretary of state. A delayed effective date for
a certificate of formation may be no later than the ninetieth
day after the date it is filed.
(b) The secretary of state's filing of the certificate of formation is conclusive proof that the persons executing the certificate satisfied all conditions precedent to the formation
except in a proceeding by the state to cancel the certificate.
(c) A limited liability company formed under this chapter shall be a separate legal entity, the existence of which as a
separate legal entity shall continue until cancellation of the
limited liability company's certificate of formation. [1994 c
211 § 201.]
(2004 Ed.)
25.15.085
25.15.075
25.15.075 Amendment to certificate of formation. (1)
A certificate of formation is amended by filing a certificate of
amendment thereto with the secretary of state. The certificate
of amendment shall set forth:
(a) The name of the limited liability company; and
(b) The amendment to the certificate of formation.
(2) A manager or, if there is no manager, then any member who becomes aware that any statement in a certificate of
formation was false when made, or that any matter described
has changed making the certificate of formation false in any
material respect, shall promptly amend the certificate of formation.
(3) A certificate of formation may be amended at any
time for any other proper purpose.
(4) Unless otherwise provided in this chapter or unless a
later effective date (which shall be a date not later than the
ninetieth day after the date it is filed) is provided for in the
certificate of amendment, a certificate of amendment shall be
effective when filed by the secretary of state. [1994 c 211 §
202.]
25.15.080
25.15.080 Cancellation of certificate. A certificate of
formation shall be canceled upon the effective date of the certificate of cancellation, or as provided in RCW 25.15.290, or
upon the filing of articles of merger if the limited liability
company is not the surviving or resulting entity in a merger.
A certificate of cancellation shall be filed in the office of the
secretary of state to accomplish the cancellation of a certificate of formation upon the dissolution and the completion of
winding up of a limited liability company and shall set forth:
(1) The name of the limited liability company;
(2) The date of filing of its certificate of formation;
(3) The reason for filing the certificate of cancellation;
(4) The future effective date (which shall be a date not
later than the ninetieth day after the date it is filed) of cancellation if it is not to be effective upon the filing of the certificate; and
(5) Any other information the person filing the certificate
of cancellation determines. [1994 c 211 § 203.]
25.15.085
25.15.085 Execution. (1) Each document required by
this chapter to be filed in the office of the secretary of state
shall be executed in the following manner, or in compliance
with the rules established to facilitate electronic filing under
RCW 25.15.007, except as set forth in RCW 25.15.105(4)(b):
(a) Each original certificate of formation must be signed
by the person or persons forming the limited liability company;
(b) A reservation of name may be signed by any person;
(c) A transfer of reservation of name must be signed by,
or on behalf of, the applicant for the reserved name;
(d) A registration of name must be signed by any member or manager of the foreign limited liability company;
(e) A certificate of amendment or restatement must be
signed by at least one manager, or by a member if management of the limited liability company is reserved to the members;
(f) A certificate of cancellation must be signed by the
person or persons authorized to wind up the limited liability
company's affairs pursuant to RCW 25.15.295(1);
[Title 25 RCW—page 43]
25.15.090
Title 25 RCW: Partnerships
(g) If a surviving domestic limited liability company is
filing articles of merger, the articles of merger must be signed
by at least one manager, or by a member if management of
the limited liability company is reserved to the members, or if
the articles of merger are being filed by a surviving foreign
limited liability company, limited partnership, or corporation,
the articles of merger must be signed by a person authorized
by such foreign limited liability company, limited partnership, or corporation; and
(h) A foreign limited liability company's application for
registration as a foreign limited liability company doing business within the state must be signed by any member or manager of the foreign limited liability company.
(2) Any person may sign a certificate, articles of merger,
limited liability company agreement, or other document by
an attorney-in-fact or other person acting in a valid representative capacity, so long as each document signed in such
manner identifies the capacity in which the signator signed.
(3) The person executing the document shall sign it and
state beneath or opposite the signature the name of the person
and capacity in which the person signs. The document must
be typewritten or printed, and must meet such legibility or
other standards as may be prescribed by the secretary of state.
(4) The execution of a certificate or articles of merger by
any person constitutes an affirmation under the penalties of
perjury that the facts stated therein are true. [2002 c 74 § 17;
2001 c 307 § 3; 1995 c 337 § 16; 1994 c 211 § 204.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Effective date—2001 c 307: See note following RCW 23B.16.220.
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.090
25.15.090 Execution, amendment, or cancellation by
judicial order. (1) If a person required to execute a certificate required by this chapter fails or refuses to do so, any
other person who is adversely affected by the failure or
refusal may petition the superior courts to direct the execution of the certificate. If the court finds that the execution of
the certificate is proper and that any person so designated has
failed or refused to execute the certificate, it shall order the
secretary of state to record an appropriate certificate.
(2) If a person required to execute a limited liability
company agreement or amendment thereof fails or refuses to
do so, any other person who is adversely affected by the failure or refusal may petition the superior courts to direct the
execution of the limited liability company agreement or
amendment thereof. If the court finds that the limited liability
company agreement or amendment thereof should be executed and that any person required to execute the limited liability company agreement or amendment thereof has failed or
refused to do so, it shall enter an order granting appropriate
relief. [1994 c 211 § 205.]
25.15.095
25.15.095 Filing. (1) The original signed copy, together
with a duplicate copy that may be either a signed, photocopied, or conformed copy, of the certificate of formation or any
other document required to be filed pursuant to this chapter,
except as set forth under RCW 25.15.105 or unless a duplicate is not required under rules adopted under RCW
25.15.007, shall be delivered to the secretary of state. If the
secretary of state determines that the documents conform to
[Title 25 RCW—page 44]
the filing provisions of this chapter, he or she shall, when all
required filing fees have been paid:
(a) Endorse on each signed original and duplicate copy
the word "filed" and the date of its acceptance for filing;
(b) Retain the signed original in the secretary of state's
files; and
(c) Return the duplicate copy to the person who filed it or
the person's representative.
(2) If the secretary of state is unable to make the determination required for filing by subsection (1) of this section at
the time any documents are delivered for filing, the documents are deemed to have been filed at the time of delivery if
the secretary of state subsequently determines that:
(a) The documents as delivered conform to the filing
provisions of this chapter; or
(b) Within twenty days after notification of nonconformance is given by the secretary of state to the person who
delivered the documents for filing or the person's representative, the documents are brought into conformance.
(3) If the filing and determination requirements of this
chapter are not satisfied completely within the time prescribed in subsection (2)(b) of this section, the documents
shall not be filed.
(4) Upon the filing of a certificate of amendment (or
judicial decree of amendment) or restated certificate in the
office of the secretary of state, or upon the future effective
date or time of a certificate of amendment (or judicial decree
thereof) or restated certificate, as provided for therein, the
certificate of formation shall be amended or restated as set
forth therein. Upon the filing of a certificate of cancellation
(or a judicial decree thereof), or articles of merger which act
as a certificate of cancellation, or upon the future effective
date or time of a certificate of cancellation (or a judicial
decree thereof) or of articles of merger which act as a certificate of cancellation, as provided for therein, or as specified in
RCW 25.15.290, the certificate of formation is canceled.
[2002 c 74 § 18; 2001 c 307 § 4; 1994 c 211 § 206.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Effective date—2001 c 307: See note following RCW 23B.16.220.
25.15.100
25.15.100 Restated certificate. (1) A limited liability
company may, whenever desired, integrate into a single
instrument all of the provisions of its certificate of formation
which are then in effect and operative as a result of there having theretofore been filed with the secretary of state one or
more certificates or other instruments pursuant to any of the
sections referred to in this chapter and it may at the same time
also further amend its certificate of formation by adopting a
restated certificate of formation.
(2) If a restated certificate of formation merely restates
and integrates but does not amend the initial certificate of formation, as theretofore amended or supplemented by any
instrument that was executed and filed pursuant to any of the
sections in this chapter, it shall be specifically designated in
its heading as a "Restated Certificate of Formation" together
with such other words as the limited liability company may
deem appropriate and shall be executed by at least one manager, or by a member if management of the limited liability
company is reserved to its members, and filed as provided in
RCW 25.15.095 in the office of the secretary of state. If a
(2004 Ed.)
Limited Liability Companies
restated certificate restates and integrates and also amends in
any respect the certificate of formation, as theretofore
amended or supplemented, it shall be specifically designated
in its heading as an "Amended and Restated Certificate of
Formation" together with such other words as the limited liability company may deem appropriate and shall be executed
by at least one manager, or by a member if management of
the limited liability company is reserved to its members, and
filed as provided in RCW 25.15.095 in the office of the secretary of state.
(3) A restated certificate of formation shall state, either
in its heading or in an introductory paragraph, the limited liability company's present name, and, if it has been changed,
the name under which it was originally filed, and the date of
filing of its original certificate of formation with the secretary
of state, and the future effective date (which shall be a date
not later than the ninetieth day after the date it is filed) of the
restated certificate if it is not to be effective upon the filing of
the restated certificate. A restated certificate shall also state
that it was duly executed and is being filed in accordance
with this section. If a restated certificate only restates and
integrates and does not further amend a limited liability company's certificate of formation as theretofore amended or supplemented and there is no discrepancy between those provisions and the restated certificate, it shall state that fact as
well.
(4) Upon the filing of a restated certificate of formation
with the secretary of state, or upon the future effective date or
time of a restated certificate of formation as provided for
therein, the initial certificate of formation, as theretofore
amended or supplemented, shall be superseded; thenceforth,
the restated certificate of formation, including any further
amendment or changes made thereby, shall be the certificate
of formation of the limited liability company, but the original
effective date of formation shall remain unchanged.
(5) Any amendment or change effected in connection
with the restatement and integration of the certificate of formation shall be subject to any other provision of this chapter,
not inconsistent with this section, which would apply if a separate certificate of amendment were filed to effect such
amendment or change. [1994 c 211 § 207.]
25.15.105 Initial and annual reports. (1) Each domestic limited liability company, and each foreign limited liability company authorized to transact business in this state, shall
deliver to the secretary of state for filing, both initial and
annual reports that set forth:
(a) The name of the company and the state or country
under whose law it is organized;
(b) The street address of its registered office and the
name of its registered agent at that office in this state;
(c) In the case of a foreign company, the address of its
principal office in the state or country under the laws of
which it is organized;
(d) The address of the principal place of business of the
company in this state;
(e) The names and addresses of the company's members,
or if the management of the company is vested in a manager
or managers, then the name and address of its manager or
managers; and
(f) A brief description of the nature of its business.
25.15.105
(2004 Ed.)
25.15.120
(2) Information in an initial report or an annual report
must be current as of the date the report is executed on behalf
of the company.
(3) A company's initial report must be delivered to the
secretary of state within one hundred twenty days of the date
on which a domestic company's certificate of formation was
filed, or on which a foreign company's application for registration was submitted. Subsequent annual reports must be
delivered to the secretary of state on a date determined by the
secretary of state, and at such additional times as the company elects.
(4)(a) The secretary of state may allow a company to file
an annual report through electronic means. If allowed, the
secretary of state shall adopt rules detailing the circumstances
under which the electronic filing of such reports shall be permitted and how such reports may be filed.
(b) For purposes of this section only, a person executing
an electronically filed annual report may deliver the report to
the office of the secretary of state without a signature and
without an exact or conformed copy, but the person's name
must appear in the electronic filing as the person executing
the filing, and the filing must state the capacity in which the
person is executing the filing. [2001 c 307 § 2; 1994 c 211 §
208.]
Effective date—2001 c 307: See note following RCW 23B.16.220.
ARTICLE III. MEMBERS
25.15.115
25.15.115 Admission of members. (1) In connection
with the formation of a limited liability company, a person
acquiring a limited liability company interest is admitted as a
member of the limited liability company upon the later to
occur of:
(a) The formation of the limited liability company; or
(b) The time provided in and upon compliance with the
limited liability company agreement or, if the limited liability
company agreement does not so provide or does not exist,
when the person's admission is reflected in the records of the
limited liability company.
(2) After the formation of a limited liability company, a
person acquiring a limited liability company interest is admitted as a member of the limited liability company:
(a) In the case of a person acquiring a limited liability
company interest directly from the limited liability company,
at the time provided in and upon compliance with the limited
liability company agreement or, if the limited liability company agreement does not so provide or does not exist, upon
the consent of all members and when the person's admission
is reflected in the records of the limited liability company; or
(b) In the case of an assignee of a limited liability company interest who meets the conditions for membership set
forth in RCW 25.15.260(1), at the time provided in and upon
compliance with the limited liability company agreement or,
if the limited liability company agreement does not so provide or does not exist, when any such assignee's admission as
a member is reflected in the records of the limited liability
company. [1994 c 211 § 301.]
25.15.120
25.15.120 Voting and classes of membership. (1)
Except as provided in this chapter, or in the limited liability
[Title 25 RCW—page 45]
25.15.125
Title 25 RCW: Partnerships
company agreement, and subject to subsection (2) of this section, the affirmative vote, approval, or consent of members
contributing, or required to contribute, more than fifty percent of the agreed value (as stated in the records of the limited
liability company required to be kept pursuant to RCW
25.15.135) of the contributions made, or required to be made,
by all members shall be necessary for actions requiring member approval.
(2) Except as provided in the limited liability company
agreement, the affirmative vote, approval, or consent of all
members shall be required to:
(a) Amend the limited liability company agreement; or
(b) Authorize a manager, member, or other person to do
any act on behalf of the limited liability company that contravenes the limited liability company agreement, including any
provision thereof which expressly limits the purpose, business, or affairs of the limited liability company or the conduct
thereof.
(3) A limited liability company agreement may provide
for classes or groups of members having such relative rights,
powers, and duties as the limited liability company agreement may provide, and may make provision for the future
creation in the manner provided in the limited liability company agreement of additional classes or groups of members
having such relative rights, powers, and duties as may from
time to time be established, including rights, powers, and
duties senior to existing classes and groups of members. A
limited liability company agreement may provide for the taking of an action, including the amendment of the limited liability company agreement, without the vote or approval of
any member or class or group of members, including an
action to create under the provisions of the limited liability
company agreement a class or group of limited liability company interests that was not previously outstanding.
(4) A limited liability company agreement may grant to
all or certain identified members or a specified class or group
of the members the right to vote separately or with all or any
class or group of the members or managers, on any matter. If
the limited liability company agreement so provides, voting
by members may be on a per capita, number, profit share,
class, group, or any other basis.
(5) A limited liability company agreement which contains provisions related to voting rights of members may set
forth provisions relating to notice of the time, place, or purpose of any meeting at which any matter is to be voted on by
any members, waiver of any such notice, action by consent
without a meeting, the establishment of a record date, quorum requirements, voting in person or by proxy, or any other
matter with respect to the exercise of any such right to vote.
[1994 c 211 § 302.]
25.15.125 Liability of members and managers to
third parties. (1) Except as otherwise provided by this chapter, the debts, obligations, and liabilities of a limited liability
company, whether arising in contract, tort or otherwise, shall
be solely the debts, obligations, and liabilities of the limited
liability company; and no member or manager of a limited
liability company shall be obligated personally for any such
debt, obligation, or liability of the limited liability company
solely by reason of being a member or acting as a manager of
the limited liability company.
25.15.125
[Title 25 RCW—page 46]
(2) A member or manager of a limited liability company
is personally liable for his or her own torts. [1994 c 211 §
303.]
25.15.130 Events of dissociation. (1) A person ceases
to be a member of a limited liability company, and the person
or its successor in interest attains the status of an assignee as
set forth in RCW 25.15.250(2), upon the occurrence of one or
more of the following events:
(a) The member dies or withdraws by voluntary act from
the limited liability company as provided in subsection (3) of
this section;
(b) The member ceases to be a member as provided in
RCW 25.15.250(2)(b) following an assignment of all the
member's limited liability company interest;
(c) The member is removed as a member in accordance
with the limited liability company agreement;
(d) Unless otherwise provided in the limited liability
company agreement, or with the written consent of all other
members at the time, the member (i) makes a general assignment for the benefit of creditors; (ii) files a voluntary petition
in bankruptcy; (iii) becomes the subject of an order for relief
in bankruptcy proceedings; (iv) files a petition or answer
seeking for himself or herself any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or
similar relief under any statute, law, or regulation; (v) files an
answer or other pleading admitting or failing to contest the
material allegations of a petition filed against him or her in
any proceeding of the nature described in (d) (i) through (iv)
of this subsection; or (vi) seeks, consents to, or acquiesces in
the appointment of a trustee, receiver, or liquidator of the
member or of all or any substantial part of the member's properties;
(e) Unless otherwise provided in the limited liability
company agreement, or with the consent of all other members
at the time, one hundred twenty days after the commencement of any proceeding against the member seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or
regulation, the proceeding has not been dismissed, or if
within ninety days after the appointment without his or her
consent or acquiescence of a trustee, receiver, or liquidator of
the member or of all or any substantial part of the member's
properties, the appointment is not vacated or stayed, or within
ninety days after the expiration of any stay, the appointment
is not vacated;
(f) Unless otherwise provided in the limited liability
company agreement, or with written consent of all other
members at the time, in the case of a member who is an individual, the entry of an order by a court of competent jurisdiction adjudicating the member incapacitated, as used and
defined under chapter 11.88 RCW, as to his or her estate;
(g) Unless otherwise provided in the limited liability
company agreement, or with written consent of all other
members at the time, in the case of a member that is another
limited liability company, the dissolution and commencement of winding up of such limited liability company;
(h) Unless otherwise provided in the limited liability
company agreement, or with written consent of all other
members at the time, in the case of a member that is a corporation, the filing of articles of dissolution or the equivalent for
25.15.130
(2004 Ed.)
Limited Liability Companies
the corporation or the administrative dissolution of the corporation and the lapse of any period authorized for application
for reinstatement; or
(i) Unless otherwise provided in the limited liability
company agreement, or with written consent of all other
members at the time, in the case of a member that is a limited
partnership, the dissolution and commencement of winding
up of such limited partnership.
(2) The limited liability company agreement may provide for other events the occurrence of which result in a person ceasing to be a member of the limited liability company.
(3) A member may withdraw from a limited liability
company at the time or upon the happening of events specified in and in accordance with the limited liability company
agreement. If the limited liability company agreement does
not specify the time or the events upon the happening of
which a member may withdraw, a member may not withdraw
prior to the time for the dissolution and commencement of
winding up of the limited liability company, without the written consent of all other members at the time. [2000 c 169 § 2;
1995 c 337 § 17; 1994 c 211 § 304.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.135
25.15.135 Records and information. (1) A limited liability company shall keep at its principal place of business the
following:
(a) A current and a past list, setting forth the full name
and last known mailing address of each member and manager, if any;
(b) A copy of its certificate of formation and all amendments thereto;
(c) A copy of its current limited liability company agreement and all amendments thereto, and a copy of any prior
agreements no longer in effect;
(d) Unless contained in its certificate of formation or
limited liability company agreement, a written statement of:
(i) The amount of cash and a description of the agreed
value of the other property or services contributed by each
member (including that member's predecessors in interest),
and which each member has agreed to contribute;
(ii) The times at which or events on the happening of
which any additional contributions agreed to be made by
each member are to be made; and
(iii) Any right of any member to receive distributions
which include a return of all or any part of the member's contribution.
(e) A copy of the limited liability company's federal,
state, and local tax returns and reports, if any, for the three
most recent years; and
(f) A copy of any financial statements of the limited liability company for the three most recent years.
(2) The records required by subsection (1) of this section
to be kept by a limited liability company are subject to
inspection and copying at the reasonable request, and at the
expense, of any member during ordinary business hours. A
member's agent or attorney has the same inspection and
copying rights as the member.
(3) Each manager shall have the right to examine all of
the information described in subsection (1) of this section for
(2004 Ed.)
25.15.150
a purpose reasonably related to his or her position as a manager.
(4) A limited liability company may maintain its records
in other than a written form if such form is capable of conversion into written form within a reasonable time.
(5) Any action to enforce any right arising under this section shall be brought in the superior courts. [1994 c 211 §
305.]
25.15.140 Remedies for breach of limited liability
company agreement by member. A limited liability company agreement may provide that (1) a member who fails to
perform in accordance with, or to comply with the terms and
conditions of, the limited liability company agreement shall
be subject to specified penalties or specified consequences,
and (2) at the time or upon the happening of events specified
in the limited liability company agreement, a member shall
be subject to specified penalties or specified consequences.
[1994 c 211 § 306.]
25.15.140
ARTICLE IV. MANAGEMENT AND MANAGERS
25.15.150 Management. (1) Unless the certificate of
formation vests management of the limited liability company
in a manager or managers: (a) Management of the business
or affairs of the limited liability company shall be vested in
the members; and (b) each member is an agent of the limited
liability company for the purpose of its business and the act
of any member for apparently carrying on in the usual way
the business of the limited liability company binds the limited
liability company unless the member so acting has in fact no
authority to act for the limited liability company in the particular matter and the person with whom the member is dealing
has knowledge of the fact that the member has no such
authority. Subject to any provisions in the limited liability
company agreement or this chapter restricting or enlarging
the management rights and duties of any person or group or
class of persons, the members shall have the right and authority to manage the affairs of the limited liability company and
to make all decisions with respect thereto.
(2) If the certificate of formation vests management of
the limited liability company in one or more managers, then
such persons shall have such power to manage the business or
affairs of the limited liability company as is provided in the
limited liability company agreement. Unless otherwise provided in the limited liability company agreement, such persons:
(a) Shall be designated, appointed, elected, removed, or
replaced by a vote, approval, or consent of members contributing, or required to contribute, more than fifty percent of the
agreed value (as stated in the records of the limited liability
company required to be kept pursuant to RCW 25.15.135) of
the contributions made, or required to be made, by all members at the time of such action;
(b) Need not be members of the limited liability company or natural persons; and
(c) Unless they have been earlier removed or have earlier
resigned, shall hold office until their successors shall have
been elected and qualified.
(3) If the certificate of formation vests management of
the limited liability company in a manager or managers, no
25.15.150
[Title 25 RCW—page 47]
25.15.155
Title 25 RCW: Partnerships
member, acting solely in the capacity as a member, is an
agent of the limited liability company. [1996 c 231 § 8; 1994
c 211 § 401.]
Application—1996 c 231 § 8: "Section 8, chapter 231, Laws of 1996
does not apply to a limited liability company formed prior to June 6, 1996,
unless the certificate of formation of the limited liability company is
amended after June 6, 1996, to provide that the limited liability company has
perpetual duration." [1996 c 231 § 13.]
25.15.155
25.15.155 Liability of managers and members.
Unless otherwise provided in the limited liability company
agreement:
(1) A member or manager shall not be liable, responsible, or accountable in damages or otherwise to the limited liability company or to the members of the limited liability company for any action taken or failure to act on behalf of the
limited liability company unless such act or omission constitutes gross negligence, intentional misconduct, or a knowing
violation of law.
(2) Every member and manager must account to the limited liability company and hold as trustee for it any profit or
benefit derived by him or her without the consent of a majority of the disinterested managers or members, or other persons participating in the management of the business or
affairs of the limited liability company from (a) any transaction connected with the conduct or winding up of the limited
liability company or (b) any use by him or her of its property,
including, but not limited to, confidential or proprietary
information of the limited liability company or other matters
entrusted to him or her as a result of his or her status as manager or member. [1994 c 211 § 402.]
company agreement a class or group of limited liability company interests that was not previously outstanding.
(3) A limited liability company agreement may grant to
all or certain identified managers or a specified class or group
of the managers the right to vote, separately or with all or any
class or group of managers or members, on any matter. If the
limited liability company agreement so provides, voting by
managers may be on a financial interest, class, group, or any
other basis.
(4) A limited liability company agreement which contains provisions related to voting rights of managers may set
forth provisions relating to notice of the time, place, or purpose of any meeting at which any matter is to be voted on by
any manager or class or group of managers, waiver of any
such notice, action by consent without a meeting, the establishment of a record date, quorum requirements, voting in
person or by proxy, or any other matter with respect to the
exercise of any such right to vote. [1994 c 211 § 404.]
25.15.170
25.15.170 Remedies for breach of limited liability
company agreement by manager. A limited liability company agreement may provide that (1) a manager who fails to
perform in accordance with, or to comply with the terms and
conditions of, the limited liability company agreement shall
be subject to specified penalties or specified consequences,
and (2) at the time or upon the happening of events specified
in the limited liability company agreement, a manager shall
be subject to specified penalties or specified consequences.
[1994 c 211 § 405.]
25.15.175
25.15.160
25.15.160 Manager—Members' rights and duties. A
person who is both a manager and a member has the rights
and powers, and is subject to the restrictions and liabilities, of
a manager and, except as provided in a limited liability company agreement, also has the rights and powers, and is subject
to the restrictions and liabilities, of a member to the extent of
his or her participation in the limited liability company as a
member. [1994 c 211 § 403.]
25.15.165
25.15.165 Voting and classes of managers. (1) Unless
the limited liability company agreement provides otherwise,
the affirmative vote, approval, or consent of more than onehalf by number of the managers shall be required to decide
any matter connected with the business and affairs of the limited liability company.
(2) A limited liability company agreement may provide
for classes or groups of managers having such relative rights,
powers, and duties as the limited liability company agreement may provide, and may make provision for the future
creation in the manner provided in the limited liability company agreement of additional classes or groups of managers
having such relative rights, powers, and duties as may from
time to time be established, including rights, powers, and
duties senior to existing classes and groups of managers. A
limited liability company agreement may provide for the taking of an action, including the amendment of the limited liability company agreement, without the vote or approval of
any manager or class or group of managers, including an
action to create under the provisions of the limited liability
[Title 25 RCW—page 48]
25.15.175 Reliance on reports and information by
member or manager. In discharging the duties of a manager or a member, a member or manager of a limited liability
company is entitled to rely in good faith upon the records of
the limited liability company and upon such information,
opinions, reports, or statements presented to the limited liability company by any of its other managers, members, officers, employees, or committees of the limited liability company, or by any other person, as to matters the member or
manager reasonably believes are within such other person's
professional or expert competence and who has been selected
with reasonable care by or on behalf of the limited liability
company, including information, opinions, reports, or statements as to the value and amount of the assets, liabilities,
profits, or losses of the limited liability company or any other
facts pertinent to the existence and amount of assets from
which distributions to members might properly be paid.
[1994 c 211 § 406.]
25.15.180
25.15.180 Resignation of manager. A manager may
resign as a manager of a limited liability company at the time
or upon the happening of events specified in a limited liability company agreement and in accordance with the limited
liability company agreement. A limited liability company
agreement may provide that a manager shall not have the
right to resign as a manager of a limited liability company.
Notwithstanding that a limited liability company agreement
provides that a manager does not have the right to resign as a
manager of a limited liability company, a manager may
resign as a manager of a limited liability company at any time
(2004 Ed.)
Limited Liability Companies
by giving written notice to the members and other managers.
If the resignation of a manager violates a limited liability
company agreement, in addition to any remedies otherwise
available under applicable law, a limited liability company
may recover from the resigning manager damages for breach
of the limited liability company agreement and offset the
damages against the amount otherwise distributable to the
resigning manager. [1994 c 211 § 407.]
25.15.185
25.15.185 Loss of sole remaining manager. In the
event of the death, resignation, or removal of the sole remaining manager, or if one of the events described in RCW
25.15.130(1) (d) through (i) occurs with regard to the sole
remaining manager, and unless the limited liability company
agreement provides otherwise, the limited liability company
shall become member-managed unless one or more managers
are appointed by majority vote of the members within ninety
days after the occurrence of such an event. [2000 c 169 § 3.]
25.15.220
ditional obligations include contributions payable upon a discretionary call of a limited liability company prior to the time
the call occurs.
(3) A limited liability company agreement may provide
that the interest of any member who fails to make any contribution that the member is obligated to make shall be subject
to specified penalties for, or specified consequences of, such
failure. Such penalty or consequence may take the form of
reducing or eliminating the defaulting member's proportionate interest in a limited liability company, subordinating the
member's limited liability company interest to that of nondefaulting members, a forced sale of the member's limited liability company interest, forfeiture of the member's limited
liability company interest, the lending by other members of
the amount necessary to meet the member's commitment, a
fixing of the value of the member's limited liability company
interest by appraisal or by formula and redemption or sale of
the member's limited liability company interest at such value,
or other penalty or consequence. [1994 c 211 § 502.]
ARTICLE V. FINANCE
25.15.200
25.15.190
25.15.190 Form of contribution. The contribution of a
member to a limited liability company may be made in cash,
property or services rendered, or a promissory note or other
obligation to contribute cash or property or to perform services. [1994 c 211 § 501.]
25.15.195
25.15.195 Liability for contribution. (1) Except as
provided in a limited liability company agreement, a member
is obligated to a limited liability company to perform any
promise to contribute cash or property or to perform services,
even if the member is unable to perform because of death,
disability, or any other reason. If a member does not make the
required contribution of property or services, the member is
obligated at the option of the limited liability company to
contribute cash equal to that portion of the agreed value (as
stated in the records of the limited liability company required
to be kept pursuant to RCW 25.15.135) of the contribution
that has not been made. This option shall be in addition to,
and not in lieu of, any other rights, including the right to specific performance, that the limited liability company may
have against such member under the limited liability company agreement or applicable law.
(2) Unless otherwise provided in a limited liability company agreement, the obligation of a member to make a contribution or return money or other property paid or distributed
in violation of this chapter may be compromised only by consent of all the members. Notwithstanding the compromise, a
creditor of a limited liability company who extends credit,
after either the certificate of formation, limited liability company agreement or an amendment thereto, or records required
to be kept under RCW 25.15.135 reflect the obligation, and
before the amendment of any thereof to reflect the compromise, may enforce the original obligation to the extent that, in
extending credit, the creditor reasonably relied on the obligation of a member to make a contribution or return. A conditional obligation of a member to make a contribution or
return money or other property to a limited liability company
may not be enforced unless the conditions of the obligation
have been satisfied or waived as to or by such member. Con(2004 Ed.)
25.15.200 Allocation of profits and losses. The profits
and losses of a limited liability company shall be allocated
among the members, and among classes or groups of members, in the manner provided in a limited liability company
agreement. If the limited liability company agreement does
not so provide, profits and losses shall be allocated in proportion to the agreed value (as stated in the records of the limited
liability company required to be kept pursuant to RCW
25.15.135) of the contributions made, or required to be made,
by each member. [1994 c 211 § 503.]
25.15.205
25.15.205 Allocation of distributions. Distributions of
cash or other assets of a limited liability company shall be
allocated among the members, and among classes or groups
of members, in the manner provided in a limited liability
company agreement. If the limited liability company agreement does not so provide, distributions shall be made in proportion to the agreed value (as stated in the records of the limited liability company required to be kept pursuant to RCW
25.15.135) of the contributions made, or required to be made,
by each member. [1994 c 211 § 504.]
ARTICLE VI. DISTRIBUTIONS AND RESIGNATION
25.15.215
25.15.215 Interim distributions. Except as provided in
this article, to the extent and at the times or upon the happening of the events specified in a limited liability company
agreement, a member is entitled to receive from a limited liability company distributions before the member's dissociation from the limited liability company and before the dissolution and winding up thereof. [1994 c 211 § 601.]
25.15.220
25.15.220 Distribution on event of dissociation.
Unless otherwise provided in the limited liability company
agreement, upon the occurrence of an event of dissociation
under RCW 25.15.130 which does not cause dissolution
(other than an event of dissociation specified in RCW
25.15.130(1)(b) where the dissociating member's assignee is
admitted as a member), a dissociating member (or the member's assignee) is entitled to receive any distribution to which
[Title 25 RCW—page 49]
25.15.225
Title 25 RCW: Partnerships
an assignee would be entitled. [1995 c 337 § 18; 1994 c 211
§ 602.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.225
25.15.225 Distribution in-kind. Except as provided in
a limited liability company agreement, a member, regardless
of the nature of the member's contribution, has no right to
demand and receive any distribution from a limited liability
company in any form other than cash. Except as provided in
a limited liability company agreement, a member may not be
compelled to accept a distribution of any asset in-kind from a
limited liability company to the extent that the percentage of
the asset distributed to the member exceeds a percentage of
that asset which is equal to the percentage in which he or she
shares in distributions from the limited liability company.
[1994 c 211 § 603.]
25.15.230
25.15.230 Right to distribution. Subject to RCW
25.15.235 and 25.15.300, and unless otherwise provided in a
limited liability company agreement, at the time a member
becomes entitled to receive a distribution, he or she has the
status of, and is entitled to all remedies available to, a creditor
of a limited liability company with respect to the distribution.
A limited liability company agreement may provide for the
establishment of a record date with respect to allocations and
distributions by a limited liability company. [1994 c 211 §
604.]
25.15.235
25.15.235 Limitations on distribution. (1) A limited
liability company shall not make a distribution to a member
to the extent that at the time of the distribution, after giving
effect to the distribution (a) the limited liability company
would not be able to pay its debts as they became due in the
usual course of business, or (b) all liabilities of the limited liability company, other than liabilities to members on account
of their limited liability company interests and liabilities for
which the recourse of creditors is limited to specified property of the limited liability company, exceed the fair value of
the assets of the limited liability company, except that the fair
value of property that is subject to a liability for which the
recourse of creditors is limited shall be included in the assets
of the limited liability company only to the extent that the fair
value of that property exceeds that liability.
(2) A member who receives a distribution in violation of
subsection (1) of this section, and who knew at the time of the
distribution that the distribution violated subsection (1) of
this section, shall be liable to a limited liability company for
the amount of the distribution. A member who receives a distribution in violation of subsection (1) of this section, and
who did not know at the time of the distribution that the distribution violated subsection (1) of this section, shall not be
liable for the amount of the distribution. Subject to subsection
(3) of this section, this subsection (2) shall not affect any obligation or liability of a member under a limited liability company agreement or other applicable law for the amount of a
distribution.
(3) Unless otherwise agreed, a member who receives a
distribution from a limited liability company shall have no
liability under this chapter or other applicable law for the
amount of the distribution after the expiration of three years
[Title 25 RCW—page 50]
from the date of the distribution unless an action to recover
the distribution from such member is commenced prior to the
expiration of the said three-year period and an adjudication of
liability against such member is made in the said action.
[1994 c 211 § 605.]
ARTICLE VII. ASSIGNMENT OF
LIMITED LIABILITY COMPANY INTERESTS
25.15.245 Nature of limited liability company interest—Certificate of interest. (1) A limited liability company
interest is personal property. A member has no interest in
specific limited liability company property.
(2) A limited liability company agreement may provide
that a member's interest in a limited liability company may be
evidenced by a certificate of limited liability company interest issued by the limited liability company. [1994 c 211 §
701.]
25.15.245
25.15.250 Assignment of limited liability company
interest. (1) A limited liability company interest is assignable in whole or in part except as provided in a limited liability company agreement. The assignee of a member's limited
liability company interest shall have no right to participate in
the management of the business and affairs of a limited liability company except:
(a) Upon the approval of all of the members of the limited liability company other than the member assigning his or
her limited liability company interest; or
(b) As provided in a limited liability company agreement.
(2) Unless otherwise provided in a limited liability company agreement:
(a) An assignment entitles the assignee to share in such
profits and losses, to receive such distributions, and to
receive such allocation of income, gain, loss, deduction, or
credit or similar item to which the assignor was entitled, to
the extent assigned; and
(b) A member ceases to be a member and to have the
power to exercise any rights or powers of a member upon
assignment of all of his or her limited liability company interest.
(3) For the purposes of this chapter, unless otherwise
provided in a limited liability company agreement:
(a) The pledge of, or granting of a security interest, lien,
or other encumbrance in or against, any or all of the limited
liability company interest of a member shall not be deemed to
be an assignment of the member's limited liability company
interest, but a foreclosure or execution sale or exercise of
similar rights with respect to all of a member's limited liability company interest shall be deemed to be an assignment of
the member's limited liability company interest to the transferee pursuant to such foreclosure or execution sale or exercise of similar rights;
(b) Where a limited liability company interest is held in
a trust or estate, or is held by a trustee, personal representative, or other fiduciary, the transfer of the limited liability
company interest, whether to a beneficiary of the trust or
estate or otherwise, shall be deemed to be an assignment of
such limited liability company interest, but the mere substitution or replacement of the trustee, personal representative, or
25.15.250
(2004 Ed.)
Limited Liability Companies
other fiduciary shall not constitute an assignment of any portion of such limited liability company interest.
(4) Unless otherwise provided in a limited liability company agreement and except to the extent assumed by agreement, until an assignee of a limited liability company interest
becomes a member, the assignee shall have no liability as a
member solely as a result of the assignment. [1995 c 337 §
19; 1994 c 211 § 702.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.255
25.15.255 Rights of judgment creditor. On application to a court of competent jurisdiction by any judgment
creditor of a member, the court may charge the limited liability company interest of the member with payment of the
unsatisfied amount of the judgment with interest. To the
extent so charged, the judgment creditor has only the rights of
an assignee of the limited liability company interest. This
chapter does not deprive any member of the benefit of any
exemption laws applicable to the member's limited liability
company interest. [1994 c 211 § 703.]
25.15.260
25.15.260 Right of assignee to become member. (1)
An assignee of a limited liability company interest may
become a member upon:
(a) The approval of all of the members of the limited liability company other than the member assigning his or her
limited liability company interest; or
(b) Compliance with any procedure provided for in the
limited liability company agreement.
(2) An assignee who has become a member has, to the
extent assigned, the rights and powers, and is subject to the
restrictions and liabilities, of a member under a limited liability company agreement and this chapter. An assignee who
becomes a member is liable for the obligations of his or her
assignor to make contributions as provided in RCW
25.15.195, and for the obligations of his or her assignor under
article VI of this chapter.
(3) Whether or not an assignee of a limited liability company interest becomes a member, the assignor is not released
from his or her liability to a limited liability company under
articles V and VI of this chapter. [1994 c 211 § 704.]
25.15.285
(4) Unless the limited liability company agreement provides otherwise, ninety days following an event of dissociation of the last remaining member, unless those having the
rights of assignees in the limited liability company under
RCW 25.15.130(1) have, by the ninetieth day, voted to admit
one or more members, voting as though they were members,
and in the manner set forth in RCW 25.15.120(1);
(5) The entry of a decree of judicial dissolution under
RCW 25.15.275; or
(6) The expiration of two years after the effective date of
dissolution under RCW 25.15.285 without the reinstatement
of the limited liability company. [2000 c 169 § 4; 1997 c 21
§ 1; 1996 c 231 § 9; 1994 c 211 § 801.]
25.15.275
25.15.275 Judicial dissolution. On application by or
for a member or manager the superior courts may decree dissolution of a limited liability company whenever: (1) It is not
reasonably practicable to carry on the business in conformity
with a limited liability company agreement; or (2) other circumstances render dissolution equitable. [1994 c 211 § 802.]
25.15.280
25.15.280 Administrative dissolution—Commencement of proceeding. The secretary of state may commence
a proceeding under RCW 25.15.285 to administratively dissolve a limited liability company if:
(1) The limited liability company does not pay any
license fees or penalties, imposed by this chapter, when they
become due;
(2) The limited liability company does not deliver its
completed initial report or annual report to the secretary of
state when it is due;
(3) The limited liability company is without a registered
agent or registered office in this state for sixty days or more;
or
(4) The limited liability company does not notify the secretary of state within sixty days that its registered agent or
registered office has been changed, that its registered agent
has resigned, or that its registered office has been discontinued. [1995 c 337 § 20; 1994 c 211 § 803.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.285
ARTICLE VIII. DISSOLUTION
25.15.270
25.15.270 Dissolution. A limited liability company is
dissolved and its affairs shall be wound up upon the first to
occur of the following:
(1) The dissolution date, if any, specified in the certificate of formation. If a dissolution date is not specified in the
certificate of formation, the limited liability company's existence will continue until the first to occur of the events
described in subsections (2) through (6) of this section. If a
dissolution date is specified in the certificate of formation,
the certificate of formation may be amended and the existence of the limited liability company may be extended by
vote of all the members;
(2) The happening of events specified in a limited liability company agreement;
(3) The written consent of all members;
(2004 Ed.)
25.15.285 Administrative dissolution—Notice—
Opportunity to correct deficiencies. (1) If the secretary of
state determines that one or more grounds exist under RCW
25.15.280 for dissolving a limited liability company, the secretary of state shall give the limited liability company written
notice of the determination by first class mail, postage prepaid, reciting the grounds therefor. Notice shall be sent to the
address of the principal place of business of the limited liability company as it appears in the records of the secretary of
state.
(2) If the limited liability company does not correct each
ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined
by the secretary of state does not exist within sixty days after
notice is sent, the limited liability company is thereupon dissolved. The secretary of state shall give the limited liability
company written notice of the dissolution that recites the
ground or grounds therefor and its effective date.
[Title 25 RCW—page 51]
25.15.290
Title 25 RCW: Partnerships
(3) A limited liability company administratively dissolved continues its existence but may not carry on any business except as necessary to wind up and liquidate its business
and affairs.
(4) The administrative dissolution of a limited liability
company does not terminate the authority of its registered
agent. [1994 c 211 § 804.]
25.15.290
25.15.290 Administrative dissolution—Reinstatement—Application—When effective. (1) A limited liability company administratively dissolved under RCW
25.15.285 may apply to the secretary of state for reinstatement within two years after the effective date of dissolution.
The application must:
(a) Recite the name of the limited liability company and
the effective date of its administrative dissolution;
(b) State that the ground or grounds for dissolution either
did not exist or have been eliminated; and
(c) State that the limited liability company's name satisfies the requirements of RCW 25.15.010.
(2) If the secretary of state determines that the application contains the information required by subsection (1) of
this section and that the name is available, the secretary of
state shall reinstate the limited liability company and give the
limited liability company written notice, as provided in RCW
25.15.285(1), of the reinstatement that recites the effective
date of reinstatement. If the name is not available, the limited
liability company must file with its application for reinstatement an amendment to its certificate of formation reflecting a
change of name.
(3) When the reinstatement is effective, it relates back to
and takes effect as of the effective date of the administrative
dissolution and the limited liability company may resume
carrying on its business as if the administrative dissolution
had never occurred.
(4) If an application for reinstatement is not made within
the two-year period set forth in subsection (1) of this section,
or if the application made within this period is not granted,
the secretary of state shall cancel the limited liability company's certificate of formation. [1994 c 211 § 805.]
25.15.295
25.15.295 Winding up. (1) Unless otherwise provided
in a limited liability company agreement, a manager who has
not wrongfully dissolved a limited liability company or, if
none, the members or a person approved by the members or,
if there is more than one class or group of members, then by
each class or group of members, in either case, by members
contributing, or required to contribute, more than fifty percent of the agreed value (as stated in the records of the limited
liability company required to be kept pursuant to RCW
25.15.135) of the contributions made, or required to be made,
by all members, or by the members in each class or group, as
appropriate, may wind up the limited liability company's
affairs. The superior courts, upon cause shown, may wind up
the limited liability company's affairs upon application of any
member or manager, his or her legal representative or
assignee, and in connection therewith, may appoint a
receiver.
(2) Upon dissolution of a limited liability company and
until the filing of a certificate of cancellation as provided in
[Title 25 RCW—page 52]
RCW 25.15.080, the persons winding up the limited liability
company's affairs may, in the name of, and for and on behalf
of, the limited liability company, prosecute and defend suits,
whether civil, criminal, or administrative, gradually settle
and close the limited liability company's business, dispose of
and convey the limited liability company's property, discharge or make reasonable provision for the limited liability
company's liabilities, and distribute to the members any
remaining assets of the limited liability company. [1994 c
211 § 806.]
25.15.300 Distribution of assets. (1) Upon the winding
up of a limited liability company, the assets shall be distributed as follows:
(a) To creditors, including members and managers who
are creditors, to the extent otherwise permitted by law, in satisfaction of liabilities of the limited liability company
(whether by payment or the making of reasonable provision
for payment thereof) other than liabilities for which reasonable provision for payment has been made and liabilities for
distributions to members under RCW 25.15.215 or
25.15.230;
(b) Unless otherwise provided in a limited liability company agreement, to members and former members in satisfaction of liabilities for distributions under RCW 25.15.215 or
25.15.230; and
(c) Unless otherwise provided in a limited liability company agreement, to members first for the return of their contributions and second respecting their limited liability company interests, in the proportions in which the members share
in distributions.
(2) A limited liability company which has dissolved shall
pay or make reasonable provision to pay all claims and obligations, including all contingent, conditional, or unmatured
claims and obligations, known to the limited liability company and all claims and obligations which are known to the
limited liability company but for which the identity of the
claimant is unknown. If there are sufficient assets, such
claims and obligations shall be paid in full and any such provision for payment made shall be made in full. If there are
insufficient assets, such claims and obligations shall be paid
or provided for according to their priority and, among claims
and obligations of equal priority, ratably to the extent of
assets available therefor. Unless otherwise provided in a limited liability company agreement, any remaining assets shall
be distributed as provided in this chapter. Any person winding up a limited liability company's affairs who has complied
with this section is not personally liable to the claimants of
the dissolved limited liability company by reason of such person's actions in winding up the limited liability company.
[1994 c 211 § 807.]
25.15.300
ARTICLE IX. FOREIGN LIMITED
LIABILITY COMPANIES
25.15.310 Law governing. (1) Subject to the Constitution of the state of Washington:
(a) The laws of the state, territory, possession, or other
jurisdiction or country under which a foreign limited liability
company is organized govern its organization and internal
affairs and the liability of its members and managers; and
25.15.310
(2004 Ed.)
Limited Liability Companies
(b) A foreign limited liability company may not be
denied registration by reason of any difference between those
laws and the laws of this state.
(2) A foreign limited liability company is subject to
RCW 25.15.030 and, notwithstanding subsection (1)(a) of
this section, a foreign limited liability company rendering
professional services in this state is also subject to RCW
25.15.045(2).
(3) A foreign limited liability company and its members
and managers doing business in this state thereby submit to
personal jurisdiction of the courts of this state and are subject
to RCW 25.15.125. [1995 c 337 § 21; 1994 c 211 § 901.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.315
25.15.315 Registration required—Application.
Before doing business in this state, a foreign limited liability
company shall register with the secretary of state. In order to
register, a foreign limited liability company shall submit to
the secretary of state, an application for registration as a foreign limited liability company executed by any member or
manager of the foreign limited liability company, setting
forth:
(1) The name of the foreign limited liability company
and, if different, the name under which it proposes to register
and do business in this state;
(2) The state, territory, possession, or other jurisdiction
or country where formed, the date of its formation and a duly
authenticated statement from the secretary of state or other
official having custody of limited liability company records
in the jurisdiction under whose law it was formed, that as of
the date of filing the foreign limited liability company validly
exists as a limited liability company under the laws of the
jurisdiction of its formation;
(3) The nature of the business or purposes to be conducted or promoted in this state;
(4) The address of the registered office and the name and
address of the registered agent for service of process required
to be maintained by RCW 25.15.325(2);
(5) The address of the principal place of business of the
foreign limited liability company;
(6) A statement that the secretary of state is appointed
the agent of the foreign limited liability company for service
of process under the circumstances set forth in RCW
25.15.355(2); and
(7) The date on which the foreign limited liability company first did, or intends to do, business in this state. [1994 c
211 § 902.]
25.15.320
25.15.320 Issuance of registration. (1) If the secretary
of state finds that an application for registration conforms to
law and all requisite fees have been paid, the secretary shall:
(a) Certify that the application has been filed in his or her
office by endorsing upon the original application the word
"Filed," and the date of the filing. This endorsement is conclusive of the date of its filing in the absence of actual fraud;
(b) File the endorsed application.
(2) The duplicate of the application, similarly endorsed,
shall be returned to the person who filed the application or
that person's representative. [1994 c 211 § 903.]
(2004 Ed.)
25.15.325
25.15.325
25.15.325 Name—Registered office—Registered
agent. (1) A foreign limited liability company may register
with the secretary of state under any name (whether or not it
is the name under which it is registered in the jurisdiction of
its formation) that includes the words "Limited Liability
Company," the words "Limited Liability" and the abbreviation "Co.," or the abbreviation "L.L.C." or "LLC" and that
could be registered by a domestic limited liability company.
A foreign limited liability company may apply to the secretary of state for authorization to use a name which is not distinguishable upon the records of the office of the secretary of
state from the names described in RCW 23B.04.010 and
25.10.020, and the names of any domestic or foreign limited
liability company reserved, registered, or formed under the
laws of this state. The secretary of state shall authorize use of
the name applied for if the other corporation, limited liability
company, limited liability partnership, or limited partnership
consents in writing to the use and files with the secretary of
state documents necessary to change its name, or the name
reserved or registered to a name that is distinguishable upon
the records of the secretary of state from the name of the
applying foreign limited liability company.
(2) Each foreign limited liability company shall continuously maintain in this state:
(a) A registered office, which may but need not be a
place of its business in this state. The registered office shall
be at a specific geographic location in this state, and be identified by number, if any, and street, or building address or
rural route, or, if a commonly known street or rural route
address does not exist, by legal description. A registered
office may not be identified by post office box number or
other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a post
office address in conjunction with the registered office
address if the foreign limited liability company also maintains on file the specific geographic address of the registered
office where personal service of process may be made;
(b) A registered agent for service of process on the foreign limited liability company, which agent may be either an
individual resident of this state whose business office is identical with the foreign limited liability company's registered
office, or a domestic corporation, a limited partnership or
limited liability company, or a foreign corporation authorized
to do business in this state having a business office identical
with such registered office; and
(c) A registered agent who shall not be appointed without having given prior written consent to the appointment.
The written consent shall be filed with the secretary of state
in such form as the secretary may prescribe. The written consent shall be filled with or as a part of the document first
appointing a registered agent. In the event any individual,
limited liability company, limited partnership, or corporation
has been appointed agent without consent, that person or corporation may file a notarized statement attesting to that fact,
and the name shall forthwith be removed from the records of
the secretary of state.
(3) A foreign limited liability company may change its
registered office or registered agent by delivering to the secretary of state for filing a statement of change that sets forth:
(a) The name of the foreign limited liability company;
[Title 25 RCW—page 53]
25.15.330
Title 25 RCW: Partnerships
(b) If the current registered office is to be changed, the
street address of the new registered office in accord with subsection (2)(a) of this section;
(c) If the current registered agent is to be changed, the
name of the new registered agent and the new agent's written
consent, either on the statement or attached to it, to the
appointment; and
(d) That after the change or changes are made, the street
addresses of its registered office and the business office of its
registered agent will be identical.
(4) If a registered agent changes the street address of the
agent's business office, the registered agent may change the
street address of the registered office of any foreign limited
liability company for which the agent is the registered agent
by notifying the foreign limited liability company in writing
of the change and signing, either manually or in facsimile,
and delivering to the secretary of state for filing a statement
that complies with the requirements of subsection (3) of this
section and recites that the foreign limited liability company
has been notified of the change.
(5) A registered agent of any foreign limited liability
company may resign as agent by signing and delivering to the
secretary of state for filing a statement that the registered
office is also discontinued. After filing the statement the secretary of state shall mail a copy of the statement to the foreign
limited liability company at its principal place of business
shown in its application for certificate of registration if no
annual report has been filed. The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed. [2002 c 74 § 19; 1998 c 102 § 10; 1996 c 231
§ 10; 1994 c 211 § 904.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
25.15.330
25.15.330 Amendments to application. If any statement in the application for registration of a foreign limited
liability company was false when made or any arrangements
or other facts described have changed, making the application
false in any respect, the foreign limited liability company
shall promptly file in the office of the secretary of state a certificate, executed by any member or manager, correcting such
statement. [1994 c 211 § 905.]
25.15.335
25.15.335 Cancellation of registration. (1) A foreign
limited liability company may cancel its registration by filing
with the secretary of state a certificate of cancellation, executed by any member or manager. A cancellation does not
terminate the authority of the secretary of state to accept service of process on the foreign limited liability company with
respect to causes of action arising out of the doing of business
in this state.
(2) The certificate of cancellation shall set forth:
(a) The name of the foreign limited liability company;
(b) The date of filing of its certificate of registration;
(c) The reason for filing the certificate of cancellation;
(d) The future effective date (not later than the ninetieth
day after the date it is filed) of cancellation if it is not to be
effective upon filing of the certificate;
(e) The address to which service of process may be forwarded; and
[Title 25 RCW—page 54]
(f) Any other information the person filing the certificate
of cancellation desires. [1994 c 211 § 906.]
25.15.340
25.15.340 Doing business without registration. (1) A
foreign limited liability company doing business in this state
may not maintain any action, suit, or proceeding in this state
until it has registered in this state, and has paid to this state all
fees and penalties for the years or parts thereof, during which
it did business in this state without having registered.
(2) The failure of a foreign limited liability company to
register in this state does not impair:
(a) The validity of any contract or act of the foreign limited liability company;
(b) The right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or
(c) Prevent the foreign limited liability company from
defending any action, suit, or proceeding in any court of this
state.
(3) A member or a manager of a foreign limited liability
company is not liable for the obligations of the foreign limited liability company solely by reason of the limited liability
company's having done business in this state without registration. [1994 c 211 § 907.]
25.15.345
25.15.345 Foreign limited liability companies doing
business without having qualified—Injunctions. The
superior courts shall have jurisdiction to enjoin any foreign
limited liability company, or any agent thereof, from doing
any business in this state if such foreign limited liability company has failed to register under this article or if such foreign
limited liability company has secured a certificate of registration from the secretary of state under RCW 25.15.320 on the
basis of false or misleading representations. The secretary of
state shall, upon the secretary's own motion or upon the relation of proper parties, proceed for this purpose by complaint
in any county in which such foreign limited liability company
is doing or has done business. [1994 c 211 § 908.]
25.15.350
25.15.350 Transactions not constituting transacting
business. (1) The following activities, among others, do not
constitute transacting business within the meaning of this
article:
(a) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes;
(b) Holding meetings of the members, or managers if
any, or carrying on other activities concerning internal limited liability company affairs;
(c) Maintaining bank accounts, share accounts in savings
and loan associations, custodian or agency arrangements with
a bank or trust company, or stock or bond brokerage
accounts;
(d) Maintaining offices or agencies for the transfer,
exchange, and registration of the foreign limited liability
company's own securities or interests or maintaining trustees
or depositaries with respect to those securities or interests;
(e) Selling through independent contractors;
(f) Soliciting or procuring orders, whether by mail or
through employees or agents or otherwise, where the orders
require acceptance outside this state before becoming binding
(2004 Ed.)
Limited Liability Companies
contracts and where the contracts do not involve any local
performance other than delivery and installation;
(g) Making loans or creating or acquiring evidences of
debt, mortgages, or liens on real or personal property, or
recording same;
(h) Securing or collecting debts or enforcing mortgages
and security interests in property securing the debts;
(i) Owning, without more, real or personal property;
(j) Conducting an isolated transaction that is completed
within thirty days and that is not one in the course of repeated
transactions of a like nature;
(k) Transacting business in interstate commerce;
(l) Owning a controlling interest in a corporation or a
foreign corporation that transacts business within this state;
(m) Participating as a limited partner of a domestic or
foreign limited partnership that transacts business within this
state; or
(n) Participating as a member or a manager of a domestic
or foreign limited liability company that transacts business
within this state.
(2) The list of activities in subsection (1) of this section
is not exhaustive. [1994 c 211 § 909.]
25.15.355
25.15.355 Service of process on registered foreign
limited liability companies. (1) A foreign limited liability
company's registered agent is its agent for service of process,
notice, or demand required or permitted by law to be served
on the foreign limited liability company.
(2) The secretary of state shall be an agent of a foreign
limited liability company upon whom any such process,
notice, or demand may be served if:
(a) The foreign limited liability company fails to appoint
or maintain a registered agent in this state; or
(b) The registered agent cannot with reasonable diligence be found at the registered office.
(3) Service on the secretary of state of any such process,
notice, or demand shall be made by delivering to and leaving
with the secretary of state, or with any duly authorized clerk
of the secretary of state's office, the process, notice, or
demand. In the event any such process, notice, or demand is
served on the secretary of state, the secretary of state shall
immediately cause a copy thereof to be forwarded by certified mail, addressed to the foreign limited liability company
at the address of its principal place of business as it appears
on the records of the secretary of state. Any service so had on
the secretary of state shall be returnable in not less than thirty
days.
(4) The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of
state under this section, and shall record therein the time of
such service and the secretary of state's action with reference
thereto.
(5) This section does not limit or affect the right to serve
any process, notice, or demand required or permitted by law
to be served upon a foreign limited liability company in any
other manner now or hereafter permitted by law. [1994 c 211
§ 910.]
25.15.360
25.15.360 Service of process on unregistered foreign
limited liability companies. (1) Any foreign limited liabil(2004 Ed.)
25.15.366
ity company which shall do business in this state without having registered under RCW 25.15.315 shall be deemed to have
thereby appointed and constituted the secretary of state its
agent for the acceptance of legal process in any civil action,
suit, or proceeding against it in any state or federal court in
this state arising or growing out of any business done by it
within this state. The doing of business in this state by such
foreign limited liability company shall be a signification of
the agreement of such foreign limited liability company that
any such process when so served shall be of the same legal
force and validity as if served upon a registered agent personally within this state.
(2) In the event of service upon the secretary of state in
accordance with subsection (1) of this section, the secretary
of state shall forthwith notify the foreign limited liability
company thereof by letter, certified mail, return receipt
requested, directed to the foreign limited liability company at
the address furnished to the secretary of state by the plaintiff
in such action, suit, or proceeding. Such letter shall enclose a
copy of the process and any other papers served upon the secretary of state. It shall be the duty of the plaintiff in the event
of such service to serve process and any other papers in duplicate, to notify the secretary of state that service is being made
pursuant to this subsection. [1994 c 211 § 911.]
25.15.365
25.15.365 Revocation of registration—Requirements
for commencement. The secretary of state may commence
a proceeding under *section 11 of this act to revoke registration of a foreign limited liability company authorized to
transact business in this state if:
(1) The foreign limited liability company is without a
registered agent or registered office in this state for sixty days
or more;
(2) The foreign limited liability company does not
inform the secretary of state under RCW 25.15.330 that its
registered agent or registered office has changed, that its registered agent has resigned, or that its registered office has
been discontinued within sixty days of the change, resignation, or discontinuance;
(3) A manager or other agent of the foreign limited liability company signed a document knowing it was false in
any material respect with intent that the document be delivered to the secretary of state for filing; or
(4) The secretary of state receives a duly authenticated
certificate from the secretary of state or other official having
custody of limited liability company records in the jurisdiction under which the foreign limited liability company was
organized stating that the foreign limited liability company
has been dissolved or its certificate or articles of formation
canceled. [1996 c 231 § 11.]
*Reviser's note: The reference to "section 11 of this act" appears to be
erroneous. The error arose in the renumbering of sections when the bill was
engrossed. Section 12, codified as RCW 25.15.366, was apparently intended.
25.15.366
25.15.366 Revocation of registration—Procedure—
Notice—Correction of grounds—Certificate of revocation—Authority of agent. (1) If the secretary of state determines that one or more grounds exist under *section 10 of
this act for revocation of a foreign limited liability company's
registration, the secretary of state shall give the foreign limited liability company written notice of the determination by
[Title 25 RCW—page 55]
25.15.370
Title 25 RCW: Partnerships
first class mail, postage prepaid, stating in the notice the
ground or grounds for and effective date of the secretary of
state's determination, which date shall not be earlier than the
date on which the notice is mailed.
(2) If the foreign limited liability company does not correct each ground for revocation or demonstrate to the reasonable satisfaction of the secretary of state that each ground
determined by the secretary of state does not exist within
sixty days after notice is effective, the secretary of state shall
revoke the foreign limited liability company's registration by
signing a certificate of revocation that recites the ground or
grounds for revocation and its effective date. The secretary of
state shall file the original of the certificate and mail a copy to
the foreign limited liability company.
(3) Documents to be mailed by the secretary of state to a
foreign limited liability company for which provision is made
in this section shall be sent to the foreign limited liability
company at the address of the agent for service of process
contained in the application or certificate of this limited liability company which is most recently filed with the secretary
of state.
(4) The authority of a foreign limited liability company
to transact business in this state ceases on the date shown on
the certificate revoking its registration.
(5) The secretary of state's revocation of a foreign limited liability company's registration appoints the secretary of
state the foreign limited liability company's agent for service
of process in any proceeding based on a cause of action
which arose during the time the foreign limited liability company was authorized to transact business in this state.
(6) Revocation of a foreign limited liability company's
registration does not terminate the authority of the registered
agent of the foreign limited liability company. [1996 c 231 §
12.]
*Reviser's note: The reference to "section 10 of this act" appears to be
erroneous. The error arose in the renumbering of sections when the bill was
engrossed. Section 11, codified as RCW 25.15.365, was apparently intended.
ARTICLE X. DERIVATIVE ACTIONS
25.15.370
25.15.370 Right to bring action. A member may bring
an action in the superior courts in the right of a limited liability company to recover a judgment in its favor if managers or
members with authority to do so have refused to bring the
action or if an effort to cause those managers or members to
bring the action is not likely to succeed. [1994 c 211 § 1001.]
25.15.375
25.15.375 Proper plaintiff. In a derivative action, the
plaintiff must be a member at the time of bringing the action
and:
(1) At the time of the transaction of which the plaintiff
complains; or
(2) The plaintiff's status as a member had devolved upon
him or her by operation of law or pursuant to the terms of a
limited liability company agreement from a person who was
a member at the time of the transaction. [1994 c 211 § 1002.]
25.15.380
25.15.380 Complaint. In a derivative action, the complaint shall set forth with particularity the effort, if any, of the
plaintiff to secure initiation of the action by a manager or
[Title 25 RCW—page 56]
member or the reasons for not making the effort. [1994 c 211
§ 1003.]
25.15.385
25.15.385 Expenses. If a derivative action is successful, in whole or in part, as a result of a judgment, compromise, or settlement of any such action, the court may award
the plaintiff reasonable expenses, including reasonable attorneys' fees, from any recovery in any such action or from a
limited liability company. [1994 c 211 § 1004.]
ARTICLE XI. MERGERS
25.15.395
25.15.395 Merger—Plan—Effective date. (1) One or
more domestic limited liability companies may merge with
one or more domestic partnerships, domestic limited partnerships, domestic limited liability companies, or domestic corporations pursuant to a plan of merger approved or adopted as
provided in RCW 25.15.400.
(2) The plan of merger must set forth:
(a) The name of each partnership, limited liability company, limited partnership, and corporation planning to merge
and the name of the surviving partnership, limited liability
company, limited partnership, or corporation into which the
other partnership, limited liability company, limited partnership, or corporation plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the interests of
each member of each limited liability company, the partnership interests in each partnership or limited partnership, and
the shares of each corporation party to the merger into the
interests, shares, obligations, or other securities of the surviving or any other partnership, limited liability company, limited partnership, or corporation or into cash or other property
in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the certificate of formation of the
surviving limited liability company;
(b) Amendments to the certificate of limited partnership
of the surviving limited partnership;
(c) Amendments to the articles of incorporation of the
surviving corporation; and
(d) Other provisions relating to the merger.
(4) If the plan of merger does not specify a delayed effective date, it shall become effective upon the filing of articles
of merger. If the plan of merger specifies a delayed effective
time and date, the plan of merger becomes effective at the
time and date specified. If the plan of merger specifies a
delayed effective date but no time is specified, the plan of
merger is effective at the close of business on that date. A
delayed effective date for a plan of merger may not be later
than the ninetieth day after the date it is filed. [1998 c 103 §
1319; 1994 c 211 § 1101.]
25.15.400
25.15.400 Merger—Plan—Approval. (1) Unless otherwise provided in the limited liability company agreement,
approval of a plan of merger by a domestic limited liability
company party to the merger shall occur when the plan is
approved by the members, or if there is more than one class
or group of members, then by each class or group of members, in either case, by members contributing more than fifty
(2004 Ed.)
Limited Liability Companies
percent of the agreed value (as stated in the records of the
limited liability company required to be kept pursuant to
RCW 25.15.135) of the contributions made, or obligated to
be made, by all members or by the members in each class or
group, as appropriate.
(2) If a domestic limited partnership is a party to the
merger, the plan of merger shall be adopted and approved as
provided in RCW 25.10.810.
(3) If a domestic corporation is a party to the merger, the
plan of merger shall be adopted and approved as provided in
chapter 23B.11 RCW.
(4) If a domestic partnership is a party to the merger, the
plan of merger must be approved as provided in RCW
25.05.375. [1998 c 103 § 1320; 1994 c 211 § 1102.]
25.15.405
25.15.405 Articles of merger—Filing. After a plan of
merger is approved or adopted, the surviving partnership,
limited liability company, limited partnership, or corporation
shall deliver to the secretary of state for filing articles of
merger setting forth:
(1) The plan of merger;
(2) If the approval of any members, partners, or shareholders of one or more partnerships, limited liability companies, limited partnerships, or corporations party to the merger
was not required, a statement to that effect; or
(3) If the approval of any members, partners, or shareholders of one or more of the partnerships, limited liability
companies, limited partnerships, or corporations party to the
merger was required, a statement that the merger was duly
approved by such members, partners, and shareholders pursuant to RCW 25.05.375, 25.15.400, 25.10.810, or chapter
23B.11 RCW. [1998 c 103 § 1321; 1994 c 211 § 1103.]
25.15.410
25.15.410 Effect of merger. (1) When a merger takes
effect:
(a) Every other partnership, limited liability company,
limited partnership, or corporation that is party to the merger
merges into the surviving partnership, limited liability company, limited partnership, or corporation and the separate
existence of every partnership, limited liability company,
limited partnership, or corporation except the surviving partnership, limited liability company, limited partnership, or
corporation ceases;
(b) The title to all real estate and other property owned
by each partnership, limited liability company, limited partnership, and corporation party to the merger is vested in the
surviving partnership, limited liability company, limited partnership, or corporation without reversion or impairment;
(c) The surviving partnership, limited liability company,
limited partnership, or corporation has all liabilities of each
partnership, limited liability company, limited partnership,
and corporation that is party to the merger;
(d) A proceeding pending against any partnership, limited liability company, limited partnership, or corporation
that is party to the merger may be continued as if the merger
did not occur or the surviving partnership, limited liability
company, limited partnership, or corporation may be substituted in the proceeding for the partnership, limited liability
company, limited partnership, or corporation whose existence ceased;
(2004 Ed.)
25.15.415
(e) The certificate of formation of the surviving limited
liability company is amended to the extent provided in the
plan of merger;
(f) The partnership agreement of the surviving limited
partnership is amended to the extent provided in the plan of
merger;
(g) The articles of incorporation of the surviving corporation are amended to the extent provided in the plan of
merger; and
(h) The former members of every limited liability company party to the merger, holders of the partnership interests
of every domestic partnership or domestic limited partnership
that is party to the merger, and the former holders of the
shares of every domestic corporation that is party to the
merger are entitled only to the rights provided in the plan of
merger, to their rights under chapter 25.05 RCW, to their
rights under this article, to their rights under RCW 25.10.900
through 25.10.955, or to their rights under chapter 23B.13
RCW.
(2) Unless otherwise agreed, a merger of a domestic limited liability company, including a domestic limited liability
company which is not the surviving entity in the merger, shall
not require the domestic limited liability company to wind up
its affairs under RCW 25.15.295 or pay its liabilities and distribute its assets under RCW 25.15.300.
(3) Unless otherwise agreed, a merger of a domestic limited partnership, including a domestic limited partnership
which is not the surviving entity in the merger, shall not
require the domestic limited partnership to wind up its affairs
under RCW 25.10.460 or pay its liabilities and distribute its
assets under RCW 25.10.470.
(4) Unless otherwise agreed, a merger of a domestic partnership, including a domestic partnership which is not the
surviving entity in the merger, shall not require the domestic
partnership to wind up its affairs under article 8 of chapter
25.05 RCW.
(5) Unless otherwise agreed, a merger of a domestic limited liability company, including a domestic limited liability
company which is not the surviving entity in the merger, shall
not require the domestic limited liability company to wind up
its affairs under article 8 of chapter 25.15 RCW. [1998 c 103
§ 1322; 1994 c 211 § 1104.]
25.15.415 Merger—Foreign and domestic. (1) One or
more foreign partnerships, one or more foreign limited liability companies, one or more foreign limited partnerships, and
one or more foreign corporations may merge with one or
more domestic partnerships, domestic limited liability companies, domestic limited partnerships, or domestic corporations if:
(a) The merger is permitted by the law of the jurisdiction
under which each foreign limited liability company was
formed, each foreign partnership or foreign limited partnership was organized, and each foreign corporation was incorporated, and each foreign limited liability company, foreign
partnership, foreign limited partnership, and foreign corporation complies with that law in effecting the merger;
(b) The surviving entity complies with RCW 25.15.405
and 25.05.380;
(c) Each domestic limited liability company complies
with RCW 25.15.400;
25.15.415
[Title 25 RCW—page 57]
25.15.425
Title 25 RCW: Partnerships
(d) Each domestic limited partnership complies with
RCW 25.10.810; and
(e) Each domestic corporation complies with RCW
23B.11.080.
(2) Upon the merger taking effect, a surviving foreign
limited liability company, limited partnership, or corporation
is deemed to appoint the secretary of state as its agent for service of process in a proceeding to enforce any obligation or
the rights of dissenting partners or shareholders of each
domestic limited liability company, domestic limited partnership, or domestic corporation party to the merger. [1998 c
103 § 1323; 1994 c 211 § 1105.]
ARTICLE XII. DISSENTERS' RIGHTS
25.15.425
25.15.425 Definitions. As used in this article, unless
the context otherwise requires:
(1) "Limited liability company" means the domestic limited liability company in which the dissenter holds or held a
membership interest, or the surviving limited liability company, limited partnership, or corporation by merger, whether
foreign or domestic, of that limited liability company.
(2) "Dissenter" means a member who is entitled to dissent from a plan of merger and who exercises that right when
and in the manner required by this article.
(3) "Fair value," with respect to a dissenter's limited liability company interest, means the value of the member's limited liability company interest immediately before the effectuation of the merger to which the dissenter objects, excluding any appreciation or depreciation in anticipation of the
merger unless exclusion would be inequitable.
(4) "Interest" means interest from the effective date of
the merger until the date of payment, at the average rate currently paid by the limited liability company on its principal
bank loans or, if none, at a rate that is fair and equitable under
all the circumstances. [1994 c 211 § 1201.]
25.15.430
25.15.430 Member—Dissent—Payment of fair value.
(1) Except as provided in RCW 25.15.440 or 25.15.450(2), a
member of a domestic limited liability company is entitled to
dissent from, and obtain payment of, the fair value of the
member's interest in a limited liability company in the event
of consummation of a plan of merger to which the limited liability company is a party as permitted by RCW 25.15.395 or
25.15.415.
(2) A member entitled to dissent and obtain payment for
the member's interest in a limited liability company under
this article may not challenge the merger creating the member's entitlement unless the merger fails to comply with the
procedural requirements imposed by this title, Title 23B
RCW, RCW 25.10.800 through 25.10.840, or the limited liability company agreement, or is fraudulent with respect to the
member or the limited liability company.
(3) The right of a dissenting member in a limited liability
company to obtain payment of the fair value of the member's
interest in the limited liability company shall terminate upon
the occurrence of any one of the following events:
(a) The proposed merger is abandoned or rescinded;
(b) A court having jurisdiction permanently enjoins or
sets aside the merger; or
[Title 25 RCW—page 58]
(c) The member's demand for payment is withdrawn
with the written consent of the limited liability company.
[1994 c 211 § 1202.]
25.15.435
25.15.435 Dissenters' rights—Notice—Timing. (1)
Not less than ten days prior to the approval of a plan of
merger, the limited liability company must send a written
notice to all members who are entitled to vote on or approve
the plan of merger that they may be entitled to assert dissenters' rights under this article. Such notice shall be accompanied by a copy of this article.
(2) The limited liability company shall notify in writing
all members not entitled to vote on or approve the plan of
merger that the plan of merger was approved, and send them
the dissenters' notice as required by RCW 25.15.445. [1994
c 211 § 1203.]
25.15.440
25.15.440 Member—Dissent—Voting restriction. A
member of a limited liability company who is entitled to vote
on or approve the plan of merger and who wishes to assert
dissenters' rights must not vote in favor of or approve the plan
of merger. A member who does not satisfy the requirements
of this section is not entitled to payment for the member's
interest in the limited liability company under this article.
[1994 c 211 § 1204.]
25.15.445
25.15.445 Members—Dissenters' notice—Requirements. (1) If the plan of merger is approved, the limited liability company shall deliver a written dissenters' notice to all
members who satisfied the requirements of RCW 25.15.440.
(2) The dissenters' notice required by RCW 25.15.435(2)
or by subsection (1) of this section must be sent within ten
days after the approval of the plan of merger, and must:
(a) State where the payment demand must be sent;
(b) Inform members as to the extent transfer of the member's interest in the limited liability company will be
restricted as permitted by RCW 25.15.455 after the payment
demand is received;
(c) Supply a form for demanding payment;
(d) Set a date by which the limited liability company
must receive the payment demand, which date may not be
fewer than thirty nor more than sixty days after the date the
notice under this section is delivered; and
(e) Be accompanied by a copy of this article. [1994 c
211 § 1205.]
25.15.450
25.15.450 Member—Payment demand—Entitlement. (1) A member of a limited liability company who
demands payment retains all other rights of a member of such
company until the proposed merger becomes effective.
(2) A member of a limited liability company sent a dissenters' notice who does not demand payment by the date set
in the dissenters' notice is not entitled to payment for the
member's interest in the limited liability company under this
article. [1994 c 211 § 1206.]
25.15.455
25.15.455 Member's interests—Transfer restriction.
The limited liability company agreement may restrict the
transfer of members' interests in the limited liability company
from the date the demand for their payment is received until
(2004 Ed.)
Limited Liability Companies
the proposed merger becomes effective or the restriction is
released under this article. [1994 c 211 § 1207.]
25.15.460
25.15.460 Payment of fair value—Requirements for
compliance. (1) Within thirty days of the later of the date the
proposed merger becomes effective, or the payment demand
is received, the limited liability company shall pay each dissenter who complied with RCW 25.15.450 the amount the
limited liability company estimates to be the fair value of the
dissenting member's interest in the limited liability company,
plus accrued interest.
(2) The payment must be accompanied by:
(a) Copies of the financial statements for the limited liability company for its most recent fiscal year;
(b) An explanation of how the limited liability company
estimated the fair value of the member's interest in the limited
liability company;
(c) An explanation of how the accrued interest was calculated;
(d) A statement of the dissenter's right to demand payment; and
(e) A copy of this article. [1994 c 211 § 1208.]
25.15.465
25.15.465 Merger—Not effective within sixty days—
Transfer restrictions. (1) If the proposed merger does not
become effective within sixty days after the date set for
demanding payment, the limited liability company shall
release any transfer restrictions imposed as permitted by
RCW 25.15.455.
(2) If, after releasing transfer restrictions, the proposed
merger becomes effective, the limited liability company must
send a new dissenters' notice as provided in RCW
25.15.435(2) and 25.15.445 and repeat the payment demand
procedure. [1994 c 211 § 1209.]
25.15.470
25.15.470 Dissenter's estimate of fair value—Notice.
(1) A dissenting member may notify the limited liability
company in writing of the dissenter's own estimate of the fair
value of the dissenter's interest in the limited liability company, and amount of interest due, and demand payment of the
dissenter's estimate, less any payment under RCW 25.15.460,
if:
(a) The dissenter believes that the amount paid is less
than the fair value of the dissenter's interest in the limited liability company, or that the interest due is incorrectly calculated;
(b) The limited liability company fails to make payment
within sixty days after the date set for demanding payment; or
(c) The limited liability company, having failed to effectuate the proposed merger, does not release the transfer
restrictions imposed on members' interests as permitted by
RCW 25.15.455 within sixty days after the date set for
demanding payment.
(2) A dissenter waives the right to demand payment
under this section unless the dissenter notifies the limited liability company of the dissenter's demand in writing under
subsection (1) of this section within thirty days after the limited liability company made payment for the dissenter's interest in the limited liability company. [1994 c 211 § 1210.]
(2004 Ed.)
25.15.480
25.15.475
25.15.475 Unsettled demand for payment—Proceeding—Parties—Appraisers. (1) If a demand for payment
under RCW 25.15.450 remains unsettled, the limited liability
company shall commence a proceeding within sixty days
after receiving the payment demand and petition the court to
determine the fair value of the dissenting member's interest in
the limited liability company, and accrued interest. If the limited liability company does not commence the proceeding
within the sixty-day period, it shall pay each dissenter whose
demand remains unsettled the amount demanded.
(2) The limited liability company shall commence the
proceeding in the superior court. If the limited liability company is a domestic limited liability company, it shall commence the proceeding in the county where its registered
office is maintained.
(3) The limited liability company shall make all dissenters (whether or not residents of this state) whose demands
remain unsettled parties to the proceeding as in an action
against their membership interests in the limited liability
company and all parties must be served with a copy of the
petition. Nonresidents may be served by registered or certified mail or by publication as provided by law.
(4) The limited liability company may join as a party to
the proceeding any member who claims to be a dissenter but
who has not, in the opinion of the limited liability company,
complied with the provisions of this article. If the court determines that such member has not complied with the provisions
of this article, the member shall be dismissed as a party.
(5) The jurisdiction of the court in which the proceeding
is commenced is plenary and exclusive. The court may
appoint one or more persons as appraisers to receive evidence
and recommend decisions on the question of fair value. The
appraisers have the powers described in the order appointing
them or in any amendment to it. The dissenters are entitled to
the same discovery rights as parties in other civil proceedings.
(6) Each dissenter made a party to the proceeding is entitled to judgment for the amount, if any, by which the court
finds the fair value of the dissenter's membership interest in
the limited liability company, plus interest, exceeds the
amount paid by the limited liability company. [1994 c 211 §
1211.]
25.15.480
25.15.480 Unsettled demand for payment—Costs—
Fees and expenses of counsel. (1) The court in a proceeding
commenced under RCW 25.15.475 shall determine all costs
of the proceeding, including the reasonable compensation
and expenses of appraisers appointed by the court. The court
shall assess the costs against the limited liability company,
except that the court may assess the costs against all or some
of the dissenters, in amounts the court finds equitable, to the
extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the limited liability company and in favor of
any or all dissenters if the court finds the limited liability
company did not substantially comply with the requirements
of this article; or
[Title 25 RCW—page 59]
25.15.800
Title 25 RCW: Partnerships
(b) Against either the limited liability company or a dissenter, in favor of any other party, if the court finds that the
party against whom the fees and expenses are assessed acted
arbitrarily, vexatiously, or not in good faith with respect to
the rights provided by this article.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not
be assessed against the limited liability company, the court
may award to these counsel reasonable fees to be paid out of
the amounts awarded to the dissenters who were benefited.
[1994 c 211 § 1212.]
25.15.900 Effective date—1994 c 211. This act shall
take effect October 1, 1994. [1994 c 211 § 1312.]
25.15.900
25.15.901 Short title. This chapter may be cited as the
"Washington Limited Liability Company Act." [1994 c 211
§ 1313.]
25.15.901
25.15.902 Severability—1994 c 211. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1994 c 211 § 1314.]
25.15.902
ARTICLE XIII. MISCELLANEOUS
25.15.800
25.15.800 Construction and application of chapter
and limited liability company agreement. (1) The rule that
statutes in derogation of the common law are to be strictly
construed shall have no application to this chapter.
(2) It is the policy of this chapter to give the maximum
effect to the principle of freedom of contract and to the
enforceability of limited liability company agreements.
(3) Unless the context otherwise requires, as used in this
chapter, the singular shall include the plural and the plural
may refer to only the singular. The captions contained herein
are for purposes of convenience only and shall not control or
affect the construction of this chapter and do not constitute
part of the law. [1994 c 211 § 1301.]
25.15.805
25.15.805 Establishment of filing fees and miscellaneous charges. (1) The secretary of state shall adopt rules
establishing fees which shall be charged and collected for:
(a) Filing of a certificate of formation for a domestic limited liability company or an application for registration of a
foreign limited liability company;
(b) Filing of a certificate of cancellation for a domestic
or foreign limited liability company;
(c) Filing of a certificate of amendment or restatement
for a domestic or foreign limited liability company;
(d) Filing an application to reserve, register, or transfer a
limited liability company name;
(e) Filing any other certificate, statement, or report
authorized or permitted to be filed;
(f) Copies, certified copies, certificates, service of process filings, and expedited filings or other special services.
(2) In the establishment of a fee schedule, the secretary
of state shall, insofar as is possible and reasonable, be guided
by the fee schedule provided for corporations governed by
Title 23B RCW. Fees for copies, certified copies, certificates
of record, and service of process filings shall be as provided
for in RCW 23B.01.220.
(3) All fees collected by the secretary of state shall be
deposited with the state treasurer pursuant to law. [1994 c
211 § 1302.]
25.15.810
25.15.810 Authority to adopt rules. The secretary of
state shall adopt such rules as are necessary to implement the
transfer of duties and records required by this chapter. [1994
c 211 § 1303.]
[Title 25 RCW—page 60]
(2004 Ed.)
Title 26
Chapters
26.04
26.09
26.10
26.12
26.16
26.18
26.19
26.20
26.21
26.21A
26.23
26.25
26.26
26.27
26.28
26.30
26.33
26.34
26.40
26.44
26.50
26.52
Title 26
DOMESTIC RELATIONS
Marriage.
Dissolution of marriage—Legal separation.
Nonparental actions for child custody.
Family court.
Husband and wife—Rights and liabilities—
Community property.
Child support enforcement.
Child support schedule.
Family abandonment or nonsupport.
Uniform interstate family support act.
Uniform interstate family support act.
State support registry.
Cooperative child support services—Indian
tribes.
Uniform parentage act.
Uniform child custody jurisdiction act.
Age of majority.
Uniform minor student capacity to borrow act.
Adoption.
Interstate compact on placement of children.
Handicapped children.
Abuse of children.
Domestic violence prevention.
Foreign protection order full faith and credit
act.
Action against parent for willful injury to property by minor child: RCW
4.24.190.
Action by parent for sale or transfer of controlled substance to minor: RCW
69.50.414.
Child welfare services: Chapter 74.13 RCW.
Children, expectant mothers and adult developmentally disabled, care and
placement agencies: Chapter 74.15 RCW.
Children's center for research and training in mental retardation: RCW
28B.20.410 through 28B.20.414.
Community property, descent and distribution, devise: RCW 11.02.070,
11.04.015.
Contempts: Chapter 7.21 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Displaced homemaker act: Chapter 28B.04 RCW.
Enforcement of judgments: Title 6 RCW.
Evidence—Who are disqualified—Privileged communications: RCW
5.60.060.
Homesteads: Chapter 6.13 RCW.
Joint tenancies: Chapter 64.28 RCW.
Jurisdiction over Indians as to domestic relations and adoption: Chapter
37.12 RCW.
Personal exemptions: Chapter 6.15 RCW.
Probate and trust law: Title 11 RCW.
Sex crimes: Chapter 9A.44 RCW.
Sexually transmitted disease treatment and care for minors, consent, liability: RCW 70.24.110.
Shoplifting by minors, liability of parents, guardians: RCW 4.24.230.
Solicitation of minor for immoral purposes: RCW 71.06.010.
Special
(2004 Ed.)
proceedings and actions: Title 7 RCW.
rights of action: Chapter 4.24 RCW.
Survival of actions: Chapter 4.20 RCW.
Transfers to minors act: Chapter 11.114 RCW.
Trial—Implied bias defined: RCW 4.44.180.
Wages due on death of employee—Payment to survivor under community
property agreement: RCW 49.48.120.
Youth development and conservation corps: Chapter 79A.05 RCW.
Chapter 26.04
Chapter 26.04 RCW
MARRIAGE
Sections
26.04.010
26.04.020
26.04.050
26.04.060
26.04.070
26.04.080
26.04.090
26.04.100
26.04.105
26.04.110
26.04.120
26.04.130
26.04.140
26.04.150
26.04.160
26.04.165
26.04.170
26.04.175
26.04.180
26.04.190
26.04.200
26.04.210
26.04.220
26.04.240
26.04.250
Marriage contract—Void marriages.
Prohibited marriages.
Who may solemnize.
Marriage before unauthorized cleric—Effect.
Form of solemnization.
Marriage certificate—Contents.
Certificate for files of county auditor and state registrar of vital
statistics—Forms.
Filing and recording—County auditor.
Preservation of copies of applications and licenses—County
auditor.
Penalty for failure to deliver certificates.
Marriage according to religious ritual.
Voidable marriages.
Marriage license.
Application for license—May be secured by mail—Execution
and acknowledgment.
Application for license—Contents—Oath.
Additional marriage certificate form.
Inspection of applications.
When disclosure of marriage applications and records prohibited.
License—Time limitations as to issuance and use—Notification.
Refusal of license—Appeal.
Penalty for violations—1939 c 204.
Affidavits required for issuance of license—Penalties.
Retention of license by person solemnizing—Auditor's record.
Penalty for unlawful solemnization—Code 1881.
Penalty for unlawful solemnization—1909 c 249.
Certificates for out-of-state marriage license requirements: RCW
70.58.380.
Interschool athletic and other extracurricular activities for students, discrimination because of marital status prohibited: RCW 28A.600.200.
Statute of frauds—Contracts, etc., void unless in writing: RCW 19.36.010.
Veterans and veterans' affairs—Free marriage and divorce certificates:
RCW 73.04.120.
26.04.010
26.04.010 Marriage contract—Void marriages. (1)
Marriage is a civil contract between a male and a female who
have each attained the age of eighteen years, and who are otherwise capable.
(2) Every marriage entered into in which either the husband or the wife has not attained the age of seventeen years is
void except where this section has been waived by a superior
court judge of the county in which one of the parties resides
on a showing of necessity. [1998 c 1 § 3; 1973 1st ex.s. c 154
[Title 26 RCW—page 1]
26.04.020
Title 26 RCW: Domestic Relations
§ 26; 1970 ex.s. c 17 § 2; 1963 c 230 § 1; Code 1881 § 2380;
1866 p 81 § 1; 1854 p 404 §§ 1, 5; RRS § 8437.]
1883 p 43 § 1; Code 1881 § 2382; 1866 p 82 § 4; 1854 p 404
§ 4; RRS § 8441.]
Finding—1998 c 1: "(1) In P.L. 104-199; 110 Stat. 219, the Defense of
Marriage Act, Congress granted authority to the individual states to either
grant or deny recognition of same-sex marriages recognized as valid in
another state. The Defense of Marriage Act defines marriage for purposes of
federal law as a legal union between one man and one woman as husband
and wife and provides that a state shall not be required to give effect to any
public act or judicial proceeding of any other state respecting marriage
between persons of the same sex if the state has determined that it will not
recognize same-sex marriages.
(2) The legislature and the people of the state of Washington find that
matters pertaining to marriage are matters reserved to the sovereign states
and, therefore, such matters should be determined by the people within each
individual state and not by the people or courts of a different state." [1998 c
1 § 1.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1998 c 1: "(1) It is a compelling interest of the state of Washington to reaffirm its historical commitment to the institution of marriage as
a union between a man and a woman as husband and wife and to protect that
institution.
(2) The court in Singer v. Hara, 11 Wn. App. 247 (1974) held that the
Washington state marriage statute does not allow marriage between persons
of the same sex. It is the intent of the legislature by this act to codify the
Singer opinion and to fully exercise the authority granted the individual
states by Congress in P.L. 104-199; 110 Stat. 219, the Defense of Marriage
Act, to establish public policy against same-sex marriage in statutory law
that clearly and definitively declares same-sex marriages will not be recognized in Washington, even if they are made legal in other states." [1998 c 1
§ 2.]
26.04.060 Marriage before unauthorized cleric—
Effect. A marriage solemnized before any person professing
to be a minister or a priest of any religious denomination in
this state or professing to be an authorized officer thereof, is
not void, nor shall the validity thereof be in any way affected
on account of any want of power or authority in such person,
if such marriage be consummated with a belief on the part of
the persons so married, or either of them, that they have been
lawfully joined in marriage. [1975-'76 2nd ex.s. c 42 § 25;
Code 1881 § 2388; 1866 p 83 §§ 10 and 11; 1854 p 405 § 6;
RRS § 8442. Formerly RCW 26.04.060 and 26.24.200.]
26.04.060
26.04.070 Form of solemnization. In the solemnization of marriage no particular form is required, except that the
parties thereto shall assent or declare in the presence of the
minister, priest, or judicial officer solemnizing the same, and
in the presence of at least two attending witnesses, that they
take each other to be husband and wife. [Code 1881 § 2383;
1866 p 82 § 5; RRS § 8443.]
26.04.070
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
26.04.080 Marriage certificate—Contents. The person solemnizing a marriage shall give to each of the parties
thereto, if required, a certificate thereof, specifying therein
the names and residence of the parties, and of at least two witnesses present, the time and place of such marriage, and the
date of the license thereof, and by whom issued. [Code 1881
§ 2384; 1866 p 82 § 6; RRS § 8444.]
26.04.080
26.04.020
26.04.020 Prohibited marriages. (1) Marriages in the
following cases are prohibited:
(a) When either party thereto has a wife or husband living at the time of such marriage;
(b) When the husband and wife are nearer of kin to each
other than second cousins, whether of the whole or half blood
computing by the rules of the civil law; or
(c) When the parties are persons other than a male and a
female.
(2) It is unlawful for any man to marry his father's sister,
mother's sister, daughter, sister, son's daughter, daughter's
daughter, brother's daughter or sister's daughter; it is unlawful for any woman to marry her father's brother, mother's
brother, son, brother, son's son, daughter's son, brother's son
or sister's son.
(3) A marriage between two persons that is recognized as
valid in another jurisdiction is valid in this state only if the
marriage is not prohibited or made unlawful under subsection
(1)(a), (1)(c), or (2) of this section. [1998 c 1 § 4; 1927 c 189
§ 1; Code 1881 § 949; 1866 p 81 § 2; 1854 p 96 § 115; RRS
§ 8438.]
Finding—Intent—1998 c 1: See notes following RCW 26.04.010.
Bigamy: RCW 9A.64.010.
Incest—Penalties: RCW 9A.64.020.
26.04.050
26.04.050 Who may solemnize. The following named
officers and persons, active or retired, are hereby authorized
to solemnize marriages, to wit: Justices of the supreme court,
judges of the court of appeals, judges of the superior courts,
superior court commissioners, any regularly licensed or
ordained minister or any priest of any church or religious
denomination, and judges of courts of limited jurisdiction as
defined in RCW 3.02.010. [1987 c 291 § 1; 1984 c 258 § 95;
1983 c 186 § 1; 1971 c 81 § 69; 1913 c 35 § 1; 1890 p 98 § 1;
[Title 26 RCW—page 2]
26.04.090 Certificate for files of county auditor and
state registrar of vital statistics—Forms. A person solemnizing a marriage shall, within thirty days thereafter, make
and deliver to the county auditor of the county wherein the
license was issued a certificate for the files of the county
auditor, and a certificate for the files of the state registrar of
vital statistics. The certificate for the files of the county auditor shall be substantially as follows:
26.04.090
STATE OF WASHINGTON
COUNTY OF . . . . . . . . . . . . . .





This is to certify that the undersigned, a . . . . . ., by
authority of a license bearing date the . . . . day of . . . . . .
A.D., 19. . ., and issued by the County auditor of the county
of . . . . . ., did, on the . . . . day of . . . . . . A.D., 19. . ., at
. . . . . . in this county and state, join in lawful wedlock A.B.
of the county of . . . . . ., state of . . . . . . and C.D. of the
county of . . . . . ., state of . . . . . ., with their mutual assent,
in the presence of F H and E G, witnesses.
In Testimony Whereof, witness the signatures of the
parties to said ceremony, the witnesses and myself, this
. . . . day of . . . . . ., A.D., 19. . .
The certificate for the files of the state registrar of vital
statistics shall be in accordance with *RCW 70.58.200. The
certificate forms for the files of the county auditor and for the
(2004 Ed.)
Marriage
files of the state registrar of vital statistics shall be provided
by the state registrar of vital statistics. [1967 c 26 § 4; 1947 c
59 § 1, 1927 c 172 § 1; Code 1881 § 2385; 1866 p 82 § 7;
1854 p 405 § 7; RRS § 8445.]
*Reviser's note: RCW 70.58.200 was repealed by 1991 c 96 § 6.
26.04.170
26.04.140
26.04.140 Marriage license. Before any persons can be
joined in marriage, they shall procure a license from a county
auditor, as provided in RCW 26.04.150 through 26.04.190.
[1985 c 82 § 1; 1939 c 204 § 2; RRS § 8450-1. Prior: Code
1881 § 2390; 1866 p 83 § 12.]
Effective date—1967 c 26: See note following RCW 43.70.150.
26.04.150
26.04.100
26.04.100 Filing and recording—County auditor.
The county auditor shall file said certificates and record them
or bind them into numbered volumes, and note on the original
index to the license issued the volume and page wherein such
certificate is recorded or bound. He shall enter the date of filing and his name on the certificates for the files of the state
registrar of vital statistics, and transmit, by the tenth day of
each month, all such certificates filed with him during the
preceding month. [1967 c 26 § 5; 1947 c 59 § 2; 1886 p 66 §
1; Code 1881 § 2386; 1867 p 105 § 2; 1866 p 82 § 8; Rem.
Supp. 1947 § 8446.]
Effective date—1967 c 26: See note following RCW 43.70.150.
26.04.105
26.04.105 Preservation of copies of applications and
licenses—County auditor. The county auditor may preserve copies of marriage license applications submitted and
marriage licenses issued under this chapter in the same manner as authorized for the recording of instruments under
RCW 65.04.040. [1985 c 44 § 1.]
26.04.110
26.04.110 Penalty for failure to deliver certificates.
Any person solemnizing a marriage, who shall wilfully refuse
or neglect to make and deliver to the county auditor for
record, the certificates mentioned in RCW 26.04.090, within
the time in such section specified, shall be deemed guilty of a
misdemeanor, and upon conviction shall pay for such refusal,
or neglect, a fine of not less than twenty-five nor more than
three hundred dollars. [1967 c 26 § 6; 1947 c 59 § 3; 1886 p
66 § 2; Code 1881 § 2387; 1866 p 83 § 9; Rem. Supp. 1947 §
8447.]
Effective date—1967 c 26: See note following RCW 43.70.150.
26.04.120
26.04.120 Marriage according to religious ritual. All
marriages to which there are no legal impediments, solemnized before or in any religious organization or congregation,
according to the established ritual or form commonly practiced therein, are valid, and a certificate containing the particulars specified in RCW 26.04.080 and 26.04.090, shall be
made and filed for record by the person or persons presiding
or officiating in or recording the proceedings of such religious organization or congregation, in the manner and with
like effect as in ordinary cases. [Code 1881 § 2389; RRS §
8448.]
26.04.150 Application for license—May be secured
by mail—Execution and acknowledgment. Any person
may secure by mail from the county auditor of the county in
the state of Washington where he intends to be married, an
application, and execute and acknowledge said application
before a notary public. [1963 c 230 § 2; 1939 c 204 § 3; RRS
§ 8450-2.]
26.04.160
26.04.160 Application for license—Contents—Oath.
(1) Application for a marriage license must be made and filed
with the appropriate county auditor upon blanks to be provided by the county auditor for that purpose, which application shall be under the oath of each of the applicants, and each
application shall state the name, address at the time of execution of application, age, social security number, birthplace,
whether single, widowed or divorced, and whether under
control of a guardian, residence during the past six months:
PROVIDED, That each county may require such other and
further information on said application as it shall deem necessary.
(2) The county legislative authority may impose an additional fee up to fifteen dollars on a marriage license for the
purpose of funding family services such as family support
centers. [1997 c 58 § 909; 1993 c 451 § 1; 1985 c 82 § 2;
1967 c 26 § 7; 1939 c 204 § 4; RRS § 8450-3.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—1967 c 26: See note following RCW 43.70.150.
26.04.165
26.04.165 Additional marriage certificate form. In
addition to the application provided for in RCW 26.04.160,
the county auditor for the county wherein the license is issued
shall submit to each applicant at the time for application for a
license the Washington state department of health marriage
certificate form prescribed by *RCW 70.58.200 to be completed by the applicants and returned to the county auditor for
the files of the state registrar of vital statistics. After the execution of the application for, and the issuance of a license, no
county shall require the persons authorized to solemnize marriages to obtain any further information from the persons to
be married except the names and county of residence of the
persons to be married. [1989 1st ex.s. c 9 § 203; 1979 c 141
§ 34; 1969 ex.s. c 279 § 1.]
*Reviser's note: RCW 70.58.200 was repealed by 1991 c 96 § 6.
26.04.130
26.04.130 Voidable marriages. When either party to a
marriage shall be incapable of consenting thereto, for want of
legal age or a sufficient understanding, or when the consent
of either party shall be obtained by force or fraud, such marriage is voidable, but only at the suit of the party laboring
under the disability, or upon whom the force or fraud is
imposed. [Code 1881 § 2381; 1866 p 81 § 3; RRS § 8449.]
(2004 Ed.)
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
26.04.170
26.04.170 Inspection of applications. Any such application shall be open to public inspection as a part of the
records of the office of such county auditor. [1985 c 82 § 3;
1939 c 204 § 5; RRS § 8450-4.]
[Title 26 RCW—page 3]
26.04.175
Title 26 RCW: Domestic Relations
26.04.175
26.04.175 When disclosure of marriage applications
and records prohibited. If a program participant under
chapter 40.24 RCW notifies the appropriate county auditor as
required under rules adopted by the secretary of state, the
county auditor shall not make available for inspection or
copying the name and address of a program participant contained in marriage applications and records filed under chapter 26.04 RCW, except under the following circumstances:
(1) If requested by a law enforcement agency, to the law
enforcement agency; and
(2) If directed by a court order, to a person identified in
the order. [1991 c 23 § 12.]
26.04.180
26.04.180 License—Time limitations as to issuance
and use—Notification. The county auditor may issue the
marriage license at the time of application, but shall issue
such license no later than the third full day following the date
of the application. A marriage license issued pursuant to the
provisions of this chapter may not be used until three days
after the date of application and shall become void if the marriage is not solemnized within sixty days of the date of the
issuance of the license, and the county auditor shall notify the
applicant in writing of this requirement at the time of issuance of the license. [1985 c 82 § 4; 1979 ex.s. c 128 § 1; 1963
c 230 § 3; 1953 c 107 § 1. Prior: 1943 c 250 § 1; 1939 c 204
§ 6; Rem. Supp. 1943 § 8450-5.]
is required, the license may be granted in cases where the
female has attained the age of seventeen years or the male has
attained the age of seventeen years. Such affidavit may be
subscribed and sworn to before any person authorized to
administer oaths.
(2) Anyone knowingly swearing falsely to any of the
statements contained in the affidavits mentioned in this section is guilty of perjury under chapter 9A.72 RCW.
(3) The affidavit form shall be designed to require a
statement that no contagious sexually transmitted disease is
present or that the condition is known to both applicants,
without requiring the applicants to state whether or not either
or both of them are afflicted by such disease.
(4) Any person knowingly violating this section is guilty
of a class C felony and shall be punished by a fine of not more
than one thousand dollars, or by imprisonment in a state correctional facility for a period of not more than three years, or
by both such fine and imprisonment. [2003 c 53 § 166; 1995
c 301 § 78; 1985 c 82 § 5; 1979 ex.s. c 128 § 2; 1973 1st ex.s.
c 154 § 29; 1970 ex.s. c 17 § 5; 1963 c 230 § 4; 1959 c 149 §
3; 1909 ex.s. c 16 § 3; 1909 c 174 § 3; Code 1881 §§ 2391,
2392; 1867 p 104 § 1; 1866 p 83 §§ 13, 14; RRS § 8451.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
26.04.220
26.04.190
26.04.190 Refusal of license—Appeal. Any county
auditor is hereby authorized to refuse to issue a license to
marry if, in his discretion, the applications executed by the
parties or information coming to his knowledge as a result of
the execution of said applications, justifies said refusal:
PROVIDED, HOWEVER, The denied parties may appeal to
the superior court of said county for an order to show cause,
directed to said county auditor to appear before said court to
show why said court should not grant an order to issue a
license to said denied parties and, after due hearing, or if the
auditor fails to appear, said court may in its discretion, issue
an order to said auditor directing him to issue said license;
any hearings held by a superior court under RCW 26.04.140
through 26.04.200 may, in the discretion of said court, be
held in chambers. [1939 c 204 § 7; RRS § 8450-6.]
26.04.200
26.04.200 Penalty for violations—1939 c 204. Any
person intentionally violating any provision of RCW
26.04.140 through 26.04.190 shall be guilty of a misdemeanor. [1939 c 204 § 8; RRS § 8450-7.]
Punishment of misdemeanor when not fixed by statute: RCW 9.92.030.
26.04.210
26.04.210 Affidavits required for issuance of
license—Penalties. (1) The county auditor, before a marriage license is issued, upon the payment of a license fee as
fixed in RCW 36.18.010 shall require each applicant therefor
to make and file in the auditor's office upon blanks to be provided by the county for that purpose, an affidavit showing
that if an applicant is afflicted with any contagious sexually
transmitted disease, the condition is known to both applicants, and that the applicants are the age of eighteen years or
over. If the consent in writing is obtained of the father,
mother, or legal guardian of the person for whom the license
[Title 26 RCW—page 4]
26.04.220 Retention of license by person solemnizing—Auditor's record. The person solemnizing the marriage is authorized to retain in his possession the license, but
the county auditor who issues the same, before delivering it,
shall enter in his marriage record a memorandum of the
names of the parties, the consent of the parents or guardian, if
any, and the name of the affiant and the substance of the affidavit upon which said license issued, and the date of such
license. [Code 1881 § 2393; 1866 p 84 § 15; RRS § 8453.]
26.04.240
26.04.240 Penalty for unlawful solemnization—Code
1881. Any person who shall undertake to join others in marriage knowing that he is not lawfully authorized so to do, or
any person authorized to solemnize marriage, who shall join
persons in marriage contrary to the provisions of *this chapter, shall, upon conviction thereof, be punished by a fine of
not more than five hundred, nor less than one hundred dollars. [Code 1881 § 2395; 1866 p 84 § 17; RRS § 8454.
FORMER PART OF SECTION: 1909 c 249 § 419; RRS §
2671 now codified as RCW 26.04.250.]
*Reviser's note: "This chapter" (chapter 182, Code 1881) is codified as
RCW 26.04.010, 26.04.050 through 26.04.140, and 26.04.220 through
26.04.240. Code 1881 §§ 2391 and 2392, being part of chapter 182, Code
1881, appear to be superseded by 1909 ex.s. c 16 § 3 (RCW 26.04.210)
which is subject to the penalties of RCW 26.04.230.
26.04.250
26.04.250 Penalty for unlawful solemnization—1909
c 249. Every person who shall solemnize a marriage when
either party thereto is known to him to be under the age of
legal consent or a marriage to which, within his knowledge,
any legal impediment exists, shall be guilty of a gross misdemeanor. [1979 ex.s. c 128 § 3; 1909 c 249 § 419; RRS §
2671. Formerly RCW 26.04.240, part.]
Punishment of gross misdemeanor when not fixed by statute: RCW 9.92.020.
(2004 Ed.)
Dissolution of Marriage—Legal Separation
Chapter 26.09
Chapter 26.09 RCW
DISSOLUTION OF MARRIAGE—
LEGAL SEPARATION
Sections
26.09.002
26.09.004
26.09.006
26.09.010
26.09.015
26.09.020
26.09.030
26.09.040
26.09.050
26.09.060
26.09.070
26.09.080
26.09.090
26.09.100
26.09.105
26.09.110
26.09.120
26.09.135
26.09.138
26.09.140
26.09.150
26.09.160
26.09.165
26.09.170
26.09.173
26.09.175
26.09.181
26.09.184
26.09.187
26.09.191
26.09.194
26.09.197
26.09.210
26.09.220
26.09.225
26.09.240
26.09.255
26.09.260
26.09.270
26.09.280
26.09.285
26.09.290
26.09.300
26.09.310
(2004 Ed.)
Policy.
Definitions.
Mandatory use of approved forms.
Civil practice to govern—Designation of proceedings—
Decrees.
Mediation—Confidentiality—Report to court.
Petition in proceeding for dissolution of marriage, legal separation, or for a declaration concerning validity of marriage—
Contents—Parties—Certificate.
Petition for dissolution of marriage—Court proceedings, findings—Transfer to family court—Legal separation in lieu of
dissolution.
Petition to have marriage declared invalid or judicial determination of validity—Procedure—Findings—Grounds—
Legitimacy of children.
Decrees—Contents—Restraining orders—Enforcement—
Notice of termination or modification of restraining order.
Temporary maintenance or child support—Temporary
restraining order—Preliminary injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of restraining order—Support debts,
notice.
Separation contracts.
Disposition of property and liabilities—Factors.
Maintenance orders for either spouse—Factors.
Child support—Apportionment of expense—Periodic adjustments or modifications.
Child support—Health insurance coverage—Conditions.
Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.
Support or maintenance payments—To whom paid.
Order or decree for child support—Compliance with RCW
26.23.050.
Mandatory assignment of public retirement benefits—Remedies exclusive.
Payment of costs, attorney's fees, etc.
Decree of dissolution of marriage, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of decree
of legal separation to decree of dissolution—Name of party.
Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit
contact with children not suspended—Penalties.
Court orders—Required language.
Modification of decree for maintenance or support, property
disposition—Termination of maintenance obligation and
child support—Grounds.
Modification of child support order—Child support order
summary report.
Modification of order of child support.
Procedure for determining permanent parenting plan.
Permanent parenting plan.
Criteria for establishing permanent parenting plan.
Restrictions in temporary or permanent parenting plans.
Proposed temporary parenting plan—Temporary order—
Amendment—Vacation of order.
Issuance of temporary parenting plan—Criteria.
Parenting plans—Interview with child by court—Advice of
professional personnel.
Parenting arrangements—Investigation and report—Appointment of guardian ad litem.
Access to child's education and health care records.
Visitation rights—Person other than parent—Grandparents'
visitation rights.
Remedies when a child is taken, enticed, or concealed.
Modification of parenting plan or custody decree.
Child custody—Temporary custody order, temporary parenting plan, or modification of custody decree—Affidavits
required.
Parenting plan or child support modification or enforcement—
Venue.
Designation of custody for the purpose of other state and federal statutes.
Final decree of divorce nunc pro tunc.
Restraining orders—Notice—Refusal to comply—Arrest—
Penalty—Defense—Peace officers, immunity.
Provision of health care to minor—Immunity of health care
provider.
26.09.004
NOTICE REQUIREMENTS AND STANDARDS
FOR PARENTAL RELOCATION
26.09.405
26.09.410
26.09.420
26.09.430
26.09.440
26.09.450
26.09.460
26.09.470
26.09.480
26.09.490
26.09.500
26.09.510
26.09.520
26.09.530
26.09.540
26.09.550
26.09.560
26.09.900
26.09.901
26.09.902
26.09.907
26.09.909
26.09.910
26.09.911
26.09.912
26.09.913
26.09.914
Applicability.
Definitions.
Grant of authority.
Notice requirement.
Notice—Contents and delivery.
Notice—Relocation within the same school district.
Limitation of notices.
Failure to give notice.
Objection to relocation or proposed revised residential schedule.
Required provision in residential orders.
Failure to object.
Temporary orders.
Basis for determination.
Factor not to be considered.
Objections by nonparents.
Sanctions.
Priority for hearing.
Construction—Pending divorce actions.
Conversion of pending action to dissolution proceeding.
RCW 26.09.900 and 26.09.901 deemed in effect on July 16,
1973.
Construction—Pending actions as of January 1, 1988.
Decrees entered into prior to January 1, 1988.
Short title—1987 c 460.
Section captions—1987 c 460.
Effective date—1987 c 460.
Severability—1987 c 460.
Severability—1989 c 375.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
Living in marital relationship within state submits person to state jurisdiction as to proceedings under this chapter: RCW 4.28.185.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
Nonparental actions for child custody: Chapter 26.10 RCW.
Process—Domestic relations actions: Rules of court: CR 4.1.
Uniform child custody jurisdiction act: Chapter 26.27 RCW.
26.09.002 Policy. Parents have the responsibility to
make decisions and perform other parental functions necessary for the care and growth of their minor children. In any
proceeding between parents under this chapter, the best interests of the child shall be the standard by which the court
determines and allocates the parties' parental responsibilities.
The state recognizes the fundamental importance of the parent-child relationship to the welfare of the child, and that the
relationship between the child and each parent should be fostered unless inconsistent with the child's best interests. The
best interests of the child are served by a parenting arrangement that best maintains a child's emotional growth, health
and stability, and physical care. Further, the best interest of
the child is ordinarily served when the existing pattern of
interaction between a parent and child is altered only to the
extent necessitated by the changed relationship of the parents
or as required to protect the child from physical, mental, or
emotional harm. [1987 c 460 § 2.]
26.09.002
26.09.004
26.09.004 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Temporary parenting plan" means a plan for parenting of the child pending final resolution of any action for dissolution of marriage, declaration of invalidity, or legal separation which is incorporated in a temporary order.
(2) "Permanent parenting plan" means a plan for parenting the child, including allocation of parenting functions,
[Title 26 RCW—page 5]
26.09.006
Title 26 RCW: Domestic Relations
which plan is incorporated in any final decree or decree of
modification in an action for dissolution of marriage, declaration of invalidity, or legal separation.
(3) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions
and performs functions necessary for the care and growth of
the child. Parenting functions include:
(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) Attending to the daily needs of the child, such as
feeding, clothing, physical care and grooming, supervision,
health care, and day care, and engaging in other activities
which are appropriate to the developmental level of the child
and that are within the social and economic circumstances of
the particular family;
(c) Attending to adequate education for the child, including remedial or other education essential to the best interests
of the child;
(d) Assisting the child in developing and maintaining
appropriate interpersonal relationships;
(e) Exercising appropriate judgment regarding the child's
welfare, consistent with the child's developmental level and
the family's social and economic circumstances; and
(f) Providing for the financial support of the child. [1987
c 460 § 3.]
26.09.006 Mandatory use of approved forms. (1)
Effective January 1, 1992, a party shall not file any pleading
with the clerk of the court in an action commenced under this
chapter unless on forms approved by the administrator for the
courts.
(2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220.
[1992 c 229 § 1; 1990 1st ex.s. c 2 § 26.]
26.09.006
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.09.010 Civil practice to govern—Designation of
proceedings—Decrees. (1) Except as otherwise specifically
provided herein, the practice in civil action shall govern all
proceedings under this chapter, except that trial by jury is dispensed with.
(2) A proceeding for dissolution of marriage, legal separation or a declaration concerning the validity of a marriage
shall be entitled "In re the marriage of . . . . . . and . . . . . ."
Such proceeding may be filed in the superior court of the
county where the petitioner resides.
(3) In cases where there has been no prior proceeding in
this state involving the marital status of the parties or support
obligations for a minor child, a separate parenting and support proceeding between the parents shall be entitled "In re
the parenting and support of . . . . . ."
(4) The initial pleading in all proceedings under this
chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all
pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court.
(5) In this chapter, "decree" includes "judgment".
(6) A decree of dissolution, of legal separation, or a declaration concerning the validity of a marriage shall not be
awarded to one of the parties, but shall provide that it affects
26.09.010
[Title 26 RCW—page 6]
the status previously existing between the parties in the manner decreed. [1989 c 375 § 1; 1987 c 460 § 1; 1975 c 32 § 1;
1973 1st ex.s. c 157 § 1.]
26.09.015
26.09.015 Mediation—Confidentiality—Report to
court. (1) In any proceeding under this chapter, the matter
may be set for mediation of the contested issues before or
concurrent with the setting of the matter for hearing. The purpose of the mediation proceeding shall be to reduce acrimony
which may exist between the parties and to develop an agreement assuring the child's close and continuing contact with
both parents after the marriage is dissolved. The mediator
shall use his or her best efforts to effect a settlement of the
dispute.
(2) Each superior court may make available a mediator.
The mediator may be a member of the professional staff of a
family court or mental health services agency, or may be any
other person or agency designated by the court. In order to
provide mediation services, the court is not required to institute a family court.
(3) Mediation proceedings shall be held in private and
shall be confidential. The mediator shall not testify as to any
aspect of the mediation proceedings. This subsection shall
not apply to postdecree mediation required pursuant to a
parenting plan.
(4) The mediator shall assess the needs and interests of
the child or children involved in the controversy and may
interview the child or children if the mediator deems such
interview appropriate or necessary.
(5) Any agreement reached by the parties as a result of
mediation shall be reported to the court and to counsel for the
parties by the mediator on the day set for mediation or any
time thereafter designated by the court. [1991 c 367 § 2;
1989 c 375 § 2; 1986 c 95 § 4.]
Severability—1991 c 367: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 367 § 54.]
Effective date—1991 c 367: "This act shall take effect September 1,
1991." [1991 c 367 § 55.]
Captions not law—1991 c 367: "Captions as used in this act do not
constitute any part of the law." [1991 c 367 § 57.]
Mediation testimony competency: RCW 5.60.070 and 5.60.072.
26.09.020
26.09.020 Petition in proceeding for dissolution of
marriage, legal separation, or for a declaration concerning validity of marriage—Contents—Parties—Certificate. (1) A petition in a proceeding for dissolution of marriage, legal separation, or for a declaration concerning the
validity of a marriage shall allege:
(a) The last known state of residence of each party, and
if a party's last known state of residence is Washington, the
last known county of residence;
(b) The date and place of the marriage;
(c) If the parties are separated the date on which the separation occurred;
(d) The names and ages of any child dependent upon
either or both spouses and whether the wife is pregnant;
(e) Any arrangements as to the residential schedule of,
decision making for, dispute resolution for, and support of
the children and the maintenance of a spouse;
(2004 Ed.)
Dissolution of Marriage—Legal Separation
(f) A statement specifying whether there is community
or separate property owned by the parties to be disposed of;
(g) The relief sought.
(2) Either or both parties to the marriage may initiate the
proceeding.
(3) The petitioner shall complete and file with the petition a certificate under RCW 43.70.150 on the form provided
by the department of health and the confidential information
form under RCW 26.23.050. [2001 c 42 § 1; 1997 c 58 § 945.
Prior: 1989 1st ex.s. c 9 § 204; 1989 c 375 § 3; 1983 1st ex.s.
c 45 § 2; 1973 2nd ex.s. c 23 § 1; 1973 1st ex.s. c 157 § 2.]
Effective date—2001 c 42: "This act takes effect October 1, 2001."
[2001 c 42 § 7.]
Severability—2001 c 42: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2001 c 42 § 8.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
26.09.030
26.09.030 Petition for dissolution of marriage—
Court proceedings, findings—Transfer to family court—
Legal separation in lieu of dissolution. When a party who
(1) is a resident of this state, or (2) is a member of the armed
forces and is stationed in this state, or (3) is married to a party
who is a resident of this state or who is a member of the
armed forces and is stationed in this state, petitions for a dissolution of marriage, and alleges that the marriage is irretrievably broken and when ninety days have elapsed since the
petition was filed and from the date when service of summons was made upon the respondent or the first publication
of summons was made, the court shall proceed as follows:
(1) If the other party joins in the petition or does not deny
that the marriage is irretrievably broken, the court shall enter
a decree of dissolution.
(2) If the other party alleges that the petitioner was
induced to file the petition by fraud, or coercion, the court
shall make a finding as to that allegation and, if it so finds
shall dismiss the petition.
(3) If the other party denies that the marriage is irretrievably broken the court shall consider all relevant factors,
including the circumstances that gave rise to the filing of the
petition and the prospects for reconciliation and shall:
(a) Make a finding that the marriage is irretrievably broken and enter a decree of dissolution of the marriage; or
(b) At the request of either party or on its own motion,
transfer the cause to the family court, refer them to another
counseling service of their choice, and request a report back
from the counseling service within sixty days, or continue the
matter for not more than sixty days for hearing. If the cause is
returned from the family court or at the adjourned hearing,
the court shall:
(i) Find that the parties have agreed to reconciliation and
dismiss the petition; or
(ii) Find that the parties have not been reconciled, and
that either party continues to allege that the marriage is irretrievably broken. When such facts are found, the court shall
enter a decree of dissolution of the marriage.
(2004 Ed.)
26.09.040
(4) If the petitioner requests the court to decree legal separation in lieu of dissolution, the court shall enter the decree
in that form unless the other party objects and petitions for a
decree of dissolution or declaration of invalidity. [1996 c 23
§ 1; 1973 1st ex.s. c 157 § 3.]
26.09.040
26.09.040 Petition to have marriage declared invalid
or judicial determination of validity—Procedure—Findings—Grounds—Legitimacy of children. (1) While both
parties to an alleged marriage are living, and at least one party
is resident in this state or a member of the armed service and
stationed in the state, a petition to have the marriage declared
invalid may be sought by:
(a) Either or both parties, or the guardian of an incompetent spouse, for any cause specified in subsection (4) of this
section; or
(b) Either or both parties, the legal spouse, or a child of
either party when it is alleged that the marriage is bigamous.
(2) If the validity of a marriage is denied or questioned at
any time, either or both parties to the marriage may petition
the court for a judicial determination of the validity of such
marriage.
(3) In a proceeding to declare the invalidity of a marriage, the court shall proceed in the manner and shall have the
jurisdiction, including the authority to provide for maintenance, a parenting plan for minor children, and division of the
property of the parties, provided by this chapter.
(4) After hearing the evidence concerning the validity of
a marriage, if both parties to the alleged marriage are still living, the court:
(a) If it finds the marriage to be valid, shall enter a decree
of validity;
(b) If it finds that:
(i) The marriage should not have been contracted
because of age of one or both of the parties, lack of required
parental or court approval, a prior undissolved marriage of
one or both of the parties, reasons of consanguinity, or
because a party lacked capacity to consent to the marriage,
either because of mental incapacity or because of the influence of alcohol or other incapacitating substances, or because
a party was induced to enter into the marriage by force or
duress, or by fraud involving the essentials of marriage, and
that the parties have not ratified their marriage by voluntarily
cohabiting after attaining the age of consent, or after attaining
capacity to consent, or after cessation of the force or duress or
discovery of the fraud, shall declare the marriage invalid as of
the date it was purportedly contracted;
(ii) The marriage should not have been contracted
because of any reason other than those above, shall upon
motion of a party, order any action which may be appropriate
to complete or to correct the record and enter a decree declaring such marriage to be valid for all purposes from the date
upon which it was purportedly contracted;
(c) If it finds that a marriage contracted in a jurisdiction
other than this state, was void or voidable under the law of the
place where the marriage was contracted, and in the absence
of proof that such marriage was subsequently validated by
the laws of the place of contract or of a subsequent domicile
of the parties, shall declare the marriage invalid as of the date
of the marriage.
[Title 26 RCW—page 7]
26.09.050
Title 26 RCW: Domestic Relations
(5) Any child of the parties born or conceived during the
existence of a marriage of record is legitimate and remains
legitimate notwithstanding the entry of a declaration of invalidity of the marriage. [1987 c 460 § 4; 1975 c 32 § 2; 1973
1st ex.s. c 157 § 4.]
26.09.050
26.09.050 Decrees—Contents—Restraining orders—
Enforcement—Notice of termination or modification of
restraining order. (1) In entering a decree of dissolution of
marriage, legal separation, or declaration of invalidity, the
court shall determine the marital status of the parties, make
provision for a parenting plan for any minor child of the marriage, make provision for the support of any child of the marriage entitled to support, consider or approve provision for
the maintenance of either spouse, make provision for the disposition of property and liabilities of the parties, make provision for the allocation of the children as federal tax exemptions, make provision for any necessary continuing restraining orders including the provisions contained in RCW
9.41.800, make provision for the issuance within this action
of the restraint provisions of a domestic violence protection
order under chapter 26.50 RCW or an antiharassment protection order under chapter 10.14 RCW, and make provision for
the change of name of any party.
(2) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing
another party, or from going onto the grounds of or entering
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within, a
specified distance of a location, shall prominently bear on the
front page of the order the legend: VIOLATION OF THIS
ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A
CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW
AND WILL SUBJECT A VIOLATOR TO ARREST.
(3) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted
under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by
the clerk of the court on or before the next judicial day to the
appropriate law enforcement agency specified in the order.
Upon receipt of the order, the law enforcement agency shall
enter the order into any computer-based criminal intelligence
information system available in this state used by law
enforcement agencies to list outstanding warrants. The order
is fully enforceable in any county in the state.
(4) If a restraining order issued pursuant to this section is
modified or terminated, the clerk of the court shall notify the
law enforcement agency specified in the order on or before
the next judicial day. Upon receipt of notice that an order has
been terminated, the law enforcement agency shall remove
the order from any computer-based criminal intelligence system. [2000 c 119 § 6; 1995 c 93 § 2; 1994 sp.s. c 7 § 451;
1989 c 375 § 29; 1987 c 460 § 5; 1973 1st ex.s. c 157 § 5.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
[Title 26 RCW—page 8]
26.09.060
26.09.060 Temporary maintenance or child support—Temporary restraining order—Preliminary
injunction—Domestic violence or antiharassment protection order—Notice of termination or modification of
restraining order—Support debts, notice. (1) In a proceeding for:
(a) Dissolution of marriage, legal separation, or a declaration of invalidity; or
(b) Disposition of property or liabilities, maintenance, or
support following dissolution of the marriage by a court
which lacked personal jurisdiction over the absent spouse;
either party may move for temporary maintenance or for temporary support of children entitled to support. The motion
shall be accompanied by an affidavit setting forth the factual
basis for the motion and the amounts requested.
(2) As a part of a motion for temporary maintenance or
support or by independent motion accompanied by affidavit,
either party may request the court to issue a temporary
restraining order or preliminary injunction, providing relief
proper in the circumstances, and restraining or enjoining any
person from:
(a) Transferring, removing, encumbering, concealing, or
in any way disposing of any property except in the usual
course of business or for the necessities of life, and, if so
restrained or enjoined, requiring him or her to notify the moving party of any proposed extraordinary expenditures made
after the order is issued;
(b) Molesting or disturbing the peace of the other party
or of any child;
(c) Going onto the grounds of or entering the home,
workplace, or school of the other party or the day care or
school of any child upon a showing of the necessity therefor;
(d) Knowingly coming within, or knowingly remaining
within, a specified distance from a specified location; and
(e) Removing a child from the jurisdiction of the court.
(3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment
protection order under chapter 10.14 RCW on a temporary
basis. The court may grant any of the relief provided in RCW
26.50.060 except relief pertaining to residential provisions
for the children which provisions shall be provided for under
this chapter, and any of the relief provided in RCW
10.14.080. Ex parte orders issued under this subsection shall
be effective for a fixed period not to exceed fourteen days, or
upon court order, not to exceed twenty-four days if necessary
to ensure that all temporary motions in the case can be heard
at the same time.
(4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(5) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds on
the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the
time for responding has elapsed.
(6) The court may issue a temporary restraining order or
preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are
just and proper in the circumstances. The court may in its discretion waive the filing of the bond or the posting of security.
(7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or
(2004 Ed.)
Dissolution of Marriage—Legal Separation
from going onto the grounds of or entering the home, workplace, or school of the other party or the day care or school of
any child, or prohibiting the person from knowingly coming
within, or knowingly remaining within, a specified distance
of a location, shall prominently bear on the front page of the
order the legend: VIOLATION OF THIS ORDER WITH
ACTUAL NOTICE OF ITS TERMS IS A CRIMINAL
OFFENSE UNDER CHAPTER 26.50 RCW AND WILL
SUBJECT A VIOLATOR TO ARREST.
(8) The court shall order that any temporary restraining
order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection
order granted under this section be forwarded by the clerk of
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order. Upon receipt
of the order, the law enforcement agency shall enter the order
into any computer-based criminal intelligence information
system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computerbased criminal intelligence information system constitutes
notice to all law enforcement agencies of the existence of the
order. The order is fully enforceable in any county in the
state.
(9) If a restraining order issued pursuant to this section is
modified or terminated, the clerk of the court shall notify the
law enforcement agency specified in the order on or before
the next judicial day. Upon receipt of notice that an order has
been terminated, the law enforcement agency shall remove
the order from any computer-based criminal intelligence system.
(10) A temporary order, temporary restraining order, or
preliminary injunction:
(a) Does not prejudice the rights of a party or any child
which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final decree is entered, except as
provided under subsection (11) of this section, or when the
petition for dissolution, legal separation, or declaration of
invalidity is dismissed;
(d) May be entered in a proceeding for the modification
of an existing decree.
(11) Delinquent support payments accrued under an
order for temporary support remain collectible and are not
extinguished when a final decree is entered unless the decree
contains specific language to the contrary. A support debt
under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final
decree if:
(a) The obligor was given notice of the state's interest
under chapter 74.20A RCW; or
(b) The temporary order directs the obligor to make support payments to the office of support enforcement or the
Washington state support registry. [2000 c 119 § 7; 1995 c
246 § 26; 1994 sp.s. c 7 § 452; 1992 c 229 § 9; 1989 c 360 §
37; 1984 c 263 § 26; 1983 1st ex.s. c 41 § 1; 1983 c 232 § 10;
1975 c 32 § 3; 1973 1st ex.s. c 157 § 6.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
(2004 Ed.)
26.09.070
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability—1983 1st ex.s. c 41: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 41 § 46.]
Severability—1983 c 232: See note following RCW 9.41.010.
Arrest without warrant in domestic violence cases: RCW 10.31.100(2).
Child abuse, temporary restraining order: RCW 26.44.063.
Ex parte temporary order for protection: RCW 26.50.070.
Orders for protection in cases of domestic violence: RCW 26.50.030.
Orders prohibiting contact: RCW 10.99.040.
26.09.070
26.09.070 Separation contracts. (1) The parties to a
marriage, in order to promote the amicable settlement of disputes attendant upon their separation or upon the filing of a
petition for dissolution of their marriage, a decree of legal
separation, or declaration of invalidity of their marriage, may
enter into a written separation contract providing for the
maintenance of either of them, the disposition of any property
owned by both or either of them, the parenting plan and support for their children and for the release of each other from
all obligation except that expressed in the contract.
(2) If the parties to such contract elect to live separate
and apart without any court decree, they may record such
contract and cause notice thereof to be published in a legal
newspaper of the county wherein the parties resided prior to
their separation. Recording such contract and publishing
notice of the making thereof shall constitute notice to all persons of such separation and of the facts contained in the
recorded document.
(3) If either or both of the parties to a separation contract
shall at the time of the execution thereof, or at a subsequent
time, petition the court for dissolution of their marriage, for a
decree of legal separation, or for a declaration of invalidity of
their marriage, the contract, except for those terms providing
for a parenting plan for their children, shall be binding upon
the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence
produced by the parties on their own motion or on request of
the court, that the separation contract was unfair at the time of
its execution. Child support may be included in the separation
contract and shall be reviewed in the subsequent proceeding
for compliance with RCW 26.19.020.
(4) If the court in an action for dissolution of marriage,
legal separation, or declaration of invalidity finds that the
separation contract was unfair at the time of its execution, it
may make orders for the maintenance of either party, the disposition of their property and the discharge of their obligations.
(5) Unless the separation contract provides to the contrary, the agreement shall be set forth in the decree of dissolution, legal separation, or declaration of invalidity, or filed in
the action or made an exhibit and incorporated by reference,
except that in all cases the terms of the parenting plan shall be
set out in the decree, and the parties shall be ordered to comply with its terms.
(6) Terms of the contract set forth or incorporated by reference in the decree may be enforced by all remedies avail[Title 26 RCW—page 9]
26.09.080
Title 26 RCW: Domestic Relations
able for the enforcement of a judgment, including contempt,
and are enforceable as contract terms.
(7) When the separation contract so provides, the decree
may expressly preclude or limit modification of any provision for maintenance set forth in the decree. Terms of a separation contract pertaining to a parenting plan for the children
and, in the absence of express provision to the contrary, terms
providing for maintenance set forth or incorporated by reference in the decree are automatically modified by modification of the decree.
(8) If at any time the parties to the separation contract by
mutual agreement elect to terminate the separation contract
they may do so without formality unless the contract was
recorded as in subsection (2) of this section, in which case a
statement should be filed terminating the contract. [1989 c
375 § 4; 1987 c 460 § 6; 1973 1st ex.s. c 157 § 7.]
26.09.080
26.09.080 Disposition of property and liabilities—
Factors. In a proceeding for dissolution of the marriage,
legal separation, declaration of invalidity, or in a proceeding
for disposition of property following dissolution of the marriage by a court which lacked personal jurisdiction over the
absent spouse or lacked jurisdiction to dispose of the property, the court shall, without regard to marital misconduct,
make such disposition of the property and the liabilities of the
parties, either community or separate, as shall appear just and
equitable after considering all relevant factors including, but
not limited to:
(1) The nature and extent of the community property;
(2) The nature and extent of the separate property;
(3) The duration of the marriage; and
(4) The economic circumstances of each spouse at the
time the division of property is to become effective, including
the desirability of awarding the family home or the right to
live therein for reasonable periods to a spouse with whom the
children reside the majority of the time. [1989 c 375 § 5;
1973 1st ex.s. c 157 § 8.]
26.09.090
26.09.090 Maintenance orders for either spouse—
Factors. (1) In a proceeding for dissolution of marriage,
legal separation, declaration of invalidity, or in a proceeding
for maintenance following dissolution of the marriage by a
court which lacked personal jurisdiction over the absent
spouse, the court may grant a maintenance order for either
spouse. The maintenance order shall be in such amounts and
for such periods of time as the court deems just, without
regard to marital misconduct, after considering all relevant
factors including but not limited to:
(a) The financial resources of the party seeking maintenance, including separate or community property apportioned to him, and his ability to meet his needs independently,
including the extent to which a provision for support of a
child living with the party includes a sum for that party;
(b) The time necessary to acquire sufficient education or
training to enable the party seeking maintenance to find
employment appropriate to his skill, interests, style of life,
and other attendant circumstances;
(c) The standard of living established during the marriage;
(d) The duration of the marriage;
[Title 26 RCW—page 10]
(e) The age, physical and emotional condition, and financial obligations of the spouse seeking maintenance; and
(f) The ability of the spouse from whom maintenance is
sought to meet his needs and financial obligations while
meeting those of the spouse seeking maintenance. [1989 c
375 § 6; 1973 1st ex.s. c 157 § 9.]
26.09.100
26.09.100 Child support—Apportionment of
expense—Periodic adjustments or modifications. (1) In a
proceeding for dissolution of marriage, legal separation, declaration of invalidity, maintenance, or child support, after
considering all relevant factors but without regard to marital
misconduct, the court shall order either or both parents owing
a duty of support to any child of the marriage dependent upon
either or both spouses to pay an amount determined under
chapter 26.19 RCW.
(2) The court may require automatic periodic adjustments or modifications of child support. That portion of any
decree that requires periodic adjustments or modifications of
child support shall use the provisions in chapter 26.19 RCW
as the basis for the adjustment or modification. Provisions in
the decree for periodic adjustment or modification shall not
conflict with RCW 26.09.170 except that the decree may
require periodic adjustments or modifications of support
more frequently than the time periods established pursuant to
RCW 26.09.170.
(3) Upon motion of a party and without a substantial
change of circumstances, the court shall modify the decree to
comply with subsection (2) of this section as to installments
accruing subsequent to entry of the court's order on the
motion for modification.
(4) The adjustment or modification provision may be
modified by the court due to economic hardship consistent
with the provisions of *RCW 26.09.170(4)(a). [1991 sp.s. c
28 § 1; 1990 1st ex.s. c 2 § 1; 1989 c 375 § 7; 1988 c 275 § 9;
1987 c 430 § 3; 1973 1st ex.s. c 157 § 10.]
*Reviser's note: RCW 26.09.170 was amended by 2002 c 199 § 1,
changing subsection (4) to subsection (5).
Severability—1991 sp.s. c 28: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1991 sp.s. c 28 § 9.]
Effective date—1991 sp.s. c 28: "Sections 1 through 9 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect September 1, 1991." [1991 sp.s. c 28 § 10.]
Captions not law—1991 sp.s. c 28: "Captions as used in this act do not
constitute any part of the law." [1991 sp.s. c 28 § 11.]
Effective dates—1990 1st ex.s. c 2: "(1) Sections 5 and 22 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [March 26, 1990].
(2) The remainder of this act shall take effect July 1, 1990." [1990 1st
ex.s. c 2 § 30.]
Severability—1990 1st ex.s. c 2: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 1st ex.s. c 2 § 31.]
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
Severability—1987 c 430: See note following RCW 26.09.170.
(2004 Ed.)
Dissolution of Marriage—Legal Separation
26.09.105
26.09.105 Child support—Health insurance coverage—Conditions. (1) In entering or modifying a support
order under this chapter, the court shall require either or both
parents to maintain or provide health insurance coverage
except as provided in subsection (2) of this section, for any
child named in the order if:
(a) Coverage that can be extended to cover the child is or
becomes available to that parent through employment or is
union-related; and
(b) The cost of such coverage does not exceed twentyfive percent of the obligated parent's basic child support obligation.
(2) The court shall consider the best interests of the child
and have discretion to order health insurance coverage when
entering or modifying a support order under this chapter if the
cost of such coverage exceeds twenty-five percent of the obligated parent's basic support obligation.
(3) The parents shall maintain such coverage required
under this section until:
(a) Further order of the court;
(b) The child is emancipated, if there is no express language to the contrary in the order; or
(c) Health insurance is no longer available through the
parents' employer or union and no conversion privileges exist
to continue coverage following termination of employment.
(4) A parent who is required to extend health insurance
coverage to a child under this section is liable for any covered
health care costs for which the parent receives direct payment
from an insurer.
(5) This section shall not be construed to limit the
authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses,
health care costs, or insurance premiums which are in addition to and not inconsistent with this section.
(6) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such
coverage is unavailable within twenty days of the entry of the
order to:
(a) The physical custodian; or
(b) The department of social and health services if the
parent has been notified or ordered to make support payments
to the Washington state support registry.
(7) Every order requiring a parent to provide health care
or insurance coverage shall be entered in compliance with
*RCW 26.23.050 and be subject to direct enforcement as
provided under chapter 26.18 RCW.
(8) "Health insurance coverage" as used in this section
does not include medical assistance provided under chapter
74.09 RCW. [1994 c 230 § 1; 1989 c 416 § 1; 1985 c 108 §
1; 1984 c 201 § 1.]
*Reviser's note: The reference to RCW 26.23.050 appears to refer to
the amendments made by 1989 c 416 § 8, which was vetoed by the governor.
26.09.110
26.09.110 Minor or dependent child—Court
appointed attorney to represent—Payment of costs, fees,
and disbursements. The court may appoint an attorney to
represent the interests of a minor or dependent child with
respect to provision for the parenting plan in an action for dissolution of marriage, legal separation, or declaration concerning the validity of a marriage. The court shall enter an order
for costs, fees, and disbursements in favor of the child's attor(2004 Ed.)
26.09.138
ney. The order shall be made against either or both parents,
except that, if both parties are indigent, the costs, fees, and
disbursements shall be borne by the county. [1987 c 460 §
11; 1973 1st ex.s. c 157 § 11.]
Process—Domestic relations actions: Rules of court: CR 4.1.
26.09.120
26.09.120 Support or maintenance payments—To
whom paid. (1) The court shall order support payments,
including spousal maintenance if child support is ordered, to
be made to the Washington state support registry, or the person entitled to receive the payments under an order approved
by the court as provided in RCW 26.23.050.
(2) Maintenance payments, when ordered in an action
where there is no dependent child, may be ordered to be paid
to the person entitled to receive the payments, or the clerk of
the court as trustee for remittance to the persons entitled to
receive the payments.
(3) If support or maintenance payments are made to the
clerk of court, the clerk:
(a) Shall maintain records listing the amount of payments, the date when payments are required to be made, and
the names and addresses of the parties affected by the order;
(b) May by local court rule accept only certified funds or
cash as payment; and
(c) Shall accept only certified funds or cash for five years
in all cases after one check has been returned for nonsufficient funds or account closure.
(4) The parties affected by the order shall inform the registry through which the payments are ordered to be paid of
any change of address or of other conditions that may affect
the administration of the order. [1994 c 230 § 2; 1989 c 360
§ 11. Prior: 1987 c 435 § 15; 1987 c 363 § 5; 1983 1st ex.s. c
45 § 3; 1973 1st ex.s. c 157 § 12.]
Effective date—1987 c 435: See RCW 26.23.900.
26.09.135
26.09.135 Order or decree for child support—Compliance with RCW 26.23.050. Every court order or decree
establishing a child support obligation shall be entered in
compliance with the provisions of RCW 26.23.050. [1987 c
435 § 16; 1986 c 138 § 1; 1984 c 260 § 21.]
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1984 c 260: See RCW 26.18.900.
26.09.138
26.09.138 Mandatory assignment of public retirement benefits—Remedies exclusive. (1) Any obligee of a
court order or decree establishing a spousal maintenance
obligation may seek a mandatory benefits assignment order
under chapter 41.50 RCW if any spousal maintenance payment is more than fifteen days past due and the total of such
past due payments is equal to or greater than one hundred
dollars, or if the obligor requests a withdrawal of accumulated contributions from the department of retirement systems.
(2) Any court order or decree establishing a spousal
maintenance obligation may state that, if any spousal maintenance payment is more than fifteen days past due and the
total of such past due payments is equal to or greater than one
hundred dollars, or if the obligor requests a withdrawal of
accumulated contributions from the department of retirement
systems, the obligee may seek a mandatory benefits assign[Title 26 RCW—page 11]
26.09.140
Title 26 RCW: Domestic Relations
ment order under chapter 41.50 RCW without prior notice to
the obligor. Any such court order or decree may also, or in the
alternative, contain a provision that would allow the department to make a direct payment of all or part of a withdrawal
of accumulated contributions pursuant to RCW 41.50.550(3).
Failure to include this provision does not affect the validity of
the court order or decree establishing the spousal maintenance, nor does such failure affect the general applicability of
RCW 41.50.500 through 41.50.650 to such obligations.
(3) The remedies in RCW 41.50.530 through 41.50.630
are the exclusive provisions of law enforceable against the
department of retirement systems in connection with any
action for enforcement of a spousal maintenance obligation
ordered pursuant to a divorce, dissolution, or legal separation,
and no other remedy ordered by a court under this chapter
shall be enforceable against the department of retirement systems for collection of spousal maintenance.
(4)(a) Nothing in this section regarding mandatory
assignment of benefits to enforce a spousal maintenance obligation shall abridge the right of an ex spouse to receive direct
payment of retirement benefits payable pursuant to: (i) A
court decree of dissolution or legal separation; or (ii) any
court order or court-approved property settlement agreement;
or (iii) incident to any court decree of dissolution or legal separation, if such dissolution orders fully comply with RCW
41.50.670 and 41.50.700, or as applicable, RCW 2.10.180,
2.12.090, *41.04.310, 41.04.320, 41.04.330, **41.26.180,
41.32.052, 41.40.052, or 43.43.310 as those statutes existed
before July 1, 1987, and as those statutes exist on and after
July 28, 1991.
(b) Persons whose dissolution orders as defined in RCW
41.50.500(3) were entered between July 1, 1987, and July 28,
1991, shall be entitled to receive direct payments of retirement benefits to satisfy court-ordered property divisions if
the dissolution orders filed with the department comply or are
amended to comply with RCW 41.50.670 through 41.50.720
and, as applicable, RCW 2.10.180, 2.12.090, **41.26.180,
41.32.052, 41.40.052, or 43.43.310. [1991 c 365 § 24; 1987
c 326 § 26.]
Reviser's note: *(1) RCW 41.04.310, 41.04.320, and 41.04.330 were
repealed by 1987 c 326 § 21, effective July 1, 1987.
**(2) RCW 41.26.180 was recodified as RCW 41.26.053 pursuant to
1994 c 298 § 5.
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 326: See RCW 41.50.901.
26.09.140
26.09.140 Payment of costs, attorney's fees, etc. The
court from time to time after considering the financial
resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or
defending any proceeding under this chapter and for reasonable attorney's fees or other professional fees in connection
therewith, including sums for legal services rendered and
costs incurred prior to the commencement of the proceeding
or enforcement or modification proceedings after entry of
judgment.
Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of
maintaining the appeal and attorney's fees in addition to statutory costs.
[Title 26 RCW—page 12]
The court may order that the attorney's fees be paid
directly to the attorney who may enforce the order in his
name. [1973 1st ex.s. c 157 § 14.]
26.09.150
26.09.150 Decree of dissolution of marriage, legal
separation, or declaration of invalidity—Finality—
Appeal—Conversion of decree of legal separation to
decree of dissolution—Name of party. A decree of dissolution of marriage, legal separation, or declaration of invalidity
is final when entered, subject to the right of appeal. An appeal
which does not challenge the finding that the marriage is irretrievably broken or was invalid, does not delay the finality of
the dissolution or declaration of invalidity and either party
may remarry pending such an appeal.
No earlier than six months after entry of a decree of legal
separation, on motion of either party, the court shall convert
the decree of legal separation to a decree of dissolution of
marriage. The clerk of court shall complete the certificate as
provided for in *RCW 70.58.200 on the form provided by the
department of health. On or before the tenth day of each
month, the clerk of the court shall forward to the state registrar of vital statistics the certificate of each decree of divorce,
dissolution of marriage, annulment, or separate maintenance
granted during the preceding month.
Upon request of a party whose marriage is dissolved or
declared invalid, the court shall order a former name restored
or the court may, in its discretion, order a change to another
name. [1989 1st ex.s. c 9 § 205; 1989 c 375 § 30; 1973 1st
ex.s. c 157 § 15.]
Reviser's note: (1) This section was amended by 1989 c 375 § 30 and
by 1989 1st ex.s. c 9 § 205, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
*(2) RCW 70.58.200 was repealed by 1991 c 96 § 6.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910
and 43.70.920.
Effect of entry of a decree of dissolution of marriage or a declaration of
invalidity on nonprobate assets: RCW 11.07.010.
26.09.160
26.09.160 Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not suspended—Penalties. (1) The performance of parental functions and the duty to provide child support are distinct
responsibilities in the care of a child. If a party fails to comply
with a provision of a decree or temporary order of injunction,
the obligation of the other party to make payments for support or maintenance or to permit contact with children is not
suspended. An attempt by a parent, in either the negotiation
or the performance of a parenting plan, to condition one
aspect of the parenting plan upon another, to condition payment of child support upon an aspect of the parenting plan, to
refuse to pay ordered child support, to refuse to perform the
duties provided in the parenting plan, or to hinder the performance by the other parent of duties provided in the parenting
plan, shall be deemed bad faith and shall be punished by the
court by holding the party in contempt of court and by awarding to the aggrieved party reasonable attorneys' fees and costs
incidental in bringing a motion for contempt of court.
(2)(a) A motion may be filed to initiate a contempt action
to coerce a parent to comply with an order establishing resi(2004 Ed.)
Dissolution of Marriage—Legal Separation
dential provisions for a child. If the court finds there is reasonable cause to believe the parent has not complied with the
order, the court may issue an order to show cause why the
relief requested should not be granted.
(b) If, based on all the facts and circumstances, the court
finds after hearing that the parent, in bad faith, has not complied with the order establishing residential provisions for the
child, the court shall find the parent in contempt of court.
Upon a finding of contempt, the court shall order:
(i) The noncomplying parent to provide the moving party
additional time with the child. The additional time shall be
equal to the time missed with the child, due to the parent's
noncompliance;
(ii) The parent to pay, to the moving party, all court costs
and reasonable attorneys' fees incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and
(iii) The parent to pay, to the moving party, a civil penalty, not less than the sum of one hundred dollars.
The court may also order the parent to be imprisoned in
the county jail, if the parent is presently able to comply with
the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned
until he or she agrees to comply with the order, but in no
event for more than one hundred eighty days.
(3) On a second failure within three years to comply with
a residential provision of a court-ordered parenting plan, a
motion may be filed to initiate contempt of court proceedings
according to the procedure set forth in subsection (2)(a) and
(b) of this section. On a finding of contempt under this subsection, the court shall order:
(a) The noncomplying parent to provide the other parent
or party additional time with the child. The additional time
shall be twice the amount of the time missed with the child,
due to the parent's noncompliance;
(b) The noncomplying parent to pay, to the other parent
or party, all court costs and reasonable attorneys' fees
incurred as a result of the noncompliance, and any reasonable
expenses incurred in locating or returning a child; and
(c) The noncomplying parent to pay, to the moving
party, a civil penalty of not less than two hundred fifty dollars.
The court may also order the parent to be imprisoned in
the county jail, if the parent is presently able to comply with
the provisions of the court-ordered parenting plan and is presently unwilling to comply. The parent may be imprisoned
until he or she agrees to comply with the order but in no event
for more than one hundred eighty days.
(4) For purposes of subsections (1), (2), and (3) of this
section, the parent shall be deemed to have the present ability
to comply with the order establishing residential provisions
unless he or she establishes otherwise by a preponderance of
the evidence. The parent shall establish a reasonable excuse
for failure to comply with the residential provision of a courtordered parenting plan by a preponderance of the evidence.
(5) Any monetary award ordered under subsections (1),
(2), and (3) of this section may be enforced, by the party to
whom it is awarded, in the same manner as a civil judgment.
(6) Subsections (1), (2), and (3) of this section authorize
the exercise of the court's power to impose remedial sanc(2004 Ed.)
26.09.170
tions for contempt of court and is in addition to any other contempt power the court may possess.
(7) Upon motion for contempt of court under subsections
(1) through (3) of this section, if the court finds the motion
was brought without reasonable basis, the court shall order
the moving party to pay to the nonmoving party, all costs,
reasonable attorneys' fees, and a civil penalty of not less than
one hundred dollars. [1991 c 367 § 4; 1989 c 318 § 1; 1987 c
460 § 12; 1973 1st ex.s. c 157 § 16.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Severability—1989 c 318: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1989 c 318 § 6.]
26.09.165
26.09.165 Court orders—Required language. All
court orders containing parenting plan provisions or orders of
contempt, entered pursuant to RCW 26.09.160, shall include
the following language:
WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS OF THIS ORDER WITH
ACTUAL KNOWLEDGE OF ITS TERMS IS
PUNISHABLE BY CONTEMPT OF COURT,
AND MAY BE A CRIMINAL OFFENSE UNDER
RCW 9A.40.060(2) or 9A.40.070(2). VIOLATION
OF THIS ORDER MAY SUBJECT A VIOLATOR
TO ARREST.
[1994 c 162 § 2; 1989 c 318 § 4.]
Severability—1989 c 318: See note following RCW 26.09.160.
26.09.170
26.09.170 Modification of decree for maintenance or
support, property disposition—Termination of maintenance obligation and child support—Grounds. (1) Except
as otherwise provided in subsection (7) of RCW 26.09.070,
the provisions of any decree respecting maintenance or support may be modified: (a) Only as to installments accruing
subsequent to the petition for modification or motion for
adjustment except motions to compel court-ordered adjustments, which shall be effective as of the first date specified in
the decree for implementing the adjustment; and, (b) except
as otherwise provided in subsections (5), (6), (9), and (10) of
this section, only upon a showing of a substantial change of
circumstances. The provisions as to property disposition may
not be revoked or modified, unless the court finds the existence of conditions that justify the reopening of a judgment
under the laws of this state.
(2) Unless otherwise agreed in writing or expressly provided in the decree the obligation to pay future maintenance
is terminated upon the death of either party or the remarriage
of the party receiving maintenance.
(3) Unless otherwise agreed in writing or expressly provided in the decree, provisions for the support of a child are
terminated by emancipation of the child or by the death of the
parent obligated to support the child.
(4) Unless expressly provided by an order of the superior
court or a court of comparable jurisdiction, the support provisions of the order are terminated upon the marriage to each
other of parties to a paternity order, or upon remarriage to
each other of parties to a decree of dissolution. The remaining
[Title 26 RCW—page 13]
26.09.173
Title 26 RCW: Domestic Relations
provisions of the order, including provisions establishing
paternity, remain in effect.
(5) An order of child support may be modified one year
or more after it has been entered without showing a substantial change of circumstances:
(a) If the order in practice works a severe economic hardship on either party or the child;
(b) If a party requests an adjustment in an order for child
support which was based on guidelines which determined the
amount of support according to the child's age, and the child
is no longer in the age category on which the current support
amount was based;
(c) If a child is still in high school, upon a finding that
there is a need to extend support beyond the eighteenth birthday to complete high school; or
(d) To add an automatic adjustment of support provision
consistent with RCW 26.09.100.
(6) An order or decree entered prior to June 7, 1984, may
be modified without showing a substantial change of circumstances if the requested modification is to:
(a) Require health insurance coverage for a child named
therein; or
(b) Modify an existing order for health insurance coverage.
(7) An obligor's voluntary unemployment or voluntary
underemployment, by itself, is not a substantial change of circumstances.
(8) The department of social and health services may file
an action to modify an order of child support if public assistance money is being paid to or for the benefit of the child and
the child support order is twenty-five percent or more below
the appropriate child support amount set forth in the standard
calculation as defined in RCW 26.19.011 and reasons for the
deviation are not set forth in the findings of fact or order. The
determination of twenty-five percent or more shall be based
on the current income of the parties and the department shall
not be required to show a substantial change of circumstances
if the reasons for the deviations were not set forth in the findings of fact or order.
(9)(a) All child support decrees may be adjusted once
every twenty-four months based upon changes in the income
of the parents without a showing of substantially changed circumstances. Either party may initiate the adjustment by filing
a motion and child support worksheets.
(b) A party may petition for modification in cases of substantially changed circumstances under subsection (1) of this
section at any time. However, if relief is granted under subsection (1) of this section, twenty-four months must pass
before a motion for an adjustment under (a) of this subsection
may be filed.
(c) If, pursuant to (a) of this subsection or subsection
(10) of this section, the court adjusts or modifies a child support obligation by more than thirty percent and the change
would cause significant hardship, the court may implement
the change in two equal increments, one at the time of the
entry of the order and the second six months from the entry of
the order. Twenty-four months must pass following the second change before a motion for an adjustment under (a) of
this subsection may be filed.
(d) A parent who is receiving transfer payments who
receives a wage or salary increase may not bring a modifica[Title 26 RCW—page 14]
tion action pursuant to subsection (1) of this section alleging
that increase constitutes a substantial change of circumstances.
(e) The department of social and health services may file
an action at any time to modify an order of child support in
cases of substantially changed circumstances if public assistance money is being paid to or for the benefit of the child.
The determination of the existence of substantially changed
circumstances by the department that lead to the filing of an
action to modify the order of child support is not binding
upon the court.
(10) An order of child support may be adjusted twentyfour months from the date of the entry of the decree or the last
adjustment or modification, whichever is later, based upon
changes in the economic table or standards in chapter 26.19
RCW. [2002 c 199 § 1; 1997 c 58 § 910; 1992 c 229 § 2;
1991 sp.s. c 28 § 2; 1990 1st ex.s. c 2 § 2; 1989 c 416 § 3;
1988 c 275 § 17; 1987 c 430 § 1; 1973 1st ex.s. c 157 § 17.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
Severability—1987 c 430: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 430 § 4.]
26.09.173
26.09.173 Modification of child support order—
Child support order summary report. The party seeking
the establishment or modification of a child support order
shall file with the clerk of the court the child support order
summary report. The summary report shall be on the form
developed by the administrator for the courts pursuant to
RCW 26.18.210. The party must complete the form and file
the form with the court order. The clerk of the court must forward the form to the administrator for the courts on at least a
monthly basis. [1990 1st ex.s. c 2 § 23.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.09.175
26.09.175 Modification of order of child support. (1)
A proceeding for the modification of an order of child support shall commence with the filing of a petition and worksheets. The petition shall be in the form prescribed by the
administrator for the courts. There shall be a fee of twenty
dollars for the filing of a petition for modification of dissolution.
(2) The petitioner shall serve upon the other party the
summons, a copy of the petition, and the worksheets in the
form prescribed by the administrator for the courts. If the
modification proceeding is the first action filed in this state,
service shall be made by personal service. If the decree to be
modified was entered in this state, service shall be by personal service or by any form of mail requiring a return
receipt. If the support obligation has been assigned to the
state pursuant to RCW 74.20.330 or the state has a subro(2004 Ed.)
Dissolution of Marriage—Legal Separation
gated interest under RCW 74.20A.030, the summons, petition, and worksheets shall also be served on the attorney general; except that notice shall be given to the office of the prosecuting attorney for the county in which the action is filed in
lieu of the office of the attorney general in those counties and
in the types of cases as designated by the office of the attorney general by letter sent to the presiding superior court judge
of that county. Proof of service shall be filed with the court.
(3) The responding party's answer and worksheets shall
be served and the answer filed within twenty days after service of the petition or sixty days if served out of state. The
responding party's failure to file an answer within the time
required shall result in entry of a default judgment for the
petitioner.
(4) At any time after responsive pleadings are filed,
either party may schedule the matter for hearing.
(5) Unless both parties stipulate to arbitration or the presiding judge authorizes oral testimony pursuant to subsection
(6) of this section, a petition for modification of an order of
child support shall be heard by the court on affidavits, the
petition, answer, and worksheets only.
(6) A party seeking authority to present oral testimony
on the petition to modify a support order shall file an appropriate motion not later than ten days after the time of notice of
hearing. Affidavits and exhibits setting forth the reasons oral
testimony is necessary to a just adjudication of the issues
shall accompany the petition. The affidavits and exhibits
must demonstrate the extraordinary features of the case. Factors which may be considered include, but are not limited to:
(a) Substantial questions of credibility on a major issue; (b)
insufficient or inconsistent discovery materials not correctable by further discovery; or (c) particularly complex circumstances requiring expert testimony. [2002 c 199 § 2; 1992 c
229 § 3; 1991 c 367 § 6; 1990 1st ex.s. c 2 § 3; 1987 c 430 §
2.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
Severability—1987 c 430: See note following RCW 26.09.170.
26.09.181
26.09.181 Procedure for determining permanent
parenting plan. (1) SUBMISSION OF PROPOSED
PLANS. (a) In any proceeding under this chapter, except a
modification, each party shall file and serve a proposed permanent parenting plan on or before the earliest date of:
(i) Thirty days after filing and service by either party of
a notice for trial; or
(ii) One hundred eighty days after commencement of the
action which one hundred eighty day period may be extended
by stipulation of the parties.
(b) In proceedings for a modification of custody or a
parenting plan, a proposed parenting plan shall be filed and
served with the motion for modification and with the
response to the motion for modification.
(c) No proposed permanent parenting plan shall be
required after filing of an agreed permanent parenting plan,
after entry of a final decree, or after dismissal of the cause of
action.
(d) A party who files a proposed parenting plan in compliance with this section may move the court for an order of
(2004 Ed.)
26.09.184
default adopting that party's parenting plan if the other party
has failed to file a proposed parenting plan as required in this
section.
(2) AMENDING PROPOSED PARENTING PLANS.
Either party may file and serve an amended proposed permanent parenting plan according to the rules for amending
pleadings.
(3) GOOD FAITH PROPOSAL. The parent submitting a
proposed parenting plan shall attach a verified statement that
the plan is proposed by that parent in good faith.
(4) AGREED PERMANENT PARENTING PLANS.
The parents may make an agreed permanent parenting plan.
(5) MANDATORY SETTLEMENT CONFERENCE.
Where mandatory settlement conferences are provided under
court rule, the parents shall attend a mandatory settlement
conference. The mandatory settlement conference shall be
presided over by a judge or a court commissioner, who shall
apply the criteria in RCW 26.09.187 and 26.09.191. The parents shall in good faith review the proposed terms of the
parenting plans and any other issues relevant to the cause of
action with the presiding judge or court commissioner. Facts
and legal issues that are not then in dispute shall be entered as
stipulations for purposes of final hearing or trial in the matter.
(6) TRIAL SETTING. Trial dates for actions involving
minor children brought under this chapter shall receive priority.
(7) ENTRY OF FINAL ORDER. The final order or
decree shall be entered not sooner than ninety days after filing and service.
This subsection does not apply to decrees of legal separation. [1989 2nd ex.s. c 2 § 1; 1989 c 375 § 8; 1987 c 460 §
7.]
26.09.184 Permanent parenting plan. (1) OBJECTIVES. The objectives of the permanent parenting plan are
to:
(a) Provide for the child's physical care;
(b) Maintain the child's emotional stability;
(c) Provide for the child's changing needs as the child
grows and matures, in a way that minimizes the need for
future modifications to the permanent parenting plan;
(d) Set forth the authority and responsibilities of each
parent with respect to the child, consistent with the criteria in
RCW 26.09.187 and 26.09.191;
(e) Minimize the child's exposure to harmful parental
conflict;
(f) Encourage the parents, where appropriate under
RCW 26.09.187 and 26.09.191, to meet their responsibilities
to their minor children through agreements in the permanent
parenting plan, rather than by relying on judicial intervention;
and
(g) To otherwise protect the best interests of the child
consistent with RCW 26.09.002.
(2) CONTENTS OF THE PERMANENT PARENTING
PLAN. The permanent parenting plan shall contain provisions for resolution of future disputes between the parents,
allocation of decision-making authority, and residential provisions for the child.
(3) DISPUTE RESOLUTION. A process for resolving
disputes, other than court action, shall be provided unless
precluded or limited by RCW 26.09.187 or 26.09.191. A dis26.09.184
[Title 26 RCW—page 15]
26.09.187
Title 26 RCW: Domestic Relations
pute resolution process may include counseling, mediation,
or arbitration by a specified individual or agency, or court
action. In the dispute resolution process:
(a) Preference shall be given to carrying out the parenting plan;
(b) The parents shall use the designated process to
resolve disputes relating to implementation of the plan,
except those related to financial support, unless an emergency exists;
(c) A written record shall be prepared of any agreement
reached in counseling or mediation and of each arbitration
award and shall be provided to each party;
(d) If the court finds that a parent has used or frustrated
the dispute resolution process without good reason, the court
shall award attorneys' fees and financial sanctions to the prevailing parent;
(e) The parties have the right of review from the dispute
resolution process to the superior court; and
(f) The provisions of (a) through (e) of this subsection
shall be set forth in the decree.
(4)
ALLOCATION
OF
DECISION-MAKING
AUTHORITY.
(a) The plan shall allocate decision-making authority to
one or both parties regarding the children's education, health
care, and religious upbringing. The parties may incorporate
an agreement related to the care and growth of the child in
these specified areas, or in other areas, into their plan, consistent with the criteria in RCW 26.09.187 and 26.09.191.
Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.
(b) Each parent may make decisions regarding the dayto-day care and control of the child while the child is residing
with that parent.
(c) When mutual decision making is designated but cannot be achieved, the parties shall make a good-faith effort to
resolve the issue through the dispute resolution process.
(5) RESIDENTIAL PROVISIONS FOR THE CHILD.
The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on
given days of the year, including provision for holidays,
birthdays of family members, vacations, and other special
occasions, consistent with the criteria in RCW 26.09.187 and
26.09.191.
(6) PARENTS' OBLIGATION UNAFFECTED. If a
parent fails to comply with a provision of a parenting plan or
a child support order, the other parent's obligations under the
parenting plan or the child support order are not affected.
Failure to comply with a provision in a parenting plan or a
child support order may result in a finding of contempt of
court, under RCW 26.09.160.
(7) PROVISIONS TO BE SET FORTH IN PERMANENT PARENTING PLAN. The permanent parenting plan
shall set forth the provisions of subsections (3)(a) through (c),
(4)(b) and (c), and (6) of this section. [1991 c 367 § 7; 1989
c 375 § 9; 1987 c 460 § 8.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Custody, designation of for purposes of other statutes: RCW 26.09.285.
Failure to comply with decree or temporary injunction—Obligations not
suspended: RCW 26.09.160.
[Title 26 RCW—page 16]
26.09.187
26.09.187 Criteria for establishing permanent
parenting plan. (1) DISPUTE RESOLUTION PROCESS.
The court shall not order a dispute resolution process, except
court action, when it finds that any limiting factor under
RCW 26.09.191 applies, or when it finds that either parent is
unable to afford the cost of the proposed dispute resolution
process. If a dispute resolution process is not precluded or
limited, then in designating such a process the court shall
consider all relevant factors, including:
(a) Differences between the parents that would substantially inhibit their effective participation in any designated
process;
(b) The parents' wishes or agreements and, if the parents
have entered into agreements, whether the agreements were
made knowingly and voluntarily; and
(c) Differences in the parents' financial circumstances
that may affect their ability to participate fully in a given dispute resolution process.
(2)
ALLOCATION
OF
DECISION-MAKING
AUTHORITY.
(a) AGREEMENTS BETWEEN THE PARTIES. The
court shall approve agreements of the parties allocating decision-making authority, or specifying rules in the areas listed
in RCW 26.09.184(4)(a), when it finds that:
(i) The agreement is consistent with any limitations on a
parent's decision-making authority mandated by RCW
26.09.191; and
(ii) The agreement is knowing and voluntary.
(b) SOLE DECISION-MAKING AUTHORITY. The
court shall order sole decision-making to one parent when it
finds that:
(i) A limitation on the other parent's decision-making
authority is mandated by RCW 26.09.191;
(ii) Both parents are opposed to mutual decision making;
(iii) One parent is opposed to mutual decision making,
and such opposition is reasonable based on the criteria in (c)
of this subsection;
(c) MUTUAL DECISION-MAKING AUTHORITY.
Except as provided in (a) and (b) of this subsection, the court
shall consider the following criteria in allocating decisionmaking authority:
(i) The existence of a limitation under RCW 26.09.191;
(ii) The history of participation of each parent in decision
making in each of the areas in RCW 26.09.184(4)(a);
(iii) Whether the parents have a demonstrated ability and
desire to cooperate with one another in decision making in
each of the areas in RCW 26.09.184(4)(a); and
(iv) The parents' geographic proximity to one another, to
the extent that it affects their ability to make timely mutual
decisions.
(3) RESIDENTIAL PROVISIONS.
(a) The court shall make residential provisions for each
child which encourage each parent to maintain a loving, stable, and nurturing relationship with the child, consistent with
the child's developmental level and the family's social and
economic circumstances. The child's residential schedule
shall be consistent with RCW 26.09.191. Where the limitations of RCW 26.09.191 are not dispositive of the child's residential schedule, the court shall consider the following factors:
(2004 Ed.)
Dissolution of Marriage—Legal Separation
(i) The relative strength, nature, and stability of the
child's relationship with each parent, including whether a parent has taken greater responsibility for performing parenting
functions relating to the daily needs of the child;
(ii) The agreements of the parties, provided they were
entered into knowingly and voluntarily;
(iii) Each parent's past and potential for future performance of parenting functions;
(iv) The emotional needs and developmental level of the
child;
(v) The child's relationship with siblings and with other
significant adults, as well as the child's involvement with his
or her physical surroundings, school, or other significant
activities;
(vi) The wishes of the parents and the wishes of a child
who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and
(vii) Each parent's employment schedule, and shall make
accommodations consistent with those schedules.
Factor (i) shall be given the greatest weight.
(b) The court may order that a child frequently alternate
his or her residence between the households of the parents for
brief and substantially equal intervals of time only if the court
finds the following:
(i) No limitation exists under RCW 26.09.191;
(ii)(A) The parties have agreed to such provisions and
the agreement was knowingly and voluntarily entered into; or
(B) The parties have a satisfactory history of cooperation
and shared performance of parenting functions; the parties
are available to each other, especially in geographic proximity, to the extent necessary to ensure their ability to share performance of the parenting functions; and
(iii) The provisions are in the best interests of the child.
[1989 c 375 § 10; 1987 c 460 § 9.]
Custody, designation of for purposes of other statutes: RCW 26.09.285.
26.09.191
26.09.191 Restrictions in temporary or permanent
parenting plans. (1) The permanent parenting plan shall not
require mutual decision-making or designation of a dispute
resolution process other than court action if it is found that a
parent has engaged in any of the following conduct: (a) Willful abandonment that continues for an extended period of
time or substantial refusal to perform parenting functions; (b)
physical, sexual, or a pattern of emotional abuse of a child; or
(c) a history of acts of domestic violence as defined in RCW
26.50.010(1) or an assault or sexual assault which causes
grievous bodily harm or the fear of such harm.
(2)(a) The parent's residential time with the child shall be
limited if it is found that the parent has engaged in any of the
following conduct: (i) Willful abandonment that continues
for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of
emotional abuse of a child; (iii) a history of acts of domestic
violence as defined in RCW 26.50.010(1) or an assault or
sexual assault which causes grievous bodily harm or the fear
of such harm; or (iv) the parent has been convicted as an adult
of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(2004 Ed.)
26.09.191
(B) RCW 9A.44.079 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the offenses
listed in (a)(iv)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes
an offense analogous to the offenses listed in (a)(iv)(A)
through (H) of this subsection.
This subsection (2)(a) shall not apply when (c) or (d) of
this subsection applies.
(b) The parent's residential time with the child shall be
limited if it is found that the parent resides with a person who
has engaged in any of the following conduct: (i) Physical,
sexual, or a pattern of emotional abuse of a child; (ii) a history of acts of domestic violence as defined in RCW
26.50.010(1) or an assault or sexual assault that causes grievous bodily harm or the fear of such harm; or (iii) the person
has been convicted as an adult or as a juvenile has been adjudicated of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(B) RCW 9A.44.079 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the offenses
listed in (b)(iii)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes
an offense analogous to the offenses listed in (b)(iii)(A)
through (H) of this subsection.
This subsection (2)(b) shall not apply when (c) or (e) of
this subsection applies.
(c) If a parent has been found to be a sexual predator
under chapter 71.09 RCW or under an analogous statute of
any other jurisdiction, the court shall restrain the parent from
contact with a child that would otherwise be allowed under
this chapter. If a parent resides with an adult or a juvenile
who has been found to be a sexual predator under chapter
71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with
[Title 26 RCW—page 17]
26.09.191
Title 26 RCW: Domestic Relations
the parent's child except contact that occurs outside that person's presence.
(d) There is a rebuttable presumption that a parent who
has been convicted as an adult of a sex offense listed in (d)(i)
through (ix) of this subsection poses a present danger to a
child. Unless the parent rebuts this presumption, the court
shall restrain the parent from contact with a child that would
otherwise be allowed under this chapter:
(i) RCW 9A.64.020 (1) or (2), provided that the person
convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted
was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted
was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted
was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the
offenses listed in (d)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that
describes an offense analogous to the offenses listed in (d)(i)
through (vii) of this subsection.
(e) There is a rebuttable presumption that a parent who
resides with a person who, as an adult, has been convicted, or
as a juvenile has been adjudicated, of the sex offenses listed
in (e)(i) through (ix) of this subsection places a child at risk of
abuse or harm when that parent exercises residential time in
the presence of the convicted or adjudicated person. Unless
the parent rebuts the presumption, the court shall restrain the
parent from contact with the parent's child except for contact
that occurs outside of the convicted or adjudicated person's
presence:
(i) RCW 9A.64.020 (1) or (2), provided that the person
convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted
was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted
was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted
was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the
offenses listed in (e)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that
describes an offense analogous to the offenses listed in (e)(i)
through (vii) of this subsection.
(f) The presumption established in (d) of this subsection
may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense committed by the parent requesting residential time, (A) contact
between the child and the offending parent is appropriate and
poses minimal risk to the child, and (B) the offending parent
has successfully engaged in treatment for sex offenders or is
engaged in and making progress in such treatment, if any was
ordered by a court, and the treatment provider believes such
contact is appropriate and poses minimal risk to the child; or
[Title 26 RCW—page 18]
(ii) If the child was the victim of the sex offense committed by the parent requesting residential time, (A) contact
between the child and the offending parent is appropriate and
poses minimal risk to the child, (B) if the child is in or has
been in therapy for victims of sexual abuse, the child's counselor believes such contact between the child and the offending parent is in the child's best interest, and (C) the offending
parent has successfully engaged in treatment for sex offenders or is engaged in and making progress in such treatment, if
any was ordered by a court, and the treatment provider
believes such contact is appropriate and poses minimal risk to
the child.
(g) The presumption established in (e) of this subsection
may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense committed by the person who is residing with the parent requesting residential time, (A) contact between the child and the
parent residing with the convicted or adjudicated person is
appropriate and that parent is able to protect the child in the
presence of the convicted or adjudicated person, and (B) the
convicted or adjudicated person has successfully engaged in
treatment for sex offenders or is engaged in and making
progress in such treatment, if any was ordered by a court, and
the treatment provider believes such contact is appropriate
and poses minimal risk to the child; or
(ii) If the child was the victim of the sex offense committed by the person who is residing with the parent requesting
residential time, (A) contact between the child and the parent
in the presence of the convicted or adjudicated person is
appropriate and poses minimal risk to the child, (B) if the
child is in or has been in therapy for victims of sexual abuse,
the child's counselor believes such contact between the child
and the parent residing with the convicted or adjudicated person in the presence of the convicted or adjudicated person is
in the child's best interest, and (C) the convicted or adjudicated person has successfully engaged in treatment for sex
offenders or is engaged in and making progress in such treatment, if any was ordered by a court, and the treatment provider believes contact between the parent and child in the
presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child.
(h) If the court finds that the parent has met the burden of
rebutting the presumption under (f) of this subsection, the
court may allow a parent who has been convicted as an adult
of a sex offense listed in (d)(i) through (ix) of this subsection
to have residential time with the child supervised by a neutral
and independent adult and pursuant to an adequate plan for
supervision of such residential time. The court shall not
approve of a supervisor for contact between the child and the
parent unless the court finds, based on the evidence, that the
supervisor is willing and capable of protecting the child from
harm. The court shall revoke court approval of the supervisor
upon finding, based on the evidence, that the supervisor has
failed to protect the child or is no longer willing or capable of
protecting the child.
(i) If the court finds that the parent has met the burden of
rebutting the presumption under (g) of this subsection, the
court may allow a parent residing with a person who has been
adjudicated as a juvenile of a sex offense listed in (e)(i)
through (ix) of this subsection to have residential time with
the child in the presence of the person adjudicated as a juve(2004 Ed.)
Dissolution of Marriage—Legal Separation
nile, supervised by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential
time. The court shall not approve of a supervisor for contact
between the child and the parent unless the court finds, based
on the evidence, that the supervisor is willing and capable of
protecting the child from harm. The court shall revoke court
approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or is
no longer willing or capable of protecting the child.
(j) If the court finds that the parent has met the burden of
rebutting the presumption under (g) of this subsection, the
court may allow a parent residing with a person who, as an
adult, has been convicted of a sex offense listed in (e)(i)
through (ix) of this subsection to have residential time with
the child in the presence of the convicted person supervised
by a neutral and independent adult and pursuant to an adequate plan for supervision of such residential time. The court
shall not approve of a supervisor for contact between the
child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting
the child from harm. The court shall revoke court approval of
the supervisor upon finding, based on the evidence, that the
supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
(k) A court shall not order unsupervised contact between
the offending parent and a child of the offending parent who
was sexually abused by that parent. A court may order unsupervised contact between the offending parent and a child
who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised residential time has occurred for at least two years with
no further arrests or convictions of sex offenses involving
children under chapter 9A.44 RCW, RCW 9A.64.020, or
chapter 9.68A RCW and (i) the sex offense of the offending
parent was not committed against a child of the offending
parent, and (ii) the court finds that unsupervised contact
between the child and the offending parent is appropriate and
poses minimal risk to the child, after consideration of the testimony of a state-certified therapist, mental health counselor,
or social worker with expertise in treating child sexual abuse
victims who has supervised at least one period of residential
time between the parent and the child, and after consideration
of evidence of the offending parent's compliance with community supervision requirements, if any. If the offending
parent was not ordered by a court to participate in treatment
for sex offenders, then the parent shall obtain a psychosexual
evaluation conducted by a certified sex offender treatment
provider or a certified affiliate sex offender treatment provider indicating that the offender has the lowest likelihood of
risk to reoffend before the court grants unsupervised contact
between the parent and a child.
(l) A court may order unsupervised contact between the
parent and a child which may occur in the presence of a juvenile adjudicated of a sex offense listed in (e)(i) through (ix) of
this subsection who resides with the parent after the presumption under (e) of this subsection has been rebutted and supervised residential time has occurred for at least two years during which time the adjudicated juvenile has had no further
arrests, adjudications, or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or
chapter 9.68A RCW, and (i) the court finds that unsupervised
(2004 Ed.)
26.09.191
contact between the child and the parent that may occur in the
presence of the adjudicated juvenile is appropriate and poses
minimal risk to the child, after consideration of the testimony
of a state-certified therapist, mental health counselor, or
social worker with expertise in treatment of child sexual
abuse victims who has supervised at least one period of residential time between the parent and the child in the presence
of the adjudicated juvenile, and after consideration of evidence of the adjudicated juvenile's compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by a court to participate in
treatment for sex offenders, then the adjudicated juvenile
shall obtain a psychosexual evaluation conducted by a certified sex offender treatment provider or a certified affiliate sex
offender treatment provider indicating that the adjudicated
juvenile has the lowest likelihood of risk to reoffend before
the court grants unsupervised contact between the parent and
a child which may occur in the presence of the adjudicated
juvenile who is residing with the parent.
(m)(i) The limitations imposed by the court under (a) or
(b) of this subsection shall be reasonably calculated to protect
the child from the physical, sexual, or emotional abuse or
harm that could result if the child has contact with the parent
requesting residential time. If the court expressly finds based
on the evidence that limitations on the residential time with
the child will not adequately protect the child from the harm
or abuse that could result if the child has contact with the parent requesting residential time, the court shall restrain the
parent requesting residential time from all contact with the
child.
(ii) The court shall not enter an order under (a) of this
subsection allowing a parent to have contact with a child if
the parent has been found by clear and convincing evidence
in a civil action or by a preponderance of the evidence in a
dependency action to have sexually abused the child, except
upon recommendation by an evaluator or therapist for the
child that the child is ready for contact with the parent and
will not be harmed by the contact. The court shall not enter
an order allowing a parent to have contact with the child in
the offender's presence if the parent resides with a person
who has been found by clear and convincing evidence in a
civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court
finds that the parent accepts that the person engaged in the
harmful conduct and the parent is willing to and capable of
protecting the child from harm from the person.
(iii) If the court limits residential time under (a) or (b) of
this subsection to require supervised contact between the
child and the parent, the court shall not approve of a supervisor for contact between a child and a parent who has engaged
in physical, sexual, or a pattern of emotional abuse of the
child unless the court finds based upon the evidence that the
supervisor accepts that the harmful conduct occurred and is
willing to and capable of protecting the child from harm. The
court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to
protect the child or is no longer willing to or capable of protecting the child.
(n) If the court expressly finds based on the evidence
that contact between the parent and the child will not cause
physical, sexual, or emotional abuse or harm to the child and
[Title 26 RCW—page 19]
26.09.194
Title 26 RCW: Domestic Relations
that the probability that the parent's or other person's harmful
or abusive conduct will recur is so remote that it would not be
in the child's best interests to apply the limitations of (a), (b),
and (m)(i) and (iii) of this subsection, or if the court expressly
finds that the parent's conduct did not have an impact on the
child, then the court need not apply the limitations of (a), (b),
and (m)(i) and (iii) of this subsection. The weight given to
the existence of a protection order issued under chapter 26.50
RCW as to domestic violence is within the discretion of the
court. This subsection shall not apply when (c), (d), (e), (f),
(g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply.
(3) A parent's involvement or conduct may have an
adverse effect on the child's best interests, and the court may
preclude or limit any provisions of the parenting plan, if any
of the following factors exist:
(a) A parent's neglect or substantial nonperformance of
parenting functions;
(b) A long-term emotional or physical impairment which
interferes with the parent's performance of parenting functions as defined in RCW 26.09.004;
(c) A long-term impairment resulting from drug, alcohol,
or other substance abuse that interferes with the performance
of parenting functions;
(d) The absence or substantial impairment of emotional
ties between the parent and the child;
(e) The abusive use of conflict by the parent which creates the danger of serious damage to the child's psychological
development;
(f) A parent has withheld from the other parent access to
the child for a protracted period without good cause; or
(g) Such other factors or conduct as the court expressly
finds adverse to the best interests of the child.
(4) In entering a permanent parenting plan, the court
shall not draw any presumptions from the provisions of the
temporary parenting plan.
(5) In determining whether any of the conduct described
in this section has occurred, the court shall apply the civil
rules of evidence, proof, and procedure.
(6) For the purposes of this section, a parent's child
means that parent's natural child, adopted child, or stepchild.
[2004 c 38 § 12; 1996 c 303 § 1; 1994 c 267 § 1. Prior: 1989
c 375 § 11; 1989 c 326 § 1; 1987 c 460 § 10.]
Effective date—2004 c 38: See note following RCW 18.155.075.
Effective date—1996 c 303: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 30, 1996]." [1996 c 303 § 3.]
Effective date—1994 c 267: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 1, 1994]." [1994 c 267 § 6.]
26.09.194 Proposed temporary parenting plan—
Temporary order—Amendment—Vacation of order. (1)
A parent seeking a temporary order relating to parenting shall
file and serve a proposed temporary parenting plan by
motion. The other parent, if contesting the proposed temporary parenting plan, shall file and serve a responsive proposed
parenting plan. Either parent may move to have a proposed
temporary parenting plan entered as part of a temporary
order. The parents may enter an agreed temporary parenting
plan at any time as part of a temporary order. The proposed
26.09.194
[Title 26 RCW—page 20]
temporary parenting plan may be supported by relevant evidence and shall be accompanied by an affidavit or declaration
which shall state at a minimum the following:
(a) The name, address, and length of residence with the
person or persons with whom the child has lived for the preceding twelve months;
(b) The performance by each parent during the last
twelve months of the parenting functions relating to the daily
needs of the child;
(c) The parents' work and child-care schedules for the
preceding twelve months;
(d) The parents' current work and child-care schedules;
and
(e) Any of the circumstances set forth in RCW 26.09.191
that are likely to pose a serious risk to the child and that warrant limitation on the award to a parent of temporary residence or time with the child pending entry of a permanent
parenting plan.
(2) At the hearing, the court shall enter a temporary
parenting order incorporating a temporary parenting plan
which includes:
(a) A schedule for the child's time with each parent when
appropriate;
(b) Designation of a temporary residence for the child;
(c) Allocation of decision-making authority, if any.
Absent allocation of decision-making authority consistent
with RCW 26.09.187(2), neither party shall make any decision for the child other than those relating to day-to-day or
emergency care of the child, which shall be made by the party
who is present with the child;
(d) Provisions for temporary support for the child; and
(e) Restraining orders, if applicable, under RCW
26.09.060.
(3) A parent may make a motion for an order to show
cause and the court may enter a temporary order, including a
temporary parenting plan, upon a showing of necessity.
(4) A parent may move for amendment of a temporary
parenting plan, and the court may order amendment to the
temporary parenting plan, if the amendment conforms to the
limitations of RCW 26.09.191 and is in the best interest of the
child.
(5) If a proceeding for dissolution of marriage, legal separation, or declaration of invalidity is dismissed, any temporary order or temporary parenting plan is vacated. [1987 c
460 § 13.]
26.09.197 Issuance of temporary parenting plan—
Criteria. After considering the affidavit required by RCW
26.09.194(1) and other relevant evidence presented, the court
shall make a temporary parenting plan that is in the best interest of the child. In making this determination, the court shall
give particular consideration to:
(1) Which parent has taken greater responsibility during
the last twelve months for performing parenting functions
relating to the daily needs of the child; and
(2) Which parenting arrangements will cause the least
disruption to the child's emotional stability while the action is
pending.
The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.
[1987 c 460 § 14.]
26.09.197
(2004 Ed.)
Dissolution of Marriage—Legal Separation
26.09.210 Parenting plans—Interview with child by
court—Advice of professional personnel. The court may
interview the child in chambers to ascertain the child's wishes
as to the child's residential schedule in a proceeding for dissolution of marriage, legal separation, or declaration of invalidity. The court may permit counsel to be present at the interview. The court shall cause a record of the interview to be
made and to be made part of the record in the case.
The court may seek the advice of professional personnel
whether or not they are employed on a regular basis by the
court. The advice given shall be in writing and shall be made
available by the court to counsel upon request. Counsel may
call for cross-examination any professional personnel consulted by the court. [1987 c 460 § 15; 1973 1st ex.s. c 157 §
21.]
26.09.210
26.09.220
26.09.220 Parenting arrangements—Investigation
and report—Appointment of guardian ad litem. (1) The
court may order an investigation and report concerning
parenting arrangements for the child, or may appoint a guardian ad litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, the
staff of the juvenile court, or other professional social service
organization experienced in counseling children and families.
(2) In preparing the report concerning a child, the investigator may consult any person who may have information
about the child and the potential parenting or custodian
arrangements. Upon order of the court, the investigator may
refer the child to professional personnel for diagnosis. The
investigator may consult with and obtain information from
medical, psychiatric, or other expert persons who have served
the child in the past without obtaining the consent of the parent or the child's custodian; but the child's consent must be
obtained if the child has reached the age of twelve, unless the
court finds that the child lacks mental capacity to consent. If
the requirements of subsection (3) of this section are fulfilled,
the investigator's report may be received in evidence at the
hearing.
(3) The investigator shall mail the investigator's report to
counsel and to any party not represented by counsel at least
ten days prior to the hearing unless a shorter time is ordered
by the court for good cause shown. The investigator shall
make available to counsel and to any party not represented by
counsel the investigator's file of underlying data and reports,
complete texts of diagnostic reports made to the investigator
pursuant to the provisions of subsection (2) of this section,
and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the
investigator and any person whom the investigator has consulted for cross-examination. A party may not waive the right
of cross-examination prior to the hearing. [1993 c 289 § 1;
1989 c 375 § 12; 1987 c 460 § 16; 1973 1st ex.s. c 157 § 22.]
26.09.225 Access to child's education and health care
records. (1) Each parent shall have full and equal access to
the education and health care records of the child absent a
court order to the contrary. Neither parent may veto the
access requested by the other parent.
(2) Educational records are limited to academic, attendance, and disciplinary records of public and private schools
in all grades kindergarten through twelve and any form of
26.09.225
(2004 Ed.)
26.09.240
alternative school for all periods for which child support is
paid or the child is the dependent in fact of the parent requesting access to the records.
(3) Educational records of postsecondary educational
institutions are limited to enrollment and academic records
necessary to determine, establish, or continue support
ordered pursuant to RCW 26.19.090. [1991 sp.s. c 28 § 3;
1990 1st ex.s. c 2 § 18; 1987 c 460 § 17.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.09.240
26.09.240 Visitation rights—Person other than parent—Grandparents' visitation rights. (1) A person other
than a parent may petition the court for visitation with a child
at any time or may intervene in a pending dissolution, legal
separation, or modification of parenting plan proceeding. A
person other than a parent may not petition for visitation
under this section unless the child's parent or parents have
commenced an action under this chapter.
(2) A petition for visitation with a child by a person other
than a parent must be filed in the county in which the child
resides.
(3) A petition for visitation or a motion to intervene pursuant to this section shall be dismissed unless the petitioner or
intervenor can demonstrate by clear and convincing evidence
that a significant relationship exists with the child with whom
visitation is sought. If the petition or motion is dismissed for
failure to establish the existence of a significant relationship,
the petitioner or intervenor shall be ordered to pay reasonable
attorney's fees and costs to the parent, parents, other custodian, or representative of the child who responds to this petition or motion.
(4) The court may order visitation between the petitioner
or intervenor and the child between whom a significant relationship exists upon a finding supported by the evidence that
the visitation is in the child's best interests.
(5)(a) Visitation with a grandparent shall be presumed to
be in the child's best interests when a significant relationship
has been shown to exist. This presumption may be rebutted
by a preponderance of evidence showing that visitation
would endanger the child's physical, mental, or emotional
health.
(b) If the court finds that reasonable visitation by a
grandparent would be in the child's best interest except for
hostilities that exist between the grandparent and one or both
of the parents or person with whom the child lives, the court
may set the matter for mediation under RCW 26.09.015.
(6) The court may consider the following factors when
making a determination of the child's best interests:
(a) The strength of the relationship between the child and
the petitioner;
(b) The relationship between each of the child's parents
or the person with whom the child is residing and the petitioner;
(c) The nature and reason for either parent's objection to
granting the petitioner visitation;
(d) The effect that granting visitation will have on the
relationship between the child and the child's parents or the
person with whom the child is residing;
[Title 26 RCW—page 21]
26.09.255
Title 26 RCW: Domestic Relations
(e) The residential time sharing arrangements between
the parents;
(f) The good faith of the petitioner;
(g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and
(h) Any other factor relevant to the child's best interest.
(7) The restrictions of RCW 26.09.191 that apply to parents shall be applied to a petitioner or intervenor who is not a
parent. The nature and extent of visitation, subject to these
restrictions, is in the discretion of the court.
(8) The court may order an investigation and report concerning the proposed visitation or may appoint a guardian ad
litem as provided in RCW 26.09.220.
(9) Visitation granted pursuant to this section shall be
incorporated into the parenting plan for the child.
(10) The court may modify or terminate visitation rights
granted pursuant to this section in any subsequent modification action upon a showing that the visitation is no longer in
the best interest of the child. [1996 c 177 § 1; 1989 c 375 §
13; 1987 c 460 § 18; 1977 ex.s. c 271 § 1; 1973 1st ex.s. c 157
§ 24.]
26.09.255
26.09.255 Remedies when a child is taken, enticed, or
concealed. A relative, as defined in RCW 9A.40.010, may
bring civil action against any other relative if, with intent to
deny access to a child by that relative of the child who has a
right to physical custody of or visitation with the child or a
parent with whom the child resides pursuant to a parenting
plan order, the relative takes, entices, or conceals the child
from that relative. The plaintiff may be awarded, in addition
to any damages awarded by the court, the reasonable
expenses incurred by the plaintiff in locating the child,
including, but not limited to, investigative services and reasonable attorneys' fees. [1987 c 460 § 22; 1984 c 95 § 6.]
Severability—1984 c 95: See note following RCW 9A.40.060.
26.09.260
26.09.260 Modification of parenting plan or custody
decree. (1) Except as otherwise provided in subsections (4),
(5), (6), (8), and (10) of this section, the court shall not modify a prior custody decree or a parenting plan unless it finds,
upon the basis of facts that have arisen since the prior decree
or plan or that were unknown to the court at the time of the
prior decree or plan, that a substantial change has occurred in
the circumstances of the child or the nonmoving party and
that the modification is in the best interest of the child and is
necessary to serve the best interests of the child.
(2) In applying these standards, the court shall retain the
residential schedule established by the decree or parenting
plan unless:
(a) The parents agree to the modification;
(b) The child has been integrated into the family of the
petitioner with the consent of the other parent in substantial
deviation from the parenting plan;
(c) The child's present environment is detrimental to the
child's physical, mental, or emotional health and the harm
likely to be caused by a change of environment is outweighed
by the advantage of a change to the child; or
(d) The court has found the nonmoving parent in contempt of court at least twice within three years because the
parent failed to comply with the residential time provisions in
[Title 26 RCW—page 22]
the court-ordered parenting plan, or the parent has been convicted of custodial interference in the first or second degree
under RCW 9A.40.060 or 9A.40.070.
(3) A conviction of custodial interference in the first or
second degree under RCW 9A.40.060 or 9A.40.070 shall
constitute a substantial change of circumstances for the purposes of this section.
(4) The court may reduce or restrict contact between the
child and the parent with whom the child does not reside a
majority of the time if it finds that the reduction or restriction
would serve and protect the best interests of the child using
the criteria in RCW 26.09.191.
(5) The court may order adjustments to the residential
aspects of a parenting plan upon a showing of a substantial
change in circumstances of either parent or of the child, and
without consideration of the factors set forth in subsection (2)
of this section, if the proposed modification is only a minor
modification in the residential schedule that does not change
the residence the child is scheduled to reside in the majority
of the time and:
(a) Does not exceed twenty-four full days in a calendar
year; or
(b) Is based on a change of residence of the parent with
whom the child does not reside the majority of the time or an
involuntary change in work schedule by a parent which
makes the residential schedule in the parenting plan impractical to follow; or
(c) Does not result in a schedule that exceeds ninety
overnights per year in total, if the court finds that, at the time
the petition for modification is filed, the decree of dissolution
or parenting plan does not provide reasonable time with the
parent with whom the child does not reside a majority of the
time, and further, the court finds that it is in the best interests
of the child to increase residential time with the parent in
excess of the residential time period in (a) of this subsection.
However, any motion under this subsection (5)(c) is subject
to the factors established in subsection (2) of this section if
the party bringing the petition has previously been granted a
modification under this same subsection within twenty-four
months of the current motion. Relief granted under this section shall not be the sole basis for adjusting or modifying
child support.
(6) The court may order adjustments to the residential
aspects of a parenting plan pursuant to a proceeding to permit
or restrain a relocation of the child. The person objecting to
the relocation of the child or the relocating person's proposed
revised residential schedule may file a petition to modify the
parenting plan, including a change of the residence in which
the child resides the majority of the time, without a showing
of adequate cause other than the proposed relocation itself. A
hearing to determine adequate cause for modification shall
not be required so long as the request for relocation of the
child is being pursued. In making a determination of a modification pursuant to relocation of the child, the court shall
first determine whether to permit or restrain the relocation of
the child using the procedures and standards provided in
RCW 26.09.405 through 26.09.560. Following that determination, the court shall determine what modification pursuant
to relocation should be made, if any, to the parenting plan or
custody order or visitation order.
(2004 Ed.)
Dissolution of Marriage—Legal Separation
(7) A parent with whom the child does not reside a
majority of the time and whose residential time with the child
is subject to limitations pursuant to RCW 26.09.191 (2) or (3)
may not seek expansion of residential time under subsection
(5)(c) of this section unless that parent demonstrates a substantial change in circumstances specifically related to the
basis for the limitation.
(8) If a parent with whom the child does not reside a
majority of the time voluntarily fails to exercise residential
time for an extended period, that is, one year or longer, the
court upon proper motion may make adjustments to the
parenting plan in keeping with the best interests of the minor
child.
(9) A parent with whom the child does not reside a
majority of the time who is required by the existing parenting
plan to complete evaluations, treatment, parenting, or other
classes may not seek expansion of residential time under subsection (5)(c) of this section unless that parent has fully complied with such requirements.
(10) The court may order adjustments to any of the nonresidential aspects of a parenting plan upon a showing of a
substantial change of circumstances of either parent or of a
child, and the adjustment is in the best interest of the child.
Adjustments ordered under this section may be made without
consideration of the factors set forth in subsection (2) of this
section.
(11) If the court finds that a motion to modify a prior
decree or parenting plan has been brought in bad faith, the
court shall assess the attorney's fees and court costs of the
nonmoving parent against the moving party. [2000 c 21 § 19;
1999 c 174 § 1; 1991 c 367 § 9. Prior: 1989 c 375 § 14; 1989
c 318 § 3; 1987 c 460 § 19; 1973 1st ex.s. c 157 § 26.]
Applicability—2000 c 21: See RCW 26.09.405.
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Severability—1989 c 318: See note following RCW 26.09.160.
26.09.270 Child custody—Temporary custody order,
temporary parenting plan, or modification of custody
decree—Affidavits required. A party seeking a temporary
custody order or a temporary parenting plan or modification
of a custody decree or parenting plan shall submit together
with his motion, an affidavit setting forth facts supporting the
requested order or modification and shall give notice,
together with a copy of his affidavit, to other parties to the
proceedings, who may file opposing affidavits. The court
shall deny the motion unless it finds that adequate cause for
hearing the motion is established by the affidavits, in which
case it shall set a date for hearing on an order to show cause
why the requested order or modification should not be
granted. [1989 c 375 § 15; 1973 1st ex.s. c 157 § 27.]
26.09.270
26.09.280 Parenting plan or child support modification or enforcement—Venue. Every action or proceeding
to change, modify, or enforce any final order, judgment, or
decree entered in any dissolution or legal separation or declaration concerning the validity of a marriage, whether under
this chapter or prior law, regarding the parenting plan or child
support for the minor children of the marriage may be
26.09.280
(2004 Ed.)
26.09.300
brought in the county where the minor children are then
residing, or in the court in which the final order, judgment, or
decree was entered, or in the county where the parent or other
person who has the care, custody, or control of the children is
then residing. [1991 c 367 § 10; 1987 c 460 § 20; 1975 c 32
§ 4; 1973 1st ex.s. c 157 § 28.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.09.285
26.09.285 Designation of custody for the purpose of
other state and federal statutes. Solely for the purposes of
all other state and federal statutes which require a designation
or determination of custody, a parenting plan shall designate
the parent with whom the child is scheduled to reside a
majority of the time as the custodian of the child. However,
this designation shall not affect either parent's rights and
responsibilities under the parenting plan. In the absence of
such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be
the custodian of the child for the purposes of such federal and
state statutes. [1989 c 375 § 16; 1987 c 460 § 21.]
26.09.290
26.09.290 Final decree of divorce nunc pro tunc.
Whenever either of the parties in a divorce action is, under
the law, entitled to a final judgment, but by mistake, negligence, or inadvertence the same has not been signed, filed, or
entered, if no appeal has been taken from the interlocutory
order or motion for a new trial made, the court, on the motion
of either party thereto or upon its own motion, may cause a
final judgment to be signed, dated, filed, and entered therein
granting the divorce as of the date when the same could have
been given or made by the court if applied for. The court may
cause such final judgment to be signed, dated, filed, and
entered nunc pro tunc as aforesaid, even though a final judgment may have been previously entered where by mistake,
negligence or inadvertence the same has not been signed,
filed, or entered as soon as such final judgment, the parties to
such action shall be deemed to have been restored to the status of single persons as of the date affixed to such judgment,
and any marriage of either of such parties subsequent to six
months after the granting of the interlocutory order as shown
by the minutes of the court, and after the final judgment could
have been entered under the law if applied for, shall be valid
for all purposes as of the date affixed to such final judgment,
upon the filing thereof. [1973 1st ex.s. c 157 § 29.]
26.09.300
26.09.300 Restraining orders—Notice—Refusal to
comply—Arrest—Penalty—Defense—Peace officers,
immunity. (1) Whenever a restraining order is issued under
this chapter, and the person to be restrained knows of the
order, a violation of the provisions restricting the person from
acts or threats of violence or of a provision restraining the
person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly
remaining within, a specified distance of a location, is punishable under RCW 26.50.110.
(2) A person is deemed to have notice of a restraining
order if:
[Title 26 RCW—page 23]
26.09.310
Title 26 RCW: Domestic Relations
(a) The person to be restrained or the person's attorney
signed the order;
(b) The order recites that the person to be restrained or
the person's attorney appeared in person before the court;
(c) The order was served upon the person to be
restrained; or
(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person
a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of
the court.
(3) A peace officer shall verify the existence of a
restraining order by:
(a) Obtaining information confirming the existence and
terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to be
an accurate copy of the original by a notary public or by the
clerk of the court.
(4) A peace officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has probable cause to believe that:
(a) A restraining order has been issued under this chapter;
(b) The respondent or person to be restrained knows of
the order; and
(c) The person to be arrested has violated the terms of the
order restraining the person from acts or threats of violence or
restraining the person from going onto the grounds of or
entering the residence, workplace, school, or day care of
another, or prohibiting the person from knowingly coming
within, or knowingly remaining within, a specified distance
of a location.
(5) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law or
court rule.
(6) No peace officer may be held criminally or civilly
liable for making an arrest under subsection (4) of this section
if the officer acts in good faith and without malice. [2000 c
119 § 21; 1996 c 248 § 9; 1995 c 246 § 27; 1984 c 263 § 28;
1974 ex.s. c 99 § 1.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
26.09.310
26.09.310 Provision of health care to minor—Immunity of health care provider. No health care provider or
facility, or their agent, shall be liable for damages in any civil
action brought by a parent or guardian based only on a lack of
the parent or guardian's consent for medical care of a minor
child, if consent to the care has been given by a parent or
guardian of the minor. The immunity provided by this section
shall apply regardless of whether:
(1) The parents are married, unmarried, or separated at
the time of consent or treatment;
(2) The consenting parent is, or is not, a custodial parent
of the minor;
(3) The giving of consent by a parent is, or is not, full
performance of any agreement between the parents, or of any
[Title 26 RCW—page 24]
order or decree in any action entered pursuant to chapter
26.09 RCW;
(4) The action or suit is brought by or on behalf of the
nonconsenting parent, the minor child, or any other person.
[1989 c 377 § 1.]
NOTICE REQUIREMENTS AND STANDARDS FOR
PARENTAL RELOCATION
26.09.405
26.09.405 Applicability. (1) The provisions of RCW
26.09.405 through 26.09.560 and the chapter 21, Laws of
2000 amendments to RCW 26.09.260, 26.10.190, and
26.26.160 apply to a court order regarding residential time or
visitation with a child issued:
(a) After June 8, 2000; and
(b) Before June 8, 2000, if the existing court order does
not expressly govern relocation of the child.
(2) To the extent that a provision of RCW 26.09.405
through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 conflicts
with the express terms of a court order existing prior to June
8, 2000, then RCW 26.09.405 through 26.09.560 and the
chapter 21, Laws of 2000 amendments to RCW 26.09.260,
26.10.190, and 26.26.160 do not apply to those terms of that
order governing relocation of the child. [2000 c 21 § 3.]
Intent—2000 c 21: "By this act, the legislature intends to supersede the
state supreme court's decisions In Re the Marriage of Littlefield, 133 Wn.2d
39 (1997), and In Re the Marriage of Pape, Docket No. 67527-9, December
23, 1999." [2000 c 21 § 1.]
Captions not law—2000 c 21: "Captions used in this act are not any
part of the law." [2000 c 21 § 22.]
26.09.410
26.09.410 Definitions. The definitions in this section
apply throughout RCW 26.09.405 through 26.09.560 and
26.09.260 unless the context clearly requires otherwise.
(1) "Court order" means a temporary or permanent
parenting plan, custody order, visitation order, or other order
governing the residence of a child under this title.
(2) "Relocate" means a change in principal residence
either permanently or for a protracted period of time. [2000
c 21 § 2.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.420
26.09.420 Grant of authority. When entering or modifying a court order, the court has the authority to allow or not
allow a person to relocate the child. [2000 c 21 § 4.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.430
26.09.430 Notice requirement. Except as provided in
RCW 26.09.460, a person with whom the child resides a
majority of the time shall notify every other person entitled to
residential time or visitation with the child under a court
order if the person intends to relocate. Notice shall be given
as prescribed in RCW 26.09.440 and 26.09.450. [2000 c 21
§ 5.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
(2004 Ed.)
Dissolution of Marriage—Legal Separation
26.09.440
26.09.440 Notice—Contents and delivery. (1) Except
as provided in RCW 26.09.450 and 26.09.460, the notice of
an intended relocation of the child must be given by:
(a) Personal service or any form of mail requiring a
return receipt; and
(b) No less than:
(i) Sixty days before the date of the intended relocation
of the child; or
(ii) No more than five days after the date that the person
knows the information required to be furnished under subsection (2) of this section, if the person did not know and could
not reasonably have known the information in sufficient time
to provide the sixty-days' notice, and it is not reasonable to
delay the relocation.
(2)(a) The notice of intended relocation of the child must
include: (i) An address at which service of process may be
accomplished during the period for objection; (ii) a brief
statement of the specific reasons for the intended relocation
of the child; and (iii) a notice to the nonrelocating person that
an objection to the intended relocation of the child or to the
relocating person's proposed revised residential schedule
must be filed with the court and served on the opposing person within thirty days or the relocation of the child will be
permitted and the residential schedule may be modified pursuant to RCW 26.09.500. The notice shall not be deemed to
be in substantial compliance for purposes of RCW 26.09.470
unless the notice contains the following statement: "THE
RELOCATION OF THE CHILD WILL BE PERMITTED
AND THE PROPOSED REVISED RESIDENTIAL
SCHEDULE MAY BE CONFIRMED UNLESS, WITHIN
THIRTY DAYS, YOU FILE A PETITION AND MOTION
WITH THE COURT TO BLOCK THE RELOCATION OR
OBJECT TO THE PROPOSED REVISED RESIDENTIAL
SCHEDULE AND SERVE THE PETITION AND
MOTION ON THE PERSON PROPOSING RELOCATION
AND ALL OTHER PERSONS ENTITLED BY COURT
ORDER TO RESIDENTIAL TIME OR VISITATION
WITH THE CHILD."
(b) Except as provided in RCW 26.09.450 and
26.09.460, the following information shall also be included in
every notice of intended relocation of the child, if available:
(i) The specific street address of the intended new residence, if known, or as much of the intended address as is
known, such as city and state;
(ii) The new mailing address, if different from the
intended new residence address;
(iii) The new home telephone number;
(iv) The name and address of the child's new school and
day care facility, if applicable;
(v) The date of the intended relocation of the child; and
(vi) A proposal in the form of a proposed parenting plan
for a revised schedule of residential time or visitation with the
child, if any.
(3) A person required to give notice of an intended relocation of the child has a continuing duty to promptly update
the information required with the notice as that new information becomes known. [2000 c 21 § 6.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
(2004 Ed.)
26.09.470
26.09.450
26.09.450 Notice—Relocation within the same school
district. (1) When the intended relocation of the child is
within the school district in which the child currently resides
the majority of the time, the person intending to relocate the
child, in lieu of notice prescribed in RCW 26.09.440, may
provide actual notice by any reasonable means to every other
person entitled to residential time or visitation with the child
under a court order.
(2) A person who is entitled to residential time or visitation with the child under a court order may not object to the
intended relocation of the child within the school district in
which the child currently resides the majority of the time, but
he or she retains the right to move for modification under
RCW 26.09.260. [2000 c 21 § 7.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.460
26.09.460 Limitation of notices. (1) If a person intending to relocate the child is entering a domestic violence shelter due to the danger imposed by another person, notice may
be delayed for twenty-one days. This section shall not be construed to compel the disclosure by any domestic violence
shelter of information protected by confidentiality except as
provided by RCW 70.123.075 or equivalent laws of the state
in which the shelter is located.
(2) If a person intending to relocate the child is a participant in the address confidentiality program pursuant to chapter 40.24 RCW or has a court order which permits the party to
withhold some or all of the information required by RCW
26.09.440(2)(b), the confidential or protected information is
not required to be given with the notice.
(3) If a person intending to relocate the child is relocating to avoid a clear, immediate, and unreasonable risk to the
health or safety of a person or the child, notice may be
delayed for twenty-one days.
(4) A person intending to relocate the child who believes
that his or her health or safety or the health or safety of the
child would be unreasonably put at risk by notice or disclosure of certain information in the notice may request an ex
parte hearing with the court to have all or part of the notice
requirements waived. If the court finds that the health or
safety of a person or a child would be unreasonably put at risk
by notice or the disclosure of certain information in the
notice, the court may:
(a) Order that the notice requirements be less than complete or waived to the extent necessary to protect confidentiality or the health or safety of a person or child; or
(b) Provide such other relief as the court finds necessary
to facilitate the legitimate needs of the parties and the best
interests of the child under the circumstances.
(5) This section does not deprive a person entitled to residential time or visitation with a child under a court order the
opportunity to object to the intended relocation of the child or
the proposed revised residential schedule before the relocation occurs. [2000 c 21 § 8.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.470
26.09.470 Failure to give notice. (1) The failure to provide the required notice is grounds for sanctions, including
contempt if applicable.
[Title 26 RCW—page 25]
26.09.480
Title 26 RCW: Domestic Relations
(2) In determining whether a person has failed to comply
with the notice requirements for the purposes of this section,
the court may consider whether:
(a) The person has substantially complied with the notice
requirements;
(b) The court order in effect at the time of the relocation
was issued prior to June 8, 2000, and the person substantially
complied with the notice requirements, if any, in the existing
order;
(c) A waiver of notice was granted;
(d) A person entitled to receive notice was substantially
harmed; and
(e) Any other factor the court deems relevant.
(3) A person entitled to file an objection to the intended
relocation of the child may file such objection whether or not
the person has received proper notice. [2000 c 21 § 9.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.480
26.09.480 Objection to relocation or proposed
revised residential schedule. (1) A party objecting to the
intended relocation of the child or the relocating parent's proposed revised residential schedule shall do so by filing the
objection with the court and serving the objection on the relocating party and all other persons entitled by court order to
residential time or visitation with the child by means of personal service or mailing by any form of mail requiring a
return receipt to the relocating party at the address designated
for service on the notice of intended relocation and to other
parties requiring notice at their mailing address. The objection must be filed and served, including a three-day waiting
period if the objection is served by mail, within thirty days of
receipt of the notice of intended relocation of the child. The
objection shall be in the form of: (a) A petition for modification of the parenting plan pursuant to relocation; or (b) other
court proceeding adequate to provide grounds for relief.
(2) Unless the special circumstances described in RCW
26.09.460 apply, the person intending to relocate the child
shall not, without a court order, change the principal residence of the child during the period in which a party may
object. The order required under this subsection may be
obtained ex parte. If the objecting party notes a court hearing
to prevent the relocation of the child for a date not more than
fifteen days following timely service of an objection to relocation, the party intending to relocate the child shall not
change the principal residence of the child pending the hearing unless the special circumstances described in RCW
26.09.460(3) apply.
(3) The administrator for the courts shall develop a standard form, separate from existing dissolution or modification
forms, for use in filing an objection to relocation of the child
or objection of the relocating person's proposed revised residential schedule. [2000 c 21 § 10.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.490
26.09.490 Required provision in residential orders.
Unless waived by court order, after June 8, 2000, every court
order shall include a clear restatement of the provisions in
RCW 26.09.430 through 26.09.480. [2000 c 21 § 11.]
[Title 26 RCW—page 26]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.500
26.09.500 Failure to object. (1) Except for good cause
shown, if a person entitled to object to the relocation of the
child does not file an objection with the court within thirty
days after receipt of the relocation notice, then the relocation
of the child shall be permitted.
(2) A nonobjecting person shall be entitled to the residential time or visitation with the child specified in the proposed residential schedule included with the relocation
notice.
(3) Any person entitled to residential time or visitation
with a child under a court order retains his or her right to
move for modification under RCW 26.09.260.
(4) If a person entitled to object to the relocation of the
child does not file an objection with the court within thirty
days after receipt of the relocation notice, a person entitled to
residential time with the child may not be held in contempt of
court for any act or omission that is in compliance with the
proposed revised residential schedule set forth in the notice
given.
(5) Any party entitled to residential time or visitation
with the child under a court order may, after thirty days have
elapsed since the receipt of the notice, obtain ex parte and file
with the court an order modifying the residential schedule in
conformity with the relocating party's proposed residential
schedule specified in the notice upon filing a copy of the
notice and proof of service of such notice. A party may obtain
ex parte and file with the court an order modifying the residential schedule in conformity with the proposed residential
schedule specified in the notice before the thirty days have
elapsed if the party files a copy of the notice, proof of service
of such notice, and proof that no objection will be filed.
[2000 c 21 § 12.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.510
26.09.510 Temporary orders. (1) The court may grant
a temporary order restraining relocation of the child, or ordering return of the child if the child's relocation has occurred, if
the court finds:
(a) The required notice of an intended relocation of the
child was not provided in a timely manner and the nonrelocating party was substantially prejudiced;
(b) The relocation of the child has occurred without
agreement of the parties, court order, or the notice required
by RCW 26.09.405 through 26.09.560 and the chapter 21,
Laws of 2000 amendments to RCW 26.09.260, 26.10.190,
and 26.26.160; or
(c) After examining evidence presented at a hearing for
temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on final
hearing the court will not approve the intended relocation of
the child or no circumstances exist sufficient to warrant a
relocation of the child prior to a final determination at trial.
(2) The court may grant a temporary order authorizing
the intended relocation of the child pending final hearing if
the court finds:
(a) The required notice of an intended relocation of the
child was provided in a timely manner or that the circum(2004 Ed.)
Dissolution of Marriage—Legal Separation
stances otherwise warrant issuance of a temporary order in
the absence of compliance with the notice requirements and
issues an order for a revised schedule for residential time with
the child; and
(b) After examining the evidence presented at a hearing
for temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on
final hearing the court will approve the intended relocation of
the child. [2000 c 21 § 13.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.901
court may not admit evidence on the issue of whether the person seeking to relocate the child will forego his or her own
relocation if the child's relocation is not permitted or whether
the person opposing relocation will also relocate if the child's
relocation is permitted. The court may admit and consider
such evidence after it makes the decision to allow or restrain
relocation of the child and other parenting, custody, or visitation issues remain before the court, such as what, if any, modifications to the parenting plan are appropriate and who the
child will reside with the majority of the time if the court has
denied relocation of the child and the person is relocating
without the child. [2000 c 21 § 15.]
26.09.520
26.09.520 Basis for determination. The person proposing to relocate with the child shall provide his or her reasons for the intended relocation. There is a rebuttable presumption that the intended relocation of the child will be permitted. A person entitled to object to the intended relocation
of the child may rebut the presumption by demonstrating that
the detrimental effect of the relocation outweighs the benefit
of the change to the child and the relocating person, based
upon the following factors. The factors listed in this section
are not weighted. No inference is to be drawn from the order
in which the following factors are listed:
(1) The relative strength, nature, quality, extent of
involvement, and stability of the child's relationship with
each parent, siblings, and other significant persons in the
child's life;
(2) Prior agreements of the parties;
(3) Whether disrupting the contact between the child and
the person with whom the child resides a majority of the time
would be more detrimental to the child than disrupting contact between the child and the person objecting to the relocation;
(4) Whether either parent or a person entitled to residential time with the child is subject to limitations under RCW
26.09.191;
(5) The reasons of each person for seeking or opposing
the relocation and the good faith of each of the parties in
requesting or opposing the relocation;
(6) The age, developmental stage, and needs of the child,
and the likely impact the relocation or its prevention will
have on the child's physical, educational, and emotional
development, taking into consideration any special needs of
the child;
(7) The quality of life, resources, and opportunities available to the child and to the relocating party in the current and
proposed geographic locations;
(8) The availability of alternative arrangements to foster
and continue the child's relationship with and access to the
other parent;
(9) The alternatives to relocation and whether it is feasible and desirable for the other party to relocate also;
(10) The financial impact and logistics of the relocation
or its prevention; and
(11) For a temporary order, the amount of time before a
final decision can be made at trial. [2000 c 21 § 14.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.530
26.09.530 Factor not to be considered. In determining
whether to permit or restrain the relocation of the child, the
(2004 Ed.)
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.540
26.09.540 Objections by nonparents. A court may not
restrict the right of a parent to relocate the child when the sole
objection to the relocation is from a third party, unless that
third party is entitled to residential time or visitation under a
court order and has served as the primary residential care provider to the child for a substantial period of time during the
thirty-six consecutive months preceding the intended relocation. [2000 c 21 § 16.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.550 Sanctions. The court may sanction a party if
it finds that a proposal to relocate the child or an objection to
an intended relocation or proposed revised residential schedule was made to harass a person, to interfere in bad faith with
the relationship between the child and another person entitled
to residential time or visitation with the child, or to unnecessarily delay or needlessly increase the cost of litigation.
[2000 c 21 § 17.]
26.09.550
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.560
26.09.560 Priority for hearing. A hearing involving
relocations or intended relocations of children shall be
accorded priority on the court's motion calendar and trial
docket. [2000 c 21 § 18.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.900
26.09.900 Construction—Pending divorce actions.
Notwithstanding the repeals of prior laws enumerated in section 30, chapter 157, Laws of 1973 1st ex. sess., actions for
divorce which were properly and validly pending in the superior courts of this state as of the effective date of such repealer
(July 15, 1973) shall be governed and may be pursued to conclusion under the provisions of law applicable thereto at the
time of commencement of such action and all decrees and
orders heretofore or hereafter in all other respects regularly
entered in such proceedings are declared valid: PROVIDED,
That upon proper cause being shown at any time before final
decree, the court may convert such action to an action for dissolution of marriage as provided for in RCW 26.09.901.
[1974 ex.s. c 15 § 1.]
26.09.901
26.09.901 Conversion of pending action to dissolution proceeding. Any divorce action which was filed prior
[Title 26 RCW—page 27]
26.09.902
Title 26 RCW: Domestic Relations
to July 15, 1973 and for which a final decree has not been
entered on February 11, 1974, may, upon order of the superior court having jurisdiction over such proceeding for good
cause shown, be converted to a dissolution proceeding and
thereafter be continued under the provisions of this chapter.
[1974 ex.s. c 15 § 2.]
26.09.902
26.09.902 RCW 26.09.900 and 26.09.901 deemed in
effect on July 16, 1973. The provisions of RCW 26.09.900
and 26.09.901 are remedial and procedural and shall be construed to have been in effect as of July 16, 1973. [1974 ex.s.
c 15 § 3.]
26.09.907
26.09.907 Construction—Pending actions as of January 1, 1988. Notwithstanding the repeals of prior laws,
actions which were properly and validly pending in the superior courts of this state as of January 1, 1988, shall not be governed by chapter 460, Laws of 1987 but shall be governed by
the provisions of law in effect on December 31, 1987. [1989
c 375 § 17; 1987 c 460 § 23.]
26.09.909
26.09.909 Decrees entered into prior to January 1,
1988. (1) Decrees under this chapter involving child custody,
visitation, or child support entered in actions commenced
prior to January 1, 1988, shall be deemed to be parenting
plans for purposes of this chapter.
(2) The enactment of the 1987 revisions to this chapter
does not constitute substantially changed circumstances for
the purposes of modifying decrees entered under this chapter
in actions commenced prior to January 1, 1988, involving
child custody, visitation, or child support. Any action to modify any decree involving child custody, visitation, child support, or a parenting plan shall be governed by the provisions
of this chapter.
(3) Actions brought for clarification or interpretation of
decrees entered under this chapter in actions commenced
prior to January 1, 1988, shall be determined under the law in
effect immediately prior to January 1, 1988. [1990 1st ex.s. c
2 § 16; 1989 c 375 § 18; 1987 c 460 § 24.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.09.910
26.09.910 Short title—1987 c 460. This act shall be
known as the parenting act of 1987. [1987 c 460 § 57.]
26.09.911
26.09.911 Section captions—1987 c 460. Section captions as used in this act do not constitute any part of the law.
[1987 c 460 § 58.]
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1989 c 375 § 33.]
Chapter 26.10 RCW
NONPARENTAL ACTIONS FOR CHILD CUSTODY
Chapter 26.10
Sections
26.10.010
26.10.015
26.10.020
26.10.030
26.10.032
26.10.034
26.10.040
26.10.045
26.10.050
26.10.060
26.10.070
26.10.080
26.10.090
26.10.100
26.10.110
26.10.115
26.10.120
26.10.130
26.10.135
26.10.140
26.10.150
26.10.160
26.10.170
26.10.180
26.10.190
26.10.195
26.10.200
26.10.210
26.10.220
26.10.910
26.10.911
26.10.912
26.10.913
Intent.
Mandatory use of approved forms.
Civil practice to govern—Designation of proceedings—
Decrees.
Child custody proceeding—Commencement—Notice—Intervention.
Child custody motion—Affidavit required—Notice—Denial
of motion—Show cause hearing.
Child custody petitions, orders, and decrees—Application of
Indian child welfare act.
Provisions for child support, custody, and visitation—Federal
tax exemption—Continuing restraining orders—Domestic
violence or antiharassment protection orders—Notice of
modification or termination of restraining order.
Child support schedule.
Child support by parents—Apportionment of expense.
Health insurance coverage—Conditions.
Minor or dependent child—Court appointed attorney to represent—Payment of costs, fees, and disbursements.
Payment of costs, attorney's fees, etc.
Failure to comply with decree or temporary injunction—Obligation to make support payments or permit visitation not suspended—Motion.
Determination of custody—Child's best interests.
Temporary custody order—Vacation of order.
Temporary orders—Support—Restraining orders—Domestic
violence or antiharassment protection orders—Notice of
modification or termination of restraining order—Preservation of support debt.
Interview with child by court—Advice of professional personnel.
Investigation and report.
Custody orders—Background information to be consulted.
Hearing—Record—Expenses of witnesses.
Access to child's education and medical records.
Visitation rights—Limitations.
Powers and duties of custodian—Supervision by appropriate
agency when necessary.
Remedies when a child is taken, enticed, or concealed.
Petitions for modification and proceedings concerning relocation of child—Assessment of attorneys' fees.
Modification of child support order—Child support order
summary report.
Temporary custody order or modification of custody decree—
Affidavits required.
Venue.
Restraining orders—Notice—Refusal to comply—Arrest—
Penalty—Defense—Peace officers, immunity.
Short title—1987 c 460.
Section captions—1987 c 460.
Effective date—1987 c 460.
Severability—1987 c 460.
Child support registry: Chapter 26.23 RCW.
26.10.010
26.09.912
26.09.912 Effective date—1987 c 460. This act shall
take effect on January 1, 1988. [1987 c 460 § 59.]
26.09.913
26.09.913 Severability—1987 c 460. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of this act or the application of the
provision to other persons or circumstances is not affected.
[1987 c 460 § 60.]
26.10.010 Intent. It is the intent of the legislature to
reenact and continue the law relating to third-party actions
involving custody of minor children in order to distinguish
that body of law from the *1987 parenting act amendments to
chapter 26.09 RCW, which previously contained these provisions. [1987 c 460 § 25.]
*Reviser's note: For codification of the 1987 parenting act, 1987 c 460,
see Codification Tables, Volume 0.
26.10.015
26.09.914
26.09.914 Severability—1989 c 375. If any provision
of this act or its application to any person or circumstance is
[Title 26 RCW—page 28]
26.10.015 Mandatory use of approved forms. (1)
Effective January 1, 1992, a party shall not file any pleading
with the clerk of the court in an action commenced under this
(2004 Ed.)
Nonparental Actions for Child Custody
chapter unless on forms approved by the administrator for the
courts.
(2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220.
[1992 c 229 § 4; 1990 1st ex.s. c 2 § 27.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.10.020
26.10.020 Civil practice to govern—Designation of
proceedings—Decrees. (1) Except as otherwise specifically
provided in this chapter, the practice in civil action shall govern all proceedings under this chapter, except that trial by
jury is dispensed with.
(2) In cases where a party other than a parent seeks custody of a minor child, a separate custody proceeding shall be
entitled "In re the custody of . . . . . ."
(3) The initial pleading in all proceedings under this
chapter shall be denominated a petition. A responsive pleading shall be denominated a response. Other pleadings, and all
pleadings in other matters under this chapter shall be denominated as provided in the civil rules for superior court. [1987
c 460 § 26.]
26.10.030
26.10.030 Child custody proceeding—Commencement—Notice—Intervention. (1) Except as authorized for
proceedings brought under chapter 13.34 RCW, or chapter
26.50 RCW in district or municipal courts, a child custody
proceeding is commenced in the superior court by a person
other than a parent, by filing a petition seeking custody of the
child in the county where the child is permanently resident or
where the child is found, but only if the child is not in the
physical custody of one of its parents or if the petitioner
alleges that neither parent is a suitable custodian. In proceedings in which the juvenile court has not exercised concurrent
jurisdiction and prior to a child custody hearing, the court
shall determine if the child is the subject of a pending dependency action.
(2) Notice of a child custody proceeding shall be given to
the child's parent, guardian and custodian, who may appear
and be heard and may file a responsive pleading. The court
may, upon a showing of good cause, permit the intervention
of other interested parties.
(3) The petitioner shall include in the petition the names
of any adult members of the petitioner's household. [2003 c
105 § 3; 2000 c 135 § 3; 1998 c 130 § 4; 1987 c 460 § 27.]
26.10.032
26 .1 0.0 32 Ch ild cus t od y m ot io n— Aff id av it
required—Notice—Denial of motion—Show cause hearing. (1) A party seeking a custody order shall submit, along
with his or her motion, an affidavit declaring that the child is
not in the physical custody of one of its parents or that neither
parent is a suitable custodian and setting forth facts supporting the requested order. The party seeking custody shall give
notice, along with a copy of the affidavit, to other parties to
the proceedings, who may file opposing affidavits.
(2) The court shall deny the motion unless it finds that
adequate cause for hearing the motion is established by the
affidavits, in which case it shall set a date for hearing on an
order to show cause why the requested order should not be
granted. [2003 c 105 § 6.]
(2004 Ed.)
26.10.040
26.10.034
26.10.034 Child custody petitions, orders, and
decrees—Application of Indian child welfare act. (1)(a)
Every petition filed in proceedings under this chapter shall
contain a statement alleging whether the child is or may be an
Indian child as defined in 25 U.S.C. Sec. 1903. If the child is
an Indian child as defined under the Indian child welfare act,
the provisions of the act shall apply.
(b) Whenever the court or the petitioning party in a proceeding under this chapter knows or has reason to know that
an Indian child is involved, the petitioning party shall
promptly provide notice to the child's parent or Indian custodian and to the agent designated by the child's Indian tribe to
receive such notices. Notice shall be by certified mail with
return receipt requested. If the identity or location of the parent or Indian custodian and the tribe cannot be determined,
notice shall be given to the secretary of the interior in the
manner described in 25 C.F.R. 23.11. If the child may be a
member of more than one tribe, the petitioning party shall
send notice to all tribes the petitioner has reason to know may
be affiliated with the child.
(c) The notice shall: (i) Contain a statement notifying
the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe's right to intervene
and/or request that the case be transferred to tribal court.
(2) Every order or decree entered in any proceeding
under this chapter shall contain a finding that the Indian child
welfare act does or does not apply. Where there is a finding
that the Indian child welfare act does apply, the decree or
order must also contain a finding that all notice requirements
and evidentiary requirements under the Indian child welfare
act have been satisfied. [2004 c 64 § 1; 2003 c 105 § 7.]
26.10.040
26.10.040 Provisions for child support, custody, and
visitation—Federal tax exemption—Continuing restraining orders—Domestic violence or antiharassment protection orders—Notice of modification or termination of
restraining order. (1) In entering an order under this chapter, the court shall consider, approve, or make provision for:
(a) Child custody, visitation, and the support of any child
entitled to support;
(b) The allocation of the children as a federal tax exemption;
(c) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;
(d) A domestic violence protection order under chapter
26.50 RCW or an antiharassment protection order under
chapter 10.14 RCW. The court may grant any of the relief
provided in RCW 26.50.060 except relief pertaining to residential provisions for the children which provisions shall be
provided for under this chapter, and any of the relief provided
in RCW 10.14.080;
(e) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing
another party, or from going onto the grounds of or entering
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within, a
specified distance of a location, shall prominently bear on the
front page of the order the legend: VIOLATION OF THIS
ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A
[Title 26 RCW—page 29]
26.10.045
Title 26 RCW: Domestic Relations
CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW
AND WILL SUBJECT A VIOLATOR TO ARREST.
(2) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted
under this section, in addition to the law enforcement information sheet or proof of service of the order, be forwarded by
the clerk of the court on or before the next judicial day to the
appropriate law enforcement agency specified in the order.
Upon receipt of the order, the law enforcement agency shall
enter the order into any computer-based criminal intelligence
information system available in this state used by law
enforcement agencies to list outstanding warrants. The order
is fully enforceable in any county in the state.
(3) If a restraining order issued pursuant to this section is
modified or terminated, the clerk of the court shall notify the
law enforcement agency specified in the order on or before
the next judicial day. Upon receipt of notice that an order has
been terminated, the law enforcement agency shall remove
the order from any computer-based criminal intelligence system. [2000 c 119 § 8; 1995 c 93 § 3; 1994 sp.s. c 7 § 453;
1989 c 375 § 31; 1987 c 460 § 28.]
This section shall not be construed to limit the authority
of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or
insurance premiums which are in addition to and not inconsistent with this section. "Health insurance" as used in this
section does not include medical assistance provided under
chapter 74.09 RCW. [1989 c 375 § 19; 1987 c 460 § 30.]
Severability—1989 c 375: See RCW 26.09.914.
26.10.070
26.10.070 Minor or dependent child—Court
appointed attorney to represent—Payment of costs, fees,
and disbursements. The court may appoint an attorney to
represent the interests of a minor or dependent child with
respect to custody, support, and visitation. The court shall
enter an order for costs, fees, and disbursements in favor of
the child's attorney. The order shall be made against any or all
parties, except that, if all parties are indigent, the costs, fees,
and disbursements shall be borne by the county. [1989 c 375
§ 20; 1987 c 460 § 31.]
Severability—1989 c 375: See RCW 26.09.914.
26.10.080
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1989 c 375: See RCW 26.09.914.
26.10.045
26.10.045 Child support schedule. A determination of
child support shall be based upon the child support schedule
and standards adopted under *RCW 26.19.040. [1988 c 275
§ 12.]
*Reviser's note: RCW 26.19.040 was repealed by 1991 sp.s. c 28 § 8,
effective September 1, 1991.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
26.10.050
26.10.050 Child support by parents—Apportionment of expense. In a custody proceeding, the court may
order either or both parents owing a duty of support to any
child of the marriage dependent upon either or both spouses
to pay an amount reasonable or necessary for the child's support. [1987 c 460 § 29.]
26.10.060
26.10.060 Health insurance coverage—Conditions.
In entering or modifying a custody order under this chapter,
the court shall require either or both parents to maintain or
provide health insurance coverage for any dependent child if
the following conditions are met:
(1) Health insurance that can be extended to cover the
child is available to that parent through an employer or other
organization; and
(2) The employer or other organization offering health
insurance will contribute all or a part of the premium for coverage of the child.
A parent who is required to extend insurance coverage to
a child under this section is liable for any covered health care
costs for which the parent receives direct payment from an
insurer.
[Title 26 RCW—page 30]
26.10.080 Payment of costs, attorney's fees, etc. The
court from time to time, after considering the financial
resources of all parties, may order a party to pay a reasonable
amount for the cost to the other party of maintaining or
defending any proceeding under this chapter and for reasonable attorney's fees or other professional fees in connection
therewith, including sums for legal services rendered and
costs incurred prior to the commencement of the proceeding
or enforcement or modification proceedings after entry of
judgment.
Upon any appeal, the appellate court may, in its discretion, order a party to pay for the cost to the other party of
maintaining the appeal and attorney's fees in addition to statutory costs.
The court may order that the attorney's fees be paid
directly to the attorney who may enforce the order in his or
her name. [1987 c 460 § 35.]
26.10.090
26.10.090 Failure to comply with decree or temporary injunction—Obligation to make support payments
or permit visitation not suspended—Motion. If a party
fails to comply with a provision of an order or temporary
order of injunction, the obligation of the other party to make
payments for support or to permit visitation is not suspended,
but the party may move the court to grant an appropriate
order. [1987 c 460 § 36.]
26.10.100
26.10.100 Determination of custody—Child's best
interests. The court shall determine custody in accordance
with the best interests of the child. [1987 c 460 § 38.]
26.10.110
26.10.110 Temporary custody order—Vacation of
order. A party to a custody proceeding may move for a temporary custody order. The motion must be supported by an
affidavit as provided in RCW 26.10.200. The court may
award temporary custody after a hearing, or, if there is no
objection, solely on the basis of the affidavits.
(2004 Ed.)
Nonparental Actions for Child Custody
If a custody proceeding commenced under this chapter is
dismissed, any temporary order is vacated. [1987 c 460 §
39.]
26.10.115 Temporary orders—Support—Restraining orders—Domestic violence or antiharassment protection orders—Notice of modification or termination of
restraining order—Preservation of support debt. (1) In a
proceeding under this chapter either party may file a motion
for temporary support of children entitled to support. The
motion shall be accompanied by an affidavit setting forth the
factual basis for the motion and the amount requested.
(2) In a proceeding under this chapter either party may
file a motion for a temporary restraining order or preliminary
injunction, providing relief proper in the circumstances, and
restraining or enjoining any person from:
(a) Molesting or disturbing the peace of the other party
or of any child;
(b) Entering the family home or the home of the other
party upon a showing of the necessity therefor;
(c) Knowingly coming within, or knowingly remaining
within, a specified distance from a specified location; and
(d) Removing a child from the jurisdiction of the court.
(3) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment
protection order under chapter 10.14 RCW on a temporary
basis. The court may grant any of the relief provided in RCW
26.50.060 except relief pertaining to residential provisions
for the children which provisions shall be provided for under
this chapter, and any of the relief provided in RCW
10.14.080. Ex parte orders issued under this subsection shall
be effective for a fixed period not to exceed fourteen days, or
upon court order, not to exceed twenty-four days if necessary
to ensure that all temporary motions in the case can be heard
at the same time.
(4) In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(5) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds on
the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the
time for responding has elapsed.
(6) The court may issue a temporary restraining order or
preliminary injunction and an order for temporary support in
such amounts and on such terms as are just and proper in the
circumstances.
(7) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing
another party, or from going onto the grounds of or entering
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within, a
specified distance of a location, shall prominently bear on the
front page of the order the legend: VIOLATION OF THIS
ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A
CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW
AND WILL SUBJECT A VIOLATOR TO ARREST.
(8) The court shall order that any temporary restraining
order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection
order granted under this section be forwarded by the clerk of
26.10.115
(2004 Ed.)
26.10.120
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order. Upon receipt
of the order, the law enforcement agency shall enter the order
into any computer-based criminal intelligence information
system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the computerbased criminal intelligence information system constitutes
notice to all law enforcement agencies of the existence of the
order. The order is fully enforceable in any county in the
state.
(9) If a restraining order issued pursuant to this section is
modified or terminated, the clerk of the court shall notify the
law enforcement agency specified in the order on or before
the next judicial day. Upon receipt of notice that an order has
been terminated, the law enforcement agency shall remove
the order from any computer-based criminal intelligence system.
(10) A temporary order, temporary restraining order, or
preliminary injunction:
(a) Does not prejudice the rights of a party or any child
which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when
the motion is dismissed;
(d) May be entered in a proceeding for the modification
of an existing order.
(11) A support debt owed to the state for public assistance expenditures which has been charged against a party
pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be
merged in, or otherwise extinguished by, the final decree or
order, unless the office of support enforcement has been
given notice of the final proceeding and an opportunity to
present its claim for the support debt to the court and has
failed to file an affidavit as provided in this subsection.
Notice of the proceeding shall be served upon the office of
support enforcement personally, or by certified mail, and
shall be given no fewer than thirty days prior to the date of the
final proceeding. An original copy of the notice shall be filed
with the court either before service or within a reasonable
time thereafter. The office of support enforcement may
present its claim, and thereby preserve the support debt, by
filing an affidavit setting forth the amount of the debt with the
court, and by mailing a copy of the affidavit to the parties or
their attorney prior to the date of the final proceeding. [2000
c 119 § 9; 1995 c 246 § 29; 1994 sp.s. c 7 § 454; 1989 c 375
§ 32.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1989 c 375: See RCW 26.09.914.
26.10.120
26.10.120 Interview with child by court—Advice of
professional personnel. The court may interview the child
in chambers to ascertain the child's wishes as to his or her
custodian and as to visitation privileges. The court may permit counsel to be present at the interview. The court shall
[Title 26 RCW—page 31]
26.10.130
Title 26 RCW: Domestic Relations
cause a record of the interview to be made and to be made
part of the record in the case.
The court may seek the advice of professional personnel
whether or not they are employed on a regular basis by the
court. The advice given shall be in writing and shall be made
available by the court to counsel upon request. Counsel may
call for cross-examination any professional personnel consulted by the court. [1987 c 460 § 40.]
26.10.130
26.10.130 Investigation and report. (1) In contested
custody proceedings, and in other custody proceedings if a
parent or the child's custodian so requests, the court may
order an investigation and report concerning custodian
arrangements for the child, or may appoint a guardian ad
litem pursuant to RCW 26.12.175, or both. The investigation
and report may be made by the guardian ad litem, the staff of
the juvenile court, or other professional social service organization experienced in counseling children and families.
(2) In preparing the report concerning a child, the investigator may consult any person who may have information
about the child and potential custodian arrangements. Upon
order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric, or
other expert persons who have served the child in the past
without obtaining the consent of the parent or the child's custodian; but the child's consent must be obtained if the child
has reached the age of twelve, unless the court finds that the
child lacks mental capacity to consent. If the requirements of
subsection (3) of this section are fulfilled, the investigator's
report may be received in evidence at the hearing.
(3) The investigator shall mail the investigator's report to
counsel and to any party not represented by counsel at least
ten days prior to the hearing unless a shorter time is ordered
by the court for good cause shown. The investigator shall
make available to counsel and to any party not represented by
counsel the investigator's file of underlying data and reports,
complete texts of diagnostic reports made to the investigator
pursuant to the provisions of subsection (2) of this section,
and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the
investigator and any person whom the investigator has consulted for cross-examination. A party may not waive the right
of cross-examination prior to the hearing. [1993 c 289 § 2;
1987 c 460 § 41.]
26.10.135
26.10.135 Custody orders—Background information
to be consulted. (1) Before granting any order regarding the
custody of a child under this chapter, the court shall consult
the judicial information system, if available, to determine the
existence of any information and proceedings that are relevant to the placement of the child.
(2) Before entering a final order, the court shall:
(a) Direct the department of social and health services to
release information as provided under RCW 13.50.100; and
(b) Require the petitioner to provide the results of an
examination of state and national criminal identification data
provided by the Washington state patrol criminal identification system as described in chapter 43.43 RCW for the peti[Title 26 RCW—page 32]
tioner and adult members of the petitioner's household.
[2003 c 105 § 1.]
26.10.140
26.10.140 Hearing—Record—Expenses of witnesses.
Custody proceedings shall receive priority in being set for
hearing.
A party may petition the court to authorize the payment
of necessary travel and other expenses incurred by any witness whose presence at the hearing the court deems necessary
to determine the best interests of the child.
The court without a jury shall determine questions of law
and fact. If it finds that a public hearing may be detrimental to
the child's best interests, the court may exclude the public
from a custody hearing, but may admit any person who has a
direct and legitimate interest in the work of the court.
If the court finds it necessary to protect the child's welfare that the record of any interview, report, investigation, or
testimony in a custody proceeding be kept secret, the court
may make an appropriate order sealing the record. [1987 c
460 § 42.]
26.10.150
26.10.150 Access to child's education and medical
records. Each parent shall have full and equal access to the
education and medical records of the child absent a court
order to the contrary. [1987 c 460 § 43.]
26.10.160
26.10.160 Visitation rights—Limitations. (1) A parent not granted custody of the child is entitled to reasonable
visitation rights except as provided in subsection (2) of this
section.
(2)(a) Visitation with the child shall be limited if it is
found that the parent seeking visitation has engaged in any of
the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to
perform parenting functions; (ii) physical, sexual, or a pattern
of emotional abuse of a child; (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or
sexual assault which causes grievous bodily harm or the fear
of such harm; or (iv) the parent has been convicted as an adult
of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(B) RCW 9A.44.079 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the offenses
listed in (a)(iv)(A) through (H) of this subsection;
(2004 Ed.)
Nonparental Actions for Child Custody
(J) Any statute from any other jurisdiction that describes
an offense analogous to the offenses listed in (a)(iv)(A)
through (H) of this subsection.
This subsection (2)(a) shall not apply when (c) or (d) of
this subsection applies.
(b) The parent's visitation with the child shall be limited
if it is found that the parent resides with a person who has
engaged in any of the following conduct: (i) Physical, sexual,
or a pattern of emotional abuse of a child; (ii) a history of acts
of domestic violence as defined in RCW 26.50.010(1) or an
assault or sexual assault that causes grievous bodily harm or
the fear of such harm; or (iii) the person has been convicted
as an adult or as a juvenile has been adjudicated of a sex
offense under:
(A) RCW 9A.44.076 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(B) RCW 9A.44.079 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the difference in age between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the offenses
listed in (b)(iii)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes
an offense analogous to the offenses listed in (b)(iii)(A)
through (H) of this subsection.
This subsection (2)(b) shall not apply when (c) or (e) of
this subsection applies.
(c) If a parent has been found to be a sexual predator
under chapter 71.09 RCW or under an analogous statute of
any other jurisdiction, the court shall restrain the parent from
contact with a child that would otherwise be allowed under
this chapter. If a parent resides with an adult or a juvenile
who has been found to be a sexual predator under chapter
71.09 RCW or under an analogous statute of any other jurisdiction, the court shall restrain the parent from contact with
the parent's child except contact that occurs outside that person's presence.
(d) There is a rebuttable presumption that a parent who
has been convicted as an adult of a sex offense listed in (d)(i)
through (ix) of this subsection poses a present danger to a
child. Unless the parent rebuts this presumption, the court
shall restrain the parent from contact with a child that would
otherwise be allowed under this chapter:
(i) RCW 9A.64.020 (1) or (2), provided that the person
convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted
was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted
was at least eight years older than the victim;
(v) RCW 9A.44.083;
(2004 Ed.)
26.10.160
(vi) RCW 9A.44.086, provided that the person convicted
was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the
offenses listed in (d)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that
describes an offense analogous to the offenses listed in (d)(i)
through (vii) of this subsection.
(e) There is a rebuttable presumption that a parent who
resides with a person who, as an adult, has been convicted, or
as a juvenile has been adjudicated, of the sex offenses listed
in (e)(i) through (ix) of this subsection places a child at risk of
abuse or harm when that parent exercises visitation in the
presence of the convicted or adjudicated person. Unless the
parent rebuts the presumption, the court shall restrain the parent from contact with the parent's child except for contact that
occurs outside of the convicted or adjudicated person's presence:
(i) RCW 9A.64.020 (1) or (2), provided that the person
convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted
was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted
was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted
was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the
offenses listed in (e)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that
describes an offense analogous to the offenses listed in (e)(i)
through (vii) of this subsection.
(f) The presumption established in (d) of this subsection
may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense committed by the parent requesting visitation, (A) contact
between the child and the offending parent is appropriate and
poses minimal risk to the child, and (B) the offending parent
has successfully engaged in treatment for sex offenders or is
engaged in and making progress in such treatment, if any was
ordered by a court, and the treatment provider believes such
contact is appropriate and poses minimal risk to the child; or
(ii) If the child was the victim of the sex offense committed by the parent requesting visitation, (A) contact between
the child and the offending parent is appropriate and poses
minimal risk to the child, (B) if the child is in or has been in
therapy for victims of sexual abuse, the child's counselor
believes such contact between the child and the offending
parent is in the child's best interest, and (C) the offending parent has successfully engaged in treatment for sex offenders or
is engaged in and making progress in such treatment, if any
was ordered by a court, and the treatment provider believes
such contact is appropriate and poses minimal risk to the
child.
(g) The presumption established in (e) of this subsection
may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense committed by the person who is residing with the parent requesting visitation, (A) contact between the child and the parent
[Title 26 RCW—page 33]
26.10.160
Title 26 RCW: Domestic Relations
residing with the convicted or adjudicated person is appropriate and that parent is able to protect the child in the presence
of the convicted or adjudicated person, and (B) the convicted
or adjudicated person has successfully engaged in treatment
for sex offenders or is engaged in and making progress in
such treatment, if any was ordered by a court, and the treatment provider believes such contact is appropriate and poses
minimal risk to the child; or
(ii) If the child was the victim of the sex offense committed by the person who is residing with the parent requesting
visitation, (A) contact between the child and the parent in the
presence of the convicted or adjudicated person is appropriate and poses minimal risk to the child, (B) if the child is in or
has been in therapy for victims of sexual abuse, the child's
counselor believes such contact between the child and the
parent residing with the convicted or adjudicated person in
the presence of the convicted or adjudicated person is in the
child's best interest, and (C) the convicted or adjudicated person has successfully engaged in treatment for sex offenders
or is engaged in and making progress in such treatment, if any
was ordered by a court, and the treatment provider believes
contact between the parent and child in the presence of the
convicted or adjudicated person is appropriate and poses
minimal risk to the child.
(h) If the court finds that the parent has met the burden of
rebutting the presumption under (f) of this subsection, the
court may allow a parent who has been convicted as an adult
of a sex offense listed in (d)(i) through (ix) of this subsection
to have visitation with the child supervised by a neutral and
independent adult and pursuant to an adequate plan for supervision of such visitation. The court shall not approve of a
supervisor for contact between the child and the parent unless
the court finds, based on the evidence, that the supervisor is
willing and capable of protecting the child from harm. The
court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to
protect the child or is no longer willing or capable of protecting the child.
(i) If the court finds that the parent has met the burden of
rebutting the presumption under (g) of this subsection, the
court may allow a parent residing with a person who has been
adjudicated as a juvenile of a sex offense listed in (e)(i)
through (ix) of this subsection to have visitation with the
child in the presence of the person adjudicated as a juvenile,
supervised by a neutral and independent adult and pursuant to
an adequate plan for supervision of such visitation. The court
shall not approve of a supervisor for contact between the
child and the parent unless the court finds, based on the evidence, that the supervisor is willing and capable of protecting
the child from harm. The court shall revoke court approval of
the supervisor upon finding, based on the evidence, that the
supervisor has failed to protect the child or is no longer willing or capable of protecting the child.
(j) If the court finds that the parent has met the burden of
rebutting the presumption under (g) of this subsection, the
court may allow a parent residing with a person who, as an
adult, has been convicted of a sex offense listed in (e)(i)
through (ix) of this subsection to have visitation with the
child in the presence of the convicted person supervised by a
neutral and independent adult and pursuant to an adequate
plan for supervision of such visitation. The court shall not
[Title 26 RCW—page 34]
approve of a supervisor for contact between the child and the
parent unless the court finds, based on the evidence, that the
supervisor is willing and capable of protecting the child from
harm. The court shall revoke court approval of the supervisor
upon finding, based on the evidence, that the supervisor has
failed to protect the child or is no longer willing or capable of
protecting the child.
(k) A court shall not order unsupervised contact between
the offending parent and a child of the offending parent who
was sexually abused by that parent. A court may order unsupervised contact between the offending parent and a child
who was not sexually abused by the parent after the presumption under (d) of this subsection has been rebutted and supervised visitation has occurred for at least two years with no
further arrests or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or chapter
9.68A RCW and (i) the sex offense of the offending parent
was not committed against a child of the offending parent,
and (ii) the court finds that unsupervised contact between the
child and the offending parent is appropriate and poses minimal risk to the child, after consideration of the testimony of a
state-certified therapist, mental health counselor, or social
worker with expertise in treating child sexual abuse victims
who has supervised at least one period of visitation between
the parent and the child, and after consideration of evidence
of the offending parent's compliance with community supervision requirements, if any. If the offending parent was not
ordered by a court to participate in treatment for sex offenders, then the parent shall obtain a psychosexual evaluation
conducted by a certified sex offender treatment provider or a
certified affiliate sex offender treatment provider indicating
that the offender has the lowest likelihood of risk to reoffend
before the court grants unsupervised contact between the parent and a child.
(l) A court may order unsupervised contact between the
parent and a child which may occur in the presence of a juvenile adjudicated of a sex offense listed in (e)(i) through (ix) of
this subsection who resides with the parent after the presumption under (e) of this subsection has been rebutted and supervised visitation has occurred for at least two years during
which time the adjudicated juvenile has had no further
arrests, adjudications, or convictions of sex offenses involving children under chapter 9A.44 RCW, RCW 9A.64.020, or
chapter 9.68A RCW, and (i) the court finds that unsupervised
contact between the child and the parent that may occur in the
presence of the adjudicated juvenile is appropriate and poses
minimal risk to the child, after consideration of the testimony
of a state-certified therapist, mental health counselor, or
social worker with expertise in treatment of child sexual
abuse victims who has supervised at least one period of visitation between the parent and the child in the presence of the
adjudicated juvenile, and after consideration of evidence of
the adjudicated juvenile's compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by a court to participate in treatment for
sex offenders, then the adjudicated juvenile shall obtain a
psychosexual evaluation conducted by a certified sex
offender treatment provider or a certified affiliate sex
offender treatment provider indicating that the adjudicated
juvenile has the lowest likelihood of risk to reoffend before
the court grants unsupervised contact between the parent and
(2004 Ed.)
Nonparental Actions for Child Custody
a child which may occur in the presence of the adjudicated
juvenile who is residing with the parent.
(m)(i) The limitations imposed by the court under (a) or
(b) of this subsection shall be reasonably calculated to protect
the child from the physical, sexual, or emotional abuse or
harm that could result if the child has contact with the parent
requesting visitation. If the court expressly finds based on
the evidence that limitations on visitation with the child will
not adequately protect the child from the harm or abuse that
could result if the child has contact with the parent requesting
visitation, the court shall restrain the person seeking visitation from all contact with the child.
(ii) The court shall not enter an order under (a) of this
subsection allowing a parent to have contact with a child if
the parent has been found by clear and convincing evidence
in a civil action or by a preponderance of the evidence in a
dependency action to have sexually abused the child, except
upon recommendation by an evaluator or therapist for the
child that the child is ready for contact with the parent and
will not be harmed by the contact. The court shall not enter
an order allowing a parent to have contact with the child in
the offender's presence if the parent resides with a person
who has been found by clear and convincing evidence in a
civil action or by a preponderance of the evidence in a dependency action to have sexually abused a child, unless the court
finds that the parent accepts that the person engaged in the
harmful conduct and the parent is willing to and capable of
protecting the child from harm from the person.
(iii) If the court limits visitation under (a) or (b) of this
subsection to require supervised contact between the child
and the parent, the court shall not approve of a supervisor for
contact between a child and a parent who has engaged in
physical, sexual, or a pattern of emotional abuse of the child
unless the court finds based upon the evidence that the supervisor accepts that the harmful conduct occurred and is willing
to and capable of protecting the child from harm. The court
shall revoke court approval of the supervisor upon finding,
based on the evidence, that the supervisor has failed to protect the child or is no longer willing to or capable of protecting the child.
(n) If the court expressly finds based on the evidence
that contact between the parent and the child will not cause
physical, sexual, or emotional abuse or harm to the child and
that the probability that the parent's or other person's harmful
or abusive conduct will recur is so remote that it would not be
in the child's best interests to apply the limitations of (a), (b),
and (m)(i) and (iii) of this subsection, or if the court expressly
finds that the parent's conduct did not have an impact on the
child, then the court need not apply the limitations of (a), (b),
and (m)(i) and (iii) of this subsection. The weight given to
the existence of a protection order issued under chapter 26.50
RCW as to domestic violence is within the discretion of the
court. This subsection shall not apply when (c), (d), (e), (f),
(g), (h), (i), (j), (k), (l), and (m)(ii) of this subsection apply.
(3) Any person may petition the court for visitation
rights at any time including, but not limited to, custody proceedings. The court may order visitation rights for any person when visitation may serve the best interest of the child
whether or not there has been any change of circumstances.
(4) The court may modify an order granting or denying
visitation rights whenever modification would serve the best
(2004 Ed.)
26.10.190
interests of the child. Modification of a parent's visitation
rights shall be subject to the requirements of subsection (2) of
this section.
(5) For the purposes of this section, a parent's child
means that parent's natural child, adopted child, or stepchild.
[2004 c 38 § 13; 1996 c 303 § 2; 1994 c 267 § 2; 1989 c 326
§ 2; 1987 c 460 § 44.]
Effective date—2004 c 38: See note following RCW 18.155.075.
Effective date—1996 c 303: See note following RCW 26.09.191.
Effective date—1994 c 267: See note following RCW 26.09.191.
26.10.170
26.10.170 Powers and duties of custodian—Supervision by appropriate agency when necessary. Except as
otherwise agreed by the parties in writing at the time of the
custody decree, the custodian may determine the child's
upbringing, including education, health care, and religious
training, unless the court after hearing, finds, upon motion by
the noncustodial parent, that in the absence of a specific limitation of the custodian's authority, the child's physical, mental, or emotional health would be endangered.
If both parents or all contestants agree to the order, or if
the court finds that in the absence of the order the child's
physical, mental, or emotional health would be endangered,
the court may order an appropriate agency which regularly
deals with children to exercise continuing supervision over
the case to assure that the custodial or visitation terms of the
decree are carried out. Such order may be modified by the
court at any time upon petition by either party. [1987 c 460 §
45.]
26.10.180
26.10.180 Remedies when a child is taken, enticed, or
concealed. A relative, as defined in RCW 9A.40.010, may
bring civil action against any other relative who, with intent
to deny access to a child by another relative of the child who
has a right to physical custody of or visitation with the child,
takes, entices, or conceals the child from that relative. The
plaintiff may be awarded, in addition to any damages
awarded by the court, the reasonable expenses incurred by
the plaintiff in locating the child, including, but not limited
to, investigative services and reasonable attorneys' fees.
[1989 c 375 § 21; 1987 c 460 § 46.]
Severability—1989 c 375: See RCW 26.09.914.
26.10.190
26.10.190 Petitions for modification and proceedings
concerning relocation of child—Assessment of attorneys'
fees. (1) The court shall hear and review petitions for modifications of a parenting plan, custody order, visitation order,
or other order governing the residence of a child, and conduct
any proceedings concerning a relocation of the residence
where the child resides a majority of the time, pursuant to
chapter 26.09 RCW.
(2) If the court finds that a motion to modify a prior custody decree has been brought in bad faith, the court shall
assess the attorney's fees and court costs of the custodian
against the petitioner. [2000 c 21 § 21; 1989 c 375 § 24; 1987
c 460 § 47.]
Applicability—2000 c 21: See RCW 26.09.405.
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
Severability—1989 c 375: See RCW 26.09.914.
[Title 26 RCW—page 35]
26.10.195
Title 26 RCW: Domestic Relations
26.10.195 Modification of child support order—
Child support order summary report. The party seeking
the establishment or modification of a child support order
shall file with the clerk of the court the child support order
summary report. The summary report shall be on the form
developed by the administrator for the courts pursuant to
RCW 26.18.210. The party must complete the form and file
the form with the court order. The clerk of the court must forward the form to the administrator for the courts on at least a
monthly basis. [1990 1st ex.s. c 2 § 24.]
26.10.195
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.10.200
26.10.200 Temporary custody order or modification
of custody decree—Affidavits required. A party seeking a
temporary custody order or modification of a custody decree
shall submit together with his or her motion, an affidavit setting forth facts supporting the requested order or modification and shall give notice, together with a copy of the affidavit, to other parties to the proceedings, who may file opposing
affidavits. The court shall deny the motion unless it finds that
adequate cause for hearing the motion is established by the
affidavits, in which case it shall set a date for hearing on an
order to show cause why the requested order or modification
should not be granted. [1987 c 460 § 48.]
26.10.210 Venue. Every action or proceeding to
change, modify, or enforce any final order, judgment, or
decree heretofore or hereafter entered, whether under this
chapter or prior law, in relation to the care, custody, control,
or support of the minor children may be brought in the county
where the minor children are then residing, or in the court in
which the final order, judgment, or decree was entered, or in
the county where the parent or other person who has the care,
custody, or control of the children is then residing. [1987 c
460 § 49.]
26.10.210
(3) A peace officer shall verify the existence of a
restraining order by:
(a) Obtaining information confirming the existence and
terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to be
an accurate copy of the original by a notary public or by the
clerk of the court.
(4) A peace officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has probable cause to believe that:
(a) A restraining order has been issued under this chapter;
(b) The respondent or person to be restrained knows of
the order; and
(c) The person to be arrested has violated the terms of the
order restraining the person from acts or threats of violence or
restraining the person from going onto the grounds of or
entering the residence, workplace, school, or day care of
another, or prohibiting the person from knowingly coming
within, or knowingly remaining within, a specified distance
of a location.
(5) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law or
court rule.
(6) No peace officer may be held criminally or civilly
liable for making an arrest under subsection (4) of this section
if the officer acts in good faith and without malice. [2000 c
119 § 22; 1999 c 184 § 11; 1996 c 248 § 10; 1995 c 246 § 30;
1987 c 460 § 50.]
Application—2000 c 119: See note following RCW 26.50.021.
Short title—Severability—1999 c 184: See RCW 26.52.900 and
26.52.902.
Severability—1995 c 246: See note following RCW 26.50.010.
26.10.910
26.10.220
26.10.220 Restraining orders—Notice—Refusal to
comply—Arrest—Penalty—Defense—Peace officers,
immunity. (1) Whenever a restraining order is issued under
this chapter, and the person to be restrained knows of the
order, a violation of the provisions restricting the person from
acts or threats of violence or of a provision restraining the
person from going onto the grounds of or entering the residence, workplace, school, or day care of another, or prohibiting the person from knowingly coming within, or knowingly
remaining within, a specified distance of a location, is punishable under RCW 26.50.110.
(2) A person is deemed to have notice of a restraining
order if:
(a) The person to be restrained or the person's attorney
signed the order;
(b) The order recites that the person to be restrained or
the person's attorney appeared in person before the court;
(c) The order was served upon the person to be
restrained; or
(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person
a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of
the court.
[Title 26 RCW—page 36]
See RCW
26.10.911
See RCW
26.10.912
See RCW
26.10.913
See RCW
26.10.910 Short title—1987 c 460.
26.09.910.
26.10.911 Section captions—1987 c 460.
26.09.911.
26.10.912 Effective date—1987 c 460.
26.09.912.
26.10.913 Severability—1987 c 460.
26.09.913.
Chapter 26.12
Chapter 26.12 RCW
FAMILY COURT
Sections
26.12.010
26.12.020
26.12.030
26.12.040
26.12.050
26.12.060
26.12.070
26.12.080
26.12.160
Jurisdiction conferred on superior court—Family court proceeding defined.
Designation of judge—Number of sessions.
Transfer of cases to presiding judge.
Substitute judge of family court.
Family courts—Appointment of assistants.
Court commissioners—Duties.
Probation officers—Powers and duties.
Protection of privacy of parties.
When and where court may be convened.
(2004 Ed.)
Family Court
26.12.170
26.12.172
26.12.175
26.12.177
26.12.180
26.12.183
26.12.185
26.12.187
26.12.190
26.12.205
26.12.215
26.12.220
26.12.230
26.12.240
26.12.800
26.12.802
26.12.804
Authority of family court judges and court commissioners to
order or recommend services—Report by court of child
abuse or neglect.
Parenting seminars—Rules.
Appointment of guardian ad litem—Independent investigation—Court-appointed special advocate program—Background information—Review of appointment.
Guardians ad litem and investigators—Training—Registry—
Subregistry—Selection—Substitution—Exceptions.
Guardian ad litem, special advocate, or investigator—Information discoverable—Confidentiality.
Guardian ad litem or investigator—Fees.
Guardian ad litem, special advocate, or investigator—Release
of information.
Guardian ad litem, special advocate, or investigator—Ex parte
communications—Removal.
Family court jurisdiction as to pending actions—Use of family
court services.
Priority for proceedings involving children.
Revision by the superior court.
Funding family court or family court services—Increase in
marriage license fee authorized—Family court services program—Fees.
Joint family court services.
Courthouse facilitator program—Fee or surcharge.
Family court pilot program—Legislative recognition.
Family court pilot program—Created.
Family court pilot program—Rules.
Dissolution of marriage, legal separation, declarations concerning validity
of marriage: Chapter 26.09 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
Nonparental actions for child custody: Chapter 26.10 RCW.
26.12.010
26.12.010 Jurisdiction conferred on superior court—
Family court proceeding defined. Each superior court shall
exercise the jurisdiction conferred by this chapter and while
sitting in the exercise of such jurisdiction shall be known and
referred to as the "family court." A family court proceeding
under this chapter is: (1) Any proceeding under this title or
any proceeding in which the family court is requested to adjudicate or enforce the rights of the parties or their children
regarding the determination or modification of parenting
plans, child custody, visitation, or support, or the distribution
of property or obligations, or (2) concurrent with the juvenile
court, any proceeding under Title 13 or chapter 28A.225
RCW. [1999 c 397 § 6; 1994 sp.s. c 7 § 537; 1991 c 367 § 11;
1983 c 219 § 1; 1949 c 50 § 1; Rem. Supp. 1949 § 997-30.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.060
insure the prompt consideration of the case. When any case is
so transferred, the judge to whom it is transferred shall act as
the judge of the family court in the matter. [1949 c 50 § 3;
Rem. Supp. 1949 § 997-32.]
26.12.040
26.12.040 Substitute judge of family court. In counties having more than one judge of the superior court the presiding judge may appoint a judge other than the judge of the
family court to act as judge of the family court during any
period when the judge of the family court is on vacation,
absent, or for any reason unable to perform his duties. Any
judge so appointed shall have all the powers and authority of
a judge of the family court in cases under this chapter. [1949
c 50 § 4; Rem. Supp. 1949 § 997-33.]
26.12.050
26.12.050 Family courts—Appointment of assistants.
(1) Except as provided in subsection (2) of this section, in
each county the superior court may appoint the following
persons to assist the family court in disposing of its business:
(a) One or more attorneys to act as family court commissioners, and
(b) Such investigators, stenographers and clerks as the
court shall find necessary to carry on the work of the family
court.
(2) The county legislative authority must approve the
creation of family court commissioner positions.
(3) The appointments provided for in this section shall be
made by majority vote of the judges of the superior court of
the county and may be made in addition to all other appointments of commissioners and other judicial attaches otherwise
authorized by law. Family court commissioners and investigators shall serve at the pleasure of the judges appointing
them and shall receive such compensation as the county legislative authority shall determine. The appointments may be
full or part-time positions. A person appointed as a family
court commissioner may also be appointed to any other commissioner position authorized by law. [1993 c 15 § 1; 1991 c
363 § 17; 1989 c 199 § 1; 1965 ex.s. c 83 § 1; 1949 c 50 § 5;
Rem. Supp. 1949 § 997-34.]
Effective date—1993 c 15: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 12, 1993]." [1993 c 15 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
26.12.020
26.12.020 Designation of judge—Number of sessions.
In counties having more than one judge of the superior court
the judges of such court shall annually, in the month of January, designate one or more of their number to hear all cases
under this chapter. The judge or judges so designated shall
hold as many sessions of the family court in each week as are
necessary for the prompt disposition of matters before the
court. [1949 c 50 § 2; Rem. Supp. 1949 § 997-31.]
26.12.030
26.12.030 Transfer of cases to presiding judge. The
judge of the family court may transfer any case before the
family court pursuant to this chapter to the department of the
presiding judge of the superior court for assignment for trial
or other proceedings by another judge of the court, whenever
in the opinion of the judge of the family court such transfer is
necessary to expedite the business of the family court or to
(2004 Ed.)
Court
clerks, reporters, and bailiffs: Chapter 2.32 RCW.
commissioners and referees: Chapter 2.24 RCW.
26.12.060
26.12.060 Court commissioners—Duties. The court
commissioners shall: (1) Make appropriate referrals to
county family court services program if the county has a family court services program or appoint a guardian ad litem pursuant to RCW 26.12.175; (2) order investigation and reporting of the facts upon which to base warrants, subpoenas,
orders or directions in actions or proceedings under this chapter; (3) exercise all the powers and perform all the duties of
court commissioners; (4) make written reports of all proceedings had which shall become a part of the record of the family
court; (5) provide supervision over the exercise of its jurisdiction as the judge of the family court may order; (6) cause
[Title 26 RCW—page 37]
26.12.070
Title 26 RCW: Domestic Relations
the orders and findings of the family court to be entered in the
same manner as orders and findings are entered in cases in
the superior court; (7) cause other reports to be made and
records kept as will indicate the value and extent of reconciliation, mediation, investigation, and treatment services; and
(8) conduct hearings under Title 13 and chapter 28A.225
RCW, as provided in RCW 13.04.021. [1999 c 397 § 7; 1993
c 289 § 3; 1991 c 367 § 12; 1988 c 232 § 4; 1949 c 50 § 6;
Rem. Supp. 1949 § 997-35.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.070
26.12.070 Probation officers—Powers and duties.
The probation officer in every county shall give such assistance to the family court as may be requested to carry out the
purposes of this chapter and to that end the probation officer
shall, upon request, make investigations and reports as
requested, and in cases pursuant to this chapter shall exercise
all the powers and perform all the duties granted or imposed
by the laws of this state relating to probation or to probation
officers. [1949 c 50 § 7; Rem. Supp. 1949 § 997-36.]
Indeterminate sentences: Chapter 9.95 RCW.
Probation officers—Appointment—Powers—Compensation: RCW
13.04.040.
26.12.080
26.12.080 Protection of privacy of parties. Whenever
the court before whom any matter arising under this chapter
is pending, deems publication of any matter before the court
contrary to public policy or injurious to the interests of children or to the public morals, the court may by order close the
files or any part thereof in the matter and make such other
orders to protect the privacy of the parties as is necessary.
[1989 c 375 § 22; 1949 c 50 § 8; Rem. Supp. 1949 § 997-37.]
Severability—1989 c 375: See RCW 26.09.914.
26.12.160
26.12.160 When and where court may be convened.
For the purpose of conducting hearings pursuant to this chapter the family court may be convened at any time and place
within the county and the hearing may be had in chambers or
otherwise. [1949 c 50 § 16; Rem. Supp. 1949 § 997-45.]
26.12.170
26.12.170 Authority of family court judges and court
commissioners to order or recommend services—Report
by court of child abuse or neglect. To facilitate and promote the purposes of this chapter, family court judges and
court commissioners may order or recommend family court
services, parenting seminars, drug and alcohol abuse evaluations and monitoring of the parties through public or private
treatment services, other treatment services, the aid of physicians, psychiatrists, other specialists, or other services or may
recommend the aid of the pastor or director of any religious
denomination to which the parties may belong.
If the court has reasonable cause to believe that a child of
the parties has suffered abuse or neglect it may file a report
with the proper law enforcement agency or the department of
social and health services as provided in RCW 26.44.040.
Upon receipt of such a report the law enforcement agency or
the department of social and health services will conduct an
investigation into the cause and extent of the abuse or
neglect. The findings of the investigation may be made avail[Title 26 RCW—page 38]
able to the court if ordered by the court as provided in RCW
42.17.310(3). The findings shall be restricted to the issue of
abuse and neglect and shall not be considered custody investigations. [1994 c 267 § 3; 1991 c 367 § 13; 1983 c 219 § 5;
1971 ex.s. c 151 § 2; 1949 c 50 § 17; Rem. Supp. 1949 §
997-46.]
Effective date—1994 c 267: See note following RCW 26.09.191.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.172
26.12.172 Parenting seminars—Rules. Any court
rules adopted for the implementation of parenting seminars
shall include the following provisions:
(1) In no case shall opposing parties be required to attend
seminars together;
(2) Upon a showing of domestic violence or abuse which
would not require mutual decision making pursuant to RCW
26.09.191, or that a parent's attendance at the seminar is not
in the children's best interests, the court shall either:
(a) Waive the requirement of completion of the seminar;
or
(b) Provide an alternative, voluntary parenting seminar
for battered spouses; and
(3) The court may waive the seminar for good cause.
[1994 c 267 § 5.]
Effective date—1994 c 267: See note following RCW 26.09.191.
26.12.175
26.12.175 Appointment of guardian ad litem—Independent investigation—Court-appointed special advocate
program—Background information—Review of appointment. (1)(a) The court may appoint a guardian ad litem to
represent the interests of a minor or dependent child when the
court believes the appointment of a guardian ad litem is necessary to protect the best interests of the child in any proceeding under this chapter. The family court services professionals may also make a recommendation to the court regarding
whether a guardian ad litem should be appointed for the
child. The court may appoint a guardian ad litem from the
court-appointed special advocate program, if that program
exists in the county.
(b) Unless otherwise ordered, the guardian ad litem's role
is to investigate and report factual information to the court
concerning parenting arrangements for the child, and to represent the child's best interests. Guardians ad litem and investigators under this title may make recommendations based
upon an independent investigation regarding the best interests of the child, which the court may consider and weigh in
conjunction with the recommendations of all of the parties. If
a child expresses a preference regarding the parenting plan,
the guardian ad litem shall report the preferences to the court,
together with the facts relative to whether any preferences are
being expressed voluntarily and the degree of the child's
understanding. The court may require the guardian ad litem
to provide periodic reports to the parties regarding the status
of his or her investigation. The guardian ad litem shall file his
or her report at least sixty days prior to trial.
(c) The parties to the proceeding may file with the court
written responses to any report filed by the guardian ad litem
or investigator. The court shall consider any written
responses to a report filed by the guardian ad litem or inves(2004 Ed.)
Family Court
tigator, including any factual information or recommendations provided in the report.
(d) The court shall enter an order for costs, fees, and disbursements to cover the costs of the guardian ad litem. The
court may order either or both parents to pay for the costs of
the guardian ad litem, according to their ability to pay. If both
parents are indigent, the county shall bear the cost of the
guardian, subject to appropriation for guardians' ad litem services by the county legislative authority. Guardians ad litem
who are not volunteers shall provide the parties with an itemized accounting of their time and billing for services each
month.
(2)(a) If the guardian ad litem appointed is from the
county court-appointed special advocate program, the program shall supervise any guardian ad litem assigned to the
case. The court-appointed special advocate program shall be
entitled to notice of all proceedings in the case.
(b) The legislative authority of each county may authorize creation of a court-appointed special advocate program.
The county legislative authority may adopt rules of eligibility
for court-appointed special advocate program services.
(3) Each guardian ad litem program shall maintain a
background information record for each guardian ad litem in
the program. The background file shall include, but is not
limited to, the following information:
(a) Level of formal education;
(b) Training related to the guardian's duties;
(c) Number of years' experience as a guardian ad litem;
(d) Number of appointments as a guardian ad litem and
county or counties of appointment;
(e) The names of any counties in which the person was
removed from a guardian ad litem registry pursuant to a
grievance action, and the name of the court and the cause
number of any case in which the court has removed the person for cause; and
(f) Criminal history, as defined in RCW 9.94A.030.
The background information report shall be updated
annually. As a condition of appointment, the guardian ad
litem's background information record shall be made available to the court. If the appointed guardian ad litem is not a
member of a guardian ad litem program the person shall provide the background information to the court.
Upon appointment, the guardian ad litem, or guardian ad
litem program, shall provide the parties or their attorneys
with a statement containing: His or her training relating to
the duties as a guardian ad litem; the name of any counties in
which the person was removed from a guardian ad litem registry pursuant to a grievance action, and the name of the court
and the cause number of any case in which the court has
removed the person for cause; and his or her criminal history
as defined in RCW 9.94A.030 for the period covering ten
years prior to the appointment. The background statement
shall not include identifying information that may be used to
harm a guardian ad litem, such as home addresses and home
telephone numbers, and for volunteer guardians ad litem the
court may allow the use of maiden names or pseudonyms as
necessary for their safety.
(4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program
shall give the court the name of the person it recommends and
the appointment shall be effective immediately. The court
(2004 Ed.)
26.12.177
shall appoint the person recommended by the program. If a
party in a case reasonably believes the court-appointed special advocate or volunteer is inappropriate or unqualified, the
party may request a review of the appointment by the program. The program must complete the review within five
judicial days and remove any appointee for good cause. If the
party seeking the review is not satisfied with the outcome of
the review, the party may file a motion with the court for the
removal of the court-appointed special advocate on the
grounds the advocate or volunteer is inappropriate or unqualified. [2000 c 124 § 6; 1996 c 249 § 15; 1993 c 289 § 4; 1991
c 367 § 17.]
Grievance rules—2000 c 124: See note following RCW 11.88.090.
Intent—1996 c 249: See note following RCW 2.56.030.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.177
26.12.177 Guardians ad litem and investigators—
Training—Registry—Subregistry—Selection—Substitution—Exceptions. (1) All guardians ad litem and investigators appointed under this title must comply with the training
requirements established under RCW 2.56.030(15), prior to
their appointment in cases under Title 26 RCW, except that
volunteer guardians ad litem or court-appointed special advocates may comply with alternative training requirements
approved by the office of the administrator for the courts that
meet or exceed the statewide requirements.
(2)(a) Each guardian ad litem program for compensated
guardians ad litem shall establish a rotational registry system
for the appointment of guardians ad litem and investigators
under this title. If a judicial district does not have a program
the court shall establish the rotational registry system. Guardians ad litem and investigators under this title shall be
selected from the registry except in exceptional circumstances as determined and documented by the court. The parties may make a joint recommendation for the appointment of
a guardian ad litem from the registry.
(b) In judicial districts with a population over one hundred thousand, a list of three names shall be selected from the
registry and given to the parties along with the background
information as specified in RCW 26.12.175(3), including
their hourly rate for services. Each party may, within three
judicial days, strike one name from the list. If more than one
name remains on the list, the court shall make the appointment from the names on the list. In the event all three names
are stricken the person whose name appears next on the registry shall be appointed.
(c) If a party reasonably believes that the appointed
guardian ad litem lacks the necessary expertise for the proceeding, charges an hourly rate higher than what is reasonable for the particular proceeding, or has a conflict of interest,
the party may, within three judicial days from the appointment, move for substitution of the appointed guardian ad
litem by filing a motion with the court.
(d) Under this section, within either registry referred to
in (a) of this subsection, a subregistry may be created that
consists of guardians ad litem under contract with the department of social and health services' division of child support.
Guardians ad litem on such a subregistry shall be selected and
appointed in state-initiated paternity cases only.
[Title 26 RCW—page 39]
26.12.180
Title 26 RCW: Domestic Relations
(e) The superior court shall remove any person from the
guardian ad litem registry who misrepresents his or her qualifications pursuant to a grievance procedure established by
the court.
(3) The rotational registry system shall not apply to
court-appointed special advocate programs. [2000 c 124 § 7;
1997 c 41 § 7; 1996 c 249 § 18.]
the county where the matter is heard. The court, upon its own
motion, or upon the motion of a party, may consider the
removal of any guardian ad litem, court-appointed special
advocate, or investigator who violates this section from any
pending case or from any court-authorized registry, and if so
removed may require forfeiture of any fees for professional
services on the pending case. [2000 c 124 § 12.]
Intent—1996 c 249: See note following RCW 2.56.030.
26.12.190 Family court jurisdiction as to pending
actions—Use of family court services. (1) The family court
shall have jurisdiction and full power in all pending cases to
make, alter, modify, and enforce all temporary and permanent orders regarding the following: Parenting plans, child
support, custody of children, visitation, possession of property, maintenance, contempt, custodial interference, and
orders for attorneys' fees, suit money or costs as may appear
just and equitable. Court commissioners or judges shall not
have authority to require the parties to mediate disputes concerning child support.
(2) Family court investigation, evaluation, mediation,
treatment, and reconciliation services, and any other services
may be used to assist the court to develop an order as the
court deems necessary to preserve the marriage, implement
an amicable settlement, and resolve the issues in controversy.
[1991 c 367 § 14; 1983 c 219 § 7; 1949 c 50 § 19; Rem. Supp.
1949 § 997-48.]
26.12.190
26.12.180
26.12.180 Guardian ad litem, special advocate, or
investigator—Information discoverable—Confidentiality. All information, records, and reports obtained or created
by a guardian ad litem, court-appointed special advocate, or
investigator under this title shall be discoverable pursuant to
statute and court rule. The guardian ad litem, court-appointed
special advocate, or investigator shall not release private or
confidential information to any nonparty except pursuant to a
court order signed by a judge. The guardian ad litem, courtappointed special advocate, or investigator may share private
or confidential information with experts or staff he or she has
retained as necessary to perform the duties of guardian ad
litem, court-appointed special advocate, or investigator. Any
expert or staff retained are subject to the confidentiality rules
governing the guardian ad litem, court-appointed special
advocate, or investigator. Nothing in this section shall be
interpreted to authorize disclosure of guardian ad litem
records in personal injury actions. [2000 c 124 § 8.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.183
26.12.183 Guardian ad litem or investigator—Fees.
Except for guardians ad litem appointed by the court from the
subregistry created under RCW 26.12.177(2)(d), the court
shall specify the hourly rate the guardian ad litem or investigator under this title may charge for his or her services, and
shall specify the maximum amount the guardian ad litem or
investigator under this title may charge without additional
court review and approval. The court shall specify rates and
fees in the order of appointment or at the earliest date the
court is able to determine the appropriate rates and fees and
prior to the guardian ad litem billing for his or her services.
This section shall apply except as provided by local court
rule. [2000 c 124 § 15.]
26.12.205 Priority for proceedings involving children. The family court shall give proceedings involving
children priority over cases without children. [1991 c 367 §
16.]
26.12.205
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.215 Revision by the superior court. All acts and
proceedings of the court commissioners shall be subject to
revision by the superior court as provided in RCW 2.24.050.
[1991 c 367 § 18.]
26.12.215
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.185
26.12.185 Guardian ad litem, special advocate, or
investigator—Release of information. A guardian ad litem,
court-appointed special advocate, or investigator under this
title appointed under this chapter may release confidential
information, records, and reports to the office of the family
and children's ombudsman for the purposes of carrying out its
duties under chapter 43.06A RCW. [2000 c 124 § 9; 1999 c
390 § 4.]
26.12.187
26.12.187 Guardian ad litem, special advocate, or
investigator—Ex parte communications—Removal. A
guardian ad litem, court-appointed special advocate, or investigator shall not engage in ex parte communications with any
judicial officer involved in the matter for which he or she is
appointed during the pendency of the proceeding, except as
permitted by court rule or statute for ex parte motions. Ex
parte motions shall be heard in open court on the record. The
record may be preserved in a manner deemed appropriate by
[Title 26 RCW—page 40]
26.12.220
26.12.220 Funding family court or family court services—Increase in marriage license fee authorized—
Family court services program—Fees. (1) The legislative
authority of any county may authorize family court services
as provided in RCW 26.12.230. The legislative authority may
impose a fee in excess of that prescribed in RCW 36.18.010
for the issuance of a marriage license. The fee shall not
exceed eight dollars.
(2) In addition to any other funds used therefor, the governing body of any county shall use the proceeds from the fee
increase authorized by this section to pay the expenses of the
family court and the family court services under chapter
26.12 RCW. If there is no family court in the county, the legislative authority may provide such services through other
county agencies or may contract with a public or private
agency or person to provide such services. Family court services also may be provided jointly with other counties as provided in RCW 26.12.230.
(2004 Ed.)
Family Court
(3) The family court services program may hire professional employees to provide the investigation, evaluation and
reporting, and mediation services, or the county may contract
for these services, or both. To facilitate and promote the purposes of this chapter, the court may order or recommend the
aid of physicians, psychiatrists, or other specialists.
(4) The family court services program may provide or
contract for: (a) Mediation; (b) investigation, evaluation, and
reporting to the court; and (c) reconciliation; and may provide a referral mechanism for drug and alcohol testing, monitoring, and treatment; and any other treatment, parenting, or
anger management programs the family court professional
considers necessary or appropriate.
(5) Services other than family court investigation, evaluation, reconciliation, and mediation services shall be at the
expense of the parties involved absent a court order to the
contrary. The parties shall bear all or a portion of the cost of
parenting seminars and family court investigation, evaluation, reconciliation, and mediation services according to the
parties' ability to pay.
(6) The county legislative authority may establish rules
of eligibility for the family court services funded under this
section. The rules shall not conflict with rules of the court
adopted under chapter 26.12 RCW or any other statute.
(7) The legislative authority may establish fees for family court investigation, evaluation, reconciliation, and mediation services under this chapter according to the parties' ability to pay for the services. Fees collected under this section
shall be collected and deposited in the same manner as other
county funds are collected and deposited, and shall be maintained in a separate account to be used as provided in this section. [1994 c 267 § 4; 1991 c 367 § 15; 1980 c 124 § 1.]
Effective date—1994 c 267: See note following RCW 26.09.191.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.802
(4) The provisions of this chapter relating to family court
services provided by a single county are equally applicable to
counties which contract, under this section, to provide joint
family court services. [1986 c 95 § 3.]
26.12.240
26.12.240 Courthouse facilitator program—Fee or
surcharge. A county may create a courthouse facilitator program to provide basic services to pro se litigants in family
law cases. The legislative authority of any county may
impose user fees or may impose a surcharge of up to ten dollars on only those superior court cases filed under Title 26
RCW, or both, to pay for the expenses of the courthouse
facilitator program. Fees collected under this section shall be
collected and deposited in the same manner as other county
funds are collected and deposited, and shall be maintained in
a separate account to be used as provided in this section.
[1993 c 435 § 2.]
26.12.800
26.12.800 Family court pilot program—Legislative
recognition. The legislature recognizes the increasing incidence of concurrent involvement of family members in multiple areas of the justice system. Analysis shows significant
case overlap in the case types of juvenile offender, juvenile
dependency, at-risk youth, child in need of services, truancy,
domestic violence, and domestic relations. Also recognized is
the increased complexity of the problems facing family members and the increased complexity of the laws affecting families. It is believed that in such situations, an efficient and
effective response is through the creation of a unified court
system centered around the family that: Provides a dedicated, trained, and informed judiciary; incorporates case
management practices based on a family's judicial system
needs; enables multiple case type resolution by one judicial
officer or judicial team; provides coordinated legal and social
services; and considers and evaluates the needs of the family
as a whole. [1999 c 397 § 1.]
26.12.230
26.12.230 Joint family court services. (1) Any county
may contract under chapter 39.34 RCW with any other
county or counties to provide joint family court services.
(2) Any agreement between two or more counties for the
operation of a joint family court service may provide that the
treasurer of one participating county shall be the custodian of
moneys made available for the purposes of the joint services,
and that the treasurer may make payments from the moneys
upon proper authorization.
(3) Any agreement between two or more counties for the
operation of a joint family court service may also provide:
(a) For the joint provision or operation of services and
facilities or for the provision or operation of services and
facilities by one participating county under contract for the
other participating counties;
(b) For appointments of members of the staff of the family court including the supervising counselor;
(c) That, for specified purposes, the members of the staff
of the family court including the supervising counselor, but
excluding the judges of the family court and other court personnel, shall be considered to be employees of one participating county;
(d) For other matters as are necessary to carry out the
purposes of this chapter.
(2004 Ed.)
26.12.802
26.12.802 Family court pilot program—Created.
The administrator for the courts shall conduct a unified family court pilot program.
(1) Pilot program sites shall be selected through a request
for proposal process, and shall be established in no more than
three superior court judicial districts.
(2) To be eligible for consideration as a pilot project site,
judicial districts must have a statutorily authorized judicial
complement of at least five judges.
(3) The administrator for the courts shall develop criteria
for the unified family court pilot program. The pilot program
shall include:
(a) All case types under Title 13 RCW, chapters 26.09,
26.10, 26.12, 26.18, 26.19, 26.20, 26.26, 26.50, 26.27, and
28A.225 RCW;
(b) Unified family court judicial officers, who volunteer
for the program, and meet training requirements established
by local court rule;
(c) Case management practices that provide a flexible
response to the diverse court-related needs of families
involved in multiple areas of the justice system. Case management practices should result in a reduction in process
redundancies and an efficient use of time and resources, and
[Title 26 RCW—page 41]
26.12.804
Title 26 RCW: Domestic Relations
create a system enabling multiple case type resolution by one
judicial officer or judicial team;
(d) A court facilitator to provide assistance to parties
with matters before the unified family court; and
(e) An emphasis on providing nonadversarial methods of
dispute resolution such as a settlement conference, evaluative
mediation by attorney mediators, and facilitative mediation
by nonattorney mediators.
(4) The office of the administrator for the courts shall
publish and disseminate a state-approved listing of definitions of nonadversarial methods of dispute resolution so that
court officials, practitioners, and users can choose the most
appropriate process for the matter at hand.
(5) The office of the administrator for the courts shall
provide to the judicial districts selected for the pilot program
the computer resources needed by each judicial district to
implement the unified family court pilot program.
(6) The office of the administrator for the courts shall
conduct a study of the pilot program measuring improvements in the judicial system's response to family involvement
in the judicial system. The administrator for the courts shall
report preliminary findings and final results of the study to
the governor, the chief justice of the supreme court, and the
legislature on a biennial basis. The initial report is due by July
1, 2000, and the final report is due by December 1, 2004.
[1999 c 397 § 2.]
26.12.804 Family court pilot program—Rules. The
judges of the superior court judicial districts with unified
family court pilot programs shall adopt local court rules
directing the program. The local court rules shall comply
with the criteria established by the administrator for the
courts and shall include:
(1) A requirement that all judicial officers hearing cases
in unified family court:
(a) Complete an initial training program including the
topic areas of childhood development, domestic violence,
cultural awareness, child abuse and neglect, chemical dependency, and mental illness; and
(b) Subsequent to the training in (a) of this subsection,
annually attend a minimum of eight hours of continuing education of pertinence to the unified family court;
(2) Case management that is based on the practice of one
judge or judicial team handling all matters relating to a family;
(3) An emphasis on coordinating or consolidating, to the
extent possible, all cases before the unified family court relating to a family; and
(4) Programs that provide for record confidentiality to
protect the confidentiality of court records in accordance with
the law. However law enforcement agencies shall have
access to the records to the extent permissible under the law.
[1999 c 397 § 3.]
26.12.804
Chapter 26.16 RCW
HUSBAND AND WIFE—RIGHTS AND
LIABILITIES—COMMUNITY PROPERTY
Chapter 26.16
Sections
26.16.010
26.16.020
Separate property of husband.
Separate property of wife.
[Title 26 RCW—page 42]
26.16.030
26.16.040
26.16.050
26.16.060
26.16.070
26.16.080
26.16.090
26.16.095
26.16.100
26.16.110
26.16.120
26.16.125
26.16.140
26.16.150
26.16.160
26.16.180
26.16.190
26.16.200
26.16.205
26.16.210
26.16.220
26.16.230
26.16.240
26.16.250
Community property defined—Management and control.
Community realty subject to liens, execution.
Conveyances between husband and wife.
Power of attorney between husband and wife.
Powers of attorney as to separate estate.
Execution of conveyance under power.
Powers of attorney as to community estate.
Purchaser of community real property protected by record
title.
Claim of spouse in community realty to be filed.
Cloud on title—Removal.
Agreements as to status.
Custody of children.
Earnings and accumulations of husband and wife living apart,
minor children.
Rights of married persons in general.
Civil disabilities of wife abolished.
Husband and wife may sue each other.
Liability for acts of other spouse.
Antenuptial and separate debts, liability for—Child support
obligation, liability for.
Liability for family support—Termination of support obligation of stepparent, when.
Burden of proof in transactions between husband and wife.
Quasi-community property defined.
Quasi-community property—Disposition at death.
Quasi-community property—Effect of lifetime transfers—
Claims by surviving spouse—Waiver.
Quasi-community property—Characterization limited to
determination of disposition at death—Waiver by written
agreement.
Assignment of future wages invalid without written consent of spouse: RCW
49.48.100.
Banks and trust companies—Deposits: Chapter 30.20 RCW.
Cemeteries, morgues and human remains—Title and rights to cemetery
plots: Chapter 68.32 RCW.
Crimes and punishment
bigamy: RCW 9A.64.010.
homicide by other person, when justifiable: RCW 9A.16.030.
libel, slander: Chapter 9.58 RCW.
Labor relations
child labor: Chapter 49.12 RCW.
hours of labor: Chapter 49.28 RCW.
Mental illness: Chapter 71.05 RCW.
Parties to actions—Husband and wife: RCW 4.08.030 and 4.08.040.
Privileged communications: RCW 5.60.060.
Probate and trust law: Title 11 RCW.
Public assistance: Title 74 RCW.
Public health and safety—Vital statistics: Chapter 70.58 RCW.
Tenancy in dower and by curtesy abolished: RCW 11.04.060.
Unemployment compensation, benefits and claims: Chapter 50.20 RCW.
Worker's compensation
actions at law for injury or death: Chapter 51.24 RCW.
right to and amount: Chapter 51.32 RCW.
26.16.010 Separate property of husband. Property
and pecuniary rights owned by the husband before marriage
and that acquired by him afterwards by gift, bequest, devise
or descent, with the rents, issues and profits thereof, shall not
be subject to the debts or contracts of his wife, and he may
manage, lease, sell, convey, encumber or devise by will such
property without the wife joining in such management, alienation or encumbrance, as fully and to the same effect as
though he were unmarried. [Code 1881 § 2408; RRS § 6890.
Prior: See Reviser's note below.]
26.16.010
Reviser's note: For prior laws dealing with this subject see Laws 1879
pp 77-81; 1873 pp 450-455; 1871 pp 67-74; 1869 pp 318-323.
Construction: "The rule of common law that statutes in derogation
thereof are to be strictly construed has no application to this chapter. This
chapter establishes the law of the state respecting the subject to which it
relates, and its provisions and all proceedings under it shall be liberally con(2004 Ed.)
Husband and Wife—Rights and Liabilities—Community Property
strued with a view to effect its object." [Code 1881 § 2417.]
"This chapter shall not be construed to operate retrospectively and any
right established, accrued or accruing or in any thing done prior to the time
this chapter goes into effect shall be governed by the law in force at the time
such right was established or accrued." [Code 1881 § 2418.] This applies to
RCW 26.16.010 through 26.16.040, 26.16.060, 26.16.120, 26.16.140
through 26.16.160, and 26.16.180 through 26.16.210.
Descent of separate real property: RCW 11.04.015.
Distribution of separate personal estate: RCW 11.04.015.
Rights of married persons in general: RCW 26.16.150.
26.16.020 Separate property of wife. The property
and pecuniary rights of every married woman at the time of
her marriage or afterwards acquired by gift, devise or inheritance, with the rents, issues and profits thereof, shall not be
subject to the debts or contracts of her husband, and she may
manage, lease, sell, convey, encumber or devise by will such
property to the same extent and in the same manner that her
husband can, property belonging to him. [Code 1881 § 2400;
RRS § 6891. Prior: See Reviser's note following RCW
26.16.010.]
26.16.020
Reviser's note: See notes following RCW 26.16.010.
Civil disabilities of wife abolished: RCW 26.16.160.
Earnings of parent and minor children living apart: RCW 26.16.140.
Exemption of separate property of married person from attachment and execution upon liability of spouse: RCW 6.15.040.
26.16.030 Community property defined—Management and control. Property not acquired or owned, as prescribed in RCW 26.16.010 and 26.16.020, acquired after
marriage by either husband or wife or both, is community
property. Either spouse, acting alone, may manage and control community property, with a like power of disposition as
the acting spouse has over his or her separate property,
except:
(1) Neither spouse shall devise or bequeath by will more
than one-half of the community property.
(2) Neither spouse shall give community property without the express or implied consent of the other.
(3) Neither spouse shall sell, convey, or encumber the
community real property without the other spouse joining in
the execution of the deed or other instrument by which the
real estate is sold, conveyed, or encumbered, and such deed
or other instrument must be acknowledged by both spouses.
(4) Neither spouse shall purchase or contract to purchase
community real property without the other spouse joining in
the transaction of purchase or in the execution of the contract
to purchase.
(5) Neither spouse shall create a security interest other
than a purchase money security interest as defined in *RCW
62A.9-107 in, or sell, community household goods, furnishings, or appliances, or a community mobile home unless the
other spouse joins in executing the security agreement or bill
of sale, if any.
(6) Neither spouse shall acquire, purchase, sell, convey,
or encumber the assets, including real estate, or the good will
of a business where both spouses participate in its management without the consent of the other: PROVIDED, That
where only one spouse participates in such management the
participating spouse may, in the ordinary course of such business, acquire, purchase, sell, convey or encumber the assets,
including real estate, or the good will of the business without
26.16.030
(2004 Ed.)
26.16.060
the consent of the nonparticipating spouse. [1981 c 304 § 1;
1972 ex.s. c 108 § 3; Code 1881 § 2409; RRS § 6892.]
*Reviser's note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article
62A.9A RCW.
Severability—1981 c 304: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 304 § 46.]
Community property—Homestead selection: RCW 6.13.020.
Descent and distribution of community property: RCW 11.04.015.
Quasi-community property defined: RCW 26.16.220.
Simultaneous death, uniform act: Chapter 11.05 RCW.
26.16.040 Community realty subject to liens, execution. Community real estate shall be subject to the liens of
mechanics and others for labor and materials furnished in
erecting structures and improvements thereon as provided by
law in other cases, to liens of judgments recovered for community debts, and to sale on execution issued thereon. [1972
ex.s. c 108 § 4; Code 1881 § 2410; RRS § 6893.]
26.16.040
Acknowledgments: Chapter 64.08 RCW.
Liens: Title 60 RCW.
26.16.050 Conveyances between husband and wife.
A husband may give, grant, sell or convey directly to his
wife, and a wife may give, grant, sell or convey directly to her
husband his or her community right, title, interest or estate in
all or any portion of their community real property: And
every deed made from husband to wife, or from wife to husband, shall operate to divest the real estate therein recited
from any or every claim or demand as community property
and shall vest the same in the grantee as separate property[.
The] grantor in all such deeds, or the party releasing such
community interest or estate shall sign, seal, execute and
acknowledge the deed as a single person without the joinder
therein of the married party therein named as grantee: PROVIDED, HOWEVER, That the conveyances or transfers
hereby authorized shall not affect any existing equity in favor
of creditors of the grantor at the time of such transfer, gift or
conveyance. AND PROVIDED FURTHER, That any deeds
of gift conveyances or releases of community estate by or
between husband and wife heretofore made but in which the
husband and wife have not joined as grantors, said deeds[,]
where made in good faith and without intent to hinder, delay
or defraud creditors[,] shall be and the same are hereby fully
legalized as valid and binding. [1888 c 27 § 1; RRS § 10572.]
26.16.050
Validating—1888 c 27: "All powers of attorney heretofore made and
executed by any married woman joined with her husband and duly acknowledged and certified and all powers of attorney heretofore made or executed
by husband or wife to the other, authorizing the sale or other disposition of
real estate, whether separate or community real estate duly acknowledged
conformably with the previous sections, and all conveyances heretofore and
hereafter executed under and by virtue of such powers of attorney and
acknowledged and certified in the manner provided herein, shall be valid and
binding; provided, that any rights vested in third persons shall not be affected
by anything in this section contained." [1888 c 27 § 5.] This applies to RCW
26.16.050 and 26.16.070 through 26.16.090.
Acknowledgments: Chapter 64.08 RCW.
Burden of proof in transactions between husband and wife: RCW 26.16.210.
26.16.060 Power of attorney between husband and
wife. A husband or wife may constitute the other his or her
26.16.060
[Title 26 RCW—page 43]
26.16.070
Title 26 RCW: Domestic Relations
attorney in fact to manage, control or dispose of his or her
property with the same power of revocation or substitution as
could be exercised were they unmarried persons. [Code 1881
§ 2403; No RRS.]
26.16.070 Powers of attorney as to separate estate. A
husband or wife may make and execute powers of attorney
for the sale, conveyance, transfer or encumbrance of his or
her separate estate both real and personal, without the other
spouse joining in the execution thereof. Such power of attorney shall be acknowledged and certified in the manner provided by law for the conveyance of real estate. Nor shall anything herein contained be so construed as to prevent either
husband or wife from appointing the other his or her attorney
in fact for the purposes provided in this section. [1888 c 27 §
2; RRS § 10573.]
26.16.070
26.16.080 Execution of conveyance under power.
Any conveyance, transfer, deed, lease or other encumbrances
executed under and by virtue of such power of attorney shall
be executed, acknowledged and certified in the same manner
as if the person making such power of attorney had been
unmarried. [1888 c 27 § 3; RRS § 10574.]
26.16.080
26.16.090
26.16.090 Powers of attorney as to community estate.
A husband may make and execute a letter of attorney to the
wife, or the wife may make and execute a letter of attorney to
the husband authorizing the sale or other disposition of his or
her community interest or estate in the community property
and as such attorney in fact to sign the name of such husband
or wife to any deed, conveyance, mortgage, lease or other
encumbrance or to any instrument necessary to be executed
by which the property conveyed or transferred shall be
released from any claim as community property. And either
said husband or said wife may make and execute a letter of
attorney to any third person to join with the other in the conveyance of any interest either in separate real estate of either,
or in the community estate held by such husband or wife in
any real property. And both husband and wife owning community property may jointly execute a power of attorney to a
third person authorizing the sale, encumbrance or other disposition of community real property, and so execute the necessary conveyance or transfer of said real estate. [1888 c 27
§ 4; RRS § 10575.]
26.16.095 Purchaser of community real property
protected by record title. Whenever any person, married or
single, having in his or her name the legal title of record to
any real estate, shall sell or dispose of the same to an actual
bona fide purchaser, a deed of such real estate from the person holding such legal record title to such actual bona fide
purchaser shall be sufficient to convey to, and vest in, such
purchaser the full legal and equitable title to such real estate
free and clear of any and all claims of any and all persons
whatsoever, not appearing of record in the auditor's office of
the county in which such real estate is situated. [1891 c 151
§ 1; RRS § 10577. Formerly RCW 64.04.080.] [SLC-RO16]
hereby allowed to such persons within which to comply with its provisions."
[1891 c 151 § 4.] This applies to RCW 26.16.095 through 26.16.110.
26.16.100
26.16.100 Claim of spouse in community realty to be
filed. A husband or wife having an interest in real estate, by
virtue of the marriage relation, the legal title of record to
which real estate is or shall be held by the other, may protect
such interest from sale or disposition by the husband or wife,
as the case may be, in whose name the legal title is held, by
causing to be filed and recorded in the auditor's office of the
county in which such real estate is situated an instrument in
writing setting forth that the person filing such instrument is
the husband or wife, as the case may be, of the person holding
the legal title to the real estate in question, describing such
real estate and the claimant's interest therein; and when thus
presented for record such instrument shall be filed and
recorded by the auditor of the county in which such real
estate is situated, in the same manner and with like effect as
regards notice to all the world, as deeds of real estate are filed
and recorded. And if either husband or wife fails to cause
such an instrument to be filed in the auditor's office in the
county in which real estate is situated, the legal title to which
is held by the other, within a period of ninety days from the
date when such legal title has been made a matter of record,
any actual bona fide purchaser of such real estate from the
person in whose name the legal title stands of record, receiving a deed of such real estate from the person thus holding the
legal title, shall be deemed and held to have received the full
legal and equitable title to such real estate free and clear of all
claim of the other spouse. [1891 c 151 § 2; RRS § 10578.]
[SLC-RO-16]
Recording of real property by county auditor: Chapters 65.04 and 65.08
RCW.
26.16.110
26.16.110 Cloud on title—Removal. The instrument
in writing provided for in RCW 26.16.100 shall be deemed to
be a cloud upon the title of said real estate, and may be
removed by the release of the party filing the same, or by any
court having jurisdiction in the county where said real estate
is situated, whenever it shall appear to said court that the real
estate described in said instrument is the separate property of
the person in whose name the title to the said real estate, or
any part thereof, appears to be vested, from the conveyances
on record in the office of the auditor of the county where said
real estate is situated. [1891 c 151 § 3; RRS § 10579.]
26.16.095
Saving—1891 c 151: "In so far as this act affects married persons having already acquired and now holding real estate under existing laws, a
period of three months from the date at which this act shall take effect is
[Title 26 RCW—page 44]
26.16.120
26.16.120 Agreements as to status. Nothing contained
in any of the provisions of *this chapter or in any law of this
state, shall prevent the husband and wife from jointly entering into any agreement concerning the status or disposition of
the whole or any portion of the community property, then
owned by them or afterwards to be acquired, to take effect
upon the death of either. But such agreement may be made at
any time by the husband and wife by the execution of an
instrument in writing under their hands and seals, and to be
witnessed, acknowledged and certified in the same manner as
deeds to real estate are required to be, under the laws of the
state, and the same may at any time thereafter be altered or
amended in the same manner. Such agreement shall not derogate from the right of creditors; nor be construed to curtail
the powers of the superior court to set aside or cancel such
(2004 Ed.)
Husband and Wife—Rights and Liabilities—Community Property
26.16.205
agreement for fraud or under some other recognized head of
equity jurisdiction, at the suit of either party; nor prevent the
application of laws governing the community property and
inheritance rights of slayers under chapter 11.84 RCW.
[1998 c 292 § 505; Code 1881 § 2416; RRS § 6894.]
riage, the owner of the property may maintain an action
therefor, or for any right growing out of the same, in the same
manner and to the same extent as if they were unmarried.
[Code 1881 § 2401; 1879 p 80 § 28; 1873 p 452 § 8; RRS §
6903.]
*Reviser's note: "this chapter", which is Code 1881, chapter
CLXXXIII, is codified as RCW 26.16.010 through 26.16.040, 26.16.060,
26.16.120, 26.16.140 through 26.16.160, and 26.16.180 through 26.16.210.
Privileged communications: RCW 5.60.060.
Application—Conflict with federal requirements—1998 c 292: See
notes following RCW 41.04.273.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Acknowledgments: Chapter 64.08 RCW.
Descent and distribution of community property: RCW 11.04.015.
26.16.190
26.16.190 Liability for acts of other spouse. For all
injuries committed by a married person, there shall be no
recovery against the separate property of the other spouse
except in cases where there would be joint responsibility if
the marriage did not exist. [1972 ex.s. c 108 § 6; Code 1881
§ 2402; RRS § 6904.]
Private seals abolished: RCW 64.04.090.
26.16.200
26.16.125
26.16.125 Custody of children. Henceforth the rights
and responsibilities of the parents in the absence of misconduct shall be equal, and the mother shall be as fully entitled to
the custody, control and earnings of the children as the father,
and in case of the father's death, the mother shall come into as
full and complete control of the children and their estate as
the father does in case of the mother's death. [Code 1881 §
2399; 1879 p 151 § 2; RRS § 6907. Formerly RCW
26.20.020.]
26.16.140
26.16.140 Earnings and accumulations of husband
and wife living apart, minor children. When a husband
and wife are living separate and apart, their respective earnings and accumulations shall be the separate property of each.
The earnings and accumulations of minor children shall be
the separate property of the spouse who has their custody or,
if no custody award has been made, then the separate property of the spouse with whom said children are living. [1972
ex.s. c 108 § 5; Code 1881 § 2413; RRS § 6896.]
26.16.150 Rights of married persons in general.
Every married person shall hereafter have the same right and
liberty to acquire, hold, enjoy and dispose of every species of
property, and to sue and be sued, as if he or she were unmarried. [Code 1881 § 2396; RRS § 6900.]
26.16.150
Separate property
of husband: RCW 26.16.010.
of wife: RCW 26.16.020.
26.16.200 Antenuptial and separate debts, liability
for—Child support obligation, liability for. Neither husband or wife is liable for the debts or liabilities of the other
incurred before marriage, nor for the separate debts of each
other, nor is the rent or income of the separate property of
either liable for the separate debts of the other: PROVIDED,
That the earnings and accumulations of the husband shall be
available to the legal process of creditors for the satisfaction
of debts incurred by him prior to marriage, and the earnings
and accumulations of the wife shall be available to the legal
process of creditors for the satisfaction of debts incurred by
her prior to marriage. For the purpose of this section, neither
the husband nor the wife shall be construed to have any interest in the earnings of the other: PROVIDED FURTHER,
That no separate debt, except a child support or maintenance
obligation, may be the basis of a claim against the earnings
and accumulations of either a husband or wife unless the
same is reduced to judgment within three years of the marriage of the parties. The obligation of a parent or stepparent to
support a child may be collected out of the parent's or stepparent's separate property, the parent's or stepparent's earnings and accumulations, and the parent's or stepparent's share
of community personal and real property. Funds in a community bank account which can be identified as the earnings of
the nonobligated spouse are exempt from satisfaction of the
child support obligation of the debtor spouse. [1983 1st ex.s.
c 41 § 2; 1969 ex.s. c 121 § 1; Code 1881 § 2405; 1873 p 452
§ 10; RRS § 6905.]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
Collection actions against community bank account: RCW 74.20A.120.
26.16.160
26.16.160 Civil disabilities of wife abolished. All laws
which impose or recognize civil disabilities upon a wife,
which are not imposed or recognized as existing as to the husband, are hereby abolished, and for any unjust usurpation of
her natural or property rights, she shall have the same right to
appeal in her own individual name, to the courts of law or
equity for redress and protection that the husband has: PROVIDED, ALWAYS, That nothing in *this chapter shall be
construed to confer upon the wife any right to vote or hold
office, except as otherwise provided by law. [Code 1881 §
2398; 1879 p 151 § 1; RRS § 6901.]
*Reviser's note: "this chapter," see note following RCW 26.16.120.
26.16.180
26.16.180 Husband and wife may sue each other.
Should either husband or wife obtain possession or control of
property belonging to the other, either before or after mar(2004 Ed.)
26.16.205
26.16.205 Liability for family support—Termination
of support obligation of stepparent, when. The expenses
of the family and the education of the children, including
stepchildren, are chargeable upon the property of both husband and wife, or either of them, and they may be sued jointly
or separately. When a petition for dissolution of marriage or
a petition for legal separation is filed, the court may, upon
motion of the stepparent, terminate the obligation to support
the stepchildren. The obligation to support stepchildren shall
cease upon the entry of a decree of dissolution, decree of
legal separation, or death. [1990 1st ex.s. c 2 § 13; 1969 ex.s.
c 207 § 1; Code 1881 § 2407; RRS § 6906. Formerly RCW
26.20.010.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
[Title 26 RCW—page 45]
26.16.210
Title 26 RCW: Domestic Relations
26.16.210
26.16.210 Burden of proof in transactions between
husband and wife. In every case, where any question arises
as to the good faith of any transaction between husband and
wife, whether a transaction between them directly or by intervention of third person or persons, the burden of proof shall
be upon the party asserting the good faith. [Code 1881 §
2397; RRS § 5828.]
26.16.220
26.16.220 Quasi-community property defined. (1)
Unless the context clearly requires otherwise, as used in
RCW 26.16.220 through 26.16.250 "quasi-community property" means all personal property wherever situated and all
real property described in subsection (2) of this section that is
not community property and that was heretofore or hereafter
acquired:
(a) By the decedent while domiciled elsewhere and that
would have been the community property of the decedent and
of the decedent's surviving spouse had the decedent been
domiciled in this state at the time of its acquisition; or
(b) In derivation or in exchange for real or personal property, wherever situated, that would have been the community
property of the decedent and the surviving spouse if the decedent had been domiciled in this state at the time the original
property was acquired.
(2) For purposes of this section, real property includes:
(a) Real property situated in this state;
(b) Real property situated outside this state if the law of
the state where the real property is located provides that the
law of the decedent's domicile at death shall govern the rights
of the decedent's surviving spouse to a share of such property;
and
(c) Leasehold interests in real property described in (a)
or (b) of this subsection.
(3) For purposes of this section, all legal presumptions
and principles applicable to the proper characterization of
property as community property under the laws and decisions
of this state shall apply in determining whether property
would have been the community property of the decedent and
the surviving spouse under the provisions of subsection (1) of
this section. [1988 c 34 § 1; 1986 c 72 § 1.]
26.16.230
26.16.230 Quasi-community property—Disposition
at death. Upon the death of any person domiciled in this
state, one-half of any quasi-community property shall belong
to the surviving spouse and the other one-half of such property shall be subject to disposition at death by the decedent,
and in the absence thereof, shall descend in the manner provided for community property under chapter 11.04 RCW.
[1988 c 34 § 2; 1986 c 72 § 2.]
26.16.240
26.16.240 Quasi-community property—Effect of lifetime transfers—Claims by surviving spouse—Waiver.
(1) If a decedent domiciled in this state on the date of his or
her death made a lifetime transfer of a property interest that is
quasi-community property to a person other than the surviving spouse within three years of death, then within the time
for filing claims against the estate as provided by RCW
11.40.010, the surviving spouse may require the transferee to
restore to the decedent's estate one-half of such property
interest, if the transferee retains the property interest, and, if
[Title 26 RCW—page 46]
not, one-half of its proceeds, or, if none, one-half of its value
at the time of transfer, if:
(a) The decedent retained, at the time of death, the possession or enjoyment of or the right to income from the property interest;
(b) The decedent retained, at the time of death, a power,
either alone or in conjunction with any other person, to
revoke or to consume, invade or dispose of the property interest for the decedent's own benefit; or
(c) The decedent held the property interest at the time of
death with another with the right of survivorship.
(2) Notwithstanding subsection (1) of this section, no
such property interest, proceeds, or value may be required to
be restored to the decedent's estate if:
(a) Such property interest was transferred for adequate
consideration;
(b) Such property interest was transferred with the consent of the surviving spouse; or
(c) The transferee purchased such property interest in
property from the decedent while believing in good faith that
the property or property interest was the separate property of
the decedent and did not constitute quasi-community property.
(3) All property interests, proceeds, or value restored to
the decedent's estate under this section shall belong to the surviving spouse pursuant to RCW 26.16.230 as though the
transfer had never been made.
(4) The surviving spouse may waive any right granted
hereunder by written instrument filed in the probate proceedings. If the surviving spouse acts as personal representative of
the decedent's estate and causes the estate to be closed before
the time for exercising any right granted by this section
expires, such closure shall act as a waiver by the surviving
spouse of any and all rights granted by this section. [1988 c
34 § 3; 1986 c 72 § 3.]
26.16.250 Quasi-community property—Characterization limited to determination of disposition at death—
Waiver by written agreement. The characterization of
property as quasi-community property under this chapter
shall be effective solely for the purpose of determining the
disposition of such property at the time of a death, and such
characterization shall not affect the rights of the decedent's
creditors. For all other purposes property characterized as
quasi-community property under this chapter shall be characterized without regard to the provisions of this chapter. A
husband and wife may waive, modify, or relinquish any
quasi-community property right granted or created by this
chapter by signed written agreement, wherever executed,
before or after June 11, 1986, including without limitation,
community property agreements, prenuptial and postnuptial
agreements, or agreements as to status of property. [1988 c
34 § 4; 1986 c 72 § 4.]
26.16.250
Chapter 26.18
Chapter 26.18 RCW
CHILD SUPPORT ENFORCEMENT
Sections
26.18.010
26.18.020
26.18.030
Legislative findings.
Definitions.
Application—Liberal construction.
(2004 Ed.)
Child Support Enforcement
26.18.035
26.18.040
26.18.050
26.18.055
26.18.070
26.18.080
26.18.090
26.18.100
26.18.110
26.18.120
26.18.130
26.18.140
26.18.150
26.18.160
26.18.170
26.18.180
26.18.190
26.18.210
26.18.220
26.18.900
Other civil and criminal remedies applicable.
Support or spousal maintenance proceedings.
Failure to comply with support or spousal maintenance
order—Contempt action—Order to show cause—Bench
warrant—Continuing jurisdiction.
Child support liens.
Mandatory wage assignment—Petition or motion.
Wage assignment order—Issuance—Information transmitted
to state support registry.
Wage assignment order—Contents—Amounts—Apportionment of disbursements.
Wage assignment order—Form.
Wage assignment order—Employer's answer, duties, and liability—Priorities.
Wage assignment order—Employer's answer—Form.
Wage assignment order—Service.
Hearing to quash, modify, or terminate wage assignment
order—Grounds—Alternate payment plan.
Bond or other security.
Costs.
Health insurance coverage—Enforcement.
Liability of employer or union—Penalties.
Compensation paid by agency, self-insurer, or social security
administration on behalf of child.
Child support order summary report form.
Standard court forms—Mandatory use.
Severability—1984 c 260.
Child support registry: Chapter 26.23 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
Family abandonment, penalty: RCW 26.20.030.
Family nonsupport, penalty: RCW 26.20.035.
Homestead subject to execution for child support or spousal maintenance:
RCW 6.13.080.
26.18.010
26.18.010 Legislative findings. The legislature finds
that there is an urgent need for vigorous enforcement of child
support and spousal maintenance obligations, and that stronger and more efficient statutory remedies need to be established to supplement and complement the remedies provided
in chapters 26.09, 26.21, 26.26, 74.20, and 74.20A RCW.
[1993 c 426 § 1; 1984 c 260 § 1.]
26.18.020
26.18.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Dependent child" means any child for whom a support order has been established or for whom a duty of support
is owed.
(2) "Duty of spousal maintenance" means the duty to
provide for the needs of a spouse or former spouse imposed
under chapter 26.09 RCW.
(3) "Duty of support" means the duty to provide for the
needs of a dependent child, which may include necessary
food, clothing, shelter, education, and health care. The duty
includes any obligation to make monetary payments, to pay
expenses, including spousal maintenance in cases in which
there is a dependent child, or to reimburse another person or
an agency for the cost of necessary support furnished a
dependent child. The duty may be imposed by court order, by
operation of law, or otherwise.
(4) "Obligee" means the custodian of a dependent child,
the spouse or former spouse, or person or agency, to whom a
duty of support or duty of spousal maintenance is owed, or
the person or agency to whom the right to receive or collect
support or spousal maintenance has been assigned.
(5) "Obligor" means the person owing a duty of support
or duty of spousal maintenance.
(2004 Ed.)
26.18.030
(6) "Support or maintenance order" means any judgment, decree, or order of support or spousal maintenance
issued by the superior court or authorized agency of the state
of Washington; or a judgment, decree, or other order of support or spousal maintenance issued by a court or agency of
competent jurisdiction in another state or country, which has
been registered or otherwise made enforceable in this state.
(7) "Employer" includes the United States government, a
state or local unit of government, and any person or entity
who pays or owes earnings or remuneration for employment
to the obligor.
(8) "Earnings" means compensation paid or payable for
personal services or remuneration for employment, whether
denominated as wages, salary, commission, bonus, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or
other process to satisfy support or spousal maintenance obligations, specifically includes periodic payments pursuant to
pension or retirement programs, or insurance policies of any
type, but does not include payments made under Title 50
RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW.
(9) "Disposable earnings" means that part of the earnings
of an individual remaining after the deduction from those
earnings of any amount required by law to be withheld.
(10) "Department" means the department of social and
health services.
(11) "Health insurance coverage" includes any coverage
under which medical services are provided by an employer or
a union whether that coverage is provided through a selfinsurance program, under the employee retirement income
security act of 1974, a commercial insurer pursuant to chapters 48.20 and 48.21 RCW, a health care service contractor
pursuant to chapter 48.44 RCW, or a health maintenance
organization pursuant to chapter 48.46 RCW, and the state
through chapter 41.05 RCW.
(12) "Insurer" means a commercial insurance company
providing disability insurance under chapter 48.20 or 48.21
RCW, a health care service contractor providing health care
coverage under chapter 48.44 RCW, a health maintenance
organization providing comprehensive health care services
under chapter 48.46 RCW, and shall also include any
employer or union which is providing health insurance coverage on a self-insured basis.
(13) "Remuneration for employment" means moneys
due from or payable by the United States to an individual
within the scope of 42 U.S.C. Sec. 659 and 42 U.S.C. Sec.
662(f). [1993 c 426 § 2; 1989 c 416 § 2; 1987 c 435 § 17;
1984 c 260 § 2.]
Effective date—1987 c 435: See RCW 26.23.900.
26.18.030
26.18.030 Application—Liberal construction. (1)
The remedies provided in this chapter are in addition to, and
not in substitution for, any other remedies provided by law.
(2) This chapter applies to any dependent child, whether
born before or after June 7, 1984, and regardless of the past or
current marital status of the parents, and to a spouse or former
spouse.
[Title 26 RCW—page 47]
26.18.035
Title 26 RCW: Domestic Relations
(3) This chapter shall be liberally construed to assure that
all dependent children are adequately supported. [1993 c 426
§ 3; 1984 c 260 § 3.]
26.18.035
26.18.035 Other civil and criminal remedies applicable. Nothing in this chapter limits the authority of the attorney general or prosecuting attorney to use any and all civil
and criminal remedies to enforce child support obligations
regardless of whether or not the custodial parent receives
public assistance payments. [1984 c 260 § 24.]
26.18.040
26.18.040 Support or spousal maintenance proceedings. (1) A proceeding to enforce a duty of support or spousal maintenance is commenced:
(a) By filing a petition for an original action; or
(b) By motion in an existing action or under an existing
cause number.
(2) Venue for the action is in the superior court of the
county where the dependent child resides or is present, where
the obligor or obligee resides, or where the prior support or
maintenance order was entered. The petition or motion may
be filed by the obligee, the state, or any agency providing
care or support to the dependent child. A filing fee shall not
be assessed in cases brought on behalf of the state of Washington.
(3) The court retains continuing jurisdiction under this
chapter until all duties of either support or spousal maintenance, or both, of the obligor, including arrearages, have been
satisfied. [1993 c 426 § 4; 1984 c 260 § 4.]
26.18.050
26.18.050 Failure to comply with support or spousal
maintenance order—Contempt action—Order to show
cause—Bench warrant—Continuing jurisdiction. (1) If
an obligor fails to comply with a support or spousal maintenance order, a petition or motion may be filed without notice
under RCW 26.18.040 to initiate a contempt action as provided in chapter 7.21 RCW. If the court finds there is reasonable cause to believe the obligor has failed to comply with a
support or spousal maintenance order, the court may issue an
order to show cause requiring the obligor to appear at a certain time and place for a hearing, at which time the obligor
may appear to show cause why the relief requested should not
be granted. A copy of the petition or motion shall be served
on the obligor along with the order to show cause.
(2) Service of the order to show cause shall be by personal service, or in the manner provided in the civil rules of
superior court or applicable statute.
(3) If the order to show cause served upon the obligor
included a warning that an arrest warrant could be issued for
failure to appear, the court may issue a bench warrant for the
arrest of the obligor if the obligor fails to appear on the return
date provided in the order.
(4) If the obligor contends at the hearing that he or she
lacked the means to comply with the support or spousal maintenance order, the obligor shall establish that he or she exercised due diligence in seeking employment, in conserving
assets, or otherwise in rendering himself or herself able to
comply with the court's order.
(5) As provided in RCW 26.18.040, the court retains
continuing jurisdiction under this chapter and may use a con[Title 26 RCW—page 48]
tempt action to enforce a support or maintenance order until
the obligor satisfies all duties of support, including arrearages, that accrued pursuant to the support or maintenance
order. [1993 c 426 § 5; 1989 c 373 § 22; 1984 c 260 § 5.]
Severability—1989 c 373: See RCW 7.21.900.
26.18.055
26.18.055 Child support liens. Child support debts,
not paid when due, become liens by operation of law against
all property of the debtor with priority of a secured creditor.
This lien shall be separate and apart from, and in addition to,
any other lien created by, or provided for, in this title. The
lien attaches to all real and personal property of the debtor on
the date of filing with the county auditor of the county in
which the property is located. Liens filed by other states or
jurisdictions that comply with the procedural rules for filing
liens under chapter 65.04 RCW shall be accorded full faith
and credit and are enforceable without judicial notice or hearing. [2000 c 86 § 1; 1997 c 58 § 942.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.18.070
26.18.070 Mandatory wage assignment—Petition or
motion. (1) A petition or motion seeking a mandatory wage
assignment in an action under RCW 26.18.040 may be filed
by an obligee if the obligor is:
(a) Subject to a support order allowing immediate
income withholding; or
(b) More than fifteen days past due in child support or
spousal maintenance payments in an amount equal to or
greater than the obligation payable for one month.
(2) The petition or motion shall include a sworn statement by the obligee, stating the facts authorizing the issuance
of the wage assignment order, including:
(a) That the obligor, stating his or her name and residence, is:
(i) Subject to a support order allowing immediate income
withholding; or
(ii) More than fifteen days past due in child support or
spousal maintenance payments in an amount equal to or
greater than the obligation payable for one month;
(b) A description of the terms of the order requiring payment of support or spousal maintenance, and the amount past
due, if any;
(c) The name and address of the obligor's employer;
(d) That notice by personal service or any form of mail
requiring a return receipt, has been provided to the obligor at
least fifteen days prior to the obligee seeking a mandatory
wage assignment, unless the order for support or maintenance
states that the obligee may seek a mandatory wage assignment without notice to the obligor; and
(e) In cases not filed by the state, whether the obligee has
received public assistance from any source and, if the obligee
has received public assistance, that the department of social
and health services has been notified in writing of the pending action.
(3) If the court in which a mandatory wage assignment is
sought does not already have a copy of the support or maintenance order in the court file, then the obligee shall attach a
copy of the support or maintenance order to the petition or
(2004 Ed.)
Child Support Enforcement
motion seeking the wage assignment. [1994 c 230 § 3; 1993
c 426 § 6; 1987 c 435 § 18; 1984 c 260 § 7.]
Effective date—1987 c 435: See RCW 26.23.900.
26.18.080
26.18.080 Wage assignment order—Issuance—
Information transmitted to state support registry. (1)
Upon receipt of a petition or motion seeking a mandatory
wage assignment that complies with RCW 26.18.070, the
court shall issue a wage assignment order, as provided in
RCW 26.18.100 and including the information required in
RCW 26.18.090(1), directed to the employer, and commanding the employer to answer the order on the forms served
with the order that comply with RCW 26.18.120 within
twenty days after service of the order upon the employer.
(2) The clerk of the court shall forward a copy of the
mandatory wage assignment order, a true and correct copy of
the support orders in the court file, and a statement containing
the obligee's address and social security number shall be forwarded to the Washington state support registry within five
days of the entry of the order. [1987 c 435 § 19; 1984 c 260
§ 8.]
Effective date—1987 c 435: See RCW 26.23.900.
26.18.090
26.18.090 Wage assignment order—Contents—
Amounts—Apportionment of disbursements. (1) The
wage assignment order in RCW 26.18.080 shall include:
(a) The maximum amount of current support or spousal
maintenance, if any, to be withheld from the obligor's earnings each month, or from each earnings disbursement; and
(b) The total amount of the arrearage or reimbursement
judgment previously entered by the court, if any, together
with interest, if any.
(2) The total amount to be withheld from the obligor's
earnings each month, or from each earnings disbursement,
shall not exceed fifty percent of the disposable earnings of the
obligor. If the amounts to be paid toward the arrearage are
specified in the support or spousal maintenance order, then
the maximum amount to be withheld is the sum of: Either the
current support or spousal maintenance ordered, or both; and
the amount ordered to be paid toward the arrearage, or fifty
percent of the disposable earnings of the obligor, whichever
is less.
(3) The provisions of RCW 6.27.150 do not apply to
wage assignments for child support or spousal maintenance
authorized under this chapter, but fifty percent of the disposable earnings of the obligor are exempt, and may be disbursed to the obligor.
(4) If an obligor is subject to two or more attachments for
child support on account of different obligees, the employer
shall, if the nonexempt portion of the obligor's earnings is not
sufficient to respond fully to all the attachments, apportion
the obligor's nonexempt disposable earnings between or
among the various obligees equally. Any obligee may seek a
court order reapportioning the obligor's nonexempt disposable earnings upon notice to all interested obligees. Notice
shall be by personal service, or in the manner provided by the
civil rules of superior court or applicable statute.
(5) If an obligor is subject to two or more attachments for
spousal maintenance on account of different obligees, the
employer shall, if the nonexempt portion of the obligor's
(2004 Ed.)
26.18.100
earnings is not sufficient to respond fully to all the attachments, apportion the obligor's nonexempt disposable earnings between or among the various obligees equally. An obligee may seek a court order reapportioning the obligor's nonexempt disposable earnings upon notice to all interested
obligees. Notice shall be by personal service, or in the manner provided by the civil rules of superior court or applicable
statute. [1993 c 426 § 7; 1984 c 260 § 9.]
26.18.100
26.18.100 Wage assignment order—Form. The wage
assignment order shall be substantially in the following form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . .
............,
Obligee
vs.
............,
Obligor
............,
Employer
No. . . . .
WAGE ASSIGNMENT
ORDER
THE STATE OF WASHINGTON TO: . . . . . . . . . . . . . .
Employer
AND TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obligor
The above-named obligee claims that the above-named
obligor is subject to a support order requiring immediate
income withholding or is more than fifteen days past due in
either child support or spousal maintenance payments, or
both, in an amount equal to or greater than the child support
or spousal maintenance payable for one month. The amount
of the accrued child support or spousal maintenance debt as
of this date is . . . . . . dollars, the amount of arrearage payments specified in the support or spousal maintenance order
(if applicable) is . . . . . . dollars per . . . . . ., and the amount of
the current and continuing support or spousal maintenance
obligation under the order is . . . . . . dollars per . . . . . .
You are hereby commanded to answer this order by filling in the attached form according to the instructions, and
you must mail or deliver the original of the answer to the
court, one copy to the Washington state support registry, one
copy to the obligee or obligee's attorney, and one copy to the
obligor within twenty days after service of this wage assignment order upon you.
If you possess any earnings or other remuneration for
employment due and owing to the obligor, then you shall do
as follows:
(1) Withhold from the obligor's earnings or remuneration
each month, or from each regular earnings disbursement, the
lesser of:
(a) The sum of the accrued support or spousal maintenance debt and the current support or spousal maintenance
obligation;
(b) The sum of the specified arrearage payment amount
and the current support or spousal maintenance obligation; or
(c) Fifty percent of the disposable earnings or remuneration of the obligor.
[Title 26 RCW—page 49]
26.18.110
Title 26 RCW: Domestic Relations
(2) The total amount withheld above is subject to the
wage assignment order, and all other sums may be disbursed
to the obligor.
(3) Upon receipt of this wage assignment order you shall
make immediate deductions from the obligor's earnings or
remuneration and remit to the Washington state support registry or other address specified below the proper amounts
within five working days of each regular pay interval.
You shall continue to withhold the ordered amounts
from nonexempt earnings or remuneration of the obligor until
notified by:
(a) The court that the wage assignment has been modified or terminated; or
(b) The addressee specified in the wage assignment order
under this section that the accrued child support or spousal
maintenance debt has been paid.
You shall promptly notify the court and the addressee
specified in the wage assignment order under this section if
and when the employee is no longer employed by you, or if
the obligor no longer receives earnings or remuneration from
you. If you no longer employ the employee, the wage assignment order shall remain in effect until you are no longer in
possession of any earnings or remuneration owed to the
employee.
You shall deliver the withheld earnings or remuneration
to the Washington state support registry or other address
stated below within five working days of each regular pay
interval.
You shall deliver a copy of this order to the obligor as
soon as is reasonably possible. This wage assignment order
has priority over any other wage assignment or garnishment,
except for another wage assignment or garnishment for child
support or spousal maintenance, or order to withhold or
deliver under chapter 74.20A RCW.
WHETHER OR NOT YOU OWE ANYTHING TO
THE OBLIGOR, YOUR FAILURE TO ANSWER
AS REQUIRED MAY MAKE YOU LIABLE FOR
THE AMOUNT OF SUPPORT MONEYS THAT
SHOULD HAVE BEEN WITHHELD FROM THE
OBLIGOR'S EARNINGS OR SUBJECT TO CONTEMPT OF COURT.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO
REQUEST A HEARING IN THE SUPERIOR COURT
THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO
REQUEST THAT THE COURT QUASH, MODIFY, OR
TERMINATE THE WAGE ASSIGNMENT ORDER.
REGARDLESS OF THE FACT THAT YOUR WAGES
ARE BEING WITHHELD PURSUANT TO THIS ORDER,
YOU MAY HAVE SUSPENDED OR NOT RENEWED A
PROFESSIONAL, DRIVER'S, OR OTHER LICENSE IF
YOU ACCRUE CHILD SUPPORT ARREARAGES
TOTALING MORE THAN SIX MONTHS OF CHILD
SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS
TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT
THAT EXCEEDS SIX MONTHS OF PAYMENTS.
DATED THIS . . . . day of . . . ., 19. . .
.....................
Obligee,
or obligee's attorney
[Title 26 RCW—page 50]
.....................
Judge/Court Commissioner
Send withheld payments to:
.....................
.....................
.....................
.....................
[1998 c 77 § 1. Prior: 1997 c 296 § 10; 1997 c 58 § 889; 1994
c 230 § 4; 1993 c 426 § 8; 1991 c 367 § 20; 1989 c 416 § 10;
1987 c 435 § 20; 1984 c 260 § 10.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective date—1987 c 435: See RCW 26.23.900.
26.18.110
26.18.110 Wage assignment order—Employer's
answer, duties, and liability—Priorities. (1) An employer
upon whom service of a wage assignment order has been
made shall answer the order by sworn affidavit within twenty
days after the date of service. The answer shall state whether
the obligor is employed by or receives earnings or other
remuneration from the employer, whether the employer will
honor the wage assignment order, and whether there are
either multiple child support or spousal maintenance attachments, or both, against the obligor.
(2) If the employer possesses any earnings or remuneration due and owing to the obligor, the earnings subject to the
wage assignment order shall be withheld immediately upon
receipt of the wage assignment order. The withheld earnings
shall be delivered to the Washington state support registry or,
if the wage assignment order is to satisfy a duty of spousal
maintenance, to the addressee specified in the assignment
within five working days of each regular pay interval.
(3) The employer shall continue to withhold the ordered
amounts from nonexempt earnings or remuneration of the
obligor until notified by:
(a) The court that the wage assignment has been modified or terminated; or
(b) The Washington state support registry or obligee that
the accrued child support or spousal maintenance debt has
been paid, provided the wage assignment order contains the
language set forth under RCW 26.18.100(3)(b). The
employer shall promptly notify the addressee specified in the
assignment when the employee is no longer employed. If the
employer no longer employs the employee, the wage assignment order shall remain in effect for one year after the
employee has left the employment or the employer has been
in possession of any earnings or remuneration owed to the
employee, whichever is later. The employer shall continue to
hold the wage assignment order during that period. If the
employee returns to the employer's employment during the
one-year period the employer shall immediately begin to
withhold the employee's earnings or remuneration according
to the terms of the wage assignment order. If the employee
has not returned within one year, the wage assignment shall
cease to have effect at the expiration of the one-year period,
unless the employer continues to owe remuneration for
employment to the obligor.
(2004 Ed.)
Child Support Enforcement
(4) The employer may deduct a processing fee from the
remainder of the employee's earnings after withholding under
the wage assignment order, even if the remainder is exempt
under RCW 26.18.090. The processing fee may not exceed
(a) ten dollars for the first disbursement made by the
employer to the Washington state support registry; and (b)
one dollar for each subsequent disbursement to the clerk.
(5) An order for wage assignment for support for a
dependent child entered under this chapter shall have priority
over any other wage assignment or garnishment, except for
another wage assignment or garnishment for child support, or
order to withhold and deliver under chapter 74.20A RCW.
An order for wage assignment for spousal maintenance
entered under this chapter shall have priority over any other
wage assignment or garnishment, except for a wage assignment, garnishment, or order to withhold and deliver under
chapter 74.20A RCW for support of a dependent child, and
except for another wage assignment or garnishment for spousal maintenance.
(6) An employer who fails to withhold earnings as
required by a wage assignment issued under this chapter may
be held liable to the obligee for one hundred percent of the
support or spousal maintenance debt, or the amount of support or spousal maintenance moneys that should have been
withheld from the employee's earnings whichever is the
lesser amount, if the employer:
(a) Fails or refuses, after being served with a wage
assignment order, to deduct and promptly remit from the
unpaid earnings the amounts of money required in the order;
(b) Fails or refuses to submit an answer to the notice of
wage assignment after being served; or
(c) Is unwilling to comply with the other requirements of
this section.
Liability may be established in superior court. Awards in
superior court shall include costs, interest under RCW
19.52.020 and 4.56.110, and reasonable attorneys' fees.
(7) No employer who complies with a wage assignment
issued under this chapter may be liable to the employee for
wrongful withholding.
(8) No employer may discharge, discipline, or refuse to
hire an employee because of the entry or service of a wage
assignment issued and executed under this chapter. If an
employer discharges, disciplines, or refuses to hire an
employee in violation of this section, the employee or person
shall have a cause of action against the employer. The
employer shall be liable for double the amount of damages
suffered as a result of the violation and for costs and reasonable attorneys' fees, and shall be subject to a civil penalty of
not more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or
reinstate the aggrieved individual.
(9) For wage assignments payable to the Washington
state support registry, an employer may combine amounts
withheld from various employees into a single payment to the
Washington state support registry, if the payment includes a
listing of the amounts attributable to each employee and other
information as required by the registry.
(10) An employer shall deliver a copy of the wage
assignment order to the obligor as soon as is reasonably possible. [1998 c 77 § 2; 1994 c 230 § 5; 1993 c 426 § 9; 1991 c
367 § 21; 1989 c 416 § 11; 1987 c 435 § 21; 1984 c 260 § 11.]
(2004 Ed.)
26.18.130
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective date—1987 c 435: See RCW 26.23.900.
26.18.120
26.18.120 Wage assignment order—Employer's
answer—Form. The answer of the employer shall be made
on forms, served on the employer with the wage assignment
order, substantially as follows:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . .
............
Obligee
vs.
............
Obligor
............
Employer
No. . . . . . . . . . . . .
ANSWER
TO WAGE
ASSIGNMENT ORDER
1. At the time of the service of the wage assignment
order on the employer, was the above-named obligor
employed by or receiving earnings or other remuneration
for employment from the employer?
Yes . . . . . . No . . . . . . (check one).
2. Are there any other attachments for child support or
spousal maintenance currently in effect against the obligor?
Yes . . . . . . No . . . . . . (check one).
3. If the answer to question one is yes and the employer
cannot comply with the wage assignment order, provide an
explanation:
I declare under penalty of perjury under the laws of the
state of Washington that the foregoing is true and correct.
...................
Signature of employer
....................
Date and place
...................
Signature of person
answering for employer
....................
....................
Address for future notice
to employer
...................
Connection with employer
[1993 c 426 § 10; 1984 c 260 § 12.]
26.18.130
26.18.130 Wage assignment order—Service. (1) Service of the wage assignment order on the employer is invalid
unless it is served with five answer forms in substantial conformance with RCW 26.18.120, together with stamped envelopes addressed to, respectively, the clerk of the court where
the order was issued, the Washington state support registry,
the obligee's attorney or the obligee, and the obligor. The
obligee shall also include an extra copy of the wage assignment order for the employer to deliver to the obligor. Service
on the employer shall be in person or by any form of mail
requiring a return receipt.
(2) On or before the date of service of the wage assignment order on the employer, the obligee shall mail or cause to
be mailed by certified mail a copy of the wage assignment
[Title 26 RCW—page 51]
26.18.140
Title 26 RCW: Domestic Relations
order to the obligor at the obligor's last known post office
address; or, in the alternative, a copy of the wage assignment
order shall be served on the obligor in the same manner as a
summons in a civil action on, before, or within two days after
the date of service of the order on the employer. This requirement is not jurisdictional, but if the copy is not mailed or
served as this subsection provides, or if any irregularity
appears with respect to the mailing or service, the superior
court, in its discretion, may quash the wage assignment order,
upon motion of the obligor promptly made and supported by
an affidavit showing that the obligor has suffered substantial
injury due to the failure to mail or serve the copy. [1987 c
435 § 22; 1984 c 260 § 13.]
Effective date—1987 c 435: See RCW 26.23.900.
26.18.140
26.18.140 Hearing to quash, modify, or terminate
wage assignment order—Grounds—Alternate payment
plan. (1) Except as provided in subsection (2) of this section,
in a hearing to quash, modify, or terminate the wage assignment order, the court may grant relief only upon a showing
that the wage assignment order causes extreme hardship or
substantial injustice. Satisfaction by the obligor of all past
due payments subsequent to the issuance of the wage assignment order is not grounds to quash, modify, or terminate the
wage assignment order. If a wage assignment order has been
in operation for twelve consecutive months and the obligor's
support or spousal maintenance obligation is current, the
court may terminate the order upon motion of the obligor
unless the obligee can show good cause as to why the wage
assignment order should remain in effect.
(2) The court may enter an order delaying, modifying, or
terminating the wage assignment order and order the obligor
to make payments directly to the obligee as provided in RCW
26.23.050(2). [1994 c 230 § 6; 1993 c 426 § 11; 1991 c 367
§ 22; 1984 c 260 § 14.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.18.150
26.18.150 Bond or other security. (1) In any action to
enforce a support or spousal maintenance order under Title
26 RCW, the court may, in its discretion, order a parent obligated to pay support for a minor child or person owing a duty
of spousal maintenance to post a bond or other security with
the court. The bond or other security shall be in the amount of
support or spousal maintenance due for a two-year period.
The bond or other security is subject to approval by the court.
The bond shall include the name and address of the issuer. If
the bond is canceled, any person issuing a bond under this
section shall notify the court and the person entitled to
receive payment under the order.
(2) If the obligor fails to make payments as required
under the court order, the person entitled to receive payment
may recover on the bond or other security in the existing proceeding. The court may, after notice and hearing, increase the
amount of the bond or other security. Failure to comply with
the court's order to obtain and maintain a bond or other security may be treated as contempt of court. [1993 c 426 § 12;
1984 c 260 § 15.]
[Title 26 RCW—page 52]
26.18.160 Costs. In any action to enforce a support or
maintenance order under this chapter, the prevailing party is
entitled to a recovery of costs, including an award for reasonable attorney fees. An obligor may not be considered a prevailing party under this section unless the obligee has acted in
bad faith in connection with the proceeding in question.
[1993 c 426 § 13; 1984 c 260 § 25.]
26.18.160
26.18.170
26.18.170 Health insurance coverage—Enforcement.
(1) Whenever an obligor parent who has been ordered to provide health insurance coverage for a dependent child fails to
provide such coverage or lets it lapse, the department or the
obligee may seek enforcement of the coverage order as provided under this section.
(2)(a) If the obligor parent's order to provide health
insurance coverage contains language notifying the obligor
that failure to provide such coverage or proof that such coverage is unavailable may result in direct enforcement of the
order and orders payments through, or has been submitted to,
the Washington state support registry for enforcement, then
the department may, without further notice to the obligor,
send a notice of enrollment to the obligor's employer or
union. The notice shall be served:
(i) By regular mail;
(ii) In the manner prescribed for the service of a summons in a civil action;
(iii) By certified mail, return receipt requested; or
(iv) By electronic means if there is an agreement
between the secretary of the department and the person, firm,
corporation, association, political subdivision, department of
the state, or agency, subdivision, or instrumentality of the
United States to accept service by electronic means.
(b) The notice shall require the employer or union to
enroll the child in the health insurance plan as provided in
subsection (3) of this section.
(c) The returned answer to the division of child support
by the employer constitutes proof of service of the notice of
enrollment in the case where the notice was served by regular
mail.
(d) The division of child support may use uniform interstate forms adopted by the United States department of health
and human services to take insurance enrollment actions
under this section.
(e) If the obligor parent's order to provide health insurance coverage does not order payments through, and has not
been submitted to, the Washington state support registry for
enforcement:
(i) The obligee may, without further notice to the obligor
send a certified copy of the order requiring health insurance
coverage to the obligor's employer or union by certified mail,
return receipt requested; and
(ii) The obligee shall attach a notarized statement to the
order declaring that the order is the latest order addressing
coverage entered by the court and require the employer or
union to enroll the child in the health insurance plan as provided in subsection (3) of this section.
(3) Upon receipt of an order that provides for health
insurance coverage, or a notice of enrollment:
(a) The obligor's employer or union shall answer the
party who sent the order or notice within twenty days and
confirm that the child:
(2004 Ed.)
Child Support Enforcement
(i) Has been enrolled in the health insurance plan;
(ii) Will be enrolled; or
(iii) Cannot be covered, stating the reasons why such
coverage cannot be provided;
(b) The employer or union shall withhold any required
premium from the obligor's income or wages;
(c) If more than one plan is offered by the employer or
union, and each plan may be extended to cover the child, then
the child shall be enrolled in the obligor's plan. If the obligor's
plan does not provide coverage which is accessible to the
child, the child shall be enrolled in the least expensive plan
otherwise available to the obligor parent;
(d) The employer or union shall provide information
about the name of the health insurance coverage provider or
issuer and the extent of coverage available to the obligee or
the department and shall make available any necessary claim
forms or enrollment membership cards.
(4) If the order for coverage contains no language notifying the obligor that failure to provide health insurance coverage or proof that such coverage is unavailable may result in
direct enforcement of the order, the department or the obligee
may serve a written notice of intent to enforce the order on
the obligor by certified mail, return receipt requested, or by
personal service. If the obligor fails to provide written proof
that such coverage has been obtained or applied for or fails to
provide proof that such coverage is unavailable within twenty
days of service of the notice, the department or the obligee
may proceed to enforce the order directly as provided in subsection (2) of this section.
(5) If the obligor ordered to provide health insurance
coverage elects to provide coverage that will not be accessible to the child because of geographic or other limitations
when accessible coverage is otherwise available, the department or the obligee may serve a written notice of intent to
purchase health insurance coverage on the obligor by certified mail, return receipt requested. The notice shall also specify the type and cost of coverage.
(6) If the department serves a notice under subsection (5)
of this section the obligor shall, within twenty days of the
date of service:
(a) File an application for an adjudicative proceeding; or
(b) Provide written proof to the department that the obligor has either applied for, or obtained, coverage accessible to
the child.
(7) If the obligee serves a notice under subsection (5) of
this section, within twenty days of the date of service the obligor shall provide written proof to the obligee that the obligor
has either applied for, or obtained, coverage accessible to the
child.
(8) If the obligor fails to respond to a notice served under
subsection (5) of this section to the party who served the
notice, the party who served the notice may purchase the
health insurance coverage specified in the notice directly.
The amount of the monthly premium shall be added to the
support debt and be collectible without further notice. The
amount of the monthly premium may be collected or accrued
until the obligor provides proof of the required coverage.
(9) The signature of the obligee or of a department
employee shall be a valid authorization to the coverage provider or issuer for purposes of processing a payment to the
child's health services provider. An order for health insurance
(2004 Ed.)
26.18.180
coverage shall operate as an assignment of all benefit rights
to the obligee or to the child's health services provider, and in
any claim against the coverage provider or issuer, the obligee
or the obligee's assignee shall be subrogated to the rights of
the obligor. Notwithstanding the provisions of this section
regarding assignment of benefits, this section shall not
require a health care service contractor authorized under
chapter 48.44 RCW or a health maintenance organization
authorized under chapter 48.46 RCW to deviate from their
contractual provisions and restrictions regarding reimbursement for covered services. If the coverage is terminated, the
employer shall mail a notice of termination to the department
or the obligee at the obligee's last known address within thirty
days of the termination date.
(10) This section shall not be construed to limit the right
of the obligor or the obligee to bring an action in superior
court at any time to enforce, modify, or clarify the original
support order.
(11) Where a child does not reside in the issuer's service
area, an issuer shall cover no less than urgent and emergent
care. Where the issuer offers broader coverage, whether by
policy or reciprocal agreement, the issuer shall provide such
coverage to any child otherwise covered that does not reside
in the issuer's service area.
(12) If an obligor fails to pay his or her portion of any
deductible required under the health insurance coverage or
fails to pay his or her portion of medical expenses incurred in
excess of the coverage provided under the plan, the department or the obligee may enforce collection of the obligor's
portion of the deductible or the additional medical expenses
through a wage assignment order. The amount of the deductible or additional medical expenses shall be added to the support debt and be collectible without further notice if the obligor's share of the amount of the deductible or additional
expenses is reduced to a sum certain in a court order. [2000
c 86 § 2; 1995 c 34 § 7; 1994 c 230 § 7; 1993 c 426 § 14; 1989
c 416 § 5.]
26.18.180
26.18.180 Liability of employer or union—Penalties.
(1) An obligated parent's employer or union shall be liable for
a fine of up to one thousand dollars per occurrence, if the
employer or union fails or refuses, within twenty days of
receiving the order or notice for health insurance coverage to:
(a) Promptly enroll the obligated parent's child in the
health insurance plan; or
(b) Make a written answer to the person or entity who
sent the order or notice for health insurance coverage stating
that the child:
(i) Will be enrolled in the next available open enrollment
period; or
(ii) Cannot be covered and explaining the reasons why
coverage cannot be provided.
(2) Liability may be established and the fine may be collected by the office of support enforcement under chapter
74.20A or 26.23 RCW using any of the remedies contained in
those chapters.
(3) Any employer or union who enrolls a child in a health
insurance plan in compliance with chapter 26.18 RCW shall
be exempt from liability resulting from such enrollment.
[2000 c 86 § 3; 1989 c 416 § 9.]
[Title 26 RCW—page 53]
26.18.190
Title 26 RCW: Domestic Relations
26.18.190
26.18.190 Compensation paid by agency, selfinsurer, or social security administration on behalf of
child. (1) When the department of labor and industries or a
self-insurer pays compensation under chapter 51.32 RCW on
behalf of or on account of the child or children of the injured
worker for whom the injured worker owes a duty of child
support, the amount of compensation the department or selfinsurer pays on behalf of the child or children shall be treated
for all purposes as if the injured worker paid the compensation toward satisfaction of the injured worker's child support
obligations.
(2) When the social security administration pays social
security disability dependency benefits, retirement benefits,
or survivors insurance benefits on behalf of or on account of
the child or children of a disabled person, a retired person, or
a deceased person, the amount of benefits paid for the child or
children shall be treated for all purposes as if the disabled
person, the retired person, or the deceased person paid the
benefits toward the satisfaction of that person's child support
obligation for that period for which benefits are paid.
(3) Under no circumstances shall the person who has the
obligation to make the transfer payment have a right to reimbursement of any compensation paid under subsection (1) or
(2) of this section. [1995 c 236 § 1; 1990 1st ex.s. c 2 § 17.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.18.210
26.18.210 Child support order summary report
form. (1) The administrator for the courts shall develop a
child support order summary report form to provide for the
reporting of summary information in every case in which a
child support order is entered or modified either judicially or
administratively. The administrator for the courts shall
attempt to the greatest extent possible to make the form simple and understandable by the parties. The form shall indicate
the following:
(a) The county in which the order was entered and the
cause number;
(b) Whether it was a judicial or administrative order;
(c) Whether the order is an original order or from a modification;
(d) The number of children of the parties and the children's ages;
(e) The combined monthly net income of parties;
(f) The monthly net income of the father as determined
by the court;
(g) The monthly net income of the mother as determined
by the court;
(h) The basic child support obligation for each child as
determined from the economic table;
(i) Whether or not the court deviated from the child support for each child;
(j) The reason or reasons stated by the court for the deviation;
(k) The amount of child support after the deviation;
(l) Any amount awarded for day care;
(m) Any other extraordinary amounts in the order;
(n) Any amount ordered for postsecondary education;
(o) The total amount of support ordered;
(p) In the case of a modification, the amount of support
in the previous order;
[Title 26 RCW—page 54]
(q) If the change in support was in excess of thirty percent, whether the change was phased in;
(r) The amount of the transfer payment ordered;
(s) Which parent was ordered to make the transfer payment; and
(t) The date of the entry of the order.
(2) The administrator for the courts shall make the form
available to the parties. [1990 1st ex.s. c 2 § 22.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.18.220
26.18.220 Standard court forms—Mandatory use.
(1) The administrator for the courts shall develop not later
than July 1, 1991, standard court forms and format rules for
mandatory use by litigants in all actions commenced under
chapters 26.09, 26.10, and 26.26 RCW effective January 1,
1992. The administrator for the courts shall develop mandatory forms for financial affidavits for integration into the
worksheets. The forms shall be developed and approved not
later than September 1, 1992. The parties shall use the mandatory form for financial affidavits for actions commenced
on or after September 1, 1992. The administrator for the
courts has continuing responsibility to develop and revise
mandatory forms and format rules as appropriate.
(2) A party may delete unnecessary portions of the forms
according to the rules established by the administrator for the
courts. A party may supplement the mandatory forms with
additional material.
(3) A party's failure to use the mandatory forms or follow
the format rules shall not be a reason to dismiss a case, refuse
a filing, or strike a pleading. However, the court may require
the party to submit a corrected pleading and may impose
terms payable to the opposing party or payable to the court, or
both.
(4) The administrator for the courts shall distribute a
master copy of the forms to all county court clerks. The
administrator for the courts and county clerks shall distribute
the mandatory forms to the public upon request and may
charge for the cost of production and distribution of the
forms. Private vendors may distribute the mandatory forms.
Distribution may be in printed or electronic form. [1992 c
229 § 5; 1990 1st ex.s. c 2 § 25.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.18.900
26.18.900 Severability—1984 c 260. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 260 § 43.]
Chapter 26.19
Chapter 26.19 RCW
CHILD SUPPORT SCHEDULE
Sections
26.19.001
26.19.011
26.19.020
26.19.025
26.19.035
26.19.045
Legislative intent and finding.
Definitions.
Child support economic table.
Legislative review of support schedule.
Standards for application of the child support schedule.
Veterans' disability pensions, compensation for disability, and
aid and attendant care payments.
(2004 Ed.)
Child Support Schedule
26.19.050
26.19.055
26.19.065
26.19.071
26.19.075
26.19.080
26.19.090
26.19.100
Worksheets and instructions.
Payments for attendant services in cases of disability.
Standards for establishing lower and upper limits on child support amounts.
Standards for determination of income.
Standards for deviation from the standard calculation.
Allocation of child support obligation between parents—
Court-ordered day care or special child rearing expenses.
Standards for postsecondary educational support awards.
Federal income tax exemptions.
26.19.001
26.19.001 Legislative intent and finding. The legislature intends, in establishing a child support schedule, to
insure that child support orders are adequate to meet a child's
basic needs and to provide additional child support commensurate with the parents' income, resources, and standard of
living. The legislature also intends that the child support obligation should be equitably apportioned between the parents.
The legislature finds that these goals will be best
achieved by the adoption and use of a statewide child support
schedule. Use of a statewide schedule will benefit children
and their parents by:
(1) Increasing the adequacy of child support orders
through the use of economic data as the basis for establishing
the child support schedule;
(2) Increasing the equity of child support orders by providing for comparable orders in cases with similar circumstances; and
(3) Reducing the adversarial nature of the proceedings
by increasing voluntary settlements as a result of the greater
predictability achieved by a uniform statewide child support
schedule. [1988 c 275 § 1.]
Effective dates—1988 c 275: "Except for sections 4, 8, and 9 of this
act, this act shall take effect July 1, 1988. Sections 4 and 8 of this act are necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect immediately [March 24, 1988]." [1988 c 275 § 23.]
Severability—1988 c 275: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 275 § 24.]
26.19.011
26.19.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Basic child support obligation" means the monthly
child support obligation determined from the economic table
based on the parties' combined monthly net income and the
number of children for whom support is owed.
(2) "Child support schedule" means the standards, economic table, worksheets, and instructions, as defined in this
chapter.
(3) "Court" means a superior court judge, court commissioner, and presiding and reviewing officers who administratively determine or enforce child support orders.
(4) "Deviation" means a child support amount that differs from the standard calculation.
(5) "Economic table" means the child support table for
the basic support obligation provided in RCW 26.19.020.
(6) "Instructions" means the instructions developed by
the office of the administrator for the courts pursuant to RCW
26.19.050 for use in completing the worksheets.
(7) "Standards" means the standards for determination of
child support as provided in this chapter.
(2004 Ed.)
26.19.020
(8) "Standard calculation" means the presumptive
amount of child support owed as determined from the child
support schedule before the court considers any reasons for
deviation.
(9) "Support transfer payment" means the amount of
money the court orders one parent to pay to another parent or
custodian for child support after determination of the standard calculation and deviations. If certain expenses or credits
are expected to fluctuate and the order states a formula or percentage to determine the additional amount or credit on an
ongoing basis, the term "support transfer payment" does not
mean the additional amount or credit.
(10) "Worksheets" means the forms developed by the
office of the administrator for the courts pursuant to RCW
26.19.050 for use in determining the amount of child support.
[1991 sp.s. c 28 § 4.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
26.19.020
26.19.020 Child support economic table.
ECONOMIC TABLE
MONTHLY BASIC SUPPORT OBLIGATION
PER CHILD
KEY: A= AGE 0-11 B= AGE 12-18
COMBINED
MONTHLY
NET
INCOME
ONE
CHILD
FAMILY
TWO
CHILDREN
FAMILY
A
B
A
B
0
100
200
300 For income less than $600 the obligation is based
400 upon the resources and living expenses of each
500 household. Minimum support shall not be less
than $25 per child per month except when allowed
by RCW 26.19.065(2).
600
133
164
103
127
700
155
191
120
148
800
177
218
137
170
900
199
246
154
191
1000
220
272
171
211
1100
242
299
188
232
1200
264
326
205
253
1300
285
352
221
274
1400
307
379
238
294
1500
327
404
254
313
1600
347
428
269
333
1700
367
453
285
352
1800
387
478
300
371
1900
407
503
316
390
2000
427
527
331
409
2100
447
552
347
429
2200
467
577
362
448
2300
487
601
378
467
2400
506
626
393
486
2500
526
650
408
505
2600
534
661
416
513
2700
542
670
421
520
[Title 26 RCW—page 55]
26.19.020
Title 26 RCW: Domestic Relations
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5100
5200
5300
5400
5500
5600
5700
5800
5900
6000
6100
6200
6300
6400
6500
6600
6700
6800
6900
7000
549
556
561
566
569
573
574
575
577
578
581
596
609
623
638
651
664
677
689
701
713
726
738
751
763
776
788
800
812
825
837
850
862
875
887
899
911
924
936
949
961
974
986
679
686
693
699
704
708
710
711
712
713
719
736
753
770
788
805
821
836
851
866
882
897
912
928
943
959
974
989
1004
1019
1035
1050
1065
1081
1096
1112
1127
1142
1157
1172
1188
1203
1218
427
431
436
439
442
445
446
447
448
449
452
463
473
484
495
506
516
525
535
545
554
564
574
584
593
602
612
622
632
641
650
660
670
680
689
699
709
718
728
737
747
757
767
527
533
538
543
546
549
551
552
553
554
558
572
584
598
611
625
637
649
661
673
685
697
708
720
732
744
756
768
779
791
803
815
827
839
851
863
875
887
899
911
923
935
946
COMBINED
MONTHLY
INCOME
THREE
FOUR
FIVE
CHILDREN
NET
CHILDREN
CHILDREN
0
100
200
300
400
500
FAMILY
FAMILY
FAMILY
A
A
A
B
B
B
For income less than $600 the obligation is
based upon the resources and living
expenses of each household. Minimum support shall not be less than $25 per child per
month except when allowed by RCW
26.19.065(2).
[Title 26 RCW—page 56]
600
700
800
900
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5100
5200
5300
86
100
115
129
143
157
171
185
199
212
225
238
251
264
277
289
302
315
328
341
346
351
356
360
364
367
369
371
372
373
374
375
377
386
395
404
413
422
431
438
446
455
463
470
479
487
494
503
106
124
142
159
177
194
211
228
246
262
278
294
310
326
342
358
374
390
406
421
428
435
440
445
449
453
457
459
460
461
462
463
466
477
488
500
511
522
532
542
552
562
572
581
592
602
611
621
73
85
97
109
121
133
144
156
168
179
190
201
212
223
234
245
256
267
278
288
293
298
301
305
308
310
312
314
315
316
317
318
319
326
334
341
350
357
364
371
377
384
391
398
404
411
418
425
90
105
120
135
149
164
179
193
208
221
235
248
262
275
289
303
316
330
343
356
362
368
372
376
380
383
386
388
389
390
391
392
394
404
413
422
431
441
449
458
467
475
483
491
500
509
517
525
63
74
84
95
105
116
126
136
147
156
166
175
185
194
204
213
223
233
242
251
256
259
262
266
268
270
272
273
274
275
276
277
278
284
291
298
305
311
317
323
329
335
341
347
353
359
365
371
78
91
104
118
130
143
156
168
181
193
205
217
228
240
252
264
276
288
299
311
316
321
324
328
331
334
336
339
340
341
342
343
344
352
360
368
377
385
392
400
407
414
422
429
437
443
451
458
(2004 Ed.)
Child Support Schedule
5400
5500
5600
5700
5800
5900
6000
6100
6200
6300
6400
6500
6600
6700
6800
6900
7000
511
518
527
535
543
551
559
567
575
583
591
599
607
615
623
631
639
632
641
651
661
671
681
691
701
710
721
731
740
750
761
770
780
790
432
439
446
452
459
466
473
479
486
493
500
506
513
520
527
533
540
533
542
551
559
567
575
584
593
601
609
617
626
635
643
651
659
668
377
383
389
395
401
407
413
418
424
430
436
442
448
454
460
466
472
466
473
480
488
495
502
509
517
524
532
539
546
554
561
568
575
583
The economic table is presumptive for combined
monthly net incomes up to and including five thousand dollars. When combined monthly net income exceeds five thousand dollars, support shall not be set at an amount lower than
the presumptive amount of support set for combined monthly
net incomes of five thousand dollars unless the court finds a
reason to deviate below that amount. The economic table is
advisory but not presumptive for combined monthly net
incomes that exceed five thousand dollars. When combined
monthly net income exceeds seven thousand dollars, the
court may set support at an advisory amount of support set for
combined monthly net incomes between five thousand and
seven thousand dollars or the court may exceed the advisory
amount of support set for combined monthly net incomes of
seven thousand dollars upon written findings of fact. [1998 c
163 § 2; 1991 c 367 § 25; 1990 1st ex.s. c 2 § 19; 1989 c 175
§ 76; 1988 c 275 § 3.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
26.19.045
(c) In all proceedings in which child support is determined or modified;
(d) In setting temporary and permanent support;
(e) In automatic modification provisions or decrees
entered pursuant to RCW 26.09.100; and
(f) In addition to proceedings in which child support is
determined for minors, to adult children who are dependent
on their parents and for whom support is ordered pursuant to
RCW 26.09.100.
The provisions of this chapter for determining child support and reasons for deviation from the standard calculation
shall be applied in the same manner by the court, presiding
officers, and reviewing officers.
(2) Written findings of fact supported by the evidence. An order for child support shall be supported by written findings of fact upon which the support determination is
based and shall include reasons for any deviation from the
standard calculation and reasons for denial of a party's
request for deviation from the standard calculation. The court
shall enter written findings of fact in all cases whether or not
the court: (a) Sets the support at the presumptive amount, for
combined monthly net incomes below five thousand dollars;
(b) sets the support at an advisory amount, for combined
monthly net incomes between five thousand and seven thousand dollars; or (c) deviates from the presumptive or advisory
amounts.
(3) Completion of worksheets. Worksheets in the form
developed by the office of the administrator for the courts
shall be completed under penalty of perjury and filed in every
proceeding in which child support is determined. The court
shall not accept incomplete worksheets or worksheets that
vary from the worksheets developed by the office of the
administrator for the courts.
(4) Court review of the worksheets and order. The
court shall review the worksheets and the order setting support for the adequacy of the reasons set forth for any deviation or denial of any request for deviation and for the adequacy of the amount of support ordered. Each order shall
state the amount of child support calculated using the standard calculation and the amount of child support actually
ordered. Worksheets shall be attached to the decree or order
or if filed separately shall be initialed or signed by the judge
and filed with the order. [1992 c 229 § 6; 1991 c 367 § 27.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.045
26.19.025
26.19.025 Legislative review of support schedule.
The legislature shall review the support schedule every four
years to determine if the application of the support schedule
results in appropriate support orders. [1991 c 367 § 26.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.035
26.19.035 Standards for application of the child support schedule. (1) Application of the child support schedule. The child support schedule shall be applied:
(a) In each county of the state;
(b) In judicial and administrative proceedings under this
title or Title 13 or 74 RCW;
(2004 Ed.)
26.19.045 Veterans' disability pensions, compensation for disability, and aid and attendant care payments.
Veterans' disability pensions or regular compensation for disability incurred in or aggravated by service in the United
States armed forces paid by the veterans' administration shall
be disclosed to the court. The court may consider either type
of compensation as disposable income for purposes of calculating the child support obligation. Aid and attendant care
payments to prevent hospitalization paid by the veterans'
administration solely to provide physical home care for a disabled veteran, and special medical compensation paid under
38 U.S.C. Sec. 314 (k) through (r) to provide either special
care or special aids, or both, to assist with routine daily functions shall also be disclosed. The court may not include either
aid and attendant care or special medical compensation pay[Title 26 RCW—page 57]
26.19.050
Title 26 RCW: Domestic Relations
ments in gross income for purposes of calculating the child
support obligation or for purposes of deviating from the standard calculation. [1991 c 367 § 30.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.050
26.19.050 Worksheets and instructions. (1) The
administrator for the courts shall develop and adopt worksheets and instructions to assist the parties and courts in
establishing the appropriate child support level and apportionment of support. The administrator for the courts shall
attempt to the greatest extent possible to make the worksheets
and instructions understandable by persons who are not represented by legal counsel.
(2) The administrator for the courts shall develop and
adopt standards for the printing of worksheets and shall
establish a process for certifying printed worksheets. The
administrator may maintain a register of sources for approved
worksheets.
(3) The administrator for the courts should explore methods to assist pro se parties and judges in the courtroom to calculate support payments through automated software, equipment, or personal assistance. [1990 1st ex.s. c 2 § 5; 1988 c
275 § 6.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
below the need standard for one person established pursuant
to RCW 74.04.770, except for the presumptive minimum
payment of twenty-five dollars per child per month or in
cases where the court finds reasons for deviation. This section shall not be construed to require monthly substantiation
of income.
(3) Income above five thousand and seven thousand
dollars. The economic table is presumptive for combined
monthly net incomes up to and including five thousand dollars. When combined monthly net income exceeds five thousand dollars, support shall not be set at an amount lower than
the presumptive amount of support set for combined monthly
net incomes of five thousand dollars unless the court finds a
reason to deviate below that amount. The economic table is
advisory but not presumptive for combined monthly net
incomes that exceed five thousand dollars. When combined
monthly net income exceeds seven thousand dollars, the
court may set support at an advisory amount of support set for
combined monthly net incomes between five thousand and
seven thousand dollars or the court may exceed the advisory
amount of support set for combined monthly net incomes of
seven thousand dollars upon written findings of fact. [1998 c
163 § 1; 1991 c 367 § 33.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.071 Standards for determination of income.
(1) Consideration of all income. All income and resources
of each parent's household shall be disclosed and considered
by the court when the court determines the child support obligation of each parent. Only the income of the parents of the
children whose support is at issue shall be calculated for purposes of calculating the basic support obligation. Income and
resources of any other person shall not be included in calculating the basic support obligation.
(2) Verification of income. Tax returns for the preceding two years and current paystubs shall be provided to verify
income and deductions. Other sufficient verification shall be
required for income and deductions which do not appear on
tax returns or paystubs.
(3) Income sources included in gross monthly income.
Except as specifically excluded in subsection (4) of this section, monthly gross income shall include income from any
source, including:
(a) Salaries;
(b) Wages;
(c) Commissions;
(d) Deferred compensation;
(e) Overtime;
(f) Contract-related benefits;
(g) Income from second jobs;
(h) Dividends;
(i) Interest;
(j) Trust income;
(k) Severance pay;
(l) Annuities;
(m) Capital gains;
(n) Pension retirement benefits;
(o) Workers' compensation;
(p) Unemployment benefits;
(q) Spousal maintenance actually received;
26.19.071
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
26.19.055
26.19.055 Payments for attendant services in cases of
disability. Payments from any source, other than veterans'
aid and attendance allowances or special medical compensation paid under 38 U.S.C. Sec. 314 (k) through (r), for services provided by an attendant in case of a disability when the
disability necessitates the hiring of the services of an attendant shall be disclosed but shall not be included in gross
income and shall not be a reason to deviate from the standard
calculation. [1991 c 367 § 31.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.065
26.19.065 Standards for establishing lower and
upper limits on child support amounts. (1) Limit at fortyfive percent of a parent's net income. Neither parent's total
child support obligation may exceed forty-five percent of net
income except for good cause shown. Good cause includes
but is not limited to possession of substantial wealth, children
with day care expenses, special medical need, educational
need, psychological need, and larger families.
(2) Income below six hundred dollars. When combined monthly net income is less than six hundred dollars, a
support order of not less than twenty-five dollars per child per
month shall be entered for each parent unless the obligor parent establishes that it would be unjust or inappropriate to do
so in that particular case. The decision whether there is a sufficient basis to deviate below the presumptive minimum payment must take into consideration the best interests of the
child and the circumstances of each parent. Such circumstances can include comparative hardship to the affected
households, assets or liabilities, and earning capacity. A parent's support obligation shall not reduce his or her net income
[Title 26 RCW—page 58]
(2004 Ed.)
Child Support Schedule
(r) Bonuses;
(s) Social security benefits; and
(t) Disability insurance benefits.
(4) Income sources excluded from gross monthly
income. The following income and resources shall be disclosed but shall not be included in gross income:
(a) Income of a new spouse or income of other adults in
the household;
(b) Child support received from other relationships;
(c) Gifts and prizes;
(d) Temporary assistance for needy families;
(e) Supplemental security income;
(f) General assistance; and
(g) Food stamps.
Receipt of income and resources from temporary assistance for needy families, supplemental security income, general assistance, and food stamps shall not be a reason to deviate from the standard calculation.
(5) Determination of net income. The following
expenses shall be disclosed and deducted from gross monthly
income to calculate net monthly income:
(a) Federal and state income taxes;
(b) Federal insurance contributions act deductions;
(c) Mandatory pension plan payments;
(d) Mandatory union or professional dues;
(e) State industrial insurance premiums;
(f) Court-ordered spousal maintenance to the extent
actually paid;
(g) Up to two thousand dollars per year in voluntary pension payments actually made if the contributions were made
for the two tax years preceding the earlier of the (i) tax year
in which the parties separated with intent to live separate and
apart or (ii) tax year in which the parties filed for dissolution;
and
(h) Normal business expenses and self-employment
taxes for self-employed persons. Justification shall be
required for any business expense deduction about which
there is disagreement.
Items deducted from gross income under this subsection
shall not be a reason to deviate from the standard calculation.
(6) Imputation of income. The court shall impute
income to a parent when the parent is voluntarily unemployed or voluntarily underemployed. The court shall determine whether the parent is voluntarily underemployed or voluntarily unemployed based upon that parent's work history,
education, health, and age, or any other relevant factors. A
court shall not impute income to a parent who is gainfully
employed on a full-time basis, unless the court finds that the
parent is voluntarily underemployed and finds that the parent
is purposely underemployed to reduce the parent's child support obligation. Income shall not be imputed for an unemployable parent. Income shall not be imputed to a parent to
the extent the parent is unemployed or significantly underemployed due to the parent's efforts to comply with courtordered reunification efforts under chapter 13.34 RCW or
under a voluntary placement agreement with an agency
supervising the child. In the absence of information to the
contrary, a parent's imputed income shall be based on the
median income of year-round full-time workers as derived
from the United States bureau of census, current populations
reports, or such replacement report as published by the
(2004 Ed.)
26.19.075
bureau of census. [1997 c 59 § 4; 1993 c 358 § 4; 1991 sp.s.
c 28 § 5.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
26.19.075 Standards for deviation from the standard
calculation. (1) Reasons for deviation from the standard calculation include but are not limited to the following:
(a) Sources of income and tax planning. The court
may deviate from the standard calculation after consideration
of the following:
(i) Income of a new spouse if the parent who is married
to the new spouse is asking for a deviation based on any other
reason. Income of a new spouse is not, by itself, a sufficient
reason for deviation;
(ii) Income of other adults in the household if the parent
who is living with the other adult is asking for a deviation
based on any other reason. Income of the other adults in the
household is not, by itself, a sufficient reason for deviation;
(iii) Child support actually received from other relationships;
(iv) Gifts;
(v) Prizes;
(vi) Possession of wealth, including but not limited to
savings, investments, real estate holdings and business interests, vehicles, boats, pensions, bank accounts, insurance
plans, or other assets;
(vii) Extraordinary income of a child; or
(viii) Tax planning considerations. A deviation for tax
planning may be granted only if the child would not receive a
lesser economic benefit due to the tax planning.
(b) Nonrecurring income. The court may deviate from
the standard calculation based on a finding that a particular
source of income included in the calculation of the basic support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may include
overtime, contract-related benefits, bonuses, or income from
second jobs. Deviations for nonrecurring income shall be
based on a review of the nonrecurring income received in the
previous two calendar years.
(c) Debt and high expenses. The court may deviate
from the standard calculation after consideration of the following expenses:
(i) Extraordinary debt not voluntarily incurred;
(ii) A significant disparity in the living costs of the parents due to conditions beyond their control;
(iii) Special needs of disabled children;
(iv) Special medical, educational, or psychological needs
of the children; or
(v) Costs incurred or anticipated to be incurred by the
parents in compliance with court-ordered reunification
efforts under chapter 13.34 RCW or under a voluntary placement agreement with an agency supervising the child.
(d) Residential schedule. The court may deviate from
the standard calculation if the child spends a significant
amount of time with the parent who is obligated to make a
support transfer payment. The court may not deviate on that
basis if the deviation will result in insufficient funds in the
household receiving the support to meet the basic needs of
the child or if the child is receiving temporary assistance for
needy families. When determining the amount of the devia26.19.075
[Title 26 RCW—page 59]
26.19.080
Title 26 RCW: Domestic Relations
tion, the court shall consider evidence concerning the
increased expenses to a parent making support transfer payments resulting from the significant amount of time spent
with that parent and shall consider the decreased expenses, if
any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.
(e) Children from other relationships. The court may
deviate from the standard calculation when either or both of
the parents before the court have children from other relationships to whom the parent owes a duty of support.
(i) The child support schedule shall be applied to the
mother, father, and children of the family before the court to
determine the presumptive amount of support.
(ii) Children from other relationships shall not be
counted in the number of children for purposes of determining the basic support obligation and the standard calculation.
(iii) When considering a deviation from the standard calculation for children from other relationships, the court may
consider only other children to whom the parent owes a duty
of support. The court may consider court-ordered payments
of child support for children from other relationships only to
the extent that the support is actually paid.
(iv) When the court has determined that either or both
parents have children from other relationships, deviations
under this section shall be based on consideration of the total
circumstances of both households. All child support obligations paid, received, and owed for all children shall be disclosed and considered.
(2) All income and resources of the parties before the
court, new spouses, and other adults in the households shall
be disclosed and considered as provided in this section. The
presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons for
deviation are set forth in the written findings of fact and are
supported by the evidence, the court shall order each parent
to pay the amount of support determined by using the standard calculation.
(3) The court shall enter findings that specify reasons for
any deviation or any denial of a party's request for any deviation from the standard calculation made by the court. The
court shall not consider reasons for deviation until the court
determines the standard calculation for each parent.
(4) When reasons exist for deviation, the court shall
exercise discretion in considering the extent to which the factors would affect the support obligation.
(5) Agreement of the parties is not by itself adequate reason for any deviations from the standard calculation. [1997 c
59 § 5; 1993 c 358 § 5; 1991 sp.s. c 28 § 6.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
26.19.080
26.19.080 Allocation of child support obligation
between parents—Court-ordered day care or special
child rearing expenses. (1) The basic child support obligation derived from the economic table shall be allocated
between the parents based on each parent's share of the combined monthly net income.
(2) Ordinary health care expenses are included in the
economic table. Monthly health care expenses that exceed
five percent of the basic support obligation shall be consid[Title 26 RCW—page 60]
ered extraordinary health care expenses. Extraordinary health
care expenses shall be shared by the parents in the same proportion as the basic child support obligation.
(3) Day care and special child rearing expenses, such as
tuition and long-distance transportation costs to and from the
parents for visitation purposes, are not included in the economic table. These expenses shall be shared by the parents in
the same proportion as the basic child support obligation. If
an obligor pays court or administratively ordered day care or
special child rearing expenses that are not actually incurred,
the obligee must reimburse the obligor for the overpayment if
the overpayment amounts to at least twenty percent of the
obligor's annual day care or special child rearing expenses.
The obligor may institute an action in the superior court or
file an application for an adjudicative hearing with the
department of social and health services for reimbursement
of day care and special child rearing expense overpayments
that amount to twenty percent or more of the obligor's annual
day care and special child rearing expenses. Any ordered
overpayment reimbursement shall be applied first as an offset
to child support arrearages of the obligor. If the obligor does
not have child support arrearages, the reimbursement may be
in the form of a direct reimbursement by the obligee or a
credit against the obligor's future support payments. If the
reimbursement is in the form of a credit against the obligor's
future child support payments, the credit shall be spread
equally over a twelve-month period. Absent agreement of the
obligee, nothing in this section entitles an obligor to pay more
than his or her proportionate share of day care or other special
child rearing expenses in advance and then deduct the overpayment from future support transfer payments.
(4) The court may exercise its discretion to determine the
necessity for and the reasonableness of all amounts ordered
in excess of the basic child support obligation. [1996 c 216 §
1; 1990 1st ex.s. c 2 § 7.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.19.090
26.19.090 Standards for postsecondary educational
support awards. (1) The child support schedule shall be
advisory and not mandatory for postsecondary educational
support.
(2) When considering whether to order support for postsecondary educational expenses, the court shall determine
whether the child is in fact dependent and is relying upon the
parents for the reasonable necessities of life. The court shall
exercise its discretion when determining whether and for how
long to award postsecondary educational support based upon
consideration of factors that include but are not limited to the
following: Age of the child; the child's needs; the expectations of the parties for their children when the parents were
together; the child's prospects, desires, aptitudes, abilities or
disabilities; the nature of the postsecondary education sought;
and the parents' level of education, standard of living, and
current and future resources. Also to be considered are the
amount and type of support that the child would have been
afforded if the parents had stayed together.
(3) The child must enroll in an accredited academic or
vocational school, must be actively pursuing a course of
study commensurate with the child's vocational goals, and
must be in good academic standing as defined by the institu(2004 Ed.)
Family Abandonment or Nonsupport
tion. The court-ordered postsecondary educational support
shall be automatically suspended during the period or periods
the child fails to comply with these conditions.
(4) The child shall also make available all academic
records and grades to both parents as a condition of receiving
postsecondary educational support. Each parent shall have
full and equal access to the postsecondary education records
as provided in RCW 26.09.225.
(5) The court shall not order the payment of postsecondary educational expenses beyond the child's twenty-third
birthday, except for exceptional circumstances, such as mental, physical, or emotional disabilities.
(6) The court shall direct that either or both parents' payments for postsecondary educational expenses be made
directly to the educational institution if feasible. If direct payments are not feasible, then the court in its discretion may
order that either or both parents' payments be made directly to
the child if the child does not reside with either parent. If the
child resides with one of the parents the court may direct that
the parent making the support transfer payments make the
payments to the child or to the parent who has been receiving
the support transfer payments. [1991 sp.s. c 28 § 7; 1990 1st
ex.s. c 2 § 9.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.19.100 Federal income tax exemptions. The parties may agree which parent is entitled to claim the child or
children as dependents for federal income tax exemptions.
The court may award the exemption or exemptions and order
a party to sign the federal income tax dependency exemption
waiver. The court may divide the exemptions between the
parties, alternate the exemptions between the parties, or both.
[1990 1st ex.s. c 2 § 10.]
26.19.100
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
Chapter 26.20 RCW
FAMILY ABANDONMENT OR NONSUPPORT
Chapter 26.20
(Formerly: Family desertion)
Sections
26.20.030
26.20.035
26.20.071
26.20.080
Family abandonment—Penalty—Exception.
Family nonsupport—Penalty—Exception.
Evidence—Spouse as witness.
Proof of wilfulness—Application of penalty provisions.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Uniform interstate family support act: Chapter 26.21 RCW.
26.20.030 Family abandonment—Penalty—Exception. (1) Except as provided in subsection (2) of this section,
any person who has a child dependent upon him or her for
care, education or support and deserts such child in any manner whatever with intent to abandon it is guilty of the crime of
family abandonment.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
26.20.030
(2004 Ed.)
26.20.080
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) The crime of family abandonment is a class C felony
under chapter 9A.20 RCW. [2002 c 331 § 6; 1984 c 260 § 26;
1973 1st ex.s. c 154 § 34; 1969 ex.s. c 207 § 2; 1955 c 249 §
1; 1953 c 255 § 1; 1943 c 158 § 1; 1913 c 28 § 1; Rem. Supp.
1943 § 6908. Prior: 1907 c 103 § 1, part.]
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Severability—1984 c 260: See RCW 26.18.900.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Leaving children unattended in parked automobile: RCW 9.91.060.
26.20.035
26.20.035 Family nonsupport—Penalty—Exception.
(1) Except as provided in subsection (2) of this section, any
person who is able to provide support, or has the ability to
earn the means to provide support, and who:
(a) Willfully omits to provide necessary food, clothing,
shelter, or medical attendance to a child dependent upon him
or her; or
(b) Willfully omits to provide necessary food, clothing,
shelter, or medical attendance to his or her spouse,
is guilty of the crime of family nonsupport.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW. [2002 c 331 § 7; 1984 c
260 § 27.]
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Severability—1984 c 260: See RCW 26.18.900.
26.20.071
26.20.071 Evidence—Spouse as witness. In any proceedings relating to nonsupport or family desertion the laws
attaching a privilege against the disclosure of communications between husband and wife shall be inapplicable and
both husband and wife in such proceedings shall be competent witnesses to testify to any relevant matter, including marriage and parentage. [1963 c 10 § 1.]
Uniform criminal extradition act: Chapter 10.88 RCW.
26.20.080
26.20.080 Proof of wilfulness—Application of penalty provisions. Proof of the nonsupport of a spouse or of a
child or children, or the omission to furnish necessary food,
clothing, shelter, or medical attendance for a spouse, or for a
child or children, is prima facie evidence that the nonsupport
or omission to furnish food, clothing, shelter, or medical
attendance is wilful. The provisions of RCW 26.20.030 and
26.20.035 are applicable regardless of the marital status of
the person who has a child dependent upon him or her, and
regardless of the nonexistence of any decree requiring payment of support or maintenance. [1984 c 260 § 28; 1973 1st
ex.s. c 154 § 36; 1913 c 28 § 3; RRS § 6910. Formerly RCW
26.20.080 and 26.20.090.]
Severability—1984 c 260: See RCW 26.18.900.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
[Title 26 RCW—page 61]
Chapter 26.21
Title 26 RCW: Domestic Relations
Chapter 26.21 RCW
UNIFORM INTERSTATE FAMILY SUPPORT ACT
Chapter 26.21
(Formerly: Uniform reciprocal enforcement of support act)
(Contingent expiration date—See RCW 26.21A.900)
Sections
PART A
REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
26.21.480
26.21.490
26.21.500
26.21.510
ARTICLE 1
GENERAL PROVISIONS
26.21.005
26.21.015
26.21.016
26.21.025
26.21.065
Definitions.
Tribunal of this state.
Rules.
Remedies cumulative.
Child support schedule.
ARTICLE 2
JURISDICTION
PART A
EXTENDED PERSONAL JURISDICTION
26.21.075
26.21.085
Bases for jurisdiction over nonresident.
Procedure when exercising jurisdiction over nonresident.
PART B
PROCEEDINGS INVOLVING TWO OR MORE STATES
26.21.095
26.21.105
26.21.115
26.21.125
26.21.127
Initiating and responding tribunal of this state.
Simultaneous proceedings in another state.
Continuing, exclusive jurisdiction.
Orders—Compliance with RCW 26.23.050.
Enforcement and modification of support order by tribunal
having continuing jurisdiction.
PART C
RECONCILIATION WITH ORDERS OF OTHER STATES
26.21.135
26.21.145
26.21.155
Recognition of child support orders—Controlling order—Filing certified copy of order.
Multiple child support orders for two or more obligees.
Credit for payments.
PART B
CONTEST OF VALIDITY OR ENFORCEMENT
26.21.520
26.21.530
26.21.540
26.21.550
Proceedings under this chapter.
Action by minor parent.
Application of law of this state.
Duties of initiating tribunal.
Duties and powers of responding tribunal.
Inappropriate tribunal.
Duties of support enforcement agency.
Duty of attorney general.
Private counsel.
Duties of department as state information agency.
Pleadings and accompanying documents.
Nondisclosure of information—Circumstances.
Costs—Fees.
Limited immunity of petitioner.
Nonparentage as defense.
Special rules of evidence and procedure.
Communications between tribunals.
Assistance with discovery.
Receipt and disbursement of payments.
ARTICLE 4
ESTABLISHMENT OF SUPPORT ORDER
26.21.420
Petition to establish support order—Notice—Hearing—
Orders.
ARTICLE 5
DIRECT ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
26.21.450
26.21.452
26.21.453
26.21.455
26.21.456
26.21.458
26.21.460
Recognition of income-withholding order of another state.
Employer's compliance with income-withholding order of
another state.
Compliance with multiple income-withholding orders.
Immunity from civil liability.
Penalties for noncompliance.
Contest by obligor.
Administrative enforcement of orders.
ARTICLE 6
ENFORCEMENT AND MODIFICATION OF
SUPPORT ORDER AFTER REGISTRATION
[Title 26 RCW—page 62]
Notice of registration of order.
Procedure to contest validity or enforcement of registered
order.
Contest of registration or enforcement.
Confirmed order.
PART C
REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
26.21.560
26.21.570
26.21.580
26.21.590
26.21.595
26.21.600
Procedure to register child support order of another state for
modification.
Effect of registration for modification—Authority to enforce
registered order.
Modification of child support order of another state.
Recognition of order modified in another state—Enforcement.
Jurisdiction to modify child support order of another state if
individual parties reside in this state—Application of chapter.
Notice to issuing tribunal of modification.
ARTICLE 7
DETERMINATION OF PARENTAGE
26.21.620
Proceeding to determine parentage.
ARTICLE 8
INTERSTATE RENDITION
26.21.640
26.21.650
ARTICLE 3
CIVIL PROVISIONS OF GENERAL APPLICATION
26.21.205
26.21.215
26.21.225
26.21.235
26.21.245
26.21.255
26.21.265
26.21.275
26.21.285
26.21.295
26.21.305
26.21.315
26.21.325
26.21.335
26.21.345
26.21.355
26.21.365
26.21.375
26.21.385
Registration of order for enforcement.
Procedure to register order for enforcement.
Effect of registration for enforcement.
Choice of law—Statute of limitations for arrearages.
Grounds for rendition.
Surrender of individual charged criminally with failure to support an obligee—Conditions of rendition.
ARTICLE 9
MISCELLANEOUS PROVISIONS
26.21.912
26.21.913
26.21.914
26.21.915
26.21.916
Uniformity of application and construction.
Short title.
Severability—1993 c 318.
Captions, part headings, articles not law—1993 c 318.
Effective date—1993 c 318.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Family abandonment or nonsupport: Chapter 26.20 RCW.
ARTICLE 1
GENERAL PROVISIONS
26.21.005 Definitions. (Contingent expiration date.)
In this chapter:
(1) "Child" means an individual, whether over or under
the age of majority, who is or is alleged to be owed a duty of
support by the individual's parent or who is or is alleged to be
the beneficiary of a support order directed to the parent.
(2) "Child support order" means a support order for a
child, including a child who has attained the age of majority
under the law of the issuing state.
(3) "Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or
former spouse, including an unsatisfied obligation to provide
support.
(4) "Home state" means the state in which a child lived
with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a
petition or comparable pleading for support and, if a child is
less than six months old, the state in which the child lived
26.21.005
(2004 Ed.)
Uniform Interstate Family Support Act
from birth with any of them. A period of temporary absence
of any of them is counted as part of the six-month or other
period.
(5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
(6) "Income-withholding order" means an order or other
legal process directed to an obligor's employer or other
debtor, as defined by RCW 50.04.080, to withhold support
from the income of the obligor.
(7) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or
procedure substantially similar to this chapter, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(8) "Initiating tribunal" means the authorized tribunal in
an initiating state.
(9) "Issuing state" means the state in which a tribunal
issues a support order or renders a judgment determining parentage.
(10) "Issuing tribunal" means the tribunal that issues a
support order or renders a judgment determining parentage.
(11) "Law" includes decisional and statutory law and
rules and regulations having the force of law.
(12) "Obligee" means:
(a) An individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(b) A state or political subdivision to which the rights
under a duty of support or support order have been assigned
or which has independent claims based on financial assistance provided to an individual obligee; or
(c) An individual seeking a judgment determining parentage of the individual's child.
(13) "Obligor" means an individual, or the estate of a
decedent:
(a) Who owes or is alleged to owe a duty of support;
(b) Who is alleged but has not been adjudicated to be a
parent of a child; or
(c) Who is liable under a support order.
(14) "Register" means to record or file in the appropriate
location for the recording or filing of foreign judgments generally or foreign support orders specifically, a support order
or judgment determining parentage.
(15) "Registering tribunal" means a tribunal in which a
support order is registered.
(16) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure substantially similar to this chapter, the Uniform
Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(17) "Responding tribunal" means the authorized tribunal in a responding state.
(18) "Spousal support order" means a support order for a
spouse or former spouse of the obligor.
(19) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
(2004 Ed.)
26.21.065
Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
(a) An Indian tribe; and
(b) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support
orders which are substantially similar to the procedures under
this chapter, the Uniform Reciprocal Enforcement of Support
Act, or the Revised Uniform Reciprocal Enforcement of Support Act.
(20) "Support enforcement agency" means a public official or agency authorized to seek:
(a) Enforcement of support orders or laws relating to the
duty of support;
(b) Establishment or modification of child support;
(c) Determination of parentage; or
(d) Location of obligors or their assets.
(21) "Support order" means a judgment, decree, or order,
whether temporary, final, or subject to modification, for the
benefit of a child, a spouse, or a former spouse, that provides
for monetary support, health care, arrearages, or reimbursement, and may include related costs and fees, interest, income
withholding, attorneys' fees, and other relief.
(22) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. [1997 c 58 §
911; 1993 c 318 § 101.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.015
26.21.015 Tribunal of this state. (Contingent expiration date.) The superior court is the state tribunal for judicial
proceedings and the department of social and health services
office of support enforcement is the state tribunal for administrative proceedings. [1993 c 318 § 102.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.016
26.21.016 Rules. The secretary of the department of
social and health services shall issue such rules as necessary
to act as the administrative tribunal pursuant to RCW
26.21.015. [1997 c 58 § 932.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.025
26.21.025 Remedies cumulative. (Contingent expiration date.) Remedies provided by this chapter are cumulative
and do not affect the availability of remedies under other law.
[1993 c 318 § 103.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.065
26.21.065 Child support schedule. A determination of
child support shall be based upon the child support schedule
and standards adopted under *RCW 26.19.040. [1988 c 275
§ 13.]
*Reviser's note: RCW 26.19.040 was repealed by 1991 sp.s. c 28 § 8,
effective September 1, 1991.
[Title 26 RCW—page 63]
26.21.075
Title 26 RCW: Domestic Relations
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
ARTICLE 2
JURISDICTION
PART A
EXTENDED PERSONAL JURISDICTION
26.21.075 Bases for jurisdiction over nonresident.
(Contingent expiration date.) In a proceeding to establish,
enforce, or modify a support order or to determine parentage,
a tribunal of this state may exercise personal jurisdiction over
a nonresident individual or the individual's guardian or conservator if:
(1) The individual is personally served with summons
within this state;
(2) The individual submits to the jurisdiction of this state
by consent, by entering a general appearance, or by filing a
responsive document having the effect of waiving any contest to personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided prenatal expenses or support for the child;
(5) The child resides in this state as a result of the acts or
directives of the individual;
(6) The individual engaged in sexual intercourse in this
state and the child may have been conceived by that act of
intercourse; or
(7) There is any other basis consistent with the Constitutions of this state and the United States for the exercise of personal jurisdiction. [1993 c 318 § 201.]
26.21.075
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.085 Procedure when exercising jurisdiction
over nonresident. (Contingent expiration date.) A tribunal
of this state exercising personal jurisdiction over a nonresident under RCW 26.21.075 may apply RCW 26.21.355 to
receive evidence from another state, and RCW 26.21.375 to
obtain discovery through a tribunal of another state. In all
other respects, Articles 3 through 7 do not apply and the tribunal shall apply the procedural and substantive law of this
state, including the rules on choice of law other than those
established by this chapter. [1993 c 318 § 202.]
26.21.085
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART B
PROCEEDINGS INVOLVING TWO OR MORE STATES
26.21.095
26.21.095 Initiating and responding tribunal of this
state. (Contingent expiration date.) Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. [1993 c 318 §
203.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.105 Simultaneous proceedings in another state.
(Contingent expiration date.) (1) A tribunal of this state may
exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is filed in another state only if:
26.21.105
[Title 26 RCW—page 64]
(a) The petition or comparable pleading in this state is
filed before the expiration of the time allowed in the other
state for filing a responsive pleading challenging the exercise
of jurisdiction by the other state;
(b) The contesting party timely challenges the exercise
of jurisdiction in the other state; and
(c) If relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction
to establish a support order if the petition or comparable
pleading is filed before a petition or comparable pleading is
filed in another state if:
(a) The petition or comparable pleading in the other state
is filed before the expiration of the time allowed in this state
for filing a responsive pleading challenging the exercise of
jurisdiction by this state;
(b) The contesting party timely challenges the exercise
of jurisdiction in this state; and
(c) If relevant, the other state is the home state of the
child. [1993 c 318 § 204.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.115
26.21.115 Continuing, exclusive jurisdiction. (Contingent expiration date.) (1) A tribunal of this state issuing a
support order consistent with the law of this state has continuing, exclusive jurisdiction over a child support order:
(a) As long as this state remains the residence of the obligor, the individual obligee, or the child for whose benefit the
support order is issued; or
(b) Until all of the parties who are individuals have filed
written consents with the tribunal of this state for a tribunal of
another state to modify the order and assume continuing,
exclusive jurisdiction.
(2) A tribunal of this state issuing a child support order
consistent with the law of this state may not exercise its continuing jurisdiction to modify the order if the order has been
modified by a tribunal of another state pursuant to this chapter or a law substantially similar to this chapter.
(3) If a child support order of this state is modified by a
tribunal of another state pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state loses
its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in this state, and may
only:
(a) Enforce the order that was modified as to amounts
accruing before the modification;
(b) Enforce nonmodifiable aspects of that order; and
(c) Provide other appropriate relief for violations of that
order which occurred before the effective date of the modification.
(4) A tribunal of this state shall recognize the continuing,
exclusive jurisdiction of a tribunal of another state that has
issued a child support order pursuant to this chapter or a law
substantially similar to this chapter.
(5) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
(6) A tribunal of this state issuing a support order consistent with the law of this state has continuing, exclusive jurisdiction over a spousal support order throughout the existence
of the support obligation. A tribunal of this state may not
(2004 Ed.)
Uniform Interstate Family Support Act
modify a spousal support order issued by a tribunal of another
state having continuing, exclusive jurisdiction over that order
under the law of that state. [1997 c 58 § 912; 1993 c 318 §
205.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.125
2 6 . 2 1 .1 2 5 O rd e rs — C o m p l i a n c e w i t h R C W
26.23.050. (Contingent expiration date.) Every court order
or decree establishing a child support obligation shall be
entered in compliance with RCW 26.23.050. [1987 c 435 §
23; 1986 c 138 § 2; 1984 c 260 § 22.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1984 c 260: See RCW 26.18.900.
26.21.127
26.21.127 Enforcement and modification of support
order by tribunal having continuing jurisdiction. (Contingent expiration date.) (1) A tribunal of this state may serve
as an initiating tribunal to request a tribunal of another state
to enforce or modify a support order issued in that state.
(2) A tribunal of this state having continuing, exclusive
jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the
continuing, exclusive jurisdiction of the tribunal no longer
resides in the issuing state, in subsequent proceedings the tribunal may apply RCW 26.21.355 to receive evidence from
another state and RCW 26.21.375 to obtain discovery
through a tribunal of another state.
(3) A tribunal of this state that lacks continuing, exclusive jurisdiction over a spousal support order may not serve
as a responding tribunal to modify a spousal support order of
another state. [1993 c 318 § 206.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART C
RECONCILIATION WITH ORDERS OF OTHER STATES
26.21.155
in the current home state of the child, the order most recently
issued controls and must be so recognized.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state
having jurisdiction over the parties shall issue a child support
order, which controls and must be so recognized.
(3) If two or more child support orders have been issued
for the same obligor and child and if the obligor or the individual obligee resides in this state, a party may request a tribunal of this state to determine which order controls and must
be so recognized under subsection (2) of this section. The
request must be accompanied by a certified copy of every
support order in effect. The requesting party shall give notice
of the request to each party whose rights may be affected by
the determination.
(4) The tribunal that issued the controlling order under
subsection (1), (2), or (3) of this section is the tribunal that
has continuing, exclusive jurisdiction under RCW 26.21.115.
(5) A tribunal of this state which determines by order the
identity of the controlling order under subsection (2)(a) or (b)
of this section or which issues a new controlling order under
subsection (2)(c) of this section shall state in that order the
basis upon which the tribunal made its determination.
(6) Within thirty days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal
that issued or registered an earlier order of child support. A
party who obtains the order and fails to file a certified copy is
subject to appropriate sanctions by a tribunal in which the
issue of failure to file arises. The failure to file does not affect
the validity or enforceability of the controlling order. [1997
c 58 § 913; 1993 c 318 § 207.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.145
26.21.135
26.21.135 Recognition of child support orders—Controlling order—Filing certified copy of order. (Contingent
expiration date.) (1) If a proceeding is brought under this
chapter and only one tribunal has issued a child support
order, the order of that tribunal controls and must be so recognized.
(2) If a proceeding is brought under this chapter, and two
or more child support orders have been issued by tribunals of
this state or another state with regard to the same obligor and
child, a tribunal of this state shall apply the following rules in
determining which order to recognize for purposes of continuing, exclusive jurisdiction:
(a) If only one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized.
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued
by a tribunal in the current home state of the child controls
and must be so recognized, but if an order has not been issued
(2004 Ed.)
26.21.145 Multiple child support orders for two or
more obligees. (Contingent expiration date.) In responding
to multiple registrations or petitions for enforcement of two
or more child support orders in effect at the same time with
regard to the same obligor and different individual obligees,
at least one of which was issued by a tribunal of another state,
a tribunal of this state shall enforce those orders in the same
manner as if the multiple orders had been issued by a tribunal
of this state. [1993 c 318 § 208.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.155
26.21.155 Credit for payments. (Contingent expiration date.) Amounts collected and credited for a particular
period pursuant to a support order issued by a tribunal of
another state must be credited against the amounts accruing
or accrued for the same period under a support order issued
by the tribunal of this state. [1993 c 318 § 209.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 65]
26.21.205
Title 26 RCW: Domestic Relations
ARTICLE 3
CIVIL PROVISIONS OF GENERAL APPLICATION
26.21.205
26.21.205 Proceedings under this chapter. (Contingent expiration date.) (1) Except as otherwise provided in
this chapter, this article applies to all proceedings under this
chapter.
(2) This chapter provides for the following proceedings:
(a) Establishment of an order for spousal support or child
support pursuant to Article 4;
(b) Enforcement of a support order and income-withholding order of another state without registration pursuant to
Article 5;
(c) Registration of an order for spousal support or child
support of another state for enforcement pursuant to Article
6;
(d) Modification of an order for child support or spousal
support issued by a tribunal of this state pursuant to Article 2,
Part B;
(e) Registration of an order for child support of another
state for modification pursuant to Article 6;
(f) Determination of parentage pursuant to Article 7; and
(g) Assertion of jurisdiction over nonresidents pursuant
to Article 2, Part A.
(3) An individual petitioner or a support enforcement
agency may commence a proceeding authorized under this
chapter by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a
comparable pleading directly in a tribunal of another state
which has or can obtain personal jurisdiction over the respondent. [1993 c 318 § 301.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.215
26.21.215 Action by minor parent. (Contingent expiration date.) A minor parent, or a guardian or other legal
representative of a minor parent, may maintain a proceeding
on behalf of or for the benefit of the minor's child. [1993 c
318 § 302.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.225
26.21.225 Application of law of this state. (Contingent
expiration date.) Except as otherwise provided by this chapter, a responding tribunal of this state:
(1) Shall apply the procedural and substantive law,
including the rules on choice of law, generally applicable to
similar proceedings originating in this state and may exercise
all powers and provide all remedies available in those proceedings; and
(2) Shall determine the duty of support and the amount
payable in accordance with the law and support guidelines of
this state. [1993 c 318 § 303.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.235
26.21.235 Duties of initiating tribunal. (Contingent
expiration date.) (1) Upon the filing of a petition authorized
by this chapter, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents:
(a) To the responding tribunal or appropriate support
enforcement agency in the responding state; or
[Title 26 RCW—page 66]
(b) If the identity of the responding tribunal is unknown,
to the state information agency of the responding state with a
request that they be forwarded to the appropriate tribunal and
that receipt be acknowledged.
(2) If a responding state has not enacted the Uniform
Interstate Family Support Act or a law or procedure substantially similar to the Uniform Interstate Family Support Act, a
tribunal of this state may issue a certificate or other document
and make findings required by the law of the responding
state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide
other documents necessary to satisfy the requirements of the
responding state. [1997 c 58 § 914; 1993 c 318 § 304.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.245
26.21.245 Duties and powers of responding tribunal.
(Contingent expiration date.) (1) When a responding tribunal of this state receives a petition or comparable pleading
from an initiating tribunal or directly pursuant to RCW
26.21.205(3), it shall cause the petition or pleading to be filed
and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent otherwise authorized by law, may do one or more of the following:
(a) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage;
(b) Order an obligor to comply with a support order,
specifying the amount and the manner of compliance;
(c) Order income withholding;
(d) Determine the amount of any arrearages, and specify
a method of payment;
(e) Enforce orders by civil or criminal contempt, or both;
(f) Set aside property for satisfaction of the support
order;
(g) Place liens and order execution on the obligor's property;
(h) Order an obligor to keep the tribunal informed of the
obligor's current residential address, telephone number,
employer, address of employment, and telephone number at
the place of employment;
(i) Issue a bench warrant or writ of arrest for an obligor
who has failed after proper notice to appear at a hearing
ordered by the tribunal and enter the bench warrant or writ of
arrest in any local and state computer systems for criminal
warrants;
(j) Order the obligor to seek appropriate employment by
specified methods;
(k) Award reasonable attorneys' fees and other fees and
costs; and
(l) Grant any other available remedy.
(3) A responding tribunal of this state shall include in a
support order issued under this chapter, or in the documents
accompanying the order, the calculations on which the support order is based.
(4) A responding tribunal of this state may not condition
the payment of a support order issued under this chapter upon
compliance by a party with provisions for visitation.
(2004 Ed.)
Uniform Interstate Family Support Act
(5) If a responding tribunal of this state issues an order
under this chapter, the tribunal shall send a copy of the order
to the petitioner and the respondent and to the initiating tribunal, if any. [1997 c 58 § 915; 1993 c 318 § 305.]
26.21.305
agency to perform its duties under this chapter or may provide those services directly to the individual. [1993 c 318 §
308.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.255
26.21.255 Inappropriate tribunal. (Contingent expiration date.) If a petition or comparable pleading is received
by an inappropriate tribunal of this state, it shall forward the
pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner
where and when the pleading was sent. [1997 c 58 § 916;
1993 c 318 § 306.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.265
26.21.265 Duties of support enforcement agency.
(Contingent expiration date.) (1) A support enforcement
agency of this state, upon request, shall provide services to a
petitioner in a proceeding under this chapter.
(2) A support enforcement agency that is providing services to the petitioner as appropriate shall:
(a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over
the respondent;
(b) Request an appropriate tribunal to set a date, time,
and place for a hearing;
(c) Make a reasonable effort to obtain all relevant information, including information as to income and property of
the parties;
(d) Within five days, exclusive of Saturdays, Sundays,
and legal holidays, after receipt of a written notice from an
initiating, responding, or registering tribunal, send a copy of
the notice to the petitioner;
(e) Within five days, exclusive of Saturdays, Sundays,
and legal holidays, after receipt of a written communication
from the respondent or the respondent's attorney, send a copy
of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) This chapter does not create or negate a relationship
of attorney and client or other fiduciary relationship between
a support enforcement agency or the attorney for the agency
and the individual being assisted by the agency. [1997 c 58 §
917; 1993 c 318 § 307.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.275 Duty of attorney general. (Contingent expiration date.) If the attorney general determines that the support enforcement agency is neglecting or refusing to provide
services to an individual, the attorney general may order the
26.21.275
(2004 Ed.)
26.21.285
26.21.285 Private counsel. (Contingent expiration
date.) An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
[1993 c 318 § 309.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.295
26.21.295 Duties of department as state information
agency. (Contingent expiration date.) (1) The department of
social and health services office of support enforcement is the
state information agency under this chapter.
(2) The state information agency shall:
(a) Compile and maintain a current list, including
addresses, of the tribunals in this state that have jurisdiction
under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency
of every other state;
(b) Maintain a register of tribunals and support enforcement agencies received from other states;
(c) Forward to the appropriate tribunal in the place in this
state in which the individual obligee or the obligor resides, or
in which the obligor's property is believed to be located, all
documents concerning a proceeding under this chapter
received from an initiating tribunal or the state information
agency of the initiating state; and
(d) Obtain information concerning the location of the
obligor and the obligor's property within this state not exempt
from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and
examination of governmental records, including, to the extent
not prohibited by other law, those relating to real property,
vital statistics, law enforcement, taxation, motor vehicles,
driver's licenses, and social security. [1993 c 318 § 310.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.305
26.21.305 Pleadings and accompanying documents.
(Contingent expiration date.) (1) A petitioner seeking to
establish or modify a support order or to determine parentage
in a proceeding under this chapter must verify the petition.
Unless otherwise ordered under RCW 26.21.315, the petition
or accompanying documents must provide, so far as known,
the name, residential address, and social security numbers of
the obligor and the obligee, and the name, sex, residential
address, social security number, and date of birth of each
child for whom support is sought. The petition must be
accompanied by a certified copy of any support order in
effect. The petition may include any other information that
may assist in locating or identifying the respondent.
(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated
by federal law for use in cases filed by a support enforcement
agency.
(3) A petitioner seeking to establish or modify a support
order or to determine parentage in a proceeding under this
[Title 26 RCW—page 67]
26.21.315
Title 26 RCW: Domestic Relations
chapter shall file a properly completed confidential information form or equivalent as described in RCW 26.23.050 to
satisfy the requirements of subsection (1) of this section. A
completed confidential information form shall be deemed an
"accompanying document" under subsection (1) of this section. [2001 c 42 § 2; 1993 c 318 § 311.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Effective date—Severability—2001 c 42: See notes following RCW
26.09.020.
26.21.315
26.21.315 Nondisclosure of information—Circumstances. (Contingent expiration date.) Upon a finding,
which may be made ex parte, that the health, safety, or liberty
of a party or child would be unreasonably put at risk by the
disclosure of identifying information, or if an existing order
so provides, a tribunal shall order that the address of the child
or party or other identifying information not be disclosed in a
pleading or other document filed in a proceeding under this
chapter. [1993 c 318 § 312.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.325
26.21.325 Costs—Fees. (Contingent expiration date.)
(1) The petitioner may not be required to pay a filing fee or
other costs.
(2) If an obligee prevails in a support enforcement proceeding, a responding tribunal may assess against an obligor
filing fees, reasonable attorneys' fees, other costs, and necessary travel and other reasonable expenses incurred by the
obligee and the obligee's witnesses. The tribunal in a support
enforcement proceeding may not assess fees, costs, or
expenses against the obligee or the support enforcement
agency of either the initiating or the responding state, except
as provided by RCW 4.84.080, civil rule 11 or, if the obligee
or the support enforcement agency has acted in bad faith.
(3) A responding tribunal may assess filing fees, reasonable attorneys' fees, and other costs to either party, and necessary travel and other reasonable costs incurred by the obligee
and the obligee's witnesses to the obligee, in a proceeding to
establish or modify support. Assessments under this section
shall be made in accordance with RCW 4.84.080 and
26.09.140 and civil rule 11.
(4) Attorneys' fees may be taxed as costs, and may be
ordered paid directly to the attorney, who may enforce the
order in the attorney's own name. Payment of support owed
to the obligee has priority over fees, costs, and expenses.
(5) The tribunal shall order the payment of costs and reasonable attorneys' fees if it determines that a hearing was
requested primarily for delay. [1993 c 318 § 313.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.335
26.21.335 Limited immunity of petitioner. (Contingent expiration date.) (1) Participation by a petitioner in a
proceeding before a responding tribunal, whether in person,
by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding.
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a
proceeding under this chapter.
[Title 26 RCW—page 68]
(3) The immunity granted by this section does not extend
to civil litigation based on acts unrelated to a proceeding
under this chapter committed by a party while present in this
state to participate in the proceeding. [1993 c 318 § 314.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.345
26.21.345 Nonparentage as defense. (Contingent
expiration date.) A party whose parentage of a child has
been previously determined by order of a tribunal may not
plead nonparentage as a defense to a proceeding under this
chapter. [1993 c 318 § 315.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.355
26.21.355 Special rules of evidence and procedure.
(Contingent expiration date.) (1) The physical presence of
the petitioner in a responding tribunal of this state is not
required for the establishment, enforcement, or modification
of a support order or the rendition of a judgment determining
parentage.
(2) A verified petition, affidavit, document substantially
complying with federally mandated forms, and a document
incorporated by reference in any of them, not excluded under
the hearsay rule if given in person, is admissible in evidence
if given under oath by a party or witness residing in another
state.
(3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy
is evidence of facts asserted in it, and is admissible to show
whether payments were made.
(4) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are
admissible in evidence to prove the amount of the charges
billed and that the charges were reasonable, necessary, and
customary.
(5) Documentary evidence transmitted from another
state to a tribunal of this state by telephone, telecopier, or
other means that do not provide an original writing may not
be excluded from evidence on an objection based on the
means of transmission.
(6) In a proceeding under this chapter, a tribunal of this
state may permit a party or witness residing in another state to
be deposed or to testify by telephone, audiovisual means, or
other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with
tribunals of other states in designating an appropriate location
for the deposition or testimony.
(7) If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from
the refusal.
(8) A privilege against disclosure of communications
between spouses does not apply in a proceeding under this
chapter.
(9) The defense of immunity based on the relationship of
husband and wife or parent and child does not apply in a proceeding under this chapter. [1993 c 318 § 316.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
(2004 Ed.)
Uniform Interstate Family Support Act
26.21.365
26.21.365 Communications between tribunals. (Contingent expiration date.) A tribunal of this state may communicate with a tribunal of another state in writing, or by
telephone or other means, to obtain information concerning
the laws of that state, the legal effect of a judgment, decree,
or order of that tribunal, and the status of a proceeding in the
other state. A tribunal of this state may furnish similar information by similar means to a tribunal of another state. [1993
c 318 § 317.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.375
26.21.375 Assistance with discovery. (Contingent
expiration date.) A tribunal of this state may:
(1) Request a tribunal of another state to assist in obtaining discovery; and
(2) Upon request, compel a person over whom it has
jurisdiction to respond to a discovery order issued by a tribunal of another state. [1993 c 318 § 318.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.385
26.21.385 Receipt and disbursement of payments.
(Contingent expiration date.) A support enforcement
agency or tribunal of this state shall disburse promptly any
amounts received pursuant to a support order, as directed by
the order. The agency or tribunal shall furnish to a requesting
party or tribunal of another state a certified statement by the
custodian of the record of the amounts and dates of all payments received. [1993 c 318 § 319.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 4
ESTABLISHMENT OF SUPPORT ORDER
26.21.420
26.21.420 Petition to establish support order—
Notice—Hearing—Orders. (Contingent expiration date.)
(1) If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state may
issue a support order if:
(a) The individual seeking the order resides in another
state; or
(b) The support enforcement agency seeking the order is
located in another state.
(2) The tribunal may issue a temporary child support
order if:
(a) The respondent has signed a verified statement
acknowledging parentage;
(b) The respondent has been determined by order of a tribunal to be the parent; or
(c) There is other clear, cogent, and convincing evidence
that the respondent is the child's parent.
(3) Upon finding, after notice and opportunity to be
heard, that an obligor owes a duty of support, the tribunal
shall issue a support order directed to the obligor and may
issue other orders pursuant to RCW 26.21.245. [1993 c 318
§ 401.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
(2004 Ed.)
26.21.453
ARTICLE 5
DIRECT ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
26.21.450
26.21.450 Recognition of income-withholding order
of another state. (Contingent expiration date.) An incomewithholding order issued in another state may be sent to the
person or entity defined as the obligor's employer under
RCW 50.04.080 without first filing a petition or comparable
pleading or registering the order with a tribunal of this state.
[1997 c 58 § 918; 1993 c 318 § 501.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.452
26.21.452 Employer's compliance with income-withholding order of another state. (Contingent expiration
date.) (1) Upon receipt of an income-withholding order, the
obligor's employer shall immediately provide a copy of the
order to the obligor.
(2) The employer shall treat an income-withholding
order issued in another state that appears regular on its face as
if it had been issued by a tribunal of this state.
(3) Except as provided in subsection (4) of this section
and RCW 26.21.453, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify:
(a) The duration and amount of periodic payments of
current child support, stated as a sum certain;
(b) The person or agency designated to receive payments
and the address to which the payments are to be forwarded;
(c) Medical support, whether in the form of periodic cash
payment, stated as sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy
available through the obligor's employment;
(d) The amount of periodic payments of fees and costs
for a support enforcement agency, the issuing tribunal, and
the obligee's attorney, stated as sum certain; and
(e) The amount of periodic payments of arrearages and
interest on arrearages, stated as sum certain.
(4) The employer shall comply with the law of the state
of the obligor's principal place of employment for withholding from income with respect to:
(a) The employer's fee for processing an income-withholding order;
(b) The maximum amount permitted to be withheld from
the obligor's income; and
(c) The times within which the employer must implement the withholding order and forward the child support
payment. [1997 c 58 § 919.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.453
26.21.453 Compliance with multiple income-withholding orders. (Contingent expiration date.) If an obligor's employer receives multiple income-withholding orders
[Title 26 RCW—page 69]
26.21.455
Title 26 RCW: Domestic Relations
with respect to the earnings of the same obligor, the employer
satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place
of employment to establish the priorities for withholding and
allocating income withheld for multiple child support obligees. [1997 c 58 § 920.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
required for registering the order to a support enforcement
agency of this state.
(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order,
shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support
order or an income-withholding order, or both. If the obligor
does not contest administrative enforcement, the order need
not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
[1993 c 318 § 502.]
26.21.455
26.21.455 Immunity from civil liability. (Contingent
expiration date.) An employer who complies with an
income-withholding order issued in another state in accordance with this article is not subject to civil liability to an
individual or agency with regard to the employer's withholding of child support from the obligor's income. [1997 c 58 §
921.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 6
ENFORCEMENT AND MODIFICATION OF
SUPPORT ORDER AFTER REGISTRATION
PART A
REGISTRATION AND ENFORCEMENT OF
SUPPORT ORDER
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.456
26.21.456 Penalties for noncompliance. (Contingent
expiration date.) An employer who willfully fails to comply
with an income-withholding order issued by another state and
received for enforcement is subject to the same penalties that
may be imposed for noncompliance with an order issued by a
tribunal of this state. [1997 c 58 § 922.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.458
26.21.458 Contest by obligor. (Contingent expiration
date.) (1) An obligor may contest the validity or enforcement
of an income-withholding order issued in another state and
received directly by an employer in this state in the same
manner as if the order had been issued by a tribunal of this
state. RCW 26.21.510 applies to the contest.
(2) The obligor shall give notice of the contest to:
(a) A support enforcement agency providing services to
the obligee;
(b) Each employer that has directly received an incomewithholding order; and
(c) The person or agency designated to receive payments
in the income-withholding order, or if no person or agency is
designated, to the obligee. [1997 c 58 § 923.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.460
26.21.460 Administrative enforcement of orders.
(Contingent expiration date.) (1) A party seeking to enforce
a support order or an income-withholding order, or both,
issued by a tribunal of another state may send the documents
[Title 26 RCW—page 70]
26.21.480
26.21.480 Registration of order for enforcement.
(Contingent expiration date.) A support order or an incomewithholding order issued by a tribunal of another state may be
registered in this state for enforcement. [1993 c 318 § 601.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.490
26.21.490 Procedure to register order for enforcement. (Contingent expiration date.) (1) A support order or
income-withholding order of another state may be registered
in this state by sending the following documents and information to the support enforcement agency of this state or to
the superior court of any county in this state where the obligor resides, works, or has property:
(a) A letter of transmittal to the tribunal requesting registration and enforcement;
(b) Two copies, including one certified copy, of all
orders to be registered, including any modification of an
order;
(c) A sworn statement by the party seeking registration
or a certified statement by the custodian of the records showing the amount of any arrearage;
(d) The name of the obligor and, if known:
(i) The obligor's address and social security number;
(ii) The name and address of the obligor's employer and
any other source of income of the obligor; and
(iii) A description and the location of property of the
obligor in this state not exempt from execution; and
(e) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be
remitted.
(2) On receipt of a request for registration, the registering
tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
(3) A petition or comparable pleading seeking a remedy
that must be affirmatively sought under other law of this state
may be filed at the same time as the request for registration or
later. The pleading must specify the grounds for the remedy
sought. [1997 c 58 § 924; 1993 c 318 § 602.]
(2004 Ed.)
Uniform Interstate Family Support Act
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.540
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.530 Procedure to contest validity or enforcement of registered order. (Contingent expiration date.) (1)
A nonregistering party seeking to contest the validity or
enforcement of a registered order in this state shall request a
hearing within twenty days after the date of receipt of certified or registered mail or the date of personal service of
notice of the registration on the nonmoving party within this
state, or, within sixty days after the receipt of certified or registered mail or personal service of the notice on the nonmoving party outside of the state. The nonregistering party may
seek to vacate the registration, to assert any defense to an
allegation of noncompliance with the registered order, or to
contest the remedies being sought or the amount of any
alleged arrearages pursuant to RCW 26.21.540.
(2) If the nonregistering party fails to contest the validity
or enforcement of the registered order in a timely manner, the
order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest
the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give
notice to the parties of the date, time, and place of the hearing. [1997 c 58 § 926; 1993 c 318 § 606.]
26.21.530
26.21.500
26.21.500 Effect of registration for enforcement.
(Contingent expiration date.) (1) A support order or
income-withholding order issued in another state is registered
when the order is filed in the registering tribunal of this state.
(2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures
as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this article, a tribunal
of this state shall recognize and enforce, but may not modify,
a registered order if the issuing tribunal had jurisdiction.
[1993 c 318 § 603.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.510
26.21.510 Choice of law—Statute of limitations for
arrearages. (Contingent expiration date.) (1) The law of
the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and
the payment of arrearages under the order.
(2) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state, whichever is longer, applies. [1993 c 318 § 604.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART B
CONTEST OF VALIDITY OR ENFORCEMENT
26.21.520
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.520 Notice of registration of order. (Contingent
expiration date.) (1) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The
notice must be accompanied by a copy of the registered order
and the documents and relevant information accompanying
the order.
(2) The notice must inform the nonregistering party:
(a) That a registered order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of this state;
(b) That a hearing to contest the validity or enforcement
of the registered order must be requested within twenty days
after the date of receipt by certified or registered mail or personal service of the notice given to a nonregistering party
within the state and within sixty days after the date of receipt
by certified or registered mail or personal service of the
notice on a nonregistering party outside of the state;
(c) That failure to contest the validity or enforcement of
the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the
alleged arrearages and precludes further contest of that order
with respect to any matter that could have been asserted; and
(d) Of the amount of any alleged arrearages.
(3) Upon registration of an income-withholding order for
enforcement, the registering tribunal shall notify the obligor's
employer pursuant to the income-withholding law of this
state. [1997 c 58 § 925; 1993 c 318 § 605.]
26.21.540 Contest of registration or enforcement.
(Contingent expiration date.) (1) A party contesting the
validity or enforcement of a registered order or seeking to
vacate the registration has the burden of proving one or more
of the following defenses:
(a) The issuing tribunal lacked personal jurisdiction over
the contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended, or modified
by a later order;
(d) The issuing tribunal has stayed the order pending
appeal;
(e) There is a defense under the law of this state to the
remedy sought;
(f) Full or partial payment has been made; or
(g) The statute of limitation under RCW 26.21.510 precludes enforcement of some or all of the arrearages.
(2) If a party presents evidence establishing a full or partial defense under subsection (1) of this section, a tribunal
may stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested
portion of the registered order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense
under subsection (1) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order
confirming the order. [1993 c 318 § 607.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
(2004 Ed.)
26.21.540
[Title 26 RCW—page 71]
26.21.550
Title 26 RCW: Domestic Relations
26.21.550
26.21.550 Confirmed order. (Contingent expiration
date.) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have
been asserted at the time of registration. [1993 c 318 § 608.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART C
REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
26.21.560
26.21.560 Procedure to register child support order
of another state for modification. (Contingent expiration
date.) A party or support enforcement agency seeking to
modify, or to modify and enforce, a child support order
issued in another state shall register that order in this state in
the same manner provided in Part A of this article if the order
has not been registered. A petition for modification may be
filed at the same time as a request for registration, or later.
The pleading must specify the grounds for modification.
[1993 c 318 § 609.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.570
26.21.570 Effect of registration for modification—
Authority to enforce registered order. (Contingent expiration date.) A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by
a tribunal of this state, but the registered order may be modified only if the requirements of RCW 26.21.580 have been
met. [1993 c 318 § 610.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.580
26.21.580 Modification of child support order of
another state. (Contingent expiration date.) (1) After a
child support order issued in another state has been registered
in this state, the responding tribunal of this state may modify
that order only if RCW 26.21.595 does not apply and after
notice and hearing it finds that:
(a) The following requirements are met:
(i) The child, the individual obligee, and the obligor do
not reside in the issuing state;
(ii) A petitioner who is a nonresident of this state seeks
modification; and
(iii) The respondent is subject to the personal jurisdiction
of the tribunal of this state; or
(b) The child, or a party who is an individual, is subject
to the personal jurisdiction of the tribunal of this state and all
of the parties who are individuals have filed written consents
in the issuing tribunal for a tribunal of this state to modify the
support order and assume continuing, exclusive jurisdiction
over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures
substantially similar to the procedures under the Uniform
Interstate Family Support Act, the consent otherwise required
of an individual residing in this state is not required for the
tribunal to assume jurisdiction to modify the child support
order.
(2) Modification of a registered child support order is
subject to the same requirements, procedures, and defenses
[Title 26 RCW—page 72]
that apply to the modification of an order issued by a tribunal
of this state and the order may be enforced and satisfied in the
same manner.
(3) A tribunal of this state may not modify any aspect of
a child support order that may not be modified under the law
of the issuing state. If two or more tribunals have issued child
support orders for the same obligor and child, the order that
controls and must be so recognized under RCW 26.21.135
establishes the aspects of the support order that are nonmodifiable.
(4) On issuance of an order modifying a child support
order issued in another state, a tribunal of this state becomes
the tribunal having continuing, exclusive jurisdiction. [1997
c 58 § 927; 1993 c 318 § 611.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.590
26.21.590 Recognition of order modified in another
state—Enforcement. (Contingent expiration date.) A tribunal of this state shall recognize a modification of its earlier
child support order by a tribunal of another state that assumed
jurisdiction pursuant to the Uniform Interstate Family Support Act or a law substantially similar to this chapter and,
upon request, except as otherwise provided in this chapter,
shall:
(1) Enforce the order that was modified only as to
amounts accruing before the modification;
(2) Enforce only nonmodifiable aspects of that order;
(3) Provide other appropriate relief only for violations of
that order which occurred before the effective date of the
modification; and
(4) Recognize the modifying order of the other state,
upon registration, for the purpose of enforcement. [1997 c 58
§ 928; 1993 c 318 § 612.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.595
26.21.595 Jurisdiction to modify child support order
of another state if individual parties reside in this state—
Application of chapter. (Contingent expiration date.) (1) If
all of the parties who are individuals reside in this state and
the child does not reside in the issuing state, a tribunal of this
state has jurisdiction to enforce and to modify the issuing
state's child support order in a proceeding to register that
order.
(2) A tribunal of this state exercising jurisdiction under
this section shall apply the provisions of Articles 1 and 2, this
article, and the procedural and substantive law of this state to
the proceeding for enforcement or modification. Articles 3, 4,
5, 7, and 8 of this chapter do not apply. [1997 c 58 § 929.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
(2004 Ed.)
Uniform Interstate Family Support Act
26.21.600 Notice to issuing tribunal of modification.
(Contingent expiration date.) Within thirty days after issuance of a modified child support order, the party obtaining
the modification shall file a certified copy of the order with
the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the
party knows the earlier order has been registered. A party
who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue
of failure to file arises. The failure to file does not affect the
validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. [1997 c 58 §
930.]
26.21.600
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
ARTICLE 7
DETERMINATION OF PARENTAGE
26.21.620
26.21.620 Proceeding to determine parentage. (Contingent expiration date.) (1) A tribunal of this state may
serve as an initiating or responding tribunal in a proceeding
brought under this chapter or a law or procedure substantially
similar to this chapter, the Uniform Reciprocal Enforcement
of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is a parent of a particular child or to determine that a respondent is a
parent of that child.
(2) In a proceeding to determine parentage, a responding
tribunal of this state shall apply the Uniform Parentage Act,
chapter 26.26 RCW, procedural and substantive law of this
state, and the rules of this state on choice of law. [1997 c 58
§ 931; 1993 c 318 § 701.]
and has not fled from the demanding state. [1993 c 318 §
801.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.650
26.21.650 Surrender of individual charged criminally with failure to support an obligee—Conditions of
rendition. (Contingent expiration date.) (1) Before making
demand that the governor of another state surrender an individual charged criminally in this state with having failed to
provide for the support of an obligee, the governor of this
state may require a prosecutor of this state to demonstrate that
at least sixty days previously the obligee had initiated
proceedings for support pursuant to this chapter or that the
proceeding would be of no avail.
(2) If, under this chapter or a law substantially similar to
this chapter, the Uniform Reciprocal Enforcement of Support
Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a demand that
the governor of this state surrender an individual charged
criminally in that state with having failed to provide for the
support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that
a proceeding would be effective but has not been initiated,
the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the
demand if the individual is complying with the support order.
[1993 c 318 § 802.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
ARTICLE 8
INTERSTATE RENDITION
26.21.640 Grounds for rendition. (Contingent expiration date.) (1) For purposes of this article, "governor"
includes an individual performing the functions of governor
or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) Demand that the governor of another state surrender
an individual found in the other state who is charged criminally in this state with having failed to provide for the support
of an obligee; or
(b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the
support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the
individual whose surrender is demanded was not in the
demanding state when the crime was allegedly committed
26.21.640
(2004 Ed.)
26.21.915
ARTICLE 9
MISCELLANEOUS PROVISIONS
26.21.912
26.21.912 Uniformity of application and construction. (Contingent expiration date.) This chapter shall be
applied and construed to effectuate its general purpose to
make uniform the law with respect to the subject of this chapter among states enacting it. [1993 c 318 § 901.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.913
26.21.913 Short title. (Contingent expiration date.)
This chapter may be cited as the uniform interstate family
support act. [1993 c 318 § 902.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.914
26.21.914 Severability—1993 c 318. (Contingent expiration date.) If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. [1993 c 318 § 903.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.915
26.21.915 Captions, part headings, articles not law—
1993 c 318. (Contingent expiration date.) Captions, part
[Title 26 RCW—page 73]
26.21.916
Title 26 RCW: Domestic Relations
ARTICLE 5
ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
headings, and article designations as used in this act constitute no part of the law. [1993 c 318 § 906.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.916
26.21.916 Effective date—1993 c 318. (Contingent
expiration date.) This act shall take effect July 1, 1994.
[1993 c 318 § 907.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Chapter 26.21A RCW
UNIFORM INTERSTATE FAMILY SUPPORT ACT
(Contingent effective date—See RCW 26.21A.900)
26.21A.400 Employer's receipt of income-withholding order of another
state.
26.21A.405 Employer's compliance with income-withholding order of
another state.
26.21A.410 Employer's compliance with two or more income-withholding
orders.
26.21A.415 Immunity from civil liability.
26.21A.420 Penalties for noncompliance.
26.21A.425 Contest by obligor.
26.21A.430 Administrative enforcement of orders.
Chapter 26.21A
Sections
ARTICLE 1
GENERAL PROVISIONS
26.21A.005
26.21A.010
26.21A.015
26.21A.020
Short title.
Definitions.
Tribunal of this state.
Remedies cumulative.
ARTICLE 2
JURISDICTION
PART 1
EXTENDED PERSONAL JURISDICTION
ARTICLE 6
REGISTRATION, ENFORCEMENT, AND
MODIFICATION OF SUPPORT ORDER
PART 1
REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
26.21A.500
26.21A.505
26.21A.510
26.21A.515
PART 2
CONTEST OF VALIDITY OR ENFORCEMENT
26.21A.520 Notice of registration of order.
26.21A.525 Procedure to contest validity or enforcement of registered
order.
26.21A.530 Contest of registration or enforcement.
26.21A.535 Confirmed order.
26.21A.100 Bases for jurisdiction over nonresident.
26.21A.105 Procedure when exercising jurisdiction over nonresident.
PART 2
PROCEEDINGS INVOLVING TWO OR MORE STATES
26.21A.110 Initiating and responding tribunal of this state.
26.21A.115 Simultaneous proceedings.
26.21A.120 Continuing, exclusive jurisdiction to modify child support
order.
26.21A.125 Continuing jurisdiction to enforce child support order.
PART 3
RECONCILIATION OF TWO OR MORE ORDERS
26.21A.130
26.21A.135
26.21A.140
26.21A.145
26.21A.150
Determination of controlling child support order.
Child support orders for two or more obligees.
Credit for payments.
Continuing, exclusive jurisdiction over nonresident party.
Continuing, exclusive jurisdiction to modify spousal support
order.
ARTICLE 3
CIVIL PROVISIONS OF GENERAL APPLICATION
26.21A.200
26.21A.205
26.21A.210
26.21A.215
26.21A.220
26.21A.225
26.21A.230
26.21A.235
26.21A.240
26.21A.245
26.21A.250
26.21A.255
26.21A.260
26.21A.265
26.21A.270
26.21A.275
26.21A.280
26.21A.285
26.21A.290
Proceedings under this chapter.
Proceeding by minor parent.
Application of law of this state.
Duties of initiating tribunal.
Duties and powers of responding tribunal.
Inappropriate tribunal.
Duties of support enforcement agency.
Duty of state official or agency.
Private counsel.
Duties of state information agency.
Pleadings and accompanying documents.
Nondisclosure of information in exceptional circumstances.
Costs and fees.
Limited immunity of petitioner.
Nonparentage as defense.
Special rules of evidence and procedures.
Communications between tribunals.
Assistance with discovery.
Receipt and disbursement of payments.
ARTICLE 4
ESTABLISHMENT OF SUPPORT ORDER
26.21A.350 Petition to establish support order.
[Title 26 RCW—page 74]
Registration of order for enforcement.
Procedure to register order for enforcement.
Effect of registration for enforcement.
Choice of law.
PART 3
REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
26.21A.540 Procedure to register child support order of another state for
modification.
26.21A.545 Effect of registration for modification.
26.21A.550 Modification of child support order of another state.
26.21A.555 Recognition of order modified in another state.
26.21A.560 Jurisdiction to modify child support order of another state
when individual parties reside in this state.
26.21A.565 Notice to issuing tribunal of modification.
26.21A.570 Jurisdiction to modify child support order of foreign country or
political subdivision.
ARTICLE 7
DETERMINATION OF PARENTAGE
26.21A.600 Proceeding to determine parentage.
ARTICLE 8
INTERSTATE RENDITION
26.21A.650 Grounds for rendition.
26.21A.655 Conditions of rendition.
ARTICLE 9
MISCELLANEOUS PROVISIONS
26.21A.900
26.21A.905
26.21A.910
26.21A.915
Contingent effective date—2002 c 198.
Uniformity of application and construction.
Severability—2002 c 198.
Captions, part headings, and articles not part of law—2002 c
198.
ARTICLE 1
GENERAL PROVISIONS
26.21A.005
26.21A.005 Short title. (Contingent effective date.)
This chapter may be cited as the uniform interstate family
support act. [2002 c 198 § 101.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.010
26.21A.010 Definitions. (Contingent effective date.)
In this chapter:
(2004 Ed.)
Uniform Interstate Family Support Act
(1) "Child" means an individual, whether over or under
the age of majority, who is or is alleged to be owed a duty of
support by the individual's parent or who is or is alleged to be
the beneficiary of a support order directed to the parent.
(2) "Child support order" means a support order for a
child, including a child who has attained the age of majority
under the law of the issuing state.
(3) "Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or
former spouse, including an unsatisfied obligation to provide
support.
(4) "Home state" means the state in which a child lived
with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a
petition or comparable pleading for support and, if a child is
less than six months old, the state in which the child lived
from birth with any of them. A period of temporary absence
of any of them is counted as part of the six-month or other
period.
(5) "Income" includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of this state.
(6) "Income-withholding order" means an order or other
legal process directed to an obligor's employer or other
debtor, as defined by RCW 50.04.080, to withhold support
from the income of the obligor.
(7) "Initiating state" means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this chapter or a law or
procedure substantially similar to this chapter.
(8) "Initiating tribunal" means the authorized tribunal in
an initiating state.
(9) "Issuing state" means the state in which a tribunal
issues a support order or renders a judgment determining parentage.
(10) "Issuing tribunal" means the tribunal that issues a
support order or renders a judgment determining parentage.
(11) "Law" includes decisional and statutory law and
rules having the force of law.
(12) "Obligee" means:
(a) An individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has been
issued or a judgment determining parentage has been rendered;
(b) A state or political subdivision to which the rights
under a duty of support or support order have been assigned
or which has independent claims based on financial assistance provided to an individual obligee; or
(c) An individual seeking a judgment determining parentage of the individual's child.
(13) "Obligor" means an individual, or the estate of a
decedent:
(a) Who owes or is alleged to owe a duty of support;
(b) Who is alleged but has not been adjudicated to be a
parent of a child; or
(c) Who is liable under a support order.
(14) "Person" means: An individual, corporation, business trust, estate, trust, partnership, limited liability company,
association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any
other legal or commercial entity.
(2004 Ed.)
26.21A.020
(15) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(16) "Register" means to record or file a support order or
judgment determining parentage in the appropriate location
for the recording or filing of foreign judgments generally or
foreign support orders specifically.
(17) "Registering tribunal" means a tribunal in which a
support order is registered.
(18) "Responding state" means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this chapter or a law or procedure substantially similar to this chapter.
(19) "Responding tribunal" means the authorized tribunal in a responding state.
(20) "Spousal support order" means a support order for a
spouse or former spouse of the obligor.
(21) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
(a) An Indian tribe; and
(b) A foreign country or political subdivision that:
(i) Has been declared to be a foreign reciprocating country or political subdivision under federal law;
(ii) Has established a reciprocal arrangement for child
support with this state as provided in RCW 26.21A.235; or
(iii) Has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this chapter.
(22) "Support enforcement agency" means a public official or agency authorized to seek:
(a) Enforcement of support orders or laws relating to the
duty of support;
(b) Establishment or modification of child support;
(c) Determination of parentage;
(d) Location of obligors or their assets; or
(e) Determination of the controlling child support order.
(23) "Support order" means a judgment, decree, order, or
directive, whether temporary, final, or subject to modification, issued by a tribunal for the benefit of a child, a spouse,
or a former spouse, that provides for monetary support,
health care, arrearages, or reimbursement, and may include
related costs and fees, interest, income withholding, attorneys' fees, and other relief.
(24) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. [2002 c 198 §
102.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.015
26.21A.015 Tribunal of this state. (Contingent effective date.) The superior court is the state tribunal for judicial
proceedings and the department of social and health services
division of child support is the state tribunal for administrative proceedings. [2002 c 198 § 103.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.020
26.21A.020 Remedies cumulative. (Contingent effective date.) (1) Remedies provided by this chapter are cumu[Title 26 RCW—page 75]
26.21A.100
Title 26 RCW: Domestic Relations
lative and do not affect the availability of remedies under
other law, including the recognition of a support order of a
foreign country or political subdivision on the basis of
comity.
(2) This chapter does not:
(a) Provide the exclusive method of establishing or
enforcing a support order under the law of this state; or
(b) Grant a tribunal of this state jurisdiction to render
judgment or issue an order relating to child custody or visitation in a proceeding under this chapter. [2002 c 198 § 104.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 2
JURISDICTION
PART 1
EXTENDED PERSONAL JURISDICTION
26.21A.100
26.21A.100 Bases for jurisdiction over nonresident.
(Contingent effective date.) (1) In a proceeding to establish
or enforce a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator
if:
(a) The individual is personally served with a citation,
summons, or notice within this state;
(b) The individual submits to the jurisdiction of this state
by consent in a record, by entering a general appearance, or
by filing a responsive document having the effect of waiving
any contest to personal jurisdiction;
(c) The individual resided with the child in this state;
(d) The individual resided in this state and provided prenatal expenses or support for the child;
(e) The child resides in this state as a result of the acts or
directives of the individual;
(f) The individual engaged in sexual intercourse in this
state and the child may have been conceived by that act of
intercourse;
(g) The individual asserted parentage in the putative
father registry maintained in this state by the state registrar of
vital statistics; or
(h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(2) The bases of personal jurisdiction set forth in subsection (1) of this section or in any other law of this state may not
be used to acquire personal jurisdiction for a tribunal of the
state to modify a child support order of another state unless
the requirements of RCW 26.21A.550 or 26.21A.570 are
met.
(3) Personal jurisdiction acquired under subsection (1) of
this section continues so long as the tribunal of this state that
acquired personal jurisdiction has continuing, exclusive jurisdiction to enforce or modify its order. [2002 c 198 § 201.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.105
26.21A.105 Procedure when exercising jurisdiction
over nonresident. (Contingent effective date.) A tribunal of
this state exercising personal jurisdiction over a nonresident
under RCW 26.21A.100 or recognizing a support order of a
foreign country or political subdivision on the basis of
[Title 26 RCW—page 76]
comity, may receive evidence from another state, pursuant to
RCW 26.21A.275, communicate with a tribunal of another
state pursuant to RCW 26.21A.280, and obtain discovery
through a tribunal of another state pursuant to RCW
26.21A.285. In all other respects, Articles 3 through 7 do not
apply and the tribunal shall apply the procedural and substantive law of this state. [2002 c 198 § 202.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART 2
PROCEEDINGS INVOLVING TWO OR MORE STATES
26.21A.110
26.21A.110 Initiating and responding tribunal of this
state. (Contingent effective date.) Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. [2002 c 198 §
203.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.115
26.21A.115 Simultaneous proceedings. (Contingent
effective date.) (1) A tribunal of this state may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a petition or comparable pleading is
filed in another state only if:
(a) The petition or comparable pleading in this state is
filed before the expiration of the time allowed in the other
state for filing a responsive pleading challenging the exercise
of jurisdiction by the other state;
(b) The contesting party timely challenges the exercise
of jurisdiction in the other state; and
(c) If relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction
to establish a support order if the petition or comparable
pleading is filed before a petition or comparable pleading is
filed in another state if:
(a) The petition or comparable pleading in the other state
is filed before the expiration of the time allowed in this state
for filing a responsive pleading challenging the exercise of
jurisdiction by this state;
(b) The contesting party timely challenges the exercise
of jurisdiction in this state; and
(c) If relevant, the other state is the home state of the
child. [2002 c 198 § 204.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.120
26.21A.120 Continuing, exclusive jurisdiction to
modify child support order. (Contingent effective date.)
(1) A tribunal of this state that has issued a child support
order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child
support order if the order is the controlling order and:
(a) At the time of the filing of a request for modification
this state is the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued;
or
(b) Even if this state is not the residence of the obligor,
the individual obligee, or the child for whose benefit the support order is issued, the parties consent in a record or in open
(2004 Ed.)
Uniform Interstate Family Support Act
court that the tribunal of this state may continue to exercise
jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child support
order consistent with the law of this state shall not exercise
continuing, exclusive jurisdiction to modify the order if:
(a) All of the parties who are individuals file consent in a
record with the tribunal of this state that a tribunal of another
state that has jurisdiction over at least one of the parties who
is an individual or that is located in the state of residence of
the child may modify the order and assume continuing,
exclusive jurisdiction; or
(b) Its order is not the controlling order.
(3) If a tribunal of another state has issued a child support
order pursuant to the uniform interstate family support act or
a law substantially similar to that act which modifies a child
support order of a tribunal of this state, tribunals of this state
shall recognize the continuing, exclusive jurisdiction of the
tribunal of the other state.
(4) A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as
an initiating tribunal to request a tribunal of another state to
modify a support order issued in that state.
(5) A temporary support order issued ex parte or pending
resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. [2002 c 198
§ 205.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.125
26.21A.125 Continuing jurisdiction to enforce child
support order. (Contingent effective date.) (1) A tribunal of
this state that has issued a child support order consistent with
the law of this state may serve as an initiating tribunal to
request a tribunal of another state to enforce:
(a) The order if the order is the controlling order and has
not been modified by a tribunal of another state that assumed
jurisdiction pursuant to the uniform interstate family support
act; or
(b) A money judgment for arrears of support and interest
on the order accrued before a determination that an order of
other state is the controlling order.
(2) A tribunal of this state having continuing jurisdiction
over a support order may act as a responding tribunal to
enforce the order. [2002 c 198 § 206.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART 3
RECONCILIATION OF TWO OR MORE ORDERS
26.21A.130
26.21A.130 Determination of controlling child support order. (Contingent effective date.) (1) If a proceeding
is brought under this chapter and only one tribunal has issued
a child support order, the order of that tribunal controls and
must be so recognized.
(2) If a proceeding is brought under this chapter, and two
or more child support orders have been issued by tribunals of
this state or another state with regard to the same obligor and
same child, a tribunal of this state having personal jurisdiction over both the obligor and individual obligee shall apply
the following rules and by order shall determine which order
controls:
(2004 Ed.)
26.21A.135
(a) If only one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the order of that tribunal controls and must be so recognized.
(b) If more than one of the tribunals would have continuing, exclusive jurisdiction under this chapter, an order issued
by a tribunal in the current home state of the child controls.
However, if an order has not been issued in the current home
state of the child, the order most recently issued controls.
(c) If none of the tribunals would have continuing, exclusive jurisdiction under this chapter, the tribunal of this state
shall issue a child support order, which controls.
(3) If two or more child support orders have been issued
for the same obligor and same child, upon request of a party
who is an individual or a support enforcement agency, a tribunal of this state having personal jurisdiction over both the
obligor and the obligee who is an individual shall determine
which order controls under subsection (2) of this section. The
request may be filed with a registration for enforcement or
registration for modification pursuant to Article 6 of this
chapter, or may be filed as a separate proceeding.
(4) A request to determine which is the controlling order
must be accompanied by a copy of every child support order
in effect and the applicable record of payments. The requesting party shall give notice of the request to each party whose
rights may be affected by the determination.
(5) The tribunal that issued the controlling order under
subsection (1), (2), or (3) of this section has continuing jurisdiction to the extent provided in RCW 26.21A.120 or
26.21A.125.
(6) A tribunal of this state that determines by order
which is the controlling order under subsection (2)(a) or (b)
or (3) of this section or that issues a new controlling order
under subsection (2)(c) of this section shall state in that order:
(a) The basis upon which the tribunal made its determination;
(b) The amount of prospective support, if any; and
(c) The total amount of consolidated arrears and accrued
interest, if any, under all of the orders after all payments
made are credited as provided by RCW 26.21A.140.
(7) Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the
order shall file a certified copy of it in each tribunal that
issued or registered an earlier order of child support. A party
or support enforcement agency obtaining the order that fails
to file a certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The failure
to file does not affect the validity or enforceability of the controlling order.
(8) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support
and interest, if any, made pursuant to this section must be recognized in proceedings under this chapter. [2002 c 198 §
207.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.135
26.21A.135 Child support orders for two or more
obligees. (Contingent effective date.) In responding to registrations or petitions for enforcement of two or more child
support orders in effect at the same time with regard to the
same obligor and different individual obligees, at least one of
[Title 26 RCW—page 77]
26.21A.140
Title 26 RCW: Domestic Relations
which was issued by a tribunal of another state, a tribunal of
this state shall enforce those orders in the same manner as if
the orders had been issued by a tribunal of this state. [2002 c
198 § 208.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.140
26.21A.140 Credit for payments. (Contingent effective date.) A tribunal of this state shall credit amounts collected for a particular period pursuant to any child support
order against the amounts owed for the same period under
any other child support order for support of the same child
issued by a tribunal of this or another state. [2002 c 198 §
209.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.145
26.21A.145 Continuing, exclusive jurisdiction over
nonresident party. (Contingent effective date.) If a party to
a proceeding subject to the continuing, exclusive jurisdiction
of a tribunal of this state no longer resides in the issuing state,
in subsequent proceedings the tribunal may receive evidence
from another state pursuant to RCW 26.21A.275, to communicate with a tribunal of another state pursuant to RCW
26.21A.280, and obtain discovery through a tribunal of
another state pursuant to RCW 26.21A.285. In all other
respects, Articles 3 through 7 of this chapter do not apply and
the tribunal shall apply the procedural and substantive law of
this state. [2002 c 198 § 210.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.150
26.21A.150 Continuing, exclusive jurisdiction to
modify spousal support order. (Contingent effective date.)
(1) A tribunal of this state issuing a spousal support order
consistent with the law of this state has continuing, exclusive
jurisdiction to modify the spousal support order throughout
the existence of the support obligation.
(2) A tribunal of this state may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law
of that state.
(3) A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal support order may serve as:
(a) An initiating tribunal to request a tribunal of another
state to enforce the spousal support order issued in this state;
or
(b) A responding tribunal to enforce or modify its own
spousal support order. [2002 c 198 § 211.]
or can obtain personal jurisdiction over the respondent.
[2002 c 198 § 301.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.205
26.21A.205 Proceeding by minor parent. (Contingent
effective date.) A minor parent, or a guardian or other legal
representative of a minor parent, may maintain a proceeding
on behalf of or for the benefit of the minor's child. [2002 c
198 § 302.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.210
26.21A.210 Application of law of this state. (Contingent effective date.) Except as otherwise provided by this
chapter, a responding tribunal of this state shall:
(1) Apply the procedural and substantive law generally
applicable to similar proceedings originating in this state and
may exercise all powers and provide all remedies available in
those proceedings; and
(2) Determine the duty of support and the amount payable in accordance with the law and support guidelines of this
state. [2002 c 198 § 303.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.215
26.21A.215 Duties of initiating tribunal. (Contingent
effective date.) (1) Upon the filing of a petition authorized by
this chapter, an initiating tribunal of this state shall forward
the petition and its accompanying documents:
(a) To the responding tribunal or appropriate support
enforcement agency in the responding state; or
(b) If the identity of the responding tribunal is unknown,
to the state information agency of the responding state with a
request that they be forwarded to the appropriate tribunal and
that receipt be acknowledged.
(2) If requested by the responding tribunal, a tribunal of
this state shall issue a certificate or other document and make
findings required by the law of the responding state. If the
responding state is a foreign country or political subdivision,
upon request the tribunal shall specify the amount of support
sought, convert that amount into the equivalent amount in the
foreign currency under applicable official exchange rates as
publicly reported, and provide any other documents necessary to satisfy the requirements of the responding state.
[2002 c 198 § 304.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.220
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 3
CIVIL PROVISIONS OF GENERAL APPLICATION
26.21A.200
26.21A.200 Proceedings under this chapter. (Contingent effective date.) (1) Except as otherwise provided in this
chapter, this article applies to all proceedings under this chapter.
(2) An individual petitioner or a support enforcement
agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for forwarding
to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of another state which has
[Title 26 RCW—page 78]
26.21A.220 Duties and powers of responding tribunal. (Contingent effective date.) (1) When a responding tribunal of this state receives a petition or comparable pleading
from an initiating tribunal or directly pursuant to RCW
26.21A.200(2), it shall cause the petition or pleading to be
filed and notify the petitioner where and when it was filed.
(2) A responding tribunal of this state, to the extent not
prohibited by other law, may do one or more of the following:
(a) Issue or enforce a support order, modify a child support order, determine the controlling child support order, or
determine parentage;
(b) Order an obligor to comply with a support order,
specifying the amount and the manner of compliance;
(c) Order income withholding;
(2004 Ed.)
Uniform Interstate Family Support Act
(d) Determine the amount of any arrearages, and specify
a method of payment;
(e) Enforce orders by civil or criminal contempt, or both;
(f) Set aside property for satisfaction of the support
order;
(g) Place liens and order execution on the obligor's property;
(h) Order an obligor to keep the tribunal informed of the
obligor's current residential address, telephone number,
employer, address of employment, and telephone number at
the place of employment;
(i) Issue a bench warrant or writ of arrest for an obligor
who has failed after proper notice to appear at a hearing
ordered by the tribunal and enter the bench warrant or writ of
arrest in any local and state computer systems for criminal
warrants;
(j) Order the obligor to seek appropriate employment by
specified methods;
(k) Award reasonable attorneys' fees and other fees and
costs; and
(l) Grant any other available remedy.
(3) A responding tribunal of this state shall include in a
support order issued under this chapter, or in the documents
accompanying the order, the calculations on which the support order is based.
(4) A responding tribunal of this state may not condition
the payment of a support order issued under this chapter upon
compliance by a party with provisions for visitation.
(5) If a responding tribunal of this state issues an order
under this chapter, the tribunal shall send a copy of the order
to the petitioner and the respondent and to the initiating tribunal, if any.
(6) If requested to enforce a support order, arrears, or
judgment or modify a support order stated in a foreign currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent
amount in dollars under applicable official exchange rates as
publicly reported. [2002 c 198 § 305.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.225
26.21A.225 Inappropriate tribunal. (Contingent
effective date.) If a petition or comparable pleading is
received by an inappropriate tribunal of this state, the tribunal
shall forward the pleading and accompanying documents to
an appropriate tribunal in this state or another state and notify
the petitioner where and when the pleading was sent. [2002
c 198 § 306.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.230
26.21A.230 Duties of support enforcement agency.
(Contingent effective date.) (1) A support enforcement
agency of this state, upon request, shall provide services to a
petitioner in a proceeding under this chapter.
(2) A support enforcement agency of this state that is
providing services to the petitioner shall:
(a) Take all steps necessary to enable an appropriate tribunal in this state or another state to obtain jurisdiction over
the respondent;
(b) Request an appropriate tribunal to set a date, time,
and place for a hearing;
(2004 Ed.)
26.21A.240
(c) Make a reasonable effort to obtain all relevant information, including information as to income and property of
the parties;
(d) Within two days, exclusive of Saturdays, Sundays,
and legal holidays, after receipt of a written notice in a record
from an initiating, responding, or registering tribunal, send a
copy of the notice to the petitioner;
(e) Within two days, exclusive of Saturdays, Sundays,
and legal holidays, after receipt of a written communication
in a record from the respondent or the respondent's attorney,
send a copy of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support enforcement agency of this state that
requests registration of a child support order in this state for
enforcement or for modification shall make reasonable
efforts:
(a) To ensure that the order to be registered is the controlling order; or
(b) If two or more child support orders exist and the identity of the controlling order has not been determined, to
ensure that a request for such a determination is made in a tribunal having jurisdiction to do so.
(4) A support enforcement agency of this state that
requests registration and enforcement of a support order,
arrears, or judgment stated in a foreign currency shall convert
the amounts stated in the foreign currency into the equivalent
amounts in dollars under applicable official exchange rates as
publicly reported.
(5) A support enforcement agency of this state shall issue
or request a tribunal of this state to issue a child support order
and an income-withholding order that redirect payment of
current support, arrears, and interest if requested to do so by
a support enforcement agency of another state pursuant to
RCW 26.21A.290.
(6) This chapter does not create or negate a relationship
of attorney and client or other fiduciary relationship between
a support enforcement agency or the attorney for the agency
and the individual being assisted by the agency. [2002 c 198
§ 307.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.235
26.21A.235 Duty of state official or agency. (Contingent effective date.) (1) If the appropriate state official or
agency determines that the support enforcement agency is
neglecting or refusing to provide services to an individual,
the state official or agency may order the agency to perform
its duties under this chapter or may provide those services
directly to the individual.
(2) The appropriate state official or agency may determine that a foreign country or political subdivision has established a reciprocal arrangement for child support with this
state and take appropriate action for notification of the determination. [2002 c 198 § 308.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.240
26.21A.240 Private counsel. (Contingent effective
date.) An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
[2002 c 198 § 309.]
[Title 26 RCW—page 79]
26.21A.245
Title 26 RCW: Domestic Relations
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.245 Duties of state information agency. (Contingent effective date.) (1) The Washington state support
registry under chapter 26.23 RCW is the state information
agency under this chapter.
(2) The state information agency shall:
(a) Compile and maintain a current list, including
addresses, of the tribunals in this state that have jurisdiction
under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency
of every other state;
(b) Maintain a register of names and addresses of tribunals and support enforcement agencies received from other
states;
(c) Forward to the appropriate tribunal in the county in
this state in which the obligee who is an individual or the
obligor resides, or in which the obligor's property is believed
to be located, all documents concerning a proceeding under
this chapter received from an initiating tribunal or the state
information agency of the initiating state; and
(d) Obtain information concerning the location of the
obligor and the obligor's property within this state not exempt
from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and
examination of governmental records, including, to the extent
not prohibited by other law, those relating to real property,
vital statistics, law enforcement, taxation, motor vehicles,
driver's licenses, and social security. [2002 c 198 § 310.]
26.21A.245
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.250 Pleadings and accompanying documents.
(Contingent effective date.) (1) In a proceeding under this
chapter, a petitioner seeking to establish a support order, to
determine parentage, or to register and modify a support
order of another state must file a petition. Unless otherwise
ordered under RCW 26.21A.255, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor
and the obligee or the parent and alleged parent, and the
name, sex, residential address, social security number, and
date of birth of each child for whose benefit support is sought
or whose parentage is to be determined. Unless filed at the
time of registration, the petition must be accompanied by a
copy of any support order known to have been issued by
another tribunal. The petition may include any other information that may assist in locating or identifying the respondent.
(2) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated
by federal law for use in cases filed by a support enforcement
agency.
(3) A petitioner seeking to establish or modify a support
order or to determine parentage in a proceeding under this
chapter shall file a properly completed confidential information form or equivalent as described in RCW 26.23.050 to
satisfy the requirements of subsection (1) of this section. A
completed confidential information form shall be deemed an
"accompanying document" under subsection (1) of this section. [2002 c 198 § 311.]
26.21A.250
[Title 26 RCW—page 80]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.255
26.21A.255 Nondisclosure of information in exceptional circumstances. (Contingent effective date.) If a party
alleges in an affidavit or a pleading under oath that the health,
safety, or liberty of a party or child would be jeopardized by
disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other
party or the public. After a hearing in which a tribunal takes
into consideration the health, safety, or liberty of the party or
child, the tribunal may order disclosure of information that
the tribunal determines to be in the interest of justice. [2002
c 198 § 312.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.260
26.21A.260 Costs and fees. (Contingent effective
date.) (1) The petitioner may not be required to pay a filing
fee or other costs.
(2) If an obligee prevails, a responding tribunal may
assess against an obligor filing fees, reasonable attorneys'
fees, other costs, and necessary travel and other reasonable
expenses incurred by the obligee and the obligee's witnesses.
The tribunal may not assess fees, costs, or expenses against
the obligee or the support enforcement agency of either the
initiating or the responding state, except as provided by other
law. Attorneys' fees may be taxed as costs, and may be
ordered paid directly to the attorney, who may enforce the
order in the attorney's own name. Payment of support owed
to the obligee has priority over fees, costs, and expenses.
(3) The tribunal shall order the payment of costs and reasonable attorneys' fees if it determines that a hearing was
requested primarily for delay. In a proceeding under Article 6
of this chapter, a hearing is presumed to have been requested
primarily for delay if a registered support order is confirmed
or enforced without change. [2002 c 198 § 313.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.265
26.21A.265 Limited immunity of petitioner. (Contingent effective date.) (1) Participation by a petitioner in a proceeding under this chapter before a responding tribunal,
whether in person, by private attorney, or through services
provided by the support enforcement agency, does not confer
personal jurisdiction over the petitioner in another proceeding.
(2) A petitioner is not amenable to service of civil process while physically present in this state to participate in a
proceeding under this chapter.
(3) The immunity granted by this section does not extend
to civil litigation based on acts unrelated to a proceeding
under this chapter committed by a party while physically
present in this state to participate in the proceeding. [2002 c
198 § 314.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.270
26.21A.270 Nonparentage as defense. (Contingent
effective date.) A party whose parentage of a child has been
previously determined by or pursuant to law may not plead
nonparentage as a defense to a proceeding under this chapter.
[2002 c 198 § 315.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
(2004 Ed.)
Uniform Interstate Family Support Act
26.21A.275
26.21A.275 Special rules of evidence and procedures.
(Contingent effective date.) (1) The physical presence of a
nonresident party who is an individual in a tribunal of this
state is not required for the establishment, enforcement, or
modification of a support order or the rendition of a judgment
determining parentage.
(2) An affidavit, a document substantially complying
with federally mandated forms, or a document incorporated
by reference in any of them, that would not be excluded under
the hearsay rule if given in person, is admissible in evidence
if given under penalty of perjury by a party or witness residing in another state.
(3) A copy of the record of child support payments certified as a true copy of the original by the custodian of the
record may be forwarded to a responding tribunal. The copy
is evidence of facts asserted in it, and is admissible to show
whether payments were made.
(4) Copies of bills for testing for parentage, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are
admissible in evidence to prove the amount of the charges
billed and that the charges were reasonable, necessary, and
customary.
(5) Documentary evidence transmitted from another
state to a tribunal of this state by telephone, telecopier, or
other means that do not provide an original record may not be
excluded from evidence on an objection based on the means
of transmission.
(6) In a proceeding under this chapter, a tribunal of this
state shall permit a party or witness residing in another state
to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of
this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.
(7) If a party called to testify at a civil hearing refuses to
answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from
the refusal.
(8) A privilege against disclosure of communications
between spouses does not apply in a proceeding under this
chapter.
(9) The defense of immunity based on the relationship of
husband and wife or parent and child does not apply in a proceeding under this chapter.
(10) A voluntary acknowledgment of paternity, certified
as a true copy, is admissible to establish parentage of the
child. [2002 c 198 § 316.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.280
26.21A.280 Communications between tribunals.
(Contingent effective date.) A tribunal of this state may
communicate with a tribunal of another state or foreign country or political subdivision in a record, or by telephone or
other means, to obtain information concerning the laws, the
legal effect of a judgment, decree, or order of that tribunal,
and the status of a proceeding in the other state or foreign
country or political subdivision. A tribunal of this state may
furnish similar information by similar means to a tribunal of
(2004 Ed.)
26.21A.350
another state or foreign country or political subdivision.
[2002 c 198 § 317.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.285
26.21A.285 Assistance with discovery. (Contingent
effective date.) A tribunal of this state may:
(1) Request a tribunal of another state to assist in obtaining discovery; and
(2) Upon request, compel a person over whom it has
jurisdiction to respond to a discovery order issued by a tribunal of another state. [2002 c 198 § 318.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.290
26.21A.290 Receipt and disbursement of payments.
(Contingent effective date.) (1) A support enforcement
agency or tribunal of this state shall disburse promptly any
amounts received pursuant to a support order, as directed by
the order. The agency or tribunal shall furnish to a requesting
party or tribunal of another state a certified statement by the
custodian of the record of the amounts and dates of all payments received.
(2) If the obligor, the obligee who is an individual, or the
child does not reside in this state, upon request from the support enforcement agency of this state or another state, the
support enforcement agency of this state or a tribunal of this
state shall:
(a) Direct that the support payment be made to the support enforcement agency in the state in which the obligee is
receiving services; and
(b) Issue and send to the obligor's employer a conforming income-withholding order or an administrative notice of
change of payee, reflecting the redirected payments.
(3) The support enforcement agency of this state receiving redirected payments from another state pursuant to a law
similar to subsection (2) of this section shall furnish to a
requesting party or tribunal of the other state a certified statement by the custodian of the record of the amount and dates
of all payments received. [2002 c 198 § 319.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 4
ESTABLISHMENT OF SUPPORT ORDER
26.21A.350
26.21A.350 Petition to establish support order. (Contingent effective date.) (1) If a support order entitled to recognition under this chapter has not been issued, a responding
tribunal of this state may issue a support order if:
(a) The individual seeking the order resides in another
state; or
(b) The support enforcement agency seeking the order is
located in another state.
(2) The tribunal may issue a temporary child support
order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(a) A presumed father of the child;
(b) Petitioning to have his paternity adjudicated;
(c) Identified as the father of the child through genetic
testing;
(d) An alleged father who has declined to submit to
genetic testing;
[Title 26 RCW—page 81]
26.21A.400
Title 26 RCW: Domestic Relations
(e) Shown by clear and convincing evidence to be the
father of the child;
(f) An acknowledged father as provided by applicable
state law;
(g) The mother of the child; or
(h) An individual who has been ordered to pay child support in a previous proceeding and the order has not been
reversed or vacated.
(3) Upon finding, after notice and opportunity to be
heard, that an obligor owes a duty of support, the tribunal
shall issue a support order directed to the obligor and may
issue other orders pursuant to RCW 26.21A.220. [2002 c 198
§ 401.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 5
ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
(b) The maximum amount permitted to be withheld from
the obligor's income; and
(c) The times within which the employer must implement the withholding order and forward the child support
payment. [2002 c 198 § 502.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.410
26.21A.410 Employer's compliance with two or more
income-withholding orders. (Contingent effective date.) If
an obligor's employer receives two or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the
employer complies with the law of the state of the obligor's
principal place of employment to establish the priorities for
withholding and allocating income withheld for two or more
child support obligees. [2002 c 198 § 503.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.415 Immunity from civil liability. (Contingent effective date.) An employer who complies with an
income-withholding order issued in another state in accordance with this article is not subject to civil liability to an
individual or agency with regard to the employer's withholding of child support from the obligor's income. [2002 c 198 §
504.]
26.21A.415
26.21A.400
26.21A.400 Employer's receipt of income-withholding order of another state. (Contingent effective date.) An
income-withholding order issued in another state may be sent
by or on behalf of the obligee, or by the support enforcement
agency, to the person defined as the obligor's employer under
RCW 50.04.080 without first filing a petition or comparable
pleading or registering the order with a tribunal of this state.
[2002 c 198 § 501.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.420
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.405
26.21A.405 Employer's compliance with incomewithholding order of another state. (Contingent effective
date.) (1) Upon receipt of an income-withholding order, the
obligor's employer shall immediately provide a copy of the
order to the obligor.
(2) The employer shall treat an income-withholding
order issued in another state that appears regular on its face as
if it had been issued by a tribunal of this state.
(3) Except as provided in subsection (4) of this section
and RCW 26.21A.410, the employer shall withhold and distribute the funds as directed in the withholding order by complying with terms of the order which specify:
(a) The duration and amount of periodic payments of
current child support, stated as a sum certain;
(b) The person designated to receive payments and the
address to which the payments are to be forwarded;
(c) Medical support, whether in the form of periodic cash
payment, stated as a sum certain, or ordering the obligor to
provide health insurance coverage for the child under a policy
available through the obligor's employment;
(d) The amount of periodic payments of fees and costs
for a support enforcement agency, the issuing tribunal, and
the obligee's attorney, stated as sums certain; and
(e) The amount of periodic payments of arrearages and
interest on arrearages, stated as sums certain.
(4) An employer shall comply with the law of the state of
the obligor's principal place of employment for withholding
from income with respect to:
(a) The employer's fee for processing an income-withholding order;
[Title 26 RCW—page 82]
26.21A.420 Penalties for noncompliance. (Contingent
effective date.) An employer who willfully fails to comply
with an income-withholding order issued by another state and
received for enforcement is subject to the same penalties that
may be imposed for noncompliance with an order issued by a
tribunal of this state. [2002 c 198 § 505.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.425 Contest by obligor. (Contingent effective
date.) (1) An obligor may contest the validity or enforcement
of an income-withholding order issued in another state and
received directly by an employer in this state by registering
the order in a tribunal of this state and filing a contest to that
order as provided in Article 6 of this chapter, or otherwise
contesting the order in the same manner as if the order had
been issued by a tribunal of this state. RCW 26.21A.515
applies to the contest.
(2) The obligor shall give notice of the contest to:
(a) A support enforcement agency providing services to
the obligee;
(b) Each employer that has directly received an incomewithholding order relating to the obligor; and
(c) The person designated to receive payments in the
income-withholding order or, if no person or agency is designated, to the obligee. [2002 c 198 § 506.]
26.21A.425
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.430
26.21A.430 Administrative enforcement of orders.
(Contingent effective date.) (1) A party or support enforcement agency seeking to enforce a support order or an incomewithholding order, or both, issued by a tribunal of another
state may send the documents required for registering the
order to a support enforcement agency of this state.
(2004 Ed.)
Uniform Interstate Family Support Act
(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order,
shall consider and, if appropriate, use any administrative procedure authorized by the law of this state to enforce a support
order or an income-withholding order, or both. If the obligor
does not contest administrative enforcement, the order need
not be registered. If the obligor contests the validity or
administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this chapter.
[2002 c 198 § 507.]
26.21A.520
(b) Specify the order alleged to be the controlling order,
if any; and
(c) Specify the amount of consolidated arrears, if any.
(5) A request for a determination of which is the controlling order may be filed separately or with a request for registration and enforcement or for registration and modification.
The person requesting registration shall give notice of the
request to each party whose rights may be affected by the
determination. [2002 c 198 § 602.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.510
ARTICLE 6
REGISTRATION, ENFORCEMENT, AND
MODIFICATION OF SUPPORT ORDER
PART 1
REGISTRATION AND ENFORCEMENT OF SUPPORT
ORDER
26.21A.500
26.21A.500 Registration of order for enforcement.
(Contingent effective date.) A support order or income-withholding order issued by a tribunal of another state may be
registered in this state for enforcement. [2002 c 198 § 601.]
26.21A.510 Effect of registration for enforcement.
(Contingent effective date.) (1) A support order or incomewithholding order issued in another state is registered when
the order is filed in the registering tribunal of this state.
(2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures
as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this article, a tribunal
of this state shall recognize and enforce, but may not modify,
a registered order if the issuing tribunal had jurisdiction.
[2002 c 198 § 603.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.515
26.21A.505
26.21A.505 Procedure to register order for enforcement. (Contingent effective date.) (1) A support order or
income-withholding order of another state may be registered
in this state by sending the following records and information
to the appropriate tribunal in this state:
(a) A letter of transmittal to the tribunal requesting registration and enforcement;
(b) Two copies, including one certified copy, of the order
to be registered, including any modification of the order;
(c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records
showing the amount of any arrearage;
(d) The name of the obligor and, if known:
(i) The obligor's address and social security number;
(ii) The name and address of the obligor's employer and
any other source of income of the obligor; and
(iii) A description and the location of property of the
obligor in this state not exempt from execution; and
(e) Except as otherwise provided in RCW 26.21A.255,
the name and address of the obligee and, if applicable, the
person to whom support payments are to be remitted.
(2) On receipt of a request for registration, the registering
tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form.
(3) A petition or comparable pleading seeking a remedy
that must be affirmatively sought under other law of this state
may be filed at the same time as the request for registration or
later. The pleading must specify the grounds for the remedy
sought.
(4) If two or more orders are in effect, the person
requesting registration shall:
(a) Furnish to the tribunal a copy of every support order
asserted to be in effect in addition to the documents specified
in this section;
(2004 Ed.)
26.21A.515 Choice of law. (Contingent effective date.)
(1) Except as otherwise provided in subsection (4) of this section, the law of the issuing state governs:
(a) The nature, extent, amount, and duration of current
payments under a registered support order;
(b) The computation and payment of arrearages and
accrual of interest on the arrearages under the registered support order; and
(c) The existence and satisfaction of other obligations
under the registered support order.
(2) In a proceeding for arrears under a registered support
order, the statute of limitation of this state or of the issuing
state, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the
procedures and remedies of this state to enforce current support and collect arrears and interest due on a support order of
another state registered in this state.
(4) After a tribunal of this or another state determines
which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively
apply the law of the state issuing the registered controlling
order, including its law on interest on arrears, on current and
future support, and on consolidated arrears. [2002 c 198 §
604.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART 2
CONTEST OF VALIDITY OR ENFORCEMENT
26.21A.520
26.21A.520 Notice of registration of order. (Contingent effective date.) (1) When a support order or incomewithholding order issued in another state is registered, the
registering tribunal shall notify the nonregistering party. The
notice must be accompanied by a copy of the registered order
and the documents and relevant information accompanying
the order.
[Title 26 RCW—page 83]
26.21A.525
Title 26 RCW: Domestic Relations
(c) The order has been vacated, suspended, or modified
by a later order;
(d) The issuing tribunal has stayed the order pending
appeal;
(e) There is a defense under the law of this state to the
remedy sought;
(f) Full or partial payment has been made;
(g) The statute of limitation under RCW 26.21A.515 precludes enforcement of some or all of the alleged arrearages;
or
(h) The alleged controlling order is not the controlling
order.
(2) If a party presents evidence establishing a full or partial defense under subsection (1) of this section, a tribunal
may stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant evidence, and issue other appropriate orders. An uncontested
portion of the registered order may be enforced by all remedies available under the law of this state.
(3) If the contesting party does not establish a defense
under subsection (1) of this section to the validity or enforcement of the order, the registering tribunal shall issue an order
confirming the order. [2002 c 198 § 607.]
(2) A notice must inform the nonregistering party:
(a) That a registered order is enforceable as of the date of
registration in the same manner as an order issued by a tribunal of this state;
(b) That a hearing to contest the validity or enforcement
of the registered order must be requested within twenty days
after notice;
(c) That failure to contest the validity or enforcement of
the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the
alleged arrearages; and
(d) Of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more orders
are in effect, a notice must also:
(a) Identify the two or more orders and the order alleged
by the registering person to be the controlling order and the
consolidated arrears, if any;
(b) Notify the nonregistering party of the right to a determination of which is the controlling order;
(c) State that the procedures provided in subsection (2)
of this section apply to the determination of which is the controlling order; and
(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a
timely manner may result in confirmation that the order is the
controlling order.
(4) Upon registration of an income-withholding order for
enforcement, the registering tribunal shall notify the obligor's
employer pursuant to the income-withholding law of this
state. [2002 c 198 § 605.]
26.21A.535 Confirmed order. (Contingent effective
date.) Confirmation of a registered order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have
been asserted at the time of registration. [2002 c 198 § 608.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.535
PART 3
REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
26.21A.525
26.21A.525 Procedure to contest validity or enforcement of registered order. (Contingent effective date.) (1) A
nonregistering party seeking to contest the validity or
enforcement of a registered order in this state shall request a
hearing within twenty days after notice of the registration.
The nonregistering party may seek to vacate the registration,
to assert any defense to an allegation of noncompliance with
the registered order, or to contest the remedies being sought
or the amount of any alleged arrearages pursuant to RCW
26.21A.530.
(2) If the nonregistering party fails to contest the validity
or enforcement of the registered order in a timely manner, the
order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to contest
the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give
notice to the parties of the date, time, and place of the hearing. [2002 c 198 § 606.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.530
26.21A.530 Contest of registration or enforcement.
(Contingent effective date.) (1) A party contesting the validity or enforcement of a registered order or seeking to vacate
the registration has the burden of proving one or more of the
following defenses:
(a) The issuing tribunal lacked personal jurisdiction over
the contesting party;
(b) The order was obtained by fraud;
[Title 26 RCW—page 84]
26.21A.540
26.21A.540 Procedure to register child support order
of another state for modification. (Contingent effective
date.) A party or support enforcement agency seeking to
modify, or to modify and enforce, a child support order
issued in another state shall register that order in this state in
the same manner provided in Part 1 of this article if the order
has not been registered. A petition for modification may be
filed at the same time as a request for registration, or later.
The pleading must specify the grounds for modification.
[2002 c 198 § 609.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.545
26.21A.545 Effect of registration for modification.
(Contingent effective date.) A tribunal of this state may
enforce a child support order of another state registered for
purposes of modification, in the same manner as if the order
had been issued by a tribunal of this state, but the registered
order may be modified only if the requirements of RCW
26.21A.550 have been met. [2002 c 198 § 610.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.550
26.21A.550 Modification of child support order of
another state. (Contingent effective date.) (1) If RCW
26.21A.560 does not apply, except as otherwise provided in
(2004 Ed.)
Uniform Interstate Family Support Act
RCW 26.21A.570, upon petition a tribunal of this state may
modify a child support order issued in another state which is
registered in this state if, after notice and hearing the tribunal
finds that:
(a) The following requirements are met:
(i) The child, the obligee who is an individual, and the
obligor do not reside in the issuing state;
(ii) A petitioner who is a nonresident of this state seeks
modification; and
(iii) The respondent is subject to the personal jurisdiction
of the tribunal of this state; or
(b) This state is either the state of residence of the child
or of a party who is an individual subject to the personal jurisdiction of the tribunal of this state, and all of the parties who
are individuals have filed consents in a record in the issuing
tribunal for a tribunal of this state to modify the support order
and assume continuing, exclusive jurisdiction.
(2) Modification of a registered child support order is
subject to the same requirements, procedures, and defenses
that apply to the modification of an order issued by a tribunal
of this state and the order may be enforced and satisfied in the
same manner.
(3) Except as otherwise provided in RCW 26.21A.570, a
tribunal of this state may not modify any aspect of a child
support order that may not be modified under the law of the
issuing state. If two or more tribunals have issued child support orders for the same obligor and same child, the order that
controls and must be so recognized under RCW 26.21A.130
establishes the aspects of the support order that are nonmodifiable.
(4) In a proceeding to modify a child support order, the
law of the state that is determined to have issued the initial
controlling order governs the duration of the obligation of
support. The obligor's fulfillment of the duty of support
established by that order precludes imposition of a further
obligation of support by a tribunal of this state.
(5) On issuance of an order by a tribunal of this state
modifying a child support order issued in another state, the
tribunal of this state becomes the tribunal having continuing,
exclusive jurisdiction. [2002 c 198 § 611.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.600
who are individuals reside in this state and the child does not
reside in the issuing state, a tribunal of this state has jurisdiction to enforce and to modify the issuing state's child support
order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under
this section shall apply the provisions of Articles 1 and 2 of
this chapter, this article, and the procedural and substantive
law of this state to the proceeding for enforcement or modification. Articles 3, 4, 5, 7, and 8 of this chapter do not apply.
[2002 c 198 § 613.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.565
26.21A.565 Notice to issuing tribunal of modification. (Contingent effective date.) Within thirty days after
issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order
with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which
the party knows the earlier order has been registered. A party
who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue
of failure to file arises. The failure to file does not affect the
validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. [2002 c 198
§ 614.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.570
26.21A.570 Jurisdiction to modify child support
order of foreign country or political subdivision. (Contingent effective date.) (1) If a foreign country or political subdivision that is a state will not or may not modify its order
pursuant to its laws, a tribunal of this state may assume jurisdiction to modify the child support order and bind all individuals subject to the personal jurisdiction of the tribunal
whether or not the consent to modification of a child support
order otherwise required of the individual pursuant to RCW
26.21A.550 has been given or whether the individual seeking
modification is a resident of this state or of the foreign country or political subdivision.
(2) An order issued pursuant to this section is the controlling order. [2002 c 198 § 615.]
26.21A.555
26.21A.555 Recognition of order modified in another
state. (Contingent effective date.) If a child support order
issued by a tribunal of this state is modified by a tribunal of
another state that assumed jurisdiction pursuant to the uniform interstate family support act, a tribunal of this state:
(1) May enforce its order that was modified only as to
arrears and interest accruing before the modification;
(2) May provide other appropriate relief for violations of
its order which occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other
state, upon registration, for the purpose of enforcement.
[2002 c 198 § 612.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.560
26.21A.560 Jurisdiction to modify child support
order of another state when individual parties reside in
this state. (Contingent effective date.) (1) If all of the parties
(2004 Ed.)
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 7
DETERMINATION OF PARENTAGE
26.21A.600
26.21A.600 Proceeding to determine parentage.
(Contingent effective date.) (1) A tribunal of this state may
serve as an initiating or responding tribunal in a proceeding
brought under this chapter or a law or procedure substantially
similar to this chapter to determine whether the petitioner is a
parent of a particular child or to determine whether a respondent is a parent of that child.
(2) In a proceeding to determine parentage, a responding
tribunal of this state shall apply the uniform parentage act and
the procedural and substantive law of this state. [2002 c 198
§ 701.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 85]
26.21A.650
Title 26 RCW: Domestic Relations
ARTICLE 8
INTERSTATE RENDITION
states to adopt this version of the uniform interstate family
support act. [2002 c 198 § 906.]
26.21A.905
26.21A.650
26.21A.650 Grounds for rendition. (Contingent effective date.) (1) For purposes of this article, "governor"
includes an individual performing the functions of governor
or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) Demand that the governor of another state surrender
an individual found in the other state who is charged criminally in this state with having failed to provide for the support
of an obligee; or
(b) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the
support of an obligee.
(3) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the
individual whose surrender is demanded was not in the
demanding state when the crime was allegedly committed
and has not fled from the demanding state. [2002 c 198 §
801.]
26.21A.905 Uniformity of application and construction. (Contingent effective date.) In applying and construing
this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter
among states that enact it. [2002 c 198 § 903.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.910
26.21A.910 Severability—2002 c 198. (Contingent
effective date.) If any provision of this act or its application
to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons
or circumstances is not affected. [2002 c 198 § 904.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.915
26.21A.915 Captions, part headings, and articles not
part of law—2002 c 198. (Contingent effective date.) Captions, part headings, and articles used in this act are not any
part of the law. [2002 c 198 § 902.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Chapter 26.23
26.21A.655
26.21A.655 Conditions of rendition. (Contingent
effective date.) (1) Before making a demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support
of an obligee, the governor of this state may require a prosecutor of this state to demonstrate that at least sixty days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no
avail.
(2) If, under this chapter or a law substantially similar to
this chapter, the governor of another state makes a demand
that the governor of this state surrender an individual charged
criminally in that state with having failed to provide for the
support of a child or other individual to whom a duty of support is owed, the governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that
a proceeding would be effective but has not been initiated,
the governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(3) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the governor may decline to honor the
demand if the individual is complying with the support order.
[2002 c 198 § 802.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 9
MISCELLANEOUS PROVISIONS
26.21A.900
26.21A.900 Contingent effective date—2002 c 198.
This act takes effect six months after the amendment by congress to 42 U.S.C. Sec. 666(f) authorizing or mandating
[Title 26 RCW—page 86]
Chapter 26.23 RCW
STATE SUPPORT REGISTRY
Sections
26.23.010
26.23.020
26.23.030
26.23.033
26.23.035
26.23.040
26.23.045
26.23.050
26.23.055
26.23.060
26.23.070
26.23.075
26.23.080
26.23.090
26.23.100
26.23.110
26.23.120
26.23.130
26.23.140
26.23.150
26.23.900
Intent.
Definitions.
Registry—Creation—Duties—Interest on unpaid child support—Record retention.
State case registry—Submission of support orders.
Distribution of support received.
Employment reporting requirements—Exceptions—Penalties—Retention of records.
Support enforcement services.
Support orders—Provisions—Enforcement—Confidential
information form.
Support proceedings, orders, and registry—Required information—Duty to update—Service.
Notice of payroll deduction—Answer—Processing fee.
Payments to registry—Methods—Immunity from civil liability.
Payments—Dishonored checks—Fees—Rules.
Certain acts by employers prohibited—Penalties.
Employer liability for failure or refusal to respond or remit
earnings.
Motion to quash, modify, or terminate payroll deduction—
Grounds for relief.
Procedures when amount of support obligation needs to be
determined—Notice—Adjudicative proceeding.
Information and records—Confidentiality—Disclosure—
Adjudicative proceeding—Rules—Penalties.
Notice to department of child support or maintenance orders.
Collection and disclosure of social security numbers—Finding—Waiver requested to prevent fraud.
Recording of social security numbers—Compliance with federal requirement—Restricted disclosure.
Effective date—1987 c 435.
Authority of office of support enforcement to take support enforcement
action against earnings within the state: RCW 74.20A.095.
26.23.010
26.23.010 Intent. The legislature recognizes the financial impact on custodial parents and children when child support is not received on time, or in the correct amount. The legislature also recognizes the burden placed upon the responsible parent and the second family when enforcement action
must be taken to collect delinquent support.
(2004 Ed.)
State Support Registry
It is the intent of the legislature to create a central Washington state support registry to improve the recordkeeping of
support obligations and payments, thereby providing protection for both parties, and reducing the burden on employers
by creating a single standardized process through which support payments are deducted from earnings.
It is also the intent of the legislature that child support
payments be made through mandatory wage assignment or
payroll deduction if the responsible parent becomes delinquent in making support payments under a court or administrative order for support.
To that end, it is the intent of the legislature to interpret
all existing statutes and processes to give effect to, and to
implement, one central registry for recording and distributing
support payments in this state. [1987 c 435 § 1.]
26.23.020
26.23.020 Definitions. (1) The definitions contained in
RCW 74.20A.020 shall be incorporated into and made a part
of this chapter.
(2) "Support order" means a superior court order or
administrative order, as defined in RCW 74.20A.020.
(3) "Earnings" means compensation paid or payable for
personal services, whether denominated as wages, salary,
commission, bonus, or otherwise, and, notwithstanding any
other provision of law making the payments exempt from
garnishment, attachment, or other process to satisfy support
obligations, specifically includes periodic payments pursuant
to pension or retirement programs, or insurance policies of
any type, but does not include payments made under Title 50
RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW. Earnings shall specifically include all gain
from capital, from labor, or from both combined, not including profit gained through sale or conversion of capital assets.
(4) "Disposable earnings" means that part of the earnings
of an individual remaining after the deduction from those
earnings of an amount required by law to be withheld.
(5) "Employer" means any person or entity who pays or
owes earnings in employment as defined in Title 50 RCW to
the responsible parent including but not limited to the United
States government, or any state or local unit of government.
(6) "Employee" means a person in employment as
defined in Title 50 RCW to whom an employer is paying,
owes or anticipates paying earnings as a result of services
performed. [1987 c 435 § 2.]
26.23.030
26.23.030 Registry—Creation—Duties—Interest on
unpaid child support—Record retention. (1) There is created a Washington state support registry within the division
of child support as the agency designated in Washington state
to administer the child support program under Title IV-D of
the federal social security act. The registry shall:
(a) Provide a central unit for collection of support payments made to the registry;
(b) Account for and disburse all support payments
received by the registry;
(c) Maintain the necessary records including, but not
limited to, information on support orders, support debts, the
date and amount of support due; the date and amount of payments; and the names, social security numbers, and addresses
of the parties;
(2004 Ed.)
26.23.033
(d) Develop procedures for providing information to the
parties regarding action taken by, and support payments collected and distributed by the registry; and
(e) Maintain a state child support case registry to compile and maintain records on all child support orders entered
in the state of Washington.
(2) The division of child support may assess and collect
interest at the rate of twelve percent per year on unpaid child
support that has accrued under any support order entered into
the registry. This interest rate shall not apply to those support
orders already specifying an interest assessment at a different
rate.
(3) The secretary of social and health services shall adopt
rules for the maintenance and retention of records of support
payments and for the archiving and destruction of such
records when the support obligation terminates or is satisfied.
When a support obligation established under court order
entered in a superior court of this state has been satisfied, a
satisfaction of judgment form shall be prepared by the registry and filed with the clerk of the court in which the order was
entered. [1997 c 58 § 905; 1989 c 360 § 6; 1988 c 275 § 18;
1987 c 435 § 3.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
26.23.033
26.23.033 State case registry—Submission of support
orders. (1) The division of child support, Washington state
support registry shall operate a state case registry containing
records of all orders establishing or modifying a support
order that are entered after October 1, 1998.
(2) The superior court clerk, the office of administrative
hearings, and the department of social and health services
shall, within five days of entry, forward to the Washington
state support registry, a true and correct copy of all superior
court orders or administrative orders establishing or modifying a support obligation that provide that support payments
shall be made to the support registry.
(3) The division of child support shall reimburse the
clerk for the reasonable costs of copying and sending copies
of court orders to the registry at the reimbursement rate provided in Title IV-D of the federal social security act.
(4) Effective October 1, 1998, the superior court clerk,
the office of administrative hearings, and the department of
social and health services shall, within five days of entry, forward to the Washington state support registry a true and correct copy of all superior court orders or administrative orders
establishing or modifying a support obligation.
(5) Receipt of a support order by the registry or other
action under this section on behalf of a person or persons who
have not made a written application for support enforcement
services to the division of child support and who are not
recipients of public assistance is deemed to be:
(a) A request for payment services only if the order
requires payment to the Washington state support registry;
(b) A submission for inclusion in the state case registry if
the order does not require that support payments be made to
the Washington state support registry. [1997 c 58 § 903.]
[Title 26 RCW—page 87]
26.23.035
Title 26 RCW: Domestic Relations
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.035
26.23.035 Distribution of support received. (1) The
department of social and health services shall adopt rules for
the distribution of support money collected by the division of
child support. These rules shall:
(a) Comply with Title IV-D of the federal social security
act as amended by the personal responsibility and work
opportunity reconciliation act of 1996;
(b) Direct the division of child support to distribute support money within eight days of receipt, unless one of the following circumstances, or similar circumstances specified in
the rules, prevents prompt distribution:
(i) The location of the custodial parent is unknown;
(ii) The support debt is in litigation;
(iii) The division of child support cannot identify the
responsible parent or the custodian;
(c) Provide for proportionate distribution of support payments if the responsible parent owes a support obligation or a
support debt for two or more Title IV-D cases; and
(d) Authorize the distribution of support money, except
money collected under 42 U.S.C. Sec. 664, to satisfy a support debt owed to the IV-D custodian before the debt owed to
the state when the custodian stops receiving a public assistance grant.
(2) The division of child support may distribute support
payments to the payee under the support order or to another
person who has lawful physical custody of the child or custody with the payee's consent. The payee may file an application for an adjudicative proceeding to challenge distribution
to such other person. Prior to distributing support payments
to any person other than the payee, the registry shall:
(a) Obtain a written statement from the child's physical
custodian, under penalty of perjury, that the custodian has
lawful custody of the child or custody with the payee's consent;
(b) Mail to the responsible parent and to the payee at the
payee's last known address a copy of the physical custodian's
statement and a notice which states that support payments
will be sent to the physical custodian; and
(c) File a copy of the notice with the clerk of the court
that entered the original support order.
(3) If the Washington state support registry distributes a
support payment to a person in error, the registry may obtain
restitution by means of a set-off against future payments
received on behalf of the person receiving the erroneous payment, or may act according to RCW 74.20A.270 as deemed
appropriate. Any set-off against future support payments
shall be limited to amounts collected on the support debt and
ten percent of amounts collected as current support.
(4) The division of child support shall ensure that the
fifty dollar pass through payment, as required by 42 U.S.C.
Sec. 657 before the adoption of P.L. 104-193, is terminated
immediately upon July 27, 1997, and all rules to the contrary
adopted before July 27, 1997, are without force and effect.
[1997 c 58 § 933; 1991 c 367 § 38; 1989 c 360 § 34.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
[Title 26 RCW—page 88]
26.23.040
26.23.040 Employment reporting requirements—
Exceptions—Penalties—Retention of records. (1) All
employers doing business in the state of Washington shall
report to the Washington state support registry:
(a) The hiring of any person who resides or works in this
state to whom the employer anticipates paying earnings; and
(b) The rehiring or return to work of any employee who
was laid off, furloughed, separated, granted a leave without
pay, or terminated from employment.
The secretary of the department of social and health services may adopt rules to establish additional exemptions if
needed to reduce unnecessary or burdensome reporting.
(2) Employers may report by mailing the employee's
copy of the W-4 form, or other means authorized by the registry which will result in timely reporting.
(3) Employers shall submit reports within twenty days of
the hiring, rehiring, or return to work of the employee, except
as provided in subsection (4) of this section. The report shall
contain:
(a) The employee's name, address, social security number, and date of birth; and
(b) The employer's name, address, and identifying number assigned under section 6109 of the internal revenue code
of 1986.
(4) In the case of an employer transmitting reports magnetically or electronically, the employer shall report newly
hired employees by two monthly transmissions, if necessary,
not less than twelve days nor more than sixteen days apart.
(5) An employer who fails to report as required under
this section shall be subject to a civil penalty of:
(a) Twenty-five dollars per month per employee; or
(b) Five hundred dollars, if the failure to report is the
result of a conspiracy between the employer and the
employee not to supply the required report, or to supply a
false report. All violations within a single month shall be considered a single violation for purposes of assessing the penalty. The penalty may be imposed and collected by the division of child support under RCW 74.20A.350.
(6) The registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support debt of the employee.
The registry may, however, retain information for a particular
employee for as long as may be necessary to:
(a) Transmit the information to the national directory of
new hires as required under federal law; or
(b) Provide the information to other state agencies for
comparison with records or information possessed by those
agencies as required by law.
Information that is not permitted to be retained shall be
promptly destroyed. Agencies that obtain information from
the department of social and health services under this section shall maintain the confidentiality of the information
received, except as necessary to implement the agencies'
responsibilities. [1998 c 160 § 5; 1997 c 58 § 944; 1997 c 58
§ 943; 1994 c 127 § 1; 1993 c 480 § 1; 1989 c 360 § 39; 1987
c 435 § 4.]
(2004 Ed.)
State Support Registry
Effective date—1998 c 160 §§ 1, 5, and 8: See note following RCW
74.20A.080.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—1997 c 58: See note following RCW 74.20A.320.
Effective date—1993 c 480: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 17, 1993]." [1993 c 480 § 2.]
Effective dates—1989 c 360 §§ 9, 10, 16, and 39: See note following
RCW 74.20A.060.
26.23.045
26.23.045 Support enforcement services. (1) The
division of child support, Washington state support registry,
shall provide support enforcement services under the following circumstances:
(a) Whenever public assistance under RCW 74.20.330 is
paid;
(b) Whenever a request for support enforcement services
under RCW 74.20.040 is received;
(c) When a support order which contains language
directing a responsible parent to make support payments to
the Washington state support registry under RCW 26.23.050
is submitted and the division of child support receives a written application for services or is already providing services;
(d) When the obligor submits a support order or support
payment, and an application, to the Washington state support
registry.
(2) The division of child support shall continue to provide support enforcement services for so long as and under
such conditions as the department shall establish by regulation or until the superior court enters an order removing the
requirement that the obligor make support payments to the
Washington state support registry as provided for in RCW
26.23.050. [1997 c 58 § 902; 1994 c 230 § 8; 1989 c 360 §
33.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.23.050
26.23.050 Support orders—Provisions—Enforcement—Confidential information form. (1) If the division
of child support is providing support enforcement services
under RCW 26.23.045, or if a party is applying for support
enforcement services by signing the application form on the
bottom of the support order, the superior court shall include
in all court orders that establish or modify a support obligation:
(a) A provision that orders and directs the responsible
parent to make all support payments to the Washington state
support registry;
(b) A statement that withholding action may be taken
against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child
support statutes of this or any other state, without further
notice to the responsible parent at any time after entry of the
court order, unless:
(i) One of the parties demonstrates, and the court finds,
that there is good cause not to require immediate income
(2004 Ed.)
26.23.050
withholding and that withholding should be delayed until a
payment is past due; or
(ii) The parties reach a written agreement that is
approved by the court that provides for an alternate arrangement;
(c) A statement that the receiving parent might be
required to submit an accounting of how the support is being
spent to benefit the child; and
(d) A statement that the responsible parent's privileges to
obtain and maintain a license, as def ined in RCW
74.20A.320, may not be renewed, or may be suspended if the
parent is not in compliance with a support order as provided
in RCW 74.20A.320.
As used in this subsection and subsection (3) of this section, "good cause not to require immediate income withholding" means a written determination of why implementing
immediate wage withholding would not be in the child's best
interests and, in modification cases, proof of timely payment
of previously ordered support.
(2) In all other cases not under subsection (1) of this section, the court may order the responsible parent to make payments directly to the person entitled to receive the payments,
to the Washington state support registry, or may order that
payments be made in accordance with an alternate arrangement agreed upon by the parties.
(a) The superior court shall include in all orders under
this subsection that establish or modify a support obligation:
(i) A statement that withholding action may be taken
against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child
support statutes of this or any other state, without further
notice to the responsible parent at any time after entry of the
court order, unless:
(A) One of the parties demonstrates, and the court finds,
that there is good cause not to require immediate income
withholding and that withholding should be delayed until a
payment is past due; or
(B) The parties reach a written agreement that is
approved by the court that provides for an alternate arrangement; and
(ii) A statement that the receiving parent may be required
to submit an accounting of how the support is being spent to
benefit the child.
As used in this subsection, "good cause not to require
immediate income withholding" is any reason that the court
finds appropriate.
(b) The superior court may order immediate or delayed
income withholding as follows:
(i) Immediate income withholding may be ordered if the
responsible parent has earnings. If immediate income withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry.
The superior court shall issue a mandatory wage assignment
order as set forth in chapter 26.18 RCW when the support
order is signed by the court. The parent entitled to receive the
transfer payment is responsible for serving the employer with
the order and for its enforcement as set forth in chapter 26.18
RCW.
(ii) If immediate income withholding is not ordered, the
court shall require that income withholding be delayed until a
payment is past due. The support order shall contain a state[Title 26 RCW—page 89]
26.23.050
Title 26 RCW: Domestic Relations
ment that withholding action may be taken against wages,
earnings, assets, or benefits, and liens enforced against real
and personal property under the child support statutes of this
or any other state, without further notice to the responsible
parent, after a payment is past due.
(c) If a mandatory wage withholding order under chapter
26.18 RCW is issued under this subsection and the division
of child support provides support enforcement services under
RCW 26.23.045, the existing wage withholding assignment
is prospectively superseded upon the division of child support's subsequent service of an income withholding notice.
(3) The office of administrative hearings and the department of social and health services shall require that all support obligations established as administrative orders include a
provision which orders and directs that the responsible parent
shall make all support payments to the Washington state support registry. All administrative orders shall also state that the
responsible parent's privileges to obtain and maintain a
license, as defined in RCW 74.20A.320, may not be renewed,
or may be suspended if the parent is not in compliance with a
support order as provided in RCW 74.20A.320. All administrative orders shall also state that withholding action may be
taken against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child
support statutes of this or any other state without further
notice to the responsible parent at any time after entry of the
order, unless:
(a) One of the parties demonstrates, and the presiding
officer finds, that there is good cause not to require immediate income withholding; or
(b) The parties reach a written agreement that is
approved by the presiding officer that provides for an alternate agreement.
(4) If the support order does not include the provision
ordering and directing that all payments be made to the
Washington state support registry and a statement that withholding action may be taken against wages, earnings, assets,
or benefits if a support payment is past due or at any time
after the entry of the order, or that a parent's licensing privileges may not be renewed, or may be suspended, the division
of child support may serve a notice on the responsible parent
stating such requirements and authorizations. Service may be
by personal service or any form of mail requiring a return
receipt.
(5) Every support order shall state:
(a) The address where the support payment is to be sent;
(b) That withholding action may be taken against wages,
earnings, assets, or benefits, and liens enforced against real
and personal property under the child support statutes of this
or any other state, without further notice to the responsible
parent at any time after entry of a support order, unless:
(i) One of the parties demonstrates, and the court finds,
that there is good cause not to require immediate income
withholding; or
(ii) The parties reach a written agreement that is
approved by the court that provides for an alternate arrangement;
(c) The income of the parties, if known, or that their
income is unknown and the income upon which the support
award is based;
(d) The support award as a sum certain amount;
[Title 26 RCW—page 90]
(e) The specific day or date on which the support payment is due;
(f) The names and ages of the dependent children;
(g) A provision requiring the responsible parent to keep
the Washington state support registry informed of whether he
or she has access to health insurance coverage at reasonable
cost and, if so, the health insurance policy information;
(h) That any parent owing a duty of child support shall be
obligated to provide health insurance coverage for his or her
child if coverage that can be extended to cover the child is or
becomes available to that parent through employment or is
union-related as provided under RCW 26.09.105;
(i) That if proof of health insurance coverage or proof
that the coverage is unavailable is not provided within twenty
days, the obligee or the department may seek direct enforcement of the coverage through the obligor's employer or union
without further notice to the obligor as provided under chapter 26.18 RCW;
(j) The reasons for not ordering health insurance coverage if the order fails to require such coverage;
(k) That the responsible parent's privileges to obtain and
maintain a license, as defined in RCW 74.20A.320, may not
be renewed, or may be suspended if the parent is not in compliance with a sup po rt or der as pr ovid ed in RCW
74.20A.320;
(l) That each parent must:
(i) Promptly file with the court and update as necessary
the confidential information form required by subsection (7)
of this section; and
(ii) Provide the state case registry and update as necessary the information required by subsection (7) of this section; and
(m) That parties to administrative support orders shall
provide to the state case registry and update as necessary their
residential addresses and the address of the responsible parent's employer. The division of child support may adopt rules
that govern the collection of parties' current residence and
mailing addresses, telephone numbers, dates of birth, social
security numbers, the names of the children, social security
numbers of the children, dates of birth of the children, driver's
license numbers, and the names, addresses, and telephone
numbers of the parties' employers to enforce an administrative support order. The division of child support shall not
release this information if the division of child support determines that there is reason to believe that release of the information may result in physical or emotional harm to the party
or to the child, or a restraining order or protective order is in
effect to protect one party from the other party.
(6) After the responsible parent has been ordered or notified to make payments to the Washington state support registry under this section, the responsible parent shall be fully
responsible for making all payments to the Washington state
support registry and shall be subject to payroll deduction or
other income-withholding action. The responsible parent
shall not be entitled to credit against a support obligation for
any payments made to a person or agency other than to the
Washington state support registry except as provided under
RCW 74.20.101. A civil action may be brought by the payor
to recover payments made to persons or agencies who have
received and retained support moneys paid contrary to the
provisions of this section.
(2004 Ed.)
State Support Registry
(7) All petitioners and parties to all court actions under
chapters 26.09, 26.10, 26.12, 26.18, 26.21, 26.23, 26.26, and
26.27 RCW shall complete to the best of their knowledge a
verified and signed confidential information form or equivalent that provides the parties' current residence and mailing
addresses, telephone numbers, dates of birth, social security
numbers, driver's license numbers, and the names, addresses,
and telephone numbers of the parties' employers. The clerk of
the court shall not accept petitions, except in parentage
actions initiated by the state, orders of child support, decrees
of dissolution, or paternity orders for filing in such actions
unless accompanied by the confidential information form or
equivalent, or unless the confidential information form or
equivalent is already on file with the court clerk. In lieu of or
in addition to requiring the parties to complete a separate confidential information form, the clerk may collect the information in electronic form. The clerk of the court shall transmit
the confidential information form or its data to the division of
child support with a copy of the order of child support or
paternity order, and may provide copies of the confidential
information form or its data and any related findings, decrees,
parenting plans, orders, or other documents to the state
administrative agency that administers Title IV-A, IV-D, or
IV-E of the federal social security act. In state initiated paternity actions, the parties adjudicated the parents of the child or
children shall complete the confidential information form or
equivalent or the state's attorney of record may complete that
form to the best of the attorney's knowledge. [2001 c 42 § 3;
1998 c 160 § 2; 1997 c 58 § 888; 1994 c 230 § 9; 1993 c 207
§ 1; 1991 c 367 § 39; 1989 c 360 § 15; 1987 c 435 § 5.]
Effective date—Severability—2001 c 42: See notes following RCW
26.09.020.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Intent—1997 c 58: See note following RCW 74.20A.320.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.055
26.23.055 Support proceedings, orders, and registry—Required information—Duty to update—Service.
(1) Each party to a paternity or child support proceeding must
provide the court and the Washington state child support registry with the confidential information form as required under
RCW 26.23.050.
(2) Each party to an order entered in a child support or
paternity proceeding shall update the information required
under subsection (1) of this section promptly after any
change in the information. The duty established under this
section continues as long as any monthly support or support
debt remains due under the support order.
(3) In any proceeding to establish, enforce, or modify the
child support order between the parties, a party may demonstrate to the presiding officer that he or she has diligently
attempted to locate the other party. Upon a showing of diligent efforts to locate, the presiding officer shall deem service
of process for the action by delivery of written notice to the
address most recently provided by the party under this section to be adequate notice of the action.
(2004 Ed.)
26.23.060
(4) All support orders shall contain notice to the parties
of the obligations established by this section and possibility
of service of process according to subsection (3) of this section. [2001 c 42 § 4; 1998 c 160 § 3; 1997 c 58 § 904.]
Effective date—Severability—2001 c 42: See notes following RCW
26.09.020.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.23.060
26.23.060 Notice of payroll deduction—Answer—
Processing fee. (1) The division of child support may issue
a notice of payroll deduction:
(a) As authorized by a support order that contains a
notice clearly stating that child support may be collected by
withholding from earnings, wages, or benefits without further
notice to the obligated parent; or
(b) After service of a notice containing an income-withholding provision under this chapter or chapter 74.20A
RCW.
(2) The division of child support shall serve a notice of
payroll deduction upon a responsible parent's employer or
upon the employment security department for the state in
possession of or owing any benefits from the unemployment
compensation fund to the responsible parent pursuant to Title
50 RCW:
(a) In the manner prescribed for the service of a summons in a civil action;
(b) By certified mail, return receipt requested;
(c) By electronic means if there is an agreement between
the secretary and the person, firm, corporation, association,
political subdivision, department of the state, or agency, subdivision, or instrumentality of the United States to accept service by electronic means; or
(d) By regular mail to a responsible parent's employer
unless the division of child support reasonably believes that
service of process in the manner prescribed in (a) or (b) of
this subsection is required for initiating an action to ensure
employer compliance with the withholding requirement.
(3) Service of a notice of payroll deduction upon an
employer or employment security department requires the
employer or employment security department to immediately
make a mandatory payroll deduction from the responsible
parent's unpaid disposable earnings or unemployment compensation benefits. The employer or employment security
department shall thereafter deduct each pay period the
amount stated in the notice divided by the number of pay
periods per month. The payroll deduction each pay period
shall not exceed fifty percent of the responsible parent's disposable earnings.
(4) A notice of payroll deduction for support shall have
priority over any wage assignment, garnishment, attachment,
or other legal process.
(5) The notice of payroll deduction shall be in writing
and include:
(a) The name and social security number of the responsible parent;
(b) The amount to be deducted from the responsible parent's disposable earnings each month, or alternate amounts
[Title 26 RCW—page 91]
26.23.070
Title 26 RCW: Domestic Relations
and frequencies as may be necessary to facilitate processing
of the payroll deduction;
(c) A statement that the total amount withheld shall not
exceed fifty percent of the responsible parent's disposable
earnings;
(d) The address to which the payments are to be mailed
or delivered; and
(e) A notice to the responsible parent warning the
responsible parent that, despite the payroll deduction, the
responsible parent's privileges to obtain and maintain a
license, as defined in RCW 74.20A.320, may not be renewed,
or may be suspended if the parent is not in compliance with a
support order as defined in RCW 74.20A.320.
(6) An informational copy of the notice of payroll deduction shall be mailed to the last known address of the responsible parent by regular mail.
(7) An employer or employment security department
that receives a notice of payroll deduction shall make immediate deductions from the responsible parent's unpaid disposable earnings and remit proper amounts to the Washington
state support registry within seven working days of the date
the earnings are payable to the responsible parent.
(8) An employer, or the employment security department, upon whom a notice of payroll deduction is served,
shall make an answer to the division of child support within
twenty days after the date of service. The answer shall confirm compliance and institution of the payroll deduction or
explain the circumstances if no payroll deduction is in effect.
The answer shall also state whether the responsible parent is
employed by or receives earnings from the employer or
receives unemployment compensation benefits from the
employment security department, whether the employer or
employment security department anticipates paying earnings
or unemployment compensation benefits and the amount of
earnings. If the responsible parent is no longer employed, or
receiving earnings from the employer, the answer shall state
the present employer's name and address, if known. If the
responsible parent is no longer receiving unemployment
compensation benefits from the employment security department, the answer shall state the present employer's name and
address, if known.
The returned answer or a payment remitted to the division of child support by the employer constitutes proof of service of the notice of payroll deduction in the case where the
notice was served by regular mail.
(9) The employer may deduct a processing fee from the
remainder of the responsible parent's earnings after withholding under the notice of payroll deduction, even if the remainder is exempt under RCW 26.18.090. The processing fee may
not exceed: (a) Ten dollars for the first disbursement made to
the Washington state support registry; and (b) one dollar for
each subsequent disbursement to the registry.
(10) The notice of payroll deduction shall remain in
effect until released by the division of child support, the court
enters an order terminating the notice and approving an alternate arrangement under RCW 26.23.050, or until the
employer no longer employs the responsible parent and is no
longer in possession of or owing any earnings to the responsible parent. The employer shall promptly notify the office of
support enforcement when the employer no longer employs
the parent subject to the notice. For the employment security
[Title 26 RCW—page 92]
department, the notice of payroll deduction shall remain in
effect until released by the division of child support or until
the court enters an order terminating the notice.
(11) The division of child support may use uniform interstate withholding forms adopted by the United States department of health and human services to take withholding
actions under this section whether the responsible parent is
receiving earnings or unemployment compensation in this
state or in another state. [2000 c 86 § 4; 2000 c 29 § 1; 1998
c 160 § 8; 1997 c 58 § 890; 1994 c 230 § 10; 1991 c 367 § 40;
1989 c 360 § 32; 1987 c 435 § 6.]
Reviser's note: This section was amended by 2000 c 29 § 1 and by
2000 c 86 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—2000 c 29: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2000 c 29 § 2.]
Conflict with federal requirements—2000 c 29: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this
act. Rules adopted under this act must meet federal requirements that are a
necessary condition to the receipt of federal funds by the state or the granting
of federal unemployment tax credits to employers in this state." [2000 c 29
§ 3.]
Effective date—2000 c 29: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 17, 2000]." [2000 c 29 § 4.]
Effective date—1998 c 160 §§ 1, 5, and 8: See note following RCW
74.20A.080.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.070
26.23.070 Payments to registry—Methods—Immunity from civil liability. (1) The employer or the employment security department may combine amounts withheld
from the earnings of more than one responsible parent in a
single payment to the Washington state support registry, listing separately the amount of the payment which is attributable to each individual.
(2) No employer nor employment security department
that complies with a notice of payroll deduction under this
chapter shall be civilly liable to the responsible parent for
complying with a notice of payroll deduction under this chapter. [1991 c 367 § 41; 1987 c 435 § 7.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.075
26.23.075 Payments—Dishonored checks—Fees—
Rules. For any payment made by a check as defined in RCW
62A.3-104, if the instrument is dishonored under RCW
62A.3-515, the costs and fees authorized under RCW 62A.3515 apply. The department may establish procedures and
adopt rules to enforce this section. [2000 c 215 § 4.]
(2004 Ed.)
State Support Registry
26.23.080
26.23.080 Certain acts by employers prohibited—
Penalties. No employer shall discipline or discharge an
employee or refuse to hire a person by reason of an action
authorized in this chapter. If an employer disciplines or discharges an employee or refuses to hire a person in violation
of this section, the employee or person shall have a cause of
action against the employer. The employer shall be liable for
double the amount of lost wages and any other damages suffered as a result of the violation and for costs and reasonable
attorney fees, and shall be subject to a civil penalty of not
more than two thousand five hundred dollars for each violation. The employer may also be ordered to hire, rehire, or
reinstate the aggrieved individual. [1987 c 435 § 9.]
26.23.090
26.23.090 Employer liability for failure or refusal to
respond or remit earnings. (1) The employer shall be liable
to the Washington state support registry, or to the agency or
firm providing child support enforcement for another state,
under Title IV-D of the federal social security act and issuing
a notice, garnishment, or wage assignment attaching wages
or earnings in satisfaction of a support obligation, for the
amount of support moneys which should have been withheld
from the employee's earnings, if the employer:
(a) Fails or refuses, after being served with a notice of
payroll deduction, or substantially similar action issued by
the agency or firm providing child support enforcement for
another state, under Title IV-D of the federal social security
act, to deduct and promptly remit from unpaid earnings the
amounts of money required in the notice;
(b) Fails or refuses to submit an answer to the notice of
payroll deduction, or substantially similar action issued by
the agency or firm providing child support enforcement for
another state, under Title IV-D of the federal social security
act, after being served; or
(c) Is unwilling to comply with the other requirements of
RCW 26.23.060.
(2) Liability may be established in superior court or may
be established pursuant to RCW 74.20A.350. Awards in
superior court and in actions pursuant to RCW 74.20A.350
shall include costs, interest under RCW 19.52.020 and
4.56.110, and reasonable attorneys' fees and staff costs as a
part of the award. Debts established pursuant to this section
may be collected by the division of child support using any of
the remedies available under chapter 26.09, 26.18, 26.21,
26.23, 74.20, or 74.20A RCW for the collection of child support. [1997 c 296 § 13; 1997 c 58 § 894; 1990 c 165 § 2; 1987
c 435 § 10.]
Reviser's note: This section was amended by 1997 c 58 § 894 and by
1997 c 296 § 13, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.23.100
26.23.100 Motion to quash, modify, or terminate
payroll deduction—Grounds for relief. (1) The responsible parent subject to a payroll deduction pursuant to this
chapter, may file a motion in superior court to quash, modify,
or terminate the payroll deduction.
(2004 Ed.)
26.23.110
(2) Except as provided in subsections (4) and (5) of this
section, the court may grant relief only upon a showing: (a)
That the payroll deduction causes extreme hardship or substantial injustice; or (b) that the support payment was not past
due under the terms of the order when the notice of payroll
deduction was served on the employer.
(3) Satisfaction by the obligor of all past due payments
subsequent to the issuance of the notice of payroll deduction
is not grounds to quash, modify, or terminate the notice of
payroll deduction.
(4) If a notice of payroll deduction has been in operation
for twelve consecutive months and the obligor's support obligation is current, upon motion of the obligor, the court may
order the office of support enforcement to terminate the payroll deduction, unless the obligee can show good cause as to
why the payroll deduction should remain in effect.
(5) Subsection (2) of this section shall not prevent the
court from ordering an alternative arrangement as provided
under RCW 26.23.050(2). [1994 c 230 § 11; 1991 c 367 § 42;
1989 c 360 § 31; 1987 c 435 § 8.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.110
26.23.110 Procedures when amount of support obligation needs to be determined—Notice—Adjudicative
proceeding. (1) The department may serve a notice of support owed on a responsible parent when a support order:
(a) Does not state the current and future support obligation as a fixed dollar amount; or
(b) Contains an escalation clause or adjustment provision for which additional information not contained in the
support order is needed to determine the fixed dollar amount
of the support debt or the fixed dollar amount of the current
and future support obligation, or both.
(2) The notice of support owed shall facilitate enforcement of the support order and implement and effectuate the
terms of the support order, rather than modify those terms.
When the office of support enforcement issues a notice of
support owed, the office shall inform the payee under the
support order.
(3) The notice of support owed shall be served on a
responsible parent by personal service or any form of mailing
requiring a return receipt. The notice of support owed shall
contain an initial finding of the fixed dollar amount of current
and future support obligation that should be paid or the fixed
dollar amount of the support debt owed under the support
order, or both.
(4) A responsible parent who objects to the fixed dollar
amounts stated in the notice of support owed has twenty days
from the date of the service of the notice of support owed to
file an application for an adjudicative proceeding or initiate
an action in superior court.
(5) The notice of support owed shall state that the
responsible parent may:
(a) File an application for an adjudicative proceeding
governed by chapter 34.05 RCW, the administrative procedure act, in which the responsible parent will be required to
appear and show cause why the fixed dollar amount of support debt or current and future support obligation, or both,
stated in the notice of support owed is incorrect and should
not be ordered; or
[Title 26 RCW—page 93]
26.23.120
Title 26 RCW: Domestic Relations
(b) Initiate an action in superior court.
(6) If the responsible parent does not file an application
for an adjudicative proceeding or initiate an action in superior
court, the fixed dollar amount of current and future support
obligation or support debt, or both, stated in the notice of support owed shall become final and subject to collection action.
(7) If an adjudicative proceeding is requested, the department shall mail a copy of the notice of adjudicative proceeding to the payee under the support order at the payee's last
known address. A payee who appears for the adjudicative
proceeding is entitled to participate. Participation includes,
but is not limited to, giving testimony, presenting evidence,
being present for or listening to other testimony offered in the
adjudicative proceeding, and offering rebuttal to other testimony. Nothing in this section shall preclude the administrative law judge from limiting participation to preserve the confidentiality of information protected by law.
(8) If the responsible parent does not initiate an action in
superior court, and serve notice of the action on the department within the twenty-day period, the responsible parent
shall be deemed to have made an election of remedies and
shall be required to exhaust administrative remedies under
this chapter with judicial review available as provided for in
RCW 34.05.510 through 34.05.598.
(9) An adjudicative order entered in accordance with this
section shall state the basis, rationale, or formula upon which
the fixed dollar amounts established in the adjudicative order
were based. The fixed dollar amount of current and future
support obligation or the amount of the support debt, or both,
determined under this section shall be subject to collection
under this chapter and other applicable state statutes.
(10) The department shall also provide for:
(a) An annual review of the support order if either the
office of support enforcement or the responsible parent
requests such a review; and
(b) A late adjudicative proceeding if the responsible parent fails to file an application for an adjudicative proceeding
in a timely manner under this section.
(11) If an annual review or late adjudicative proceeding
is requested under subsection (10) of this section, the department shall mail a copy of the notice of adjudicative proceeding to the payee at the payee's last known address. A payee
who appears for the adjudicative proceeding is entitled to
participate. Participation includes, but is not limited to, giving testimony, presenting evidence, being present for or listening to other testimony offered in the adjudicative proceeding, and offering rebuttal to other testimony. The administrative law judge may limit participation to preserve the
confidentiality of information protected by law. [1993 c 12 §
1. Prior: 1989 c 360 § 16; 1989 c 175 § 77; 1987 c 435 § 11.]
Effective dates—1989 c 360 §§ 9, 10, 16, and 39: See note following
RCW 74.20A.060.
Effective date—1989 c 175: See note following RCW 34.05.010.
26.23.120
26.23.120 Information and records—Confidentiality—Disclosure—Adjudicative proceeding—Rules—Penalties. (1) Any information or records concerning individuals
who owe a support obligation or for whom support enforcement services are being provided which are obtained or maintained by the Washington state support registry, the division
of child support, or under chapter 74.20 RCW shall be private
[Title 26 RCW—page 94]
and confidential and shall only be subject to public disclosure
as provided in subsection (2) of this section.
(2) The secretary of the department of social and health
services may adopt rules:
(a) That specify what information is confidential;
(b) That specify the individuals or agencies to whom this
information and these records may be disclosed;
(c) Limiting the purposes for which the information may
be disclosed;
(d) Establishing procedures to obtain the information or
records; or
(e) Establishing safeguards necessary to comply with
federal law requiring safeguarding of information.
(3) The rules adopted under subsection (2) of this section
shall provide for disclosure of the information and records,
under appropriate circumstances, which shall include, but not
be limited to:
(a) When authorized or required by federal statute or regulation governing the support enforcement program;
(b) To the person the subject of the records or information, unless the information is exempt from disclosure under
RCW 42.17.310;
(c) To government agencies, whether state, local, or federal, and including federally recognized tribes, law enforcement agencies, prosecuting agencies, and the executive
branch, if the disclosure is necessary for child support
enforcement purposes or required under Title IV-D of the
federal social security act;
(d) To the parties in a judicial or adjudicative proceeding
upon a specific written finding by the presiding officer that
the need for the information outweighs any reason for maintaining the privacy and confidentiality of the information or
records;
(e) To private persons, federally recognized tribes, or
organizations if the disclosure is necessary to permit private
contracting parties to assist in the management and operation
of the department;
(f) Disclosure of address and employment information to
the parties to an action for purposes relating to a child support
order, subject to the limitations in subsections (4) and (5) of
this section;
(g) Disclosure of information or records when necessary
to the efficient administration of the support enforcement
program or to the performance of functions and responsibilities of the support registry and the division of child support as
set forth in state and federal statutes; or
(h) Disclosure of the information or records when authorized under RCW 74.04.060.
(4) Prior to disclosing the whereabouts of a physical custodian, custodial parent or a child to the other parent or party,
a notice shall be mailed, if appropriate under the circumstances, to the parent or physical custodian whose whereabouts are to be disclosed, at that person's last known address.
The notice shall advise the parent or physical custodian that a
request for disclosure has been made and will be complied
with unless the department:
(a) Receives a copy of a court order within thirty days
which enjoins the disclosure of the information or restricts or
limits the requesting party's right to contact or visit the parent
or party whose address is to be disclosed or the child;
(2004 Ed.)
State Support Registry
(b) Receives a hearing request within thirty days under
subsection (5) of this section; or
(c) Has reason to believe that the release of the information may result in physical or emotional harm to the physical
custodian whose whereabouts are to be released, or to the
child.
(5) A person receiving notice under subsection (4) of this
section may request an adjudicative proceeding under chapter
34.05 RCW, at which the person may show that there is reason to believe that release of the information may result in
physical or emotional harm to the person or the child. The
administrative law judge shall determine whether the whereabouts of the person or child should be disclosed based on
subsection (4)(c) of this section, however no hearing is necessary if the department has in its possession a protective
order or an order limiting visitation or contact.
(6) The notice and hearing process in subsections (4) and
(5) of this section do not apply to protect the whereabouts of
a noncustodial parent, unless that parent has requested notice
before whereabouts information is released. A noncustodial
parent may request such notice by submitting a written
request to the division of child support.
(7) Nothing in this section shall be construed as limiting
or restricting the effect of RCW 42.17.260(9). Nothing in this
section shall be construed to prevent the disclosure of information and records if all details identifying an individual are
deleted or the individual consents to the disclosure.
(8) It shall be unlawful for any person or agency in violation of this section to solicit, publish, disclose, receive,
make use of, or to authorize, knowingly permit, participate in
or acquiesce in the use of any lists of names for commercial
or political purposes or the use of any information for purposes other than those purposes specified in this section. A
violation of this section shall be a gross misdemeanor as provided in chapter 9A.20 RCW. [1998 c 160 § 4; 1997 c 58 §
908; 1994 c 230 § 12. Prior: 1989 c 360 § 17; 1989 c 175 §
78; 1987 c 435 § 12.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—1989 c 175: See note following RCW 34.05.010.
26.23.130
26.23.130 Notice to department of child support or
maintenance orders. The department shall be given twenty
calendar days prior notice of the entry of any final order and
five days prior notice of the entry of any temporary order in
any proceeding involving child support or maintenance if the
department has a financial interest based on an assignment of
support rights under RCW 74.20.330 or the state has a subrogated interest under RCW 74.20A.030. Service of this notice
upon the department shall be by personal service on, or mailing by any form of mail requiring a return receipt to, the
office of the attorney general; except that notice shall be
given to the office of the prosecuting attorney for the county
in which the action is filed in lieu of the office of the attorney
general in those counties and in the types of cases as designated by the office of the attorney general by letter sent to the
presiding superior court judge of that county. The department
shall not be entitled to terms for a party's failure to serve the
department within the time requirements for this section,
(2004 Ed.)
26.23.150
unless the department proves that the party knew that the
department had an assignment of support rights or a subrogated interest and that the failure to serve the department was
intentional. [2002 c 199 § 3; 1991 c 367 § 43.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.140
26.23.140 Collection and disclosure of social security
numbers—Finding—Waiver requested to prevent fraud.
The federal personal responsibility and work opportunity reconciliation act of 1996, P.L. 104-193, requires states to collect social security numbers as part of the application process
for professional licenses, driver's licenses, occupational
licenses, and recreational licenses. The legislature finds that
if social security numbers are accessible to the public, it will
be relatively easy for someone to use another's social security
number fraudulently to assume that person's identity and gain
access to bank accounts, credit services, billing information,
driving history, and other sources of personal information.
Public Law 104-193 could compound and exacerbate the disturbing trend of social security number-related fraud. In order
to prevent fraud and curtail invasions of privacy, the governor, through the department of social and health services,
shall seek a waiver to the federal mandate to record social
security numbers on applications for professional, driver's,
occupational, and recreational licenses. If a waiver is not
granted, the licensing agencies shall collect and disclose
social security numbers as required under RCW 26.23.150.
[1998 c 160 § 6.]
26.23.150
26.23.150 Recording of social security numbers—
Compliance with federal requirement—Restricted disclosure. In order to assist in child support enforcement as
required by federal law, all applicants for an original, replacement, or renewal of a professional license, commercial
driver's license, occupational license, or recreational license
must furnish the licensing agency with the applicant's social
security number, which shall be recorded on the application.
No applicant for an original, replacement, or renewal noncommercial driver's license is required to furnish the licensing agency with the applicant's social security number for
purposes of assisting in child support enforcement prior to
the time necessary to comply with the *federal deadline. The
licensing agencies collecting social security numbers shall
not display the social security number on the license document. Social security numbers collected by licensing agencies shall not be disclosed except as required by state or federal law or under RCW 26.23.120. [1999 c 138 § 2; 1998 c
160 § 7.]
*Reviser's note: The federal deadline was October 1, 2000.
Finding—Implementation—Intent—1999 c 138: "The legislature
declares that enhancing the effectiveness of child support enforcement is an
essential public policy goal, but that the use of social security numbers on
licenses is an inappropriate, intrusive, and offensive method of improving
enforceability. The legislature also finds that, in 1997, the federal government threatened sanction by withholding of funds for programs for poor families if states did not comply with a federal requirement to use social security
numbers on licenses, thus causing the legislature to enact such provisions
under protest. Since that time, the federal government has delayed implementation of the noncommercial driver's license requirement until October
1, 2000.
The legislature will require compliance with federal law in this matter
only at such time and in the event that the federal government actually imple[Title 26 RCW—page 95]
26.23.900
Title 26 RCW: Domestic Relations
ments the requirement of using social security numbers on noncommercial
driver's license applications. Therefore, the legislature intends to delay the
implementation of provisions enacted in 1998 requiring social security numbers be recorded on all applications for noncommercial driver's licenses."
[1999 c 138 § 1.]
26.23.900
26.23.900 Effective date—1987 c 435. Sections 1
through 3 and 5 through 36 of this act shall take effect January 1, 1988. [1987 c 435 § 37.]
Chapter 26.25 RCW
COOPERATIVE CHILD SUPPORT SERVICES—
INDIAN TRIBES
Chapter 26.25
Sections
26.25.010
26.25.020
26.25.030
26.25.040
Purpose.
Cooperative agreements—Authorized.
Cooperative agreements—Contents.
Rules.
26.25.010
26.25.010 Purpose. The legislature recognizes that
Indian tribes are sovereign nations and the relationship
between the state and the tribe is sovereign-to-sovereign.
The federal government acknowledged the importance
of including Indian tribes in child support systems established by the federal government and the states. The personal
responsibility and work opportunity reconciliation act of
1996, P.L. 104-193, provides Indian tribes the option of
developing their own tribal plan and tribal child support
enforcement program to receive funds directly from the federal government for their own Title IV-D program similar to
that of other states. The act also expressly authorizes the
states and Indian tribe or tribal organization to enter into
cooperative agreements to provide for the delivery of child
support enforcement services.
It is the purpose of this chapter to encourage the department of social and health services, division of child support,
and the Indian tribes within the state's borders to enter into
cooperative agreements that will assist the state and tribal
governments in carrying out their respective responsibilities.
The legislature recognizes that the state and the tribes each
possess resources that are sometimes distinct to that government. The legislature intends that the state and the tribes
work together to make the most efficient and productive use
of all resources and authorities.
Cooperative agreements will enable the state and the
tribes to better provide child support services to Indian children and to establish and enforce child support obligations,
orders, and judgments. Under cooperative agreements, the
state and the tribes can work as partners to provide culturally
relevant child support services, consistent with state and federal laws, that are based on tribal laws and customs. The legislature recognizes that the preferred method for handling
cases where all or some of the parties are enrolled tribal
members living on the tribal reservation is to develop an
agreement so that appropriate cases are referred to the tribe to
be processed in the tribal court. The legislature recognizes
that cooperative agreements serve the best interests of the
children. [1997 c 386 § 60.]
26.25.020
26.25.020 Cooperative agreements—Authorized. (1)
The department of social and health services may enter into
[Title 26 RCW—page 96]
an agreement with an Indian tribe or tribal organization,
which is within the state's borders and recognized by the federal government, for joint or cooperative action on child support services and child support enforcement.
(2) In determining the scope and terms of the agreement,
the department and the tribe should consider, among other
factors, whether the tribe has an established tribal court system with the authority to establish, modify, or enforce support orders, establish paternity, or enter support orders in
accordance with child support guidelines established by the
tribe. [1997 c 386 § 61.]
26.25.030
26.25.030 Cooperative agreements—Contents. An
agreement established under this section may, but is not
required to, address the following:
(1) Recognizing the state's and tribe's authority to
address child support matters with the development of a process designed to determine how tribal member cases may be
handled;
(2) The authority, procedures, and guidelines for all
aspects of establishing, entering, modifying, and enforcing
child support orders in the tribal court and the state court;
(3) The authority, procedures, and guidelines the department and tribe will follow for the establishment of paternity;
(4) The establishment and agreement of culturally relevant factors that may be considered in child support enforcement;
(5) The authority, procedures, and guidelines for the garnishing of wages of tribal members or employees of a tribe,
tribally owned enterprise, or an Indian-owned business
located on the reservation;
(6) The department's and tribe's responsibilities to each
other;
(7) The ability for the department and the tribe to address
the fiscal responsibilities between each other;
(8) Requirements for alternative dispute resolution procedures;
(9) The necessary procedures for notice and the continual sharing of information; and
(10) The duration of the agreement, under what circumstances the parties may terminate the agreement, and the consequences of breaching the provisions in the agreement.
[1997 c 386 § 62.]
26.25.040
26.25.040 Rules. The department of social and health
services may adopt rules to implement this chapter. [1997 c
386 § 63.]
Chapter 26.26
Chapter 26.26 RCW
UNIFORM PARENTAGE ACT
Sections
26.26.011
26.26.021
26.26.031
26.26.041
26.26.051
26.26.065
26.26.101
26.26.106
26.26.111
26.26.116
Definitions.
Scope of act—Choice of law—Surrogate parentage contracts.
Courts of this state—Authority.
Protection of participants.
Determination of maternity.
Mandatory use of approved forms.
Establishment of parent-child relationship.
No discrimination based on marital status.
Consequences of establishment of parentage.
Presumption of paternity in context of marriage.
(2004 Ed.)
Uniform Parentage Act
26.26.130
26.26.132
26.26.134
26.26.138
26.26.140
26.26.145
26.26.150
26.26.160
26.26.165
26.26.190
26.26.210
26.26.220
26.26.230
26.26.240
26.26.250
26.26.260
26.26.270
26.26.300
26.26.305
26.26.310
26.26.315
26.26.320
26.26.325
26.26.330
26.26.335
26.26.340
26.26.345
26.26.350
26.26.355
26.26.360
26.26.365
26.26.370
26.26.375
26.26.400
26.26.405
26.26.410
26.26.415
26.26.420
26.26.425
26.26.430
26.26.435
26.26.440
26.26.445
26.26.450
26.26.500
26.26.505
26.26.510
26.26.515
26.26.520
26.26.525
26.26.530
26.26.535
26.26.540
26.26.545
26.26.550
26.26.555
26.26.570
26.26.575
26.26.585
26.26.590
26.26.600
26.26.605
26.26.610
26.26.615
(2004 Ed.)
Judgment or order determining parent and child relationship—
Support judgment and orders—Residential provisions—
Custody—Restraining orders—Notice of modification or
termination of restraining order.
Support orders—Compliance with RCW 26.23.050.
Support orders—Time limit, exception.
Restraining order—Knowing violation—Penalty—Law
enforcement immunity.
Costs.
Proof of certain support and paternity establishment costs.
Enforcement of judgments or orders.
Modification of judgment or order—Continuing jurisdiction.
Health insurance coverage.
Relinquishment of child for adoption—Notice to other parent.
Surrogate parenting—Definitions.
Surrogate parenting—Persons excluded from contracting.
Surrogate parenting—Compensation prohibited.
Surrogate parenting—Contract for compensation void.
Surrogate parenting—Provisions violated—Penalty.
Surrogate parenting—Custody of child.
Parenting plan—Designation of parent for other state and federal purposes.
Acknowledgment of paternity.
Execution of acknowledgment of paternity.
Denial of paternity.
Rules for acknowledgment and denial of paternity.
Effect of acknowledgment or denial of paternity.
Filing fee for acknowledgment or denial of paternity.
Proceeding for rescission of acknowledgment or denial of
paternity.
Challenge after expiration of time for rescission of acknowledgment or denial of paternity.
Procedure for rescission or challenge of acknowledgment or
denial of paternity.
Ratification barred of unchallenged acknowledgment of paternity.
Full faith and credit.
Forms for acknowledgment and denial of paternity.
Release of information.
Adoption of rules.
Acknowledgment of paternity—Application of RCW
26.26.300 through 26.26.375—Adjudication.
Judicial proceedings.
Genetic testing—Application of RCW 26.26.405 through
26.26.450.
Order for genetic testing.
Requirements for genetic testing.
Report of genetic testing.
Genetic testing results—Rebuttal.
Costs of genetic testing.
Additional genetic testing.
Genetic testing when specimen not available.
Genetic testing—Deceased individual.
Genetic testing—Identical brothers.
Confidentiality of genetic testing—Penalty.
Proceeding to adjudicate parentage authorized.
Standing to maintain proceeding to adjudicate parentage.
Parties to proceeding to adjudicate parentage.
Proceeding to adjudicate parentage—Personal jurisdiction.
Proceeding to adjudicate parentage—Venue.
Proceeding to adjudicate parentage—No time limitation:
Child having no presumed, acknowledged, or adjudicated
father.
Proceeding to adjudicate parentage—Time limitation: Child
having presumed father.
Proceeding to adjudicate parentage—Authority to deny
genetic testing.
Proceeding to adjudicate parentage—Time limitation: Child
having acknowledged or adjudicated father.
Joinder of proceedings.
Proceeding to determine parentage—Before birth.
Child as party—Representation.
Proceeding to adjudicate parentage—Admissibility of results
of genetic testing—Expenses.
Proceeding to adjudicate parentage—Consequences of declining genetic testing.
Proceeding to adjudicate parentage—Admission of paternity
authorized.
Proceeding to adjudicate parentage—Temporary order.
Rules for adjudication of paternity.
Proceeding to adjudicate parentage—Jury prohibited.
Proceeding to adjudicate parentage—Hearings—Inspection of
records.
Adjudication of paternity—Order on default.
26.26.620
26.26.625
26.26.630
26.26.700
26.26.705
26.26.710
26.26.715
26.26.720
26.26.725
26.26.730
26.26.735
26.26.740
26.26.903
26.26.904
26.26.911
26.26.912
26.26.913
26.26.011
Dismissal for want of prosecution.
Order adjudicating parentage.
Binding effect of determination of parentage.
Application of RCW 26.26.705 through 26.26.740.
Child of assisted reproduction—Parental status of donor.
Husband's paternity of child of assisted reproduction.
Consent to assisted reproduction.
Child of assisted reproduction—Limitation on husband's dispute of paternity.
Child of assisted reproduction—Effect of dissolution of marriage.
Child of assisted reproduction—Parental status of deceased
spouse.
Child of assisted reproduction—Effect of agreement between
ovum donor and woman who gives birth.
Child of assisted reproduction—Issuance of birth certificate.
Uniformity of application and construction—2002 c 302.
Transitional provision.
Short title—2002 c 302.
Severability—2002 c 302.
Captions, article designations, and article headings not law.
Arrest without warrant in domestic violence cases: RCW 10.31.100.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
26.26.011
26.26.011 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Acknowledged father" means a man who has established a father-child relationship under RCW 26.26.300
through 26.26.375.
(2) "Adjudicated father" means a man who has been
adjudicated by a court of competent jurisdiction to be the
father of a child.
(3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic
father of a child, but whose paternity has not been determined. The term does not include:
(a) A presumed father;
(b) A man whose parental rights have been terminated or
declared not to exist; or
(c) A male donor.
(4) "Assisted reproduction" means a method of causing
pregnancy other than sexual intercourse. The term includes:
(a) Intrauterine insemination;
(b) Donation of eggs;
(c) Donation of embryos;
(d) In vitro fertilization and transfer of embryos; and
(e) Intracytoplasmic sperm injection.
(5) "Child" means an individual of any age whose parentage may be determined under this chapter.
(6) "Commence" means to file the petition seeking an
adjudication of parentage in a superior court of this state or to
serve a summons and the petition.
(7) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a valid
acknowledgment of paternity under RCW 26.26.300 through
26.26.375 or adjudication by the court.
(8) "Donor" means an individual who produces eggs or
sperm used for assisted reproduction, whether or not for consideration. The term does not include:
(a) A husband who provides sperm, or a wife who provides eggs, to be used for assisted reproduction by the wife;
or
[Title 26 RCW—page 97]
26.26.021
Title 26 RCW: Domestic Relations
(b) A woman who gives birth to a child by means of
assisted reproduction, except as otherwise provided in RCW
26.26.210 through 26.26.260 or 26.26.735.
(9) "Ethnic or racial group" means, for purposes of
genetic testing, a recognized group that an individual identifies as all or part of his or her ancestry or that is so identified
by other information.
(10) "Genetic testing" means an analysis of genetic
markers only to exclude or identify a man as the father or a
woman as the mother of a child. The term includes an analysis of one or a combination of the following:
(a) Deoxyribonucleic acid; and
(b) Blood-group antigens, red-cell antigens, human-leukocyte antigens, serum enzymes, serum proteins, or red-cell
enzymes.
(11) "Man" means a male individual of any age.
(12) "Parent" means an individual who has established a
parent-child relationship under RCW 26.26.101.
(13) "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term
includes the mother-child relationship and the father-child
relationship.
(14) "Paternity index" means the likelihood of paternity
calculated by computing the ratio between:
(a) The likelihood that the tested man is the father, based
on the genetic markers of the tested man, mother, and child,
conditioned on the hypothesis that the tested man is the father
of the child; and
(b) The likelihood that the tested man is not the father,
based on the genetic markers of the tested man, mother, and
child, conditioned on the hypothesis that the tested man is not
the father of the child and that the father is from the same ethnic or racial group as the tested man.
(15) "Presumed father" means a man who, under RCW
26.26.116, is recognized to be the father of a child until that
status is rebutted or confirmed in a judicial proceeding.
(16) "Probability of paternity" means the measure, for
the ethnic or racial group to which the alleged father belongs,
of the probability that the individual in question is the father
of the child, compared with a random, unrelated man of the
same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.
(17) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(18) "Signatory" means an individual who authenticates
a record and is bound by its terms.
(19) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, any territory or insular possession subject to the
jurisdiction of the United States, or an Indian tribe or band, or
Alaskan native village, that is recognized by federal law or
formally acknowledged by state law.
(20) "Support enforcement agency" means a public official or agency authorized to seek:
(a) Enforcement of support orders or laws relating to the
duty of support;
(b) Establishment or modification of child support;
(c) Determination of parentage; or
(d) Location of child support obligors and their income
and assets. [2002 c 302 § 102.]
[Title 26 RCW—page 98]
26.26.021
26.26.021 Scope of act—Choice of law—Surrogate
parentage contracts. (1) This chapter governs every determination of parentage in this state.
(2) The court shall apply the law of this state to adjudicate the parent-child relationship. The applicable law does
not depend on:
(a) The place of birth of the child; or
(b) The past or present residence of the child.
(3) This chapter does not create, enlarge, or diminish
parental rights or duties under other law of this state.
(4) If a birth results under a surrogate parentage contract
that is unenforceable under the law of this state, the parentchild relationship is determined as provided in RCW
26.26.101 through 26.26.116. [2002 c 302 § 103.]
26.26.031
26.26.031 Courts of this state—Authority. The superior courts of this state are authorized to adjudicate parentage
under this chapter. [2002 c 302 § 104.]
26.26.041
26.26.041 Protection of participants. Proceedings
under this chapter are subject to other law of this state governing the health, safety, privacy, and liberty of a child or
other individuals that could be jeopardized by disclosure of
identifying information, including the address, telephone
number, place of employment, social security number, and
the child's day-care facility and school. [2002 c 302 § 105.]
26.26.051
26.26.051 Determination of maternity. The provisions relating to determination of paternity may be applied to
a determination of maternity. [2002 c 302 § 106.]
26.26.065
26.26.065 Mandatory use of approved forms. (1)
Effective January 1, 1992, a party shall not file any pleading
with the clerk of the court in an action commenced under this
chapter unless on forms approved by the administrator for the
courts.
(2) The parties shall comply with requirements for submission to the court of forms as provided in RCW 26.18.220.
[1992 c 229 § 7; 1990 1st ex.s. c 2 § 28.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes following RCW 26.09.100.
26.26.101
26.26.101 Establishment of parent-child relationship. (1) The mother-child relationship is established
between a child and a woman by:
(a) The woman's having given birth to the child, except
as otherwise provided in RCW 26.26.210 through 26.26.260;
(b) An adjudication of the woman's maternity;
(c) Adoption of the child by the woman;
(d) A valid surrogate parentage contract, under which the
mother is an intended parent of the child, as provided in RCW
26.26.210 through 26.26.260; or
(e) An affidavit and physician's certificate in a form prescribed by the department of health wherein the donor of
ovum or surrogate gestation carrier sets forth her intent to be
legally bound as the parent of a child or children born through
alternative reproductive medical technology by filing the
affidavit and physician's certificate with the registrar of vital
statistics within ten days after the date of the child's birth pursuant to RCW 26.26.735.
(2004 Ed.)
Uniform Parentage Act
(2) The father-child relationship is established between a
child and a man by:
(a) An unrebutted presumption of the man's paternity of
the child under RCW 26.26.116;
(b) The man's having signed an acknowledgment of
paternity under RCW 26.26.300 through 26.26.375, unless
the acknowledgment has been rescinded or successfully challenged;
(c) An adjudication of the man's paternity;
(d) Adoption of the child by the man;
(e) The man's having consented to assisted reproduction
by his wife under RCW 26.26.700 through 26.26.730 that
resulted in the birth of the child; or
(f) A valid surrogate parentage contract, under which the
father is an intended parent of the child, as provided in RCW
26.26.210 through 26.26.260. [2002 c 302 § 201.]
26.26.106
26.26.106 No discrimination based on marital status.
A child born to parents who are not married to each other has
the same rights under the law as a child born to parents who
are married to each other. [2002 c 302 § 202.]
26.26.111
26.26.111 Consequences of establishment of parentage. Unless parental rights are terminated, the parent-child
relationship established under this chapter applies for all purposes, except as otherwise provided by other law of this state.
[2002 c 302 § 203.]
26.26.116
26.26.116 Presumption of paternity in context of
marriage. (1) A man is presumed to be the father of a child
if:
(a) He and the mother of the child are married to each
other and the child is born during the marriage;
(b) He and the mother of the child were married to each
other and the child is born within three hundred days after the
marriage is terminated by death, annulment, dissolution of
marriage, legal separation, or declaration of invalidity;
(c) Before the birth of the child, he and the mother of the
child married each other in apparent compliance with law,
even if the attempted marriage is, or could be, declared
invalid and the child is born during the invalid marriage or
within three hundred days after its termination by death,
annulment, dissolution of marriage, legal separation, or declaration of invalidity; or
(d) After the birth of the child, he and the mother of the
child have married each other in apparent compliance with
law, whether or not the marriage is, or could be declared
invalid, and he voluntarily asserted his paternity of the child,
and:
(i) The assertion is in a record filed with the state registrar of vital statistics;
(ii) Agreed to be and is named as the child's father on the
child's birth certificate; or
(iii) Promised in a record to support the child as his own.
(2) A presumption of paternity established under this
section may be rebutted only by an adjudication under RCW
26.26.500 through 26.26.630. [2002 c 302 § 204.]
26.26.130
26.26.130 Judgment or order determining parent
and child relationship—Support judgment and orders—
(2004 Ed.)
26.26.130
Residential provisions—Custody—Restraining orders—
Notice of modification or termination of restraining
order. (1) The judgment and order of the court determining
the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.
(2) If the judgment and order of the court is at variance
with the child's birth certificate, the court shall order that an
amended birth certificate be issued.
(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the proceeding, concerning the duty of current and future support,
the extent of any liability for past support furnished to the
child if that issue is before the court, the furnishing of bond or
other security for the payment of the judgment, or any other
matter in the best interest of the child. The judgment and
order may direct the father to pay the reasonable expenses of
the mother's pregnancy and confinement. The judgment and
order may include a continuing restraining order or injunction. In issuing the order, the court shall consider the provisions of RCW 9.41.800.
(4) The judgment and order shall contain a provision that
each party must file with the court and the Washington state
child support registry and update as necessary the information required in the confidential information form required by
RCW 26.23.050.
(5) Support judgment and orders shall be for periodic
payments which may vary in amount. The court may limit the
father's liability for the past support to the child to the proportion of the expenses already incurred as the court deems just.
The court shall not limit or affect in any manner the right of
nonparties including the state of Washington to seek reimbursement for support and other services previously furnished to the child.
(6) After considering all relevant factors, the court shall
order either or both parents to pay an amount determined pursuant to the schedule and standards contained in chapter
26.19 RCW.
(7) On the same basis as provided in chapter 26.09
RCW, the court shall make residential provisions with regard
to minor children of the parties, except that a parenting plan
shall not be required unless requested by a party.
(8) In any dispute between the natural parents of a child
and a person or persons who have (a) commenced adoption
proceedings or who have been granted an order of adoption,
and (b) pursuant to a court order, or placement by the department of social and health services or by a licensed agency,
have had actual custody of the child for a period of one year
or more before court action is commenced by the natural parent or parents, the court shall consider the best welfare and
interests of the child, including the child's need for situation
stability, in determining the matter of custody, and the parent
or person who is more fit shall have the superior right to custody.
(9) In entering an order under this chapter, the court may
issue any necessary continuing restraining orders, including
the restraint provisions of domestic violence protection
orders under chapter 26.50 RCW or antiharassment protection orders under chapter 10.14 RCW.
(10) Restraining orders issued under this section
restraining or enjoining the person from molesting or disturbing another party, from going onto the grounds of or entering
[Title 26 RCW—page 99]
26.26.132
Title 26 RCW: Domestic Relations
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within, a
specified distance of a location, shall prominently bear on the
front page of the order the legend: VIOLATION OF THIS
ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A
CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW
AND WILL SUBJECT A VIOLATOR TO ARREST.
(11) The court shall order that any restraining order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection order granted
under this section be forwarded by the clerk of the court on or
before the next judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order,
the law enforcement agency shall forthwith enter the order
into any computer-based criminal intelligence information
system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.
(12) If a restraining order issued pursuant to this section
is modified or terminated, the clerk of the court shall notify
the law enforcement agency specified in the order on or
before the next judicial day. Upon receipt of notice that an
order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system. [2001 c 42 § 5; 2000 c 119 § 10; 1997 c 58 §
947; 1995 c 246 § 31; 1994 sp.s. c 7 § 455. Prior: 1989 c 375
§ 23; 1989 c 360 § 18; 1987 c 460 § 56; 1983 1st ex.s. c 41 §
8; 1975-'76 2nd ex.s. c 42 § 14.]
Effective date—Severability—2001 c 42: See notes following RCW
26.09.020.
Application—2000 c 119: See note following RCW 26.50.021.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1989 c 375: See RCW 26.09.914.
Short title—Section captions—Effective date—Severability—1987
c 460: See RCW 26.09.910 through 26.09.913.
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
26.26.132
26.26.132 Support orders—Compliance with RCW
26.23.050. Every court order or decree establishing a child
support obligation shall be entered in compliance with RCW
26.23.050. [1987 c 435 § 27; 1986 c 138 § 3; 1984 c 260 §
23.]
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1984 c 260: See RCW 26.18.900.
26.26.134
26.26.134 Support orders—Time limit, exception. A
court may not order payment for support provided or
expenses incurred more than five years prior to the commencement of the action. Any period of time in which the
responsible party has concealed himself or avoided the jurisdiction of the court under this chapter shall not be included
within the five-year period. [1983 1st ex.s. c 41 § 11.]
[Title 26 RCW—page 100]
Severability—1983 1st ex.s. c 41: See note following RCW 26.09.060.
26.26.138
26.26.138 Restraining order—Knowing violation—
Penalty—Law enforcement immunity. (1) Whenever a
restraining order is issued under this chapter, and the person
to be restrained knows of the order, a violation of the provisions restricting the person from acts or threats of violence or
of a provision restraining the person from going onto the
grounds of or entering the residence, workplace, school, or
day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, is punishable under RCW
26.50.110.
(2) A person is deemed to have notice of a restraining
order if:
(a) The person to be restrained or the person's attorney
signed the order;
(b) The order recites that the person to be restrained or
the person's attorney appeared in person before the court;
(c) The order was served upon the person to be
restrained; or
(d) The peace officer gives the person oral or written evidence of the order by reading from it or handing to the person
a certified copy of the original order, certified to be an accurate copy of the original by a notary public or by the clerk of
the court.
(3) A peace officer shall verify the existence of a
restraining order by:
(a) Obtaining information confirming the existence and
terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to be
an accurate copy of the original by a notary public or by the
clerk of the court.
(4) A peace officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has probable cause to believe that:
(a) A restraining order has been issued under this chapter;
(b) The respondent or person to be restrained knows of
the order; and
(c) The person to be arrested has violated the terms of the
order restraining the person from acts or threats of violence or
restraining the person from going onto the grounds of or
entering the residence, workplace, school, or day care of
another, or prohibiting the person from knowingly coming
within, or knowingly remaining within, a specified distance
of a location.
(5) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law or
court rule.
(6) No peace officer may be held criminally or civilly
liable for making an arrest under subsection (4) of this section
if the officer acts in good faith and without malice. [2000 c
119 § 23; 1999 c 184 § 12; 1996 c 248 § 11; 1995 c 246 § 33.]
Application—2000 c 119: See note following RCW 26.50.021.
Short title—Severability—1999 c 184: See RCW 26.52.900 and
26.52.902.
Severability—1995 c 246: See note following RCW 26.50.010.
(2004 Ed.)
Uniform Parentage Act
26.26.140
26.26.140 Costs. The court may order reasonable fees
of experts and the child's guardian ad litem, and other costs of
the action, including blood or genetic test costs, to be paid by
the parties in proportions and at times determined by the
court. The court may order that all or a portion of a party's
reasonable attorney's fees be paid by another party, except
that an award of attorney's fees assessed against the state or
any of its agencies or representatives shall be under RCW
4.84.185. [1994 c 146 § 4; 1984 c 260 § 35; 1975-'76 2nd
ex.s. c 42 § 15.]
Severability—1984 c 260: See RCW 26.18.900.
26.26.145
26.26.145 Proof of certain support and paternity
establishment costs. In all actions brought under this chapter, bills for pregnancy, childbirth, and genetic testing shall:
(1) Be admissible as evidence without requiring thirdparty foundation testimony; and
(2) Constitute prima facie evidence of amounts incurred
for such services or for testing on behalf of the child. [1997
c 58 § 939.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.26.150
26.26.150 Enforcement of judgments or orders. (1) If
existence of the father and child relationship is declared, or
paternity or a duty of support has been acknowledged or adjudicated under this chapter or under prior law, the obligation
of the father may be enforced in the same or other proceedings by the mother, the child, the state of Washington, the
public authority that has furnished or may furnish the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a private
agency, to the extent he has furnished or is furnishing these
expenses.
(2) The court shall order support payments to be made to
the Washington state support registry, or the person entitled
to receive the payments under an alternate arrangement
approved by the court as provided in RCW 26.23.050(2).
(3) All remedies for the enforcement of judgments apply.
[1994 c 230 § 16; 1987 c 435 § 28; 1975-'76 2nd ex.s. c 42 §
16.]
Effective date—1987 c 435: See RCW 26.23.900.
26.26.160
26.26.160 Modification of judgment or order—Continuing jurisdiction. (1) Except as provided in subsection
(2) of this section the court has continuing jurisdiction to prospectively modify a judgment and order for future education
and future support, and with respect to matters listed in RCW
26.26.130 (3) and (5), and RCW 26.26.150(2) upon showing
a substantial change of circumstances. The procedures set
forth in RCW 26.09.175 shall be used in modification proceedings under this section.
(2) A judgment or order entered under this chapter may
be modified without a showing of substantial change of circumstances upon the same grounds as RCW 26.09.170 permits support orders to be modified without a showing of a
substantial change of circumstance.
(2004 Ed.)
26.26.210
(3) The court may modify a parenting plan or residential
provisions adopted pursuant to RCW 26.26.130(7) in accordance with the provisions of chapter 26.09 RCW.
(4) The court shall hear and review petitions for modifications of a parenting plan, custody order, visitation order, or
other order governing the residence of a child, and conduct
any proceedings concerning a relocation of the residence
where the child resides a majority of the time, pursuant to
chapter 26.09 RCW. [2000 c 21 § 20; 1992 c 229 § 8; 1989 c
360 § 36; 1975-'76 2nd ex.s. c 42 § 17.]
Applicability—2000 c 21: See RCW 26.09.405.
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.26.165
26.26.165 Health insurance coverage. (1) In entering
or modifying a support order under this chapter, the court
shall require either or both parents to maintain or provide
health insurance coverage for any dependent child as provided under RCW 26.09.105.
(2) This section shall not be construed to limit the
authority of the court to enter or modify support orders containing provisions for payment of uninsured health expenses,
health costs, or insurance premiums which are in addition to
and not inconsistent with this section. "Health insurance coverage" as used in this section does not include medical assistance provided under chapter 74.09 RCW.
(3) A parent ordered to provide health insurance coverage shall provide proof of such coverage or proof that such
coverage is unavailable within twenty days of the entry of the
order to:
(a) The physical custodian; or
(b) The department of social and health services if the
parent has been notified or ordered to make support payments
to the Washington state support registry.
(4) Every order requiring a parent to provide health
insurance coverage shall be entered in compliance with
*RCW 26.23.050 and be subject to direct enforcement as
provided under chapter 26.18 RCW. [1994 c 230 § 17; 1989
c 416 § 4.]
*Reviser's note: The reference to RCW 26.23.050 appears to refer to
the amendments made by 1989 c 416 § 8, which was vetoed by the governor.
26.26.190
26.26.190 Relinquishment of child for adoption—
Notice to other parent. If a parent relinquishes or proposes
to relinquish for adoption a child, the other parent shall be
given notice of the adoption proceeding and have the rights
provided under the provisions of chapter 26.33 RCW. [1985
c 7 § 87; 1975-'76 2nd ex.s. c 42 § 20.]
26.26.210
26.26.210 Surrogate parenting—Definitions. As used
in RCW 26.26.210 through 26.26.260:
(1) "Compensation" means a payment of money, objects,
services, or anything else having monetary value except payment of expenses incurred as a result of the pregnancy and
the actual medical expenses of a surrogate mother, and the
payment of reasonable attorney fees for the drafting of a surrogate parentage contract.
(2) "Surrogate gestation" means the implantation in a
female of an embryo not genetically related to that female
and subsequent gestation of a child by that female.
[Title 26 RCW—page 101]
26.26.220
Title 26 RCW: Domestic Relations
(3) "Surrogate mother" means a female, who is not married to the contributor of the sperm, and who is naturally or
artificially inseminated and who subsequently gestates a
child conceived through the insemination pursuant to a surrogate parentage contract.
(4) "Surrogate parentage contract" means a contract,
agreement, or arrangement in which a female, not married to
the contributor of the sperm, agrees to conceive a child
through natural or artificial insemination or in which a female
agrees to surrogate gestation, and to voluntarily relinquish
her parental rights to the child. [1989 c 404 § 1.]
26.26.220
26.26.220 Surrogate parenting—Persons excluded
from contracting. A person shall not enter into, induce,
arrange, procure, or otherwise assist in the formation of a surrogate parentage contract under which an unemancipated
minor female or a female diagnosed as being mentally
retarded or as having a mental illness or developmental disability is the surrogate mother. [1989 c 404 § 2.]
26.26.230
26.26.230 Surrogate parenting—Compensation prohibited. No person, organization, or agency shall enter into,
induce, arrange, procure, or otherwise assist in the formation
of a surrogate parentage contract, written or unwritten, for
compensation. [1989 c 404 § 3.]
26.26.240
26.26.240 Surrogate parenting—Contract for compensation void. A surrogate parentage contract entered into
for compensation, whether executed in the state of Washington or in another jurisdiction, shall be void and unenforceable
in the state of Washington as contrary to public policy. [1989
c 404 § 4.]
26.26.250
26.26.250 Surrogate parenting—Provisions violated—Penalty. Any person, organization, or agency who
intentionally violates any provision of RCW 26.26.210
through 26.26.260 shall be guilty of a gross misdemeanor.
[1989 c 404 § 5.]
Severability—1989 c 375: See RCW 26.09.914.
26.26.300
26.26.300 Acknowledgment of paternity. The mother
of a child and a man claiming to be the father of the child conceived as the result of his sexual intercourse with the mother
may sign an acknowledgment of paternity with intent to
establish the man's paternity. [2002 c 302 § 301.]
26.26.305
26.26.305 Execution of acknowledgment of paternity. (1) An acknowledgment of paternity must:
(a) Be in a record;
(b) Be signed under penalty of perjury by the mother and
by the man seeking to establish his paternity;
(c) State that the child whose paternity is being acknowledged:
(i) Does not have a presumed father, or has a presumed
father whose full name is stated; and
(ii) Does not have another acknowledged or adjudicated
father;
(d) State whether there has been genetic testing and, if
so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(e) State that the signatories understand that the
acknowledgment is the equivalent of a judicial adjudication
of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is
barred after two years.
(2) An acknowledgment of paternity is void if it:
(a) States that another man is a presumed father, unless a
denial of paternity signed by the presumed father is filed with
the state registrar of vital statistics;
(b) States that another man is an acknowledged or adjudicated father; or
(c) Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
(3) A presumed father may sign an acknowledgment of
paternity. [2002 c 302 § 302.]
26.26.310
26.26.260
26.26.260 Surrogate parenting—Custody of child. If
a child is born to a surrogate mother pursuant to a surrogate
parentage contract, and there is a dispute between the parties
concerning custody of the child, the party having physical
custody of the child may retain physical custody of the child
until the superior court orders otherwise. The superior court
shall award legal custody of the child based upon the factors
listed in RCW 26.09.187(3) and 26.09.191. [1989 c 404 § 6.]
26.26.270
26.26.270 Parenting plan—Designation of parent for
other state and federal purposes. Solely for the purposes of
all other state and federal statutes which require a designation
or determination of custody, a parenting plan shall designate
the parent with whom the child is scheduled to reside a
majority of the time as the custodian of the child. However,
this designation shall not affect either parent's rights and
responsibilities under the parenting plan. In the absence of
such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be
the custodian of the child for the purposes of such federal and
state statutes. [1989 c 375 § 25.]
[Title 26 RCW—page 102]
26.26.310 Denial of paternity. A presumed father of a
child may sign a denial of his paternity. The denial is valid
only if:
(1) An acknowledgment of paternity signed by another
man is filed under RCW 26.26.320;
(2) The denial is in a record, and signed under penalty of
perjury; and
(3) The presumed father has not previously:
(a) Acknowledged his paternity, unless the previous
acknowledgment has been rescinded under RCW 26.26.330
or successfully challenged under RCW 26.26.335; or
(b) Been adjudicated to be the father of the child. [2002
c 302 § 303.]
26.26.315
26.26.315 Rules for acknowledgment and denial of
paternity. (1) An acknowledgment of paternity and a denial
of paternity may be contained in a single document or may be
signed in counterparts, and may be filed separately or simultaneously.
(2) An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.
(2004 Ed.)
Uniform Parentage Act
(3) An acknowledgment and denial of paternity, if any,
take effect on the birth of the child or the filing of the document with the state registrar of vital statistics, whichever
occurs later.
(4) An acknowledgment or denial of paternity signed by
a minor is valid if otherwise in compliance with this chapter.
[2002 c 302 § 304.]
26.26.320
26.26.320 Effect of acknowledgment or denial of
paternity. (1) Except as otherwise provided in RCW
26.26.330 and 26.26.335, a valid acknowledgment of paternity filed with the state registrar of vital statistics is equivalent to an adjudication of paternity of a child and confers
upon the acknowledged father all the rights and duties of a
parent.
(2) Except as otherwise provided in RCW 26.26.330 and
26.26.335, a valid denial of paternity filed with the state registrar of vital statistics in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the
nonpaternity of the presumed father and discharges the presumed father from all of the rights and duties of a parent.
[2002 c 302 § 305.]
26.26.365
edgment or denial, effective upon the filing of the document
with the state registrar of vital statistics.
(3) Except for good cause shown, during the pendency of
a proceeding to rescind or challenge an acknowledgment or
denial of paternity, the court may not suspend the legal
responsibilities of a signatory arising from an acknowledgment, including the duty to pay child support.
(4) A proceeding to rescind or to challenge an acknowledgment or denial of paternity must be conducted in the same
manner as a proceeding to adjudicate parentage under RCW
26.26.500 through 26.26.630.
(5) At the conclusion of a proceeding to rescind or challenge an acknowledgment or denial of paternity, the court
shall order the state registrar of vital statistics to amend the
birth record of the child, if appropriate. [2002 c 302 § 309.]
26.26.345
26.26.345 Ratification barred of unchallenged
acknowledgment of paternity. A court or administrative
agency conducting a judicial or administrative proceeding is
not required or permitted to ratify an unchallenged acknowledgment of paternity. [2002 c 302 § 310.]
26.26.350
26.26.325
26.26.325 Filing fee for acknowledgment or denial of
paternity. The state registrar of vital statistics may charge a
fee for filing an acknowledgment or denial of paternity.
[2002 c 302 § 306.]
26.26.330
26.26.330 Proceeding for rescission of acknowledgment or denial of paternity. A signatory may rescind an
acknowledgment or denial of paternity by commencing a
court proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the acknowledgment or denial, as provided in RCW 26.26.315; or
(2) The date of the first hearing in a proceeding to which
the signatory is a party before a court to adjudicate an issue
relating to the child, including a proceeding that establishes
support. [2004 c 111 § 1; 2002 c 302 § 307.]
26.26.335
26.26.335 Challenge after expiration of time for
rescission of acknowledgment or denial of paternity. (1)
After the period for rescission under RCW 26.26.330 has
elapsed, a signatory of an acknowledgment or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only:
(a) On the basis of fraud, duress, or material mistake of
fact; and
(b) Within two years after the acknowledgment or denial
is filed with the state registrar of vital statistics.
(2) A party challenging an acknowledgment or denial of
paternity has the burden of proof. [2002 c 302 § 308.]
26.26.340
26.26.340 Procedure for rescission or challenge of
acknowledgment or denial of paternity. (1) Every signatory to an acknowledgment or denial of paternity must be
made a party to a proceeding to rescind or challenge the
acknowledgment or denial.
(2) For the purpose of rescission of, or challenge to, an
acknowledgment or denial of paternity, a signatory submits
to personal jurisdiction of this state by signing the acknowl(2004 Ed.)
26.26.350 Full faith and credit. A court of this state
shall give full faith and credit to an acknowledgment or
denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in compliance with the law of the other state. [2002 c 302 § 311.]
26.26.355
26.26.355 Forms for acknowledgment and denial of
paternity. (1) To facilitate compliance with RCW 26.26.300
through 26.26.350, the state registrar of vital statistics shall
prescribe forms for the acknowledgment and the denial of
paternity. The acknowledgment of paternity shall state, in
prominent lettering, that signing the acknowledgment of
paternity is equivalent to an adjudication of paternity and
confers upon the acknowledged father all the rights and
duties of a parent, such as the payment of child support, if the
acknowledgment is not challenged or rescinded as prescribed
under RCW 26.26.310 through 26.26.340. The form shall
include copies of the provisions in RCW 26.26.310 through
26.26.340.
(2) A valid acknowledgment or denial of paternity is not
affected by a later modification of the prescribed form. [2002
c 302 § 312.]
26.26.360
26.26.360 Release of information. The state registrar
of vital statistics may release information relating to the
acknowledgment or denial of paternity, not expressly sealed
under a court order, to: (1) A signatory of the acknowledgment or denial or their attorneys of record; (2) the courts of
this or any other state; (3) the agencies of this or any other
state operating a child support program under Title IV-D of
the social security act; or (4) the agencies of this or any other
state involved in a dependency determination for a child
named in the acknowledgment or denial of paternity. [2002 c
302 § 313.]
26.26.365
26.26.365 Adoption of rules. The state registrar of vital
statistics may adopt rules to implement RCW 26.26.300
through 26.26.375. [2002 c 302 § 314.]
[Title 26 RCW—page 103]
26.26.370
Title 26 RCW: Domestic Relations
26.26.370
26.26.370 Acknowledgment of paternity—Application of RCW 26.26.300 through 26.26.375—Adjudication.
(1) RCW 26.26.300 through 26.26.375 apply to all acknowledgments of paternity executed on or after July 1, 1997.
(2) A man who executed an acknowledgment of paternity before July 1, 1997, is rebuttably identified as the father
of the child named therein. Any dispute of the parentage, custody, visitation, or support of the child named therein shall be
determined in a proceeding to adjudicate the child's parentage
commenced under RCW 26.26.500 through 26.26.630.
[2002 c 302 § 315.]
26.26.375
26.26.375 Judicial proceedings. (1) After the period
for rescission of an acknowledgment of paternity provided in
RCW 26.26.330 has passed, a parent executing an acknowledgment of paternity of the child named therein may commence a judicial proceeding for:
(a) Making residential provisions or a parenting plan
with regard to the minor child on the same basis as provided
in chapter 26.09 RCW; or
(b) Establishing a child support obligation under chapter
26.19 RCW and maintaining health insurance coverage under
RCW 26.09.105.
(2) Pursuant to RCW 26.09.010(3), a proceeding authorized by this section shall be entitled "In re the parenting and
support of...."
(3) Before the period for a challenge to the acknowledgment or denial of paternity has elapsed under RCW
26.26.335, the petitioner must specifically allege under penalty of perjury, to the best of the petitioner's knowledge, that:
(a) No man other than the man who executed the acknowledgment of paternity is the father of the child; (b) there is not
currently pending a proceeding to adjudicate the parentage of
the child or that another man is adjudicated the child's father;
and (c) the petitioner has provided notice of the proceeding to
any other men who have claimed parentage of the child.
Should the respondent or any other person appearing in the
action deny the allegations, a permanent parenting plan or
residential schedule may not be entered for the child without
the matter being converted to a proceeding to challenge the
acknowledgment of paternity under RCW 26.26.335 and
26.26.340. A copy of the acknowledgment of paternity must
be filed with the petition or response. The court may convert
the matter to a proceeding to challenge the acknowledgment
on its own motion. [2002 c 302 § 316.]
26.26.400
26.26.400 Genetic testing—Application of RCW
26.26.405 through 26.26.450. RCW 26.26.405 through
26.26.450 govern genetic testing of an individual only to
determine parentage, whether the individual:
(1) Voluntarily submits to testing; or
(2) Is tested pursuant to an order of the court or a support
enforcement agency. [2002 c 302 § 401.]
26.26.405
26.26.405 Order for genetic testing. (1) Except as otherwise provided in this section and RCW 26.26.410 through
26.26.630, the court shall order the child and other designated
individuals to submit to genetic testing if the request for testing is supported by the sworn statement of a party to the proceeding:
[Title 26 RCW—page 104]
(a) Alleging paternity and stating facts establishing a reasonable probability of the requisite sexual contact between
the individuals; or
(b) Denying paternity and stating facts establishing a
possibility that sexual contact between the individuals, if any,
did not result in the conception of the child.
(2) A support enforcement agency may order genetic
testing only if there is no presumed, acknowledged, or adjudicated father.
(3) If a request for genetic testing of a child is made
before birth, the court or support enforcement agency may
not order in utero testing.
(4) If two or more men are subject to court-ordered
genetic testing, the testing may be ordered concurrently or
sequentially. [2002 c 302 § 402.]
26.26.410
26.26.410 Requirements for genetic testing. (1)
Genetic testing must be of a type reasonably relied upon by
experts in the field of genetic testing and performed in a testing laboratory accredited by:
(a) The American association of blood banks, or a successor to its functions;
(b) The American society for histocompatibility and
immunogenetics, or a successor to its functions; or
(c) An accrediting body designated by the United States
secretary of health and human services.
(2) A specimen used in genetic testing may consist of
one or more samples or a combination of samples of blood,
buccal cells, bone, hair, or other body tissue or fluid. The
specimen used in the testing need not be of the same kind for
each individual undergoing genetic testing.
(3) Based on the ethnic or racial group of an individual,
the testing laboratory shall determine the data bases from
which to select frequencies for use in the calculations. If there
is disagreement as to the testing laboratory's choice, the following rules apply:
(a) The individual objecting may require the testing laboratory, within thirty days after receipt of the report of the
test, to recalculate the probability of paternity using an ethnic
or racial group different from that used by the laboratory.
(b) The individual objecting to the testing laboratory's
initial choice shall:
(i) If the frequencies are not available to the testing laboratory for the ethnic or racial group requested, provide the
requested frequencies compiled in a manner recognized by
accrediting bodies; or
(ii) Engage another testing laboratory to perform the calculations.
(c) The testing laboratory may use its own statistical estimate if there is a question regarding which ethnic or racial
group is appropriate. If available, the testing laboratory shall
calculate the frequencies using statistics for any other ethnic
or racial group requested.
(4) If, after recalculation using a different ethnic or racial
group, genetic testing does not rebuttably identify a man as
the father of a child under RCW 26.26.420, an individual
who has been tested may be required to submit to additional
genetic testing. [2002 c 302 § 403.]
(2004 Ed.)
Uniform Parentage Act
26.26.415 Report of genetic testing. (1) The report of
genetic testing must be in a record and signed under penalty
of perjury by a designee of the testing laboratory. A report
made under the requirements of this section is self-authenticating.
(2) Documentation from the testing laboratory of the following information is sufficient to establish a reliable chain
of custody that allows the results of genetic testing to be
admissible without testimony:
(a) The names and photographs of the individuals whose
specimens have been taken;
(b) The names of the individuals who collected the specimens;
(c) The places and dates the specimens were collected;
(d) The names of the individuals who received the specimens in the testing laboratory; and
(e) The dates the specimens were received. [2002 c 302
§ 404.]
26.26.415
26.26.420 Genetic testing results— Rebuttal. (1)
Under this chapter, a man is rebuttably identified as the father
of a child if the genetic testing complies with this section and
RCW 26.26.400 through 26.26.415 and 26.26.425 through
26.26.450 and the results disclose that:
(a) The man has at least a ninety-nine percent probability
of paternity, using a prior probability of 0.50, as calculated by
using the combined paternity index obtained in the testing;
and
(b) A combined paternity index of at least one hundred to
one.
(2) A man identified under subsection (1) of this section
as the father of the child may rebut the genetic testing results
only by other genetic testing satisfying the requirements of
this section and RCW 26.26.400 through 26.26.415 and
26.26.425 through 26.26.450 which:
(a) Excludes the man as a genetic father of the child; or
(b) Identifies another man as the father of the child.
(3) Except as otherwise provided in RCW 26.26.445, if
more than one man is identified by genetic testing as the possible father of the child, the court shall order them to submit
to further genetic testing to identify the genetic father. [2002
c 302 § 405.]
26.26.420
26.26.505
man as the father of the child under RCW 26.26.420, the
court or agency may not order additional testing unless the
party provides advance payment for the testing. [2002 c 302
§ 407.]
26.26.435
26.26.435 Genetic testing when specimen not available. (1) If a genetic testing specimen is not available from a
man who may be the father of a child, for good cause and
under circumstances the court considers to be just, a court
may order the following individuals to submit specimens for
genetic testing:
(a) The parents of the man;
(b) Brothers and sisters of the man;
(c) Other children of the man and their mothers; and
(d) Other relatives of the man necessary to complete
genetic testing.
(2) If a specimen from the mother of a child is not available for genetic testing, the court may order genetic testing to
proceed without a specimen from the mother.
(3) Issuance of an order under this section requires a
finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested. [2002 c
302 § 408.]
26.26.440
26.26.440 Genetic testing—Deceased individual. For
good cause shown, the court may order genetic testing of a
deceased individual. [2002 c 302 § 409.]
26.26.445
26.26.445 Genetic testing—Identical brothers. (1)
The court may order genetic testing of a brother of a man
identified as the father of a child if the man is commonly
believed to have an identical brother and evidence suggests
that the brother may be the genetic father of the child.
(2) If genetic testing excludes none of the brothers as the
genetic father, and each brother satisfies the requirements as
the identified father of the child under RCW 26.26.420 without consideration of another identical brother being identified
as the father of the child, the court may rely on nongenetic
evidence to adjudicate which brother is the father of the child.
[2002 c 302 § 410.]
26.26.450
26.26.425 Costs of genetic testing. (1) Subject to
assessment of costs under RCW 26.26.500 through
26.26.630, the cost of initial genetic testing must be
advanced:
(a) By a support enforcement agency in a proceeding in
which the support enforcement agency is providing services;
(b) By the individual who made the request;
(c) As agreed by the parties; or
(d) As ordered by the court.
(2) In cases in which the cost is advanced by the support
enforcement agency, the agency may seek reimbursement
from a man who is rebuttably identified as the father. [2002
c 302 § 406.]
26.26.425
26.26.430 Additional genetic testing. The court or the
support enforcement agency shall order additional genetic
testing upon the request of a party who contests the result of
the original testing. If the previous genetic testing identified a
26.26.430
(2004 Ed.)
26.26.450 Confidentiality of genetic testing—Penalty. (1) Release of the report of genetic testing for parentage
is controlled by chapter 70.02 RCW.
(2) An individual commits a gross misdemeanor punishable under RCW 9.92.020 if the individual intentionally
releases an identifiable specimen of another individual for
any purpose other than that relevant to the proceeding regarding parentage without a court order or the written permission
of the individual who furnished the specimen. [2002 c 302 §
411.]
26.26.500
26.26.500 Proceeding to adjudicate parentage authorized. A civil proceeding may be maintained to adjudicate
the parentage of a child. The proceeding is governed by the
rules of civil procedure. [2002 c 302 § 501.]
26.26.505
26.26.505 Standing to maintain proceeding to adjudicate parentage. Subject to RCW 26.26.300 through
[Title 26 RCW—page 105]
26.26.510
Title 26 RCW: Domestic Relations
26.26.375, 26.26.530, and 26.26.540, a proceeding to adjudicate parentage may be maintained by:
(1) The child;
(2) The mother of the child;
(3) A man whose paternity of the child is to be adjudicated;
(4) The division of child support;
(5) An authorized adoption agency or licensed childplacing agency;
(6) A representative authorized by law to act for an individual who would otherwise be entitled to maintain a proceeding but who is deceased, incapacitated, or a minor; or
(7) An intended parent under a surrogate parentage contract, as provided in RCW 26.26.210 through 26.26.260.
[2002 c 302 § 502.]
26.26.530
26.26.530 Proceeding to adjudicate parentage—
Time limitation: Child having presumed father. (1)
Except as otherwise provided in subsection (2) of this section, a proceeding brought by a presumed father, the mother,
or another individual to adjudicate the parentage of a child
having a presumed father must be commenced not later than
two years after the birth of the child.
(2) A proceeding seeking to disprove the father-child
relationship between a child and the child's presumed father
may be maintained at any time if the court determines that:
(a) The presumed father and the mother of the child neither cohabited nor engaged in sexual intercourse with each
other during the probable time of conception; and
(b) The presumed father never openly treated the child as
his own. [2002 c 302 § 507.]
26.26.535
26.26.510
26.26.510 Parties to proceeding to adjudicate parentage. The following individuals must be joined as parties in a
proceeding to adjudicate parentage:
(1) The mother of the child;
(2) A man whose paternity of the child is to be adjudicated; and
(3) An intended parent under a surrogate parentage contract, as provided in RCW 26.26.210 through 26.26.260.
[2002 c 302 § 503.]
26.26.515
26.26.515 Proceeding to adjudicate parentage—Personal jurisdiction. (1) An individual may not be adjudicated
to be a parent unless the court has personal jurisdiction over
the individual.
(2) A court of this state having jurisdiction to adjudicate
parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in RCW 26.21.075 are fulfilled.
(3) Lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage
binding on another individual over whom the court has personal jurisdiction. [2002 c 302 § 504.]
26.26.520
26.26.520 Proceeding to adjudicate parentage—
Venue. Venue for a proceeding to adjudicate parentage is in
the county of this state in which:
(1) The child resides or is found;
(2) The respondent resides or is found if the child does
not reside in this state; or
(3) A proceeding for probate of the presumed or alleged
father's estate has been commenced. [2002 c 302 § 505.]
26.26.525
26.26.525 Proceeding to adjudicate parentage—No
time limitation: Child having no presumed, acknowledged, or adjudicated father. A proceeding to adjudicate
the parentage of a child having no presumed, acknowledged,
or adjudicated father may be commenced at any time during
the life of the child, even after:
(1) The child becomes an adult; or
(2) An earlier proceeding to adjudicate paternity has
been dismissed based on the application of a statute of limitation then in effect. [2002 c 302 § 506.]
[Title 26 RCW—page 106]
26.26.535 Proceeding to adjudicate parentage—
Authority to deny genetic testing. (1) In a proceeding to
adjudicate parentage under circumstances described in RCW
26.26.530, a court may deny genetic testing of the mother, the
child, and the presumed father if the court determines that:
(a) The conduct of the mother or the presumed father
estops that party from denying parentage; and
(b) It would be inequitable to disprove the father-child
relationship between the child and the presumed father.
(2) In determining whether to deny genetic testing under
this section, the court shall consider the best interest of the
child, including the following factors:
(a) The length of time between the proceeding to adjudicate parentage and the time that the presumed father was
placed on notice that he might not be the genetic father;
(b) The length of time during which the presumed father
has assumed the role of father of the child;
(c) The facts surrounding the presumed father's discovery of his possible nonpaternity;
(d) The nature of the father-child relationship;
(e) The age of the child;
(f) The harm to the child which may result if presumed
paternity is successfully disproved;
(g) The relationship of the child to any alleged father;
(h) The extent to which the passage of time reduces the
chances of establishing the paternity of another man and a
child support obligation in favor of the child; and
(i) Other factors that may affect the equities arising from
the disruption of the father-child relationship between the
child and the presumed father or the chance of other harm to
the child.
(3) In a proceeding involving the application of this section, the child must be represented by a guardian ad litem.
(4) A denial of genetic testing must be based on clear and
convincing evidence.
(5) If the court denies genetic testing, it shall issue an
order adjudicating the presumed father to be the father of the
child. [2002 c 302 § 508.]
26.26.540
26.26.540 Proceeding to adjudicate parentage—
Time limitation: Child having acknowledged or adjudicated father. (1) If a child has an acknowledged father, a
signatory to the acknowledgment or denial of paternity must
commence any proceeding seeking to rescind or challenge
(2004 Ed.)
Uniform Parentage Act
the paternity of that child only within the time allowed under
RCW 26.26.330 or 26.26.335.
(2) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is neither a signatory to the acknowledgment nor a party to the
adjudication and who seeks an adjudication of paternity of
the child must commence a proceeding not later than two
years after the effective date of the acknowledgment or adjudication. [2002 c 302 § 509.]
26.26.545
26.26.545 Joinder of proceedings. (1) Except as provided in subsection (2) of this section, a proceeding to adjudicate parentage may be joined with a proceeding for: Adoption or termination of parental rights under chapter 26.33
RCW; determination of a parenting plan, child support,
annulment, dissolution of marriage, or legal separation under
chapter 26.09 or 26.19 RCW; or probate or administration of
an estate under chapter 11.48 or 11.54 RCW, or other appropriate proceeding.
(2) A respondent may not join the proceedings described
in subsection (1) of this section with a proceeding to adjudicate parentage brought under chapter 26.21 RCW. [2002 c
302 § 510.]
26.26.550
26.26.550 Proceeding to determine parentage—
Before birth. Although a proceeding to determine parentage
may be commenced before the birth of the child, the proceeding may not be concluded until after the birth of the child.
The following actions may be taken before the birth of the
child:
(1) Service of process;
(2) Discovery;
(3) Except as prohibited by RCW 26.26.405, collection
of specimens for genetic testing; and
(4) Temporary orders authorized under RCW 26.26.590.
[2002 c 302 § 511.]
26.26.555
26.26.555 Child as party— Representation. (1) A
minor child is a permissible party, but is not a necessary party
to a proceeding under RCW 26.26.500 through 26.26.630.
(2) If the child is a party, or if the court finds that the
interests of a minor child or incapacitated child are not adequately represented, the court shall appoint a guardian ad
litem to represent the child, subject to RCW 74.20.310 neither the child's mother or father may represent the child as
guardian or otherwise. [2002 c 302 § 512.]
26.26.570
26.26.570 Proceeding to adjudicate parentage—
Admissibility of results of genetic testing—Expenses. (1)
Except as otherwise provided in subsection (3) of this section, a record of a genetic testing expert is admissible as evidence of the truth of the facts asserted in the report unless a
party objects to its admission within fourteen days after its
receipt by the objecting party and cites specific grounds for
exclusion. The admissibility of the report is not affected by
whether the testing was performed:
(a) Voluntarily or under an order of the court or a support
enforcement agency; or
(b) Before or after the commencement of the proceeding.
(2004 Ed.)
26.26.590
(2) A party objecting to the results of genetic testing may
call one or more genetic testing experts to testify in person or
by telephone, videoconference, deposition, or another
method approved by the court. Unless otherwise ordered by
the court, the party offering the testimony bears the expense
for the expert testifying.
(3) If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to
adjudicate parentage unless performed:
(a) With the consent of both the mother and the presumed, acknowledged, or adjudicated father; or
(b) Under an order of the court under RCW 26.26.405.
(4) Copies of bills for genetic testing and for prenatal and
postnatal health care for the mother and child that are furnished to the adverse party not less than ten days before the
date of a hearing are admissible to establish:
(a) The amount of the charges billed; and
(b) That the charges were reasonable, necessary, and
customary. [2002 c 302 § 521.]
26.26.575
26.26.575 Proceeding to adjudicate parentage—Consequences of declining genetic testing. (1) An order for
genetic testing is enforceable by contempt.
(2) If an individual whose paternity is being determined
declines to submit to genetic testing as ordered by the court,
the court may on that basis adjudicate parentage contrary to
the position of that individual.
(3) Genetic testing of the mother of a child is not a condition precedent to testing the child and a man whose paternity is being determined. If the mother is unavailable or
declines to submit to genetic testing, the court may order the
testing of the child and every man whose paternity is being
adjudicated. [2002 c 302 § 522.]
26.26.585
26.26.585 Proceeding to adjudicate parentage—
Admission of paternity authorized. (1) A respondent in a
proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an
appearance or during a hearing.
(2) If the court finds that the admission of paternity was
made under this section and finds that there is no reason to
question the admission, the court shall issue an order adjudicating the child to be the child of the man admitting paternity.
[2002 c 302 § 523.]
26.26.590
26.26.590 Proceeding to adjudicate parentage—
Temporary order. This section applies to any proceeding
under RCW 26.26.500 through 26.26.630.
(1) The court shall issue a temporary order for support of
a child if the individual ordered to pay support:
(a) Is a presumed father of the child;
(b) Is petitioning to have his paternity adjudicated or has
admitted paternity in pleadings filed with the court;
(c) Is identified as the father through genetic testing
under RCW 26.26.420;
(d) Has declined to submit to genetic testing but is shown
by clear and convincing evidence to be the father of the child;
or
(e) Is the mother of the child.
[Title 26 RCW—page 107]
26.26.600
Title 26 RCW: Domestic Relations
(2) A temporary order may, on the same basis as provided in chapter 26.09 RCW, make residential provisions
with regard to minor children of the parties, except that a
parenting plan is not required unless requested by a parent.
(3) Any party may request the court to issue a temporary
restraining order or preliminary injunction, providing relief
proper in the circumstances, and restraining or enjoining any
party from:
(a) Molesting or disturbing the peace of another party;
(b) Going onto the grounds of or entering the home,
workplace, or school of another party or the day care or
school of any child;
(c) Knowingly coming within, or knowingly remaining
within, a specified distance from a specified location; and
(d) Removing a child from the jurisdiction of the court.
(4) Either party may request a domestic violence protection order under chapter 26.50 RCW or an antiharassment
protection order under chapter 10.14 RCW on a temporary
basis. The court may grant any of the relief provided in RCW
26.50.060 except relief pertaining to residential provisions
for the children which provisions shall be provided for under
this chapter, and any of the relief provided in RCW
10.14.080. Ex parte orders issued under this subsection shall
be effective for a fixed period not to exceed fourteen days, or
upon court order, not to exceed twenty-four days if necessary
to ensure that all temporary motions in the case can be heard
at the same time.
(5) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing
another party, or from going onto the grounds of or entering
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within, a
specified distance of a location, shall prominently bear on the
front page of the order the legend: VIOLATION OF THIS
ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A
CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW
AND WILL SUBJECT A VIOLATOR TO ARREST.
(6) The court shall order that any temporary restraining
order bearing a criminal offense legend, any domestic violence protection order, or any antiharassment protection
order granted under this section be forwarded by the clerk of
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order. Upon receipt
of the order, the law enforcement agency shall enter the order
into any computer-based criminal intelligence information
system available in this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any county in the state.
(7) If a restraining order issued pursuant to this section is
modified or terminated, the clerk of the court shall notify the
law enforcement agency specified in the order on or before
the next judicial day. Upon receipt of notice that an order has
been terminated, the law enforcement agency shall remove
the order from any computer-based criminal intelligence system.
(8) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds on
the basis of the moving affidavit or other evidence that irreparable injury could result if an order is not issued until the
time for responding has elapsed.
[Title 26 RCW—page 108]
(9) The court may issue a temporary restraining order or
preliminary injunction and an order for temporary support in
such amounts and on such terms as are just and proper in the
circumstances. In issuing the order, the court shall consider
the provisions of RCW 9.41.800.
(10) A temporary order, temporary restraining order, or
preliminary injunction:
(a) Does not prejudice the rights of a party or any child
which are to be adjudicated at subsequent hearings in the proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when
the petition is dismissed; and
(d) May be entered in a proceeding for the modification
of an existing order.
(11) A support debt owed to the state for public assistance expenditures which has been charged against a party
pursuant to RCW 74.20A.040 and/or 74.20A.055 shall not be
merged in, or otherwise extinguished by, the final decree or
order, unless the office of support enforcement has been
given notice of the final proceeding and an opportunity to
present its claim for the support debt to the court and has
failed to file an affidavit as provided in this subsection.
Notice of the proceeding shall be served upon the office of
support enforcement personally, or by certified mail, and
shall be given no fewer than thirty days prior to the date of the
final proceeding. An original copy of the notice shall be filed
with the court either before service or within a reasonable
time thereafter. The office of support enforcement may
present its claim, and thereby preserve the support debt, by
filing an affidavit setting forth the amount of the debt with the
court, and by mailing a copy of the affidavit to the parties or
their attorney prior to the date of the final proceeding. [2002
c 302 § 524.]
26.26.600
26.26.600 Rules for adjudication of paternity. The
court shall apply the following rules to adjudicate the paternity of a child:
(1) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by admissible results of genetic testing excluding that man as the
father of the child or identifying another man to be the father
of the child.
(2) Unless the results of genetic testing are admitted to
rebut other results of genetic testing, the man identified as the
father of the child under RCW 26.26.420 must be adjudicated
the father of the child.
(3) If the court finds that genetic testing under RCW
26.26.420 neither identifies nor excludes a man as the father
of a child, the court may not dismiss the proceeding. In that
event, the results of genetic testing, along with other evidence, are admissible to adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to
rebut other results of genetic testing, a man excluded as the
father of a child by genetic testing must be adjudicated not to
be the father of the child. [2002 c 302 § 531.]
26.26.605
26.26.605 Proceeding to adjudicate parentage—Jury
prohibited. The court, without a jury, shall adjudicate parentage of a child. [2002 c 302 § 532.]
(2004 Ed.)
Uniform Parentage Act
26.26.610
26.26.610 Proceeding to adjudicate parentage—
Hearings—Inspection of records. (1) On request of a party
and for good cause shown, the court may close a proceeding
under this section and RCW 26.26.500 through 26.26.605
and 26.26.615 through 26.26.630.
(2) A final order in a proceeding under this section and
RCW 26.26.500 through 26.26.605 and 26.26.615 through
26.26.630 is available for public inspection. Other papers and
records are available only with the consent of the parties or
on order of the court for good cause. [2002 c 302 § 533.]
26.26.615
26.26.615 Adjudication of paternity—Order on
default. The court shall issue an order adjudicating the paternity of a man who:
(1) After service of process, is in default; and
(2) Is found by the court to be the father of a child. [2002
c 302 § 534.]
26.26.620
26.26.620 Dismissal for want of prosecution. The
court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only without prejudice. An order of dismissal for want of prosecution
with prejudice is void and may be challenged in another judicial or an administrative proceeding. [2002 c 302 § 535.]
26.26.625
26.26.625 Order adjudicating parentage. (1) The
court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child.
(2) An order adjudicating parentage must identify the
child by name and age.
(3) Except as otherwise provided in subsection (4) of this
section, the court may assess filing fees, reasonable attorneys'
fees, fees for genetic testing, other costs, and necessary travel
and other reasonable expenses incurred in a proceeding under
this section and RCW 26.26.500 through 26.26.620 and
26.26.630. The court may award attorneys' fees, which may
be paid directly to the attorney, who may enforce the order in
the attorney's own name.
(4) The court may not assess fees, costs, or expenses
against the support enforcement agency of this state or
another state, except as provided by other law.
(5) On request of a party and for good cause shown, the
court may order that the name of the child be changed.
(6) If the order of the court is at variance with the child's
birth certificate, the court shall order the state registrar of
vital statistics to issue an amended birth certificate. [2002 c
302 § 536.]
26.26.630
26.26.630 Binding effect of determination of parentage. (1) Except as otherwise provided in subsection (2) of
this section, a determination of parentage is binding on:
(a) All signatories to an acknowledgment or denial of
paternity as provided in RCW 26.26.300 through 26.26.375;
and
(b) All parties to an adjudication by a court acting under
circumstances that satisfy the jurisdictional requirements of
RCW 26.21.075.
(2) A child is not bound by a determination of parentage
under this chapter unless:
(2004 Ed.)
26.26.720
(a) The acknowledgment of paternity is consistent with
the results of the genetic testing;
(b) The adjudication of parentage was based on a finding
consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown;
or
(c) The child was represented in the proceeding determining parentage by a guardian ad litem.
(3) In a proceeding to dissolve a marriage, the court is
deemed to have made an adjudication of the parentage of a
child if the court acts under circumstances that satisfy the
jurisdictional requirements of RCW 26.21.075, and the final
order:
(a) Expressly identifies a child as a "child of the marriage," "issue of the marriage," or similar words indicating
that the husband is the father of the child; or
(b) Provides for support of the child by the husband
unless paternity is specifically disclaimed in the order.
(4) Except as otherwise provided in subsection (2) of this
section, a determination of parentage may be a defense in a
subsequent proceeding seeking to adjudicate parentage by an
individual who was not a party to the earlier proceeding.
(5) A party to an adjudication of paternity may challenge
the adjudication only under law of this state relating to
appeal, vacation of judgments, and other judicial review.
[2002 c 302 § 537.]
26.26.700
26.26.700 Application of RCW 26.26.705 through
26.26.740. RCW 26.26.705 through 26.26.740 do not apply
to the birth of a child conceived by means of sexual intercourse. [2002 c 302 § 601.]
26.26.705
26.26.705 Child of assisted reproduction—Parental
status of donor. A donor is not a parent of a child conceived
by means of assisted reproduction. [2002 c 302 § 602.]
26.26.710
26.26.710 Husband's paternity of child of assisted
reproduction. If a husband provides sperm for, or consents
to, assisted reproduction by his wife as provided in RCW
26.26.715, he is the father of a resulting child born to his
wife. [2002 c 302 § 603.]
26.26.715
26.26.715 Consent to assisted reproduction. (1) A
consent to assisted reproduction by a married woman must be
in a record signed by the woman and her husband. This
requirement does not apply to the donation of eggs for
assisted reproduction by another woman.
(2) Failure of the husband to sign a consent required by
subsection (1) of this section, before or after birth of the
child, does not preclude a finding that the husband is the
father of a child born to his wife if the wife and husband
openly treated the child as their own. [2002 c 302 § 604.]
26.26.720
26.26.720 Child of assisted reproduction—Limitation on husband's dispute of paternity. (1) Except as otherwise provided in subsection (2) of this section, the husband
of a wife who gives birth to a child by means of assisted
reproduction may not challenge his paternity of the child
unless:
[Title 26 RCW—page 109]
26.26.725
Title 26 RCW: Domestic Relations
(a) Within two years after learning of the birth of the
child he commences a proceeding to adjudicate his paternity;
and
(b) The court finds that he did not consent to the assisted
reproduction, before or after birth of the child.
(2) A proceeding to adjudicate paternity may be maintained at any time if the court determines that:
(a) The husband did not provide sperm for, or before or
after the birth of the child consent to, assisted reproduction by
his wife;
(b) The husband and the mother of the child have not
cohabited since the probable time of assisted reproduction;
and
(c) The husband never openly treated the child as his
own.
(3) The limitation provided in this section applies to a
marriage declared invalid after assisted reproduction. [2002
c 302 § 605.]
26.26.725
26.26.725 Child of assisted reproduction—Effect of
dissolution of marriage. (1) If a marriage is dissolved
before placement of eggs, sperm, or an embryo, the former
spouse is not a parent of the resulting child unless the former
spouse consented in a record that if assisted reproduction
were to occur after a divorce, the former spouse would be a
parent of the child.
(2) The consent of the former spouse to assisted reproduction may be revoked by that individual in a record at any
time before placement of eggs, sperm, or embryos. [2002 c
302 § 606.]
tify the subsequent medical procedures undertaken, and identify the intended parents. The agreement, including the affidavit and certification referenced in *RCW 26.26.030, must
be filed with the registrar of vital statistics, where it must be
kept confidential and in a sealed file. [2002 c 302 § 608.]
*Reviser's note: RCW 26.26.030 was repealed by 2002 c 302 § 711.
26.26.740 Child of assisted reproduction—Issuance
of birth certificate. The department of health shall, upon
request, issue a birth certificate for any child born as a result
of an alternative reproductive medical technology procedure
indicating the legal parentage of such child as intended by
any agreement filed with the registrar of vital statistics pursuant to RCW 26.26.735. [2002 c 302 § 609.]
26.26.740
26.26.903 Uniformity of application and construction—2002 c 302. In applying and construing this uniform
act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among
states that enact it. [2002 c 302 § 709.]
26.26.903
26.26.904 Transitional provision. A proceeding to
adjudicate parentage which was commenced before June 13,
2002, is governed by the law in effect at the time the proceeding was commenced. [2002 c 302 § 712.]
26.26.904
26.26.911 Short title—2002 c 302. This act may be
known and cited as the uniform parentage act. [2002 c 302 §
101.]
26.26.911
26.26.912 Severability—2002 c 302. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2002 c 302 § 710.]
26.26.912
26.26.730
26.26.730 Child of assisted reproduction—Parental
status of deceased spouse. If a spouse dies before placement
of eggs, sperm, or an embryo, the deceased spouse is not a
parent of the resulting child unless the deceased spouse consented in a record that if assisted reproduction were to occur
after death, the deceased spouse would be a parent of the
child. [2002 c 302 § 607.]
26.26.735
26.26.735 Child of assisted reproduction—Effect of
agreement between ovum donor and woman who gives
birth. The donor of ovum provided to a licensed physician
for use in the alternative reproductive medical technology
process of attempting to achieve a pregnancy in a woman
other than the donor is treated in law as if she were not the
natural mother of a child thereafter conceived and born unless
the donor and the woman who gives birth to a child as a result
of the alternative reproductive medical technology procedures agree in writing that the donor is to be a parent. RCW
26.26.705 does not apply in such case. A woman who gives
birth to a child conceived through alternative reproductive
medical technology procedures under the supervision and
with the assistance of a licensed physician is treated in law as
if she were the natural mother of the child unless an agreement in writing signed by an ovum donor and the woman giving birth to the child states otherwise. An agreement pursuant
to this section must be in writing and signed by the ovum
donor and the woman who gives birth to the child and any
other intended parent of the child. The physician shall certify
the parties' signatures and the date of the ovum harvest, iden[Title 26 RCW—page 110]
26.26.913 Captions, article designations, and article
headings not law. Captions, article designations, and article
headings used in this chapter are not any part of the law.
[2002 c 302 § 713.]
26.26.913
Chapter 26.27 RCW
UNIFORM CHILD CUSTODY JURISDICTION ACT
Chapter 26.27
Sections
ARTICLE 1
GENERAL PROVISIONS
26.27.011
26.27.021
26.27.031
26.27.041
26.27.051
26.27.061
26.27.071
26.27.081
26.27.091
26.27.101
26.27.111
26.27.121
Short title.
Definitions.
Proceedings governed by other law.
Application to Indian tribes.
International application of chapter.
Effect of child custody determination.
Priority.
Notice to persons outside state.
Appearance and limited immunity.
Communication between courts.
Taking testimony in another state.
Cooperation between courts—Preservation of records.
ARTICLE 2
JURISDICTION
26.27.201
26.27.211
Initial child custody jurisdiction.
Exclusive, continuing jurisdiction.
(2004 Ed.)
Uniform Child Custody Jurisdiction Act
26.27.221
26.27.231
26.27.241
26.27.251
26.27.261
26.27.271
26.27.281
26.27.291
Jurisdiction to modify determination.
Temporary emergency jurisdiction.
Notice—Opportunity to be heard—Joinder.
Simultaneous proceedings.
Inconvenient forum.
Jurisdiction declined by reason of conduct.
Information to be submitted to court.
Appearance of parties and child.
ARTICLE 3
ENFORCEMENT
26.27.401
26.27.411
26.27.421
26.27.431
26.27.441
26.27.451
26.27.461
26.27.471
26.27.481
26.27.491
26.27.501
26.27.511
26.27.521
26.27.531
26.27.541
26.27.551
26.27.561
Definitions.
Enforcement under Hague Convention.
Duty to enforce.
Temporary visitation.
Registration of child custody determination.
Enforcement of registered determination.
Simultaneous proceedings.
Expedited enforcement of child custody determination.
Service of petition and order.
Hearing and order.
Authorization to take physical custody of child.
Costs, fees, and expenses.
Recognition and enforcement.
Appeals.
Role of prosecutor or attorney general.
Role of law enforcement.
Costs and expenses.
ARTICLE 4
MISCELLANEOUS PROVISIONS
26.27.901
26.27.911
26.27.921
26.27.931
Application—Construction.
Severability—2001 c 65.
Transitional provision.
Captions, article designations, and article headings not law.
ARTICLE 1
GENERAL PROVISIONS
26.27.011
26.27.011 Short title. This chapter may be cited as the
uniform child custody jurisdiction and enforcement act.
[2001 c 65 § 101.]
26.27.021
26.27.021 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Abandoned" means left without provision for reasonable and necessary care or supervision.
(2) "Child" means an individual who has not attained
eighteen years of age.
(3) "Child custody determination" means a judgment,
decree, parenting plan, or other order of a court providing for
the legal custody, physical custody, or visitation with respect
to a child. The term includes a permanent, temporary, initial,
and modification order. The term does not include an order
relating to child support or other monetary obligation of an
individual.
(4) "Child custody proceeding" means a proceeding in
which legal custody, physical custody, a parenting plan, or
visitation with respect to a child is an issue. The term includes
a proceeding for dissolution, divorce, separation, neglect,
abuse, dependency, guardianship, paternity, termination of
parental rights, and protection from domestic violence, in
which the issue may appear. The term does not include a proceeding involving juvenile delinquency, emancipation proceedings under chapter 13.64 RCW, proceedings under chapter 13.32A RCW, or enforcement under Article 3.
(5) "Commencement" means the filing of the first pleading in a proceeding.
(2004 Ed.)
26.27.041
(6) "Court" means an entity authorized under the law of
a state to establish, enforce, or modify a child custody determination.
(7) "Home state" means the state in which a child lived
with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a
child custody proceeding. In the case of a child less than six
months of age, the term means the state in which the child
lived from birth with a parent or person acting as a parent. A
period of temporary absence of a child, parent, or person acting as a parent is part of the period.
(8) "Initial determination" means the first child custody
determination concerning a particular child.
(9) "Issuing court" means the court that makes a child
custody determination for which enforcement is sought under
this chapter.
(10) "Issuing state" means the state in which a child custody determination is made.
(11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made
after a previous determination concerning the same child,
whether or not it is made by the court that made the previous
determination.
(12) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any
other legal or commercial entity.
(13) "Person acting as a parent" means a person, other
than a parent, who:
(a) Has physical custody of the child or has had physical
custody for a period of six consecutive months, including any
temporary absence, within one year immediately before the
commencement of a child custody proceeding; and
(b) Has been awarded legal custody by a court or claims
a right to legal custody under the law of this state.
(14) "Physical custody" means the physical care and
supervision of a child.
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(16) "Tribe" means an Indian tribe or band, or Alaskan
Native village, that is recognized by federal law or formally
acknowledged by a state.
(17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a
child. [2001 c 65 § 102.]
26.27.031
26.27.031 Proceedings governed by other law. This
chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care
for a child. [2001 c 65 § 103.]
26.27.041
26.27.041 Application to Indian tribes. (1) A child
custody proceeding that pertains to an Indian child as defined
in the federal Indian child welfare act, 25 U.S.C. Sec. 1901 et
seq., is not subject to this chapter to the extent that it is governed by the federal Indian child welfare act.
[Title 26 RCW—page 111]
26.27.051
Title 26 RCW: Domestic Relations
(2) A court of this state shall treat a tribe as if it were a
state of the United States for the purpose of applying Articles
1 and 2.
(3) A child custody determination made by a tribe under
factual circumstances in substantial conformity with the
jurisdictional standards of this chapter must be recognized
and enforced under Article 3. [2001 c 65 § 104.]
26.27.051
26.27.051 International application of chapter. (1) A
court of this state shall treat a foreign country as if it were a
state of the United States for the purpose of applying Articles
1 and 2.
(2) Except as otherwise provided in subsection (3) of this
section, a child custody determination made in a foreign
country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter must be
recognized and enforced under Article 3.
(3) A court of this state need not apply this chapter if the
child custody law of a foreign country violates fundamental
principles of human rights. [2001 c 65 § 105.]
26.27.061
26.27.061 Effect of child custody determination. A
child custody determination made by a court of this state that
had jurisdiction under this chapter binds all persons who have
been served in accordance with the laws of this state or notified in accordance with RCW 26.27.081 or who have submitted to the jurisdiction of the court, and who have been given
an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact
except to the extent the determination is modified. [2001 c 65
§ 106.]
26.27.071
26.27.071 Priority. If a question of existence or exercise of jurisdiction under this chapter is raised in a child custody proceeding, the question, upon proper motion, must be
given priority on the calendar and handled expeditiously.
[2001 c 65 § 107.]
26.27.081
26.27.081 Notice to persons outside state. (1) Notice
required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed for service of process by the law of the state in which the service is
made or given in a manner reasonably calculated to give
actual notice, and may be made in any of the following ways:
(a) Personal delivery outside this state in the manner prescribed for service of process within this state;
(b) By any form of mail addressed to the person to be
served and requesting a receipt; or
(c) As directed by the court, including publication if
other means of notification are ineffective.
(2) Proof of service outside this state may be made:
(a) By affidavit of the individual who made the service;
(b) In the manner prescribed by the law of this state or
the law of the state in which the service is made; or
(c) As directed by the order under which the service is
made.
If service is made by mail, proof may be a receipt signed
by the addressee or other evidence of delivery to the
addressee.
[Title 26 RCW—page 112]
(3) Notice is not required for the exercise of jurisdiction
with respect to a person who submits to the jurisdiction of the
court. [2001 c 65 § 108.]
26.27.091
26.27.091 Appearance and limited immunity. (1)
Except as provided in subsection (2) of this section, a party to
a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to
enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of
having been physically present for the purpose of participating, in the proceeding.
(2) A person who is subject to personal jurisdiction in
this state on a basis other than physical presence is not
immune from service of process in this state. A party present
in this state who is subject to the jurisdiction of another state
is not immune from service of process allowable under the
laws of that state.
(3) The immunity granted by subsection (1) of this section does not extend to civil litigation based on acts unrelated
to the participation in a proceeding under this chapter committed by an individual while present in this state. [2001 c 65
§ 109.]
26.27.101
26.27.101 Communication between courts. (1) A
court of this state may communicate with a court in another
state concerning a proceeding arising under this chapter.
(2) The court may allow the parties to participate in the
communication. If the parties are not able to participate in the
communication, they must be given the opportunity to
present facts and legal arguments before a decision on jurisdiction is made.
(3) Communication between courts on schedules, calendars, court records, and similar matters may occur without
informing the parties. A record need not be made of the communication.
(4) Except as otherwise provided in subsection (3) of this
section, a record must be made of a communication under
this section. The parties must be informed promptly of the
communication and granted access to the record.
(5) For the purposes of this section, "record" means
information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in
perceivable form. [2001 c 65 § 110.]
26.27.111
26.27.111 Taking testimony in another state. (1) In
addition to other procedures available to a party, a party to a
child custody proceeding may offer testimony of witnesses
who are located in another state, including testimony of the
parties and the child, by deposition or other means allowable
in this state for testimony taken in another state. The court on
its own motion may order that the testimony of a person be
taken in another state and may prescribe the manner in which
and the terms upon which the testimony is taken.
(2) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone,
audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this
(2004 Ed.)
Uniform Child Custody Jurisdiction Act
state shall cooperate with courts of other states in designating
an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another
state to a court of this state by technological means that do not
produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
[2001 c 65 § 111.]
26.27.121
26.27.121 Cooperation between courts—Preservation of records. (1) A court of this state may request the
appropriate court of another state to:
(a) Hold an evidentiary hearing;
(b) Order a person to produce or give evidence pursuant
to procedures of that state;
(c) Order that an evaluation be made with respect to the
custody of a child involved in a pending proceeding;
(d) Forward to the court of this state a certified copy of
the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance
with the request; and
(e) Order a party to a child custody proceeding or any
person having physical custody of the child to appear in the
proceeding with or without the child.
(2) Upon request of a court of another state, a court of
this state may hold a hearing or enter an order described in
subsection (1) of this section.
(3) Travel and other necessary and reasonable expenses
incurred under subsections (1) and (2) of this section may be
assessed against the parties according to the law of this state.
(4) A court of this state shall preserve the pleadings,
orders, decrees, records of hearings, evaluations, and other
pertinent records with respect to a child custody proceeding
until the child attains eighteen years of age. Upon appropriate
request by a court or law enforcement official of another
state, the court shall forward a certified copy of those records.
[2001 c 65 § 112.]
ARTICLE 2
JURISDICTION
26.27.201
26.27.201 Initial child custody jurisdiction. (1)
Except as otherwise provided in RCW 26.27.231, a court of
this state has jurisdiction to make an initial child custody
determination only if:
(a) This state is the home state of the child on the date of
the commencement of the proceeding, or was the home state
of the child within six months before the commencement of
the proceeding and the child is absent from this state but a
parent or person acting as a parent continues to live in this
state;
(b) A court of another state does not have jurisdiction
under (a) of this subsection, or a court of the home state of the
child has declined to exercise jurisdiction on the ground that
this state is the more appropriate forum under RCW
26.27.261 or 26.27.271, and:
(i) The child and the child's parents, or the child and at
least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(2004 Ed.)
26.27.231
(ii) Substantial evidence is available in this state concerning the child's care, protection, training, and personal
relationships;
(c) All courts having jurisdiction under (a) of this subsection have declined to exercise jurisdiction on the ground
that a court of this state is the more appropriate forum to
determine the custody of the child under RCW 26.27.261 or
26.27.271; or
(d) No court of any other state would have jurisdiction
under the criteria specified in (a), (b), or (c) of this subsection.
(2) Subsection (1) of this section is the exclusive jurisdictional basis for making a child custody determination by a
court of this state.
(3) Physical presence of, or personal jurisdiction over, a
party or a child is not necessary or sufficient to make a child
custody determination. [2001 c 65 § 201.]
26.27.211
26.27.211 Exclusive, continuing jurisdiction. (1)
Except as otherwise provided in RCW 26.27.231, a court of
this state that has made a child custody determination consistent with RCW 26.27.201 or 26.27.221 has exclusive, continuing jurisdiction over the determination until:
(a) A court of this state determines that neither the child,
the child's parents, and any person acting as a parent do not
have a significant connection with this state and that substantial evidence is no longer available in this state concerning
the child's care, protection, training, and personal relationships; or
(b) A court of this state or a court of another state determines that the child, the child's parents, and any person acting
as a parent do not presently reside in this state.
(2) A court of this state that has made a child custody
determination and does not have exclusive, continuing jurisdiction under this section may modify that determination
only if it has jurisdiction to make an initial determination
under RCW 26.27.201. [2001 c 65 § 202.]
26.27.221
26.27.221 Jurisdiction to modify determination.
Except as otherwise provided in RCW 26.27.231, a court of
this state may not modify a child custody determination made
by a court of another state unless a court of this state has jurisdiction to make an initial determination under RCW
26.27.201(1) (a) or (b) and:
(1) The court of the other state determines it no longer
has exclusive, continuing jurisdiction under RCW 26.27.211
or that a court of this state would be a more convenient forum
under RCW 26.27.261; or
(2) A court of this state or a court of the other state determines that the child, the child's parents, and any person acting
as a parent do not presently reside in the other state. [2001 c
65 § 203.]
26.27.231
26.27.231 Temporary emergency jurisdiction. (1) A
court of this state has temporary emergency jurisdiction if the
child is present in this state and the child has been abandoned
or it is necessary in an emergency to protect the child because
the child, or a sibling or parent of the child, is subjected to or
threatened with abuse.
[Title 26 RCW—page 113]
26.27.241
Title 26 RCW: Domestic Relations
(2) If there is no previous child custody determination
that is entitled to be enforced under this chapter and a child
custody proceeding has not been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through
26.27.221, a child custody determination made under this
section remains in effect until an order is obtained from a
court of a state having jurisdiction under RCW 26.27.201
through 26.27.221. If a child custody proceeding has not been
or is not commenced in a court of a state having jurisdiction
under RCW 26.27.201 through 26.27.221, a child custody
determination made under this section becomes a final determination, if it so provides and this state becomes the home
state of the child.
(3) If there is a previous child custody determination that
is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state
having jurisdiction under RCW 26.27.201 through
26.27.221, any order issued by a court of this state under this
section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain
an order from the state having jurisdiction under RCW
26.27.201 through 26.27.221. The order issued in this state
remains in effect until an order is obtained from the other
state within the period specified or the period expires.
(4) A court of this state that has been asked to make a
child custody determination under this section, upon being
informed that a child custody proceeding has been commenced in, or a child custody determination has been made
by, a court of a state having jurisdiction under RCW
26.27.201 through 26.27.221, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to RCW 26.27.201 through
26.27.221, upon being informed that a child custody proceeding has been commenced in, or a child custody determination
has been made by, a court of another state under a statute similar to this section shall immediately communicate with the
court of that state to resolve the emergency, protect the safety
of the parties and the child, and determine a period for the
duration of the temporary order. [2001 c 65 § 204.]
26.27.241
26.27.241 Notice—Opportunity to be heard—Joinder. (1) Before a child custody determination is made under
this chapter, notice and an opportunity to be heard in accordance with the standards of RCW 26.27.081 must be given
to: (a) All persons entitled to notice under the law of this
state as in child custody proceedings between residents of
this state; (b) any parent whose parental rights have not been
previously terminated; and (c) any person having physical
custody of the child.
(2) This chapter does not govern the enforceability of a
child custody determination made without notice or an
opportunity to be heard.
(3) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter are governed by the law of this state as in child custody
proceedings between residents of this state. [2001 c 65 §
205.]
26.27.251
26.27.251 Simultaneous proceedings. (1) Except as
otherwise provided in RCW 26.27.231, a court of this state
[Title 26 RCW—page 114]
may not exercise its jurisdiction under this article if, at the
time of the commencement of the proceeding, a proceeding
concerning the custody of the child has been commenced in a
court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a
court of this state is a more convenient forum under RCW
26.27.261.
(2) Except as otherwise provided in RCW 26.27.231, a
court of this state, before hearing a child custody proceeding,
shall examine the court documents and other information
supplied by the parties pursuant to RCW 26.27.281. If the
court determines that a child custody proceeding has been
commenced in a court in another state having jurisdiction
substantially in accordance with this chapter, the court of this
state shall stay its proceeding and communicate with the
court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not
determine that the court of this state is a more appropriate
forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in
another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court
may:
(a) Stay the proceeding for modification pending the
entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b) Enjoin the parties from continuing with the proceeding for enforcement; or
(c) Proceed with the modification under conditions it
considers appropriate. [2001 c 65 § 206.]
26.27.261
26.27.261 Inconvenient forum. (1) A court of this state
which has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at
any time if it determines that it is an inconvenient forum
under the circumstances and that a court of another state is a
more appropriate forum. The issue of inconvenient forum
may be raised upon motion of a party, the court's own motion,
or request of another court.
(2) Before determining whether it is an inconvenient
forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For
this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) Whether domestic violence has occurred and is likely
to continue in the future and which state could best protect
the parties and the child;
(b) The length of time the child has resided outside this
state;
(c) The distance between the court in this state and the
court in the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should
assume jurisdiction;
(f) The nature and location of the evidence required to
resolve the pending litigation, including testimony of the
child;
(2004 Ed.)
Uniform Child Custody Jurisdiction Act
(g) The ability of the court of each state to decide the
issue expeditiously and the procedures necessary to present
the evidence; and
(h) The familiarity of the court of each state with the
facts and issues in the pending litigation.
(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that
a child custody proceeding be promptly commenced in
another designated state and may impose any other condition
the court considers just and proper.
(4) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is
incidental to an action for dissolution or another proceeding
while still retaining jurisdiction over the dissolution or other
proceeding. [2001 c 65 § 207.]
26.27.271
26.27.271 Jurisdiction declined by reason of conduct.
(1) Except as otherwise provided in RCW 26.27.231 or by
other law of this state, if a court of this state has jurisdiction
under this chapter because a person seeking to invoke its
jurisdiction has engaged in unjustifiable conduct, the court
shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have
acquiesced in the exercise of jurisdiction;
(b) A court of the state otherwise having jurisdiction
under RCW 26.27.201 through 26.27.221 determines that
this state is a more appropriate forum under RCW 26.27.261;
or
(c) No court of any other state would have jurisdiction
under the criteria specified in RCW 26.27.201 through
26.27.221.
(2) If a court of this state declines to exercise its jurisdiction pursuant to subsection (1) of this section, it may fashion
an appropriate remedy to ensure the safety of the child and
prevent a repetition of the unjustifiable conduct, including
staying the proceeding until a child custody proceeding is
commenced in a court having jurisdiction under RCW
26.27.201 through 26.27.221.
(3) If a court dismisses a petition or stays a proceeding
because it declines to exercise its jurisdiction pursuant to subsection (1) of this section, it shall assess against the party
seeking to invoke its jurisdiction necessary and reasonable
expenses including costs, communication expenses, attorneys' fees, investigative fees, expenses for witnesses, travel
expenses, and child care during the course of the proceedings,
unless the party from whom fees are sought establishes that
the assessment would be clearly inappropriate. The court may
not assess fees, costs, or expenses against this state unless
authorized by law other than this chapter. [2001 c 65 § 208.]
26.27.281
26.27.281 Information to be submitted to court. (1)
Subject to laws providing for the confidentiality of procedures, addresses, and other identifying information, in a child
custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last
five years, and the names and present addresses of the per(2004 Ed.)
26.27.291
sons with whom the child has lived during that period. The
pleading or affidavit must state whether the party:
(a) Has participated, as a party or witness or in any other
capacity, in any other proceeding concerning the custody of
or visitation with the child and, if so, identify the court, the
case number, and the date of the child custody determination,
if any;
(b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and
proceedings relating to domestic violence, protective orders,
termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(c) Knows the names and addresses of any person not a
party to the proceeding who has physical custody of the child
or claims rights of legal custody or physical custody of, or
visitation with, the child and, if so, the names and addresses
of those persons.
(2) If the information required by subsection (1) of this
section is not furnished, the court, upon motion of a party or
its own motion, may stay the proceeding until the information
is furnished.
(3) If the declaration as to any of the items described in
subsection (1)(a) through (c) of this section is in the affirmative, the declarant shall give additional information under
oath as required by the court. The court may examine the parties under oath as to details of the information furnished and
other matters pertinent to the court's jurisdiction and the disposition of the case.
(4) Each party has a continuing duty to inform the court
of any proceeding in this or any other state that could affect
the current proceeding.
(5) If a party alleges in an affidavit or a pleading under
oath that the health, safety, or liberty of a party or child would
be jeopardized by disclosure of identifying information, the
information must be sealed and may not be disclosed to the
other party or the public unless the court orders the disclosure
to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child
and determines that the disclosure is in the interest of justice.
[2001 c 65 § 209.]
26.27.291 Appearance of parties and child. (1) In a
child custody proceeding in this state, the court may order a
party to the proceeding who is in this state to appear before
the court in person with or without the child. The court may
order any person who is in this state and who has physical
custody or control of the child to appear in person with the
child.
(2) If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may
order that a notice given pursuant to RCW 26.27.081 include
a statement directing the party to appear in person with or
without the child and informing the party that failure to
appear may result in a decision adverse to the party.
(3) The court may enter any orders necessary to ensure
the safety of the child and of any person ordered to appear
under this section.
(4) If a party to a child custody proceeding who is outside this state is directed to appear under subsection (2) of
this section or desires to appear personally before the court
26.27.291
[Title 26 RCW—page 115]
26.27.401
Title 26 RCW: Domestic Relations
with or without the child, the court may require another party
to pay reasonable and necessary travel and other expenses of
the party so appearing and of the child. [2001 c 65 § 210.]
ARTICLE 3
ENFORCEMENT
26.27.401
26.27.401 Definitions. The definitions in this section
apply throughout this article, unless the context clearly
requires otherwise.
(1) "Petitioner" means a person who seeks enforcement
of an order for return of a child under the Hague Convention
on the Civil Aspects of International Child Abduction or
enforcement of a child custody determination.
(2) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for
return of a child under the Hague Convention on the Civil
Aspects of International Child Abduction or enforcement of a
child custody determination. [2001 c 65 § 301.]
26.27.411
26.27.411 Enforcement under Hague Convention.
Under this article a court of this state may enforce an order
for the return of the child made under the Hague Convention
on the Civil Aspects of International Child Abduction as if it
were a child custody determination. [2001 c 65 § 302.]
26.27.421
26.27.421 Duty to enforce. (1) A court of this state
shall recognize and enforce a child custody determination of
a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the
jurisdictional standards of this chapter and the determination
has not been modified in accordance with this chapter.
(2) A court of this state may use any remedy available
under other law of this state including writs of habeas corpus
under chapter 7.36 RCW and enforcement proceedings under
Title 26 RCW to enforce a child custody determination made
by a court of another state. The remedies provided in this article are cumulative and do not affect the availability of other
remedies to enforce a child custody determination. [2001 c
65 § 303.]
26.27.431
26.27.431 Temporary visitation. (1) A court of this
state that does not have jurisdiction to modify a child custody
determination may issue a temporary order enforcing:
(a) A visitation schedule made by a court of another
state; or
(b) The visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule.
(2) If a court of this state makes an order under subsection (1)(b) of this section, it shall specify in the order a period
that it considers adequate to allow the petitioner to obtain an
order from a court having jurisdiction under the criteria specified in Article 2. The order remains in effect until an order is
obtained from the other court or the period expires. [2001 c
65 § 304.]
26.27.441
26.27.441 Registration of child custody determination. (1) A child custody determination issued by a court of
[Title 26 RCW—page 116]
another state may be registered in this state, with or without a
simultaneous request for enforcement, by sending to the
appropriate court in this state:
(a) A letter or other document requesting registration;
(b) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under
penalty of perjury that to the best of the knowledge and belief
of the person seeking registration, the determination has not
been modified; and
(c) Except as otherwise provided in RCW 26.27.281, the
name and address of the person seeking registration and any
parent or person acting as a parent who has been awarded
custody or visitation in the child custody determination
sought to be registered.
(2) On receipt of the documents required by subsection
(1) of this section, the registering court shall:
(a) Cause the determination to be filed as a foreign judgment, together with one copy of any accompanying documents and information, regardless of their form; and
(b) Serve notice upon the persons named pursuant to
subsection (1)(c) of this section and provide them with an
opportunity to contest the registration in accordance with this
section.
(3) The notice required by subsection (2)(b) of this section must state that:
(a) A registered determination is enforceable as of the
date of the registration in the same manner as a determination
issued by a court of this state;
(b) A hearing to contest the validity of the registered
determination must be requested within twenty days after service of notice; and
(c) Failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter
that could have been asserted.
(4) A person seeking to contest the validity of a registered determination must request a hearing within twenty
days after service of the notice. At that hearing, the court
shall confirm the registered determination unless the person
contesting registration establishes that:
(a) The issuing court did not have jurisdiction under
Article 2;
(b) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having
jurisdiction to do so under Article 2; or
(c) The person contesting registration was entitled to
notice, but notice was not given in accordance with the standards of RCW 26.27.081, in the proceedings before the court
that issued the determination for which registration is sought.
(5) If a timely request for a hearing to contest the validity
of the registration is not made, the registration is confirmed
as a matter of law and the person requesting registration and
all persons served must be notified of the confirmation.
(6) Confirmation of a registered determination, whether
by operation of law or after notice and hearing, precludes further contest of the determination with respect to any matter
that could have been asserted at the time of registration.
[2001 c 65 § 305.]
26.27.451 Enforcement of registered determination.
(1) A court of this state may grant any relief normally avail26.27.451
(2004 Ed.)
Uniform Child Custody Jurisdiction Act
able under the law of this state to enforce a registered child
custody determination made by a court of another state.
(2) A court of this state shall recognize and enforce, but
may not modify, except in accordance with Article 2, a registered child custody determination of a court of another state.
[2001 c 65 § 306.]
26.27.461
26.27.461 Simultaneous proceedings. If a proceeding
for enforcement under this article is commenced in a court of
this state and the court determines that a proceeding to modify the determination is pending in a court of another state
having jurisdiction to modify the determination under Article
2, the enforcing court shall immediately communicate with
the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the
modifying court, stays or dismisses the proceeding. [2001 c
65 § 307.]
26.27.471
26.27.471 Expedited enforcement of child custody
determination. (1) A petition under this article must be verified. Certified copies of all orders sought to be enforced and
of any order confirming registration must be attached to the
petition. A copy of a certified copy of an order may be
attached instead of the original.
(2) A petition for enforcement of a child custody determination must state:
(a) Whether the court that issued the determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(b) Whether the determination for which enforcement is
sought has been vacated, stayed, or modified by a court
whose decision must be enforced under this chapter and, if
so, identify the court, the case number, and the nature of the
proceeding;
(c) Whether any proceeding has been commenced that
could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination
of parental rights, and adoptions and, if so, identify the court,
the case number, and the nature of the proceeding;
(d) The present physical address of the child and the
respondent, if known;
(e) Whether relief in addition to the immediate physical
custody of the child and attorneys' fees is sought, including a
request for assistance from law enforcement officials and, if
so, the relief sought; and
(f) If the child custody determination has been registered
and confirmed under RCW 26.27.441, the date and place of
registration.
(3) Upon the filing of a petition, the court shall issue an
order directing the respondent to appear in person with or
without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. The hearing must be held on the next judicial day after service of the
order unless that date is impossible. In that event, the court
shall hold the hearing on the first judicial day possible. The
court may extend the date of hearing at the request of the petitioner.
(4) An order issued under subsection (3) of this section
must state the time and place of the hearing and advise the
respondent that at the hearing the court will order that the
(2004 Ed.)
26.27.491
petitioner may take immediate physical custody of the child
and the payment of fees, costs, and expenses under RCW
26.27.511, and may schedule a hearing to determine whether
further relief is appropriate, unless the respondent appears
and establishes that:
(a) The child custody determination has not been registered and confirmed under RCW 26.27.441 and that:
(i) The issuing court did not have jurisdiction under Article 2;
(ii) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a
court having jurisdiction to do so under Article 2;
(iii) The respondent was entitled to notice, but notice was
not given in accordance with the standards of RCW
26.27.081, in the proceedings before the court that issued the
order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought was registered and confirmed under RCW
26.27.431, but has been vacated, stayed, or modified by a
court of a state having jurisdiction to do so under Article 2.
[2001 c 65 § 308.]
26.27.481
26.27.481 Service of petition and order. Except as
otherwise provided in RCW 26.27.501, the petition and order
must be served, by any method authorized by the law of this
state, upon the respondent and any person who has physical
custody of the child. [2001 c 65 § 309.]
26.27.491
26.27.491 Hearing and order. (1) Unless the court
issues a temporary emergency order pursuant to RCW
26.27.231, upon a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order
that the petitioner may take immediate physical custody of
the child unless the respondent establishes that:
(a) The child custody determination has not been registered and confirmed under RCW 26.27.441 and that:
(i) The issuing court did not have jurisdiction under Article 2;
(ii) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a
court of a state having jurisdiction to do so under Article 2; or
(iii) The respondent was entitled to notice, but notice was
not given in accordance with the standards of RCW
26.27.081, in the proceedings before the court that issued the
order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought was registered and confirmed under RCW
26.27.441 but has been vacated, stayed, or modified by a
court of a state having jurisdiction to do so under Article 2.
(2) The court shall award the fees, costs, and expenses
authorized under RCW 26.27.511 and may grant additional
relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether
additional relief is appropriate.
(3) If a party called to testify refuses to answer on the
ground that the testimony may be self-incriminating, the
court may draw an adverse inference from the refusal.
(4) A privilege against disclosure of communications
between spouses and a defense of immunity based on the
relationship of husband and wife or parent and child may not
[Title 26 RCW—page 117]
26.27.501
Title 26 RCW: Domestic Relations
be invoked in a proceeding under this article. [2001 c 65 §
310.]
26.27.501
26.27.501 Authorization to take physical custody of
child. An order under this chapter directing law enforcement
to obtain physical custody of the child from the other parent
or a third party holding the child may only be sought pursuant
to a writ of habeas corpus under chapter 7.36 RCW. [2001 c
65 § 311.]
26.27.541, a law enforcement officer may take any lawful
action reasonably necessary to locate a child or a party and
assist a prosecutor or attorney general with responsibilities
under RCW 26.27.541. [2001 c 65 § 316.]
26.27.561 Costs and expenses. If the respondent is not
the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor
or attorney general and law enforcement officers under RCW
26.27.541 or 26.27.551. [2001 c 65 § 317.]
26.27.561
26.27.511
26.27.511 Costs, fees, and expenses. (1) The court
shall award the prevailing party, including a state, necessary
and reasonable expenses incurred by or on behalf of the
party, including costs, communication expenses, attorneys'
fees, investigative fees, expenses for witnesses, travel
expenses, and child care during the course of the proceedings,
unless the party from whom fees or expenses are sought
establishes that the award would be clearly inappropriate.
(2) The court may not assess fees, costs, or expenses
against a state unless authorized by law other than this chapter. [2001 c 65 § 312.]
26.27.521
26.27.521 Recognition and enforcement. A court of
this state shall accord full faith and credit to an order issued
by another state and consistent with this chapter that enforces
a child custody determination by a court of another state
unless the order has been vacated, stayed, or modified by a
court having jurisdiction to do so under Article 2. [2001 c 65
§ 313.]
26.27.531
26.27.531 Appeals. An appeal may be taken from a
final order in a proceeding under this article in accordance
with expedited appellate procedures in other civil cases relating to minor children. Unless the court enters a temporary
emergency order under RCW 26.27.231, the enforcing court
may not stay an order enforcing a child custody determination pending appeal. [2001 c 65 § 314.]
ARTICLE 4
MISCELLANEOUS PROVISIONS
26.27.901
26.27.901 Application—Construction. In applying
and construing this chapter, consideration must be given to
the need to promote uniformity of the law with respect to its
subject matter among states that enact it. [2001 c 65 § 401.]
26.27.911
26.27.911 Severability—2001 c 65. If any provision of
this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[2001 c 65 § 402.]
26.27.921
26.27.921 Transitional provision. A motion or other
request for relief made in a child custody proceeding or to
enforce a child custody determination that was commenced
before July 22, 2001, is governed by the law in effect at the
time the motion or other request was made. [2001 c 65 §
404.]
26.27.931
26.27.931 Captions, article designations, and article
headings not law. Captions, article designations, and article
headings used in this chapter are not any part of the law.
[2001 c 65 § 405.]
Chapter 26.28
26.27.541
26.27.541 Role of prosecutor or attorney general. (1)
In a case arising under this chapter or involving the Hague
Convention on the Civil Aspects of International Child
Abduction, the prosecutor or attorney general may take any
lawful action, including resorting to a proceeding under this
article or any other available civil proceeding to locate a
child, obtain the return of a child, or enforce a child custody
determination if there is:
(a) An existing child custody determination;
(b) A request to do so from a court in a pending child
custody proceeding;
(c) A reasonable belief that a criminal statute has been
violated; or
(d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(2) A prosecutor or attorney general acting under this
section acts on behalf of the court and may not represent any
party. [2001 c 65 § 315.]
Chapter 26.28 RCW
AGE OF MAJORITY
(Formerly: Infants)
Sections
26.28.010
26.28.015
26.28.020
26.28.030
26.28.040
26.28.050
26.28.060
26.28.070
26.28.080
26.28.085
Age of majority.
Age of majority for enumerated specific purposes.
Married persons—When deemed of full age.
Contracts of minors—Disaffirmance.
Disaffirmance barred in certain cases.
Satisfaction of minor's contract for services.
Child labor—Penalty.
Certain types of employment prohibited—Penalty.
Selling or giving tobacco to minor—Belief of representative
capacity, no defense—Penalty.
Applying tattoo to a minor—Penalty.
Alcohol and drug treatment: RCW 70.96A.095.
Alcoholic beverage control
furnishing liquor to minors—Possession, use: RCW 66.44.270.
minor applying for permit: RCW 66.44.280.
minor purchasing liquor: RCW 66.44.290.
minors frequenting off-limits area—Misrepresenting age: RCW
66.44.310.
treating minor, etc., in tavern: RCW 66.44.300.
Baseball—Contracts with minors: Chapter 67.04 RCW.
26.27.551
26.27.551 Role of law enforcement. At the request of
a prosecutor or attorney general acting under RCW
[Title 26 RCW—page 118]
Child
labor: Chapter 49.12 RCW.
(2004 Ed.)
Age of Majority
support enforcement: Chapter 26.18 RCW.
welfare agencies: Chapter 74.15 RCW.
Children and youth services: RCW 43.20A.360, chapter 72.05 RCW.
Civil defense—Minors entitled to benefits: RCW 38.52.270.
Costs (civil) against guardian of infant plaintiff: RCW 4.84.140.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Crimes and punishment
firearms, dangerous weapons
delivery to ineligible persons: RCW 9.41.080.
possession of pistol by person from eighteen to twenty-one: RCW
9.41.240.
frauds and swindles, substitution of child: RCW 9.45.020.
kidnapping: Chapter 9A.40 RCW.
leaving children unattended in parked automobile: RCW 9.91.060.
obscenity—Obscene literature: Chapter 9.68 RCW.
sex crimes: Chapter 9A.44 RCW.
Department of social and health services, advisory committee on children
and youth services: RCW 43.20A.360.
District courts (civil)
action against infant—Guardian ad litem: RCW 12.04.150.
commencement of actions—Action by infant: RCW 12.04.140.
Domestic violence prevention: Chapter 26.50 RCW.
Family abandonment or nonsupport: Chapter 26.20 RCW.
Firearm training program: RCW 77.32.155.
Game and game fish—Areas may be set aside for use of minors: RCW
77.12.330.
Green Hill School: Chapter 72.16 RCW.
Health care records, rights: RCW 70.02.130.
Hours of labor: Chapter 49.28 RCW.
Juvenile courts and juvenile offenders: Title 13 RCW.
Limitation of actions (civil)
minors suing guardians for estates sold: RCW 4.16.070.
statutes tolled by personal disability: RCW 4.16.190.
Maple Lane School: Chapter 72.20 RCW.
Medical consent, liability of provider: RCW 26.09.310.
Mental health treatment: Chapter 71.34 RCW.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
Motor vehicle operators' licenses
application of person under eighteen—Signature of parent, etc.: RCW
46.20.100.
juvenile agricultural driving permits: RCW 46.20.070.
persons ineligible, generally: RCW 46.20.031.
Parties to actions (civil)—Guardian ad litem for infant: RCW 4.08.050.
Partition
guardian may consent to partition: RCW 7.52.470.
infant's share of proceeds to guardian: RCW 7.52.450.
Probate
descent and distribution to legitimate, illegitimate, adopted children:
Chapter 11.04 RCW.
escheats—Limitation when claimant is minor: RCW 11.08.280.
guardianship—Guardian ad litem: RCW 11.88.090.
letters testamentary and of administration—Procedure during minority or
absence of executor: RCW 11.28.040.
Property taxes—Certificate of delinquency—Redemption before deed—
Minors and legally incompetent: RCW 84.64.070.
Recognizances for minors: RCW 10.16.150.
Savings and loan associations, minors as members: RCW 33.20.040.
Schools and colleges, generally: Titles 28A and 28B RCW.
Sexual psychopaths and psychopathic delinquents: Chapter 71.06 RCW.
Sexually transmitted diseases: RCW 70.24.110.
Shoplifting by minors, liability of parents, guardians: RCW 4.24.230.
Special education—Children with handicapping conditions: Chapter
28A.155 RCW.
Special rights of action (civil)
(2004 Ed.)
26.28.015
action by parent for sale or transfer of controlled substance to minor:
RCW 69.50.414.
action by parent for seduction of child: RCW 4.24.020.
action for injury or death of child: RCW 4.24.010.
State school for blind and deaf—Who may be admitted: RCW 72.40.040.
State school for girls: Chapter 72.20 RCW.
State training school for boys: Chapter 72.16 RCW.
Survival of actions (civil)—Action for personal injury survives to spouse,
child, stepchildren, or heirs: RCW 4.20.060.
Temporary assistance for needy families: Chapter 74.12 RCW.
Unemployment compensation, "employment"—Newsboy service exemption:
RCW 50.04.240.
Uniform transfers to minors act: Chapter 11.114 RCW.
Uniform veterans' guardianship act—Guardian for minor: RCW 73.36.060.
Vital statistics, supplemental report on name of child: RCW 70.58.100.
Worker's compensation—"Child" defined: RCW 51.08.030.
26.28.010 Age of majority. Except as otherwise specifically provided by law, all persons shall be deemed and taken
to be of full age for all purposes at the age of eighteen years.
[1971 ex.s. c 292 § 1; 1970 ex.s. c 17 § 1; 1923 c 72 § 2; Code
1881 § 2363; 1866 p 92 § 1; 1863 p 434 § 1; 1854 p 407 § 1;
RRS § 10548.]
26.28.010
Severability—1971 ex.s. c 292: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 292 § 77.]
Saving—1923 c 72: "This act shall not apply to females who shall have
attained the age of eighteen years at the time this act shall go into effect."
[1923 c 72 § 3.] 1923 c 72 was codified as RCW 11.92.010 and 26.28.010.
Age of majority for probate law and procedure purposes: RCW 11.76.080,
11.76.095, 11.88.020, and 11.92.010.
26.28.015 Age of majority for enumerated specific
purposes. Notwithstanding any other provision of law, and
except as provided under RCW 26.50.020, all persons shall
be deemed and taken to be of full age for the specific purposes hereafter enumerated at the age of eighteen years:
(1) To enter into any marriage contract without parental
consent if otherwise qualified by law;
(2) To execute a will for the disposition of both real and
personal property if otherwise qualified by law;
(3) To vote in any election if authorized by the Constitution and otherwise qualified by law;
(4) To enter into any legal contractual obligation and to
be legally bound thereby to the full extent as any other adult
person;
(5) To make decisions in regard to their own body and
the body of their lawful issue whether natural born to or
adopted by such person to the full extent allowed to any other
adult person including but not limited to consent to surgical
operations;
(6) To sue and be sued on any action to the full extent as
any other adult person in any of the courts of this state, without the necessity for a guardian ad litem. [1992 c 111 § 12;
1971 ex.s. c 292 § 2.]
26.28.015
Severability—1992 c 111: See RCW 26.50.903.
Findings—1992 c 111: See note following RCW 26.50.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Alcohol and drug treatment: RCW 70.96A.095.
Mental health treatment: Chapter 71.34 RCW.
Sexually transmitted diseases: RCW 70.24.110.
[Title 26 RCW—page 119]
26.28.020
Title 26 RCW: Domestic Relations
26.28.020
26.28.020 Married persons—When deemed of full
age. All minor persons married to a person of full age shall
be deemed and taken to be of full age. [1973 1st ex.s. c 154
§ 38; Code 1881 § 2364; 1863 p 434 § 2; 1854 p 407 § 2; RRS
§ 10549.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
(3) In any practice or exhibition dangerous or injurious
to life, limb, health or morals; or,
(4) As a messenger for delivering letters, telegrams,
packages or bundles, to any known house of prostitution or
assignation;
Shall be guilty of a misdemeanor. [1909 c 249 § 194;
RRS § 2446.]
26.28.030
26.28.030 Contracts of minors—Disaffirmance. A
minor is bound, not only by contracts for necessaries, but also
by his other contracts, unless he disaffirms them within a reasonable time after he attains his majority, and restores to the
other party all money and property received by him by virtue
of the contract, and remaining within his control at any time
after his attaining his majority. [1866 p 92 § 2; RRS § 5829.]
26.28.040
26.28.040 Disaffirmance barred in certain cases. No
contract can be thus disaffirmed in cases where on account of
the minor's own misrepresentations as to his majority, or
from his having engaged in business as an adult, the other
party had good reasons to believe the minor capable of contracting. [1866 p 93 § 3; RRS § 5830.]
26.28.050
26.28.050 Satisfaction of minor's contract for services. When a contract for the personal services of a minor
has been made with him alone, and those services are afterwards performed, payment made therefor to such minor in
accordance with the terms of the contract, is a full satisfaction
for those services, and the parents or guardian cannot recover
therefor. [1866 p 93 § 4; RRS § 5831.]
26.28.060
26.28.060 Child labor—Penalty. (1) Every person
who shall employ, and every parent, guardian or other person
having the care, custody or control of such child, who shall
permit to be employed, by another, any child under the age of
fourteen years at any labor whatever, in or in connection with
any store, shop, factory, mine or any inside employment not
connected with farm or house work, without the written permit thereto of a judge of a superior court of the county
wherein such child may live, shall be guilty of a misdemeanor.
(2) Subsection (1) of this section does not apply to children employed as actors or performers in film, video, audio,
or theatrical productions. [1994 c 62 § 1; 1973 1st ex.s. c 154
§ 39; 1909 c 249 § 195; RRS § 2447.]
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Child labor: Chapter 49.12 RCW.
Employment permits: RCW 28A.225.080.
26.28.070
26.28.070 Certain types of employment prohibited—
Penalty. Every person who shall employ, or cause to be
employed, exhibit or have in his custody for exhibition or
employment any minor actually or apparently under the age
of eighteen years; and every parent, relative, guardian,
employer or other person having the care, custody, or control
of any such minor, who shall in any way procure or consent
to the employment of such minor:
(1) In begging, receiving alms, or in any mendicant
occupation; or,
(2) In any indecent or immoral exhibition or practice; or,
[Title 26 RCW—page 120]
Juvenile courts and juvenile offenders: Title 13 RCW.
26.28.080
26.28.080 Selling or giving tobacco to minor—Belief
of representative capacity, no defense—Penalty. Every
person who sells or gives, or permits to be sold or given to
any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is
guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of
this section that the person acted, or was believed by the
defendant to act, as agent or representative of another. [1994
sp.s. c 7 § 437. Prior: 1987 c 250 § 2; 1987 c 204 § 1; 1971
ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1; 1909 ex.s. c
27 § 1; 1909 c 249 § 193; 1901 c 122 § 1; 1895 c 126 §§ 1, 3
and 4; RRS § 2445. Formerly RCW 26.08.080, 26.08.090,
and 26.08.100.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Juvenile courts and juvenile offenders: Title 13 RCW.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
26.28.085
26.28.085 Applying tattoo to a minor—Penalty.
Every person who applies a tattoo to any minor under the age
of eighteen is guilty of a misdemeanor. It is not a defense to a
violation of this section that the person applying the tattoo did
not know the minor's age unless the person applying the tattoo establishes by a preponderance of the evidence that he or
she made a reasonable, bona fide attempt to ascertain the true
age of the minor by requiring production of a driver's license
or other picture identification card or paper and did not rely
solely on the oral allegations or apparent age of the minor.
For the purposes of this section, "tattoo" includes any
permanent marking or coloring of the skin with any pigment,
ink, or dye, or any procedure that leaves a visible scar on the
skin. Medical procedures performed by a licensed physician
are exempted from this section. [1995 c 373 § 1.]
Chapter 26.30 RCW
UNIFORM MINOR STUDENT CAPACITY TO
BORROW ACT
Chapter 26.30
Sections
26.30.010
26.30.020
26.30.900
26.30.910
26.30.920
Definitions.
Minors—Contracts—Educational purposes—Enforceability.
Uniformity of interpretation.
Short title.
Effective date—1970 ex.s. c 4.
26.30.010
26.30.010 Definitions. As used in this chapter:
(2004 Ed.)
Adoption
(1) "Person" means individual, corporation, government
or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity.
(2) "Educational institution" means any university, college, community college, junior college, high school, technical, vocational, or professional school, or similar institution,
wherever located, which has been accredited by the Northwest Association of Higher and Secondary Institutions or
approved by the state agency having regulatory powers over
the class of schools to which the school belongs, or accredited or approved by the appropriate official, department, or
agency of the state in which the institution is located.
(3) "Educational loan" means a loan or other aid or assistance for the purpose of furthering the obligor's education at
an educational institution. [1970 ex.s. c 4 § 1.]
Student financial aid program: Chapter 28B.92 RCW.
26.30.020
26.30.020 Minors—Contracts—Educational purposes—Enforceability. Any written obligation signed by a
minor sixteen or more years of age in consideration of an
educational loan received by him from any person is enforceable as if he were an adult at the time of execution, but only
if prior to the making of the educational loan an educational
institution has certified in writing to the person making the
educational loan that the minor is enrolled, or has been
accepted for enrollment, in the educational institution. [1970
ex.s. c 4 § 2.]
Contracts of minors, disaffirmance: RCW 26.28.030.
26.30.900
26.30.900 Uniformity of interpretation. This chapter
shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which
enact it. [1970 ex.s. c 4 § 3.]
26.30.910
26.30.910 Short title. This chapter may be cited as the
"Uniform Minor Student Capacity to Borrow Act." [1970
ex.s. c 4 § 4.]
26.30.920
26.30.920 Effective date—1970 ex.s. c 4. This chapter
shall take effect on July 1, 1970. [1970 ex.s. c 4 § 5.]
Chapter 26.33
Chapter 26.33 RCW
ADOPTION
Sections
26.33.010
26.33.020
26.33.030
26.33.040
26.33.045
26.33.050
26.33.060
26.33.070
26.33.080
26.33.090
26.33.100
(2004 Ed.)
Intent.
Definitions.
Petitions—Place of filing—Consolidation of petitions and
hearings.
Petitions—Application of Indian child welfare act—Requirements—Soldiers and Sailors Civil Relief Act statement
and findings.
Delay or denial of adoption on basis of race, color, or national
origin prohibited—Consideration in placement—Exception.
Validity of consents, relinquishments, or orders of termination from other jurisdictions—Burden of proof.
Hearings—Procedure—Witnesses.
Appointment of guardian ad litem—When required—Payment of fees.
Petition for relinquishment—Filing—Written consent
required.
Petition for relinquishment—Hearing—Temporary custody
order—Notice—Order of relinquishment.
Petition for termination—Who may file—Contents—Time.
26.33.010
26.33.110
26.33.120
26.33.130
26.33.140
26.33.150
26.33.160
26.33.170
26.33.180
26.33.190
26.33.200
26.33.210
26.33.220
26.33.230
26.33.240
26.33.250
26.33.260
26.33.270
26.33.280
26.33.290
26.33.295
26.33.300
26.33.310
26.33.320
26.33.330
26.33.340
26.33.343
26.33.345
26.33.347
26.33.350
26.33.360
26.33.370
26.33.380
26.33.385
26.33.390
26.33.400
26.33.410
26.33.900
26.33.901
Petition for termination—Time and place of hearing—Notice
of hearing and petition—Contents.
Termination—Grounds—Failure to appear.
Termination order—Effect.
Who may adopt or be adopted.
Petition for adoption—Filing—Contents—Preplacement
report required.
Consent to adoption—When revocable—Procedure.
Consent to adoption—When not required.
Preplacement report required before placement with adoptive
parents—Exception.
Preplacement report—Requirements—Fees.
Post-placement report—Requirements—Exception—Fees.
Preplacement or post-placement report—Department or
agency may make report.
Preplacement and post-placement reports—When not
required.
Notice of proceedings at which preplacement reports considered—Contents—Proof of service—Appearance—
Waiver.
Petition for adoption—Hearing—Notice—Disposition.
Decree of adoption—Determination of place and date of
birth.
Decree of adoption—Effect—Accelerated appeal—Limited
grounds to challenge—Intent.
Decree of adoption—Protection of certain rights and benefits.
Decree of adoption—Transmittal to state registrar of vital
statistics.
Decree of adoption—Duties of state registrar of vital statistics.
Open adoption agreements—Agreed orders—Enforcement.
Adoption statistical data.
Notice—Requirements—Waiver.
Adoption of hard to place children—Court's consideration of
state's agreement with prospective adoptive parents.
Records sealed—Inspection—Fee.
Department, agency, and court files confidential—Limited
disclosure of information.
Search for birth parent or adopted child—Confidential intermediary.
Search for birth parent or adopted child—Limited release of
information—Noncertified copies of original birth certificate.
Consent or refusal to release adoptee's identifying information—Desire to be contacted—Certified statement.
Medical reports—Requirements.
Petition by natural parent to set aside adoption—Costs—
Time limit.
Permanent care and custody of a child—Assumption, relinquishment, or transfer except by court order or statute,
when prohibited—Penalty.
Family and social history report required—Identity of birth
parents confidential.
Standards for locating records and information—Rules.
Information on adoption-related services.
Advertisements—Prohibitions—Exceptions—Application
of consumer protection act.
Advertisements—Exemption.
Effective date—Application—1984 c 155.
Severability—1984 c 155.
Child selling and child buying, class C felony: RCW 9A.64.030.
Dependent and delinquent children: Title 13 RCW.
Descent and distribution—Adopted children: Chapter 11.04 RCW.
Paternity, determination: Chapter 26.26 RCW.
Welfare agencies for children: Title 13 RCW.
26.33.010
26.33.010 Intent. The legislature finds that the purpose
of adoption is to provide stable homes for children. Adoptions should be handled efficiently, but the rights of all parties must be protected. The guiding principle must be determining what is in the best interest of the child. It is the intent
of the legislature that this chapter be used only as a means for
placing children in adoptive homes and not as a means for
parents to avoid responsibility for their children unless the
department, an agency, or a prospective adoptive parent is
[Title 26 RCW—page 121]
26.33.020
Title 26 RCW: Domestic Relations
willing to assume the responsibility for the child. [1984 c 155
§ 1.]
26.33.020
26.33.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Alleged father" means a person whose parent-child
relationship has not been terminated, who is not a presumed
father under chapter 26.26 RCW, and who alleges himself or
whom a party alleges to be the father of the child. It includes
a person whose marriage to the mother was terminated more
than three hundred days before the birth of the child or who
was separated from the mother more than three hundred days
before the birth of the child.
(2) "Child" means a person under eighteen years of age.
(3) "Adoptee" means a person who is to be adopted or
who has been adopted.
(4) "Adoptive parent" means the person or persons who
seek to adopt or have adopted an adoptee.
(5) "Court" means the superior court.
(6) "Department" means the department of social and
health services.
(7) "Agency" means any public or private association,
corporation, or individual licensed or certified by the department as a child placing agency under chapter 74.15 RCW or
as an adoption agency.
(8) "Parent" means the natural or adoptive mother or
father of a child, including a presumed father under chapter
26.26 RCW. It does not include any person whose parentchild relationship has been terminated by a court of competent jurisdiction.
(9) "Legal guardian" means the department, an agency,
or a person, other than a parent or stepparent, appointed by
the court to promote the child's general welfare, with the
authority and duty to make decisions affecting the child's
development.
(10) "Guardian ad litem" means a person, not related to a
party to the action, appointed by the court to represent the
best interests of a party who is under a legal disability.
(11) "Relinquish or relinquishment" means the voluntary
surrender of custody of a child to the department, an agency,
or prospective adoptive parents.
(12) "Individual approved by the court" or "qualified salaried court employee" means a person who has a master's
degree in social work or a related field and one year of experience in social work, or a bachelor's degree and two years of
experience in social work, and includes a person not having
such qualifications only if the court makes specific findings
of fact that are entered of record establishing that the person
has reasonably equivalent experience.
(13) "Birth parent" means the biological mother or biological or alleged father of a child, including a presumed
father under chapter 26.26 RCW, whether or not any such
person's parent-child relationship has been terminated by a
court of competent jurisdiction. "Birth parent" does not
include a biological mother or biological or alleged father,
including a presumed father under chapter 26.26 RCW, if the
parent-child relationship was terminated because of an act for
which the person was found guilty under chapter 9A.42 or
9A.44 RCW.
[Title 26 RCW—page 122]
(14) "Nonidentifying information" includes, but is not
limited to, the following information about the birth parents,
adoptive parents, and adoptee:
(a) Age in years at the time of adoption;
(b) Heritage, including nationality, ethnic background,
and race;
(c) Education, including number of years of school completed at the time of adoption, but not name or location of
school;
(d) General physical appearance, including height,
weight, color of hair, eyes, and skin, or other information of a
similar nature;
(e) Religion;
(f) Occupation, but not specific titles or places of
employment;
(g) Talents, hobbies, and special interests;
(h) Circumstances leading to the adoption;
(i) Medical and genetic history of birth parents;
(j) First names;
(k) Other children of birth parents by age, sex, and medical history;
(l) Extended family of birth parents by age, sex, and
medical history;
(m) The fact of the death, and age and cause, if known;
(n) Photographs;
(o) Name of agency or individual that facilitated the
adoption. [1993 c 81 § 1; 1990 c 146 § 1; 1984 c 155 § 2.]
26.33.030
26.33.030 Petitions—Place of filing—Consolidation
of petitions and hearings. (1) A petition under this chapter
may be filed in the superior court of the county in which the
petitioner is a resident or of the county in which the adoptee
is domiciled.
(2) A petition under this chapter may be consolidated
with any other petition under this chapter. A hearing under
this chapter may be consolidated with any other hearing
under this chapter. [1984 c 155 § 3.]
26.33.040
26.33.040 Petitions—Application of Indian child welfare act—Requirements—Soldiers and Sailors Civil
Relief Act statement and findings. (1)(a) Every petition
filed in proceedings under this chapter shall contain a statement alleging whether the child is or may be an Indian child
as defined in 25 U.S.C. Sec. 1903. If the child is an Indian
child as defined under the Indian child welfare act, the provisions of the act shall apply.
(b) Every order or decree entered in any proceeding
under this chapter shall contain a finding that the Indian child
welfare act does or does not apply. Where there is a finding
that the Indian child welfare act does apply, the decree or
order must also contain a finding that all notice requirements
and evidentiary requirements under the Indian child welfare
act have been satisfied.
(c) In proceedings under this chapter, the adoption facilitator shall file a sworn statement documenting efforts to
determine whether an Indian child as defined under the
Indian child welfare act, 25 U.S.C. Sec. 1903, is involved.
(d) Whenever the court or the petitioning party knows or
has reason to know that an Indian child is involved in any termination, relinquishment, or placement proceeding under
(2004 Ed.)
Adoption
this chapter, the petitioning party shall promptly provide
notice to the child's parent or Indian custodian and to the
agent designated by the child's Indian tribe to receive such
notices. Notice shall be by certified mail with return receipt
requested. If the identity or location of the parent or Indian
custodian and the tribe cannot be determined, notice shall be
given to the secretary of the interior in the manner described
in 25 C.F.R. 23.11. If the child may be a member of more
than one tribe, the petitioning party shall send notice to all
tribes the petitioner has reason to know may be affiliated with
the child.
(e) The notice shall: (i) Contain a statement notifying
the parent or custodian and the tribe of the pending proceeding; and (ii) notify the tribe of the tribe's right to intervene
and/or request that the case be transferred to tribal court.
(f) No termination, relinquishment, or placement proceeding shall be held until at least ten days after receipt of
notice by the tribe. If the tribe requests, the court shall grant
the tribe up to twenty additional days to prepare for such proceeding.
(2) Every petition filed in proceedings under this chapter
shall contain a statement alleging whether the Soldiers and
Sailors Civil Relief Act of 1940, 50 U.S.C. Sec. 501 et seq.
applies to the proceeding. Every order or decree entered in
any proceeding under this chapter shall contain a finding that
the Soldiers and Sailors Civil Relief Act of 1940 does or does
not apply. [2004 c 64 § 2; 1991 c 136 § 1; 1984 c 155 § 4.]
26.33.045
26.33.045 Delay or denial of adoption on basis of
race, color, or national origin prohibited—Consideration
in placement—Exception. An adoption shall not be delayed
or denied on the basis of the race, color, or national origin of
the adoptive parent or the child involved. However, when the
department or an agency considers whether a placement
option is in a child's best interests, the department or agency
may consider the cultural, ethnic, or racial background of the
child and the capacity of prospective adoptive parents to meet
the needs of a child of this background. This provision shall
not apply to or affect the application of the Indian Child Welfare Act of 1978, 25 U.S.C. Sec. 1901 et seq. [1995 c 270 §
8.]
Finding—1995 c 270: See note following RCW 74.13.118.
26.33.050
26.33.050 Validity of consents, relinquishments, or
orders of termination from other jurisdictions—Burden
of proof. Any consent, relinquishment, or order of termination that would be valid in the jurisdiction in which it was
executed or obtained, and which comports with due process
of law, is valid in Washington state, but the burden of proof
as to validity and compliance is on the petitioner. [1984 c
155 § 5.]
26.33.060
26.33.060 Hearings—Procedure—Witnesses. All
hearings under this chapter shall be heard by the court without a jury. Unless the parties and the court agree otherwise,
proceedings of contested hearings shall be recorded. The general public shall be excluded and only those persons shall be
admitted whose presence is requested by any person entitled
to notice under this chapter or whom the judge finds to have
a direct interest in the case or in the work of the court. Persons
(2004 Ed.)
26.33.090
so admitted shall not disclose any information obtained at the
hearing which would identify the individual adoptee or parent involved. The court may require the presence of witnesses
deemed necessary to the disposition of the petition, including
persons making any report, study, or examination which is
before the court if those persons are reasonably available. A
person who has executed a valid waiver need not appear at
the hearing. If the court finds that it is in the child's best interest, the child may be excluded from the hearing. [1984 c 155
§ 6.]
26.33.070
26.33.070 Appointment of guardian ad litem—When
required—Payment of fees. (1) The court shall appoint a
guardian ad litem for any parent or alleged father under eighteen years of age in any proceeding under this chapter. The
court may appoint a guardian ad litem for a child adoptee or
any incompetent party in any proceeding under this chapter.
The guardian ad litem for a parent or alleged father, in addition to determining what is in the best interest of the party,
shall make an investigation and report to the court concerning
whether any written consent to adoption or petition for relinquishment signed by the parent or alleged father was signed
voluntarily and with an understanding of the consequences of
the action.
(2) The county in which a petition is filed shall pay the
fees of a guardian ad litem or attorney appointed under this
chapter. [1984 c 155 § 7.]
26.33.080
26.33.080 Petition for relinquishment—Filing—
Written consent required. (1) A parent, an alleged father,
the department, or an agency may file with the court a petition to relinquish a child to the department or an agency. The
parent's or alleged father's written consent to adoption shall
accompany the petition. The written consent of the department or the agency to assume custody shall be filed with the
petition.
(2) A parent, alleged father, or prospective adoptive parent may file with the court a petition to relinquish a child to
the prospective adoptive parent. The parent's or alleged
father's written consent to adoption shall accompany the petition. The written consent of the prospective adoptive parent
to assume custody shall be filed with the petition. The identity of the prospective adoptive parent need not be disclosed
to the petitioner.
(3) A petition for relinquishment, together with the written consent to adoption, may be filed before the child's birth.
If the child is an Indian child as defined in 25 U.S.C. Sec.
1903(4), the petition and consent shall not be signed until at
least ten days after the child's birth and shall be recorded
before a court of competent jurisdiction pursuant to 25 U.S.C.
Sec. 1913(a). [1987 c 170 § 3; 1985 c 421 § 1; 1984 c 155 §
8.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.090
26.33.090 Petition for relinquishment—Hearing—
Temporary custody order—Notice—Order of relinquishment. (1) The court shall set a time and place for a hearing
on the petition for relinquishment. The hearing may not be
held sooner than forty-eight hours after the child's birth or the
signing of all necessary consents to adoption, whichever is
[Title 26 RCW—page 123]
26.33.100
Title 26 RCW: Domestic Relations
later. However, if the child is an Indian child, the hearing
shall not be held sooner than ten days after the child's birth,
and no consent shall be valid unless signed at least ten days
after the child's birth and recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). Except
where the child is an Indian child, the court may enter a temporary order giving custody of the child to the prospective
adoptive parent, if a preplacement report has been filed, or to
the department or agency to whom the child will be relinquished pending the court's hearing on the petition. If the
child is an Indian child, the court may enter a temporary custody order under this subsection only if the requirements of
25 U.S.C. Sec. 1913(a) regarding voluntary foster care placement have been satisfied.
(2) Notice of the hearing shall be served on any relinquishing parent or alleged father, and the department or
agency in the manner prescribed by RCW 26.33.310. If the
child is an Indian child, notice of the hearing shall also be
served on the child's tribe in the manner prescribed by RCW
26.33.310.
(3) The court may require the parent to appear personally
and enter his or her consent to adoption on the record. However, if the child is an Indian child, the court shall require the
consenting parent to appear personally before a court of competent jurisdiction to enter on the record his or her consent to
the relinquishment or adoption. The court shall determine
that any written consent has been validly executed, and if the
child is an Indian child, such court shall further certify that
the requirements of 25 U.S.C. Sec. 1913(a) have been satisfied. If the court determines it is in the best interests of the
child, the court shall approve the petition for relinquishment.
(4) If the court approves the petition, it shall award custody of the child to the department, agency, or prospective
adoptive parent, who shall be appointed legal guardian. The
legal guardian shall be financially responsible for support of
the child until further order of the court. The court shall also
enter an order pursuant to RCW 26.33.130 terminating the
parent-child relationship of the parent and the child.
(5) An order of relinquishment to an agency or the
department shall include an order authorizing the agency to
place the child with a prospective adoptive parent. [1987 c
170 § 4; 1985 c 421 § 2; 1984 c 155 § 9.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.100
26.33.100 Petition for termination—Who may file—
Contents—Time. (1) A petition for termination of the parent-child relationship of a parent or alleged father who has
not executed a written consent to adoption may be filed by:
(a) The department or an agency;
(b) The prospective adoptive parent to whom a child has
been or may be relinquished if the prospective adoptive parent has filed or consented to a petition for relinquishment; or
(c) The prospective adoptive parent if he or she seeks to
adopt the child of his or her spouse.
(2) The petition for termination of the parent-child relationship shall contain a statement of facts identifying the petitioner, the parents, the legal guardian, a guardian ad litem for
a party, any alleged father, and the child. The petition shall
state the facts forming the basis for the petition and shall be
signed under penalty of perjury or be verified.
[Title 26 RCW—page 124]
(3) The petition may be filed before the child's birth.
[1985 c 421 § 3; 1984 c 155 § 10.]
26.33.110
26.33.110 Petition for termination—Time and place
of hearing—Notice of hearing and petition—Contents.
(1) The court shall set a time and place for a hearing on the
petition for termination of the parent-child relationship,
which shall not be held sooner than forty-eight hours after the
child's birth. However, if the child is an Indian child, the hearing shall not be held sooner than ten days after the child's
birth and the time of the hearing shall be extended up to
twenty additional days from the date of the scheduled hearing
upon the motion of the parent, Indian custodian, or the child's
tribe.
(2) Notice of the hearing shall be served on the petitioner, the nonconsenting parent or alleged father, the legal
guardian of a party, and the guardian ad litem of a party, in
the manner prescribed by RCW 26.33.310. If the child is an
Indian child, notice of the hearing shall also be served on the
child's tribe in the manner prescribed by 25 U.S.C. Sec.
1912(a).
(3) Except as otherwise provided in this section, the
notice of the petition shall:
(a) State the date and place of birth. If the petition is filed
prior to birth, the notice shall state the approximate date and
location of conception of the child and the expected date of
birth, and shall identify the mother;
(b) Inform the nonconsenting parent or alleged father
that: (i) He or she has a right to be represented by counsel
and that counsel will be appointed for an indigent person who
requests counsel; and (ii) failure to respond to the termination
action within twenty days of service if served within the state
or thirty days if served outside of this state, will result in the
termination of his or her parent-child relationship with
respect to the child;
(c) Inform an alleged father that failure to file a claim of
paternity under chapter 26.26 RCW or to respond to the petition, within twenty days of the date of service of the petition
is grounds to terminate his parent-child relationship with
respect to the child;
(d) Inform an alleged father of an Indian child that if he
acknowledges paternity of the child or if his paternity of the
child is established prior to the termination of the parentchild relationship, that his parental rights may not be terminated unless he: (i) Gives valid consent to termination, or (ii)
his parent-child relationship is terminated involuntarily pursuant to chapter 26.33 or 13.34 RCW. [1995 c 270 § 5; 1987
c 170 § 5; 1985 c 421 § 4; 1984 c 155 § 11.]
Finding—1995 c 270: See note following RCW 74.13.118.
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.120
26.33.120 Termination—Grounds—Failure to
appear. (1) Except in the case of an Indian child and his or
her parent, the parent-child relationship of a parent may be
terminated upon a showing by clear, cogent, and convincing
evidence that it is in the best interest of the child to terminate
the relationship and that the parent has failed to perform
parental duties under circumstances showing a substantial
lack of regard for his or her parental obligations and is with(2004 Ed.)
Adoption
holding consent to adoption contrary to the best interest of the
child.
(2) Except in the case of an Indian child and his or her
alleged father, the parent-child relationship of an alleged
father who appears and claims paternity may be terminated
upon a showing by clear, cogent, and convincing evidence
that it is in the best interest of the child to terminate the relationship and that:
(a) The alleged father has failed to perform parental
duties under circumstances showing a substantial lack of
regard for his parental obligations and is withholding consent
to adoption contrary to the best interest of the child; or
(b) He is not the father.
(3) The parent-child relationship of a parent or an alleged
father may be terminated if the parent or alleged father fails
to appear after being notified of the hearing in the manner
prescribed by RCW 26.33.310.
(4) The parent-child relationship of an Indian child and
his or her parent or alleged father where paternity has been
claimed or established, may be terminated only pursuant to
the standards set forth in 25 U.S.C. Sec. 1912(f). [1987 c 170
§ 6; 1984 c 155 § 12.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.130
26.33.130 Termination order—Effect. (1) If the court
determines, after a hearing, that the parent-child relationship
should be terminated pursuant to RCW 26.33.090 or
26.33.120, the court shall enter an appropriate order terminating the parent-child relationship.
(2) An order terminating the parent-child relationship
divests the parent and the child of all legal rights, powers,
privileges, immunities, duties, and obligations with respect to
each other except past-due child support obligations owed by
the parent.
(3) The parent-child relationship may be terminated with
respect to one parent without affecting the parent-child relationship between the child and the other parent.
(4) The parent or alleged father whose parent-child relationship with the child has been terminated is not thereafter
entitled to notice of proceedings for the adoption of the child
by another, nor has the parent or alleged father any right to
contest the adoption or otherwise to participate in the proceedings unless an appeal from the termination order is pending or unless otherwise ordered by the court. [1984 c 155 §
13.]
26.33.140
26.33.140 Who may adopt or be adopted. (1) Any
person may be adopted, regardless of his or her age or residence.
(2) Any person who is legally competent and who is
eighteen years of age or older may be an adoptive parent.
[1984 c 155 § 14.]
26.33.150
26.33.150 Petition for adoption—Filing—Contents—
Preplacement report required. (1) An adoption proceeding
is initiated by filing with the court a petition for adoption. The
petition shall be filed by the prospective adoptive parent.
(2) A petition for adoption shall contain the following
information:
(a) The name and address of the petitioner;
(2004 Ed.)
26.33.160
(b) The name, if any, gender, and place and date of birth,
if known, of the adoptee;
(c) A statement that the child is or is not an Indian child
covered by the Indian Child Welfare Act; and
(d) The name and address of the department or any
agency, legal guardian, or person having custody of the child.
(3) The written consent to adoption of any person, the
department, or agency which has been executed shall be filed
with the petition.
(4) The petition shall be signed under penalty of perjury
by the petitioner. If the petitioner is married, the petitioner's
spouse shall join in the petition.
(5) If a preplacement report prepared pursuant to RCW
26.33.190 has not been previously filed with the court, the
preplacement report shall be filed with the petition for adoption. [1984 c 155 § 15.]
26.33.160
26.33.160 Consent to adoption—When revocable—
Procedure. (1) Except as otherwise provided in RCW
26.33.170, consent to an adoption shall be required of the following if applicable:
(a) The adoptee, if fourteen years of age or older;
(b) The parents and any alleged father of an adoptee
under eighteen years of age;
(c) An agency or the department to whom the adoptee
has been relinquished pursuant to RCW 26.33.080; and
(d) The legal guardian of the adoptee.
(2) Except as otherwise provided in subsection (4)(h) of
this section, consent to adoption is revocable by the consenting party at any time before the consent is approved by the
court. The revocation may be made in either of the following
ways:
(a) Written revocation may be delivered or mailed to the
clerk of the court before approval; or
(b) Written revocation may be delivered or mailed to the
clerk of the court after approval, but only if it is delivered or
mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of
the child. The prior notice of revocation shall be given to the
agency or person who sought the consent and may be either
oral or written.
(3) Except as provided in subsections (2)(b) and (4)(h) of
this section and in this subsection, a consent to adoption may
not be revoked after it has been approved by the court. Within
one year after approval, a consent may be revoked for fraud
or duress practiced by the person, department, or agency
requesting the consent, or for lack of mental competency on
the part of the person giving the consent at the time the consent was given. A written consent to adoption may not be
revoked more than one year after it is approved by the court.
(4) Except as provided in (h) of this subsection, the written consent to adoption shall be signed under penalty of perjury and shall state that:
(a) It is given subject to approval of the court;
(b) It has no force or effect until approved by the court;
(c) The birth parent is or is not of Native American or
Alaska native ancestry;
(d) The consent will not be presented to the court until
forty-eight hours after it is signed or forty-eight hours after
the birth of the child, whichever occurs later;
[Title 26 RCW—page 125]
26.33.170
Title 26 RCW: Domestic Relations
(e) It is revocable by the consenting party at any time
before its approval by the court. It may be revoked in either
of the following ways:
(i) Written revocation may be delivered or mailed to the
clerk of the court before approval of the consent by the court;
or
(ii) Written revocation may be delivered or mailed to the
clerk of the court after approval, but only if it is delivered or
mailed within forty-eight hours after a prior notice of revocation that was given within forty-eight hours after the birth of
the child. The prior notice of revocation shall be given to the
agency or person who sought the consent and may be either
oral or written;
(f) The address of the clerk of court where the consent
will be presented is included;
(g) Except as provided in (h) of this subsection, after it
has been approved by the court, the consent is not revocable
except for fraud or duress practiced by the person, department, or agency requesting the consent or for lack of mental
competency on the part of the person giving the consent at the
time the consent was given. A written consent to adoption
may not be revoked more than one year after it is approved by
the court;
(h) In the case of a consent to an adoption of an Indian
child, no consent shall be valid unless the consent is executed
in writing more than ten days after the birth of the child and
unless the consent is recorded before a court of competent
jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). Consent may
be withdrawn for any reason at any time prior to the entry of
the final decree of adoption. Consent may be withdrawn for
fraud or duress within two years of the entry of the final
decree of adoption. Revocation of the consent prior to a final
decree of adoption, may be delivered or mailed to the clerk of
the court or made orally to the court which shall certify such
revocation. Revocation of the consent is effective if received
by the clerk of the court prior to the entry of the final decree
of adoption or made orally to the court at any time prior to the
entry of the final decree of adoption. Upon withdrawal of
consent, the court shall return the child to the parent unless
the child has been taken into custody pursuant to RCW
13.34.050 or 26.44.050, placed in shelter care pursuant to
RCW 13.34.060, or placed in foster care pursuant to RCW
13.34.130; and
(i) The following statement has been read before signing
the consent:
I understand that my decision to relinquish the child
is an extremely important one, that the legal effect
of this relinquishment will be to take from me all
legal rights and obligations with respect to the child,
and that an order permanently terminating all of my
parental rights to the child will be entered. I also
understand that there are social services and counseling services available in the community, and that
there may be financial assistance available through
state and local governmental agencies.
(5) A written consent to adoption which meets all the
requirements of this chapter but which does not name or otherwise identify the adopting parent is valid if it contains a
statement that it is voluntarily executed without disclosure of
the name or other identification of the adopting parent.
[Title 26 RCW—page 126]
(6) There must be a witness to the consent of the parent
or alleged father. The witness must be at least eighteen years
of age and selected by the parent or alleged father. The consent document shall contain a statement identifying by name,
address, and relationship the witness selected by the parent or
alleged father. [1991 c 136 § 2; 1990 c 146 § 2; 1987 c 170 §
7; 1985 c 421 § 5; 1984 c 155 § 16.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.170
26.33.170 Consent to adoption—When not required.
(1) An agency's, the department's, or a legal guardian's consent to adoption may be dispensed with if the court determines by clear, cogent and convincing evidence that the proposed adoption is in the best interests of the adoptee.
(2) An alleged father's, birth parent's, or parent's consent
to adoption may be dispensed with if the court finds that the
proposed adoption is in the best interests of the adoptee and:
(a) The alleged father, birth parent, or parent has been
found guilty of rape under chapter 9A.44 RCW or incest
under RCW 9A.64.020, where the adoptee was the victim of
the rape or incest; or
(b) The alleged father, birth parent, or parent has been
found guilty of rape under chapter 9A.44 RCW or incest
under RCW 9A.64.020, where the other parent of the adoptee
was the victim of the rape or incest and the adoptee was conceived as a result of the rape or incest.
(3) Nothing in this section shall be construed to eliminate
the notice provisions of this chapter. [1999 c 173 § 1; 1988 c
203 § 1; 1984 c 155 § 17.]
Severability—1999 c 173: See note following RCW 13.34.125.
26.33.180
26.33.180 Preplacement report required before
placement with adoptive parents—Exception. Except as
provided in RCW 26.33.220, a child shall not be placed with
prospective adoptive parents until a preplacement report has
been filed with the court. [1984 c 155 § 18.]
26.33.190
26.33.190 Preplacement report—Requirements—
Fees. (1) Any person may at any time request an agency, the
department, an individual approved by the court, or a qualified salaried court employee to prepare a preplacement
report. A certificate signed under penalty of perjury by the
person preparing the report specifying his or her qualifications as required in this chapter shall be attached to or filed
with each preplacement report and shall include a statement
of training or experience that qualifies the person preparing
the report to discuss relevant adoption issues. A person may
have more than one preplacement report prepared. All preplacement reports shall be filed with the court in which the
petition for adoption is filed.
(2) The preplacement report shall be a written document
setting forth all relevant information relating to the fitness of
the person requesting the report as an adoptive parent. The
report shall be based on a study which shall include an investigation of the home environment, family life, health, facilities, and resources of the person requesting the report. The
report shall include a list of the sources of information on
which the report is based. The report shall include a recommendation as to the fitness of the person requesting the report
to be an adoptive parent. The report shall also verify that the
(2004 Ed.)
Adoption
following issues were discussed with the prospective adoptive parents:
(a) The concept of adoption as a lifelong developmental
process and commitment;
(b) The potential for the child to have feelings of identity
confusion and loss regarding separation from the birth parents;
(c) Disclosure of the fact of adoption to the child;
(d) The child's possible questions about birth parents and
relatives; and
(e) The relevance of the child's racial, ethnic, and cultural heritage.
(3) All preplacement reports shall include an investigation of the conviction record, pending charges, or disciplinary
board final decisions of prospective adoptive parents. The
investigation shall include an examination of state and
national criminal identification data provided by the Washington state patrol criminal identification system as described
in chapter 43.43 RCW.
(4) An agency, the department, or a court approved individual may charge a reasonable fee based on the time spent in
conducting the study and preparing the preplacement report.
The court may set a reasonable fee for conducting the study
and preparing the report when a court employee has prepared
the report. An agency, the department, a court approved individual, or the court may reduce or waive the fee if the financial condition of the person requesting the report so warrants.
An agency's, the department's, or court approved individual's,
fee is subject to review by the court upon request of the person requesting the report.
(5) The person requesting the report shall designate to
the agency, the department, the court approved individual, or
the court in writing the county in which the preplacement
report is to be filed. If the person requesting the report has not
filed a petition for adoption, the report shall be indexed in the
name of the person requesting the report and a cause number
shall be assigned. A fee shall not be charged for filing the
report. The applicable filing fee may be charged at the time a
petition governed by this chapter is filed. Any subsequent
preplacement reports shall be filed together with the original
report.
(6) A copy of the completed preplacement report shall be
delivered to the person requesting the report.
(7) A person may request that a report not be completed.
A reasonable fee may be charged for the value of work done.
[1991 c 136 § 3; 1990 c 146 § 3; 1984 c 155 § 19.]
26.33.200 Post-placement report—Requirements—
Exception—Fees. (1) Except as provided in RCW
26.33.220, at the time the petition for adoption is filed, the
court shall order a post-placement report made to determine
the nature and adequacy of the placement and to determine if
the placement is in the best interest of the child. The report
shall be prepared by an agency, the department, an individual
approved by the court, or a qualified salaried court employee
appointed by the court. A certificate signed under penalty of
perjury by the person preparing the report specifying his or
her qualifications as required in this chapter shall be attached
to or filed with each post-placement report. The report shall
be in writing and contain all reasonably available information
concerning the physical and mental condition of the child,
26.33.200
(2004 Ed.)
26.33.240
home environment, family life, health, facilities and
resources of the petitioners, and any other facts and circumstances relating to the propriety and advisability of the adoption. The report shall also include, if relevant, information on
the child's special cultural heritage, including membership in
any Indian tribe or band. The report shall be filed within sixty
days of the date of appointment, unless the time is extended
by the court. The preplacement report shall be made available
to the person appointed to make the post-placement report.
(2) A fee may be charged for preparation of the postplacement report in the same manner as for a preplacement
report under RCW 26.33.190. [1990 c 146 § 4; 1984 c 155 §
20.]
26.33.210
26.33.210 Preplacement or post-placement report—
Department or agency may make report. The department
or an agency having the custody of a child may make the preplacement or post-placement report on a petitioner for the
adoption of that child. [1984 c 155 § 21.]
26.33.220
26.33.220 Preplacement and post-placement
reports—When not required. Unless otherwise ordered by
the court, the reports required by RCW 26.33.190 are not
required if the petitioner seeks to adopt the child of the petitioner's spouse. The reports required by RCW 26.33.190 and
26.33.200 are not required if the adoptee is eighteen years of
age or older. [1984 c 155 § 22.]
26.33.230
26.33.230 Notice of proceedings at which preplacement reports considered—Contents—Proof of service—
Appearance—Waiver. The petitioner shall give not less
than three days written notice of any proceeding at which a
preplacement report will be considered to all agencies, any
court approved individual, or any court employee requested
by the petitioner to make a preplacement report. The notice
shall state the name of the petitioner, the cause number of the
proceeding, the time and place of the hearing, and the object
of the hearing. Proof of service on the agency or court
approved individual in form satisfactory to the court shall be
furnished. The agency or court approved individual may
appear at the hearing and give testimony concerning any matters relevant to the relinquishment or the adoption and its recommendation as to the fitness of petitioners as parents. The
agency or court approved individual may in writing acknowledge notice and state to the court that the agency or court
approved individual does not desire to participate in the hearing or the agency or court approved individual may in writing
waive notice of any hearing. [1984 c 155 § 24.]
26.33.240
26.33.240 Petition for adoption—Hearing—Notice—
Disposition. (1) After the reports required by RCW
26.33.190 and 26.33.200 have been filed, the court shall
schedule a hearing on the petition for adoption upon request
of the petitioner for adoption. Notice of the date, time, and
place of hearing shall be given to the petitioner and any person or agency whose consent to adoption is required under
RCW 26.33.160, unless the person or agency has waived in
writing the right to receive notice of the hearing. If the child
is an Indian child, notice shall also be given to the child's
[Title 26 RCW—page 127]
26.33.250
Title 26 RCW: Domestic Relations
tribe. Notice shall be given in the manner prescribed by RCW
26.33.310.
(2) Notice of the adoption hearing shall also be given to
any person who or agency which has prepared a preplacement report. The notice shall be given in the manner prescribed by RCW 26.33.230.
(3) If the court determines, after review of the petition,
preplacement and post-placement reports, and other evidence
introduced at the hearing, that all necessary consents to adoption are valid or have been dispensed with pursuant to RCW
26.33.170 and that the adoption is in the best interest of the
adoptee, and, in the case of an adoption of an Indian child,
that the adoptive parents are within the placement preferences of 25 U.S.C. Sec. 1915 or good cause to the contrary
has been shown on the record, the court shall enter a decree
of adoption pursuant to RCW 26.33.250.
(4) If the court determines the petition should not be
granted because the adoption is not in the best interest of the
child, the court shall make appropriate provision for the care
and custody of the child. [1987 c 170 § 8; 1984 c 155 § 23.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.250
26.33.250 Decree of adoption—Determination of
place and date of birth. (1) A decree of adoption shall provide, as a minimum, the following information:
(a) The full original name of the person to be adopted;
(b) The full name of each petitioner for adoption;
(c) Whether the petitioner or petitioners are husband and
wife, stepparent, or a single parent;
(d) The full new name of the person adopted, unless the
name of the adoptee is not to be changed;
(e) Information to be incorporated in any new certificate
of birth to be issued by the state or territorial registrar of vital
records; and
(f) The adoptee's date of birth and place of birth as determined under subsection (3) of this section.
(2) Except for the names of the person adopted and the
petitioner, information set forth in the decree that differs from
that shown on the original birth certificate, alternative birth
record, or other information used in lieu of such a record shall
be included in the decree only upon a clear showing that the
information in the original record is erroneous.
(3) In determining the date and place of birth of a person
born outside the United States, the court shall:
(a) If available, enter in the decree the exact date and
place of birth as stated in the birth certificate from the country
of origin or in the United States department of state's report of
birth abroad or in the documents of the United States immigration and naturalization service;
(b) If the exact place of birth is unknown, enter in the
decree such information as may be known and designate a
place of birth in the country of origin;
(c) If the exact date of birth is unknown, determine a date
of birth based upon medical testimony as to the probable
chronological age of the adoptee and other evidence regarding the adoptee's age that the court finds appropriate to consider;
(d) In any other case where documents of the United
States immigration and naturalization service are not available, the court shall determine the date and place of birth
[Title 26 RCW—page 128]
based upon such evidence as the court in its discretion determines appropriate. [1984 c 155 § 25.]
26.33.260
26.33.260 Decree of adoption—Effect—Accelerated
appeal—Limited grounds to challenge—Intent. (1) The
entry of a decree of adoption divests any parent or alleged
father who is not married to the adoptive parent or who has
not joined in the petition for adoption of all legal rights and
obligations in respect to the adoptee, except past-due child
support obligations. The adoptee shall be free from all legal
obligations of obedience and maintenance in respect to the
parent. The adoptee shall be, to all intents and purposes, and
for all legal incidents, the child, legal heir, and lawful issue of
the adoptive parent, entitled to all rights and privileges,
including the right of inheritance and the right to take under
testamentary disposition, and subject to all the obligations of
a natural child of the adoptive parent.
(2) Any appeal of an adoption decree shall be decided on
an accelerated review basis.
(3) Except as otherwise provided in RCW 26.33.160 (3)
and (4)(h), no person may challenge an adoption decree on
the grounds of:
(a) A person claiming or alleging paternity subsequently
appears and alleges lack of prior notice of the proceeding; or
(b) The adoption proceedings were in any other manner
defective.
(4) It is the intent of the legislature that this section provide finality for adoptive placements and stable homes for
children. [1995 c 270 § 7; 1984 c 155 § 26.]
Finding—1995 c 270: See note following RCW 74.13.118.
Inheritance by adopted child: RCW 11.04.085.
26.33.270
26.33.270 Decree of adoption—Protection of certain
rights and benefits. An order or decree entered under this
chapter shall not disentitle a child to any benefit due the child
from any third person, agency, state, or the United States.
Action under this chapter shall not affect any rights and benefits that a native American child derives from the child's
descent from a member of an Indian tribe or band. [1984 c
155 § 27.]
26.33.280
26.33.280 Decree of adoption—Transmittal to state
registrar of vital statistics. After a decree of adoption is
entered, as soon as the time for appeal has expired, or if an
appeal is taken, and the adoption is affirmed on appeal, the
clerk of the court shall transmit to the state registrar of vital
statistics a certified copy of the decree, along with any additional information and fees required by the registrar. [1984 c
155 § 28.]
26.33.290
26.33.290 Decree of adoption—Duties of state registrar of vital statistics. Upon receipt of a decree of adoption,
the state registrar of vital statistics shall:
(1) Return the decree to the court clerk if all information
required by RCW 26.33.250 is not included in the decree;
(2) If the adoptee was born in a state other than Washington, or in a territory of the United States, forward the certificate of adoption to the appropriate health record recording
agency of the state or territory of the United States in which
the birth occurred;
(2004 Ed.)
Adoption
(3) If the adoptee was born outside of the United States
or its territories, issue a new certificate of birth by the office
of the state registrar of vital statistics which reflects the information contained in the decree. [1984 c 155 § 29.]
26.33.320
certificate shall not be issued showing the petitioner as the
parent of any child adopted in the state of Washington until a
data card has been completed and filed. [1991 c 3 § 288;
1990 c 146 § 5; 1984 c 155 § 30.]
Vital statistics: Chapter 70.58 RCW.
26.33.310
26.33.295 Open adoption agreements—Agreed
orders—Enforcement. (1) Nothing in this chapter shall be
construed to prohibit the parties to a proceeding under this
chapter from entering into agreements regarding communication with or contact between child adoptees, adoptive parents,
and a birth parent or parents.
(2) Agreements regarding communication with or contact between child adoptees, adoptive parents, and a birth parent or parents shall not be legally enforceable unless the
terms of the agreement are set forth in a written court order
entered in accordance with the provisions of this section. The
court shall not enter a proposed order unless the terms of such
order have been approved in writing by the prospective adoptive parents, any birth parent whose parental rights have not
previously been terminated, and, if the child is in the custody
of the department or a licensed child-placing agency, a representative of the department or child-placing agency. If the
child is represented by an attorney or guardian ad litem in a
proceeding under this chapter or in any other child-custody
proceeding, the terms of the proposed order also must be
approved in writing by the child's representative. An agreement under this section need not disclose the identity of the
parties to be legally enforceable. The court shall not enter a
proposed order unless the court finds that the communication
or contact between the child adoptee, the adoptive parents,
and a birth parent or parents as agreed upon and as set forth in
the proposed order, would be in the child adoptee's best interests.
(3) Failure to comply with the terms of an agreed order
regarding communication or contact that has been entered by
the court pursuant to this section shall not be grounds for setting aside an adoption decree or revocation of a written consent to an adoption after that consent has been approved by
the court as provided in this chapter.
(4) An agreed order entered pursuant to this section may
be enforced by a civil action and the prevailing party in that
action may be awarded, as part of the costs of the action, a
reasonable amount to be fixed by the court as attorneys' fees.
The court shall not modify an agreed order under this section
unless it finds that the modification is necessary to serve the
best interests of the child adoptee, and that: (a) The modification is agreed to by the adoptive parent and the birth parent
or parents; or (b) exceptional circumstances have arisen since
the agreed order was entered that justify modification of the
order. [1990 c 285 § 4.]
26.33.295
Findings—Purpose—Severability—1990 c 285: See notes following
RCW 74.04.005.
26.33.300 Adoption statistical data. The department
of health shall be a depository for statistical data concerning
adoption. It shall furnish to the clerk of each county a data
card which shall be completed and filed with the clerk on
behalf of each petitioner. The clerk shall forward the completed cards to the department of health which shall compile
the data and publish reports summarizing the data. A birth
26.33.300
(2004 Ed.)
26.33.310 Notice—Requirements—Waiver. (1) Petitions governed by this chapter shall be served in the manner
as set forth in the superior court civil rules. Subsequent
notice, papers, and pleadings may be served in the manner
provided in superior court civil rules.
(2) If personal service on any parent or alleged father
who has not consented to the termination of his or her parental rights can be given, the summons and notice of hearing on
the petition to terminate parental rights shall be served at least
twenty days before the hearing date if served within the state
or thirty days if served outside of this state.
(3) If personal service on the parent or any alleged father,
either within or without this state, cannot be given, notice
shall be given: (a) By first class and registered mail, mailed
at least thirty days before the hearing to the person's last
known address; and (b) by publication at least once a week
for three consecutive weeks with the first publication date at
least thirty days before the hearing. Publication shall be in a
legal newspaper in the city or town of the last known address
within the United States and its territories of the parent or
alleged father, whether within or without this state, or, if no
address is known to the petitioner, publication shall be in the
city or town of the last known whereabouts within the United
States and its territories; or if no address or whereabouts are
known to the petitioner or the last known address is not
within the United States and its territories, in the city or town
where the proceeding has been commenced.
(4) Notice and appearance may be waived by the department, an agency, a parent, or an alleged father before the
court or in a writing signed under penalty of perjury. The
waiver shall contain the current address of the department,
agency, parent, or alleged father. The face of the waiver for a
hearing on termination of the parent-child relationship shall
contain language explaining the meaning and consequences
of the waiver and the meaning and consequences of termination of the parent-child relationship. A person or agency who
has executed a waiver shall not be required to appear except
in the case of an Indian child where consent to termination or
adoption must be certified before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a).
(5) If a person entitled to notice is known to the petitioner to be unable to read or understand English, all notices,
if practicable, shall be given in that person's native language
or through an interpreter.
(6) Where notice to an Indian tribe is to be provided pursuant to this chapter and the department is not a party to the
proceeding, notice shall be given to the tribe at least ten business days prior to the hearing by registered mail return receipt
requested. [1995 c 270 § 6; 1987 c 170 § 9; 1985 c 421 § 6;
1984 c 155 § 31.]
Finding—1995 c 270: See note following RCW 74.13.118.
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.320
26.33.320 Adoption of hard to place children—
Court's consideration of state's agreement with prospec[Title 26 RCW—page 129]
26.33.330
Title 26 RCW: Domestic Relations
tive adoptive parents. (1) In deciding whether to grant a
petition for adoption of a hard to place child and in reviewing
any request for the vacation or modification of a decree of
adoption, the superior court shall consider any agreement
made or proposed to be made between the department and
any prospective adoptive parent for any payment or payments
which have been provided or which are to be provided by the
department in support of the adoption of such child. Before
the date of the hearing on the petition to adopt, vacate, or
modify an adoption decree, the department shall file as part
of the adoption file with respect to the child a copy of any initial agreement, together with any changes made in the agreement, or in the related standards.
(2) If the court, in its judgment, finds the provision made
in an agreement to be inadequate, it may make any recommendation as it deems warranted with respect to the agreement to the department. The court shall not, however, solely
by virtue of this section, be empowered to direct the department to make payment. This section shall not be deemed to
limit any other power of the superior court with respect to the
adoption and any related matter. [1984 c 155 § 32.]
26.33.330
26.33.330 Records sealed—Inspection—Fee. (1) All
records of any proceeding under this chapter shall be sealed
and shall not be thereafter open to inspection by any person
except upon order of the court for good cause shown, or
except by using the procedure described in RCW 26.33.343.
In determining whether good cause exists, the court shall
consider any certified statement on file with the department
of health as provided in RCW 26.33.347.
(2) The state registrar of vital statistics may charge a reasonable fee for the review of any of its sealed records. [1996
c 243 § 3; 1990 c 145 § 3; 1984 c 155 § 33.]
Finding—1996 c 243: See note following RCW 26.33.347.
26.33.340
26.33.340 Department, agency, and court files confidential—Limited disclosure of information. Department,
agency, and court files regarding an adoption shall be confidential except that reasonably available nonidentifying information may be disclosed upon the written request for the
information from the adoptive parent, the adoptee, or the
birth parent. If the adoption facilitator refuses to disclose
nonidentifying information, the individual may petition the
superior court. Identifying information may also be disclosed
through the procedure described in RCW 26.33.343. [1993 c
81 § 2; 1990 c 145 § 4; 1984 c 155 § 34.]
26.33.343
26.33.343 Search for birth parent or adopted child—
Confidential intermediary. (1) An adopted person over the
age of twenty-one years, or under twenty-one with the permission of the adoptive parent, or a birth parent or member of
the birth parent's family after the adoptee has reached the age
of twenty-one may petition the court to appoint a confidential
intermediary. A petition under this section shall state whether
a certified statement is on file with the department of health
as provided for in RCW 26.33.347 and shall also state the
intent of the adoptee as set forth in any such statement. The
intermediary shall search for and discreetly contact the birth
parent or adopted person, or if they are not alive or cannot be
located within one year, the intermediary may attempt to
[Title 26 RCW—page 130]
locate members of the birth parent or adopted person's family. These family members shall be limited to the natural
grandparents of the adult adoptee, a brother or sister of a natural parent, or the child of a natural parent. The court, for
good cause shown, may allow a relative more distant in
degree to petition for disclosure.
(2)(a) Confidential intermediaries appointed under this
section shall complete training provided by a licensed adoption service or another court-approved entity and file an oath
of confidentiality and a certificate of completion of training
with the superior court of every county in which they serve as
intermediaries. The court may dismiss an intermediary if the
intermediary engages in conduct which violates professional
or ethical standards.
(b) The confidential intermediary shall sign a statement
of confidentiality substantially as follows:
I, . . . . . ., signing under penalty of contempt of court,
state: "As a condition of appointment as a confidential intermediary, I affirm that, when adoption records are opened to
me:
I will not disclose to the petitioner, directly or indirectly,
any identifying information in the records without further
order from the court.
I will conduct a diligent search for the person being
sought and make a discreet and confidential inquiry as to
whether that person will consent to being put in contact with
the petitioner, and I will report back to the court the results of
my search and inquiry.
If the person sought consents to be put in contact with the
petitioner, I will attempt to obtain a dated, written consent
from the person, and attach the original of the consent to my
report to the court. If the person sought does not consent to
the disclosure of his or her identity, I shall report the refusal
of consent to the court.
I will not make any charge or accept any compensation
for my services except as approved by the court, or as reimbursement from the petitioner for actual expenses incurred in
conducting the search. These expenses will be listed in my
report to the court.
I recognize that unauthorized release of confidential
information may subject me to civil liability under state law,
and subjects me to being found in contempt of court."
/s/
date
(c) The confidential intermediary shall be entitled to
reimbursement from the petitioner for actual expenses in conducting the search. The court may authorize a reasonable fee
in addition to these expenses.
(3) If the confidential intermediary is unable to locate the
person being sought within one year, the confidential intermediary shall make a recommendation to the court as to
whether or not a further search is warranted, and the reasons
for this recommendation.
(4) In the case of a petition filed on behalf of a natural
parent or other blood relative of the adoptee, written consent
of any living adoptive parent shall be obtained prior to contact with the adoptee if the adoptee:
(a) Is less than twenty-five years of age and is residing
with the adoptive parent; or
(b) Is less than twenty-five years of age and is a dependent of the adoptive parent.
(2004 Ed.)
Adoption
(5) If the confidential intermediary locates the person
being sought, a discreet and confidential inquiry shall be
made as to whether or not that person will consent to having
his or her present identity disclosed to the petitioner. The
identity of the petitioner shall not be disclosed to the party
being sought. If the party being sought consents to the disclosure of his or her identity, the confidential intermediary shall
obtain the consent in writing and shall include the original of
the consent in the report filed with the court. If the party
being sought refuses disclosure of his or her identity, the confidential intermediary shall report the refusal to the court and
shall refrain from further and subsequent inquiry without
judicial approval.
(6)(a) If the confidential intermediary obtains from the
person being sought written consent for disclosure of his or
her identity to the petitioner, the court may then order that the
name and other identifying information of that person be
released to the petitioner.
(b) If the person being sought is deceased, the court may
order disclosure of the identity of the deceased to the petitioner.
(c) If the confidential intermediary is unable to contact
the person being sought within one year, the court may order
that the search be continued for a specified time or be terminated. [1996 c 243 § 4; 1990 c 145 § 1.]
Finding—1996 c 243: See note following RCW 26.33.347.
26.33.345
26.33.345 Search for birth parent or adopted child—
Limited release of information—Noncertified copies of
original birth certificate. (1) The department of social and
health services, adoption agencies, and independent adoption
facilitators shall release the name and location of the court
where a relinquishment of parental rights or finalization of an
adoption took place to an adult adoptee, a birth parent of an
adult adoptee, an adoptive parent, a birth or adoptive grandparent of an adult adoptee, or an adult sibling of an adult
adoptee, or the legal guardian of any of these.
(2) The department of health shall make available a noncertified copy of the original birth certificate of a child to the
child's birth parents upon request.
(3) For adoptions finalized after October 1, 1993, the
department of health shall make available a noncertified copy
of the original birth certificate to the adoptee after the adoptee's eighteenth birthday unless the birth parent has filed an
affidavit of nondisclosure. [1993 c 81 § 3; 1990 c 145 § 2.]
26.33.347
26.33.347 Consent or refusal to release adoptee's
identifying information—Desire to be contacted—Certified statement. (1) An adopted person over the age of eighteen may file with the department of health a certified statement declaring any one or more of the following:
(a) The adoptee refuses to consent to the release of any
identifying information to a biological parent, biological sibling, or other biological relative and does not wish to be contacted by a confidential intermediary except in the case of a
medical emergency as determined by a court of competent
jurisdiction;
(b) The adoptee consents to the release of any identifying
information to a confidential intermediary appointed under
(2004 Ed.)
26.33.350
RCW 26.33.343, a biological parent, biological sibling, or
other biological relative;
(c) The adoptee desires to be contacted by his or her biological parents, biological siblings, other biological relatives,
or a confidential intermediary appointed under RCW
26.33.343;
(d) The current name, address, and telephone number of
the adoptee who desires to be contacted.
(2) The certified statement shall be filed with the department of health and placed with the adoptee's original birth
certificate if the adoptee was born in this state, or in a separate registry file for reference purposes if the adoptee was
born in another state or outside of the United States. When
the statement includes a request for confidentiality or a
refusal to consent to the disclosure of identifying information, a prominent notice stating substantially the following
shall also be placed at the front of the file: "AT THE
REQUEST OF THE ADOPTEE, ALL RECORDS AND
IDENTIFYING INFORMATION RELATING TO THIS
ADOPTION SHALL REMAIN CONFIDENTIAL AND
SHALL NOT BE DISCLOSED OR RELEASED WITHOUT A COURT ORDER SO DIRECTING."
(3) An adopted person who files a certified statement
under subsection (1) of this section may subsequently file
another certified statement requesting to rescind or amend the
prior certified statement. [1996 c 243 § 2.]
Finding—1996 c 243: "The legislature finds that it is in the best interest
of the people of the state of Washington to support the adoption process in a
variety of ways, including protecting the privacy interests of adult adoptees
when the confidential intermediary process is used." [1996 c 243 § 1.]
26.33.350
26.33.350 Medical reports—Requirements. (1)
Every person, firm, society, association, corporation, or state
agency receiving, securing a home for, or otherwise caring
for a minor child shall transmit to the prospective adopting
parent prior to placement and shall make available to all persons with whom a child has been placed by adoption a complete medical report containing all known and available
information concerning the mental, physical, and sensory
handicaps of the child.
(2) The report shall not reveal the identity of the birth
parent of the child except as authorized under this chapter but
shall include any known or available mental or physical
health history of the birth parent that needs to be known by
the adoptive parent to facilitate proper health care for the
child or that will assist the adoptive parent in maximizing the
developmental potential of the child.
(3) Where known or available, the information provided
shall include:
(a) A review of the birth family's and the child's previous
medical history, including the child's x-rays, examinations,
hospitalizations, and immunizations. After July 1, 1992,
medical histories shall be given on a standardized reporting
form developed by the department;
(b) A physical exam of the child by a licensed physician
with appropriate laboratory tests and x-rays;
(c) A referral to a specialist if indicated; and
(d) A written copy of the evaluation with recommendations to the adoptive family receiving the report.
(4) Entities and persons obligated to provide information
under this section shall make reasonable efforts to locate
[Title 26 RCW—page 131]
26.33.360
Title 26 RCW: Domestic Relations
records and information concerning the child's mental, physical, and sensory handicaps. The entities or persons providing
the information have no duty, beyond providing the information, to explain or interpret the records or information regarding the child's present or future health. [1994 c 170 § 1; 1991
c 136 § 4; 1990 c 146 § 6; 1989 c 281 § 1; 1984 c 155 § 37.]
26.33.360
26.33.360 Petition by natural parent to set aside
adoption—Costs—Time limit. (1) If a natural parent
unsuccessfully petitions to have an adoption set aside, the
court shall award costs, including reasonable attorneys' fees,
to the adoptive parent.
(2) If a natural parent successfully petitions to have an
adoption set aside, the natural parent shall be liable to the
adoptive parent for both the actual expenditures and the value
of services rendered by the adoptive parents in caring for the
child.
(3) A natural parent who has executed a written consent
to adoption shall not bring an action to set aside an adoption
more than one year after the date the court approved the written consent. [1984 c 155 § 35.]
26.33.370
26.33.370 Permanent care and custody of a child—
Assumption, relinquishment, or transfer except by court
order or statute, when prohibited—Penalty. (1) Unless
otherwise permitted by court order or statute, it is unlawful
for any person, partnership, society, association, or corporation, except the parents, to assume the permanent care and
custody of a child. Unless otherwise permitted by court order
or statute, it is unlawful for any parent to relinquish or transfer to another person, partnership, society, association, or
corporation the permanent care and custody of any child for
adoption or any other purpose.
(2) Any relinquishment or transfer in violation of this
section shall be void.
(3) Violation of this section is a gross misdemeanor.
[1984 c 155 § 36.]
26.33.380
26 . 33 . 3 80 F am ily a nd so c ial hist o r y r e p ort
required—Identity of birth parents confidential. (1)
Every person, firm, society, association, corporation, or state
agency receiving, securing a home for, or otherwise caring
for a minor child shall transmit to the prospective adopting
parent prior to placement and shall make available to all persons with whom a child has been placed by adoption, a family
background and child and family social history report, which
includes a chronological history of the circumstances surrounding the adoptive placement and any available psychiatric reports, psychological reports, court reports pertaining to
dependency or custody, or school reports. Such reports or
information shall not reveal the identity of the birth parents of
the child but shall contain reasonably available nonidentifying information.
(2) Entities and persons obligated to provide information
under this section shall make reasonable efforts to locate
records and information concerning the child's family background and social history. The entities or persons providing
the information have no duty, beyond providing the information, to explain or interpret the records or information regard[Title 26 RCW—page 132]
ing the child's mental or physical health. [1994 c 170 § 2;
1993 c 81 § 4; 1989 c 281 § 2.]
26.33.385
26.33.385 Standards for locating records and information—Rules. The department shall adopt rules, in consultation with affected parties, establishing minimum standards
for making reasonable efforts to locate records and information relating to adoptions as required under RCW 26.33.350
and 26.33.380. [1994 c 170 § 3.]
26.33.390
26.33.390 Information on adoption-related services.
(1) All persons adopting a child through the department shall
receive written information on the department's adoptionrelated services including, but not limited to, adoption support, family reconciliation services, archived records, mental
health, and developmental disabilities.
(2) Any person adopting a child shall receive from the
adoption facilitator written information on adoption-related
services. This information may be that published by the
department or any other social service provider and shall
include information about how to find and evaluate appropriate adoption therapists, and may include other resources for
adoption-related issues.
(3) Any person involved in providing adoption-related
services shall respond to requests for written information by
providing materials explaining adoption procedures, practices, policies, fees, and services. [1991 c 136 § 5; 1990 c 146
§ 7; 1989 c 281 § 3.]
26.33.400
26.33.400 Advertisements—Prohibitions—Exceptions—Application of consumer protection act. (1) Unless
the context clearly requires otherwise, "advertisement"
means communication by newspaper, radio, television, handbills, placards or other print, broadcast, or the electronic
medium. This definition applies throughout this section.
(2) No person or entity shall cause to be published for
circulation, or broadcast on a radio or television station,
within the geographic borders of this state, an advertisement
of a child or children offered or wanted for adoption, or shall
hold himself or herself out through such advertisement as
having the ability to place, locate, dispose, or receive a child
or children for adoption unless such person or entity is:
(a) A duly authorized agent, contractee, or employee of
the department or a children's agency or institution licensed
by the department to care for and place children;
(b) A person who has a completed preplacement report
as set forth in RCW 26.33.190 (1) and (2) or chapter 26.34
RCW with a favorable recommendation as to the fitness of
the person to be an adoptive parent, or such person's duly
authorized uncompensated agent, or such person's attorney
who is licensed to practice in the state. Verification of compliance with the requirements of this section shall consist of a
written declaration by the person or entity who prepared the
preplacement report.
Nothing in this section prohibits an attorney licensed to
practice in Washington state from advertising his or her
availability to practice or provide services related to the
adoption of children.
(3) A violation of subsection (2) of this section is a matter affecting the public interest for the purpose of applying
(2004 Ed.)
Interstate Compact on Placement of Children
chapter 19.86 RCW. A violation of subsection (2) of this section is not reasonable in relation to the development and preservation of business. A violation of subsection (2) of this section constitutes an unfair or deceptive act or practice in trade
or commerce for the purpose of applying chapter 19.86
RCW. [1991 c 136 § 6; 1989 c 255 § 1.]
26.33.410
26.33.410 Advertisements—Exemption. Nothing in
RCW 26.33.400 applies to any radio or television station or
any publisher, printer, or distributor of any newspaper, magazine, billboard, or other advertising medium which accepts
advertising in good faith without knowledge of its violation
of any provision of RCW 26.33.400. [1989 c 255 § 2.]
26.33.900
26.33.900 Effective date—Application—1984 c 155.
This act shall take effect January 1, 1985. Any proceeding
initiated before January 1, 1985, shall be governed by the law
in effect on the date the proceeding was initiated. [1984 c
155 § 41.]
26.33.901
26.33.901 Severability—1984 c 155. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 155 § 42.]
Chapter 26.34 RCW
INTERSTATE COMPACT ON PLACEMENT
OF CHILDREN
Chapter 26.34
Sections
26.34.010
26.34.020
26.34.030
26.34.040
26.34.050
26.34.060
26.34.070
26.34.080
Compact enacted—Provisions.
Financial responsibility.
"Appropriate public authorities" defined.
"Appropriate authority of the receiving state" defined.
Authority of state officers and agencies to enter into agreements—Approval.
Jurisdiction of courts.
"Executive head" defined—Compact administrator.
Violations—Penalty.
26.34.010
26.34.010 Compact enacted—Provisions. The interstate compact on the placement of children is hereby enacted
into law and entered into with all other jurisdictions legally
joining therein in form substantially as follows:
ARTICLE I. Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to
the end that:
(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and
with persons or institutions having appropriate qualifications
and facilities to provide a necessary and desirable degree and
type of care.
(b) The appropriate authorities in a state where a child is
to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting
full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the
placement is made may obtain the most complete information
(2004 Ed.)
26.34.010
on the basis of which to evaluate a projected placement
before it is made.
(d) Appropriate jurisdictional arrangements for the care
of children will be promoted.
ARTICLE II. Definitions
As used in this compact:
(a) "Child" means a person who, by reason of minority,
is legally subject to parental, guardianship or similar control.
(b) "Sending agency" means a party state, officer or
employee thereof; a subdivision of a party state, or officer or
employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which
sends, brings, or causes to be sent or brought any child to
another party state.
(c) "Receiving state" means the state to which a child is
sent, brought, or caused to be sent or brought, whether by
public authorities or private persons or agencies, and whether
for placement with state or local public authorities or for
placement with private agencies or persons.
(d) "Placement" means the arrangement for the care of a
child in a family free or boarding home or in a child-caring
agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any
institution primarily educational in character, and any hospital or other medical facility.
ARTICLE III. Conditions for Placement
(a) No sending agency shall send, bring, or cause to be
sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption
unless the sending agency shall comply with each and every
requirement set forth in this article and with the applicable
laws of the receiving state governing the placement of children therein.
(b) Prior to sending, bringing or causing any child to be
sent or brought into a receiving state for placement in foster
care or as a preliminary to a possible adoption, the sending
agency shall furnish the appropriate public authorities in the
receiving state written notice of the intention to send, bring,
or place the child in the receiving state. The notice shall contain:
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents
or legal guardian.
(3) The name and address of the person, agency or institution to or with which the sending agency proposes to send,
bring, or place the child.
(4) A full statement of the reasons for such proposed
action and evidence of the authority pursuant to which the
placement is proposed to be made.
(c) Any public officer or agency in a receiving state
which is in receipt of a notice pursuant to paragraph (b) of
this article may request of the sending agency, or any other
appropriate officer or agency of or in the sending agency's
state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under
the circumstances to carry out the purpose and policy of this
compact.
(d) The child shall not be sent, brought, or caused to be
sent or brought into the receiving state until the appropriate
[Title 26 RCW—page 133]
26.34.010
Title 26 RCW: Domestic Relations
public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the
child.
(1) Equivalent facilities for the child are not available in
the sending agency's jurisdiction; and
(2) Institutional care in the other jurisdiction is in the
best interest of the child and will not produce undue hardship.
ARTICLE IV. Penalty for Illegal Placement
ARTICLE VII. Compact Administrator
The sending, bringing, or causing to be sent or brought
into any receiving state of a child in violation of the terms of
this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the
sending agency is located or from which it sends or brings the
child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full
and sufficient grounds for the suspension or revocation of
any license, permit, or other legal authorization held by the
sending agency which empowers or allows it to place, or care
for children.
The executive head of each jurisdiction party to this
compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and
who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to
carry out more effectively the terms and provisions of this
compact.
ARTICLE V. Retention of Jurisdiction
(a) The sending agency shall retain jurisdiction over the
child sufficient to determine all matters in relation to the custody, supervision, care, treatment and disposition of the child
which it would have had if the child had remained in the
sending agency's state, until the child is adopted, reaches
majority, becomes self-supporting or is discharged with the
concurrence of the appropriate authority in the receiving
state. Such jurisdiction shall also include the power to effect
or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall
continue to have financial responsibility for support and
maintenance of the child during the period of the placement.
Nothing contained herein shall defeat a claim of jurisdiction
by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may
enter into an agreement with an authorized public or private
agency in the receiving state providing for the performance of
one or more services in respect of such case by the latter as
agent for the sending agency.
(c) Nothing in this compact shall be construed to prevent
a private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in
that state for a private charitable agency of the sending state;
nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending
agency without relieving the responsibility set forth in paragraph (a) hereof.
ARTICLE VI. Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact
but no such placement shall be made unless the child is given
a court hearing on notice to the parent or guardian with
opportunity to be heard, prior to his being sent to such other
party jurisdiction for institutional care and the court finds
that:
[Title 26 RCW—page 134]
ARTICLE VIII. Limitations
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving
state by his parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the
child with any such relative or nonagency guardian in the
receiving state.
(b) Any placement, sending or bringing of a child into a
receiving state pursuant to any other interstate compact to
which both the state from which the child is sent or brought
and the receiving state are party, or to any other agreement
between said states which has the force of law.
ARTICLE IX. Enactment and Withdrawal
This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent
of Congress, the Government of Canada or any province
thereof. It shall become effective with respect to any such
jurisdiction when such jurisdiction has enacted the same into
law. Withdrawal from this compact shall be by the enactment
of a statute repealing the same, but shall not take effect until
two years after the effective date of such statute and until
written notice of the withdrawal has been given by the withdrawing state to the governor of each other party jurisdiction.
Withdrawal of a party state shall not affect the rights, duties
and obligations under this compact of any sending agency
therein with respect to a placement made prior to the effective
date of withdrawal.
ARTICLE X. Construction and Severability
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of
this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary
to the constitution of any party state or of the United States or
the applicability thereof to any government, agency, person
or circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in
full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.
[1971 ex.s. c 168 § 1.]
(2004 Ed.)
Handicapped Children
26.34.020
26.34.020 Financial responsibility. Financial responsibility for any child placed pursuant to the provisions of the
Interstate Compact on the Placement of Children shall be
determined in accordance with the provisions of Article V
thereof in the first instance. However, in the event of partial
or complete default of performance thereunder, the provisions of RCW 26.16.205 and 26.20.030 shall apply. [1971
ex.s. c 168 § 2.]
of violation shall constitute a separate offense. [1971 ex.s. c
168 § 8.]
Chapter 26.40
26.40.010
26.40.020
26.40.030
26.40.040
26.40.050
26.40.060
26.40.070
26.40.080
26.34.040
26.34.040 "Appropriate authority of the receiving
state" defined. As used in paragraph (a) of Article V of the
Interstate Compact on the Placement of Children, the phrase
"appropriate authority in the receiving state" with reference
to this state shall mean the department of social and health
services. [1971 ex.s. c 168 § 4.]
26.34.050
26.34.050 Authority of state officers and agencies to
enter into agreements—Approval. The officers and agencies of this state and its subdivisions having authority to place
children are hereby empowered to enter into agreements with
appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article V of the Interstate Compact
on the Placement of Children. Any such agreement which
contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not
be binding unless it has the approval in writing of the director
of financial management in the case of the state and of the
treasurer in the case of a subdivision of the state. [1979 c 151
§ 10; 1971 ex.s. c 168 § 5.]
26.34.060
26.34.060 Jurisdiction of courts. Any court having
jurisdiction to place delinquent children may place such a
child in an institution of or in another state pursuant to Article
VI of the Interstate Compact on the Placement of Children
and shall retain jurisdiction as provided in Article V thereof.
[1971 ex.s. c 168 § 6.]
26.34.070
26.34.070 "Executive head" defined—Compact
administrator. As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head"
means the governor. The governor is hereby authorized to
appoint a compact administrator in accordance with the terms
of said Article VII. [1971 ex.s. c 168 § 7.]
Chapter 26.40 RCW
HANDICAPPED CHILDREN
Sections
26.34.030
26.34.030 "Appropriate public authorities" defined.
The "appropriate public authorities" as used in Article III of
the Interstate Compact on the Placement of Children shall,
with reference to this state, mean the department of social and
health services, and said agency shall receive and act with
reference to notices required by said Article III. [1971 ex.s. c
168 § 3.]
26.40.030
26.40.090
26.40.100
26.40.110
Declaration of purpose.
Removal, denial of parental responsibility—Commitment not
an admission requirement to any school.
Petition by parent for order of commitment—Grounds.
Petition by parent for order of commitment—Contents—Who
may be co-custodians—Effective date.
Petition by parent for order of commitment—Hearing—Written consent of co-custodians required.
Notice, copies, filing of order of commitment.
Petition by parent for rescission, change in co-custodians,
determination of parental responsibility.
Health and welfare of committed child—State and co-custodian responsibilities.
Petition by co-custodians for rescission of commitment—
Hearing.
Chapter does not affect commitments under other laws.
Lease of buses to transport children with disabilities.
Child welfare agencies: Chapter 74.15 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Juvenile courts and offenders: Title 13 RCW.
Mental illness: Chapter 71.05 RCW.
Special education: Chapter 28A.155 RCW.
State institutions: Title 72 RCW.
Temporary assistance for needy families—Child welfare services—Services
to crippled children: Chapter 74.12 RCW.
26.40.010
26.40.010 Declaration of purpose. The purpose of this
chapter is to assure the right of every physically, mentally or
sensory handicapped child to parental love and care as long
as possible, to provide for adequate custody of a handicapped
child who has lost parental care, and to make available to the
handicapped child the services of the state through its various
departments and agencies. [1977 ex.s. c 80 § 22; 1955 c 272
§ 1.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
26.40.020
26.40.020 Removal, denial of parental responsibility—Commitment not an admission requirement to any
school. So long as the parents of a handicapped child are able
to assume parental responsibility for such child, their parental
responsibility may not be removed or denied, and commitment by the state or any officer or official thereof shall never
be a requirement for the admission of such child to any state
school, or institution, or to the common schools. [1955 c 272
§ 2.]
26.40.030
26.34.080
26.34.080 Violations—Penalty. Any person, firm, corporation, association or agency which places a child in the
state of Washington without meeting the requirements set
forth herein, or any person, firm, corporation, association or
agency which receives a child in the state of Washington,
where there has been no compliance with the requirements
set forth herein, shall be guilty of a misdemeanor. Each day
(2004 Ed.)
26.40.030 Petition by parent for order of commitment—Grounds. The parents or parent of any child who is
temporarily or permanently delayed in normal educational
processes and/or normal social adjustment by reason of physical, sensory or mental handicap, or by reason of social or
emotional maladjustment, or by reason of other handicap,
may petition the superior court for the county in which such
child resides for an order for the commitment of such child to
[Title 26 RCW—page 135]
26.40.040
Title 26 RCW: Domestic Relations
custody as provided in RCW 26.40.040, as now or hereafter
amended. [1977 ex.s. c 80 § 23; 1955 c 272 § 3.]
Purpose—Severability—1977 ex.s. c 80: See notes following RCW
4.16.190.
26.40.040
26.40.040 Petition by parent for order of commitment—Contents—Who may be co-custodians—Effective
date. The petition for an order for the commitment of a child
to custody shall request the court to issue an order for the
commitment of such child to the co-custody of the state and a
relative or relatives, a friend or friends, an attorney or attorneys, a church through its chief officers, a fraternal organization through its chief officers, or a service organization
through its chief officers, who shall be named in the petition.
The petition shall also request the court to issue such order
making the commitment of such child to custody effective as
of the date that both parents of such child are deceased or are
determined by the court to be unable to continue parental
responsibilities for such child as provided in RCW 26.40.070.
[1955 c 272 § 4.]
26.40.050
26.40.050 Petition by parent for order of commitment—Hearing—Written consent of co-custodians
required. Upon the filing of a petition for an order for the
commitment of a child to custody, a hearing upon such petition shall be held in open court, and, if the court finds that the
petition should be granted, the court shall issue an order for
the commitment of the child to custody as petitioned and not
otherwise. Written consent of the co-custodians other than
the state must be filed with the court before such order for
commitment may be issued. [1955 c 272 § 5.]
26.40.060
26.40.060 Notice, copies, filing of order of commitment. Upon the issuance of an order for the commitment of
a child to custody, the court shall transmit copies thereof to
the co-custodians named therein. For the state as co-custodian the copy of such order shall be filed with the department
of social and health services whose duty it shall be to notify
the state superintendent of public instruction, the state department of social and health services, and such other state
departments or agencies as may have services for the child, of
the filing of such order, which notice shall be given by the
department of social and health services at the time commitment to custody becomes effective under the order. [1982 c
35 § 195; 1979 c 141 § 35; 1955 c 272 § 6.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
26.40.080
26.40.080 Health and welfare of committed child—
State and co-custodian responsibilities. It shall be the
responsibility of the state and the appropriate departments
and agencies thereof to discover methods and procedures by
which the mental and/or physical health of the child in custody may be improved and, with the consent of the co-custodians, to apply those methods and procedures. The co-custodians other than the state shall have no financial responsibility for the child committed to their co-custody except as they
may in written agreement with the state accept such responsibility. At any time after the commitment of such child they
may inquire into his well-being, and the state and any of its
agencies may do nothing with respect to the child that would
in any way affect his mental or physical health without the
consent of the co-custodians. The legal status of the child
may not be changed without the consent of the co-custodians.
If it appears to the state as co-custodian of a child that the
health and/or welfare of such child is impaired or jeopardized
by the failure of the co-custodians other than the state to consent to the application of certain methods and procedures
with respect to such child, the state through its proper department or agency may petition the court for an order to proceed
with such methods and procedures. Upon the filing of such
petition a hearing shall be held in open court, and if the court
finds that such petition should be granted it shall issue the
order. [1955 c 272 § 8.]
26.40.090
26.40.090 Petition by co-custodians for rescission of
commitment—Hearing. When the co-custodians of any
child committed to custody under provisions of this chapter
agree that such child is no longer in need of custody they may
petition the court for a rescission of the commitment to custody. Upon the filing of such petition a hearing shall be held
in open court and if the court finds that such petition should
be granted it shall rescind the order of commitment to custody. [1955 c 272 § 9.]
26.40.100
26.40.100 Chapter does not affect commitments
under other laws. Nothing in this chapter shall be construed
as affecting the authority of the courts to make commitments
as otherwise provided by law. [1955 c 272 § 10.]
26.40.110
26.40.110 Lease of buses to transport children with
disabilities. See RCW 28A.160.040 through 28A.160.060.
Chapter 26.44
Chapter 26.44 RCW
ABUSE OF CHILDREN
(Formerly: Abuse of children and adult dependent persons)
Sections
26.40.070
26.40.070 Petition by parent for rescission, change in
co-custodians, determination of parental responsibility.
The parents or parent upon whose petition an order for the
commitment of a child to custody has been issued may,
before such commitment becomes effective, petition the
court for a rescission of the order or for a change in the cocustodians other than the state, or to determine that they are
unable to continue parental responsibilities for the child, and
the court shall proceed on such petition as on the original
petition. [1955 c 272 § 7.]
[Title 26 RCW—page 136]
26.44.010
26.44.015
26.44.020
26.44.030
26.44.031
26.44.032
26.44.035
26.44.040
Declaration of purpose.
Limitations of chapter.
Definitions.
Reports—Duty and authority to make—Duty of receiving
agency—Duty to notify—Case planning and consultation—
Penalty for unauthorized exchange of information—Filing
dependency petitions—Interviews of children—Records—
Risk assessment process.
Unfounded referrals—Report retention.
Legal defense of public employee.
Response to complaint by more than one agency—Procedure—Written records.
Reports—Oral, written—Contents.
(2004 Ed.)
Abuse of Children
26.44.050
26.44.053
26.44.056
26.44.060
26.44.063
26.44.067
26.44.075
26.44.080
26.44.100
26.44.105
26.44.110
26.44.115
26.44.120
26.44.125
26.44.130
26.44.140
26.44.150
26.44.160
26.44.170
26.44.180
26.44.190
26.44.200
26.44.210
26.44.900
Abuse or neglect of child—Duty of law enforcement agency or
department of social and health services—Taking child into
custody without court order, when.
Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure.
Protective detention or custody of abused child—Reasonable
cause—Notice—Time limits—Monitoring plan—Liability.
Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not
affected—False report, penalty.
Temporary restraining order or preliminary injunction—
Enforcement—Notice of modification or termination of
restraining order.
Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—Defense—Penalty.
Inclusion of number of child abuse reports and cases in prosecuting attorney's annual report.
Violation—Penalty.
Information about rights—Legislative purpose—Notification
of investigation, report, and findings.
Information about rights—Oral and written information—
Copies of dependency petition and any court order.
Information about rights—Custody without court order—
Written statement required—Contents.
Child taken into custody under court order—Information to
parents.
Information about rights—Notice to noncustodial parent.
Alleged perpetrators—Right to review and amendment of
finding—Hearing.
Arrest without warrant.
Treatment for abusive person removed from home.
Temporary restraining order restricting visitation for persons
accused of sexually or physically abusing a child—Penalty
for violating court order.
Allegations that child under twelve committed sex offense—
Investigation—Referral to prosecuting attorney—Referral to
department—Referral for treatment.
Alleged child abuse or neglect—Use of alcohol or controlled
substances as contributing factor—Evaluation.
Investigation of child sexual abuse—Protocols—Documentation of agencies' roles.
Investigation of child abuse or neglect—Participation by law
enforcement officer.
Methamphetamine manufacture—Presence of child.
Alleged child abuse or neglect at state school for the deaf—
Investigation by department—Investigation report.
Severability—1975 1st ex.s. c 217.
Child abuse, investigation: RCW 74.13.031.
Child abuse and neglect training for participants in early childhood education programs: RCW 43.63A.066.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Day care—Information to parents and providers: RCW 74.15.200.
Domestic violence prevention: Chapter 26.50 RCW.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
Persons over sixty, abuse: Chapter 74.34 RCW.
Primary prevention program for child abuse and neglect: RCW
28A.300.160.
Record checks: RCW 43.43.830 through 43.43.840 and 43.20A.710.
School districts to develop policies and participate in programs: RCW
28A.230.080.
Shaken baby syndrome: RCW 43.121.140.
Witness of offense against child, duty: RCW 9.69.100.
26.44.010 Declaration of purpose. The Washington
state legislature finds and declares: The bond between a child
and his or her parent, custodian, or guardian is of paramount
importance, and any intervention into the life of a child is also
an intervention into the life of the parent, custodian, or guardian; however, instances of nonaccidental injury, neglect,
death, sexual abuse and cruelty to children by their parents,
custodians or guardians have occurred, and in the instance
where a child is deprived of his or her right to conditions of
minimal nurture, health, and safety, the state is justified in
26.44.010
(2004 Ed.)
26.44.020
emergency intervention based upon verified information; and
therefore the Washington state legislature hereby provides
for the reporting of such cases to the appropriate public
authorities. It is the intent of the legislature that, as a result of
such reports, protective services shall be made available in an
effort to prevent further abuses, and to safeguard the general
welfare of such children: PROVIDED, That such reports
shall be maintained and disseminated with strictest regard for
the privacy of the subjects of such reports and so as to safeguard against arbitrary, malicious or erroneous information
or actions: PROVIDED FURTHER, That this chapter shall
not be construed to authorize interference with child-raising
practices, including reasonable parental discipline, which are
not proved to be injurious to the child's health, welfare and
safety. [1999 c 176 § 27; 1987 c 206 § 1; 1984 c 97 § 1; 1977
ex.s. c 80 § 24; 1975 1st ex.s. c 217 § 1; 1969 ex.s. c 35 § 1;
1965 c 13 § 1.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Severability—1984 c 97: See RCW 74.34.900.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
26.44.015
26.44.015 Limitations of chapter. (1) This chapter
shall not be construed to authorize interference with childraising practices, including reasonable parental discipline,
which are not injurious to the child's health, welfare, and
safety.
(2) Nothing in this chapter may be used to prohibit the
reasonable use of corporal punishment as a means of discipline.
(3) No parent or guardian may be deemed abusive or
neglectful solely by reason of the parent's or child's blindness, deafness, developmental disability, or other handicap.
[1999 c 176 § 28; 1997 c 386 § 23; 1993 c 412 § 11.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
26.44.020
26.44.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Court" means the superior court of the state of
Washington, juvenile department.
(2) "Law enforcement agency" means the police department, the prosecuting attorney, the state patrol, the director of
public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner"
means a person licensed by this state to practice podiatric
medicine and surgery, optometry, chiropractic, nursing, dentistry, osteopathic medicine and surgery, or medicine and surgery or to provide other health services. The term "practitioner" includes a duly accredited Christian Science practitioner: PROVIDED, HOWEVER, That a person who is being
furnished Christian Science treatment by a duly accredited
Christian Science practitioner will not be considered, for that
reason alone, a neglected person for the purposes of this
chapter.
(4) "Institution" means a private or public hospital or any
other facility providing medical diagnosis, treatment or care.
[Title 26 RCW—page 137]
26.44.030
Title 26 RCW: Domestic Relations
(5) "Department" means the state department of social
and health services.
(6) "Child" or "children" means any person under the age
of eighteen years of age.
(7) "Professional school personnel" include, but are not
limited to, teachers, counselors, administrators, child care
facility personnel, and school nurses.
(8) "Social service counselor" means anyone engaged in
a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to
adults or families, including mental health, drug and alcohol
treatment, and domestic violence programs, whether in an
individual capacity, or as an employee or agent of any public
or private organization or institution.
(9) "Psychologist" means any person licensed to practice
psychology under chapter 18.83 RCW, whether acting in an
individual capacity or as an employee or agent of any public
or private organization or institution.
(10) "Pharmacist" means any registered pharmacist
under chapter 18.64 RCW, whether acting in an individual
capacity or as an employee or agent of any public or private
organization or institution.
(11) "Clergy" means any regularly licensed or ordained
minister, priest, or rabbi of any church or religious denomination, whether acting in an individual capacity or as an
employee or agent of any public or private organization or
institution.
(12) "Abuse or neglect" means the injury, sexual abuse,
sexual exploitation, negligent treatment, or maltreatment of a
child by any person under circumstances which indicate that
the child's health, welfare, and safety is harmed, excluding
conduct permitted under RCW 9A.16.100. An abused child is
a child who has been subjected to child abuse or neglect as
defined in this section.
(13) "Child protective services section" means the child
protective services section of the department.
(14) "Sexual exploitation" includes: (a) Allowing, permitting, or encouraging a child to engage in prostitution by
any person; or (b) allowing, permitting, encouraging, or
engaging in the obscene or pornographic photographing,
filming, or depicting of a child by any person.
(15) "Negligent treatment or maltreatment" means an act
or omission that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present
danger to the child's health, welfare, and safety. The fact that
siblings share a bedroom is not, in and of itself, negligent
treatment or maltreatment.
(16) "Child protective services" means those services
provided by the department designed to protect children from
child abuse and neglect and safeguard such children from
future abuse and neglect, and conduct investigations of child
abuse and neglect reports. Investigations may be conducted
regardless of the location of the alleged abuse or neglect.
Child protective services includes referral to services to ameliorate conditions that endanger the welfare of children, the
coordination of necessary programs and services relevant to
the prevention, intervention, and treatment of child abuse and
neglect, and services to children to ensure that each child has
a permanent home. In determining whether protective services should be provided, the department shall not decline to
[Title 26 RCW—page 138]
provide such services solely because of the child's unwillingness or developmental inability to describe the nature and
severity of the abuse or neglect.
(17) "Malice" or "maliciously" means an evil intent,
wish, or design to vex, annoy, or injure another person. Such
malice may be inferred from an act done in willful disregard
of the rights of another, or an act wrongfully done without
just cause or excuse, or an act or omission of duty betraying a
willful disregard of social duty.
(18) "Sexually aggressive youth" means a child who is
defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.
(19) "Unfounded" means available information indicates
that, more likely than not, child abuse or neglect did not
occur. No unfounded allegation of child abuse or neglect may
be disclosed to a child-placing agency, private adoption
agency, or any other provider licensed under chapter 74.15
RCW. [2000 c 162 § 19; 1999 c 176 § 29; 1998 c 314 § 7.
Prior: 1997 c 386 § 45; 1997 c 386 § 24; 1997 c 282 § 4; 1997
c 132 § 2; 1996 c 178 § 10; prior: 1993 c 412 § 12; 1993 c
402 § 1; 1988 c 142 § 1; prior: 1987 c 524 § 9; 1987 c 206 §
2; 1984 c 97 § 2; 1982 c 129 § 6; 1981 c 164 § 1; 1977 ex.s.
c 80 § 25; 1975 1st ex.s. c 217 § 2; 1969 ex.s. c 35 § 2; 1965
c 13 § 2.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Findings—1997 c 132: "The legislature finds that housing is frequently
influenced by the economic situation faced by the family. This may include
siblings sharing a bedroom. The legislature also finds that the family living
situation due to economic circumstances in and of itself is not sufficient to
justify a finding of child abuse, negligent treatment, or maltreatment." [1997
c 132 § 1.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—1984 c 97: See RCW 74.34.900.
Severability—1982 c 129: See note following RCW 9A.04.080.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
26.44.030
26.44.030 Reports—Duty and authority to make—
Duty of receiving agency—Duty to notify—Case planning
and consultation—Penalty for unauthorized exchange of
information—Filing dependency petitions—Interviews of
children—Records—Risk assessment process. (1)(a)
When any practitioner, county coroner or medical examiner,
law enforcement officer, professional school personnel, registered or licensed nurse, social service counselor, psychologist, pharmacist, licensed or certified child care providers or
their employees, employee of the department, juvenile probation officer, placement and liaison specialist, responsible living skills program staff, HOPE center staff, or state family
and children's ombudsman or any volunteer in the ombudsman's office has reasonable cause to believe that a child has
suffered abuse or neglect, he or she shall report such incident,
or cause a report to be made, to the proper law enforcement
agency or to the department as provided in RCW 26.44.040.
(b) The reporting requirement also applies to department
of corrections personnel who, in the course of their employment, observe offenders or the children with whom the
offenders are in contact. If, as a result of observations or
information received in the course of his or her employment,
(2004 Ed.)
Abuse of Children
any department of corrections personnel has reasonable cause
to believe that a child has suffered abuse or neglect, he or she
shall report the incident, or cause a report to be made, to the
proper law enforcement agency or to the department as provided in RCW 26.44.040.
(c) The reporting requirement shall also apply to any
adult who has reasonable cause to believe that a child who
resides with them, has suffered severe abuse, and is able or
capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single
act of abuse that causes physical trauma of sufficient severity
that, if left untreated, could cause death; any single act of sexual abuse that causes significant bleeding, deep bruising, or
significant external or internal swelling; or more than one act
of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or
unconsciousness.
(d) The report must be made at the first opportunity, but
in no case longer than forty-eight hours after there is reasonable cause to believe that the child has suffered abuse or
neglect. The report must include the identity of the accused
if known.
(2) The reporting requirement of subsection (1) of this
section does not apply to the discovery of abuse or neglect
that occurred during childhood if it is discovered after the
child has become an adult. However, if there is reasonable
cause to believe other children are or may be at risk of abuse
or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.
(3) Any other person who has reasonable cause to
believe that a child has suffered abuse or neglect may report
such incident to the proper law enforcement agency or to the
department of social and health services as provided in RCW
26.44.040.
(4) The department, upon receiving a report of an incident of alleged abuse or neglect pursuant to this chapter,
involving a child who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental
means or who has been subjected to alleged sexual abuse,
shall report such incident to the proper law enforcement
agency. In emergency cases, where the child's welfare is
endangered, the department shall notify the proper law
enforcement agency within twenty-four hours after a report is
received by the department. In all other cases, the department
shall notify the law enforcement agency within seventy-two
hours after a report is received by the department. If the
department makes an oral report, a written report must also
be made to the proper law enforcement agency within five
days thereafter.
(5) Any law enforcement agency receiving a report of an
incident of alleged abuse or neglect pursuant to this chapter,
involving a child who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental
means, or who has been subjected to alleged sexual abuse,
shall report such incident in writing as provided in RCW
26.44.040 to the proper county prosecutor or city attorney for
appropriate action whenever the law enforcement agency's
investigation reveals that a crime may have been committed.
The law enforcement agency shall also notify the department
of all reports received and the law enforcement agency's disposition of them. In emergency cases, where the child's wel(2004 Ed.)
26.44.030
fare is endangered, the law enforcement agency shall notify
the department within twenty-four hours. In all other cases,
the law enforcement agency shall notify the department
within seventy-two hours after a report is received by the law
enforcement agency.
(6) Any county prosecutor or city attorney receiving a
report under subsection (5) of this section shall notify the victim, any persons the victim requests, and the local office of
the department, of the decision to charge or decline to charge
a crime, within five days of making the decision.
(7) The department may conduct ongoing case planning
and consultation with those persons or agencies required to
report under this section, with consultants designated by the
department, and with designated representatives of Washington Indian tribes if the client information exchanged is pertinent to cases currently receiving child protective services.
Upon request, the department shall conduct such planning
and consultation with those persons required to report under
this section if the department determines it is in the best interests of the child. Information considered privileged by statute and not directly related to reports required by this section
must not be divulged without a valid written waiver of the
privilege.
(8) Any case referred to the department by a physician
licensed under chapter 18.57 or 18.71 RCW on the basis of an
expert medical opinion that child abuse, neglect, or sexual
assault has occurred and that the child's safety will be seriously endangered if returned home, the department shall file
a dependency petition unless a second licensed physician of
the parents' choice believes that such expert medical opinion
is incorrect. If the parents fail to designate a second physician, the department may make the selection. If a physician
finds that a child has suffered abuse or neglect but that such
abuse or neglect does not constitute imminent danger to the
child's health or safety, and the department agrees with the
physician's assessment, the child may be left in the parents'
home while the department proceeds with reasonable efforts
to remedy parenting deficiencies.
(9) Persons or agencies exchanging information under
subsection (7) of this section shall not further disseminate or
release the information except as authorized by state or federal statute. Violation of this subsection is a misdemeanor.
(10) Upon receiving reports of alleged abuse or neglect,
the department or law enforcement agency may interview
children. The interviews may be conducted on school premises, at day-care facilities, at the child's home, or at other
suitable locations outside of the presence of parents. Parental
notification of the interview must occur at the earliest possible point in the investigation that will not jeopardize the
safety or protection of the child or the course of the investigation. Prior to commencing the interview the department or
law enforcement agency shall determine whether the child
wishes a third party to be present for the interview and, if so,
shall make reasonable efforts to accommodate the child's
wishes. Unless the child objects, the department or law
enforcement agency shall make reasonable efforts to include
a third party in any interview so long as the presence of the
third party will not jeopardize the course of the investigation.
(11) Upon receiving a report of alleged child abuse and
neglect, the department or investigating law enforcement
[Title 26 RCW—page 139]
26.44.031
Title 26 RCW: Domestic Relations
agency shall have access to all relevant records of the child in
the possession of mandated reporters and their employees.
(12) The department shall maintain investigation records
and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a
log of screened-out nonabusive cases.
(13) The department shall use a risk assessment process
when investigating alleged child abuse and neglect referrals.
The department shall present the risk factors at all hearings in
which the placement of a dependent child is an issue. Substance abuse must be a risk factor. The department shall,
within funds appropriated for this purpose, offer enhanced
community-based services to persons who are determined not
to require further state intervention.
(14) Upon receipt of a report of alleged abuse or neglect
the law enforcement agency may arrange to interview the
person making the report and any collateral sources to determine if any malice is involved in the reporting.
(15) The department shall make reasonable efforts to
learn the name, address, and telephone number of each person making a report of abuse or neglect under this section.
The department shall provide assurances of appropriate confidentiality of the identification of persons reporting under
this section. If the department is unable to learn the information required under this subsection, the department shall only
investigate cases in which: (a) The department believes there
is a serious threat of substantial harm to the child; (b) the
report indicates conduct involving a criminal offense that has,
or is about to occur, in which the child is the victim; or (c) the
department has, after investigation, a report of abuse or
neglect that has been founded with regard to a member of the
household within three years of receipt of the referral. [2003
c 207 § 4. Prior: 1999 c 267 § 20; 1999 c 176 § 30; 1998 c
328 § 5; 1997 c 386 § 25; 1996 c 278 § 2; 1995 c 311 § 17;
prior: 1993 c 412 § 13; 1993 c 237 § 1; 1991 c 111 § 1; 1989
c 22 § 1; prior: 1988 c 142 § 2; 1988 c 39 § 1; prior: 1987 c
524 § 10; 1987 c 512 § 23; 1987 c 206 § 3; 1986 c 145 § 1;
1985 c 259 § 2; 1984 c 97 § 3; 1982 c 129 § 7; 1981 c 164 §
2; 1977 ex.s. c 80 § 26; 1975 1st ex.s. c 217 § 3; 1971 ex.s. c
167 § 1; 1969 ex.s. c 35 § 3; 1965 c 13 § 3.]
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Finding—Intent—1996 c 278: "The legislature finds that including
certain department of corrections personnel among the professionals who are
mandated to report suspected abuse or neglect of children, dependent adults,
or people with developmental disabilities is an important step toward
improving the protection of these vulnerable populations. The legislature
intends, however, to limit the circumstances under which department of corrections personnel are mandated reporters of suspected abuse or neglect to
only those circumstances when the information is obtained during the course
of their employment. This act is not to be construed to alter the circumstances under which other professionals are mandated to report suspected
abuse or neglect, nor is it the legislature's intent to alter current practices and
procedures utilized by other professional organizations who are mandated
reporters under RCW 26.44.030(1)(a)." [1996 c 278 § 1.]
Severability—1987 c 512: See RCW 18.19.901.
Legislative findings—1985 c 259: "The Washington state legislature
finds and declares:
[Title 26 RCW—page 140]
The children of the state of Washington are the state's greatest resource
and the greatest source of wealth to the state of Washington. Children of all
ages must be protected from child abuse. Governmental authorities must
give the prevention, treatment, and punishment of child abuse the highest
priority, and all instances of child abuse must be reported to the proper
authorities who should diligently and expeditiously take appropriate action,
and child abusers must be held accountable to the people of the state for their
actions.
The legislature recognizes the current heavy caseload of governmental
authorities responsible for the prevention, treatment, and punishment of
child abuse. The information obtained by child abuse reporting requirements, in addition to its use as a law enforcement tool, will be used to determine the need for additional funding to ensure that resources for appropriate
governmental response to child abuse are available." [1985 c 259 § 1.]
Severability—1984 c 97: See RCW 74.34.900.
Severability—1982 c 129: See note following RCW 9A.04.080.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
26.44.031
26.44.031 Unfounded referrals—Report retention.
To protect the privacy in reporting and the maintenance of
reports of nonaccidental injury, neglect, death, sexual abuse,
and cruelty to children by their parents, and to safeguard
against arbitrary, malicious, or erroneous information or
actions, the department shall not maintain information related
to unfounded referrals in files or reports of child abuse or
neglect for longer than six years except as provided in this
section.
At the end of six years from receipt of the unfounded
report, the information shall be purged unless an additional
report has been received in the intervening period. [1997 c
282 § 1.]
26.44.032
26.44.032 Legal defense of public employee. In cases
in which a public employee subject to RCW 26.44.030 acts in
good faith and without gross negligence in his or her reporting duty, and if the employee's judgment as to what constitutes reasonable cause to believe that a child has suffered
abuse or neglect is being challenged, the public employer
shall provide for the legal defense of the employee. [1999 c
176 § 31; 1988 c 87 § 1.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
26.44.035
26.44.035 Response to complaint by more than one
agency—Procedure—Written records. (1) If the department or a law enforcement agency responds to a complaint of
alleged child abuse or neglect and discovers that another
agency has also responded to the complaint, the agency shall
notify the other agency of their presence, and the agencies
shall coordinate the investigation and keep each other
apprised of progress.
(2) The department, each law enforcement agency, each
county prosecuting attorney, each city attorney, and each
court shall make as soon as practicable a written record and
shall maintain records of all incidents of suspected child
abuse reported to that person or agency.
(3) Every employee of the department who conducts an
interview of any person involved in an allegation of abuse or
neglect shall retain his or her original written records or notes
setting forth the content of the interview unless the notes
were entered into the electronic system operated by the
(2004 Ed.)
Abuse of Children
department which is designed for storage, retrieval, and preservation of such records.
(4) Written records involving child sexual abuse shall, at
a minimum, be a near verbatim record for the disclosure
interview. The near verbatim record shall be produced within
fifteen calendar days of the disclosure interview, unless
waived by management on a case-by-case basis.
(5) Records kept under this section shall be identifiable
by means of an agency code for child abuse. [1999 c 389 § 7;
1997 c 386 § 26; 1985 c 259 § 3.]
26.44.056
purpose of providing documentary evidence of the physical
condition of the child. [1999 c 176 § 33. Prior: 1987 c 450 §
7; 1987 c 206 § 5; 1984 c 97 § 5; 1981 c 164 § 3; 1977 ex.s.
c 291 § 51; 1977 ex.s. c 80 § 28; 1975 1st ex.s. c 217 § 5;
1971 ex.s. c 302 § 15; 1969 ex.s. c 35 § 5; 1965 c 13 § 5.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Severability—1984 c 97: See RCW 74.34.900.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Legislative findings—1985 c 259: See note following RCW
26.44.030.
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
26.44.053
26.44.040
26.44.040 Reports—Oral, written—Contents. An
immediate oral report must be made by telephone or otherwise to the proper law enforcement agency or the department
of social and health services and, upon request, must be followed by a report in writing. Such reports must contain the
following information, if known:
(1) The name, address, and age of the child;
(2) The name and address of the child's parents, stepparents, guardians, or other persons having custody of the child;
(3) The nature and extent of the alleged injury or injuries;
(4) The nature and extent of the alleged neglect;
(5) The nature and extent of the alleged sexual abuse;
(6) Any evidence of previous injuries, including their
nature and extent; and
(7) Any other information that may be helpful in establishing the cause of the child's death, injury, or injuries and
the identity of the alleged perpetrator or perpetrators. [1999
c 176 § 32; 1997 c 386 § 27; 1993 c 412 § 14; 1987 c 206 §
4; 1984 c 97 § 4; 1977 ex.s. c 80 § 27; 1975 1st ex.s. c 217 §
4; 1971 ex.s. c 167 § 2; 1969 ex.s. c 35 § 4; 1965 c 13 § 4.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Severability—1984 c 97: See RCW 74.34.900.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
26.44.050
26.44.050 Abuse or neglect of child—Duty of law
enforcement agency or department of social and health
services—Taking child into custody without court order,
when. Upon the receipt of a report concerning the possible
occurrence of abuse or neglect, the law enforcement agency
or the department of social and health services must investigate and provide the protective services section with a report
in accordance with chapter 74.13 RCW, and where necessary
to refer such report to the court.
A law enforcement officer may take, or cause to be
taken, a child into custody without a court order if there is
probable cause to believe that the child is abused or neglected
and that the child would be injured or could not be taken into
custody if it were necessary to first obtain a court order pursuant to RCW 13.34.050. The law enforcement agency or the
department of social and health services investigating such a
report is hereby authorized to photograph such a child for the
(2004 Ed.)
26.44.053 Guardian ad litem, appointment—Examination of person having legal custody—Hearing—Procedure. (1) In any judicial proceeding under this chapter or
chapter 13.34 RCW in which it is alleged that a child has
been subjected to child abuse or neglect, the court shall
appoint a guardian ad litem for the child as provided in chapter 13.34 RCW. The requirement of a guardian ad litem may
be deemed satisfied if the child is represented by counsel in
the proceedings.
(2) At any time prior to or during a hearing in such a
case, the court may, on its own motion, or the motion of the
guardian ad litem, or other parties, order the examination by
a physician, psychologist, or psychiatrist, of any parent or
child or other person having custody of the child at the time
of the alleged child abuse or neglect, if the court finds such an
examination is necessary to the proper determination of the
case. The hearing may be continued pending the completion
of such examination. The physician, psychologist, or psychiatrist conducting such an examination may be required to testify concerning the results of such examination and may be
asked to give his or her opinion as to whether the protection
of the child requires that he or she not be returned to the custody of his or her parents or other persons having custody of
him or her at the time of the alleged child abuse or neglect.
Persons so testifying shall be subject to cross-examination as
are other witnesses. No information given at any such examination of the parent or any other person having custody of
the child may be used against such person in any subsequent
criminal proceedings against such person or custodian concerning the alleged abuse or neglect of the child.
(3) A parent or other person having legal custody of a
child alleged to be abused or neglected shall be a party to any
proceeding that may impair or impede such person's interest
in and custody or control of the child. [1997 c 386 § 28; 1996
c 249 § 16; 1994 c 110 § 1; 1993 c 241 § 4. Prior: 1987 c 524
§ 11; 1987 c 206 § 7; 1975 1st ex.s. c 217 § 8.]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Intent—1996 c 249: See note following RCW 2.56.030.
Conflict with federal requirements—1993 c 241: See note following
RCW 13.34.030.
26.44.056
26.44.056 Protective detention or custody of abused
child—Reasonable cause—Notice—Time limits—Monitoring plan—Liability. (1) An administrator of a hospital or
similar institution or any physician, licensed pursuant to
chapters 18.71 or 18.57 RCW, may detain a child without
[Title 26 RCW—page 141]
26.44.060
Title 26 RCW: Domestic Relations
consent of a person legally responsible for the child whether
or not medical treatment is required, if the circumstances or
conditions of the child are such that the detaining individual
has reasonable cause to believe that permitting the child to
continue in his or her place of residence or in the care and
custody of the parent, guardian, custodian or other person
legally responsible for the child's care would present an
imminent danger to that child's safety: PROVIDED, That
such administrator or physician shall notify or cause to be
notified the appropriate law enforcement agency or child protective services pursuant to RCW 26.44.040. Such notification shall be made as soon as possible and in no case longer
than seventy-two hours. Such temporary protective custody
by an administrator or doctor shall not be deemed an arrest.
Child protective services may detain the child until the court
assumes custody, but in no case longer than seventy-two
hours, excluding Saturdays, Sundays, and holidays.
(2) Whenever an administrator or physician has reasonable cause to believe that a child would be in imminent danger if released to a parent, guardian, custodian, or other person or is in imminent danger if left in the custody of a parent,
guardian, custodian, or other person, the administrator or
physician may notify a law enforcement agency and the law
enforcement agency shall take the child into custody or cause
the child to be taken into custody. The law enforcement
agency shall release the child to the custody of child protective services. Child protective services shall detain the child
until the court assumes custody or upon a documented and
substantiated record that in the professional judgment of the
child protective services the child's safety will not be endangered if the child is returned. If the child is returned, the
department shall establish a six-month plan to monitor and
assure the continued safety of the child's life or health. The
monitoring period may be extended for good cause.
(3) A child protective services employee, an administrator, doctor, or law enforcement officer shall not be held liable
in any civil action for the decision for taking the child into
custody, if done in good faith under this section. [1983 c 246
§ 3; 1982 c 129 § 8; 1975 1st ex.s. c 217 § 9.]
Severability—1982 c 129: See note following RCW 9A.04.080.
26.44.060
26.44.060 Immunity from civil or criminal liability—
Confidential communications not violated—Actions
against state not affected—False report, penalty. (1)(a)
Except as provided in (b) of this subsection, any person participating in good faith in the making of a report pursuant to
this chapter or testifying as to alleged child abuse or neglect
in a judicial proceeding shall in so doing be immune from any
liability arising out of such reporting or testifying under any
law of this state or its political subdivisions.
(b) A person convicted of a violation of subsection (4) of
this section shall not be immune from liability under (a) of
this subsection.
(2) An administrator of a hospital or similar institution or
any physician licensed pursuant to chapters 18.71 or 18.57
RCW taking a child into custody pursuant to RCW 26.44.056
shall not be subject to criminal or civil liability for such taking into custody.
(3) Conduct conforming with the reporting requirements
of this chapter shall not be deemed a violation of the confi[Title 26 RCW—page 142]
dential communication privilege of RCW 5.60.060 (3) and
(4), 18.53.200 and 18.83.110. Nothing in this chapter shall
be construed as to supersede or abridge remedies provided in
chapter 4.92 RCW.
(4) A person who, intentionally and in bad faith or maliciously, knowingly makes a false report of alleged abuse or
neglect shall be guilty of a misdemeanor punishable in accordance with RCW 9A.20.021.
(5) A person who, in good faith and without gross negligence, cooperates in an investigation arising as a result of a
report made pursuant to this chapter, shall not be subject to
civil liability arising out of his or her cooperation. This subsection does not apply to a person who caused or allowed the
child abuse or neglect to occur. [2004 c 37 § 1; 1997 c 386 §
29; 1988 c 142 § 3; 1982 c 129 § 9; 1975 1st ex.s. c 217 § 6;
1965 c 13 § 6.]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Severability—1982 c 129: See note following RCW 9A.04.080.
Nurse-patient privilege subject to RCW 26.44.060(3): RCW 5.62.030.
26.44.063
26.44.063 Temporary restraining order or preliminary injunction—Enforcement—Notice of modification
or termination of restraining order. (1) It is the intent of
the legislature to minimize trauma to a child involved in an
allegation of sexual or physical abuse. The legislature
declares that removing the child from the home often has the
effect of further traumatizing the child. It is, therefore, the
legislature's intent that the alleged offender, rather than the
child, shall be removed from the home and that this should be
done at the earliest possible point of intervention in accordance with RCW 10.31.100, 13.34.130, this section, and
RCW 26.44.130.
(2) In any judicial proceeding in which it is alleged that
a child has been subjected to sexual or physical abuse, if the
court finds reasonable grounds to believe that an incident of
sexual or physical abuse has occurred, the court may, on its
own motion, or the motion of the guardian ad litem or other
parties, issue a temporary restraining order or preliminary
injunction restraining or enjoining the person accused of
committing the abuse from:
(a) Molesting or disturbing the peace of the alleged victim;
(b) Entering the family home of the alleged victim
except as specifically authorized by the court;
(c) Having any contact with the alleged victim, except as
specifically authorized by the court;
(d) Knowingly coming within, or knowingly remaining
within, a specified distance of a specified location.
(3) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional restrictions that the court in its discretion determines are necessary
to protect the child from further abuse or emotional trauma
pending final resolution of the abuse allegations.
(4) The court shall issue a temporary restraining order
prohibiting a person from entering the family home if the
court finds that the order would eliminate the need for an outof-home placement to protect the child's right to nurturance,
health, and safety and is sufficient to protect the child from
further sexual or physical abuse or coercion.
(2004 Ed.)
Abuse of Children
(5) The court may issue a temporary restraining order
without requiring notice to the party to be restrained or other
parties only if it finds on the basis of the moving affidavit or
other evidence that irreparable injury could result if an order
is not issued until the time for responding has elapsed.
(6) A temporary restraining order or preliminary injunction:
(a) Does not prejudice the rights of a party or any child
which are to be adjudicated at subsequent hearings in the proceeding; and
(b) May be revoked or modified.
(7) The person having physical custody of the child shall
have an affirmative duty to assist in the enforcement of the
restraining order including but not limited to a duty to notify
the court as soon as practicable of any violation of the order,
a duty to request the assistance of law enforcement officers to
enforce the order, and a duty to notify the department of
social and health services of any violation of the order as
soon as practicable if the department is a party to the action.
Failure by the custodial party to discharge these affirmative
duties shall be subject to contempt proceedings.
(8) Willful violation of a court order entered under this
section is a misdemeanor. A written order shall contain the
court's directive and shall bear the legend: "Violation of this
order with actual notice of its terms is a criminal offense
under chapter 26.44 RCW, is also subject to contempt proceedings, and will subject a violator to arrest."
(9) If a restraining order issued under this section is modified or terminated, the clerk of the court shall notify the law
enforcement agency specified in the order on or before the
next judicial day. Upon receipt of notice that an order has
been terminated, the law enforcement agency shall remove
the order from any computer-based criminal intelligence system. [2000 c 119 § 12; 1993 c 412 § 15; 1988 c 190 § 3; 1985
c 35 § 1.]
Application—2000 c 119: See note following RCW 26.50.021.
Ex parte temporary order for protection: RCW 26.50.070.
Orders for protection in cases of domestic violence: RCW 26.50.030.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
26.44.067
26.44.067 Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—
Defense—Penalty. (1) Any person having had actual notice
of the existence of a restraining order issued by a court of
competent jurisdiction pursuant to RCW 26.44.063 who
refuses to comply with the provisions of such order shall be
guilty of a misdemeanor.
(2) The notice requirements of subsection (1) of this section may be satisfied by the peace officer giving oral or written evidence to the person subject to the order by reading
from or handing to that person a copy certified by a notary
public or the clerk of the court to be an accurate copy of the
original court order which is on file. The copy may be supplied by the court or any party.
(3) The remedies provided in this section shall not apply
unless restraining orders subject to this section bear this legend: VIOLATION OF THIS ORDER WITH ACTUAL
NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE
(2004 Ed.)
26.44.100
UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT
TO CONTEMPT PROCEEDINGS.
(4) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law or
court rule. No right of action shall accrue against any peace
officer acting upon a properly certified copy of a court order
lawful on its face if such officer employs otherwise lawful
means to effect the arrest. [2000 c 119 § 13; 1993 c 412 § 16;
1989 c 373 § 23; 1985 c 35 § 2.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1989 c 373: See RCW 7.21.900.
26.44.075
26.44.075 Inclusion of number of child abuse reports
and cases in prosecuting attorney's annual report. Commencing in 1986, the prosecuting attorney shall include in the
annual report a section stating the number of child abuse
reports received by the office under this chapter and the number of cases where charges were filed. [1985 c 259 § 4.]
Legislative findings—1985 c 259: See note following RCW
26.44.030.
26.44.080
26.44.080 Violation—Penalty. Every person who is
required to make, or to cause to be made, a report pursuant to
RCW 26.44.030 and 26.44.040, and who knowingly fails to
make, or fails to cause to be made, such report, shall be guilty
of a gross misdemeanor. [1982 c 129 § 10; 1971 ex.s. c 167
§ 3.]
Severability—1982 c 129: See note following RCW 9A.04.080.
26.44.100
26.44.100 Information about rights—Legislative
purpose—Notification of investigation, report, and findings. (1) The legislature finds parents and children often are
not aware of their due process rights when agencies are investigating allegations of child abuse and neglect. The legislature reaffirms that all citizens, including parents, shall be
afforded due process, that protection of children remains the
priority of the legislature, and that this protection includes
protecting the family unit from unnecessary disruption. To
facilitate this goal, the legislature wishes to ensure that parents and children be advised in writing and orally, if feasible,
of their basic rights and other specific information as set forth
in this chapter, provided that nothing contained in this chapter shall cause any delay in protective custody action.
(2) The department shall notify the alleged perpetrator of
the allegations of child abuse and neglect at the earliest possible point in the investigation that will not jeopardize the
safety and protection of the child or the investigation process.
Whenever the department completes an investigation of
a child abuse or neglect report under chapter 26.44 RCW, the
department shall notify the alleged perpetrator of the report
and the department's investigative findings. The notice shall
also advise the alleged perpetrator that:
(a) A written response to the report may be provided to
the department and that such response will be filed in the
record following receipt by the department;
(b) Information in the department's record may be considered in subsequent investigations or proceedings related to
child protection or child custody;
(c) Founded reports of child abuse and neglect may be
considered in determining whether the person is disqualified
[Title 26 RCW—page 143]
26.44.105
Title 26 RCW: Domestic Relations
from being licensed to provide child care, employed by a
licensed child care agency, or authorized by the department
to care for children; and
(d) An alleged perpetrator named in a founded report of
child abuse or neglect has the right to seek review of the finding as provided in this chapter.
(3) The notification required by this section shall be
made by certified mail, return receipt requested, to the person's last known address.
(4) The duty of notification created by this section is subject to the ability of the department to ascertain the location
of the person to be notified. The department shall exercise
reasonable, good-faith efforts to ascertain the location of persons entitled to notification under this section. [1998 c 314 §
8; 1997 c 282 § 2; 1993 c 412 § 17; 1985 c 183 § 1.]
26.44.105
26.44.105 Information about rights—Oral and written information—Copies of dependency petition and any
court order. Whenever a dependency petition is filed by the
department of social and health services, it shall advise the
parents, and any child over the age of twelve who is subject
to the dependency action, of their respective rights under
RCW 13.34.090. The parents and the child shall be provided
a copy of the dependency petition and a copy of any court
orders which have been issued. This advice of rights under
RCW 13.34.090 shall be in writing. The department caseworker shall also make reasonable efforts to advise the parent
and child of these same rights orally. [1985 c 183 § 2.]
26.44.110
26.44.110 Information about rights—Custody without court order—Written statement required—Contents.
If a child has been taken into custody by law enforcement
pursuant to RCW 26.44.050, the law enforcement agency
shall leave a written statement with a parent or in the residence of the parent if no parent is present. The statement shall
give the reasons for the removal of the child from the home
and the telephone number of the child protective services
office in the parent's jurisdiction. [1985 c 183 § 3.]
26.44.115
26.44.115 Child taken into custody under court
order—Information to parents. If a child is taken into custody by child protective services pursuant to a court order
issued under RCW 13.34.062, the child protective services
worker shall take reasonable steps to advise the parents
immediately, regardless of the time of day, that the child has
been taken into custody, the reasons why the child was taken
into custody, and general information about the child's placement. The department shall comply with RCW 13.34.060
when providing notice under this section. [2000 c 122 § 39;
1990 c 246 § 10; 1985 c 183 § 4.]
Severability—1990 c 246: See note following RCW 13.34.060.
26.44.120
26.44.120 Information about rights—Notice to noncustodial parent. Whenever the child protective services
worker is required to notify parents and children of their basic
rights and other specific information as set forth in RCW
26.44.105 through 26.44.115, the child protective services
worker shall also make a reasonable effort to notify the noncustodial parent of the same information in a timely manner.
[1985 c 183 § 5.]
[Title 26 RCW—page 144]
26.44.125
26.44.125 Alleged perpetrators—Right to review and
amendment of finding—Hearing. (1) A person who is
named as an alleged perpetrator after October 1, 1998, in a
founded report of child abuse or neglect has the right to seek
review and amendment of the finding as provided in this section.
(2) Within twenty calendar days after receiving written
notice from the department under RCW 26.44.100 that a person is named as an alleged perpetrator in a founded report of
child abuse or neglect, he or she may request that the department review the finding. The request must be made in writing. If a request for review is not made as provided in this
subsection, the alleged perpetrator may not further challenge
the finding and shall have no right to agency review or to an
adjudicative hearing or judicial review of the finding.
(3) Upon receipt of a written request for review, the
department shall review and, if appropriate, may amend the
finding. Management level staff within the children's administration designated by the secretary shall be responsible for
the review. The review must be conducted in accordance with
procedures the department establishes by rule. Upon completion of the review, the department shall notify the alleged perpetrator in writing of the agency's determination. The notification must be sent by certified mail, return receipt requested,
to the person's last known address.
(4) If, following agency review, the report remains
founded, the person named as the alleged perpetrator in the
report may request an adjudicative hearing to contest the
finding. The adjudicative proceeding is governed by chapter
34.05 RCW and this section. The request for an adjudicative
proceeding must be filed within thirty calendar days after
receiving notice of the agency review determination. If a
request for an adjudicative proceeding is not made as provided in this subsection, the alleged perpetrator may not further challenge the finding and shall have no right to agency
review or to an adjudicative hearing or judicial review of the
finding.
(5) Reviews and hearings conducted under this section
are confidential and shall not be open to the public. Information about reports, reviews, and hearings may be disclosed
only in accordance with federal and state laws pertaining to
child welfare records and child protective services reports.
(6) The department may adopt rules to implement this
section. [1998 c 314 § 9.]
Effective date—1998 c 314 § 9: "Section 9 of this act takes effect
October 1, 1998." [1998 c 314 § 45.]
26.44.130
26.44.130 Arrest without warrant. When a peace
officer responds to a call alleging that a child has been subjected to sexual or physical abuse or criminal mistreatment
and has probable cause to believe that a crime has been committed or responds to a call alleging that a temporary restraining order or preliminary injunction has been violated, the
peace officer has the authority to arrest the person without a
warrant pursuant to RCW 10.31.100. [2002 c 219 § 11; 1988
c 190 § 4.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
26.44.140
26.44.140 Treatment for abusive person removed
from home. The court shall require that an individual who,
while acting in a parental role, has physically or sexually
(2004 Ed.)
Abuse of Children
abused a child and has been removed from the home pursuant
to a court order issued in a proceeding under chapter 13.34
RCW, prior to being permitted to reside in the home where
the child resides, complete the treatment and education
requirements necessary to protect the child from future abuse.
The court may require the individual to continue treatment as
a condition for remaining in the home where the child
resides. Unless a parent, custodian, or guardian has been convicted of the crime for the acts of abuse determined in a factfinding hearing under chapter 13.34 RCW, such person shall
not be required to admit guilt in order to begin to fulfill any
necessary treatment and education requirements under this
section.
The department of social and health services or supervising agency shall be responsible for advising the court as to
appropriate treatment and education requirements, providing
referrals to the individual, monitoring and assessing the individual's progress, informing the court of such progress, and
providing recommendations to the court.
The person removed from the home shall pay for these
services unless the person is otherwise eligible to receive
financial assistance in paying for such services. Nothing in
this section shall be construed to create in any person an entitlement to services or financial assistance in paying for services. [1997 c 344 § 1; 1991 c 301 § 15; 1990 c 3 § 1301.]
Finding—1991 c 301: See note following RCW 10.99.020.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
26.44.150 Temporary restraining order restricting
visitation for persons accused of sexually or physically
abusing a child—Penalty for violating court order. (1) If
a person who has unsupervised visitation rights with a minor
child pursuant to a court order is accused of sexually or physically abusing a child and the alleged abuse has been reported
to the proper authorities for investigation, the law enforcement officer conducting the investigation may file an affidavit with the prosecuting attorney stating that the person is currently under investigation for sexual or physical abuse of a
child and that there is a risk of harm to the child if a temporary restraining order is not entered. Upon receipt of the affidavit, the prosecuting attorney shall determine whether there
is a risk of harm to the child if a temporary restraining order
is not entered. If the prosecutor determines there is a risk of
harm, the prosecutor shall immediately file a motion for an
order to show cause seeking to restrict visitation with the
child, and seek a temporary restraining order. The restraining
order shall be issued for up to ninety days or until the investigation has been concluded in favor of the alleged abuser,
whichever is shorter.
(2) Willful violation of a court order entered under this
section is a misdemeanor. The court order shall state: "Violation of this order is a criminal offense under chapter 26.44
RCW and will subject the violator to arrest." [1993 c 412 §
18.]
26.44.150
26.44.160 Allegations that child under twelve committed sex offense—Investigation—Referral to prosecuting attorney—Referral to department—Referral for
treatment. (1) If a law enforcement agency receives a complaint that alleges that a child under age twelve has commit26.44.160
(2004 Ed.)
26.44.170
ted a sex offense as defined in RCW 9.94A.030, the agency
shall investigate the complaint. If the investigation reveals
that probable cause exists to believe that the youth may have
committed a sex offense and the child is at least eight years of
age, the agency shall refer the case to the proper county prosecuting attorney for appropriate action to determine whether
the child may be prosecuted or is a sexually aggressive youth.
If the child is less than eight years old, the law enforcement
agency shall refer the case to the department.
(2) If the prosecutor or a judge determines the child cannot be prosecuted for the alleged sex offense because the
child is incapable of committing a crime as provided in RCW
9A.04.050 and the prosecutor believes that probable cause
exists to believe that the child engaged in acts that would constitute a sex offense, the prosecutor shall refer the child as a
sexually aggressive youth to the department. The prosecutor
shall provide the department with an affidavit stating that the
prosecutor has determined that probable cause exists to
believe that the juvenile has committed acts that could be
prosecuted as a sex offense but the case is not being prosecuted because the juvenile is incapable of committing a crime
as provided in RCW 9A.04.050.
(3) The department shall investigate any referrals that
allege that a child is a sexually aggressive youth. The purpose
of the investigation shall be to determine whether the child is
abused or neglected, as defined in this chapter, and whether
the child or the child's parents are in need of services or treatment. The department may offer appropriate available services and treatment to a sexually aggressive youth and his or
her parents or legal guardians as provided in RCW 74.13.075
and may refer the child and his or her parents to appropriate
treatment and services available within the community. If the
parents refuse to accept or fail to obtain appropriate treatment
or services under circumstances that indicate that the refusal
or failure is child abuse or neglect, as defined in this chapter,
the department may pursue a dependency action as provided
in chapter 13.34 RCW.
(4) Nothing in this section shall affect the responsibility
of a law enforcement agency to report incidents of abuse or
neglect as required in RCW 26.44.030(5). [1993 c 402 § 2.]
26.44.170 Alleged child abuse or neglect—Use of
alcohol or controlled substances as contributing factor—
Evaluation. (1) When, as a result of a report of alleged child
abuse or neglect, an investigation is made that includes an inperson contact with the person who is alleged to have committed the abuse or neglect, there shall be a determination of
whether it is probable that the use of alcohol or controlled
substances is a contributing factor to the alleged abuse or
neglect.
(2) The department shall provide appropriate training for
persons who conduct the investigations under subsection (1)
of this section. The training shall include methods of identifying indicators of abuse of alcohol or controlled substances.
(3) If a determination is made under subsection (1) of
this section that there is probable cause to believe abuse of
alcohol or controlled substances has contributed to the child
abuse or neglect, the department shall, within available funds,
cause a comprehensive chemical dependency evaluation to
be made of the person or persons so identified. The evaluation shall be conducted by a physician or persons certified
26.44.170
[Title 26 RCW—page 145]
26.44.180
Title 26 RCW: Domestic Relations
under rules adopted by the department to make such evaluation. The department shall perform the duties assigned under
this section within existing personnel resources. [1997 c 386
§ 48.]
*Reviser's note: RCW 69.50.401 was amended by 2003 c 53 § 331,
changing subsection (a) to subsections (1) and (2)(a) through (e), effective
July 1, 2004.
Effective date—2002 c 134: See note following RCW 69.50.440.
Finding—Construction—2001 c 52: See notes following RCW
13.34.350.
26.44.180
26.44.180 Investigation of child sexual abuse—Protocols—Documentation of agencies' roles. (1) Each agency
involved in investigating child sexual abuse shall document
its role in handling cases and how it will coordinate with
other local agencies or systems and shall adopt a local protocol based on the state guidelines. The department and local
law enforcement agencies may include other agencies and
systems that are involved with child sexual abuse victims in
the multidisciplinary coordination.
(2) Each county shall develop a written protocol for handling criminal child sexual abuse investigations. The protocol
shall address the coordination of child sexual abuse investigations between the prosecutor's office, law enforcement, the
department, local advocacy groups, and any other local
agency involved in the criminal investigation of child sexual
abuse, including those investigations involving multiple victims and multiple offenders. The protocol shall be developed
by the prosecuting attorney with the assistance of the agencies referenced in this subsection.
(3) Local protocols under this section shall be adopted
and in place by July 1, 2000, and shall be submitted to the
legislature prior to that date. [1999 c 389 § 4.]
26.44.210
26.44.210 Alleged child abuse or neglect at state
school for the deaf—Investigation by department—Investigation report. (1) The department must investigate referrals of alleged child abuse or neglect occurring at the state
school for the deaf, including alleged incidents involving students abusing other students; determine whether there is a
finding of abuse or neglect; and determine whether a referral
to law enforcement is appropriate under this chapter.
(2) The department must send a copy of the investigation
report, including the finding, regarding any incidents of
alleged child abuse or neglect at the state school for the deaf
to the school's superintendent. The department may include
recommendations to the superintendent and the board of
trustees or its successor board for increasing the safety of the
school's students. [2002 c 208 § 1.]
26.44.900
26.44.900 Severability—1975 1st ex.s. c 217. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or
circumstances is not affected. [1975 1st ex.s. c 217 § 10.]
26.44.190
26.44.190 Investigation of child abuse or neglect—
Participation by law enforcement officer. A law enforcement agency shall not allow a law enforcement officer to participate as an investigator in the investigation of alleged
abuse or neglect concerning a child for whom the law
enforcement officer is, or has been, a parent, guardian, or foster parent. This section is not intended to limit the authority or
duty of a law enforcement officer to report, testify, or be
examined as authorized or required by this chapter, or to perform other official duties as a law enforcement officer. [1999
c 389 § 9.]
Findings—Intent—1999 c 389 § 9: "The legislature finds that the parent, guardian, or foster parent of a child who may be the victim of abuse or
neglect may become involved in the investigation of the abuse or neglect.
The parent, guardian, or foster parent may also be made a party to later court
proceedings and be subject to a court-ordered examination by a physician,
psychologist, or psychiatrist. It is the intent of the legislature by enacting section 9 of this act to avoid actual or perceived conflicts of interest that may
occur when the parent, guardian, or foster parent is also a law enforcement
officer and is assigned to conduct the investigation of alleged abuse or
neglect concerning the child." [1999 c 389 § 8.]
26.44.200
26.44.200 Methamphetamine manufacture—Presence of child. A law enforcement agency in the course of
investigating: (1) An allegation under *RCW 69.50.401(a)
relating to manufacture of methamphetamine; or (2) an allegation under RCW 69.50.440 relating to possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers,
pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, that discovers a child present at the site, shall contact the department
immediately. [2002 c 134 § 4; 2001 c 52 § 3.]
[Title 26 RCW—page 146]
Chapter 26.50
Chapter 26.50 RCW
DOMESTIC VIOLENCE PREVENTION
Sections
26.50.010
26.50.020
26.50.021
26.50.025
26.50.030
26.50.035
26.50.040
26.50.050
26.50.055
26.50.060
26.50.070
26.50.080
26.50.085
26.50.090
26.50.095
26.50.100
26.50.110
26.50.115
26.50.120
26.50.123
26.50.125
26.50.130
26.50.135
26.50.140
26.50.150
Definitions.
Commencement of action—Jurisdiction—Venue.
Actions on behalf of vulnerable adults—Authority of department of social and health services—Immunity from liability.
Orders under this chapter and chapter 26.09, 26.10, or 26.26
RCW—Enforcement—Consolidation.
Petition for an order for protection—Availability of forms and
informational brochures—Bond not required.
Development of instructions, informational brochures, forms,
and handbook by the administrator for the courts—Community resource list—Distribution of master copy.
Fees not permitted—Filing, service of process, certified copies.
Hearing—Service—Time.
Appointment of interpreter.
Relief—Duration—Realignment of designation of parties—
Award of costs, service fees, and attorneys' fees.
Ex parte temporary order for protection.
Issuance of order—Assistance of peace officer—Designation
of appropriate law enforcement agency.
Hearing reset after ex parte order—Service by publication—
Circumstances.
Order—Service—Fees.
Order following service by publication.
Order—Transmittal to law enforcement agency—Record in
law enforcement information system—Enforceability.
Violation of order—Penalties.
Enforcement of ex parte order—Knowledge of order prerequisite to penalties—Reasonable efforts to serve copy of order.
Violation of order—Prosecuting attorney or attorney for
municipality may be requested to assist—Costs and attorney's fee.
Service by mail.
Service by publication or mailing—Costs.
Order—Modification—Transmittal.
Residential placement or custody of a child—Prerequisite.
Peace officers—Immunity.
Domestic violence perpetrator programs.
(2004 Ed.)
Domestic Violence Prevention
26.50.160
26.50.160
26.50.165
26.50.200
26.50.210
26.50.220
26.50.900
26.50.901
26.50.902
26.50.903
Judicial information system—Data base (as amended by 2000
c 51).
Judicial information system—Data base (as amended by 2000
c 119).
Judicial information system—Names of adult cohabitants in
third-party custody actions.
Title to real estate—Effect.
Proceedings additional.
Parenting plan—Designation of parent for other state and federal purposes.
Short title.
Effective date—1984 c 263.
Severability—1984 c 263.
Severability—1992 c 111.
Abuse of children: Chapter 26.44 RCW.
Arrest without warrant: RCW 10.31.100(2).
Dissolution of marriage: Chapter 26.09 RCW.
Domestic violence, official response: Chapter 10.99 RCW.
Nonparental actions for child custody: Chapter 26.10 RCW.
Shelters for victims of domestic violence: Chapter 70.123 RCW.
26.50.010
26.50.010 Definitions. As used in this chapter, the following terms shall have the meanings given them:
(1) "Domestic violence" means: (a) Physical harm,
bodily injury, assault, or the infliction of fear of imminent
physical harm, bodily injury or assault, between family or
household members; (b) sexual assault of one family or
household member by another; or (c) stalking as defined in
RCW 9A.46.110 of one family or household member by
another family or household member.
(2) "Family or household members" means spouses,
former spouses, persons who have a child in common regardless of whether they have been married or have lived together
at any time, adult persons related by blood or marriage, adult
persons who are presently residing together or who have
resided together in the past, persons sixteen years of age or
older who are presently residing together or who have resided
together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a
person sixteen years of age or older has or has had a dating
relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren
and grandparents and grandchildren.
(3) "Dating relationship" means a social relationship of a
romantic nature. Factors that the court may consider in making this determination include: (a) The length of time the
relationship has existed; (b) the nature of the relationship;
and (c) the frequency of interaction between the parties.
(4) "Court" includes the superior, district, and municipal
courts of the state of Washington.
(5) "Judicial day" does not include Saturdays, Sundays,
or legal holidays.
(6) "Electronic monitoring" means a program in which a
person's presence at a particular location is monitored from a
remote location by use of electronic equipment.
(7) "Essential personal effects" means those items necessary for a person's immediate health, welfare, and livelihood.
"Essential personal effects" includes but is not limited to
clothing, cribs, bedding, documents, medications, and personal hygiene items. [1999 c 184 § 13; 1995 c 246 § 1. Prior:
1992 c 111 § 7; 1992 c 86 § 3; 1991 c 301 § 8; 1984 c 263 §
2.]
Short title—Severability—1999 c 184: See RCW 26.52.900 and
26.52.902.
(2004 Ed.)
26.50.020
Severability—1995 c 246: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1995 c 246 § 40.]
Findings—1992 c 111: See note following RCW 26.50.030.
Finding—1991 c 301: See note following RCW 10.99.020.
Domestic violence offenses defined: RCW 10.99.020.
26.50.020
26.50.020 Commencement of action—Jurisdiction—
Venue. (1) Any person may seek relief under this chapter by
filing a petition with a court alleging that the person has been
the victim of domestic violence committed by the respondent.
The person may petition for relief on behalf of himself or herself and on behalf of minor family or household members.
(2) A person under eighteen years of age who is sixteen
years of age or older may seek relief under this chapter and is
not required to seek relief by a guardian or next friend.
(3) No guardian or guardian ad litem need be appointed
on behalf of a respondent to an action under this chapter who
is under eighteen years of age if such respondent is sixteen
years of age or older.
(4) The court may, if it deems necessary, appoint a
guardian ad litem for a petitioner or respondent who is a party
to an action under this chapter.
(5) The courts defined in *RCW 26.50.010(3) have jurisdiction over proceedings under this chapter. The jurisdiction
of district and municipal courts under this chapter shall be
limited to enforcement of RCW 26.50.110(1), or the equivalent municipal ordinance, and the issuance and enforcement
of temporary orders for protection provided for in RCW
26.50.070 if: (a) A superior court has exercised or is exercising jurisdiction over a proceeding under this title or chapter
13.34 RCW involving the parties; (b) the petition for relief
under this chapter presents issues of residential schedule of
and contact with children of the parties; or (c) the petition for
relief under this chapter requests the court to exclude a party
from the dwelling which the parties share. When the jurisdiction of a district or municipal court is limited to the issuance
and enforcement of a temporary order, the district or municipal court shall set the full hearing provided for in RCW
26.50.050 in superior court and transfer the case. If the notice
and order are not served on the respondent in time for the full
hearing, the issuing court shall have concurrent jurisdiction
with the superior court to extend the order for protection.
(6) An action under this chapter shall be filed in the
county or the municipality where the petitioner resides,
unless the petitioner has left the residence or household to
avoid abuse. In that case, the petitioner may bring an action in
the county or municipality of the previous or the new household or residence.
(7) A person's right to petition for relief under this chapter is not affected by the person leaving the residence or
household to avoid abuse. [1992 c 111 § 8; 1989 c 375 § 28;
1987 c 71 § 1; 1985 c 303 § 1; 1984 c 263 § 3.]
*Reviser's note: RCW 26.50.010(3) was renumbered as RCW
26.50.010(4) by 1992 c 111 § 7.
Findings—1992 c 111: See note following RCW 26.50.030.
Severability—1989 c 375: See RCW 26.09.914.
Effective date—1985 c 303 §§ 1, 2: "Sections 1 and 2 of this act shall
take effect September 1, 1985." [1985 c 303 § 15.]
[Title 26 RCW—page 147]
26.50.021
Title 26 RCW: Domestic Relations
26.50.021
26.50.021 Actions on behalf of vulnerable adults—
Authority of department of social and health services—
Immunity from liability. The department of social and
health services, in its discretion, may seek the relief provided
in this chapter on behalf of and with the consent of any vulnerable adult as those persons are defined in RCW 74.34.020.
Neither the department nor the state of Washington shall be
liable for failure to seek relief on behalf of any persons under
this section. [2000 c 119 § 1.]
Application—2000 c 119: "The penalties prescribed in this act apply to
violations of court orders which occur on or after July 1, 2000, regardless of
the date the court issued the order." [2000 c 119 § 31.]
26.50.025
26.50.025 Orders under this chapter and chapter
26.09, 26.10, or 26.26 RCW—Enforcement—Consolidation. (1) Any order available under this chapter may be
issued in actions under chapter 26.09, 26.10, or 26.26 RCW.
If an order for protection is issued in an action under chapter
26.09, 26.10, or 26.26 RCW, the order shall be issued on the
forms mandated by RCW 26.50.035(1). An order issued in
accordance with this subsection is fully enforceable and shall
be enforced under the provisions of this chapter.
(2) If a party files an action under chapter 26.09, 26.10,
or 26.26 RCW, an order issued previously under this chapter
between the same parties may be consolidated by the court
under that action and cause number. Any order issued under
this chapter after consolidation shall contain the original
cause number and the cause number of the action under chapter 26.09, 26.10, or 26.26 RCW. Relief under this chapter
shall not be denied or delayed on the grounds that the relief is
available in another action. [1995 c 246 § 2.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.030
26.50.030 Petition for an order for protection—
Availability of forms and informational brochures—
Bond not required. There shall exist an action known as a
petition for an order for protection in cases of domestic violence.
(1) A petition for relief shall allege the existence of
domestic violence, and shall be accompanied by an affidavit
made under oath stating the specific facts and circumstances
from which relief is sought. Petitioner and respondent shall
disclose the existence of any other litigation concerning the
custody or residential placement of a child of the parties as
set forth in *RCW 26.27.090 and the existence of any other
restraining, protection, or no-contact orders between the parties.
(2) A petition for relief may be made regardless of
whether or not there is a pending lawsuit, complaint, petition,
or other action between the parties except in cases where the
court realigns petitioner and respondent in accordance with
RCW 26.50.060(4).
(3) Within ninety days of receipt of the master copy from
the administrator for the courts, all court clerk's offices shall
make available the standardized forms, instructions, and
informational brochures required by RCW 26.50.035 and
shall fill in and keep current specific program names and telephone numbers for community resources. Any assistance or
information provided by clerks under this section does not
constitute the practice of law and clerks are not responsible
for incorrect information contained in a petition.
[Title 26 RCW—page 148]
(4) No filing fee may be charged for proceedings under
this section. Forms and instructional brochures shall be provided free of charge.
(5) A person is not required to post a bond to obtain relief
in any proceeding under this section. [1996 c 248 § 12; 1995
c 246 § 3; 1992 c 111 § 2; 1985 c 303 § 2; 1984 c 263 § 4.]
*Reviser's note: RCW 26.27.090 was repealed by 2001 c 65 § 403.
Later enactment, see RCW 26.27.281.
Severability—1995 c 246: See note following RCW 26.50.010.
Findings—1992 c 111: "The legislature finds that:
Domestic violence is a problem of immense proportions affecting individuals as well as communities. Domestic violence has long been recognized
as being at the core of other major social problems: Child abuse, other
crimes of violence against person or property, juvenile delinquency, and
alcohol and drug abuse. Domestic violence costs millions of dollars each
year in the state of Washington for health care, absence from work, services
to children, and more. The crisis is growing.
While the existing protection order process can be a valuable tool to
increase safety for victims and to hold batterers accountable, specific problems in its use have become evident. Victims have difficulty completing the
paperwork required particularly if they have limited English proficiency;
model forms have been modified to be inconsistent with statutory language;
different forms create confusion for law enforcement agencies about the contents and enforceability of orders. Refinements are needed so that victims
have the easy, quick, and effective access to the court system envisioned at
the time the protection order process was first created.
When courts issue mutual protection orders without the filing of separate written petitions, notice to each respondent, and hearing on each petition, the original petitioner is deprived of due process. Mutual protection
orders label both parties as violent and treat both as being equally at fault:
Batterers conclude that the violence is excusable or provoked and victims
who are not violent are confused and stigmatized. Enforcement may be ineffective and mutual orders may be used in other proceedings as evidence that
the victim is equally at fault.
Valuable information about the reported incidents of domestic violence
in the state of Washington is unobtainable without gathering data from all
law enforcement agencies; without this information, it is difficult for policymakers, funders, and service providers to plan for the resources and services
needed to address the issue.
Domestic violence must be addressed more widely and more effectively in our state: Greater knowledge by professionals who deal frequently
with domestic violence is essential to enforce existing laws, to intervene in
domestic violence situations that do not come to the attention of the law
enforcement or judicial systems, and to reduce and prevent domestic violence by intervening before the violence becomes severe.
Adolescent dating violence is occurring at increasingly high rates: Preventing and confronting adolescent violence is important in preventing
potential violence in future adult relationships." [1992 c 111 § 1.]
Effective date—1985 c 303 §§ 1, 2: See note following RCW
26.50.020.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
26.50.035
26.50.035 Development of instructions, informational brochures, forms, and handbook by the administrator for the courts—Community resource list—Distribution of master copy. (1) The administrator for the courts
shall develop and prepare instructions and informational brochures required under RCW 26.50.030(4), standard petition
and order for protection forms, and a court staff handbook on
domestic violence and the protection order process. The standard petition and order for protection forms must be used
after September 1, 1994, for all petitions filed and orders
issued under this chapter. The instructions, brochures, forms,
and handbook shall be prepared in consultation with interested persons, including a representative of the state domestic
violence coalition, judges, and law enforcement personnel.
(2004 Ed.)
Domestic Violence Prevention
(a) The instructions shall be designed to assist petitioners
in completing the petition, and shall include a sample of standard petition and order for protection forms.
(b) The informational brochure shall describe the use of
and the process for obtaining, modifying, and terminating a
domestic violence protection order as provided under this
chapter, an antiharassment no-contact order as provided
under chapter 9A.46 RCW, a domestic violence no-contact
order as provided under chapter 10.99 RCW, a restraining
order as provided under chapters 26.09, 26.10, 26.26, and
26.44 RCW, an antiharassment protection order as provided
by chapter 10.14 RCW, and a foreign protection order as
defined in chapter 26.52 RCW.
(c) The order for protection form shall include, in a conspicuous location, notice of criminal penalties resulting from
violation of the order, and the following statement: "You can
be arrested even if the person or persons who obtained the
order invite or allow you to violate the order's prohibitions.
The respondent has the sole responsibility to avoid or refrain
from violating the order's provisions. Only the court can
change the order upon written application."
(d) The court staff handbook shall allow for the addition
of a community resource list by the court clerk.
(2) All court clerks shall obtain a community resource
list from a domestic violence program, defined in RCW
70.123.020, serving the county in which the court is located.
The community resource list shall include the names and
telephone numbers of domestic violence programs serving
the community in which the court is located, including law
enforcement agencies, domestic violence agencies, sexual
assault agencies, legal assistance programs, interpreters, multicultural programs, and batterers' treatment programs. The
court shall make the community resource list available as part
of or in addition to the informational brochures described in
subsection (1) of this section.
(3) The administrator for the courts shall distribute a
master copy of the petition and order forms, instructions, and
informational brochures to all court clerks and shall distribute
a master copy of the petition and order forms to all superior,
district, and municipal courts.
(4) For purposes of this section, "court clerks" means
court administrators in courts of limited jurisdiction and
elected court clerks.
(5) The administrator for the courts shall determine the
significant non-English-speaking or limited English-speaking populations in the state. The administrator shall then
arrange for translation of the instructions and informational
brochures required by this section, which shall contain a sample of the standard petition and order for protection forms,
into the languages spoken by those significant non-Englishspeaking populations and shall distribute a master copy of the
translated instructions and informational brochures to all
court clerks by January 1, 1997.
(6) The administrator for the courts shall update the
instructions, brochures, standard petition and order for protection forms, and court staff handbook when changes in the
law make an update necessary. [2000 c 119 § 14; 1995 c 246
§ 4; 1993 c 350 § 2; 1985 c 303 § 3; 1984 c 263 § 31.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
(2004 Ed.)
26.50.055
Findings—1993 c 350: "The legislature finds that domestic violence is
a problem of immense proportions affecting individuals as well as communities. Domestic violence has long been recognized as being at the core of
other major social problems including child abuse, crimes of violence
against person or property, juvenile delinquency, and alcohol and drug
abuse. Domestic violence costs include the loss of lives as well as millions of
dollars each year in the state of Washington for health care, absence from
work, and services to children. The crisis is growing.
While the existing protection order process can be a valuable tool to
increase safety for victims and to hold batterers accountable, specific problems in its use have become evident. Victims have difficulty completing the
paperwork required; model forms have been modified to be inconsistent with
statutory language; different forms create confusion for law enforcement
agencies about the contents and enforceability of orders. Refinements are
needed so that victims have the easy, quick, and effective access to the court
system envisioned at the time the protection order process was first created.
Valuable information about the reported incidents of domestic violence
in the state of Washington is unobtainable without gathering data from all
law enforcement agencies. Without this information, it is difficult for policymakers, funders, and service providers to plan for the resources and services
needed to address the issue." [1993 c 350 § 1.]
Severability—1993 c 350: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1993 c 350 § 9.]
26.50.040
26.50.040 Fees not permitted—Filing, service of process, certified copies. No fees for filing or service of process
may be charged by a public agency to petitioners seeking
relief under this chapter. Petitioners shall be provided the
necessary number of certified copies at no cost. [1995 c 246
§ 5; 1985 c 303 § 4; 1984 c 263 § 5.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.050
26.50.050 Hearing—Service—Time. Upon receipt of
the petition, the court shall order a hearing which shall be
held not later than fourteen days from the date of the order.
The court may schedule a hearing by telephone pursuant to
local court rule, to reasonably accommodate a disability, or in
exceptional circumstances to protect a petitioner from further
acts of domestic violence. The court shall require assurances
of the petitioner's identity before conducting a telephonic
hearing. Except as provided in RCW 26.50.085 and
26.50.123, personal service shall be made upon the respondent not less than five court days prior to the hearing. If
timely personal service cannot be made, the court shall set a
new hearing date and shall either require additional attempts
at obtaining personal service or permit service by publication
as provided in RCW 26.50.085 or service by mail as provided
in RCW 26.50.123. If the court permits service by publication or by mail, the court shall set the hearing date not later
than twenty-four days from the date of the order. The court
may issue an ex parte order for protection pending the hearing as provided in RCW 26.50.070, 26.50.085, and
26.50.123. [1995 c 246 § 6; 1992 c 143 § 1; 1984 c 263 § 6.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.055
26.50.055 Appointment of interpreter. (1) Pursuant to
chapter 2.42 RCW, an interpreter shall be appointed for any
party who, because of a hearing or speech impairment, cannot
readily understand or communicate in spoken language.
(2) Pursuant to chapter 2.43 RCW, an interpreter shall be
appointed for any party who cannot readily speak or understand the English language.
[Title 26 RCW—page 149]
26.50.060
Title 26 RCW: Domestic Relations
(3) The interpreter shall translate or interpret for the
party in preparing forms, participating in the hearing and
court-ordered assessments, and translating any orders. [1995
c 246 § 11.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.060
26.50.060 Relief—Duration—Realignment of designation of parties—Award of costs, service fees, and attorneys' fees. (1) Upon notice and after hearing, the court may
provide relief as follows:
(a) Restrain the respondent from committing acts of
domestic violence;
(b) Exclude the respondent from the dwelling that the
parties share, from the residence, workplace, or school of the
petitioner, or from the day care or school of a child;
(c) Prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified distance
from a specified location;
(d) On the same basis as is provided in chapter 26.09
RCW, the court shall make residential provision with regard
to minor children of the parties. However, parenting plans as
specified in chapter 26.09 RCW shall not be required under
this chapter;
(e) Order the respondent to participate in a domestic violence perpetrator treatment program approved under RCW
26.50.150;
(f) Order other relief as it deems necessary for the protection of the petitioner and other family or household members
sought to be protected, including orders or directives to a
peace officer, as allowed under this chapter;
(g) Require the respondent to pay the administrative
court costs and service fees, as established by the county or
municipality incurring the expense and to reimburse the petitioner for costs incurred in bringing the action, including reasonable attorneys' fees;
(h) Restrain the respondent from having any contact with
the victim of domestic violence or the victim's children or
members of the victim's household;
(i) Require the respondent to submit to electronic monitoring. The order shall specify who shall provide the electronic monitoring services and the terms under which the
monitoring must be performed. The order also may include a
requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the respondent to
pay for electronic monitoring;
(j) Consider the provisions of RCW 9.41.800;
(k) Order possession and use of essential personal
effects. The court shall list the essential personal effects with
sufficient specificity to make it clear which property is
included; and
(l) Order use of a vehicle.
(2) If a protection order restrains the respondent from
contacting the respondent's minor children the restraint shall
be for a fixed period not to exceed one year. This limitation is
not applicable to orders for protection issued under chapter
26.09, 26.10, or 26.26 RCW. With regard to other relief, if
the petitioner has petitioned for relief on his or her own
behalf or on behalf of the petitioner's family or household
members or minor children, and the court finds that the
respondent is likely to resume acts of domestic violence
[Title 26 RCW—page 150]
against the petitioner or the petitioner's family or household
members or minor children when the order expires, the court
may either grant relief for a fixed period or enter a permanent
order of protection.
If the petitioner has petitioned for relief on behalf of the
respondent's minor children, the court shall advise the petitioner that if the petitioner wants to continue protection for a
period beyond one year the petitioner may either petition for
renewal pursuant to the provisions of this chapter or may seek
relief pursuant to the provisions of chapter 26.09 or 26.26
RCW.
(3) If the court grants an order for a fixed time period, the
petitioner may apply for renewal of the order by filing a petition for renewal at any time within the three months before
the order expires. The petition for renewal shall state the reasons why the petitioner seeks to renew the protection order.
Upon receipt of the petition for renewal the court shall order
a hearing which shall be not later than fourteen days from the
date of the order. Except as provided in RCW 26.50.085, personal service shall be made on the respondent not less than
five days before the hearing. If timely service cannot be made
the court shall set a new hearing date and shall either require
additional attempts at obtaining personal service or permit
service by publication as provided in RCW 26.50.085 or by
mail as provided in RCW 26.50.123. If the court permits service by publication or mail, the court shall set the new hearing date not later than twenty-four days from the date of the
order. If the order expires because timely service cannot be
made the court shall grant an ex parte order of protection as
provided in RCW 26.50.070. The court shall grant the petition for renewal unless the respondent proves by a preponderance of the evidence that the respondent will not resume acts
of domestic violence against the petitioner or the petitioner's
children or family or household members when the order
expires. The court may renew the protection order for another
fixed time period or may enter a permanent order as provided
in this section. The court may award court costs, service fees,
and reasonable attorneys' fees as provided in *subsection
(1)(f) of this section.
(4) In providing relief under this chapter, the court may
realign the designation of the parties as "petitioner" and
"respondent" where the court finds that the original petitioner
is the abuser and the original respondent is the victim of
domestic violence and may issue an ex parte temporary order
for protection in accordance with RCW 26.50.070 on behalf
of the victim until the victim is able to prepare a petition for
an order for protection in accordance with RCW 26.50.030.
(5) Except as provided in subsection (4) of this section,
no order for protection shall grant relief to any party except
upon notice to the respondent and hearing pursuant to a petition or counter-petition filed and served by the party seeking
relief in accordance with RCW 26.50.050.
(6) The court order shall specify the date the order
expires if any. The court order shall also state whether the
court issued the protection order following personal service,
service by publication, or service by mail and whether the
court has approved service by publication or mail of an order
issued under this section.
(7) If the court declines to issue an order for protection or
declines to renew an order for protection, the court shall state
in writing on the order the particular reasons for the court's
(2004 Ed.)
Domestic Violence Prevention
denial. [2000 c 119 § 15; 1999 c 147 § 2; 1996 c 248 § 13;
1995 c 246 § 7; 1994 sp.s. c 7 § 457. Prior: 1992 c 143 § 2;
1992 c 111 § 4; 1992 c 86 § 4; 1989 c 411 § 1; 1987 c 460 §
55; 1985 c 303 § 5; 1984 c 263 § 7.]
*Reviser's note: Subsection (1)(f) of this section was renumbered as
subsection (1)(g) by 2000 c 119 § 15.
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Findings—1992 c 111: See note following RCW 26.50.030.
Short title—Section captions—Effective date—Severability—1987
c 460: See RCW 26.09.910 through 26.09.913.
26.50.070
26.50.070 Ex parte temporary order for protection.
(1) Where an application under this section alleges that irreparable injury could result from domestic violence if an order
is not issued immediately without prior notice to the respondent, the court may grant an ex parte temporary order for protection, pending a full hearing, and grant relief as the court
deems proper, including an order:
(a) Restraining any party from committing acts of
domestic violence;
(b) Restraining any party from going onto the grounds of
or entering the dwelling that the parties share, from the residence, workplace, or school of the other, or from the day care
or school of a child until further order of the court;
(c) Prohibiting any party from knowingly coming within,
or knowingly remaining within, a specified distance from a
specified location;
(d) Restraining any party from interfering with the
other's custody of the minor children or from removing the
children from the jurisdiction of the court;
(e) Restraining any party from having any contact with
the victim of domestic violence or the victim's children or
members of the victim's household; and
(f) Considering the provisions of RCW 9.41.800.
(2) Irreparable injury under this section includes but is
not limited to situations in which the respondent has recently
threatened petitioner with bodily injury or has engaged in
acts of domestic violence against the petitioner.
(3) The court shall hold an ex parte hearing in person or
by telephone on the day the petition is filed or on the following judicial day.
(4) An ex parte temporary order for protection shall be
effective for a fixed period not to exceed fourteen days or
twenty-four days if the court has permitted service by publication under RCW 26.50.085 or by mail under RCW
26.50.123. The ex parte order may be reissued. A full hearing, as provided in this chapter, shall be set for not later than
fourteen days from the issuance of the temporary order or not
later than twenty-four days if service by publication or by
mail is permitted. Except as provided in RCW 26.50.050,
26.50.085, and 26.50.123, the respondent shall be personally
served with a copy of the ex parte order along with a copy of
the petition and notice of the date set for the hearing.
(5) Any order issued under this section shall contain the
date and time of issuance and the expiration date and shall be
(2004 Ed.)
26.50.085
entered into a statewide judicial information system by the
clerk of the court within one judicial day after issuance.
(6) If the court declines to issue an ex parte temporary
order for protection the court shall state the particular reasons
for the court's denial. The court's denial of a motion for an ex
parte order of protection shall be filed with the court. [2000
c 119 § 16; 1996 c 248 § 14; 1995 c 246 § 8; 1994 sp.s. c 7 §
458; 1992 c 143 § 3; 1989 c 411 § 2; 1984 c 263 § 8.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and 439460: See note following RCW 9.41.010.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
26.50.080
26.50.080 Issuance of order—Assistance of peace
officer—Designation of appropriate law enforcement
agency. (1) When an order is issued under this chapter upon
request of the petitioner, the court may order a peace officer
to accompany the petitioner and assist in placing the petitioner in possession of those items indicated in the order or to
otherwise assist in the execution of the order of protection.
The order shall list all items that are to be included with sufficient specificity to make it clear which property is included.
Orders issued under this chapter shall include a designation
of the appropriate law enforcement agency to execute, serve,
or enforce the order.
(2) Upon order of a court, a peace officer shall accompany the petitioner in an order of protection and assist in placing the petitioner in possession of all items listed in the order
and to otherwise assist in the execution of the order. [1995 c
246 § 9; 1984 c 263 § 9.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.085
26.50.085 Hearing reset after ex parte order—Service by publication—Circumstances. (1) If the respondent
was not personally served with the petition, notice of hearing,
and ex parte order before the hearing, the court shall reset the
hearing for twenty-four days from the date of entry of the
order and may order service by publication instead of personal service under the following circumstances:
(a) The sheriff or municipal officer files an affidavit stating that the officer was unable to complete personal service
upon the respondent. The affidavit must describe the number
and types of attempts the officer made to complete service;
(b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding from the server to
avoid service. The petitioner's affidavit must state the reasons
for the belief that the petitioner [respondent] is avoiding service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this section, notice of hearing, and the ex parte order of protection in
the post office, directed to the respondent at the respondent's
last known address, unless the server states that the server
does not know the respondent's address; and
[Title 26 RCW—page 151]
26.50.090
Title 26 RCW: Domestic Relations
(d) The court finds reasonable grounds exist to believe
that the respondent is concealing himself or herself to avoid
service, and that further attempts to personally serve the
respondent would be futile or unduly burdensome.
(2) The court shall reissue the temporary order of protection not to exceed another twenty-four days from the date of
reissuing the ex parte protection order and order to provide
service by publication.
(3) The publication shall be made in a newspaper of general circulation in the county where the petition was brought
and in the county of the last known address of the respondent
once a week for three consecutive weeks. The newspaper
selected must be one of the three most widely circulated
papers in the county. The publication of summons shall not
be made until the court orders service by publication under
this section. Service of the summons shall be considered
complete when the publication has been made for three consecutive weeks. The summons must be signed by the petitioner. The summons shall contain the date of the first publication, and shall require the respondent upon whom service
by publication is desired, to appear and answer the petition on
the date set for the hearing. The summons shall also contain a
brief statement of the reason for the petition and a summary
of the provisions under the ex parte order. The summons shall
be essentially in the following form:
In the . . . . . . . . . court of the state of Washington for
the county of . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . , Petitioner
vs.
No. . . . . . .
. . . . . . . . . . . . . . . . . . . . , Respondent
The state of Washington to . . . . . . . . . . . (respondent):
You are hereby summoned to appear on the . . . . day
of . . . . . ., 19 . . ., at . . . . a.m./p.m., and respond to the
petition. If you fail to respond, an order of protection will
be issued against you pursuant to the provisions of the
domestic violence protection act, chapter 26.50 RCW, for a
minimum of one year from the date you are required to
appear. A temporary order of protection has been issued
against you, restraining you from the following: (Insert a
brief statement of the provisions of the ex parte order). A
copy of the petition, notice of hearing, and ex parte order
has been filed with the clerk of this court.
.....................
Petitioner . . . . . . . . . . . . .
[1992 c 143 § 4.]
26.50.090
26.50.090 Order—Service—Fees. (1) An order issued
under this chapter shall be personally served upon the respondent, except as provided in subsections (6) and (8) of this section.
(2) The sheriff of the county or the peace officers of the
municipality in which the respondent resides shall serve the
respondent personally unless the petitioner elects to have the
respondent served by a private party.
(3) If service by a sheriff or municipal peace officer is to
be used, the clerk of the court shall have a copy of any order
[Title 26 RCW—page 152]
issued under this chapter forwarded on or before the next
judicial day to the appropriate law enforcement agency specified in the order for service upon the respondent. Service of
an order issued under this chapter shall take precedence over
the service of other documents unless they are of a similar
emergency nature.
(4) If the sheriff or municipal peace officer cannot complete service upon the respondent within ten days, the sheriff
or municipal peace officer shall notify the petitioner. The
petitioner shall provide information sufficient to permit notification.
(5) Returns of service under this chapter shall be made in
accordance with the applicable court rules.
(6) If an order entered by the court recites that the
respondent appeared in person before the court, the necessity
for further service is waived and proof of service of that order
is not necessary.
(7) Municipal police departments serving documents as
required under this chapter may collect from respondents
ordered to pay fees under RCW 26.50.060 the same fees for
service and mileage authorized by RCW 36.18.040 to be collected by sheriffs.
(8) If the court previously entered an order allowing service of the notice of hearing and temporary order of protection by publication pursuant to RCW 26.50.085 or by mail
pursuant to RCW 26.50.123, the court may permit service by
publication or by mail of the order of protection issued under
RCW 26.50.060. Service by publication must comply with
the requirements of RCW 26.50.085 and service by mail
must comply with the requirements of RCW 26.50.123. The
court order must state whether the court permitted service by
publication or by mail. [1995 c 246 § 10; 1992 c 143 § 6;
1985 c 303 § 6; 1984 c 263 § 10.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.095
26.50.095 Order following service by publication.
Following completion of service by publication as provided
in RCW 26.50.085 or by mail as provided in RCW
26.50.123, if the respondent fails to appear at the hearing, the
court may issue an order of protection as provided in RCW
26.50.060. That order must be served pursuant to RCW
26.50.090, and forwarded to the appropriate law enforcement
agency pursuant to RCW 26.50.100. [1995 c 246 § 12; 1992
c 143 § 5.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.100
26.50.100 Order—Transmittal to law enforcement
agency—Record in law enforcement information system—Enforceability. (1) A copy of an order for protection
granted under this chapter shall be forwarded by the clerk of
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order.
Upon receipt of the order, the law enforcement agency
shall forthwith enter the order into any computer-based criminal intelligence information system available in this state
used by law enforcement agencies to list outstanding warrants. The order shall remain in the computer for the period
stated in the order. The law enforcement agency shall only
expunge from the computer-based criminal intelligence
information system orders that are expired, vacated, or super(2004 Ed.)
Domestic Violence Prevention
seded. Entry into the law enforcement information system
constitutes notice to all law enforcement agencies of the
existence of the order. The order is fully enforceable in any
county in the state.
(2) The information entered into the computer-based
criminal intelligence information system shall include notice
to law enforcement whether the order was personally served,
served by publication, or served by mail. [1996 c 248 § 15;
1995 c 246 § 13; 1992 c 143 § 7; 1984 c 263 § 11.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.110
26.50.110 Violation of order—Penalties. (1) Whenever an order is granted under this chapter, chapter 10.99,
26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid foreign
protection order as defined in RCW 26.52.020, and the
respondent or person to be restrained knows of the order, a
violation of the restraint provisions, or of a provision excluding the person from a residence, workplace, school, or day
care, or of a provision prohibiting a person from knowingly
coming within, or knowingly remaining within, a specified
distance of a location, or of a provision of a foreign protection
order specifically indicating that a violation will be a crime,
for which an arrest is required under RCW 10.31.100(2) (a)
or (b), is a gross misdemeanor except as provided in subsections (4) and (5) of this section. Upon conviction, and in addition to any other penalties provided by law, the court may
require that the respondent submit to electronic monitoring.
The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring
shall be performed. The order also may include a requirement
that the respondent pay the costs of the monitoring. The court
shall consider the ability of the convicted person to pay for
electronic monitoring.
(2) A peace officer shall arrest without a warrant and
take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this
chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW,
or a valid foreign protection order as defined in RCW
26.52.020, that restrains the person or excludes the person
from a residence, workplace, school, or day care, or prohibits
the person from knowingly coming within, or knowingly
remaining within, a specified distance of a location, if the
person restrained knows of the order. Presence of the order in
the law enforcement computer-based criminal intelligence
information system is not the only means of establishing
knowledge of the order.
(3) A violation of an order issued under this chapter,
chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a
valid foreign protection order as defined in RCW 26.52.020,
shall also constitute contempt of court, and is subject to the
penalties prescribed by law.
(4) Any assault that is a violation of an order issued
under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or
74.34 RCW, or of a valid foreign protection order as defined
in RCW 26.52.020, and that does not amount to assault in the
first or second degree under RCW 9A.36.011 or 9A.36.021 is
a class C felony, and any conduct in violation of such an
order that is reckless and creates a substantial risk of death or
serious physical injury to another person is a class C felony.
(2004 Ed.)
26.50.115
(5) A violation of a court order issued under this chapter,
chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a
valid foreign protection order as defined in RCW 26.52.020,
is a class C felony if the offender has at least two previous
convictions for violating the provisions of an order issued
under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or
74.34 RCW, or a valid foreign protection order as defined in
RCW 26.52.020. The previous convictions may involve the
same victim or other victims specifically protected by the
orders the offender violated.
(6) Upon the filing of an affidavit by the petitioner or any
peace officer alleging that the respondent has violated an
order granted under this chapter, chapter 10.99, 26.09, 26.10,
26.26, or 74.34 RCW, or a valid foreign protection order as
defined in RCW 26.52.020, the court may issue an order to
the respondent, requiring the respondent to appear and show
cause within fourteen days why the respondent should not be
found in contempt of court and punished accordingly. The
hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation. [2000 c
119 § 24; 1996 c 248 § 16; 1995 c 246 § 14; 1992 c 86 § 5;
1991 c 301 § 6; 1984 c 263 § 12.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—1991 c 301: See note following RCW 10.99.020.
Violation of order protecting vulnerable adult: RCW 74.34.145.
26.50.115
26.50.115 Enforcement of ex parte order—Knowledge of order prerequisite to penalties—Reasonable
efforts to serve copy of order. (1) When the court issues an
ex parte order pursuant to RCW 26.50.070 or an order of protection pursuant to RCW 26.50.060, the court shall advise the
petitioner that the respondent may not be subjected to the
penalties set forth in RCW 26.50.110 for a violation of the
order unless the respondent knows of the order.
(2) When a peace officer investigates a report of an
alleged violation of an order for protection issued under this
chapter the officer shall attempt to determine whether the
respondent knew of the existence of the protection order. If
the law enforcement officer determines that the respondent
did not or probably did not know about the protection order
and the officer is provided a current copy of the order, the
officer shall serve the order on the respondent if the respondent is present. If the respondent is not present, the officer
shall make reasonable efforts to serve a copy of the order on
the respondent. If the officer serves the respondent with the
petitioner's copy of the order, the officer shall give petitioner
a receipt indicating that petitioner's copy has been served on
the respondent. After the officer has served the order on the
respondent, the officer shall enforce prospective compliance
with the order.
(3) Presentation of an unexpired, certified copy of a protection order with proof of service is sufficient for a law
enforcement officer to enforce the order regardless of the
presence of the order in the law enforcement computer-based
criminal intelligence information system. [1996 c 248 § 17;
1995 c 246 § 15; 1992 c 143 § 8.]
Severability—1995 c 246: See note following RCW 26.50.010.
[Title 26 RCW—page 153]
26.50.120
Title 26 RCW: Domestic Relations
26.50.120
26.50.120 Violation of order—Prosecuting attorney
or attorney for municipality may be requested to assist—
Costs and attorney's fee. When a party alleging a violation
of an order for protection issued under this chapter states that
the party is unable to afford private counsel and asks the prosecuting attorney for the county or the attorney for the municipality in which the order was issued for assistance, the attorney shall initiate and prosecute a contempt proceeding if
there is probable cause to believe that the violation occurred.
In this action, the court may require the violator of the order
to pay the costs incurred in bringing the action, including a
reasonable attorney's fee. [1984 c 263 § 13.]
26.50.123
26.50.123 Service by mail. (1) In circumstances justifying service by publication under RCW 26.50.085(1), if the
serving party files an affidavit stating facts from which the
court determines that service by mail is just as likely to give
actual notice as service by publication and that the serving
party is unable to afford the cost of service by publication, the
court may order that service be made by mail. Such service
shall be made by any person over eighteen years of age, who
is competent to be a witness, other than a party, by mailing
copies of the order and other process to the party to be served
at his or her last known address or any other address determined by the court to be appropriate. Two copies shall be
mailed, postage prepaid, one by ordinary first class mail and
the other by a form of mail requiring a signed receipt showing
when and to whom it was delivered. The envelopes must bear
the return address of the sender.
(2) Proof of service under this section shall be consistent
with court rules for civil proceedings.
(3) Service under this section may be used in the same
manner and shall have the same jurisdictional effect as service by publication for purposes of this chapter. Service shall
be deemed complete upon the mailing of two copies as prescribed in this section. [1995 c 246 § 16.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.125
26.50.125 Service by publication or mailing—Costs.
Except as provided in RCW 10.14.055, the court may permit
service by publication or by mail under this chapter only if
the petitioner pays the cost of publication or mailing unless
the county legislative authority allocates funds for service of
process by publication or by mail for indigent petitioners.
[2002 c 117 § 5; 1995 c 246 § 17; 1992 c 143 § 9.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.130
26.50.130 Order—Modification—Transmittal.
Upon application with notice to all parties and after a hearing,
the court may modify the terms of an existing order for protection. In any situation where an order is terminated or modified before its expiration date, the clerk of the court shall forward on or before the next judicial day a true copy of the
modified order or the termination order to the appropriate law
enforcement agency specified in the modified or termination
order. Upon receipt of the order, the law enforcement agency
shall promptly enter it in the law enforcement information
system. [1984 c 263 § 14.]
[Title 26 RCW—page 154]
26.50.135 Residential placement or custody of a
child—Prerequisite. (1) Before granting an order under this
chapter directing residential placement of a child or restraining or limiting a party's contact with a child, the court shall
consult the judicial information system, if available, to determine the pendency of other proceedings involving the residential placement of any child of the parties for whom residential placement has been requested.
(2) Jurisdictional issues regarding out-of-state proceedings involving the custody or residential placement of any
child of the parties shall be governed by the uniform child
custody jurisdiction act, chapter 26.27 RCW. [1995 c 246 §
19.]
26.50.135
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.140 Peace officers—Immunity. No peace
officer may be held criminally or civilly liable for making an
arrest under RCW 26.50.110 if the police officer acts in good
faith and without malice. [1984 c 263 § 17.]
26.50.140
26.50.150 Domestic violence perpetrator programs.
The department of social and health services shall adopt rules
for standards of approval of domestic violence perpetrator
programs that accept perpetrators of domestic violence into
treatment to satisfy court orders or that represent the programs as ones that treat domestic violence perpetrators. The
treatment must meet the following minimum qualifications:
(1) All treatment must be based upon a full, complete
clinical intake including: Current and past violence history; a
lethality risk assessment; a complete diagnostic evaluation; a
substance abuse assessment; criminal history; assessment of
cultural issues, learning disabilities, literacy, and special language needs; and a treatment plan that adequately and appropriately addresses the treatment needs of the individual.
(2) To facilitate communication necessary for periodic
safety checks and case monitoring, the program must require
the perpetrator to sign the following releases:
(a) A release for the program to inform the victim and
victim's community and legal advocates that the perpetrator
is in treatment with the program, and to provide information,
for safety purposes, to the victim and victim's community and
legal advocates;
(b) A release to prior and current treatment agencies to
provide information on the perpetrator to the program; and
(c) A release for the program to provide information on
the perpetrator to relevant legal entities including: Lawyers,
courts, parole, probation, child protective services, and child
welfare services.
(3) Treatment must be for a minimum treatment period
defined by the secretary of the department by rule. The
weekly treatment sessions must be in a group unless there is
a documented, clinical reason for another modality. Any
other therapies, such as individual, marital, or family therapy,
substance abuse evaluations or therapy, medication reviews,
or psychiatric interviews, may be concomitant with the
weekly group treatment sessions described in this section but
not a substitute for it.
(4) The treatment must focus primarily on ending the
violence, holding the perpetrator accountable for his or her
violence, and changing his or her behavior. The treatment
must be based on nonvictim-blaming strategies and philoso26.50.150
(2004 Ed.)
Foreign Protection Order Full Faith and Credit Act
phies and shall include education about the individual, family, and cultural dynamics of domestic violence. If the perpetrator or the victim has a minor child, treatment must specifically include education regarding the effects of domestic
violence on children, such as the emotional impacts of
domestic violence on children and the long-term consequences that exposure to incidents of domestic violence may
have on children.
(5) Satisfactory completion of treatment must be contingent upon the perpetrator meeting specific criteria, defined by
rule by the secretary of the department, and not just upon the
end of a certain period of time or a certain number of sessions.
(6) The program must have policies and procedures for
dealing with reoffenses and noncompliance.
(7) All evaluation and treatment services must be provided by, or under the supervision of, qualified personnel.
(8) The secretary of the department may adopt rules and
establish fees as necessary to implement this section. [1999 c
147 § 1; 1991 c 301 § 7.]
Finding—1991 c 301: See note following RCW 10.99.020.
26.50.160
26.50.160 Judicial information system—Data base (as amended by
2000 c 51). To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders, the
judicial information system shall be available in each district, municipal, and
superior court by July 1, 1997, and shall include a data base containing the
following information:
(1) The names of the parties and the cause number for every order of
protection issued under this title, every criminal no-contact order issued
under chapter 10.99 RCW, every antiharassment order issued under chapter
10.14 RCW, every dissolution action under chapter 26.09 RCW, every thirdparty custody action under chapter 26.10 RCW, ((and)) every parentage
action under chapter 26.10 RCW, and every order for protection issued under
chapter 74.34 RCW;
(2) A criminal history of the parties; and
(3) Other relevant information necessary to assist courts in issuing
orders under this chapter as determined by the judicial information system
committee. [2000 c 51 § 1; 1995 c 246 § 18.]
Chapter 26.52
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.165
26.50.165 Judicial information system—Names of
adult cohabitants in third-party custody actions. In addition to the information required to be included in the judicial
information system under RCW 26.50.160, the data base
shall contain the names of any adult cohabitant of a petitioner
to a third-party custody action under chapter 26.10 RCW.
[2003 c 105 § 4.]
26.50.200
26.50.200 Title to real estate—Effect. Nothing in this
chapter may affect the title to real estate: PROVIDED, That
a judgment for costs or fees awarded under this chapter shall
constitute a lien on real estate to the extent provided in chapter 4.56 RCW. [1985 c 303 § 7; 1984 c 263 § 15.]
26.50.210
26.50.210 Proceedings additional. Any proceeding
under chapter 263, Laws of 1984 is in addition to other civil
or criminal remedies. [1984 c 263 § 16.]
26.50.220
26.50.220 Parenting plan—Designation of parent for
other state and federal purposes. Solely for the purposes of
all other state and federal statutes which require a designation
or determination of custody, a parenting plan shall designate
the parent with whom the child is scheduled to reside a
majority of the time as the custodian of the child. However,
this designation shall not affect either parent's rights and
responsibilities under the parenting plan. In the absence of
such a designation, the parent with whom the child is scheduled to reside the majority of the time shall be deemed to be
the custodian of the child for the purposes of such federal and
state statutes. [1989 c 375 § 26.]
Severability—1989 c 375: See RCW 26.09.914.
26.50.900
26.50.900 Short title. This chapter may be cited as the
"Domestic Violence Prevention Act". [1984 c 263 § 1.]
26.50.160
26.50.160 Judicial information system—Data base (as amended by
2000 c 119). To prevent the issuance of competing protection orders in different courts and to give courts needed information for issuance of orders,
the judicial information system shall be available in each district, municipal,
and superior court by July 1, 1997, and shall include a data base containing
the following information:
(1) The names of the parties and the cause number for every order of
protection issued under this title, every criminal no-contact order issued
under chapters 9A.46 and 10.99 RCW, every antiharassment order issued
under chapter 10.14 RCW, every dissolution action under chapter 26.09
RCW, every third-party custody action under chapter 26.10 RCW, ((and))
every parentage action under chapter ((26.10)) 26.26 RCW, every restraining
order issued on behalf of an abused child or adult dependent person under
chapter 26.44 RCW, every foreign protection order filed under chapter 26.52
RCW, and every order for protection of a vulnerable adult under chapter
74.34 RCW. When a guardian or the department of social and health services
has petitioned for relief on behalf of an abused child, adult dependent person,
or vulnerable adult, the name of the person on whose behalf relief was sought
shall be included in the data base as a party rather than the guardian or
department;
(2) A criminal history of the parties; and
(3) Other relevant information necessary to assist courts in issuing
orders under this chapter as determined by the judicial information system
committee. [2000 c 119 § 25; 1995 c 246 § 18.]
Reviser's note: RCW 26.50.160 was amended twice during the 2000
legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.
Application—2000 c 119: See note following RCW 26.50.021.
(2004 Ed.)
26.50.901
26.50.901 Effective date—1984 c 263. Sections 1
through 29 of this act shall take effect on September 1, 1984.
[1984 c 263 § 32.]
26.50.902
26.50.902 Severability—1984 c 263. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1984 c 263 § 33.]
26.50.903
26.50.903 Severability—1992 c 111. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1992 c 111 § 14.]
Chapter 26.52 RCW
FOREIGN PROTECTION ORDER FULL FAITH AND
CREDIT ACT
Chapter 26.52
Sections
26.52.005
26.52.010
Findings—Intent.
Definitions.
[Title 26 RCW—page 155]
26.52.005
26.52.020
26.52.030
26.52.040
26.52.050
26.52.060
26.52.070
26.52.080
26.52.900
26.52.901
26.52.902
Title 26 RCW: Domestic Relations
Foreign protection orders—Validity.
Foreign protection orders—Filing—Assistance.
Filed foreign protection orders—Transmittal to law enforcement agency—Entry into law enforcement information
system.
Peace officer immunity.
Fees not permitted for filing, preparation, or copies.
Violation of foreign orders—Penalties.
Child custody disputes.
Short title—1999 c 184.
Captions not law—1999 c 184.
Severability—1999 c 184.
26.52.005
26.52.005 Findings—Intent. The problem of women
fleeing across state lines to escape their abusers is epidemic
in the United States. In 1994, Congress enacted the violence
against women act (VAWA) as Title IV of the violent crime
control and law enforcement act (P.L. 103-322). The VAWA
provides for improved prevention and prosecution of violent
crimes against women and children. Section 2265 of the
VAWA (Title IV, P.L. 103-322) provides for nation-wide
enforcement of civil and criminal protection orders in state
and tribal courts throughout the country.
The legislature finds that existing statutes may not provide an adequate mechanism for victims, police, prosecutors,
and courts to enforce a foreign protection order in our state. It
is the intent of the legislature that the barriers faced by persons entitled to protection under a foreign protection order
will be removed and that violations of foreign protection
orders be criminally prosecuted in this state. [1999 c 184 §
2.]
26.52.010
26.52.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Domestic or family violence" includes, but is not
limited to, conduct when committed by one family member
against another that is classified in the jurisdiction where the
conduct occurred as a domestic violence crime or a crime
committed in another jurisdiction that under the laws of this
state would be classified as domestic violence under RCW
10.99.020.
(2) "Family or household members" means spouses,
former spouses, persons who have a child in common regardless of whether they have been married or have lived together
at any time, adult persons related by blood or marriage, adult
persons who are presently residing together or who have
resided together in the past, persons sixteen years of age or
older who are presently residing together or who have resided
together in the past and who have or have had a dating relationship, persons sixteen years of age or older with whom a
person sixteen years of age or older has or has had a dating
relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren
and grandparents and grandchildren.
(3) "Foreign protection order" means an injunction or
other order related to domestic or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing
violent or threatening acts or harassment against, or contact
or communication with or physical proximity to another person issued by a court of another state, territory, or possession
of the United States, the Commonwealth of Puerto Rico, or
the District of Columbia, or any United States military tribunal, or a tribal court, in a civil or criminal action.
[Title 26 RCW—page 156]
(4) "Harassment" includes, but is not limited to, conduct
that is classified in the jurisdiction where the conduct
occurred as harassment or a crime committed in another
jurisdiction that under the laws of this state would be classified as harassment under RCW 9A.46.040.
(5) "Judicial day" does not include Saturdays, Sundays,
or legal holidays in Washington state.
(6) "Person entitled to protection" means a person,
regardless of whether the person was the moving party in the
foreign jurisdiction, who is benefited by the foreign protection order.
(7) "Person under restraint" means a person, regardless
of whether the person was the responding party in the foreign
jurisdiction, whose ability to contact or communicate with
another person, or to be physically close to another person, is
restricted by the foreign protection order.
(8) "Sexual abuse" includes, but is not limited to, conduct that is classified in the jurisdiction where the conduct
occurred as a sex offense or a crime committed in another
jurisdiction that under the laws of this state would be classified as a sex offense under RCW 9.94A.030.
(9) "Stalking" includes, but is not limited to, conduct that
is classified in the jurisdiction where the conduct occurred as
stalking or a crime committed in another jurisdiction that
under the laws of this state would be classified as stalking
under RCW 9A.46.110.
(10) "Washington court" includes the superior, district,
and municipal courts of the state of Washington. [1999 c 184
§ 3.]
26.52.020
26.52.020 Foreign protection orders—Validity. A
foreign protection order is valid if the issuing court had jurisdiction over the parties and matter under the law of the state,
territory, possession, tribe, or United States military tribunal.
There is a presumption in favor of validity where an order
appears authentic on its face.
A person under restraint must be given reasonable notice
and the opportunity to be heard before the order of the foreign
state, territory, possession, tribe, or United States military tribunal was issued, provided, in the case of ex parte orders,
notice and opportunity to be heard was given as soon as possible after the order was issued, consistent with due process.
[1999 c 184 § 4.]
26.52.030
26.52.030 Foreign protection orders—Filing—Assistance. (1) A person entitled to protection who has a valid foreign protection order may file that order by presenting a certified, authenticated, or exemplified copy of the foreign protection order to a clerk of the court of a Washington court in
which the person entitled to protection resides or to a clerk of
the court of a Washington court where the person entitled to
protection believes enforcement may be necessary. Any outof-state department, agency, or court responsible for maintaining protection order records, may by facsimile or electronic transmission send a reproduction of the foreign protection order to the clerk of the court of Washington as long as it
contains a facsimile or digital signature by any person authorized to make such transmission.
(2) Filing of a foreign protection order with a court and
entry of the foreign protection order into any computer-based
(2004 Ed.)
Foreign Protection Order Full Faith and Credit Act
criminal intelligence information system available in this
state used by law enforcement agencies to list outstanding
warrants are not prerequisites for enforcement of the foreign
protection order.
(3) The court shall accept the filing of a foreign protection order without a fee or cost.
(4) The clerk of the court shall provide information to a
person entitled to protection of the availability of domestic
violence, sexual abuse, and other services to victims in the
community where the court is located and in the state.
(5) The clerk of the court shall assist the person entitled
to protection in completing an information form that must
include, but need not be limited to, the following:
(a) The name of the person entitled to protection and any
other protected parties;
(b) The name and address of the person who is subject to
the restraint provisions of the foreign protection order;
(c) The date the foreign protection order was entered;
(d) The date the foreign protection order expires;
(e) The relief granted under . . . . . . . . . . (specify the
relief awarded and citations thereto, and designate which of
the violations are arrestable offenses);
(f) The judicial district and contact information for court
administration for the court in which the foreign protection
order was entered;
(g) The social security number, date of birth, and
description of the person subject to the restraint provisions of
the foreign protection order;
(h) Whether the person who is subject to the restraint
provisions of the foreign protection order is believed to be
armed and dangerous;
(i) Whether the person who is subject to the restraint provisions of the foreign protection order was served with the
order, and if so, the method used to serve the order;
(j) The type and location of any other legal proceedings
between the person who is subject to the restraint provisions
and the person entitled to protection.
An inability to answer any of the above questions does
not preclude the filing or enforcement of a foreign protection
order.
(6) The clerk of the court shall provide the person entitled to protection with a copy bearing proof of filing with the
court.
(7) Any assistance provided by the clerk under this section does not constitute the practice of law. The clerk is not
liable for any incomplete or incorrect information that he or
she is provided. [1999 c 184 § 5.]
26.52.040 Filed foreign protection orders—Transmittal to law enforcement agency—Entry into law
enforcement information system. (1) The clerk of the court
shall forward a copy of a foreign protection order that is filed
under this chapter on or before the next judicial day to the
county sheriff along with the completed information form.
The clerk may forward the foreign protection order to the
county sheriff by facsimile or electronic transmission.
Upon receipt of a filed foreign protection order, the
county sheriff shall immediately enter the foreign protection
order into any computer-based criminal intelligence information system available in this state used by law enforcement
agencies to list outstanding warrants. The foreign protection
26.52.040
(2004 Ed.)
26.52.070
order must remain in the computer for the period stated in the
order. The county sheriff shall only expunge from the computer-based criminal intelligence information system foreign
protection orders that are expired, vacated, or superseded.
Entry into the law enforcement information system constitutes notice to all law enforcement agencies of the existence
of the foreign protection order. The foreign protection order
is fully enforceable in any county in the state.
(2) The information entered into the computer-based
criminal intelligence information system must include, if
available, notice to law enforcement whether the foreign protection order was served and the method of service. [1999 c
184 § 6.]
26.52.050
26.52.050 Peace officer immunity. A peace officer or
a peace officer's legal advisor may not be held criminally or
civilly liable for making an arrest under this chapter if the
peace officer or the peace officer's legal advisor acted in good
faith and without malice. [1999 c 184 § 7.]
26.52.060
26.52.060 Fees not permitted for filing, preparation,
or copies. A public agency may not charge a fee for filing or
preparation of certified, authenticated, or exemplified copies
to a person entitled to protection who seeks relief under this
chapter or to a foreign prosecutor or a foreign law enforcement agency seeking to enforce a protection order entered by
a Washington court. A person entitled to protection and foreign prosecutors or law enforcement agencies must be provided the necessary number of certified, authenticated, or
exemplified copies at no cost. [1999 c 184 § 8.]
26.52.070
26.52.070 Violation of foreign orders—Penalties. (1)
Whenever a foreign protection order is granted to a person
entitled to protection and the person under restraint knows of
the foreign protection order, a violation of a provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision excluding the
person under restraint from a residence, workplace, school, or
day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for
which the foreign protection order specifically indicates that
a violation will be a crime, is punishable under RCW
26.50.110.
(2) A peace officer shall arrest without a warrant and
take into custody a person when the peace officer has probable cause to believe that a foreign protection order has been
issued of which the person under restraint has knowledge and
the person under restraint has violated a provision of the foreign protection order that prohibits the person under restraint
from contacting or communicating with another person, or a
provision that excludes the person under restraint from a residence, workplace, school, or day care, or of a provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or
a violation of any provision for which the foreign protection
order specifically indicates that a violation will be a crime.
Presence of the order in the law enforcement computer-based
criminal intelligence information system is not the only
[Title 26 RCW—page 157]
26.52.080
Title 26 RCW: Domestic Relations
means of establishing knowledge of the order. [2000 c 119 §
26; 1999 c 184 § 9.]
Application—2000 c 119: See note following RCW 26.50.021.
26.52.080 Child custody disputes. (1) Any disputes
regarding provisions in foreign protection orders dealing with
custody of children, residential placement of children, or visitation with children shall be resolved judicially. The proper
venue and jurisdiction for such judicial proceedings shall be
determined in accordance with chapter 26.27 RCW and in
accordance with the parental kidnapping prevention act, 28
U.S.C. 1738A.
(2) A peace officer shall not remove a child from his or
her current placement unless:
(a) A writ of habeas corpus to produce the child has been
issued by a superior court of this state; or
(b) There is probable cause to believe that the child is
abused or neglected and the child would be injured or could
not be taken into custody if it were necessary to first obtain a
court order pursuant to RCW 13.34.050. [1999 c 184 § 10.]
26.52.080
26.52.900 Short title—1999 c 184. This act may be
known and cited as the foreign protection order full faith and
credit act. [1999 c 184 § 1.]
26.52.900
26.52.901 Captions not law—1999 c 184. Captions
used in this chapter are not part of the law. [1999 c 184 § 16.]
26.52.901
26.52.902 Severability—1999 c 184. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1999 c 184 § 17.]
26.52.902
[Title 26 RCW—page 158]
(2004 Ed.)
Title 27
Title 27
LIBRARIES, MUSEUMS, AND HISTORICAL ACTIVITIES
Chapters
27.04 State library.
27.12 Public libraries.
27.15 Library capital facility areas.
27.18 Interstate library compact.
27.20 State law library.
27.24 County law libraries.
27.34 State historical societies—Historic preservation.
27.40 Thomas Burke Memorial Washington State
Museum of University of Washington.
27.44 Indian graves and records.
27.48 Preservation of historical materials.
27.53 Archaeological sites and resources.
Chapter not to apply to certain materials printed in library or library district: RCW 82.04.600.
City libraries: RCW 35.22.280.
Highway advertising control act of 1961: Chapter 47.42 RCW.
Incorporation of libraries and scientific societies: Chapter 24.03 RCW.
Librarians—Qualifications and certification: RCW 27.04.055.
Periodicals, postage, purchase by public agencies—Manner of payment:
RCW 42.24.035.
Power of cities and towns to acquire art museums, auditoriums, etc.: RCW
35.21.020.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
State publications distribution center: Chapter 40.06 RCW.
Chapter 27.04
Chapter 27.04 RCW
STATE LIBRARY
Sections
27.04.010
27.04.045
27.04.055
27.04.100
27.04.900
27.04.901
Library created—Rule-making authority—Appointment of
state librarian.
Duties of state librarian—Lending fees for interlibrary services.
Qualifications of librarians—Rules—Fees.
Reimbursement of employees for offender or resident assaults.
State library commission—Transfer of functions to office of
the secretary of state.
Effective date—2002 c 342.
Certain library records exempt from public inspection: RCW 42.17.310.
27.04.010
27.04.010 Library created—Rule-making authority—Appointment of state librarian. (1) There shall be a
state library within the office of the secretary of state, and a
state librarian to serve as its chief executive officer.
(2) The secretary of state may make such rules under
chapter 34.05 RCW as necessary and proper to carry out the
purposes of this chapter.
(3) The secretary of state shall appoint a state librarian
who shall serve at the pleasure of the secretary of state. [2002
c 342 § 2; 1999 c 123 § 1; 1943 c 207 § 1; Rem. Supp. 1943
§ 8225-1. Prior: See Reviser's note below.]
Reviser's note: For prior laws on this subject, see Laws 1929 c 159;
1921 c 7 § 13; 1913 c 72; 1903 c 171; 1901 c 43 and 46; 1893 c 63; 1891 c
37; Code 1881 §§ 2588-2613.
(2004 Ed.)
27.04.045
27.04.045 Duties of state librarian—Lending fees for
interlibrary services. The state librarian shall be responsible and accountable for the following functions:
(1) Establishing content-related standards for common
formats and agency indexes for state agency-produced information. In developing these standards, the state librarian is
encouraged to seek involvement of, and comments from,
public and private entities with an interest in such standards;
(2) Managing and administering the state library;
(3) Exerting leadership in information access and the
development of library services;
(4) Acquiring library materials, equipment, and supplies
by purchase, exchange, gift, or otherwise; and, as appropriate, assisting the legislature, other state agencies, and other
libraries in the cost-effective purchase of information
resources;
(5) Employing and terminating personnel in accordance
with chapter 41.06 RCW as may be necessary to implement
the purposes of this chapter;
(6) Entering into agreements with other public or private
entities as a means of implementing the mission, goals, and
objectives of the state library and the entity with which it
enters such agreements. In agreements for services between
the library and other state agencies, the library may negotiate
an exchange of services in lieu of monetary reimbursement
for the library's indirect or overhead costs, when such an
arrangement facilitates the delivery of library services;
(7) Maintaining a library at the state capitol grounds to
effectively provide library and information services to members of the legislature, state officials, and state employees in
connection with their official duties;
(8) Serving as the depository for newspapers published
in the state of Washington thus providing a central location
for a valuable historical record for scholarly, personal, and
commercial reference and circulation;
(9) Promoting and facilitating electronic access to public
information and services, including providing, or providing
for, a service that identifies, describes, and provides location
information for government information through electronic
means, and that assists government agencies in making their
information more readily available to the public;
(10) Collecting and distributing copies of state publications, as defined in RCW 40.06.010, prepared by any state
agency for distribution. The state library shall maintain the
state publications distribution center, as provided in chapter
40.06 RCW. The office of the secretary of state, on recommendation of the state librarian, may provide by rule for
deposit with the state library of up to three copies of each
publication;
(11) Providing for the sale of library material in accordance with RCW 27.12.305;
(12) Providing advisory services to state agencies
regarding their information needs;
[Title 27 RCW—page 1]
27.04.055
Title 27 RCW: Libraries, Museums, and Historical Activities
(13) Providing for library and information service to residents and staff of state-supported residential institutions;
(14) Providing for library and information services to
persons throughout the state who are blind and/or physically
handicapped;
(15) Assisting individuals and groups such as libraries,
library boards, governing bodies, and citizens throughout the
state toward the establishment and development of library
services;
(16) Making studies and surveys of library needs in order
to provide, expand, enlarge, and otherwise improve access to
library facilities and services throughout the state;
(17) Serving as an interlibrary loan, information, reference, and referral resource for all libraries in the state. The
state library may charge lending fees to other libraries that
charge the state library for similar services. Money paid as
fees shall be retained by the state library as a recovery of
costs; and
(18) Accepting and expending in accordance with the
terms thereof grants of federal, state, local, or private funds.
For the purpose of qualifying to receive such grants, the state
librarian is authorized to make applications and reports
required by the grantor. [2002 c 342 § 3; 1999 c 123 § 5;
1996 c 171 § 6; 1989 c 96 § 7; 1984 c 152 § 2.]
Captions not law—Effective dates—1996 c 171: See notes following
RCW 43.105.250.
27.04.055 Qualifications of librarians—Rules—Fees.
No library serving a community having over four thousand
population, nor any library operated by the state or under its
authority, may have in its employ, in the position of librarian
or in any other full-time professional library position, a person who does not hold a librarian's certificate issued by the
state librarian or its predecessor. A full-time professional
library position, is one that requires, in the opinion of the
state librarian, a knowledge of information resources and
library/information service delivery equivalent to that
required for graduation from an accredited library education
program. This section does not apply to the state law library
or to county law libraries. The state librarian shall:
(1) Establish rules for, and prescribe and hold examinations to test, the qualifications of those seeking certificates as
librarians;
(2) Grant librarians' certificates without examination to
applicants who are graduates of library schools programs
accredited or otherwise officially recognized by the American library association for general library training, and grant
certificates to other applicants when it has satisfied itself by
examination that the applicant has attainments and abilities
equivalent to those of a graduate of a library school program
accredited or otherwise officially recognized by the American library association; and
(3) Charge a fee to recover the costs associated with the
application to be paid by each applicant for a librarian's certificate. Money paid as fees shall be retained by the state
library as a recovery of costs. [2002 c 342 § 4; 1999 c 123 §
4.]
27.04.055
27.04.100
27.04.100 Reimbursement of employees for offender
or resident assaults. (1) In recognition of prison overcrowding and the hazardous nature of employment in state institu[Title 27 RCW—page 2]
tions and offices, the legislature hereby provides a supplementary program to reimburse employees of the state library
for some of their costs attributable to their being the victims
of offender or resident assaults. This program shall be limited
to the reimbursement provided in this section.
(2) An employee is only entitled to receive the reimbursement provided in this section if the state librarian, or the
state librarian's designee, finds that each of the following has
occurred:
(a) An offender or resident has assaulted the employee
while the employee is performing the employee's official
duties and as a result thereof the employee has sustained injuries which have required the employee to miss days of work;
and
(b) The assault cannot be attributable to any extent to the
employee's negligence, misconduct, or failure to comply with
any rules or conditions of employment.
(3) The reimbursement authorized under this section
shall be as follows:
(a) The employee's accumulated sick leave days shall not
be reduced for the workdays missed;
(b) For each workday missed for which the employee is
not eligible to receive compensation under chapter 51.32
RCW, the employee shall receive full pay; and
(c) With respect to workdays missed for which the
employee will receive or has received compensation under
chapter 51.32 RCW, the employee shall be reimbursed in an
amount which, when added to that compensation, will result
in the employee receiving full pay for the workdays missed.
(4) Reimbursement under this section may not last
longer than three hundred sixty-five consecutive days after
the date of the injury.
(5) The employee shall not be entitled to the reimbursement provided in subsection (3) of this section for any workday for which the state librarian, or the state librarian's designee, finds that the employee has not diligently pursued his or
her compensation remedies under chapter 51.32 RCW.
(6) The reimbursement shall only be made for absences
which the state librarian, or the state librarian's designee,
believes are justified.
(7) While the employee is receiving reimbursement
under this section, he or she shall continue to be classified as
a state employee and the reimbursement amount shall be considered as salary or wages.
(8) All reimbursement payments required to be made to
employees under this section shall be made by the state
library. The payments shall be considered as a salary or wage
expense and shall be paid by the state library in the same
manner and from the same appropriations as other salary and
wage expenses of the state library.
(9) Should the legislature revoke the reimbursement
authorized under this section or repeal this section, no
affected employee is entitled thereafter to receive the reimbursement as a matter of contractual right.
(10) For the purposes of this section, "offender or resident" means: (a) Inmate as defined in *RCW 72.09.020, (b)
offender as defined in RCW 9.94A.030, (c) any other person
in the custody of or subject to the jurisdiction of the department of corrections, or (d) a resident of a state institution.
[1990 c 68 § 1.]
(2004 Ed.)
Public Libraries
*Reviser's note: RCW 72.09.020 was repealed by 1995 1st sp.s. c 19 §
36.
27.04.900
27.04.900 State library commission—Transfer of
functions to office of the secretary of state. (1) The state
library commission is hereby abolished and its powers,
duties, and functions are hereby transferred to the office of
the secretary of state. All references to the state library commission in the Revised Code of Washington shall be construed to mean the secretary of state or the office of the secretary of state.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
library commission or the state library shall be delivered to
the custody of the office of the secretary of state. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property employed by the state library commission or the
state library shall be made available to the office of the secretary of state. All funds, credits, or other assets held by the
state library commission or the state library shall be assigned
to the office of the secretary of state.
(b) Any appropriations made to the state library commission or the state library shall, on July 1, 2002, be transferred
and credited to the office of the secretary of state.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise
of the powers and the performance of the duties and functions
transferred, the director of financial management shall make
a determination as to the proper allocation and certify the
same to the state agencies concerned.
(3) All employees of the state library commission and
the state library are transferred to the jurisdiction of the office
of the secretary of state. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the
office of the secretary of state to perform their usual duties
upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in
accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the state
library commission or the state library shall be continued and
acted upon by the office of the secretary of state. All existing
contracts and obligations shall remain in full force and shall
be performed by the office of the secretary of state.
(5) The transfer of the powers, duties, functions, and personnel of the state library commission and the state library
shall not affect the validity of any act performed before July
1, 2002.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer.
Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment
records in accordance with the certification.
(7) Nothing contained in this section may be construed to
alter any existing collective bargaining unit or the provisions
of any existing collective bargaining agreement until the
agreement has expired or until the bargaining unit has been
(2004 Ed.)
Chapter 27.12
modified by action of the personnel resources board as provided by law.
(8) Subsequent to the merger of the state library into the
office of the secretary of state, any reduction-in-force actions
that occur on or before June 30, 2005, with respect to positions within the boundaries of the individual agency as the
agencies existed on June 30, 2002, shall afford lay-off rights
only to those positions that were within the boundaries of the
respective individual agency as the agencies existed on June
30, 2002. [2002 c 342 § 1.]
27.04.901
27.04.901 Effective date—2002 c 342. This act takes
effect July 1, 2002. [2002 c 342 § 8.]
Chapter 27.12
Chapter 27.12 RCW
PUBLIC LIBRARIES
Sections
27.12.010
27.12.020
27.12.025
27.12.030
27.12.040
27.12.050
27.12.060
27.12.070
27.12.079
27.12.080
27.12.090
27.12.100
27.12.110
27.12.120
27.12.130
27.12.140
27.12.150
27.12.160
27.12.170
27.12.180
27.12.190
27.12.210
27.12.212
27.12.215
27.12.220
27.12.222
27.12.223
27.12.240
27.12.260
27.12.270
27.12.280
27.12.285
27.12.290
27.12.300
27.12.305
27.12.310
27.12.320
27.12.321
27.12.330
27.12.340
27.12.350
27.12.355
Definitions.
Policy of state.
Authorization.
Libraries, how established.
Rural library districts—Establishment.
Rural library districts—Board of library trustees—Tax levies.
Rural library districts—General powers.
Rural county library districts or rural partial-county library
districts—Disbursement of revenues and collection of taxes.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive for
five years.
Regional libraries.
Intercounty rural library districts—Establishment.
Intercounty rural library districts—Establishment—Procedure.
Intercounty rural library districts—Expansion of existing districts.
Intercounty rural library districts—Assumption of property,
assets, liabilities.
Intercounty rural library districts—Board of trustees.
Intercounty rural library districts—Name may be adopted.
Intercounty rural library districts—Tax levies.
Intercounty rural library districts—District treasurer.
Intercounty rural library districts—Powers of board—Procedures.
Contracts for library service.
Library trustees—Appointment, election, removal, compensation.
Library trustees—Organization—Bylaws—Powers and
duties.
Community revitalization financing—Public improvements.
Job recruitment expenditures authorized.
Rural, island, and intercounty rural districts—Budget for capital outlays—Accumulation of funds.
Rural, island, and intercounty rural districts—General obligation bonds—Excess levies.
Bonds—Sale—Security for deposit.
Annual appropriations—Control of expenditures.
Annual report of trustees.
Rules and regulations—Free use of libraries.
Use by nonresidents—Exchange of books.
Library services for Indian tribes.
Violators may be excluded.
Gifts—Title to property.
Sale of library materials authorized—Disposition of proceeds.
Charter provisions superseded.
Dissolution—Disposition of property.
School district public libraries abolished—Disposition of
assets.
Penalty for injury to property.
Wilfully retaining books—Infraction.
Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
Rural county library district, island library district, or intercounty rural library district—Withdrawal or reannexation of
areas.
[Title 27 RCW—page 3]
27.12.010
27.12.360
27.12.370
27.12.380
27.12.390
27.12.395
27.12.400
27.12.410
27.12.420
27.12.430
27.12.440
27.12.450
27.12.470
Title 27 RCW: Libraries, Museums, and Historical Activities
Annexation of city or town into rural county library district,
island library district, or intercounty rural library district—
Initiation procedure.
Annexation of city or town into library district—Special election procedure.
Annexation of city or town into library district—Withdrawal
of annexed city or town.
Annexation of city or town into library district—Tax levies.
Annexation of city or town into library district—Assumption
of liabilities.
Island library districts—Establishment—Procedure.
Island library districts—Restrictions on establishment.
Island library districts—Board of trustees—Tax levies.
Island library districts—Name may be adopted.
Island library districts—Powers and limitations for indebtedness.
Island library districts—Dissolution, when.
Rural partial-county library districts.
Certain library records exempt from public inspection: RCW 42.17.310.
Librarians—Qualifications and certification: RCW 27.04.055.
Rural library district regular property tax levy: RCW 84.52.063.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
27.12.010
27.12.010 Definitions. As used in this chapter, unless
the context requires a different meaning:
(1) "Governmental unit" means any county, city, town,
rural county library district, intercounty rural library district,
rural partial-county library district, or island library district;
(2) "Legislative body" means the body authorized to
determine the amount of taxes to be levied in a governmental
unit; in rural county library districts, in intercounty rural
library districts, and in island library districts, the legislative
body shall be the board of library trustees of the district;
(3) "Library" means a free public library supported in
whole or in part with money derived from taxation;
(4) "Regional library" means a free public library maintained by two or more counties or other governmental units as
provided in RCW 27.12.080;
(5) "Rural county library district" means a library serving all the area of a county not included within the area of
incorporated cities and towns: PROVIDED, That any city or
town with a population of one hundred thousand or less at the
time of annexation may be included therein as provided in
RCW 27.12.360 through 27.12.390;
(6) "Intercounty rural library district" means a municipal
corporation organized to provide library service for all areas
outside of incorporated cities and towns within two or more
counties: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation
may be included therein as provided in RCW 27.12.360
through 27.12.390;
(7) "Island library district" means a municipal corporation organized to provide library service for all areas outside
of incorporated cities and towns on a single island only, and
not all of the area of the county, in counties composed
entirely of islands and having a population of less than
twenty-five thousand at the time the island library district
was created: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of annexation may be included therein as provided in RCW 27.12.360
through 27.12.390; and
(8) "Rural partial-county library district" means a municipal corporation organized to provide library service for a
portion of the unincorporated area of a county. Any city or
[Title 27 RCW—page 4]
town located in the same county as a rural partial-county
library district may annex to the district if the city or town has
a population of one hundred thousand or less at the time of
annexation. [1994 c 198 § 1; 1993 c 284 § 2; 1982 c 123 § 1;
1981 c 26 § 1; 1977 ex.s. c 353 § 5; 1965 c 122 § 1; 1947 c 75
§ 10; 1941 c 65 § 1; 1935 c 119 § 2; Rem. Supp. 1947 § 82262.]
27.12.020
27.12.020 Policy of state. It is hereby declared to be the
policy of the state, as a part of its provision for public education, to promote the establishment and development of public
library service throughout its various subdivisions. [1935 c
119 § 1; RRS § 8226-1. FORMER PART OF SECTION:
1941 c 65 § 2; 1935 c 119 § 3; Rem. Supp. 1941 § 8226-3
now codified as RCW 27.12.025.]
27.12.025
27.12.025 Authorization. Any governmental unit has
power to establish and maintain a library, either by itself or in
cooperation with one or more other governmental units.
[1941 c 65 § 2; 1935 c 119 § 3; Rem. Supp. 1941 § 8226-3.
Formerly RCW 27.12.020, part.]
27.12.030
27.12.030 Libraries, how established. A library may
be established in any county, city, or town either (1) by its
legislative body of its own initiative; or (2) upon the petition
of one hundred taxpayers of such a governmental unit, the
legislative body shall submit to a vote of the qualified electors thereof, at the next municipal or special election held
therein (in the case of a city or town) or the next general election or special election held therein (in the case of a county),
the question whether a library shall be established; and if a
majority of the electors voting on the question vote in favor
of the establishment of a library, the legislative body shall
forthwith establish one. [1965 c 122 § 2; 1941 c 65 § 3; 1935
c 119 § 4; Rem. Supp. 1941 § 8226-4. Prior: 1915 c 12 § 1;
1913 c 123 § 1; 1909 c 116 § 1; 1901 c 166 § 1.]
27.12.040
27.12.040 Rural library districts—Establishment.
The procedure for the establishment of a rural county library
district shall be as follows:
(1) Petitions signed by at least ten percent of the registered voters of the county who voted in the last general election, outside of the area of incorporated cities and towns, asking that the question, "Shall a rural county library district be
established?" be submitted to a vote of the people, shall be
filed with the county legislative authority.
(2) The county legislative authority, after having determined that the petitions were signed by the requisite number
of registered voters, shall place the proposition for the establishment of a rural county library district on the ballot for the
vote of the people of the county, outside incorporated cities
and towns, at the next succeeding general or special election.
(3) If a majority of those voting on the proposition vote
in favor of the establishment of the rural county library district, the county legislative authority shall forthwith declare it
established. [1990 c 259 § 1; 1955 c 59 § 4. Prior: 1947 c 75
§ 11, part; 1943 c 251 § 1, part; 1941 c 65 § 4, part; Rem.
Supp. 1947 § 8226-4a, part.]
Dissolution—Disposition of property: RCW 27.12.320.
Dissolution of island library district: RCW 27.12.450.
(2004 Ed.)
Public Libraries
27.12.050 Rural library districts—Board of library
trustees—Tax levies. After the board of county commissioners has declared a rural county library district established,
it shall appoint a board of library trustees and provide funds
for the establishment and maintenance of library service for
the district by making a tax levy on the property in the district
of not more than fifty cents per thousand dollars of assessed
value per year sufficient for the library service as shown to be
required by the budget submitted to the board of county commissioners by the board of library trustees, and by making a
tax levy in such further amount as shall be authorized pursuant to RCW 27.12.222 or 84.52.052 or 84.52.056. Such levies
shall be a part of the general tax roll and shall be collected as
a part of the general taxes against the property in the district.
[1973 1st ex.s. c 195 § 5; 1955 c 59 § 5. Prior: 1947 c 75 §
11, part; 1943 c 251 § 1, part; 1941 c 65 § 4, part; Rem. Supp.
1947 § 8226-4a, part.]
27.12.050
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Budget for capital outlays—Accumulation of funds: RCW 27.12.220.
Capital outlays—Bonds—Excess levies: RCW 27.12.222.
27.12.100
The expenses of the regional library shall be apportioned
between or among the contracting parties concerned on such
basis as shall be agreed upon in the contract. The treasurer of
one of the governmental units, as shall be provided in the
contract, shall have the custody of the funds of the regional
library; and the treasurers of the other governmental units
concerned shall transfer quarterly to him all moneys collected
for free public library purposes in their respective governmental units. If the legislative body of any governmental unit
decides to withdraw from a regional library contract, the governmental unit withdrawing shall be entitled to a division of
the property on the basis of its contributions. [1941 c 65 § 5;
1935 c 119 § 5; Rem. Supp. 1941 § 8226-5.]
27.12.090
27.12.090 Intercounty rural library districts—Establishment. Intercounty rural library districts may be established to provide throughout several counties free public
library service similar to that provided within a single county
by a rural county library district. [1947 c 75 § 1; Rem. Supp.
1947 § 8246-1.]
Dissolution—Disposition of property: RCW 27.12.320.
27.12.060 Rural library districts—General powers.
A rural county library district shall be a public corporation
with such powers as are necessary to carry out its functions
and for taxation purposes shall have the power vested in
municipal corporations for such purposes. [1984 c 186 § 6;
1983 c 167 § 19; 1980 c 100 § 1; 1955 c 59 § 6. Prior: 1947
c 75 § 11, part; 1943 c 251 § 1, part; 1941 c 65 § 4, part; Rem.
Supp. 1947 § 8226-4a, part.]
27.12.060
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
27.12.070 Rural county library districts or rural partial-county library districts—Disbursement of revenues
and collection of taxes. The county treasurer of the county
in which any rural county library district or rural partialcounty library district is created shall receive and disburse all
district revenues and collect all taxes levied under this chapter. [1993 c 284 § 3; 1984 c 186 § 7; 1973 1st ex.s. c 195 § 6;
1970 ex.s. c 42 § 2; 1955 c 59 § 7. Prior: 1947 c 75 § 11, part;
1943 c 251 § 1, part; 1941 c 65 § 4, part; Rem. Supp. 1947 §
8226-4a, part.]
27.12.070
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Annual appropriations—Control of expenditures: RCW 27.12.240.
Capital outlays—General obligation bonds—Excess levies: RCW
27.12.222.
27.12.079 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
27.12.079
27.12.080 Regional libraries. Two or more counties,
or other governmental units, by action of their legislative
bodies, may join in establishing and maintaining a regional
library under the terms of a contract to which all will agree.
27.12.080
(2004 Ed.)
27.12.100
27.12.100 Intercounty rural library districts—Establishment—Procedure. An intercounty rural library district
shall be established by joint action of two or more counties
proceeding by either of the following alternative methods:
(1) The boards of county commissioners of any two or
more counties shall adopt identical resolutions proposing the
formation of such a district to include all of the areas outside
of incorporated cities or towns in such counties as may be
designated in such resolutions. In lieu of such resolutions a
petition of like purport signed by ten percent of the registered
voters residing outside of incorporated cities or towns of a
county, may be filed with the county auditor thereof, and
shall have the same effect as a resolution. The proposition for
the formation of the district as stated on the petition shall be
prepared by the attorney general upon request of the state
library commission. Action to initiate the formation of such a
district shall become ineffective in any county if corresponding action is not completed within one year thereafter by each
other county included in such proposal. The county auditor in
each county shall check the validity of the signatures on the
petition and shall certify to the board of county commissioners the sufficiency of the signatures. If each petition contains
the signatures of ten percent of the registered voters residing
outside the incorporated cities and towns of the county, each
board of county commissioners shall pass a resolution calling
an election for the purpose of submitting the question to the
voters and setting the date of said election. When such action
has been taken in each of the counties involved, notification
shall be made by each board of county commissioners to the
board of county commissioners of the county having the largest population according to the last federal census, who shall
give proper notification to each county auditor. At the next
general or special election held in the respective counties
there shall be submitted to the voters in the areas outside of
incorporated cities and towns a question as to whether an
intercounty rural library district shall be established as outlined in the resolutions or petitions. Notice of said election
shall be given the county auditor pursuant to *RCW
[Title 27 RCW—page 5]
27.12.110
Title 27 RCW: Libraries, Museums, and Historical Activities
29.27.080. The county auditor shall provide for the printing
of a separate ballot and shall provide for the distribution of
ballots to the polling places pursuant to *RCW 29.04.020.
The county auditor shall instruct the election boards in split
precincts. The respective county canvassing boards in each
county to be included within the intercounty rural library district shall canvass the votes and certify the results to the
county auditor pursuant to **chapter 29.62 RCW; the result
shall then be certified by each county auditor to the county
auditor of the county having the largest population according
to the last federal census. If a majority of the electors voting
on the proposition in each of the counties affected shall vote
in favor of such district it shall thereby become established,
and the board of county commissioners of the county having
the largest population according to the last federal census
shall declare the intercounty rural library district established.
If two or more of the counties affected are in an existing intercounty rural library district, then the electors in areas outside
incorporated cities and towns in those counties shall vote as a
unit and the electors in areas outside incorporated cities and
towns in each of the other affected counties shall vote as separate units. If a majority of the electors voting on the proposition in the existing district and a majority of the voters in any
of the other affected counties shall vote in favor of an
expanded intercounty rural library district it shall thereby
become established.
(2) The county commissioners of two or more counties
meeting in joint session attended by a majority of the county
commissioners of each county may, by majority vote of those
present, order the establishment of an intercounty rural
library district to include all of the area outside of incorporated cities and towns in as many of the counties represented
at such joint meeting as shall be determined by resolution of
such joint meeting. If two or more counties are in an existing
intercounty rural library district, then a majority vote of all of
the commissioners present from those counties voting as a
unit, and a majority vote of the commissioners present from
any other county shall cause the joint session to order the
establishment of an expanded intercounty rural library district. No county, however, shall be included in such district if
a majority of its county commissioners vote against its inclusion in such district. [1965 c 63 § 1; 1961 c 82 § 1; 1947 c 75
§ 2; Rem. Supp. 1947 § 8246-2.]
Reviser's note: *(1) RCW 29.27.080 and 29.04.020 were recodified as
RCW 29A.52.350 and 29A.04.215, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.52.350 and 29A.04.215 were subsequently repealed by 2004 c 271 § 193.
**(2) Chapter 29.62 RCW was recodified as chapter 29A.60 RCW pursuant to 2003 c 111 § 2401, effective July 1, 2004.
27.12.110
27.12.110 Intercounty rural library districts—
Expansion of existing districts. An existing rural county
library district may be expanded into an intercounty rural
library district or an established intercounty rural library district may be expanded to include additional counties by joint
action of all counties included in the proposed expanded district taken in the same manner as prescribed for the initiation
of an intercounty rural library district. [1947 c 75 § 3; Rem.
Supp. 1947 § 8246-3.]
[Title 27 RCW—page 6]
27.12.120
27.12.120 Intercounty rural library districts—
Assumption of property, assets, liabilities. All property,
assets and liabilities of preexisting library districts within the
area included in an intercounty rural library district shall pass
to and be assumed by an intercounty rural library district:
PROVIDED, That where within any intercounty rural library
district heretofore or hereafter organized under the provisions
of this chapter a preexisting library district had incurred a
bonded indebtedness which was outstanding at the time of
the formation of the intercounty rural library district, such
preexisting library district shall retain its corporate existence
insofar as is necessary for the purpose until the bonded
indebtedness outstanding against it on and after the effective
date of said formation has been paid in full: PROVIDED
FURTHER, That a special election may be called by the
board of trustees of the intercounty rural library district, to be
held at the next general or special election held in the respective counties for the purpose of affording the voters residing
within the area outside of the preexisting library district an
opportunity to assume the obligation of the bonded indebtedness of the preexisting library district or the question may be
submitted to the voters as a separate proposition at the election on the proposal for the formation of the intercounty rural
library district. [1961 c 82 § 2; 1947 c 75 § 4; Rem. Supp.
1947 § 8246-4.]
27.12.130
27.12.130 Intercounty rural library districts—Board
of trustees. Immediately following the establishment of an
intercounty rural library district the boards of county commissioners of the counties affected shall jointly appoint a
board of five or seven trustees for the district in accordance
with RCW 27.12.190. The board of trustees shall appoint a
librarian for the district. [1959 c 133 § 1; 1947 c 75 § 5; Rem.
Supp. 1947 § 8246-5.]
27.12.140
27.12.140 Intercounty rural library districts—Name
may be adopted. The board of trustees of an intercounty
rural library district may adopt a name by which the district
shall be known and under which it shall transact all of its
business. [1947 c 75 § 6; Rem. Supp. 1947 § 8246-6.]
27.12.150
27.12.150 Intercounty rural library districts—Tax
levies. Funds for the establishment and maintenance of the
library service of the district shall be provided by the boards
of county commissioners of the respective counties by means
of an annual tax levy on the property in the district of not
more than fifty cents per thousand dollars of assessed value
per year. The tax levy in the several counties shall be at a uniform rate and shall be based on a budget to be compiled by
the board of trustees of the intercounty rural library district
who shall determine the uniform tax rate necessary and certify their determination to the respective boards of county
commissioners.
Excess levies authorized pursuant to RCW 27.12.222
and 84.52.052 or 84.52.056 shall be at a uniform rate which
uniform rate shall be determined by the board of trustees of
the intercounty rural library district and certified to the
respective boards of county commissioners. [1973 1st ex.s. c
195 § 7; 1955 c 59 § 8; 1947 c 75 § 7; Rem. Supp. 1947 §
8246-7.]
(2004 Ed.)
Public Libraries
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Budget for capital outlays—Accumulation of funds: RCW 27.12.220.
Capital outlays—Bonds—Excess levies: RCW 27.12.222.
27.12.160
27.12.160 Intercounty rural library districts—District treasurer. The board of trustees of an intercounty rural
library district shall designate the county treasurer of one of
the counties included in the district to act as treasurer for the
district. All moneys raised for the district by taxation within
the participating counties or received by the district from any
other sources shall be paid over to him, and he shall disburse
the funds of the district upon warrants drawn thereon by the
auditor of the county to which he belongs pursuant to vouchers approved by the trustees of the district. [1947 c 75 § 8;
Rem. Supp. 1947 § 8246-8.]
Annual expenditures—Control of appropriations: RCW 27.12.240.
27.12.170
27.12.170 Intercounty rural library districts—Powers of board—Procedures. Except as otherwise specifically
provided intercounty rural library districts and the trustees
thereof shall have the same powers as are prescribed by RCW
27.12.040 through 27.12.070, for rural county library districts and shall follow the same procedures and be subject to
the same limitations as are provided therein with respect to
the contracting of indebtedness. [1947 c 75 § 9; Rem. Supp.
1947 § 8246-9.]
27.12.180
27.12.180 Contracts for library service. Instead of
establishing or maintaining an independent library, the legislative body of any governmental unit authorized to maintain
a library shall have power to contract to receive library service from an existing library, the board of trustees of which
shall have reciprocal power to contract to render the service
with the consent of the legislative body of its governmental
unit. Such a contract shall require that the existing library
perform all the functions of a library within the governmental
unit wanting service. In like manner a legislative body may
contract for library service from a library not owned by a
public corporation but maintained for free public use: PROVIDED, That such a library be subject to inspection by the
state librarian and be certified by him as maintaining a proper
standard. Any school district may contract for school library
service from any existing library, such service to be paid for
from funds available to the school district for library purposes. [1941 c 65 § 6; 1935 c 119 § 7; Rem. Supp. 1941 §
8226-7.]
27.12.190
27.12.190 Library trustees—Appointment, election,
removal, compensation. The management and control of a
library shall be vested in a board of either five or seven trustees as hereinafter in this section provided. In cities and towns
five trustees shall be appointed by the mayor with the consent
of the legislative body. In counties, rural county library districts, and island library districts, five trustees shall be
appointed by the board of county commissioners. In a
regional library district a board of either five or seven trustees
shall be appointed by the joint action of the legislative bodies
concerned. In intercounty rural library districts a board of
either five or seven trustees shall be appointed by the joint
(2004 Ed.)
27.12.210
action of the boards of county commissioners of each of the
counties included in a district. The first appointments for
boards comprised of but five trustees shall be for terms of
one, two, three, four, and five years respectively, and thereafter a trustee shall be appointed annually to serve for five
years. The first appointments for boards comprised of seven
trustees shall be for terms of one, two, three, four, five, six,
and seven years respectively, and thereafter a trustee shall be
appointed annually to serve for seven years. No person shall
be appointed to any board of trustees for more than two consecutive terms. Vacancies shall be filled for unexpired terms
as soon as possible in the manner in which members of the
board are regularly chosen.
A library trustee shall not receive a salary or other compensation for services as trustee, but necessary expenses actually incurred shall be paid from the library funds.
A library trustee in the case of a city or town may be
removed only by vote of the legislative body. A trustee of a
county library, a rural county library district library, or an
island library district library may be removed for just cause
by the county commissioners after a public hearing upon a
written complaint stating the ground for removal, which complaint, with a notice of the time and place of hearing, shall
have been served upon the trustee at least fifteen days before
the hearing. A trustee of an intercounty rural library district
may be removed by the joint action of the board of county
commissioners of the counties involved in the same manner
as provided herein for the removal of a trustee of a county
library. [1982 c 123 § 8; 1981 c 26 § 2; 1965 c 122 § 3; 1959
c 133 § 2; 1947 c 75 § 12; 1941 c 65 § 7; 1939 c 108 § 1; 1935
c 119 § 8; Rem. Supp. 1947 § 8226-8. Prior: 1915 c 12 § 2;
1909 c 116 § 4; 1901 c 166 § 4. Formerly RCW 27.12.190
and 27.12.200.]
27.12.210 Library trustees—Organization—
Bylaws—Powers and duties. The trustees, immediately
after their appointment or election, shall meet and organize
by the election of such officers as they deem necessary. They
shall:
(1) Adopt such bylaws, rules, and regulations for their
own guidance and for the government of the library as they
deem expedient;
(2) Have the supervision, care, and custody of all property of the library, including the rooms or buildings constructed, leased, or set apart therefor;
(3) Employ a librarian, and upon his recommendation
employ such other assistants as may be necessary, all in
accordance with the provisions of *RCW 27.08.010, prescribe their duties, fix their compensation, and remove them
for cause;
(4) Submit annually to the legislative body a budget containing estimates in detail of the amount of money necessary
for the library for the ensuing year; except that in a library
district the board of library trustees shall prepare its budget,
certify the same and deliver it to the board of county commissioners in ample time for it to make the tax levies for the purpose of the district;
(5) Have exclusive control of the finances of the library;
(6) Accept such gifts of money or property for library
purposes as they deem expedient;
(7) Lease or purchase land for library buildings;
27.12.210
[Title 27 RCW—page 7]
27.12.212
Title 27 RCW: Libraries, Museums, and Historical Activities
(8) Lease, purchase, or erect an appropriate building or
buildings for library purposes, and acquire such other property as may be needed therefor;
(9) Purchase books, periodicals, maps, and supplies for
the library; and
(10) Do all other acts necessary for the orderly and efficient management and control of the library. [1982 c 123 § 9;
1941 c 65 § 8; 1935 c 119 § 9; Rem. Supp. 1941 § 8226-9.
Prior: 1909 c 116 § 5; 1901 c 166 § 5.]
*Reviser's note: RCW 27.08.010 was repealed by 1987 c 330 § 402.
See RCW 27.04.055 for qualifications of librarians.
27.12.212
27.12.212 Community revitalization financing—
Public improvements. In addition to other authority that a
rural county library district or intercounty rural library district possesses, a rural county library district or an intercounty
rural library district may provide any public improvement as
defined under RCW 39.89.020, but this additional authority
is limited to participating in the financing of the public
improvements as provided under RCW 39.89.050.
This section does not limit the authority of a rural county
library district or intercounty rural library district to otherwise participate in the public improvements if that authority
exists elsewhere. [2001 c 212 § 11.]
Severability—2001 c 212: See RCW 39.89.902.
27.12.215
27.12.215 Job recruitment expenditures authorized.
The trustees of a library or a library district have the authority
to spend funds to recruit job candidates. The trustees have the
authority to reimburse job candidates for reasonable and necessary travel expenses including transportation, subsistence,
and lodging. [1979 ex.s. c 40 § 1.]
27.12.220
27.12.220 Rural, island, and intercounty rural districts—Budget for capital outlays—Accumulation of
funds. The trustees of any rural county library district, any
island library district, or any intercounty rural library district
may include in the annual budget of such district an item for
the accumulation during such year of a specified sum of
money to be expended in a future year for the acquisition,
enlargement or improvement of real or personal property for
library purposes. [1982 c 123 § 10; 1947 c 22 § 1; Rem.
Supp. 1947 § 8246a.]
27.12.222
27.12.222 Rural, island, and intercounty rural districts—General obligation bonds—Excess levies. A rural
county library district, intercounty rural library district, or
island library district may contract indebtedness and issue
general obligation bonds not to exceed an amount, together
with any outstanding nonvoter approved general obligation
indebtedness, equal to one-tenth of one percent of the value
of the taxable property within the district, as the term "value
of the taxable property" is defined in RCW 39.36.015. The
maximum term of nonvoter approved general obligation
bonds shall not exceed six years. A rural county library district, island library district, or intercounty rural library district
may additionally contract indebtedness and issue general
obligation bonds for capital purposes only, together with any
outstanding general indebtedness, not to exceed an amount
equal to one-half of one percent of the value of the taxable
[Title 27 RCW—page 8]
property within the district, as the term "value of the taxable
property" is defined in RCW 39.36.015 whenever a proposition authorizing the issuance of such bonds has been
approved by the voters of the district pursuant to RCW
39.36.050, by three-fifths of the persons voting on the proposition at which election the number of persons voting on the
proposition shall constitute not less than forty percent of the
total number of votes cast in such taxing district at the last
preceding general election. If the voters shall so authorize at
an election held pursuant to RCW 39.36.050, the district may
levy annual taxes in excess of normal legal limitations to pay
the principal and interest upon such bonds as they shall
become due. The excess levies mentioned in this section or in
RCW 84.52.052 or 84.52.056 may be made notwithstanding
anything contained in RCW 27.12.050 or 27.12.150 or any
other statute pertaining to such library districts. [1984 c 186
§ 8; 1982 c 123 § 11; 1970 ex.s. c 42 § 3; 1955 c 59 § 1.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Island library districts—Tax levies: RCW 27.12.420.
27.12.223
27.12.223 Bonds—Sale—Security for deposit. Bonds
authorized by RCW 27.12.222 shall be issued and sold in
accordance with chapter 39.46 RCW. All such bonds shall be
legal securities for any bank or trust company for deposit
with the state treasurer or any county or city treasurer as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. [1984 c 186 § 9; 1983 c 167
§ 20; 1970 ex.s. c 56 § 6; 1969 ex.s. c 232 § 4; 1955 c 59 § 2.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
27.12.240
27.12.240 Annual appropriations—Control of
expenditures. After a library shall have been established or
library service contracted for, the legislative body of the governmental unit for which the library was established or the
service engaged, shall appropriate money annually for the
support of the library. All funds for the library, whether
derived from taxation or otherwise, shall be in the custody of
the treasurer of the governmental unit, and shall be designated by him in some manner for identification, and shall not
be used for any but library purposes. The board of trustees
shall have the exclusive control of expenditures for library
purposes subject to any examination of accounts required by
the state and money shall be paid for library purposes only
upon vouchers of the board of trustees, without further audit.
The board shall not make expenditures or incur indebtedness
in any year in excess of the amount of money appropriated
and/or available for library purposes. [1965 c 122 § 4; 1941
c 65 § 9; 1939 c 108 § 3; 1935 c 119 § 10; Rem. Supp. 1941
§ 8226-10. Prior: 1909 c 116 § 3; 1901 c 166 § 3. Formerly
RCW 27.12.240 and 27.12.250.]
27.12.260
27.12.260 Annual report of trustees. At the close of
each year the board of trustees of every library shall make a
(2004 Ed.)
Public Libraries
report to the legislative body of the governmental unit
wherein the board serves, showing the condition of their trust
during the year, the sums of money received for the library
fund from taxes and other sources, the sums of money
expended and the purposes of the expenditures, the number
of books and periodicals on hand, the number added during
the year, the number retired, the number loaned out, and such
other statistics and information and such suggestions as they
deem of public interest. A copy of this report shall be filed
with the state librarian. [1935 c 119 § 12; RRS § 8226-12.
Prior: 1909 c 116 § 8; 1901 c 166 § 8.]
27.12.270
27.12.270 Rules and regulations—Free use of libraries. Every library established or maintained under *this act
shall be free for the use of the inhabitants of the governmental
unit in which it is located, subject to such reasonable rules
and regulations as the trustees find necessary to assure the
greatest benefit to the greatest number, except that the trustees may charge a reasonable fee for the use of certain duplicate copies of popular books. [1935 c 119 § 13; RRS § 822613. Prior: 1909 c 116 § 9, part; 1901 c 166 § 9, part.]
*Reviser's note: Term "this act" was first used in basic act, 1935 c 119
and appeared in subsequent amendments. Chapter 119, Laws of 1935 was
codified in RCW 27.08.010, 27.12.010 through 27.12.080, 27.12.180
through 27.12.210, 27.12.230 through 27.12.280, 27.12.290 through
27.12.320, 27.12.330, and 27.12.340.
27.12.280
27.12.280 Use by nonresidents—Exchange of books.
The board of trustees of a library, under such rules and regulations as it may deem necessary and upon such terms and
conditions as may be agreed upon, may allow nonresidents of
the governmental unit in which the library is situated to use
the books thereof, and may make exchanges of books with
any other library, either permanently or temporarily. [1935 c
119 § 14; RRS § 8226-14. Prior: 1909 c 116 § 10; 1901 c 166
§ 10.]
27.12.285
27.12.285 Library services for Indian tribes. The legislature finds that it is necessary to give the several boards of
library trustees in this state additional powers in order to
effectuate the state's policy with regard to libraries as set forth
in RCW 27.12.020. On and after March 27, 1975 the board of
library trustees in any county of this state, in addition to any
other powers and duties, is hereby authorized to provide
library services to Indian tribes recognized as such by the federal government or to supplement any existing library services of such an Indian tribe. The power granted by this section shall extend beyond the geographic limits of the library
district and the county or counties in which the district is
located. [1975 c 50 § 1.]
27.12.290
27.12.290 Violators may be excluded. A board of
library trustees may exclude from the use of the library under
its charge any person who wilfully and persistently violates
any rule or regulation prescribed for the use of the library or
its facilities or any person whose physical condition is
deemed dangerous or offensive to other library users. [1935
c 119 § 15; RRS § 8226-15. Prior: 1909 c 116 § 9, part; 1901
c 166 § 9, part.]
(2004 Ed.)
27.12.320
27.12.300
27.12.300 Gifts—Title to property. The title to money
or property given to or for the use or benefit of a library shall
vest in the board of trustees, to be held and used according to
the terms of the gift. [1935 c 119 § 18; RRS § 8226-18. Prior:
1909 c 116 § 20; 1901 c 166 § 20.]
27.12.305
27.12.305 Sale of library materials authorized—Disposition of proceeds. Any public library, including the state
library created pursuant to chapter 27.04 RCW, shall have the
authority to provide for the sale of library materials developed by the library staff for its use but which are of value to
others such as book catalogs, books published by the library,
indexes, films, slides, book lists, and similar materials.
The library commission, board of library trustees, or
other governing authority charged with the direct control of a
public library shall determine the prices and quantities of
materials to be prepared and offered for sale. Prices shall be
limited to the publishing and preparation costs, exclusive of
staff salaries and overhead. Any moneys received from the
sales of such materials shall be placed in the appropriate
library fund.
Nothing in this section shall be construed to authorize
any library to charge any resident for a library service nor to
authorize any library to sell materials to a branch library or
library which is part of a depository library system when such
materials may be distributed free of cost to such library nor
shall this section be construed to prevent, curtail, or inhibit
any free distribution programs or exchange programs
between libraries or between libraries and other agencies.
[1972 ex.s. c 90 § 1.]
27.12.310
27.12.310 Charter provisions superseded. Every
existing free public library shall be considered as if established under *this act, and the board of trustees and the legislative body of the governmental unit in which the library is
located shall proceed forthwith to make such changes as may
be necessary to effect compliance with the terms hereof; and
every existing contract for library service shall continue in
force and be subject to *this act until the contract be terminated or a library be established by the governmental unit for
which the service was engaged. The provisions of *this act
shall be construed as superseding the provisions of any
municipal charter in conflict herewith. [1935 c 119 § 19;
RRS § 8226-19.]
*Reviser's note: For "this act," see note following RCW 27.12.270.
27.12.320
27.12.320 Dissolution—Disposition of property. A
library established or maintained under this chapter (except a
regional or a rural county library district library, an intercounty rural library district library, or an island library district library) may be abolished only in pursuance of a vote of
the electors of the governmental unit in which the library is
located, taken in the manner prescribed in RCW 27.12.030
for a vote upon the establishment of a library. If a library of a
city or town be abolished, the books and other printed or written matter belonging to it shall go to the library of the county
whereof the municipality is a part, if there be a county library,
but if not, then to the state library. If a library of a county or
region be abolished, the books and other printed matter
belonging to it shall go to the state library. All other library
[Title 27 RCW—page 9]
27.12.321
Title 27 RCW: Libraries, Museums, and Historical Activities
property shall be disposed of as the legislative body of the
governmental unit shall direct.
After a rural county library district, an island library district, or an intercounty rural library district has been in operation for three or more years, it may be dissolved pursuant to
a majority vote of all of the qualified electors residing outside
of incorporated cities and towns voting upon a proposition
for its dissolution, at a general election, which proposition
may be placed upon the ballot at any such election whenever
a petition by ten percent or more qualified voters residing
outside of incorporated cities or towns within a rural county
library district, an island library district, or an intercounty
rural library district requesting such dissolution shall be filed
with the board of trustees of such district not less than ninety
days prior to the holding of any such election. An island
library district may also be dissolved pursuant to RCW
27.12.450.
If a rural county library district is dissolved, the books
and other printed matter belonging to it shall go to the state
library. All other library property shall be disposed of as the
legislative body of the governmental unit shall direct. When
an intercounty rural library district is dissolved, the books,
funds and other property thereof shall be divided among the
participating counties in the most equitable manner possible
as determined by the state librarian, who shall give consideration to such items as the original source of property, the
amount of funds raised from each county by the district, and
the ability of the counties to make further use of such property or equipment for library purposes. Printed material
which the state librarian finds will not be used by any of the
participating counties for further library purposes shall be
turned over to the state library.
When an island library district is dissolved pursuant to
this section, the books and other printed matter belonging to
it shall go to the state library. All other library property shall
be disposed of as the legislative body of the governmental
unit shall direct. When an island library district is dissolved
due to the establishment of a county library district, pursuant
to RCW 27.12.450, all property, assets, and liabilities of the
preexisting island library district within the area included in
the county rural library district shall pass to and be assumed
by the county rural library district: PROVIDED, That where
within any county rural library district heretofore or hereafter
organized under the provisions of this chapter a preexisting
island library district has incurred a bonded indebtedness
which was outstanding at the time of the formation of the
county rural library district, the preexisting island library district shall retain its corporate existence insofar as is necessary
for the purpose until the bonded indebtedness outstanding
against it on and after the effective date of the formation has
been paid in full: PROVIDED FURTHER, That a special
election may be called by the board of trustees of the county
rural library district, to be held at the next general or special
election held in the respective counties, for the purpose of
affording the voters residing within the area outside of the
preexisting island library district an opportunity to assume
the obligation of the bonded indebtedness of the preexisting
island library district or the question may be submitted to the
voters as a separate proposition at the election on the proposal
for the formation of the county rural library district. [1982 c
123 § 12; 1965 c 122 § 5; 1947 c 75 § 13; 1935 c 119 § 20;
[Title 27 RCW—page 10]
Rem. Supp. 1947 § 8226-20. Prior: 1909 c 116 § 19; 1901 c
166 § 19.]
27.12.321 School district public libraries abolished—
Disposition of assets. School district public libraries organized under chapter 119, Laws of 1935, as amended prior to
*this 1965 amendatory act, are hereby abolished as of January 1, 1966.
All assets belonging to any school district public library
abolished by this section shall go to the rural county library
district of the county in which the school district public
library is located. [1965 c 122 § 6.]
27.12.321
*Reviser's note: "This 1965 amendatory act" [1965 ex.s. c 122] consists of the enactment of RCW 27.12.321, amendments to RCW 27.12.010,
27.12.030, 27.12.190, 27.12.240, and 27.12.320, and the repeal of RCW
27.12.230.
27.12.330 Penalty for injury to property. Whoever
intentionally injures, defaces, or destroys any property
belonging to or deposited in any public library, reading room,
or other educational institution, shall be guilty of a misdemeanor. [1935 c 119 § 16; RRS § 8226-16. Prior: 1909 c 116
§ 11; 1901 c 166 § 11.]
27.12.330
27.12.340 Wilfully retaining books—Infraction. It is
a class 4 civil infraction for any person to wilfully retain any
book, newspaper, magazine, pamphlet, manuscript, or other
property belonging in or to any public library, reading room,
or other educational institution, for thirty days after notice in
writing to return the same, given after the expiration of the
time that by the rules of such institution such article or other
property may be kept. [1987 c 456 § 29; 1935 c 119 § 17;
RRS § 8226-17. Prior: 1909 c 116 § 12; 1901 c 166 § 12.]
27.12.340
Legislative finding—1987 c 456: See RCW 7.80.005.
Effective date—1987 c 456 §§ 9-31: See RCW 7.80.901.
27.12.350 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
27.12.350
27.12.355 Rural county library district, island
library district, or intercounty rural library district—
Withdrawal or reannexation of areas. (1) As provided in
this section, a rural county library district, island library district, or intercounty rural library district may withdraw areas
from its boundaries, or reannex areas into the library district
that previously had been withdrawn from the library district
under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the board of trustees requesting the withdrawal and finding that, in the opinion of the
board, inclusion of this area within the library district will
result in a reduction of the district's tax levy rate under the
provisions of RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if
the area is located within the city or town, or adoption of a
resolution by the county legislative authority of the county
within which the area is located approving the withdrawal, if
the area is located outside of a city or town. A withdrawal
shall be effective at the end of the day on the thirty-first day
of December in the year in which the resolutions are adopted,
27.12.355
(2004 Ed.)
Public Libraries
but for purposes of establishing boundaries for property tax
purposes, the boundaries shall be established immediately
upon the adoption of the second resolution.
The authority of an area to be withdrawn from a library
district as provided under this section is in addition, and not
subject, to the provisions of RCW 27.12.380.
The withdrawal of an area from the boundaries of a
library district shall not exempt any property therein from
taxation for the purpose of paying the costs of redeeming any
indebtedness of the library district existing at the time of the
withdrawal.
(3) An area that has been withdrawn from the boundaries
of a library district under this section may be reannexed into
the library district upon: (a) Adoption of a resolution by the
board of trustees proposing the reannexation; and (b) adoption of a resolution by the city or town council approving the
reannexation, if the area is located within the city or town, or
adoption of a resolution by the county legislative authority of
the county within which the area is located approving the
reannexation, if the area is located outside of a city or town.
The reannexation shall be effective at the end of the day on
the thirty-first day of December in the year in which the
adoption of the second resolution occurs, but for purposes of
establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of
the second resolution. Referendum action on the proposed
reannexation may be taken by the voters of the area proposed
to be reannexed if a petition calling for a referendum is filed
with the city or town council, or county legislative authority,
within a thirty-day period after the adoption of the second
resolution, which petition has been signed by registered voters of the area proposed to be reannexed equal in number to
ten percent of the total number of the registered voters residing in that area.
If a valid petition signed by the requisite number of registered voters has been so filed, the effect of the resolutions
shall be held in abeyance and a ballot proposition to authorize
the reannexation shall be submitted to the voters of the area at
the next special election date specified in *RCW 29.13.020
that occurs forty-five or more days after the petitions have
been validated. Approval of the ballot proposition authorizing the reannexation by a simple majority vote shall authorize
the reannexation. [1987 c 138 § 1.]
*Reviser's note: As enacted by 1987 c 138 § 1, this section contained
an apparently erroneous reference to RCW 29.13.030, a section repealed in
1965. Pursuant to RCW 1.08.015, this reference has been changed to RCW
29.13.020, a later enactment of the section repealed. RCW 29.13.020 was
subsequently recodified as RCW 29A.04.330 pursuant to 2003 c 111 § 2401,
effective July 1, 2004.
27.12.360
27.12.360 Annexation of city or town into rural
county library district, island library district, or intercounty rural library district—Initiation procedure. Any
city or town with a population of one hundred thousand or
less at the time of annexation may become a part of any rural
county library district, island library district, or intercounty
rural library district lying contiguous thereto by annexation in
the following manner: The inclusion of such a city or town
may be initiated by the adoption of an ordinance by the legislative authority thereof stating its intent to join the library district and finding that the public interest will be served
(2004 Ed.)
27.12.390
thereby. Before adoption, the ordinance shall be submitted to
the library board of the city or town for its review and recommendations. If no library board exists in the city or town, the
state librarian shall be notified of the proposed ordinance. If
the board of trustees of the library district concurs in the
annexation, notification thereof shall be transmitted to the
legislative authority or authorities of the counties in which
the city or town is situated. [1982 c 123 § 13; 1981 c 26 § 3;
1977 ex.s. c 353 § 1.]
27.12.370
27.12.370 Annexation of city or town into library district—Special election procedure. The county legislative
authority or authorities shall by resolution call a special election to be held in such city or town at the next date provided
in *RCW 29.13.010 but not less than forty-five days from the
date of the declaration of such finding, and shall cause notice
of such election to be given as provided for in *RCW
29.27.080.
The election on the annexation of the city or town into
the library district shall be conducted by the auditor of the
county or counties in which the city or town is located in
accordance with the general election laws of the state and the
results thereof shall be canvassed by the canvassing board of
the county or counties. No person shall be entitled to vote at
such election unless he or she is registered to vote in said city
or town for at least thirty days preceding the date of the election. The ballot proposition shall be in substantially the following form:
"Shall the city or town of . . . . . . be annexed to and be
a part of . . . . . . library district?
YES
..........................
'
NO
..........................
'"
If a majority of the persons voting on the proposition
shall vote in favor thereof, the city or town shall thereupon be
annexed and shall be a part of such library district. [1982 c
123 § 14; 1977 ex.s. c 353 § 2.]
*Reviser's note: RCW 29.13.010 and 29.27.080 were recodified as
RCW 29A.04.320 and 29A.52.350, respectively, pursuant to 2003 c 111 §
2401, effective July 1, 2004. RCW 29A.04.320 and 29A.52.350 were subsequently repealed by 2004 c 271 § 193.
27.12.380
27.12.380 Annexation of city or town into library district—Withdrawal of annexed city or town. The legislative body of such a city or town which has annexed to such a
library district, may, by resolution, present to the voters of
such city or town a proposition to withdraw from said library
district at any general election held at least three years following the annexation to the library district. [1982 c 123 §
15; 1977 ex.s. c 353 § 3.]
27.12.390
27.12.390 Annexation of city or town into library district—Tax levies. The annual tax levy authorized by RCW
27.12.050, 27.12.150, and 27.12.420 shall be imposed
throughout the library district, including any city or town
annexed thereto. Any city or town annexed to a rural library
district, island library district, or intercounty rural library district shall be entitled to levy up to three dollars and sixty cents
per thousand dollars of assessed valuation less any regular
levy made by such library district in the incorporated area,
[Title 27 RCW—page 11]
27.12.395
Title 27 RCW: Libraries, Museums, and Historical Activities
notwithstanding any other provision of law: PROVIDED,
That the limitations upon regular property taxes imposed by
chapter 84.55 RCW shall apply. [1982 c 123 § 16; 1977 ex.s.
c 353 § 4.]
27.12.395
27.12.395 Annexation of city or town into library district—Assumption of liabilities. (1) All liabilities of a city
or town that is annexed to a rural county library district or
intercounty rural library district, which liabilities were
incurred for the purpose of or in the course of acquiring, operating, or maintaining a library or libraries, may, if provided
for in the ordinance providing for annexation and in the resolution of the district consenting to annexation, pass to and be
assumed by the rural county library district or intercounty
rural library district. Notwithstanding the foregoing, if the
city or town has incurred any voted bonded indebtedness for
the purpose of acquiring, operating, or maintaining a library
or libraries, and if the indebtedness is outstanding at the time
of the annexation, the voted bonded indebtedness shall not be
assumed by the annexing district.
(2) Notwithstanding subsection (1) of this section, if the
annexed city or town has outstanding at the time of the
annexation any voted bonded indebtedness incurred for the
purpose of acquiring, operating, or maintaining a library or
libraries, a special election may be called by the board of
trustees of the rural county library district or intercounty rural
library district, to be held at the next general or special election held in the applicable county or counties, for the purpose
of affording the voters residing within the area of the district
outside the annexed city or town an opportunity to assume the
voted bonded indebtedness of the annexed city or town upon
the assent of three-fifths of the voters. [1985 c 392 § 1.]
27.12.400
27.12.400 Island library districts—Establishment—
Procedure. The procedure for the establishment of an island
library district shall be as follows:
(1) Petitions signed by at least ten percent of the registered voters of the island, outside of the area of incorporated
cities and towns, asking that the question, "Shall an island
library district be established?" be submitted to a vote of the
people of the island, shall be filed with the board of county
commissioners.
(2) The board of county commissioners, after having
determined that the petitions were signed by the requisite
number of qualified petitioners, shall place the proposition
for the establishment of an island library district on the ballot
for the vote of the people of the island, outside incorporated
cities and towns, at the next succeeding general or special
election.
(3) If a majority of those voting on the proposition vote
in favor of the establishment of the island library district, the
board of county commissioners shall forthwith declare it
established. [1982 c 123 § 2.]
27.12.410
27.12.410 Island library districts—Restrictions on
establishment. An island library district may not be established if there is in existence a library district serving all of
the area of the county not included within the area of incorporated cities and towns. [1982 c 123 § 3.]
[Title 27 RCW—page 12]
27.12.420
27.12.420 Island library districts—Board of trustees—Tax levies. Immediately following the establishment
of an island library district, the board of county commissioners shall appoint a board of library trustees for the district in
accordance with RCW 27.12.190. The board of trustees shall
appoint a librarian for the district.
Funds for the establishment and maintenance of the
library service of the district shall be provided by the board of
county commissioners by means of an annual tax levy on the
property in the district of not more than fifty cents per thousand dollars of assessed value per year. The tax levy shall be
based on a budget to be compiled by the board of trustees of
the island library district who shall determine the tax rate necessary and certify their determination to the board of county
commissioners.
Excess levies authorized pursuant to RCW 27.12.222,
84.52.052, or 84.52.056 shall be at a rate determined by the
board of trustees of the island library district and certified to
the board of county commissioners. [1982 c 123 § 4.]
27.12.430
27.12.430 Island library districts—Name may be
adopted. The board of trustees of an island library district
may adopt a name by which the district shall be known and
under which it shall transact all of its business. [1982 c 123 §
6.]
27.12.440
27.12.440 Island library districts—Powers and limitations for indebtedness. Except as otherwise specifically
provided, island library districts and the trustees thereof shall
have the same powers and limitations as are prescribed by
RCW 27.12.060 through 27.12.070 for rural county library
districts and shall follow the same procedures and be subject
to the same limitations as are provided therein with respect to
the contracting of indebtedness. [1982 c 123 § 5.]
27.12.450
27.12.450 Island library districts—Dissolution,
when. If after an island library district serving a single island
has been established, a rural county library district serving all
of the area of the county not included within the area of incorporated cities and towns is established as provided in RCW
27.12.040, the district serving the single island in the county
shall be dissolved. [1982 c 123 § 7.]
Dissolution of library districts: RCW 27.12.320.
27.12.470
27.12.470 Rural partial-county library districts. A
rural partial-county library district may be created in a portion of the unincorporated area of a county as provided in this
section if a rural county library district, intercounty rural
library district, or island library district has not been created
in the county.
The procedure to create a rural partial-county library district is initiated by the filing of petitions with the county auditor proposing the creation of the district that have been signed
by at least ten percent of the registered voters residing in the
area proposed to be included in the rural partial-county
library district. The county auditor shall review the petitions
and certify the sufficiency or insufficiency of the signatures
to the county legislative authority.
If the petitions are certified as having sufficient valid signatures, the county legislative authority shall hold a public
(2004 Ed.)
Library Capital Facility Areas
hearing on the proposed rural partial-county library district,
may adjust the boundaries of the proposed district, and may
cause a ballot proposition to be submitted to the voters of the
proposed rural partial-county library district authorizing its
creation if the county legislative authority finds that the creation of the rural partial-county library district is in the public
interest. A subsequent public hearing shall be held if additional territory is added to the proposed rural partial-county
library district by action of the county legislative authority.
The rural partial-county library district shall be created if
the ballot proposition authorizing the creation of the district
is approved by a simple majority vote of the voters voting on
the proposition. Immediately after creation of the rural partial-county library district the county legislative authority
shall appoint a board of library trustees for the district as provided under RCW 27.12.190.
Except as provided in this section, a rural partial-county
library district is subject to all the provisions of law applicable to a rural county library district and shall have all the
powers, duties, and authorities of a rural county library district, including, but not limited to, the authority to impose
property taxes, incur debt, and annex a city or town with a
population of less than one hundred thousand at the time of
the annexation that is located in the same county as the rural
partial-county library district.
Adjacent unincorporated territory in the county may be
annexed to a rural partial-county library district in the same
manner as territory is annexed to a water-sewer district,
except that an annexation is not subject to potential review by
a boundary review board.
If, at the time of creation, a rural partial-county library
district has an assessed valuation of less than fifty million
dollars, it may provide library services only by contracting
for the services through an interlocal agreement with an adjacent library district, or an adjacent city or town that maintains
its own library. If the assessed valuation of the rural partialcounty library district subsequently reaches fifty million dollars as a result of annexation or appreciation, the fifty million
dollar limitation shall not apply.
If a ballot proposition is approved creating a rural county
library district in the county, every rural partial-county
library district in that county shall be dissolved and its assets
and liabilities transferred to the rural county library district.
Where a rural partial-county library district has annexed a
city or town, the voters of the city or town shall be allowed to
vote on the proposed creation of a rural county library district
and, if created, the rural county library district shall include
each city and town that was annexed to the rural partialcounty library district.
Nothing in this section authorizes the consolidation of a
rural partial-county library district with any rural county
library district; island library district; city, county, or regional
library; intercounty library district; or other rural partialcounty library district, unless, in addition to any other
requirements imposed by statute, the boards of all library districts involved approve the consolidation. [1999 c 153 § 25;
1994 c 198 § 2; 1993 c 284 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
(2004 Ed.)
Chapter 27.15
27.15.020
Chapter 27.15 RCW
LIBRARY CAPITAL FACILITY AREAS
Sections
27.15.005
27.15.010
27.15.020
27.15.030
27.15.040
27.15.050
27.15.060
Findings.
Definitions.
Request to establish library capital facility area—Ballot propositions.
Governing body.
Authority to construct, acquire, maintain, and remodel facilities—Interlocal agreements—Legal title.
Financing—Bonds authorized.
Dissolution of library capital facility area.
27.15.005
27.15.005 Findings. The legislature finds that it is in
the interests of the people of the state of Washington to be
able to establish library capital facility areas as quasi-municipal corporations and independent taxing units existing
within the boundaries of existing rural county library districts, rural intercounty library districts, rural partial-county
library districts, or island library districts, for the purpose of
financing the construction of capital library facilities. [1995
c 368 § 1.]
27.15.010
27.15.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Library district" means rural county library district,
rural intercounty library district, rural partial-county library
district, or island library district.
(2) "Library capital facility area" means a quasi-municipal corporation and independent taxing authority within the
meaning of Article VII, section 1 of the state Constitution,
and a taxing district within the meaning of Article VII, section 2 of the state Constitution, created by a county legislative
authority of one or several counties. A library capital facility
area may include all or a portion of a city or town.
(3) "Library capital facilities" includes both real and personal property including, but not limited to, land, buildings,
site improvements, equipment, furnishings, collections, and
all necessary costs related to acquisition, financing, design,
construction, equipping, and remodeling. [1995 c 368 § 2.]
27.15.020
27.15.020 Request to establish library capital facility
area—Ballot propositions. Upon receipt of a completed
written request to both establish a library capital facility area
and submit a ballot proposition under RCW 27.15.050 to
finance library capital facilities, that is signed by a majority
of the members of the board of trustees of a library district or
board of trustees of a city or town library, the county legislative authority or county legislative authorities for the county
or counties in which a proposed library capital facility area is
to be established shall submit separate ballot propositions to
voters to authorize establishing the proposed library capital
facility area and authorizing the library capital facility area, if
established, to finance library capital facilities by issuing
general indebtedness and imposing excess levies to retire the
indebtedness. The ballot propositions shall be submitted to
voters at a general or special election. If the proposed election
date is not a general election, the county legislative authority
is encouraged to request an election when another unit of
local government with territory located in the proposed
library capital facility area is already holding a special elec[Title 27 RCW—page 13]
27.15.030
Title 27 RCW: Libraries, Museums, and Historical Activities
tion under *RCW 29.13.020. Approval of the ballot proposition to create a library capital facility area shall be by a simple
majority vote.
A completed request submitted under this section shall
include: (1) A description of the boundaries of the library
capital facility area; and (2) a copy of the resolution of the
legislative authority of each city or town, and board of trustees of each library district, with territory included within the
proposed library capital facility area indicating both: (a) Its
approval of the creation of the proposed library capital facility area; and (b) agreement on how election costs will be paid
for submitting ballot propositions to voters that authorize the
library capital facility area to incur general indebtedness and
impose excess levies to retire the general indebtedness.
[1996 c 258 § 1; 1995 c 368 § 3.]
eral election. The term "value of the taxable property" has the
meaning set forth in RCW 39.36.015. Such a proposition
shall be submitted to voters at a general or special election
and may be submitted to voters at the same election as the
election when the ballot proposition authorizing the establishing of the library capital facility area is submitted. If the
proposed election date is not a general election, the county
legislative authority is encouraged to request an election
when another unit of local government with territory located
in the proposed library capital facility area is already holding
a special election under *RCW 29.13.020.
(2) A library capital facility area may accept gifts or
grants of money or property of any kind for the same purposes for which it is authorized to borrow money in subsection (1) of this section. [1996 c 258 § 2; 1995 c 368 § 6.]
*Reviser's note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
*Reviser's note: RCW 29.13.020 was recodified as RCW 29A.04.330
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
27.15.030
27.15.030 Governing body. The governing body of the
library capital facility area shall be three members of the
county legislative authority from each county in which the
library capital facility area is located. In counties that have
more than three members of their legislative body, the three
members who shall serve on the governing body of the
library capital facility area shall be chosen by the full membership of the county legislative authority. Where the library
capital facility area is located in more than one county, a
county may be represented by less than three members by
mutual agreement of the legislative authorities of the participating counties. [1995 c 368 § 4.]
27.15.040
27.15.040 Authority to construct, acquire, maintain,
and remodel facilities—Interlocal agreements—Legal
title. A library capital facilities [facility] area may construct,
acquire, maintain, and remodel library capital facilities and
the governing body of the library capital facility area may, by
interlocal agreement or otherwise, contract with a county,
city, town, or library district to design, administer the construction of, operate, or maintain a library capital facility
financed pursuant to this chapter. Legal title to library capital
facilities acquired or constructed pursuant to this chapter may
be transferred, acquired, or held by the library capital facility
area or by a county, city, town, or library district in which the
facility is located. [1995 c 368 § 5.]
27.15.050
27.15.050 Financing—Bonds authorized. (1) A
library capital facility area may contract indebtedness or borrow money to finance library capital facilities and may issue
general obligation bonds for such purpose not exceeding an
amount, together with any existing indebtedness of the
library capital facility area, equal to one and one-quarter percent of the value of the taxable property in the district and
impose excess property tax levies to retire the general indebtedness as provided in RCW 39.36.050 if a ballot proposition
authorizing both the indebtedness and excess levies is
approved by at least three-fifths of the voters of the library
capital facility area voting on the proposition, and the total
number of voters voting on the proposition constitutes not
less than forty percent of the total number of voters in the
library capital facility area voting at the last preceding gen[Title 27 RCW—page 14]
27.15.060
27.15.060 Dissolution of library capital facility area.
(1) A library capital facility area may be dissolved by a
majority vote of the governing body when all obligations
under any general obligation bonds issued by the library capital facility area have been discharged and any other contractual obligations of the library capital facility area have either
been discharged or assumed by another governmental entity.
(2) A library capital facility area shall be dissolved by
the governing body if the first two ballot propositions under
RCW 27.15.050 that are submitted to voters are not
approved. [1995 c 368 § 7.]
Chapter 27.18
Chapter 27.18 RCW
INTERSTATE LIBRARY COMPACT
Sections
27.18.010
27.18.020
27.18.030
27.18.040
27.18.050
Definitions.
Compact enacted—Provisions.
Compact administrator—Deputies—Library agreements, submittal.
Compliance with tax and bonding laws enjoined.
Withdrawal—Compact administrator to send and receive
notices.
27.18.010
27.18.010 Definitions. As used in this chapter, except
where the context otherwise requires:
(1) "Compact" means the interstate library compact.
(2) "Public library agency", with reference to this state,
means the state library and any county or city library or any
regional library, rural county library district library, island
library district library, or intercounty rural library district
library.
(3) "State library agency", with reference to this state,
means the commissioners of the state library. [1982 c 123 §
17; 1965 ex.s. c 93 § 1.]
27.18.020
27.18.020 Compact enacted—Provisions. The interstate library compact hereby is enacted into law and entered
into by this state with all states legally joining therein in the
form substantially as follows:
(2004 Ed.)
Interstate Library Compact
INTERSTATE LIBRARY COMPACT
ARTICLE I. POLICY AND PURPOSE
Because the desire for the services provided by libraries
transcends governmental boundaries and can most effectively be satisfied by giving such services to communities
and people regardless of jurisdictional lines, it is the policy of
the states party to this compact to cooperate and share their
responsibilities; to authorize cooperation and sharing with
respect to those types of library facilities and services which
can be more economically or efficiently developed and maintained on a cooperative basis; and to authorize cooperation
and sharing among localities, states and others in providing
joint or cooperative library services in areas where the distribution of population or of existing and potential library
resources make the provision of library service on an interstate basis the most effective way of providing adequate and
efficient service.
ARTICLE II. DEFINITIONS
As used in this compact:
(a) "Public library agency" means any unit or agency of
local or state government operating or having power to operate a library.
(b) "Private library agency" means any nongovernmental
entity which operates or assumes a legal obligation to operate
a library.
(c) "Library agreement" means a contract establishing an
interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.
ARTICLE III. INTERSTATE LIBRARY DISTRICTS
(a) Any one or more public library agencies in a party
state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of
this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish,
maintain and operate some or all of the library facilities and
services for the area concerned in accordance with the terms
of a library agreement therefor. Any private library agency or
agencies within an interstate library district may cooperate
therewith, assume duties, responsibilities and obligations
thereto, and receive benefits therefrom as provided in any
library agreement to which such agency or agencies become
party.
(b) Within an interstate library district, and as provided
by a library agreement, the performance of library functions
may be undertaken on a joint or cooperative basis or may be
undertaken by means of one or more arrangements between
or among public or private library agencies for the extension
of library privileges to the use of facilities or services operated or rendered by one or more of the individual library
agencies.
(c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have
power to do any one or more of the following in accordance
with such library agreement:
(2004 Ed.)
27.18.020
1. Undertake, administer and participate in programs or
arrangements for securing, lending or servicing books and
other publications, any other materials suitable to be kept or
made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof.
2. Accept for any of its purposes under this compact any
and all donations, and grants of money, equipment, supplies,
materials, and services, (conditional or otherwise), from any
state or the United States or any subdivision or agency
thereof, or interstate agency, or from any institution, person,
firm or corporation, and receive, utilize and dispose of the
same.
3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.
4. Employ professional, technical, clerical and other personnel, and fix terms of employment, compensation and
other appropriate benefits; and where desirable, provide for
the inservice training of such personnel.
5. Sue and be sued in any court of competent jurisdiction.
6. Acquire, hold, and dispose of any real or personal
property or any interest or interests therein as may be appropriate to the rendering of library service.
7. Construct, maintain and operate a library, including
any appropriate branches thereof.
8. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.
ARTICLE IV. INTERSTATE LIBRARY DISTRICTS,
GOVERNING BOARD
(a) An interstate library district which establishes, maintains or operates any facilities or services in its own right
shall have a governing board which shall direct the affairs of
the district and act for it in all matters relating to its business.
Each participating public library agency in the district shall
be represented on the governing board which shall be organized and conduct its business in accordance with provision
therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.
(b) Any private library agency or agencies party to a
library agreement establishing an interstate library district
may be represented on or advise with the governing board of
the district in such manner as the library agreement may provide.
ARTICLE V. STATE LIBRARY AGENCY COOPERATION
Any two or more state library agencies of two or more of
the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing and disposition of
items or collections of materials which, by reason of expense,
rarity, specialized nature, or infrequency of demand therefor
would be appropriate for central collection and shared use.
Any such programs, services or arrangements may include
provision for the exercise on a cooperative or joint basis of
any power exercisable by an interstate library district and an
agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed
[Title 27 RCW—page 15]
27.18.020
Title 27 RCW: Libraries, Museums, and Historical Activities
in Article VI of this compact for interstate library agreements.
ARTICLE VI. LIBRARY AGREEMENTS
(a) In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library
agencies may enter into library agreements. Any agreement
executed pursuant to the provisions of this compact shall, as
among the parties to the agreement:
1. Detail the specific nature of the services, programs,
facilities, arrangements or properties to which it is applicable.
2. Provide for the allocation of costs and other financial
responsibilities.
3. Specify the respective rights, duties, obligations and
liabilities of the parties.
4. Set forth the terms and conditions for duration,
renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be
appropriate to the proper effectuation and performance of the
agreement.
(b) No public or private library agency shall undertake to
exercise itself, or jointly with any other library agency, by
means of a library agreement any power prohibited to such
agency by the constitution or statutes of its state.
(c) No library agreement shall become effective until
filed with the compact administrator of each state involved,
and approved in accordance with Article VII of this compact.
ARTICLE VII. APPROVAL OF LIBRARY AGREEMENTS
(a) Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry
into force, be submitted to the attorney general of each state
in which a public library agency party thereto is situated, who
shall determine whether the agreement is in proper form and
compatible with the laws of his state. The attorneys general
shall approve any agreement submitted to them unless they
shall find that it does not meet the conditions set forth herein
and shall detail in writing addressed to the governing bodies
of the public library agencies concerned the specific respects
in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted
hereunder within ninety days of its submission shall constitute approval thereof.
(b) In the event that a library agreement made pursuant
to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or
agency of the state government has constitutional or statutory
powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or
agency having such power of control and shall be approved
or disapproved by him or it as to all matters within his or its
jurisdiction in the same manner and subject to the same
requirements governing the action of the attorneys general
pursuant to paragraph (a) of this article. This requirement of
submission and approval shall be in addition to and not in
substitution for the requirement of submission to and
approval by the attorneys general.
[Title 27 RCW—page 16]
ARTICLE VIII. OTHER LAWS APPLICABLE
Nothing in this compact or in any library agreement shall
be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law,
nor to authorize the transfer or disposition of any property
held in trust by a library agency in a manner contrary to the
terms of such trust.
ARTICLE IX. APPROPRIATIONS AND AID
(a) Any public library agency party to a library agreement may appropriate funds to the interstate library district
established thereby in the same manner and to the same
extent as to a library wholly maintained by it and, subject to
the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library
district established by the agreement.
(b) Subject to the provisions of the library agreement
pursuant to which it functions and the laws of the states in
which such district is situated, an interstate library district
may claim and receive any state and federal aid which may be
available to library agencies.
ARTICLE X. COMPACT ADMINISTRATOR
Each state shall designate a compact administrator with
whom copies of all library agreements to which his state or
any public library agency thereof is party shall be filed. The
administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and
cooperate with the compact administrators of other party
states and take such steps as may effectuate the purposes of
this compact. If the laws of a party state so provide, such state
may designate one or more deputy compact administrators in
addition to its compact administrator.
ARTICLE XI. ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state
upon the enactment thereof by such state.
(b) This compact shall continue in force with respect to a
party state and remain binding upon such state until six
months after such state has given notice to each other party
state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into
pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.
ARTICLE XII. CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact
shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of
any state party thereto, the compact shall remain in full force
and effect as to the remaining states and in full force and
(2004 Ed.)
State Law Library
effect as to the state affected as to all severable matters.
[1965 ex.s. c 93 § 2.]
27.18.030
27.18.030 Compact administrator—Deputies—
Library agreements, submittal. The state librarian shall be
the compact administrator pursuant to Article X of the compact. The state librarian shall appoint one or more deputy
compact administrators. Every library agreement made pursuant to Article VI of the compact shall, as a condition precedent to its entry into force, be submitted to the state librarian
for his recommendations. [1965 ex.s. c 93 § 3.]
27.18.040
27.18.040 Compliance with tax and bonding laws
enjoined. No regional library, county library, rural county
library district library, island library district library, intercounty rural library district library, or city library of this state
shall be a party to a library agreement which provides for the
construction or maintenance of a library pursuant to Article
III, subdivision (c-7) of the compact, nor levy a tax or issue
bonds to contribute to the construction or maintenance of
such a library, except after compliance with any laws applicable to regional libraries, county libraries, rural county library
district libraries, island library district libraries, intercounty
rural library district libraries, or city libraries relating to or
governing the levying of taxes or the issuance of bonds.
[1982 c 123 § 18; 1965 ex.s. c 93 § 4.]
27.18.050
27.18.050 Withdrawal—Compact administrator to
send and receive notices. In the event of withdrawal from
the compact the compact administrator shall send and receive
any notices required by Article XI(b) of the compact. [1965
ex.s. c 93 § 5.]
Chapter 27.20
Chapter 27.20 RCW
STATE LAW LIBRARY
Sections
27.20.030
27.20.040
27.20.050
Library part of judicial branch.
State law librarian and assistants—Appointment, tenure, compensation.
Duties of law librarian.
27.20.030
27.20.030 Library part of judicial branch. The state
law library shall be a part of the judicial branch of state government and shall be under the exclusive jurisdiction and
control of the supreme court. [1959 c 188 § 1.]
Committee abolished: "The state law library committee is hereby
abolished." [1959 c 188 § 5.] Provisions relating to the state law library
committee were formerly codified in chapter 43.36 RCW but were repealed
by 1959 c 188 § 6.
27.20.040
27.20.040 State law librarian and assistants—
Appointment, tenure, compensation. The supreme court
shall appoint a state law librarian, who may be removed at its
pleasure. The librarian shall receive such compensation only
as shall be fixed by the court.
The court may also appoint and fix the salaries of such
assistants and clerical personnel as may be required. [1959 c
188 § 2.]
Rules of court: SAR 18.
(2004 Ed.)
27.24.020
27.20.050
27.20.050 Duties of law librarian. The duties of the
state law librarian shall be as prescribed by statute and by
rules of court. [1959 c 188 § 3.]
Duties of state law librarian relative to session laws, legislative journals and
supreme court reports: Chapter 40.04 RCW.
Chapter 27.24
Chapter 27.24 RCW
COUNTY LAW LIBRARIES
Sections
27.24.010
27.24.020
27.24.030
27.24.040
27.24.062
27.24.066
27.24.067
27.24.068
27.24.070
27.24.090
27.24.900
Establishment.
Board of trustees—Composition—Terms.
Powers of board.
Annual report.
Establishment of regional law libraries.
Library rooms and service.
Free use of library.
Establishment of county law library—Trustee—Free use of
library.
Portion of filing fees for county or regional law library.
Discontinuance of fees.
Effective date—1992 c 62.
27.24.010
27.24.010 Establishment. Each county with a population of eight thousand or more shall have a county law
library, which shall be governed and maintained as hereinafter provided. [1992 c 62 § 1; 1919 c 84 § 1; RRS § 8247.]
27.24.020
27.24.020 Board of trustees—Composition—Terms.
(1) Every county with a population of three hundred thousand
or more must have a board of law library trustees consisting
of five members to be constituted as follows: The chairman
of the county legislative authority is an ex officio trustee, the
judges of the superior court of the county shall choose two of
their number to be trustees, and the members of the county
bar association shall choose two members of the bar of the
county to be trustees.
(2) Every county with a population of eight thousand or
more but less than three hundred thousand must have a board
of law library trustees consisting of five members to be constituted as follows: The chairman of the county legislative
authority is an ex officio trustee, the judges of the superior
court of the county shall choose one of their number to be a
trustee, and the members of the county bar association shall
choose three members of the county to be trustees. If there is
no county bar association, then the lawyers of the county
shall choose three of their number to be trustees.
(3) If a county has a population of less than eight thousand, then the provisions contained in RCW 27.24.068 shall
apply to the establishment and operation of the county law
library.
(4) If a regional law library is created pursuant to RCW
27.24.062, then it shall be governed by one board of trustees.
The board shall consist of the following representatives from
each county: The judges of the superior court of the county
shall choose one of their number to be a trustee, the county
legislative authority shall choose one of their number to be a
trustee, and the members of the county bar association shall
choose one member of the bar of the county to be a trustee. If
there is no county bar association, then the lawyers of the
county shall choose one of their number to be a trustee.
(5) The term of office of a member of the board who is a
judge is for as long as he or she continues to be a judge, and
[Title 27 RCW—page 17]
27.24.030
Title 27 RCW: Libraries, Museums, and Historical Activities
the term of a member who is from the bar is four years.
Vacancies shall be filled as they occur and in the manner
directed in this section. The office of trustee shall be without
salary or other compensation. The board shall elect one of
their number president and the librarian shall act as secretary,
except that in counties with a population of eight thousand or
more but less than three hundred thousand, the board shall
elect one of their number to act as secretary if no librarian is
appointed. Meetings shall be held at least once per year, and
if more often, then at such times as may be prescribed by rule.
[1992 c 62 § 2; 1919 c 84 § 2; RRS § 8248.]
27.24.030
27.24.030 Powers of board. The board of law library
trustees shall have power:
(1) To make and enforce rules for their own procedure
and for the government, care and use of the library, and for
the guidance of employees.
(2) To remove any trustee, except an ex officio trustee,
for neglect to attend the meetings of the board.
(3) To employ a librarian and assistants and to prescribe
their duties, fix their compensation and remove them at will.
(4) To purchase books, periodicals and other property
suitable for the library and to accept gifts and bequests of
money and property for the library, and to sell property which
is unsuitable or not needed for the library.
(5) To examine and approve for payment claims and
demands payable out of the county law library fund. [1919 c
84 § 3; RRS § 8249.]
27.24.040
27.24.040 Annual report. The board of law library
trustees shall, on or before the first Monday in September of
each year, make a report to the county legislative authority of
their county giving the condition of their trust, with a full
statement of all property received and how used, the number
of books and other publications on hand, the number added
by purchase, gift or otherwise during the preceding year, the
number lost or missing, and such other information as may be
of public interest, together with a financial report showing all
receipts and disbursements of money. [1992 c 62 § 3; 1919 c
84 § 4; RRS § 8250.]
27.24.062
27.24.062 Establishment of regional law libraries.
Two or more counties each with a population of from eight
thousand to less than one hundred twenty-five thousand may,
by agreement of the respective law library boards of trustees,
create a regional law library and establish and maintain one
principal law library at such location as the regional board of
trustees may determine will best suit the needs of the users:
PROVIDED, HOWEVER, That there shall be at all times a
law library in such size as the board of trustees may determine necessary to be located at the courthouse where each
superior court is located. [1992 c 62 § 4; 1991 c 363 § 18;
1971 ex.s. c 141 § 1; 1943 c 195 § 1; 1933 c 167 § 1; 1925
ex.s. c 94 § 1; Rem. Supp. 1943 § 8254-1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
27.24.066
27.24.066 Library rooms and service. The county legislative authority of each county that is required to maintain a
county law library shall upon demand by the board of law
[Title 27 RCW—page 18]
library trustees, provide a room suitable for the law library,
with adequate heat, light, and janitor service. [1992 c 62 § 5;
1933 c 167 § 3, part; RRS § 8254-7.]
27.24.067
27.24.067 Free use of library. The use of the county
law library shall be free to the judges of the state, to state and
county officials, and to members of the bar, and to such others as the board of trustees may by rule provide. Residents of
counties with a population of three hundred thousand or more
shall have free use of the law library. [1992 c 62 § 6; 1933 c
167 § 3, part; RRS § 8254-8.]
27.24.068
27.24.068 Establishment of county law library—
Trustee—Free use of library. In each county with a population of less than eight thousand, there may be a county law
library which shall be governed and maintained by the prosecuting attorney who shall also serve as trustee of such library
without additional salary or other compensation.
The use of the county law library shall be free to the
judges of the state, to state and county officials, and to members of the bar, and to such others as the prosecuting attorney
may by rule provide. [1991 c 363 § 19; 1975 c 37 § 1.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
27.24.070
27.24.070 Portion of filing fees for county or regional
law library. In each county pursuant to this chapter, the
county treasurer shall deposit in the county or regional law
library fund a sum equal to twelve dollars for every new probate or civil filing fee, including appeals, collected by the
clerk of the superior court and six dollars for every fee collected for the commencement of a civil action in district court
for the support of the law library in that county or the regional
law library to which the county belongs: PROVIDED, That
upon a showing of need the twelve dollar contribution may be
increased up to fifteen dollars upon the request of the law
library board of trustees and with the approval of the county
legislative body or bodies. [1992 c 54 § 6; 1985 c 389 § 2;
1984 c 258 § 310; 1979 c 126 § 1; 1971 ex.s. c 141 § 3; 1969
c 25 § 2; 1961 c 304 § 9; 1957 c 31 § 1; 1953 c 249 § 1. Prior:
(i) 1937 c 32 § 1, part; 1919 c 84 § 8, part; RRS § 8254, part.
(ii) 1933 c 167 § 2, part; 1925 ex.s. c 94 § 3, part; RRS §
8254-3, part. (iii) 1943 c 195 § 2; Rem. Supp. 1943 § 82549.]
Effective date—1992 c 54: See note following RCW 36.18.020.
Effective date—1985 c 389: "Sections 2 through 9 of this act are necessary for the immediate preservation of the public peace, health, and safety,
the support of the state government and its existing public institutions, and
shall take effect July 1, 1985." [1985 c 389 § 10.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
County clerk's fees: RCW 36.18.020.
District courts, filing fees in civil cases: RCW 3.62.060.
27.24.090
27.24.090 Discontinuance of fees. The collection of
the fees directed in RCW 27.24.070 shall be discontinued
whenever the board of trustees of a county library or the prosecuting attorney, as the case may be, files with the county
clerk and clerks of the district courts a written resolution to
the effect that the county library fund in its county is suffi(2004 Ed.)
State Historical Societies—Historic Preservation
cient for all present needs, which resolution shall remain
effective until it is later rescinded. Upon its rescission, the
county clerk and clerks of the district courts shall resume the
collection of such fees. [1987 c 202 § 188; 1975 c 37 § 2;
1953 c 249 § 3; 1933 c 167 § 2, part; 1925 ex.s. c 94 § 3, part;
RRS § 8254-3, part.]
Intent—1987 c 202: See note following RCW 2.04.190.
27.24.900
27.24.900 Effective date—1992 c 62. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect April 1,
1992. [1992 c 62 § 10.]
Chapter 27.34
Chapter 27.34 RCW
STATE HISTORICAL SOCIETIES—
HISTORIC PRESERVATION
Sections
27.34.010
27.34.020
27.34.060
27.34.070
27.34.075
27.34.080
27.34.200
27.34.210
27.34.220
27.34.230
27.34.240
27.34.250
27.34.260
27.34.270
27.34.280
27.34.310
27.34.320
27.34.330
27.34.342
27.34.344
27.34.346
27.34.350
27.34.900
27.34.906
27.34.910
27.34.915
27.34.916
Purpose.
Definitions.
State historical societies—Budget requests.
State historical societies—Powers and duties.
Educational publications printing.
State historical societies—Appointment of directors—
Removal.
Archaeology and historic preservation—Legislative declaration.
Office of archaeology and historic preservation—Preservation
officer—Qualifications.
Director—Powers.
Director—Duties.
Apportionment of grants.
Advisory council on historic preservation—Members.
Advisory council—Compensation and reimbursement of
members.
Advisory council—Duties.
Advisory council, heritage council—Financial and administrative services.
Inventory of state-owned properties—Definitions.
Inventory of state-owned properties—Procedure—Grants.
Heritage capital projects—Proposals for funding—Prioritized
list.
Lewis and Clark bicentennial advisory committee.
Lewis and Clark bicentennial advisory committee—Duties—
Role of Washington state historical society.
Lewis and Clark bicentennial account.
Governor's award for excellence in teaching history.
State capital historical museum.
Pickett House—In trust—Reverter.
Effective date—1983 c 91.
Severability—1993 c 101.
Effective date—1993 c 101.
Archaeological sites and resources: Chapter 27.53 RCW.
Historic preservation—Authority of county, city, or town to acquire property, borrow money, issue bonds, etc.: RCW 35.21.395, 36.32.435.
27.34.010
27.34.010 Purpose. The legislature finds that those articles and properties which illustrate the history of the state of
Washington should be maintained and preserved for the use
and benefit of the people of the state. It is the purpose of this
chapter to designate the two state historical societies as trustees of the state for these purposes, and to establish:
(1) A comprehensive and consistent statewide policy
pertaining to archaeology, history, historic preservation, and
other historical matters;
(2) Statewide coordination of historical programs; and
(3) A coordinated budget for all state historical agencies.
[1993 c 101 § 9; 1983 c 91 § 1.]
(2004 Ed.)
27.34.020
Findings—1993 c 101: "The legislature finds that:
(1) There is a strong community of interest between the Washington
state historical society and the state capital historical association. This community of interest is expressed through many common goals, missions, and
heritage programs, as well as a close geographic proximity between these
two state historical agencies.
(2) The capacity to preserve our state's rich and diverse heritage and the
unique political and cultural history of the state capital will be strengthened
if the programs of both agencies are combined into a single, cohesive entity.
(3) In a time of limited state resources, operational efficiencies and savings can be achieved if the programs and personnel of both agencies are managed by a single entity.
It is, therefore, the purpose of this act to transfer the powers and duties
of the state historical agency known as the state capital historical association
to the Washington state historical society. However, it is the intent of the legislature that as the consolidation of these two agencies occurs, the unique
missions and programs of the state capital historical association and the state
capital historical museum be preserved." [1993 c 101 § 1.]
27.34.020
27.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Advisory council" means the advisory council on
historic preservation.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Director" means the director of community, trade,
and economic development.
(4) "Federal act" means the national historic preservation
act of 1966 (Public Law 89-655; 80 Stat. 915).
(5) "Heritage council" means the Washington state heritage council.
(6) "Historic preservation" includes the protection, rehabilitation, restoration, identification, scientific excavation,
and reconstruction of districts, sites, buildings, structures,
and objects significant in American and Washington state
history, architecture, archaeology, or culture.
(7) "Office" means the office of archaeology and historic
preservation within the department.
(8) "Preservation officer" means the state historic preservation officer as provided for in RCW 27.34.210.
(9) "Project" means programs leading to the preservation
for public benefit of historical properties, whether by state
and local governments or other public bodies, or private organizations or individuals, including the acquisition of title or
interests in, and the development of, any district, site, building, structure, or object that is significant in American and
Washington state history, architecture, archaeology, or culture, and property used in connection therewith, or for its
development.
(10) "State historical agencies" means the state historical
societies and the office of archaeology and historic preservation within the department.
(11) "State historical societies" means the Washington
state historical society and the eastern Washington state historical society.
(12) "Cultural resource management plan" means a comprehensive plan which identifies and organizes information
on the state of Washington's historic, archaeological, and
architectural resources into a set of management criteria, and
which is to be used for producing reliable decisions, recommendations, and advice relative to the identification, evaluation, and protection of these resources. [1995 c 399 § 13;
1993 c 101 § 10; 1986 c 266 § 9; 1983 c 91 § 2.]
[Title 27 RCW—page 19]
27.34.060
Title 27 RCW: Libraries, Museums, and Historical Activities
Findings—1993 c 101: See note following RCW 27.34.010.
Severability—1986 c 266: See note following RCW 38.52.005.
Transfer of powers and duties of office of archaeology and historic
preservation—Construction of statutory references: See note following
RCW 38.52.005.
27.34.060
27.34.060 State historical societies—Budget requests.
Each state historical society shall submit its budget requests
to the heritage council for review and comment. [1983 c 91
§ 6.]
27.34.070
27.34.070 State historical societies—Powers and
duties. (1) Each state historical society is designated a
trustee for the state whose powers and duties include but are
not limited to the following:
(a) To collect, catalog, preserve, and interpret objects,
manuscripts, sites, photographs, and other materials illustrative of the cultural, artistic, and natural history of this state;
(b) To operate state museums and assist and encourage
cultural and historical studies and museum interpretive
efforts throughout the state, including those sponsored by
local historical organizations, and city, county, and state
agencies;
(c) To engage in cultural, artistic, and educational activities, including classes, exhibits, seminars, workshops, and
conferences if these activities are related to the basic purpose
of the society;
(d) To plan for and conduct celebrations of significant
events in the history of the state of Washington and to give
assistance to and coordinate with state agencies, local governments, and local historical organizations in planning and
conducting celebrations;
(e) To create one or more classes of membership in the
society;
(f) To engage in the sale of various articles which are
related to the basic purpose of the society;
(g) To engage in appropriate fund-raising activities for
the purpose of increasing the self-support of the society;
(h) To accept gifts, grants, conveyances, bequests, and
devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend the same
or the proceeds, rents, profits, and income therefrom except
as limited by the donor's terms. The governing boards of the
state historical societies shall adopt rules to govern and protect the receipt and expenditure of the proceeds, rents, profits,
and income of all such gifts, grants, conveyances, bequests,
and devises;
(i) To accept on loan or lend objects of historical interest,
and sell, exchange, divest itself of, or refuse to accept, items
which do not enhance the collection;
(j) To charge general or special admission fees to its
museums or exhibits and to waive or decrease such fees as it
finds appropriate; and
(k) To work with the heritage council in developing the
plan under *RCW 27.34.050.
(2) All objects, sites, manuscripts, photographs, and all
property, including real property, now held or hereafter
acquired by the state historical societies shall be held by the
societies in trust for the use and benefit of the people of
Washington state. [1983 c 91 § 7.]
[Title 27 RCW—page 20]
*Reviser's note: RCW 27.34.050 was repealed by 1994 sp.s. c 9 § 858,
effective July 1, 1994.
27.34.075 Educational publications printing. The
provisions of chapter 43.78 RCW shall not apply to the printing of educational publications of the state historical societies. [1994 c 82 § 2.]
27.34.075
27.34.080 State historical societies—Appointment of
directors—Removal. The governing board of each state historical society shall appoint its respective director with the
consent of the governor. The governor may remove a director
for cause or if a majority of the society's governing board
votes for removal. [1983 c 91 § 8.]
27.34.080
27.34.200 Archaeology and historic preservation—
Legislative declaration. The legislature hereby finds that
the promotion, enhancement, perpetuation, and use of structures, sites, districts, buildings, and objects of historic,
archaeological, architectural, and cultural significance is
desirable in the interest of the public pride and general welfare of the people of the state; and the legislature further finds
that the economic, cultural, and aesthetic standing of the state
can be maintained and enhanced by protecting the heritage of
the state and by preventing the destruction or defacement of
these assets; therefore, it is hereby declared by the legislature
to be the public policy and in the public interest of the state to
designate, preserve, protect, enhance, and perpetuate those
structures, sites, districts, buildings, and objects which reflect
outstanding elements of the state's historic, archaeological,
architectural, or cultural heritage, for the inspiration and
enrichment of the citizens of the state. [1983 c 91 § 10.]
27.34.200
27.34.210 Office of archaeology and historic preservation—Preservation officer—Qualifications. There is
hereby established the office of archaeology and historic
preservation within the department.
The director shall appoint the preservation officer to
assist the director in implementing this chapter. The preservation officer shall have a background in program administration, an active involvement in historic preservation, and a
knowledge of the national, state, and local preservation programs as they affect the state of Washington. [1995 c 399 §
14; 1986 c 266 § 10; 1983 c 91 § 11.]
27.34.210
Severability—1986 c 266: See note following RCW 38.52.005.
Identification of historic properties and sites in need of rehabilitation or renovation—Use of conservation corps members: RCW 43.220.180.
27.34.220 Director—Powers. The director or the
director's designee is authorized:
(1) To promulgate and maintain the Washington heritage
register of districts, sites, buildings, structures, and objects
significant in American or Washington state history, architecture, archaeology, and culture, and to prepare comprehensive statewide historic surveys and plans and research and
evaluation of surveyed resources for the preparation of nominations to the Washington heritage register and the national
register of historic places, in accordance with criteria
approved by the advisory council established under RCW
27.34.250. Nominations to the national register of historic
places shall comply with any standards and regulations pro27.34.220
(2004 Ed.)
State Historical Societies—Historic Preservation
mulgated by the United States secretary of the interior for the
preservation, acquisition, and development of such properties. Nominations to the Washington heritage register shall
comply with rules adopted under this chapter.
(2) To establish a program of matching grants-in-aid to
public agencies, public or private organizations, or individuals for projects having as their purpose the preservation for
public benefit of properties that are significant in American
or Washington state history, architecture, archaeology, and
culture.
(3) To promote historic preservation efforts throughout
the state, including private efforts and those of city, county,
and state agencies.
(4) To enhance the effectiveness of the state preservation
program through the initiation of legislation, the use of varied
funding sources, the creation of special purpose programs,
and contact with state, county, and city officials, civic
groups, and professionals.
(5) To spend funds, subject to legislative appropriation
and the availability of funds, where necessary to assist the
Indian tribes of Washington state in removing prehistoric
human remains for scientific examination and reburial, if the
human remains have been unearthed inadvertently or through
vandalism and if no other public agency is legally responsible
for their preservation.
(6) To consult with the governor and the legislature on
issues relating to the conservation of the man-made environment and their impact on the well-being of the state and its
citizens.
(7) To charge fees for professional and clerical services
provided by the office.
(8) To adopt such rules, in accordance with chapter
34.05 RCW, as are necessary to carry out RCW 27.34.200
through 27.34.280. [1997 c 145 § 1; 1987 c 505 § 8; 1986 c
266 § 11; 1985 c 64 § 2; 1983 c 91 § 12.]
Severability—1986 c 266: See note following RCW 38.52.005.
27.34.310
27.34.250
27.34.250 Advisory council on historic preservation—Members. (1) There is hereby established an advisory
council on historic preservation, which shall be composed of
nine members appointed by the governor as follows:
(a) A representative of a local or state heritage organization;
(b) Six members of the public who are interested and
experienced in matters to be considered by the council
including the fields of history, architecture, and archaeology;
(c) A representative from the Washington archaeological
community; and
(d) A native American.
(2) Each member of the council shall serve a four-year
term.
(3) A vacancy in the council shall not affect its powers,
but shall be filled in the same manner as the original appointment for the balance of the unexpired term.
(4) The chairperson of the council shall be designated by
the governor.
(5) Five members of the council shall constitute a quorum. [1995 c 150 § 1. Prior: 1993 c 185 § 1; 1993 c 101 § 12;
1983 c 91 § 15.]
Effective date—1993 c 185: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30,
1993." [1993 c 185 § 2.]
Findings—1993 c 101: See note following RCW 27.34.010.
27.34.260
27.34.260 Advisory council—Compensation and
reimbursement of members. The directors of the state historical societies shall serve as members of the advisory council on historic preservation without additional compensation.
All other members of the advisory council shall be reimbursed for travel expenses incurred in the performance of the
duties of the council in accordance with RCW 43.03.050 and
43.03.060. [1983 c 91 § 18.]
27.34.270
27.34.230
27.34.230 Director—Duties. The director or the director's designee shall:
(1) Submit the budget requests for the office to the heritage council for review and comment;
(2) Receive, administer, and disburse such gifts, grants,
and endowments from private sources as may be made in
trust or otherwise for the purposes of RCW 27.34.200
through *27.34.290 or the federal act; and
(3) Develop and implement a cultural resource management plan. [1986 c 266 § 12; 1983 c 91 § 13.]
*Reviser's note: RCW 27.34.290 was repealed by 1986 c 266 § 53.
27.34.270 Advisory council—Duties. The advisory
council shall:
(1) Advise the governor and the department on matters
relating to historic preservation; recommend measures to
coordinate activities of state and local agencies, private institutions, and individuals relating to historic preservation; and
advise on the dissemination of information pertaining to such
activities; and
(2) Review and recommend nominations for the national
register of historic places to the preservation officer and the
director. [1997 c 145 § 2; 1986 c 266 § 14; 1983 c 91 § 17.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1986 c 266: See note following RCW 38.52.005.
27.34.280
27.34.240
27.34.240 Apportionment of grants. The amounts
made available for grants to the public agencies, public or
private organizations, or individuals for projects for each fiscal year shall be apportioned among program applicants by
the director or the director's designee, with the advice of the
preservation officer, in accordance with needs as contained in
statewide archaeology and historic preservation plans developed by the department. [1986 c 266 § 13; 1983 c 91 § 14.]
Severability—1986 c 266: See note following RCW 38.52.005.
(2004 Ed.)
27.34.280 Advisory council, heritage council—
Financial and administrative services. The department
shall provide administrative and financial services to the
advisory council on historic preservation and to the Washington state heritage council. [1986 c 266 § 15; 1983 c 91 § 16.]
Severability—1986 c 266: See note following RCW 38.52.005.
27.34.310
27.34.310 Inventory of state-owned properties—Definitions. Unless the context clearly requires otherwise, the
following definitions apply throughout RCW 27.34.320.
[Title 27 RCW—page 21]
27.34.320
Title 27 RCW: Libraries, Museums, and Historical Activities
(1) "Agency" means the state agency, department, or
institution that has ownership of historic property.
(2) "Historic properties" means those buildings, sites,
objects, structures, and districts that are listed in or eligible
for listing in the National Register of Historic Places.
(3) "Office" means the office of archaeology and historic
preservation within the department of community, trade, and
economic development. [1995 c 399 § 15; 1993 c 325 § 3.]
Purpose—1993 c 325 §§ 3 and 4: "It is the purpose of sections 3 and 4
of this act to give authority to the office of archaeology and historic preservation to identify and record all state-owned facilities to determine which of
these facilities may be considered historically significant and to require the
office to provide copies of the inventory to departments, agencies, and institutions that have jurisdiction over the buildings and sites listed." [1993 c 325
§ 2.]
27.34.320 Inventory of state-owned properties—Procedure—Grants. (1) By January 2, 1994, the office shall
provide each agency with a list of the agency's properties currently listed on the National Register of Historic Places. By
January 2, 1995, agencies that own property shall provide to
the office a list of those properties that are either at least fifty
years old or that may be eligible for listing in the National
Register of Historic Places. If funding is available, the office
may provide grants to state agencies to assist in the development of the agency's list. By June 30, 1995, the office shall
compile and disseminate an inventory of state-owned historic
properties.
(2) The office shall provide technical information to
agency staff involved with the identification of historic properties, including the criteria for facilities to be placed on the
National Register of Historic Places. [1993 c 325 § 4.]
acquired solely for the purpose of the project, and in-kind
contributions. The department shall not sign contracts or otherwise financially obligate funds under this section until the
legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society
shall include provisions requiring that capital improvements
be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for
the express purpose of the grant. If the grantee is found to be
out of compliance with provisions of the contract, the grantee
shall repay to the state general fund the principal amount of
the grant plus interest calculated at the rate of interest on state
of Washington general obligation bonds issued most closely
to the date of authorization of the grant. [1999 c 295 § 2;
1995 c 182 § 2.]
27.34.320
Purpose—1993 c 325 §§ 3 and 4: See note following RCW 27.34.310.
27.34.330 Heritage capital projects—Proposals for
funding—Prioritized list. (Expires June 30, 2007.) The
Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage
capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility
and evaluation criteria. Application for funding of specific
projects may be made to the society by local governments,
public development authorities, nonprofit corporations, tribal
governments, and other entities, as determined by the society.
The society, with the advice of leaders in the heritage field,
including but not limited to representatives from the office of
the secretary of state, the eastern Washington state historical
society, and the state office of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to the governor and the legislature in the
society's biennial capital budget request. The list shall
include a description of each project, the amount of recommended state funding, and documentation of nonstate funds
to be used for the project. The total amount of recommended
state funding for projects on a biennial project list shall not
exceed four million dollars. The department may provide an
additional alternate project list which shall not exceed five
hundred thousand dollars. The prioritized list shall be developed through open and public meetings and the amount of
state funding shall not exceed thirty-three percent of the total
cost of the project. The nonstate portion of the total project
cost may include cash, the value of real property when
27.34.330
[Title 27 RCW—page 22]
Expiration date—1999 c 295: See note following RCW 43.63A.750.
Findings—1995 c 182: "The legislature finds that the state of Washington has a rich heritage in historical sites and artifacts that have the potential
to provide life-long learning opportunities for citizens of the state. Further,
the legislature finds that many of these historical treasures are not readily
accessible to citizens, and that there is a need to create an ongoing program
to support the capital needs of heritage organizations and facilities." [1995 c
182 § 1.]
27.34.342 Lewis and Clark bicentennial advisory
committee. (Expires June 30, 2007.) The Lewis and Clark
bicentennial advisory committee is created under the auspices of the Washington state historical society. The committee shall consist of fifteen members, as follows:
(1) Six citizen members, at least three of whom must be
enrolled members of a Washington Indian tribe, who shall be
appointed by the governor;
(2) The president of the Washington state historical society;
(3) The director of the Washington state parks and recreation commission;
(4) The secretary of the Washington state department of
transportation;
(5) The director of the Washington state department of
community, trade, and economic development;
(6) Four members of the Washington state legislature,
one from each caucus in the senate and the house of representatives as designated by each caucus; and
(7) The chair of the Lewis and Clark trail advisory committee. [1999 c 35 § 1.]
27.34.342
Expiration date—1999 c 35: "Sections 1 through 3 of this act expire
June 30, 2007." [1999 c 35 § 4.]
27.34.344 Lewis and Clark bicentennial advisory
committee—Duties—Role of Washington state historical
society. (Expires June 30, 2007.) (1) The Lewis and Clark
bicentennial [advisory] committee shall coordinate and provide guidance to Washington's observance of the bicentennial of the Lewis and Clark expedition. The committee may:
(a) Cooperate with national, regional, statewide, and
local events promoting the bicentennial;
(b) Assist, plan, or conduct bicentennial events;
(c) Engage in or encourage fund-raising activities
including revenue-generating enterprises, as well as the solicitation of charitable gifts, grants, or donations;
(d) Promote public education concerning the importance
of the Lewis and Clark expedition in American history,
27.34.344
(2004 Ed.)
Thomas Burke Memorial Washington State Museum of University of Washington
including the role of native people in making the expedition a
success;
(e) Coordinate interagency participation in the observance; and
(f) Perform other related duties.
(2) The committee is attached to the Washington state
historical society for administrative purposes. Accordingly,
the society shall:
(a) Direct and supervise the budgeting, recordkeeping,
reporting, and related administrative and clerical functions of
the committee;
(b) Include the committee's budgetary requests in the
society's departmental budget;
(c) Collect all nonappropriated revenues for the committee and deposit them in the proper fund or account;
(d) Provide staff support for the committee;
(e) Print and disseminate for the committee any required
notices, rules, or orders adopted by the committee; and
(f) Allocate or otherwise provide office space to the
committee as may be necessary. [1999 c 35 § 2.]
Expiration date—1999 c 35: See note following RCW 27.34.342.
27.34.346
27.34.346 Lewis and Clark bicentennial account.
(Expires June 30, 2007.) The Lewis and Clark bicentennial
account is created in the state treasury. Expenditures from the
account may only be expended to finance the activities of the
Lewis and Clark bicentennial [advisory] committee and all
expenditures must be authorized by the director of the Washington state historical society or the director's designee. Moneys in the account may only be spent after appropriation. The
account is subject to the allotment procedures under chapter
43.88 RCW. [1999 c 35 § 3.]
Expiration date—1999 c 35: See note following RCW 27.34.342.
27.34.350
27.34.350 Governor's award for excellence in teaching history. (1) Many people throughout the state contribute
significantly to the promotion of historical study as a means
to give the state's citizens a better sense of the past. The
Washington state historical society recognizes the accomplishments of many men and women in the teaching professions whose skill and achievement in the inculcating of historic values are not given the recognition nor the support they
deserve or given the encouragement to continue their work.
(2) The governor's award for excellence in teaching history is created to annually recognize teachers and public and
private nonprofit historical organizations that have organized, conducted, published, or offered on a consistently
exemplary basis, outstanding activities that promote a better
understanding and appreciation of the state's history. One
cash award to an individual teacher and one cash award to an
organization shall be made each year. The sums described in
this section shall be raised through solicitations from private
donors.
(3) The Washington state historical society's board of
trustees shall make the final determination of award recipients. [1997 c 263 § 1.]
27.34.900
27.34.900 State capital historical museum. The building and grounds designated as Block 2, Grainger's Addition
to the City of Olympia, County of Thurston, acquired by the
(2004 Ed.)
27.40.010
state under senate joint resolution No. 18, session of 1939, is
hereby designated a part of the state capitol, to be known as
the state capital historical museum. This structure is to be
used to house and interpret the collection of the Washington
state historical society. This section does not limit the society's use of other structures. [1993 c 101 § 13; 1981 c 253 §
3; 1941 c 44 § 3; Rem. Supp. 1941 § 8265-6. Formerly RCW
27.36.020.]
Findings—1993 c 101: See note following RCW 27.34.010.
27.34.906
27.34.906 Pickett House—In trust—Reverter. Said
chapter, by acceptance of such conveyance, shall be deemed
to have agreed to hold said property in trust for the state of
Washington, and to maintain and keep the same open to the
public as an historical site, and, in case of its failure so to do,
title to said property shall revert to the state of Washington.
[1965 c 31 § 2. Formerly RCW 27.28.022.]
27.34.910
27.34.910 Effective date—1983 c 91. This act is necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect June 30,
1983. [1983 c 91 § 27.]
27.34.915
27.34.915 Severability—1993 c 101. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1993 c 101 § 16.]
27.34.916
27.34.916 Effective date—1993 c 101. This act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 101 § 17.]
Chapter 27.40
Chapter 27.40 RCW
THOMAS BURKE MEMORIAL WASHINGTON
STATE MUSEUM OF UNIVERSITY
OF WASHINGTON
(Formerly: Museum of University of Washington)
Sections
27.40.010
27.40.030
27.40.034
27.40.036
27.40.040
Thomas Burke Memorial Washington State Museum constituted state natural history and anthropology museum.
Acceptance of materials from private sources.
Permanent acquisition of documents and materials on loan to
museum, procedure—Return of stolen documents and materials to owner.
Sale or trade of acquired documents or materials—Use of proceeds.
Management in board of regents.
27.40.010
27.40.010 Thomas Burke Memorial Washington
State Museum constituted state natural history and
anthropology museum. The Thomas Burke Memorial
Washington State Museum of the University of Washington
is hereby constituted the state natural history and anthropology museum as a repository for the preservation, exhibition,
interpretation, and conservation of documents and objects of
a systematic anthropological, geological, and zoological
[Title 27 RCW—page 23]
27.40.030
Title 27 RCW: Libraries, Museums, and Historical Activities
character for the state. [1985 c 29 § 1; 1899 c 30 § 1; RRS §
8255.]
Effective date—1985 c 29: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on June
30, 1985." [1985 c 29 § 3.]
27.40.030
27.40.030 Acceptance of materials from private
sources. This museum may receive all such above named
documents or material for preservation and exhibition from
any private person under such rules and regulations as the
board of regents of the University of Washington may deem
proper to make for the care of the aforesaid museum. [1899
c 30 § 3; RRS § 8257.]
27.40.034
27.40.034 Permanent acquisition of documents and
materials on loan to museum, procedure—Return of stolen documents and materials to owner. The board of
regents may provide, by rule or regulation, for:
(1) The permanent acquisition of documents or materials
on loan to the state museum at the University of Washington,
if the documents or materials have not been claimed by the
owner thereof within ninety days after notice is sent by certified mail, return receipt requested, to the owner at his last
known address by the board of regents and if the certified letter be returned because it could not be delivered to the
addressee, public notice shall be published by the University
of Washington once each week during two successive weeks
in a newspaper circulating in the city of Seattle and the
county of King describing the unclaimed documents or materials, giving the name of the reputed owner thereof and
requesting all persons who may have any knowledge of the
whereabouts of the owner to contact the office of the museum
of the University of Washington: PROVIDED HOWEVER,
That more than one item may be described in each of the
notices;
(2) The return to the rightful owner of documents or
materials in the possession of the museum, which documents
or materials are determined to have been stolen: PROVIDED, That any person claiming to be the rightful legal
owner of the documents or materials who wishes to challenge
the determination by the board shall have the right to commence a declaratory judgment action pursuant to chapter 7.24
RCW in the superior court for King county to determine the
validity of his claim of ownership to the documents or materials. [1985 c 469 § 13; 1975 1st ex.s. c 159 § 1.]
27.40.036
27.40.036 Sale or trade of acquired documents or
materials—Use of proceeds. Documents or materials
acquired under the provisions of RCW 27.40.034 may be
sold, or may be traded for other documents or materials. The
proceeds from the sale of any such documents or materials
may be used to acquire additional documents or materials or
may be used to defray the cost of operating the museum.
[1975 1st ex.s. c 159 § 2.]
27.40.040
27.40.040 Management in board of regents. The
board of regents of the University of Washington ex officio
shall have full charge and management of the state museum
hereby created. [1899 c 30 § 4; RRS § 8258.]
[Title 27 RCW—page 24]
Chapter 27.44
Chapter 27.44 RCW
INDIAN GRAVES AND RECORDS
Sections
27.44.020
27.44.030
27.44.040
27.44.050
27.44.900
27.44.901
Examination permitted—Removal to archaeological repository.
Intent.
Protection of Indian graves—Penalty.
Civil action by Indian tribe or member—Time for commencing action—Venue—Damages—Attorneys' fees.
Captions not law—1989 c 44.
Liberal construction—1989 c 44.
27.44.020
27.44.020 Examination permitted—Removal to
archaeological repository. Any archaeologist or interested
person may copy and examine such glyptic or painted records
or examine the surface of any such cairn or grave, but no such
record or archaeological material from any such cairn or
grave may be removed unless the same shall be destined for
reburial or perpetual preservation in a duly recognized
archaeological repository and permission for scientific
research and removal of specimens of such records and material has been granted by the state historic preservation officer.
Whenever a request for permission to remove records or
material is received, the state historic preservation officer
shall notify the affected Indian tribe or tribes. [1985 c 64 § 1;
1977 ex.s. c 169 § 6; 1941 c 216 § 2; Rem. Supp. 1941 §
3207-11.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
27.44.030
27.44.030 Intent. The legislature hereby declares that:
(1) Native Indian burial grounds and historic graves are
acknowledged to be a finite, irreplaceable, and nonrenewable
cultural resource, and are an intrinsic part of the cultural heritage of the people of Washington. The legislature recognizes
the value and importance of respecting all graves, and the
spiritual significance of such sites to the people of this state;
(2) There have been reports and incidents of deliberate
interference with native Indian and historic graves for profitmaking motives;
(3) There has been careless indifference in cases of accidental disturbance of sites, graves, and burial grounds;
(4) Indian burial sites, cairns, glyptic markings, and historic graves located on public and private land are to be protected and it is therefore the legislature's intent to encourage
voluntary reporting and respectful handling in cases of accidental disturbance and provide enhanced penalties for deliberate desecration. [1989 c 44 § 1.]
27.44.040
27.44.040 Protection of Indian graves—Penalty. (1)
Any person who knowingly removes, mutilates, defaces,
injures, or destroys any cairn or grave of any native Indian, or
any glyptic or painted record of any tribe or peoples is guilty
of a class C felony punishable under chapter 9A.20 RCW.
Persons disturbing native Indian graves through inadvertence, including disturbance through construction, mining,
logging, agricultural activity, or any other activity, shall reinter the human remains under the supervision of the appropriate Indian tribe. The expenses of reinterment are to be paid by
the office of archaeology and historic preservation pursuant
to RCW 27.34.220.
(2004 Ed.)
Preservation of Historical Materials
(2) Any person who sells any native Indian artifacts or
any human remains that are known to have been taken from
an Indian cairn or grave, is guilty of a class C felony punishable under chapter 9A.20 RCW.
(3) This section does not apply to:
(a) The possession or sale of native Indian artifacts discovered in or taken from locations other than native Indian
cairns or graves, or artifacts that were removed from cairns or
graves as may be authorized by RCW 27.53.060 or by other
than human action; or
(b) Actions taken in the performance of official law
enforcement duties.
(4) It shall be a complete defense in the prosecution
under this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or inadvertent and that reasonable efforts were made to preserve the
remains, glyptic, or painted records, or artifacts accidentally
disturbed or discovered, and that the accidental discovery or
disturbance was properly reported. [1989 c 44 § 2.]
27.48.040
27.44.900 Captions not law—1989 c 44. Section captions used in this act do not constitute any part of the law.
[1989 c 44 § 10.]
27.44.900
27.44.901 Liberal construction—1989 c 44. This act
is to be liberally construed to achieve the legislature's intent.
[1989 c 44 § 11.]
27.44.901
Chapter 27.48 RCW
PRESERVATION OF HISTORICAL MATERIALS
Chapter 27.48
Sections
27.48.010
27.48.040
27.48.050
Public purpose declared—Powers of counties and municipalities.
Capitol furnishings preservation committee—Capitol furnishings preservation committee account.
Fund-raising for preservation and restoration of the state legislative building.
Preservation and destruction of public records, state archivist: Chapter
40.14 RCW.
27.48.010
27.44.050
27.44.050 Civil action by Indian tribe or member—
Time for commencing action—Venue—Damages—
Attorneys' fees. (1) Apart from any criminal prosecution, an
Indian tribe or enrolled member thereof, shall have a civil
action to secure an injunction, damages, or other appropriate
relief against any person who is alleged to have violated
RCW 27.44.040. The action must be brought within two
years of the discovery of the violation by the plaintiff. The
action may be filed in the superior or tribal court of the
county in which the grave, cairn, remains, or artifacts are
located, or in the superior court of the county within which
the defendant resides.
(2) Any conviction pursuant to RCW 27.44.040 shall be
prima facia evidence in an action brought under this section.
(3) If the plaintiff prevails:
(a) The court may award reasonable attorneys' fees to the
plaintiff;
(b) The court may grant injunctive or such other equitable relief as is appropriate, including forfeiture of any artifacts or remains acquired or equipment used in the violation.
The court shall order the disposition of any items forfeited as
the court sees fit, including the reinterment of human
remains;
(c) The plaintiff shall recover imputed damages of five
hundred dollars or actual damages, whichever is greater.
Actual damages include special and general damages, which
include damages for emotional distress;
(d) The plaintiff may recover punitive damages upon
proof that the violation was willful. Punitive damages may be
recovered without proof of actual damages. All punitive damages shall be paid by the defendant to the office of archaeology and historic preservation for the purposes of Indian historic preservation and to cover the cost of reinterment
expenses by the office; and
(e) An award of imputed or punitive damages may be
made only once for a particular violation by a particular person, but shall not preclude the award of such damages based
on violations by other persons or on other violations.
(4) If the defendant prevails, the court may award reasonable attorneys' fees to the defendant. [1989 c 44 § 3.]
(2004 Ed.)
27.48.010 Public purpose declared—Powers of counties and municipalities. The storage, preservation and
exhibit of historical materials, including, but not restricted to,
books, maps, writings, newspapers, ancient articles, and tools
of handicraft, antiques, artifacts, and relics is declared to be a
public project carried on for public purpose and the legislative body of any county, city or town, may provide quarters
therefor within the territorial limits thereof and may provide
funds necessary for the proper operation of any such institution already in operation, or otherwise provide for the preservation of historical material covered by this chapter. [1957 c
47 § 1; 1949 c 160 § 1; Rem. Supp. 1949 § 8265-9.]
27.48.040
27.48.040 Capitol furnishings preservation committee—Capitol furnishings preservation committee
account. (1) Unless the context clearly requires otherwise,
the definitions in this section apply throughout this section.
(a) "State capitol group" includes the legislative building, the insurance building, the Cherberg building, the John
L. O'Brien building, the Newhouse building, and the temple
of justice building.
(b) "Historic furnishings" means furniture, fixtures, and
artwork fifty years of age or older.
(2) The capitol furnishings preservation committee is
established to promote and encourage the recovery and preservation of the original and historic furnishings of the state
capitol group, prevent future loss of historic furnishings, and
review and advise future remodeling and restoration projects
as they pertain to historic furnishings. The committee's
authority does not extend to the placement of any historic furnishings within the state capitol group.
(3) The capitol furnishings preservation committee
account is created in the custody of the state treasurer. All
receipts designated for the account from appropriations and
from other sources must be deposited into the account.
Expenditures from the account may be used only to finance
the activities of the capitol furnishings preservation committee. Only the director of the Washington state historical society or the director's designee may authorize expenditures
from the account when authorized to do so by the committee.
The account is subject to allotment procedures under chapter
[Title 27 RCW—page 25]
27.48.050
Title 27 RCW: Libraries, Museums, and Historical Activities
43.88 RCW, but an appropriation is not required for expenditures.
(4) The committee may:
(a) Authorize the director of the Washington state historical society or the director's designee to expend funds from
the capitol furnishings preservation committee account for
limited purposes of purchasing and preserving historic furnishings of the state capitol group;
(b) Accept monetary donations, grants, and donations of
historic furnishings from, but not limited to, (i) current and
former legislators, state officials, and lobbyists; (ii) the families of former legislators, state officials, and lobbyists; and
(iii) the general public. Moneys received under this section
must be deposited in the capitol furnishings preservation
committee account; and
(c) Engage in or encourage fund-raising activities
including the solicitation of charitable gifts, grants, or donations specifically for the limited purpose of the recovery of
the original and historic furnishings.
(5) The membership of the committee shall include:
Two members of the house of representatives, one from each
major caucus, appointed by the speaker of the house of representatives; two members of the senate, one from each major
caucus, appointed by the president of the senate; the chief
clerk of the house of representatives; the secretary of the senate; the governor or the governor's designee; the lieutenant
governor or the lieutenant governor's designee; a representative from the office of the secretary of state, the office of the
state treasurer, the office of the state auditor, and the office of
the insurance commissioner; a representative from the
supreme court; a representative from the Washington state
historical society, the department of general administration,
and the Thurston county planning council, each appointed by
the governor; and three private citizens, appointed by the
governor.
(6) Original or historic furnishings from the state capitol
group are not surplus property under chapter 43.19 RCW or
other authority unless designated as such by the committee.
[1999 c 343 § 2.]
Findings—Purpose—1999 c 343: "The legislature finds that those historic furnishings that illustrate the history of the state of Washington should
be maintained and preserved for the use and benefit of the people of the state.
It is the purpose of this act to establish the capitol furnishings preservation
committee to increase the awareness of the public and state employees about
the significance of the furnishings within the state capitol campus buildings
as envisioned by the original architects Wilder and White." [1999 c 343 § 1.]
27.48.050
27.48.050 Fund-raising for preservation and restoration of the state legislative building. State officers and state
employees, as those terms are defined in RCW 42.52.010,
may engage in or encourage fund-raising activities including
the solicitation of charitable gifts, grants, or donations specifically for the limited purpose of preservation and restoration
of the state legislative building and related educational exhibits and programs. [2002 c 167 § 2.]
Findings—2002 c 167: "The legislature finds that the Washington state
legislative building is an architecturally significant and irreplaceable building worthy of rehabilitation and enhancement. Not only is it a magnificent
building, but it also reflects the essence of self-government and democracy
in the state of Washington.
The legislature further finds that the state legislative building is an
important asset to the citizens of Washington state, allowing them to learn
about state government, to research and track legislative activity, to meet
[Title 27 RCW—page 26]
with state officials, and to participate in government.
The legislature further finds that a combination of public funds and private donations can involve the citizens of Washington state in the building's
rehabilitation and enhancement by engaging the public in the preservation of
the state legislative building and raising private funds for restoration and
educational efforts." [2002 c 167 § 1.]
Effective date—2002 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 27, 2002]." [2002 c 167 § 4.]
Chapter 27.53 RCW
ARCHAEOLOGICAL SITES AND RESOURCES
Chapter 27.53
Sections
27.53.010
27.53.020
27.53.030
27.53.040
27.53.045
27.53.060
27.53.070
27.53.080
27.53.090
27.53.095
27.53.100
27.53.110
27.53.120
27.53.130
27.53.140
27.53.150
27.53.900
27.53.901
Declaration.
Archaeological resource preservation—Designation of office
of archaeology and historic preservation—Cooperation
among agencies.
Definitions.
Archaeological resources—Declaration.
Abandoned archaeological resources—Declaration.
Disturbing archaeological resource or site—Permit required—
Conditions—Exceptions—Penalty.
Field investigations—Communication of site or resource location to research center.
Archaeological activities upon public lands—Entry—Agreement—Approval of activities—Information regarding
results of studies and activities.
Violations—Penalty.
Knowing and willful failure to obtain or comply with permit—
Penalties.
Historic archaeological resources on state-owned aquatic
lands—Discovery and report—Right of first refusal.
Contracts for discovery and salvage of state-owned historic
archaeological resources.
Recovery of property from historic archaeological sites—Mitigation of damage—Refusal to issue salvage permit to prevent destruction of resource.
List of areas requiring permits.
Rule-making authority.
Proceeds from state's property—Deposit and use.
Severability—1975 1st ex.s. c 134.
Severability—1988 c 124.
Office of archaeology and historic preservation: RCW 27.34.200 through
27.34.240.
27.53.010 Declaration. The legislature hereby declares
that the public has an interest in the conservation, preservation, and protection of the state's archaeological resources,
and the knowledge to be derived and gained from the scientific study of these resources. [1975 1st ex.s. c 134 § 1.]
27.53.010
27.53.020 Archaeological resource preservation—
Designation of office of archaeology and historic preservation—Cooperation among agencies. The discovery,
identification, excavation, and study of the state's archaeological resources, the providing of information on archaeological sites for their nomination to the state and national registers of historic places, the maintaining of a complete inventory of archaeological sites and collections, and the providing
of information to state, federal, and private construction
agencies regarding the possible impact of construction activities on the state's archaeological resources, are proper public
functions; and the office of archaeology and historic preservation, created under the authority of chapter 39.34 RCW, is
hereby designated as an appropriate agency to carry out these
functions. The director, in consultation with the office of
archaeology and historic preservation, shall provide guidelines for the selection of depositories designated by the state
27.53.020
(2004 Ed.)
Archaeological Sites and Resources
for archaeological resources. The legislature directs that there
shall be full cooperation amongst the department, the office
of archaeology and historic preservation, and other agencies
of the state. [2002 c 211 § 2; 1986 c 266 § 16; 1977 ex.s. c
195 § 12; 1975-'76 2nd ex.s. c 82 § 1; 1975 1st ex.s. c 134 §
2.]
Purpose—2002 c 211: "The purpose of this act is to give the department of community, trade, and economic development the authority to issue
civil penalties to enforce the provisions of permits issued under RCW
27.53.060 and to take into consideration prior penalties issued under chapter
27.53 RCW and under comparable federal laws when issuing permits. Additionally, this act provides guidance to state agencies and political subdivisions of the state when approving archaeological activities on public lands."
[2002 c 211 § 1.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 195: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 195 § 20.]
27.53.030
27.53.030 Definitions. Unless the context clearly
requires otherwise, the definitions contained in this section
shall apply throughout this chapter.
(1) "Archaeology" means systematic, scientific study of
man's past through material remains.
(2) "Archaeological object" means an object that comprises the physical evidence of an indigenous and subsequent
culture including material remains of past human life including monuments, symbols, tools, facilities, and technological
by-products.
(3) "Archaeological site" means a geographic locality in
Washington, including but not limited to, submerged and
submersible lands and the bed of the sea within the state's
jurisdiction, that contains archaeological objects.
(4) "Department" means the department of community,
trade, and economic development.
(5) "Director" means the director of community, trade,
and economic development or the director's designee.
(6) "Historic" means peoples and cultures who are
known through written documents in their own or other languages. As applied to underwater archaeological resources,
the term historic shall include only those properties which are
listed in or eligible for listing in the Washington State Register of Historic Places (RCW 27.34.220) or the National Register of Historic Places as defined in the National Historic
Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter
amended.
(7) "Prehistoric" means peoples and cultures who are
unknown through contemporaneous written documents in
any language.
(8) "Professional archaeologist" means a person who has
met the educational, training, and experience requirements of
the society of professional archaeologists.
(9) "Qualified archaeologist" means a person who has
had formal training and/or experience in archaeology over a
period of at least three years, and has been certified in writing
to be a qualified archaeologist by two professional archaeologists.
(10) "Amateur society" means any organization composed primarily of persons who are not professional archaeologists, whose primary interest is in the archaeological
(2004 Ed.)
27.53.045
resources of the state, and which has been certified in writing
by two professional archaeologists.
(11) "Historic archaeological resources" means those
properties which are listed in or eligible for listing in the
Washington State Register of Historic Places (RCW
27.34.220) or the National Register of Historic Places as
defined in the National Historic Preservation Act of 1966
(Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C.
Sec. 470) as now or hereafter amended. [1995 c 399 § 16;
1989 c 44 § 6; 1988 c 124 § 2; 1986 c 266 § 17; 1983 c 91 §
20; 1977 ex.s. c 195 § 13; 1975 1st ex.s. c 134 § 3.]
Intent—1989 c 44: See RCW 27.44.030.
Captions not law—Liberal construction—1989 c 44: See RCW
27.44.900 and 27.44.901.
Intent—1988 c 124: "It is the intent of the legislature that those historic
archaeological resources located on state-owned aquatic lands that are of
importance to the history of our state, or its communities, be protected for the
people of the state. At the same time, the legislature also recognizes that
divers have long enjoyed the recreation of diving near shipwrecks and picking up artifacts from the state-owned aquatic lands, and it is not the intent of
the legislature to regulate these occasional, recreational activities except in
areas where necessary to protect underwater historic archaeological sites.
The legislature also recognizes that salvors who invest in a project to salvage
underwater archaeological resources on state-owned aquatic lands should be
required to obtain a state permit for their operation in order to protect the
interest of the people of the state, as well as to protect the interest of the salvors who have invested considerable time and money in the salvage expedition." [1988 c 124 § 1.]
Application—1988 c 124: "This act shall not affect any ongoing salvage effort in which the state has entered into separate contracts or agreements prior to March 18, 1988." [1988 c 124 § 13.]
Severability—1986 c 266: See note following RCW 38.52.005.
Effective date—1983 c 91: See RCW 27.34.910.
Severability—1977 ex.s. c 195: See note following RCW 27.53.020.
27.53.040
27.53.040 Archaeological resources—Declaration.
All sites, objects, structures, artifacts, implements, and locations of prehistorical or archaeological interest, whether previously recorded or still unrecognized, including, but not limited to, those pertaining to prehistoric and historic American
Indian or aboriginal burials, campsites, dwellings, and habitation sites, including rock shelters and caves, their artifacts
and implements of culture such as projectile points, arrowheads, skeletal remains, grave goods, basketry, pestles, mauls
and grinding stones, knives, scrapers, rock carvings and
paintings, and other implements and artifacts of any material
that are located in, on, or under the surface of any lands or
waters owned by or under the possession, custody, or control
of the state of Washington or any county, city, or political
subdivision of the state are hereby declared to be archaeological resources. [1975 1st ex.s. c 134 § 4.]
27.53.045
27.53.045 Abandoned archaeological resources—
Declaration. All historic archaeological resources abandoned for thirty years or more in, on, or under the surface of
any public lands or waters owned by or under the possession,
custody, or control of the state of Washington, including, but
not limited to all ships, or aircraft, and any part or the contents thereof, and all treasure trove is hereby declared to be
the property of the state of Washington. [1988 c 124 § 3.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
[Title 27 RCW—page 27]
27.53.060
Title 27 RCW: Libraries, Museums, and Historical Activities
27.53.060 Disturbing archaeological resource or
site—Permit required—Conditions—Exceptions—Penalty. (1) On the private and public lands of this state it shall
be unlawful for any person, firm, corporation, or any agency
or institution of the state or a political subdivision thereof to
knowingly remove, alter, dig into, or excavate by use of any
mechanical, hydraulic, or other means, or to damage, deface,
or destroy any historic or prehistoric archaeological resource
or site, or remove any archaeological object from such site,
except for Indian graves or cairns, or any glyptic or painted
record of any tribe or peoples, or historic graves as defined in
chapter 68.05 RCW, disturbances of which shall be a class C
felony punishable under chapter 9A.20 RCW, without having
obtained a written permit from the director for such activities.
(2) The director must obtain the consent of the private or
public property owner or agency responsible for the management thereof, prior to issuance of the permit. The property
owner or agency responsible for the management of such
land may condition its consent on the execution of a separate
agreement, lease, or other real property conveyance with the
applicant as may be necessary to carry out the legal rights or
duties of the public property landowner or agency.
(3) The director, in consultation with the affected tribes,
shall develop guidelines for the issuance and processing of
permits.
(4) Such written permit and any agreement or lease or
other conveyance required by any public property owner or
agency responsible for management of such land shall be
physically present while any such activity is being conducted.
(5) The provisions of this section shall not apply to the
removal of artifacts found exposed on the surface of the
ground which are not historic archaeological resources or
sites.
(6) When determining whether to grant or condition a
permit, the director may give great weight to the final record
of previous civil or criminal penalties against either the applicant, the parties responsible for conducting the work, or the
parties responsible for carrying out the terms and conditions
of the permit, either under this chapter or under comparable
federal laws. If the director denies a permit, the applicant may
request a hearing as provided for in chapter 34.05 RCW.
[2002 c 211 § 3; 1989 c 44 § 7; 1988 c 124 § 4; 1986 c 266 §
18; 1977 ex.s. c 195 § 14; 1975-'76 2nd ex.s. c 82 § 2; 1975
1st ex.s. c 134 § 6.]
27.53.060
Purpose—2002 c 211: See note following RCW 27.53.020.
Intent—1989 c 44: See RCW 27.44.030.
Captions not law—Liberal construction—1989 c 44: See RCW
27.44.900 and 27.44.901.
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 195: See note following RCW 27.53.020.
27.53.070
27.53.070 Field investigations—Communication of
site or resource location to research center. It is the
declared intention of the legislature that field investigations
on privately owned lands should be discouraged except in
accordance with both the provisions and spirit of this chapter
and persons having knowledge of the location of archaeological sites or resources are encouraged to communicate such
information to the Washington archaeological research cen[Title 27 RCW—page 28]
ter. Such information shall not constitute a public record
which requires disclosure pursuant to the exception authorized in RCW 42.17.310, as now or hereafter amended, to
avoid site depredation. [1975-'76 2nd ex.s. c 82 § 3; 1975 1st
ex.s. c 134 § 7.]
27.53.080
27.53.080 Archaeological activities upon public
lands—Entry—Agreement—Approval of activities—
Information regarding results of studies and activities.
(1) Qualified or professional archaeologists, in performance
of their duties, may enter upon public lands of the state of
Washington and its political subdivisions after first notifying
the entity responsible for managing those public lands, at
such times and in such manner as not to interfere with the
normal management thereof, for the purposes of doing
archaeological resource location and evaluation studies,
including site sampling activities. The results of such studies
shall be provided to the state agency or political subdivision
responsible for such lands and the office of archaeology and
historic preservation and are confidential unless the director,
in writing, declares otherwise. Scientific excavations are to
be carried out only after appropriate agreement has been
made between a professional archaeologist or an institution
of higher education and the agency or political subdivision
responsible for such lands. A copy of such agreement shall be
filed with the office of archaeology and historic preservation
and by them to the department.
(2) Amateur societies may engage in such activities by
submitting and having approved by the responsible agency or
political subdivision a written proposal detailing the scope
and duration of the activity. Before approval, a proposal from
an amateur society shall be submitted to the office of archaeology and historic preservation for review and recommendation. The approving agency or political subdivision shall
impose conditions on the scope and duration of the proposed
activity necessary to protect the archaeological resources and
ensure compliance with applicable federal, state, and local
laws. The findings and results of activities authorized under
this section shall be made known to the approving agency or
political subdivision approving the activities and to the office
of archaeology and historic preservation. [2002 c 211 § 5;
1986 c 266 § 19; 1977 ex.s. c 195 § 15; 1975 1st ex.s. c 134 §
8.]
Purpose—2002 c 211: See note following RCW 27.53.020.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 195: See note following RCW 27.53.020.
27.53.090
27.53.090 Violations—Penalty. Any person, firm, or
corporation violating any of the provisions of this chapter
shall be guilty of a misdemeanor. Each day of continued violation of any provision of this chapter shall constitute a distinct and separate offense. Offenses shall be reported to the
appropriate law enforcement agency or to the director. [1986
c 266 § 20; 1977 ex.s. c 195 § 16; 1975-'76 2nd ex.s. c 82 § 4;
1975 1st ex.s. c 134 § 9.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 195: See note following RCW 27.53.020.
27.53.095
27.53.095 Knowing and willful failure to obtain or
comply with permit—Penalties. (1) Persons found to have
(2004 Ed.)
Archaeological Sites and Resources
violated this chapter, either by a knowing and willful failure
to obtain a permit where required under RCW 27.53.060 or
by a knowing and willful failure to comply with the provisions of a permit issued by the director where required under
RCW 27.53.060, in addition to other remedies as provided
for by law, may be subject to one or more of the following:
(a) Reasonable investigative costs incurred by a mutually agreed upon independent professional archaeologist
investigating the alleged violation;
(b) Reasonable site restoration costs; and
(c) Civil penalties, as determined by the director, in an
amount of not more than five thousand dollars per violation.
(2) Any person incurring the penalty may file an application for an adjudicative proceeding and may pursue subsequent review as provided in chapter 34.05 RCW and applicable rules of the department of community, trade, and economic development.
(3) Any penalty imposed by final order following an
adjudicative proceeding becomes due and payable upon service of the final order.
(4) The attorney general may bring an action in the name
of the department in the superior court of Thurston county or
of any county in which the violator may do business to collect
any penalty imposed under this chapter and to enforce subsection (5) of this section.
(5) Any and all artifacts in possession of a violator shall
become the property of the state until proper identification of
artifact ownership may be determined by the director.
(6) Penalties overturned on appeal entitle the appealing
party to fees and other expenses, including reasonable attorneys' fees, as provided in RCW 4.84.350. [2002 c 211 § 4.]
Purpose—2002 c 211: See note following RCW 27.53.020.
27.53.100
27.53.100 Historic archaeological resources on stateowned aquatic lands—Discovery and report—Right of
first refusal. Persons, firms, corporations, institutions, or
agencies which discover a previously unreported historic
archaeological resource on state-owned aquatic lands and
report the site or location of such resource to the department
shall have a right of first refusal to future salvage permits
granted for the recovery of that resource, subject to the provisions of RCW 27.53.110. Such right of first refusal shall exist
for five years from the date of the report. Should another person, firm, corporation, institution, or agency apply for a permit to salvage that resource, the reporting entity shall have
sixty days to submit its own permit application and exercise
its first refusal right, or the right shall be extinguished. [1988
c 124 § 5.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.110
27.53.110 Contracts for discovery and salvage of
state-owned historic archaeological resources. The director is hereby authorized to enter into contracts with other state
agencies or institutions and with qualified private institutions, persons, firms, or corporations for the discovery and
salvage of state-owned historic archaeological resources.
Such contracts shall include but are not limited to the following terms and conditions:
(1) Historic shipwrecks:
(2004 Ed.)
27.53.120
(a) The contract shall provide for fair compensation to a
salvor. "Fair compensation" means an amount not less than
ninety percent of the appraised value of the objects recovered
following successful completion of the contract.
(b) The salvor may retain objects with a value of up to
ninety percent of the appraised value of the total objects
recovered, or cash, or a combination of objects and cash. In
no event may the total of objects and cash exceed ninety percent of the total appraised value of the objects recovered. A
salvor shall not be entitled to further compensation from any
state sources.
(c) The contract shall provide that the state will be given
first choice of which objects it may wish to retain for display
purposes for the people of the state from among all the
objects recovered. The state may retain objects with a value
of up to ten percent of the appraised value of the total objects
recovered. If the state chooses not to retain recovered objects
with a value of up to ten percent of the appraised value, the
state shall be entitled to receive its share in cash or a combination of recovered objects and cash so long as the state's
total share does not exceed ten percent of the appraised value
of the objects recovered.
(d) The contract shall provide that both the state and the
salvor shall have the right to select a single appraiser or joint
appraisers.
(e) The contract shall also provide that title to the objects
shall pass to the salvor when the permit is issued. However,
should the salvor fail to fully perform under the terms of the
contract, title to all objects recovered shall revert to the state.
(2) Historic aircraft:
(a) The contract shall provide that historic aircraft
belonging to the state of Washington may only be recovered
if the purpose of that salvage operation is to recover the aircraft for a museum, historical society, nonprofit organization,
or governmental entity.
(b) Title to the aircraft may only be passed by the state to
one of the entities listed in (a) of this subsection.
(c) Compensation to the salvor shall only be derived
from the sale or exchange of the aircraft to one of the entities
listed in (a) of this subsection or such other compensation as
one of the entities listed in (a) of this subsection and the salvor may arrange. The salvor shall not have a claim to compensation from state funds.
(3) Other historic archaeological resources: The director, in his or her discretion, may negotiate the terms of such
contracts. [1988 c 124 § 6.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.120
27.53.120 Recovery of property from historic
archaeological sites—Mitigation of damage—Refusal to
issue salvage permit to prevent destruction of resource.
The salvor shall agree to mitigate any archaeological damage
which occurs during the salvage operation. The department
shall have access to all property recovered from historic
archaeological sites for purposes of scholarly research and
photographic documentation for a period to be agreed upon
by the parties following completion of the salvage operation.
The department shall also have the right to publish scientific
papers concerning the results of all research conducted as
project mitigation.
[Title 27 RCW—page 29]
27.53.130
Title 27 RCW: Libraries, Museums, and Historical Activities
The director has the right to refuse to issue a permit for
salvaging an historic archaeological resource if that resource
would be destroyed beyond mitigation by the proposed salvage operation. Any agency, institution, person, firm, or corporation which has been denied a permit because the resource
would be destroyed beyond mitigation by their method of salvage shall have a right of first refusal for that permit at a
future date should technology be found which would make
salvage possible without destroying the resource. Such right
of first refusal shall be in effect for sixty days after the director has determined that salvage can be accomplished by a
subsequent applicant without destroying the resource.
No person, firm, or corporation may conduct such salvage or recovery operation herein described without first
obtaining such contract. [1988 c 124 § 7.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.130
27.53.130 List of areas requiring permits. The department shall publish annually and update as necessary a list of
those areas where permits are required to protect historic
archaeological sites on aquatic lands. [1995 c 399 § 17; 1988
c 124 § 10.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.140
27.53.140 Rule-making authority. The department
shall have such rule-making authority as is necessary to carry
out the provisions of this chapter. [1995 c 399 § 18; 1988 c
124 § 11.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.150
27.53.150 Proceeds from state's property—Deposit
and use. Any proceeds from the state's share of property
under this chapter shall be transmitted to the state treasurer
for deposit in the general fund to be used only for the purposes of historic preservation and underwater archaeology.
[1988 c 124 § 12.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.900
27.53.900 Severability—1975 1st ex.s. c 134. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 134 § 10.]
27.53.901
27.53.901 Severability—1988 c 124. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1988 c 124 § 14.]
[Title 27 RCW—page 30]
(2004 Ed.)
Title 28A
Chapters
28A.150
28A.155
28A.160
28A.165
28A.170
28A.175
28A.180
28A.185
28A.190
28A.193
28A.195
28A.200
28A.205
28A.208
28A.210
28A.215
28A.220
28A.225
28A.230
28A.235
28A.300
28A.305
28A.310
28A.315
28A.320
28A.323
28A.325
28A.330
28A.335
28A.340
28A.343
28A.345
28A.350
28A.400
28A.405
28A.410
28A.415
28A.500
28A.505
28A.510
28A.515
28A.520
28A.525
28A.530
28A.535
28A.540
28A.545
28A.600
28A.605
28A.620
28A.623
28A.625
28A.630
(2004 Ed.)
Title 28A
COMMON SCHOOL PROVISIONS
28A.635
General provisions.
Special education.
Student transportation.
Learning assistance program.
Substance abuse awareness program.
Dropout prevention and retrieval program.
Transitional bilingual instruction program.
Highly capable students.
Residential education programs.
Education programs for juvenile inmates.
Private schools.
Home-based instruction.
Education centers.
Charter schools.
Health—Screening and requirements.
Early childhood, preschools, and before-andafter school care.
Traffic safety.
Compulsory school attendance and admission.
Compulsory course work and activities.
Food services.
Superintendent of public instruction.
State board of education.
Educational service districts.
Organization and reorganization of school districts.
Provisions applicable to all districts.
Joint school districts—School districts in two
or more educational service districts.
Associated student bodies.
Provisions applicable to school districts.
School districts' property.
Small high school cooperative projects.
School director districts.
Washington state school directors' association.
School district warrants—Auditor's duties.
Employees.
Certificated employees.
Certification.
Institutes, workshops, and training.
Local effort assistance.
School districts' budgets.
Apportionment to district—District accounting.
Common school construction fund.
Forest reserve funds distribution.
Bond issues.
District bonds for land, buildings, and equipment.
Validating indebtedness.
Capital fund aid by nonhigh school districts.
Payment to high school districts.
Students.
Parent access.
Community education programs.
Meal programs.
Awards.
Temporary provisions—Special projects.
Offenses relating to school property and personnel.
28A.640 Sexual equality.
28A.645 Appeals from board.
28A.650 Education technology.
28A.655 Academic achievement and accountability.
28A.660 Alternative route teacher certification.
28A.690 Agreement on qualifications of personnel.
28A.900 Construction.
Actions against school districts: RCW 4.08.120.
Actions by school district in corporate name: RCW 4.08.110.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
Armories, use of by school children: RCW 38.20.010.
Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3).
Bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
Blind, school for: Chapter 72.40 RCW.
Blind made products, purchase of authorized: RCW 19.06.020.
Bomb threats, penalty: RCW 9.61.160.
Bond issues
declaratory judgments: Chapter 7.25 RCW.
general provisions applicable to
declaratory judgments: Chapter 7.25 RCW.
facsimile signatures, legal sufficiency: RCW 39.44.100.
interest, payment of: RCW 39.44.120.
maturity of bonds: RCW 39.44.070.
registered bonds, statements and signatures: RCW 39.44.102.
registration of bonds, coupon interest payments: RCW 39.44.120.
registration of bonds, designation of fiscal agent to register bonds, fee:
RCW 39.44.130.
mutual savings banks, authorized investment for: RCW 32.20.070,
32.20.090.
refunding bond issues, bankruptcy readjustment and relief from debts:
Chapter 39.64 RCW.
registration of bonds, principal payable to payee or assignee: RCW
39.44.110.
savings and loan associations, investment in: RCW 33.24.050 through
33.24.070.
United States, sale of bonds to at private sale: Chapter 39.48 RCW.
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
Buildings, earthquake standards for construction: RCW 70.86.020,
70.86.030.
Cities and towns operating generating utilities in another county
notice of loss: RCW 35.21.426.
payment formulas: RCW 35.21.427.
reimbursement: RCW 35.21.425.
Clerk of districts, agent to receive summons: RCW 4.28.080.
Common schools
general and uniform system to be established: State Constitution Art. 9 §
2.
special legislation affecting prohibited: State Constitution Art. 2 § 28.
superintendent of public instruction to supervise: State Constitution Art.
3 § 22.
Condemnation: Chapter 8.16 RCW.
Contracts made in violation of indebtedness limitations void: RCW
39.36.040.
Conveyance of real property by public bodies—Recording: RCW 65.08.095.
Crimes relating to
[Title 28A RCW—page 1]
Title 28A
Title 28A RCW: Common School Provisions
bomb threats to: RCW 9.61.160.
discrimination to deny public accommodations because of race, color or
creed: RCW 9.91.010.
generally: Chapter 28A.635 RCW.
school buses
design, marking of, mode of operation, regulations for, violating: RCW
46.61.380.
stopped, failure to stop on approaching: RCW 46.61.370.
Deaf, mute, or blind youth in districts, clerks of school districts to make
report of: RCW 72.40.060.
Debts, authority to contract: State Constitution Art. 8 § 6 (Amendment 27).
Declaratory judgments, bond issues: Chapter 7.25 RCW.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
Discrimination to deny public accommodations because of race, color or
creed, penalty: RCW 9.91.010.
Displaced homemaker act: Chapter 28B.04 RCW.
Diverse cultures and languages encouraged—State policy: RCW 1.20.100.
Drivers' training schools, generally: Chapter 46.82 RCW.
Earthquake standards for construction: RCW 70.86.020, 70.86.030.
Education: State Constitution Art. 9.
Educational employment relations act: Chapter 41.59 RCW.
Educational facilities and programs for state schools for the deaf and blind:
RCW 72.40.028.
Educational service districts
deaf, mute, blind youth, reports of: RCW 72.40.070, 72.40.080.
teachers' retirement system, employer reports: RCW 41.50.230.
Elections
expenses of consolidated elections, sharing of costs: RCW 29A.04.410.
polling places, availability of county, municipality, or special district
facilities as polling places: RCW 29A.16.120.
times for holding, in all other counties: RCW 29A.04.330.
Elementary or secondary school activities, admission tax exclusion: RCW
36.38.010.
Eminent domain by school districts: Chapter 8.16 RCW.
Employees, qualifications to hold school office: RCW 42.04.020.
Enrollment forecasts: RCW 43.62.050.
Escheats
bank dividends unclaimed after liquidation and winding up escheat to permanent school fund: RCW 30.44.150, 30.44.180.
estate escheats for support of schools: RCW 11.08.160.
permanent school fund, deposited in: RCW 11.08.160.
trust company dividends unclaimed after liquidation and winding up:
RCW 30.44.150, 30.44.180.
Establishment and maintenance of schools guaranteed: State Constitution
Art. 26 § 4.
Fiscal year defined: RCW 1.16.030.
Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4.
Funds
apportionment by special act forbidden: State Constitution Art. 2 § 28(7).
county school fund, stock on highway, limitations, proceeds of sale to
county school fund: RCW 16.24.070.
general school fund, school patrol uniforms, traffic signs and signals,
insurance for, may be paid from: RCW 46.61.385.
permanent common school fund
applied exclusively to common schools: State Constitution Art. 9 § 2.
apportionment by special act forbidden: State Constitution Art. 2 §
28(7).
banks and trust companies, liquidation and winding up
dividends unclaimed deposited in: RCW 30.44.150, 30.44.180.
personal property, proceeds deposited in: RCW 30.44.220.
enlargement of, legislature may provide: State Constitution Art. 9 § 3.
escheated estates deposited in: RCW 11.08.160.
game and game fish lands, payments to in lieu of property taxes: RCW
77.12.201.
game and game fish lands, withdrawn from lease, payment of amount of
lease into: RCW 77.12.360.
[Title 28A RCW—page 2]
income from, to be applied to common schools: State Constitution Art.
9 § 2.
interest in deposited in current state school fund, used for current
expenses: State Constitution Art. 9 § 3.
investment generally: State Constitution Art. 16 § 5.
losses occasioned by default, fraud, etc., to become permanent debt
against state: State Constitution Art. 9 § 5.
permanent and irreducible: State Constitution Art. 9 § 3.
safe deposit box contents, unclaimed after liquidation and winding up of
bank or trust company, proceeds from sale deposited in: RCW
30.44.220.
sources of: State Constitution Art. 9 § 3.
state land
acquired, lease and sale of, disposition of proceeds: RCW 79.10.030.
withdrawn for game purposes, payment of amount of lease into: RCW
77.12.360.
school fund, fines and forfeitures paid into: RCW 4.24.180.
Garnishment: Chapter 6.27 RCW.
Hearing, reports of deaf, mute, or blind youths in districts: RCW 72.40.060.
High school athletic eligibility, penalty for violating: RCW 67.04.140.
High schools included in public school system: State Constitution Art. 9 § 2.
Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180.
Indebtedness
authority to contract: State Constitution Art. 8 § 6 (Amendment 27).
bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
computation of indebtedness: RCW 39.36.030.
exceeding limitations upon, capital outlays: State Constitution Art. 8 § 6
(Amendment 27).
limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW
84.52.050.
limitations upon
contracts made in violation of void: RCW 39.36.040.
definitions: RCW 39.36.010.
exceeding limitations, capital outlays: RCW 39.36.020.
liabilities incurred in violation void: RCW 39.36.040.
limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27),
RCW 39.36.020.
Intoxicating liquor, retail licenses, proximity limitations: RCW 66.24.010.
Labor relations consultants: RCW 43.09.230.
Lands
adverse possession against: RCW 7.28.090.
defined: RCW 79.02.010.
eminent domain
by cities against: RCW 8.12.030.
by corporations, service of notice: RCW 8.20.020.
by railroads and canal companies against: RCW 81.36.010.
by school districts: Chapter 8.16 RCW.
by state, service of notice: RCW 8.04.020.
parks and recreation commission, relinquishment of control over school
lands: RCW 79A.05.175.
sale of
educational lands, board of natural resources to fix value: RCW
79.11.080.
generally: State Constitution Art. 16 §§ 2-4.
school district purchases of, maximum and minimum areas, preference
right to purchase: RCW 79.11.010.
sale or lease of land and valuable materials, supervision and control of
natural resources department over: RCW 79.11.020.
state lands, included in: RCW 79.02.010.
state parks and recreation, relinquishment of control over state lands:
RCW 79A.05.175.
Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3).
Libraries, contracts for library service: RCW 27.12.180.
Medical schools, requisites for accreditation and approval: RCW
18.71.055.
Meetings, minutes of governmental bodies: Chapter 42.32 RCW.
Motor vehicles, speed regulations when passing public school or playground
cross walk: RCW 46.61.440.
Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4.
Parental responsibility for handicapped children: Chapter 26.40 RCW.
(2004 Ed.)
General Provisions
Chapter 28A.150
Parental schools
general powers: RCW 72.05.300.
personnel: RCW 72.05.310.
Technical schools, included in public school system: State Constitution Art.
9 § 2.
Parks and recreation
authority to acquire and operate: RCW 67.20.010.
parks, beaches and camps, authority generally: Chapter 67.20 RCW.
Transportation
school buses
crossing arms: RCW 46.37.620.
defined for motor vehicle law: RCW 46.04.521.
design, marking and mode of operation, motor vehicle regulations:
RCW 46.61.380.
highway-railroad grade crossings, to stop at: RCW 46.61.350.
lighting and safety devices: RCW 46.37.290.
seat and load capacity fees, exempt from: RCW 46.16.150.
signal lamps, displaying alternately flashing red lights, to have: RCW
46.37.190.
special lighting equipment on: RCW 46.37.290.
stop signals and flasher signal lamps: RCW 46.61.370(1).
stopped school bus, vehicle must stop on approaching: RCW
46.61.370(1).
vehicle license and plates, inspection requisite: RCW 46.16.020.
special warning equipment and lighting regulated by the Washington state
patrol: RCW 46.37.290.
Periodicals, purchase of, manner of payment: RCW 42.24.035.
Port and other district dissolution, disposal of funds: RCW 53.48.050,
53.49.010, 53.49.020.
Printing
contracts for outside state work, labor requirements: RCW 43.78.150.
must be done within state, exception: RCW 43.78.130, 43.78.140.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public employment—Evidence of educational competence: RCW 41.04.015.
Public lands: Title 79 RCW.
Public libraries: Chapter 27.12 RCW.
Public school system, what included in: State Constitution Art. 9 § 2.
Public utility districts and operating agencies
construction projects causing burden to school districts, reimbursement of
districts: Chapter 54.36 RCW.
privilege tax for school districts: RCW 54.28.080, 54.28.090.
Pupils, residence or absence does not affect right to vote: State Constitution
Art. 6 § 4.
Purchases, periodicals, postage, manner of payment: RCW 42.24.035.
Traffic school of city or town and county: Chapter 46.83 RCW.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Year, fiscal year defined: RCW 1.16.030.
Chapter 28A.150
Religion, control of schools by, free from: State Constitution Art. 9 § 4, Art.
26 § 4.
Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050.
School directors' association to furnish information to legislature and governor: RCW 44.04.170.
School districts
clerks
agent to receive service of summons: RCW 4.28.080.
deaf, mute, or blind youth in district, report of: RCW 72.40.060.
contracts, indebtedness limitations, contracts made in violation of void:
RCW 39.36.040.
fiscal year defined: RCW 1.16.030.
indebtedness
computation of indebtedness: RCW 39.36.030.
exceeding limitations upon, capital outlays: State Constitution Art. 8 §
6 (Amendment 27).
limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW
84.52.050.
limitations upon
contracts made in violation of void: RCW 39.36.040.
definitions: RCW 39.36.010.
exceeding limitations, capital outlays: RCW 39.36.020.
liabilities incurred in violation void: RCW 39.36.040.
limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27),
RCW 39.36.020.
printing must be done within state: RCW 43.78.130.
service of summons to, personal service: RCW 4.28.080.
teachers' retirement system, employer reports: RCW 41.50.230.
School patrol: RCW 46.61.385.
Sectarian control, free from: State Constitution Art. 9 § 4.
State otologists, duties of: RCW 70.50.010, 70.50.020.
State school for blind: Chapter 72.40 RCW.
Sections
28A.150.010
28A.150.020
28A.150.030
28A.150.040
28A.150.050
28A.150.060
28A.150.070
28A.150.080
28A.150.100
28A.150.200
28A.150.205
28A.150.210
28A.150.211
28A.150.220
28A.150.230
28A.150.240
28A.150.250
28A.150.260
28A.150.270
28A.150.275
State school for deaf: Chapter 72.40 RCW.
28A.150.280
State toxicological laboratories: RCW 68.50.107.
28A.150.290
Superintendents, duties: State Constitution Art. 3 § 22.
System of schools to be established by state: State Constitution Art. 9 § 2.
Taxation, property taxes, exemptions: State Constitution Art. 7 § 1 (Amendment 14).
28A.150.295
28A.150.300
28A.150.305
Taxing district relief act: Chapter 39.64 RCW.
28A.150.310
Teachers' retirement and pensions: Chapter 41.32 RCW.
(2004 Ed.)
Chapter 28A.150 RCW
GENERAL PROVISIONS
Public schools.
Common schools.
School day.
School year—Beginning—End.
School holidays.
Certificated employee.
General public school system—Administration.
Superintendent of the school district.
Basic education certificated instructional staff—Definition—
Ratio to students.
Basic Education Act—Program contents—As meeting constitutional requirements.
Definition.
Basic Education Act—Goal.
Values and traits recognized.
Basic Education Act—Program requirements—Program
accessibility—Rules.
Basic Education Act—District school directors as accountable for proper operation of district—Scope—Responsibilities.
Basic Education Act—Certificated teaching and administrative staff as accountable for classroom teaching—Scope—
Responsibilities—Penalty.
Annual basic education allocation of funds according to average FTE student enrollment—Student/teacher ratio standard.
Annual basic education allocation of funds according to average FTE student enrollment—Procedure to determine distribution formula—Submittal to legislature—Enrollment,
FTE student, certificated and classified staff, defined.
Annual basic education allocation of funds according to average FTE student enrollment—Procedure for crediting portion for school building purposes.
Annual basic education allocation for students in technical
colleges.
Reimbursement for acquisition of approved transportation
equipment—Method.
State superintendent to make rules and regulations—Unforeseen conditions or actions to be recognized—Paperwork
limited.
General public school system—Maintained.
Corporal punishment prohibited—Adoption of policy.
Alternative educational service providers—Student eligibility.
National guard youth challenge program—Allocation of
funding—Rules.
[Title 28A RCW—page 3]
28A.150.010
Title 28A RCW: Common School Provisions
28A.150.350 Part time students—Defined—Enrollment authorized—
Reimbursement for costs—Funding authority recognition—Rules, regulations.
28A.150.360 Adjustments to meet emergencies.
28A.150.370 Additional programs for which legislative appropriations
must or may be made.
28A.150.380 Appropriations by legislature.
28A.150.390 Appropriations for special education programs.
28A.150.400 Apportionment factors to be based on current figures—Rules
and regulations.
28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits.
28A.150.420 Reimbursement for classes provided outside regular school
year.
28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—Advice on current
job needs.
28A.150.510 Release of education records to department of social and
health services.
28A.150.010
28A.150.010 Public schools. (Effective unless Referendum Measure No. 55 is approved at the November 2004
general election.) Public schools means the common schools
as referred to in Article IX of the state Constitution and those
schools and institutions of learning having a curriculum
below the college or university level as now or may be established by law and maintained at public expense, including
charter schools under chapter 28A.208 RCW. [2004 c 22 §
24; 1969 ex.s. c 223 § 28A.01.055. Formerly RCW
28A.01.055.]
Severability—2004 c 22: See RCW 28A.208.901.
28A.150.010
28A.150.010 Public schools. (Effective if Referendum
Measure No. 55 is approved at the November 2004 general
election.) Public schools shall mean the common schools as
referred to in Article IX of the state Constitution and those
schools and institutions of learning having a curriculum
below the college or university level as now or may be established by law and maintained at public expense. [1969 ex.s.
c 223 § 28A.01.055. Formerly RCW 28A.01.055.]
28A.150.020
28A.150.020 Common schools. "Common schools"
means schools maintained at public expense in each school
district and carrying on a program from kindergarten through
the twelfth grade or any part thereof including vocational
educational courses otherwise permitted by law. [1969 ex.s.
c 223 § 28A.01.060. Prior: 1909 c 97 p 261 § 1, part; RRS §
4680, part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44,
part. Formerly RCW 28A.01.060, 28.58.190, part,
28.01.060.]
28A.150.040
28A.150.040 School year—Beginning—End. The
school year shall begin on the first day of September and end
with the last day of August: PROVIDED, That any school
district may elect to commence the minimum annual school
term as required under RCW 28A.150.220 in the month of
August of any calendar year and in such case the operation of
a school district for such period in August shall be credited by
the superintendent of public instruction to the succeeding
school year for the purpose of the allocation and distribution
of state funds for the support of such school district. [1990 c
33 § 101; 1982 c 158 § 5; 1977 ex.s. c 286 § 1; 1975-'76 2nd
ex.s. c 118 § 22; 1969 ex.s. c 223 § 28A.01.020. Prior: 1909
c 97 p 262 § 4; RRS § 4688; prior: 1897 c 118 § 67; 1890 p
373 § 49. Formerly RCW 28A.01.020, 28.01.020.]
Severability—1982 c 158: See note following RCW 28A.150.220.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.150.050
28A.150.050 School holidays. The following are
school holidays, and school shall not be taught on these days:
Sunday; the first day of January, commonly called New
Year's Day; the third Monday of January, being celebrated as
the anniversary of the birth of Martin Luther King, Jr.; the
third Monday in February to be known as Presidents' Day and
to be celebrated as the anniversary of the births of Abraham
Lincoln and George Washington; the last Monday in May,
commonly known as Memorial Day; the fourth day of July,
being the anniversary of the Declaration of Independence; the
first Monday in September, to be known as Labor Day; the
eleventh day of November, to be known as Veterans' Day, the
fourth Thursday in November, commonly known as Thanksgiving Day; the day immediately following Thanksgiving
Day; the twenty-fifth day of December, commonly called
Christmas Day: PROVIDED, That no reduction from the
teacher's time or salary shall be made by reason of the fact
that a school day happens to be one of the days referred to in
this section as a day on which school shall not be taught.
[1989 c 233 § 11; 1985 c 189 § 2; 1984 c 92 § 1; 1975-'76 2nd
ex.s. c 24 § 2; 1973 c 32 § 1; 1969 ex.s. c 283 § 13. Prior:
1969 ex.s. c 223 § 28A.02.060; prior: 1955 c 20 § 2; 1909 c
97 p 308 § 6; RRS § 4853. Formerly RCW 28A.02.061,
28A.02.060, 28.02.060.]
Severability—1969 ex.s. c 283: "If any provision of this 1969 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1969 ex.s. c 283 § 59.]
"Legal holidays": RCW 1.16.050.
28A.150.060
28A.150.030
28A.150.030 School day. A school day shall mean each
day of the school year on which pupils enrolled in the common schools of a school district are engaged in educational
activity planned by and under the direction of the school district staff, as directed by the administration and board of
directors of the district. [1971 ex.s. c 161 § 1; 1969 ex.s. c
223 § 28A.01.010. Prior: (i) 1909 c 97 p 262 § 3, part; RRS
§ 4687, part; prior: 1903 c 104 § 22, part; 1897 c 118 § 66,
part; 1890 p 372 § 46. Formerly RCW 28.01.010, part. (ii)
1917 c 127 § 1, part; RRS § 5098, part. Cf. 1911 c 82 § 1,
part; 1909 c 97 p 371 subchapter 19, part; 1897 c 118 § 181,
part. Formerly RCW 28A.01.010, 28.35.030, part.]
[Title 28A RCW—page 4]
28A.150.060 Certificated employee. The term "certificated employee" as used in RCW 28A.195.010,
28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210,
28 A.40 5.2 40 , 2 8A.4 05 .2 5 0, 28 A.40 5.30 0 th r ou gh
28A.405.380, and chapter 41.59 RCW, shall include those
persons who hold certificates as authorized by rule or regulation of the state board of education or the superintendent of
public instruction. [1990 c 33 § 102; 1977 ex.s. c 359 § 17;
1975 1st ex.s. c 288 § 21; 1973 1st ex.s. c 105 § 1. Formerly
RCW 28A.01.130.]
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Effective dates—1975 1st ex.s. c 288: See RCW 41.59.940.
(2004 Ed.)
General Provisions
Severability—1975 1st ex.s. c 288: See RCW 41.59.950.
Basic Education Act, RCW 28A.150.060 as part of: RCW 28A.150.200.
Construction of chapter—Employee's rights preserved: RCW 41.59.920.
Construction of chapter—Employer's responsibilities and rights preserved:
RCW 41.59.930.
28A.150.070
28A.150.070 General public school system—Administration. The administration of the public school system
shall be entrusted to such state and local officials, boards, and
committees as the state Constitution and the laws of the state
shall provide. [1969 ex.s. c 223 § 28A.02.020. Prior: 1909 c
97 p 230 § 2; RRS § 4519; prior: 1897 c 118 § 19; 1890 p 348
§ 2; Code 1881 §§ 3154, 3155; 1861 p 55 § 1. Formerly RCW
28A.02.020, 28.02.020.]
28A.150.080
28A.150.080 Superintendent of the school district.
"Superintendent of the school district", if there be no such
superintendent, shall mean such other administrative or certificated employee as the school district board of directors
shall so designate. [1969 ex.s. c 223 § 28A.01.100. Formerly
RCW 28A.01.100.]
28A.150.100
28A.150.100 Basic education certificated instructional staff—Definition—Ratio to students. (1) For the
purposes of this section and RCW 28A.150.410 and
28A.400.200, "basic education certificated instructional
staff" shall mean all full time equivalent certificated instructional staff in the following programs as defined for statewide
school district accounting purposes: Basic education, secondary vocational education, general instructional support,
and general supportive services.
(2) In the 1988-89 school year and thereafter, each
school district shall maintain a ratio of at least forty-six basic
education certificated instructional staff to one thousand
annual average full time equivalent students. [1990 c 33 §
103; 1987 1st ex.s. c 2 § 203. Formerly RCW 28A.41.110.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.150.200
28A.150.200 Basic Education Act—Program contents—As meeting constitutional requirements. *This
1977 amendatory act shall be known and may be cited as
"The Washington Basic Education Act of 1977." The program evolving from the Basic Education Act shall include (1)
the goal of the school sy stem as defined in R CW
28A.150.210, (2) those program requirements enumerated in
RCW 28A.150.220, and (3) the determination and distribution of state resources as defined in RCW 28A.150.250 and
28A.150.260.
The requirements of the Basic Education Act are deemed
by the legislature to comply with the requirements of Article
IX, section 1 of the state Constitution, which states that "It is
the paramount duty of the state to make ample provision for
the education of all children residing within its borders, without distinction or preference on account of race, color, caste,
or sex," and are adopted pursuant to Article IX, section 2 of
the state Constitution, which states that "The legislature shall
provide for a general and uniform system of public schools."
[1990 c 33 § 104; 1977 ex.s. c 359 § 1. Formerly RCW
28A.58.750.]
(2004 Ed.)
28A.150.210
*Reviser's note: For codification of "this 1977 amendatory act" [1977
ex.s. c 359], see Codification Tables, Volume 0.
Effective date—1977 ex.s. c 359: "This 1977 amendatory act shall take
effect September 1, 1978." [1977 ex.s. c 359 § 22.]
Severability—1977 ex.s. c 359: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 359 § 21.]
28A.150.205 Definition. Unless the context clearly
requires otherwise, the definition in this section applies
throughout RCW 28A.150.200 through 28A.150.295.
"Instructional hours" means those hours students are provided the opportunity to engage in educational activity
planned by and under the direction of school district staff, as
directed by the administration and board of directors of the
district, inclusive of intermissions for class changes, recess,
and teacher/parent-guardian conferences that are planned and
scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time
actually spent for meals. [1992 c 141 § 502.]
28A.150.205
Contingent effective date—1992 c 141 §§ 502-504, 506, and 507:
"Sections 502 through 504, 506, and 507 of this act shall take effect September 1, 2000. However, these sections shall not take effect if, by September 1,
2000, a law is enacted stating that a school accountability and academic
assessment system is not in place." [1993 c 336 § 1202; 1992 c 141 § 509.]
That law was not enacted by September 1, 2000.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
28A.150.210 Basic Education Act—Goal. The goal of
the Basic Education Act for the schools of the state of Washington set forth in this chapter shall be to provide students
with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their
families and communities, and to enjoy productive and satisfying lives. To these ends, the goals of each school district,
with the involvement of parents and community members,
shall be to provide opportunities for all students to develop
the knowledge and skills essential to:
(1) Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and
settings;
(2) Know and apply the core concepts and principles of
mathematics; social, physical, and life sciences; civics and
history; geography; arts; and health and fitness;
(3) Think analytically, logically, and creatively, and to
integrate experience and knowledge to form reasoned judgments and solve problems; and
(4) Understand the importance of work and how performance, effort, and decisions directly affect future career and
educational opportunities. [1993 c 336 § 101; (1992 c 141 §
501 repealed by 1993 c 336 § 1203); 1977 ex.s. c 359 § 2.
Formerly RCW 28A.58.752.]
28A.150.210
Findings—Intent—1993 c 336: "The legislature finds that student
achievement in Washington must be improved to keep pace with societal
changes, changes in the workplace, and an increasingly competitive international economy.
To increase student achievement, the legislature finds that the state of
Washington needs to develop a public school system that focuses more on
the educational performance of students, that includes high expectations for
all students, and that provides more flexibility for school boards and educators in how instruction is provided.
The legislature further finds that improving student achievement will
require:
[Title 28A RCW—page 5]
28A.150.211
Title 28A RCW: Common School Provisions
(1) Establishing what is expected of students, with standards set at
internationally competitive levels;
(2) Parents to be primary partners in the education of their children, and
to play a significantly greater role in local school decision making;
(3) Students taking more responsibility for their education;
(4) Time and resources for educators to collaboratively develop and
implement strategies for improved student learning;
(5) Making instructional programs more relevant to students' future
plans;
(6) All parties responsible for education to focus more on what is best
for students; and
(7) An educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation.
It is the intent of the legislature to provide students the opportunity to
achieve at significantly higher levels, and to provide alternative or additional
instructional opportunities to help students who are having difficulty meeting the essential academic learning requirements in RCW 28A.630.885.
It is also the intent of the legislature that students who have met or
exceeded the essential academic learning requirements be provided with
alternative or additional instructional opportunities to help advance their
educational experience.
The provisions of chapter 336, Laws of 1993 shall not be construed to
change current state requirements for students who receive home-based
instruction under chapter 28A.200 RCW, or for students who attend stateapproved private schools under chapter 28A.195 RCW." [1993 c 336 § 1.]
Effective date—1993 c 336 § 101: "Section 101 of this act shall take
effect September 1, 1994." [1993 c 336 § 102.]
Findings—1993 c 336: "(1) The legislature finds that preparing students to make successful transitions from school to work helps promote educational, career, and personal success for all students.
(2) A successful school experience should prepare students to make
informed career direction decisions at critical points in their educational
progress. Schools that demonstrate the relevancy and practical application of
course work will expose students to a broad range of interrelated career and
educational opportunities and will expand students' posthigh school options.
(3) The school-to-work transitions program, under chapter 335, Laws
of 1993, is intended to help secondary schools develop model programs for
school-to-work transitions. The purposes of the model programs are to provide incentives for selected schools to:
(a) Integrate vocational and academic instruction into a single curriculum;
(b) Provide each student with a choice of multiple, flexible educational
pathways based on the student's career interest areas;
(c) Emphasize increased vocational and academic guidance and counseling for students;
(d) Foster partnerships with local employers and employees to incorporate work sites as part of work-based learning experiences;
(e) Encourage collaboration among middle or junior high schools and
secondary schools in developing successful transition programs and to
encourage articulation agreements between secondary schools and
community and technical colleges.
(4) The legislature further finds that successful implementation of the
school-to-work transitions program is an important part of achieving the purposes of chapter 336, Laws of 1993." [1993 c 336 § 601.]
Part headings not law—1993 c 336: "Part headings as used in this act
constitute no part of the law." [1993 c 336 § 1204.]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
28A.150.211
28A.150.211 Values and traits recognized. The legislature also recognizes that certain basic values and character
traits are essential to individual liberty, fulfillment, and happiness. However, these values and traits are not intended to
be assessed or be standards for graduation. The legislature
intends that local communities have the responsibility for
determining how these values and character traits are learned
as determined by consensus at the local level. These values
and traits include the importance of:
(1) Honesty, integrity, and trust;
[Title 28A RCW—page 6]
(2) Respect for self and others;
(3) Responsibility for personal actions and commitments;
(4) Self-discipline and moderation;
(5) Diligence and a positive work ethic;
(6) Respect for law and authority;
(7) Healthy and positive behavior; and
(8) Family as the basis of society. [1994 c 245 § 10.]
Effective date—1994 c 245 § 10: "Section 10 of this act shall take
effect September 1, 1994." [1994 c 245 § 15.]
28A.150.220
28A.150.220 Basic Education Act—Program
requirements—Program accessibility—Rules. (1) Satisfaction of the basic education program requirements identified in RCW 28A.150.210 shall be considered to be implemented by the following program:
(a) Each school district shall make available to students
enrolled in kindergarten at least a total instructional offering
of four hundred fifty hours. The program shall include
instruction in the essential academic learning requirements
under *RCW 28A.630.885 and such other subjects and such
activities as the school district shall determine to be appropriate for the education of the school district's students enrolled
in such program;
(b) Each school district shall make available to students
enrolled in grades one through twelve, at least a district-wide
annual average total instructional hour offering of one thousand hours. The state board of education may define alternatives to classroom instructional time for students in grades
nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to
determine annual average instructional hours for districts
including fewer than twelve grades. The program shall
include the essential academic learning requirements under
*RCW 28A.630.885 and such other subjects and such activities as the school district shall determine to be appropriate for
the education of the school district's students enrolled in such
group;
(c) If the essential academic learning requirements
include a requirement of languages other than English, the
requirement may be met by students receiving instruction in
one or more American Indian languages.
(2) Nothing contained in subsection (1) of this section
shall be construed to require individual students to attend
school for any particular number of hours per day or to take
any particular courses.
(3) Each school district's kindergarten through twelfth
grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW
28A.225.160, and less than twenty-one years of age and shall
consist of a minimum of one hundred eighty school days per
school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten: PROVIDED, That effective
May 1, 1979, a school district may schedule the last five
school days of the one hundred and eighty day school year for
noninstructional purposes in the case of students who are
graduating from high school, including, but not limited to, the
observance of graduation and early release from school upon
the request of a student, and all such students may be claimed
as a full time equivalent student to the extent they could oth(2004 Ed.)
General Provisions
erwise have been so claimed for the purposes of RCW
28A.150.250 and 28A.150.260.
(4) The state board of education shall adopt rules to
implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and
28A.150.260, and such related supplemental program
approval requirements as the state board may establish.
[1993 c 371 § 2; (1995 c 77 § 1 and 1993 c 371 § 1 expired
September 1, 2000); 1992 c 141 § 503; 1990 c 33 § 105; 1982
c 158 § 1; 1979 ex.s. c 250 § 1; 1977 ex.s. c 359 § 3. Formerly
RCW 28A.58.754.]
*Reviser's note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206.
Contingent expiration date—1995 c 77 § 1: "Section 1 of this act shall
expire September 1, 2000. However, section 1 of this act shall not expire if,
by September 1, 2000, a law is not enacted stating that a school accountability and academic assessment system is not in place." [1995 c 77 § 32.] That
law was not enacted by September 1, 2000.
Contingent effective date—1993 c 371 § 2: "Section 2 of this act shall
take effect September 1, 2000. However, section 2 of this act shall not take
effect if, by September 1, 2000, a law is enacted stating that a school
accountability and academic assessment system is not in place." [1993 c 371
§ 5.] That law was not enacted by September 1, 2000.
Contingent effective date—1992 c 141 §§ 502-504, 506, and 507: See
note following RCW 28A.150.205.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Severability—1982 c 158: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 158 § 8.]
Effective date—1979 ex.s. c 250: "This amendatory act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and
except as otherwise provided in subsection (5) of section 1, and section 2 of
this amendatory act, shall take effect August 15, 1979." [1979 ex.s. c 250 §
10.]
Severability—1979 ex.s. c 250: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 250 § 11.]
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
28A.150.230
28A.150.230 Basic Education Act—District school
directors as accountable for proper operation of district—Scope—Responsibilities. (1) It is the intent and purpose of this section to guarantee that each common school
district board of directors, whether or not acting through its
respective administrative staff, be held accountable for the
proper operation of their district to the local community and
its electorate. In accordance with the provisions of Title 28A
RCW, as now or hereafter amended, each common school
district board of directors shall be vested with the final
responsibility for the setting of policies ensuring quality in
the content and extent of its educational program and that
such program provide students with the opportunity to
achieve those skills which are generally recognized as requisite to learning.
(2) In conformance with the provisions of Title 28A
RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to
adopt policies to:
(2004 Ed.)
28A.150.240
(a) Establish performance criteria and an evaluation process for its certificated personnel, including administrative
staff, and for all programs constituting a part of such district's
curriculum;
(b) Determine the final assignment of staff, certificated
or classified, according to board enumerated classroom and
program needs;
(c) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW
28A.150.220, or rules and regulations of the state board of
education;
(d) Determine the allocation of staff time, whether certificated or classified;
(e) Establish final curriculum standards consistent with
law and rules and regulations of the state board of education,
relevant to the particular needs of district students or the
unusual characteristics of the district, and ensuring a quality
education for each student in the district; and
(f) Evaluate teaching materials, including text books,
teaching aids, handouts, or other printed material, in public
hearing upon complaint by parents, guardians or custodians
of students who consider dissemination of such material to
students objectionable. [1994 c 245 § 9; 1991 c 61 § 1; 1990
c 33 § 106; 1979 ex.s. c 250 § 7; 1977 ex.s. c 359 § 18. Formerly RCW 28A.58.758.]
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
28A.150.240
28A.150.240 Basic Education Act—Certificated
teaching and administrative staff as accountable for classroom teaching—Scope—Responsibilities—Penalty. (1) It
is the intended purpose of this section to guarantee that the
certificated teaching and administrative staff in each common
school district be held accountable for the proper and efficient conduct of classroom teaching in their school which
will provide students with the opportunity to achieve those
skills which are generally recognized as requisite to learning.
(2) In conformance with the other provisions of Title
28A RCW, it shall be the responsibility of the certificated
teaching and administrative staff in each common school to:
(a) Implement the district's prescribed curriculum and
enforce, within their area of responsibility, the rules and regulations of the school district, the state superintendent of public instruction, and the state board of education, taking into
due consideration individual differences among students, and
maintain and render appropriate records and reports pertaining thereto.
(b) Maintain good order and discipline in their classrooms at all times.
(c) Hold students to a strict accountability while in
school for any disorderly conduct while under their supervision.
(d) Require excuses from the parents, guardians, or custodians of minor students in all cases of absence, late arrival
to school, or early dismissal.
(e) Give careful attention to the maintenance of a healthful atmosphere in the classroom.
[Title 28A RCW—page 7]
28A.150.250
Title 28A RCW: Common School Provisions
(f) Give careful attention to the safety of the student in
the classroom and report any doubtful or unsafe conditions to
the building administrator.
(g) Evaluate each student's educational growth and
development and make periodic reports thereon to parents,
guardians, or custodians and to school administrators.
Failure to carry out such requirements as set forth in subsection (2)(a) through (g) above shall constitute sufficient
cause for discharge of any member of such teaching or
administrative staff. [1979 ex.s. c 250 § 5; 1977 ex.s. c 359 §
19. Formerly RCW 28A.58.760.]
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
28A.150.250
28A.150.250 Annual basic education allocation of
funds according to average FTE student enrollment—
Student/teacher ratio standard. From those funds made
available by the legislature for the current use of the common
schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.510.250 to each
school district of the state operating a program approved by
the state board of education an amount which, when combined with an appropriate portion of such locally available
revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.520.010
and 28A.520.020, as the superintendent of public instruction
may deem appropriate for consideration in computing state
equalization support, excluding excess property tax levies,
will constitute a basic education allocation in dollars for each
annual average full time equivalent student enrolled, based
upon one full school year of one hundred eighty days, except
that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.150.220.
Basic education shall be considered to be fully funded by
those amounts of dollars appropriated by the legislature pursuant to RCW 28A.150.250 and 28A.150.260 to fund those
program requirements identified in RCW 28A.150.220 in
accordance with the formula and ratios provided in RCW
28A.150.260 and those amounts of dollars appropriated by
the legislature to fund the salary requirements of RCW
28A.150.100 and 28A.150.410.
Operation of a program approved by the state board of
education, for the purposes of this section, shall include a
finding that the ratio of students per classroom teacher in
grades kindergarten through three is not greater than the ratio
of students per classroom teacher in grades four and above
for such district: PROVIDED, That for the purposes of this
section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate,
but not necessarily employed as a certificated employee,
whose primary duty is the daily educational instruction of
students: PROVIDED FURTHER, That the state board of
education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section,
and such rules and regulations shall allow for exemptions for
those special programs and/or school districts which may be
deemed unable to practicably meet the student/teacher ratio
[Title 28A RCW—page 8]
requirements of this section by virtue of a small number of
students.
If a school district's basic education program fails to
meet the basic education requirements enumerated in RCW
28A.150.250, 28A.150.260, and 28A.150.220, the state
board of education shall require the superintendent of public
instruction to withhold state funds in whole or in part for the
basic education allocation until program compliance is
assured: PROVIDED, That the state board of education may
waive this requirement in the event of substantial lack of
classroom space. [1990 c 33 § 107; 1987 1st ex.s. c 2 § 201;
1986 c 144 § 1; 1983 c 3 § 30; 1982 c 158 § 3; 1982 c 158 §
2; 1980 c 154 § 12; 1979 ex.s. c 250 § 2; 1977 ex.s. c 359 § 4;
1975 1st ex.s. c 211 § 1; 1973 2nd ex.s. c 4 § 1; 1973 1st ex.s.
c 195 § 9; 1973 c 46 § 2. See also 1973 1st ex.s. c 195 §§ 136,
137, 138 and 139. Prior: 1972 ex.s. c 124 § 1; 1972 ex.s. c
105 § 2; 1971 ex.s. c 294 § 19; 1969 c 138 § 2; 1969 ex.s. c
223 § 28A.41.130; prior: 1967 ex.s. c 140 § 3; 1965 ex.s. c
171 § 1; 1965 ex.s. c 154 § 2; prior: (i) 1949 c 212 § 1, part;
1945 c 141 § 4, part; 1923 c 96 § 1, part; 1911 c 118 § 1, part;
1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-4,
part. (ii) 1949 c 212 § 2, part; 1945 c 141 § 5, part; 1909 c 97
p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-5, part. Formerly RCW 28A.41.130, 28.41.130.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Effective date—1986 c 144: "Section 1 of this act shall be effective
September 1, 1987." [1986 c 144 § 2.]
Severability—1982 c 158: See note following RCW 28A.150.220.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Emergency—Effective date—1973 2nd ex.s. c 4: See notes following
RCW 84.52.043.
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—1972 ex.s. c 124: "This 1972 amendatory act is necessary for the immediate preservation of the public peace, health and safety and
the support of the state government and its existing public institutions, and
sections 2, 3, 4, 6, 7 and 11 shall take effect immediately [February 25,
1972]; sections 1, 8, 9 and 10 hereof shall take effect July 1, 1973; and section 5 hereof shall take effect July 1, 1974." [1972 ex.s. c 124 § 12.]
Severability—1972 ex.s. c 124: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1972 ex.s. c 124 § 13.]
Effective date—1972 ex.s. c 105: "This act except for section 4 will
take effect July 1, 1973." [1972 ex.s. c 105 § 5.]
Severability—1972 ex.s. c 105: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1972 ex.s. c 105 § 6.]
Basic Education Act, RCW 28A.150.250 as part of: RCW 28A.150.200.
Distribution of forest reserve funds—As affects basic education allocation:
RCW 28A.520.020.
28A.150.260 Annual basic education allocation of
funds according to average FTE student enrollment—
Procedure to determine distribution formula—Submittal
to legislature—Enrollment, FTE student, certificated and
classified staff, defined. The basic education allocation for
28A.150.260
(2004 Ed.)
General Provisions
each annual average full time equivalent student shall be
determined in accordance with the following procedures:
(1) The governor shall and the superintendent of public
instruction may recommend to the legislature a formula
based on a ratio of students to staff for the distribution of a
basic education allocation for each annual average full time
equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing
educational opportunities and shall provide appropriate recognition of the following costs among the various districts
within the state:
(a) Certificated instructional staff and their related costs;
(b) Certificated administrative staff and their related
costs;
(c) Classified staff and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs of remote and necessary schools
and small high schools, including costs of additional certificated and classified staff; and
(f) The attendance of students pursuant to RCW
28A.335.160 and 28A.225.250 who do not reside within the
servicing school district.
(2)(a) This formula for distribution of basic education
funds shall be reviewed biennially by the superintendent and
governor. The recommended formula shall be subject to
approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional
staff be used to increase the ratio of such staff to students,
nothing in this section shall require districts to reduce the
number of administrative staff below existing levels.
(b) The formula adopted by the legislature shall reflect
the following ratios at a minimum: (i) Forty-nine certificated
instructional staff to one thousand annual average full time
equivalent students enrolled in grades kindergarten through
three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades
four through twelve; (iii) four certificated administrative staff
to one thousand annual average full time equivalent students
in grades kindergarten through twelve; and (iv) sixteen and
sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in
grades kindergarten through twelve.
(c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new
distribution formula, the distribution formula for the previous
school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be
for state apportionment and equalization purposes only and
shall not be construed as mandating specific operational
functions of local school districts other than those program
requirem ents id entified in RCW 28A.1 50.2 20 and
28A.150.100. The enrollment of any district shall be the
annual average number of full time equivalent students and
part time students as provided in RCW 28A.150.350,
enrolled on the first school day of each month and shall
exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The
definition of full time equivalent student shall be determined
by rules of the superintendent of public instruction: PRO(2004 Ed.)
28A.150.270
VIDED, That the definition shall be included as part of the
superintendent's biennial budget request: PROVIDED,
FURTHER, That any revision of the present definition shall
not take effect until approved by the house appropriations
committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's
reported full time equivalent students in the common schools
in conjunction with RCW 43.62.050.
(3)(a) Certificated instructional staff shall include those
persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8):
PROVIDED, That in exceptional cases, people of unusual
competence but without certification may teach students so
long as a certificated person exercises general supervision:
PROVIDED, FURTHER, That the hiring of such classified
people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute.
(b) Certificated administrative staff shall include all
those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW
41.59.020(4). [1997 c 13 § 2; (1997 c 13 § 1 and 1995 c 77 §
2 expired September 1, 2000); 1995 c 77 § 3; 1992 c 141 §
507; 1992 c 141 § 303; 1991 c 116 § 10; 1990 c 33 § 108;
1987 1st ex.s. c 2 § 202; 1985 c 349 § 5; 1983 c 229 § 1; 1979
ex.s. c 250 § 3; 1979 c 151 § 12; 1977 ex.s. c 359 § 5; 1969
ex.s. c 244 § 14. Prior: 1969 ex.s. c 217 § 3; 1969 c 130 § 7;
1969 ex.s. c 223 § 28A.41.140; prior: 1965 ex.s. c 154 § 3.
Formerly RCW 28A.41.140, 28.41.140.]
Contingent effective date—1997 c 13 § 2: "Section 2 of this act shall
take effect September 1, 2000. However, section 2 of this act shall not take
effect if, by September 1, 2000, a law is enacted stating that a school
accountability and academic assessment system is not in place." [1997 c 13
§ 15.] That law was not enacted by September 1, 2000.
Contingent effective date—1995 c 77 § 3: "Section 3 of this act shall
take effect September 1, 2000. However, section 3 of this act shall not take
effect if, by September 1, 2000, a law is enacted stating that a school
accountability and academic assessment system is not in place." [1995 c 77
§ 33.] That law was not enacted by September 1, 2000.
Contingent effective date—1992 c 141 §§ 502-504, 506, and 507: See
note following RCW 28A.150.205.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Severability—1985 c 349: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 349 § 9.]
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Basic Education Act, RCW 28A.150.260 as part of: RCW 28A.150.200.
Distribution of forest reserve funds—As affects basic education allocation:
RCW 28A.520.020.
28A.150.270
28A.150.270 Annual basic education allocation of
funds according to average FTE student enrollment—
Procedure for crediting portion for school building purposes. The board of directors of a school district may, by
[Title 28A RCW—page 9]
28A.150.275
Title 28A RCW: Common School Provisions
properly executed resolution, request that the superintendent
of public instruction direct a portion of the district's basic
education allocation be credited to the district's capital
projects fund and/or bond redemption fund. Moneys so credited shall be used solely for school building purposes. [1985
c 7 § 89; 1980 c 154 § 13. Formerly RCW 28A.41.143.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.150.275
28A.150.275 Annual basic education allocation for
students in technical colleges. The basic education allocation, including applicable vocational entitlements and special
education program money, generated under this chapter and
under state appropriation acts by school districts for students
enrolled in a technical college program established by an
interlocal agreement under RCW 28B.50.533 shall be allocated in amounts as determined by the superintendent of public instruction to the serving college rather than to the school
district, unless the college chooses to continue to receive the
allocations through the school districts. This section does not
apply to students enrolled in the running start program established in RCW 28A.600.310. [1995 c 77 § 4; 1993 c 223 § 1.]
28A.150.280
28A.150.280 Reimbursement for acquisition of
approved transportation equipment—Method. Costs of
acquisition of approved transportation equipment purchased
prior to September 1, 1982, shall be reimbursed up to one
hundred percent of the cost to be reimbursed over the anticipated life of the vehicle, as determined by the state superintendent: PROVIDED, That commencing with the 1980-81
school year, reimbursement shall be at one hundred percent
or as close thereto as reasonably possible: PROVIDED
FURTHER, That reimbursements for the acquisition of
approved transportation equipment received by school districts shall be placed in the transportation vehicle fund for the
current or future purchase of approved transportation equipment and for major transportation equipment repairs consistent with rules and regulations authorized in RCW
28A.160.130. [1993 c 111 § 1. Prior: 1990 c 33 § 110; 1990
c 33 § 109; 1981 c 343 § 1; 1981 c 265 § 9; 1981 c 265 § 8;
1977 ex.s. c 359 § 6; 1977 c 80 § 3; 1975 1st ex.s. c 275 § 60;
1972 ex.s. c 85 § 1; 1971 c 48 § 14; 1969 ex.s. c 223 §
28A.41.160; prior: 1965 ex.s. c 154 § 5. Formerly RCW
28A.41.160, 28.41.160.]
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Severability—1977 c 80: See note following RCW 28A.160.030.
Severability—1971 c 48: See note following RCW 28A.305.040.
Additional programs for which legislative appropriations must or may be
made: RCW 28A.150.370.
Basic Education Act, RCW 28A.150.280 as part of: RCW 28A.150.200.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
28A.150.290 State superintendent to make rules and
regulations—Unforeseen conditions or actions to be recognized—Paperwork limited. (1) The superintendent of
public instruction shall have the power and duty to make such
28A.150.290
[Title 28A RCW—page 10]
rules and regulations as are necessary for the proper administration of this chapter and RCW 28A.160.150 through
*28A.160.220, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require
such reports as may be necessary to carry out his or her duties
under this chapter and RCW 28A.160.150 through
*28A.160.220, 28A.300.170, and 28A.500.010.
(2) The superintendent of public instruction shall have
the authority to make rules and regulations which establish
the terms and conditions for allowing school districts to
receive state basic education moneys as provided in RCW
28A.150.250 when said districts are unable to fulfill for one
or more schools as officially scheduled the requirement of a
full school year of one hundred eighty days or the annual
average total instructional hour offering imposed by RCW
28A.150.220 and 28A.150.260 due to one or more of the following conditions:
(a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake,
epidemic, or volcanic eruption that has the direct or indirect
effect of rendering one or more school district facilities
unsafe, unhealthy, inaccessible, or inoperable; and
(b) An unforeseen mechanical failure or an unforeseen
action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a
school district board of directors and its employees and (ii)
has the direct or indirect effect of rendering one or more
school district facilities unsafe, unhealthy, inaccessible, or
inoperable. Such actions, inactions or mechanical failures
may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in
the scheduled completion of construction projects, and the
discontinuance or disruption of utilities such as heating, lighting and water: PROVIDED, That an unforeseen action or
inaction shall not include any labor dispute between a school
district board of directors and any employee of the school district.
A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have
anticipated prior to August first of the preceding school year
that the condition probably would occur during the ensuing
school year because of the occurrence of an event or a circumstance which existed during such preceding school year
or a prior school year. A board of directors of a school district
is deemed for the purposes of this subsection to have knowledge of events and circumstances which are a matter of common knowledge within the school district and of those events
and circumstances which can be discovered upon prudent
inquiry or inspection.
(3) The superintendent of public instruction shall make
every effort to reduce the amount of paperwork required in
administration of this chapter and RCW 28A.160.150
through *28A.160.220, 28A.300.170, and 28A.500.010; to
simplify the application, monitoring and evaluation processes
used; to eliminate all duplicative requests for information
from local school districts; and to make every effort to integrate and standardize information requests for other state
education acts and federal aid to education acts administered
by the superintendent of public instruction so as to reduce
paperwork requirements and duplicative information
requests. [1992 c 141 § 504; 1990 c 33 § 111; 1981 c 285 §
(2004 Ed.)
General Provisions
1; 1979 ex.s. c 250 § 6; 1973 1st ex.s. c 78 § 1; 1972 ex.s. c
105 § 4; 1971 c 46 § 1; 1969 ex.s. c 3 § 2; 1969 ex.s. c 223 §
28A.41.170. Prior: 1965 ex.s. c 154 § 6. Formerly RCW
28A.41.170, 28.41.170.]
*Reviser's note: RCW 28A.160.220 was recodified as RCW
28A.300.035 pursuant to 1994 c 113 § 2.
Contingent effective date—1992 c 141 §§ 502-504, 506, and 507: See
note following RCW 28A.150.205.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1972 ex.s. c 105: See notes following
RCW 28A.150.250.
28A.150.350
shall be jointly determined by the school district, the student's
parent or legal guardian, and the alternative educational service provider.
(4) For the purpose of this section, the superintendent of
public instruction shall adopt rules for reporting and documenting enrollment. Students may reenter at the grade level
appropriate to the student's ability. Students who are sixteen
years of age or older may take the GED test.
(5) The board of directors of school districts may require
that students who would otherwise be suspended or expelled
attend schools or programs listed in subsection (1) of this section as a condition of continued enrollment in the school district. [2002 c 291 § 1; 1997 c 265 § 6.]
Severability—1997 c 265: See note following RCW 13.40.160.
28A.150.295
28A.150.295 General public school system—Maintained. A general and uniform system of public schools
embracing the common schools shall be maintained throughout the state of Washington in accordance with Article IX of
the state Constitution. [1969 ex.s. c 223 § 28A.02.010. Prior:
1909 c 97 p 230 § 1; RRS § 4518; prior: 1897 c 118 § 1; 1890
p 348 § 1. Formerly RCW 28A.02.010, 28.02.010.]
28A.150.300
28A.150.300 Corporal punishment prohibited—
Adoption of policy. The use of corporal punishment in the
common schools is prohibited. The state board of education,
in consultation with the superintendent of public instruction,
shall develop and adopt a policy prohibiting the use of corporal punishment in the common schools. The policy shall be
adopted by the state board of education no later than February
1, 1994, and shall take effect in all school districts September
1, 1994. [1993 c 68 § 1.]
28A.150.305
28A.150.305 Alternative educational service providers—Student eligibility. (1) The board of directors of
school districts may contract with alternative educational service providers for eligible students. Alternative educational
service providers that the school district may contract with
include, but are not limited to:
(a) Other schools;
(b) Alternative education programs not operated by the
school district;
(c) Education centers;
(d) Skills centers;
(e) The Washington national guard youth challenge program;
(f) Dropout prevention programs; or
(g) Other public or private organizations, excluding sectarian or religious organizations.
(2) Eligible students include students who are likely to
be expelled or who are enrolled in the school district but have
been suspended, are academically at risk, or who have been
subject to repeated disciplinary actions due to behavioral
problems.
(3) If a school district board of directors chooses to initiate specialized programs for students at risk of expulsion or
who are failing academically by contracting out with alternative educational service providers identified in subsection (1)
of this section, the school district board of directors and the
organization must specify the specific learning standards that
students are expected to achieve. Placement of the student
(2004 Ed.)
28A.150.310
28A.150.310 National guard youth challenge program—Allocation of funding—Rules. Basic and nonbasic
education funding, including applicable vocational entitlements and special education program money, generated
under this chapter and under state appropriations acts shall be
allocated directly to the military department for a national
guard youth challenge program for students earning high
school graduation credit under RCW 28A.305.170. Funding
shall be provided based on statewide average rates for basic
education, special education, categorical, and block grant
programs as determined by the office of the superintendent of
public instruction. The monthly full-time equivalent enrollment reported for students enrolled in the national guard
youth challenge program shall be based on one full-time
equivalent for every one hundred student hours of scheduled
instruction eligible for high school graduation credit. The
office of the superintendent of public instruction, in consultation with the military department, shall adopt such rules as
are necessary to implement this section. [2002 c 291 § 2.]
28A.150.350
28A.150.350 Part time students—Defined—Enrollment authorized—Reimbursement for costs—Funding
authority recognition—Rules, regulations. (1) For purposes of this section, the following definitions shall apply:
(a) "Private school student" shall mean any student
enrolled full time in a private school;
(b) "School" shall mean any primary, secondary or vocational school;
(c) "School funding authority" shall mean any nonfederal governmental authority which provides moneys to common schools;
(d) "Part time student" shall mean and include: Any student enrolled in a course of instruction in a private school and
taking courses at and/or receiving ancillary services offered
by any public school not available in such private school; or
any student who is not enrolled in a private school and is
receiving home-based instruction under RCW 28A.225.010
which instruction includes taking courses at or receiving
ancillary services from the local school district or both; or
any student involved in any work training program and taking courses in any public school, which work training program is approved by the school board of the district in which
such school is located.
(2) The board of directors of any school district is authorized and, in the same manner as for other public school stu[Title 28A RCW—page 11]
28A.150.360
Title 28A RCW: Common School Provisions
dents, shall permit the enrollment of and provide ancillary
services for part time students: PROVIDED, That this section shall only apply to part time students who would be otherwise eligible for full time enrollment in the school district.
(3) The superintendent of public instruction shall recognize the costs to each school district occasioned by enrollment of and/or ancillary services provided for part time students authorized by subsection (2) of this section and shall
include such costs in the distribution of funds to school districts pursuant to RCW 28A.150.260. Each school district
shall be reimbursed for the costs or a portion thereof, occasioned by attendance of and/or ancillary services provided for
part time students on a part time basis, by the superintendent
of public instruction, according to law.
(4) Each school funding authority shall recognize the
costs occasioned to each school district by enrollment of and
ancillary services provided for part time students authorized
by subsection (2) of this section, and shall include said costs
in funding the activities of said school districts.
(5) The superintendent of public instruction is authorized
to adopt rules and regulations to carry out the purposes of
RCW 28A.150.260 and 28A.150.350. [1990 c 33 § 112;
1985 c 441 § 5; 1977 ex.s. c 359 § 8; 1972 ex.s. c 14 § 1; 1969
ex.s. c 217 § 4. Formerly RCW 28A.41.145.]
Severability—1985 c 441: See note following RCW 28A.225.010.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Severability—1972 ex.s. c 14: "If any provision of this 1972 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is held invalid." [1972 ex.s. c 14 § 2.]
Basic Education Act, RCW 28A.150.350 as part of: RCW 28A.150.200.
28A.150.360
28A.150.360 Adjustments to meet emergencies. In
the event of an unforeseen emergency, in the nature of either
an unavoidable cost to a district or unexpected variation in
anticipated revenues to a district, the state superintendent is
authorized, for not to exceed two years, to make such an
adjustment in the allocation of funds as is consistent with the
intent of th is chap ter, RCW 28 A.160 .150 thr ough
28A.160.210, 28A.300.170, and 28A.500.010 in providing
an equal educational opportunity for the children of such district or districts. [1995 c 335 § 101; 1990 c 33 § 113; 1969
ex.s. c 223 § 28A.41.150. Prior: 1965 ex.s. c 154 § 4. Formerly RCW 28A.41.150, 28.41.150.]
tional-technical institutes, compensatory programs, bilingual
education, urban, rural, racial and disadvantaged programs,
programs for gifted students, and other special programs.
[1995 c 335 § 102; 1995 c 77 § 5; 1990 c 33 § 114; 1982 1st
ex.s. c 24 § 1; 1977 ex.s. c 359 § 7. Formerly RCW
28A.41.162.]
Reviser's note: This section was amended by 1995 c 77 § 5 and by
1995 c 335 § 102, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Effective date—1982 1st ex.s. c 24: "Sections 2 and 3 of this amendatory act shall take effect September 1, 1982." [1982 1st ex.s. c 24 § 6.]
Severability—1982 1st ex.s. c 24: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 1st ex.s. c 24 § 7.]
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Basic Education Act, RCW 28A.150.370 as part of: RCW 28A.150.200.
28A.150.380
28A.150.380 Appropriations by legislature. (1) The
state legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the
current use of the common schools such amounts as needed
for state support to the common schools during the ensuing
biennium as provided in this chapter, RCW 28A.160.150
through 28A.160.210, 28A.300.170, and 28A.500.010.
(2) The state legislature shall also, at each regular session
in an odd-numbered year, appropriate from the student
achievement fund and education construction fund solely for
the purposes of and in accordance with the provisions of the
student achievement act during the ensuing biennium. [2001
c 3 § 10 (Initiative Measure No. 728, approved November 7,
2000); 1995 c 335 § 103; 1990 c 33 § 115; 1980 c 6 § 3; 1969
ex.s. c 223 § 28A.41.050. Prior: 1945 c 141 § 2; Rem. Supp.
1945 § 4940-2. Formerly RCW 28A.41.050, 28.41.050.]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1980 c 6: See note following RCW 28A.515.320.
28A.150.390
Part headings, table of contents not law—1995 c 335: "Part headings
and the table of contents as used in this act do not constitute any part of the
law." [1995 c 335 § 805.]
28A.150.370
28A.150.370 Additional programs for which legislative appropriations must or may be made. In addition to
those state funds provided to school districts for basic education, the legislature shall appropriate funds for pupil transportation, in accordance with this chapter, RCW 28A.160.150
through 28A.160.210, 28A.300.035, 28A.300.170, and
28A.500.010, and for special education programs for stud e n t s w i th d i s a b i li t i es , i n ac c o r d a n c e w it h R C W
28A.155.010 through 28A.155.100. The legislature may
appropriate funds to be distributed to school districts for population factors such as urban costs, enrollment fluctuations
and for special programs, including but not limited to, voca[Title 28A RCW—page 12]
28A.150.390 Appropriations for special education
programs. The superintendent of public instruction shall
submit to each regular session of the legislature during an
odd-numbered year a programmed budget request for special
education programs for students with disabilities. Funding
for programs operated by local school districts shall be on an
excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through
RCW 28A.150.250, 28A.150.260, federal medical assistance
and private funds accruing under RCW 74.09.5249 through
74.09.5253 and 74.09.5254 through 74.09.5256, and other
state and local funds, excluding special excess levies. [1995
c 77 § 6; 1994 c 180 § 8; 1993 c 149 § 9; 1990 c 33 § 116;
1989 c 400 § 2; 1980 c 87 § 5; 1971 ex.s. c 66 § 11. Formerly
RCW 28A.41.053.]
(2004 Ed.)
Special Education
Conflict with federal requirements—Severability—1994 c 180: See
notes following RCW 74.09.5243.
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
Intent—1989 c 400: "The legislature finds that there is increasing
demand for school districts' special education programs to include medical
services necessary for handicapped children's participation and educational
progress. In some cases, these services could qualify for federal funding
under Title XIX of the social security act. The legislature intends to establish
a process for school districts to obtain reimbursement for eligible services
from medical assistance funds. In this way, state dollars for handicapped
education can be leveraged to generate federal matching funds, thereby
increasing the overall level of resources available for school districts' special
education programs." [1989 c 400 § 1.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.150.400
28A.150.400 Apportionment factors to be based on
current figures—Rules and regulations. State and county
funds which may become due and apportionable to school
districts shall be apportioned in such a manner that any
apportionment factors used shall utilize data and statistics
derived in the school year that such funds are paid: PROVIDED, That the superintendent of public instruction may
make necessary administrative provision for the use of estimates, and corresponding adjustments to the extent necessary: PROVIDED FURTHER, That as to those revenues
used in determining the amount of state funds to be apportioned to school districts pursuant to RCW 28A.150.250, any
apportionment factors shall utilize data and statistics derived
in an annual period established pursuant to rules and regulations promulgated by the superintendent of public instruction
in cooperation with the department of revenue. [1990 c 33 §
117; 1972 ex.s. c 26 § 3; 1969 ex.s. c 223 § 28A.41.055.
Prior: 1955 c 350 § 1. Formerly RCW 28A.41.055,
28.41.055.]
Severability—1972 ex.s. c 26: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1972 ex.s. c 26 § 4.]
Chapter 28A.155
(b) The credits were used in generating state salary allocations before January 1, 1992. [2002 c 353 § 1; 1997 c 141
§ 1; 1990 c 33 § 118; 1989 1st ex.s. c 16 § 1; 1987 3rd ex.s. c
1 § 4; 1987 1st ex.s. c 2 § 204. Formerly RCW 28A.41.112.]
Effective date—2002 c 353: "This act takes effect September 1, 2002."
[2002 c 353 § 3.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.150.420
28A.150.420 Reimbursement for classes provided
outside regular school year. The superintendent of public
instruction shall establish procedures to allow school districts
to claim basic education allocation funds for students attending classes that are provided outside the regular school year
to the extent such attendance is in lieu of attendance during
the regular school year: PROVIDED, That nothing in this
section shall be construed to alter the basic education allocation for which the district is otherwise eligible. [1989 c 233
§ 10. Formerly RCW 28A.41.172.]
28A.150.500
28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—Advice on current job needs. (1) Each local education agency or college district offering vocational educational
programs shall establish local advisory committees to provide that agency or district with advice on current job needs
and on the courses necessary to meet these needs.
(2) The local program committees shall:
(a) Participate in the determination of program goals;
(b) Review and evaluate program curricula, equipment,
and effectiveness;
(c) Include representatives of business and labor who
reflect the local industry, and the community; and
(d) Actively consult with other representatives of business, industry, labor, and agriculture. [1991 c 238 § 76.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.150.510
28A.150.410
28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits. (1) The legislature shall establish for each
school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to
distribute funds for basic education certificated instructional
staff salaries under RCW 28A.150.260.
(2) Salary allocations for state-funded basic education
certificated instructional staff shall be calculated by the
superintendent of public instruction by determining the district's average salary for certificated instructional staff, using
the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus
appropriations act.
(3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the
baccalaureate degree may be used to determine compensation
allocations under the state salary allocation schedule and
LEAP documents referenced in the omnibus appropriations
act, or any replacement schedules and documents, unless:
(a) The employee has a masters degree; or
(2004 Ed.)
28A.150.510 Release of education records to department of social and health services. In order to effectively
serve students who are under the jurisdiction of the juvenile
justice system as dependent pursuant to chapter 13.34 RCW,
education records shall be released upon request to the
department of social and health services provided that the
department of social and health services certifies that it will
not disclose to any other party the education records without
prior written consent of the parent or student unless authorized to disclose the records under state law. The department
of social and health services is authorized to disclose education records it obtains pursuant to this section to a foster parent, guardian, or other entity authorized by the department of
social and health services to provide residential care to the
student. [2000 c 88 § 1.]
Chapter 28A.155
Chapter 28A.155 RCW
SPECIAL EDUCATION
Sections
28A.155.010
28A.155.020
Purpose.
Administrative section or unit for the education of children
with disabling conditions—"Children with disabilities"
[Title 28A RCW—page 13]
28A.155.010
28A.155.030
28A.155.040
28A.155.045
28A.155.050
28A.155.060
28A.155.070
28A.155.080
28A.155.090
28A.155.100
28A.155.105
28A.155.115
28A.155.140
28A.155.160
Title 28A RCW: Common School Provisions
and "appropriate education" defined—Approval when
child under jurisdiction of juvenile court.
Division administrative officer—Appointment—Duties.
Authority of districts—Participation of department of social
and health services.
Certificate of individual achievement.
Aid for children unable to attend school—Apportionment—
Allocations from state excess funds.
District authority to contract with approved agencies—
Approval standards.
Services to children of preschool age with disabilities—
Apportionment—Allocations from state excess cost
funds.
Appeal from superintendent's denial of educational program.
Superintendent of public instruction's duty and authority.
Sanctions applied to noncomplying districts.
Braille instruction—Definitions.
Braille instruction—Assessment—Provision in student's
curriculum.
Curriculum-based assessment procedures for programs for
children with handicapping conditions.
Assistive devices—Transfer for benefit of children with
disabilities—Record, inventory.
28A.155.010 Purpose. It is the purpose of RCW
28A.155.010 through 28A.155.100, 28A.160.030, and
28A.150.390 to ensure that all children with disabilities as
defined in RCW 28A.155.020 shall have the opportunity for
an appropriate education at public expense as guaranteed to
them by the Constitution of this state. [1995 c 77 § 7; 1990 c
33 § 120; 1971 ex.s. c 66 § 1. Formerly RCW 28A.13.005.]
28A.155.010
Severability—1971 ex.s. c 66: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 66 § 13.]
Effective date—1971 ex.s. c 66: "This 1971 amendatory act will take
effect July 1, 1973." [1971 ex.s. c 66 § 14.]
needs, abilities, and limitations of the children with disabilities. School districts are strongly encouraged to provide
parental training in the care and education of the children and
to involve parents in the classroom.
Nothing in this section shall prohibit the establishment or
continuation of existing cooperative programs between
school districts or contracts with other agencies approved by
the superintendent of public instruction, which can meet the
obligations of school districts to provide education for children with disabilities, or prohibit the continuation of needed
related services to school districts by the department of social
and health services.
This section shall not be construed as in any way limiting
the powers of local school districts set forth in RCW
28A.155.070.
No child shall be removed from the jurisdiction of juvenile court for training or education under RCW 28A.155.010
through 28A.155.100 without the approval of the superior
court of the county. [1995 c 77 § 8; 1990 c 33 § 121; 1985 c
341 § 4; 1984 c 160 § 1; 1971 ex.s. c 66 § 2; 1969 ex.s. c 2 §
2; 1969 ex.s. c 223 § 28A.13.010. Prior: 1951 c 92 § 1; prior:
(i) 1943 c 120 § 1; Rem. Supp. 1943 § 4679-25. (ii) 1943 c
120 § 2, part; Rem. Supp. 1943 § 4679-26, part. Formerly
RCW 28A.13.010, 28.13.010.]
Effective date—1985 c 341 §§ 4 and 13: "Sections 4 and 13 of this act
shall take effect August 1, 1985." [1985 c 341 § 18.]
Severability—1984 c 160: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 160 § 6.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.020
28A.155.020 Administrative section or unit for the
education of children with disabling conditions—"Children with disabilities" and "appropriate education"
defined—Approval when child under jurisdiction of juvenile court. There is established in the office of the superintendent of public instruction an administrative section or unit
for the education of children with disabling conditions.
Children with disabilities are those children in school or
out of school who are temporarily or permanently retarded in
normal educational processes by reason of physical or mental
disability, or by reason of emotional maladjustment, or by
reason of other disability, and those children who have specific learning and language disabilities resulting from perceptual-motor disabilities, including problems in visual and
auditory perception and integration.
The superintendent of public instruction shall require
each school district in the state to insure an appropriate educational opportunity for all children with disabilities between
the ages of three and twenty-one, but when the twenty-first
birthday occurs during the school year, the educational program may be continued until the end of that school year. The
superintendent of public instruction, by rule, shall establish
for the purpose of excess cost funding, as provided in RCW
28A.150.390, 28A.160.030, and 28A.155.010 through
28A.155.100, functional definitions of the various types of
disabling conditions and eligibility criteria for special education programs for students with disabilities. For the purposes
of RCW 28A.155.010 through 28A.155.100, an appropriate
education is defined as an education directed to the unique
[Title 28A RCW—page 14]
28A.155.030
28A.155.030 Division administrative officer—
Appointment—Duties. The superintendent of public
instruction shall appoint an administrative officer of the division. The administrative officer, under the direction of the
superintendent of public instruction, shall coordinate and
supervise the program of special education for eligible children with disabilities in the school districts of the state. He or
she shall cooperate with the educational service district
superintendents and local school district superintendents and
with all other interested school officials in ensuring that all
school districts provide an appropriate educational opportunity for all children with disabilities and shall cooperate with
the state secretary of social and health services and with
county and regional officers on cases where medical examination or other attention is needed. [1995 c 77 § 9; 1990 c 33
§ 122; 1975 1st ex.s. c 275 § 52; 1972 ex.s. c 10 § 1. Prior:
1971 ex.s. c 66 § 3; 1971 c 48 § 3; 1969 ex.s. c 223 §
28A.13.020; prior: 1943 c 120 § 3; Rem. Supp. 1943 §
4679-27. Formerly RCW 28A.13.020, 28.13.020.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.040
28A.155.040 Authority of districts—Participation of
department of social and health services. The board of
directors of each school district, for the purpose of compliance with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100, shall
cooperate with the superintendent of public instruction and
(2004 Ed.)
Special Education
with the administrative officer and shall provide an appropriate educational opportunity and give other appropriate aid
and special attention to children with disabilities in regular or
special school facilities within the district or shall contract for
such services with other agencies as provided in RCW
28A.155.060 or shall participate in an interdistrict arrangem e n t i n a c c o r d a n c e w i t h R C W 2 8 A . 3 3 5 .1 6 0 a n d
28A.225.220 and/or 28A.225.250 and 28A.225.260.
In carrying out their responsibilities under this chapter,
school districts severally or jointly with the approval of the
superintendent of public instruction are authorized to establish, operate, support and/or contract for residential schools
and/ or homes approved by the department of social and
health services for aid and special attention to children with
disabilities.
The cost of board and room in facilities approved by the
department of social and health services shall be provided by
the department of social and health services for those students with disabilities eligible for such aid under programs of
the department. The cost of approved board and room shall
be provided for those students with disabilities not eligible
under programs of the department of social and health services but deemed in need of the same by the superintendent
of public instruction: PROVIDED, That no school district
shall be financially responsible for special aid programs for
students who are attending residential schools operated by
the department of social and health services: PROVIDED
FURTHER, That the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100 shall
not preclude the extension by the superintendent of public
instruction of special education opportunities to children with
disabilities in residential schools operated by the department
of social and health services. [1995 c 77 § 10; 1990 c 33 §
123; 1971 ex.s. c 66 § 4; 1969 ex.s. c 223 § 28A.13.030.
Prior: 1959 c 122 § 1; 1953 c 135 § 1; 1943 c 120 § 4; Rem.
Supp. 1943 § 4679-28. Formerly RCW 28A.13.030,
28.13.030.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.045
28A.155.045 Certificate of individual achievement.
Beginning with the graduating class of 2008, students served
under this chapter, who are not appropriately assessed by the
high school Washington assessment system as defined in
RCW 28A.655.061, even with accommodations, may earn a
certificate of individual achievement. The certificate may be
earned using multiple ways to demonstrate skills and abilities
commensurate with their individual education programs.
The determination of whether the high school assessment
system is appropriate shall be made by the student's individual education program team. For these students, the certificate of individual achievement is required for graduation
from a public high school, but need not be the only requirement for graduation. When measures other than the high
school assessment system as defined in RCW 28A.655.061
are used, the measures shall be in agreement with the appropriate educational opportunity provided for the student as
required by this chapter. The superintendent of public
instruction shall develop the guidelines for determining
which students should not be required to participate in the
(2004 Ed.)
28A.155.070
high school assessment system and which types of assessments are appropriate to use.
When measures other than the high school assessment
system as defined in RCW 28A.655.061 are used for high
school graduation purposes, the student's high school transcript shall note whether that student has earned a certificate
of individual achievement.
Nothing in this section shall be construed to deny a student the right to participation in the high school assessment
system as defined in RCW 28A.655.061, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement. [2004 c 19 § 104.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
28A.155.050
28A.155.050 Aid for children unable to attend
school—Apportionment—Allocations from state excess
funds. Any child who is not able to attend school and who is
eligible for special excess cost aid programs authorized under
RCW 28A.155.010 through 28A.155.100 shall be given such
aid at home or at such other place as determined by the board
of directors of the school district in which such child resides.
Any school district within which such a child resides shall
thereupon be granted regular apportionment of state and
county school funds and, in addition, allocations from state
excess funds made available for such special services for
such period of time as such special aid program is given:
PROVIDED, That should such child or any other child with
disabilities attend and participate in a special aid program
operated by another school district in accordance with the
provisions of RCW 28A.225.210, 28A.225.220, and/ or
28A.225.250, such regular apportionment shall be granted to
the receiving school district, and such receiving school district shall be reimbursed by the district in which such student
resides in accordance with rules adopted by the superintendent of public instruction for the entire approved excess cost
not reimbursed from such regular apportionment. [1995 c 77
§ 11; 1990 c 33 § 124; 1971 ex.s. c 66 § 5; 1969 ex.s. c 223 §
28A.13.040. Prior: 1943 c 120 § 5; Rem. Supp. 1943 §
4679-29. Formerly RCW 28A.13.040, 28.13.040.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.060
28A.155.060 District authority to contract with
approved agencies—Approval standards. For the purpose
of carrying out the provisions of RCW 28A.155.020 through
28A.155.050, the board of directors of every school district
shall be authorized to contract with agencies approved by the
state board of education for operating special education programs for students with disabilities. Approval standards for
such agencies shall conform substantially with those promulgated for approval of special education aid programs in the
common schools. [1995 c 77 § 12; 1990 c 33 § 125; 1971
ex.s. c 66 § 6. Formerly RCW 28A.13.045.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.070
28A.155.070 Services to children of preschool age
with disabilities—Apportionment—Allocations from
state excess cost funds. Special educational and training
programs provided by the state and the school districts
[Title 28A RCW—page 15]
28A.155.080
Title 28A RCW: Common School Provisions
thereof for children with disabilities may be extended to
include children of preschool age. School districts which
extend such special programs to children of preschool age
shall be entitled to the regular apportionments from state and
county school funds, as provided by law, and in addition to
allocations from state excess cost funds made available for
such special services for those children with disabilities who
are given such special services. [1995 c 77 § 13; 1971 ex.s. c
66 § 7; 1969 ex.s. c 223 § 28A.13.050. Prior: 1951 c 92 § 2;
1949 c 186 § 1; Rem. Supp. 1949 § 4901-3. Formerly RCW
28A.13.050, 28.13.050.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
sisten t with the p rov is io ns of RC W 28A.150 .39 0,
28A.160.030, and 28A.155.010 through 28A.155.100. If the
superintendent of public instruction shall decide otherwise he
o r sh e s h a ll a p pl y san c t io n s a s p r o vi d e d in R CW
28A.155.100 until such time as the school district assures
compliance with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100; and
(7) Promulgate such rules as are necessary to implement
the several provisions of RCW 28A.150.390, 28A.160.030,
and 28A.155.010 through 28A.155.100 and to ensure educational opportunities within the common school system for all
children with disabilities who are not institutionalized. [1995
c 77 § 15; 1990 c 33 § 127; 1985 c 341 § 5; 1971 ex.s. c 66 §
9. Formerly RCW 28A.13.070.]
28A.155.080
28A.155.080 Appeal from superintendent's denial of
educational program. Where a child with disabilities as
defined in RCW 28A.155.020 has been denied the opportunity of an educational program by a local school district
superintendent under the provisions of RCW 28A.225.010,
or for any other reason there shall be an affirmative showing
by the school district superintendent in a writing directed to
the parents or guardian of such a child within ten days of such
decision that
(1) No agency or other school district with whom the district may contract under RCW 28A.155.040 can accommodate such child, and
(2) Such child will not benefit from an alternative educational opportunity as permitted under RCW 28A.155.050.
There shall be a right of appeal by the parent or guardian
of such child to the superintendent of public instruction pursuant to procedures established by the superintendent and in
accordance with RCW 28A.155.090. [1995 c 77 § 14; 1990
c 33 § 126; 1971 ex.s. c 66 § 8. Formerly RCW 28A.13.060.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.090
28A.155.090 Superintendent of public instruction's
duty and authority. The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with disabling conditions, to:
(1) Assist school districts in the formation of total school
programs to meet the needs of children with disabilities;
(2) Develop interdistrict cooperation programs for children with disabilities as authorized in RCW 28A.225.250;
(3) Provide, upon request, to parents or guardians of children with disabilities, information as to the special education
programs for students with disabilities offered within the
state;
(4) Assist, upon request, the parent or guardian of any
child with disabilities in the placement of any child with disabilities who is eligible for but not receiving special educational aid for children with disabilities;
(5) Approve school district and agency programs as
being eligible for special excess cost financial aid to children
with disabilities;
(6) Adjudge, upon appeal by a parent or guardian of a
child with disabilities who is not receiving an educational
program, whether the decision of a local school district superintendent under RCW 28A.155.080 to exclude such child
with disabilities was justified by the available facts and con[Title 28A RCW—page 16]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.100
28A.155.100 Sanctions applied to noncomplying districts. The superintendent of public instruction is hereby
authorized and directed to establish appropriate sanctions to
be applied to any school district of the state failing to comply
with the provisions of RCW 28A.150.390, 28A.160.030, and
28A.155.010 through 28A.155.100 to be applied beginning
upon the effective date thereof, which sanctions shall include
withholding of any portion of state aid to such district until
such time as compliance is assured. [1990 c 33 § 128; 1971
ex.s. c 66 § 12. Formerly RCW 28A.13.080.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.105
28A.155.105 Braille instruction—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply in RCW 28A.155.115.
(1) "Student" means a student who:
(a) Has a visual acuity of 20/200 or less in the better eye
with conventional correction or having a limited field of
vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees;
(b) Is unable to read printed material at a competitive
rate with facility due to functional visual impairment or lack
of visual acuity; or
(c) Has a physical condition with a medical prognosis of
a significant visual deterioration to the extent that (a) or (b) of
this subsection could apply.
(2) "Braille" means the system of reading and writing
through touch commonly known as standard English Braille.
[1996 c 135 § 2.]
Findings—1996 c 135: "It is the goal of the legislature to encourage
persons who are blind or visually impaired to participate fully in the social
and economic life of the state and to engage in remunerative employment.
The legislature finds that literacy is essential to the achievement of this goal.
Furthermore, the legislature finds that literacy for most persons who are
blind or visually impaired means the ability to read and write Braille with
proficiency. The legislature sets as a further goal that students who are
legally blind or visually impaired shall be given the opportunity to learn
Braille in order to communicate effectively and efficiently." [1996 c 135 §
1.]
28A.155.115
28A.155.115 Braille instruction—Assessment—Provision in student's curriculum. (1) Each student shall be
assessed individually to determine the appropriate learning
media for the student including but not limited to Braille.
(2004 Ed.)
Student Transportation
(2) No student may be denied the opportunity for instruction in Braille reading and writing solely because the student
has some remaining vision.
(3) This section does not require the exclusive use of
Braille if there are other special education services to meet
the student's educational needs. The provision of special education or other services does not preclude Braille use or
instruction.
(4) If a student's individualized learning media assessment indicates that Braille is an appropriate learning medium,
instruction in Braille shall be provided as a part of such student's educational curriculum and if such student has an individualized education program, such instruction shall be provided as part of that program.
(5) If Braille will not be provided to a student, the reason
for not incorporating it in the student's individualized education program shall be documented in such plan. If no individualized education program exists, such documentation,
signed by the parent or guardian, shall be placed in the student's file. [1996 c 135 § 3.]
Findings—1996 c 135: See note following RCW 28A.155.105.
28A.155.140
28A.155.140 Curriculum-based assessment procedures for programs for children with handicapping conditions. School districts may use curriculum-based assessment procedures as measures for developing academic early
intervention programs and curriculum planning: PROVIDED, That the use of curriculum-based assessment procedures shall not deny a student the right to an assessment to
determine eligibility or participation in learning disabilities
programs as provided by RCW 28A.155.010 through
28A.155.100. [1991 c 116 § 4; 1990 c 33 § 131; 1987 c 398
§ 1. Formerly RCW 28A.03.367.]
28A.155.160
28A.155.160 Assistive devices—Transfer for benefit
of children with disabilities—Record, inventory. Notwithstanding any other provision of law, the office of the
superintendent of public instruction, the Washington state
school for the deaf, the Washington state school for the blind,
school districts, educational service districts, and all other
state and local government educational agencies and the
department of services for the blind, the department of social
and health services, and all other state and local government
agencies concerned with the care, education, or habilitation
or rehabilitation of children with disabilities may enter into
interagency cooperative agreements for the purpose of providing assistive technology devices and services to children
with disabilities. Such arrangements may include but are not
limited to interagency agreements for the acquisition, including joint funding, maintenance, loan, sale, lease, or transfer of
assistive technology devices and for the provision of assistive
technology services including but not limited to assistive
technology assessments and training.
For the purposes of this section, "assistive device" means
any item, piece of equipment, or product system, whether
acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional
capabilities of children with disabilities. The term "assistive
technology service" means any service that directly assists a
child with a disability in the selection, acquisition, or use of
(2004 Ed.)
Chapter 28A.160
an assistive technology device. Assistive technology service
includes:
(1) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the
child's customary environment;
(2) Purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by children with
disabilities;
(3) Selecting, designing, fitting, customizing, adapting,
applying, retaining, repairing, or replacing of assistive technology devices;
(4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as
those associated with existing education and rehabilitation
plans and programs;
(5) Training or technical assistance for a child with a disability or if appropriate, the child's family; and
(6) Training or technical assistance for professionals,
including individuals providing education and rehabilitation
services, employers, or other individuals who provide services to, employ, or are otherwise substantially involved in
the major life functions of children with disabilities. [1997 c
104 § 3.]
Chapter 28A.160
Chapter 28A.160 RCW
STUDENT TRANSPORTATION
Sections
28A.160.010 Operation of student transportation program—Responsibility
of local district—Scope—Transporting of elderly—Insurance.
28A.160.020 Authorization for private school students to ride buses—
Conditions.
28A.160.030 Authorizing individual transportation or other arrangements.
28A.160.040 Lease of buses to transport children with disabilities and elderly—Limitation.
28A.160.050 Lease of buses to transport children with disabilities and elderly—Directors to authorize.
28A.160.060 Lease of buses to transport children with disabilities and elderly—Lease at local level—Criteria.
28A.160.070 Lease of buses to transport children with disabilities and elderly—Elderly persons defined—Program limitation.
28A.160.080 School buses, rental or lease for emergency purposes—
Authorization.
28A.160.090 School buses, rental or lease for emergency purposes—Board
to determine district policy—Conditions if rent or lease.
28A.160.100 School buses, transport of general public to interscholastic
activities—Limitations.
28A.160.110 School buses, authorization for parent, guardian or custodian
of a student to ride—Limitations.
28A.160.115 Bus routes.
28A.160.120 Agreements with other governmental entities for transportation of public or other noncommon school purposes—
Limitations.
28A.160.130 Transportation vehicle fund—Deposits in—Use—Rules for
establishment and use.
28A.160.140 Contract for pupil transportation services with private nongovernmental entity—Competitive bid procedures.
28A.160.150 Student transportation allocation—Operating costs, determination and funding.
28A.160.160 Student transportation allocation—Definitions.
28A.160.170 Student transportation allocation—District's annual report to
superintendent.
28A.160.180 Student transportation allocation—Allocation rates, adjustment—District-owned passenger cars—Report.
28A.160.190 Student transportation allocation—Notice—Revised eligible
student data, when—Allocation payments, amounts,
when.
28A.160.195 Vehicle acquisition—School bus categories—Competitive
specifications—Purchase—Reimbursement—Rules.
28A.160.200 Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule.
[Title 28A RCW—page 17]
28A.160.010
Title 28A RCW: Common School Provisions
28A.160.210 School bus drivers, training and qualifications—Rules and
regulations for.
28A.160.800 Biodiesel fuel pilot project—Findings.
28A.160.802 Biodiesel fuel pilot project—Intent.
28A.160.804 Biodiesel fuel pilot project—Report.
28A.160.806 Biodiesel fuel pilot project—Definitions.
Age limit for bus drivers: RCW 46.20.045.
Rules for design, marking, operations: RCW 46.61.380.
School buses—Crossing arms: RCW 46.37.620.
Signs required: RCW 46.37.193.
Stop signal and lamps: RCW 46.37.190.
28A.160.010
28A.160.010 Operation of student transportation
program—Responsibility of local district—Scope—
Transporting of elderly—Insurance. The operation of
each local school district's student transportation program is
declared to be the responsibility of the respective board of
directors, and each board of directors shall determine such
matters as which individual students shall be transported and
what routes shall be most efficiently utilized. State moneys
allocated to local districts for student transportation shall be
spent only for student transportation activities, but need not
be spent by the local district in the same manner as calculated
and allocated by the state.
A school district is authorized to provide for the transportation of students enrolled in the school or schools of the
district both in the case of students who reside within the
boundaries of the district and of students who reside outside
the boundaries of the district.
When children are transported from one school district to
another the board of directors of the respective districts may
enter into a written contract providing for a division of the
cost of such transportation between the districts.
School districts may use school buses and drivers hired
by the district or commercial chartered bus service for the
transportation of school children and the school employees
necessary for their supervision to and from any school activities within or without the school district during or after
school hours and whether or not a required school activity, so
long as the school board has officially designated it as a
school activity. For any extra-curricular uses, the school
board shall charge an amount sufficient to reimburse the district for its cost.
In addition to the right to contract for the use of buses
provided in RCW 28A.160.080 and 28A.160.090, any school
district may contract to furnish the use of school buses of that
district to other users who are engaged in conducting an educational or recreational program supported wholly or in part
by tax funds or programs for elderly persons at times when
those buses are not needed by that district and under such
terms as will fully reimburse such school district for all costs
related or incident thereto: PROVIDED, HOWEVER, That
no such use of school district buses shall be permitted except
where other public or private transportation certificated or
licensed by the Washington utilities and transportation commission is not reasonably available to the user: PROVIDED
FURTHER, That no user shall be required to accept any charter bus for services which the user believes might place the
health or safety of the children or elderly persons in jeopardy.
Whenever any persons are transported by the school district in its own motor vehicles and by its own employees, the
board may provide insurance to protect the district against
[Title 28A RCW—page 18]
loss, whether by reason of theft, fire or property damage to
the motor vehicle or by reason of liability of the district to
persons from the operation of such motor vehicle.
The board may provide insurance by contract purchase
for payment of hospital and medical expenses for the benefit
of persons injured while they are on, getting on, or getting off
any vehicles enumerated herein without respect to any fault
or liability on the part of the school district or operator. This
insurance may be provided without cost to the persons notwithstanding the provisions of RCW 28A.400.350.
If the transportation of children or elderly persons is
arranged for by contract of the district with some person, the
board may require such contractor to procure such insurance
as the board deems advisable. [1990 c 33 § 132; 1986 c 32 §
1; 1983 1st ex.s. c 61 § 1; 1981 c 265 § 10; 1980 c 122 § 2;
1973 c 45 § 1; 1971 c 24 § 3; 1969 ex.s. c 153 § 3; 1969 ex.s.
c 223 § 28A.24.055. Prior: (i) 1969 c 53 § 1; 1967 ex.s. c 29
§ 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c
104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c
237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part; prior:
1943 c 52 § 1, part; 1941 c 179 § 1, part; 1939 c 131 § 1, part;
1925 ex.s. c 57 § 1, part; 1919 c 90 § 3, part; 1915 c 44 § 1,
part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part; 1903 c
104 § 17, part; Rem. Supp. 1943 § 4776, part. Formerly RCW
28.58.100, part. (ii) 1965 ex.s. c 86 § 1. Formerly RCW
28A.24.055, 28.58.421.]
Severability—1983 1st ex.s. c 61: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 61 § 9.]
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
Elderly persons defined—Program limitation: RCW 28A.160.070.
28A.160.020 Authorization for private school students to ride buses—Conditions. Every school district
board of directors may authorize children attending a private
school approved in accordance with RCW 28A.195.010 to
ride a school bus or other student transportation vehicle to
and from school so long as the following conditions are met:
(1) The board of directors shall not be required to alter
those bus routes or stops established for transporting public
school students;
(2) Private school students shall be allowed to ride on a
seat-available basis only; and
(3) The board of directors shall charge an amount sufficient to reimburse the district for the actual per seat cost of
providing such transportation. [1990 c 33 § 133; 1981 c 307
§ 1. Formerly RCW 28A.24.065.]
28A.160.020
Severability—1981 c 307: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 307 § 2.]
28A.160.030 Authorizing individual transportation
or other arrangements. Individual transportation, board
and room, and other arrangements may be authorized or provided and, in whole or part, paid for or reimbursed by a
school district, when approved by the educational service district superintendent or his or her designee pursuant to rules
promulgated by the superintendent of public instruction for
that purpose: PROVIDED, That the total of payments for
28A.160.030
(2004 Ed.)
Student Transportation
board and room and transportation incidental thereto shall not
exceed the amount which would otherwise be paid for such
individual transportation. [1981 c 265 § 11; 1977 c 80 § 2;
1971 ex.s. c 66 § 10; 1969 ex.s. c 223 § 28A.24.100. Prior:
1965 ex.s. c 154 § 9. Form erly RCW 28A.24.100,
28.24.100.]
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
Severability—1977 c 80: "If any provision of this 1977 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 c 80 § 5.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.160.040
28A.160.040 Lease of buses to transport children
with disabilities and elderly—Limitation. The directors of
school districts are authorized to lease school buses to nonprofit organizations to transport children with disabilities and
elderly persons to and from the site of activities or programs
deemed beneficial to such persons by such organizations:
PROVIDED, That commercial bus transportation is not reasonably available for such purposes. [1995 c 77 § 16; 1973 c
45 § 2; 1971 c 78 § 1. Formerly RCW 28A.24.110.]
Elderly persons defined—Program limitation: RCW 28A.160.070.
28A.160.050
28A.160.050 Lease of buses to transport children
with disabilities and elderly—Directors to authorize. The
directors of school districts may authorize leases under RCW
28A.160.040 through 28A.160.060: PROVIDED, That such
leases do not conflict with regular school purposes. [1990 c
33 § 134; 1971 c 78 § 2. Formerly RCW 28A.24.111.]
28A.160.060
28A.160.060 Lease of buses to transport children
with disabilities and elderly—Lease at local level—Criteria. The lease of the equipment shall be handled by the
school directors at a local level. The school directors may
establish criteria for bus use and lease, including, but not limited to, minimum costs, and driver requirements. [1971 c 78
§ 3. Formerly RCW 28A.24.112.]
28A.160.070
28A.160.070 Lease of buses to transport children
with disabilities and elderly—Elderly persons defined—
Program limitation. For purposes of RCW 28A.160.010
and 28A.160.040, "elderly person" shall mean a person who
is at least sixty years of age. No school district funds may be
used for the operation of such a program. [1990 c 33 § 135;
1973 c 45 § 3. Formerly RCW 28A.24.120.]
28A.160.110
Conditions if rent or lease. Each school district board shall
determine its own policy as to whether or not its school buses
will be ren ted or leased for the pur poses of RCW
28A.160.080, and if the board decision is to rent or lease,
under what conditions, subject to the following:
(1) Such renting or leasing may take place only after the
director of community, trade, and economic development or
any of his or her agents so authorized has, at the request of an
involved governmental agency, declared that an emergency
exists in a designated area insofar as the need for additional
transport is concerned.
(2) The agency renting or leasing the school buses must
agree, in writing, to reimburse the school district for all costs
and expenses related to their use and also must provide an
indemnity agreement protecting the district against any type
of claim or legal action whatsoever, including all legal costs
incident thereto. [1995 c 399 § 20; 1990 c 33 § 137; 1986 c
266 § 21; 1985 c 7 § 88; 1974 ex.s. c 171 § 1; 1971 c 24 § 2.
Formerly RCW 28A.24.172.]
Severability—1986 c 266: See note following RCW 38.52.005.
28A.160.100
28A.160.100 School buses, transport of general public to interscholastic activities—Limitations. In addition to
the authority otherwise provided in RCW 28A.160.010
through 28A.160.120 to school districts for the transportation
of persons, whether school children, school personnel, or otherwise, any school district authorized to use school buses and
drivers hired by the district for the transportation of school
children to and from a school activity, along with such school
employees as necessary for their supervision, shall, if such
school activity be an interscholastic activity, be authorized to
transport members of the general public to such event and utilize the school district's buses, transportation equipment and
facilities, and employees therefor: PROVIDED, That provision shall be made for the reimbursement and payment to the
school district by such members of the general public of not
less than the district's actual costs and the reasonable value of
the use of the district's buses and facilities provided in connection with such transportation: PROVIDED FURTHER,
That wherever private transportation certified or licensed by
the utilities and transportation commission or public transportation is reasonably available as determined by rule and
regulation of the state board of education, this section shall
not apply. [1990 c 33 § 138; 1980 c 91 § 1. Formerly RCW
28A.24.175.]
28A.160.110
28A.160.080
28A.160.080 School buses, rental or lease for emergency purposes—Authorization. It is the intent of the legislature and the purpose of RCW 28A.160.010, 28A.160.080,
and 28A.160.090 that in the event of major forest fires,
floods, or other natural emergencies that boards of directors
of school districts, in their discretion, may rent or lease
school buses to governmental agencies for the purposes of
transporting personnel, supplies and/or evacuees. [1990 c 33
§ 136; 1971 c 24 § 1. Formerly RCW 28A.24.170.]
28A.160.090
28A.160.090 School buses, rental or lease for emergency purposes—Board to determine district policy—
(2004 Ed.)
28A.160.110 School buses, authorization for parent,
guardian or custodian of a student to ride—Limitations.
Every school district board of directors may authorize any
parent, guardian or custodian of a student enrolled in the district to ride a school bus or other student transportation vehicle at the request of school officials or employees designated
by the board: PROVIDED, That excess seating space is
available on the vehicle after the transportation needs of students have been met: PROVIDED FURTHER, That private
or other public transportation of the parent, guardian or custodian is not reasonable in the board's judgment. [1980 c 122
§ 1. Formerly RCW 28A.24.178.]
[Title 28A RCW—page 19]
28A.160.115
Title 28A RCW: Common School Provisions
28A.160.115
28A.160.115 Bus routes. On highways divided into
separate roadways as provided in RCW 46.61.150 and highways with three or more marked traffic lanes, public school
district bus routes and private school bus routes shall serve
each side of the highway so that students do not have to cross
the highway, unless there is a traffic control signal as defined
in RCW 46.04.600 or an adult crossing guard within three
hundred feet of the bus stop to assist students while crossing
such multiple-lane highways. [1990 c 241 § 11.]
28A.160.120
28A.160.120 Agreements with other governmental
entities for transportation of public or other noncommon
school purposes—Limitations. Any school district board of
directors or any intermediate school district board may enter
into agreements pursuant to chapter 39.34 RCW or chapter
35.58 RCW, as now or hereafter amended, with any city,
town, county, metropolitan municipal corporation, and any
federal or other state governmental entity, or any combination of the foregoing, for the purpose of providing for the
transportation of students and/or members of the public
through the use, in whole or part, of the school district's
buses, transportation equipment and facilities, and employees: PROVIDED, That any agreement entered into for purposes of transportation pursuant to this section shall conform
with the provisions of RCW 35.58.250 where applicable and
shall provide for the reimbursement and payment to the
school district of not less than the district's actual costs and
the reasonable value of the use of the district's buses, and
transportation equipment and supplies which are incurred and
otherwise provided in connection with the transportation of
members of the public or other noncommon school purposes:
PROVIDED FURTHER, That wherever public transportation, or private transportation certified or licensed by the
Washington utilities and transportation commission is not
reasonably available, the school district or intermediate
school district may transport members of the public so long
as they are reimbursed for the cost of such transportation, and
such transportation has been approved by any metropolitan
municipal corporation performing public transportation pursuant to chapter 35.58 RCW in the area to be served by the
district. [1974 ex.s. c 93 § 1. Formerly RCW 28A.24.180.]
28A.160.130
28A.160.130 Transportation vehicle fund—Deposits
in—Use—Rules for establishment and use. (1) There is
created a fund on deposit with each county treasurer for each
school district of the county, which shall be known as the
transportation vehicle fund. Money to be deposited into the
transportation vehicle fund shall include, but is not limited to,
the following:
(a) The balance of accounts held in the general fund of
each school district for the purchase of approved transportation equipment and for major transportation equipment
repairs under RCW 28A.150.280. The amount transferred
shall be the balance of the account as of September 1, 1982;
(b) Reimbursement payments provided for in RCW
2 8 A. 1 6 0 . 2 0 0 e x c e p t t h o se p r o v id e d u n d e r * R C W
28A.160.200(4) that are necessary for contracted payments to
private carriers;
(c) Earnings from transportation vehicle fund investments as authorized in RCW 28A.320.300; and
[Title 28A RCW—page 20]
(d) The district's share of the proceeds from the sale of
transportation vehicles, as determined by the superintendent
of public instruction.
(2) Funds in the transportation vehicle fund may be used
for the following purposes:
(a) Purchase of pupil transportation vehicles pursuant to
RCW 28A.160.200 and 28A.150.280;
(b) Payment of conditional sales contracts as authorized
in RCW 28A.335.200 or payment of obligations authorized
in RCW 28A.530.080, entered into or issued for the purpose
of pupil transportation vehicles;
(c) Major repairs to pupil transportation vehicles.
The superintendent of public instruction shall adopt rules
which shall establish the standards, conditions, and procedures governing the establishment and use of the transportation vehicle fund. The rules shall not permit the transfer of
funds from the transportation vehicle fund to any other fund
of the district. [1991 c 114 § 2; 1990 c 33 § 139; 1981 c 265
§ 7. Formerly RCW 28A.58.428.]
*Reviser's note: RCW 28A.160.200 was amended by 1995 1st sp.s. c
10 § 2, changing subsection (4) to subsection (3).
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
28A.160.140 Contract for pupil transportation services with private nongovernmental entity—Competitive
bid procedures. As a condition of entering into a pupil
transportation services contract with a private nongovernmental entity, each school district shall engage in an open
competitive process at least once every five years. This
requirement shall not be construed to prohibit a district from
entering into a pupil transportation services contract of less
than five years in duration with a district option to renew,
extend, or terminate the contract, if the district engages in an
open competitive process at least once every five years after
July 26, 1987. As used in this section:
(1) "Open competitive process" means either one of the
following, at the choice of the school district:
(a) The solicitation of bids or quotations and the award
of contracts under RCW 28A.335.190; or
(b) The competitive solicitation of proposals and their
evaluation consistent with the process and criteria recommended or required, as the case may be, by the office of
financial management for state agency acquisition of personal service contractors;
(2) "Pupil transportation services contract" means a contract for the operation of privately owned or school district
owned school buses, and the services of drivers or operators,
management and supervisory personnel, and their support
personnel such as secretaries, dispatchers, and mechanics, or
any combination thereof, to provide students with transportation to and from school on a regular basis; and
(3) "School bus" means a motor vehicle as defined in
RCW 46.04.521 and under the rules of the superintendent of
public instruction. [1990 c 33 § 140; 1987 c 141 § 2. Formerly RCW 28A.58.133.]
28A.160.140
Severability—1987 c 141: See note following RCW 28A.335.170.
28A.160.150
28A.160.150 Student transportation allocation—
Operating costs, determination and funding. Funds allocated for transportation costs shall be in addition to the basic
(2004 Ed.)
Student Transportation
education allocation. The distribution formula developed in
RCW 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating
specific levels of pupil transportation services by local distr icts. Op er ating co sts as d eterm in ed un der R CW
28A.160.150 through 28A.160.180 shall be funded at one
hundred percent or as close thereto as reasonably possible for
transportation of an eligible student to and from school as
defined in RCW 28A.160.160(3). In addition, funding shall
be provided for transportation services for students living
within one radius mile from school as determined under
RCW 28A.160.180(2). [1996 c 279 § 1; 1990 c 33 § 141;
1983 1st ex.s. c 61 § 2; 1981 c 265 § 1. Formerly RCW
28A.41.505.]
Application—1996 c 279: "This act shall be effective for school transportation programs in the 1996-97 school year and thereafter." [1996 c 279
§ 4.]
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—1981 c 265: "With the exception of sections 8 and 13
of this amendatory act, the effective date of this amendatory act is September
1, 1982. The superintendent of public instruction and the office thereof prior
to the effective date of this amendatory act may take such actions as necessary for the orderly implementation thereof and during such period may
carry out such data collection activities and district notification provisions as
provided for herein." [1981 c 265 § 16.]
Severability—1981 c 265: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 265 § 17.]
28A.160.160
28A.160.160 Student transportation allocation—
Definitions. For purposes of RCW 28A.160.150 through
28A.160.190, except where the context shall clearly indicate
otherwise, the following definitions apply:
(1) "Eligible student" means any student served by the
transportation program of a school district or compensated
for individual transportation arrangements authorized by
RCW 28A.160.030 whose route stop is more than one radius
mile from the student's school, except if the student to be
transported is disabled under RCW 28A.155.020 and is either
not ambulatory or not capable of protecting his or her own
welfare while traveling to or from the school or agency where
special education services are provided, in which case no
mileage distance restriction applies.
(2) "Superintendent" means the superintendent of public
instruction.
(3) "To and from school" means the transportation of
students for the following purposes:
(a) Transportation to and from route stops and schools;
(b) Transportation to and from schools pursuant to an
interdistrict agreement pursuant to RCW 28A.335.160;
(c) Transportation of students between schools and
learning centers for instruction specifically required by statute; and
(d) Transportation of students with disabilities to and
from schools and agencies for special education services.
Extended day transportation shall not be considered part
of transportation of students "to and from school" for the purposes of chapter 61, Laws of 1983 1st ex. sess.
(4) "Transportation services" for students living within
one radius mile from school means school transportation services including the use of buses, funding of crossing guards,
(2004 Ed.)
28A.160.180
and matching funds for local and state transportation projects
intended to mitigate hazardous walking conditions. Priority
for transportation services shall be given to students in grades
kindergarten through five. [1996 c 279 § 2; 1995 c 77 § 17;
1990 c 33 § 142; 1983 1st ex.s. c 61 § 3; 1981 c 265 § 2. Formerly RCW 28A.41.510.]
Application—1996 c 279: See note following RCW 28A.160.150.
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
28A.160.170
28A.160.170 Student transportation allocation—District's annual report to superintendent. Each district shall
submit to the superintendent of public instruction during
October of each year a report containing the following:
(1)(a) The number of eligible students transported to and
from school as provided for in RCW 28A.160.150 for the
current school year and the number of miles estimated to be
driven for pupil transportation services, along with a map
describing student route stop locations and school locations,
and (b) the number of miles driven for pupil transportation
services as authorized in RCW 28A.160.150 the previous
school year; and
(2) Other operational data and descriptions as required
by the superintendent to determine allocation requirements
for each district.
Each district shall submit the information required in this
section on a timely basis as a condition of the continuing
receipt of school transportation moneys. [1990 c 33 § 143;
1983 1st ex.s. c 61 § 4; 1981 c 265 § 3. Formerly RCW
28A.41.515.]
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
28A.160.180
28A.160.180 Student transportation allocation—
Allocation rates, adjustment—District-owned passenger
cars—Report. Each district's annual student transportation
allocation shall be based on differential rates determined by
the superintendent of public instruction in the following manner:
(1) The superintendent shall annually calculate a standard student mile allocation rate for determining the transportation allocation for those services provided for in RCW
28A.160.150. "Standard student mile allocation rate," as used
in this chapter, means the per mile allocation rate for transporting an eligible student. The standard student mile allocation rate may be adjusted to include such additional differential factors as distance; restricted passenger load; circumstances that require use of special types of transportation
vehicles; student with disabilities load; and small fleet maintenance.
(2) For transportation services for students living within
one radius mile from school, the allocation shall be based on
the number of students in grades kindergarten through five
living within one radius mile as specified in the biennial
appropriations act.
(3) The superintendent of public instruction shall annually calculate allocation rate(s), which shall include vehicle
[Title 28A RCW—page 21]
28A.160.190
Title 28A RCW: Common School Provisions
amortization, for determining the transportation allocation
for transporting students in district-owned passenger cars, as
defined in RCW 46.04.382, pursuant to RCW 28A.160.010
for services provided for in RCW 28A.160.150 if a school
district deems it advisable to use such vehicles after the
school district board of directors has considered the safety of
the students being transported as well as the economy of utilizing a district-owned passenger car in lieu of a school bus.
(4) Prior to June 1st of each year the superintendent shall
submit to the office of financial management, and the committees on education and ways and means of the senate and
house of representatives a report outlining the methodology
and rationale used in determining the allocation rates to be
used the following year. [1996 c 279 § 3; 1995 c 77 § 18;
1990 c 33 § 144; 1985 c 59 § 1; 1983 1st ex.s. c 61 § 5; 1982
1st ex.s. c 24 § 2; 1981 c 265 § 4. Formerly RCW
28A.41.520.]
Application—1996 c 279: See note following RCW 28A.160.150.
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—Severability—1982 1st ex.s. c 24: See notes following RCW 28A.150.370.
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
28A.160.190
28A.160.190 Student transportation allocation—
Notice—Revised eligible student data, when—Allocation
payments, amounts, when. The superintendent shall notify
districts of their student transportation allocation before January 15th. If the number of eligible students in a school district changes ten percent or more from the October report,
and the change is maintained for a period of twenty consecutive school days or more, the district may submit revised eligible student data to the superintendent of public instruction.
The superintendent shall, to the extent funds are available,
recalculate the district's allocation for the transportation of
pupils to and from school.
The superintendent shall make the student transportation
allocation in accordance with the apportionment payment
schedule in RCW 28A.510.250. Such allocation payments
may be based on estimated amounts for payments to be made
in September, October, November, December, and January.
[1990 c 33 § 145; 1985 c 59 § 2; 1983 1st ex.s. c 61 § 6; 1982
1st ex.s. c 24 § 3; 1981 c 265 § 5. Formerly RCW
28A.41.525.]
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—Severability—1982 1st ex.s. c 24: See notes following RCW 28A.150.370.
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
28A.160.195
28A.160.195 Vehicle acquisition—School bus categories—Competitive specifications—Purchase—Reimbursement—Rules. (1) The superintendent of public
instruction, in consultation with the regional transportation
coordinators of the educational service districts, shall establish a minimum number of school bus categories considering
the capacity and type of vehicles required by school districts
in Washington. The superintendent, in consultation with the
regional transportation coordinators of the educational ser[Title 28A RCW—page 22]
vice districts, shall establish competitive specifications for
each category of school bus. The categories shall be developed to produce minimum long-range operating costs,
including costs of equipment and all costs in operating the
vehicles. The categories, for purposes of comparative studies, will be at a minimum the same as those in the beginning
of the 1994-95 school year. The competitive specifications
shall meet federal motor vehicle safety standards, minimum
state specifications as established by rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional transportation coordinators of the educational service districts. In fiscal year 2005,
the superintendent may solicit and accept price quotes for a
rear-engine category school bus that shall be reimbursed at
the price of the corresponding front engine category.
(2) After establishing school bus categories and competitive specifications, the superintendent of public instruction
shall solicit competitive price quotes from school bus dealers
to be in effect for one year and shall (a) except in fiscal year
2005, establish a list of the lowest competitive price quotes
obtained under this subsection, and (b) in fiscal year 2005,
establish a list of all accepted price quotes in each category
obtained under this subsection.
(3) The superintendent shall base the level of reimbursement to school districts and educational service districts for
school buses on the lowest quote in each category.
(4) Notwithstanding RCW 28A.335.190, school districts
and educational service districts may purchase at the quoted
price directly from the dealer who is providing the lowest
competitive price quote on the list established under subsection (2) of this section and in fiscal year 2005 from any dealer
on the list established under subsection (2)(b) of this section.
School districts and educational service districts may make
their own selections for school buses, but shall be reimbursed
at the rates determined under subsection (3) of this section
and RCW 28A.160.200. District-selected options shall not
be reimbursed by the state. For the 2003-05 fiscal biennium,
school districts and educational service districts shall be
reimbursed for buses purchased only through a lowest-price
competitive bid process conducted pursuant to RCW
28A.335.190 or through the state bid process established by
this section.
(5) This section does not prohibit school districts or educational service districts from conducting their own competitive bid process.
(6) The superintendent of public instruction may adopt
rules under chapter 34.05 RCW to implement this section.
[2004 c 276 § 904; 1995 1st sp.s. c 10 § 1.]
Severability—Effective date—2004 c 276: See notes following RCW
43.330.167.
Effective dates—1995 1st sp.s. c 10 §§ 1 and 2: "(1) Section 1 of this
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [June 14, 1995].
(2) Section 2 of this act shall take effect September 1, 1995." [1995 1st
sp.s. c 10 § 5.]
28A.160.200
28A.160.200 Vehicle acquisition—Reimbursement
schedule—Maintenance and operation—Depreciation
schedule. (1) The superintendent shall develop a reimbursement schedule to pay districts for the cost of student transportation vehicles purchased after September 1, 1982. While it is
(2004 Ed.)
Student Transportation
the responsibility of each district to select and pay for each
student transportation vehicle purchased by the district, each
district shall be paid a sum based on the category of vehicle,
anticipated lifetime of vehicles of this category, and state
reimbursement rate for the category plus inflation as recognized by the reimbursement schedule established in this section as set by the superintendent. Categories and reimbursement rates of vehicles shall be those established under RCW
28A.160.195. The accumulated value of the payments and
the potential investment return thereon shall be designed to
be equal to the replacement cost of the vehicle less its salvage
value at the end of its anticipated lifetime. The superintendent
shall revise at least annually the reimbursement payments
based on the current and anticipated future cost of comparable categories of transportation equipment. Reimbursements
to school districts for approved transportation equipment
shall be placed in a separate transportation vehicle fund
established for each school district under RCW 28A.160.130.
However, educational service districts providing student
transportation services pursuant to RCW 28A.310.180(4) and
receiving moneys generated pursuant to this section shall
establish and maintain a separate transportation vehicle
account in the educational service district's general expense
fund for the purposes and subject to the conditions under
RCW 28A.160.130 and 28A.320.300.
(2) To the extent possible, districts shall operate vehicles
acquired under this section not less than the number of years
or useful lifetime now, or hereafter, assigned to the category
of vehicles by the superintendent. School districts shall properly maintain the transportation equipment acquired under
the provisions of this section, in accordance with rules established by the office of the superintendent of public instruction. If a district fails to follow generally accepted standards
of maintenance and operation, the superintendent of public
instruction shall penalize the district by deducting from
future reimbursements under this section an amount equal to
the original cost of the vehicle multiplied by the fraction of
the useful lifetime or miles the vehicle failed to operate.
(3) The superintendent shall annually develop a depreciation schedule to recognize the cost of depreciation to districts contracting with private carriers for student transportation. Payments on this schedule shall be a straight line depreciation based on the original cost of the appropriate category
of vehicle. [1995 1st sp.s. c 10 § 2; 1990 c 33 § 146; 1987 c
508 § 4; 1981 c 265 § 6. Formerly RCW 28A.41.540.]
Effective dates—1995 1st sp.s. c 10 §§ 1 and 2: See note following
RCW 28A.160.195.
Effective date—Severability—1981 c 265: See notes following RCW
28A.160.150.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
28A.160.210
28A.160.210 School bus drivers, training and qualifications—Rules and regulations for. In addition to other
powers and duties, the state board of education shall adopt
rules and regulations governing the training and qualifications of school bus drivers. Such rules and regulations shall
be designed to insure that persons will not be employed to
operate school buses unless they possess such physical health
and driving skills as are necessary to safely operate school
buses: PROVIDED, That such rules and regulations shall
(2004 Ed.)
28A.160.802
insure that school bus drivers are provided a due process
hearing before any certification required by such rules and
regulations is cancelled: PROVIDED FURTHER, That such
rules and regulations shall not conflict with the authority of
the department of licensing to license school bus drivers in
accordance with chapter 46.25 RCW. The state board of education may obtain a copy of the driving record, as maintained
by the department of licensing, for consideration when evaluating a school bus driver's driving skills. [1989 c 178 § 20;
1981 c 200 § 1; 1979 c 158 § 89; 1969 ex.s. c 153 § 4. Formerly RCW 28A.04.131.]
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
28A.160.800
28A.160.800 Biodiesel fuel pilot project—Findings.
(Expires September 1, 2005.) The legislature recognizes
that:
(1) The use of motor vehicles has a significant impact on
the environment and public health of the state of Washington.
Motor vehicles account for more than half of all air pollutants, almost sixty percent of total carbon dioxide emissions,
and a significant portion of toxic contaminants in Washington state;
(2) Diesel exhaust, in particular, is likely to cause lung
cancer in humans, chronic and acute bronchitis, asthma
attacks, and respiratory illnesses. Children are particularly at
risk. One out of every ten children in our state suffers from
asthma. Over four hundred thousand students in the state risk
their health breathing exhaust from riding diesel-powered
buses to school every day;
(3) Although stringent standards established by the
United States environmental protection agency for new diesel
engine technology will take effect with the 2007 model year,
a significant majority of diesel-powered school buses now in
use in the state will continue to be used for the next thirteen
or more years;
(4) Using biodiesel in place of, or blended with, petroleum diesel reduces emissions of carbon monoxide, hydrocarbon, particulates, and air toxics from new or existing diesel engines;
(5) Using ultra low sulfur diesel, along with after-market
emissions control devices, significantly reduces fine-particle,
hydrocarbon, and nitrogen oxide emissions from existing diesel engines;
(6) The United States environmental protection agency's
new emission standards requiring the use of ultra low sulfur
diesel take effect June 1, 2006, and ultra low sulfur diesel
requires the addition of a lubricant to counteract premature
wear of injection pumps;
(7) Biodiesel provides the needed lubricity to ultra low
sulfur diesel, in addition to reducing harmful emissions;
(8) It is the intent of the legislature to study the effects of
using ultra low sulfur diesel with biodiesel. [2003 c 64 § 1.]
Expiration date—2003 c 64 §§ 1-4: "Sections 1 through 4 of this act
expire September 1, 2005." [2003 c 64 § 5.]
28A.160.802
28A.160.802 Biodiesel fuel pilot project—Intent.
(Expires September 1, 2005.) It is the intent of the legislature that implementation of this pilot project will not produce
a significant financial burden on participating school districts
or the state. The legislature calls upon the superintendent of
[Title 28A RCW—page 23]
28A.160.804
Title 28A RCW: Common School Provisions
public instruction, the office of community, trade, and economic development, and the department of ecology to
explore alternative means of funding this pilot project including the use of state or federal grants but excluding the use of
money from the state general fund. In the event of the inability of the participating school districts to fund this project,
either from their own operating budget, grants, or other local
funding or a combination thereof, the implementation of
chapter 64, Laws of 2003 shall be dependent on securing
funds that are not from the state general fund. [2003 c 64 §
4.]
Expiration date—2003 c 64 §§ 1-4: See note following RCW
28A.160.800.
28A.160.804
28A.160.804 Biodiesel fuel pilot project—Report.
(Expires September 1, 2005.) The superintendent of public
instruction shall conduct a pilot project on the use of biodiesel with ultra low sulfur diesel in school buses powered by
compression-ignition engines. The pilot project must begin
in September of 2003.
(1) The superintendent of public instruction shall select
two school districts to participate in the project. School districts located in a geographic area listed by the environmental
protection agency as an area of concern for pollution emissions must receive first consideration for the project.
(2) The pilot project shall meet the following requirements:
(a) During the 2003 school year, at least one of the participating school districts shall have at least twenty-five percent of the school bus fleet, or a total of not less than ten
buses, fueled with ultra low sulfur diesel. Emissions testing
must be conducted before using ultra low sulfur diesel, and
again after ultra low sulfur diesel has been in use for at least
six months.
(b) During the 2004 school year, not less than seventy
percent, or a total of not less than seven, of the buses fueled
with ultra low sulfur diesel during the 2003 school year must
be fueled with a blend of eighty percent ultra low sulfur diesel, by volume, and twenty percent biodiesel, by volume.
Emissions testing must be conducted not less than six months
after adding biodiesel to the ultra low sulfur diesel.
(c) A maximum of one of the participating school districts may, for the duration of the project, use a blend of
twenty percent biodiesel, by volume, with eighty percent
highway diesel, by volume, in at least seventy-five percent of
the school bus fleet, or a total of not less than ten buses.
Emissions testing must be conducted before use of the
biodiesel blend, again not less than six months after the
biodiesel blend has been is use, and again at the conclusion of
the project.
(d) Issues related to the maintenance, including but not
limited to fuel economy, changes in fuel filters, and other
maintenance issues related to the use of ultra low sulfur diesel
and biodiesel must be recorded.
(3) The superintendent of public instruction shall submit
a report of findings to the legislature by September 1, 2005.
[2003 c 64 § 2.]
Expiration date—2003 c 64 §§ 1-4: See note following RCW
28A.160.800.
[Title 28A RCW—page 24]
28A.160.806 Biodiesel fuel pilot project—Definitions. (Expires September 1, 2005.) The definitions in this
section apply throughout RCW 28A.160.800 and
28A.160.804 unless the context clearly requires otherwise.
(1) "Biodiesel" means a mono alkyl ester of long chain
fatty acids derived from vegetable oils or animal fats for use
in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003.
(2) "Ultra low sulfur diesel" means petroleum diesel in
which the sulfur content is not more than thirty parts per million.
(3) "Highway diesel" means petroleum diesel in which
the sulfur content is not more than five hundred parts per million. [2003 c 64 § 3.]
28A.160.806
Expiration date—2003 c 64 §§ 1-4: See note following RCW
28A.160.800.
Chapter 28A.165
Chapter 28A.165 RCW
LEARNING ASSISTANCE PROGRAM
Sections
28A.165.005
28A.165.015
28A.165.025
28A.165.035
28A.165.045
28A.165.055
28A.165.065
28A.165.075
28A.165.900
Purpose.
Definitions.
School district program plan.
Program activities.
Plan approval process.
Funds—Eligibility—Distribution.
Monitoring.
Rules.
Captions not law—2004 c 20.
28A.165.005 Purpose. The learning assistance program requirements in this chapter are designed to: (1) Promote the use of assessment data when developing programs
to assist underachieving students; and (2) guide school districts in providing the most effective and efficient practices
when implementing programs to assist underachieving students. Further, this chapter provides the means by which a
school district becomes eligible for learning assistance program funds and the distribution of those funds. [2004 c 20 §
1.]
28A.165.005
28A.165.015 Definitions. Unless the context clearly
indicates otherwise the definitions in this section apply
throughout this chapter.
(1) "Approved program" means a program submitted to
and approved by the office of the superintendent of public
instruction and conducted pursuant to the plan that addresses
the required elements as provided for in this chapter.
(2) "Basic skills areas" means reading, writing, and
mathematics as well as readiness associated with these skills.
(3) "Participating student" means a student in kindergarten through grade eleven who scores below standard for his
or her grade level on the statewide assessments and who is
identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student"
means a student in kindergarten through grade twelve who
scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan
to receive services.
(4) "Statewide assessments" means one or more of the
several basic skills assessments administered as part of the
28A.165.015
(2004 Ed.)
Learning Assistance Program
state's student assessment system, and assessments in the
basic skills areas administered by local school districts.
(5) "Underachieving students" means students with the
greatest academic deficits in basic skills as identified by the
statewide assessments. [2004 c 20 § 2.]
28A.165.025
28A.165.025 School district program plan. By July
1st of each year, a participating school district shall submit
the district's plan for using learning assistance funds to the
office of the superintendent of public instruction for
approval. For the 2004-05 school year, school districts must
identify the program activities to be implemented from RCW
28A.165.035 and are encouraged to implement the elements
in subsections (1) through (8) of this section. Beginning in
the 2005-06 school year, the program plan must identify the
p r o g r a m a cti v it ie s t o b e im p l e m e n t ed f r o m RC W
28A.165.035 and implement all of the elements in subsections (1) through (8) of this section. The school district plan
shall include the following:
(1) District and school-level data on reading, writing,
and mathematics achievement as reported pursuant to chapter
28A.655 RCW and relevant federal law;
(2) Processes used for identifying the underachieving
students to be served by the program, including the identification of school or program sites providing program activities;
(3) How accelerated learning plans are developed and
implemented for participating students. Accelerated learning
plans may be developed as part of existing student achievement plan process such as student plans for achieving state
high school graduation standards, individual student academic plans, or the achievement plans for groups of students.
Accelerated learning plans shall include:
(a) Achievement goals for the students;
(b) Roles of the student, parents, or guardians and teachers in the plan;
(c) Communication procedures regarding student
accomplishment; and
(d) Plan reviews and adjustments processes;
(4) How state level and classroom assessments are used
to inform instruction;
(5) How focused and intentional instructional strategies
have been identified and implemented;
(6) How highly qualified instructional staff are developed and supported in the program and in participating
schools;
(7) How other federal, state, district, and school
resources are coordinated with school improvement plans
and the district's strategic plan to support underachieving students; and
(8) How a program evaluation will be conducted to
determine direction for the following school year. [2004 c 20
§ 3.]
28A.165.035
28A.165.035 Program activities. Use of best practices
magnifies the opportunities for student success. The following are services and activities that may be supported by the
learning assistance program:
(1) Extended learning time opportunities occurring:
(a) Before or after the regular school day;
(2004 Ed.)
28A.165.065
(b) On Saturday; and
(c) Beyond the regular school year;
(2) Professional development for certificated and classified staff that focuses on:
(a) The needs of a diverse student population;
(b) Specific literacy and mathematics content and
instructional strategies; and
(c) The use of student work to guide effective instruction;
(3) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating
students;
(4) Tutoring support for participating students; and
(5) Outreach activities and support for parents of participating students. [2004 c 20 § 4.]
28A.165.045
28A.165.045 Plan approval process. A participating
school district shall annually submit a program plan to the
office of the superintendent of public instruction for
approval. The program plan must address all of the elements
in RCW 28A.165.025 and identify the program activities to
be implemented from RCW 28A.165.035.
School districts achieving state reading and mathematics
goals as prescribed in chapter 28A.655 RCW shall have their
program approved once the program plan and activities submittal is completed.
School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that
are not in a state or federal program of school improvement
shall be subject to program approval once the plan components are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan.
School districts with one or more schools in a state or
federal program of school improvement shall have their plans
and activities reviewed and approved in conjunction with the
state or federal program school improvement program
requirements. [2004 c 20 § 5.]
28A.165.055
28A.165.055 Funds—Eligibility—Distribution. Each
school district with an approved program is eligible for state
funds provided for the learning assistance program. The
funds shall be appropriated for the learning assistance program in accordance with the biennial appropriations act. The
distribution formula is for school district allocation purposes
only. The distribution formula shall be based on an assessment of students and on one or more family income factors
measuring economic need. Beginning with the 2005-06
school year, fifty percent of the distribution formula shall be
based on an assessment of students and fifty percent shall be
based on one or more family income factors measuring economic need. [2004 c 20 § 6.]
28A.165.065
28A.165.065 Monitoring. To ensure that school districts are meeting the requirements of an approved program,
the superintendent of public instruction shall monitor such
programs no less than once every four years. Individual student records shall be maintained at the school district. [2004
c 20 § 7.]
[Title 28A RCW—page 25]
28A.165.075
Title 28A RCW: Common School Provisions
28A.165.075
28A.165.075 Rules. The superintendent of public
instruction shall adopt rules in accordance with chapter 34.05
RCW that are necessary to implement this chapter. [2004 c
20 § 8.]
28A.165.900
28A.165.900 Captions not law—2004 c 20. Captions
used in this act are not any part of the law. [2004 c 20 § 9.]
Chapter 28A.170 RCW
SUBSTANCE ABUSE AWARENESS PROGRAM
Chapter 28A.170
Sections
28A.170.050
28A.170.075
28A.170.080
28A.170.090
Advisory committee—Members—Duties.
Findings—Intent.
Grants—Substance abuse intervention.
Selection of grant recipients—Program rules.
28A.170.050
28A.170.050 Advisory committee—Members—
Duties. The superintendent of public instruction shall
appoint a substance abuse advisory committee comprised of:
Representatives of certificated and classified staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and
health services; the traffic safety commission; and county
coordinators of alcohol and drug treatment. The committee
shall advise the superintendent on matters of local program
development, coordination, and evaluation. [1997 c 13 § 3;
1987 c 518 § 209. Formerly RCW 28A.120.038.]
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
28A.170.075
28A.170.075 Findings—Intent. (1) The legislature
finds that the provision of drug and alcohol counseling and
related prevention and intervention services in schools will
enhance the classroom environment for students and teachers, and better enable students to realize their academic and
personal potentials.
(2) The legislature finds that it is essential that resources
be made available to school districts to provide early drug
and alcohol prevention and intervention services to students
and their families; to assist in referrals to treatment providers;
and to strengthen the transition back to school for students
who have had problems of drug and alcohol abuse.
(3) Substance abuse awareness programs funded under
this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and
the state's funding duty thereunder.
(4) The legislature intends to provide grants for drug and
alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of students at risk. [1995 c 335 § 204; 1990 c 33 § 156; 1989 c 271
§ 310. Formerly RCW 28A.120.080.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.170.080
28A.170.080 Grants—Substance abuse intervention.
(1) Grants provided under RCW 28A.170.090 may be used
solely for services provided by a substance abuse intervention specialist or for dedicated staff time for counseling and
[Title 28A RCW—page 26]
intervention services provided by any school district certificated employee who has been trained by and has access to
consultation with a substance abuse intervention specialist.
Services shall be directed at assisting students in kindergarten
through twelfth grade in overcoming problems of drug and
alcohol abuse, and in preventing abuse and addiction to such
substances, including nicotine. The grants shall require local
matching funds so that the grant amounts support a maximum
of eighty percent of the costs of the services funded. The services of a substance abuse intervention specialist may be
obtained by means of a contract with a state or community
services agency or a drug treatment center. Services provided
by a substance abuse intervention specialist may include:
(a) Individual and family counseling, including preventive counseling;
(b) Assessment and referral for treatment;
(c) Referral to peer support groups;
(d) Aftercare;
(e) Development and supervision of student mentor programs;
(f) Staff training, including training in the identification
of high-risk children and effective interaction with those children in the classroom; and
(g) Development and coordination of school drug and
alcohol core teams, involving staff, students, parents, and
community members.
(2) For the purposes of this section, "substance abuse
intervention specialist" means any one of the following,
except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the
same qualifications as are required of a qualified chemical
dependency counselor employed by an alcoholism or drug
treatment program approved by the department of social and
health services.
(a) An educational staff associate employed by a school
district or educational service district who holds certification
as a school counselor, school psychologist, school nurse, or
school social worker under state board of education rules
adopted pursuant to RCW 28A.305.130;
(b) An individual who meets the definition of a qualified
drug or alcohol counselor established by the bureau of alcohol and substance abuse;
(c) A counselor, social worker, or other qualified professional employed by the department of social and health services;
(d) A psychologist licensed under chapter 18.83 RCW;
or
(e) A children's mental health specialist as defined in
RCW 71.34.020. [1990 c 33 § 157; 1989 c 271 § 311. Formerly RCW 28A.120.082.]
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.170.090
28A.170.090 Selection of grant recipients—Program
rules. (1) The superintendent of public instruction shall
select school districts and cooperatives of school districts to
receive grants for drug and alcohol abuse prevention and
intervention programs for students in kindergarten through
twelfth grade, from funds appropriated by the legislature for
this purpose. The minimum annual grant amount per district
(2004 Ed.)
Dropout Prevention and Retrieval Program
or cooperative of districts shall be twenty thousand dollars.
Factors to be used in selecting proposals for funding and in
determining grant awards shall be developed in consultation
with the substance abuse advisory committee appointed
under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may
include:
(a) Characteristics of the school attendance areas to be
served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;
(b) The total number of students who would have access
to services; and
(c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and
intervention activities.
(2) The application procedures for grants under this section shall include provisions for comprehensive planning,
establishment of a school and community substance abuse
advisory committee, and documentation of the district's
needs assessment. Planning and application for grants under
this section may be integrated with the development of other
substance abuse awareness programs by school districts.
School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other
funding available for substance abuse awareness programs.
School districts should allocate resources giving emphasis to
drug and alcohol abuse intervention services for students in
grades five through nine. Grants may be used to provide services for students who are enrolled in approved private
schools.
(3) School districts receiving grants under this section
shall be required to establish a means of accessing formal
assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications
submitted by districts shall identify the districts' plan for
meeting this requirement.
(4) School districts receiving grants under this section
shall be required to perform biennial evaluations of their drug
and alcohol abuse prevention and intervention programs, and
to report on the results of these evaluations to the superintendent of public instruction.
(5) The superintendent of public instruction may adopt
rules to implement RCW 28A.170.080 and 28A.170.090.
[1995 c 335 § 205; 1990 c 33 § 158; 1989 c 271 § 312. Formerly RCW 28A.120.084.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1989 c 271: See note following RCW 9.94A.510.
Chapter 28A.175
Chapter 28A.175 RCW
DROPOUT PREVENTION AND
RETRIEVAL PROGRAM
Sections
28A.175.010
28A.175.010
progress of each of its students. To achieve this, school districts shall be required to report annually to the superintendent of public instruction:
(1) For students enrolled in each of a school district's
high school programs:
(a) The number of students eligible for graduation in
fewer than four years;
(b) The number of students who graduate in four years;
(c) The number of students who remain in school for
more than four years but who eventually graduate and the
number of students who remain in school for more than four
years but do not graduate;
(d) The number of students who transfer to other
schools;
(e) The number of students who enter from other
schools;
(f) The number of students in the ninth through twelfth
grade who drop out of school over a four-year period; and
(g) The number of students whose status is unknown.
(2) Dropout rates of students in each of the grades nine
through twelve.
(3) Dropout rates for student populations in each of the
grades nine through twelve by:
(a) Ethnicity;
(b) Gender;
(c) Socioeconomic status; and
(d) Disability status.
(4) The causes or reasons, or both, attributed to students
for having dropped out of school in grades nine through
twelve.
(5) The superintendent of public instruction shall adopt
rules under chapter 34.05 RCW to assure uniformity in the
information districts are required to report under subsections
(1) through (4) of this section. In developing rules, the superintendent of public instruction shall consult with school districts, including administrative and counseling personnel,
with regard to the methods through which information is to
be collected and reported.
(6) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school
building officials shall, to the extent reasonably practical,
obtain such information directly from students. In lieu of
obtaining such information directly from students, building
principals and counselors shall identify the causes or reasons,
or both, based on their professional judgment.
(7) The superintendent of public instruction shall report
annually to the legislature the information collected under
subsections (1) through (4) of this section. [1991 c 235 § 4;
1986 c 151 § 1. Formerly RCW 28A.58.087.]
Chapter 28A.180
Chapter 28A.180 RCW
TRANSITIONAL BILINGUAL
INSTRUCTION PROGRAM
Sections
Educational progress information—Reporting requirements—Rules—Reports to legislature.
28A.175.010 Educational progress information—
Reporting requirements—Rules—Reports to legislature. Each school district shall account for the educational
(2004 Ed.)
Chapter 28A.180
28A.180.010
28A.180.020
28A.180.030
28A.180.040
28A.180.060
28A.180.080
Short title—Purpose.
Annual report by superintendent of public instruction.
Definitions.
School board duties.
Guidelines and rules.
Budget requests—Allocation of moneys—English language
skills test.
[Title 28A RCW—page 27]
28A.180.010
Title 28A RCW: Common School Provisions
28A.180.090 Evaluation system—Report to the legislature.
28A.180.100 Continuing education plan for older students.
28A.180.010
28A.180.010 Short title—Purpose. RCW
28A.180.010 through 28A.180.080 shall be known and cited
as "The Transitional Bilingual Instruction Act." The legislature finds that there are large numbers of children who come
from homes where the primary language is other than
English. The legislature finds that a transitional bilingual
education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational
opportunity to every child in this state, it is the purpose of
RCW 28A.180.010 through 28A.180.080 to provide for the
implementation of transitional bilingual education programs
in the public schools, and to provide supplemental financial
assistance to school districts to meet the extra costs of these
programs. [1990 c 33 § 163; 1984 c 124 § 1; 1979 c 95 § 1.
Formerly RCW 28A.58.800.]
Severability—1979 c 95: "If any provision of this act, or its application
to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not
affected." [1979 c 95 § 9.]
(2) Wherever feasible, ensure that communications to
parents emanating from the schools shall be appropriately
bilingual for those parents of pupils in the bilingual instruction program.
(3) Determine, by administration of an English test
approved by the superintendent of public instruction the
number of eligible pupils enrolled in the school district at the
beginning of a school year and thereafter during the year as
necessary in individual cases.
(4) Before the conclusion of each school year, measure
each eligible pupil's improvement in learning the English language by means of a test approved by the superintendent of
public instruction.
(5) Provide in-service training for teachers, counselors,
and other staff, who are involved in the district's transitional
bilingual program. Such training shall include appropriate
instructional strategies for children of culturally different
backgrounds, use of curriculum materials, and program models. [2001 1st sp.s. c 6 § 4; 1984 c 124 § 3; 1979 c 95 § 3. Formerly RCW 28A.58.804.]
Effective date—1979 c 95 § 3: "Section 3 of this act shall take effect
September 1, 1980." [1979 c 95 § 7.]
28A.180.020
28A.180.020 Annual report by superintendent of
public instruction. The superintendent of public instruction
shall review annually the transitional bilingual instruction
program and shall submit a report of such review to the legislature on or before January 1 of each year. [1984 c 124 § 8.
Formerly RCW 28A.58.801.]
28A.180.030
28A.180.030 Definitions. As used throughout this
chapter, unless the context clearly indicates otherwise:
(1) "Transitional bilingual instruction" means:
(a) A system of instruction which uses two languages,
one of which is English, as a means of instruction to build
upon and expand language skills to enable the pupil to
achieve competency in English. Concepts and information
are introduced in the primary language and reinforced in the
second language: PROVIDED, That the program shall
include testing in the subject matter in English; or
(b) In those cases in which the use of two languages is
not practicable as established by the superintendent of public
instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a
second language and is designed to enable the pupil to
achieve competency in English.
(2) "Primary language" means the language most often
used by the student for communication in his/her home.
(3) "Eligible pupil" means any enrollee of the school district whose primary language is other than English and whose
English language skills are sufficiently deficient or absent to
impair learning. [2001 1st sp.s. c 6 § 3; 1990 c 33 § 164;
1984 c 124 § 2; 1979 c 95 § 2. Formerly RCW 28A.58.802.]
Severability—1979 c 95: See note following RCW 28A.180.010.
28A.180.040
28A.180.040 School board duties. Every school district board of directors shall:
(1) Make available to each eligible pupil transitional
bilingual instruction to achieve competency in English, in
accord with rules of the superintendent of public instruction.
[Title 28A RCW—page 28]
Severability—1979 c 95: See note following RCW 28A.180.010.
28A.180.060
28A.180.060 Guidelines and rules. The superintendent of public instruction shall:
(1) Promulgate and issue program development guidelines to assist school districts in preparing their programs;
(2) Promulgate rules for implementation of RCW
28A.180.010 through 28A.180.080 in accordance with chapter 34.05 RCW. The rules shall be designed to maximize the
role of school districts in selecting programs appropriate to
meet the needs of eligible students. The rules shall identify
the process and criteria to be used to determine when a student is no longer eligible for transitional bilingual instruction
pursuant to RCW 28A.180.010 through 28A.180.080. [1990
c 33 § 165; 1984 c 124 § 5; 1979 c 95 § 5. Formerly RCW
28A.58.808.]
Severability—1979 c 95: See note following RCW 28A.180.010.
28A.180.080
28A.180.080 Budget requests—Allocation of moneys—English language skills test. The superintendent of
public instruction shall prepare and submit biennially to the
governor and the legislature a budget request for bilingual
instruction programs. Moneys appropriated by the legislature
for the purposes of RCW 28A.180.010 through 28A.180.080
shall be allocated by the superintendent of public instruction
to school districts for the sole purpose of operating an
approved bilingual instruction program; priorities for funding
shall exist for the early elementary grades. No moneys shall
be allocated pursuant to this section to fund more than three
school years of bilingual instruction for each eligible pupil
within a district: PROVIDED, That such moneys may be
allocated to fund more than three school years of bilingual
instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English. The superintendent of public instruction shall set standards and approve a
test for the measurement of such English language skills.
(2004 Ed.)
Highly Capable Students
[1995 c 335 § 601; 1990 c 33 § 167; 1979 c 95 § 6. Formerly
RCW 28A.58.810.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
Chapter 28A.185
Severability—1979 c 95: See note following RCW 28A.180.010.
28A.180.090
28A.180.090 Evaluation system—Report to the legislature. The superintendent of public instruction shall
develop an evaluation system designed to measure increases
in the English and academic proficiency of eligible pupils.
When developing the system, the superintendent shall:
(1) Require school districts to assess potentially eligible
pupils within ten days of registration using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments
shall be made available to both the superintendent of public
instruction and the school district;
(2) Require school districts to annually assess all eligible
pupils at the end of the school year using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments
shall be made available to both the superintendent of public
instruction and the school district;
(3) Develop a system to evaluate increases in the English
and academic proficiency of students who are, or were, eligible pupils. This evaluation shall include students when they
are in the program and after they exit the program until they
finish their K-12 career or transfer from the school district.
The purpose of the evaluation system is to inform schools,
school districts, parents, and the state of the effectiveness of
the transitional bilingual programs in school and school districts in teaching these students English and other content
areas, such as mathematics and writing; and
(4) Report to the education and fiscal committees of the
legislature by November 1, 2002, regarding the development
of the systems described in this section and a timeline for the
full implementation of those systems. The legislature shall
approve and provide funding for the evaluation system in
subsection (3) of this section before any implementation of
the system developed under subsection (3) of this section
may occur. [2001 1st sp.s. c 6 § 2.]
28A.185.030
Chapter 28A.185 RCW
HIGHLY CAPABLE STUDENTS
Sections
28A.185.010 Program—Duties of superintendent of public instruction.
28A.185.020 Funding.
28A.185.030 Programs—Authority of local school districts—Selection of
students.
28A.185.040 Contracts with University of Washington for education of
highly capable students at early entrance program or transition school—Allocation of funds—Rules.
28A.185.050 Program review and monitoring—Reports to the legislature—Rules.
28A.185.010
28A.185.010 Program—Duties of superintendent of
public instruction. Pursuant to rules and regulations
adopted by the superintendent of public instruction for the
administration of this chapter, the superintendent of public
instruction shall carry out a program for highly capable students. Such program may include conducting, coordinating
and aiding in research (including pilot programs), disseminating information to local school districts, providing statewide staff development, and allocating to school districts
supplementary funds for additional costs of district programs,
as provided by RCW 28A.185.020. [1984 c 278 § 12. Formerly RCW 28A.16.040.]
Severability—1984 c 278: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 278 § 24.]
28A.185.020
28A.185.020 Funding. Supplementary funds as may be
provided by the state for this program, in accordance with
RCW 28A.150.370, shall be categorical funding on an excess
cost basis based upon a per student amount not to exceed
three percent of any district's full-time equivalent enrollment.
[1990 c 33 § 168; 1984 c 278 § 14. Formerly RCW
28A.16.050.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.185.030
28A.180.100
28A.180.100 Continuing education plan for older
students. The office of the superintendent of public instruction and the state board for community and technical colleges
shall jointly develop a program plan to provide a continuing
education option for students who are eligible for the state
transitional bilingual instruction program and who need more
time to develop language proficiency but who are more ageappropriately suited for a postsecondary learning environment than for a high school. In developing the plan, the
superintendent of public instruction shall consider options to
formally recognize the accomplishments of students in the
state transitional bilingual instruction program who have
completed the twelfth grade but have not earned a certificate
of academic achievement. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and
any resources necessary to implement the plan. [2004 c 19 §
105.]
(2004 Ed.)
28A.185.030 Programs—Authority of local school
districts—Selection of students. Local school districts may
establish and operate, either separately or jointly, programs
for highly capable students. Such authority shall include the
right to employ and pay special instructors and to operate
such programs jointly with a public institution of higher education. Local school districts which establish and operate programs for highly capable students shall adopt identification
procedures and provide educational opportunities as follows:
(1) In accordance with rules and regulations adopted by
the superintendent of public instruction, school districts shall
implement procedures for nomination, assessment and selection of their most highly capable students. Nominations shall
be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be
based upon a review of each student's capability as shown by
multiple criteria intended to reveal, from a wide variety of
sources and data, each student's unique needs and capabilities. Selection shall be made by a broadly based committee of
[Title 28A RCW—page 29]
28A.185.040
Title 28A RCW: Common School Provisions
professionals, after consideration of the results of the multiple criteria assessment.
(2) Students selected pursuant to procedures outlined in
this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student's
unique needs and capabilities and the limits of the resources
and program options available to the district, including those
options which can be developed or provided by using funds
allocated by the superintendent of public instruction for that
purpose. [1984 c 278 § 13. Formerly RCW 28A.16.060.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.185.040
28A.185.040 Contracts with University of Washington for education of highly capable students at early
entrance program or transition school—Allocation of
funds—Rules. (1) The superintendent of public instruction
shall contract with the University of Washington for the education of highly capable students below eighteen years of age
who are admitted or enrolled at such early entrance program
or transition school as are now or hereafter established and
maintained by the University of Washington.
(2) The superintendent of public instruction shall allocate directly to the University of Washington all of the state
basic education allocation moneys, state categorical moneys
excepting categorical moneys provided for the highly capable
students program under RCW 28A.185.010 through
28A.185.030, and federal moneys generated by a student
while attending an early entrance program or transition
school at the University of Washington. The allocations shall
be according to each student's school district of residence.
The expenditure of such moneys shall be limited to selection
of students, precollege instruction, special advising, and
related activities necessary for the support of students while
attending a transition school or early entrance program at the
University of Washington. Such allocations may be supplemented with such additional payments by other parties as
necessary to cover the actual and full costs of such instruction
and other activities.
(3) The provisions of subsections (1) and (2) of this section shall apply during the first three years a student is attending a transition school or early entrance program at the University of Washington or through the academic school year in
which the student turns eighteen, whichever occurs first. No
more than thirty students shall be admitted and enrolled in the
transition school at the University of Washington in any one
year.
(4) The superintendent of public instruction shall adopt
or amend rules pursuant to chapter 34.05 RCW implementing
subsection (2) of this section before August 31, 1989. [1990
c 33 § 169; 1989 c 233 § 9; 1987 c 518 § 222. Formerly RCW
28A.58.217.]
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
28A.185.050
28A.185.050 Program review and monitoring—
Reports to the legislature—Rules. In order to ensure that
school districts are meeting the requirements of an approved
program for highly capable students, the superintendent of
public instruction shall monitor highly capable programs at
[Title 28A RCW—page 30]
least once every five years. Monitoring shall begin during the
2002-03 school year.
Any program review and monitoring under this section
may be conducted concurrently with other program reviews
and monitoring conducted by the office of the superintendent
of public instruction. In its review, the office shall monitor
program components that include but need not be limited to
the process used by the district to identify and reach out to
highly capable students with diverse talents and from diverse
backgrounds, assessment data and other indicators to determine how well the district is meeting the academic needs of
highly capable students, and district expenditures used to
enrich or expand opportunities for these students.
Beginning June 30, 2003, and every five years thereafter,
the office of the superintendent of public instruction shall
submit a report to the education committees of the house of
representatives and the senate that provides a brief description of the various instructional programs offered to highly
capable students.
The superintendent of public instruction may adopt rules
under chapter 34.05 RCW to implement this section. [2002 c
234 § 1.]
Chapter 28A.190 RCW
RESIDENTIAL EDUCATION PROGRAMS
Chapter 28A.190
Sections
28A.190.010 Educational program for juveniles in detention facilities.
28A.190.020 Educational programs for residential school residents—"Residential school" defined.
28A.190.030 Educational programs for residential school residents—
School district to conduct—Scope of duties and authority.
28A.190.040 Educational programs for residential school residents—
Duties and authority of DSHS and residential school
superintendent.
28A.190.050 Educational programs for residential school residents—Contracts between school district and DSHS—Scope.
28A.190.060 Educational programs for residential school residents—
DSHS to give notice when need for reduction of staff—
Liability upon failure.
28A.190.010 Educational program for juveniles in
detention facilities. A program of education shall be provided for by the department of social and health services and
the several school districts of the state for common school
age persons who have been admitted to facilities staffed and
maintained or contracted pursuant to RCW 13.40.320 by the
department of social and health services for the education and
treatment of juveniles who have been diverted or who have
been found to have committed a juvenile offense. The division of duties, authority, and liabilities of the department of
social and health services and the several school districts of
the state respecting the educational programs shall be the
same in all respects as set forth in RCW 28A.190.030 through
28A.190.060 respecting programs of education for state residential school residents. For the purposes of this section, the
term "residential school" or "schools" as used in RCW
28A.190.030 through 28A.190.060 shall be construed to
mean a facility staffed and maintained by the department of
social and health services or a program established under
RCW 13.40.320, for the education and treatment of juvenile
offenders on probation or parole. Nothing in this section shall
prohibit a school district from utilizing the services of an educational service district subject to RCW 28A.310.180. [1996
28A.190.010
(2004 Ed.)
Residential Education Programs
c 84 § 1; 1990 c 33 § 170; 1983 c 98 § 3. Formerly RCW
28A.58.765.]
Juvenile facilities, educational programs: RCW 13.04.145.
28A.190.020
28A.190.020 Educational programs for residential
school residents—"Residential school" defined. The term
"residential school" as used in RCW 28A.190.020 through
28A.190.060, 72.01.200, 72.05.010 and 72.05.130, each as
now or hereafter amended, shall mean Green Hill school,
Maple Lane school, Naselle Youth Camp, Cedar Creek
Youth Camp, Mission Creek Youth Camp, Echo Glen, Lakeland Village, Rainier school, Yakima Valley school, Interlake school, Fircrest school, Francis Haddon Morgan Center,
the Child Study and Treatment Center and Secondary School
of Western State Hospital, and such other schools, camps,
and centers as are now or hereafter established by the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts
or for the care and treatment of persons who are exceptional
in their needs by reason of mental and/or physical deficiency:
PROVIDED, That the term shall not include the state schools
for the deaf and blind or adult correctional institutions. [1990
c 33 § 1 7 1; 1 97 9 e x. s. c 2 17 § 1 . For m e r ly R CW
28A.58.770.]
Effective date—1979 ex.s. c 217: "This act shall take effect on September 1, 1979." [1979 ex.s. c 217 § 16.]
Severability—1979 ex.s. c 217: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 217 § 17.]
28A.190.040
(a) Not less than one hundred and eighty school days
each school year;
(b) Special education pursuant to RCW 28A.155.010
through 28A.155.100, and vocational education, as necessary
to address the unique needs and limitations of residents; and
(c) Such courses of instruction and school related student
activities as are provided by the school district for nonresidential school students to the extent it is practical and judged
appropriate for the residents by the school district after consultation with the superintendent or chief administrator of the
residential school: PROVIDED, That a preschool special
education program may be provided for residential school
students with disabilities;
(5) The control of students while participating in a program of education conducted pursuant to this section and the
discipline, suspension or expulsion of students for violation
of reasonable rules of conduct adopted by the school district;
and
(6) The expenditure of funds for the direct and indirect
costs of maintaining and operating the program of education
that are appropriated by the legislature and allocated by the
superintendent of public instruction for the exclusive purpose
of maintaining and operating residential school programs of
education, and funds from federal and private grants,
bequests and gifts made for the purpose of maintaining and
operating the program of education. [1995 c 77 § 19; 1990 c
33 § 172; 1985 c 341 § 13; 1984 c 160 § 3; 1979 ex.s. c 217
§ 2. Formerly RCW 28A.58.772.]
Effective date—1985 c 341 §§ 4 and 13: See note following RCW
28A.155.020.
Severability—1984 c 160: See note following RCW 28A.155.020.
28A.190.030
28A.190.030 Educational programs for residential
school residents—School district to conduct—Scope of
duties and authority. Each school district within which
there is located a residential school shall, singly or in concert
with another school district pursuant to RCW 28A.335.160
and 28A.225.250 or pursuant to chapter 39.34 RCW, conduct
a program of education, including related student activities,
for residents of the residential school. Except as otherwise
provided for by contract pursuant to RCW 28A.190.050, the
duties and authority of a school district and its employees to
conduct such a program shall be limited to the following:
(1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons,
deemed necessary by the school district for the conduct of the
program of education;
(2) The purchase, lease or rental and provision of textbooks, maps, audio-visual equipment, paper, writing instruments, physical education equipment and other instructional
equipment, materials and supplies, deemed necessary by the
school district for the conduct of the program of education;
(3) The development and implementation, in consultation with the superintendent or chief administrator of the residential school or his or her designee, of the curriculum;
(4) The conduct of a program of education, including
related student activities, for residents who are three years of
age and less than twenty-one years of age, and have not met
high school graduation requirements as now or hereafter
established by the state board of education and the school district which includes:
(2004 Ed.)
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
28A.190.040
28A.190.040 Educational programs for residential
school residents—Duties and authority of DSHS and residential school superintendent. The duties and authority of
the department of social and health services and of each
superintendent or chief administrator of a residential school
to support each program of education conducted by a school
district pursuant to RCW 28A.190.030, shall include the following:
(1) The provision of transportation for residential school
students to and from the sites of the program of education
through the purchase, lease or rental of school buses and
other vehicles as necessary;
(2) The provision of safe and healthy building and playground space for the conduct of the program of education
through the construction, purchase, lease or rental of such
space as necessary;
(3) The provision of furniture, vocational instruction
machines and tools, building and playground fixtures, and
other equipment and fixtures for the conduct of the program
of education through construction, purchase, lease or rental
as necessary;
(4) The provision of heat, lights, telephones, janitorial
services, repair services, and other support services for the
vehicles, building and playground spaces, equipment and fixtures provided for in this section;
(5) The employment, supervision and control of persons
to transport students and to maintain the vehicles, building
[Title 28A RCW—page 31]
28A.190.050
Title 28A RCW: Common School Provisions
and playground spaces, equipment and fixtures, provided for
in this section;
(6) Clinical and medical evaluation services necessary to
a determination by the school district of the educational
needs of residential school students; and
(7) Such other support services and facilities as are reasonably necessary for the conduct of the program of education. [1990 c 33 § 173; 1979 ex.s. c 217 § 3. Formerly RCW
28A.58.774.]
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
28A.190.050
28A.190.050 Educational programs for residential
school residents—Contracts between school district and
DSHS—Scope. Each school district required to conduct a
program of education pursuant to RCW 28A.190.030, and the
department of social and health services shall hereafter negotiate and execute a written contract for each school year or
such longer period as may be agreed to which delineates the
manner in which their respective duties and authority will be
cooperatively performed and exercised, and any disputes and
grievances resolved. Any such contract may provide for the
performance of duties by a school district in addition to those
set forth in RCW 28A.190.030 (1) through (5), including
duties imposed upon the department of social and health services and its agents pursuant to RCW 28A.190.040: PROVIDED, That funds identified in RCW 28A.190.030(6)
and/or funds provided by the department of social and health
services are available to fully pay the direct and indirect costs
of such additional duties and the district is otherwise authorized by law to perform such duties in connection with the
maintenance and operation of a school district. [1990 c 33 §
174; 1979 ex.s. c 217 § 4. Formerly RCW 28A.58.776.]
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
28A.190.060
28A.190.060 Educational programs for residential
school residents—DSHS to give notice when need for
reduction of staff—Liability upon failure. The department
of social and health services shall provide written notice on or
before April 15th of each school year to the superintendent of
each school district conducting a program of education pursuant to RCW 28A.190.030 through 28A.190.050 of any
foreseeable residential school closure, reduction in the number of residents, or any other cause for a reduction in the
school district's staff for the next school year. In the event the
department of social and health services fails to provide
notice as prescribed by this section, the department shall be
liable and responsible for the payment of the salary and
employment related costs for the next school year of each
school district employee whose contract the school district
would have nonrenewed but for the failure of the department
to provide notice. [1990 c 33 § 175; 1979 ex.s. c 217 § 5. Formerly RCW 28A.58.778.]
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
[Title 28A RCW—page 32]
Chapter 28A.193
Chapter 28A.193 RCW
EDUCATION PROGRAMS FOR
JUVENILE INMATES
Sections
28A.193.005 Intent—Findings.
28A.193.010 Operation of program by school district or educational service district.
28A.193.020 Solicitation for education provider—Selection of provider—
Operation of program by educational service district.
28A.193.030 Duties and authority of education provider—Continuation in
program by students age eighteen.
28A.193.040 Education providers—Additional authority and limitations.
28A.193.050 Required support of education programs.
28A.193.060 Contract between education providers and department of corrections.
28A.193.070 Education site closures or reduction in services—Notice to
the superintendent of public instruction and education providers—Liability for failure to provide notice—Alternative dispute resolution.
28A.193.080 Allocation of money—Accountability requirements—Rules.
28A.193.900 Effective date—1998 c 244 §§ 1-9 and 11-15.
28A.193.901 Severability—1998 c 244.
28A.193.005 Intent—Findings. The legislature
intends to provide for the operation of education programs
for the department of corrections' juvenile inmates. School
districts, educational service districts, or any combination
thereof should be the primary providers of the education programs. However, the legislature does not intend to preclude
community and technical colleges, four-year institutions of
higher education, or other qualified entities from contracting
to provide all or part of these education programs if no school
district or educational service district is willing to operate all
or part of the education programs.
The legislature finds that this chapter fully satisfies any
constitutional duty to provide education programs for juvenile inmates in adult correctional facilities. The legislature
further finds that biennial appropriations for education programs under this chapter amply provide for any constitutional
duty to educate juvenile inmates in adult correctional facilities. [1998 c 244 § 1.]
28A.193.005
28A.193.010 Operation of program by school district
or educational service district. Any school district or educational service district may operate all or any portion of an
education program for juveniles in accordance with this
chapter, notwithstanding the fact the services or benefits provided extend beyond the geographic boundaries of the school
district or educational service district providing the service.
[1998 c 244 § 2.]
28A.193.010
28A.193.020 Solicitation for education provider—
Selection of provider—Operation of program by educational service district. The superintendent of public instruction shall solicit an education provider for the department of
corrections' juvenile inmates within sixty days as follows:
(1) The superintendent of public instruction shall notify
and solicit proposals from all interested and capable school
districts, educational service districts, institutions of higher
education, private contractors, or any combination thereof.
The notice shall describe the proposed education program's
requirements and the appropriated amount. The selection of
an education provider shall be in the following order:
(a) The school district where there is an educational site
for juveniles in an adult correctional facility maintained by
28A.193.020
(2004 Ed.)
Education Programs for Juvenile Inmates
the state department of corrections has first priority to operate
an education program for inmates at that site. The district
may elect to operate an education program by itself or with
another school district, educational service district, institution of higher education, private contractor, or any combination thereof. If the school district elects not to exercise its priority, it shall notify the superintendent of public instruction
within thirty calendar days of the day of solicitation.
(b) The educational service district where there is an
educational site for juveniles in an adult correctional facility
maintained by the state department of corrections has second
priority to operate an education program for inmates at that
site. The educational service district may elect to do so by
itself or with a school district, another educational service
district, institution of higher education, private contractor, or
any combination thereof. If the educational service district
elects not to exercise its priority, it shall notify the superintendent of public instruction within forty-five calendar days
of the day of solicitation.
(c) If neither the school district nor the educational service district chooses to operate an education program for
inmates as provided for in (a) and (b) of this subsection, the
superintendent of public instruction may contract with an
entity, including, but not limited to, school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof, within sixty calendar days of the day of solicitation. The selected entity may
operate an education program by itself or with another school
district, educational service district, institution of higher education, or private contractor, or any combination thereof.
(2) If the superintendent of public instruction does not
contract with an interested entity within sixty days of the day
of solicitation, the educational service district where there is
an educational site for juveniles in an adult correctional facility maintained by the state department of corrections shall
begin operating the education program for inmates at the site
within ninety days from the day of solicitation in subsection
(1) of this section. [1998 c 244 § 3.]
28A.193.030 Duties and authority of education provider—Continuation in program by students age eighteen. Except as otherwise provided for by contract under
RCW 28A.193.060, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs
under this chapter are limited to the following:
(1) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security
clearance by the department of corrections;
(2) Purchasing, leasing, or renting and providing textbooks, maps, audiovisual equipment, paper, writing instruments, physical education equipment, and other instructional
equipment, materials, and supplies deemed necessary by the
provider of the education programs;
(3) Conducting education programs for inmates under
the age of eighteen in accordance with program standards
established by the superintendent of public instruction. The
education provider shall develop the curricula, instructional
methods, and educational objectives of the education programs, subject to applicable requirements of state and federal
28A.193.030
(2004 Ed.)
28A.193.060
law. The department of corrections shall establish behavior
standards that govern inmate participation in education programs, subject to applicable requirements of state and federal
law;
(4) Students age eighteen who have participated in an
education program governed by this chapter may continue in
the program with the permission of the department of corrections and the education provider, under the rules adopted by
the superintendent of public instruction. [1998 c 244 § 4.]
28A.193.040
28A.193.040 Education providers—Additional
authority and limitations. School districts and educational
service districts providing an education program to juvenile
inmates in an adult corrections [correctional] facility, notwithstanding that their geographical boundaries do not
include the facility, may:
(1) Award appropriate diplomas or certificates to
inmates who successfully complete graduation requirements;
(2) Spend only funds appropriated by the legislature and
allocated by the superintendent of public instruction for the
exclusive purpose of maintaining and operating education
programs under this chapter, including direct and indirect
costs of maintaining and operating the education programs,
and funds from federal and private grants, bequests, and gifts
made for that purpose. School districts may not expend
excess tax levy proceeds authorized for school district purposes to pay costs incurred under this chapter. [1998 c 244 §
5.]
28A.193.050
28A.193.050 Required support of education programs. To support each education program under this chapter, the department of corrections and each superintendent or
chief administrator of a correction facility shall:
(1) Through construction, lease, or rental of space, provide necessary building and exercise spaces for the education
program that is secure, separate, and apart from space occupied by nonstudent inmates;
(2) Through construction, lease, or rental, provide vocational instruction machines; technology and supporting
equipment; tools, building, and exercise facilities; and other
equipment and fixtures deemed necessary by the department
of corrections to conduct the education program;
(3) Provide heat, lights, telephone, janitorial services,
repair services, and other support services for the building
and exercise spaces, equipment, and fixtures provided under
this section;
(4) Employ, supervise, and control security staff to safeguard agents of the education providers and inmates while
engaged in educational and related activities conducted under
this chapter;
(5) Provide clinical and medical evaluation services necessary for a determination by the education provider of the
educational needs of inmates; and
(6) Provide such other support services and facilities as
are reasonably necessary to conduct the education program.
[1998 c 244 § 6.]
28A.193.060
28A.193.060 Contract between education providers
and department of corrections. Each education provider
under this chapter and the department of corrections shall
[Title 28A RCW—page 33]
28A.193.070
Title 28A RCW: Common School Provisions
negotiate and execute a written contract for each school year
or such longer period as may be agreed to that delineates the
manner in which their respective duties and authority will be
cooperatively performed and exercised, and any disputes and
grievances resolved through mediation, and if necessary,
arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those
set forth in this chapter, including duties imposed upon the
department of corrections and its agents under RCW
28A.193.050 if supplemental funding provided by the department of corrections is available to fully pay the direct and
indirect costs of these additional duties. [1998 c 244 § 7.]
28A.193.070
28A.193.070 Education site closures or reduction in
services—Notice to the superintendent of public instruction and education providers—Liability for failure to
provide notice—Alternative dispute resolution. By April
15th of each school year, the department of corrections shall
provide written notice to the superintendent of public instruction and education providers operating programs under this
chapter of any reasonably foreseeable education site closures,
reductions in the number of inmates or education services, or
any other cause for a reduction in certificated or classified
staff the next school year. In the event the department of corrections fails to provide notice as required by this section, the
department is liable and responsible for the payment of the
salary and employment-related costs for the next school year
of each employee whose contract would or could have been
nonrenewed but for the failure of the department to provide
notice. Disputes arising under this section shall be resolved in
accordance with the alternative dispute resolution method or
methods specified in the contract required by RCW
28A.193.060. [1998 c 244 § 8.]
28A.193.080
28A.193.080 Allocation of money—Accountability
requirements—Rules. The superintendent of public
instruction shall:
(1) Allocate money appropriated by the legislature to
administer and provide education programs under this chapter to school districts, educational service districts, and other
education providers selected under RCW 28A.193.020 that
have assumed the primary responsibility to administer and
provide education programs under this chapter. The allocation of moneys to any private contractor is contingent upon
and must be in accordance with a contract between the private contractor and the department of corrections; and
(2) Adopt rules in accordance with chapter 34.05 RCW
that establish reporting, program compliance, audit, and such
other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the
biennial operating act effectively. [1998 c 244 § 9.]
28A.193.900
28A.193.900 Effective date—1998 c 244 §§ 1-9 and
11-15. Sections 1 through 9 and 11 through 15 of this act are
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and take effect immediately
[March 30, 1998]. [1998 c 244 § 17.]
[Title 28A RCW—page 34]
28A.193.901 Severability—1998 c 244. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1998 c 244 § 19.]
28A.193.901
Chapter 28A.195
Chapter 28A.195 RCW
PRIVATE SCHOOLS
Sections
28A.195.010
28A.195.020
28A.195.030
28A.195.040
28A.195.050
28A.195.060
28A.195.070
28A.195.080
Private schools—Exemption from high school assessment
requirements—Extension programs for parents to
teach children in their custody.
Private schools—Rights recognized.
Private schools—Actions appealable under Administrative Procedure Act.
Private schools—Board rules for enforcement—Racial
segregation or discrimination prohibited.
Private school advisory committee.
Private schools must report attendance.
Official transcript withholding—Transmittal of information.
Record checks—Findings—Authority to require.
28A.195.010
28A.195.010 Private schools—Exemption from high
school assessment requirements—Extension programs
for parents to teach children in their custody. The legislature hereby recognizes that private schools should be subject
only to those minimum state controls necessary to insure the
health and safety of all the students in the state and to insure
a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not
restrict or dictate any specific educational or other programs
for private schools except as hereinafter in this section provided.
Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the
minimum requirements hereinafter set forth are being met,
noting any deviations. After review of the statement, the
state superintendent will notify schools or school districts of
those deviations which must be corrected. In case of major
deviations, the school or school district may request and the
state board of education may grant provisional status for one
year in order that the school or school district may take action
to meet the requirements. The state board of education shall
not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a
certificate of individual achievement to graduate from high
school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.655.061.
However, private schools may choose, on a voluntary basis,
to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual
achievement. Minimum requirements shall be as follows:
(1) The minimum school year for instructional purposes
shall consist of no less than one hundred eighty school days
or the equivalent in annual minimum program hour offerings
as prescribed in RCW 28A.150.220.
(2) The school day shall be the same as that required in
RCW 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in
RCW 28A.150.220 for basic skills, work skills, and optional
(2004 Ed.)
Private Schools
subjects and activities shall not apply to private schools or
private sectarian schools.
(3) All classroom teachers shall hold appropriate Washington state certification except as follows:
(a) Teachers for religious courses or courses for which
no counterpart exists in public schools shall not be required to
obtain a state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence
but without certification may teach students so long as a certified person exercises general supervision. Annual written
statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.
(4) An approved private school may operate an extension
program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:
(a) The parent, guardian, or custodian be under the
supervision of an employee of the approved private school
who is certified under chapter 28A.410 RCW;
(b) The planning by the certified person and the parent,
guardian, or person having legal custody include objectives
consistent with this subsection and subsections (1), (2), (5),
(6), and (7) of this section;
(c) The certified person spend a minimum average each
month of one contact hour per week with each student under
his or her supervision who is enrolled in the approved private
school extension program;
(d) Each student's progress be evaluated by the certified
person; and
(e) The certified employee shall not supervise more than
thirty students enrolled in the approved private school's
extension program.
(5) Appropriate measures shall be taken to safeguard all
permanent records against loss or damage.
(6) The physical facilities of the school or district shall
be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential
dwelling of the parent, guardian, or custodian shall be
deemed to be an adequate physical facility when a parent,
guardian, or person having legal custody is instructing his or
her child under subsection (4) of this section.
(7) Private school curriculum shall include instruction of
the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing,
spelling, and the development of appreciation of art and
music, all in sufficient units for meeting state board of education graduation requirements.
(8) Each school or school district shall be required to
maintain up-to-date policy statements related to the administration and operation of the school or school district.
All decisions of policy, philosophy, selection of books,
teaching material, curriculum, except as in subsection (7) of
this section provided, school rules and administration, or
other matters not specifically referred to in this section, shall
be the responsibility of the administration and administrators
of the particular private school involved. [2004 c 19 § 106;
1993 c 336 § 1101; (1992 c 141 § 505 repealed by 1993 c 336
§ 1102); 1990 c 33 § 176. Prior: 1985 c 441 § 4; 1985 c 16
(2004 Ed.)
28A.195.040
§ 1; 1983 c 56 § 1; 1977 ex.s. c 359 § 9; 1975 1st ex.s. c 275
§ 71; 1974 ex.s. c 92 § 2. Formerly RCW 28A.02.201.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Severability—1985 c 441: See note following RCW 28A.225.010.
Severability—1983 c 56: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1983 c 56 § 18.]
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Authorization for private school students to ride buses—Conditions: RCW
28A.160.020.
Basic Education Act, RCW 28A.195.010 as part of: RCW 28A.150.200.
Commencement exercises—Lip reading instruction—Joint purchasing,
including issuing interest bearing warrants—Budgets: RCW
28A.320.080.
Home-based instruction: RCW 28A.200.010.
Immunization program, private schools as affecting: RCW 28A.210.060
through 28A.210.170.
Part-time students—Defined—Enrollment in public schools authorized:
RCW 28A.150.350.
Real property—Sale—Notice of and hearing on—Appraisal required—Broker or real estate appraiser services—Real estate sales contracts, limitation: RCW 28A.335.120.
Surplus school property, rental, lease or use of—Authorized—Limitations:
RCW 28A.335.040.
Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180.
28A.195.020
28A.195.020 Private schools—Rights recognized.
The state recognizes the following rights of every private
school:
(1) To teach their religious beliefs and doctrines, if any;
to pray in class and in assemblies; to teach patriotism including requiring students to salute the flag of the United States if
that be the custom of the particular private school.
(2) To require that there shall be on file the written consent of parents or guardians of students prior to the administration of any psychological test or the conduct of any type of
group therapy. [1974 ex.s. c 92 § 3; 1971 ex.s. c 215 § 5. Formerly RCW 28A.02.220.]
Severability—1971 ex.s. c 215: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 215 § 8.]
28A.195.030
28A.195.030 Private schools—Actions appealable
under Administrative Procedure Act. Any private school
may appeal the actions of the state superintendent of public
instruction or state board of education as provided in chapter
34.05 RCW. [1974 ex.s. c 92 § 4; 1971 ex.s. c 215 § 6. Formerly RCW 28A.02.230.]
28A.195.040
28A.195.040 Private schools—Board rules for
enforcement—Racial segregation or discrimination prohibited. The state board of education shall promulgate rules
and regulations for the enforcement of RCW 28A.195.010
[Title 28A RCW—page 35]
28A.195.050
Title 28A RCW: Common School Provisions
through 28A.195.040, 28A.225.010, and 28A.305.130,
including a provision which denies approval to any school
engaging in a policy of racial segregation or discrimination.
[1990 c 33 § 177; 1983 c 3 § 29; 1974 ex.s. c 92 § 5; 1971
ex.s. c 215 § 7. Formerly RCW 28A.02.240.]
28A.195.050
28A.195.050 Private school advisory committee. The
superintendent of public instruction is hereby directed to
appoint a private school advisory committee that is broadly
representative of educators, legislators, and various private
school groups in the state of Washington. [1984 c 40 § 1;
1974 ex.s. c 92 § 6. Formerly RCW 28A.02.250.]
Severability—1984 c 40: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1984 c 40 § 17.]
28A.195.060
28A.195.060 Private schools must report attendance.
It shall be the duty of the administrative or executive authority of every private school in this state to report to the educational service district superintendent on or before the thirtieth
day of June in each year, on a form to be furnished, such
information as may be required by the superintendent of public instruction, to make complete the records of education
work pertaining to all children residing within the state.
[1975 1st ex.s. c 275 § 70; 1969 ex.s. c 176 § 111; 1969 ex.s.
c 223 § 28A.48.055. Prior: 1933 c 28 § 14; 1913 c 158 § 1;
1909 c 97 p 313 § 6; RRS § 4876. Formerly RCW
28A.48.055, 28.48.055, 28.27.020.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.195.070
28A.195.070 Official transcript withholding—Transmittal of information. If a student who previously attended
an approved private school enrolls in a public school but has
not paid tuition, fees, or fines at the approved private school,
the approved private school may withhold the student's official transcript, but shall transmit information to the public
school about the student's academic performance, special
placement, immunization records, and records of disciplinary
action. [1997 c 266 § 5.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.195.080
28A.195.080 Record checks—Findings—Authority
to require. (1) The legislature finds additional safeguards
are necessary to ensure safety of school children attending
private schools in the state of Washington. Private schools
approved under this chapter are authorized to require that
employees who have regularly scheduled unsupervised
access to children, whether current employees on May 5,
1999, or applicants for employment on or after May 5, 1999,
undergo a record check through the Washington state patrol
criminal identification system under RCW 43.43.830 through
43.43.838, 10.97.030, and 10.97.050 and through the federal
bureau of investigation. The record check shall include a fingerprint check using a complete Washington state criminal
identification fingerprint card. Employees or applicants for
employment who have completed a record check in accordance with RCW 28A.410.010 shall not be required to
undergo a record check under this section. The superinten[Title 28A RCW—page 36]
dent of public instruction shall provide a copy of the record
report to the employee or applicant. If an employee or applicant has undergone a record check as authorized under this
section, additional record checks shall not be required unless
required by other provisions of law.
(2) The approved private school, the employee, or the
applicant shall pay the costs associated with the record check
authorized in this section.
(3) Applicants may be employed on a conditional basis
pending completion of the investigation. If the employee or
applicant has had a record check within the previous two
years, the approved private school or contractor may waive
any record check required by the approved private school
under subsection (1) of this section. [1999 c 187 § 1.]
Effective date—1999 c 187: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 5, 1999]." [1999 c 187 § 2.]
Chapter 28A.200
Chapter 28A.200 RCW
HOME-BASED INSTRUCTION
Sections
28A.200.010 Home-based instruction—Duties of parents—Exemption
from high school assessment requirements.
28A.200.020 Home-based instruction—Certain decisions responsibility of
parent unless otherwise specified.
28A.200.010 Home-based instruction—Duties of
parents—Exemption from high school assessment
requirements. (1) Each parent whose child is receiving
home-based instruction under RCW 28A.225.010(4) shall
have the duty to:
(a) File annually a signed declaration of intent that he or
she is planning to cause his or her child to receive homebased instruction. The statement shall include the name and
age of the child, shall specify whether a certificated person
will be supervising the instruction, and shall be written in a
format prescribed by the superintendent of public instruction.
Each parent shall file the statement by September 15th of the
school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent
resides or the district that accepts the transfer, and the student
shall be deemed a transfer student of the nonresident district.
Parents may apply for transfer under RCW 28A.225.220;
(b) Ensure that test scores or annual academic progress
assessments and immunization records, together with any
other records that are kept relating to the instructional and
educational activities provided, are forwarded to any other
public or private school to which the child transfers. At the
time of a transfer to a public school, the superintendent of the
local school district in which the child enrolls may require a
standardized achievement test to be administered and shall
have the authority to determine the appropriate grade and
course level placement of the child after consultation with
parents and review of the child's records; and
(c) Ensure that a standardized achievement test approved
by the state board of education is administered annually to the
child by a qualified individual or that an annual assessment of
the student's academic progress is written by a certificated
person who is currently working in the field of education.
28A.200.010
(2004 Ed.)
Education Centers
The state board of education shall not require these children
to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to
obtain a certificate of academic achievement or a certificate
of individual achievement pursuant to RCW 28A.655.061
and 28A.155.045. The standardized test administered or the
annual academic progress assessment written shall be made a
part of the child's permanent records. If, as a result of the
annual test or assessment, it is determined that the child is not
making reasonable progress consistent with his or her age or
stage of development, the parent shall make a good faith
effort to remedy any deficiency.
(2) Failure of a parent to comply with the duties in this
section shall be deemed a failure of such parent's child to
attend school without valid justification under RCW
28A.225.020. Parents who do comply with the duties set
forth in this section shall be presumed to be providing homebased instruction as set forth in RCW 28A.225.010(4). [2004
c 19 § 107; 1995 c 52 § 1; 1993 c 336 § 1103; 1990 c 33 §
178; 1985 c 441 § 2. Formerly RCW 28A.27.310.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Severability—1985 c 441: See note following RCW 28A.225.010.
Part-time students—Defined—Enrollment in public schools authorized:
RCW 28A.150.350.
Private schools—Extension programs for parents to teach children in their
custody: RCW 28A.195.010.
28A.200.020
28A.200.020 Home-based instruction—Certain decisions responsibility of parent unless otherwise specified.
The state hereby recognizes that parents who are causing
their children to receive home-based instruction under RCW
28A.225.010(4) shall be subject only to those minimum state
laws and regulations which are necessary to insure that a sufficient basic educational opportunity is provided to the children receiving such instruction. Therefore, all decisions relating to philosophy or doctrine, selection of books, teaching
materials and curriculum, and methods, timing, and place in
the provision or evaluation of home-based instruction shall
be the responsibility of the parent except for matters specifically referred to in this chapter. [1990 c 33 § 179; 1985 c 441
§ 3. Formerly RCW 28A.27.320.]
Severability—1985 c 441: See note following RCW 28A.225.010.
Chapter 28A.205
Chapter 28A.205 RCW
EDUCATION CENTERS
(Formerly: Educational clinics)
Sections
28A.205.010
28A.205.020
28A.205.030
28A.205.040
28A.205.050
28A.205.070
28A.205.080
28A.205.090
(2004 Ed.)
"Education center," "basic academic skills," defined—Certification as education center and withdrawal thereof.
Common school dropouts—Reimbursement.
Reentry of prior dropouts into common schools, rules—Eligibility for GED test.
Fees—Rules—Priority for payment—Review of records.
Rules.
Allocation of funds—Criteria—Duties of superintendent.
Legislative findings—Distribution of funds—Cooperation
with school districts.
Inclusion of education centers program in biennial budget
request—Quarterly plans—Funds—Payment.
28A.205.020
28A.205.010
28A.205.010 "Education center," "basic academic
skills," defined—Certification as education center and
withdrawal thereof. (1) As used in this chapter, unless the
context thereof shall clearly indicate to the contrary:
"Education center" means any private school operated on
a profit or nonprofit basis which does the following:
(a) Is devoted to the teaching of basic academic skills,
including specific attention to improvement of student motivation for achieving, and employment orientation.
(b) Operates on a clinical, client centered basis. This
shall include, but not be limited to, performing diagnosis of
individual educational abilities, determination and setting of
individual goals, prescribing and providing individual
courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.
(c) Conducts courses of instruction by professionally
trained personnel certificated by the state board of education
according to rules adopted for the purposes of this chapter
and providing, for certification purposes, that a year's teaching experience in an education center shall be deemed equal
to a year's teaching experience in a common or private
school.
(2) For purposes of this chapter, basic academic skills
shall include the study of mathematics, speech, language,
reading and composition, science, history, literature and
political science or civics; it shall not include courses of a
vocational training nature and shall not include courses
deemed nonessential to the accrediting of the common
schools or the approval of private schools under RCW
28A.305.130.
(3) The state board of education shall certify an education center only upon application and (a) determination that
such school comes within the definition thereof as set forth in
subsection (1) of this section and (b) demonstration on the
basis of actual educational performance of such applicants'
students which shows after consideration of their students'
backgrounds, educational gains that are a direct result of the
applicants' educational program. Such certification may be
withdrawn if the board finds that a center fails to provide adequate instruction in basic academic skills. No education center certified by the state board of education pursuant to this
section shall be deemed a common school under RCW
28A.150.020 or a private school for the purposes of RCW
28A.195.010 through 28A.195.050. [1999 c 348 § 2; 1993 c
211 § 1; 1990 c 33 § 180; 1983 c 3 § 38; 1977 ex.s. c 341 § 1.
Formerly RCW 28A.97.010.]
Intent—1999 c 348: "During 1997 and 1998, a committee of the state
board of education reviewed all board rules and related authorizing statutes.
Based on the findings and recommendations resulting from the review, the
state board prepared a report to the legislature requesting action be taken. It
is the intent of this act to implement recommendations of the state board of
education." [1999 c 348 § 1.]
Severability—1977 ex.s. c 341: "If any provision of this 1977 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 341 § 7.]
28A.205.020
28A.205.020 Common school dropouts—Reimbursement. Only eligible common school dropouts shall be
enrolled in a certified education center for reimbursement by
the superintendent of public instruction as provided in RCW
28A.205.040. A person is not an eligible common school
[Title 28A RCW—page 37]
28A.205.030
Title 28A RCW: Common School Provisions
dropout if: (1) The person has completed high school, (2) the
person has not reached his or her twelfth birthday or has
passed his or her twentieth birthday, (3) the person shows
proficiency beyond the high school level in a test approved
by the state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has
passed after the person has dropped out of any common
school and the education center has not received written verification from a school official of the common school last
attended in this state that the person is no longer in attendance
at the school. A person is an eligible common school dropout
even if one month has not passed since the person dropped
out if the board of directors or its designee, of that common
school, requests the center to admit the person because the
person has dropped out or because the person is unable to
attend a particular common school because of disciplinary
reasons, including suspension and/or expulsion. The fact that
any person may be subject to RCW 28A.225.010 through
28A.225.140, 28A.200.010, and 28A.200.020 shall not affect
his or her qualifications as an eligible common school dropout under this chapter. [1999 c 348 § 3; 1997 c 265 § 7; 1993
c 211 § 2; 1990 c 33 § 181; 1979 ex.s. c 174 § 1; 1977 ex.s. c
341 § 2. Formerly RCW 28A.97.020.]
Intent—1999 c 348: See note following RCW 28A.205.010.
Severability—1997 c 265: See note following RCW 13.40.160.
Severability—1979 ex.s. c 174: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 174 § 4.]
Seve ra bi li ty—1 977 e x.s. c 341 : Se e no te fo llo wing R CW
28A.205.010.
28A.205.030 Reentry of prior dropouts into common
schools, rules—Eligibility for GED test. The superintendent of public instruction shall adopt, by rules, policies and
procedures to permit a prior common school dropout to reenter at the grade level appropriate to such individual's ability:
PROVIDED, That such individual shall be placed with the
class he or she would be in had he or she not dropped out and
graduate with that class, if the student's ability so permits notwithstanding any loss of credits prior to reentry and if such
student earns credits at the normal rate subsequent to reentry.
Notwithstanding any other provision of law, any certified education center student sixteen years of age or older,
upon completion of an individual student program, shall be
eligible to take the general educational development test as
given throughout the state. [1993 c 218 § 2; 1993 c 211 § 3;
1990 c 33 § 182; 1977 ex.s. c 341 § 3. Formerly RCW
28A.97.030.]
28A.205.030
Reviser's note: This section was amended by 1993 c 211 § 3 and by
1993 c 218 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Seve ra bi li ty—1 977 e x.s. c 341 : Se e no te fo llo wing R CW
28A.205.010.
28A.205.040
28A.205.040 Fees—Rules—Priority for payment—
Review of records. (1)(a) From funds appropriated for that
purpose, the superintendent of public instruction shall pay
fees to a certified center on a monthly basis for each student
enrolled in compliance with RCW 28A.205.020. The superintendent shall set fees by rule.
[Title 28A RCW—page 38]
(b) Revisions in such fees proposed by an education center shall become effective after thirty days notice unless the
superintendent finds such a revision is unreasonable in which
case the revision shall not take effect. An education center
may, within fifteen days after such a finding by the superintendent, file notification of appeal with the state board of education which shall, no later than its second regularly scheduled meeting following notification of such appeal, either
grant or deny the proposed revision. The administration of
any general education development test shall not be a part of
such initial diagnostic procedure.
(c) Reimbursements shall not be made for students who
are absent.
(d) No center shall make any charge to any student, or
the student's parent, guardian or custodian, for whom a fee is
being received under the provisions of this section.
(2) Payments shall be made from available funds first to
those centers that have in the judgment of the superintendent
demonstrated superior performance based upon consideration of students' educational gains taking into account such
students' backgrounds, and upon consideration of cost effectiveness. In considering the cost effectiveness of nonprofit
centers the superintendent shall take into account not only
payments made under this section but also factors such as tax
exemptions, direct and indirect subsidies or any other cost to
taxpayers at any level of government which result from such
nonprofit status.
(3) To be eligible for such payment, every such center,
without prior notice, shall permit a review of its accounting
records by personnel of the state auditor during normal business hours.
(4) If total funds for this purpose approach depletion, the
superintendent shall notify the centers of the date after which
further funds for reimbursement of the centers' services will
be exhausted. [1999 c 348 § 4; 1990 c 33 § 183; 1979 ex.s. c
174 § 2; 1977 ex.s. c 341 § 4. Formerly RCW 28A.97.040.]
Intent—1999 c 348: See note following RCW 28A.205.010.
Seve ra bili ty— 1979 e x.s. c 174 : Se e no te fo llo wing R CW
28A.205.020.
Seve ra bili ty— 1977 e x.s. c 341 : Se e no te fo llo wing R CW
28A.205.010.
28A.205.050
28A.205.050 Rules. In accordance with chapter 34.05
RCW, the administrative procedure act, the state board of
education with respect to the matter of certification, and the
superintendent of public instruction with respect to all other
matters, shall have the power and duty to make the necessary
rules to carry out the purpose and intent of this chapter.
[1995 c 335 § 201; 1993 c 211 § 4; 1990 c 33 § 184; 1977
ex.s. c 341 § 5. Formerly RCW 28A.97.050.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Seve ra bili ty— 1977 e x.s. c 341 : Se e no te fo llo wing R CW
28A.205.010.
28A.205.070
28A.205.070 Allocation of funds—Criteria—Duties
of superintendent. In allocating funds appropriated for education centers, the superintendent of public instruction shall:
(1) Place priority upon stability and adequacy of funding
for education centers that have demonstrated superior performance as defined in RCW 28A.205.040(2).
(2004 Ed.)
Charter Schools
(2) Initiate and maintain a competitive review process to
select new or expanded center programs in unserved or
underserved areas. The criteria for review of competitive proposals for new or expanded education center services shall
include but not be limited to:
(a) The proposing organization shall have obtained certification from the state board of education as provided in
RCW 28A.205.010;
(b) The cost-effectiveness of the proposal; and
(c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program.
(3) In selecting areas for new or expanded education center programs, the superintendent of public instruction shall
consider factors including but not limited to:
(a) The proportion and total number of dropouts
unserved by existing center programs, if any;
(b) The availability within the geographic area of programs other than education centers which address the basic
educational needs of dropouts; and
(c) Waiting lists or other evidence of demand for
expanded education center programs.
(4) In the event of any curtailment of services resulting
from lowered legislative appropriations, the superintendent
of public instruction shall issue pro rata reductions to all centers funded at the time of the lowered appropriation. Individual centers may be exempted from such pro rata reductions if
the superintendent finds that such reductions would impair
the center's ability to operate at minimally acceptable levels
of service. In the event of such exceptions, the superintendent
shall determine an appropriate rate for reduction to permit the
center to continue operation.
(5) In the event that an additional center or centers
become certified and apply to the superintendent for funds to
be allocated from a legislative appropriation which does not
increase from the immediately preceding biennium, or does
not increase sufficiently to allow such additional center or
centers to operate at minimally acceptable levels of service
without reducing the funds available to previously funded
centers, the superintendent shall not provide funding for such
additional center or centers from such appropriation. [1993 c
211 § 6; 1990 c 33 § 185; 1985 c 434 § 3. Formerly RCW
28A.97.120.]
Intent—1985 c 434: "It is the intent of this act to provide for an equitable distribution of funds appropriated for educational clinics, to stabilize
existing programs, and to provide a system for orderly expansion or
retrenchment in the event of future increases or reductions in program appropriations." [1985 c 434 § 1.]
28A.205.080
28A.205.080 Legislative findings—Distribution of
funds—Cooperation with school districts. The legislature
recognizes that education centers provide a necessary and
effective service for students who have dropped out of common school programs. Education centers have demonstrated
success in preparing such youth for productive roles in society and are an integral part of the state's program to address
the needs of students who have dropped out of school. The
superintendent of public instruction shall distribute funds,
consistent with legislative appropriations, allocated specifically for education centers in accord with chapter 28A.205
RCW. The legislature encourages school districts to explore
cooperation with education centers pursuant to RCW
(2004 Ed.)
28A.208.010
28A.150.305. [1997 c 265 § 8; 1993 c 211 § 7; 1990 c 33 §
186; 1987 c 518 § 220. Formerly RCW 28A.97.125.]
Severability—1997 c 265: See note following RCW 13.40.160.
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
28A.205.090 Inclusion of education centers program
in biennial budget request—Quarterly plans—Funds—
Payment. The superintendent shall include the education
centers program in the biennial budget request. Contracts
between the superintendent of public instruction and the education centers shall include quarterly plans which provide for
relatively stable student enrollment but take into consideration anticipated seasonal variations in enrollment in the individual centers. Funds which are not expended by a center
during the quarter for which they were planned may be carried forward to subsequent quarters of the fiscal year. The
superintendent shall make payments to the centers on a
monthly basis pursuant to RCW 28A.205.040. [1993 c 211 §
8; 1990 c 33 § 187; 1985 c 434 § 4. Formerly RCW
28A.97.130.]
28A.205.090
Intent—1985 c 434: See note following RCW 28A.205.070.
Chapter 28A.208
Chapter 28A.208 RCW
CHARTER SCHOOLS
Sections
28A.208.010
28A.208.020
28A.208.030
28A.208.040
28A.208.050
28A.208.060
28A.208.070
28A.208.080
28A.208.090
28A.208.100
28A.208.110
28A.208.120
28A.208.130
28A.208.140
28A.208.150
28A.208.160
28A.208.900
28A.208.901
Intent—Finding.
Definitions.
Charter schools—Powers.
Legal status.
Charter schools—Exemptions.
Admission requirements.
Charter application—Chartering process.
Application requirements.
Approval criteria.
Charter agreement—Amendment.
Charter renewal and revocation.
Funding.
Administration fee.
Leaves of absence.
Study of charter schools.
Number of charter schools.
Captions not law—2004 c 22.
Severability—2004 c 22.
28A.208.010
28A.208.010 Intent—Finding. (Effective unless Referendum Measure No. 55 is approved at the November 2004
general election.) The legislature intends to authorize the
establishment of public charter schools within the general
and uniform system of public schools for the primary purpose
of providing more high-quality learning environments to
assist educationally disadvantaged students and other students in meeting the state's academic standards. The legislature intends for charter schools to function as an integral element of the public school system maintained at public
expense, free from discrimination, and open to all students in
the state, and to be subject to the same or greater academic
standards and performance outcomes as other public schools.
The legislature intends to encourage school districts to consider using the chartering process as an optional tool to
achieve state and federal academic accountability goals. The
legislature finds that in addition to providing more high-quality public school choices for families, teachers, and students,
[Title 28A RCW—page 39]
28A.208.020
Title 28A RCW: Common School Provisions
public charter schools may be a tool to improve schools in
which significant numbers of students persistently fail to
meet state or federal standards. The legislature also intends
to authorize the use of the chartering process as a state intervention strategy, consistent with the provisions of the federal
no child left behind act of 2001, to provide assistance to
schools in which significant numbers of students persistently
fail to meet state and federal standards. The legislature also
intends to ensure accountability of charter schools through
the use of performance audits and a comprehensive study of
charter schools, and to use the information generated to demonstrate how charter schools can contribute to existing education reform efforts focused on raising student academic
achievement. [2004 c 22 § 1.]
advantaged students, including students who qualify for free
and reduced priced meals; students exercising choice options
and seeking supplemental services under the federal no child
left behind act of 2001; and other students who may be at risk
of failing to meet state and federal academic performance
standards.
(8) "New charter school" means any charter school created under this chapter that is not a conversion charter school.
(9) "Sponsor" means the board of directors of the school
district in which the proposed charter school will be located,
if the board has approved a charter or if the board has agreed
to administer and implement a charter approved and authorized by the superintendent of public instruction under the
appeal process in RCW 28A.208.070. [2004 c 22 § 2.]
28A.208.020 Definitions. (Effective unless Referendum Measure No. 55 is approved at the November 2004
general election.) The definitions in this section apply
throughout this chapter unless the context clearly requires
otherwise.
(1) "Alternate sponsor" means: (a) The board of directors of an educational service district that has agreed to
assume the rights and responsibilities of an alternate sponsor
and to implement and administer a charter approved by the
s u p e r i n t e n d e n t o f p u b l i c i n s t r u ct i o n u n d e r R C W
28A.208.070; or (b) the superintendent of public instruction
if the superintendent has approved a charter under RCW
28A.208.070.
(2) "Applicant" means a nonprofit corporation that has
submitted an application to a sponsor or has filed an appeal
with the superintendent of public instruction to obtain
approval to operate a charter school. The nonprofit corporation must be either a public benefit nonprofit corporation as
defined in RCW 24.03.490, or a nonprofit corporation as
defined in RCW 24.03.005 that has applied for tax-exempt
status under section 501(c)(3) of the internal revenue code of
1986 (26 U.S.C. Sec. 501(c)(3)). The nonprofit corporation
may not be a sectarian or religious organization and must
meet all of the requirements for a public benefit nonprofit
corporation before receiving any funding under RCW
28A.208.120.
(3) "Charter school board" means the board of directors
appointed or elected by the applicant to manage and operate
the charter school, and may include one member of the local
school district board of directors who may serve as an ex officio member.
(4) "Charter" means a five-year contract between an
applicant and a sponsor or an alternate sponsor. The charter
establishes, in accordance with this chapter, the terms and
conditions for the management, operation, and educational
program of the charter school.
(5) "Charter school" means a public school managed by
a charter school board and operating according to the terms of
a charter approved under this chapter and includes a new
charter school and a conversion charter school.
(6) "Conversion charter school" means a charter school
created by converting an existing public school in its entirety
to a charter school under this chapter.
(7) "Educationally disadvantaged students" includes students with limited English proficiency; students with special
needs, including students with disabilities; economically dis-
28A.208.030 Charter schools—Powers. (Effective
unless Referendum Measure No. 55 is approved at the
November 2004 general election.) (1) To carry out its duty
to manage and operate the charter school, the charter school
board may:
(a) Hire, manage, and discharge any charter school
employee in accordance with the terms of this chapter and
that school's charter;
(b) Enter into a contract with any school district, or any
other public or private entity, also empowered to enter into
contracts, for any and all real property, equipment, goods,
supplies, and services, including educational instructional
services; however, this authority does not permit assigning,
delegating, or contracting out the administration and management of a charter school to a for-profit entity;
(c) Rent, lease, or own property, but may not acquire
property by eminent domain. All charters and charter school
contracts with other public and private entities must include
provisions regarding the disposition of the property if the
charter school fails to open as planned or closes, or the charter is revoked or not renewed;
(d) Issue secured and unsecured debt to manage cash
flow, improve operations, or finance the acquisition of real
property or equipment. The issuance is not a general, special,
or moral obligation of the state, the charter school sponsor,
the school district in which the charter school is located, or
any other political subdivision or agency of the state. Neither
the full faith and credit nor the taxing power of the state, the
charter school sponsor, the school district in which the charter school is located, or any other political subdivision or
agency of the state may be pledged for the payment of the
debt;
(e) Accept and administer for the benefit of the charter
school and its students, gifts, grants, and donations from
other governmental and private entities, excluding sectarian
or religious organizations. Charter schools may not accept
any gifts or donations the conditions of which violate this
chapter.
(2) A charter school may not charge tuition, levy taxes,
or issue tax-backed bonds, however it may charge fees for
optional noncredit extracurricular events.
(3) Neither a charter school sponsor nor an alternate
sponsor is liable for acts or omissions of a charter school or
its charter school board, including but not limited to acts or
omissions related to the application, the charter, the operation, the performance, and the closure of the charter school.
28A.208.020
[Title 28A RCW—page 40]
28A.208.030
(2004 Ed.)
Charter Schools
(4) A local school district board may appoint one of its
directors to serve as an ex officio member of the board of
directors of a charter school located in the school district.
[2004 c 22 § 3.]
28A.208.040
28A.208.040 Legal status. (Effective unless Referendum Measure No. 55 is approved at the November 2004
general election.) A charter school is a public school including one or more of grades kindergarten through twelve, operated by a board of directors appointed or elected by a charter
school applicant, according to the terms of a renewable fiveyear contract granted by a sponsor or an alternate sponsor. A
charter school may offer any program or course of study that
another public school may offer. A charter school must allow
students who are receiving home-based instruction under
chapter 28A.200 RCW to participate in its programs on a
part-time basis. [2004 c 22 § 4.]
28A.208.050
28A.208.050 Charter schools—Exemptions. (Effective unless Referendum Measure No. 55 is approved at the
November 2004 general election.) (1) A charter school shall
operate according to the terms of a charter approved by a
sponsor or by the superintendent of public instruction under
this chapter.
(2) Charter schools are exempt from all state statutes and
rules applicable to school districts and school district boards
of directors, including but not limited to rules regarding the
expenditure of state allocations as provided in RCW
28A.208.120, except those statutes and rules as provided for
and made applicable to charter schools in accordance with
this chapter and in the school's approved charter.
(3) A charter school's board of directors shall implement
a quality management system and conduct annual self-assessments.
(4) All approved charter schools shall:
(a) Comply with state and federal health, safety, parents'
rights, civil rights, and nondiscrimination laws, including, but
not limited to, the family educational rights and privacy act
(20 U.S.C. 1232g), chapter 28A.640 RCW (sexual equality),
and Title IX of the education amendments of 1972 (20 U.S.C.
Sec. 1681 et seq.) applicable to school districts, and to the
same extent as school districts;
(b) Participate in free and reduced priced meal programs
to the same extent as is required for other public schools;
(c) Participate in nationally normed standardized
achievement tests as required in RCW 28A.230.190,
28A.230.193, and 28A.230.230 and the elementary, middle
school, and high school standards, requirements, and assessment examinations as required in chapter 28A.655 RCW;
(d) Employ certificated instructional staff as required in
RCW 28A.410.010, however charter schools may hire noncertificated instructional staff of unusual competence and in
exceptional cases as specified in RCW 28A.150.260;
(e) Comply with the employee record check requirements in RCW 28A.400.303;
(f) Be subject to financial examinations and audits as
determined by the state auditor, including annual audits for
legal and fiscal compliance;
(g) Be subject to independent performance audits by a
qualified contractor selected jointly by the state auditor and
(2004 Ed.)
28A.208.060
the joint legislative audit and review committee beginning at
the conclusion of the third year of the school's operation, and
at least once every three years thereafter; however, a charter
school is not required to bear the expense of the audits;
(h) Comply with the annual performance report under
RCW 28A.655.110;
(i) Follow the performance improvement goals and
requirements adopted by the academic achievement and
accountability commission by rule under RCW 28A.655.030;
(j) Be subject to the accountability requirements of the
federal no child left behind act of 2001, including Title I
requirements;
(k) Comply with and be subject to the requirements
under the individuals with disabilities education act, as
amended in 1997;
(l) Comply with and be subject to the requirements under
the federal educational rights and privacy act;
(m) Report at least annually to the board of directors of
the school district in which the charter school is located, to
the school's alternate sponsor if the school is not sponsored
by a school district, and to parents of children enrolled at the
charter school on progress toward the student performance
goals specified in the charter;
(n) Comply with the open public meetings act in chapter
42.30 RCW and open public records requirements in RCW
42.17.250;
(o) Be subject to and comply with legislation enacted
after June 10, 2004, governing the operation and management of charter schools; and
(p) Conduct annual self assessments of its quality management program.
(5) A member of a board of directors of a charter school
is a board member of a school district for the purposes of public disclosure requirements and must comply with the reporting requirements in RCW 42.17.240. [2004 c 22 § 5.]
28A.208.060 Admission requirements. (Effective
unless Referendum Measure No. 55 is approved at the
November 2004 general election.) (1) To effectuate the primary purpose for which the legislature established charter
schools, a charter school must be willing to enroll educationally disadvantaged students and may not limit admission on
any basis other than age group and grade level. Consistent
with the legislative intent of this chapter, a charter school
shall conduct timely outreach and marketing efforts to educationally disadvantaged students in the school district in which
the charter school will be located.
(2) A conversion charter school must be structured to
provide sufficient capacity to enroll all students who wish to
remain enrolled in the school after its conversion to a charter
school, and may not displace students enrolled before the
chartering process. If, after enrollment of these students,
capacity is insufficient to enroll all other students remaining
who have submitted a timely application, the charter school
must give enrollment priority to siblings of students who are
currently enrolled in the school. Students selected to fill any
remaining spaces must be selected only through an equitable
selection process, such as a lottery.
(3) A new charter school must enroll all students who
submit a timely application if capacity is sufficient. If capacity is insufficient to enroll all students who apply, students
28A.208.060
[Title 28A RCW—page 41]
28A.208.070
Title 28A RCW: Common School Provisions
must be selected to fill any remaining spaces only through an
equitable selection process, such as a lottery. Siblings of
enrolled students must be given priority in enrollment. [2004
c 22 § 6.]
28A.208.070 Charter application—Chartering process. (Effective unless Referendum Measure No. 55 is
approved at the November 2004 general election.) (1) An
applicant may apply to a sponsor or may appeal to the superintendent of public instruction for approval to establish a
charter school under this section. An application may not be
submitted earlier than eighteen months before, nor later than
four months before, the proposed date of opening the school.
(2) The superintendent of public instruction shall establish guidelines for the timely receipt and approval of applications to facilitate the efficient implementation of chapter 22,
Laws of 2004. Guidelines established under this subsection
shall reflect efficient processes for the expeditious and
orderly start-up of charter schools in a timely manner for the
purpose of serving students.
(3) An application for a charter school must be submitted
first to the board of directors of the school district in which
the proposed charter school will be located, allowing for the
board's consideration of the application in accordance with
subsections (4) and (5) of this section, before an appeal may
be filed with the superintendent of public instruction. A copy
of each application submitted to a sponsor also must be provided to the superintendent of public instruction.
(4) The school district board of directors must decide,
within forty-five days of receipt of the application, whether
to hold a public hearing in the school district to take public
comment on the application and, if a hearing is to be held,
must schedule it within seventy-five days of receipt of the
application. If the school board intends to accept the application, one or more public hearings must be held before granting a charter; however a school board is not required to hold
a public hearing before rejecting an application. The school
board must either accept or reject the application within one
hundred five days after receipt of the application. The one
hundred five-day deadline for accepting or rejecting the charter school application may be extended for an additional
thirty days if both parties agree in writing.
(5) If the school board does not hold a public hearing or
rejects the application after holding one or more public hearings, the school board must notify the applicant in writing of
the reasons for that decision. The applicant may submit a
revised application for the school board's reconsideration and
the school board may provide assistance to improve the
application. If the school board rejects the application after a
revised application is submitted, the school board must notify
the applicant in writing of the reasons for the rejection.
(6) At the request of the applicant or the sponsor, the
superintendent of public instruction may review the charter
application and provide technical assistance.
(7) If a school district board does not approve an application to start a new charter school, the applicant may file an
appeal to the superintendent of public instruction for further
review of the application.
(8) Upon receipt of a request for review, the superintendent must attempt to mediate a resolution between the applicant and the school district board, and may recommend to the
28A.208.070
[Title 28A RCW—page 42]
applicant and school district board revisions to the application.
(9) If the school district board does not accept the revisions and does not approve the application, the superintendent must review the application. The superintendent, after
exercising due diligence and good faith, must approve the
application if the superintendent finds: (a) The criteria in
RCW 28A.208.090 have been met; (b) the approval will be
within the annual limits in RCW 28A.208.160 (1) and (2);
and (c) the approval is consistent with the legislative intent
for which charter schools are authorized and is in the best
interests of the children of the proposed school. The superintendent may permit the board of directors of an educational
service district to assume the rights and responsibilities of
implementing and administering a charter approved under
this section, but if no such board agrees to assume the role of
alternate sponsor, the superintendent of public instruction
shall assume the rights and responsibilities of implementing
and administering the charter and shall become the alternate
sponsor.
(10) The superintendent must reject the application if the
superintendent finds: (a) The criteria in RCW 28A.208.090
have not been met; (b) the approval will not be within the
annual limits established in RCW 28A.208.160 (1) and (2);
or (c) the approval is inconsistent with the legislative intent
for which charter schools are authorized and is not in the best
interests of the children of the proposed school. If the superintendent rejects the application, the superintendent must
notify the applicant in writing of the reasons for the rejection.
(11) Educational service districts and the superintendent
of public instruction are encouraged to assist schools and
school districts in which significant numbers of students persistently fail to meet state standards with completing the
chartering process. Assistance from an educational service
district or from the superintendent of public instruction may
include, but is not limited to, identifying potential eligible
applicants, and assisting with the charter application and
approval processes.
(12) Consistent with the corrective action provisions in
the federal no child left behind act of 2001, the superintendent of public instruction may use the chartering process as
an intervention strategy to meet federal student achievement
and accountability requirements. The superintendent may
require a local school district board of directors to convert a
public school to a charter public school or, if the superintendent determines it would be more appropriate, may require a
local school district board of directors to consent to conversion of the school by an educational service district board of
directors or the superintendent. [2004 c 22 § 7.]
28A.208.080
28A.208.080 Application requirements. (Effective
unless Referendum Measure No. 55 is approved at the
November 2004 general election.) The charter school application is a proposed contract and must include:
(1) The identification and description of the nonprofit
corporation submitting the application, including the names,
descriptions, curriculum vitae, and qualifications of the individuals who will operate the school, all of which are subject
to verification and review;
(2004 Ed.)
Charter Schools
(2) The nonprofit corporation's articles of incorporation,
bylaws, and most recent financial statement and balance
sheet;
(3) A mission statement for the proposed school, consistent with the description of legislative intent in this chapter,
including a statement of whether the proposed charter
school's primary purpose is to serve educationally disadvantaged students;
(4) A description of the school's educational program,
curriculum, and instructional strategies, including but not
limited to how the charter school will assist its students,
including educationally disadvantaged students, in meeting
the state's academic standards;
(5) A description of the school's admissions policy and
marketing program, and its deadlines for applications and
admissions, including its program for community outreach to
families of educationally disadvantaged students;
(6) A description of the school's student performance
standards and requirements that must meet or exceed those
determined under chapter 28A.655 RCW, and be measured
according to the assessment system determined under chapter
28A.655 RCW;
(7) A description of the school's plan to evaluate student
performance and the procedures for taking corrective action
if student performance at the charter school falls below standards established in its charter;
(8) A description of the financial plan for the school.
The plan shall include: (a) A proposed five-year budget of
projected revenues and expenditures; (b) a plan for starting
the school; (c) a five-year facilities plan; (d) evidence supporting student enrollment projections of at least twenty students; and (e) a description of major contracts planned for
administration, management, equipment, and services,
including consulting services, leases, improvements, real
property purchases, and insurance;
(9) A description of the proposed financial management
procedures and administrative operations, which shall meet
or exceed generally accepted standards of management and
public accounting;
(10) An assessment of the school's potential legal liability and a description of the types and limits of insurance coverage the nonprofit corporation plans to obtain. A liability
insurance policy of at least five million dollars is required;
(11) A description of the procedures to discipline, suspend, and expel students;
(12) A description of procedures to assure the health and
safety of students, employees, and guests of the school and to
comply with applicable federal and state health and safety
laws and regulations;
(13) A description of the school's program for parent
involvement in the charter school;
(14) Documentation sufficient to demonstrate that the
charter school will have the liquid assets available to operate
the school on an ongoing and sound financial basis;
(15) Supporting documentation for any additional
requirements that are appropriate and reasonably related to
operating the charter school that a sponsor or alternate sponsor may impose as a condition of approving the charter; and
(16) A description of the quality management plan for
the school, including its specific components. [2004 c 22 §
8.]
(2004 Ed.)
28A.208.090
28A.208.090
28A.208.090 Approval criteria. (Effective unless Referendum Measure No. 55 is approved at the November 2004
general election.) A sponsor or alternate sponsor may
approve an application for a charter school, if in the sponsor's
or alternate sponsor's reasonable judgment, after exercising
due diligence and good faith, the sponsor or alternate sponsor
finds:
(1) The applicant is an eligible public benefit nonprofit
corporation and the individuals it proposes to manage and
operate the school are qualified to operate a charter school
and implement the proposed educational program that is free
from religious or sectarian influence;
(2) The public benefit nonprofit corporation has been
approved or conditionally approved by the internal revenue
service for tax exempt status under section 501(c)(3) of the
internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3));
(3) The mission statement is consistent with the description of legislative intent and restrictions on charter school
operations in this chapter. The sponsor or alternate sponsor
must make a finding of whether or not the charter school's
primary purpose is to serve educationally disadvantaged students;
(4) The school's educational program, including its curriculum and instructional strategies, is likely to assist its students, including its educationally disadvantaged students, in
meeting the state's academic standards;
(5) The school's admissions policy and marketing program is consistent with state and federal law, and includes
community outreach to families of educationally disadvantaged students;
(6) The school's proposed educational program includes
student academic performance standards and requirements
that meet or exceed those determined under chapter 28A.655
RCW and are measured according to the assessment system
determined under chapter 28A.655 RCW;
(7) The application includes a viable plan to evaluate
pupil performance and procedures to take appropriate corrective action if pupil performance at the charter school falls
below standards established in its charter;
(8) The financial plan for the school is designed to reasonably support the charter school's educational program
based on a review of the proposed five-year budget of projected revenues, expenditures, and facilities;
(9) The school's financial and administrative operations,
including its audits, meet or exceed generally accepted standards of accounting and management;
(10) The assessment of the school's potential legal liability, and the types and limits of insurance coverage the school
plans to obtain, are adequate. A minimum liability insurance
policy of five million dollars is required;
(11) The procedures the school plans to follow to discipline, suspend, and expel students are reasonable and comply
with state and federal law;
(12) The procedures the school plans to follow to assure
the health and safety of students, employees, and guests of
the school comply with applicable state and federal health
and safety laws and regulations;
(13) The school has developed a program for parent
involvement in the charter school;
[Title 28A RCW—page 43]
28A.208.100
Title 28A RCW: Common School Provisions
(14) The charter school will have the liquid assets available to operate the school on an ongoing and sound financial
basis;
(15) The applicant has met any additional requirements
that are appropriate and reasonably related to the operation of
a charter school that a sponsor or alternate sponsor imposed
as a condition for approval of the charter; and
(16) The quality management plan for the school is adequate. [2004 c 22 § 9.]
28A.208.100
28A.208.100 Charter agreement—Amendment.
(Effective unless Referendum Measure No. 55 is approved
at the November 2004 general election.) (1) A charter application approved by a sponsor or an alternate sponsor with any
changes or additions, and signed by an authorized representative of the applicant and the sponsor or alternate sponsor,
constitutes a charter. A charter to convert a public school
must include provisions for the disposition, including assignment or reassignment, of the employees of the school before
its conversion and after conversion.
(2) A charter may be amended during its term at the
request of the charter school board of directors and on the
approval of the sponsor or alternate sponsor.
(3) A charter may not prohibit and must provide for the
application of laws applicable to charter schools or to charter
school boards of directors enacted after June 10, 2004. [2004
c 22 § 10.]
28A.208.110
28A.208.110 Charter renewal and revocation.
(Effective unless Referendum Measure No. 55 is approved
at the November 2004 general election.) (1) An approved
plan to establish a charter school is effective for five years
from the first day of operation. At the conclusion of the first
three years of operation, the charter school may apply to the
original sponsor or alternate sponsor for renewal. A request
for renewal must be submitted no later than six months before
the expiration of the charter.
(2) A charter school renewal application must include:
(a) A report on the progress of the charter school in
achieving the goals; student performance standards, including the student performance standards adopted by rule by the
academic achievement and accountability commission in
accordance with RCW 28A.655.030; the number and percentage of educationally disadvantaged students served; and
other terms of the charter;
(b) A financial statement that discloses the costs of
administration, instruction, and other expenditure objects and
activities of the charter school; and
(c) All audit information from independent sources
regarding the charter school, if available, and all self assessments and corresponding corrective action plans.
(3) The sponsor or alternate sponsor shall reject the
application for renewal if the academic progress of students
in the charter school, as measured by the standards and
assessments in chapter 28A.655 RCW, is inferior, for the
most recent two consecutive years, to the average progress of
students in the district in which the charter school is located
when similar student populations are compared.
(4) The sponsor or alternate sponsor may reject the application for renewal if any of the following occurred:
[Title 28A RCW—page 44]
(a) The charter school materially violated its charter with
the sponsor or alternate sponsor;
(b) The students enrolled in the charter school failed to
meet student performance standards identified in the charter,
including the student performance standards adopted by rule
by the academic achievement and accountability commission
in accordance with RCW 28A.655.030;
(c) The charter school failed to meet generally accepted
standards of fiscal management; or
(d) The charter school violated provisions in law that
have not been waived in accordance with this chapter.
(5) A sponsor or alternate sponsor shall give written
notice of its intent not to renew the charter school's request
for renewal to the charter school within three months of the
request for renewal in order to allow the charter school an
opportunity to correct identified deficiencies in its operation.
At the request of the board of directors of the charter school,
the sponsor or alternate sponsor shall review its decision for
nonrenewal within forty-five days of receiving a request for
review and supporting documentation sufficient to demonstrate that any deficiencies have been corrected.
(6)(a) The sponsor or alternate sponsor may revoke a
previously approved charter before the expiration of the term
of the charter, and before application for renewal, if any of
the following occurred:
(i) The charter school materially violated its charter with
the sponsor or alternate sponsor;
(ii) The charter school failed to meet generally accepted
standards of fiscal management; or
(iii) The charter school violated provisions in law that
have not been waived in accordance with this chapter.
(b) Except in cases of emergency where the health and
safety of children are at risk, a charter may not be revoked
unless the sponsor or alternate sponsor first provides:
(i) Written notice to the charter school of the specific
violations alleged;
(ii) One or more public hearings in the school district in
which the charter school is located; and
(iii) A reasonable opportunity and a sufficient period of
time for the charter school to correct the identified deficiencies.
(c) If, after following the procedures in (b) of this subsection, the sponsor or alternate sponsor determines that
revoking the charter is necessary to further the intent of this
chapter, the sponsor or alternate sponsor may revoke the
charter. The sponsor or alternate sponsor shall provide for an
appeal process upon such a determination.
(d) If a sponsor or alternate sponsor revokes the charter,
the sponsor or alternate sponsor, upon a request by the charter
school, shall provide technical assistance to the charter
school to complete the plan required and carry out the tasks
identified in subsection (7) of this section.
(7) A charter school planning to close or anticipating
revocation or nonrenewal of its charter shall provide a plan
setting forth a timeline and the responsible parties for disposition of students and student records and disposition of
finances.
(a) Immediately following the decision to close a school,
the school must:
(2004 Ed.)
Charter Schools
(i) Submit to the sponsor or alternate sponsor a list of
parent addresses and proof that the school has communicated
the impending closure of the school to all parents and staff;
(ii) Assign staff responsible for transition of student
records and for providing assistance to students and parents
in transferring from the charter school to the district public,
private, or home school chosen by the family;
(iii) Provide the names and contact information for staff
responsible for transfer of student records, as well as the projected transition tasks and timelines to the sponsor or alternate sponsor, and upon completion of student transition, provide a list of students and a brief description of the disposition of their student records to the sponsor or alternate
sponsor.
(b) Before closing the charter school the charter school
board of directors shall:
(i) Identify a trustee who will, through the process of
closing the school and for a term of ten years after closing,
assume responsibility for school and student records, and
notify the sponsor or alternate sponsor of the name and contact information for the trustee;
(ii) Determine the amount of anticipated revenue due to
the school as well as anticipated liabilities, and provide a
complete asset and liability report to the sponsor or alternate
sponsor;
(iii) Create a current and projected payroll and payroll
benefits commitment;
(iv) List each employee, job, and the funds necessary to
complete the educational calendar balance of the year, the
transition of students and records, and the administrative
close-down tasks;
(v) Determine the total moneys required to complete
contracts;
(vi) Schedule an audit and set aside funds to cover costs;
and
(vii) Provide the sponsor or alternate sponsor with a plan
to close the school and to dispose of all property owned by
the charter school. [2004 c 22 § 11.]
28A.208.120 Funding. (Effective unless Referendum
Measure No. 55 is approved at the November 2004 general
election.) (1) The superintendent of public instruction shall
provide prompt and timely funding for a charter school
including regular apportionment, special education, categorical, student achievement, and other nonbasic education moneys. Allocations shall be based on the statewide average staff
mix ratio of all noncharter public schools from the prior
school year and the school's actual FTE enrollment, except
that vocational education funding for grades nine through
twelve shall be provided based on eighteen and one-half percent of the charter school's actual FTE enrollment for grades
nine through twelve. Enhanced staff ratio funding provided
to school districts through the omnibus appropriations act
shall be allocated to a charter school regardless of whether
the school maintains the enhanced staffing ratio. A charter
school is not eligible for enhanced small school assistance
funding. Categorical funding shall be allocated to a charter
school based on the same funding criteria used for noncharter
public schools, except that the charter school is exempt from
rules and statutes regarding the expenditure of these funds. A
charter school is eligible to apply for state grants on the same
28A.208.120
(2004 Ed.)
28A.208.130
basis as a school district. Those allocations to a charter
school that are included in RCW 84.52.0531(3) (a) through
(c) shall be included in the levy base of the district in which
the charter school is located.
(2) For charter schools sponsored by a school district:
(a) Conversion charter schools are eligible for local levy
moneys approved by the voters before the start-up date of the
school as determined by the sponsor, and the school district
shall allocate levy moneys to a conversion charter school.
(b) New charter schools are not eligible for local levy
moneys approved by the voters before the start-up date of the
school as determined by the sponsor, and the district shall not
allocate those levy moneys to a new school.
(c) For levies submitted to voters after the start-up date
of a charter school, the school shall be included in levy planning, budgets, and funding distribution in the same manner as
other district-sponsored public schools.
(d) A conversion charter school is eligible for state
matching funds for common school construction if a sponsoring school district determines it has received voter approval
of local capital funds for the project.
(e) A conversion charter school is entitled to the continued rent-free use of its existing facility, regardless of whether
the conversion school is sponsored by the local school district
or by an alternate sponsor. The district remains responsible
for major repairs and safety upgrades that may be required for
the continued use of the facility as a public school. The charter school is responsible for routine maintenance of the facility, including but not limited to, cleaning, painting, gardening, and landscaping.
(3) No local levy money may be allocated to a charter
school if the charter school is sponsored by an alternate sponsor.
(4) Within available funds as the legislature may appropriate, new charter schools operating for the primary purpose
of serving educationally disadvantaged students under RCW
28A.208.160(2) that are not otherwise eligible for levy
money shall receive state funding in an amount not greater
than the amount the school would have received if eligible.
(5) Sponsors and alternate sponsors shall submit, by
November 1st of each year, to the office of the superintendent
of public instruction, annual year-end financial information,
as prescribed by the superintendent, for each charter school
sponsored in the previous school year. [2004 c 22 § 12.]
28A.208.130
28A.208.130 Administration fee. (Effective unless
Referendum Measure No. 55 is approved at the November
2004 general election.) To offset costs to oversee and
administer the charter, a sponsor or an alternate sponsor may
retain up to three percent of state funding and local excess
levy funding, if applicable, allocated to the charter school.
Except for the administration fee in this section, no other offsets or deductions are allowed, whether for central administration or other off-site support services, from a charter
school's per-pupil share of state appropriations, local levies,
or other funds, unless the charter school has contracted with a
school district to obtain specific additional services. [2004 c
22 § 13.]
[Title 28A RCW—page 45]
28A.208.140
Title 28A RCW: Common School Provisions
28A.208.140 Leaves of absence. (Effective unless
Referendum Measure No. 55 is approved at the November
2004 general election.) If a school district employee makes
a written request for an extended leave of absence to work at
a charter school, the school district shall grant the request.
The school district may require that the request for leave be
made up to ninety days before the employee would otherwise
have to report for duty. The leave shall be granted for any
request for up to two years. If the employee returns to the
school district within the two-year period, the employee shall
be hired before the district hires anyone else with fewer years
of statewide service, with respect to any position for which
the returning employee is certificated or otherwise qualified.
[2004 c 22 § 14.]
28A.208.140
28A.208.150 Study of charter schools. (Effective
unless Referendum Measure No. 55 is approved at the
November 2004 general election.) Subject to funding, the
Washington institute for public policy shall study the implementation and effectiveness of chapter 22, Laws of 2004.
The institute shall report to the legislature on the effectiveness of charter schools in raising student achievement and the
impact of charter schools. The institute also shall examine
and discuss whether and how charter schools have enhanced
education reform efforts and recommend whether relaxing or
eliminating certain regulatory requirements for other public
schools could result in improved school performance at those
schools. The institute shall recommend changes to this chapter including improvements that could be made to the application and approval process. A preliminary report of the
study is due to the legislature by March 1, 2007, and a final
report is due September 1, 2008. [2004 c 22 § 15.]
28A.208.150
28A.208.160
28A.208.160 Number of charter schools. (Effective
unless Referendum Measure No. 55 is approved at the
November 2004 general election.) (1) A maximum of fortyfive new charter schools may be established statewide during
the six consecutive years in which new charter schools are
authorized to be created under this chapter.
(a) For purposes of this section, a year begins on July 1st
and ends on June 30th. In each of the three years beginning
July 1, 2004, and ending June 30, 2007, not more than five
new charter schools may be established. In each of the three
years beginning July 1, 2007, and ending June 30, 2010, not
more than ten new charter schools may be established.
(b) These annual allocations are cumulative so that if the
maximum number of allowable new charters is not reached in
any given year the maximums are increased accordingly for
the successive years, but in no case shall the total number
exceed forty-five without further legislative authorization.
(c) Applications for charter schools may be submitted on
June 10, 2004.
(d) The superintendent of public instruction shall maintain copies of all approved charter applications. An applicant
may obtain copies of those applications from the office of the
superintendent of public instruction.
(2) Consistent with the legislative intent of this chapter,
a majority of the annual number of new charter schools that
may be established under subsection (1) of this section are
reserved to implement charter schools established for the primary purpose of serving educationally disadvantaged stu[Title 28A RCW—page 46]
dents, and that are located in, or accessible to students who
live in, geographic areas in which a large proportion of the
students have difficulty meeting state academic content and
student achievement standards, or geographic areas, including urban and rural areas, in which a large proportion or number of public schools have been identified for improvement,
corrective action, or restructuring under the federal no child
left behind act of 2001, as follows:
(a) For new schools allowed during the first year beginning July 1, 2004, a majority are reserved until the thirty-first
day after June 10, 2004; and
(b) For new schools allowed during the second through
sixth years, a majority are reserved until March 31st of each
year.
(3) To ensure compliance with the annual limits for
establishing new charter schools, authorization from the
superintendent of public instruction must be obtained before
implementing an approved charter for a new school. Sponsors and alternate sponsors shall promptly notify the superintendent of public instruction when a charter is approved, and
shall indicate whether the charter school's primary purpose is
to serve educationally disadvantaged students. Upon the
receipt of notice from a sponsor or alternate sponsor that a
charter has been approved, the superintendent shall authorize
implementing the approved charter establishing the school in
compliance with the limits on the maximum number of new
charters allowed under subsection (1) of this section and in
compliance with the dates until which the majority of new
charters each year are reserved under subsection (2) of this
section. If the superintendent receives simultaneous notification of approved charters that exceed the annual allowable
limits in subsections (1) and (2) of this section, the superintendent shall select approved charters for authorization
through a lottery process, and shall assign implementation
dates accordingly.
(4) If the number of charters reserved each year under
subsection (2) of this section is not reached by the thirty-first
day after June 10, 2004, or by March 31st of the second
through sixth years, the superintendent of public instruction
shall notify the sponsors or alternate sponsors of any other
approved charters for which authorization has not been
granted under subsection (3) of this section, and shall authorize implementing those charters within the annual limits,
regardless of whether those charters meet the requirements of
subsection (2) of this section.
(5) The superintendent of public instruction shall notify
eligible sponsors and eligible alternate sponsors when the
maximum allowable number of new charters has been
reached each year. If the maximum number is not reached by
the thirty-first day after June 10, 2004, or by March 31st of
the second through sixth years, the superintendent shall
report on the number of charters approved.
(6) A school district board of directors may establish a
conversion charter school during the six consecutive years in
which charter schools are authorized under this chapter for
any school, including an alternative school, that has failed to
make adequate yearly progress for the most recent three consecutive years, or is eligible for school improvement assistance. Determinations regarding adequate yearly progress
and eligibility for school improvement assistance must be
made by the superintendent of public instruction.
(2004 Ed.)
Health—Screening and Requirements
(7) A new charter school or a conversion charter school
operating according to the terms of its charter to the satisfaction of its sponsor or alternate sponsor may continue to operate after June 30, 2010, under a charter renewed by its sponsor or alternate sponsor under RCW 28A.208.110. [2004 c
22 § 16.]
28A.208.900 Captions not law—2004 c 22. (Effective
unless Referendum Measure No. 55 is approved at the
November 2004 general election.) Captions used in this
chapter are not any part of the law. [2004 c 22 § 25.]
28A.208.900
28A.208.901 Severability—2004 c 22. (Effective
unless Referendum Measure No. 55 is approved at the
November 2004 general election.) If any provision of this
act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[2004 c 22 § 27.]
28A.208.901
Chapter 28A.210 RCW
HEALTH—SCREENING AND REQUIREMENTS
Chapter 28A.210
Sections
28A.210.010 Contagious diseases, limiting contact—Rules and regulations.
28A.210.020 Visual and auditory screening of pupils—Rules and regulations.
28A.210.030 Visual and auditory screening of pupils—Record of screening—Forwarding of records, recommendations and data.
28A.210.040 Visual and auditory screening of pupils—Rules and regulations, forms used in screenings, distribution.
28A.210.060 Immunization program—Purpose.
28A.210.070 Immunization program—Definitions.
28A.210.080 Immunization program—Attendance of child conditioned
upon presentation of alternative proofs.
28A.210.090 Immunization program—Exemptions from on presentation
of alternative certifications.
28A.210.100 Immunization program—Source of immunizations—Written
records.
28A.210.110 Immunization program—Administrator's duties upon receipt
of proof of immunization or certification of exemption.
28A.210.120 Immunization program—Prohibiting child's presence,
when—Notice to parent, guardian or adult in loco parentis,
contents.
28A.210.130 Immunization program—Superintendent of public instruction to provide information.
28A.210.140 Immunization program—State board of health rules, contents.
28A.210.150 Immunization program—Superintendent of public instruction by rule to adopt procedures for verifying records.
28A.210.160 Immunization program—State board of education rules, contents.
28A.210.170 Immunization program—Department of social and health
services' rules, contents.
28A.210.180 Screening program for scoliosis—Purpose.
28A.210.190 Screening program for scoliosis—Definitions.
28A.210.200 Screening program for scoliosis—Examination of children—
Personnel making examinations, training for.
28A.210.210 Screening program for scoliosis—Records—Parents or
guardians notification, contents.
28A.210.220 Screening program for scoliosis—Distribution of rules,
records and forms.
28A.210.240 Screening program for scoliosis—Pupils exempt, when.
28A.210.250 Screening program for scoliosis—Sanctions against school
officials failing to comply.
28A.210.255 Provision of health services in public and private schools—
Employee job description.
28A.210.260 Public and private schools—Administration of oral medication by—Conditions.
28A.210.270 Public and private schools—Administration of oral medication by—Immunity from liability—Discontinuance, procedure.
28A.210.280 Catheterization of public and private school students.
(2004 Ed.)
28A.210.030
28A.210.290 Catheterization of public and private school students—
Immunity from liability.
28A.210.300 School physician or school nurse may be employed.
28A.210.310 Prohibition on use of tobacco products on school property.
28A.210.320 Children with life-threatening health conditions—Medication or treatment orders—Rules.
28A.210.330 Students with diabetes—Individual health plans—Designation of professional to consult and coordinate with parents
and health care provider—Training and supervision of
school district personnel.
28A.210.340 Students with diabetes—Adoption of policy for inservice
training for school staff.
28A.210.350 Students with diabetes—Compliance with individual health
plan—Immunity.
28A.210.360 Model policy on access to nutritious foods and developmentally appropriate exercise—School district policies.
State board of health: Chapter 43.20 RCW.
28A.210.010
28A.210.010 Contagious diseases, limiting contact—
Rules and regulations. The state board of health, after consultation with the superintendent of public instruction, shall
adopt reasonable rules and regulations regarding the presence
of persons on or about any school premises who have, or who
have been exposed to, contagious diseases deemed by the
state board of health as dangerous to the public health. Such
rules and regulations shall specify reasonable and precautionary procedures as to such presence and/or readmission of
such persons and may include the requirement for a certificate from a licensed physician that there is no danger of contagion. The superintendent of public instruction shall print
and distribute the rules and regulations of the state board of
health above provided to appropriate school officials and personnel. [1971 c 32 § 1; 1969 ex.s. c 223 § 28A.31.010. Prior:
1909 c 97 p 262 § 5; RRS § 4689; prior: 1897 c 118 § 68;
1890 p 372 § 47. Formerly RCW 28A.31.010, 28.31.010.]
28A.210.020
28A.210.020 Visual and auditory screening of
pupils—Rules and regulations. Every board of school
directors shall have the power, and it shall be its duty to provide for and require screening for the visual and auditory acuity of all children attending schools in their districts to ascertain which if any of such children have defects sufficient to
retard them in their studies. Auditory and visual screening
shall be made in accordance with procedures and standards
adopted by rule or regulation of the state board of health.
Prior to the adoption or revision of such rules or regulations
the state board of health shall seek the recommendations of
the superintendent of public instruction regarding the administration of visual and auditory screening and the qualifications of persons competent to administer such screening.
[1971 c 32 § 2; 1969 ex.s. c 223 § 28A.31.030. Prior: 1941 c
202 § 1; Rem. Supp. 1941 § 4689-1. Formerly RCW
28A.31.030, 28.31.030.]
28A.210.030
28A.210.030 Visual and auditory screening of
pupils—Record of screening—Forwarding of records,
recommendations and data. The person or persons completing the screening prescribed in RCW 28A.210.020 shall
promptly prepare a record of the screening of each child
found to have, or suspected of having, reduced visual and/or
auditory acuity in need of attention, including the special
education services provided by RCW 28A.155.010 through
28A.155.100, and send copies of such records and recommendations to the parents or guardians of such children and
shall deliver the original records to the appropriate school
[Title 28A RCW—page 47]
28A.210.040
Title 28A RCW: Common School Provisions
official who shall preserve such records and forward to the
superintendent of public instruction and the secretary of
health visual and auditory data as requested by such officials.
[1991 c 3 § 289; 1990 c 33 § 188; 1971 c 32 § 3; 1969 ex.s. c
223 § 28A.31.040. Prior: 1941 c 202 § 2; Rem. Supp. 1941 §
4689-2. Formerly RCW 28A.31.040, 28.31.040.]
28A.210.040
28A.210.040 Visual and auditory screening of
pupils—Rules and regulations, forms used in screenings,
distribution. The superintendent of public instruction shall
print and distribute to appropriate school officials the rules
and regulations adopted by the state board of health pursuant
to RCW 28A.210.020 and the recommended records and
forms to be used in making and reporting such screenings.
[1990 c 33 § 189; 1973 c 46 § 1. Prior: 1971 c 48 § 12; 1971
c 32 § 4; 1969 ex.s. c 223 § 28A.31.050; prior: 1941 c 202 §
3; RRS § 4689-3. Formerly RCW 28A.31.050, 28.31.050.]
Severability—1973 c 46: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 46 § 5.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.210.060
28A.210.060 Immunization program—Purpose. In
enacting RCW 28A.210.060 through 28A.210.170, it is the
judgment of the legislature that it is necessary to protect the
health of the public and individuals by providing a means for
the eventual achievement of full immunization of school-age
children against certain vaccine-preventable diseases. [1990
c 33 § 190; 1984 c 40 § 3; 1979 ex.s. c 118 § 1. Formerly
RCW 28A.31.100.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—1979 ex.s. c 118: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect on
September 1, 1979." [1979 ex.s. c 118 § 13.]
Severability—1979 ex.s. c 118: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 118 § 16.]
Immunization plan: RCW 43.70.525.
(4) "School" shall mean and include each building, facility, and location at or within which any or all portions of a
preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two
or more children by or in behalf of any public school district
and by or in behalf of any private school or private institution
subject to approval by the state board of education pursuant
to RCW 28A.305.130(6), 28A.195.010 through
28A.195.050, and 28A.410.120.
(5) "Day care center" shall mean an agency which regularly provides care for a group of thirteen or more children for
periods of less than twenty-four hours and is licensed pursuant to chapter 74.15 RCW.
(6) "Child" shall mean any person, regardless of age, in
attendance at a public or private school or a licensed day care
center. [1990 c 33 § 191; 1985 c 49 § 2; 1984 c 40 § 4; 1979
ex.s. c 118 § 2. Formerly RCW 28A.31.102.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.080
28A.210.080 Immunization program—Attendance
of child conditioned upon presentation of alternative
proofs. The attendance of every child at every public and
private school in the state and licensed day care center shall
be conditioned upon the presentation before or on each
child's first day of attendance at a particular school or center,
of proof of either (1) full immunization, (2) the initiation of
and compliance with a schedule of immunization, as required
by rules of the state board of health, or (3) a certificate of
exemption as provided for in RCW 28A.210.090. The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of
immunization shall be conditioned upon the presentation of
proof of compliance with the schedule on the child's first day
of attendance during the subsequent school year. Once proof
of full immunization or proof of completion of an approved
schedule has been presented, no further proof shall be
required as a condition to attendance at the particular school
or center. [1990 c 33 § 192; 1985 c 49 § 1; 1979 ex.s. c 118
§ 3. Formerly RCW 28A.31.104.]
28A.210.070
28A.210.070 Immunization program—Definitions.
As used in RCW 28A.210.060 through 28A.210.170:
(1) "Chief administrator" shall mean the person with the
authority and responsibility for the immediate supervision of
the operation of a school or day care center as defined in this
section or, in the alternative, such other person as may hereafter be designated in writing for the purposes of RCW
28A.210.060 through 28A.210.170 by the statutory or corporate board of directors of the school district, school, or day
care center or, if none, such other persons or person with the
authority and responsibility for the general supervision of the
operation of the school district, school or day care center.
(2) "Full immunization" shall mean immunization
against certain vaccine-preventable diseases in accordance
with schedules and with immunizing agents approved by the
state board of health.
(3) "Local health department" shall mean the city, town,
county, district or combined city-county health department,
board of health, or health officer which provides public
health services.
[Title 28A RCW—page 48]
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.090
28A.210.090 Immunization program—Exemptions
from on presentation of alternative certifications. Any
child shall be exempt in whole or in part from the immunization measures required by RCW 28A.210.060 through
28A.210.170 upon the presentation of any one or more of the
following, on a form prescribed by the department of health:
(1) A written certification signed by any physician
licensed to practice medicine pursuant to chapter 18.71 or
18.57 RCW that a particular vaccine required by rule of the
state board of health is, in his or her judgment, not advisable
for the child: PROVIDED, That when it is determined that
this particular vaccine is no longer contraindicated, the child
will be required to have the vaccine;
(2) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the child
that the religious beliefs of the signator are contrary to the
required immunization measures; and
(2004 Ed.)
Health—Screening and Requirements
(3) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the child
that the signator has either a philosophical or personal objection to the immunization of the child. [1991 c 3 § 290; 1990
c 33 § 193; 1984 c 40 § 5; 1979 ex.s. c 118 § 4. Formerly
RCW 28A.31.106.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.100 Immunization program—Source of
immunizations—Written records. The immunizations
required by RCW 28A.210.060 through 28A.210.170 may be
obtained from any private or public source desired: PROVIDED, That the immunization is administered and records
are made in accordance with the regulations of the state board
of health. Any person or organization administering immunizations shall furnish each person immunized, or his or her
parent or legal guardian, or any adult in loco parentis to the
child, with a written record of immunization given in a form
prescribed by the state board of health. [1990 c 33 § 194;
1984 c 40 § 7; 1979 ex.s. c 118 § 6. Formerly RCW
28A.31.110.]
28A.210.100
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.110 Immunization program—Administrator's duties upon receipt of proof of immunization or certification of exemption. A child's proof of immunization or
certification of exemption shall be presented to the chief
administrator of the public or private school or day care center or to his or her designee for that purpose. The chief administrator shall:
(1) Retain such records pertaining to each child at the
school or day care center for at least the period the child is
enrolled in the school or attends such center;
(2) Retain a record at the school or day care center of the
name, address, and date of exclusion of each child excluded
from school or the center pursuant to RCW 28A.210.120 for
not less than three years following the date of a child's exclusion;
(3) File a written annual report with the department of
health on the immunization status of students or children
attending the day care center at a time and on forms prescribed by the department of health; and
(4) Allow agents of state and local health departments
access to the records retained in accordance with this section
during business hours for the purposes of inspection and
copying. [1991 c 3 § 291; 1990 c 33 § 195; 1979 ex.s. c 118
§ 7. Formerly RCW 28A.31.112.]
28A.210.110
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.150
proof of compliance with an approved schedule of immunization has not been provided in accordance with RCW
28A.210.080 and to continue to prohibit the child's presence
until such proof of immunization, certification of exemption,
or approved schedule has been provided. The exclusion of a
child from a school shall be accomplished in accordance with
rules of the state board of education. The exclusion of a child
from a day care center shall be accomplished in accordance
with rules of the department of social and health services.
Prior to the exclusion of a child, each school or day care center shall provide written notice to the parent(s) or legal guardian(s) of each child or to the adult(s) in loco parentis to each
child, who is not in compliance with the requirements of
RCW 28A.210.080. The notice shall fully inform such person(s) of the following: (1) The requirements established by
and pursuant to RCW 28A.210.060 through 28A.210.170; (2)
the fact that the child will be prohibited from further attendance at the school unless RCW 28A.210.080 is complied
with; (3) such procedural due process rights as are hereafter
es tablished pur suant to RCW 2 8A.21 0.1 60 and/or
28A.210.170, as appropriate; and (4) the immunization services that are available from or through the local health
department and other public agencies. [1990 c 33 § 196;
1985 c 49 § 3; 1984 c 40 § 8; 1979 ex.s. c 118 § 8. Formerly
RCW 28A.31.114.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.130
28A.210.130 Immunization program—Superintendent of public instruction to provide information. The
superintendent of public instruction shall provide for information about the immunization program and requirements
under RCW 28A.210.060 through 28A.210.170 to be widely
available throughout the state in order to promote full use of
the program. [1990 c 33 § 197; 1985 c 49 § 4. Formerly
RCW 28A.31.115.]
28A.210.140
28A.210.140 Immunization program—State board
of health rules, contents. The state board of health shall
adopt and is hereby empowered to adopt rules pursuant to
chapter 34.05 RCW which establish the procedural and substantive requirements for full immunization and the form and
substance of the proof thereof, to be required pursuant to
RCW 28A.210.060 through 28A.210.170. [1990 c 33 § 198;
1984 c 40 § 9; 1979 ex.s. c 118 § 9. Formerly RCW
28A.31.116.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.150
28A.210.120 Immunization program—Prohibiting
child's presence, when—Notice to parent, guardian or
adult in loco parentis, contents. It shall be the duty of the
chief administrator of every public and private school and
day care center to prohibit the further presence at the school
or day care center for any and all purposes of each child for
whom proof of immunization, certification of exemption, or
28A.210.120
(2004 Ed.)
28A.210.150 Immunization program—Superintendent of public instruction by rule to adopt procedures for
verifying records. The superintendent of public instruction
by rule shall provide procedures for schools to quickly verify
the immunization records of students transferring from one
school to another before the immunization records are
received. [1985 c 49 § 5. Formerly RCW 28A.31.117.]
[Title 28A RCW—page 49]
28A.210.160
Title 28A RCW: Common School Provisions
28A.210.160
28A.210.160 Immunization program—State board
of education rules, contents. The state board of education
shall and is hereby empowered to adopt rules pursuant to
chapter 34.05 RCW which establish the procedural and substantive due process requirements governing the exclusion of
children from public and private schools pursuant to RCW
28A.210.120. [1990 c 33 § 199; 1979 ex.s. c 118 § 10. Formerly RCW 28A.31.118.]
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.170
28A.210.170 Immunization program—Department
of social and health services' rules, contents. The department of social and health services shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which
establish the procedural and substantive due process requirements governing the exclusion of children from day care centers pursuant to RCW 28A.210.120. [1990 c 33 § 200; 1979
ex.s. c 118 § 11. Formerly RCW 28A.31.120.]
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.180
28A.210.180 Screening program for scoliosis—Purpose. The legislature recognizes that the condition known as
scoliosis, a lateral curvature of the spine commonly appearing in adolescents, can develop into a permanent, crippling
disability if left untreated. Early diagnosis and referral can
often result in the successful treatment of this condition and
greatly reduce the need for major surgery. Therefore, the purpose of RCW 28A.210.180 through 28A.210.250 is to recognize that a school screening program is an invaluable tool for
detecting the number of adolescents with scoliosis. It is the
intent of the legislature to insure that the superintendent of
public instruction provide and require screening of children
for the condition known as scoliosis, to ascertain which, if
any, of these children have defects requiring corrective treatment. [1991 c 86 § 1; 1990 c 33 § 201; 1985 c 216 § 1; 1979
c 47 § 1. Formerly RCW 28A.31.130.]
Severability—1979 c 47: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1979 c 47 § 8.]
28A.210.190
28A.210.190 Screening program for scoliosis—Definitions. As used in RCW 28A.210.180 through
28A.210.250, the following terms have the meanings indicated.
(1) "Superintendent" means the superintendent of public
instruction of public schools in the state, or the superintendent's designee.
(2) "Pupil" means a student enrolled in the public school
system in the state.
(3) "Scoliosis" includes idiopathic scoliosis and kyphosis.
(4) "Screening" means an examination to be performed
for the purpose of detecting the condition known as scoliosis.
(5) "Public schools" means the common schools referred
to in Article IX of the state Constitution and those schools
and institutions of learning having a curriculum below the
college or university level as now or may be established by
law and maintained at public expense. [1991 c 86 § 2; 1990
[Title 28A RCW—page 50]
c 33 § 202; 1985 c 216 § 2; 1979 c 47 § 2. Formerly RCW
28A.31.132.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.200
28A.210.200 Screening program for scoliosis—
Examination of children—Personnel making examinations, training for. The superintendent shall provide for and
require the examination of children attending public schools
at least three times between grades four and eleven in accordance with procedures and standards adopted by rule of the
state board of health in cooperation with the superintendent
of public instruction and the department of health. The examination shall be made by a school physician, school nurse,
qualified licensed health practitioner, or physical education
instructor or by other school personnel. Proper training of the
personnel in the screening process for scoliosis shall be provided by the superintendent. [1991 c 86 § 3; 1990 c 33 § 203;
1985 c 216 § 3; 1979 c 47 § 3. Formerly RCW 28A.31.134.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.210
28A.210.210 Screening program for scoliosis—
Records—Parents or guardians notification, contents.
Every person performing the screening under RCW
28A.210.200 shall promptly prepare a record of the screening
of each child found to have or suspected of having scoliosis
and shall send copies of the records to the parents or guardians of the children. The notification shall include an explanation of scoliosis, the significance of treating it at an early
stage, and the services generally available from a qualified
licensed health practitioner for the treatment after diagnosis.
[1990 c 33 § 204; 1985 c 216 § 4; 1979 c 47 § 4. Formerly
RCW 28A.31.136.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.220
28A.210.220 Screening program for scoliosis—Distribution of rules, records and forms. The superintendent
shall print and distribute to appropriate school officials the
rules adopted by the state board of health in cooperation with
the superintendent of public instruction under RCW
28A.210.200 and the recommended records and forms to be
used in making and reporting the screenings. [1990 c 33 §
205; 1979 c 47 § 5. Formerly RCW 28A.31.138.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.240
28A.210.240 Screening program for scoliosis—
Pupils exempt, when. Any pupil shall be exempt from the
examination upon written request of his or her parent or
guardian if the parent or guardian certifies that:
(1) The screening conflicts with the philosophical or religious beliefs; or
(2) The student is presently under the care of a health
care provider for spinal curvature or a related medical condition. [1985 c 216 § 5; 1979 c 47 § 6. Formerly RCW
28A.31.140.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.250
28A.210.250 Screening program for scoliosis—Sanctions against school officials failing to comply. The superintendent may establish appropriate sanctions to be applied to
any school officials of the state failing to comply with RCW
(2004 Ed.)
Health—Screening and Requirements
28A.210.200 through 28A.210.240 which sanctions may
include withholding of any portion of state aid to the district
until such time as compliance is assured. [1990 c 33 § 207;
1979 c 47 § 7. Formerly RCW 28A.31.142.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.255
28A.210.255 Provision of health services in public
and private schools—Employee job description. Any
employee of a public school district or private school that
performs health services, such as catheterization, must have a
job description that lists all of the health services that the
employee may be required to perform for students. [2003 c
172 § 2.]
28A.210.260
28A.210.260 Public and private schools—Administration of oral medication by—Conditions. Public school
districts and private schools which conduct any of grades kindergarten through the twelfth grade may provide for the
administration of oral medication of any nature to students
who are in the custody of the school district or school at the
time of administration, but are not required to do so by this
section, subject to the following conditions:
(1) The board of directors of the public school district or
the governing board of the private school or, if none, the chief
administrator of the private school shall adopt policies which
address the designation of employees who may administer
oral medications to students, the acquisition of parent
requests and instructions, and the acquisition of requests from
licensed health professionals prescribing within the scope of
their prescriptive authority and instructions regarding students who require medication for more than fifteen consecutive school days, the identification of the medication to be
administered, the means of safekeeping medications with
special attention given to the safeguarding of legend drugs as
defined in chapter 69.41 RCW, and the means of maintaining
a record of the administration of such medication;
(2) The board of directors shall seek advice from one or
more licensed physicians or nurses in the course of developing the foregoing policies;
(3) The public school district or private school is in
receipt of a written, current and unexpired request from a parent, or a legal guardian, or other person having legal control
over the student to administer the medication to the student;
(4) The public school district or the private school is in
receipt of (a) a written, current and unexpired request from a
licensed health professional prescribing within the scope of
his or her prescriptive authority for administration of the
medication, as there exists a valid health reason which makes
administration of such medication advisable during the hours
when school is in session or the hours in which the student is
under the supervision of school officials, and (b) written, current and unexpired instructions from such licensed health
professional prescribing within the scope of his or her prescriptive authority regarding the administration of prescribed
medication to students who require medication for more than
fifteen consecutive work days;
(5) The medication is administered by an employee designated by or pursuant to the policies adopted pursuant to
subsection (1) of this section and in substantial compliance
with the prescription of a licensed health professional pre(2004 Ed.)
28A.210.280
scribing within the scope of his or her prescriptive authority
or the written instructions provided pursuant to subsection (4)
of this section;
(6) The medication is first examined by the employee
administering the same to determine in his or her judgment
that it appears to be in the original container and to be properly labeled; and
(7) The board of directors shall designate a professional
person licensed pursuant to chapter 18.71 RCW or chapter
18.79 RCW as it applies to registered nurses and advanced
registered nurse practitioners, to train and supervise the designated school district personnel in proper medication procedures. [2000 c 63 § 1; 1994 sp.s. c 9 § 720; 1982 c 195 § 1.
Formerly RCW 28A.31.150.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1982 c 195: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 195 § 4.]
28A.210.270
28A.210.270 Public and private schools—Administration of oral medication by—Immunity from liability—
Discontinuance, procedure. (1) In the event a school
employee administers oral medication to a student pursuant
to RCW 28A.210.260 in substantial compliance with the prescription of the student's licensed health professional prescribing within the scope of the professional's prescriptive
authority or the written instructions provided pursuant to
RCW 28A.210.260(4), and the other conditions set forth in
RCW 28A.210.260 have been substantially complied with,
then the employee, the employee's school district or school of
employment, and the members of the governing board and
chief administrator thereof shall not be liable in any criminal
action or for civil damages in their individual or marital or
governmental or corporate or other capacities as a result of
the administration of the medication.
(2) The administration of oral medication to any student
pursuant to RCW 28A.210.260 may be discontinued by a
public school district or private school and the school district
or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal
action or for civil damages in their governmental or corporate
or individual or marital or other capacities as a result of the
discontinuance of such administration: PROVIDED, That
the chief administrator of the public school district or private
school, or his or her designee, has first provided actual notice
orally or in writing in advance of the date of discontinuance
to a parent or legal guardian of the student or other person
having legal control over the student. [2000 c 63 § 2; 1990 c
33 § 208; 1982 c 195 § 2. Formerly RCW 28A.31.155.]
Severability—1982 c 195: See note following RCW 28A.210.260.
28A.210.280
28A.210.280 Catheterization of public and private
school students. (1) Public school districts and private
schools that offer classes for any of grades kindergarten
through twelve must provide for clean, intermittent bladder
catheterization of students, or assisted self-catheterization of
students pursuant to RCW 18.79.290. The catheterization
must be provided in substantial compliance with:
[Title 28A RCW—page 51]
28A.210.290
Title 28A RCW: Common School Provisions
(a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or
advanced registered nurse practitioner issued under such
rules; and
(b) Written policies of the school district or private
school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable.
(2) School district employees, except those licensed
under chapter 18.79 RCW, who have not agreed in writing to
perform clean, intermittent bladder catheterization as a specific part of their job description, may file a written letter of
refusal to perform clean, intermittent bladder catheterization
of students. This written letter of refusal may not serve as
grounds for discharge, nonrenewal, or other action adversely
affecting the employee's contract status.
(3) Any public school district or private school that provides clean, intermittent bladder catheterization shall document the provision of training given to employees who perform these services. These records shall be made available
for review at any audit. [2003 c 172 § 1; 1994 sp.s. c 9 § 721;
1988 c 48 § 2. Formerly RCW 28A.31.160.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
28A.210.290
28A.210.290 Catheterization of public and private
school students—Immunity from liability. (1) In the event
a school employee provides for the catheterization of a student pursuant to RCW 18.79.290 and 28A.210.280 in substantial compliance with (a) rules adopted by the state nursing care quality assurance commission and the instructions of
a registered nurse or advanced registered nurse practitioner
issued under such rules, and (b) written policies of the school
district or private school, then the employee, the employee's
school district or school of employment, and the members of
the governing board and chief administrator thereof shall not
be liable in any criminal action or for civil damages in their
individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization.
(2) Providing for the catheterization of any student pursuant to RCW 18.79.290 and 28A.210.280 may be discontinued by a public school district or private school and the
school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in
any criminal action or for civil damages in their individual,
marital, governmental, corporate, or other capacity as a result
of the discontinuance: PROVIDED, That the chief administrator of the public school district or private school, or his or
her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or
legal guardian of the student or other person having legal
control over the student: PROVIDED FURTHER, That the
public school district otherwise provides for the catheterization of the student to the extent required by federal or state
law. [1994 sp.s. c 9 § 722; 1990 c 33 § 209; 1988 c 48 § 3.
Formerly RCW 28A.31.165.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
[Title 28A RCW—page 52]
28A.210.300
28A.210.300 School physician or school nurse may be
employed. The board of directors of any school district of
the second class may employ a regularly licensed physician
or a licensed public health nurse for the purpose of protecting
the health of the children in said district. [1975 c 43 § 20;
1969 ex.s. c 223 § 28A.60.320. Prior: 1937 c 60 § 1; RRS §
4776-4. Formerly RCW 28A.60.320, 28.31.080.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.210.310
28A.210.310 Prohibition on use of tobacco products
on school property. (1) To protect children in the public
schools of this state from exposure to the addictive substance
of nicotine, each school district board of directors shall have
a written policy mandating a prohibition on the use of all
tobacco products on public school property.
(2) The policy in subsection (1) of this section shall
include, but not be limited to, a requirement that students and
school personnel be notified of the prohibition, the posting of
signs prohibiting the use of tobacco products, sanctions for
students and school personnel who violate the policy, and a
requirement that school district personnel enforce the prohibition. Enforcement policies adopted in the school board policy shall be in addition to the enforcement provisions in RCW
70.160.070. [1997 c 9 § 1; 1989 c 233 § 6. Formerly RCW
28A.31.170.]
Effective date—1997 c 9: "This act takes effect August 1, 1997."
[1997 c 9 § 2.]
28A.210.320
28A.210.320 Children with life-threatening health
conditions—Medication or treatment orders—Rules. (1)
The attendance of every child at every public school in the
state shall be conditioned upon the presentation before or on
each child's first day of attendance at a particular school of a
medication or treatment order addressing any life-threatening
health condition that the child has that may require medical
services to be performed at the school. Once such an order
has been presented, the child shall be allowed to attend
school.
(2) The chief administrator of every public school shall
prohibit the further presence at the school for any and all purposes of each child for whom a medication or treatment order
has not been provided in accordance with this section if the
child has a life-threatening health condition that may require
medical services to be performed at the school and shall continue to prohibit the child's presence until such order has been
provided. The exclusion of a child from a school shall be
accomplished in accordance with rules of the state board of
education. Before excluding a child, each school shall provide written notice to the parents or legal guardians of each
child or to the adults in loco parentis to each child, who is not
in compliance with the requirements of this section. The
notice shall include, but not be limited to, the following: (a)
The requirements established by this section; (b) the fact that
the child will be prohibited from further attendance at the
school unless this section is complied with; and (c) such procedural due process rights as are established pursuant to this
section.
(3) The state board of education shall adopt rules under
chapter 34.05 RCW that establish the procedural and substantive due process requirements governing the exclusion of
(2004 Ed.)
Health—Screening and Requirements
children from public schools under this section. The rules
shall include any requirements under applicable federal laws.
(4) As used in this section, "life-threatening condition"
means a health condition that will put the child in danger of
death during the school day if a medication or treatment order
and a nursing plan are not in place.
(5) As used in this section, "medication or treatment
order" means the authority a registered nurse obtains under
RCW 18.79.260(2). [2002 c 101 § 1.]
28A.210.330 Students with diabetes—Individual
health plans—Designation of professional to consult and
coordinate with parents and health care provider—
Training and supervision of school district personnel. (1)
School districts shall provide individual health plans for students with diabetes, subject to the following conditions:
(a) The board of directors of the school district shall
adopt policies to be followed for students with diabetes. The
policies shall include, but need not be limited to:
(i) The acquisition of parent requests and instructions;
(ii) The acquisition of orders from licensed health professionals prescribing within the scope of their prescriptive
authority for monitoring and treatment at school;
(iii) The provision for storage of medical equipment and
medication provided by the parent;
(iv) The provision for students to perform blood glucose
tests, administer insulin, treat hypoglycemia and hyperglycemia, and have easy access to necessary supplies and equipment to perform monitoring and treatment functions as specified in the individual health plan. The policies shall include
the option for students to carry on their persons the necessary
supplies and equipment and the option to perform monitoring
and treatment functions anywhere on school grounds including the students' classrooms, and at school-sponsored events;
(v) The establishment of school policy exceptions necessary to accommodate the students' needs to eat whenever and
wherever necessary, have easy, unrestricted access to water
and bathroom use, have provisions made for parties at school
when food is served, eat meals and snacks on time, and other
necessary exceptions as described in the individual health
plan;
(vi) The assurance that school meals are never withheld
because of nonpayment of fees or disciplinary action;
(vii) A description of the students' school day schedules
for timing of meals, snacks, blood sugar testing, insulin injections, and related activities;
(viii) The development of individual emergency plans;
(ix) The distribution of the individual health plan to
appropriate staff based on the students' needs and staff level
of contact with the students;
(x) The possession of legal documents for parent-designated adults to provide care, if needed; and
(xi) The updating of the individual health plan at least
annually or more frequently, as needed; and
(b) The board of directors, in the course of developing
the policies in (a) of this subsection, shall seek advice from
one or more licensed physicians or nurses or diabetes educators who are nationally certified.
(2)(a) For the purposes of this section, "parent-designated adult" means a volunteer, who may be a school district
employee, who receives additional training from a health care
28A.210.330
(2004 Ed.)
28A.210.340
professional or expert in diabetic care selected by the parents,
and who provides care for the child consistent with the individual health plan.
(b) To be eligible to be a parent-designated adult, a
school district employee not licensed under chapter 18.79
RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the
employee's willingness to be a parent-designated adult. If a
school employee who is not licensed under chapter 18.79
RCW chooses not to file a letter under this section, the
employee shall not be subject to any employer reprisal or disciplinary action for refusing to file a letter.
(3) The board of directors shall designate a professional
person licensed under chapter 18.71, 18.57, or 18.79 RCW as
it applies to registered nurses and advanced registered nurse
practitioners, to consult and coordinate with the student's parents and health care provider, and train and supervise the
appropriate school district personnel in proper procedures for
care for students with diabetes to ensure a safe, therapeutic
learning environment. Training may also be provided by a
diabetes educator who is nationally certified. Parent-designated adults who are school employees are required to
receive the training provided under this subsection. Parentdesignated adults who are not school employees shall show
evidence of comparable training. The parent-designated adult
must also receive additional training as established in subsection (2)(a) of this section for the additional care the parents
have authorized the parent-designated adult to provide. The
professional person designated under this subsection is not
responsible for the supervision of the parent-designated adult
for those procedures that are authorized by the parents. [2002
c 350 § 2.]
Findings—2002 c 350: "The legislature finds that diabetes imposes
significant health risks to students enrolled in the state's public schools and
that providing for the medical needs of students with diabetes is crucial to
ensure both the safety of students with diabetes and their ability to obtain the
education guaranteed to all citizens of the state. The legislature also finds
that children with diabetes can and should be provided with a safe learning
environment and access to all other nonacademic school-sponsored activities. The legislature further finds that an individual health plan for each child
with diabetes should be in place in the student's school and should include
provisions for a parental signed release form, medical equipment and storage
capacity, and exceptions from school policies, school schedule, meals and
eating, disaster preparedness, inservice training for staff, legal documents for
parent-designated adults who may provide care, as needed, and personnel
guidelines describing who may assume responsibility for activities contained
in the student's individual health plan." [2002 c 350 § 1.]
Effective date—2002 c 350: "This act takes effect July 1, 2002." [2002
c 350 § 5.]
28A.210.340
28A.210.340 Students with diabetes—Adoption of
policy for inservice training for school staff. The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school
districts providing for the inservice training for school staff
on symptoms, treatment, and monitoring of students with diabetes and on the additional observations that may be needed
in different situations that may arise during the school day
and during school-sponsored events. The policy shall include
the standards and skills that must be in place for inservice
training of school staff. [2002 c 350 § 3.]
Findings—Effective date—2002 c 350: See notes following RCW
28A.210.330.
[Title 28A RCW—page 53]
28A.210.350
Title 28A RCW: Common School Provisions
28A.210.350
28A.210.350 Students with diabetes—Compliance
with individual health plan—Immunity. A school district,
school district employee, agent, or parent-designated adult
who, acting in good faith and in substantial compliance with
the student's individual health plan and the instructions of the
student's licensed health care professional, provides assistance or services under RCW 28A.210.330 shall not be liable
in any criminal action or for civil damages in his or her individual or marital or governmental or corporate or other
capacities as a result of the services provided under RCW
28A.210.330 to students with diabetes. [2002 c 350 § 4.]
Findings—Effective date—2002 c 350: See notes following RCW
28A.210.330.
28A.210.360
28A.210.360 Model policy on access to nutritious
foods and developmentally appropriate exercise—School
district policies. (1) Consistent with the essential academic
learning requirements for health and fitness, including nutrition, the Washington state school directors association, with
the assistance of the office of the superintendent of public
instruction, the department of health, and the Washington
alliance for health, physical education, recreation and dance,
shall convene an advisory committee to develop a model policy regarding access to nutritious foods, opportunities for
developmentally appropriate exercise, and accurate information related to these topics. The policy shall address the nutritional content of foods and beverages, including fluoridated
bottled water, sold or provided throughout the school day or
sold in competition with the federal school breakfast and
lunch program and the availability and quality of health,
nutrition, and physical education and fitness curriculum. The
model policy should include the development of a physical
education and fitness curriculum for students. For middle
school students, physical education and fitness curriculum
means a daily period of physical activity, a minimum of
twenty minutes of which is aerobic activity in the student's
target heart rate zone, which includes instruction and practice
in basic movement and fine motor skills, progressive physical
fitness, athletic conditioning, and nutrition and wellness
instruction through age-appropriate activities.
(2) The school directors association shall submit the
model policy and recommendations on the related issues,
along with a recommendation for local adoption, to the governor and the legislature and shall post the model policy on its
web site by January 1, 2005.
(3) Each district's board of directors shall establish its
own policy by August 1, 2005. [2004 c 138 § 2.]
Findings—2004 c 138: "(1) The legislature finds:
(a) Childhood obesity has reached epidemic levels in Washington and
throughout the nation. Nearly one in five Washington adolescents in grades
nine through twelve were recently found to be either overweight or at risk of
being overweight;
(b) Overweight and obese children are at higher risk for developing
severe long-term health problems, including but not limited to Type 2 diabetes, cardiovascular disease, high blood pressure, and certain cancers;
(c) Overweight youth also are often affected by discrimination, psychological stress, and low self-esteem;
(d) Obesity and subsequent diseases are largely preventable through
diet and regular physical activity;
(e) A child who has eaten a well-balanced meal and is healthy is more
likely to be prepared to learn in the classroom;
(f) Encouraging adolescents to adopt healthy lifelong eating habits can
increase their productivity and reduce their risk of dying prematurely;
(g) Frequent eating of carbohydrate-rich foods or drinking sweet liq[Title 28A RCW—page 54]
uids throughout the day increases a child's risk for dental decay, the most
common chronic childhood disease;
(h) Schools are a logical place to address the issue of obesity in children and adolescents; and
( i) Increased emphasis on physical activity at all grade levels is essential to enhancing the well-being of Washington's youth.
(2) While the United States department of agriculture regulates the
nutritional content of meals sold in schools under its school breakfast and
lunch program, limited standards are in place to regulate "competitive
foods," which may be high in added sugars, sodium, and saturated fat content. However, the United States department of agriculture does call for
states and local entities to add restrictions on competitive foods, as necessary." [2004 c 138 § 1.]
Chapter 28A.215 RCW
EARLY CHILDHOOD, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
Chapter 28A.215
Sections
NURSERY SCHOOLS, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
28A.215.010 Authority of school boards.
28A.215.020 Allocations of state or federal funds—Regulations by state
board.
28A.215.030 Allocations pending receipt of federal funds.
28A.215.040 Establishment and maintenance discretionary.
28A.215.050 Additional authority—Contracts with private and public entities—Charges—Transportation services.
EARLY CHILDHOOD ASSISTANCE PROGRAM
28A.215.100 Intent.
28A.215.110 Definitions.
28A.215.120 Department of community, trade, and economic development
to administer program—Admission and funding.
28A.215.130 Approved early childhood programs—Entities eligible to
conduct—Use of funds—Requirements for applicants.
28A.215.140 Advisory committee—Composition.
28A.215.150 Rules.
28A.215.160 Review of applications—Award of funds.
28A.215.170 Early childhood educational and assistance services—Report
to governor.
28A.215.180 State support—Priorities—Program funding levels.
28A.215.190 Expenses of advisory committee—Reimbursement.
28A.215.200 Authority to solicit gifts, grants, and support.
28A.215.900 Short title—1985 c 418.
28A.215.904 Contingency—Effective date—1985 c 418.
28A.215.906 Severability—1985 c 418.
28A.215.908 Severability—1988 c 174.
Department of community, trade, and economic development: Chapter
43.330 RCW.
NURSERY SCHOOLS, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
28A.215.010
28A.215.010 Authority of school boards. The board
of directors of any school district shall have the power to
establish and maintain preschools and to provide before-andafter-school and vacation care in connection with the common schools of said district located at such points as the
board shall deem most suitable for the convenience of the
public, for the care and instruction of infants and children
residing in said district. The board shall establish such
courses, activities, rules, and regulations governing preschools and before-and-after-school care as it may deem best:
PROVIDED, That these courses and activities shall meet the
minimum standard for such preschools as established by the
United States Department of Health, Education and Welfare,
or its successor agency, and the state board of education.
Except as otherwise provided by state or federal law, the
board of directors may fix a reasonable charge for the care
(2004 Ed.)
Early Childhood, Preschools, and Before-and-After School Care
and instruction of children attending such schools. The board
may, if necessary, supplement such funds as are received for
the superintendent of public instruction or any agency of the
federal government, by an appropriation from the general
school fund of the district. [1995 c 335 § 104; 1969 ex.s. c
223 § 28A.34.010. Prior: 1945 c 247 § 1; 1943 c 220 § 1;
Rem. Supp. 1945 § 5109-1. Formerly RCW 28A.34.010,
28.34.010.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.215.020
28A.215.020 Allocations of state or federal funds—
Regulations by state board. Expenditures under federal
funds and/or state appropriations made to carry out the purposes of RCW 28A.215.010 through 28A.215.050 shall be
made by warrants issued by the state treasurer upon order of
the superintendent of public instruction. The state board of
education shall make necessary rules and regulations to carry
out the purpose of RCW 28A.215.010. [1995 c 335 § 308;
1990 c 33 § 210; 1969 ex.s. c 223 § 28A.34.020. Prior: 1943
c 220 § 2; Rem. Supp. 1943 § 5109-2. Formerly RCW
28A.34.020, 28.34.020, 28.34.030.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.215.110
side the state basic education appropriation and the state
school transportation appropriation to:
(1) Contract with public and private entities to conduct
all or any portion of the management and operation of a child
care program at a school district site or elsewhere;
(2) Establish charges based upon costs incurred under
this section and provide for the reduction or waiver of
charges in individual cases based upon the financial ability of
the parents or legal guardians of enrolled children to pay the
charges, or upon their provision of other valuable consideration to the school district; and
(3) Transport children enrolled in a child care program to
the program and to related sites using district-owned school
buses and other motor vehicles, or by contracting for such
transportation and related services: PROVIDED, That no
child three years of age or younger shall be transported under
the provisions of this section unless accompanied by a parent
or guardian. [1995 c 335 § 310; 1990 c 33 § 212; 1987 c 487
§ 1. Formerly RCW 28A.34.150.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
EARLY CHILDHOOD ASSISTANCE PROGRAM
28A.215.100
28A.215.030
28A.215.030 Allocations pending receipt of federal
funds. In the event the legislature appropriates any moneys
to carry out the purposes of RCW 28A.215.010 through
28A.215.050, allocations therefrom may be made to school
districts for the purpose of underwriting allocations made or
requested from federal funds until such federal funds are
available. Any school district may allocate a portion of its
funds for the purpose of carrying out the provisions of RCW
28A.215.010 through 28A.215.050 pending the receipt of
reimbursement from funds made available by acts of congress. [1995 c 335 § 309; 1990 c 33 § 211; 1969 ex.s. c 223
§ 28A.34.040. Prior: 1943 c 220 § 3; Rem. Supp. 1943 §
5109-3. Formerly RCW 28A.34.040, 28.34.040.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.215.040
28A.215.040 Establishment and maintenance discretionary. Every board of directors shall have power to establish, equip and maintain preschools and/or provide beforeand-after-school care for children of working parents, in
cooperation with the federal government or any of its agencies, when in their judgment the best interests of their district
will be subserved thereby. [1995 c 335 § 105; 1973 1st ex.s.
c 154 § 45; 1969 ex.s. c 223 § 28A.34.050. Prior: 1943 c 220
§ 5; Rem. Supp. 1943 § 5109-5. Formerly RCW 28A.34.050,
28.34.050.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
28A.215.050
28A.215.050 Additional authority—Contracts with
private and public entities—Charges—Transportation
services. As a supplement to the authority otherwise granted
by RCW 28A.215.010 through 28A.215.050 respecting the
care or instruction, or both, of children in general, the board
of directors of any school district may only utilize funds out(2004 Ed.)
28A.215.100 Intent. It is the intent of the legislature to
establish an early childhood state education and assistance
program. This special assistance program is a voluntary
enrichment program to help prepare some children to enter
the common school system and shall be offered only as funds
are available. This program is not a part of the basic program
of education which must be fully funded by the legislature
under Article IX, section 1 of the state Constitution. [1994 c
166 § 1; 1985 c 418 § 1. Formerly RCW 28A.34A.010.]
Effective date—1994 c 166: "This act shall take effect July 1, 1994."
[1994 c 166 § 12.]
28A.215.110
28A.215.110 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 28A.215.100 through 28A.215.200 and
28A.215.900 through 28A.215.908.
(1) "Advisory committee" means the advisory committee under RCW 28A.215.140.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Eligible child" means a child not eligible for kindergarten whose family income is at or below one hundred ten
percent of the federal poverty level, as published annually by
the federal department of health and human services, and
includes a child whose family is eligible for public assistance,
and who is not a participant in a federal or state program providing comprehensive services and may include children who
are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the
total enrollment in the early childhood program. Priority for
enrollment shall be given to children from families with the
lowest income or to eligible children from families with multiple needs.
(4) "Approved programs" means those state-supported
education and special assistance programs which are recognized by the department of community, trade, and economic
development as meeting the minimum program rules adopted
[Title 28A RCW—page 55]
28A.215.120
Title 28A RCW: Common School Provisions
by the department to qualify under RCW 28A.215.100
through 28A.215.200 and 28A.215.900 through 28A.215.908
and are designated as eligible for funding by the department
under RCW 28A.215.160 and 28A.215.180.
(5) "Comprehensive" means an assistance program that
focuses on the needs of the child and includes education,
health, and family support services.
(6) "Family support services" means providing opportunities for parents to:
(a) Actively participate in their child's early childhood
program;
(b) Increase their knowledge of child development and
parenting skills;
(c) Further their education and training;
(d) Increase their ability to use needed services in the
community;
(e) Increase their self-reliance. [1999 c 350 § 1; 1994 c
166 § 2; 1990 c 33 § 213; 1988 c 174 § 2; 1985 c 418 § 2. Formerly RCW 28A.34A.020.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: "The legislature finds that the early
childhood education and assistance program provides for the educational,
social, health, nutritional, and cultural development of children at risk of failure when they reach school age. The long-term benefits to society in the form
of greater educational attainment, employment, and projected lifetime earnings as well as the savings to be realized, from lower crime rates, welfare
support, and reduced teenage pregnancy, have been demonstrated through
lifelong research of at-risk children and early childhood programs.
The legislature intends to encourage development of community partnerships for children at risk by authorizing a program of voluntary grants and
contributions from business and community organizations to increase opportunities for children to participate in early childhood education." [1994 c 166
§ 3; 1988 c 174 § 1.]
28A.215.120
28A.215.120 Department of community, trade, and
economic development to administer program—Admission and funding. The department of community, trade, and
economic development shall administer a state-supported
early childhood education and assistance program to assist
eligible children with educational, social, health, nutritional,
and cultural development to enhance their opportunity for
success in the common school system. Eligible children shall
be admitted to approved early childhood programs to the
extent that the legislature provides funds, and additional eligible children may be admitted to the extent that grants and
contributions from community sources provide sufficient
funds for a program equivalent to that supported by state
funds. [1994 c 166 § 4; 1988 c 174 § 3; 1985 c 418 § 3. Formerly RCW 28A.34A.030.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.130
28A.215.130 Approved early childhood programs—
Entities eligible to conduct—Use of funds—Requirements
for applicants. Approved early childhood programs shall
receive state-funded support through the department. Public
or private nonsectarian organizations, including, but not limited to school districts, educational service districts, community and technical colleges, local governments, or nonprofit
organizations, are eligible to participate as providers of the
state early childhood program. Funds appropriated for the
state program shall be used to continue to operate existing
[Title 28A RCW—page 56]
programs or to establish new or expanded early childhood
programs, and shall not be used to supplant federally supported head start programs. Funds obtained by providers
through voluntary grants or contributions from individuals,
agencies, corporations, or organizations may be used to
expand or enhance preschool programs so long as program
standards established by the department are maintained, but
shall not be used to supplant federally supported head start
programs or state-supported early childhood programs. Persons applying to conduct the early childhood program shall
identify targeted groups and the number of children to be
served, program components, the qualifications of instructional and special staff, the source and amount of grants or
contributions from sources other than state funds, facilities
and equipment support, and transportation and personal care
arrangements. [1994 c 166 § 5; 1988 c 174 § 4; 1985 c 418 §
4. Formerly RCW 28A.34A.040.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.140
28A.215.140 Advisory committee—Composition.
The department shall establish an advisory committee composed of interested parents and representatives from the state
board of education, the office of the superintendent of public
instruction, the division of children and family services
within the department of social and health services, early
childhood education and development staff preparation programs, the head start programs, school districts, and such
other community and business organizations as deemed necessary by the department to assist with the establishment of
the preschool program and advise the department on matters
regarding the on-going promotion and operation of the program. [1988 c 174 § 5; 1985 c 418 § 5. Formerly RCW
28A.34A.050.]
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.150 Rules. The department shall adopt rules
under chapter 34.05 RCW for the administration of the early
childhood program. Approved early childhood programs
shall conduct needs assessments of their service area, identify
any targeted groups of children, to include but not be limited
to children of seasonal and migrant farmworkers and native
American populations living either on or off reservation, and
provide to the department a service delivery plan, to the
extent practicable, that addresses these targeted populations.
The department in developing rules for the early childhood program shall consult with the advisory committee, and
shall consider such factors as coordination with existing head
start and other early childhood programs, the preparation necessary for instructors, qualifications of instructors, adequate
space and equipment, and special transportation needs. The
rules shall specifically require the early childhood programs
to provide for parental involvement in participation with their
child's program, in local program policy decisions, in development and revision of service delivery systems, and in parent education and training. [1994 c 166 § 6; 1988 c 174 § 6;
1987 c 518 § 101; 1985 c 418 § 6. Formerly RCW
28A.34A.060.]
28A.215.150
Effective date—1994 c 166: See note following RCW 28A.215.100.
(2004 Ed.)
Early Childhood, Preschools, and Before-and-After School Care
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
Intent—1994 c 166; 1987 c 518: "The long-term social, community
welfare, and economic interests of the state will be served by an investment
in our children. Conclusive studies and experiences show that providing children with developmental experiences and providing parents with effective
parental partnership, empowerment, opportunities for involvement with their
child's developmental learning, and expanding parenting skills, learning, and
training can greatly improve children's performance in school as well as
increase the likelihood of children's success as adults. National studies have
also confirmed that special attention to, and educational assistance for, children, their school environment, and their families are the most effective ways
in which to meet the state's social and economic goals.
The legislature intends to enhance the readiness to learn of certain children and students by: Providing for an expansion of the state early childhood
education and assistance program for children from low-income families and
establishing an adult literacy program for certain parents; assisting school
districts to establish elementary counseling programs; instituting a program
to address learning problems due to drug and alcohol use and abuse; and
establishing a program directed at students who leave school before graduation.
The legislature intends further to establish programs that will allow for
parental, business, and community involvement in assisting the school systems throughout the state to enhance the ability of children to learn." [1994
c 166 § 7; 1987 c 518 § 1.]
Severability—1987 c 518: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 518 § 411.]
28A.215.160
28A.215.160 Review of applications—Award of
funds. The department shall review applications from public
or private nonsectarian organizations for state funding of
early childhood education and assistance programs and
award funds as determined by department rules and based on
local community needs and demonstrated capacity to provide
services. [1994 c 166 § 8; 1988 c 174 § 7; 1985 c 418 § 7.
Formerly RCW 28A.34A.070.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.170
28A.215.170 Early childhood educational and assistance services—Report to governor. The department shall
annually report to the governor and the legislature on the
findings of the longitudinal study undertaken to examine and
monitor the effectiveness of early childhood educational and
assistance services for eligible children to measure, among
other elements, if possible, how the average level of performance of children completing this program compare to the
average level of performance of all state students in their
grade level, and to the average level of performance of those
eligible students who did not have access to this program.
The evaluation system shall examine how the percentage of
these children needing access to special education or remedial programs compares to the overall percentage of children
needing such services and compares to the percentage of eligible students who did not have access to this program needing such services. [1995 c 335 § 501; 1994 c 166 § 9; 1988 c
174 § 8; 1985 c 418 § 8. Formerly RCW 28A.34A.080.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.215.906
28A.215.180 State support—Priorities—Program
funding levels. For the purposes of RCW 28A.215.100
through 28A.215.200 and 28A.215.900 through
28A.215.908, the department may award state support under
RCW 28A.215.100 through 28A.215.160 to increase the
numbers of eligible children assisted by the federal or statesupported early childhood programs in this state. Priority
shall be given to those geographical areas which include a
high percentage of families qualifying under the "eligible
child" criteria. The overall program funding level shall be
based on an average grant per child consistent with state
appropriations made for program costs: PROVIDED, That
programs addressing special needs of selected groups or
communities shall be recognized in the department's rules.
[1994 c 166 § 10; 1990 c 33 § 214; 1987 c 518 § 102; 1985 c
418 § 9. Formerly RCW 28A.34A.090.]
28A.215.180
Effective date—1994 c 166: See note following RCW 28A.215.100.
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
28A.215.190 Expenses of advisory committee—
Reimbursement. The department from funds appropriated
for the administration of the program under chapter 418,
Laws of 1985 shall reimburse the expenses of the advisory
committee. [1985 c 418 § 10. Formerly RCW 28A.34A.100.]
28A.215.190
28A.215.200 Authority to solicit gifts, grants, and
support. The department may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the early
childhood state education and assistance program established
by RCW 28A.215.100 through 28A.215.200 and
28A.215.900 through 28A.215.908. The department shall
actively solicit support from business and industry and from
the federal government for the state early childhood education and assistance program and shall assist local programs in
developing partnerships with the community for eligible children. [1994 c 166 § 11; 1990 c 33 § 215; 1988 c 174 § 9;
1985 c 418 § 11. Formerly RCW 28A.34A.110.]
28A.215.200
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.900
28A.215.900 Short title—1985 c 418. This act shall be
known as the early childhood assistance act of 1985. [1985 c
418 § 13. Formerly RCW 28A.34A.904.]
28A.215.904 Contingency—Effective date—1985 c
418. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by the legislature
by July 1, 1987, this act shall be null and void. This act shall
be of no effect until such specific funding is provided. If such
funding is so provided, this act shall take effect when the legislation providing the funding takes effect. [1985 c 418 § 12.
Formerly RCW 28A.34A.900.]
28A.215.904
Reviser's note: (1) 1986 c 312 § 211 provides specific funding for the
purposes of this act.
(2) 1986 c 312 took effect April 4, 1986.
Effective date—1994 c 166: See note following RCW 28A.215.100.
28A.215.906
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
(2004 Ed.)
28A.215.906 Severability—1985 c 418. If any provision of this act or its application to any person or circum[Title 28A RCW—page 57]
28A.215.908
Title 28A RCW: Common School Provisions
stance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1985 c 418 § 14. Formerly RCW 28A.34A.906.]
28A.215.908
28A.215.908 Severability—1988 c 174. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1988 c 174 § 11. Formerly RCW 28A.34A.908.]
Chapter 28A.220
Chapter 28A.220 RCW
TRAFFIC SAFETY
Sections
28A.220.010 Legislative declaration.
28A.220.020 Definitions.
28A.220.030 Administration of program—Powers and duties of school
officials.
28A.220.040 Fiscal support—Reimbursement to school districts—Enrollment fees—Deposit.
28A.220.050 Information on proper use of left-hand lane.
28A.220.060 Information on effects of alcohol and drug use.
28A.220.070 Rules.
28A.220.080 Information on motorcycle awareness.
28A.220.900 Purpose.
28A.220.010
28A.220.010 Legislative declaration. It is the purpose
of chapter 76, Laws of 1977 to provide the students of the
state with an improved quality traffic safety education program and to develop in the youth of this state a knowledge of
the motor vehicle laws, an acceptance of personal responsibility on the public highways, an understanding of the causes
and consequences of traffic accidents, and to provide training
in the skills necessary for the safe operation of motor vehicles; to provide financial assistance to the various school districts while permitting them to achieve economies through
options in the choice of course content and methods of
instructions by adopting in whole or with modifications, a
program prepared by the office of the superintendent of public instruction, and keeping to a minimum the amount of estimating, bookkeeping and reporting required of said school
districts for financial reimbursement for such traffic safety
education programs. [1977 c 76 § 1. Formerly RCW
28A.08.005, 46.81.005.]
Severability—1977 c 76: "If any provision of this 1977 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 c 76 § 5.]
28A.220.020
28A.220.020 Definitions. The following words and
phrases whenever used in chapter 28A.220 RCW shall have
the following meaning:
(1) "Superintendent" or "state superintendent" shall
mean the superintendent of public instruction.
(2) "Traffic safety education course" shall mean an
accredited course of instruction in traffic safety education
which shall consist of two phases, classroom instruction, and
laboratory experience. "Laboratory experience" shall include
on-street, driving range, or simulator experience or some
combination thereof. Each phase shall meet basic course
requirements which shall be established by the superintendent of public instruction and each part of said course shall be
taught by a qualified teacher of traffic safety education. Any
[Title 28A RCW—page 58]
portions of the course may be taught after regular school
hours or on Saturdays as well as on regular school days or as
a summer school course, at the option of the local school districts.
(3) "Qualified teacher of traffic safety education" shall
mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of
public instruction to teach either the classroom phase or the
laboratory phase of the traffic safety education course, or
both, under regulations promulgated by the superintendent:
PROVIDED, That the laboratory experience phase of the
traffic safety education course may be taught by instructors
certificated under rules promulgated by the superintendent of
public instruction, exclusive of any requirement that the
instructor be certificated under the provisions of chapter
28A.410 RCW. Professional instructors certificated under
the provisions of chapter 46.82 RCW, and participating in
this program, shall be subject to reasonable qualification
requirements jointly adopted by the superintendent of public
instruction and the director of licensing.
(4) "Realistic level of effort" means the classroom and
laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be
satisfactorily accomplished by the student in order to successfully complete the traffic safety education course. [1990
c 33 § 218; 1979 c 158 § 195; 1977 c 76 § 2; 1969 ex.s. c 218
§ 1; 1963 c 39 § 2. Formerly RCW 28A.08.010, 46.81.010.]
Severability—1977 c 76: See note following RCW 28A.220.010.
28A.220.030
28A.220.030 Administration of program—Powers
and duties of school officials. (1) The superintendent of
public instruction is authorized to establish a section of traffic
safety education, and through such section shall: Define a
"realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the
course, and ensure that an effective statewide program is
implemented and sustained, administer, supervise, and
develop the traffic safety education program and shall assist
local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary
rules and regulations governing the operation and scope of
the traffic safety education program; and each school district
shall submit a report to the superintendent on the condition of
its traffic safety education program: PROVIDED, That the
superintendent shall monitor the quality of the program and
carry out the purposes of this chapter.
(2) The board of directors of any school district maintaining a secondary school which includes any of the grades
10 to 12, inclusive, may establish and maintain a traffic safety
education course. If a school district elects to offer a traffic
safety education course and has within its boundaries a private accredited secondary school which includes any of the
grades 10 to 12, inclusive, at least one class in traffic safety
education shall be given at times other than regular school
hours if there is sufficient demand therefor.
(3) The board of directors of a school district, or combination of school districts, may contract with any drivers'
school licensed under the provisions of chapter 46.82 RCW
to teach the laboratory phase of the traffic safety education
(2004 Ed.)
Compulsory School Attendance and Admission
course. Instructors provided by any such contracting drivers'
school must be properly qualified teachers of traffic safety
education under the joint qualification requirements adopted
by the superintendent of public instruction and the director of
licensing.
(4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education
for traffic safety education instructors. The superintendent
may phase in the requirement over not more than five years.
[2000 c 115 § 9; 1979 c 158 § 196; 1977 c 76 § 3; 1969 ex.s.
c 218 § 2; 1963 c 39 § 3. Formerly RCW 28A.08.020,
46.81.020.]
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Chapter 28A.225
28A.220.060
28A.220.060 Information on effects of alcohol and
drug use. The superintendent of public instruction shall
include information on the effects of alcohol and drug use on
motor vehicle operators, including information on drug and
alcohol related traffic injury and mortality rates in the state of
Washington, and current penalties for driving under the influence of drugs or alcohol in instructional material used in traffic safety education courses. [1991 c 217 § 2.]
28A.220.070
28A.220.070 Rules. The superintendent of public
instruction, in consultation with the department of licensing,
shall adopt rules for implementing RCW 46.20.075(1)(d).
[2000 c 115 § 11.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
Severability—1977 c 76: See note following RCW 28A.220.010.
28A.220.080
28A.220.040
28A.220.040 Fiscal support—Reimbursement to
school districts—Enrollment fees—Deposit. (1) Each
school district shall be reimbursed from funds appropriated
for traffic safety education.
(a) The state superintendent shall determine the perpupil reimbursement amount for the traffic safety education
course to be funded by the state. Each school district offering
an approved standard traffic safety education course shall be
reimbursed or granted an amount up to the level established
by the superintendent of public instruction as may be appropriated.
(b) The state superintendent may provide per-pupil reimbursements to school districts only where all the traffic educators have satisfied the continuing education requirement of
RCW 28A.220.030(4).
(2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be
paid by any duly enrolled student in any such school district
prior to or while enrolled in a traffic safety education course.
Traffic safety education fees collected by a school district
shall be deposited with the county treasurer to the credit of
such school district, to be used to pay costs of the traffic
safety education course. [2000 c 115 § 10; 1984 c 258 § 331;
1977 c 76 § 4; 1969 ex.s. c 218 § 6; 1967 ex.s. c 147 § 5; 1963
c 39 § 8. Formerly RCW 28A.08.070, 46.81.070.]
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1977 c 76: See note following RCW 28A.220.010.
Traffic safety commission: Chapter 43.59 RCW.
28A.220.050
28A.220.050 Information on proper use of left-hand
lane. The superintendent of public instruction shall include
information on the proper use of the left-hand lane on multilane highways in instructional material used in traffic safety
education courses. [1986 c 93 § 4. Formerly RCW
28A.08.080.]
Keep right except when passing, etc: RCW 46.61.100.
(2004 Ed.)
28A.220.080 Information on motorcycle awareness.
The superintendent of public instruction shall include information on motorcycle awareness, approved by the Motorcycle Safety Foundation, in instructional material used in traffic
safety education courses, to ensure new operators of motor
vehicles have been instructed in the importance of safely
sharing the road with motorcyclists. [2004 c 126 § 1.]
28A.220.900
28A.220.900 Purpose. It is the purpose of this act to
provide the financial assistance necessary to enable each high
school district to offer a course in traffic safety education and
by that means to develop in the youth of this state a knowledge of the motor vehicle laws, an acceptance of personal
responsibility on the public highways, and an understanding
of the causes and consequences of traffic accidents, with an
emphasis on the consequences, both physical and legal, of the
use of drugs or alcohol in relation to operating a motor vehicle. The course in traffic safety education shall further provide to the youthful drivers of this state training in the skills
necessary for the safe operation of motor vehicles. [1991 c
217 § 1; 1969 ex.s. c 218 § 7; 1963 c 39 § 1. Formerly RCW
28A.08.900, 46.81.900.]
Chapter 28A.225 RCW
COMPULSORY SCHOOL ATTENDANCE
AND ADMISSION
Chapter 28A.225
Sections
28A.225.005 Compulsory education, requirements—Informing students
and parents annually.
28A.225.010 Attendance mandatory—Age—Exceptions.
28A.225.015 Attendance mandatory—Six or seven year olds—Unexcused
absences—Petition.
28A.225.020 School's duties upon child's failure to attend school.
28A.225.025 Community truancy boards.
28A.225.030 Petition to juvenile court for violations by a parent or child—
School district responsibilities.
28A.225.031 Alcohol or controlled substances testing—Authority to order.
28A.225.035 Petition to juvenile court—Contents—Court action—Referral to community truancy board—Transfer of jurisdiction
upon relocation.
28A.225.055 Excused absences—Search and rescue activities.
28A.225.060 Custody and disposition of child absent from school without
excuse.
28A.225.080 Employment permits.
28A.225.090 Court orders—Penalties—Parents' defense.
28A.225.095 Authority of court commissioners and family law commissioners to hear cases under this chapter.
28A.225.110 Fines applied to support of schools.
[Title 28A RCW—page 59]
28A.225.005
Title 28A RCW: Common School Provisions
28A.225.115 Educational services—Funding for children referred to community truancy board.
28A.225.140 Enforcing officers not personally liable for costs.
28A.225.151 Reports.
28A.225.160 Qualification for admission to district's schools—Fees for
preadmission screening.
28A.225.170 Admission to schools—Children on United States reservations—Idaho residents with Washington addresses.
28A.225.200 Education of pupils in another district—Limitation as to state
apportionment—Exemption.
28A.225.210 Admission of district pupils tuition free.
28A.225.215 Enrollment of children without legal residences.
28A.225.220 Adults, children from other districts, agreements for attending school—Tuition.
28A.225.225 Applications from nonresident students or students receiving
home-based instruction to attend district school—School
employees' children—Acceptance and rejection standards—Notification.
28A.225.230 Appeal from certain decisions to deny student's request to
attend nonresident district—Procedure.
28A.225.240 Apportionment credit.
28A.225.250 Cooperative programs among school districts—Rules.
28A.225.260 Reciprocity exchanges with other states.
28A.225.270 Intradistrict enrollment options policies.
28A.225.280 Transfer students' eligibility for extracurricular activities.
28A.225.290 Enrollment options information booklet.
28A.225.300 Enrollment options information to parents.
28A.225.310 Attendance in school district of choice—Impact on existing
cooperative arrangements.
28A.225.330 Enrolling students from other districts—Requests for information and permanent records—Withheld transcripts,
effect—Immunity from liability—Notification to teachers
and security personnel—Rules.
28A.225.005 Compulsory education, requirements—
Informing students and parents annually. Each school
within a school district shall inform the students and the parents of the students enrolled in the school about the compulsory education requirements under this chapter. The school
shall distribute the information at least annually. [1992 c 205
§ 201.]
28A.225.005
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
28A.225.010 Attendance mandatory—Age—Exceptions. (1) All parents in this state of any child eight years of
age and under eighteen years of age shall cause such child to
attend the public school of the district in which the child
resides and such child shall have the responsibility to and
therefore shall attend for the full time when such school may
be in session unless:
(a) The child is attending an approved private school for
the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4);
(b) The child is receiving home-based instruction as provided in subsection (4) of this section;
(c) The child is attending an education center as provided
in chapter 28A.205 RCW;
(d) The school district superintendent of the district in
which the child resides shall have excused such child from
attendance because the child is physically or mentally unable
to attend school, is attending a residential school operated by
the department of social and health services, is incarcerated
in an adult correctional facility, or has been temporarily
excused upon the request of his or her parents for purposes
agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if
deemed to cause a serious adverse effect upon the student's
educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed
28A.225.010
[Title 28A RCW—page 60]
as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW
28A.150.250 and 28A.150.260 and shall not affect school
district compliance with the provisions of RCW
28A.150.220; or
(e) The child is sixteen years of age or older and:
(i) The child is regularly and lawfully employed and
either the parent agrees that the child should not be required
to attend school or the child is emancipated in accordance
with chapter 13.64 RCW;
(ii) The child has already met graduation requirements in
accordance with state board of education rules and regulations; or
(iii) The child has received a certificate of educational
competence under rules and regulations established by the
state board of education under RCW 28A.305.190.
(2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.
(3) An approved private school for the purposes of this
chapter and chapter 28A.200 RCW shall be one approved
under regulations established by the state board of education
pursuant to RCW 28A.305.130.
(4) For the purposes of this chapter and chapter 28A.200
RCW, instruction shall be home-based if it consists of
planned and supervised instructional and related educational
activities, including a curriculum and instruction in the basic
skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music,
provided for a number of hours equivalent to the total annual
program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and
if such activities are:
(a) Provided by a parent who is instructing his or her
child only and are supervised by a certificated person. A certificated person for purposes of this chapter and chapter
28A.200 RCW shall be a person certified under chapter
28A.410 RCW. For purposes of this section, "supervised by a
certificated person" means: The planning by the certificated
person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact
hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the
certificated person. The number of children supervised by the
certificated person shall not exceed thirty for purposes of this
subsection; or
(b) Provided by a parent who is instructing his or her
child only and who has either earned forty-five college level
quarter credit hours or its equivalent in semester hours or has
completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or
(c) Provided by a parent who is deemed sufficiently
qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.
(5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the
provisions of subsection (4) of this section relating to the
nature and quantity of instructional and related educational
activities shall be liberally construed. [1998 c 244 § 14; 1996
c 134 § 1; 1990 c 33 § 219; 1986 c 132 § 1; 1985 c 441 § 1;
(2004 Ed.)
Compulsory School Attendance and Admission
1980 c 59 § 1; 1979 ex.s. c 201 § 4; 1973 c 51 § 1; 1972 ex.s.
c 10 § 2. Prior: 1971 ex.s. c 215 § 2; 1971 ex.s. c 51 § 1; 1969
ex.s. c 109 § 2; 1969 ex.s. c 223 § 28A.27.010; prior: 1909 p
364 § 1; RRS § 5072; prior: 1907 c 240 § 7; 1907 c 231 § 1;
1905 c 162 § 1; 1903 c 48 § 1; 1901 c 177 § 11; 1899 c 140 §
1; 1897 c 118 § 71. Formerly RCW 28A.27.010, 28.27.010.]
Effective date—Severability—1998 c 244: See RCW 28A.193.900
and 28A.193.901.
Severability—1985 c 441: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 441 § 6.]
28A.225.020
month or ten unexcused absences in a school year, the school
district shall file a petition for civil action as provided in
RCW 28A.225.035 against the parent of the child.
(4) This section does not require a six or seven year old
child to enroll in a public or private school or to receive
home-based instruction. This section only applies to six or
seven year old children whose parents enroll them full time in
public school and do not formally remove them from enrollment as provided in subsection (1) of this section. [1999 c
319 § 6.]
28A.225.020
Severability—1973 c 51: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 51 § 5.]
Private schools: RCW 28A.305.130(6), 28A.195.010 through 28A.195.050.
Work permits for minors required: RCW 49.12.123.
28A.225.015 Attendance mandatory—Six or seven
year olds—Unexcused absences—Petition. (1) If a parent
enrolls a child who is six or seven years of age in a public
school, the child is required to attend and that parent has the
responsibility to ensure the child attends for the full time that
school is in session. An exception shall be made to this
requirement for children whose parents formally remove
them from enrollment if the child is less than eight years old
and a petition has not been filed against the parent under subsection (3) of this section. The requirement to attend school
under this subsection does not apply to a child enrolled in a
public school part-time for the purpose of receiving ancillary
services. A child required to attend school under this subsection may be temporarily excused upon the request of his or
her parent for purposes agreed upon by the school district and
parent.
(2) If a six or seven year-old child is required to attend
public school under subsection (1) of this section and that
child has unexcused absences, the public school in which the
child is enrolled shall:
(a) Inform the child's custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child
has failed to attend school after one unexcused absence
within any month during the current school year;
(b) Request a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of
analyzing the causes of the child's absences after two unexcused absences within any month during the current school
year. If a regularly scheduled parent-teacher conference day
is to take place within thirty days of the second unexcused
absence, then the school district may schedule this conference on that day; and
(c) Take steps to eliminate or reduce the child's absences.
These steps shall include, where appropriate, adjusting the
child's school program or school or course assignment, providing more individualized or remedial instruction, offering
assistance in enrolling the child in available alternative
schools or programs, or assisting the parent or child to obtain
supplementary services that may help eliminate or ameliorate
the cause or causes for the absence from school.
(3) If a child required to attend public school under subsection (1) of this section has seven unexcused absences in a
28A.225.015
(2004 Ed.)
28A.225.020 School's duties upon child's failure to
attend school. (1) If a child required to attend school under
RCW 28A.225.010 fails to attend school without valid justification, the public school in which the child is enrolled shall:
(a) Inform the child's custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child
has failed to attend school after one unexcused absence
within any month during the current school year. School officials shall inform the parent of the potential consequences of
additional unexcused absences;
(b) Schedule a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of
analyzing the causes of the child's absences after two unexcused absences within any month during the current school
year. If a regularly scheduled parent-teacher conference day
is to take place within thirty days of the second unexcused
absence, then the school district may schedule this conference on that day; and
(c) Take steps to eliminate or reduce the child's absences.
These steps shall include, where appropriate, adjusting the
child's school program or school or course assignment, providing more individualized or remedial instruction, providing
appropriate vocational courses or work experience, referring
the child to a community truancy board, if available, requiring the child to attend an alternative school or program, or
assisting the parent or child to obtain supplementary services
that might eliminate or ameliorate the cause or causes for the
absence from school. If the child's parent does not attend the
scheduled conference, the conference may be conducted with
the student and school official. However, the parent shall be
notified of the steps to be taken to eliminate or reduce the
child's absence.
(2) For purposes of this chapter, an "unexcused absence"
means that a child:
(a) Has failed to attend the majority of hours or periods
in an average school day or has failed to comply with a more
restrictive school district policy; and
(b) Has failed to meet the school district's policy for
excused absences.
(3) If a child transfers from one school district to another
during the school year, the receiving school or school district
shall include the unexcused absences accumulated at the previous school or from the previous school district for purposes
of this section, RCW 28A.225.030, and 28A.225.015. [1999
c 319 § 1; 1996 c 134 § 2; 1995 c 312 § 67; 1992 c 205 § 202;
1986 c 132 § 2; 1979 ex.s. c 201 § 1. Formerly RCW
28A.27.020.]
Short title—1995 c 312: See note following RCW 13.32A.010.
[Title 28A RCW—page 61]
28A.225.025
Title 28A RCW: Common School Provisions
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
28A.225.025
28A.225.025 Community truancy boards. For purposes of this chapter, "community truancy board" means a
board composed of members of the local community in
which the child attends school. Juvenile courts may establish
and operate community truancy boards. If the juvenile court
and the school district agree, a school district may establish
and operate a community truancy board under the jurisdiction
of the juvenile court. Juvenile courts may create a community
truancy board or may use other entities that exist or are created, such as diversion units. However, a diversion unit or
other existing entity must agree before it is used as a truancy
board. Duties of a community truancy board shall include,
but not be limited to, recommending methods for improving
school attendance such as assisting the parent or the child to
obtain supplementary services that might eliminate or ameliorate the causes for the absences or suggesting to the school
district that the child enroll in another school, an alternative
education program, an education center, a skill center, a dropout prevention program, or another public or private educational program. [1999 c 319 § 5; 1996 c 134 § 9; 1995 c 312
§ 66.]
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.225.030
28A.225.030 Petition to juvenile court for violations
by a parent or child—School district responsibilities. (1)
If a child is required to attend school under RCW
28A.225.010 and if the actions taken by a school district
under RCW 28A.225.020 are not successful in substantially
reducing an enrolled student's absences from public school,
not later than the seventh unexcused absence by a child
within any month during the current school year or not later
than the tenth unexcused absence during the current school
year the school district shall file a petition and supporting
affidavit for a civil action with the juvenile court alleging a
violation of RCW 28A.225.010: (a) By the parent; (b) by the
child; or (c) by the parent and the child. Except as provided in
this subsection, no additional documents need be filed with
the petition.
(2) The district shall not later than the fifth unexcused
absence in a month:
(a) Enter into an agreement with a student and parent that
establishes school attendance requirements;
(b) Refer a student to a community truancy board, if
available, as defined in RCW 28A.225.025. The community
truancy board shall enter into an agreement with the student
and parent that establishes school attendance requirements
and take other appropriate actions to reduce the child's
absences; or
(c) File a petition under subsection (1) of this section.
(3) The petition may be filed by a school district
employee who is not an attorney.
(4) If the school district fails to file a petition under this
section, the parent of a child with five or more unexcused
absences in any month during the current school year or upon
the tenth unexcused absence during the current school year
may file a petition with the juvenile court alleging a violation
of RCW 28A.225.010.
[Title 28A RCW—page 62]
(5) Petitions filed under this section may be served by
certified mail, return receipt requested. If such service is
unsuccessful, or the return receipt is not signed by the
addressee, personal service is required. [1999 c 319 § 2;
1996 c 134 § 3; 1995 c 312 § 68; 1992 c 205 § 203; 1990 c 33
§ 220; 1986 c 132 § 3; 1979 ex.s. c 201 § 2. Formerly RCW
28A.27.022.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
28A.225.031
28A.225.031 Alcohol or controlled substances testing—Authority to order. The authority of a court to issue
an order for testing to determine whether the child has consumed or used alcohol or controlled substances applies to all
persons subject to a petition under RCW 28A.225.030
regardless of whether the petition was filed before July 27,
1997. [1997 c 68 § 3.]
28A.225.035
28A.225.035 Petition to juvenile court—Contents—
Court action—Referral to community truancy board—
Transfer of jurisdiction upon relocation. (1) A petition for
a civil action under RCW 28A.225.030 or 28A.225.015 shall
consist of a written notification to the court alleging that:
(a) The child has unexcused absences during the current
school year;
(b) Actions taken by the school district have not been
successful in substantially reducing the child's absences from
school; and
(c) Court intervention and supervision are necessary to
assist the school district or parent to reduce the child's
absences from school.
(2) The petition shall set forth the name, date of birth,
school, address, gender, race, and ethnicity of the child and
the names and addresses of the child's parents.
(3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter and provide information about what
the court might order under RCW 28A.225.090.
(4) When a petition is filed under RCW 28A.225.030 or
28A.225.015, the juvenile court shall schedule a hearing at
which the court shall consider the petition, or if the court
determines that a referral to an available community truancy
board would substantially reduce the child's unexcused
absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court.
(5) If a referral is made to a community truancy board,
the truancy board must meet with the child, a parent, and the
school district representative and enter into an agreement
with the petitioner and respondent regarding expectations and
any actions necessary to address the child's truancy within
thirty days of the referral. If the petition is based on RCW
28A.225.015, the child shall not be required to attend and the
agreement under this subsection shall be between the truancy
board, the school district, and the child's parent. The agreement shall be presented to the juvenile court for its approval.
(6) The court shall approve the agreement by order or
schedule a hearing. The court may, if the school district and
community truancy board agree, permit the truancy board to
provide continued supervision over the student, or parent if
(2004 Ed.)
Compulsory School Attendance and Admission
the petition is based on RCW 28A.225.015, and report on
compliance with the order.
(7) If the truancy board fails to reach an agreement, the
truancy board shall return the case to the juvenile court for a
hearing.
(8) Notwithstanding the provisions in subsection (4) of
this section, a hearing shall not be required if other actions by
the court would substantially reduce the child's unexcused
absences. When a juvenile court hearing is held, the court
shall:
(a) Separately notify the child, the parent of the child,
and the school district of the hearing;
(b) Notify the parent and the child of their rights to
present evidence at the hearing; and
(c) Notify the parent and the child of the options and
rights available under chapter 13.32A RCW.
(9) The court may require the attendance of the child if
eight years old or older, the parents, and the school district at
any hearing on a petition filed under RCW 28A.225.030.
(10) A school district is responsible for determining who
shall represent the school district at hearings on a petition
filed under RCW 28A.225.030 or 28A.225.015.
(11) The court may permit the first hearing to be held
without requiring that either party be represented by legal
counsel, and to be held without a guardian ad litem for the
child under RCW 4.08.050. At the request of the school district, the court shall permit a school district representative
who is not an attorney to represent the school district at any
future hearings.
(12) If the allegations in the petition are established by a
preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for
the period of time determined by the court, after considering
the facts alleged in the petition and the circumstances of the
juvenile, to most likely cause the juvenile to return to and
remain in school while the juvenile is subject to this chapter.
In no case may the order expire before the end of the school
year in which it is entered.
(13) If the court assumes jurisdiction, the school district
shall regularly report to the court any additional unexcused
absences by the child.
(14) Community truancy boards and the courts shall
coordinate, to the extent possible, proceedings and actions
pertaining to children who are subject to truancy petitions
and at-risk youth petitions in RCW 13.32A.191 or child in
need of services petitions in RCW 13.32A.140.
(15) If after a juvenile court assumes jurisdiction in one
county the child relocates to another county, the juvenile
court in the receiving county shall, upon the request of a
school district or parent, assume jurisdiction of the petition
filed in the previous county. [2001 c 162 § 1; 1999 c 319 § 3;
1997 c 68 § 1. Prior: 1996 c 134 § 4; 1996 c 133 § 31; 1995
c 312 § 69.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.225.055 Excused absences—Search and rescue
activities. The legislature finds that state-recognized search
and rescue activities, as defined in chapter 38.52 RCW and
the rules interpreting the chapter, are recognized as activities
28A.225.055
(2004 Ed.)
28A.225.090
deserving of excuse from school. Therefore, the legislature
strongly encourages that excused absences be granted to students for up to five days each year to participate in search and
rescue activities, subject to approval by the student's parent
and the principal of the student's school, and provided that the
activities do not cause a serious adverse effect upon the student's educational progress. [2002 c 214 § 1.]
28A.225.060
28A.225.060 Custody and disposition of child absent
from school without excuse. Any school district official,
sheriff, deputy sheriff, marshal, police officer, or any other
officer authorized to make arrests, may take into custody
without a warrant a child who is required under the provisions of RCW 28A.225.010 through 28A.225.140 to attend
school and is absent from school without an approved excuse,
and shall deliver the child to: (1) The custody of a person in
parental relation to the child; (2) the school from which the
child is absent; or (3) a program designated by the school district. [1995 c 312 § 73; 1990 c 33 s 223; 1979 ex.s. c 201 s 5;
1977 ex.s. c 291 s 52; 1969 ex.s. c 223 s 28A.27.070. Prior:
1909 c 97 p 366 s 5; RRS s 5076; prior: 1907 c 231 s 5; 1905
c 162 s 5. Formerly RCW 28A.27.070, 28.27.070.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective dates—Severability—1977 ex.s. c 291: See notes following
RCW 13.04.005.
28A.225.080
28A.225.080 Employment permits. Except as otherwise provided in this code, no child under the age of fifteen
years shall be employed for any purpose by any person, company or corporation, in this state during the hours which the
public schools of the district in which such child resides are
in session, unless the said child shall present a certificate
from a school superintendent as provided for in RCW
28A.225.010, excusing the said child from attendance in the
public schools and setting forth the reason for such excuse,
the residence and age of the child, and the time for which
such excuse is given. Every owner, superintendent, or overseer of any establishment, company or corporation shall keep
such certificate on file so long as such child is employed by
him or her. The form of said certificate shall be furnished by
the superintendent of public instruction. Proof that any child
under fifteen years of age is employed during any part of the
period in which public schools of the district are in session,
shall be deemed prima facie evidence of a violation of this
section. [1990 c 33 § 225; 1969 ex.s. c 223 § 28A.27.090.
Prior: 1909 c 97 p 365 § 2; RRS § 5073; prior: 1907 c 231 §
2; 1905 c 162 § 2; 1903 c 48 § 2. Formerly RCW 28A.27.090,
28.27.090.]
28A.225.090
28A.225.090 Court orders—Penalties—Parents'
defense. (1) A court may order a child subject to a petition
under RCW 28A.225.035 to do one or more of the following:
(a) Attend the child's current school, and set forth minimum attendance requirements, including suspensions;
(b) If there is space available and the program can provide educational services appropriate for the child, order the
child to attend another public school, an alternative education
program, center, a skill center, dropout prevention program,
or another public educational program;
[Title 28A RCW—page 63]
28A.225.095
Title 28A RCW: Common School Provisions
(c) Attend a private nonsectarian school or program
including an education center. Before ordering a child to
attend an approved or certified private nonsectarian school or
program, the court shall: (i) Consider the public and private
programs available; (ii) find that placement is in the best
interest of the child; and (iii) find that the private school or
program is willing to accept the child and will not charge any
fees in addition to those established by contract with the student's school district. If the court orders the child to enroll in
a private school or program, the child's school district shall
contract with the school or program to provide educational
services for the child. The school district shall not be required
to contract for a weekly rate that exceeds the state general
apportionment dollars calculated on a weekly basis generated
by the child and received by the district. A school district
shall not be required to enter into a contract that is longer than
the remainder of the school year. A school district shall not be
required to enter into or continue a contract if the child is no
longer enrolled in the district;
(d) Be referred to a community truancy board, if available; or
(e) Submit to testing for the use of controlled substances
or alcohol based on a determination that such testing is appropriate to the circumstances and behavior of the child and will
facilitate the child's compliance with the mandatory attendance law and, if any test ordered under this subsection indicates the use of controlled substances or alcohol, order the
minor to abstain from the unlawful consumption of controlled substances or alcohol and adhere to the recommendations of the drug assessment at no expense to the school.
(2) If the child fails to comply with the court order, the
court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to
detention such as community restitution. Failure by a child to
comply with an order issued under this subsection shall not
be subject to detention for a period greater than that permitted
pursuant to a civil contempt proceeding against a child under
chapter 13.32A RCW.
(3) Any parent violating any of the provisions of either
RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be
fined not more than twenty-five dollars for each day of unexcused absence from school. It shall be a defense for a parent
charged with violating RCW 28A.225.010 to show that he or
she exercised reasonable diligence in attempting to cause a
child in his or her custody to attend school or that the child's
school did not perform its duties as required in RCW
28A.225.020. The court may order the parent to provide community restitution instead of imposing a fine. Any fine
imposed pursuant to this section may be suspended upon the
condition that a parent charged with violating RCW
28A.225.010 shall participate with the school and the child in
a supervised plan for the child's attendance at school or upon
condition that the parent attend a conference or conferences
scheduled by a school for the purpose of analyzing the causes
of a child's absence.
(4) If a child continues to be truant after entering into a
court-approved order with the truancy board under RCW
28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to
detention, as provided in RCW 7.21.030(2)(e), or may
impose alternatives to detention such as meaningful commu[Title 28A RCW—page 64]
nity restitution. Failure by a child to comply with an order
issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW.
(5) Subsections (1), (2), and (4) of this section shall not
apply to a six or seven year-old child required to attend public
school under RCW 28A.225.015. [2002 c 175 § 29. Prior:
2000 c 162 § 15; 2000 c 162 § 6; 2000 c 61 § 1; 1999 c 319 §
4; 1998 c 296 § 39; 1997 c 68 § 2; prior: 1996 c 134 § 6; 1996
c 133 § 32; 1995 c 312 § 74; 1992 c 205 § 204; 1990 c 33 §
226; 1987 c 202 § 189; 1986 c 132 § 5; 1979 ex.s. c 201 § 6;
1969 ex.s. c 223 § 28A.27.100; prior: 1909 c 97 p 365 § 3;
RRS § 5074; prior: 1907 c 231 § 3; 1905 c 162 § 3. Formerly
RCW 28A.27.100, 28.27.100.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
Findings—Intent—1998 c 296 §§ 36-39: See note following RCW
7.21.030.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
Intent—1987 c 202: See note following RCW 2.04.190.
28A.225.095
28A.225.095 Authority of court commissioners and
family law commissioners to hear cases under this chapter. In any judicial district having a court commissioner, the
court commissioner shall have the power, authority, and
jurisdiction, concurrent with a juvenile court judge, to hear
all cases under RCW 28A.225.030, 28A.225.090, and
28A.225.035 and to enter judgment and make orders with the
same power, force, and effect as any judge of the juvenile
court, subject to motion or demand by any party within ten
days from the entry of the order or judgment by the court
commissioner as provided in RCW 2.24.050. In any judicial
district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall
have the power, authority, and jurisdiction, concurrent with a
juvenile court judge, to hear cases under RCW 28A.225.030,
28A.225.090, and 28A.225.035 and to enter judgment and
make orders with the same power, force, and effect as any
judge of the juvenile court, subject to motion or demand by
any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW
2.24.050. [1995 c 312 § 71.]
Effective dates—1995 c 312 §§ 71 and 82: "(1) Section 71 of this act
shall take effect September 1, 1995.
(2) Section 82 of this act shall take effect September 1, 1996." [1995 c
312 § 85.]
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.225.110
28A.225.110 Fines applied to support of schools.
Notwithstanding the provisions of RCW 10.82.070, fifty percent of all fines except as otherwise provided in RCW
28A.225.010 through 28A.225.140 shall be applied to the
support of the public schools in the school district where such
offense was committed: PROVIDED, That all fees, fines,
(2004 Ed.)
Compulsory School Attendance and Admission
forfeitures, and penalties collected or assessed by a district
court because of the violation of a state law shall be remitted
as provided in chapter 3.62 RCW, and fifty percent shall be
paid to the county treasurer who shall deposit such amount to
the credit of the courts in the county for the exclusive purpose
of enforcing the provisions of RCW 28A.225.010 through
28A.225.140. [1995 c 312 § 75; 1990 c 33 § 228; 1987 c 202
§ 191; 1969 ex.s. c 199 § 54; 1969 ex.s. c 223 § 28A.27.104.
Prior: 1909 c 97 p 368 § 11; RRS § 5082; prior: 1907 c 231
§ 12; 1905 c 162 § 11. Formerly RCW 28A.27.104,
28.27.104, 28.27.100, part.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1987 c 202: See note following RCW 2.04.190.
28A.225.115
28A.225.115 Educational services—Funding for children referred to community truancy board. The superintendent of public instruction, subject to available funding,
shall allocate funds to provide educational services for children who have been referred to a community truancy board or
to the courts under RCW 28A.225.030. The funds shall be
used on behalf of such children for enrollment in skill centers, education centers, alternative programs, and in other
public or private educational programs. Decisions regarding
the expenditure of the funds shall be made by the community
truancy board or the courts, whichever is applicable. The
amount of the assistance for each child shall be determined in
accordance with the omnibus appropriations act. These funds
shall be in excess of any other funds provided through RCW
28A.150.260 as basic education and other state, federal, or
local sources. [1996 c 134 § 11.]
28A.225.160
select ten school districts to submit the report at the end of the
following school year. The ten districts shall represent different areas of the state and be of varied sizes. In addition, the
superintendent of public instruction shall require any district
that fails to keep appropriate records to submit a full report to
the superintendent of public instruction under this subsection.
All school districts shall document steps taken under RCW
28A.225.020 in each student's record, and make those
records available upon request consistent with the laws governing student records;
(c) The number of enrolled students with ten or more
unexcused absences in a school year or five or more unexcused absences in a month during a school year;
(d) A description of any programs or schools developed
to serve students who have had five or more unexcused
absences in a month or ten in a year including information
about the number of students in the program or school and the
number of unexcused absences of students during and after
participation in the program. The school district shall also
describe any placements in an approved private nonsectarian
school or program or certified program under a court order
under RCW 28A.225.090; and
(e) The number of petitions filed by a school district with
the juvenile court.
(3) A report required under this section shall not disclose
the name or other identification of a child or parent.
(4) The superintendent of public instruction shall collect
these reports from all school districts and prepare an annual
report for each school year to be submitted to the legislature
no later than December 15th of each year. [1996 c 134 § 5;
1995 c 312 § 72.]
28A.225.140
28A.225.140 Enforcing officers not personally liable
for costs. No officer performing any duty under any of the
provisions of RCW 28A.225.010 through 28A.225.140, or
under the provisions of any rules that may be passed in pursuance hereof, shall in any wise become liable for any costs
that may accrue in the performance of any duty prescribed by
RCW 28A.225.010 through 28A.225.140. [1990 c 33 § 231;
1969 ex.s. c 223 § 28A.27.130. Prior: 1909 c 97 p 368 § 12;
RRS § 5083; prior: 1907 c 231 § 13; 1905 c 162 § 12. Formerly RCW 28A.27.130, 28.27.130.]
28A.225.151
28A.225.151 Reports. (1) As required under subsection (2) of this section, each school shall document the
actions taken under RCW 28A.225.030 and report this information to the school district superintendent who shall compile the data for all the schools in the district and prepare an
annual school district report for each school year and submit
the report to the superintendent of public instruction. The
reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction.
(2) The reports under subsection (1) of this section shall
include:
(a) The number of enrolled students and the number of
unexcused absences;
(b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020 at the
request of the superintendent of public instruction. Each year,
by May 1st, the superintendent of public instruction shall
(2004 Ed.)
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.225.160
28A.225.160 Qualification for admission to district's
schools—Fees for preadmission screening. Except as otherwise provided by law, it is the general policy of the state
that the common schools shall be open to the admission of all
persons who are five years of age and less than twenty-one
years residing in that school district. Except as otherwise provided by law or rules adopted by the state board of education,
districts may establish uniform entry qualifications, including
but not limited to birth date requirements, for admission to
kindergarten and first grade programs of the common
schools. Such rules may provide for exceptions based upon
the ability, or the need, or both, of an individual student. For
the purpose of complying with any rule adopted by the state
board of education which authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees to
cover expenses incurred in the administration of any preadmission screening process: PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for
waiving and reducing such fees in the cases of those persons
whose families, by reason of their low income, would have
difficulty in paying the entire amount of such fees. [1999 c
348 § 5; 1986 c 166 § 1; 1979 ex.s. c 250 § 4; 1977 ex.s. c 359
§ 14; 1969 ex.s. c 223 § 28A.58.190. Prior: 1909 c 97 p 261
§ 1, part; RRS § 4680, part; prior: 1897 c 118 § 64, part; 1890
p 371 § 44, part. Formerly RCW 28A.58.190, 28.58.190 part,
28.01.060.]
[Title 28A RCW—page 65]
28A.225.170
Title 28A RCW: Common School Provisions
Intent—1999 c 348: See note following RCW 28A.205.010.
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Basic Education Act, RCW 28A.225.160 as part of: RCW 28A.150.200.
28A.225.170
28A.225.170 Admission to schools—Children on
United States reservations—Idaho residents with Washington addresses. (1) Any child who is of school age and
otherwise eligible residing within the boundaries of any military, naval, lighthouse, or other United States reservation,
national park, or national forest or residing upon rented or
leased undeeded lands within any Indian reservation within
the state of Washington, shall be admitted to the public
school, or schools, of any contiguous district without payment of tuition: PROVIDED, That the United States authorities in charge of such reservation or park shall cooperate
fully with state, county, and school district authorities in the
enforcement of the laws of this state relating to the compulsory attendance of children of school age, and all laws relating to and regulating school attendance.
(2) Any child who is of school age and otherwise eligible, residing in a home that is located in Idaho but that has a
Washington address for the purposes of the United States
postal service, shall be admitted, without payment of tuition,
to the nearest Washington school district and shall be considered a resident student for state apportionment and all other
purposes. [2003 c 411 § 1; 1969 ex.s. c 223 § 28A.58.210.
Prior: 1945 c 141 § 10; 1933 c 28 § 10; 1925 ex.s. c 93 § 1;
Rem. Supp. 1945 § 4680-1. Formerly RCW 28A.58.210,
28.58.210, 28.27.140.]
*Reviser's note: RCW 28A.160.220 was recodified as RCW
28A.300.035 pursuant to 1994 c 113 § 2.
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
Severability—1979 ex.s. c 140: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 140 § 4.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.225.210
28A.225.210 Admission of district pupils tuition free.
Every school district shall admit on a tuition free basis all
persons of school age who reside within this state, and do not
reside within another school district carrying the grades for
which they are eligible to enroll: PROVIDED, That nothing
in this section shall be construed as affecting RCW
28A.225.220 or 28A.225.250. [1990 c 33 § 235; 1983 c 3 §
37; 1969 c 130 § 9; 1969 ex.s. c 223 § 28A.58.230. Prior:
1917 c 21 § 9; RRS § 4718. Formerly RCW 28A.58.230,
28.58.230.]
Designation of high school district nonhigh district students shall attend—
Effect when attendance otherwise: RCW 28A.540.110.
Education of children with disabilities: RCW 28A.155.050.
28A.225.215
28A.225.215 Enrollment of children without legal
residences. (1) A school district shall not require proof of
residency or any other information regarding an address for
any child who is eligible by reason of age for the services of
the school district if the child does not have a legal residence.
(2) A school district shall enroll a child without a legal
residence under subsection (1) of this section at the request of
the child or parent or guardian of the child. [1989 c 118 § 1.
Formerly RCW 28A.58.235.]
28A.225.200
28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption.
(1) A local district may be authorized by the educational service district superintendent to transport and educate its pupils
in other districts for one year, either by payment of a compensation agreed upon by such school districts, or under other
terms mutually satisfactory to the districts concerned when
this will afford better educational facilities for the pupils and
when a saving may be effected in the cost of education:
PROVIDED, That notwithstanding any other provision of
law, the amount to be paid by the state to the resident school
district for apportionment purposes and otherwise payable
pursuant to RCW 28A.150.100, 28A.150.250 through
28 A.15 0.2 90 , 2 8A.1 50 .3 50 th ro ug h 2 8A.1 50 .4 10 ,
28A.160.150 through 28A.160.200, *28A.160.220,
28A.300.170, and 28A.500.010 shall not be greater than the
regular apportionment for each high school student of the
receiving district. Such authorization may be extended for an
additional year at the discretion of the educational service
district superintendent.
(2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under
RCW 28A.340.030 which exceeds two years in duration.
[1990 c 33 § 234; 1988 c 268 § 6; 1979 ex.s. c 140 § 1; 1975
1st ex.s. c 275 § 111; 1969 ex.s. c 176 § 141; 1969 ex.s. c 223
§ 28A.58.225. Prior: 1965 ex.s. c 154 § 10. Formerly RCW
28A.58.225, 28.24.110.]
[Title 28A RCW—page 66]
28A.225.220
28A.225.220 Adults, children from other districts,
agreements for attending school—Tuition. (1) Any board
of directors may make agreements with adults choosing to
attend school, and may charge the adults reasonable tuition.
(2) A district is strongly encouraged to honor the request
of a parent or guardian for his or her child to attend a school
in another district or the request of a parent or guardian for his
or her child to transfer as a student receiving home-based
instruction.
(3) A district shall release a student to a nonresident district that agrees to accept the student if:
(a) A financial, educational, safety, or health condition
affecting the student would likely be reasonably improved as
a result of the transfer; or
(b) Attendance at the school in the nonresident district is
more accessible to the parent's place of work or to the location of child care; or
(c) There is a special hardship or detrimental condition.
(4) A district may deny the request of a resident student
to transfer to a nonresident district if the release of the student
would adversely affect the district's existing desegregation
plan.
(5) For the purpose of helping a district assess the quality
of its education program, a resident school district may
request an optional exit interview or questionnaire with the
parents or guardians of a child transferring to another district.
(2004 Ed.)
Compulsory School Attendance and Admission
No parent or guardian may be forced to attend such an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident
students enrolled under subsection (3) of this section and
RCW 28A.225.225. Reimbursement of a high school district
for cost of educating high school pupils of a nonhigh school
district shall not be deemed a transfer fee as affecting the
apportionment of current state school funds. [1995 c 335 §
602; 1995 c 52 § 2; 1993 c 336 § 1008; 1990 1st ex.s. c 9 §
201; 1969 c 130 § 10; 1969 ex.s. c 223 § 28A.58.240. Prior:
1963 c 47 § 2; prior: 1921 c 44 § 1, part; 1899 c 142 § 8, part;
RRS § 4780, part. Formerly RCW 28A.58.240, 28.58.240.]
Reviser's note: This section was amended by 1995 c 52 § 2 and by
1995 c 335 § 602, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Finding—1990 1st ex.s. c 9: "The legislature finds that academic
achievement of Washington students can and should be improved. The legislature further finds that student success depends, in large part, on increased
parental involvement in their children's education.
In order to take another step toward improving education in Washington, it is the purpose of this act to enhance the ability of parents to exercise
choice in where they prefer their children attend school; inform parents of
their options under local policies and state law for the intradistrict and interdistrict enrollment of their children; and provide additional program opportunities for secondary students." [1990 1st ex.s. c 9 § 101.]
Severability—1990 1st ex.s. c 9: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 1st ex.s. c 9 § 502.]
Education of children with disabilities: RCW 28A.155.040, 28A.155.050.
28A.225.225
28A.225.225 Applications from nonresident students
or students receiving home-based instruction to attend
district school—School employees' children—Acceptance
and rejection standards—Notification. (1) Except for students who reside out-of-state, a district shall accept applications from nonresident students who are the children of fulltime certificated and classified school employees, and those
children shall be permitted to enroll:
(a) At the school to which the employee is assigned; or
(b) At a school forming the district's K through 12 continuum which includes the school to which the employee is
assigned.
(2) A district may reject applications under this section
if:
(a) The student's disciplinary records indicate a history
of convictions for offenses or crimes, violent or disruptive
behavior, or gang membership;
(b) The student has been expelled or suspended from a
public school for more than ten consecutive days. Any policy
allowing for readmission of expelled or suspended students
under this subsection (2)(b) must apply uniformly to both resident and nonresident applicants; or
(c) Enrollment of a child under this section would displace a child who is a resident of the district, except that if a
child is admitted under subsection (1) of this section, that
(2004 Ed.)
28A.225.230
child shall be permitted to remain enrolled at that school, or
in that district's kindergarten through twelfth grade continuum, until he or she has completed his or her schooling.
(3) Except as provided in subsection (1) of this section,
all districts accepting applications from nonresident students
or from students receiving home-based instruction for admission to the district's schools shall consider equally all applications received. Each school district shall adopt a policy
establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The
policy may include rejection of a nonresident student if:
(a) Acceptance of a nonresident student would result in
the district experiencing a financial hardship;
(b) The student's disciplinary records indicate a history
of convictions for offenses or crimes, violent or disruptive
behavior, or gang membership; or
(c) The student has been expelled or suspended from a
public school for more than ten consecutive days. Any policy
allowing for readmission of expelled or suspended students
under this subsection (3)(c) must apply uniformly to both resident and nonresident applicants.
For purposes of subsections (2)(a) and (3)(b) of this section, "gang" means a group which: (i) Consists of three or
more persons; (ii) has identifiable leadership; and (iii) on an
ongoing basis, regularly conspires and acts in concert mainly
for criminal purposes.
(4) The district shall provide to applicants written notification of the approval or denial of the application in a timely
manner. If the application is rejected, the notification shall
include the reason or reasons for denial and the right to
appeal under RCW 28A.225.230(3). [2003 c 36 § 1; 1999 c
198 § 2; 1997 c 265 § 3; 1995 c 52 § 3; 1994 c 293 § 1; 1990
1st ex.s. c 9 § 203.]
Severability—1997 c 265: See note following RCW 13.40.160.
Captions, headings not law—1990 1st ex.s. c 9: "Part headings and
section headings do not constitute any part of the law." [1990 1st ex.s. c 9 §
501.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.225.230
28A.225.230 Appeal from certain decisions to deny
student's request to attend nonresident district—Procedure. (1) The decision of a school district within which a student under the age of twenty-one years resides or of a school
district within which such a student under the age of twentyone years was last enrolled and is considered to be a resident
for attendance purposes by operation of law, to deny such
student's request for release to a nonresident school district
pursuant to RCW 28A.225.220 may be appealed to the superintendent of public instruction or his or her designee: PROVIDED, That the school district of proposed transfer is willing to accept the student.
(2) The superintendent of public instruction or his or her
designee shall hear the appeal and examine the evidence. The
superintendent of public instruction may order the resident
district to release such a student who is under the age of
twenty-one years if the requirements of RCW 28A.225.220
have been met. The decision of the superintendent of public
instruction may be appealed to superior court pursuant to
chapter 34.05 RCW, the administrative procedure act, as now
or hereafter amended.
[Title 28A RCW—page 67]
28A.225.240
Title 28A RCW: Common School Provisions
(3) The decision of a school district to deny the request
for accepting the transfer of a nonresident student under
RCW 28A.225.225 may be appealed to the superintendent of
public instruction or his or her designee. The superintendent
or his or her designee shall hear the appeal and examine the
evidence. The superintendent of public instruction may order
the district to accept the nonresident student if the district did
not comply with the standards and procedures adopted under
RCW 28A.225.225. The decision of the superintendent of
public instruction may be appealed to the superior court
under chapter 34.05 RCW. [1990 1st ex.s. c 9 § 204; 1990 c
33 § 236; 1977 c 50 § 1; 1975 1st ex.s. c 66 § 1. Formerly
RCW 28A.58.242.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Severability—1975 1st ex.s. c 66: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1975 1st ex.s. c 66 § 4.]
Designation of high school district nonhigh district students shall attend—
Effect when attendance otherwise: RCW 28A.540.110.
28A.225.240
28A.225.240 Apportionment credit. If a student under
the age of twenty-one years is allowed to enroll in any common school outside the school district within which the student resides or a school district of which the student is considered to be a resident for attendance purposes by operation
of law, the student's attendance shall be credited to the nonresident school district of enrollment for state apportionment
and all other purposes. [1975 1st ex.s. c 66 § 2. Formerly
RCW 28A.58.243.]
Severability—1975 1st ex.s. c 66: See note following RCW
28A.225.230.
28A.225.250
28A.225.250 Cooperative programs among school
districts—Rules. (1) The state superintendent of public
instruction is directed and authorized to develop and adopt
rules governing cooperative programs between and among
school districts and educational service districts that the
superintendent deems necessary to assure:
(a) Correct calculation of state apportionment payments;
(b) Proper budgeting and accounting for interdistrict
cooperative program revenues and expenditures;
(c) Reporting of student, personnel, and fiscal data to
meet state needs; and
(d) Protection of the right of residents of Washington
under twenty-one years of age to a tuition-free program of
basic education.
(2) Unless specifically authorized in law, interdistrict
cooperative programs shall not be designed to systematically
increase state allocation above amounts required if services
were provided by the resident school district. [1995 c 335 §
603; 1969 c 130 § 11. Formerly RCW 28A.58.243.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Education of children with disabilities: RCW 28A.155.040, 28A.155.050.
28A.225.260
28A.225.260 Reciprocity exchanges with other states.
If the laws of another state permit its school districts to
extend similar privileges to pupils resident in this state, the
board of directors of any school district contiguous to a
[Title 28A RCW—page 68]
school district in such other state may make agreements with
the officers of the school district of that state for the attendance of any pupils resident therein upon the payment of
tuition.
If a district accepts out-of-state pupils whose resident
district is contiguous to a Washington school district, such
district shall charge and collect the cost for educating such
pupils and shall not include such out-of-state pupils in the
computation of the district's share of state and/or county
funds.
The board of directors of any school district which is
contiguous to a school district in another state may make
agreements for and pay tuition for any children of their district desiring to attend school in the contiguous district of the
other state. The tuition to be paid for the attendance of resident pupils in an out-of-state school as provided in this section shall be no greater than the cost of educating such elementary or secondary pupils, as the case may be, in the outof-state educating district. [1969 ex.s. c 223 § 28A.58.250.
Prior: 1963 c 47 § 3; prior: 1921 c 44 § 1, part; 1899 c 142 §
8, part; RRS § 4780, part. Formerly RCW 28A.58.250,
28.58.250.]
Education of children with disabilities: RCW 28A.155.040.
28A.225.270
28A.225.270 Intradistrict enrollment options policies. (1) Each school district in the state shall adopt and
implement a policy allowing intradistrict enrollment options
no later than June 30, 1990. Each district shall establish its
own policy establishing standards on how the intradistrict
enrollment options will be implemented.
(2) A district shall permit the children of full-time certificated and classified school employees to enroll at:
(a) The school to which the employee is assigned; or
(b) A school forming the district's K through 12 continuum which includes the school to which the employee is
assigned.
(3) For the purposes of this section, "full-time employees" means employees who are employed for the full number
of hours and days for their job description. [2003 c 36 § 2;
1990 1st ex.s. c 9 § 205.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.225.280
28A.225.280 Transfer students' eligibility for extracurricular activities. Eligibility of transfer students under
RCW 28A.225.220 and 28A.225.225 for participation in
extracurricular activities shall be subject to rules adopted by
the Washington interscholastic activities association as
authorized by the state board of education. [1990 1st ex.s. c
9 § 206.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.225.290
28A.225.290 Enrollment options information booklet. (1) The superintendent of public instruction shall prepare
and annually distribute an information booklet outlining parents' and guardians' enrollment options for their children.
(2004 Ed.)
Compulsory Course Work and Activities
(2) Before the 1991-92 school year, the booklet shall be
distributed to all school districts by the office of the superintendent of public instruction. School districts shall have a
copy of the information booklet available for public inspection at each school in the district, at the district office, and in
public libraries.
(3) The booklet shall include:
(a) Information about enrollment options and program
opportunities, including but not limited to programs in RCW
28 A.22 5.2 20 , 2 8A.1 85 .0 40 , 28 A.2 2 5. 20 0 th r ou gh
28 A.22 5.2 15 , 2 8A.2 25 .2 30 th ro ug h 2 8A.2 25 .2 50 ,
*28A.175.090, 28A.340.010 through 28A.340.070 (small
high school cooperative projects), and 28A.335.160.
(b) Information about the running start - community college or vocational-technical institute choice program under
RCW 28A.600.300 through **28A.600.395; and
(c) Information about the seventh and eighth grade
choice program under RCW 28A.230.090. [1990 1st ex.s. c
9 § 207.]
Reviser's note: *(1) RCW 28A.175.090 expired December 31, 1994.
**(2) RCW 28A.600.395 was repealed by 1994 c 205 § 12.
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.225.300
28A.225.300 Enrollment options information to parents. Each school district board of directors annually shall
inform parents of the district's intradistrict and interdistrict
enrollment options and parental involvement opportunities.
Information on intradistrict enrollment options and interdistrict acceptance policies shall be provided to nonresidents on
request. [1990 1st ex.s. c 9 § 208.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.225.310
28A.225.310 Attendance in school district of
choice—Impact on existing cooperative arrangements.
Any school district board of directors may make arrangements with the board of directors of other districts for children to attend the school district of choice. Nothing under
RCW 28A.225.220 and 28A.225.225 is intended to adversely
affect agreements between school districts in effect on April
11, 1990. [1990 1st ex.s. c 9 § 209.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.225.330
28A.225.330 Enrolling students from other districts—Requests for information and permanent
records—Withheld transcripts, effect—Immunity from
liability—Notification to teachers and security personnel—Rules. (1) When enrolling a student who has attended
school in another school district, the school enrolling the student may request the parent and the student to briefly indicate
in writing whether or not the student has:
(a) Any history of placement in special educational programs;
(2004 Ed.)
Chapter 28A.230
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent behavior, or behavior listed in
RCW 13.04.155;
(d) Any unpaid fines or fees imposed by other schools;
and
(e) Any health conditions affecting the student's educational needs.
(2) The school enrolling the student shall request the
school the student previously attended to send the student's
permanent record including records of disciplinary action,
history of violent behavior or behavior listed in RCW
13.04.155, attendance, immunization records, and academic
performance. If the student has not paid a fine or fee under
RCW 28A.635.060, or tuition, fees, or fines at approved private schools the school may withhold the student's official
transcript, but shall transmit information about the student's
academic performance, special placement, immunization
records, records of disciplinary action, and history of violent
behavior or behavior listed in RCW 13.04.155. If the official
transcript is not sent due to unpaid tuition, fees, or fines, the
enrolling school shall notify both the student and parent or
guardian that the official transcript will not be sent until the
obligation is met, and failure to have an official transcript
may result in exclusion from extracurricular activities or failure to graduate.
(3) If information is requested under subsection (2) of
this section, the information shall be transmitted within two
school days after receiving the request and the records shall
be sent as soon as possible. Any school district or district
employee who releases the information in compliance with
this section is immune from civil liability for damages unless
it is shown that the school district employee acted with gross
negligence or in bad faith. The state board of education shall
provide by rule for the discipline under chapter 28A.410
RCW of a school principal or other chief administrator of a
public school building who fails to make a good faith effort to
assure compliance with this subsection.
(4) Any school district or district employee who releases
the information in compliance with federal and state law is
immune from civil liability for damages unless it is shown
that the school district or district employee acted with gross
negligence or in bad faith.
(5) When a school receives information under this section or RCW 13.40.215 that a student has a history of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of
educational staff or other students, the school shall provide
this information to the student's teachers and security personnel. [1999 c 198 § 3; 1997 c 266 § 4. Prior: 1995 c 324 § 2;
1995 c 311 § 25; 1994 c 304 § 2.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Effective date—1994 c 304: See note following RCW 28A.635.060.
Chapter 28A.230 RCW
COMPULSORY COURSE WORK AND ACTIVITIES
Chapter 28A.230
Sections
28A.230.010
28A.230.020
Course content requirements—Duties of school district
boards of directors.
Common school curriculum—Fundamentals in conduct.
[Title 28A RCW—page 69]
28A.230.010
28A.230.030
28A.230.040
28A.230.050
28A.230.060
28A.230.070
28A.230.080
28A.230.090
28A.230.095
28A.230.100
28A.230.120
28A.230.130
28A.230.140
28A.230.150
28A.230.160
28A.230.170
28A.230.180
28A.230.190
28A.230.193
28A.230.195
28A.230.230
28A.230.250
28A.230.260
Title 28A RCW: Common School Provisions
Students taught in English language—Exception.
Physical education in grades one through eight.
Physical education in high schools.
Waiver of course of study in Washington's history and
government.
AIDS education in public schools—Limitations—Program adoption—Model curricula—Student's exclusion from participation.
Prevention of child abuse and neglect—Written policy—
Participation in and establishment of programs.
High school graduation requirements or equivalencies—
Reevaluation and report by state board of education—
Credit for courses taken before attending high
school—Postsecondary credit equivalencies.
Essential academic learning requirements and assessments.
Rules implementing RCW 28A.230.090 to be adopted—
Temporary exemptions—Special alterations—Competency testing.
High school diplomas—Issuance—Option to receive final
transcripts—Notice.
Program to help students meet minimum entrance requirements at baccalaureate-granting institutions or to pursue career or other opportunities—Exceptions.
United States flag—Procurement, display, exercises—
National anthem.
Temperance and Good Citizenship Day—Aids in programming.
Educational activities in observance of Veterans' Day.
Study of constitutions compulsory—Rules to implement.
Educational and career opportunities in the military, student access to information on, when.
Third grade achievement test.
Sixth grade achievement test.
Test or assessment scores—Adjustments to instructional
practices—Notification to parents.
Annual assessment of ninth grade students—Inventory for
high school and beyond for use by eighth grade students.
Coordination of procedures and content of assessments.
Annual report to the legislature.
AIDS prevention education: Chapter 70.24 RCW.
28A.230.010 Course content requirements—Duties
of school district boards of directors. School district
boards of directors shall identify and offer courses with content that meet or exceed: (1) The basic education skills identified in RCW 28A.150.210; (2) the graduation requirements
under RCW 28A.230.090; (3) the courses required to meet
the minimum college entrance requirements under RCW
28A.230.130; and (4) the course options for career development under RCW 28A.230.130. Such courses may be
applied or theoretical, academic, or vocational. [2003 c 49 §
1; 1990 c 33 § 237; 1984 c 278 § 2. Formerly RCW
28A.05.005.]
28A.230.010
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.230.020 Common school curriculum—Fundamentals in conduct. All common schools shall give instruction in reading, penmanship, orthography, written and mental
arithmetic, geography, the history of the United States,
English grammar, physiology and hygiene with special reference to the effects of alcohol and drug abuse on the human
system, science with special reference to the environment,
and such other studies as may be prescribed by rule or regulation of the state board of education. All teachers shall stress
the importance of the cultivation of manners, the fundamental
principles of honesty, honor, industry and economy, the minimum requisites for good health including the beneficial
effect of physical exercise and methods to prevent exposure
to and transmission of sexually transmitted diseases, and the
worth of kindness to all living creatures and the land. The
28A.230.020
[Title 28A RCW—page 70]
prevention of child abuse may be offered as part of the curriculum in the common schools. [1991 c 116 § 6; 1988 c 206 §
403; 1987 c 232 § 1; 1986 c 149 § 4; 1969 c 71 § 3; 1969 ex.s.
c 223 § 28A.05.010. Prior: 1909 p 262 § 2; RRS § 4681;
prior: 1897 c 118 § 65; 1895 c 5 § 1; 1890 p 372 § 45; 1886
p 19 § 52. Formerly RCW 28A.05.010, 28.05.010, and
28.05.020.]
Effective date—1988 c 206 §§ 402, 403: See note following RCW
28A.230.070.
Severability—1988 c 206: See RCW 70.24.900.
Child abuse and neglect—Development of primary prevention program:
RCW 28A.300.160.
Districts to develop programs and establish programs regarding child abuse
and neglect prevention: RCW 28A.230.080.
28A.230.030
28A.230.030 Students taught in English language—
Exception. All students in the common schools of the state
of Washington shall be taught in the English language: PROVIDED, That nothing in this section shall preclude the teaching of students in a language other than English when such
instruction will aid the educational advancement of the student. [1969 c 71 § 4. Formerly RCW 28A.05.015.]
28A.230.040
28A.230.040 Physical education in grades one
through eight. Every pupil attending grades one through
eight of the public schools shall receive instruction in physical education as prescribed by rule or regulation of the state
board of education: PROVIDED, That individual pupils or
students may be excused on account of physical disability,
religious belief or participation in directed athletics. [1984 c
52 § 1; 1969 ex.s. c 223 § 28A.05.030. Prior: 1919 c 89 § 1;
RRS § 4682. Formerly RCW 28A.05.030, 28.05.030.]
28A.230.050
28A.230.050 Physical education in high schools. All
high schools of the state shall emphasize the work of physical
education, and carry into effect all physical education
requirements established by rule or regulation of the state
board of education: PROVIDED, That individual students
may be excused from participating in physical education otherwise required under this section on account of physical disability, employment or religious belief, or because of participation in directed athletics or military science and tactics or
for other good cause. [1985 c 384 § 3; 1984 c 52 § 2; 1969
ex.s. c 223 § 28A.05.040. Prior: 1963 c 235 § 1, part; prior:
(i) 1923 c 78 § 1, part; 1919 c 89 § 2, part; RRS § 4683, part.
(ii) 1919 c 89 § 5, part; RRS § 4686, part. Formerly RCW
28A.05.040, 28.05.040, part.]
28A.230.060
28A.230.060 Waiver of course of study in Washington's history and government. Students in the twelfth grade
who have not completed a course of study in Washington's
history and state government because of previous residence
outside the state may have the requirement in RCW
28A.230.090 waived by their principal. [1991 c 116 § 7;
1969 ex.s. c 57 § 2; 1969 ex.s. c 223 § 28A.05.050. Prior:
1967 c 64 § 1, part; 1963 c 31 § 1, part; 1961 c 47 § 2, part;
1941 c 203 § 1, part; Rem. Supp. 1941 § 4898-3, part. Formerly RCW 28A.05.050, 28.05.050.]
(2004 Ed.)
Compulsory Course Work and Activities
28A.230.070
28A.230.070 AIDS education in public schools—
Limitations—Program adoption—Model curricula—
Student's exclusion from participation. (1) The life-threatening dangers of acquired immunodeficiency syndrome
(AIDS) and its prevention shall be taught in the public
schools of this state. AIDS prevention education shall be limited to the discussion of the life-threatening dangers of the
disease, its spread, and prevention. Students shall receive
such education at least once each school year beginning no
later than the fifth grade.
(2) Each district board of directors shall adopt an AIDS
prevention education program which is developed in consultation with teachers, administrators, parents, and other community members including, but not limited to, persons from
medical, public health, and mental health organizations and
agencies so long as the curricula and materials developed for
use in the AIDS education program either (a) are the model
curricula and resources under subsection (3) of this section,
or (b) are developed by the school district and approved for
medical accuracy by the office on AIDS established in RCW
70.24.250. If a district elects to use curricula developed by
the school district, the district shall submit to the office on
AIDS a copy of its curricula and an affidavit of medical accuracy stating that the material in the district-developed curricula has been compared to the model curricula for medical
accuracy and that in the opinion of the district the districtdeveloped materials are medically accurate. Upon submission of the affidavit and curricula, the district may use these
materials until the approval procedure to be conducted by the
office of AIDS has been completed.
(3) Model curricula and other resources available from
the superintendent of public instruction may be reviewed by
the school district board of directors, in addition to materials
designed locally, in developing the district's AIDS education
program. The model curricula shall be reviewed for medical
accuracy by the office on AIDS established in RCW
70.24.250 within the department of social and health services.
(4) Each school district shall, at least one month before
teaching AIDS prevention education in any classroom, conduct at least one presentation during weekend and evening
hours for the parents and guardians of students concerning
the curricula and materials that will be used for such education. The parents and guardians shall be notified by the
school district of the presentation and that the curricula and
materials are available for inspection. No student may be
required to participate in AIDS prevention education if the
student's parent or guardian, having attended one of the district presentations, objects in writing to the participation.
(5) The office of the superintendent of public instruction
with the assistance of the office on AIDS shall update AIDS
education curriculum material as newly discovered medical
facts make it necessary.
(6) The curriculum for AIDS prevention education shall
be designed to teach students which behaviors place a person
dangerously at risk of infection with the human immunodeficiency virus (HIV) and methods to avoid such risk including,
at least:
(a) The dangers of drug abuse, especially that involving
the use of hypodermic needles; and
(2004 Ed.)
28A.230.090
(b) The dangers of sexual intercourse, with or without
condoms.
(7) The program of AIDS prevention education shall
stress the life-threatening dangers of contracting AIDS and
shall stress that abstinence from sexual activity is the only
certain means for the prevention of the spread or contraction
of the AIDS virus through sexual contact. It shall also teach
that condoms and other artificial means of birth control are
not a certain means of preventing the spread of the AIDS
virus and reliance on condoms puts a person at risk for exposure to the disease. [1994 c 245 § 7; 1988 c 206 § 402. Formerly RCW 28A.05.055.]
Effective date—1988 c 206 §§ 402 and 403: "Sections 402 and 403 of
this act shall take effect July 1, 1988." [1988 c 206 § 404.]
Severability—1988 c 206: See RCW 70.24.900.
28A.230.080
28A.230.080 Prevention of child abuse and neglect—
Written policy—Participation in and establishment of
programs. (1) Every school district board of directors shall
develop a written policy regarding the district's role and
responsibility relating to the prevention of child abuse and
neglect.
(2) Every school district shall, within the resources available to it: (a) Participate in the primary prevention program
established under RCW 28A.300.160; (b) develop and implement its own child abuse and neglect education and prevention program; or (c) continue with an existing local child
abuse and neglect education and prevention program. [1990
c 33 § 238; 1987 c 489 § 6. Formerly RCW 28A.58.255.]
Intent—1987 c 489: See note following RCW 28A.300.150.
28A.230.090
28A.230.090 High school graduation requirements
or equivalencies—Reevaluation and report by state
board of education—Credit for courses taken before
attending high school—Postsecondary credit equivalencies. (1) The state board of education shall establish high
school graduation requirements or equivalencies for students.
(a) Any course in Washington state history and government used to fulfill high school graduation requirements is
encouraged to include information on the culture, history,
and government of the American Indian peoples who were
the first inhabitants of the state.
(b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are
required for graduation from a public high school but are not
the only requirements for graduation.
(c) Any decision on whether a student has met the state
board's high school graduation requirements for a high school
and beyond plan shall remain at the local level.
(2) In recognition of the statutory authority of the state
board of education to establish and enforce minimum high
school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report
such findings to the legislature in a timely manner as determined by the state board.
(3) Pursuant to any requirement for instruction in languages other than English established by the state board of
education or a local school district, or both, for purposes of
high school graduation, students who receive instruction in
[Title 28A RCW—page 71]
28A.230.095
Title 28A RCW: Common School Provisions
American sign language or one or more American Indian languages shall be considered to have satisfied the state or local
school district graduation requirement for instruction in one
or more languages other than English.
(4) If requested by the student and his or her family, a
student who has completed high school courses before
attending high school shall be given high school credit which
shall be applied to fulfilling high school graduation requirements if:
(a) The course was taken with high school students, if the
academic level of the course exceeds the requirements for
seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and
examinations as the high school students enrolled in the
class; or
(b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course
would qualify for high school credit, because the course is
similar or equivalent to a course offered at a high school in
the district as determined by the school district board of
directors.
(5) Students who have taken and successfully completed
high school courses under the circumstances in subsection (4)
of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.
(6) At the college or university level, five quarter or three
semester hours equals one high school credit. [2004 c 19 §
103; 1997 c 222 § 2; 1993 c 371 § 3. Prior: 1992 c 141 § 402;
1992 c 60 § 1; 1990 1st ex.s. c 9 § 301; 1988 c 172 § 1; 1985
c 384 § 2; 1984 c 278 § 6. Formerly RCW 28A.05.060.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
Intent—1997 c 222: "In 1994, the legislature directed the higher education board and the state board of education to convene a task force to
examine and provide recommendations on establishing credit equivalencies.
In November 1994, the task force recommended unanimously that the state
board of education maintain the definition of five quarter or three semester
college credits as equivalent to one high school credit. Therefore, the legislature intends to adopt the recommendations of the task force." [1997 c 222
§ 1.]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Severability—1984 c 278: See note following RCW 28A.320.220.
28A.230.095
28A.230.095 Essential academic learning requirements and assessments. By the end of the 2008-09 school
year, school districts shall have in place in elementary
schools, middle schools, and high schools assessments or
other strategies to assure that students have an opportunity to
learn the essential academic learning requirements in social
studies, the arts, and health and fitness. Beginning with the
2008-09 school year, school districts shall annually submit an
implementation verification report to the office of the superintendent of public instruction. [2004 c 19 § 203.]
ations—Competency testing. The state board of education
shall adopt rules pursuant to chapter 34.05 RCW, to implement the course requirements set forth in RCW 28A.230.090.
The rules shall include, as the state board deems necessary,
granting equivalencies for and temporary exemptions from
the course requirements in RCW 28A.230.090 and special
alterations of the course requirements in RCW 28A.230.090.
In developing such rules the state board shall recognize the
relevance of vocational and applied courses and allow such
courses to fulfill in whole or in part the courses required for
graduation in RCW 28A.230.090. The rules may include provisions for competency testing in lieu of such courses
required for graduation in RCW 28A.230.090 or demonstration of specific skill proficiency or understanding of concepts
through work or experience. [1991 c 116 § 8; 1990 c 33 §
239; 1985 c 384 § 1. Formerly RCW 28A.05.062.]
28A.230.120
28A.230.120 High school diplomas—Issuance—
Option to receive final transcripts—Notice. (1) School
districts shall issue diplomas to students signifying graduation from high school upon the students' satisfactory completion of all local and state graduation requirements. Districts
shall grant students the option of receiving a final transcript
in addition to the regular diploma.
(2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the
transcript option and shall direct students to indicate their
decisions in a timely manner. School districts shall make
appropriate provisions to assure that students who choose to
receive a copy of their final transcript shall receive such transcript after graduation.
(3)(a) A school district may issue a high school diploma
to a person who:
(i) Is an honorably discharged member of the armed
forces of the United States;
(ii) Was scheduled to graduate from high school in the
years 1940 through 1955; and
(iii) Left high school before graduation to serve in World
War II or the Korean conflict.
(b) A school district may issue a diploma to or on behalf
of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school
equivalency certification or is deceased.
(c) The superintendent of public instruction shall adopt a
form for a diploma application to be used by a veteran or a
person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall
specify what constitutes acceptable evidence of eligibility for
a diploma. [2003 c 234 § 1; 2002 c 35 § 1; 1984 c 178 § 2.
Formerly RCW 28A.58.108.]
Effective date—2003 c 234: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 12, 2003]." [2003 c 234 § 2.]
High school transcripts: RCW 28A.305.220.
28A.230.130
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
28A.230.100
28A.230.100 Rules implementing RCW 28A.230.090
to be adopted—Temporary exemptions—Special alter[Title 28A RCW—page 72]
28A.230.130 Program to help students meet minimum entrance requirements at baccalaureate-granting
institutions or to pursue career or other opportunities—
Exceptions. (1) All public high schools of the state shall provide a program, directly or in cooperation with a community
(2004 Ed.)
Compulsory Course Work and Activities
college or another school district, for students whose educational plans include application for entrance to a baccalaureate-granting institution after being granted a high school
diploma. The program shall help these students to meet at
least the minimum entrance requirements under RCW
28B.10.050.
(2) All public high schools of the state shall provide a
program, directly or in cooperation with a community or
technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue
career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school
diploma. These programs may:
(a) Help students demonstrate the application of essential academic learning requirements to the world of work,
occupation-specific skills, knowledge of more than one
career in a chosen pathway, and employability and leadership
skills; and
(b) Help students demonstrate the knowledge and skill
needed to prepare for industry certification, and/or have the
opportunity to articulate to postsecondary education and
training programs.
(3) The state board of education, upon request from local
school districts, may grant waivers from the requirements to
provide the program described in subsections (1) and (2) of
this section for reasons relating to school district size and the
availability of staff authorized to teach subjects which must
be provided. In considering waiver requests related to programs in subsection (2) of this section, the state board of education shall consider the extent to which the school district
has offered such programs before the 2003-04 school year.
[2003 c 49 § 2; 1991 c 116 § 9; 1988 c 172 § 2; 1984 c 278 §
16. Formerly RCW 28A.05.070.]
Effective date—1984 c 278: "Sections 16, 18, and 19 of this act shall
take effect July 1, 1986." [1984 c 278 § 23.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.230.140
28A.230.140 United States flag—Procurement, display, exercises—National anthem. The board of directors
of every school district shall cause a United States flag being
in good condition to be displayed during school hours upon
or near every public school plant, except during inclement
weather. They shall cause appropriate flag exercises to be
held in each classroom at the beginning of the school day, and
in every school at the opening of all school assemblies, at
which exercises those pupils so desiring shall recite the following salute to the flag: "I pledge allegiance to the flag of
the United States of America and to the republic for which it
stands, one nation under God, indivisible, with liberty and
justice for all". Students not reciting the pledge shall maintain
a respectful silence. The salute to the flag or the national
anthem shall be rendered immediately preceding interschool
events when feasible. [1981 c 130 § 1; 1969 ex.s. c 223 §
28A.02.030. Prior: (i) 1961 c 238 § 1; 1955 c 8 § 1; 1919 c
90 § 4; 1915 c 71 § 1; 1909 c 97 p 286 § 3; 1897 c 118 § 180;
RRS § 4777. Formerly RCW 28.02.030. (ii) 1955 c 8 § 2;
1919 c 90 § 5; RRS § 4778. Formerly RCW 28A.02.030,
28.87.180.]
Display of national and state flags: RCW 1.20.015.
(2004 Ed.)
28A.230.170
28A.230.150
28A.230.150 Temperance and Good Citizenship
Day—Aids in programming. On January 16th of each year
or the preceding Friday when January 16th falls on a nonschool day, there shall be observed within each public school
"Temperance and Good Citizenship Day". Annually the state
superintendent of public instruction shall duly prepare and
publish for circulation among the teachers of the state a program for use on such day embodying topics pertinent thereto
and may from year to year designate particular laws for special observance. [1969 ex.s. c 223 § 28A.02.090. Prior: (i)
1923 c 76 § 1; RRS § 4901-1. (ii) 1923 c 76 § 2; RRS §
4901-2. Formerly RCW 28A.02.090, 28.02.090, and
28.02.095.]
28A.230.160
28A.230.160 Educational activities in observance of
Veterans' Day. During the school week preceding the eleventh day of November of each year, there shall be presented
in each common school as defined in RCW 28A.150.020
educational activities suitable to the observance of Veterans'
Day.
The responsibility for the preparation and presentation of
the activities approximating at least sixty minutes total
throughout the week shall be with the principal or head
teacher of each school building and such program shall
embrace topics tending to instill a loyalty and devotion to the
institutions and laws of this state and nation.
The superintendent of public instruction and each educational service district superintendent, by advice and suggestion, shall aid in the preparation of these activities if such aid
be solicited. [1990 c 33 § 241; 1985 c 60 § 1; 1977 ex.s. c 120
§ 2; 1975 1st ex.s. c 275 § 45; 1970 ex.s. c 15 § 12. Prior:
1969 ex.s. c 283 § 24; 1969 ex.s. c 176 § 101; 1969 ex.s. c
223 § 28A.02.070; prior: 1955 c 20 § 3; prior: (i) 1939 c 21
§ 1; 1921 c 56 § 1; RRS § 4899. (ii) 1921 c 56 § 2; RRS §
4900. (iii) 1921 c 56 § 3; RRS § 4901. Formerly RCW
28A.02.070, 28.02.070.]
Severability—1977 ex.s. c 120: See note following RCW 4.28.080.
Severability—1970 ex.s. c 15: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1970 ex.s. c 15 § 32.]
Effective date—1970 ex.s. c 15 § 12: "Notwithstanding any other provision of this 1970 amendatory act, the provisions of section 12 hereof shall
not take effect until January 1, 1971 and only if at such time or thereafter
chapter 223, Laws of 1969 ex. sess. is effective." [1970 ex.s. c 15 § 13.]
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.230.170
28A.230.170 Study of constitutions compulsory—
Rules to implement. The study of the Constitution of the
United States and the Constitution of the state of Washington
shall be a condition prerequisite to graduation from the public
and private high schools of this state. The state board of education acting upon the advice of the superintendent of public
instruction shall provide by rule or regulation for the implementation of this section. [1985 c 341 § 1; 1969 ex.s. c 223 §
28A.02.080. Prior: (i) 1925 ex.s. c 134 § 1; RRS § 4898-1.
(ii) 1925 ex.s. c 134 § 2; RRS § 4898-2. Formerly RCW
28A.02.080, 28.02.080, and 28.02.081.]
[Title 28A RCW—page 73]
28A.230.180
Title 28A RCW: Common School Provisions
28A.230.180
28A.230.180 Educational and career opportunities in
the military, student access to information on, when. If
the board of directors of a school district provides access to
the campus and the student information directory to persons
or groups which make students aware of occupational or educational options, the board shall provide access on the same
basis to official recruiting representatives of the military
forces of the state and the United States for the purpose of
informing students of educational and career opportunities
available in the military. [1980 c 96 § 1. Formerly RCW
28A.58.535.]
28A.230.190
28A.230.190 Third grade achievement test. (1)
School districts shall assess students for second grade reading
accuracy and fluency skills starting in the 1998-99 school
year as provided in RCW 28A.300.320.
(2) The superintendent of public instruction shall prepare
and conduct, with the assistance of school districts, a normreferenced standardized achievement test to be given annually to all pupils in grade three. The test shall assess students'
basic skills in reading and mathematics. Results of such tests
and relevant student, school, and district characteristics shall
be compiled annually by the superintendent of public instruction, who shall make those results available annually to the
public, to the legislature, to all local school districts, and subsequently to parents of those children tested. The results shall
allow parents to ascertain the achievement levels of their
children as compared with the other students within the district, the state, and the nation. [1999 c 373 § 201; 1998 c 319
§ 202; 1997 c 262 § 5; 1990 c 101 § 6; 1985 c 403 § 1; 1984
c 278 § 8; 1975-'76 2nd ex.s. c 98 § 1. Formerly RCW
28A.03.360.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
Part headings not law—1998 c 319: See note following RCW
28A.300.320.
Intent—1997 c 262: See note following RCW 28A.300.310.
Contingency—Effective date—1985 c 403: "If specific funding for
the purposes of this act, referencing this act by bill number, is not provided
by the legislature by July 1, 1987, the amendment to RCW 28A.03.360 by
section 1 of this act shall be null and void. This act shall be of no effect until
such specific funding is provided. If such funding is so provided, this act
shall take effect when the legislation providing the funding takes effect."
[1985 c 403 § 2.]
Reviser's note: (1) 1985 ex.s. c 6 § 501 provides specific funding for
the purposes of this act.
(2) 1985 ex.s. c 6 took effect June 27, 1985.
Severability—1984 c 278: See note following RCW 28A.185.010.
Implementation—Funding required—1984 c 278: "Implementation
of sections 5, 11, and 21 of this act and the amendment to RCW 28A.03.360
by section 8 of this act are each subject to funds being appropriated or available for such purpose or purposes." [1984 c 278 § 22.]
Effective date—1975-'76 2nd ex.s. c 98: "This 1976 amendatory act
shall take effect on July 1, 1976." [1975-'76 2nd ex.s. c 98 § 3.]
28A.230.193
28A.230.193 Sixth grade achievement test. The
superintendent of public instruction shall prepare and conduct, with the assistance of school districts, a norm-referenced standardized achievement test to be given annually to
all pupils in grade six. The test shall assess students' basic
skills in reading/language arts and mathematics. Results of
such tests and relevant student, school, and district characteristics shall be compiled by the superintendent of public
[Title 28A RCW—page 74]
instruction, who shall make those results available annually
to the public, to the legislature, to all local school districts,
and subsequently to parents of those children tested. The
results shall allow parents to ascertain the achievement levels
of their children as compared with the other students within
the district, the state, and the nation. [1999 c 373 § 301.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
28A.230.195
28A.230.195 Test or assessment scores—Adjustments to instructional practices—Notification to parents.
(1) If students' scores on the test or assessments under RCW
28A.230.190, 28A.230.230, and *28A.630.885 indicate that
students need help in identified areas, the school district shall
evaluate its instructional practices and make appropriate
adjustments.
(2) Each school district shall notify the parents of each
student of their child's performance on the test and assessments conducted under this chapter. [1999 c 373 § 603; 1992
c 141 § 401.]
*Reviser's note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206.
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
28A.230.230
28A.230.230 Annual assessment of ninth grade students—Inventory for high school and beyond for use by
eighth grade students. (1) The superintendent of public
instruction shall prepare and conduct, with the assistance of
school districts, an annual assessment of all students in the
ninth grade. The purposes of the assessment are to assist students, parents, and teachers in the planning and selection of
appropriate high school courses for students and to provide
information about students' current academic proficiencies
both in the basic skills of reading/language arts and mathematics, and in the reasoning and thinking skills essential for
successful entry into those courses required for high school
graduation. The assessment shall also include the collection
of information about students' interests and plans for high
school and beyond and shall include the collection of other
related student and school information. The superintendent of
public instruction shall make the results of the assessment
and relevant student, school, and district characteristics available annually to the public, to the legislature, and to all school
districts, which shall in turn make them available to students,
parents, and teachers in a timely fashion.
(2) Upon request, the superintendent of public instruction shall make available to requesting school districts the
inventory used to collect information about students' interests
and plans for high school and beyond for use by students in
the eighth grade. To the extent funds are appropriated, the
superintendent shall provide the inventory, tabulation services, and reporting at no cost or at reduced cost to school
districts. [1999 c 373 § 401; 1990 c 101 § 2.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
(2004 Ed.)
Food Services
28A.230.250 Coordination of procedures and content
of assessments. The superintendent of public instruction
shall coordinate both the procedures and the content of the
tests and assessments required by the state to maximize the
value of the information provided to students as they progress
and to teachers and parents about students' talents, interests,
and academic needs or deficiencies so that appropriate programs can be provided to enhance the likelihood of students'
success both in school and beyond. [1999 c 373 § 602; 1990
c 101 § 4.]
28A.230.250
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
28A.230.260 Annual report to the legislature. The
superintendent of public instruction shall report annually to
the legislature on the results of the achievement levels of students in grades eight and eleven. [1990 c 101 § 5.]
28A.230.260
Chapter 28A.235
Chapter 28A.235 RCW
FOOD SERVICES
Sections
28A.235.010 Superintendent of public instruction authorized to receive
and disburse federal funds.
28A.235.020 Payment of costs—Federal food services revolving fund—
Disbursements.
28A.235.030 Rules.
28A.235.040 Acquisition authorized.
28A.235.050 Contracts for—Other law applicable to.
28A.235.060 Advancement of costs from revolving fund moneys—Reimbursement by school district to include transaction
expense.
28A.235.070 Revolving fund created.
28A.235.080 Revolving fund—Administration of fund—Use—School
district requisition as prerequisite.
28A.235.090 Revolving fund—Depositories for fund, bond or security
for—Manner of payments from fund.
28A.235.100 Rules.
28A.235.110 Suspension of laws, rules, inconsistent herewith.
28A.235.120 Meal programs—Establishment and operation—Personnel—
Agreements.
28A.235.130 Milk for children at school expense.
28A.235.140 School breakfast programs.
28A.235.145 School breakfast and lunch programs—Use of state funds.
28A.235.150 School breakfast and lunch programs—Grants to increase
participation—Increased state support.
28A.235.155 Federal summer food service program—Administration of
funds—Grants.
28A.235.160 Requirements to implement school lunch and summer food
service programs—Exemptions.
Food donation and distribution—Liability: Chapter 69.80 RCW.
28A.235.010 Superintendent of public instruction
authorized to receive and disburse federal funds. The
superintendent of public instruction is hereby authorized to
receive and disburse federal funds made available by acts of
congress for the assistance of private nonprofit organizations
in providing food services to children and adults according to
the provisions of 20 U.S.C. Sec. 1751 et seq., the national
school lunch act as amended, and 20 U.S.C. Sec. 1771, et
seq., the child nutrition act of 1966, as amended. [1987 c 193
§ 1. Formerly RCW 28A.29.010.]
28A.235.010
28A.235.020 Payment of costs—Federal food services revolving fund—Disbursements. All reasonably
ascertainable costs of performing the duties assumed and performed under RCW 28A.235.010 through 28A.235.030 and
28A.235.140 by either the superintendent of public instruc28A.235.020
(2004 Ed.)
28A.235.060
tion or another state or local governmental entity in support
of the superintendent of public instruction's duties under
RCW 28A.235.010 through 28A.235.030 and 28A.235.140
shall be paid exclusively with federal funds and, if any, private gifts and grants. The federal food services revolving
fund is hereby established in the custody of the state treasurer. The office of the superintendent of public instruction
shall deposit in the fund federal funds received under RCW
28A.235.010, recoveries of such funds, and gifts or grants
made to the revolving fund. Disbursements from the fund
shall be on authorization of the superintendent of public
instruction or the superintendent's designee. The fund is subject to the allotment procedure provided under chapter 43.88
RCW, but no appropriation is required for disbursements.
The superintendent of public instruction is authorized to
expend from the federal food services revolving fund such
funds as are necessary to implement RCW 28A.235.010
through 28A.235.030 and 28A.235.140. [1990 c 33 § 242;
1987 c 193 § 2. Formerly RCW 28A.29.020.]
28A.235.030
28A.235.030 Rules. The superintendent shall have the
power to promulgate such rules in accordance with chapter
34.05 RCW as are necessary to implement this chapter.
[1987 c 193 § 3. Formerly RCW 28A.29.030.]
28A.235.040
28A.235.040 Acquisition authorized. Notwithstanding any other provision of law or chapter 39.32 RCW, the
state superintendent of public instruction is hereby authorized
to purchase, or otherwise acquire from the government of the
United States or any property or commodity disposal agency
thereof, surplus or donated food commodities for the use by
any school district for their hot lunch program. [1969 ex.s. c
223 § 28A.30.010. Prior: 1967 ex.s. c 92 § 1. Formerly RCW
28A.30.010, 28.30.010.]
28A.235.050
28A.235.050 Contracts for—Other law applicable to.
The state superintendent of public instruction is hereby
authorized to enter into any contract with the United States of
America, or any agency thereof, for the purchase of any surplus or donated food commodities, without regard to the provisions of any other law requiring the advertising, giving
notice, inviting or receiving bids, or which may require the
delivery of purchases before payment. [1969 ex.s. c 223 §
28A.30.020. Prior: 1967 ex.s. c 92 § 7. Formerly RCW
28A.30.020, 28.30.020.]
28A.235.060
28A.235.060 Advancement of costs from revolving
fund moneys—Reimbursement by school district to
include transaction expense. In purchasing or otherwise
acquiring surplus or donated commodities on the requisition
of a school district the superintendent may advance the purchase price and other cost of acquisition thereof from the surplus and donated food commodities revolving fund and the
superintendent shall in due course bill the proper school district for the amount paid by him or her for the commodities
plus a reasonable amount to cover the expenses incurred by
the superintendent's office in connection with the transaction.
All payments received for surplus or donated commodities
from school districts shall be deposited by the superintendent
in the surplus and donated food commodities revolving fund.
[Title 28A RCW—page 75]
28A.235.070
Title 28A RCW: Common School Provisions
[1990 c 33 § 243; 1969 ex.s. c 223 § 28A.30.030. Prior: 1967
ex.s. c 92 § 4. Formerly RCW 28A.30.030, 28.30.030.]
28A.235.070
28A.235.070 Revolving fund created. There is created
in the office of the state superintendent of public instruction a
revolving fund to be designated the surplus and donated food
commodities revolving fund. [1985 c 341 § 10; 1979 ex.s. c
20 § 1; 1969 ex.s. c 223 § 28A.30.040. Prior: 1967 ex.s. c 92
§ 2. Formerly RCW 28A.30.040, 28.30.040.]
28A.235.080
28A.235.080 Revolving fund—Administration of
fund—Use—School district requisition as prerequisite.
The surplus and donated food commodities revolving fund
shall be administered by the state superintendent of public
instruction and be used solely for the purchase or other acquisition, including transportation, storage and other cost, of surplus or donable food commodities from the federal government. The superintendent may purchase or otherwise acquire
such commodities only after requisition by a school district
requesting such commodities. [1969 ex.s. c 223 §
28A.30.050. Prior: 1967 ex.s. c 92 § 3. Formerly RCW
28A.30.050, 28.30.050.]
28A.235.090
28A.235.090 Revolving fund—Depositories for fund,
bond or security for—Manner of payments from fund.
The surplus and donated food commodities revolving fund
shall be deposited by the superintendent in such banks as he
or she may select, but any such depository shall furnish a
surety bond executed by a surety company or companies
authorized to do business in the state of Washington, or collateral eligible as security for deposit of state funds, in at least
the full amount of the deposit in each depository bank. Moneys shall be paid from the surplus and donated food commodities revolving fund by voucher and check in such form and in
such manner as shall be prescribed by the superintendent.
[1990 c 33 § 244; 1969 ex.s. c 223 § 28A.30.060. Prior: 1967
ex.s. c 92 § 5. Formerly RCW 28A.30.060, 28.30.060.]
28A.235.100
28A.235.100 Rules. The superintendent of public
instruction shall have power to adopt rules as may be necessary to effectuate the purposes of this chapter. [1993 c 333 §
5; 1990 c 33 § 245; 1969 ex.s. c 223 § 28A.30.070. Prior:
1967 ex.s. c 92 § 6. Formerly RCW 28A.30.070, 28.30.070.]
28A.235.110
28A.235.110 Suspension of laws, rules, inconsistent
herewith. Any provision of law, or any resolution, rule or
regulation which is inconsistent with the provisions of RCW
28A.235.040 through 28A.235.110 is suspended to the extent
such provision is inconsistent herewith. [1990 c 33 § 246;
1969 ex.s. c 223 § 28A.30.080. Prior: 1967 ex.s. c 92 § 8.
Formerly RCW 28A.30.080, 28.30.080.]
28A.235.120
28A.235.120 Meal programs—Establishment and
operation—Personnel—Agreements. The directors of any
school district may establish, equip and operate meal programs in school buildings for pupils; certificated and classified employees; volunteers; public agencies, political subdivisions, or associations that serve public entities while using
school facilities; other local, state, or federal child nutrition
programs; and for school or employee functions: PRO[Title 28A RCW—page 76]
VIDED, That the expenditures for food supplies shall not
exceed the estimated revenues from the sale of meals, federal
aid, Indian education fund lunch aid, or other anticipated revenue, including donations, to be received for that purpose:
PROVIDED FURTHER, That the directors of any school
district may provide for the use of kitchens and lunchrooms
or other facilities in school buildings to furnish meals to elderly persons at cost as provided in RCW 28A.623.020: PROVIDED, FURTHER, That the directors of any school district
may provide for the use of kitchens and lunchrooms or other
facilities in school buildings to furnish meals at cost as provided in RCW 28A.623.030 to children who are participating
in educational or training or care programs or activities conducted by private, nonprofit organizations and entities and to
students who are attending private elementary and secondary
schools. Operation for the purposes of this section shall
include the employment and discharge for sufficient cause of
personnel necessary for preparation of food or supervision of
students during lunch periods and fixing their compensation,
payable from the district general fund, or entering into agreement with a private agency for the establishment, management and/or operation of a food service program or any part
thereof. [2002 c 36 § 1; 1997 c 13 § 4; 1990 c 33 § 247; 1979
ex.s. c 140 § 3; 1979 c 58 § 1; 1973 c 107 § 2; 1969 ex.s. c
223 § 28A.58.136. Prior: (i) 1947 c 31 § 1; 1943 c 51 § 1;
1939 c 160 § 1; Rem. Supp. 1947 § 4706-1. Formerly RCW
28A.58.136, 28.58.260. (ii) 1943 c 51 § 2; Rem. Supp. 1943
§ 4706-2. Formerly RCW 28.58.270.]
Seve ra bili ty— 1979 e x.s. c 140 : Se e no te fo llo wing R CW
28A.225.200.
Severability—1979 c 58: See note following RCW 28A.623.030.
Nonprofit meal program for elderly—Purpose: RCW 28A.623.010.
28A.235.130
28A.235.130 Milk for children at school expense.
The board of directors of any school district may cause to be
furnished free of charge, in a suitable receptacle on each and
every school day to such children in attendance desiring or in
need of the same, not less than one-half pint of milk. The cost
of supplying such milk shall be paid for in the same manner
as other items of expense incurred in the conduct and operation of said school, except that available federal or state funds
may be used therefor. [1969 ex.s. c 223 § 28A.31.020. Prior:
1935 c 15 § 1; 1923 c 152 § 1; 1921 c 190 § 1; RRS § 4806.
Formerly RCW 28A.31.020, 28.31.020.]
Food services—Use of federal funds: Chapter 28A.235 RCW.
28A.235.140
28A.235.140 School breakfast programs. (1) For the
purposes of this section:
(a) "Free or reduced-price lunches" means lunches
served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national
school lunch program.
(b) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773.
(c) "Severe-need school" means a school that qualifies
for a severe-need school reimbursement rate from federal
funds for school breakfasts served to children from lowincome families.
(2) School districts shall be required to develop and
implement plans for a school breakfast program in severe(2004 Ed.)
Food Services
need schools, pursuant to the schedule in this section. For the
second year prior to the implementation of the district's
school breakfast program, and for each subsequent school
year, each school district shall submit data enabling the
superintendent of public instruction to determine which
schools within the district will qualify as severe-need
schools. In developing its plan, each school district shall consult with an advisory committee including school staff and
community members appointed by the board of directors of
the district.
(3) Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of
public instruction shall adopt a schedule for implementation
of school breakfast programs in severe-need schools as follows:
(a) School districts where at least forty percent of
lunches served to students are free or reduced-price lunches
shall submit a plan for implementation of a school breakfast
program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district
shall implement a school breakfast program in all severeneed schools no later than the second day of school in the
1990-91 school year and in each school year thereafter.
(b) School districts where at least twenty-five but less
than forty percent of lunches served to students are free or
reduced-price lunches shall submit a plan for implementation
of a school breakfast program in severe-need schools to the
superintendent of public instruction no later than July 1,
1991. Each such district shall implement a school breakfast
program in all severe-need schools no later than the second
day of school in the 1991-92 school year and in each school
year thereafter.
(c) School districts where less than twenty-five percent
of lunches served to students are free or reduced-price
lunches shall submit a plan for implementation of a school
breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each
such district shall implement a school breakfast program in
all severe-need schools no later than the second day of school
in the 1992-93 school year and in each school year thereafter.
(d) School districts that did not offer a school lunch program in the 1988-89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible.
(4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need
schools is eliminated.
(5) Students who do not meet family-income criteria for
free breakfasts shall be eligible to participate in the school
breakfast programs established under this section, and school
districts may charge for the breakfasts served to these students. Requirements that school districts have school breakfast programs under this section shall not create or imply any
state funding obligation for these costs. The legislature does
not intend to include these programs within the state's obligation for basic education funding under Article IX of the
Constitution. [1993 c 333 § 1; 1989 c 239 § 2. Formerly
RCW 28A.29.040.]
Study—1989 c 239: "The superintendent of public instruction shall
conduct a study of the costs and feasibility of expanding the school breakfast
program to include schools where more than twenty-five but less than forty
(2004 Ed.)
28A.235.160
percent of lunches served are free or reduced-price lunches. The study shall
consider the total cost of the program, including but not limited to food costs,
staff salaries and benefits, and additional pupil transportation costs. The
superintendent of public instruction shall submit to the legislature prior to
January 15, 1992, a report on the results of this study, including recommendations on whether to expand the school breakfast program to include these
schools." [1989 c 239 § 3.]
28A.235.145
28A.235.145 School breakfast and lunch programs—
Use of state funds. State funds received by school districts
under this chapter for school breakfast and lunch programs
shall be used to support the operating costs of the program,
including labor, unless specific appropriations for nonoperating costs are provided. [1993 c 333 § 2.]
28A.235.150
28A.235.150 School breakfast and lunch programs—
Grants to increase participation—Increased state support. (1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch
programs, to improve program quality, and to improve the
equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable
federal funds before applying for funds under this subsection.
(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for
school breakfasts and lunches. [1993 c 333 § 3.]
28A.235.155
28A.235.155 Federal summer food service program—Administration of funds—Grants. (1) The superintendent of public instruction shall administer funds for the
federal summer food service program.
(2) The superintendent of public instruction may award
grants, to the extent funds are appropriated, to eligible organizations to help start new summer food service programs for
children or to help expand summer food services for children.
[1993 c 333 § 4.]
28A.235.160
28A.235.160 Requirements to implement school
lunch and summer food service programs—Exemptions.
(1) For the purposes of this section:
(a) "Free or reduced-price lunch" means a lunch served
by a school district participating in the national school lunch
program to a student qualifying for national school lunch program benefits based on family size-income criteria.
(b) "School lunch program" means a meal program
meeting the requirements defined by the superintendent of
public instruction under subsection (4) of this section.
(c) "Summer food service program" means a meal or
snack program meeting the requirements defined by the
superintendent of public instruction under subsection (5) of
this section.
(2) School districts shall implement a school lunch program in each public school in the district in which educational services are provided to children in any of the grades
kindergarten through four and in which twenty-five percent
or more of the enrolled students qualify for a free or reducedprice lunch. In developing and implementing its school lunch
program, each school district may consult with an advisory
committee including school staff, community members, and
others appointed by the board of directors of the district.
[Title 28A RCW—page 77]
Chapter 28A.300
Title 28A RCW: Common School Provisions
(3) Applications to determine free or reduced-price
lunch eligibility shall be distributed and collected for all
households of children in schools containing any of the
grades kindergarten through four and in which there are no
United States department of agriculture child nutrition programs. The applications that are collected must be reviewed
to determine eligibility for free or reduced-price lunches.
Nothing in this section shall be construed to require completion or submission of the application by a parent or guardian.
(4) Using the most current available school data on free
and reduced-price lunch eligibility, the superintendent of
public instruction shall adopt a schedule for implementation
of school lunch programs at each school required to offer
such a program under subsection (2) of this section as follows:
(a) Schools not offering a school lunch program and in
which twenty-five percent or more of the enrolled students
are eligible for free or reduced-price lunch shall implement a
school lunch program not later than the second day of school
in the 2005-06 school year and in each school year thereafter.
(b) The superintendent shall establish minimum standards defining the lunch meals to be served, and such standards must be sufficient to qualify the meals for any available
federal reimbursement.
(c) Nothing in this section shall be interpreted to prevent
a school from implementing a school lunch program earlier
than the school is required to do so.
(5) Each school district shall implement a summer food
service program in each public school in the district in which
a summer program of academic, enrichment, or remedial services is provided and in which fifty percent or more of the
children enrolled in the school qualify for free or reducedprice lunch. However, the superintendent of public instruction shall develop rules establishing criteria to permit an
exemption for a school that can demonstrate availability of an
adequate alternative summer feeding program. Sites providing meals should be open to all children in the area, unless a
compelling case can be made to limit access to the program.
The superintendent of public instruction shall adopt a definition of compelling case and a schedule for implementation as
follows:
(a) Beginning the summer of 2005 if the school currently
offers a school breakfast or lunch program; or
(b) Beginning the summer following the school year during which a school implements a school lunch program under
subsection (4) of this section.
(6) Schools not offering a breakfast or lunch program
may meet the meal service requirements of subsections (4)
and (5) of this section through any of the following:
(a) Preparing the meals on-site;
(b) Receiving the meals from another school that participates in a United States department of agriculture child
nutrition program; or
(c) Contracting with a nonschool entity that is a licensed
food service establishment under RCW 69.07.010.
(7) Requirements that school districts have a school
lunch program under this section shall not create or imply any
state funding obligation for these costs. The legislature does
not intend to include these programs within the state's obligation for basic education funding under Article IX of the state
Constitution.
[Title 28A RCW—page 78]
(8) The requirements in this section shall lapse if the federal reimbursement for any school breakfasts, lunches, or
summer food service programs is eliminated.
(9) School districts may be exempted from the requirements of this section by showing good cause why they cannot
comply with the office of the superintendent of public
instruction to the extent that such exemption is not in conflict
with federal or state law. [2004 c 54 § 2.]
Findings—2004 c 54: "The legislature recognizes that hunger and food
insecurity are serious problems in the state. Since the United States department of agriculture began to collect data on hunger and food insecurity in
1995, Washington has been ranked each year within the top five states with
the highest levels of hunger. A significant number of these households classified as hungry are families with children.
The legislature recognizes the correlation between adequate nutrition
and a child's development and school performance. This problem can be
greatly diminished through improved access to federal nutrition programs.
The legislature also recognizes that improved access to federal nutrition and assistance programs, such as the federal food stamp program, can be
a critical factor in enabling recipients to gain the ability to support themselves and their families. This is an important step towards self-sufficiency
and decreased long-term reliance on governmental assistance and will serve
to strengthen families in this state." [2004 c 54 § 1.]
Conflict with federal requirements—2004 c 54: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with respect to
the agencies directly affected, and this finding does not affect the operation
of the remainder of this act in its application to the agencies concerned.
Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2004 c 54 § 6.]
Chapter 28A.300 RCW
SUPERINTENDENT OF PUBLIC INSTRUCTION
Chapter 28A.300
Sections
28A.300.010
28A.300.020
Election—Term of office.
Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel.
28A.300.030 Assistance of educational service district boards and superintendents—Scope.
28A.300.035 Assistance of certificated or classified employee—Reimbursement for substitute.
28A.300.040 Powers and duties.
28A.300.0451 Reimbursement for substitute if employee serves state
board or superintendent.
28A.300.050 Assistance to state board for activities involving professional educator excellence.
28A.300.060 Studies and adoption of classifications for school district
budgets—Publication.
28A.300.065 Classification and numbering system of school districts.
28A.300.070 Receipt of federal funds for school purposes—Superintendent of public instruction to administer.
28A.300.080 Vocational agriculture education—Intent.
28A.300.090 Vocational agriculture education—Service area established—Duties.
28A.300.100 Vocational agriculture education—Superintendent to adopt
rules.
28A.300.115 Holocaust instruction—Preparation and availability of
instructional materials.
28A.300.118 College credit program information—Notification to
schools and parents.
28A.300.120 Administrative hearing—Contract to conduct authorized—
Final decision.
28A.300.130 Center for the improvement of student learning—Educational improvement and research—Clearinghouse for
academic achievement and accountability commission
and for information regarding educational improvement
and parental involvement programs.
28A.300.135 Center for the improvement of student learning account.
28A.300.150 Information on child abuse and neglect prevention curriculum—Superintendent's duties.
28A.300.160 Development of coordinated primary prevention program
for child abuse and neglect—Office as lead agency.
28A.300.164 Energy information program.
(2004 Ed.)
Superintendent of Public Instruction
28A.300.170
28A.300.175
28A.300.190
28A.300.220
28A.300.230
28A.300.235
28A.300.240
28A.300.250
28A.300.270
28A.300.275
28A.300.280
28A.300.285
28A.300.290
28A.300.295
28A.300.300
28A.300.310
28A.300.320
28A.300.330
28A.300.340
28A.300.350
28A.300.360
28A.300.370
28A.300.380
28A.300.390
28A.300.395
28A.300.400
28A.300.405
28A.300.410
28A.300.412
28A.300.415
28A.300.420
28A.300.430
28A.300.440
28A.300.445
28A.300.450
28A.300.455
28A.300.460
28A.300.465
28A.300.470
28A.300.800
State general fund—Estimates for state support to public
schools, from.
Recovery of payments to recipients of state money—
Basis—Resolution of audit findings—Rules.
Coordination of video telecommunications programming in
schools.
Cooperation with work force training and education coordinating board.
Findings—Integration of vocational and academic education.
Development of model curriculum integrating vocational
and academic education.
International student exchange.
Participation in federal nutrition programs—Superintendent's duties.
Violence prevention training.
Alternative school start-up grants—School safety grants—
Report to legislative committees.
Conflict resolution program.
Harassment, intimidation, and bullying prevention policies—Model policy and training materials—Posting on
web site—Authority to update.
Effective reading programs—Identification.
Identified programs—Grants for in-service training and
instructional materials.
Effective reading programs—Information—Development
and implementation of strategies.
Second grade reading assessment—Selection of reading
passages—Costs.
Second grade reading assessment—Pilot projects—Assessment selection—Assessment results.
Primary grade reading grant program.
Primary grade reading grant program—Timelines—Rules.
Excellence in mathematics training program.
Grants for programs and services—Truant, at-risk, and
expelled students.
World War II oral history project.
Career and technical student organizations—Support services.
Washington civil liberties public education program—
Findings.
Washington civil liberties public education program—
Intent.
Washington civil liberties public education program—Definition.
Washington civil liberties public education program—Created—Purpose.
Washington civil liberties public education program—
Grants—Acceptance of gifts, grants, or endowments.
Washington civil liberties public education program—
Report.
Washington civil liberties public education program—
Short title.
Student court programs.
Collaboration with children's system of care demonstration
sites.
Natural science, wildlife, and environmental education
grant program.
Washington natural science, wildlife, and environmental
education partnership account.
Financial literacy public-private partnership—Established.
Financial literacy public-private partnership responsibilities—Definition of financial literacy—Strategies—
Report.
Financial literacy public-private partnership responsibilities.
Financial literacy public-private partnership account created.
Financial literacy public-private partnership—Expiration.
Education of school-age children in short-term foster
care—Working group—Recommendations to legislature.
Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300.
Council for the prevention of child abuse and neglect, superintendent or designee as member: RCW 43.121.020.
Driving instructor's licensing, adoption by superintendent of rules: RCW
46.82.320.
Interagency agreement on fetal alcohol exposure programs: RCW
70.96A.510.
Occupational forecast—Agency consultation: RCW 50.38.030.
(2004 Ed.)
28A.300.030
State investment board, appointment of member by superintendent: RCW
43.33A.020.
28A.300.010
28A.300.010 Election—Term of office. A superintendent of public instruction shall be elected by the qualified
electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are
elected, and shall hold his or her office for the term of four
years, and until his or her successor is elected and qualified.
[1990 c 33 § 250; 1969 ex.s. c 223 § 28A.03.010. Prior: 1909
c 97 p 231 § 1; RRS § 4521; prior: 1897 c 118 § 20; 1891 c
127 § 1; 1890 p 348 § 3; Code 1881 § 3154; 1873 p 419 § 1;
1861 p 55 § 1. Formerly RCW 28A.03.010, 28.03.010,
43.11.010.]
28A.300.020
28A.300.020 Assistant superintendents, deputy
superintendent, assistants—Terms for exempt personnel.
The superintendent of public instruction may appoint assistant superintendents of public instruction, a deputy superintendent of public instruction, and may employ such other
assistants and clerical help as are necessary to carry out the
duties of the superintendent and the state board of education.
However, the superintendent shall employ without undue
delay the executive director of the state board of education
and other state board of education office assistants and clerical help, appointed by the state board under RCW
28A.305.110, whose positions are allotted and funded in
accordance with moneys appropriated exclusively for the
operation of the state board of education. The rate of compensation and termination of any such executive director, state
board office assistants, and clerical help shall be subject to
the prior consent of the state board of education. The assistant
superintendents, deputy superintendent, and such other officers and employees as are exempted from the provisions of
chapter 41.06 RCW, shall serve at the pleasure of the superintendent or at the pleasure of the superintendent and the state
board of education as provided in this section. Expenditures
by the superintendent of public instruction for direct and indirect support of the state board of education are valid operational expenditures by and in behalf of the office of the superintendent of public instruction. [1996 c 25 § 2; 1969 ex.s. c
223 § 28A.03.020. Prior: 1967 c 158 § 3; 1909 c 97 p 234 §
4; RRS § 4524; prior: 1905 c 56 § 1; 1903 c 104 § 10; 1897
c 118 § 23; 1890 p 351 § 5. Formerly RCW 28A.03.020,
28.03.020, 43.11.020.]
28A.300.030
28A.300.030 Assistance of educational service district boards and superintendents—Scope. The superintendent of public instruction, by rule or regulation, may require
the assistance of educational service district boards and/or
superintendents in the performance of any duty, authority, or
power imposed upon or granted to the superintendent of public instruction by law or by the Constitution of the state of
Washington, upon such terms and conditions as the superintendent of public instruction shall establish. Such authority to
assist the superintendent of public instruction shall be limited
to the service function of information collection and dissemination and the attestment to the accuracy and completeness
of submitted information. [1975 1st ex.s. c 275 § 46; 1971
ex.s. c 282 § 29. Formerly RCW 28A.03.028.]
[Title 28A RCW—page 79]
28A.300.035
Title 28A RCW: Common School Provisions
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.300.035
28A.300.035 Assistance of certificated or classified
employee—Reimbursement for substitute. If the superintendent of public instruction or the state board of education,
in carrying out their powers and duties under Title 28A
RCW, request the service of any certificated or classified
employee of a school district upon any committee formed for
the purpose of furthering education within the state, or within
any school district therein, and such service would result in a
need for a school district to employ a substitute for such certificated or classified employee during such service, payment
for such a substitute may be made by the superintendent of
public instruction from funds appropriated by the legislature
for the current use of the common schools and such payments
shall be construed as amounts needed for state support to the
common schools under RCW 28A.150.380. If such substitute
is paid by the superintendent of public instruction, no deduction shall be made from the salary of the certificated or classified employee. In no event shall a school district deduct
from the salary of a certificated or classified employee serving on such committee more than the amount paid the substitute employed by the district. [1994 c 113 § 1; 1990 c 33 §
147; 1973 1st ex.s. c 3 § 1. Formerly RCW 28A.160.220,
28A.41.180.]
28A.300.040
28A.300.040 Powers and duties. In addition to any
other powers and duties as provided by law, the powers and
duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to the
public schools of the state;
(2) To report to the governor and the legislature such
information and data as may be required for the management
and improvement of the schools;
(3) To prepare and have printed such forms, registers,
courses of study, rules for the government of the common
schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials
charged with the administration of the laws relating to the
common schools, and to distribute the same to educational
service district superintendents;
(4) To travel, without neglecting his or her other official
duties as superintendent of public instruction, for the purpose
of attending educational meetings or conventions, of visiting
schools, of consulting educational service district superintendents or other school officials;
(5) To prepare and from time to time to revise a manual
of the Washington state common school code, copies of
which shall be provided in such numbers as determined by
the superintendent of public instruction at no cost to those
public agencies within the common school system and which
shall be sold at approximate actual cost of publication and
distribution per volume to all other public and nonpublic
agencies or individuals, said manual to contain Titles 28A
and 28C RCW, rules related to the common schools, and such
other matter as the state superintendent or the state board of
education shall determine. Proceeds of the sale of such code
shall be transmitted to the public printer who shall credit the
state superintendent's account within the state printing plant
revolving fund by a like amount;
[Title 28A RCW—page 80]
(6) To act as ex officio member and the chief executive
officer of the state board of education;
(7) To file all papers, reports and public documents
transmitted to the superintendent by the school officials of
the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's
office, and the superintendent's official acts, may, or upon
request, shall be certified by the superintendent and attested
by the superintendent's official seal, and when so certified
shall be evidence of the papers or acts so certified to;
(8) To require annually, on or before the 15th day of
August, of the president, manager, or principal of every educational institution in this state, a report as required by the
superintendent of public instruction; and it is the duty of
every president, manager or principal, to complete and return
such forms within such time as the superintendent of public
instruction shall direct;
(9) To keep in the superintendent's office a record of all
teachers receiving certificates to teach in the common
schools of this state;
(10) To issue certificates as provided by law;
(11) To keep in the superintendent's office at the capital
of the state, all books and papers pertaining to the business of
the superintendent's office, and to keep and preserve in the
superintendent's office a complete record of statistics, as well
as a record of the meetings of the state board of education;
(12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the
superintendent in writing by any educational service district
superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of
any educational service district superintendent; and the
superintendent shall publish his or her rulings and decisions
from time to time for the information of school officials and
teachers; and the superintendent's decision shall be final
unless set aside by a court of competent jurisdiction;
(13) To administer oaths and affirmations in the discharge of the superintendent's official duties;
(14) To deliver to his or her successor, at the expiration
of the superintendent's term of office, all records, books,
maps, documents and papers of whatever kind belonging to
the superintendent's office or which may have been received
by the superintendent's for the use of the superintendent's
office;
(15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025;
(16) To perform such other duties as may be required by
law. [1999 c 348 § 6; 1992 c 198 § 6; 1991 c 116 § 2; 1990 c
33 § 251; 1982 c 160 § 2; 1981 c 249 § 1; 1977 c 75 § 17;
1975 1st ex.s. c 275 § 47; 1971 ex.s. c 100 § 1; 1969 ex.s. c
176 § 102; 1969 ex.s. c 223 § 28A.03.030. Prior: 1967 c 158
§ 4; 1909 c 97 p 231 § 3; RRS § 4523; prior: 1907 c 240 § 1;
1903 c 104 § 9; 1901 c 177 § 5; 1901 c 41 § 1; 1899 c 142 §
4; 1897 c 118 § 22; 1891 c 127 §§ 1, 2; 1890 pp 348-351 §§
3, 4; Code 1881 §§ 3155-3160; 1873 p 419 §§ 2-6; 1861 p 55
§§ 2, 3, 4. Formerly RCW 28A.03.030, 28.03.030,
43.11.030.]
Intent—1999 c 348: See note following RCW 28A.205.010.
Severability—Effective date—1992 c 198: See RCW 70.190.910 and
70.190.920.
Severability—1982 c 160: See note following RCW 28A.305.100.
(2004 Ed.)
Superintendent of Public Instruction
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Studies—1969 ex.s. c 283: "The superintendent of public instruction is
directed to develop, prepare and make available information as follows:
(1) A budgetary study of the fiscal impact which would result from
payment to substitute teachers, who are on a continuing basis of twelve or
more days within any calendar month, at a rate of pay commensurate with
their training and experience and at a per diem salary in proportion to the salary for which that teacher would be eligible as a full time teacher;
(2) A study showing the percentage of high school graduates who go on
to an institution of higher education, including community colleges, the distribution of such students, and the percentage thereof which continue in
higher education through the various grades or years thereof; and
(3) A study of the fiscal impact of establishing one hundred and eighty
days as the base salary period for all contracts with certificated employees."
[1969 ex.s. c 283 § 8.]
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28A.300.0451
28A.300.0451 Reimbursement for substitute if
employee serves state board or superintendent. See
RCW 28A.300.035.
28A.300.050
28A.300.050 Assistance to state board for activities
involving professional educator excellence. The superintendent of public instruction shall provide technical assistance to the state board of education in the conduct of the
activities described in *sections 202 through 232 of this act.
[1990 c 33 § 252; 1987 c 525 § 227. Formerly RCW
28A.03.375.]
*Reviser's note: In addition to vetoed and temporary uncodified sections, "sections 202 through 232 of this act" [1987 c 525] includes the enactment of RCW 28A.04.122, 28A.70.010, 28A.04.167, 28A.70.400 through
28A.70.408, 28A.70.040, 28A.04.170, 28A.04.172, 28A.70.042,
28A.04.174, 28A.04.176, 28A.70.900, 28A.04.178, and 28A.03.375.
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Severability—1987 c 525: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 525 § 305.]
28A.300.090
more, as shown by evidence acceptable to the educational
service district superintendent and the superintendent of public instruction, is a school district of the first class. Any other
school district is a school district of the second class.
(3) Whenever the educational service district superintendent finds that the classification of a school district should be
changed, and upon the approval of the superintendent of public instruction, the educational service district superintendent
shall make an order in conformity with his or her findings and
alter the records of his or her office accordingly. Thereafter,
the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which the district then belongs.
(4) Notwithstanding any other provision of chapter 43,
Laws of 1975, the educational service district superintendent,
with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any
school district for a period not exceeding three years when, in
fact, the student enrollment of the district within any such
time period does not exceed ten percent, either in a decrease
or increase thereof. [1999 c 315 § 202.]
Part headings and captions not law—1999 c 315: See RCW
28A.315.901.
28A.300.070
28A.300.070 Receipt of federal funds for school purposes—Superintendent of public instruction to administer. The state of Washington and/or any school district is
hereby authorized to receive federal funds made or hereafter
made available by acts of congress for the assistance of
school districts in providing physical facilities and/or maintenance and operation of schools, or for any other educational
purpose, according to provisions of such acts, and the state
superintendent of public instruction shall represent the state
in the receipt and administration of such funds. [1969 ex.s. c
223 § 28A.02.100. Prior: 1943 c 220 § 4; Rem. Supp. 1943 §
5109-4. Formerly RCW 28A.02.100, 28.02.100.]
28A.300.080
28A.300.060
28A.300.060 Studies and adoption of classifications
for school district budgets—Publication. The superintendent of public instruction and the state auditor jointly, and in
cooperation with the senate and house committees on education, shall conduct appropriate studies and adopt classifications or revised classifications under RCW 28A.505.100,
defining what expenditures shall be charged to each budget
class including administration. The studies and classifications shall be published in the form of a manual or revised
manual, suitable for use by the governing bodies of school
districts, by the superintendent of public instruction, and by
the legislature. [1991 c 116 § 3; 1990 c 33 § 253; 1975-'76
2nd ex.s. c 118 § 23; 1975 1st ex.s. c 5 § 1. Formerly RCW
28A.03.350.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.300.065
28A.300.065 Classification and numbering system of
school districts. (1) The superintendent of public instruction
is responsible for the classification and numbering system of
school districts.
(2) Any school district in the state that has a student
enrollment in its public schools of two thousand pupils or
(2004 Ed.)
28A.300.080 Vocational agriculture education—
Intent. The legislature recognizes that agriculture is the most
basic and singularly important industry in the state, that agriculture is of central importance to the welfare and economic
stability of the state, and that the maintenance of this vital
industry requires a continued source of trained and qualified
individuals who qualify for employment in agriculture and
agribusiness. The legislature declares that it is within the best
interests of the people and state of Washington that a comprehensive vocational education program in agriculture be maintained in the state's secondary school system. [1983 1st ex.s.
c 34 § 1. Formerly RCW 28A.03.415.]
28A.300.090
28A.300.090 Vocational agriculture education—Service area established—Duties. (1) A vocational agriculture
education service area within the office of the superintendent
of public instruction shall be established. Adequate staffing
of individuals trained or experienced in the field of vocational agriculture shall be provided for the vocational agriculture education service area for coordination of the state program and to provide assistance to local school districts for the
coordination of the activities of student agricultural organizations and associations.
[Title 28A RCW—page 81]
28A.300.100
Title 28A RCW: Common School Provisions
(2) The vocational agriculture education service area
shall:
(a) Assess needs in vocational agriculture education,
assist local school districts in establishing vocational agriculture programs, review local school district applications for
approval of vocational agriculture programs, evaluate existing programs, plan research and studies for the improvement
of curriculum materials for specialty areas of vocational agriculture. Standards and criteria developed under this subsection shall satisfy the mandates of federally-assisted vocational education;
(b) Develop in-service programs for teachers and administrators of vocational agriculture, review application for
vocational agriculture teacher certification, and assist in
teacher recruitment and placement in vocational agriculture
programs;
(c) Serve as a liaison with the Future Farmers of America, representatives of business, industry, and appropriate
public agencies, and institutions of higher education in order
to disseminate information, promote improvement of vocational agriculture programs, and assist in the development of
adult and continuing education programs in vocational agriculture; and
(d) Establish an advisory task force committee of agriculturists, who represent the diverse areas of the agricultural
industry in Washington, which shall make annual recommendations including, but not limited to, the development of curriculum, staffing, strategies for the purpose of establishing a
source of trained and qualified individuals in agriculture, and
strategies for articulating the state program in vocational
agriculture education, including youth leadership throughout
the state school system. [1983 1st ex.s. c 34 § 2. Formerly
RCW 28A.03.417.]
28A.300.100
28A.300.100 Vocational agriculture education—
Superintendent to adopt rules. The superintendent of public instruction, pursuant to chapter 34.05 RCW, shall adopt
such rules as are necessary to carry out the provisions of
RCW 28A.300.090. [1990 c 33 § 254; 1983 1st ex.s. c 34 §
3. Formerly RCW 28A.03.419.]
28A.300.115
28A.300.115 Holocaust instruction—Preparation
and availability of instructional materials. (1) Every public high school is encouraged to include in its curriculum
instruction on the events of the period in modern world history known as the Holocaust, during which six million Jews
and millions of non-Jews were exterminated. The instruction
may also include other examples from both ancient and modern history where subcultures or large human populations
have been eradicated by the acts of humankind. The studying
of this material is a reaffirmation of the commitment of free
peoples never again to permit such occurrences.
(2) The superintendent of public instruction may prepare
and make available to all school districts instructional materials for use as guidelines for instruction under this section.
[1992 c 24 § 1.]
28A.300.118
28A.300.118 College credit program information—
Notification to schools and parents. (1) Beginning with the
2000-01 school year, the superintendent of public instruction
[Title 28A RCW—page 82]
shall notify senior high schools and any other public school
that includes ninth grade of the names and contact information of public and private entities offering programs leading
to college credit, including information about online
advanced placement classes, if the superintendent has knowledge of such entities and if the cost of reporting these entities
is minimal.
(2) Beginning with the 2000-01 school year, each senior
high school and any other public school that includes ninth
grade shall publish annually and deliver to each parent with
children enrolled in ninth through twelfth grades, information
concerning the entrance requirements and the availability of
programs in the local area that lead to college credit, including classes such as advanced placement, running start, techprep, skill centers, college in the high school, and international baccalaureate programs. The information may be
included with other information the school regularly mails to
parents. In addition, each senior high school and any other
public school that includes ninth grade shall enclose information of the names and contact information of other public or
private entities offering such programs, including online
advanced placement programs, to its ninth through twelfth
grade students if the school has knowledge of such entities.
[2000 c 126 § 1.]
Reviser's note: 2000 c 126 directed that this section be added to chapter 28A.320 RCW. This section has been codified in chapter 28A.300 RCW,
which relates more directly to duties of the superintendent of public instruction.
28A.300.120
28A.300.120 Administrative hearing—Contract to
conduct authorized—Final decision. Whenever a statute or
rule provides for a formal administrative hearing before the
superintendent of public instruction under chapter 34.05
RCW, the superintendent of public instruction may contract
with the office of administrative hearings to conduct the hearing under chapter 34.12 RCW and may delegate to a designee
of the superintendent of public instruction the authority to
render the final decision. [1985 c 225 § 1. Formerly RCW
28A.03.500.]
28A.300.130
28A.300.130 Center for the improvement of student
learning—Educational improvement and research—
Clearinghouse for academic achievement and accountability commission and for information regarding educational improvement and parental involvement programs.
(1) Expanding activity in educational research, educational
restructuring, and educational improvement initiatives has
produced and continues to produce much valuable information. The legislature finds that such information should be
shared with the citizens and educational community of the
state as widely as possible. To facilitate access to information
and materials on educational improvement and research, the
superintendent of public instruction, to the extent funds are
appropriated, shall establish the center for the improvement
of student learning. The primary purpose of the center is to
provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning
requirements pursuant to *RCW 28A.630.885. The center
shall work in conjunction with the academic achievement and
accountability commission, educational service districts,
(2004 Ed.)
Superintendent of Public Instruction
institutions of higher education, and education, parent, community, and business organizations.
(2) The center, in conjunction with other staff in the
office of the superintendent of public instruction, shall:
(a) Serve as a clearinghouse for the completed work and
activities of the academic achievement and accountability
commission;
(b) Serve as a clearinghouse for information regarding
successful educational improvement and parental involvement programs in schools and districts, and information
about efforts within institutions of higher education in the
state to support educational improvement initiatives in Washington schools and districts;
(c) Provide best practices research and advice that can be
used to help schools develop and implement: Programs and
practices to improve instruction of the essential academic
learning requirements under **section 701 of this act; systems to analyze student assessment data, with an emphasis on
systems that will combine the use of state and local data to
monitor the academic progress of each and every student in
the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models;
programs to promote lifelong learning and community
involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of
students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning
requirements;
(d) Develop and distribute, in conjunction with the academic achievement and accountability commission, parental
involvement materials, including instructional guides developed to inform parents of the essential academic learning
requirements. The instructional guides also shall contain
actions parents may take to assist their children in meeting
the requirements, and should focus on reaching parents who
have not previously been involved with their children's education;
(e) Identify obstacles to greater parent and community
involvement in school shared decision-making processes and
recommend strategies for helping parents and community
members to participate effectively in school shared decisionmaking processes, including understanding and respecting
the roles of school building administrators and staff;
(f) Develop and maintain an internet web site to increase
the availability of information, research, and other materials;
(g) Take other actions to increase public awareness of
the importance of parental and community involvement in
education;
(h) Work with appropriate organizations to inform teachers, district and school administrators, and school directors
about the waivers available and the broadened school board
powers under RCW 28A.320.015;
(i) Provide training and consultation services, including
conducting regional summer institutes;
(j) Address methods for improving the success rates of
certain ethnic and racial student groups; and
(k) Perform other functions consistent with the purpose
of the center as prescribed in subsection (1) of this section.
(2004 Ed.)
28A.300.150
(3) The superintendent of public instruction, after consultation with the academic achievement and accountability
commission, shall select and employ a director for the center.
(4) The superintendent may enter into contracts with
individuals or organizations including but not limited to:
School districts; educational service districts; educational
organizations; teachers; higher education faculty; institutions
of higher education; state agencies; business or communitybased organizations; and other individuals and organizations
to accomplish the duties and responsibilities of the center. In
carrying out the duties and responsibilities of the center, the
superintendent, whenever possible, shall use practitioners to
assist agency staff as well as assist educators and others in
schools and districts. [1999 c 388 § 401; 1996 c 273 § 5;
1993 c 336 § 501; 1986 c 180 § 1. Formerly RCW
28A.03.510.]
Reviser's note: *(1) RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206.
**(2) "Section 701 of this act" refers to a section in a version of Senate
Bill No. 5418 that was not enacted into law.
Transfer of powers, duties, and functions—Part headings and captions not law—Severability—1999 c 388: See RCW 28A.655.900 through
28A.655.902.
Effective date—1996 c 273: See note following RCW 28A.300.290.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Definitions: RCW 28A.655.010.
28A.300.135
28A.300.135 Center for the improvement of student
learning account. (1) The center for the improvement of
student learning account is hereby established in the custody
of the state treasurer. The superintendent of public instruction
shall deposit in the account all moneys received from gifts,
grants, or endowments for the center for the improvement of
student learning. Moneys in the account may be spent only
for activities of the center. Disbursements from the account
shall be on authorization of the superintendent of public
instruction or the superintendent's designee. The account is
subject to the allotment procedure provided under chapter
43.88 RCW, but no appropriation is required for disbursements.
(2) The superintendent of public instruction may receive
such gifts, grants, and endowments from public or private
sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the center for
the improvement of student learning and expend the same or
any income therefrom according to the terms of the gifts,
grants, or endowments. [1993 c 336 § 502.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.300.150
28A.300.150 Information on child abuse and neglect
prevention curriculum—Superintendent's duties. The
superintendent of public instruction shall collect and disseminate to school districts information on child abuse and
neglect prevention curriculum. The superintendent of public
instruction and the departments of social and health services
and community, trade, and economic development shall
[Title 28A RCW—page 83]
28A.300.160
Title 28A RCW: Common School Provisions
share relevant information. [1994 c 245 § 8; 1987 c 489 § 2.
Formerly RCW 28A.03.512.]
Intent—1987 c 489: "It is the intent of the legislature to make child
abuse and neglect primary prevention education and training available to
children, including preschool age children, parents, school employees, and
licensed day care providers." [1987 c 489 § 1.]
28A.300.160
28A.300.160 Development of coordinated primary
prevention program for child abuse and neglect—Office
as lead agency. (1) The office of the superintendent of public instruction shall be the lead agency and shall assist the
department of social and health services, the department of
community, trade, and economic development, and school
districts in establishing a coordinated primary prevention
program for child abuse and neglect.
(2) In developing the program, consideration shall be
given to the following:
(a) Parent, teacher, and children's workshops whose
information and training is:
(i) Provided in a clear, age-appropriate, nonthreatening
manner, delineating the problem and the range of possible
solutions;
(ii) Culturally and linguistically appropriate to the population served;
(iii) Appropriate to the geographic area served; and
(iv) Designed to help counteract common stereotypes
about child abuse victims and offenders;
(b) Training for school age children's parents and school
staff, which includes:
(i) Physical and behavioral indicators of abuse;
(ii) Crisis counseling techniques;
(iii) Community resources;
(iv) Rights and responsibilities regarding reporting;
(v) School district procedures to facilitate reporting and
apprise supervisors and administrators of reports; and
(vi) Caring for a child's needs after a report is made;
(c) Training for licensed day care providers and parents
that includes:
(i) Positive child guidance techniques;
(ii) Physical and behavioral indicators of abuse;
(iii) Recognizing and providing safe, quality day care;
(iv) Community resources;
(v) Rights and responsibilities regarding reporting; and
(vi) Caring for the abused or neglected child;
(d) Training for children that includes:
(i) The right of every child to live free of abuse;
(ii) How to disclose incidents of abuse and neglect;
(iii) The availability of support resources and how to
obtain help;
(iv) Child safety training and age-appropriate selfdefense techniques; and
(v) A period for crisis counseling and reporting immediately following the completion of each children's workshop
in a school setting which maximizes the child's privacy and
sense of safety.
(3) The primary prevention program established under
this section shall be a voluntary program and shall not be part
of the basic program of education.
(4) Parents shall be given notice of the primary prevention program and may refuse to have their children partici[Title 28A RCW—page 84]
pate in the program. [1995 c 399 § 21; 1987 c 489 § 3. Formerly RCW 28A.03.514.]
Intent—1987 c 489: See note following RCW 28A.300.150.
28A.300.164
28A.300.164 Energy information program. The
office of the superintendent of public instruction shall
develop an energy information program for use in local
school districts. The program shall utilize existing curriculum
which may include curriculum as developed by districts or
the state relating to the requirement under RCW 28A.230.020
that schools provide instruction in science with special reference to the environment, and shall include but not be limited
to the following elements:
(1) The fundamental role energy plays in the national
and regional economy;
(2) Descriptions and explanations of the various sources
of energy which are used both regionally and nationally;
(3) Descriptions and explanations of the ways to use various energy sources more efficiently; and
(4) Advantages and disadvantages to the various sources
of present and future supplies of energy.
Under this section the office of superintendent of public
instruction shall emphasize providing teacher training, promoting the use of local energy experts in the classroom, and
dissemination of energy education curriculum. [1990 c 301 §
2.]
Findings—1990 c 301: "The legislature finds that the state is facing an
impending energy supply crisis. The legislature further finds that keeping the
importance of energy in the minds of state residents is essential as a means to
help avert a future energy supply crisis and that citizens need to be aware of
the importance and trade-offs associated with energy efficiency, the implications of wasteful uses of energy, and the need for long-term stable supplies
of energy. One efficient and effective method of informing the state's citizens on energy issues is to begin in the school system, where information
may guide energy use decisions for decades into the future." [1990 c 301 §
1.]
28A.300.170
28A.300.170 State general fund—Estimates for state
support to public schools, from. At such time as the governor shall determine under the provisions of chapter 43.88
RCW, the superintendent of public instruction shall submit
such detailed estimates and other information to the governor
and in such form as the governor shall determine of the total
estimated amount required for appropriation from the state
general fund for state support to public schools during the
ensuing biennium. [1980 c 6 § 2; 1969 ex.s. c 223 §
28A.41.040. Prior: 1945 c 141 § 11; Rem. Supp. 1945 §
4940-9. Formerly RCW 28A.41.040, 28.41.040.]
Severability—1980 c 6: See note following RCW 28A.515.320.
28A.300.175
28A.300.175 Recovery of payments to recipients of
state money—Basis—Resolution of audit findings—
Rules. The superintendent of public instruction shall withhold or recover state payments to school districts, educational
service districts, and other recipients of state money based on
findings of the Washington state auditor. When an audit
questions enrollment, staffing, or other data reported to the
state and used in state apportionment calculations, the superintendent of public instruction may require submission of
revised data, or as an alternative may adjust data based on
estimates, and shall revise apportionment calculations and
payments accordingly. The superintendent of public instruc(2004 Ed.)
Superintendent of Public Instruction
tion shall adopt rules setting forth policies and procedures for
the resolution of monetary and nonmonetary audit findings
involving state money. [1997 c 167 § 1.]
28A.300.190
28A.300.190 Coordination of video telecommunications programming in schools. The office of the superintendent of public instruction shall provide statewide coordination of video telecommunications programming for the
common schools. [1990 c 208 § 8.]
28A.300.220
28A.300.220 Cooperation with work force training
and education coordinating board. The superintendent
shall cooperate with the work force training and education
coordinating board in the conduct of the board's responsibilities under RCW 28C.18.060 and shall provide information
and data in a format that is accessible to the board. [1991 c
238 § 78.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.300.230
28A.300.230 Findings—Integration of vocational
and academic education. The legislature finds that the
needs of the work force and the economy necessitate
enhanced vocational education opportunities in secondary
education including curriculum which integrates vocational
and academic education. In order for the state's work force to
be competitive in the world market, employees need competencies in both vocational/technical skills and in core essential competencies such as English, math, science/technology,
geography, history, and critical thinking. Curriculum which
integrates vocational and academic education reflects that
many students learn best through applied learning, and that
students should be offered flexible education opportunities
which prepare them for both the world of work and for higher
education. [1991 c 238 § 140.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.300.235
28A.300.235 Development of model curriculum integrating vocational and academic education. The superintendent of public instruction shall with the advice of the work
force training and education coordinating board develop
model curriculum integrating vocational and academic education at the secondary level. The curriculum shall integrate
vocational education for gainful employment with education
in the academic subjects of English, math, science/technology, geography, and history, and with education in critical
thinking. Upon completion, the model curriculum shall be
provided for consideration and use by school districts. [1991
c 238 § 141.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.300.240
28A.300.240 International student exchange. (1) The
superintendent of public instruction shall annually make
available to school districts and approved private schools,
from data supplied by the secretary of state, the names of
international student exchange visitor placement organizations registered under chapter 19.166 RCW to place students
in public schools in the state and a summary of the informa(2004 Ed.)
28A.300.270
tion the organizations have filed with the secretary of state
under chapter 19.166 RCW.
(2) The superintendent shall provide general information
and assistance to school districts regarding international student exchange visitors, including, to the extent feasible with
available resources, information on the type of visa required
for enrollment, how to promote positive educational experiences for visiting exchange students, and how to integrate
exchange students into the school environment to benefit the
education of both the exchange students and students in the
state. [1991 c 128 § 11.]
Severability—Effective date—1991 c 128: See RCW 19.166.900 and
19.166.901.
28A.300.250
28A.300.250 Participation in federal nutrition programs—Superintendent's duties. The superintendent of
public instruction shall aggressively solicit eligible schools,
child and adult day care centers, and other organizations to
participate in the nutrition programs authorized by the United
States department of agriculture. [1991 c 366 § 402.]
Finding—1991 c 366: "Hunger and malnutrition threaten the future of
a whole generation of children in Washington. Children who are hungry or
malnourished are unable to function optimally in the classroom and are thus
at risk of lower achievement in school. The resultant diminished future
capacity of and opportunities for these children will affect this state's economic and social future. Thus, the legislature finds that the state has an interest in helping families provide nutritious meals to children.
The legislature also finds that the state has an interest in helping hungry
and malnourished adults obtain necessary nourishment. Adequate nourishment is necessary for physical health, and physical health is the foundation
of self-sufficiency. Adequate nourishment is especially critical in the case of
pregnant and lactating women, both to ensure that all mothers and babies are
as healthy as possible and to minimize the costs associated with the care of
low-birthweight babies." [1991 c 366 § 1.]
Finding—1991 c 366: "The legislature finds that the school breakfast
and lunch programs, the summer feeding program, and the child and adult
day care feeding programs authorized by the United States department of
agriculture are effective in addressing unmet nutritional needs. However,
some communities in the state do not participate in these programs. The
result is hunger, malnutrition, and inadequate nutrition education for otherwise eligible persons living in nonparticipating communities." [1991 c 366
§ 401.]
Parts and headings not law—1991 c 366: "Parts and headings as used
in this act constitute no part of the law." [1991 c 366 § 502.]
Severability—1991 c 366: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1991 c 366 § 503.]
Effective date—1991 c 366: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 366 § 504.]
28A.300.270
28A.300.270 Violence prevention training. The
superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational
service districts, and approved in-service providers to conduct training sessions for school certificated and classified
employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and
be research based. The training shall not be based solely on
providing materials, but also shall include techniques on
imparting these skills to students. The training sessions shall
be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement
[Title 28A RCW—page 85]
28A.300.275
Title 28A RCW: Common School Provisions
agencies, human services providers, and other interested parties. The training shall be offered to school districts and
school staff requesting the training, and shall be made available at locations throughout the state. [1994 sp.s. c 7 § 602.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
28A.300.275
28A.300.275 Alternative school start-up grants—
School safety grants—Report to legislative committees.
The sum of four million dollars, or as much thereof as may be
necessary, is appropriated from the general fund to the superintendent of public instruction for the biennium ending June
30, 2001, for:
(1) Alternative school start-up grants which are in addition to the grants funded in the two million dollars alternative
school start-up appropriation contained in section 501(2)(l),
chapter 309, Laws of 1999, and these grants shall be awarded
in the same manner and for the same purposes;
(2) School safety programs for prevention and intervention. School districts may apply for and administer these
grants independently or jointly with other school districts or
educational service districts. The funds may be expended for
proven-effective programs to improve safety in schools,
including: Security assessments of school facilities; violence
prevention and reporting training for staff as appropriate to
the particular duties and responsibilities of the specific staff,
including administrators; nonviolence and leadership training
for staff and students; and school safety plans. The educational service districts and school districts may contract for
any services under this subsection.
(3) The superintendent of public instruction shall report
to the education committees of the house of representatives
and senate on the number and types of programs administered through these grants by February 15, 2001, and February 15th of every two years thereafter. [1999 sp.s. c 12 § 1.]
Effective date—1999 sp.s. c 12: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 sp.s. c 12 § 5.]
28A.300.280
28A.300.280 Conflict resolution program. The superintendent of public instruction and the office of the attorney
general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and
mediation program for use in community groups such as
neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become
trainers and mediators for their peers in conflict resolution.
[1994 sp.s. c 7 § 611.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
28A.300.285
28A.300.285 Harassment, intimidation, and bullying
prevention policies—Model policy and training materials—Posting on web site—Authority to update. (1) By
August 1, 2003, each school district shall adopt or amend if
necessary a policy, within the scope of its authority, that prohibits the harassment, intimidation, or bullying of any student. It is the responsibility of each school district to share
this policy with parents or guardians, students, volunteers,
and school employees.
[Title 28A RCW—page 86]
(2) "Harassment, intimidation, or bullying" means any
intentional written, verbal, or physical act, including but not
limited to one shown to be motivated by any characteristic in
RCW 9A.36.080(3), or other distinguishing characteristics,
when the intentional written, verbal, or physical act:
(a) Physically harms a student or damages the student's
property; or
(b) Has the effect of substantially interfering with a student's education; or
(c) Is so severe, persistent, or pervasive that it creates an
intimidating or threatening educational environment; or
(d) Has the effect of substantially disrupting the orderly
operation of the school.
Nothing in this section requires the affected student to
actually possess a characteristic that is a basis for the harassment, intimidation, or bullying.
(3) The policy should be adopted or amended through a
process that includes representation of parents or guardians,
school employees, volunteers, students, administrators, and
community representatives. It is recommended that each such
policy emphasize positive character traits and values, including the importance of civil and respectful speech and conduct, and the responsibility of students to comply with the
district's policy prohibiting harassment, intimidation, or bullying.
(4) By August 1, 2002, the superintendent of public
instruction, in consultation with representatives of parents,
school personnel, and other interested parties, shall provide
to school districts and educational service districts a model
harassment, intimidation, and bullying prevention policy and
training materials on the components that should be included
in any district policy. Training materials shall be disseminated in a variety of ways, including workshops and other
staff developmental activities, and through the office of the
superintendent of public instruction's web site, with a link to
the safety center web page. On the web site:
(a) The office of the superintendent of public instruction
shall post its model policy, recommended training materials,
and instructional materials;
(b) The office of the superintendent of public instruction
has the authority to update with new technologies access to
this information in the safety center, to the extent resources
are made available; and
(c) Individual school districts shall have direct access to
the safety center web site to post a brief summary of their policies, programs, partnerships, vendors, and instructional and
training materials, and to provide a link to the school district's
web site for further information. [2002 c 207 § 2.]
Findings—2002 c 207: "The legislature declares that a safe and civil
environment in school is necessary for students to learn and achieve high
academic standards. The legislature finds that harassment, intimidation, or
bullying, like other disruptive or violent behavior, is conduct that disrupts
both a student's ability to learn and a school's ability to educate its students
in a safe environment.
Furthermore, the legislature finds that students learn by example. The
legislature commends school administrators, faculty, staff, and volunteers
for demonstrating appropriate behavior, treating others with civility and
respect, and refusing to tolerate harassment, intimidation, or bullying."
[2002 c 207 § 1.]
28A.300.290
28A.300.290 Effective reading programs—Identification. (1) The center for the improvement of student learn(2004 Ed.)
Superintendent of Public Instruction
ing, or its designee, shall develop and implement a process
for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the
initial identification of effective programs.
(2) In identifying effective reading programs, the center
for the improvement of student learning, or its designee, shall
consult primary education teachers, statewide reading organizations, institutions of higher education, the commission on
student learning, parents, legislators, and other appropriate
individuals and organizations.
(3) In identifying effective reading programs, the following criteria shall be used:
(a) Whether the program will help the student meet the
state-level and classroom-based assessments for reading;
(b) Whether the program has achieved documented
results for students on valid and reliable assessments;
(c) Whether the results of the program have been replicated at different locations over a period of time;
(d) Whether the requirements and specifications for
implementing the program are clear so that potential users
can clearly determine the requirements of the program and
how to implement it;
(e) Whether, when considering the cost of implementing
the program, the program is cost-effective relative to other
similar types of programs;
(f) Whether the program addresses differing student populations; and
(g) Other appropriate criteria and considerations.
(4) The initial identification of effective reading programs shall be completed and a list of the identified programs
prepared by December 31, 1996. [1996 c 273 § 1.]
Effective date—1996 c 273: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 29, 1996]." [1996 c 273 § 6.]
28A.300.295
28A.300.295 Identified programs—Grants for inservice training and instructional materials. The superintendent of public instruction shall establish a grant program
to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in
grades kindergarten through four. Schools, school districts,
and educational service districts may apply for grants. Funds
for the grants shall be used for in-service training and instructional materials. Grants shall be awarded and funds distributed not later than June 30, 1997, for programs in the 199697 and 1997-98 school years. Priority shall be given to grant
applications involving schools and school districts with the
lowest mean percentile scores on the statewide third grade
test required under RCW 28A.230.190 among grant applicants. [1999 c 78 § 2; 1996 c 273 § 2.]
Effective date—1996 c 273: See note following RCW 28A.300.290.
28A.300.300
28A.300.300 Effective reading programs—Information—Development and implementation of strategies. (1)
After effective programs have been identified in accordance
with RCW 28A.300.290, the center for the improvement of
student learning, or its designee, shall provide information
and take other appropriate steps to inform elementary school
teachers, principals, curriculum directors, superintendents,
(2004 Ed.)
28A.300.310
school board members, college and university reading
instruction faculty, and others of its findings.
(2) The center, in cooperation with statewide organizations interested in improving literacy, also shall develop and
implement strategies to improve reading instruction in the
state, with a special emphasis on the instruction of reading in
the primary grades using the effective reading programs that
have been identified in accordance with RCW 28A.300.290.
The strategies may include, but should not be limited to,
expanding and improving reading instruction of elementary
school teachers in teacher preparation programs, expanded
in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing
statewide and regional technical assistance in reading instruction. [1998 c 245 § 11; 1996 c 273 § 4.]
Effective date—1996 c 273: See note following RCW 28A.300.290.
28A.300.310
28A.300.310 Second grade reading assessment—
Selection of reading passages—Costs. (1) The superintendent of public instruction shall identify a collection of reading passages and assessment procedures that can be used to
measure second grade oral reading accuracy and fluency
skills. The purpose of the second grade reading assessment is
to provide information to parents, teachers, and school
administrators on the level of acquisition of oral reading
accuracy and fluency skills of each student at the beginning
of second grade. The assessment procedures and each of the
reading passages in the collection must:
(a) Provide a reliable and valid measure of a student's
oral reading accuracy and fluency skills;
(b) Be able to be individually administered;
(c) Have been approved by a panel of nationally recognized professionals in the area of beginning reading, whose
work has been published in peer-reviewed education research
journals, and professionals in the area of measurement and
assessment; and
(d) Assess student skills in recognition of letter sounds,
phonemic awareness, word recognition, and reading connected text. Text used for the test of fluency must be ordered
in relation to difficulty.
(2) The superintendent of public instruction shall select
reading passages for use by schools and school districts participating in pilot projects under RCW 28A.300.320 during
the 1997-98 school year. The final collection must be
selected by June 30, 1998. The superintendent of public
instruction may add reading passages to the initial list if the
passages are comparable in format to the initial passages
approved by the expert panel in subsection (1) of this section.
(3) The superintendent of public instruction shall
develop a per-pupil cost for the assessments in the collection
that details the costs for administering the assessments, booklets, scoring, and training required to reliably administer the
test. To the extent funds are appropriated, the superintendent
of public instruction shall pay for the cost of administering
and scoring the assessments, booklets or other assessment
material, and training required to administer the test. [1999 c
373 § 101; 1997 c 262 § 2.]
Part headings not law—1999 c 373: "Part headings used in this act are
not any part of the law." [1999 c 373 § 601.]
[Title 28A RCW—page 87]
28A.300.320
Title 28A RCW: Common School Provisions
Findings—1997 c 262: "The legislature acknowledges the definition of
reading as "Reading is the process of constructing meaning from written text.
It is the complex skill requiring the coordination of a number of interrelated
sources of information." Marilyn Adams, Becoming a Nation of Readers 7.
The legislature also acknowledges the role that reading accuracy and fluency
plays in the comprehension of text. The legislature finds that one way to
determine if a child's inability to read is problematic is to compare the child's
reading fluency and accuracy skills with that of other children. To accomplish this objective, the legislature finds that assessments that test students'
reading fluency and accuracy skills must be scientifically valid and reliable.
The legislature further finds that early identification of students with potential reading difficulties can provide valuable information to parents, teachers,
and school administrators. The legislature finds that assessment of second
grade students' reading fluency and accuracy skills can assist teachers in
planning and implementing a reading curriculum that addresses students'
deficiencies in reading." [1997 c 262 § 1.]
28A.300.320
28A.300.320 Second grade reading assessment—
Pilot projects—Assessment selection—Assessment
results. (1) The superintendent of public instruction shall
create a pilot project to identify which second grade reading
assessments selected under RCW 28A.300.310 will be
included in the final collection of assessments that must be
available by June 30, 1998.
(2) Schools and school districts may voluntarily participate in the second grade reading test pilot projects in the
1997-98 school year. Schools and school districts voluntarily
participating in the pilot project test are not required to have
the results available by the fall parent-teacher conference.
(3)(a) Starting in the 1998-99 school year, school districts must select an assessment from the collection adopted
by the superintendent of public instruction. Selection must be
at the entire school district level.
(b) The second grade reading assessment selected by the
school district must be administered annually in the fall
beginning with the 1998-99 school year. Students who score
substantially below grade level when assessed in the fall shall
be assessed at least one more time during the second grade.
Assessment performance deemed to be "substantially below
grade level" is to be determined for each passage in the collection by the superintendent of public instruction.
(c) If a student, while taking the assessment, reaches a
point at which the student's performance will be considered
"substantially below grade level" regardless of the student's
performance on the remainder of the assessment, the assessment may be discontinued.
(d) Each school must have the assessment results available by the fall parent-teacher conference. Schools must
notify parents about the second grade reading assessment
during the conferences, inform the parents of their students'
performance on the assessment, identify actions the school
intends to take to improve the child's reading skills, and provide parents with strategies to help the parents improve their
child's score. [1999 c 373 § 102; 1998 c 319 § 201; 1997 c
262 § 3.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
grant program is to enhance teachers' skills in using teaching
methods that have proven results gathered through quantitative research and to assist students in beginning reading.
(2) Schools and school districts may apply for primary
grade reading grants. To qualify for a grant, the grant proposal shall provide that the grantee must:
(a) Document that the instructional model the grantee
intends to implement, including teaching methods and
instructional materials, is based on results validated by quantitative methods;
(b) Agree to work with the independent contractor identified under subsection (3) of this section to determine the
effectiveness of the instructional model selected and the
effectiveness of the staff development provided to implement
the selected model; and
(c) Provide evidence of a significant number of students
who are not achieving at grade level.
To the extent funds are appropriated, the superintendent
of public instruction shall make initial grants available by
September 1, 1997, for schools and school districts voluntarily participating in pilot projects under RCW 28A.300.320.
Subject to available funding, additional applications may be
submitted to the superintendent of public instruction by September 1, 1998, and by September 1st in subsequent years.
Grants will be awarded for two years.
(3) The superintendent of public instruction shall contract with an independent contractor who has experience in
program evaluation and quantitative methods to evaluate the
impact of the grant activities on students' reading skills and
the effectiveness of the staff development provided to teachers to implement the instructional model selected by the
grantee. Five percent of the funds awarded for grants shall be
set aside for the purpose of the grant evaluation conducted by
the independent contractor.
(4) The superintendent of public instruction shall submit
biennially to the legislature and the governor a report on the
primary grade reading grant program. The first report must be
submitted not later than December 1, 1999, and each succeeding report must be submitted not later than December 1st
of each odd-numbered year. Reports must include information on how the schools and school districts used the grant
money, the instructional models used, how they were implemented, and the findings of the independent contractor.
(5) The superintendent of public instruction shall disseminate information to the school districts five years after
the beginning of the grant program regarding the results of
the effectiveness of the instructional models and implementation strategies.
(6) Funding under this section shall not become part of
the state's basic program of education obligation as set forth
under Article IX of the state Constitution. [1997 c 262 § 4.]
Intent—1997 c 262: See note following RCW 28A.300.310.
28A.300.340
Part headings not law—1998 c 319: "Part headings used in this act are
not any part of the law." [1998 c 319 § 401.]
Intent—1997 c 262: See note following RCW 28A.300.310.
28A.300.330
28A.300.330 Primary grade reading grant program.
(1) The superintendent of public instruction shall establish a
primary grade reading grant program. The purpose of the
[Title 28A RCW—page 88]
28A.300.340 Primary grade reading grant program—Timelines—Rules. (1) The superintendent of public
instruction may use up to one percent of the appropriated
funds for administration of the primary grade reading grant
program established in chapter 262, Laws of 1997.
(2) The superintendent of public instruction shall adopt
timelines and rules as necessary under chapter 34.05 RCW to
(2004 Ed.)
Superintendent of Public Instruction
administer the primary reading grant program in RCW
28A.300.310.
(3) Funding under this section shall not become a part of
the state's basic program of education obligation as set forth
under Article IX of the state Constitution. [1997 c 262 § 7.]
Intent—1997 c 262: See note following RCW 28A.300.310.
28A.300.350
28A.300.350 Excellence in mathematics training program. (1) The excellence in mathematics training program is
established to improve the mathematics performance of elementary, middle, and junior high school students. The purpose of the program is to improve students' proficiency in
mathematics by enhancing teachers' skills in using teaching
methods that have been proven to be effective based upon
empirical research. The program shall be administered by the
office of the superintendent of public instruction.
(2) The superintendent of public instruction, to the extent
funds are appropriated, shall establish training programs in
mathematics instruction and assessment for educators working with elementary, middle, and junior high school students.
The programs shall be designed to prepare educators to select
and implement appropriate instructional strategies and effective programs to improve mathematics instruction. Funds, to
the extent funds are appropriated, shall be used to develop
training programs and to provide the training to the educators
both through institutes and in the classroom during the school
year. In selecting educators to participate in the program, the
superintendent shall give priority to educators from schools
and school districts in which a significant portion of the students performed below standard on one or more mathematics
assessments. [1999 c 347 § 2.]
Findings—Intent—1999 c 347: "The legislature finds that the purpose
of Washington's accountability system is to improve student learning and
student achievement of the essential academic learning standards. The legislature finds that only thirty-one percent of students who took the 1998 fourth
grade Washington assessment of student learning met the standard for proficiency in mathematics. The legislature also finds that only twenty percent of
students who took the seventh grade trial assessment met the standard for
proficiency in mathematics. The legislature intends to identify best practices
in mathematics instruction for current and prospective mathematics teachers
in the elementary and middle grades, and to provide training opportunities
for teachers in using those instructional methods to help students in the classroom." [1999 c 347 § 1.]
28A.300.360
28A.300.360 Grants for programs and services—
Truant, at-risk, and expelled students. The superintendent
of public instruction shall provide, to the extent funds are
appropriated, start-up grants for alternative programs and services that provide instruction and learning for truant, at-risk,
and expelled students. Each grant application shall contain
proposed performance indicators and an evaluation plan to
measure the success of the program and its impact on
improved student learning. Applications shall contain the
applicant's plan for maintaining the program and services
after the grant period. [1999 c 319 § 7.]
28A.300.370
28A.300.370 World War II oral history project. (1)
The World War II oral history project is established for the
purpose of providing oral history presentations, documentation, and other materials to assist the office of the superintendent of public instruction and educators in the development
of a curriculum for use in kindergarten through twelfth grade.
(2004 Ed.)
28A.300.370
(2) To the extent funds are appropriated or donated, the
project shall be administered by the office of the superintendent of public instruction. The office shall convene an advisory committee to assist in the design and implementation of
the project. The committee shall be composed of members of
the World War II memorial educational foundation, the
department of veterans affairs, the secretary of state's office,
and legislators involved with and interested in the development of the oral history project. The committee may select its
own chair and may expand its membership to include the services of other individuals, agencies, or organizations on the
basis of need. The office shall provide staffing and administrative support to the advisory committee.
(3) The project will preserve for the education of Washington's school children the memories and history of our
state's citizens who served their state and country as members
of the armed forces or through national or community contributions during World War II. The project is intended to preserve these memories and history through audiotapes, videotapes, films, stories, printed transcripts, digitally, and through
other appropriate methods.
(4) As part of the project, the office of the superintendent
of public instruction shall identify the requirements regarding
instructional guides to help educators use the preserved material in age and grade appropriate ways.
(5) In its administration of the project, the office may
carry out its responsibilities through contracts with filming
and taping specialists, mini-grants to schools, contracts with
the World War II memorial educational foundation, and
through other means recommended by the foundation.
(6) By December 1, 2000, and every second year thereafter in which the project has received funding, the office
shall report on the results of the project to the governor and
the house of representatives and senate committees on education. The December 2000 report shall include, but need not be
limited to, identification of the project's implementation strategies and resource requirements, and any curriculum standards developed through the project. [2000 c 112 § 2.]
Findings—Intent—2000 c 112: "The legislature finds that more than
two hundred fifty thousand of Washington's citizens served their country in
the armed forces of the United States during World War II. The legislature
also finds that almost six thousand of those citizens sacrificed their lives to
secure our nation's and the world's peace and freedom. The legislature finds
that the hardships and sacrifices endured by the families and communities of
these service men and women were critical to the eventual success of our
nation's defense. The legislature also finds the memories of these stalwart
patriots must be preserved to remind future generations of the price the members of the greatest generation paid to preserve our democratic way of life.
The legislature further finds that to have a clearer reflection of these sacrifices on behalf of freedom and democracy, it is necessary to include the
memories of all women and men of our armed forces, their family members,
and others involved in the war effort so that these memories mirror our
nation's rich ethnic diversity. In addition, the legislature recognizes the existence and contributions of the World War II memorial educational foundation. Members of the foundation include World War II veterans, and advisors
from the office of veterans affairs, the superintendent of public instruction,
and the secretary of state. The legislature intends to honor the veterans who
served in World War II and their supportive families by preserving their
memories so Washington's school children will never forget the significant
human costs of war and the efforts of their ancestors to preserve and protect
our country and the world from tyranny. The legislature further intends that
members of the World War II memorial educational foundation have a
strong advisory role in the preservation of those memories and the creation
of instructional materials on the war." [2000 c 112 § 1.]
[Title 28A RCW—page 89]
28A.300.380
Title 28A RCW: Common School Provisions
28A.300.380
28A.300.380 Career and technical student organizations—Support services. (1) The superintendent of public
instruction shall maintain support for statewide coordination
for career and technical student organizations by providing
program staff support that is available to assist in meeting the
needs of career and technical student organizations and their
members and students. The superintendent shall provide at
least one full-time equivalent program staff for purposes of
implementing this section. The superintendent may provide
additional support to the organizations through contracting
with independent coordinators.
(2) Career and technical student organizations eligible
for technical assistance and other support services under this
section are organizations recognized as career and technical
student organizations by:
(a) The United States department of education; or
(b) The superintendent of public instruction, if such recognition is recommended by the Washington association for
career and technical education.
(3) Career and technical student organizations eligible
for technical assistance and other support services under this
section include, but are not limited to: The national FFA
organization; family, career, and community leaders of
America; skillsUSA; distributive education clubs of America; future business leaders of America; and the technology
student association. [2000 c 84 § 2.]
Findings—2000 c 84: "(1) The legislature finds that career and technical student organizations:
(a) Prepare students for career experiences beyond high school;
(b) Help students develop personal, leadership, technical, and occupational skills;
(c) Are an integral component of vocational technical instruction programs; and
(d) Directly help students achieve state learning goals, especially goals
three and four with respect to critical thinking, problem solving, and decision-making skills.
(2) The legislature finds that career and technical student organizations
are best situated to fulfill their important purpose if they are in existence pursuant to statute and receive ongoing assistance and support from the office of
superintendent of public instruction." [2000 c 84 § 1.]
28A.300.390
28A.300.390 Washington civil liberties public education program—Findings. The legislature finds that:
(1) In order to adequately prepare our youth for their
meaningful participation in our democratic institutions and
processes, there must be strong educational resources aimed
at teaching students and the public about the fragile nature of
our constitutional rights.
(2) The federal commission on wartime relocation and
internment of civilians was established by congress in 1980
to review the facts and circumstances surrounding executive
order 9066, issued on February 19, 1942, and the impact of
the executive order on American citizens and permanent residents, and to recommend appropriate remedies.
The commission of [on] wartime relocation and internment of civilians issued a report of its findings in 1983 with
the reports "Personal Justice Denied" and "Personal Justice
Denied-Part II, Recommendations." The reports were based
on information gathered through twenty days of hearings in
cities across the country, particularly the west coast. Testimony was heard from more than seven hundred fifty witnesses, including evacuees, former government officials,
public figures, interested citizens, historians, and other pro[Title 28A RCW—page 90]
fessionals who have studied the internment of JapaneseAmericans during World War II.
(3) The lessons to be learned from the internment of Japanese-Americans during World War II are embodied in "Personal Justice Denied-Part II, Recommendations" which
found that executive order 9066 was not justified by military
necessity, and the decisions that followed from it were not
founded upon military considerations. These decisions
included the exclusion and detention of American citizens
and resident aliens of Japanese descent. The broad historical
causes that shaped these decisions were race prejudice, war
hysteria, and a failure of political leadership. Widespread
ignorance about Americans of Japanese descent contributed
to a policy conceived in haste and executed in an atmosphere
of fear and anger at Japan. A grave personal injustice was
done to the American citizens and resident aliens of Japanese
ancestry who, without individual review or any probative evidence against them were excluded, removed, and detained by
the United States during World War II.
(4) A grave injustice was done to both citizens and permanent residents of Japanese ancestry by the evacuation,
relocation, and internment of civilians during World War II.
These actions were carried out without adequate security reasons and without any documented acts of espionage or sabotage, and were motivated largely by racial prejudice, wartime
hysteria, and a failure of political leadership. The excluded
individuals of Japanese ancestry suffered enormous damages,
both material and intangible, and there were incalculable
losses in education and job training, all of which resulted in
significant human suffering for which appropriate compensation has not been made. For these fundamental violations of
the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the United States congress apologized on behalf of the nation in the federal civil liberties act
of 1988. [2000 c 210 § 1.]
28A.300.395
28A.300.395 Washington civil liberties public education program—Intent. The legislature intends to develop a
grant program to fund public educational activities and development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of
civilians and permanent resident aliens of Japanese ancestry
will be remembered, and so that the causes and circumstances
of this and similar events may be illuminated and understood.
[2000 c 210 § 2.]
28A.300.400
28A.300.400 Washington civil liberties public education program—Definition. As used in RCW 28A.300.390
through 28A.300.415, "program" means the Washington
civil liberties public education program, unless the context
clearly requires otherwise. [2000 c 210 § 3.]
28A.300.405
28A.300.405 Washington civil liberties public education program—Created—Purpose. Consistent with the
legislative findings in RCW 28A.300.390, the legislature
shall establish the Washington civil liberties public education
program. The program provides grants for the purpose of
establishing a legacy of remembrance as part of a continuing
process of recovery from the World War II exclusion and
(2004 Ed.)
Superintendent of Public Instruction
detention of individuals of Japanese ancestry. The program is
created to do one or both of the following:
(1) Educate the public regarding the history and the lessons of the World War II exclusion, removal, and detention
of persons of Japanese ancestry through the development,
coordination, and distribution of new educational materials
and the development of curriculum materials to complement
and augment resources currently available on this subject
matter; and
(2) Develop videos, plays, presentations, speaker
bureaus, and exhibitions for presentation to elementary
schools, secondary schools, community colleges, and to other
interested parties. [2000 c 210 § 4.]
28A.300.410
28A.300.410 Washington civil liberties public education program—Grants—Acceptance of gifts, grants, or
endowments. (1) The superintendent of public instruction
shall allocate grants under the program established in RCW
28A.300.390 through 28A.300.415 from private donations or
within amounts appropriated for this specific purpose. The
grants shall be awarded on a competitive basis.
(2) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the
superintendent of public instruction based on grant applications.
(3) The superintendent of public instruction shall select
grant recipients from applicants who meet all of the following criteria:
(a) The capability to administer and complete the proposed project within specified deadlines and within the specified budget;
(b) The experience, knowledge, and qualifications necessary to conduct quality educational activities regarding the
exclusion and detention of Japanese-Americans during
World War II;
(c) Projects that relate the Japanese-American exclusion
and detention experience with civil rights included in the
Declaration of Independence and the Constitution so that this
event may be illuminated and understood in order to prevent
similar violations of civil rights in the future;
(d) Projects that are designed to maximize the long-term
educational impact of this chapter;
(e) Projects that build upon, contribute to, and expand
upon the existing body of educational and research materials
on the exclusion and detention of Japanese-Americans during
World War II; and
(f) Projects that include the variety of experiences
regarding the exclusion and detention of Japanese-Americans
and its impact before, during, and after World War II including those Japanese-Americans who served in the military and
those who were interned in department of justice camps.
(4) Applicants for grants under the program are encouraged to do each of the following:
(a) Involve former detainees, those excluded from the
military area, and their descendants in the development and
implementation of projects;
(b) Develop a strategy and plan for raising the level of
awareness and understanding among the American public
regarding the exclusion and detention of Japanese-Americans
(2004 Ed.)
28A.300.412
during World War II so that the causes and circumstances of
this and similar events may be illuminated and understood;
(c) Develop a strategy and plan for reaching the broad,
multicultural population through project activities;
(d) Develop local and regional consortia of organizations
and individuals engaged in similar educational, research, and
development efforts;
(e) Coordinate and collaborate with organizations and
individuals engaging in similar educational, research, and
development endeavors to maximize the effect of grants;
(f) Utilize creative and innovative methods and
approaches in the research, development, and implementation of their projects;
(g) Seek matching funds, in-kind contributions, or other
sources of support to supplement their proposal;
(h) Use a variety of media, including new technology,
and the arts to creatively and strategically appeal to a broad
audience while enhancing and enriching community-based
educational efforts;
(i) Include in the grant application, scholarly inquiry
related to the variety of experiences and impact of the exclusion and detention of persons of Japanese ancestry during
World War II; and
(j) Add relevant materials to or catalogue relevant materials in libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides,
oral histories, and other resource directories and supporting
the continued development of scholarly work on this subject
by making a broad range of archival, library, and research
materials more accessible to the American public.
(5) The superintendent of public instruction may adopt
other criteria as it deems appropriate for its review of grant
proposals. In reviewing projects for funding, scoring shall be
based on an evaluation of all application materials including
narratives, attachments, support letters, supplementary materials, and other materials that may be requested of applicants.
(6)(a) In the review process, the superintendent of public
instruction shall assign the following order of priority to the
criteria set forth in subsection (3) of this section:
(i) Subsection (3)(a) through (d) of this section, inclusive, shall be given highest priority; and
(ii) Subsection (3)(e) through [and] (f) of this section,
inclusive, shall be given second priority.
(b) The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants
to determine the projects that would best fulfill its program
and mission. Final grant awards may be for the full amount of
the grant requests or for a portion of the grant request.
(7) The superintendent of public instruction shall determine the types of applicants eligible to apply for grants under
this program.
(8) The office may accept gifts, grants, or endowments
from public or private sources for the program and may spend
any gifts, grants, or endowments or income from public or
private sources according to their terms. [2000 c 210 § 5.]
28A.300.412 Washington civil liberties public education program—Report. On or before January 1, 2002, the
superintendent of public instruction shall report to the governor and the appropriate fiscal and policy committees of each
house of the legislature on the types of grants awarded and
28A.300.412
[Title 28A RCW—page 91]
28A.300.415
Title 28A RCW: Common School Provisions
the accomplishments of the program established under RCW
28A.300.390 through 28A.300.410. [2000 c 210 § 6.]
28A.300.415
28A.300.415 Washington civil liberties public education program—Short title. RCW 28A.300.390 through
28A.300.415 shall be known as the Washington civil liberties
public education act. [2000 c 210 § 7.]
28A.300.420
28A.300.420 Student court programs. The office of
the superintendent of public instruction shall encourage
school districts to implement, expand, or use student court
programs for students who commit violations of school rules
and policies. Program operations of student courts may be
funded by government and private grants. Student court programs are limited to those that:
(1) Are developed using the guidelines for creating and
operating student court programs developed by nationally
recognized student court projects;
(2) Target violations of school rules by students enrolled
in public or private school; and
(3) Emphasize the following principles:
(a) Youth must be held accountable for their problem
behavior;
(b) Youth must be educated about the impact their
actions have on themselves and others including the school,
school personnel, their classmates, their families, and their
community;
(c) Youth must develop skills to resolve problems with
their peers more effectively; and
(d) Youth should be provided a meaningful forum to
practice and enhance newly developed skills. [2002 c 237 §
17.]
28A.300.430
28A.300.430 Collaboration with children's system of
care demonstration sites. It is the expectation of the legislature that local school districts shall collaborate with each
children's system of care demonstration site established
under RCW 74.55.010. [2002 c 309 § 6.]
28A.300.440
28A.300.440 Natural science, wildlife, and environmental education grant program. (1) The natural science,
wildlife, and environmental education grant program is
hereby created, subject to the availability of funds in the natural science, wildlife, and environmental education partnership account. The program is created to promote proven and
innovative natural science, wildlife, and environmental education programs that are fully aligned with the state's essential academic learning requirements, and includes but is not
limited to instruction about renewable resources, responsible
use of resources, and conservation.
(2) The superintendent of public instruction shall establish and publish funding criteria for environmental, natural
science, wildlife, forestry, and agricultural education grants.
The office of [the] superintendent of public instruction shall
involve a cross-section of stakeholder groups to develop
socially, economically, and environmentally balanced funding criteria. These criteria shall be based on compliance with
the essential academic learning requirements and use methods that encourage critical thinking. The criteria must also
include environmental, natural science, wildlife, forestry, and
[Title 28A RCW—page 92]
agricultural education programs with one or more of the following features:
(a) Interdisciplinary approaches to environmental, natural science, wildlife, forestry, and agricultural issues;
(b) Programs that target underserved, disadvantaged, and
multicultural populations;
(c) Programs that reach out to schools across the state
that would otherwise not have access to specialized environmental, natural science, wildlife, forestry, and agricultural
education programs;
(d) Proven programs offered by innovative community
partnerships designed to improve student learning and
strengthen local communities.
(3) Eligible uses of grants include, but are not limited to:
(a) Continuing in-service and preservice training for
educators with materials specifically developed to enable
educators to teach essential academic learning requirements
in a compelling and effective manner;
(b) Proven, innovative programs that align the basic subject areas of the common school curriculum in chapter
28A.230 RCW with the essential academic learning requirements; the basic subject areas should be integrated by using
environmental education, natural science, wildlife, forestry,
agricultural, and natural environment curricula to meet the
needs of various learning styles; and
(c) Support and equipment needed for the implementation of the programs in this section.
(4) Grants may only be disbursed to nonprofit organizations exempt from income tax under section 501(c) of the
federal internal revenue code that can provide matching
funds or in-kind services.
(5) Grants may not be used for any partisan or political
activities. [2003 c 22 § 3.]
Intent—2003 c 22: "(1) Effective, natural science, wildlife, and environmental education programs provide the foundation for the development
of literate children and adults, setting the stage for lifelong learning. Furthermore, integrating the basic subject areas of the common school curriculum in
chapter 28A.230 RCW through natural science, wildlife, and environmental
education offers many opportunities for achieving excellence in our schools.
Well-designed programs, aligned with the state's essential academic learning
requirements, contribute to the state's educational reform goals.
(2) Washington is fortunate to have institutions and programs that currently provide quality natural science, wildlife, and environmental education
and teacher training that is already aligned with the state's essential academic
learning requirements.
(3) The legislature intends to further the development of natural science, wildlife, and environmental education by establishing a competitive
grant program, funded through state moneys to the extent those moneys are
appropriated, or made available through other sources, for proven natural
science, wildlife, and environmental education programs that are fully
aligned with the state's essential academic learning requirements." [2003 c
22 § 1.]
28A.300.445
28A.300.445 Washington natural science, wildlife,
and environmental education partnership account. The
Washington natural science, wildlife, and environmental
education partnership account is hereby created in the custody of the state treasurer to provide natural science, wildlife,
and environmental education opportunities for teachers and
students to help achieve the highest quality of excellence in
education through compliance with the essential academic
learning requirements. Revenues to the account shall consist
of appropriations made by the legislature or other sources.
Grants and their administration shall be paid from the
(2004 Ed.)
Superintendent of Public Instruction
account. Only the superintendent of public instruction or the
superintendent's designee may authorize expenditures from
the account. The fund is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures. [2003 c 22 § 2.]
Intent—2003 c 22: See note following RCW 28A.300.440.
28A.300.450
28A.300.450 Financial literacy public-private partnership—Established. (1) A financial literacy public-private partnership is established, composed of up to four members representing the legislature, one from and appointed by
the office of the superintendent of public instruction, one
from and appointed by the department of financial institutions, up to four from the financial services sector, and four
educators. One or two members of the senate, one of whom
is a member of the senate committee on financial services,
insurance and housing, shall be appointed by the president of
the senate. One or two members of the house of representatives, one of whom is a member of the house committee on
financial institutions and insurance, shall be appointed by the
speaker of the house of representatives. The superintendent
of public instruction shall appoint the members from the
financial services sector and educator members. The chair of
the partnership shall be selected by the members of the partnership.
(2) To the extent funds are appropriated or are available
for this purpose, technical and logistical support may be provided by the office of the superintendent of public instruction, the organizations composing the partnership, and other
participants in the financial literacy public-private partnership. The superintendent of public instruction shall compile
the initial list of members and convene the first meeting of
the partnership.
(3) The members of the committee shall be appointed by
July 1, 2004.
(4) Legislative members of the partnership shall receive
per diem and travel under RCW 44.04.120.
(5) Travel and other expenses of members of the partnership shall be provided by the agency, association, or organization that member represents. [2004 c 247 § 2.]
Findings—Intent—2004 c 247: "The legislature recognizes that the
average high school student lacks a basic knowledge of personal finance. In
addition, the legislature recognizes the damaging effects of not properly preparing youth for the financial challenges of modern life, including bankruptcy, poor retirement planning, unmanageable debt, and a lower standard
of living for Washington families.
The legislature finds that the purpose of the state's system of public
education is to help students acquire the skills and knowledge they will need
to be productive and responsible 21st century citizens. The legislature further finds that responsible citizenship includes an ability to make wise financial decisions. The legislature further finds that financial literacy could easily be included in lessons, courses, and projects that demonstrate each student's understanding of the state's four learning goals, including goal four:
Understanding the importance of work and how performance, effort, and
decisions directly affect future opportunities.
The legislature intends to assist school districts in their efforts to ensure
that students are financially literate through identifying critical financial literacy skills and knowledge, providing information on instructional materials, and creating a public-private partnership to help provide instructional
tools and professional development to school districts that wish to increase
the financial literacy of their students." [2004 c 247 § 1.]
28A.300.455
28A.300.455 Financial literacy public-private partnership responsibilities—Definition of financial liter(2004 Ed.)
28A.300.465
acy—Strategies—Report. (1) By September 30, 2004, the
financial literacy public-private partnership shall adopt a definition of financial literacy to be used in educational efforts.
(2) By June 30, 2005, the financial literacy public-private partnership shall identify strategies to increase the financial literacy of public school students in our state. To the
extent funds are available, strategies to be considered by the
partnership shall include, but not be limited to:
(a) Identifying and making available to school districts:
(i) Important financial literacy skills and knowledge;
(ii) Ways in which teachers at different grade levels may
integrate financial literacy in mathematics, social studies, and
other course content areas;
(iii) Instructional materials and programs, including
schoolwide programs, that include the important financial literacy skills and knowledge;
(iv) Assessments and other outcome measures that
schools and communities may use to determine whether students are financially literate; and
(v) Other strategies for expanding and increasing the
quality of financial literacy instruction in public schools,
including professional development for teachers;
(b) Developing a structure and set of operating principles
for the financial literacy public-private partnership to assist
interested school districts in improving the financial literacy
of their students by providing such things as financial literacy
instructional materials and professional development; and
(c) Providing a report to the governor, the house and senate financial institutions and education committees of the legislature, the superintendent of public instruction, the state
board of education, and education stakeholder groups, on the
results of work of the financial literacy public-private partnership. A final report shall be submitted to the same parties
by June 30, 2007. [2004 c 247 § 3.]
F ind ing s— Inte nt— 2 004 c 24 7: See n ot e fol l ow i ng RC W
28A.300.450.
28A.300.460
28A.300.460 Financial literacy public-private partnership responsibilities. The task of the financial literacy
public-private partnership is to seek out and determine the
best methods of equipping students with the knowledge and
skills they need, before they become self-supporting, in order
for them to make critical decisions regarding their personal
finances. The components of personal financial literacy
examined shall include, at a minimum, consumer financial
education, personal finance, and personal credit. The partnership shall identify the types of outcome measures
expected from participating students, in accordance with the
definitions and outcomes developed under RCW
28A.300.455. [2004 c 247 § 5.]
F ind ing s— Inte nt— 2 004 c 24 7: See n ot e fol l ow i ng RC W
28A.300.450.
28A.300.465
28A.300.465 Financial literacy public-private partnership account created. The Washington financial literacy
public-private partnership account is hereby created in the
custody of the state treasurer. The purpose of the account is
to support the financial literacy public-private partnership,
and to provide financial literacy opportunities for students
and financial literacy professional development opportunities
for the teachers providing those educational opportunities.
[Title 28A RCW—page 93]
28A.300.470
Title 28A RCW: Common School Provisions
Revenues to the account may include gifts from the private
sector, federal funds, and any appropriations made by the legislature or other sources. Grants and their administration
shall be paid from the account. Only the superintendent of
public instruction or the superintendent's designee may
authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but
an appropriation is not required for expenditures. [2004 c
247 § 6.]
F ind ing s— Inte nt— 20 04 c 24 7: See n ot e fol l ow i ng RC W
28A.300.450.
28A.300.470
28A.300.470 Financial literacy public-private partnership—Expiration. The financial literacy public-private
partnership expires June 30, 2007. [2004 c 247 § 7.]
F ind ing s— Inte nt— 20 04 c 24 7: See n ot e fol l ow i ng RC W
28A.300.450.
28A.300.800
28A.300.800 Education of school-age children in
short-term foster care—Working group—Recommendations to legislature. (1) Within existing resources, the
department of social and health services, in cooperation with
the office of the superintendent of public instruction, shall
convene a working group to prepare a plan for the legislature
which addresses educational stability and continuity for
school-age children who enter into short-term foster care.
The working group shall be comprised of representatives
from:
(a) The children's administration of the department of
social and health services;
(b) The special education, transportation, and apportionment divisions of the office of the superintendent of public
instruction;
(c) The Washington state institute for public policy;
(d) School districts;
(e) Organizations that regularly advocate for foster children;
(f) Foster parents; and
(g) Other individuals with related expertise as deemed
appropriate by the working group.
(2)(a) The working group shall develop a plan for assuring that the best interests of the child are a primary consideration in the school placement of a child in short-term foster
care. The plan must:
(i) Determine the current status of school placement for
children placed in short-term foster care;
(ii) Identify options and possible funding sources from
existing resources which could be made available to assure
that children placed in short-term foster care are able to
remain in the school where they were enrolled prior to placement;
(iii) Submit recommendations to the legislature by
November 1, 2002, to assure the best interest of the child
receives primary consideration in school placement decisions.
(b) The plan shall be developed within existing
resources. [2002 c 326 § 1.]
Effective date—2002 c 326: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 326 § 3.]
[Title 28A RCW—page 94]
Chapter 28A.305
Chapter 28A.305 RCW
STATE BOARD OF EDUCATION
Sections
28A.305.010 Composition of board.
28A.305.020 Call and notice of elections.
28A.305.030 Elections in new congressional districts—Call and conduct
of—Member terms—Transitional measures to reduce
number of members from each district.
28A.305.040 Declarations of candidacy—Qualifications of candidates—
Members restricted from service on local boards—Forfeiture of office.
28A.305.050 Qualifications of voters—Ballots—Voting instructions—
Candidates' biographical data.
28A.305.060 Election procedure—Certificate.
28A.305.070 Action to contest election—Grounds—Procedure.
28A.305.080 Terms of office.
28A.305.090 Vacancies, filling.
28A.305.100 Superintendent as ex officio member and chief executive
officer of board.
28A.305.110 Executive director—Secretary of board.
28A.305.120 Meetings—Compensation and travel expenses of members.
28A.305.130 Powers and duties generally.
28A.305.140 Waiver from provisions of RCW 28A.150.200 through
28A.150.220 authorized.
28A.305.145 Application process for waivers under RCW 28A.305.140.
28A.305.160 Rules incorporating due process guarantees of pupils—Informal due process procedures when suspension of students.
28A.305.170 Rules authorizing national guard high school career training
and national guard youth challenge program.
28A.305.190 Eligibility to take general educational development test.
28A.305.200 Seal.
28A.305.210 Assistance of educational service district boards and superintendents—Scope.
28A.305.220 Development of standardized high school transcripts—
School districts to inform students of importance.
Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035.
Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300.
Reimbursement for substitute if employee serves state board or superintendent: RCW 28A.300.035.
28A.305.010
28A.305.010 Composition of board. The state board
of education shall be comprised of one member from each
congressional district of the state, not including any congressional district at large, elected by the members of the boards
of directors of school districts thereof, as hereinafter in this
chapter provided, the superintendent of public instruction and
one member elected at large, as provided in this chapter, by
the members of the boards of directors of all private schools
in the state meeting the requirements of RCW 28A.195.010.
The member representing private schools shall not vote on
matters affecting public schools. If there is a dispute about
whether or not an issue directly affects public schools, the
dispute shall be settled by a majority vote of the other members of the board. [1992 c 56 § 1; 1990 c 33 § 257; 1988 c
255 § 1; 1980 c 179 § 1; 1969 ex.s. c 223 § 28A.04.010. Prior:
1955 c 218 § 1; 1947 c 258 § 1; 1925 ex.s. c 65 § 1; 1909 c 97
p 234 § 1; RRS § 4525; prior: 1907 c 240 § 2; 1901 c 177 §
6; 1897 c 118 § 24; 1890 p 352 § 6; Code 1881 § 3163. Formerly RCW 28A.04.010, 28.04.010, 43.63.010.]
Severability—1988 c 255: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 255 § 4.]
Severability—1980 c 179: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 179 § 8.]
(2004 Ed.)
State Board of Education
28A.305.020
28A.305.020 Call and notice of elections. Not later
than the twenty-fifth day of August of each year, the superintendent of public instruction shall call for the following elections to be held: An election in each congressional district
within which resides a member of the state board of education whose term of membership will end on the second Monday of January next following, and an election of the member
of the state board of education representing private schools if
the term of membership will end on the second Monday of
January next following. The superintendent of public instruction shall give written notice thereof to each member of the
board of directors of each common school district in such
congressional district, and to the chair of the board of directors of each private school who shall distribute said notice to
each member of the private school board. Such notice shall
include the election calendar and rules and regulations established by the superintendent of public instruction for the conduct of the election. [1990 c 33 § 258; 1988 c 255 § 2; 1981
c 38 § 1; 1969 ex.s. c 223 § 28A.04.020. Prior: 1955 c 218 §
2; 1947 c 258 § 2; Rem. Supp. 1947 § 4525-1. Formerly
RCW 28A.04.020, 28.04.020, 43.63.020.]
Severability—1988 c 255: See note following RCW 28A.305.010.
Severability—1981 c 38: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 38 § 5.]
28A.305.030
28A.305.030 Elections in new congressional districts—Call and conduct of—Member terms—Transitional measures to reduce number of members from each
district. (1) Whenever any new and additional congressional
district is created, except a congressional district at large, the
superintendent of public instruction shall call an election in
such district at the time of making the call provided for in
RCW 28A.305.020. Such election shall be conducted as other
elections provided for in this chapter. At the first such election one member of the state board of education shall be
elected for a term of four years.
(2) The terms of office of members of the state board of
education who are elected from the various congressional
districts shall not be affected by the creation of either new or
new and additional districts. In such an event, each board
member may continue to serve in office for the balance of the
term for which he or she was elected or appointed: PROVIDED, That the board member continues to reside within
the boundaries of the congressional district as they existed at
the time of his or her election or appointment. Vacancies
which occur in a board member position during the balance
of an y such term shall be filled pursu ant to RCW
28A.305.090 by a successor who resides within the boundaries of the congressional district from which the member
whose office was vacated was elected as they existed at the
time of his or her election. At the election immediately preceding expiration of the term of office of each board member
provided for in this subsection following the creation of
either new or new and additional congressional districts, and
thereafter, a successor shall be elected from the congressional
district which corresponds in number with the congressional
district from which the incumbent was appointed or elected.
(3) Notwithstanding any other provision of this section
or chapter, in order to reduce the number of state board of
(2004 Ed.)
28A.305.040
education members elected from each congressional district
from two members to one member the following transitional
measures shall govern board member terms, elections, and
voting:
(a) The terms of office for each of the sixteen state board
of education members and positions representing the first
through the eighth congressional districts shall terminate in a
sequence commencing with the terms of the four members
and positions representing the third and sixth congressional
districts as of the second Monday of January 1993, followed
by the terms of the six members and positions representing
the first, fourth, and seventh congressional districts as of the
second Monday of January 1994, and ending with the termination of the terms of the six members and positions representing the second, fifth, and eighth congressional districts as
of the second Monday of January 1995;
(b) An election shall be conducted under RCW
28A.305.040 through 28A.305.060 each year preceding the
termination of one or more terms under (a) of this subsection
for the purpose of electing one state board of education member from each correspondingly numbered congressional district for a term of four years;
(c) If for any reason a vacancy occurs in one of two positions representing a congressional district before the termination of the term for the position under (a) of this subsection,
no replacement may be appointed or elected and the position
shall be deemed eliminated; and
(d) During the transition period from the second Monday
of January 1993, to the second Monday of January 1995, a
vote on any matter before the state board of education by any
one of two members representing the same congressional district shall be equal to one-half [of] a vote and a vote by any
other member shall be equal to one full vote. Thereafter, the
vote of each member shall be equal to one full vote. [1992 c
56 § 3; 1990 c 33 § 259; 1982 1st ex.s. c 7 § 1; 1969 ex.s. c
223 § 28A.04.030. Prior: 1955 c 218 § 3. Formerly RCW
28A.04.030, 28.04.030, 43.63.021.]
Severability—1982 1st ex.s. c 7: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 1st ex.s. c 7 § 3.]
28A.305.040
28A.305.040 Declarations of candidacy—Qualifications of candidates—Members restricted from service on
local boards—Forfeiture of office. (1) Candidates for
membership on the state board of education shall file declarations of candidacy with the superintendent of public instruction on forms prepared by the superintendent. Declarations of
candidacy may be filed by person or by mail not earlier than
the first day of September, or later than the sixteenth day of
September. The superintendent of public instruction may not
accept any declaration of candidacy that is not on file in the
superintendent's office or is not postmarked before the seventeenth day of September, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first
day of September. No person employed in any school, college, university, or other educational institution or any educational service district superintendent's office or in the office
of superintendent of public instruction shall be eligible for
membership on the state board of education and each member elected who is not representative of the private schools in
[Title 28A RCW—page 95]
28A.305.050
Title 28A RCW: Common School Provisions
this state and thus not running-at-large must be a resident of
the congressional district from which he or she was elected.
No member of a board of directors of a local school district or
private school shall continue to serve in that capacity after
having been elected to the state board.
(2) The prohibitions against membership upon the board
of directors of a school district or school and against employment, as well as the residence requirement, established by
this section, are conditions to the eligibility of state board
members to serve as such which apply throughout the terms
for which they have been elected or appointed. Any state
board member who hereafter fails to meet one or more of the
conditions to eligibility shall be deemed to have immediately
forfeited his or her membership upon the board for the balance of his or her term: PROVIDED, That such a forfeiture
of office shall not affect the validity of board actions taken
prior to the date of notification to the board during an open
public meeting of the violation. [1990 c 33 § 260; 1982 1st
ex.s. c 7 § 2; 1980 c 179 § 4; 1975 1st ex.s. c 275 § 49; 1971
c 48 § 1; 1969 ex.s. c 223 § 28A.04.040. Prior: 1967 ex.s. c
67 § 6; 1955 c 218 § 5. Formerly RCW 28A.04.040,
28.04.040, 43.63.023.]
Severability—1982 1st ex.s. c 7: See note following RCW
28A.305.030.
Severability—1980 c 179: See note following RCW 28A.305.010.
Severability—1971 c 48: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 c 48 § 55.]
28A.305.050
28A.305.050 Qualifications of voters—Ballots—Voting instructions—Candidates' biographical data. Each
member of the board of directors of each school district in
each congressional district shall be eligible to vote for the
candidates who reside in his or her congressional district.
Each chair of the board of directors of each eligible private
school shall cast a vote for the candidate receiving a majority
in an election to be held as follows: Each member of the
board of directors of each eligible private school shall vote
for candidates representing the private schools in an election
of the board, the purpose of which is to determine the board's
candidate for the member representing private schools on the
state board. Not later than the first day of October the superintendent of public instruction shall mail to each member of
each common school district board of directors and to each
chair of the board of directors of each private school, the
proper ballot and voting instructions for his or her congressional district together with biographical data concerning
each candidate listed on such ballot, which data shall have
been prepared by the candidate. [1990 c 33 § 261; 1988 c 255
§ 3; 1981 c 38 § 2; 1969 ex.s. c 223 § 28A.04.050. Prior:
1955 c 218 § 6. Formerly RCW 28A.04.050, 28.04.050,
43.63.025.]
Severability—1988 c 255: See note following RCW 28A.305.010.
Severability—1981 c 38: See note following RCW 28A.305.020.
28A.305.060
28A.305.060 Election procedure—Certificate. Each
member of the state board of education shall be elected by a
majority of the electoral points accruing from all the votes
cast at the election for all candidates for the position. All
votes shall be cast by mail addressed to the superintendent of
[Title 28A RCW—page 96]
public instruction and no votes shall be accepted for counting
if postmarked after the sixteenth day of October, or if not
postmarked or the postmark is not legible, if received by mail
after the twenty-first day of October following the call of the
election. The superintendent of public instruction and an
election board comprised of three persons appointed by the
state board of education shall count and tally the votes and
the electoral points accruing therefrom not later than the
twenty-fifth day of October. The votes shall be counted and
tallied and electoral points determined in the following manner for the ballot cast by common school district board directors: Each vote cast by a school director shall be accorded as
many electoral points as there are enrolled students in that
director's school district as determined by the enrollment
reports forwarded to the state superintendent of public
instruction for apportionment purposes for the month of September of the year of election: PROVIDED, That school
directors from a school district which has more than five
directors shall have their electoral points based upon enrollment recomputed by multiplying such number by a fraction,
the denominator of which shall be the number of directors in
such district, and the numerator of which shall be five; the
electoral points shall then be tallied for each candidate as the
votes are counted; and it shall be the majority of electoral
points which determines the winning candidate. The votes
shall be counted and electoral points determined in the following manner for the ballots cast by chairs of the board of
directors of each private school: Each vote cast by a private
school board shall be accorded as many electoral points as the
number of enrolled students in the respective school as determined by enrollment reports forwarded to the superintendent
of public instruction for the month of September in the year
previous to the year of election and it shall be the majority of
electoral points which determines the winning candidate. If
no candidate receives a majority of the electoral points cast,
then, not later than the first day of November, the superintendent of public instruction shall call a second election to be
conducted in the same manner and at which the candidates
shall be the two candidates receiving the highest number of
electoral points accruing from such votes cast. No vote cast at
such second election shall be received for counting if postmarked after the sixteenth day of November, or if not postmarked or the postmark is not legible, if received by mail
after the twenty-first day of November and the votes shall be
counted as hereinabove provided on the twenty-fifth day of
November. The candidate receiving a majority of electoral
points accruing from the votes at any such second election
shall be declared elected. In the event of a tie in such second
election, the candidate elected shall be determined by a
chance drawing of a nature established by the superintendent
of public instruction. Within ten days following the count of
votes in an election at which a member of the state board of
education is elected, the superintendent of public instruction
shall certify to the secretary of state the name or names of the
persons elected to be members of the state board of education. [1990 c 33 § 262; 1981 c 38 § 3; 1980 c 179 § 5; 1975
c 19 § 2; 1969 ex.s. c 283 § 25; 1969 ex.s. c 223 §
28A.04.060. Prior: 1967 c 158 § 1; 1955 c 218 § 4; 1947 c
258 § 3; Rem. Supp. 1947 § 4525-2. Formerly RCW
28A.04.060, 28.04.060, 43.63.030.]
Severability—1981 c 38: See note following RCW 28A.305.020.
(2004 Ed.)
State Board of Education
Severability—1980 c 179: See note following RCW 28A.305.010.
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28A.305.070
28A.305.070 Action to contest election—Grounds—
Procedure. Any common school district board member or
any private school board member eligible to vote for a candidate for membership on the state board of education or any
candidate for the position, within ten days after the state
superintendent of public instruction's certification of election,
may contest the election of the candidate for any of the following causes:
(1) For malconduct on the part of the state superintendent of public instruction or any member of the election
board with respect to such election;
(2) Because the person whose right is being contested
was not eligible for membership on the state board of education at the time the person was certified as elected;
(3) Because the person whose right is being contested
gave a bribe or reward to a voter or to an inspector, judge or
clerk of the election for the purpose of procuring the person's
election, or offered to do so;
(4) On account of illegal votes.
An action contesting an election pursuant to this section
shall be conducted in compliance with *RCW 29.65.020 and
29.65.040 through 29.65.120, as now or hereafter amended.
[1980 c 179 § 6; 1975 c 19 § 1. Formerly RCW 28A.04.065.]
*Reviser's note: RCW 29.65.020 and 29.65.040 through 29.65.120
were recodified as RCW 29A.68.030 and 29A.68.040 through 29A.68.120
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
Severability—1980 c 179: See note following RCW 28A.305.010.
28A.305.080
28A.305.080 Terms of office. The term of office of
each member of the state board of education shall begin on
the second Monday in January next following the election at
which he or she was elected, and he or she shall hold office
for the term for which he or she was elected and until his or
her successor is elected and qualified. Except as otherwise
provided in RCW 28A.305.030, each member of the state
board of education shall be elected for a term of four years.
[1992 c 56 § 2; 1990 c 33 § 263; 1969 ex.s. c 223 §
28A.04.070. Prior: 1955 c 218 § 7; 1947 c 258 § 9; Rem.
Supp. 1947 § 4525-8. Formerly RCW 28A.04.070,
28.04.070, 43.63.090.]
28A.305.090
28A.305.090 Vacancies, filling. Whenever there shall
be a vacancy upon the state board of education, from any
cause whatever, it shall be the duty of the remaining members
of the board to fill such vacancy by appointment, and the person so appointed shall continue in office until his or her successor has been specially elected, as hereinafter in this section provided, and has qualified. Whenever a vacancy occurs,
the superintendent of public instruction shall call, in the
month of August next following the date of the occurrence of
such vacancy, a special election to be held in the same manner as other elections provided for in this chapter, at which
election a successor shall be elected to hold office for the
unexpired term of the member whose office was vacated.
[1990 c 33 § 264; 1969 ex.s. c 223 § 28A.04.080. Prior: 1955
c 218 § 8; 1947 c 258 § 10; Rem. Supp. 1947 § 4525-9. Formerly RCW 28A.04.080, 28.04.080, 43.63.100.]
(2004 Ed.)
28A.305.120
28A.305.100
28A.305.100 Superintendent as ex officio member
and chief executive officer of board. The state board of
education shall annually elect a president and vice president.
The superintendent of public instruction shall be an ex officio
member and the chief executive officer of the board. As such
ex officio member the superintendent shall have the right to
vote only when there is a question before the board upon
which no majority opinion has been reached among the board
members present and voting thereon and the superintendent's
vote is essential for action thereon. The superintendent, as
chief executive officer of the board, shall furnish all necessary record books and forms for its use, and shall represent
the board in directing the work of school inspection. [1982 c
160 § 1; 1969 ex.s. c 223 § 28A.04.090. Prior: 1967 c 158 §
2; 1909 c 97 p 235 § 2; RRS § 4526. Formerly RCW
28A.04.090, 28.04.090, 43.63.110.]
Severability—1982 c 160: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 160 § 4.]
28A.305.110
28A.305.110 Executive director—Secretary of
board. The state board of education may appoint an executive director who shall also serve as secretary of the board.
The state board of education may also appoint other state
board office assistants and clerical persons to perform duties
in support of the activities of the state board and such other
duties including duties involving supervision over matters
pertaining to the public schools as the superintendent of public instruction may delegate to the state board. The secretary
shall keep a correct record of board proceedings and, upon
request, furnish to any person a copy of such proceedings.
The executive director, his or her confidential secretary, and
administrative assistants in the offices of the state board of
education and superintendent of public instruction designated
by the superintendent are exempt from civil service, together
with other staff as now or hereafter designated as exempt in
accordance with chapter 41.06 RCW. [1996 c 25 § 1; 1990 c
33 § 265; 1982 c 160 § 3; 1969 ex.s. c 223 § 28A.04.100.
Prior: 1909 c 97 p 235 § 3; RRS § 4527. Formerly RCW
28A.04.100, 28.04.100, 43.63.120.]
Severability—1982 c 160: See note following RCW 28A.305.100.
Records of meetings kept by superintendent of public instruction: RCW
28A.300.040.
28A.305.120
28A.305.120 Meetings—Compensation and travel
expenses of members. The state board of education shall
hold an annual meeting and such other regular meetings at
such time and place within the state as the board shall determine and may hold such special meetings as may be deemed
necessary for the transaction of public business, such special
meetings to be called by the superintendent of public instruction, or by a majority of the board. The persons serving as
members of the state board of education shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed by the superintendent of public instruction for travel
expenses in accordance with RCW 43.03.050 and 43.03.060
incurred in the performance of their duties which expenses
shall be paid by the state treasurer on warrants out of funds
appropriated or otherwise available, upon the order of the
superintendent. [1984 c 287 § 60; 1975-'76 2nd ex.s. c 34 §
[Title 28A RCW—page 97]
28A.305.130
Title 28A RCW: Common School Provisions
67; 1973 c 106 § 13; 1969 ex.s. c 223 § 28A.04.110. Prior:
1909 c 97 p 235 § 4; RRS § 4528. Formerly RCW
28A.04.110, 28.04.110, 43.63.130.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Records of meetings kept by superintendent of public instruction: RCW
28A.300.040.
State treasurer to issue state warrants: RCW 43.88.160.
28A.305.130
28A.305.130 Powers and duties generally. In addition
to any other powers and duties as provided by law, the state
board of education shall:
(1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized
personnel certification offered by all institutions of higher
education within the state which may be accredited and
whose graduates may become entitled to receive such certification.
(2) Conduct every five years a review of the program
approval standards, including the minimum standards for
teachers, administrators, and educational staff associates, to
reflect research findings and assure continued improvement
of preparation programs for teachers, administrators, and
educational staff associates.
(3) Investigate the character of the work required to be
performed as a condition of entrance to and graduation from
any institution of higher education in this state relative to
such certification as provided for in subsection (1) of this section, and prepare a list of accredited institutions of higher
education of this and other states whose graduates may be
awarded such certificates.
(4)(a) The state board of education shall adopt rules to
allow a teacher certification candidate to fulfill, in part,
teacher preparation program requirements through work
experience as a classified teacher's aide in a public school or
pri va te s chool meet ing the requi reme nt s of R CW
28A.195.010. The rules shall include, but are not limited to,
limitations based upon the recency of the teacher preparation
candidate's teacher aide work experience, and limitations
based on the amount of work experience that may apply
toward teacher preparation program requirements under this
chapter.
(b) The state board of education shall require that at the
time of the individual's enrollment in a teacher preparation
program, the supervising teacher and the building principal
shall jointly provide to the teacher preparation program of the
higher education institution at which the teacher candidate is
enrolled, a written assessment of the performance of the
teacher candidate. The assessment shall contain such information as determined by the state board of education and
shall include: Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in
instructional activities with children under the supervision of
a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type
of work performed by the candidate; and a recommendation
of whether the candidate's work experience as a classified
teacher's aide should be substituted for teacher preparation
program requirements. In compliance with such rules as may
[Title 28A RCW—page 98]
be established by the state board of education under this section, the teacher preparation programs of the higher education
institution where the candidate is enrolled shall make the
final determination as to what teacher preparation program
requirements may be fulfilled by teacher aide work experience.
(5) Supervise the issuance of such certificates as provided for in subsection (1) of this section and specify the
types and kinds of certificates necessary for the several
departments of the common schools by rule or regulation in
accordance with RCW 28A.410.010.
(6) Accredit, subject to such accreditation standards and
procedures as may be established by the state board of education, all schools that apply for accreditation, and approve,
subject to the provisions of RCW 28A.195.010, private
schools carrying out a program for any or all of the grades
kindergarten through twelve: PROVIDED, That no private
school may be approved that operates a kindergarten program
only: PROVIDED FURTHER, That no public or private
schools shall be placed upon the list of accredited schools so
long as secret societies are knowingly allowed to exist among
its students by school officials: PROVIDED FURTHER,
That the state board may elect to require all or certain classifications of the public schools to conduct and participate in
such preaccreditation examination and evaluation processes
as may now or hereafter be established by the board.
(7) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary
program or any new grades in grades nine through twelve.
Before any such program or any new grades are established
the district must obtain prior approval of the state board.
(8) Prepare such outline of study for the common schools
as the board shall deem necessary, and prescribe such rules
for the general government of the common schools, as shall
seek to secure regularity of attendance, prevent truancy,
secure efficiency, and promote the true interest of the common schools.
(9) Continuously reevaluate courses and adopt and
enforce regulations within the common schools so as to meet
the educational needs of students and articulate with the institutions of higher education and unify the work of the public
school system.
(10) Carry out board powers and duties relating to the
organization and reorganization of school districts under
*RCW 28A.315.010 through 28A.315.680 and 28A.315.900.
(11) Hear and decide appeals as otherwise provided by
law.
The state board of education is given the authority to
promulgate information and rules dealing with the prevention
of child abuse for purposes of curriculum use in the common
schools. [2002 c 205 § 3; 1997 c 13 § 5; 1996 c 83 § 1; 1995
c 369 § 9; 1991 c 116 § 11; 1990 c 33 § 266. Prior: 1987 c
464 § 1; 1987 c 39 § 1; prior: 1986 c 266 § 86; 1986 c 149 §
3; 1984 c 40 § 2; 1979 ex.s. c 173 § 1; 1975-'76 2nd ex.s. c 92
§ 1; 1975 1st ex.s. c 275 § 50; 1974 ex.s. c 92 § 1; 1971 ex.s.
c 215 § 1; 1971 c 48 § 2; 1969 ex.s. c 223 § 28A.04.120;
prior: 1963 c 32 § 1; 1961 c 47 § 1; prior: (i) 1933 c 80 § 1;
1915 c 161 § 1; 1909 c 97 p 236 § 5; 1907 c 240 § 3; 1903 c
104 § 12; 1897 c 118 § 27; 1895 c 150 § 1; 1890 p 352 § 8;
Code 1881 § 3165; RRS § 4529. (ii) 1919 c 89 § 3; RRS §
4684. (iii) 1909 c 97 p 238 § 6; 1897 c 118 § 29; RRS § 4530.
(2004 Ed.)
State Board of Education
Formerly RCW 28A.04.120, 28.04.120, 28.58.280,
28.58.281, 28.58.282, 43.63.140.]
*Reviser's note: RCW 28A.315.010 through 28A.315.680 and
28A.315.900 were repealed or recodified by 1999 c 315.
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4:
See notes following RCW 28A.320.125.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1984 c 40: See note following RCW 28A.195.050.
Severability—1975-'76 2nd ex.s. c 92: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 92 § 6.]
Child abuse and neglect—Development of primary prevention program:
RCW 28A.300.160.
Districts to develop programs and establish programs regarding child abuse
and neglect prevention: RCW 28A.225.200.
28A.305.210
ble: PROVIDED, That the state board deems the interest of
students to be adequately protected. When a student suspension or expulsion is appealed, the rules shall authorize a
school district to impose the suspension or expulsion temporarily after an initial hearing for no more than ten consecutive
school days or until the appeal is decided, whichever is earlier. Any days that the student is temporarily suspended or
expelled before the appeal is decided shall be applied to the
term of the student suspension or expulsion and shall not
limit or extend the term of the student suspension or expulsion.
(2) Short-term suspension procedures may be used for
suspensions of students up to and including, ten consecutive
school days. [1996 c 321 § 2; 1975-'76 2nd ex.s. c 97 § 1;
1971 ex.s. c 268 § 2. Formerly RCW 28A.04.132.]
28A.305.170
Professional certification not to be required of superintendents, deputy or
assistant superintendents: RCW 28A.410.120.
Use of force on children—Policy—Actions presumed unreasonable: RCW
9A.16.100.
28A.305.140
28A.305.140 Waiver from provisions of RCW
28A.150.200 through 28A.150.220 authorized. The state
board of education may grant waivers to school districts from
the provisions of RCW 28A.150.200 through 28A.150.220
on the basis that such waiver or waivers are necessary to
implement successfully a local plan to provide for all students in the district an effective education system that is
designed to enhance the educational program for each student. The local plan may include alternative ways to provide
effective educational programs for students who experience
difficulty with the regular education program.
The state board shall adopt criteria to evaluate the need
for the waiver or waivers. [1990 c 33 § 267; (1992 c 141 §
302 expired September 1, 2000); 1985 c 349 § 6. Formerly
RCW 28A.04.127.]
Contingent expiration date—1992 c 141 § 302: "Section 302, chapter
141, Laws of 1992 shall expire September 1, 2000, unless by September 1,
2000, a law is enacted stating that a school accountability and academic
assessment system is not in place." [1994 c 245 § 11; 1992 c 141 § 508.]
That law was not enacted by September 1, 2000.
Severability—1985 c 349: See note following RCW 28A.150.260.
28A.305.145
28A.305.145 Application process for waivers under
RCW 28A.305.140. School districts may use the application
process in *RCW 28A.300.138 to apply for waivers under
RCW 28A.305.140. [1993 c 336 § 302.]
*Reviser's note: RCW 28A.300.138 was repealed by 1999 c 388 § 603.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
28A.305.170 Rules authorizing national guard high
school career training and national guard youth challenge
program. (1) In addition to any other powers and duties as
provided by law, the state board of education shall adopt
rules governing and authorizing the acceptance of national
guard high school career training and the national guard
youth challenge program in lieu of either required high
school credits or elective high school credits.
(2) With the exception of students enrolled in the
national guard youth challenge program, students enrolled in
such national guard programs shall be considered enrolled in
the common school last attended preceding enrollment in
such national guard program.
(3) The board shall adopt rules to ensure that students
who successfully complete the national guard youth challenge program are granted an appropriate number of high
school credits, based on the students' levels of academic proficiency as measured by the program. [2002 c 291 § 3; 1975
1st ex.s. c 262 § 1. Formerly RCW 28A.04.133.]
28A.305.190
28A.305.190 Eligibility to take general educational
development test. The state board of education shall adopt
rules governing the eligibility of a child sixteen years of age
and under nineteen years of age to take the general educational development test if the child provides a substantial and
warranted reason for leaving the regular high school education program, or if the child was home-schooled. [1993 c 218
§ 1; 1991 c 116 § 5; 1973 c 51 § 2. Formerly RCW
28A.04.135.]
Severability—1973 c 51: See note following RCW 28A.225.010.
Waiver of fees or residency requirements at community colleges for students
completing a high school education: RCW 28B.15.520.
28A.305.200
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.305.160
28A.305.160 Rules incorporating due process guarantees of pupils—Informal due process procedures when
suspension of students. (1) The state board of education
shall adopt and distribute to all school districts lawful and
reasonable rules prescribing the substantive and procedural
due process guarantees of pupils in the common schools.
Such rules shall authorize a school district to use informal
due process procedures in connection with the short-term
suspension of students to the extent constitutionally permissi(2004 Ed.)
28A.305.200 Seal. The state board of education shall
adopt a seal which shall be kept in the office of the superintendent of public instruction. [1969 ex.s. c 223 §
28A.04.140. Prior: 1909 c 97 p 238 § 7; RRS § 4531. Formerly RCW 28A.04.140, 28.04.140, 28.01.040, part,
43.63.160.]
28A.305.210
28A.305.210 Assistance of educational service district boards and superintendents—Scope. (1) The state
board of education, by rule or regulation, may require the
assistance of educational service district boards and/or super[Title 28A RCW—page 99]
28A.305.220
Title 28A RCW: Common School Provisions
intendents in the performance of any duty, authority, or
power imposed upon or granted to the state board of education by law, upon such terms and conditions as the state board
of education shall establish. Such authority to assist the state
board of education shall be limited to the service function of
information collection and dissemination and the attestment
to the accuracy and completeness of submitted information.
(2) During the 2003-05 biennium, educational service
districts may, at the request of the state board of education,
receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of
education rules, and submit to the state board of education
postsite visit recommendations for school accreditation. The
educational service districts may assess a cooperative service
fee to recover actual plus reasonable indirect costs for the
purposes of this subsection. [2003 1st sp.s. c 25 § 911; 1975
1st ex.s. c 275 § 51; 1971 ex.s. c 282 § 30. Formerly RCW
28A.04.145.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.305.220
28A.305.220 Development of standardized high
school transcripts—School districts to inform students of
importance. (1) The state board of education shall develop
for use by all public school districts a standardized high
school transcript. The state board of education shall establish
clear definitions for the terms "credits" and "hours" so that
school programs operating on the quarter, semester, or trimester system can be compared.
(2) The standardized high school transcript shall include
the following information:
(a) The highest scale score and level achieved in each
content area on the high school Washington assessment of
student learning or other high school measures successfully
completed by the student as provided by RCW 28A.655.061
and 28A.155.045;
(b) All scholar designations as provided by RCW
28A.655.061;
(c) A notation of whether the student has earned a certificate of individual achievement or a certificate of academic
achievement by means of the Washington assessment of student learning or by an alternative assessment.
(3) Transcripts are important documents to students who
will apply for admission to postsecondary institutions of
higher education. Transcripts are also important to students
who will seek employment upon or prior to graduation from
high school. It is recognized that student transcripts may be
the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to
inform annually all high school students that prospective
employers may request to see transcripts and that the prospective employee's decision to release transcripts can be an
important part of the process of applying for employment.
[2004 c 19 § 108; 1984 c 178 § 1. Formerly RCW
28A.04.155.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
[Title 28A RCW—page 100]
High school diplomas—Receiving final transcript optional: RCW
28A.230.120.
Chapter 28A.310
Chapter 28A.310 RCW
EDUCATIONAL SERVICE DISTRICTS
Sections
28A.310.010 Purpose.
28A.310.020 Changes in number of, boundaries—Initiating, hearings, considerations—Superintendent's duties.
28A.310.030 ESD board—Members—Number, from board-member districts—Board-member district boundaries, determination
of, changes in.
28A.310.040 ESD board—Members—Terms.
28A.310.050 ESD board—Members—Terms, when nine member board.
28A.310.060 ESD board—Members—Terms, begin when—Vacancies,
filling of.
28A.310.070 ESD board—Members—Restriction on other service.
28A.310.080 ESD board—Members—Elections, calling and notice of.
28A.310.090 ESD board—Members—Elections, filing of declarations of
candidacy.
28A.310.100 ESD board—Members—Elections, procedure—Certification of results.
28A.310.110 ESD board—Members—Elections, contest of.
28A.310.120 ESD board—Return to seven member board.
28A.310.130 ESD board—Vacation of board member position because of
failure to attend meetings.
28A.310.140 School district to be entirely within single educational service district.
28A.310.150 ESD board—Members, qualification, oath, bond—Organization—Quorum.
28A.310.160 ESD board—Reimbursement of members for expenses.
28A.310.170 ESD superintendent—Appointment, procedure—Term, salary, discharge—ESD superintendent review committee.
28A.310.180 ESD board—Compliance with rules and regulations—
Depository and distribution center—Cooperative service
programs, joint purchasing programs, and direct student
service programs including pupil transportation.
28A.310.190 ESD board—Teachers' institutes, directors' meetings—
Cooperation with state supervisor—Certification of data.
28A.310.200 ESD board—District budgets—Meetings—Personnel
approval—Employee bonds—School district boundary
transcripts—Acquisition and disposal of property—Cooperative and informational services—Bylaws, rules—Contractual authority.
28A.310.210 ESD board—Payment of member expenses—Payment of
dues into statewide association of board members, restrictions.
28A.310.220 ESD board—Delegation of powers and duties to superintendent.
28A.310.230 Assistant superintendents and other personnel—Appointment, salaries, duties.
28A.310.240 Employee leave policy required.
28A.310.250 Certificated employees of district—Contracts of employment—Nonrenewal of contracts—Notice.
28A.310.260 Certificated employees of district—Adverse change in contract status—Notice—Probable cause—Review—Appeal.
28A.310.270 ESD superintendent's powers and duties—Chief executive
officer.
28A.310.280 ESD superintendent's powers and duties—Records and
reports.
28A.310.290 ESD superintendent's powers and duties—Oaths and affirmations.
28A.310.300 ESD superintendent's powers and duties—Generally.
28A.310.310 Headquarters office—Records transferred, state board duties.
28A.310.320 ESD superintendents, employees—Travel expenses and subsistence—Advance payment.
28A.310.330 Budgeting procedures for districts.
28A.310.340 Identification of core services for budget purposes—Generally.
28A.310.350 Identification of core services for budget purposes—Specific
services listed.
28A.310.360 Identification of core services for budget purposes—Formula
utilized for ESD's biennial budget request.
28A.310.370 District budget—State funds, allocation of—District general
expense fund—Created, deposits, expenditures.
28A.310.390 District budget request—Procedure for approval.
28A.310.400 Legal services.
28A.310.410 Ex officio treasurer of district.
(2004 Ed.)
Educational Service Districts
28A.310.420 County or intermediate district superintendent and board
employees to terminate or transfer employment—Benefits
retained.
28A.310.430 Local school district superintendents to advise board and
superintendent.
28A.310.440 ESD as self-insurer—Authority.
28A.310.460 Contracts to lease building space and portable buildings and
lease or have maintained security systems, computers and
other equipment.
28A.310.470 Delegation to ESD of SPI program, project or service—Contract.
28A.310.480 Delegation to ESD of state board of education program,
project or service—Contract.
28A.310.490 ESD employee attendance incentive program—Remuneration or benefit plan for unused sick leave.
Chapter not to apply to certain materials printed in educational service district: RCW 82.04.600.
Interlocal cooperation act: Chapter 39.34 RCW.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
Regional educational technology support centers—Advisory councils: See
RCW 28A.650.020.
Special education medical services: RCW 74.09.5253.
28A.310.010 Purpose. It shall be the intent and purpose
of this chapter to establish educational service districts as
regional agencies which are intended to:
(1) Provide cooperative and informational services to
local school districts;
(2) Assist the superintendent of public instruction and
the state board of education in the performance of their
respective statutory or constitutional duties; and
(3) Provide services to school districts and to the school
for the deaf and the school for the blind to assure equal educational opportunities. [1988 c 65 § 1; 1977 ex.s. c 283 § 1;
1975 1st ex.s. c 275 § 1; 1971 ex.s. c 282 § 1; 1969 ex.s. c 176
§ 1. Formerly RCW 28A.21.010, 28.19.500.]
28A.310.010
Severability—1977 ex.s. c 283: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 283 § 26.]
Severability—1971 ex.s. c 282: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 282 § 45.]
Rights preserved—1969 ex.s. c 176: "The amendment or repeal of any
section referred to herein shall not be construed as affecting any existing
right acquired under the provisions of the statutes amended or repealed nor
any rule, regulation or order adopted pursuant thereto nor as affecting any
proceeding as instituted thereunder." [1969 ex.s. c 176 § 160.]
Severability—1969 ex.s. c 176: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 176 § 161.]
28A.310.020 Changes in number of, boundaries—
Initiating, hearings, considerations—Superintendent's
duties. The state board of education upon its own initiative,
or upon petition of any educational service district board, or
upon petition of at least half of the district superintendents
within an educational service district, or upon request of the
superintendent of public instruction, may make changes in
the number and boundaries of the educational service districts, including an equitable adjustment and transfer of any
and all property, assets, and liabilities among the educational
service districts whose boundaries and duties and responsibil28A.310.020
(2004 Ed.)
28A.310.030
ities are increased and/ or decreased by such changes, consistent with the purposes of RCW 28A.310.010: PROVIDED,
That no reduction in the number of educational service districts will take effect after June 30, 1995, without a majority
approval vote by the affected school directors voting in such
election by mail ballot. Prior to making any such changes, the
state board shall hold at least one public hearing on such proposed action and shall consider any recommendations on
such proposed action.
The state board in making any change in boundaries
shall give consideration to, but not be limited by, the following factors: Size, population, topography, and climate of the
proposed district.
The superintendent of public instruction shall furnish
personnel, material, supplies, and information necessary to
enable educational service district boards and superintendents to consider the proposed changes. [1994 sp.s. c 6 §
513; 1993 sp.s. c 24 § 522; 1990 c 33 § 270; 1977 ex.s. c 283
§ 2; 1971 ex.s. c 282 § 2; 1969 ex.s. c 176 § 2. Formerly
RCW 28A.21.020, 28.19.505.]
Severability—1994 sp.s. c 6: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1994 sp.s. c 6 § 904.]
Effective date—1994 sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect immediately [April 6, 1994]." [1994 sp.s. c 6 § 905.]
Severability—1993 sp.s. c 24: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1993 sp.s. c 24 § 932.]
Effective dates—1993 sp.s. c 24: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take effect
July 1, 1993, except for section 308(5) of this act which shall take effect
immediately [May 28, 1993]." [1993 sp.s. c 24 § 933.]
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.030
28A.310.030 ESD board—Members—Number, from
board-member districts—Board-member district boundaries, determination of, changes in. Except as otherwise
provided in this chapter, in each educational service district
there shall be an educational service district board consisting
of seven members elected by the school directors of the educational service district, one from each of seven educational
service district board-member districts. Board-member districts in districts reorganized under RCW 28A.310.020, or as
provided for in RCW 28A.310.120 and under this section,
shall be initially determined by the state board of education.
If a reorganization pursuant to RCW 28A.310.020 places the
residence of a board member into another or newly created
educational service district, such member shall serve on the
board of the educational service district of residence and at
the next election called by the secretary to the state board of
education pursuant to RCW 28A.310.080 a new seven member board shall be elected. If the redrawing of board-member
district boundaries pursuant to this chapter shall cause the
[Title 28A RCW—page 101]
28A.310.040
Title 28A RCW: Common School Provisions
resident board-member district of two or more board members to coincide, such board members shall continue to serve
on the board and at the next election called by the secretary to
the state board of education a new board shall be elected. The
board-member districts shall be arranged so far as practicable
on a basis of equal population, with consideration being
given existing board members of existing educational service
district boards. Each educational service district board member shall be elected by the school directors of each school district within the educational service district. Beginning in
1971 and every ten years thereafter, educational service district boards shall review and, if necessary, shall change the
boundaries of board-member districts so as to provide so far
as practicable equal representation according to population of
such board-member districts and to conform to school district
boundary changes: PROVIDED, That all board-member district boundaries, to the extent necessary to conform with this
chapter, shall be immediately redrawn for the purposes of the
next election called by the secretary to the state board of education following any reorganization pursuant to this chapter.
Such district board, if failing to make the necessary changes
prior to June 1 of the appropriate year, shall refer for settlement questions on board-member district boundaries to the
state board of education, which, after a public hearing, shall
decide such questions. [1990 c 33 § 271; 1977 ex.s. c 283 §
14; 1975 1st ex.s. c 275 § 3; 1974 ex.s. c 75 § 1; 1971 ex.s. c
282 § 3; 1969 ex.s. c 176 § 3. Formerly RCW 28A.21.030,
28.19.510.]
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Severability—1974 ex.s. c 75: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 75 § 24.]
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
City, town, and district general elections—Exceptions—Special elections:
RCW 29A.04.330.
283 § 19; 1975 1st ex.s. c 275 § 6; 1974 ex.s. c 75 § 5. Formerly RCW 28A.21.0304.]
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
28A.310.060
28A.310.060 ESD board—Members—Terms, begin
when—Vacancies, filling of. The term of every educational
service district board member shall begin on the second Monday in January next following the election at which he or she
was elected: PROVIDED, That a person elected to less than
a full term pursuant to this section shall take office as soon as
the election returns have been certified and he or she has
qualified. In the event of a vacancy in the board from any
cause, such vacancy shall be filled by appointment of a person from the same board-member district by the educational
service district board. In the event that there are more than
three vacancies in a seven-member board or four vacancies in
a nine-member board, the state board of education shall fill
by appointment sufficient vacancies so that there shall be a
quorum of the board serving. Each appointed board member
shall serve until his or her successor has been elected at the
next election called by the secretary to the state board of education and has qualified. [1977 ex.s. c 283 § 20; 1975 1st
ex.s. c 275 § 7; 1974 ex.s. c 75 § 6. Formerly RCW
28A.21.0305.]
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
28A.310.070
28A.310.070 ESD board—Members—Restriction on
other service. No person shall serve as an employee of a
school district or as a member of a board of directors of a
common school district or as a member of the state board of
education and as a member of an educational service district
board at the same time. [1975 1st ex.s. c 275 § 8; 1974 ex.s.
c 75 § 7. Formerly RCW 28A.21.0306.]
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
28A.310.080
28A.310.040
28A.310.040 ESD board—Members—Terms. The
term of office for each board member shall be four years and
until a successor is duly elected and qualified. For the first
election or an election following reorganization, board-member district positions numbered one, three, five, and seven in
each educational service district shall be for a term of four
years and positions numbered two, four, and six shall be for a
term of two years. [1975 1st ex.s. c 275 § 5; 1974 ex.s. c 75
§ 4. Formerly RCW 28A.21.0303.]
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
28A.310.050
28A.310.050 ESD board—Members—Terms, when
nine member board. Any educational service district board
may elect by resolution of the board to increase the board
member size to nine board members. In such case positions
number eight and nine shall be filled at the next election
called by the secretary to the state board of education, position numbered eight to be for a term of two years, position
numbered nine to be for a term of four years. Thereafter the
terms for such positions shall be for four years. [1977 ex.s. c
[Title 28A RCW—page 102]
28A.310.080 ESD board—Members—Elections,
calling and notice of. On or before the twenty-fifth day of
August, 1978, and not later than the twenty-fifth day of
August of every subsequent year, the secretary to the state
board of education shall call an election to be held in each
educational service district within which resides a member of
the board of the educational service district whose term of
office expires on the second Monday of January next following, and shall give written notice thereof to each member of
the board of directors of each school district in such educational service district. Such notice shall include instructions,
rules, and regulations established by the state board of education for the conduct of the election. [1977 ex.s. c 283 § 15.
Formerly RCW 28A.21.031.]
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.090
28A.310.090 ESD board—Members—Elections, filing of declarations of candidacy. Candidates for membership on an educational service district board shall file declarations of candidacy with the secretary to the state board of
(2004 Ed.)
Educational Service Districts
education on forms prepared by the secretary. Declarations of
candidacy may be filed by person or by mail not earlier than
the first day of September, nor later than the sixteenth day of
September. The secretary to the state board of education may
not accept any declaration of candidacy that is not on file in
his or her office or is not postmarked before the seventeenth
day of September. [1977 ex.s. c 283 § 16. Formerly RCW
28A.21.032.]
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.100
28A.310.100 ESD board—Members—Elections,
procedure—Certification of results. Each member of an
educational service district board shall be elected by a majority of the votes cast at the election for all candidates for the
position. All votes shall be cast by mail addressed to the secretary to the state board of education and no votes shall be
accepted for counting if postmarked after the sixteenth day of
October or if not postmarked or the postmark is not legible, if
received by mail after the twenty-first day of October following the call of the election. The secretary to the state board of
education and an election board comprised of three persons
appointed by the state board of education shall count and tally
the votes not later than the twenty-fifth day of October in the
following manner: Each vote cast by a school director shall
be accorded as one vote. If no candidate receives a majority
of the votes cast, then, not later than the first day of November, the secretary to the state board of education shall call a
second election to be conducted in the same manner and at
which the candidates shall be the two candidates receiving
the highest number of votes cast. No vote cast at such second
election shall be received for counting if postmarked after the
sixteenth day of November or if not postmarked or the postmark is not legible, if received by mail after the twenty-first
day of November and the votes shall be counted as hereinabove provided on the twenty-fifth day of November. The
candidate receiving a majority of votes at any such second
election shall be declared elected. In the event of a tie in such
second election, the candidate elected shall be determined by
a chance drawing of a nature established by the secretary to
the state board of education. Within ten days following the
count of votes in an election at which a member of an educational service district board is elected, the secretary to the
state board of education shall certify to the county auditor of
the headquarters county of the educational service district the
name or names of the persons elected to be members of the
educational service district board. [1980 c 179 § 7; 1977 ex.s.
c 283 § 17. Formerly RCW 28A.21.033.]
Severability—1980 c 179: See note following RCW 28A.305.010.
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.110
28A.310.110 ESD board—Members—Elections,
contest of. Any common school district board member eligible to vote for a candidate for membership on an educational
service district or any candidate for the position, within ten
days after the secretary to the state board of education's certification of election, may contest the election of the candidate
pursuant to RCW 28A.305.070. [1990 c 33 § 272; 1977 ex.s.
c 283 § 18. Formerly RCW 28A.21.034.]
(2004 Ed.)
28A.310.150
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.120
28A.310.120 ESD board—Return to seven member
board. Any educational service district board which elects
under RCW 28A.310.050 to increase the size of the educational service district board from seven to nine members,
after at least four years, may elect by resolution of the board
to return to a membership of seven educational service board
members. In such case, at the next election a new board consisting of seven educational service board members shall be
elected in accordance with the provisions of this chapter.
[1990 c 33 § 273; 1977 ex.s. c 283 § 21; 1975 1st ex.s. c 275
§ 9; 1974 ex.s. c 75 § 8; 1971 ex.s. c 282 § 4. Formerly RCW
28A.21.035.]
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.130
28A.310.130 ESD board—Vacation of board member position because of failure to attend meetings.
Absence of any educational service district board member
from four consecutive regular meetings of the board, unless
excused on account of sickness or otherwise authorized by
resolution of the board, shall be sufficient cause for the members of the educational service district board to declare by
resolution that such board member position is vacated. [1975
1st ex.s. c 275 § 10; 1971 ex.s. c 282 § 5. Formerly RCW
28A.21.037.]
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.140
28A.310.140 School district to be entirely within single educational service district. Every school district must
be included entirely within a single educational service district. If the boundaries of any school district within an educational service district are changed in any manner so as to
extend the school district beyond the boundaries of that educational service district, the state board shall change the
boundaries of the educational service districts so affected in a
manner consistent with the purposes of RCW 28A.310.010
and this section. [1990 c 33 § 274; 1975 1st ex.s. c 275 § 11;
1971 ex.s. c 282 § 6; 1969 ex.s. c 176 § 4. Formerly RCW
28A.21.040, 28.19.515.]
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.150
28A.310.150 ESD board—Members, qualification,
oath, bond—Organization—Quorum. Every candidate for
membership on a educational service district board shall be a
registered voter and a resident of the board-member district
for which such candidate files. On or before the date for taking office, every member shall make an oath or affirmation to
support the Constitution of the United States and the state of
Washington and to faithfully discharge the duties of the
office according to the best of such member's ability. The
members of the board shall not be required to give bond
[Title 28A RCW—page 103]
28A.310.160
Title 28A RCW: Common School Provisions
unless so directed by the state board of education. At the first
meeting of newly elected members and after the qualification
for office of the newly elected members, each educational
service district board shall reorganize by electing a chair and
a vice chair. A majority of all of the members of the board
shall constitute a quorum. [1990 c 33 § 275; 1977 ex.s. c 283
§ 22; 1975 1st ex.s. c 275 § 12; 1971 ex.s. c 282 § 7; 1969
ex.s. c 176 § 5. Formerly RCW 28A.21.050, 28.19.520.]
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.160
28A.310.160 ESD board—Reimbursement of members for expenses. The actual expenses of educational service board members in going to, returning from and attending
meetings called or held pursuant to district business or while
otherwise engaged in the performance of their duties under
this chapter shall be paid; all such claims shall be approved
by the educational service district board and paid from the
budget of the educational service district. [1977 ex.s. c 283 §
3; 1975-'76 2nd ex.s. c 34 § 68; 1975 1st ex.s. c 275 § 13;
1971 ex.s. c 282 § 8; 1969 ex.s. c 176 § 6. Formerly RCW
28A.21.060, 28.19.525.]
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.170
28A.310.170 ESD superintendent—Appointment,
procedure—Term, salary, discharge—ESD superintendent review committee. (1) Every educational service district board shall employ and set the salary of an educational
service district superintendent who shall be employed by a
written contract for a term to be fixed by the board, but not to
exceed three years, and who may be discharged for sufficient
cause.
(2) There is hereby established within each educational
service district an educational service district superintendent
review committee. Such review committee shall be composed of a subcommittee of the board, two school district
superintendents from within the educational service district
selected by the educational service district board, and a representative of the state superintendent of public instruction
selected by the state superintendent of public instruction.
(3) Prior to the employment by the educational service
district board of a new educational service district superintendent, the review committee shall screen all applicants against
the established qualifications for the position and recommend
to the board a list of three or more candidates. The educational service district board shall either select the new superintendent from the list of three or more candidates, ask the
review committee to add additional names to the list, or reject
the entire list and ask the review committee to submit three or
more additional candidates for consideration. The educa[Title 28A RCW—page 104]
tional service district board shall repeat this process until a
superintendent is selected. [2001 c 182 § 1; 1985 c 341 § 7;
1977 ex.s. c 283 § 4. Formerly RCW 28A.21.071.]
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.180
28A.310.180 ESD board—Compliance with rules
and regulations—Depository and distribution center—
Cooperative service programs, joint purchasing programs, and direct student service programs including
pupil transportation. In addition to other powers and duties
as provided by law, every educational service district board
shall:
(1) Comply with rules or regulations of the state board of
education and the superintendent of public instruction.
(2) If the district board deems necessary, establish and
operate for the schools within the boundaries of the educational service district a depository and distribution center for
films, tapes, charts, maps, and other instructional material as
recommended by the school district superintendents within
the service area of the educational service district: PROVIDED, That the district may also provide the services of the
depository and distribution center to private schools within
the district so long as such private schools pay such fees that
reflect actual costs for services and the use of instructional
materials as may be established by the educational service
district board.
(3) Establish cooperative service programs for school
districts within the educational service district and joint purchasing programs for schools within the educational service
district pursuant to RCW 28A.320.080(3): PROVIDED,
That on matters relating to cooperative service programs the
board and superintendent of the educational service district
shall seek the prior advice of the superintendents of local
school districts within the educational service district.
(4) Establish direct student service programs for school
districts within the educational service district including
pupil transportation. However, for the provision of statefunded pupil transportation for special education cooperatives programs for special education conducted under RCW
28A.155.010 through 28A.155.100, the educational service
district, with the consent of the participating school districts,
shall be entitled to receive directly state apportionment funds
for that purpose: PROVIDED, That the board of directors
and superintendent of a local school district request the educational service district to perform said service or services:
PROVIDED FURTHER, That the educational service district
board of directors and superintendents agree to provide the
requested services: PROVIDED, FURTHER, That the provisions of chapter 39.34 RCW are strictly adhered to: PROVIDED FURTHER, That the educational service district
board of directors may contract with the school for the deaf
and the school for the blind to provide transportation services. [1990 c 33 § 276; 1988 c 65 § 2; 1987 c 508 § 3; 1982
c 46 § 1; 1979 ex.s. c 66 § 1; 1975 1st ex.s. c 275 § 16; 1971
ex.s. c 282 § 11. Formerly RCW 28A.21.086.]
Severability—1979 ex.s. c 66: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 66 § 3.]
(2004 Ed.)
Educational Service Districts
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.190
28A.310.190 ESD board—Teachers' institutes, directors' meetings—Cooperation with state supervisor—Certification of data. In addition to other powers and duties as
provided by law, every educational service district board
shall:
(1) If the district board deems necessary, hold each year
one or more teachers' institutes as provided for in RCW
28A.415.010 and one or more school directors' meetings.
(2) Cooperate with the state supervisor of special aid for
children with disabilities as provided in RCW 28A.155.010
through 28A.155.100.
(3) Certify statistical data as basis for apportionment purposes to county and state officials as provided in chapter
28A.545 RCW.
(4) Perform such other duties as may be prescribed by
law or rule of the state board of education and/or the superintendent of pu blic instruction as prov ided in RCW
28A.300.030 and 28A.305.210. [1995 c 77 § 20; 1990 c 33 §
277; 1983 c 56 § 2; 1981 c 103 § 2; 1975 1st ex.s. c 275 § 17;
1971 ex.s. c 282 § 12. Formerly RCW 28A.21.088.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.220
acquired. Borrowing shall be evidenced by a note or other
instrument between the district and the lender.
(7) Under RCW 28A.310.010, upon the written request
of the board of directors of a local school district or districts
served by the educational service district, the educational service district board of directors may provide cooperative and
informational services not in conflict with other law that provide for the development and implementation of programs,
activities, services, or practices that support the education of
preschool through twelfth grade students in the public
schools or that support the effective, efficient, or safe management and operation of the school district or districts
served by the educational service district.
(8) Adopt such bylaws and rules and regulations for its
own operation as it deems necessary or appropriate.
(9) Enter into contracts, including contracts with common and educational service districts and the school for the
deaf and the school for the blind for the joint financing of
cooperative service programs conducted pursuant to RCW
28A.310.180(3), and employ consultants and legal counsel
relating to any of the duties, functions, and powers of the educational service districts. [2001 c 143 § 1; 1993 c 298 § 1.
Prior: 1990 c 159 § 1; 1990 c 33 § 278; 1988 c 65 § 3; 1983
c 56 § 3; 1975 1st ex.s. c 275 § 18; 1971 ex.s. c 282 § 13;
1971 c 53 § 1; 1969 ex.s. c 176 § 9. Formerly RCW
28A.21.090, 28.19.540.]
Severability—1983 c 56: See note following RCW 28A.195.010.
28A.310.200
28A.310.200 ESD board—District budgets—Meetings—Personnel approval—Employee bonds—School
district boundary transcripts—Acquisition and disposal
of property—Cooperative and informational services—
Bylaws, rules—Contractual authority. In addition to other
powers and duties as provided by law, every educational service district board shall:
(1) Approve the budgets of the educational service district in accordance with the procedures provided for in this
chapter.
(2) Meet regularly according to the schedule adopted at
the organization meeting and in special session upon the call
of the chair or a majority of the board.
(3) Approve the selection of educational service district
pe rs onn el and c l er ic a l s t af f as pro v i d ed i n R C W
28A.310.230.
(4) Fix the amount of and approve the bonds for those
educational service district employees designated by the
board as being in need of bonding.
(5) Keep in the educational service district office a full
and correct transcript of the boundaries of each school district
within the educational service district.
(6) Acquire by borrowing funds or by purchase, lease,
devise, bequest, and gift and otherwise contract for real and
personal property necessary for the operation of the educational service district and to the execution of the duties of the
board and superintendent thereof and sell, lease, or otherwise
dispose of that property not necessary for district purposes.
No real property shall be acquired or alienated without the
prior approval of the state board of education and the acquisition or alienation of all such property shall be subject to such
provisions as the board may establish. When borrowing funds
for the purpose of acquiring property, the educational service
district board shall pledge as collateral the property to be
(2004 Ed.)
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—1971 c 53: See note following RCW 28A.323.060.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.210
28A.310.210 ESD board—Payment of member
expenses—Payment of dues into statewide association of
board members, restrictions. In addition to other powers
and duties prescribed by law every educational service district board shall be authorized to:
(1) Pay the expenses of its members in accordance with
law for attendance at statewide meetings of educational service district board members.
(2) Pay dues from educational service district funds in an
amount not to exceed one hundred dollars per board member
per year for membership in a statewide association of educational service district board members: PROVIDED, That
dues to such an association shall not be paid unless the formation of such an association, including its constitution and
bylaws, is approved by a resolution passed by at least twothirds of the educational service district boards within the
state: PROVIDED FURTHER, That such association if
formed shall not employ any staff but shall contract either
with the Washington state school directors' association or
with the superintendent of public instruction for staff and
informational services. [1975 1st ex.s. c 275 § 19; 1971 ex.s.
c 282 § 14. Formerly RCW 28A.21.092.]
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.220
28A.310.220 ESD board—Delegation of powers and
duties to superintendent. Each educational service district
board, by written order filed in the headquarters office, may
[Title 28A RCW—page 105]
28A.310.230
Title 28A RCW: Common School Provisions
delegate to the educational service district superintendent any
of the powers and duties vested in or imposed upon the board
by law or rule or regulation of the state board of education
and/or the superintendent of public instruction. Such delegated powers and duties shall not be in conflict with rules or
regulations of the superintendent of public instruction or the
state board of education and may be exercised by the educational service district superintendent in the name of the board.
[1975 1st ex.s. c 275 § 20; 1974 ex.s. c 75 § 9; 1971 ex.s. c
282 § 15. Formerly RCW 28A.21.095.]
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.230 Assistant superintendents and other
personnel—Appointment, salaries, duties. The educational service district superintendent may appoint with the
consent of the educational service district board assistant
superintendents and such other professional personnel and
clerical help as may be necessary to perform the work of the
office at such salaries as may be determined by the educational service district board and shall pay such salaries out of
the budget of the district. In the absence of the educational
service district superintendent a designated assistant superintendent shall perform the duties of the office. The educational
service district superintendent shall have the authority to
appoint on an acting basis an assistant superintendent to perform any of the duties of the office. [1975 1st ex.s. c 275 §
21; 1974 ex.s. c 75 § 10; 1971 ex.s. c 282 § 16; 1969 ex.s. c
176 § 10. Formerly RCW 28A.21.100, 28.19.545.]
28A.310.230
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Job sharing: RCW 28A.405.070.
28A.310.240 Employee leave policy required. (1)
Every educational service district board shall adopt written
policies granting leaves to persons under contracts of
employment with the district in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes
and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement, and emergencies for both certificated and classified employees, with such compensation as
the board prescribes. The board shall adopt written policies
granting annual leave with compensation for illness, injury,
and emergencies as follows:
(a) For persons under contract with the district for a full
fiscal year, at least ten days;
(b) For persons under contract with the district as parttime employees, at least that portion of ten days as the total
number of days contracted for bears to one hundred eighty
days;
(c) For certificated and classified employees, annual
leave with compensation for illness, injury, and emergencies
shall be granted and accrue at a rate not to exceed twelve days
per fiscal year. Provisions of any contract in force on July 23,
1989, which conflict with requirements of this subsection
28A.310.240
[Title 28A RCW—page 106]
shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be
consistent with this subsection;
(d) Compensation for leave for illness or injury actually
taken shall be the same as the compensation the person would
have received had the person not taken the leave provided in
this section;
(e) Leave provided in this section not taken shall accumulate from fiscal year to fiscal year up to a maximum of one
hundred eighty days for the purposes of RCW 28A.310.490,
and for leave purposes up to a maximum of the number of
contract days agreed to in a given contract, but not greater
than one fiscal year. Such accumulated time may be taken at
any time during the fiscal year, or up to twelve days per year
may be used for the purpose of payments for unused sick
leave; and
(f) Accumulated leave under this section shall be transferred to educational service districts, school districts, and the
office of the superintendent of public instruction, and from
any such district or office to another such district or office.
An intervening customary summer break in employment or
the performance of employment duties shall not preclude
such a transfer.
(2) Leave accumulated by a person in a district prior to
leaving the district may, under rules of the board, be granted
to the person when the person returns to the employment of
the district.
(3) Leave for illness or injury accumulated before July
23, 1989, under the administrative practices of an educational
service district, and such leave transferred before July 23,
1989, to or from an educational service district, school district, or the office of the superintendent of public instruction
under the administrative practices of the district or office, is
declared valid and shall be added to such leave for illness or
injury accumulated after July 23, 1989. [1997 c 13 § 6; 1990
c 33 § 279; 1989 c 208 § 1. Formerly RCW 28A.21.102.]
28A.310.250
28A.310.250 Certificated employees of district—
Contracts of employment—Nonrenewal of contracts—
Notice. No certificated employee of an educational service
district shall be employed as such except by written contract,
which shall be in conformity with the laws of this state. Every
such contract shall be made in duplicate, one copy of which
shall be retained by the educational service district superintendent and the other shall be delivered to the employee.
Every educational service district superintendent or
board determining that there is probable cause or causes that
the employment contract of a certificated employee thereof is
not to be renewed for the next ensuing term shall be notified
in writing on or before May 15th preceding the commencement of such term of that determination or if the omnibus
appropriations act has not passed the legislature by May 15th,
then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of
contract. Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a
copy of the notice at the house of his or her usual abode with
some person of suitable age and discretion then resident
therein. The procedure and standards for the review of the
decision of the hearing officer, superintendent or board and
appeal therefrom shall be as prescribed for nonrenewal cases
(2004 Ed.)
Educational Service Districts
of teachers in RCW 28A.405.210, 28A.405.300 through
28A.405.380, and 28A.645.010. Appeals may be filed in the
superior court of any county in the educational service district. [1996 c 201 § 4; 1990 c 33 § 280; 1977 ex.s. c 283 § 7;
1975 1st ex.s. c 275 § 22; 1974 ex.s. c 75 § 11; 1971 c 48 § 6;
1969 ex.s. c 34 § 19. Formerly RCW 28A.21.105.]
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.310.260
28A.310.260 Certificated employees of district—
Adverse change in contract status—Notice—Probable
cause—Review—Appeal. Every educational service district superintendent or board determining that there is probable cause or causes for a certificated employee or superintendent, hereinafter referred to as employee, of that educational
service district to be discharged or otherwise adversely
affected in his or her contract status shall notify such
employee in writing of its decision, which notice shall specify the cause or causes for such action. Such notice shall be
served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of
his or her usual abode with some person of suitable age and
discretion then resident therein. The procedure and standards
for review of the decision of the superintendent or board and
appeal therefrom shall be as prescribed in discharge cases of
teachers in RCW 28A.405.210, 28A.405.300 through
28A.405.380, and 28A.645.010. The board and the educational service district superintendent, respectively, shall have
the duties of the boards of directors and superintendents of
school districts in RCW 28A.405.210, 28A.405.300 through
28A.405.380, and 28A.645.010. Appeals may be filed in the
superior court of any county in the educational service district. [1990 c 33 § 281; 1977 ex.s. c 283 § 8; 1975 1st ex.s. c
275 § 23; 1974 ex.s. c 75 § 12; 1971 c 48 § 7; 1969 ex.s. c 34
§ 20. Formerly RCW 28A.21.106.]
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.310.270
28A.310.270 ESD superintendent's powers and
duties—Chief executive officer. In addition to other powers
and duties as provided by law, each educational service district superintendent shall:
(1) Serve as chief executive officer of the educational
service district and secretary of the educational service district board.
(2) Visit the schools in the educational service district,
counsel with directors and staff, and assist in every possible
way to advance the educational interest in the educational
service district. [1975 1st ex.s. c 275 § 24; 1974 ex.s. c 75 §
13; 1972 ex.s. c 3 § 1; 1971 ex.s. c 282 § 17; 1969 ex.s. c 176
§ 11. Formerly RCW 28A.21.110, 28.19.550.]
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
(2004 Ed.)
28A.310.300
28A.310.280
28A.310.280 ESD superintendent's powers and
duties—Records and reports. In addition to other powers
and duties as provided by law, each educational service district superintendent shall:
(1) Perform such record keeping, including such annual
reports as may be required, and liaison and informational services to local school districts and the superintendent of public
instruction as required by rule or regulation of the superintendent of public instruction or state board of education: PROVIDED, That the superintendent of public instruction and the
state board of education may require some or all of the school
districts to report information directly when such reporting
procedures are deemed desirable or feasible.
(2) Keep records of official acts of the educational service district board and superintendents in accordance with
*RCW 28A.21.120, as now or hereafter amended.
(3) Preserve carefully all reports of school officers and
teachers and deliver to the successor of the office all records,
books, documents, and papers belonging to the office either
personally or through a personal representative, taking a
receipt for the same, which shall be filed in the office of the
county auditor in the county where the office is located.
[1975 1st ex.s. c 275 § 25; 1974 ex.s. c 75 § 14. Formerly
RCW 28A.21.111.]
*Reviser's note: RCW 28A.21.120 was recodified as RCW
28A.310.310 pursuant to 1990 c 33 § 4.
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
28A.310.290
28A.310.290 ESD superintendent's powers and
duties—Oaths and affirmations. In addition to other powers and duties as provided by law, each educational service
district superintendent shall:
(1) Administer oaths and affirmations to school directors, teachers, and other persons on official matters connected
with or relating to schools, when appropriate, but not make or
collect any charge or fee for so doing.
(2) Require the oath of office of all school district officers be filed as provided in *RCW 28A.315.500 and furnish a
directory of all such officers to the county auditor and to the
county treasurer of the county in which the school district is
located as soon as such information can be obtained after the
election or appointment of such officers is determined and
their oaths placed on file. [1990 c 33 § 282; 1975 1st ex.s. c
275 § 26; 1974 ex.s. c 75 § 15. Formerly RCW 28A.21.112.]
*Reviser's note: RCW 28A.315.500 was recodified as RCW
28A.343.360 pursuant to 1999 c 315 § 804.
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
28A.310.300
28A.310.300 ESD superintendent's powers and
duties—Generally. In addition to other powers and duties as
provided by law, each educational service district superintendent shall:
(1) Assist the school districts in preparation of their budgets as provided in chapter 28A.505 RCW.
(2) Enforce the provisions of the compulsory attendance
law as provided in RCW 28A.225.010 through 28A.225.140,
28A.200.010, and 28A.200.020.
(3) Perform duties relating to capital fund aid by nonhigh
districts as provided in chapter 28A.540 RCW.
[Title 28A RCW—page 107]
28A.310.310
Title 28A RCW: Common School Provisions
(4) Carry out the duties and issue orders creating new
school districts and transfers of territory as provided in chapter 28A.315 RCW.
(5) Perform the limited duties as provided in chapter
28A.193 RCW.
(6) Perform all other duties prescribed by law and the
educational service district board. [1998 c 244 § 13; 1990 c
33 § 283; 1975 1st ex.s. c 275 § 27; 1974 ex.s. c 75 § 16. Formerly RCW 28A.21.113.]
Effective date—Severability—1998 c 244: See RCW 28A.193.900
and 28A.193.901.
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
28A.310.310
28A.310.310 Headquarters office—Records transferred, state board duties. The educational service district
board shall designate the headquarters office of the educational service district. Educational service districts shall provide for their own office space, heating, contents insurance,
electricity, and custodial services, which may be obtained
through contracting with any board of county commissioners.
Official records of the educational service district board and
superintendent, including each of the county superintendents
abolished by chapter 176, Laws of 1969 ex. sess., shall be
kept by the educational service district superintendent.
Whenever the boundaries of any of the educational service
districts are reorganized pursuant to RCW 28A.310.020, the
state board of education shall supervise the transferral of such
records so that each educational service district superintendent shall receive those records relating to school districts
within the appropriate educational service district. [1990 c
33 § 284; 1985 c 341 § 8; 1975 1st ex.s. c 275 § 28; 1974 ex.s.
c 75 § 17; 1971 ex.s. c 282 § 18; 1969 ex.s. c 176 § 12. Formerly RCW 28A.21.120, 28.19.555.]
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.330
28A.310.330 Budgeting procedures for districts. The
superintendent of public instruction by rule and regulation
shall adopt budgeting procedures for educational service districts modeled after the statutory procedures for school districts as provided in chapter 28A.505 RCW and in accordan c e wit h RC W 2 8A.3 10 .3 40 , 28 A.3 10 . 35 0, a nd
28A.310.360. [1990 c 33 § 285; 1977 ex.s. c 283 § 12; 1975
1st ex.s. c 275 § 30; 1971 ex.s. c 282 § 20. Formerly RCW
28A.21.135.]
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.340
28A.310.340 Identification of core services for budget purposes—Generally. It is the intent of the legislature
that a basic core of uniform services be provided by educational service districts and be identified in statute so that biennial budget requests for educational service districts may be
based upon measurable goals and needs. Educational service
districts as noted in RCW 28A.310.010, are intended primarily to:
(1) Provide cooperative and informational services to
local districts and to perform functions for those districts
when such functions are more effectively or economically
administered from the regional level;
(2) Assist the state educational agencies, office of superintendent of public instruction and the state board of education in the legal performance of their duties; and
(3) Assist in providing pupils with equal educational
opportunities.
The purpose of RCW 28A.310.350 and 28A.310.360 is
to further identify those core services in order to prepare educational service district budgets for the 1979-81 biennium,
and those bienniums beyond. [1990 c 33 § 286; 1977 ex.s. c
283 § 9. Formerly RCW 28A.21.136.]
28A.310.320
28A.310.320 ESD superintendents, employees—
Travel expenses and subsistence—Advance payment. For
all actual and necessary travel in the performance of official
duties and while in attendance upon meetings and conferences, each educational service district superintendent and
employee shall be reimbursed for their travel expenses in the
amounts provided in RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. All claims shall be approved
by the educational service district board and paid from the
funds budgeted by the district. Each educational service district superintendent and employee may be advanced sufficient sums to cover their anticipated expenses in accordance
with rules and regulations promulgated by the state auditor
and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1975-'76 2nd
ex.s. c 34 § 69; 1975 1st ex.s. c 275 § 29; 1971 ex.s. c 282 §
19; 1969 ex.s. c 176 § 13. Formerly RCW 28A.21.130,
28.19.560.]
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
[Title 28A RCW—page 108]
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.350
28A.310.350 Identification of core services for budget purposes—Specific services listed. The basic core services and cost upon which educational service districts are
budgeted shall include, but not be limited to, the following:
(1) Educational service district administration and facilities such as office space, maintenance and utilities;
(2) Cooperative administrative services such as assistance in carrying out procedures to abolish sex and race bias
in school programs, fiscal services, grants management services, special education services and transportation services;
(3) Personnel services such as certification/registration
services;
(4) Learning resource services such as audio visual aids;
(5) Cooperative curriculum services such as health promotion and health education services, in-service training,
workshops and assessment; and
(6) Special needs of local education agencies. [1977
ex.s. c 283 § 10. Formerly RCW 28A.21.137.]
(2004 Ed.)
Educational Service Districts
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.360
28A.310.360 Identification of core services for budget purposes—Formula utilized for ESD's biennial budget request. The superintendent of public instruction, pursuant to RCW 28A.310.330 shall prepare the biennial budget
request for the operation of educational service districts
based upon a formula using the following factors:
(1) The core service cost itemized in RCW 28A.310.350
which shall receive primary weighting for formula purposes;
(2) A weighting factor constituting a geographical factor
which shall be used to weight the larger sized educational service districts for formula purposes; and
(3) A weighting factor which shall be based on the number and size of local school districts within each educational
service district for formula purposes.
The sum of subsection (1) of this section, together with
the weighting factors of subsections (2) and (3) of this section
for each educational service district, shall reflect the variables
among the educational service districts and when combined,
a total budget for all educational service districts shall be the
result. [1990 c 33 § 287; 1977 ex.s. c 283 § 11. Formerly
RCW 28A.21.138.]
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.370
28A.310.370 District budget—State funds, allocation
of—District general expense fund—Created, deposits,
expenditures. The superintendent of public instruction shall
examine and revise the biennial budget request of each educational service district and shall fix the amount to be
requested in state funds for the educational service district
system from the legislature. Once funds have been appropriated by the legislature, the superintendent of public instruction shall fix the annual budget of each educational service
district and shall allocate quarterly the state's portion from
funds appropriated for that purpose to the county treasurer of
the headquarters county of the educational service district for
deposit to the credit of the educational service district general
expense fund.
In each educational service district, there shall be an educational service district general expense fund into which
there shall be deposited such moneys as are allocated by the
superintendent of public instruction under provisions of this
chapter and other funds of the educational service district,
and such moneys shall be expended according to the method
used by first or second class school districts, whichever is
deemed most feasible by the educational service district
board. No vouchers for warrants other than moneys being
distributed to the school districts shall be approved for expenditures not budgeted by the educational service district board.
[1983 c 56 § 4; 1975 1st ex.s. c 275 § 31; 1971 ex.s. c 282 §
22; 1969 ex.s. c 176 § 14. Formerly RCW 28A.21.140,
28.19.565.]
28A.310.430
28A.310.390
28A.310.390 District budget request—Procedure for
approval. The biennial budget request of each educational
service district shall be approved by the respective educational service district board and then forwarded to the superintendent of public instruction for revision and approval as
provided in RCW 28A.310.370. [1990 c 33 § 288; 1975 1st
ex.s. c 275 § 33; 1971 ex.s. c 282 § 21; 1969 ex.s. c 176 § 17.
Formerly RCW 28A.21.170, 28.19.580.]
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.400
28A.310.400 Legal services. The superintendent of
public instruction shall be responsible for the provision of
legal services to all educational service districts: PROVIDED, That any educational service district board may contract with any county for the legal services of its prosecuting
attorney. [1975 1st ex.s. c 275 § 35; 1974 ex.s. c 75 § 23. Formerly RCW 28A.21.195.]
Severability—1974 ex.s. c 75: See note following RCW 28A.310.030.
28A.310.410
28A.310.410 Ex officio treasurer of district. The
county treasurer of the county in which the headquarters
office of the educational service district is located shall serve
as the ex officio treasurer of the district. The treasurer shall
keep all funds and moneys of the district separate and apart
from all other funds and moneys in the treasurer's custody
and shall disburse such moneys only upon proper order of the
educational service district board or superintendent. [1990 c
33 § 289; 1975 1st ex.s. c 275 § 36; 1969 ex.s. c 176 § 21.
Formerly RCW 28A.21.200, 28.19.595.]
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.420
28A.310.420 County or intermediate district superintendent and board employees to terminate or transfer
employment—Benefits retained. As of July 1, 1969,
employees of the various offices of county or intermediate
district superintendent and county or intermediate district
board shall terminate their employment therein, or such
employees, at their election, may transfer their employment
to the new intermediate school district in which their respective county is located. If such employment is so transferred,
each employee shall retain the same leave benefits and other
benefits that he or she had in his or her previous position. If
the intermediate school district has a different system of computing leave benefits and other benefits, then the employee
shall be granted the same leave and other benefits as a person
will receive who would have had similar occupational status
and total years of service with the new intermediate school
district. [1990 c 33 § 290; 1969 ex.s. c 176 § 22. Formerly
RCW 28A.21.210, 28.19.600.]
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.430
Severability—1983 c 56: See note following RCW 28A.195.010.
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
(2004 Ed.)
28A.310.430 Local school district superintendents to
advise board and superintendent. The superintendents of
all local school districts within an educational service district
shall serve in an advisory capacity to the educational service
district board and superintendent in matters pertaining to
[Title 28A RCW—page 109]
28A.310.440
Title 28A RCW: Common School Provisions
budgets, programs, policy, and staff. [1975 1st ex.s. c 275 §
37; 1971 ex.s. c 282 § 28; 1969 ex.s. c 176 § 23. Formerly
RCW 28A.21.220, 28.19.605.]
by contract pursuant to chapter 39.34 RCW, as now or hereafter amended. [1977 ex.s. c 283 § 6. Formerly RCW
28A.21.355.]
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Seve ra bili ty— 1977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.310.490
28A.310.440
28A.310.440 ESD as self-insurer—Authority. The
board of directors of any educational service district is authorized to enter into agreements with the board of directors of
any local school district and/or other educational service districts to form a self-insurance group for the purpose of qualifying as a self-insurer under chapter 51.14 RCW. [1982 c
191 § 9. Formerly RCW 28A.21.255.]
Severability—1982 c 191: See note following RCW 28A.335.210.
Educational service districts as self-insurers: RCW 51.14.150 and
51.14.160.
28A.310.460
28A.310.460 Contracts to lease building space and
portable buildings and lease or have maintained security
systems, computers and other equipment. The board of
any educational service district may enter into contracts for
their respective districts for periods not exceeding twenty
years in duration with public and private persons, organizations, and entities for the following purposes:
(1) To rent or lease building space, portable buildings,
security systems, computers and other equipment; and
(2) To have maintained and repaired security systems,
computers and other equipment.
The budget of each educational service district shall
identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by
amount, duration, and nature of the contracted service and/or
item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW
28A.310.330 and 28A.505.140. [1990 c 33 § 291; 1987 c 508
§ 2; 1977 ex.s. c 210 § 2. Formerly RCW 28A.21.310.]
Seve ra bi li ty—1 977 e x.s. c 210 : Se e no te fo llo wing R CW
28A.335.170.
28A.310.470
28A.310.470 Delegation to ESD of SPI program,
project or service—Contract. The superintendent of public
instruction may delegate to any educational service district or
combination of educational service districts all or any portion
of a program, project, or service authorized or directed by the
legislature to be performed by the superintendent of public
instruction: PROVIDED, That any such delegation shall be
by contract pursuant to chapter 39.34 RCW, as now or hereafter amended. [1977 ex.s. c 283 § 5. Formerly RCW
28A.21.350.]
Seve ra bi li ty—1 977 e x.s. c 283 : Se e no te fo llo wing R CW
28A.310.010.
28A.310.480
28A.310.480 Delegation to ESD of state board of education program, project or service—Contract. The state
board of education may delegate to any educational service
district or combination of educational service districts all or
any portion of a program, project, or service authorized or
directed by the legislature to be performed by the state board
of education: PROVIDED, That any such delegation shall be
[Title 28A RCW—page 110]
28A.310.490 ESD employee attendance incentive
program—Remuneration or benefit plan for unused sick
leave. Every educational service district board of directors
shall establish an attendance incentive program for all certificated and classified employees in the following manner.
(1) In January of the year following any year in which a
minimum of sixty days of leave for illness or injury is
accrued, and each January thereafter, any eligible employee
may exercise an option to receive remuneration for unused
leave for illness or injury accumulated in the previous year at
a rate equal to one day's monetary compensation of the
employee for each four full days of accrued leave for illness
or injury in excess of sixty days. Leave for illness or injury
for which compensation has been received shall be deducted
from accrued leave for illness or injury at the rate of four days
for every one day's monetary compensation. No employee
may receive compensation under this section for any portion
of leave for illness or injury accumulated at a rate in excess of
one day per month.
(2) At the time of separation from educational service
district employment due to retirement or death an eligible
employee or the employee's estate shall receive remuneration
at a rate equal to one day's current monetary compensation of
the employee for each four full days accrued leave for illness
or injury.
(3) In lieu of remuneration for unused leave for illness or
injury as provided for in subsections (1) and (2) of this section, an educational service district board of directors may,
with equivalent funds, provide eligible employees a benefit
plan that provides reimbursement for medical expenses. Any
benefit plan adopted after July 28, 1991, shall require, as a
condition of participation under the plan, that the employee
sign an agreement with the district to hold the district harmless should the United States government find that the district
or the employee is in debt to the United States as a result of
the employee not paying income taxes due on the equivalent
funds placed into the plan, or as a result of the district not
withholding or deducting any tax, assessment, or other payment on such funds as required under federal law.
Moneys or benefits received under this section shall not
be included for the purposes of computing a retirement
allowance under any public retirement system in this state.
The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations
to carry out the purposes of this section.
Should the legislature revoke any benefits granted under
this section, no affected employee shall be entitled thereafter
to receive such benefits as a matter of contractual right.
[1997 c 13 § 7; 1991 c 92 § 1; 1989 c 69 § 1; 1985 c 341 § 9;
1980 c 182 § 6. Formerly RCW 28A.21.360.]
Severability—1980 c 182: See note following RCW 41.04.340.
(2004 Ed.)
Organization and Reorganization of School Districts
Chapter 28A.315 RCW
ORGANIZATION AND REORGANIZATION OF
SCHOOL DISTRICTS
Chapter 28A.315
Sections
28A.315.005
28A.315.015
28A.315.025
28A.315.035
28A.315.045
28A.315.055
28A.315.065
28A.315.075
28A.315.085
28A.315.095
28A.315.105
28A.315.115
28A.315.125
28A.315.135
28A.315.145
28A.315.155
28A.315.165
28A.315.175
28A.315.185
28A.315.195
28A.315.205
28A.315.215
28A.315.225
28A.315.235
28A.315.245
28A.315.255
28A.315.265
28A.315.275
28A.315.285
28A.315.295
28A.315.305
28A.315.315
28A.315.901
Governance structure.
Purpose—Policy.
Definitions.
Organization of school districts.
Reorganization.
Conflicting or incorrectly described school district boundaries.
District boundary changes—Submission to county auditor.
Effect of 1999 c 315—Existing provisions not affected.
Personnel and supplies—Reimbursement.
Regional committees—Powers and duties.
Regional committees—Created.
Regional committees—Membership limitation.
Regional committees—Election of members—Qualifications.
Regional committees—Vacancies.
Regional committees—Terms of members.
Regional committees—Members' expenses reimbursed.
Regional committees—Organization, meetings, quorum.
State board—Powers and duties.
Annual training.
Transfer of territory by petition—Requirements—Rules—
Costs.
Transfer of territory by petition—Regional committee
responsibilities—Rules—Appeals.
Transfer of territory by agreement or order—Approval—
Order.
Dissolution and annexation of certain districts—Annexation of nondistrict property.
Consolidation—Petition.
Adjustment of assets and liabilities.
Adjustment of indebtedness.
Adjustment of bonded indebtedness—Order—Special
elections.
Notice of elections.
Special election—Determination—Order—Certification.
Rejection of proposal.
School district organizational changes—Corporate existence—Payment of bonded indebtedness—Levy
authority.
Appeal.
Part headings and captions not law—1999 c 315.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29A.76.010.
School district boundary changes—Excess levies: RCW 84.09.037.
28A.315.025
(a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing:
(i) The formation and establishment of new school districts;
(ii) The alteration of the boundaries of existing districts;
and
(iii) The adjustment of the assets and liabilities of school
districts when changes are made under this chapter; and
(b) Establish methods and procedures whereby changes
in the school district system may be brought about by the
people concerned and affected.
(2) It is the state's policy that decisions on proposed
changes in school district organization should be made,
whenever possible, by negotiated agreement between the
affected school districts. If the districts cannot agree, the
decision shall be made by the regional committees on school
district organization, based on the committees' best judgment, taking into consideration the following factors and factors under RCW 28A.315.205:
(a) A balance of local petition requests and the needs of
the statewide community at large in a manner that advances
the best interest of public education in the affected school districts and communities, the educational service district, and
the state;
(b) Responsibly serving all of the affected citizens and
students by contributing to logical service boundaries and
recognizing a changing economic pattern within the educational service districts of the state;
(c) Enhancing the educational opportunities of pupils in
the territory by reducing existing disparities among the
affected school districts' ability to provide operating and capital funds through an equitable adjustment of the assets and
liabilities of the affected districts;
(d) Promoting a wiser use of public funds through
improvement in the school district system of the educational
service districts and the state; and
(e) Other criteria or considerations as may be established
in rule by the state board of education.
(3) It is neither the intent nor purpose of this chapter to
apply to organizational changes and the procedure therefor
relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW. [1999 c 315 § 101.]
28A.315.005
28A.315.005 Governance structure. (1) Under the
constitutional framework and the laws of the state of Washington, the governance structure for the state's public common school system is comprised of the following bodies:
The legislature, the governor, the superintendent of public
instruction, the state board of education, the educational service district boards of directors, and local school district
boards of directors. The respective policy and administrative
roles of each body are determined by the state Constitution
and statutes.
(2) Local school districts are political subdivisions of the
state and the organization of such districts, including the
powers, duties, and boundaries thereof, may be altered or
abolished by laws of the state of Washington. [1999 c 315 §
1.]
28A.315.015
28A.315.015 Purpose—Policy. (1) It is the purpose of
this chapter to:
(2004 Ed.)
28A.315.025
28A.315.025 Definitions. As used in this chapter:
(1) "Change in the organization and extent of school districts" means the formation and establishment of new school
districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of
them.
(2) "Regional committee" means the regional committee
on school district organization created by this chapter.
(3) "State board" means the state board of education.
(4) "School district" means the territory under the jurisdiction of a single governing board designated and referred to
as the board of directors.
(5) "Educational service district superintendent" means
the educational service district superintendent as provided for
in RCW 28A.310.170 or his or her designee. [1990 c 33 §
293; 1985 c 385 § 1; 1983 c 3 § 33; 1975 1st ex.s. c 275 § 78;
1971 c 48 § 25; 1969 ex.s. c 223 § 28A.57.020. Prior: 1955 c
[Title 28A RCW—page 111]
28A.315.035
Title 28A RCW: Common School Provisions
395 § 1; 1947 c 266 § 2; Rem. Supp. 1947 § 4693-21. Formerly RCW 28A.315.020, 28A.57.020, 28.57.020.]
Severability—1985 c 385: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 385 § 41.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.315.035
28A.315.035 Organization of school districts. A
school district shall be organized in form and manner as hereinafter in this chapter provided, and shall be known as . . . . . .
(insert here the name of the district) School District No. . . . .,
. . . . . . county, state of Washington: PROVIDED, That all
school districts now existing as shown by the records of the
educational service district superintendent are hereby recognized as legally organized districts: PROVIDED FURTHER, That all school districts existing on April 25, 1969 as
shown by the records of the county or intermediate district
superintendents are hereby recognized as legally organized
districts. [1975 1st ex.s. c 275 § 88; 1969 ex.s. c 176 § 124;
1969 ex.s. c 223 § 28A.57.130. Prior: 1947 c 266 § 3; Rem.
Supp. 1947 § 4693-22. Formerly RCW 28A.315.220,
28A.57.130, 28.57.130.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.315.045
28A.315.045 Reorganization. (1) A new school district may be formed comprising contiguous territory lying in
either a single county or in two or more counties. The new
district may comprise:
(a) Two or more whole school districts;
(b) Parts of two or more school districts; and/or
(c) Territory that is not a part of any school district if
such territory is contiguous to the district to which it is transferred.
(2) The boundaries of existing school districts may be
altered:
(a) By the transfer of territory from one district to
another district;
(b) By the consolidation of one or more school districts
with one or more school districts; or
(c) By the dissolution and annexation to a district of a
part or all of one or more other districts or of territory that is
not a part of any school district: PROVIDED, That such territory shall be contiguous to the district to which it is transferred or annexed.
(3) Territory may be transferred or annexed to or consolidated with an existing school district without regard to
county boundaries. [1999 c 315 § 201.]
28A.315.055
28A.315.055 Conflicting or incorrectly described
school district boundaries. In case the boundaries of any of
the school districts are conflicting or incorrectly described,
the educational service district board of directors, after due
notice and a public hearing, shall change, harmonize, and
describe them and shall so certify, with a complete transcript
of boundaries of all districts affected, such action to the state
board for its approval or revision. Upon receipt of notification of state board action, the educational service district
superintendent shall transmit to the county legislative authority of the county or counties in which the affected districts are
[Title 28A RCW—page 112]
located a complete transcript of the boundaries of all districts
affected. [1999 c 315 § 203.]
28A.315.065
28A.315.065 District boundary changes—Submission to county auditor. (1) Any district boundary changes
shall be submitted to the county auditor by the educational
service district superintendent within thirty days after the
changes have been approved in accordance with this chapter.
The superintendent shall submit both legal descriptions and
maps.
(2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years
does not take effect until the following calendar year. [1999
c 315 § 204.]
28A.315.075
28A.315.075 Effect of 1999 c 315—Existing provisions not affected. (1) Any proposed change in school district organization initiated before July 25, 1999, shall be considered under the laws and rules in effect before July 25,
1999. Chapter 315, Laws of 1999 applies to any proposed
change in school district organization initiated on or after
July 25, 1999.
(2) For purposes of this section, "initiated" means the filing of a petition, the motion of a school board, or the report of
an educational service district. This section does not preclude
the filing of a new petition on or after July 25, 1999, where
the same or a similar proposal was filed before July 25, 1999.
[1999 c 315 § 205.]
28A.315.085
28A.315.085 Personnel and supplies—Reimbursement. (1) The superintendent of public instruction shall furnish to the state board and to regional committees the services
of employed personnel and the materials and supplies necessary to enable them to perform the duties imposed upon them
by this chapter and shall reimburse the members thereof for
expenses necessarily incurred by them in the performance of
their duties, such reimbursement for regional committee
members to be in accordance with RCW 28A.315.155, and
such reimbursement for state board members to be in accordance with RCW 28A.305.120.
(2) Costs that may be incurred by an educational service
district in association with school district negotiations under
RCW 28A.315.195 and supporting the regional committee
under RCW 28A.315.205 shall be reimbursed by the state
from such funds as are appropriated for these purposes.
[1999 c 315 § 206.]
28A.315.095
28A.315.095 Regional committees—Powers and
duties. The powers and duties of each regional committee
are to:
(1) Hear and approve or disapprove proposals for
changes in the organization and extent of school districts in
the educational service districts when a hearing on a proposal
has been requested under RCW 28A.315.195;
(2) Act on notices and proposals from the educational
service district under RCW 28A.315.225;
(3) Make an equitable adjustment of the property and
other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this
section, as to the old school districts and the new district or
(2004 Ed.)
Organization and Reorganization of School Districts
districts, if any, involved in or affected by a proposed change
in the organization and extent of the school districts;
(4) Make an equitable adjustment of the bonded indebtedness outstanding against any of the old and new districts
whenever in its judgment such adjustment is advisable, as to
all of the school districts involved in or affected by any
change heretofore or hereafter effected;
(5) Provide that territory transferred from a school district by a change in the organization and extent of school districts shall either remain subject to, or be relieved of, any one
or more excess tax levies that are authorized for the school
district under RCW 84.52.053 before the effective date of the
transfer of territory from the school district;
(6) Provide that territory transferred to a school district
by a change in the organization and extent of school districts
shall either be made subject to, or be relieved of, any one or
more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the
transfer of territory to the school district;
(7) Establish the date by which a committee-approved
transfer of territory shall take effect;
(8) Hold and keep a record of a public hearing or public
hearings (a) on every proposal for the formation of a new
school district or for the transfer from one existing district to
another of any territory in which children of school age reside
or for annexation of territory when the conditions set forth in
*RCW 28A.315.290 or 28A.315.320 prevail; and (b) on
every proposal for adjustment of the assets and of the liabilities of school districts provided for in this chapter. Three
members of the regional committee or two members of the
committee and the educational service district superintendent
may be designated by the committee to hold any public hearing that the committee is required to hold. The regional committee shall cause notice to be given, at least ten days prior to
the date appointed for any such hearing, in one or more newspapers of general circulation within the geographical boundaries of the school districts affected by the proposed change
or adjustment. In addition notice may be given by radio and
television, or either thereof, when in the committee's judgment the public interest will be served thereby; and
(9) Prepare and submit to the superintendent of public
instruction from time to time or, upon his or her request,
reports and recommendations respecting the urgency of need
for school plant facilities, the kind and extent of the facilities
required, and the development of improved local school
administrative units and attendance areas in the case of
school districts that seek state assistance in providing school
plant facilities. [1999 c 315 § 301.]
*Reviser's note: RCW 28A.315.290 and 28A.315.320 were repealed
by 1999 c 315 § 801. Later enactment of RCW 28A.315.320, see RCW
28A.315.225.
28A.315.105
28A.315.105 Regional committees—Created. There
is hereby created in each educational service district a committee which shall be known as the regional committee on
school district organization, which committee shall be composed of not less than seven nor more than nine registered
voters of the educational service district, the number to correspond with the number of board member districts established
for the governance of the educational service district in which
the regional committee is located. One member of the
(2004 Ed.)
28A.315.125
regional committee shall be elected from the registered voters
of each such educational service district board member district. [1985 c 385 § 2; 1969 ex.s. c 223 § 28A.57.030. Prior:
1947 c 266 § 11, part; Rem. Supp. 1947 § 4693-30, part;
prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part.
Formerly RCW 28A.315.040, 28A.57.030, 28.57.030, part.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.315.115
28A.315.115 Regional committees—Membership
limitation. Persons possessing the status of any of the following positions shall not be eligible to be a member of a
regional committee: The superintendent of public instruction, a member of the state board of education, an educational
service district superintendent, a member of a board of directors of a school district, a member of an educational service
district board, a member of a governing board of either a private school or a private school district which conducts any
grades kindergarten through twelve, officers appointed by
any such governing board, and employees of a school district,
an educational service district, the office of the superintendent of public instruction, a private school, or a private school
district. [1985 c 385 § 3; 1975 1st ex.s. c 275 § 79; 1969 ex.s.
c 176 § 115; 1969 ex.s. c 223 § 28A.57.031. Prior: 1947 c
226 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941
c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly
RCW 28A.315.050, 28A.57.031, 28.57.030, part.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.315.125
28A.315.125 Regional committees—Election of
members—Qualifications. The members of each regional
committee shall be elected in the following manner:
(1) On or before the 25th day of September, 1994, and
not later than the 25th day of September of every subsequent
even-numbered year, each superintendent of an educational
service district shall call an election to be held in each educational service district within which resides a member of a
regional committee whose term of office expires on the second Monday of January next following, and shall give written
notice thereof to each member of the board of directors of
each school district in the educational service district. Such
notice shall include instructions, and the rules and regulations
established by the state board of education for the conduct of
the election. The state board of education is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which
establish standards and procedures which the state board
deems necessary to conduct elections pursuant to this section;
to conduct run-off elections in the event an election for a
position is indecisive; and to decide run-off elections which
result in tie votes, in a fair and orderly manner.
(2) Candidates for membership on a regional committee
shall file a declaration of candidacy with the superintendent
of the educational service district wherein they reside. Declarations of candidacy may be filed by person or by mail not
earlier than the 1st day of October, and not later than the 15th
day of October of each even-numbered year. The superintendent may not accept any declaration of candidacy that is not
on file in his or her office or not postmarked before the 16th
day of October, or if not postmarked or the postmark is not
[Title 28A RCW—page 113]
28A.315.135
Title 28A RCW: Common School Provisions
legible, if received by mail after the 20th day of October of
each even-numbered year.
(3) Each member of the regional committee shall be
elected by a majority of the votes cast for all candidates for
the position by the members of the boards of directors of
school districts in the educational service district. All votes
shall be cast by mail ballot addressed to the superintendent of
the educational service district wherein the school director
resides. No votes shall be accepted for counting if postmarked after the 16th day of November or if not postmarked
or the postmark is not legible, if received by mail after the
21st day of November of each even-numbered year. An election board comprised of three persons appointed by the board
of the educational service district shall count and tally the
votes not later than the 25th day of November or the next
business day if the 25th falls on a Saturday, Sunday, or legal
holiday of each even-numbered year. Each vote cast by a
school director shall be recorded as one vote. Within ten days
following the count of votes, the educational service district
superintendent shall certify to the superintendent of public
instruction the name or names of the person(s) elected to be
members of the regional committee.
(4) In the event of a change in the number of educational
service districts or in the number of educational service district board members pursuant to chapter 28A.310 RCW a
new regional committee shall be elected for each affected
educational service district at the next election conducted
pursuant to this section. Those persons who were serving on
a regional committee within an educational service district
affected by a change in the number of districts or board members shall continue to constitute the regional committee for
the educational service district within which they are registered to vote until the majority of a new board has been
elected and certified.
(5) No member of a regional committee shall continue
to serve thereon if he or she ceases to be a registered voter of
the educational service district board member district or if he
or she is absent from three consecutive meetings of the committee without an excuse acceptable to the committee. [1993
c 416 § 2; 1990 c 33 § 295; 1985 c 385 § 4; 1975-'76 2nd ex.s.
c 15 § 1. Prior: 1975 1st ex.s. c 275 § 80; 1975 c 43 § 3; 1969
ex.s. c 176 § 116; 1969 ex.s. c 223 § 28A.57.032; prior: 1947
c 226 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior:
1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.060, 28A.57.032, 28.57.030, part.]
Effective date—1993 c 416: "This act shall take effect September 1,
1994." [1993 c 416 § 4.]
district in which the committee is located, by the vote of a
majority of the members in its legally established number of
board member positions, shall appoint a sufficient number of
committee members to constitute a legal majority on the
committee. Appointees to fill vacancies shall meet the
requirements provided by law for committee members and
shall serve until the next regular election for members of
regional committees at which time a successor shall be
elected for the balance of the unexpired term. [1985 c 385 §
5; 1975 1st ex.s. c 275 § 81; 1969 ex.s. c 176 § 117; 1969
ex.s. c 223 § 28A.57.033. Prior: 1947 c 266 § 11, part; Rem.
Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem.
Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.070,
28A.57.033, 28.57.030, part.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.315.145
28A.315.145 Regional committees—Terms of members. The terms of members of the regional committees shall
be for four years and until their successors are certified as
elected. For the 1994 election conducted pursuant to *RCW
28A.315.030 and the election of a new regional committee
following a change in the number of educational service districts or board members, regional committee member positions one, three, five, seven, and nine shall be for a term of
two years, positions two, four, six, and eight shall be for a
term of four years. [1993 c 416 § 3; 1990 c 33 § 296; 1985 c
385 § 6; 1969 ex.s. c 223 § 28A.57.034. Prior: 1947 c 226 §
11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941 c 248
§ 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW
28A.315.080, 28A.57.034, 28.57.030, part.]
*Reviser's note: RCW 28A.315.030 was repealed by 1999 c 315 § 801.
Effective date—1993 c 416: See note following RCW 28A.315.125.
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.315.155
28A.315.155 Regional committees—Members'
expenses reimbursed. Members of each regional committee
shall serve without compensation but shall be reimbursed for
expenses necessarily incurred in the performance of their
duties. [1985 c 385 § 7; 1969 ex.s. c 176 § 118; 1969 ex.s. c
223 § 28A.57.035. Prior: 1947 c 266 § 11, part; Rem. Supp.
1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp.
1941 § 4709-3, part. Formerly RCW 28A.315.090,
28A.57.035, 28.57.030, part.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1985 c 385: See note following RCW 28A.315.025.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.315.135
28A.315.135 Regional committees—Vacancies. In
case of a vacancy from any cause on a regional committee,
the remaining members of the committee shall fill such
vacancy by appointment pursuant to a majority vote of the
remaining members: PROVIDED, That should there exist
fewer members on a regional committee than constitutes a
majority of the legally established committee member positions, the educational service district board members of the
[Title 28A RCW—page 114]
28A.315.165
28A.315.165 Regional committees—Organization,
meetings, quorum. Each regional committee shall organize
by electing from its membership a chair and a vice chair. The
educational service district superintendent shall be the secretary of the committee. Meetings of the committee shall be
held upon call of the chair or of a majority of the members
thereof. A majority of the committee shall constitute a quorum. [1990 c 33 § 297; 1985 c 385 § 8; 1975 1st ex.s. c 275
§ 82; 1969 ex.s. c 176 § 119; 1969 ex.s. c 223 § 28A.57.040.
Prior: 1947 c 266 § 12; Rem. Supp. 1947 § 4693-31; prior:
(2004 Ed.)
Organization and Reorganization of School Districts
1941 c 248 § 4; Rem. Supp. 1941 § 4709-4. Formerly RCW
28A.315.100, 28A.57.040, 28.57.040.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.315.175
28A.315.175 State board—Powers and duties. The
powers and duties of the state board with respect to this chapter shall be:
(1) To aid regional committees in the performance of
their duties by furnishing them with plans of procedure, standards, data, maps, forms, and other necessary materials and
services essential to a study and understanding of the problems of school district organization in their respective educational service districts.
(2) To hear appeals as provided in RCW 28A.315.205.
[1999 c 315 § 302.]
28A.315.185
28A.315.185 Annual training. To the extent funds are
appropriated, the superintendent of public instruction, in
cooperation with the educational service districts and the
Washington state school directors' association, shall conduct
an annual training meeting for the regional committees, state
board members, educational service district superintendents,
and local school district superintendents and boards of directors. Training may also be provided upon request. [1999 c
315 § 303.]
28A.315.195
28A.315.195 Transfer of territory by petition—
Requirements—Rules—Costs. (1) A proposed change in
school district organization by transfer of territory from one
school district to another may be initiated by a petition in
writing presented to the educational service district superintendent:
(a) Signed by at least fifty percent plus one of the active
registered voters residing in the territory proposed to be
transferred; or
(b) Signed by a majority of the members of the board of
directors of one of the districts affected by a proposed transfer of territory.
(2) The petition shall state the name and number of each
district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the
change and the number of children of school age, if any,
residing in the territory.
(3) The educational service district superintendent shall
not complete any transfer of territory under this section that
involves ten percent or more of the common school student
population of the entire district from which the transfer is
proposed, unless the educational service district superintendent has first called and held a special election of the voters
of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford
those voters an opportunity to approve or reject the proposed
transfer. A simple majority shall determine approval or
rejection.
(4) The state board may establish rules limiting the frequency of petitions that may be filed pertaining to territory
included in whole or in part in a previous petition.
(2004 Ed.)
28A.315.205
(5) Upon receipt of the petition, the educational service
district superintendent shall notify in writing the affected districts that:
(a) Each school district board of directors, whether or not
initiating a proposed transfer of territory, is required to enter
into negotiations with the affected district or districts;
(b) In the case of a citizen-initiated petition, the affected
districts must negotiate on the entire proposed transfer of territory;
(c) The districts have ninety calendar days in which to
agree to the proposed transfer of territory;
(d) The districts may request and shall be granted by the
educational service district superintendent one thirty-day
extension to try to reach agreement; and
(e) Any district involved in the negotiations may at any
time during the ninety-day period notify the educational service district superintendent in writing that agreement will not
be possible.
(6) If the negotiating school boards cannot come to
agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the
affected districts, shall appoint a mediator. The mediator has
thirty days to work with the affected school districts to see if
an agreement can be reached on the proposed transfer of territory.
(7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts
do not request the services of a mediator or the mediator was
unable to bring the districts to agreement, either district may
file with the educational service district superintendent a
written request for a hearing by the regional committee.
(8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a
mediator or the mediator was unable to bring the districts to
agreement, the district in which the citizens who filed the
petition reside shall file with the educational service district
superintendent a written request for a hearing by the regional
committee, unless a majority of the citizen petitioners request
otherwise.
(9) Upon receipt of a notice under subsection (7) or (8) of
this section, the educational service district superintendent
shall notify the chair of the regional committee in writing
within ten days.
(10) Costs incurred by school districts under this section
shall be reimbursed by the state from such funds as are appropriated for this purpose. [2003 c 413 § 2; 1999 c 315 § 401.]
28A.315.205
28A.315.205 Transfer of territory by petition—
Regional committee responsibilities—Rules—Appeals.
(1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the
educational service district within sixty calendar days of
being notified under RCW 28A.315.195 (7) or (8).
(2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is
held by the committee, the committee shall issue its written
findings and decision to approve or disapprove the proposed
transfer of territory. The educational service district superintendent shall transmit a copy of the committee's decision to
[Title 28A RCW—page 115]
28A.315.215
Title 28A RCW: Common School Provisions
the superintendents of the affected school districts within ten
calendar days.
(3) In carrying out the purposes of RCW 28A.315.015
and in making decisions as authorized under RCW
28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in
school district organization complies with RCW
28A.315.015(2) and rules adopted by the state board under
chapter 34.05 RCW.
(4) State board rules under subsection (3) of this section
shall provide for giving consideration to all of the following:
(a) Student educational opportunities as measured by the
percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates;
(b) The safety and welfare of pupils. For the purposes of
this subsection, "safety" means freedom or protection from
danger, injury, or damage and "welfare" means a positive
condition or influence regarding health, character, and wellbeing;
(c) The history and relationship of the property affected
to the students and communities affected, including, for
example, inclusion within a single school district, for school
attendance and corresponding tax support purposes, of entire
master planned communities that were or are to be developed
pursuant to an integrated commercial and residential development plan with over one thousand dwelling units;
(d) Whether or not geographic accessibility warrants a
favorable consideration of a recommended change in school
district organization, including remoteness or isolation of
places of residence and time required to travel to and from
school; and
(e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund
and capital purposes through a reduction in disparities in per
pupil valuation when all funding sources are considered,
improvement in the economies in the administration and
operation of schools, and the extent the proposed change
would potentially reduce or increase the individual and
aggregate transportation costs of the affected school districts.
(5)(a)(i) A petitioner or school district may appeal a
decision by the regional committee to the state board based
on the claim that the regional committee failed to follow the
applicable statutory and regulatory procedures or acted in an
arbitrary and capricious manner. Any such appeal shall be
based on the record and the appeal must be filed within thirty
days of the final decision of the regional committee.
(ii) If the state board finds that all applicable procedures
were not followed or that the regional committee acted in an
arbitrary and capricious manner, it shall refer the matter back
to the regional committee with an explanation of the board's
findings. The regional committee shall rehear the proposal.
(iii) If the state board finds that all applicable procedures
were followed or that the regional committee did not act in an
arbitrary and capricious manner, depending on the appeal, the
educational service district shall be notified and directed to
implement the changes.
(b) Any school district or citizen petitioner affected by a
final decision of the regional committee may seek judicial
review of the committee's decision in accordance with RCW
34.05.570. [2003 c 413 § 1; 1999 c 315 § 402.]
[Title 28A RCW—page 116]
28A.315.215
28A.315.215 Transfer of territory by agreement or
order—Approval—Order. (1) Upon receipt by the educational service district superintendent of a written agreement
by two or more school districts to the transfer of territory
between the affected districts, the superintendent shall make
an order establishing all approved changes involving the
alteration of the boundaries of the affected districts. The
order shall also establish all approved terms of the equitable
adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to
each county auditor, each county treasurer, each county
assessor, and the superintendents of all school districts
affected by the action.
(2) Upon receipt by the educational service district
superintendent of a written order by the regional committee
approving the transfer of territory between two or more
school districts, the superintendent shall make an order establishing all approved changes involving the alteration of the
boundaries of the affected districts. The order may not be
implemented before the period of appeal authorized under
RCW 28A.315.205(5)(a)(i) has ended. The order shall also
establish all approved terms of the equitable adjustment of
assets and liabilities involving the affected districts. The
superintendent shall certify his or her action to each county
auditor, each county treasurer, each county assessor, and the
superintendents of all school districts affected by the action.
[1999 c 315 § 403.]
28A.315.225
28A.315.225 Dissolution and annexation of certain
districts—Annexation of nondistrict property. In case any
school district has an average enrollment of fewer than five
kindergarten through eighth grade pupils during the preceding school year or has not made a reasonable effort to maintain, during the preceding school year at least the minimum
term of school required by law, the educational service district superintendent shall report that fact to the regional committee, which committee shall dissolve the school district and
annex the territory thereof to some other district or districts.
For the purposes of this section, in addition to any other finding, "reasonable effort" shall be deemed to mean the attempt
to make up whatever days are short of the legal requirement
by conducting of school classes on any days to include available holidays, though not to include Saturdays and Sundays,
prior to June 15th of that year. School districts operating an
extended school year program, most commonly implemented
as a 45-15 plan, shall be deemed to be making a reasonable
effort. In the event any school district has suffered any interruption in its normal school calendar due to a strike or other
work stoppage or slowdown by any of its employees that district shall not be subject to this section. In case any territory is
not a part of any school district, the educational service district superintendent shall present to the regional committee a
proposal for the annexation of the territory to some contiguous district or districts. [1999 c 315 § 501.]
28A.315.235
28A.315.235 Consolidation—Petition. (1) A proposed
change in school district organization by consolidation of territory from two or more school districts to form a new school
district may be initiated by:
(2004 Ed.)
Organization and Reorganization of School Districts
(a) A written petition presented to the educational service district superintendent signed by ten or more registered
voters residing:
(i) In each whole district and in each part of a district
proposed to be included in any single new district; or
(ii) In the territory of a proposed new district that comprises a part of only one or more districts and approved by the
boards of directors of the affected school districts;
(b) A written petition presented to the educational service district superintendent signed by ten percent or more of
the registered voters residing in such affected areas or area
without the approval of the boards of directors of the affected
school districts.
(2) The petition shall state the name and number of each
district involved in or affected by the proposal to form the
new district and shall describe the boundaries of the proposed
new district. No more than one petition for consolidation of
the same two school districts or parts thereof shall be considered during a school fiscal year.
(3) The educational service district superintendent may
not complete any consolidation of territory under this section
unless he or she has first called and held a special election of
the voters of the affected districts to afford those voters an
opportunity to approve or reject the proposed consolidation.
A simple majority shall determine approval or rejection.
(4) If a proposed change in school district organization
by consolidation of territory has been approved under this
section, the educational service district superintendent shall
make an order establishing all approved changes involving
the alteration of the boundaries of the affected districts. The
order shall also establish all approved terms of the equitable
adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to
each county auditor, each county treasurer, each county
assessor, and the superintendents of all school districts
affected by the action. [1999 c 315 § 601.]
28A.315.245 Adjustment of assets and liabilities. In
determining an equitable adjustment of assets and liabilities,
the negotiating school districts and the regional committee
shall consider the following factors:
(1) The number of school age children residing in each
school district and in each part of a district involved or
affected by the proposed change in school district organization;
(2) The assessed valuation of the property located in
each school district and in each part of a district involved or
affected by the proposed change in school district organization;
(3) The purpose for which the bonded indebtedness of
any school district involved or affected by the proposed
change in school district organization was incurred;
(4) The history and relationship of the property affected
to the students and communities affected by the proposed
change in school district organization;
(5) Additional burdens to the districts affected by the
proposed change in school district organization as a result of
the proposed organization;
(6) The value, location, and disposition of all improvements located in the school districts involved or affected by
the proposed change in school district organization;
28A.315.245
(2004 Ed.)
28A.315.265
(7) The consideration of all other sources of funding; and
(8) Any other factors that in the judgment of the school
districts or regional committee are important or essential to
the making of an equitable adjustment of assets and liabilities. [1999 c 315 § 701.]
28A.315.255
28A.315.255 Adjustment of indebtedness. (1) The
fact of the issuance of bonds by a school district, heretofore
or hereafter, does not prevent changes in the organization and
extent of school districts, regardless of whether or not such
bonds or any part thereof are outstanding at the time of
change.
(2) In case of any change:
(a) The bonded indebtedness outstanding against any
school district involved in or affected by such change shall be
adjusted equitably among the old school districts and the new
district or districts, if any, involved or affected; and
(b) The property and other assets and the liabilities other
than bonded indebtedness of any school district involved in
or affected by any such change shall also be adjusted in the
manner and to the effect provided for in this section, except if
all the territory of an old school district is included in a single
new district or is annexed to a single existing district, in
which event the title to the property and other assets and the
liabilities other than bonded indebtedness of the old district
vests in and becomes the assets and liabilities of the new district or of the existing district, as applicable. [1999 c 315 §
702.]
28A.315.265
28A.315.265 Adjustment of bonded indebtedness—
Order—Special elections. If adjustments of bonded indebtedness are made between or among school districts in connection with the alteration of the boundaries of the school districts under this chapter, the order of the educational service
district superintendent establishing the terms of adjustment of
bonded indebtedness shall provide and specify:
(1) In every case where bonded indebtedness is transferred from one school district to another school district:
(a) That such bonded indebtedness is assumed by the
school district to which it is transferred;
(b) That thereafter such bonded indebtedness shall be the
obligation of the school district to which it is transferred;
(c) That, if the terms of adjustment so provide, any
bonded indebtedness thereafter incurred by such transferee
school district through the sale of bonds authorized before the
date its boundaries were altered shall be the obligation of
such school district including the territory added thereto; and
(d) That taxes shall be levied thereafter against the taxable property located within such school district as it is constituted after its boundaries were altered, the taxes to be levied at the times and in the amounts required to pay the principal of and the interest on the bonded indebtedness assumed or
incurred, as the same become due and payable.
(2) In computing the debt limitation of any school district from which or to which bonded indebtedness has been
transferred, the amount of transferred bonded indebtedness at
any time outstanding:
(a) Shall be an offset against and deducted from the total
bonded indebtedness, if any, of the school district from which
the bonded indebtedness was transferred; and
[Title 28A RCW—page 117]
28A.315.275
Title 28A RCW: Common School Provisions
(b) Shall be deemed to be bonded indebtedness solely of
the transferee school district that assumed the indebtedness.
(3) In every case where adjustments of bonded indebtedness do not provide for transfer of bonded indebtedness from
one school district to another school district:
(a) That the existing bonded indebtedness of each school
district, the boundaries of which are altered and any bonded
indebtedness incurred by each such school district through
the sale of bonds authorized before the date its boundaries
were altered is the obligation of the school district in its
reduced or enlarged form, as the case may be; and
(b) That taxes shall be levied thereafter against the taxable property located within each such school district in its
reduced or enlarged form, as the case may be, at the times and
in the amounts required to pay the principal of and interest on
such bonded indebtedness as the same become due and payable.
(4) If a change in school district organization approved
by the regional committee concerns a proposal to form a new
school district or a proposal for adjustment of bonded indebtedness involving an established school district and one or
more former school districts now included therein pursuant to
a vote of the people concerned, a special election of the voters
residing within the territory of the proposed new district, or
of the established district involved in a proposal for adjustment of bonded indebtedness as the case may be, shall be
held for the purpose of affording those voters an opportunity
to approve or reject such proposals as concern or affect them.
(5) In a case involving both the question of the formation
of a new school district and the question of adjustment of
bonded indebtedness, the questions may be submitted to the
voters either in the form of a single proposition or as separate
propositions, whichever seems expedient to the educational
service district superintendent. When the regional committee
has passed appropriate resolutions for the questions to be
submitted and the educational service district superintendent
has given notice thereof to the county auditor, the special
election shall be called and conducted, and the returns canvassed as in regular school district elections. [1999 c 315 §
703.]
28A.315.275
28A.315.275 Notice of elections. Notice of special
elections as provided for in RCW 28A.315.265 shall be given
by the county auditor as provided in *RCW 29.27.080. The
notice of election shall state the purpose for which the election has been called and contain a description of the boundaries of the proposed new district and a statement of any
terms of adjustment of bonded indebtedness on which to be
voted. [1999 c 315 § 704.]
*Reviser's note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193.
28A.315.285
28A.315.285 Special election—Determination—
Order—Certification. (1) If a special election is held to
vote on a proposal or alternate proposals to form a new
school district, the votes cast by the registered voters in each
component district shall be tabulated separately. Any such
proposition shall be considered approved only if it receives a
majority of the votes cast in each separate district voting
thereon.
[Title 28A RCW—page 118]
(2) If a special election is held to vote on a proposal for
adjustment of bonded indebtedness, the entire vote cast by
the registered voters of the proposed new district or of the
established district as the case may be shall be tabulated. Any
such proposition shall be considered approved if sixty percent or more of all votes cast thereon are in the affirmative.
(3) In the event of approval of a proposition or propositions voted on at a special election, the educational service
district superintendent shall:
(a) Make an order establishing such new school district
or such terms of adjustment of bonded indebtedness or both,
as were approved by the registered voters and shall also order
such other terms of adjustment, if there are any, of property
and other assets and of liabilities other than bonded indebtedness as have been approved by the state council; and
(b) Certify his or her action to the county and school district officials specified in RCW 28A.315.215. The educational service district superintendent may designate, with the
approval of the superintendent of public instruction, a name
and number different from that of any component thereof, but
must designate the new district by name and number different
from any other district in existence in the county.
(4) The educational service district superintendent shall
fix as the effective date of any order or orders he or she is
required to make by this chapter, the date specified in the
order of final approval of any change in the organization and
extent of school districts or of any terms of adjustment of the
assets and liabilities of school districts subject, for taxing purposes, to the redrawing of taxing district boundaries under
RCW 84.09.030, by the regional committee.
(5) Upon receipt of certification under this section, the
superintendent of each school district that is included in the
new district shall deliver to the superintendent of the new
school district those books, papers, documents, records, and
other materials pertaining to the territory transferred. [1999 c
315 § 705.]
28A.315.295
28A.315.295 Rejection of proposal. If a proposal for
the formation of a new school district and for adjustment of
bonded indebtedness, or either, is rejected by the registered
voters at a special election, the matter is terminated. [1999 c
315 § 706.]
28A.315.305
2 8A .3 1 5 .3 0 5 Sch oo l d ist r ic t o r g a niza t io na l
changes—Corporate existence—Payment of bonded
indebtedness—Levy authority. (1) Each school district
involved in or affected by any change made in the organization and extent of school districts under this chapter retains its
corporate existence insofar as is necessary for the purpose,
until the bonded indebtedness outstanding against it on and
after the effective date of the change has been paid in full.
This section may not be construed to prevent, after the effective date of the change, such adjustments of bonded indebtedness as are provided for in this chapter.
(2) The county legislative authority shall provide, by
appropriate levies on the taxable property of each school district, for the payment of the bonded indebtedness outstanding
against it after any of the changes or adjustments under this
chapter have been effected.
(2004 Ed.)
Provisions Applicable to All Districts
(3) In case any such changes or adjustments involve a
joint school district, the tax levy for the payment of any
bonded indebtedness outstanding against the joint district,
after the changes or adjustments are effected, shall be made
and the proceeds thereof shall be transmitted, credited, and
paid out in conformity with the provisions of law applicable
to the payment of the bonded indebtedness of joint school
districts. [1999 c 315 § 707.]
28A.320.015
28A.320.160 Alleged sexual misconduct by school employee—Parental
notification—Information on Washington public disclosure act.
28A.320.165 Notice of pesticide use.
PROGRAM EVALUATION
28A.320.200 Self-study process by school districts—Requirements—
Rules.
28A.320.230 Instructional materials—Instructional materials committee.
28A.320.240 Operation and stocking of libraries.
DEPOSIT, INVESTMENT, AND USE OF PROCEEDS
28A.315.315
28A.315.315 Appeal. An appeal may be taken, as provided for in RCW 28A.645.010, to the superior court of the
county in which a school district or any part thereof is situated on any question of adjustment of property and other
assets and of liabilities provided for in this chapter. If the
court finds the terms of the adjustment in question not equitable, the court shall make an adjustment that is equitable.
[1990 c 33 § 305; 1983 c 3 § 34; 1969 ex.s. c 223 §
28A.57.120. Prior: 1947 c 266 § 40; Rem. Supp. 1947 §
4693-59. Formerly RCW 28A.315.210, 28A.57.120,
28.57.120.]
Boundary change, copy of decision to county assessor: RCW 28A.645.040.
28A.315.901
28A.315.901 Part headings and captions not law—
1999 c 315. Part headings and section captions used in this
act are not any part of the law. [1999 c 315 § 808.]
Chapter 28A.320 RCW
PROVISIONS APPLICABLE TO ALL DISTRICTS
Chapter 28A.320
28A.320.300 Investment of funds, including funds received by ESD—
Authority—Procedure.
28A.320.310 Investment of building funds—Restrictions.
28A.320.320 Investment of funds of district—Service fee.
28A.320.330 School funds enumerated—Deposits—Uses.
ELECTORS—QUALIFICATIONS, VOTING PLACE,
AND SPECIAL MEETINGS
28A.320.400 Elections—Qualifications of electors—Voting place.
28A.320.410 Elections—Elections to be conducted according to Title 29A
RCW.
28A.320.420 Special meetings of voters—Authorized—Purpose.
28A.320.430 Special meetings of voters—Place, notice, procedure, record.
28A.320.440 Special meetings of voters—Directors to follow electors'
decision.
SUMMER SCHOOL, NIGHT SCHOOL,
EXTRACURRICULAR ACTIVITIES, AND ATHLETICS
28A.320.500 Summer and/or other student vacation period programs—
Authorized—Tuition and fees.
28A.320.510 Night schools, summer schools, meetings, use of facilities
for.
28A.320.520 School credit for participation in youth court.
Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035.
Sections
DISTRICT POWERS
DISTRICT POWERS
28A.320.010 Corporate powers.
28A.320.015 School boards of directors—Powers—Notice of adoption of
policy.
28A.320.020 Liability for debts and judgments.
28A.320.025 School district name change.
28A.320.030 Gifts, conveyances, etc., for scholarship and student aid purposes, receipt and administration.
28A.320.035 Contracting out—Board's powers and duties—Goods and
services.
28A.320.040 Bylaws for board and school government.
28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing
anticipated expenses.
28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless.
28A.320.070 School district as self-insurer—Authority.
28A.320.080 Commencement exercises—Lip reading instruction—Joint
purchasing, including issuing interest bearing warrants
and agreements with private schools—Budgets.
28A.320.090 Preparing and distributing information on district's instructional program, operation and maintenance—Limitation.
28A.320.100 Actions against officers, employees or agents of school districts and educational service districts—Defense, costs,
fees—Payment of obligation.
28A.320.110 Information and research services.
28A.320.120 Cooperation with technical colleges—Jurisdiction over property—Administrative charges—Discrimination against
employees of technical colleges prohibited—Dispute resolution.
28A.320.125 Safe school plans—Development—Progress reports—Rules.
28A.320.128 Notice and disclosure policies—Threats of violence—Student conduct—Immunity for good faith notice—Penalty.
28A.320.130 Weapons incidents—Reporting.
28A.320.135 Telecommunication devices—Limits on possession—Policies.
28A.320.140 Schools with special standards—Dress codes.
28A.320.155 Criminal history record information—School volunteers.
(2004 Ed.)
28A.320.010
28A.320.010 Corporate powers. A school district
shall constitute a body corporate and shall possess all the
usual powers of a public corporation, and in that name and
style may sue and be sued and transact all business necessary
for maintaining school and protecting the rights of the district, and enter into such obligations as are authorized therefor by law. [1969 ex.s. c 223 § 28A.58.010. Prior: (i) 1909 c
97 p 287 § 7, part; RRS § 4782, part; prior: 1897 c 118 § 44,
part; 1891 c 127 § 11, part; 1890 p 366 § 30, part. Formerly
RCW 28.58.040, part. (ii) 1947 c 266 § 6, part; Rem. Supp.
1947 § 4693-25, part; prior: 1909 c 97 p 265 § 2, part. Formerly RCW 28A.58.010, 28.57.135, 28.58.010.]
28A.320.015
28A.320.015 School boards of directors—Powers—
Notice of adoption of policy. (1) The board of directors of
each school district may exercise the following:
(a) The broad discretionary power to determine and
adopt written policies not in conflict with other law that provide for the development and implementation of programs,
activities, services, or practices that the board determines
will:
(i) Promote the education of kindergarten through
twelfth grade students in the public schools; or
(ii) Promote the effective, efficient, or safe management
and operation of the school district;
(b) Such powers as are expressly authorized by law; and
(c) Such powers as are necessarily or fairly implied in
the powers expressly authorized by law.
[Title 28A RCW—page 119]
28A.320.020
Title 28A RCW: Common School Provisions
(2) Before adopting a policy under subsection (1)(a) of
this section, the school district board of directors shall comply with the notice requirements of the open public meetings
act, chapter 42.30 RCW, and shall in addition include in that
notice a statement that sets forth or reasonably describes the
proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and
consideration of the comment by the board of directors.
[1992 c 141 § 301.]
Findings—Part headings—Severability—1992 c 141: See note following RCW 28A.410.040.
28A.320.020
28A.320.020 Liability for debts and judgments.
Every school district shall be liable for any debts legally due,
and for judgments against the district, and such district shall
pay any such judgment or liability out of the proper school
funds to the credit of the district. [1969 ex.s. c 223 §
28A.58.020. Prior: 1909 c 97 p 287 § 4; RRS § 4779; prior:
1897 c 118 § 41; 1890 p 365 § 27. Formerly RCW
28A.58.020, 28.58.020.]
28A.320.025
28A.320.025 School district name change. (1) The
board of directors may change the name of the school district
if:
(a) Either ten percent of the registered voters of the district file a petition requesting that the name of the school district be changed and submit the proposed new name with the
request to the board or the board passes a motion to hold a
hearing to change the school district name;
(b) After receiving the petition or adopting the motion,
the board holds a hearing within one month after the petition
was submitted to the board. The board shall publish notice of
the hearing and the proposed new name once a week for three
consecutive weeks in a newspaper of general circulation
within the school district. At the hearing, other names may be
proposed and considered by the board without additional
notice requirements; and
(c) A majority of the board votes to adopt the new name.
(2) If the board adopts the new name, the new name shall
be recorded in the school district office and with the educational service district superintendent, the superintendent of
public instruction, the state board of education, and the secretary of state. [1999 c 101 § 1.]
28A.320.030
28A.320.030 Gifts, conveyances, etc., for scholarship
and student aid purposes, receipt and administration.
The board of directors of any school district may accept,
receive and administer for scholarship and student aid purposes such gifts, grants, conveyances, devises and bequests
of personal or real property, in trust or otherwise, for the use
or benefit of the school district or its students; and sell, lease,
rent or exchange and invest or expend the same or the proceeds, rents, profits and income thereof according to the
terms and conditions thereof, if any, for the foregoing purposes; and enter into contracts and adopt regulations deemed
necessary by the board to provide for the receipt and expenditure of the foregoing. [1974 ex.s. c 8 § 1. Formerly RCW
28A.58.030.]
[Title 28A RCW—page 120]
28A.320.035 Contracting out—Board's powers and
duties—Goods and services. (1) The board of directors of a
school district may contract with other school districts, educational service districts, public or private organizations,
agencies, schools, or individuals to implement the board's
powers and duties. The board of directors of a school district
may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board
of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to
improve student learning or achievement.
(2) A contract under subsection (1) of this section may
not be made with a religious or sectarian organization or
school where the contract would violate the state or federal
Constitution. [1997 c 267 § 1.]
28A.320.035
28A.320.040 Bylaws for board and school government. Every board of directors shall have power to make
such bylaws for their own government, and the government
of the common schools under their charge, as they deem
expedient, not inconsistent with the provisions of this title, or
rules and regulations of the superintendent of public instruction or the state board of education. [1969 ex.s. c 223 §
28A.58.110. Prior: 1909 c 97 p 287 § 6; RRS § 4781; prior:
1897 c 118 § 43; 1890 p 366 § 29. Formerly RCW
28A.58.110, 28.58.110.]
28A.320.040
28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent
candidates—Advancing anticipated expenses. The actual
expenses of school directors in going to, returning from and
attending upon directors' meetings or other meetings called or
held pursuant to statute shall be paid. Likewise, the expenses
of school superintendents and other school representatives
chosen by the directors to attend any conferences or meetings
or to attend to any urgent business at the behest of the state
superintendent of public instruction or the board of directors
shall be paid. The board of directors may pay the actual and
necessary expenses for travel, lodging and meals a superintendent candidate incurs when he or she attends an employment interview in the school district. The school directors,
school superintendents, other school representatives or superintendent candidates may be advanced sufficient sums to
cover their anticipated expenses in accordance with rules and
regulations promulgated by the state auditor and which shall
substantially conform to the procedures provided in RCW
43.03.150 through 43.03.210. [1977 c 73 § 1; 1969 ex.s. c 26
§ 2; 1969 ex.s. c 223 § 28A.58.310. Prior: 1961 c 268 § 15;
prior: 1919 c 90 § 6, part; 1909 c 97 p 287 § 8, part; RRS §
4783, part. Formerly RCW 28A.58.310, 28.58.310.]
28A.320.050
28A.320.060 Officers, employees or agents of school
districts or educational service districts, insurance to protect and hold personally harmless. Any school district
board of directors and educational service district board are
authorized to purchase insurance to protect and hold personally harmless any director, officer, employee or agent of the
respective school district or educational service district from
any action, claim or proceeding instituted against him or her
28A.320.060
(2004 Ed.)
Provisions Applicable to All Districts
arising out of the performance or failure of performance of
duties for or employment with such institution and to hold
him or her harmless from any expenses connected with the
defense, settlement or monetary judgments from such
actions. [1990 c 33 § 330; 1975 1st ex.s. c 275 § 116; 1972
ex.s. c 142 § 2. Formerly RCW 28A.58.630.]
28A.320.070
28A.320.070 School district as self-insurer—Authority. Any school district board of directors is authorized to
enter into agreements with the board of directors of other
school districts and/or educational service districts to form a
self-insurance group for the purpose of qualifying as a selfinsurer under chapter 51.14 RCW. [1982 c 191 § 10. Formerly RCW 28A.58.410.]
Severability—1982 c 191: See note following RCW 28A.335.210.
School districts as self-insurers: RCW 51.14.150 and 51.14.160.
28A.320.080
28A.320.080 Commencement exercises—Lip reading
instruction—Joint purchasing, including issuing interest
bearing warrants and agreements with private schools—
Budgets. Every board of directors, unless otherwise specifically provided by law, shall:
(1) Provide for the expenditure of a reasonable amount
for suitable commencement exercises;
(2) In addition to providing free instruction in lip reading
for children disabled by defective hearing, make arrangements for free instruction in lip reading to adults disabled by
defective hearing whenever in its judgment such instruction
appears to be in the best interests of the school district and
adults concerned;
(3) Join with boards of directors of other school districts
or an educational service district pursuant to RCW
28A.310.180(3), or both such school districts and educational
service district in buying supplies, equipment and services by
establishing and maintaining a joint purchasing agency, or
otherwise, when deemed for the best interests of the district,
any joint agency formed hereunder being herewith authorized
and empowered to issue interest bearing warrants in payment
of any obligation owed: PROVIDED, HOWEVER, That
those agencies issuing interest bearing warrants shall assign
accounts receivable in an amount equal to the amount of the
outstanding interest bearing warrants to the county treasurer
issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the
request of any one or more private schools requesting the
agency to jointly buy supplies, equipment, and services
including but not limited to school bus maintenance services,
and, after considering such request, may cooperate with and
jointly make purchases with private schools of supplies,
equipment, and services, including but not limited to school
bus maintenance services, so long as such private schools pay
in advance their proportionate share of the costs or provide a
surety bond to cover their proportionate share of the costs
involved in such purchases;
(4) Consider the request of any one or more private
schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus
maintenance services, and, after considering such request,
may provide such joint purchasing services: PROVIDED,
That such private schools pay in advance their proportionate
(2004 Ed.)
28A.320.100
share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and
(5) Prepare budgets as provided for in chapter 28A.505
RCW. [1995 c 77 § 21; 1990 c 33 § 331; 1986 c 77 § 1; 1983
c 125 § 1; 1981 c 308 § 1; 1979 ex.s. c 66 § 2; 1971 c 26 § 1;
1969 c 53 § 2; 1969 ex.s. c 223 § 28A.58.107. Prior: 1969 c
53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part;
1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1,
part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1,
part; 1955 c 68 § 2, part; prior: 1943 c 52 § 1, part; 1941 c
179 § 1, part; 1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part;
1919 c 89 § 3, part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2,
part; 1907 c 240 § 5, part; 1903 c 104 § 17, part; 1901 c 41 §
3, part; 1897 c 118 § 40, part; 1890 p 364 § 26, part; Rem.
Supp. 1943 § 4776, part. Formerly RCW 28A.58.107,
28.58.100(7), (13) and (14).]
Severability—1981 c 308: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 308 § 3.]
Severability—1979 ex.s. c 66: See note following RCW 28A.310.180.
28A.320.090
28A.320.090 Preparing and distributing information
on district's instructional program, operation and maintenance—Limitation. The board of directors of any school
district shall have authority to authorize the expenditure of
funds for the purpose of preparing and distributing information to the general public to explain the instructional program, operation and maintenance of the schools of the district: PROVIDED, That nothing contained herein shall be
construed to authorize preparation and distribution of information to the general public for the purpose of influencing
the outcome of a school district election. [1969 ex.s. c 283 §
11. Formerly RCW 28A.58.610, 28.58.610.]
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28A.320.100
28A.320.100 Actions against officers, employees or
agents of school districts and educational service districts—Defense, costs, fees—Payment of obligation.
Whenever any action, claim or proceeding is instituted
against any director, officer, employee or agent of a school
district or educational service district arising out of the performance or failure of performance of duties for, or employment with any such district, the board of directors of the
school district or educational service district board, as the
case may be, may grant a request by such person that the
prosecuting attorney and/or attorney of the district's choosing
be authorized to defend said claim, suit or proceeding, and
the costs of defense, attorney's fees, and any obligation for
payment arising from such action may be paid from the
school district's general fund, or in the case of an educational
service district, from any appropriation made for the support
of the educational service district, to which said person is
attached: PROVIDED, That costs of defense and/or judgment against such person shall not be paid in any case where
the court has found that such person was not acting in good
faith or within the scope of his or her employment with or
duties for the district. [1990 c 33 § 332; 1975 1st ex.s. c 275
§ 115; 1972 ex.s. c 142 § 1. Formerly RCW 28A.58.620.]
[Title 28A RCW—page 121]
28A.320.110
Title 28A RCW: Common School Provisions
28A.320.110
28A.320.110 Information and research services. For
the purpose of obtaining information on school organization,
administration, operation, finance and instruction, school districts and educational service districts may contract for or
purchase information and research services from public universities, colleges and other public bodies, or from private
individuals or agencies. For the same purpose, school districts and educational service district superintendents may
become members of any nonprofit organization whose principal purpose is to provide such services. Charges payable for
such services and membership fees payable to such organizations may be based on the cost of providing such services, on
the benefit received by the participating school districts measured by enrollment, or on any other reasonable basis, and
may be paid before, during, or after the receipt of such services or the participation as members of such organizations.
[1975 1st ex.s. c 275 § 112; 1971 ex.s. c 93 § 4; 1969 ex.s. c
176 § 142; 1969 ex.s. c 223 § 28A.58.530. Prior: 1963 c 30
§ 1. Formerly RCW 28A.58.530, 28.58.530.]
developing their own individual comprehensive safe school
plans, and successful models of comprehensive safe school
plans that include prevention, intervention, all-hazards/crisis
response, and postcrisis recovery.
(2) Schools and school districts shall consider the guidance, including the comprehensive school safety checklist
and the model comprehensive safe school plans, when developing their own individual comprehensive safe school plans.
(3) The superintendent of public instruction, in consultation with school district superintendents, shall establish timelines for school districts to develop individual comprehensive
safe school plans. The superintendent of public instruction
shall require school districts to periodically report progress
on their comprehensive safe school plans.
(4) The superintendent of public instruction may adopt
rules to implement provisions of this section. These rules
may include, but are not limited to, provisions for periodic
drills and testing, evacuations, lockdowns, or other components of a comprehensive safe school plan. [2002 c 205 § 2.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Findings—2002 c 205: "Following the tragic events of September 11,
2001, the government's primary role in protecting the health, safety, and
well-being of its citizens has been underscored. The legislature recognizes
that there is a need to focus on the development and implementation of comprehensive safe school plans for each public school. The legislature recognizes that comprehensive safe school plans for each public school are an
integral part of rebuilding public confidence. In developing these plans, the
legislature finds that a coordinated effort is essential to ensure the most
effective response to any type of emergency. Further, the legislature recognizes that comprehensive safe school plans for each public school are of paramount importance and will help to assure students, parents, guardians,
school employees, and school administrators that our schools provide the
safest possible learning environment." [2002 c 205 § 1.]
28A.320.120
28A.320.120 Cooperation with technical colleges—
Jurisdiction over property—Administrative charges—
Discrimination against employees of technical colleges
prohibited—Dispute resolution. As of May 17, 1991,
school districts shall not remove facilities, equipment, or
property from the jurisdiction or use of the technical colleges.
This shall include direct and indirect funds other than those
indirect charges provided for in the 1990-91 appropriations
act. School districts shall not increase direct or indirect
charges for central district administrative support for technical college programs above the percentage rate charged in the
1990-91 school year. This provision on administrative
charges for technical college programs shall apply to any
state and federal grants, tuition, and other revenues generated
by technical college programs. School districts and the superintendent of public instruction shall cooperate fully with the
technical colleges and the state board for community and
technical colleges with regard to the implementation of chapter 238, Laws of 1991. No employee of a technical college
may be discriminated against based on actions or opinions
expressed on issues surrounding chapter 238, Laws of 1991.
Any dispute related to issues contained in this section shall be
resolved under RCW 28B.50.302. [1991 c 238 § 142.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.320.125
28A.320.125 Safe school plans—Development—
Progress reports—Rules. (1) By June 1, 2002, within existing resources, the superintendent of public instruction, in
consultation with representatives from the emergency management division of the state military department, educators,
classified staff, principals, superintendents, administrators,
the American society for industrial security, the state criminal
justice training commission, the Washington association of
sheriffs and police chiefs, and others as determined by the
superintendent, shall provide guidance to school districts in
developing comprehensive safe school plans for each school.
This guidance shall include, but shall not be limited to, a
comprehensive school safety checklist to use as a tool when
[Title 28A RCW—page 122]
Severability—2002 c 205: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [2002 c 205 § 5.]
Effective dates—2002 c 205 §§ 2, 3, and 4: "(1) Sections 2 and 4 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [March 27, 2002].
(2) Section 3 of this act takes effect September 1, 2002." [2002 c 205
§ 6.]
28A.320.128
28A.320.128 Notice and disclosure policies—Threats
of violence—Student conduct—Immunity for good faith
notice—Penalty. (1) By September 1, 2003, each school
district board of directors shall adopt a policy that addresses
the following issues:
(a) Procedures for providing notice of threats of violence
or harm to the student or school employee who is the subject
of the threat. The policy shall define "threats of violence or
harm";
(b) Procedures for disclosing information that is provided to the school administrators about a student's conduct,
including but not limited to the student's prior disciplinary
records, official juvenile court records, and history of violence, to classroom teachers, school staff, and school security
who, in the judgment of the principal, should be notified; and
(c) Procedures for determining whether or not any
threats or conduct established in the policy may be grounds
for suspension or expulsion of the student.
(2) The superintendent of public instruction, in consultation with educators and representatives of law enforcement,
classified staff, and organizations with expertise in violence
(2004 Ed.)
Provisions Applicable to All Districts
prevention and intervention, shall adopt a model policy that
includes the issues listed in subsection (1) of this section by
January 1, 2003. The model policy shall be posted on the
superintendent of public instruction's web site. The school
districts, in drafting their own policies, shall review the
model policy.
(3) School districts, school district boards of directors,
school officials, and school employees providing notice in
good faith as required and consistent with the board's policies
adopted under this section are immune from any liability arising out of such notification.
(4) A person who intentionally and in bad faith or maliciously, knowingly makes a false notification of a threat
under this section is guilty of a misdemeanor punishable
under RCW 9A.20.021. [2002 c 206 § 1.]
28A.320.130
28A.320.130 Weapons incidents—Reporting. Each
school district and each private school approved under chapter 28A.195 RCW shall report to the superintendent of public
instruction by January 31st of each year all known incidents
involving the possession of weapons on school premises, on
transportation systems, or in areas of facilities while being
used exclusively by public or private schools, in violation of
RCW 9.41.280 in the year preceding the report. The superintendent shall compile the data and report it to the house of
representatives, the senate, and the governor. [1993 c 347 §
2.]
28A.320.135
28A.320.135 Telecommunication devices—Limits on
possession—Policies. School district boards of directors
may adopt policies that limit the possession of (1) paging
telecommunication devices by students that emit audible signals, vibrate, display a message, or otherwise summons or
delivers a communication to the possessor, and (2) portable
or cellular telephones. [1997 c 266 § 10.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.320.140
28A.320.140 Schools with special standards—Dress
codes. (1) School district boards of directors may establish
schools or programs which parents may choose for their children to attend in which: (a) Students are required to conform
to dress and grooming codes, including requiring that students wear uniforms; (b) parents are required to participate in
the student's education; or (c) discipline requirements are
more stringent than in other schools in the district.
(2) School district boards of directors may establish
schools or programs in which: (a) Students are required to
conform to dress and grooming codes, including requiring
that students wear uniforms; (b) parents are regularly counseled and encouraged to participate in the student's education;
or (c) discipline requirements are more stringent than in other
schools in the district. School boards may require that students who are subject to suspension or expulsion attend these
schools or programs as a condition of continued enrollment
in the school district.
(3) If students are required to wear uniforms in these programs or schools, school districts shall accommodate students so that the uniform requirement is not an unfair barrier
to school attendance and participation.
(2004 Ed.)
28A.320.160
(4) Nothing in this section impairs or reduces in any
manner whatsoever the authority of a board under other law
to impose a dress and appearance code. However, if a board
requires uniforms under such other authority, it shall accommodate students so that the uniform requirement is not an
unfair barrier to school attendance and participation.
(5) School district boards of directors may adopt dress
and grooming code policies which prohibit students from
wearing gang-related apparel. If a dress and grooming code
policy contains this provision, the school board must also
establish policies to notify students and parents of what clothing and apparel is considered to be gang-related apparel. This
notice must precede any disciplinary action resulting from a
student wearing gang-related apparel.
(6) School district boards of directors may not adopt a
dress and grooming code policy which precludes students
who participate in nationally recognized youth organizations
from wearing organization uniforms on days that the organization has a scheduled activity or prohibit students from
wearing clothing in observance of their religion. [1997 c 266
§ 14; 1994 sp.s. c 7 § 612.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
28A.320.155
28A.320.155 Criminal history record information—
School volunteers. If a volunteer alerts a school district that
the volunteer has undergone a criminal records check in
accordance with applicable state law, including RCW
10.97.050, 28A.400.303, 28A.410.010, or 43.43.830 through
43.43.845, within the two years before the time the volunteer
is volunteering in the school, then the school may request that
the volunteer furnish the school with a copy of the criminal
history record information or sign a release to the business,
school, organization, criminal justice agency, or juvenile justice or care agency, or other state agency that originally
obtained the criminal history record information to permit the
record information to be shared with the school. Once the
school requests the information from the business, school,
organization, or agency the information shall be furnished to
the school. Any business, school, organization, agency, or its
employee or official that shares the criminal history record
information with the requesting school in accordance with
this section is immune from criminal and civil liability for
dissemination of the information.
If the criminal history record information is shared, the
school must require the volunteer to sign a disclosure statement indicating that there has been no conviction since the
completion date of the most recent criminal background
inquiry. [1999 c 21 § 1.]
28A.320.160
28A.320.160 Alleged sexual misconduct by school
employee—Parental notification—Information on Washington public disclosure act. School districts must, at the
first opportunity but in all cases within forty-eight hours of
receiving a report alleging sexual misconduct by a school
employee, notify the parents of a student alleged to be the
victim, target, or recipient of the misconduct. School districts
shall provide parents with information regarding their rights
under the Washington public disclosure act, chapter 42.17
[Title 28A RCW—page 123]
28A.320.165
Title 28A RCW: Common School Provisions
RCW, to request the public records regarding school
employee discipline. This information shall be provided to
all parents on an annual basis. [2004 c 29 § 3.]
Findings—2004 c 29: See note following RCW 28A.400.301.
28A.320.165
28A.320.165 Notice of pesticide use. Schools as
defined in RCW 17.21.415 shall provide notice of pesticide
use to parents or guardians of students and employees pursuant to chapter 17.21 RCW. [2001 c 333 § 4.]
Effective date—2001 c 333: See note following RCW 17.21.020.
PROGRAM EVALUATION
28A.320.200
28A.320.200 Self-study process by school districts—Requirements—Rules.
Reviser's note: RCW 28A.320.200 was amended by 1995 c 335 § 502
without reference to its repeal by 1992 c 141 § 506. It has been decodified for
publication purposes under RCW 1.12.025.
28A.320.230
28A.320.230 Instructional materials—Instructional
materials committee. Every board of directors, unless otherwise specifically provided by law, shall:
(1) Prepare, negotiate, set forth in writing and adopt, policy relative to the selection or deletion of instructional materials. Such policy shall:
(a) State the school district's goals and principles relative
to instructional materials;
(b) Delegate responsibility for the preparation and recommendation of teachers' reading lists and specify the procedures to be followed in the selection of all instructional materials including text books;
(c) Establish an instructional materials committee to be
appointed, with the approval of the school board, by the
school district's chief administrative officer. This committee
shall consist of representative members of the district's professional staff, including representation from the district's
curriculum development committees, and, in the case of districts which operate elementary school(s) only, the educational service district superintendent, one of whose responsibilities shall be to assure the correlation of those elementary
district adoptions with those of the high school district(s)
which serve their children. The committee may include parents at the school board's discretion: PROVIDED, That parent members shall make up less than one-half of the total
membership of the committee;
(d) Provide for reasonable notice to parents of the opportunity to serve on the committee and for terms of office for
members of the instructional materials committee;
(e) Provide a system for receiving, considering and acting upon written complaints regarding instructional materials
used by the school district;
(f) Provide free text books, supplies and other instructional materials to be loaned to the pupils of the school, when,
in its judgment, the best interests of the district will be subserved thereby and prescribe rules and regulations to preserve
such books, supplies and other instructional materials from
unnecessary damage.
Recommendation of instructional materials shall be by
the district's instructional materials committee in accordance
with district policy. Approval or disapproval shall be by the
local school district's board of directors.
[Title 28A RCW—page 124]
Districts may pay the necessary travel and subsistence
expenses for expert counsel from outside the district. In addition, the committee's expenses incidental to visits to observe
other districts' selection procedures may be reimbursed by the
school district.
Districts may, within limitations stated in board policy,
use and experiment with instructional materials for a period
of time before general adoption is formalized.
Within the limitations of board policy, a school district's
chief administrator may purchase instructional materials to
meet deviant needs or rapidly changing circumstances.
(2) Establish a depreciation scale for determining the
value of texts which students wish to purchase. [1989 c 371
§ 1; 1979 ex.s. c 134 § 2; 1975 1st ex.s. c 275 § 109; 1971 c
48 § 29; 1969 ex.s. c 223 § 28A.58.103. Prior: 1969 c 53 § 1,
part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s.
c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c
305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955
c 68 § 2, part. Formerly RCW 28A.58.103, 28.58.100 (8) and
(9).]
Severability—1971 c 48: See note following RCW 28A.305.040.
Disposal of obsolete or surplus reading materials by school districts and
libraries: RCW 39.33.070.
Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180.
28A.320.240
28A.320.240 Operation and stocking of libraries.
Every board of directors shall provide for the operation and
stocking of such libraries as the board deems necessary for
the proper education of the district's students or as otherwise
required by law or rule or regulation of the superintendent of
public instruction or the state board of education. [1969 ex.s.
c 223 § 28A.58.104. Prior: (i) 1909 c 97 p 299 § 7; RRS §
4817. Formerly RCW 28.63.040. (ii) 1909 c 97 p 302 § 7;
RRS § 4829. Formerly RCW 28A.58.104, 28.63.042.]
DEPOSIT, INVESTMENT, AND USE OF PROCEEDS
28A.320.300
28A.320.300 Investment of funds, including funds
received by ESD—Authority—Procedure. Any common
school district board of directors is empowered to direct and
authorize, and to delegate authority to an employee, officer,
or agent of the common school district or the educational service district to direct and authorize, the county treasurer to
in v e s t f u n d s d e s c r ib e d in RC W 28 A .3 2 0 . 3 1 0 a n d
28A.320.320 and funds from state and federal sources as are
then or thereafter received by the educational service district,
and such funds from county sources as are then or thereafter
received by the county treasurer, for distribution to the common school districts. Funds from state, county and federal
sources which are so invested may be invested only for the
period the funds are not required for the immediate necessities of the common school district as determined by the
school district board of directors or its delegatee, and shall be
invested in behalf of the common school district pursuant to
the terms of RCW 28A.320.310, 28A.320.320, 36.29.020,
36.29.022, or 36.29.024 as the nature of the funds shall dictate. A grant of authority by a common school district pursuant to this section shall be by resolution of the board of directors and shall specify the duration and extent of the authority
so granted. Any authority delegated to an educational service
(2004 Ed.)
Provisions Applicable to All Districts
district pursuant to this section may be redelegated pursuant
to RCW 28A.310.220. [1999 c 18 § 1; 1990 c 33 § 335; 1982
c 191 § 5; 1975 c 47 § 1. Formerly RCW 28A.58.430.]
Severability—1982 c 191: See note following RCW 28A.335.210.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
28A.320.310
28A.320.310 Investment of building funds—Restrictions. The board of directors of any school district of the
state of Washington which now has, or hereafter shall have,
funds in the capital projects fund of the district in the office of
the county treasurer which in the judgment of said board are
not required for the immediate necessities of the district, may
invest and reinvest all, or any part, of such funds pursuant to
RCW 35.39.030, 36.29.020, 36.29.022, 36.29.024,
39.59.020, 39.59.030, and 43.84.080: PROVIDED, That
nothing herein authorized, or the type and character of the
securities thus specified, shall have in itself the effect of
delaying any program of building for which said funds shall
have been authorized. Said funds and said securities and the
profit and interest thereon, and the proceeds thereof, shall be
held by the county treasurer to the credit and benefit of the
capital projects fund of the district in the county treasurer's
office. [1999 c 18 § 2; 1990 c 33 § 336; 1985 c 7 § 95; 1971
c 8 § 4. Prior: 1945 c 29 § 1. Formerly RCW 28A.58.435.]
Severability—1971 c 8: "If any provision of this 1971 act, or its application to any person or circumstance is held invalid, the remainder of the act,
or the application of the provision to other persons or circumstances is not
affected." [1971 c 8 § 7.]
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.320.320
28A.320.320 Investment of funds of district—Service
fee. The county treasurer, or the trustee, guardian, or any
other custodian of any school fund, when authorized to do so
by the board of directors of any school district, shall invest or
reinvest any school funds of such district in investment securities pursuant to RCW 36.29.020 and 36.29.022. The county
treasurer shall have the power to select the particular investment in which said funds may be invested. All earnings and
income from such investments shall inure to the benefit of
any school fund designated by the board of directors of the
school district which such board may lawfully designate:
PROVIDED, That any interest or earnings being credited to a
fund different from that which earned the interest or earnings
shall only be expended for instructional supplies, equipment
or capital outlay purposes. This section shall apply to all
funds which may be lawfully so invested or reinvested which
in the judgment of the school board are not required for the
immediate necessities of the district.
Five percent of the interest or earnings, with an annual
minimum of ten dollars or annual maximum of fifty dollars,
on any transactions authorized by each resolution of the
board of school directors shall be paid as an investment service fee to the office of county treasurer when the interest or
earnings becomes available to the school district or an
amount as determined pursuant to RCW 36.29.022 and
36.29.024. [1999 c 18 § 3; 1983 c 66 § 1; 1969 ex.s. c 223 §
28A.58.440. Prior: 1965 c 111 § 1; 1961 c 123 § 1. Formerly
RCW 28A.58.440, 28.58.440.]
Severability—1983 c 66: See note following RCW 39.58.010.
Investment of idle building funds—1945 act: 1945 c 29 § 1.
(2004 Ed.)
28A.320.330
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.320.330
28A.320.330 School funds enumerated—Deposits—
Uses. School districts shall establish the following funds in
addition to those provided elsewhere by law:
(1) A general fund for maintenance and operation of the
school district to account for all financial operations of the
school district except those required to be accounted for in
another fund.
(2) A capital projects fund shall be established for major
capital purposes. All statutory references to a "building fund"
shall mean the capital projects fund so established. Money to
be deposited into the capital projects fund shall include, but
not be limited to, bond proceeds, proceeds from excess levies
authorized by RCW 84.52.053, state apportionment proceeds
as authorized by RCW 28A.150.270, and earnings from capital projects fund investments as authorized by RCW
28A.320.310 and 28A.320.320.
Money derived from the sale of bonds, including interest
earnings thereof, may only be used for those purposes
described in RCW 28A.530.010, except that accrued interest
paid for bonds shall be deposited in the debt service fund.
Money to be deposited into the capital projects fund shall
include but not be limited to rental and lease proceeds as
authorized by RCW 28A.335.060, and proceeds from the sale
of real property as authorized by RCW 28A.335.130.
Money legally deposited into the capital projects fund
from other sources may be used for the purposes described in
RCW 28A.530.010, and for the purposes of:
(a) Major renovation, including the replacement of facilities and systems where periodical repairs are no longer economical. Major renovation and replacement shall include, but
shall not be limited to, roofing, heating and ventilating systems, floor covering, and electrical systems.
(b) Renovation and rehabilitation of playfields, athletic
fields, and other district real property.
(c) The conduct of preliminary energy audits and energy
audits of school district buildings. For the purpose of this section:
(i) "Preliminary energy audits" means a determination of
the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major
energy using systems of the building.
(ii) "Energy audit" means a survey of a building or complex which identifies the type, size, energy use level, and
major energy using systems; which determines appropriate
energy conservation maintenance or operating procedures
and assesses any need for the acquisition and installation of
energy conservation measures, including solar energy and
renewable resource measures.
(iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily
intended to reduce energy consumption or allow the use of an
alternative energy source.
(d) Those energy capital improvements which are identified as being cost-effective in the audits authorized by this
section.
(e) Purchase or installation of additional major items of
equipment and furniture: PROVIDED, That vehicles shall
not be purchased with capital projects fund money.
[Title 28A RCW—page 125]
28A.320.400
Title 28A RCW: Common School Provisions
(f) Costs associated with implementing technology systems, facilities, and projects, including acquiring hardware,
licensing software, and on-line applications and training
related to the installation of the foregoing. However, the software or applications must be an integral part of the district's
technology systems, facilities, or projects.
(3) A debt service fund to provide for tax proceeds, other
revenues, and disbursements as authorized in chapter 39.44
RCW.
(4) An associated student body fund as authorized by
RCW 28A.325.030.
(5) Advance refunding bond funds and refunded bond
funds to provide for the proceeds and disbursements as
authorized in chapter 39.53 RCW. [2002 c 275 § 2; 1990 c 33
§ 337; 1983 c 59 § 13; 1982 c 191 § 6; 1981 c 250 § 2. Formerly RCW 28A.58.441.]
Declaration—2002 c 275: "The legislature recognizes and acknowledges that technology has become an integral part of the facilities and educational delivery systems in our schools. In order to prepare our state's students
to participate fully in our state's economy, substantial capital investments
must continue to be made in our schools' comprehensive technology systems, facilities, and projects. These investments are declared to be a major
capital purpose." [2002 c 275 § 1.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1982 c 191: See note following RCW 28A.335.210.
Effective date—1981 c 250: See note following RCW 28A.335.060.
ELECTORS—QUALIFICATIONS, VOTING PLACE,
AND SPECIAL MEETINGS
28A.320.400 Elections—Qualifications of electors—
Voting place. Qualifications of electors at all school elections shall be the same as at a general state or county election.
Except as otherwise provided by law, only those electors
residing within the district shall be entitled to vote, and an
elector may vote only at the polling place designated by the
proper election official. [1969 ex.s. c 223 § 28A.58.520.
Prior: 1941 c 12 § 1; Rem. Supp. 1941 § 5025-1. Formerly
RCW 28A.58.520, 28.58.520.]
28A.320.400
schoolhouses or school facilities; or to determine whether or
not the district shall sell any real or personal property belonging to the district, borrow money or establish and maintain a
school district library. [1982 c 158 § 4; 1969 ex.s. c 223 §
28A.58.370. Prior: 1909 c 97 p 349 § 1; RRS § 5028; prior:
1901 c 177 § 18; 1897 c 118 § 156. Formerly RCW
28A.58.370, 28.58.370.]
Severability—1982 c 158: See note following RCW 28A.150.220.
28A.320.430
28A.320.430 Special meetings of voters—Place,
notice, procedure, record. All such special meetings shall
be held at such schoolhouse or place as the board of directors
may determine. The voting shall be by ballot, the ballots to be
of white paper of uniform size and quality. At least ten days'
notice of such special meeting shall be given by the school
district superintendent, in the manner that notice is required
to be given of the annual school election, which notice shall
state the object or objects for which the meeting is to be held,
and no other business shall be transacted at such meeting than
such as is specified in the notice. The school district superintendent shall be the secretary of the meeting, and the chairman of the board of directors or, in his absence, the senior
director present, shall be chairman of the meeting: PROVIDED, That in the absence of one or all of said officials, the
qualified electors present may elect a chairman or secretary,
or both chairman and secretary, of said meeting as occasion
may require, from among their number. The secretary of the
meeting shall make a record of the proceedings of the meeting, and when the secretary of such meeting has been elected
by the qualified voters present, he or she shall within ten days
thereafter, file the record of the proceedings, duly certified,
with the superintendent of the district, and said records shall
become a part of the records of the district, and be preserved
as other records. [1990 c 33 § 338; 1969 ex.s. c 223 §
28A.58.380. Prior: 1909 c 97 p 350 § 2; RRS § 5029; prior:
1897 c 118 § 157. Formerly RCW 28A.58.380, 28.58.380,
28.58.390, part.]
28A.320.440
28A.320.410
28A.320.410 Elections—Elections to be conducted
according to Title 29A RCW. All school district elections,
regular or special, shall be conducted according to the election laws of the state as contained in *Title 29 RCW, and in
the event of a conflict as to the application of the laws of this
title or *Title 29 RCW, the latter shall prevail. [1969 ex.s. c
223 § 28A.58.521. Prior: 1965 c 123 § 8. Formerly RCW
28A.58.521, 28.58.521.]
*Reviser's note: Title 29 RCW was repealed and/or recodified in its
entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
28A.320.440 Special meetings of voters—Directors to
follow electors' decision. It shall be the duty of every board
of directors to carry out the directions of the electors of their
districts as expressed at any such meeting. [1969 ex.s. c 223
§ 28A.58.390. Prior: 1909 c 97 p 350 § 3; RRS § 5030; prior:
1897 c 118 § 158. Formerly RCW 28A.58.390, 28.58.390.]
SUMMER SCHOOL, NIGHT SCHOOL, EXTRACURRICULAR ACTIVITIES, AND ATHLETICS
28A.320.500
28A.320.420
28A.320.420 Special meetings of voters—Authorized—Purpose. Any board of directors at its discretion
may, and, upon a petition of a majority of the legal voters of
their district, shall call a special meeting of the voters of the
district, to determine the length of time in excess of the minimum length of time prescribed by law that such school shall
be maintained in the district during the year; to determine
whether or not the district shall purchase any schoolhouse
site or sites, and to determine the location thereof; or to determine whether or not the district shall build one or more
[Title 28A RCW—page 126]
28A.320.500 Summer and/or other student vacation
period programs—Authorized—Tuition and fees. Every
school district board of directors is authorized to establish
and operate summer and/or other student vacation period programs and to assess such tuition and special fees as it deems
necessary to offset the maintenance and operation costs of
such programs in whole or part. A summer and/or other student vacation period program may consist of such courses
and activities as the school district board shall determine to
be appropriate: PROVIDED, That such courses and activities shall not conflict with the provisions of RCW
(2004 Ed.)
Joint School Districts—School Districts in Two or More Educational Service Districts
28A.305.130. Attendance shall be voluntary. [1990 c 33 §
339; 1974 ex.s. c 161 § 1. Formerly RCW 28A.58.080.]
28A.323.030
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 47 § 6.]
28A.323.020
28A.320.510 Night schools, summer schools, meetings, use of facilities for. Every board of directors, unless
otherwise specifically provided by law, shall:
(1) Authorize school facilities to be used for night
schools and establish and maintain the same whenever
deemed advisable;
(2) Authorize school facilities to be used for summer
schools or for meetings, whether public, literary, scientific,
religious, political, mechanical, agricultural or whatever,
upon approval of the board under such rules or regulations as
the board of directors may adopt, which rules or regulations
may require a reasonable rental for the use of such facilities.
[1969 ex.s. c 223 § 28A.58.105. Prior: 1969 c 53 § 1, part;
1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49
§ 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305
§ 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68
§ 2, part. Formerly RCW 28A.58.105, 28.58.100 (10) and
(12).]
28A.320.510
28A.320.520 School credit for participation in youth
court. Local school boards may provide for school credit for
participation as a member of a youth court as defined in RCW
3.72.005 or 13.40.020 or a student court pursuant to RCW
28A.300.420. [2002 c 237 § 18.]
28A.320.520
Chapter 28A.323 RCW
JOINT SCHOOL DISTRICTS—SCHOOL
DISTRICTS IN TWO OR MORE EDUCATIONAL
SERVICE DISTRICTS
Chapter 28A.323
Severability—1985 c 385: See note following RCW 28A.315.025.
Sections
28A.323.010
28A.323.020
28A.323.030
28A.323.040
28A.323.050
28A.323.060
28A.323.070
28A.323.080
28A.323.090
28A.323.100
Joint school districts—Defined—Designation.
School districts in two or more educational service districts—Change or adjustment of districts.
School districts in two or more educational service districts—Proposed change or adjustment—Procedure
when one committee does not approve or fails to
act—Temporary committee.
Joint school districts—Administration—County to which
joint school district considered as belonging.
Joint school districts—Elections for director.
Joint school districts—Directors—Vacancies.
Joint school districts—Powers and duties.
Joint school districts—Assessed valuation—Certification.
Joint school districts—Levy of tax.
Joint school districts—Levy of tax—Remittance to district
treasurer.
28A.323.010 Joint school districts—Defined—Designation. Any school district composed of territory lying in
more than one county shall be known as a joint school district, and shall be designated by number in accordance with
rules and regulations promulgated under *RCW
28A.305.150. [1990 c 33 § 309; 1973 c 47 § 1; 1969 ex.s. c
223 § 28A.57.230. Prior: 1947 c 266 § 25; Rem. Supp. 1947
§ 4693-44; prior: 1909 c 97 p 264 § 6; RRS § 4699; prior:
1897 c 118 § 13. Formerly RCW 28A.315.350, 28A.57.230,
28.57.230.]
28A.323.010
*Reviser's note: RCW 28A.305.150 was repealed by 1999 c 315 § 801.
Later enactment, see RCW 28A.300.065.
Severability—1973 c 47: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
(2004 Ed.)
28A.323.020 School districts in two or more educational service districts—Change or adjustment of districts. The duties in this chapter imposed upon and required
to be performed by a regional committee and by an educational service district superintendent in connection with a
change in the organization and extent of school districts
and/or with the adjustment of the assets and liabilities of
school districts and with all matters related to such change or
adjustment whenever territory lying in a single educational
service district is involved shall be performed jointly by the
regional committees and by the superintendents of the several
educational service districts as required whenever territory
lying in more than one educational service district is involved
in a proposed change in the organization and extent of school
districts: PROVIDED, That a regional committee may designate three of its members, or two of its members and the educational service district superintendent, as a subcommittee to
serve in lieu of the whole committee, but action by a subcommittee shall not be binding unless approved by a majority of
the regional committee. Proposals for changes in the organization and extent of school districts and proposed terms of
adjustment of assets and liabilities thus prepared and
approved shall be submitted to the state board by the regional
committee of the educational service district in which is
located the part of the proposed or enlarged district having
the largest number of common school pupils residing therein.
[1985 c 385 § 25; 1975 1st ex.s. c 275 § 95; 1973 c 47 § 2;
1969 ex.s. c 176 § 131; 1969 ex.s. c 223 § 28A.57.240. Prior:
1947 c 266 § 26; Rem. Supp. 1947 § 4693-45. Formerly
RCW 28A.315.360, 28A.57.240, 28.57.240.]
Severability—1973 c 47: See note following RCW 28A.323.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.323.030
28A.323.030 School districts in two or more educational service districts—Proposed change or adjustment—Procedure when one committee does not approve
or fails to act—Temporary committee. Whenever a proposed change in the organization and extent of school districts or an adjustment of the assets and liabilities of school
districts, or both, or any other matters related to such change
or adjustment involve school districts in two or more educational service districts, and a majority of at least one of the
regional committees involved approve a proposal but the proposal is not approved by the other regional committee or
committees or one or more of said committees fails or refuses
to act upon the proposal within sixty days of its receipt, the
regional committee or committees approving the proposal
shall certify the proposal and its approval to the state superintendent of public instruction. Upon receipt of a properly certified proposal, the state superintendent of public instruction
shall appoint a temporary committee composed of five persons. The members of the temporary committee shall be
selected from the membership of any regional committee in
this state except that no member shall be appointed from any
educational service district in which there is situated a school
district that would be affected by the proposed change. Said
[Title 28A RCW—page 127]
28A.323.040
Title 28A RCW: Common School Provisions
committee shall meet at the call of the state superintendent of
public instruction and organize by electing a chair and secretary. Thereupon, this temporary committee shall have jurisdiction of the proposal and shall treat the same as a proposal
initiated on its own motion. Said committee shall have the
powers and duties imposed upon and required to be performed by a regional committee under the provisions of this
chapter and the secretary of the committee shall have the
powers and duties imposed upon and required to be performed by the educational service district superintendents
under the provisions of this chapter. It shall be the duty of the
educational service district superintendents of the educational service districts in which the school districts that would
be affected by the proposed change are situated to assist the
temporary committee by supplying said committee with
information from the records and files of their offices and
with a proper and suitable place for holding meetings. [1990
c 33 § 310; 1985 c 385 § 26; 1975 1st ex.s. c 275 § 96; 1969
ex.s. c 176 § 132; 1969 ex.s. c 223 § 28A.57.245. Prior: 1959
c 268 § 5. Formerly RCW 28A.315.370, 28A.57.245,
28.57.245.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.323.040
28A.323.040 Joint school districts—Administration—County to which joint school district considered as
belonging. For all purposes essential to the maintenance,
operation, and administration of the schools of a district,
including the apportionment of current state and county
school funds, the county in which a joint school district shall
be considered as belonging shall be as designated by the state
board of education. Prior to making such designation, the
state board of education shall hold at least one public hearing
on the matter, at which time the recommendation of the joint
school district shall be presented and, in addition to such recommendation, the state board shall consider the following
prior to its designation:
(1) Service needs of such district;
(2) Availability of services;
(3) Geographic location of district and servicing agencies; and
(4) Relationship to contiguous school districts. [1973 c
47 § 3; 1969 ex.s. c 223 § 28A.57.250. Prior: 1947 c 266 §
2 7 ; R e m . S u p p . 1 9 4 7 § 4 6 9 3 -4 6 . F o r m e r l y R C W
28A.315.380, 28A.57.250, 28.57.250.]
Severability—1973 c 47: See note following RCW 28A.323.010.
28A.323.050
28A.323.050 Joint school districts—Elections for
director. The registered voters residing within a joint school
district shall be entitled to vote on the office of school director of their district.
Jurisdiction of any such election shall rest with the
county auditor of the county administering such joint district
as provided in *RCW 28A.315.380.
At each general election, or upon approval of a request
for a special election as provided for in **RCW 29.13.020,
such county auditor shall:
(1) See that there shall be at least one polling place in
each county;
[Title 28A RCW—page 128]
(2) At least twenty days prior to the elections concerned,
certify in writing to the superintendent of the school district
the number and location of the polling places established by
such auditor for such regular or special elections; and
(3) Do all things otherwise required by law for the conduct of such election.
It is the intention of this section that the qualified electors of a joint school district shall not be forced to go to a different polling place on the same day when other elections are
being held to vote for school directors of their district. [1990
c 33 § 311; 1983 c 56 § 6; 1975 1st ex.s. c 275 § 97; 1973 c
47 § 4; 1969 ex.s. c 176 § 133; 1969 ex.s. c 223 §
28A.57.255. Prior: 1961 c 130 § 23. Formerly RCW
28A.315.390, 28A.57.255, 28.57.255.]
Reviser's note: *(1) RCW 28A.315.380 was recodified as RCW
28A.323.040 pursuant to 1999 c 315 § 803.
**(2) RCW 29.13.020 was recodified as RCW 29A.04.330 pursuant to
2003 c 111 § 2401, effective July 1, 2004.
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1973 c 47: See note following RCW 28A.323.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.323.060 Joint school districts—Directors—
Vacancies. A vacancy in the office of director of a joint district shall be filled in the manner provided by *RCW
28A.315.530 for filling vacancies, such appointment to be
valid only until a director is elected and qualified to fill such
vacancy at the next regular district election. [1990 c 33 §
312; 1973 c 47 § 5; 1971 c 53 § 3; 1969 ex.s. c 176 § 134;
1969 ex.s. c 223 § 28A.57.260. Prior: 1947 c 266 § 28; Rem.
Supp. 1947 § 4693-47. Formerly RCW 28A.315.400,
28A.57.260, 28.57.260.]
28A.323.060
*Reviser's note: RCW 28A.315.530 was recodified as RCW
28A.343.370 pursuant to 1999 c 315 § 804.
Severability—1973 c 47: See note following RCW 28A.323.010.
Severability—1971 c 53: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 c 53 § 6.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.323.070 Joint school districts—Powers and
duties. A joint school district and the officers thereof shall
possess all the powers and be subject to all of the duties
vested in or imposed upon other school districts of the same
class and upon the officers thereof, except as otherwise provided by law. Whenever the laws relating to school districts
shall provide for any action by a county officer, such action,
if required to be performed in behalf of a joint school district,
shall be performed by the proper officer of the county to
which the joint district belongs, except as otherwise provided
by law. [1969 ex.s. c 223 § 28A.57.270. Prior: 1947 c 266 §
2 9 ; R e m . S u p p . 1 9 4 7 § 4 6 9 3 -4 8 . F o r m e r l y R C W
28A.315.410, 28A.57.270, 28.57.270.]
28A.323.070
28A.323.080 Joint school districts—Assessed valuation—Certification. It shall be the duty of the assessor of
each county, a part of which is included within a joint school
district, to certify annually to the auditor of the assessor's
county and to the auditor of the county to which the joint dis28A.323.080
(2004 Ed.)
Associated Student Bodies
trict belongs, for the board of county commissioners thereof,
the aggregate assessed valuation of all taxable property in the
assessor's county situated in such joint school district, as the
same appears from the last assessment roll of the assessor's
county. [1990 c 33 § 313; 1969 ex.s. c 223 § 28A.57.280.
Prior: 1947 c 266 § 30; Rem. Supp. 1947 § 4693-49; prior:
1927 c 286 § 1; 1925 ex.s. c 77 § 8; RRS § 4753-8. Formerly
RCW 28A.315.420, 28A.57.280, 28.57.280.]
28A.323.090
28A.323.090 Joint school districts—Levy of tax. The
amount of tax to be levied upon the taxable property of that
part of a joint school district lying in one county shall be in
such ratio to the whole amount levied upon the property in
the entire joint district as the assessed valuation of the property lying in such county bears to the assessed valuation of
the property in the entire joint district. [1983 c 56 § 7; 1975
1st ex.s. c 275 § 98; 1969 ex.s. c 176 § 135; 1969 ex.s. c 223
§ 28A.57.290. Prior: 1947 c 266 § 31; Rem. Supp. 1947 §
4693-50; prior: (i) 1925 ex.s. c 77 § 10; RRS § 4753-10. (ii)
1 9 2 7 c 2 8 6 § 2 ; R R S § 4 7 5 3 -1 1 . F o r m e r l y R C W
28A.315.430, 28A.57.290, 28.57.290.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.323.100
28A.323.100 Joint school districts—Levy of tax—
Remittance to district treasurer. Upon receipt of the aforesaid certificate, it shall be the duty of the county legislative
authority of each county to levy on all taxable property of that
part of the joint school district which lies within the county a
tax sufficient to raise the amount necessary to meet the
county's proportionate share of the estimated expenditures of
the joint district, as shown by the certificate of the educational service district superintendent of the district to which
the joint school district belongs. Such taxes shall be levied
and collected in the same manner as other taxes are levied
and collected, and the proceeds thereof shall be forwarded
monthly by the treasurer of each county, other than the
county to which the joint district belongs, to the treasurer of
the county to which such district belongs and shall be placed
to the credit of said district. The treasurer of the county to
which a joint school district belongs is hereby declared to be
the treasurer of such district. [1994 c 301 § 3; 1975 1st ex.s.
c 275 § 99; 1969 ex.s. c 176 § 136; 1969 ex.s. c 223 §
28A.57.300. Prior: 1947 c 266 § 32; Rem. Supp. 1947 §
4693-51. Formerly RCW 28A.315.440, 28A.57.300,
28.57.300.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.325.030
28A.325.010
28A.325.010 Fees for optional noncredit extracurricular events—Disposition. The board of directors of any
common school district may establish and collect a fee from
students and nonstudents as a condition to their attendance at
any optional noncredit extracurricular event of the district
which is of a cultural, social, recreational, or athletic nature:
PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such
fees in the cases of those students whose families, by reason
of their low income, would have difficulty in paying the
entire amount of such fees and may likewise waive or reduce
such fees for nonstudents of the age of sixty-five or over who,
by reason of their low income, would have difficulty in paying the entire amount of such fees. An optional comprehensive fee may be established and collected for any combination or all of such events or, in the alternative, a fee may be
established and collected as a condition to attendance at any
single event. Fees collected pursuant to this section shall be
deposited in the associated student body program fund of the
school district, and may be expended to defray the costs of
optional noncredit extracurricular events of such a cultural,
social, recreational, or athletic nature, or to otherwise support
the activities and programs of associated student bodies.
[1977 ex.s. c 170 § 1; 1975 1st ex.s. c 284 § 1. Formerly
RCW 28A.58.113.]
Severability—1975 1st ex.s. c 284: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of its provisions to other persons or circumstances
is not affected." [1975 1st ex.s. c 284 § 4.]
28A.325.020
28A.325.020 Associated student bodies—Powers and
responsibilities affecting. As used in this section, an "associated student body" means the formal organization of the
students of a school formed with the approval of and regulation by the board of directors of the school district in conformity to the rules and regulations promulgated by the superintendent of public instruction: PROVIDED, That the board of
directors of a school district may act or delegate the authority
to an employee of the district to act as the associated student
body for any school plant facility within the district containing no grade higher than the sixth grade.
The superintendent of public instruction, after consultation with appropriate school organizations and students, shall
promulgate rules and regulations to designate the powers and
responsibilities of the boards of directors of the school districts of the state of Washington in developing efficient
administration, management, and control of moneys, records,
and reports of the associated student bodies organized in the
public schools of the state. [1984 c 98 § 1; 1975 1st ex.s. c
284 § 3; 1973 c 52 § 1. Formerly RCW 28A.58.115.]
Severability—1975 1st ex.s. c 284: See note following RCW
28A.325.010.
Chapter 28A.325
Chapter 28A.325 RCW
28A.325.030
ASSOCIATED STUDENT BODIES
Sections
28A.325.010 Fees for optional noncredit extracurricular events—Disposition.
28A.325.020 Associated student bodies—Powers and responsibilities
affecting.
28A.325.030 Associated student body program fund—Fund-raising activities—Nonassociated student body program fund moneys.
(2004 Ed.)
28A.325.030 Associated student body program
fund—Fund-raising activities—Nonassociated student
body program fund moneys. (1)(a) There is hereby created
a fund on deposit with each county treasurer for each school
district of the county having an associated student body as
defined in RCW 28A.325.020. Such fund shall be known as
the associated student body program fund. Rules adopted by
the superintendent of public instruction under RCW
[Title 28A RCW—page 129]
Chapter 28A.330
Title 28A RCW: Common School Provisions
28A.325.020 shall require separate accounting for each associated student body's transactions in the school district's associated student body program fund.
(b) All moneys generated through the programs and
activities of any associated student body shall be deposited in
the associated student body program fund. Such funds may
be invested for the sole benefit of the associated student body
program fund in items enumerated in RCW 28A.320.320 and
the county treasurer may assess a fee as provided therein.
Disbursements from such fund shall be under the control and
supervision, and with the approval, of the board of directors
of the school district, and shall be by warrant as provided in
chapter 28A.350 RCW: PROVIDED, That in no case shall
such warrants be issued in an amount greater than the funds
on deposit with the county treasurer in the associated student
body program fund. To facilitate the payment of obligations,
an imprest bank account or accounts may be created and
replenished from the associated student body program fund.
(c) The associated student body program fund shall be
budgeted by the associated student body, subject to approval
by the board of directors of the school district. All disbursements from the associated student body program fund or any
imprest bank account established thereunder shall have the
prior approval of the appropriate governing body representing the associated student body. Notwithstanding the provisions of RCW 43.09.210, it shall not be mandatory that
expenditures from the district's general fund in support of
associated student body programs and activities be reimbursed by payments from the associated student body program fund.
(2) Subject to applicable school board policies, student
groups may conduct fund-raising activities, including but not
limited to soliciting donations, in their private capacities for
the purpose of generating nonassociated student body fund
moneys. The school board policy shall include provisions to
ensure appropriate accountability for these funds. Nonassociated student body program fund moneys generated and
received by students for private purposes to use for scholarship, student exchange, and/or charitable purposes shall be
held in trust in one or more separate accounts within an associated student body program fund and be disbursed for such
purposes as the student group conducting the fund-raising
activity shall determine: PROVIDED, That the school district shall either withhold an amount from such moneys as
will pay the district for its direct costs in providing the service
or otherwise be compensated for its cost for such service.
Nonassociated student body program fund moneys shall not
be deemed public moneys under section 7, Article VIII of the
state Constitution. Notice shall be given identifying the
intended use of the proceeds. The notice shall also state that
the proceeds are nonassociated student body funds to be held
in trust by the school district exclusively for the intended purpose. "Charitable purpose" under this section does not
include any activity related to assisting a campaign for election of a person to an office or for the promotion or opposition to a ballot proposition. [2000 c 157 § 2; 1990 c 33 § 340;
1984 c 98 § 2; 1982 c 231 § 1; 1977 ex.s. c 160 § 1; 1975 1st
ex.s. c 284 § 2. Formerly RCW 28A.58.120.]
Findings—Intent—2000 c 157: "The legislature finds that current law
permits associated student bodies to conduct fund-raising activities, including but not limited to soliciting donations, to raise money for school sports
[Title 28A RCW—page 130]
programs and school clubs. However, students also want to conduct fundraising activities for charitable causes, such as to fund scholarships and student exchange programs, assist families whose homes have been destroyed,
to fund community projects, and to rebuild the Statue of Liberty.
The legislature further finds that current law is not clear how student
groups may raise funds for charitable purposes, whether proceeds from any
fund-raising activities can be used for charitable purposes or only donations
may be used for charitable purposes, and whether recipients must be "poor or
infirm." This has resulted in considerable confusion on the part of students
regarding what type of fund-raising is permissible when funds are raised for
charitable purposes by student groups.
It is the intent of the legislature to allow students to broaden the types
of fund-raisers that they may conduct for charitable purposes in their private
nonassociated student body capacities, and ensure that these funds will be
separate from student body funds to avoid constitutional issues pertaining to
the gifting of public funds." [2000 c 157 § 1.]
Severability—1982 c 231: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 231 § 2.]
Severability—1975 1st ex.s. c 284: See note following RCW
28A.325.010.
Establishment of associated student body fund: RCW 28A.320.330.
Chapter 28A.330
Chapter 28A.330 RCW
PROVISIONS APPLICABLE TO
SCHOOL DISTRICTS
Sections
PROVISIONS APPLICABLE ONLY
TO FIRST CLASS DISTRICTS
28A.330.010
28A.330.020
28A.330.030
28A.330.040
28A.330.050
28A.330.060
28A.330.070
28A.330.080
28A.330.090
28A.330.100
28A.330.110
Board president, vice president or president pro tempore—
Secretary.
Certain board elections, manner and vote required—Selection of personnel, manner.
Duties of president.
Duties of vice president.
Duties of superintendent as secretary of the board.
Superintendent's bond and oath.
Office of board—Records available for public inspection.
Payment of claims—Signing of warrants.
Auditing committee and expenditures.
Additional powers of board.
Insurance reserve—Funds.
PROVISIONS APPLICABLE ONLY
TO SECOND CLASS DISTRICTS
28A.330.200
28A.330.210
28A.330.220
28A.330.230
28A.330.240
Organization of board—Assumption of superintendent's
duties by board member, when.
Notice to ESD superintendent of change of chairman or
superintendent.
Attorney may be employed.
Drawing and issuance of warrants.
Employment contracts.
Missing children, participation by local school districts in providing information: RCW 13.60.030.
PROVISIONS APPLICABLE ONLY TO FIRST
CLASS DISTRICTS
28A.330.010
28A.330.010 Board president, vice president or president pro tempore—Secretary. At the first meeting of the
members of the board they shall elect a president and vice
president from among their number who shall serve for a
term of one year or until their successors are elected. In the
event of the temporary absence or disability of both the president and vice president, the board of directors may elect a
president pro tempore who shall discharge all the duties of
president during such temporary absence or disability.
(2004 Ed.)
Provisions Applicable to School Districts
The superintendent of such school district shall act as
secretary to the board in accordance with the provisions of
RCW 28A.400.030. [1990 c 33 § 341; 1969 ex.s. c 223 §
28A.59.030. Prior: 1953 c 111 § 6; prior: 1909 c 97 p 290 §
3, part; RRS § 4792, part. Formerly RCW 28A.59.030,
28.62.030.]
28A.330.020
28A.330.020 Certain board elections, manner and
vote required—Selection of personnel, manner. The election of the officers of the board of directors or to fill any
vacancy as provided in *RCW 28A.315.530, and the selection of the school district superintendent shall be by oral call
of the roll of all the members, and no person shall be declared
elected or selected unless he or she receives a majority vote
of all the members of the board. Selection of other certificated and classified personnel shall be made in such manner
as the board shall determine. [1997 c 13 § 8; 1990 c 33 § 342;
1969 ex.s. c 223 § 28A.59.040. Prior: 1909 c 97 p 290 § 4;
RRS § 4793. Formerly RCW 28A.59.040, 28.62.040.]
*Reviser's note: RCW 28A.315.530 was recodified as RCW
28A.343.370 pursuant to 1999 c 315 § 804.
28A.330.030
28A.330.030 Duties of president. It shall be the duty of
the president to preside at all meetings of the board, and to
perform such other duties as the board may prescribe. [1969
ex.s. c 223 § 28A.59.050. Prior: 1909 c 97 p 290 § 5; RRS §
4794. Formerly RCW 28A.59.050, 28.62.050.]
28A.330.040
28A.330.040 Duties of vice president. It shall be the
duty of the vice president to perform all the duties of president in case of the president's absence or disability. [1990 c
33 § 343; 1969 ex.s. c 223 § 28A.59.060. Prior: 1909 c 97 p
291 § 6; RRS § 4795. Formerly RCW 28A.59.060,
28.62.060.]
28A.330.100
28A.59.080. Prior: 1909 c 97 p 291 § 8; RRS § 4797. Formerly RCW 28A.59.080, 28.62.080.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.330.070
28A.330.070 Office of board—Records available for
public inspection. The board of directors shall maintain an
office where all records, vouchers and other important papers
belonging to the board may be preserved. Such records,
vouchers, and other important papers at all reasonable times
shall be available for public inspection. The regular meetings
shall be held within the district boundaries. [1989 c 232 § 1;
1969 ex.s. c 223 § 28A.59.100. Prior: 1909 c 97 p 291 § 10;
RRS § 4799; prior: 1897 c 118 § 87; 1890 p 389 § 14. Formerly RCW 28A.59.100, 28.62.100.]
28A.330.080
28A.330.080 Payment of claims—Signing of warrants. Moneys of such school districts shall be paid out only
upon orders for warrants signed by the president, or a majority of the board of directors and countersigned by the secretary: PROVIDED, That when, in the judgment of the board
of directors, the orders for warrants issued by the district
monthly shall have reached such numbers that the signing of
each warrant by the president personally imposes too great a
task on the president, the board of directors, after auditing all
payrolls and bills as provided by RCW 28A.330.090, may
authorize the issuing of one general certificate to the county
treasurer, to be signed by the president, authorizing said treasurer to pay all the warrants specified by date, number, name
and amount, and the funds on which said warrants shall be
drawn; thereupon the secretary of said board shall be authorized to draw and sign said orders for warrants. [1990 c 33 §
346; 1969 ex.s. c 223 § 28A.59.110. Prior: 1909 c 97 p 292
§ 11; RRS § 4800. Formerly RCW 28A.59.110, 28.62.110.]
28A.330.090
28A.330.050
28A.330.050 Duties of superintendent as secretary of
the board. In addition to the duties as prescribed in RCW
28A.400.030, the school district superintendent, as secretary
of the board, may be authorized by the board to act as business manager, purchasing agent, and/or superintendent of
buildings and janitors, and charged with the special care of
school buildings and other property of the district, and he or
she shall perform other duties as the board may direct. [1990
c 33 § 344; 1969 ex.s. c 223 § 28A.59.070. Prior: 1919 c 90
§ 8; 1909 c 97 p 291 § 7; RRS § 4796. Formerly RCW
28A.59.070, 28.62.070.]
28A.330.060
28A.330.060 Superintendent's bond and oath. Before
entering upon the discharge of the superintendent's duties, the
superintendent as secretary of the board shall give bond in
such sum as the board of directors may fix from time to time,
but for not less than five thousand dollars, with good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer that he or she will support the
Constitution of the United States and of the state of Washington and faithfully perform the duties of the office, a copy of
which oath or affirmation shall be filed with the educational
service district superintendent. [1990 c 33 § 345; 1975 1st
ex.s. c 275 § 117; 1971 c 48 § 33; 1969 ex.s. c 223 §
(2004 Ed.)
28A.330.090 Auditing committee and expenditures.
All accounts shall be audited by a committee of board members chosen in such manner as the board so determines to be
styled the "auditing committee," and, except as otherwise
provided by law, no expenditure greater than three hundred
dollars shall be voted by the board except in accordance with
a written contract, nor shall any money or appropriation be
paid out of the school fund except on a recorded affirmative
vote of a majority of all members of the board: PROVIDED,
That nothing herein shall be construed to prevent the board
from making any repairs or improvements to the property of
the district through their shop and repair department as otherwise provided in RCW 28A.335.190. [1990 c 33 § 347; 1983
c 56 § 9; 1975 1st ex.s. c 275 § 118; 1971 c 48 § 34; 1969
ex.s. c 223 § 28A.59.150. Prior: 1909 c 97 p 292 § 14; RRS
§ 4803. Formerly RCW 28A.59.150, 28.62.150, 28.62.160.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.330.100
28A.330.100 Additional powers of board. Every
board of directors of a school district of the first class, in
addition to the general powers for directors enumerated in
this title, shall have the power:
(1) To employ for a term of not exceeding three years a
superintendent of schools of the district, and for cause to dis[Title 28A RCW—page 131]
28A.330.110
Title 28A RCW: Common School Provisions
miss him or her; and to fix his or her duties and compensation.
(2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their
compensation.
(3) To employ a business manager, attorneys, architects,
inspectors of construction, superintendents of buildings and a
superintendent of supplies, all of whom shall serve at the
board's pleasure, and to prescribe their duties and fix their
compensation.
(4) To employ, and for cause dismiss, supervisors of
instruction and to define their duties and fix their compensation.
(5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the state board of education for the use of the common schools of this state.
(6) To, in addition to the minimum requirements
imposed by this title establish and maintain such grades and
departments, including night, high, kindergarten, vocational
training and, except as otherwise provided by law, industrial
schools, and schools and departments for the education and
training of any class or classes of youth with disabilities, as in
the judgment of the board, best shall promote the interests of
education in the district.
(7) To determine the length of time over and above one
hundred eighty days that school shall be maintained: PROVIDED, That for purposes of apportionment no district shall
be credited with more than one hundred and eighty-three
days' attendance in any school year; and to fix the time for
annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools.
(8) To maintain a shop and repair department, and to
employ, and for cause dismiss, a foreman and the necessary
help for the maintenance and conduct thereof.
(9) To provide free textbooks and supplies for all children attending school.
(10) To require of the officers or employees of the district to give a bond for the honest performance of their duties
in such penal sum as may be fixed by the board with good and
sufficient surety, and to cause the premium for all bonds
required of all such officers or employees to be paid by the
district: PROVIDED, That the board may, by written policy,
allow that such bonds may include a deductible proviso not to
exceed two percent of the officer's or employee's annual salary.
(11) To prohibit all secret fraternities and sororities
among the students in any of the schools of the said districts.
(12) To appoint a practicing physician, resident of the
school district, who shall be known as the school district
medical inspector, and whose duty it shall be to decide for the
board of directors all questions of sanitation and health
affecting the safety and welfare of the public schools of the
district who shall serve at the board's pleasure: PROVIDED,
That children shall not be required to submit to vaccination
against the will of their parents or guardian. [1995 c 335 §
503; 1995 c 77 § 22; 1991 c 116 § 17; 1990 c 33 § 348; 1983
c 2 § 7. Prior: 1982 c 191 § 11; 1982 c 158 § 6; 1969 ex.s. c
223 § 28A.59.180; prior: 1919 c 90 § 9; 1909 c 97 p 293 §
16; RRS § 4805. Formerly RCW 28A.59.180, 28.62.180,
28.31.070.]
[Title 28A RCW—page 132]
Reviser's note: This section was amended by 1995 c 77 § 22 and by
1995 c 335 § 503, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1982 c 191: See note following RCW 28A.335.210.
Severability—1982 c 158: See note following RCW 28A.150.220.
28A.330.110
28A.330.110 Insurance reserve—Funds. School districts of the first class, when in the judgment of the board of
directors it be deemed expedient, shall have power to create
and maintain an insurance reserve for said districts, to be
used to meet losses specified by the board of directors of the
school districts.
Funds required for maintenance of such an insurance
reserve shall be budgeted and allowed as are other moneys
required for the support of the school district. [1983 c 59 §
16; 1982 c 191 § 12; 1969 ex.s. c 223 § 28A.59.185. Prior: (i)
1911 c 79 § 1; RRS § 4707. Formerly RCW 28.59.010. (ii)
1911 c 79 § 2; RRS § 4708. Formerly RCW 28.59.020. (iii)
1941 c 187 § 1; 1911 c 79 § 3; Rem. Supp. 1941 § 4709. Formerly RCW 28A.59.185, 28.59.030.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1982 c 191: See note following RCW 28A.335.210.
PROVISIONS APPLICABLE ONLY TO SECOND
CLASS DISTRICTS
28A.330.200
28A.330.200 Organization of board—Assumption of
superintendent's duties by board member, when. The
term of office of directors of districts of the second class shall
begin, and the board shall organize, as provided in *RCW
28A.315.500. At the first meeting of the members of the
board they shall elect a chair from among their number who
shall serve for a term of one year or until his or her successor
is elected. The school district superintendent as defined in
RCW 28A.150.080 shall serve as secretary to the board.
Whenever a district shall be without the services of such a
superintendent and the business of the district necessitates
action thereby, the board shall appoint any member thereof to
carry out the superintendent's powers and duties for the district. [1990 c 33 § 349; 1988 c 187 § 2; 1975 c 43 § 14; 1969
ex.s. c 223 § 28A.60.010. Prior: 1953 c 111 § 1; prior: (i)
1909 c 97 p 298 § 5; RRS § 4815. (ii) 1909 c 97 p 301 § 5;
RRS § 4827. Formerly RCW 28A.60.010, 28.63.010.]
*Reviser's note: RCW 28A.315.500 was recodified as RCW
28A.343.360 pursuant to 1999 c 315 § 804.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.330.210
28A.330.210 Notice to ESD superintendent of change
of chairman or superintendent. Every school district
superintendent in districts of the second class shall within ten
days after any change in the office of chair or superintendent,
notify the educational service district superintendent of such
change. [1990 c 33 § 350; 1975-'76 2nd ex.s. c 15 § 11. Prior:
1975 1st ex.s. c 275 § 119; 1975 c 43 § 15; 1971 c 48 § 35;
1969 ex.s. c 223 § 28A.60.070; prior: 1909 c 97 p 304 § 1;
(2004 Ed.)
School Districts' Property
RRS § 4841; prior: 1903 c 104 § 19. Formerly RCW
28A.60.070, 28.63.070.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.330.220
28A.330.220 Attorney may be employed. The board
of directors of every second class district in addition to their
other powers are authorized to employ an attorney and to prescribe the attorney's duties and fix the attorney's compensation. [1990 c 33 § 351; 1975 c 43 § 19; 1971 c 8 § 5. Prior:
1967 c 220 § 1. Formerly RCW 28A.60.310, 28.63.340.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1971 c 8: See note following RCW 28A.320.310.
28A.330.230
28A.330.230 Drawing and issuance of warrants. Second class school districts, subject to the approval of the
superintendent of public instruction, may draw and issue warrants for the payment of moneys upon approval of a majority
of the board of directors, such warrants to be signed by the
chair of the board and countersigned by the secretary: PROVIDED, That when, in the judgment of the board of directors,
the orders for warrants issued by the district monthly shall
have reached such numbers that the signing of each warrant
by the chair of the board personally imposes too great a task
on the chair, the board of directors, after auditing all payrolls
and bills, may authorize the issuing of one general certificate
to the county treasurer, to be signed by the chair of the board,
authorizing said treasurer to pay all the warrants specified by
date, number, name and amount, and the funds on which said
warrants shall be drawn; thereupon the secretary of said
board shall be authorized to draw and sign said orders for
warrants. [1990 c 33 § 352; 1983 c 56 § 10; 1975 c 43 § 21;
1973 c 111 § 1. Formerly RCW 28A.60.328.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 c 111: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 111 § 6.]
28A.330.240
28A.330.240 Employment contracts. The board of
directors of each second class school district shall adopt a
written policy governing procedures for the letting of any
employment contract authorized under RCW 42.23.030. This
policy shall include provisions to ensure fairness and the
appearance of fairness in all matters pertaining to employment contracts so authorized. [1989 c 263 § 2. Formerly
RCW 28A.60.360.]
Severability—1989 c 263: See note following RCW 42.23.030.
28A.335.010
28A.335.040 Surplus school property, rental, lease, or use of—Authorized—Limitations.
28A.335.050 Surplus school property, rental, lease or use of—Joint use—
Compensation—Conditions generally.
28A.335.060 Surplus school property—Rental, lease or use of—Disposition of moneys received from.
28A.335.070 Surplus school property, rental, lease or use of—Existing
contracts not impaired.
28A.335.080 Surplus school property, rental, lease or use of—Community
use not impaired.
28A.335.090 Conveyance and acquisition of property—Management—
Appraisal.
28A.335.100 School district associations, right to mortgage or convey
money security interest in association property—Limitations.
28A.335.110 Real property—Annexation to city or town.
28A.335.120 Real property—Sale—Notice of and hearing on—Appraisal
required—Broker or real estate appraiser services—Real
estate sales contracts, limitation.
28A.335.130 Real property—Sale—Use of proceeds.
28A.335.140 Expenditure of funds on county, city building authorized—
Conditions.
28A.335.150 Permitting use and rental of playgrounds, athletic fields or
athletic facilities.
28A.335.155 Use of buildings for youth programs—Limited immunity.
28A.335.160 Joint educational facilities, services or programs—Rules.
28A.335.170 Contracts to lease building space and portable buildings, rent
or have maintained security systems, computers, and other
equipment, and provide pupil transportation services.
28A.335.180 Surplus texts and other educational aids, notice of availability—Student priority as to texts.
28A.335.190 Advertising for bids—Competitive bid procedures—Telephone or written quotation solicitation, limitations—
Emergencies.
28A.335.200 Conditional sales contracts for acquisition of property or
property rights.
28A.335.205 Assistive devices—Transfer for benefit of children with disabilities—Record, inventory.
28A.335.210 Purchase of works of art—Procedure.
28A.335.220 Eminent domain.
28A.335.230 Vacant school plant facilities—Lease by contiguous district,
when required—Eligibility for matching funds.
28A.335.240 Schoolhouses, teachers' cottages—Purchase of realty for district purposes.
28A.335.250 School property used for public purposes.
28A.335.260 School property used for public purposes—Community
buildings.
28A.335.270 School property used for public purposes—Special state
commission to pass on plans.
28A.335.280 School property used for public purposes—Limit on expenditures.
28A.335.290 Housing for superintendent—Authorized—Limitation.
28A.335.300 Playground matting.
28A.335.320 Enhanced 911 service—Common and public school service
required.
Chapter not to apply to certain materials printed in school districts: RCW
82.04.600.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Determination if lands purchased or leased by school districts are used as
school sites—Reversion: RCW 79.17.140.
Dissolution of inactive port districts, assets to school districts: RCW
53.47.040.
Interlocal cooperation act: Chapter 39.34 RCW.
School districts, purchase of leased lands with improvements: RCW
79.17.110 through 79.17.130.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
28A.335.010
Chapter 28A.335
Chapter 28A.335 RCW
SCHOOL DISTRICTS' PROPERTY
Sections
28A.335.010 School buildings, maintenance, furnishing and insuring.
28A.335.020 School closures—Policy of citizen involvement required—
Summary of effects—Hearings—Notice.
28A.335.030 Emergency school closures exempt from RCW 28A.335.020.
(2004 Ed.)
28A.335.010 School buildings, maintenance, furnishing and insuring. Every board of directors, unless otherwise
specifically provided by law, shall:
(1) Cause all school buildings to be properly heated,
lighted and ventilated and maintained in a clean and sanitary
condition; and
(2) Maintain and repair, furnish and insure such school
buildings. [1969 ex.s. c 223 § 28A.58.102. Prior: 1969 c 53
[Title 28A RCW—page 133]
28A.335.020
Title 28A RCW: Common School Provisions
§ 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965
ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part;
1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part;
1 9 5 5 c 6 8 § 2 , p a r t. F o r m e r l y R C W 2 8 A . 5 8 . 1 0 2 ,
28.58.100(3), part, and (4) part.]
Energy audits and energy capital improvements: RCW 28A.320.330.
28A.335.020
28A.335.020 School closures—Policy of citizen
involvement required—Summary of effects—Hearings—
Notice. Before any school closure, a school district board of
directors shall adopt a policy regarding school closures which
provides for citizen involvement before the school district
board of directors considers the closure of any school for
instructional purposes. The policy adopted shall include provisions for the development of a written summary containing
an analysis as to the effects of the proposed school closure.
The policy shall also include a requirement that during the
ninety days before a school district's final decision upon any
school closure, the school board of directors shall conduct
hearings to receive testimony from the public on any issues
related to the closure of any school for instructional purposes.
The policy shall require separate hearings for each school
which is proposed to be closed.
The policy adopted shall provide for reasonable notice to
the residents affected by the proposed school closure. At a
minimum, the notice of any hearing pertaining to a proposed
school closure shall contain the date, time, place, and purpose
of the hearing. Notice of each hearing shall be published once
each week for two consecutive weeks in a newspaper of general circulation in the area where the school, subject to closure, is located. The last notice of hearing shall be published
not later than seven days immediately before the final hearing. [1983 c 109 § 2. Formerly RCW 28A.58.031.]
Application of RCW 43.21C.030(2)(c) to school closures: RCW 43.21C.038.
28A.335.030
28A.335.030 Emergency school closures exempt
from RCW 28A.335.020. A school district may close a
school for emergency reasons, as set forth in RCW
28A.150.290(2) (a) and (b), without complying with the
requirements of RCW 28A.335.020. [1990 c 33 § 353; 1983
c 109 § 3. Formerly RCW 28A.58.032.]
28A.335.040
28A.335.040 Surplus school property, rental, lease,
or use of—Authorized—Limitations. (1) Every school district board of directors is authorized to permit the rental,
lease, or occasional use of all or any portion of any surplus
real property owned or lawfully held by the district to any
person, corporation, or government entity for profit or nonprofit, commercial or noncommercial purposes: PROVIDED, That the leasing or renting or use of such property is
for a lawful purpose and does not interfere with conduct of
the district's educational program and related activities:
PROVIDED FURTHER, That the lease or rental agreement
entered into shall include provisions which permit the recapture of the leased or rented surplus property of the district
should such property be needed for school purposes in the
future except in such cases where, due to proximity to an
international airport, land use has been so permanently
altered as to preclude the possible use of the property for a
school housing students and the school property has been
[Title 28A RCW—page 134]
heavily impacted by surrounding land uses so that a school
housing students would no longer be appropriate in that area.
(2) Authorization to rent, lease or permit the occasional
use of surplus school property under this section, RCW
28A.335.050 and 28A.335.090 is conditioned on the establishment by each school district board of directors of a policy
governing the use of surplus school property.
(3) The board of directors of any school district desiring
to rent or lease any surplus real property owned by the school
district shall publish a written notice in a newspaper of general circulation in the school district for rentals or leases totalling ten thousand dollars or more in value. School districts
shall not rent or lease the property for at least forty-five days
following the publication of the newspaper notice.
(4) Private schools shall have the same rights as any
other person or entity to submit bids for the rental or lease of
surplus real property and to have such bids considered along
with all other bids: PROVIDED, That the school board may
establish reasonable conditions for the use of such real property to assure the safe and proper operation of the property in
a manner consistent with board policies. [1991 c 116 § 12.
Prior: 1990 c 96 § 1; 1990 c 33 § 354; 1981 c 306 § 2; 1980
c 115 § 2. Formerly RCW 28A.58.033.]
Severability—1981 c 306: See note following RCW 28A.335.180.
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.050
28A.335.050 Surplus school property, rental, lease or
use of—Joint use—Compensation—Conditions generally. (1) Authorization to rent, lease, or permit the occasional
use of surplus school property under RCW 28A.335.040 may
include the joint use of school district property, which is in
part used for school purposes, by any combination of persons, corporations or government entities for other than common school purposes: PROVIDED, That any such joint use
shall comply with existing local zoning ordinances.
(2) Authorization to rent, lease, or permit the occasional
use of surplus school property under RCW 28A.335.040 shall
be conditioned on the payment by all users, lessees or tenants,
assessed on a basis that is nondiscriminatory within classes of
users, of such reasonable compensation and under such terms
as regulations adopted by the board of directors shall provide.
(3) Nothing in RCW 28A.335.040 and 28A.335.090
shall prohibit a school board of directors and a lessee or tenant from agreeing to conditions to the lease otherwise lawful,
including conditions of reimbursement or partial reimbursement of costs associated with the lease or rental of the property. [1990 c 33 § 355; 1980 c 115 § 3. Formerly RCW
28A.58.034.]
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.060
28A.335.060 Surplus school property—Rental, lease
or use of—Disposition of moneys received from. Each
school district's board of directors shall deposit moneys
derived from the lease, rental, or occasional use of surplus
school property as follows:
(1) Moneys derived from real property shall be deposited
into the district's debt service fund and/or capital projects
fund, except for:
(a) Moneys required to be expended for general maintenance, utility, insurance costs, and any other costs associated
(2004 Ed.)
School Districts' Property
with the lease or rental of such property, which moneys shall
be deposited in the district's general fund; or
(b) At the option of the board of directors, after evaluating the sufficiency of the school district's capital projects
fund for purposes of meeting demands for new construction
and improvements, moneys derived from the lease or rental
of real property may be deposited into the district's general
fund to be used exclusively for nonrecurring costs related to
operating school facilities, including but not limited to
expenses for maintenance;
(2) Moneys derived from pupil transportation vehicles
shall be deposited in the district's transportation vehicle fund;
(3) Moneys derived from other personal property shall
be deposited in the district's general fund. [2004 c 45 § 1;
1989 c 86 § 2; 1983 c 59 § 15; 1982 c 191 § 4; 1981 c 250 §
4; 1980 c 115 § 4. Formerly RCW 28A.58.035.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Effective date—1982 c 191 §§ 3 and 4: See note following RCW
28A.335.170.
Severability—1982 c 191: See note following RCW 28A.335.210.
Effective date—1981 c 250: "The effective date of this amendatory act
shall be September 1, 1981." [1981 c 250 § 5.]
28A.335.120
district, and rent, lease or sell the same, and all conveyances
of real estate made to the district shall vest title in the district.
(2) Any purchase of real property by a school district
shall be preceded by a market value appraisal by a professionally designated real estate appraiser as defined in RCW
74.46.020 or by a general real estate appraiser certified under
chapter 18.140 RCW who was selected by the board of directors. [2001 c 183 § 1; 1995 c 358 § 1; 1990 c 33 § 358; 1981
c 306 § 3; 1980 c 115 § 1; 1969 ex.s. c 223 § 28A.58.040.
Prior: (i) 1947 c 266 § 6, part; Rem. Supp. 1947 § 4693-25,
part; prior: 1909 p 265 § 2, part. Formerly RCW 28.57.135,
part. (ii) 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c
12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part;
1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part;
1961 c 66 § 1, part; 1955 c 68 § 2, part. Formerly RCW
28.58.100(3) and (5), part. (iii) 1909 c 97 p 287 § 7, part; RRS
§ 4782, part; prior: 1897 c 118 § 44, part; 1891 c 127 § 11,
part; 1890 p 366 § 30, part. Formerly RCW 28A.58.040,
28.58.040.]
Severability—1981 c 306: See note following RCW 28A.335.180.
Severability—1980 c 115: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 115 § 9.]
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.100
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.335.070
28A.335.070 Surplus school property, rental, lease or
use of—Existing contracts not impaired. The provisions of
contracts for the use, rental or lease of school district real
property executed prior to June 12, 1980, which were lawful
at the time of execution shall not be impaired by such new
terms and conditions to the rental, lease or occasional use of
school property as may now be established by RCW
28A.335.040, 28A.335.050, and 28A.335.090. [1990 c 33 §
356; 1980 c 115 § 5. Formerly RCW 28A.58.036.]
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.080
28A.335.080 Surplus school property, rental, lease or
use of—Community use not impaired. Nothing in RCW
28A.335.040 through 28A.335.070 shall preclude school district boards of directors from making available school property for community use in accordance with the provisions of
RCW 28A.335.150, 28A.320.510, or 28A.335.250, and
school district administrative policy governing such use.
[1990 c 33 § 357; 1980 c 115 § 6. Formerly RCW
28A.58.037.]
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.090
28A.335.090 Conveyance and acquisition of property—Management—Appraisal. (1) The board of directors
of each school district shall have exclusive control of all
school property, real or personal, belonging to the district;
said board shall have power, subject to RCW 28A.335.120,
in the name of the district, to convey by deed all the interest
of their district in or to any real property of the district which
is no longer required for school purposes. Except as otherwise specially provided by law, and RCW 28A.335.120, the
board of directors of each school district may purchase, lease,
receive and hold real and personal property in the name of the
(2004 Ed.)
28A.335.100 School district associations, right to
mortgage or convey money security interest in association
property—Limitations. Any association established by
school districts pursuant to the interlocal cooperation act,
chapter 39.34 RCW for the purpose of jointly and cooperatively purchasing school supplies, materials and equipment,
if otherwise authorized for school district purposes to purchase personal or real property, is hereby authorized, subject
to rules and regulations of the state board of education, to
mortgage, or convey a purchase money security interest in
real or personal property of such association of every kind,
character or description whatsoever, or any interest in such
personal or real property: PROVIDED, That any such association shall be prohibited from causing any creditor of the
association to acquire any rights against the property, properties or assets of any of its constituent school districts and any
creditor of such association shall be entitled to look for payment of any obligation incurred by such association solely to
the assets and properties of such association. [1975-'76 2nd
ex.s. c 23 § 1. Formerly RCW 28A.58.0401.]
28A.335.110
28A.335.110 Real property—Annexation to city or
town. In addition to other powers and duties as provided by
law, every board of directors, if seeking to have school property annexed to a city or town and if such school property
constitutes the whole of such property in the annexation petition, shall be allowed to petition therefor under RCW
35.13.125 and 35.13.130. [1971 c 69 § 3. Formerly RCW
28A.58.044.]
Severability—1971 c 69: See note following RCW 35.13.125.
28A.335.120
28A.335.120 Real property—Sale—Notice of and
hearing on—Appraisal required—Broker or real estate
appraiser services—Real estate sales contracts, limitation. (1) The board of directors of any school district of this
state may:
[Title 28A RCW—page 135]
28A.335.130
Title 28A RCW: Common School Provisions
(a) Sell for cash, at public or private sale, and convey by
deed all interest of the district in or to any of the real property
of the district which is no longer required for school purposes; and
(b) Purchase real property for the purpose of locating
thereon and affixing thereto any house or houses and appurtenant buildings removed from school sites owned by the district and sell for cash, at public or private sale, and convey by
deed all interest of the district in or to such acquired and
improved real property.
(2) When the board of directors of any school district
proposes a sale of school district real property pursuant to this
section and the value of the property exceeds seventy thousand dollars, the board shall publish a notice of its intention
to sell the property. The notice shall be published at least
once each week during two consecutive weeks in a legal
newspaper with a general circulation in the area in which the
school district is located. The notice shall describe the property to be sold and designate the place where and the day and
hour when a hearing will be held. The board shall hold a public hearing upon the proposal to dispose of the school district
property at the place and the day and hour fixed in the notice
and admit evidence offered for and against the propriety and
advisability of the proposed sale.
(3) The board of directors of any school district desiring
to sell surplus real property shall publish a notice in a newspaper of general circulation in the school district. School districts shall not sell the property for at least forty-five days following the publication of the newspaper notice.
(4) Private schools shall have the same rights as any
other person or entity to submit bids for the purchase of surplus real property and to have such bids considered along
with all other bids.
(5) Any sale of school district real property authorized
pursuant to this section shall be preceded by a market value
appraisal by a professionally designated real estate appraiser
as defined in RCW 74.46.020 or a general real estate
appraiser certified under chapter 18.140 RCW selected by the
board of directors and no sale shall take place if the sale price
would be less than ninety percent of the appraisal made by
the real estate appraiser: PROVIDED, That if the property
has been on the market for one year or more the property may
be reappraised and sold for not less than seventy-five percent
of the reappraised value with the unanimous consent of the
board.
(6) If in the judgment of the board of directors of any district the sale of real property of the district not needed for
school purposes would be facilitated and greater value realized through use of the services of licensed real estate brokers, a contract for such services may be negotiated and concluded: PROVIDED, That the use of a licensed real estate
broker will not eliminate the obligation of the board of directors to provide the notice described in this section: PROVIDED FURTHER, That the fee or commissions charged for
any broker services shall not exceed seven percent of the
resulting sale value for a single parcel: PROVIDED FURTHER, That any professionally designated real estate
appraiser as defined in RCW 74.46.020 or a general real
estate appraiser certified under chapter 18.140 RCW selected
by the board to appraise the market value of a parcel of property to be sold may not be a party to any contract with the
[Title 28A RCW—page 136]
school district to sell such parcel of property for a period of
three years after the appraisal.
(7) If in the judgment of the board of directors of any district the sale of real property of the district not needed for
school purposes would be facilitated and greater value realized through sale on contract terms, a real estate sales contract may be executed between the district and buyer: PROVIDED, That the terms and conditions of any such sales contract must comply with rules and regulations of the state
board of education, herein authorized, governing school district real property contract sales. [2001 c 183 § 2; 1995 c 358
§ 2; 1991 c 116 § 13; 1984 c 103 § 1; 1981 c 306 § 4; 1979
ex.s. c 16 § 1; 1975 1st ex.s. c 243 § 1; 1969 ex.s. c 223 §
28A.58.045. Prior: 1963 c 67 § 1; 1953 c 225 § 1. Formerly
RCW 28A.58.045, 28.58.045.]
Severability—1981 c 306: See note following RCW 28A.335.180.
28A.335.130
28A.335.130 Real property—Sale—Use of proceeds.
Except as provided in RCW 28A.335.240(1), the proceeds
from any sale of school district real property by a board of
directors shall be deposited to the debt service fund and/or the
capital projects fund, except for amounts required to be
expended for the costs associated with the sale of such property, which moneys may be deposited into the fund from
which the expenditure was incurred. [2004 c 6 § 2; 1983 c 59
§ 14; 1981 c 250 § 3; 1975-'76 2nd ex.s. c 80 § 1; 1975 1st
ex.s. c 243 § 2. Formerly RCW 28A.58.0461.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Effective date—1981 c 250: See note following RCW 28A.335.060.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.335.140
28A.335.140 Expenditure of funds on county, city
building authorized—Conditions. Notwithstanding any
other provision of law, every school district board of directors may expend local funds held for capital projects or
improvements for improvements on any building owned by a
city or county in which the district or any part thereof is
located if an agreement is entered into with such city or
county whereby the school district receives a beneficial use
of such building commensurate to the amount of funds
expended thereon by the district. [1971 ex.s. c 238 § 3. Formerly RCW 28A.58.047.]
28A.335.150
28A.335.150 Permitting use and rental of playgrounds, athletic fields or athletic facilities. Boards of
directors of school districts are hereby authorized to permit
the use of, and to rent school playgrounds, athletic fields, or
athletic facilities, by, or to, any person or corporation for any
athletic contests or athletic purposes.
Permission to use and/or rent said school playgrounds,
athletic fields, or athletic facilities shall be for such compensation and under such terms as regulations of the board of
directors adopted from time to time so provide. [1969 ex.s. c
223 § 28A.58.048. Prior: (i) 1935 c 99 § 1; Rem. Supp.
§4776-1. Formerly RCW 28.58.048. (ii) 1935 c 99 § 2; RRS
§ 4776-2. Formerly RCW 28A.58.048, 28.58.050.]
28A.335.155
28A.335.155 Use of buildings for youth programs—
Limited immunity. In order to facilitate school districts per(2004 Ed.)
School Districts' Property
mitting the use of school buildings for use by private nonprofit groups operating youth programs, school districts shall
have a limited immunity in accordance with RCW 4.24.660.
Nothing in RCW 4.24.660, including a school district's failure to require a private nonprofit group to have liability insurance, broadens the scope of a school district's liability. [1999
c 316 § 2.]
Intent—1999 c 316: "The legislature intends to expand the opportunities of children to take advantage of services of private nonprofit groups by
encouraging the groups' use of public school district facilities to provide programs to serve youth in the facilities. The legislature intends the very limited
grant of immunity provided in this act to encourage such use, but only under
the circumstances set forth in this act." [1999 c 316 § 1.]
Effective date—1999 c 316: "This act takes effect January 1, 2000."
[1999 c 316 § 4.]
28A.335.160 Joint educational facilities, services or
programs—Rules. Any school district may cooperate with
one or more school districts in the joint financing, planning,
construction, equipping and operating of any educational
facility otherwise authorized by law: PROVIDED, That any
cooperative financing plan involving the construction of
school plant facilities must be approved by the state board of
education pursuant to such rules as may now or hereafter be
promulgated relating to state approval of school construction.
[1995 c 335 § 604; 1990 c 33 § 359; 1969 c 130 § 12. Formerly RCW 28A.58.075.]
28A.335.160
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Conditional sales contracts for acquisition of property or property rights:
RCW 28A.335.200.
Education of children with disabilities: RCW 28A.155.040.
28A.335.170
28A.335.170 Contracts to lease building space and
portable buildings, rent or have maintained security systems, computers, and other equipment, and provide pupil
transportation services. The board of directors of any
school district may enter into contracts for their respective
districts with public and private persons, organizations, and
entities for the following purposes:
(1) To rent or lease building space and portable buildings
for periods not exceeding ten years in duration;
(2) To rent security systems, computers, and other equipment or to have maintained and repaired security systems,
computers, and other equipment for periods not exceeding
five years in duration; and
(3) To provide pupil transportation services for periods
not exceeding five years in duration.
No school district may enter into a contract for pupil
transportation unless it has notified the superintendent of
public instruction that, in the best judgment of the district, the
cost of contracting will not exceed the projected cost of operating its own pupil transportation.
The budget of each school district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration,
and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of
public instruction adopted pursuant to RCW 28A.505.140
and 28A.310.330.
The provisions of this section shall not have any effect
on the length of contracts for school district employees spec(2004 Ed.)
28A.335.190
ified by RCW 28A.400.300 and 28A.405.210. [1999 c 386 §
1; 1990 c 33 § 360; 1987 c 141 § 1; 1985 c 7 § 93; 1982 c 191
§ 3; 1977 ex.s. c 210 § 1. Formerly RCW 28A.58.131.]
Severability—1987 c 141: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1987 c 141 § 3.]
Effective date—1982 c 191 §§ 3 and 4: "The effective date of sections
3 and 4 of this amendatory act shall be September 1, 1982." [1982 c 191 §
13.]
Severability—1982 c 191: See note following RCW 28A.335.210.
Severability—1977 ex.s. c 210: "If any provision of this 1977 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 210 § 3.]
28A.335.180
28A.335.180 Surplus texts and other educational
aids, notice of availability—Student priority as to texts.
(1) Notwithstanding any other provision of law, school districts, educational service districts, or any other state or local
governmental agency concerned with education, when
declaring texts and other books, equipment, materials or relocatable facilities as surplus, shall, prior to other disposal
thereof, serve notice in writing in a newspaper of general circulation in the school district and to any public school district
or private school in Washington state annually requesting
such a notice, that the same is available for sale, rent, or lease
to public school districts or approved private schools, at
depreciated cost or fair market value, whichever is greater:
PROVIDED, That students wishing to purchase texts pursuant to RCW 28A.320.230(2) shall have priority as to such
texts. The notice requirement in this section does not apply to
the sale or transfer of assistive devices under RCW
28A.335.205 or chapter 72.40 RCW. Such districts or agencies shall not otherwise sell, rent or lease such surplus property to any person, firm, organization, or nongovernmental
agency for at least thirty days following publication of notice
in a newspaper of general circulation in the school district.
(2) In lieu of complying with subsection (1) of this section, school districts and educational service districts may
elect to grant surplus personal property to a federal, state, or
local governmental entity, or to indigent persons, at no cost
on the condition the property be used for preschool through
twelfth grade educational purposes, or elect to loan surplus
personal property to a nonreligious, nonsectarian private
entity on the condition the property be used for the preschool
through twelfth grade education of members of the public on
a nondiscriminatory basis. [1997 c 264 § 1; 1997 c 104 § 1;
1991 c 116 § 1; 1990 c 33 § 361; 1981 c 306 § 1; 1977 ex.s. c
303 § 1. Formerly RCW 28A.02.110.]
Reviser's note: This section was amended by 1997 c 104 § 1 and by
1997 c 264 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1981 c 306: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1981 c 306 § 5.]
Disposal of obsolete or surplus reading materials by school districts and
libraries: RCW 39.33.070.
28A.335.190
28A.335.190 Advertising for bids—Competitive bid
procedures—Telephone or written quotation solicitation,
[Title 28A RCW—page 137]
28A.335.200
Title 28A RCW: Common School Provisions
limitations—Emergencies. (1) When, in the opinion of the
board of directors of any school district, the cost of any furniture, supplies, equipment, building, improvements, or
repairs, or other work or purchases, except books, will equal
or exceed the sum of fifty thousand dollars, complete plans
and specifications for such work or purchases shall be prepared and notice by publication given in at least one newspaper of general circulation within the district, once each week
for two consecutive weeks, of the intention to receive bids
therefor and that specifications and other information may be
examined at the office of the board or any other officially
designated location: PROVIDED, That the board without
giving such notice may make improvements or repairs to the
property of the district through the shop and repair department of such district when the total of such improvements or
repair does not exceed the sum of (a) fifteen thousand dollars,
for districts with fifteen thousand five hundred or more fulltime equivalent students; or (b) for districts with fewer than
fifteen thousand five hundred full-time equivalent students,
fifteen thousand dollars if more than one craft or trade is
involved with the school district improvement or repair, or
ten thousand dollars if a single craft or trade is involved with
the school district improvement or repair. The cost of any
public work, improvement or repair for the purposes of this
section shall be the aggregate of all amounts to be paid for
labor, material, and equipment on one continuous or interrelated project where work is to be performed simultaneously
or in close sequence. The bids shall be in writing and shall be
opened and read in public on the date and in the place named
in the notice and after being opened shall be filed for public
inspection.
(2) Every purchase of furniture, equipment or supplies,
except books, the cost of which is estimated to be in excess of
fifteen thousand dollars, shall be on a competitive basis. The
board of directors shall establish a procedure for securing
telephone and/or written quotations for such purchases.
Whenever the estimated cost is from fifteen thousand dollars
up to fifty thousand dollars, the procedure shall require quotations from at least three different sources to be obtained in
writing or by telephone, and recorded for public perusal.
Whenever the estimated cost is in excess of fifty thousand
dollars, the public bidding process provided in subsection (1)
of this section shall be followed.
(3) Every building, improvement, repair or other public
works project, the cost of which is estimated to be in excess
of (a) fifteen thousand dollars, for districts with fifteen thousand five hundred or more full-time equivalent students; or
(b) for districts with fewer than fifteen thousand five hundred
full-time equivalent students, fifteen thousand dollars if more
than one craft or trade is involved with the school district
improvement or repair, or ten thousand dollars if a single
craft or trade is involved with the school district improvement or repair, shall be on a competitive bid process. Whenever the estimated cost of a public works project is fifty thousand dollars or more, the public bidding process provided in
subsection (1) of this section shall be followed unless the
contract is let using the small works roster process in RCW
39.04.155 or under any other procedure authorized for school
districts. One or more school districts may authorize an educational service district to establish and operate a small works
[Title 28A RCW—page 138]
roster for the school district under the provisions of RCW
39.04.155.
(4) The contract for the work or purchase shall be
awarded to the lowest responsible bidder as defined in RCW
43.19.1911 but the board may by resolution reject any and all
bids and make further calls for bids in the same manner as the
original call. On any work or purchase the board shall provide bidding information to any qualified bidder or the bidder's agent, requesting it in person.
(5) In the event of any emergency when the public interest or property of the district would suffer material injury or
damage by delay, upon resolution of the board declaring the
existence of such an emergency and reciting the facts constituting the same, the board may waive the requirements of this
section with reference to any purchase or contract: PROVIDED, That an "emergency", for the purposes of this section, means a condition likely to result in immediate physical
injury to persons or to property of the school district in the
absence of prompt remedial action.
(6) This section does not apply to the direct purchase of
school buses by school districts and educational services in
accordance with RCW 28A.160.195. [2000 c 138 § 201;
1995 1st sp.s. c 10 § 3; 1994 c 212 § 1; 1990 c 33 § 362; 1985
c 324 § 1; 1980 c 61 § 1; 1975-'76 2nd ex.s. c 26 § 1; 1969
ex.s. c 49 § 2; 1969 ex.s. c 223 § 28A.58.135. Prior: 1961 c
224 § 1. Formerly RCW 28A.58.135, 28.58.135.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Alternative public works contracting procedures: Chapter 39.10 RCW.
28A.335.200
28A.335.200 Conditional sales contracts for acquisition of property or property rights. Any school district
may execute an executory conditional sales contract with any
other municipal corporation, the state or any of its political
subdivisions, the government of the United States or any private party for the purchase of any real or personal property, or
property rights, in connection with the exercise of any powers
or duties which they now or hereafter are authorized to exercise, if the entire amount of the purchase price specified in
such contract does not result in a total indebtedness in excess
of the limitation authorized by chapter 39.36 RCW, as now or
hereafter amended, to be incurred without the assent of the
voters: PROVIDED, That if such a proposed contract would
result in a total indebtedness in excess of the limitation authorized by chapter 39.36 RCW, as now or hereafter amended, to
be incurred without the assent of the voters, a proposition in
regard to whether or not such a contract may be executed
shall be submitted to the voters for approval or rejection in
the same manner that bond issues for capital purposes are
submitted to the voters: PROVIDED FURTHER, That any
school district may jointly with another school district execute contracts authorized by this section. [1970 ex.s. c 42 §
11; 1969 ex.s. c 223 § 28A.58.550. Prior: 1965 c 62 § 1. Formerly RCW 28A.58.550, 28.58.550.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
28A.335.205
28A.335.205 Assistive devices—Transfer for benefit
of children with disabilities—Record, inventory. Not(2004 Ed.)
School Districts' Property
withstanding any other provision of law, the office of the
superintendent of public instruction, the Washington state
school for the blind, the Washington state school for the deaf,
school districts, educational service districts, and all other
state or local governmental agencies concerned with education may loan, lease, sell, or transfer assistive devices for the
use and benefit of children with disabilities to children with
disabilities or their parents or to any other public or private
nonprofit agency providing services to or on behalf of individuals with disabilities including but not limited to any
agency providing educational, health, or rehabilitation services. The notice requirement in RCW 28A.335.180 does not
apply to the loan, lease, sale, or transfer of such assistive
devices. The sale or transfer of such devices is authorized
under this section regardless of whether or not the devices
have been declared surplus. The sale or transfer shall be
recorded in an agreement between the parties and based upon
the item's depreciated value.
For the purposes of this section, "assistive device" means
any item, piece of equipment, or product system, whether
acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional
capabilities of children with disabilities.
For the purpose of implementing this section, each educational agency shall establish and maintain an inventory of
assistive technology devices in its possession that exceed one
hundred dollars and, for each such device, shall establish a
value, which shall be adjusted annually to reflect depreciation.
This section shall not enhance or diminish the obligation
of school districts to provide assistive technology to children
with disabilities where needed to achieve a free and appropriate public education and equal opportunity in accessing academic and extracurricular activities. [1997 c 104 § 2.]
28A.335.210
28A.335.210 Purchase of works of art—Procedure.
The state board of education and superintendent of public
instruction shall allocate, as a nondeductible item, out of any
moneys appropriated for state assistance to school districts
for the original construction of any school plant facility the
amount of one-half of one percent of the appropriation to be
expended by the Washington state arts commission for the
acquisition of works of art. The works of art may be placed in
accordance with Article IX, sections 2 and 3 of the state Constitution on public lands, integral to or attached to a public
building or structure, detached within or outside a public
building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in
other public facilities. The Washington state arts commission
shall, in consultation with the superintendent of public
instruction, determine the amount to be made available for
the purchase of works of art under this section, and payments
therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase,
commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the superintendent of public instruction and representatives of school
district boards of directors. However, the costs to carry out
the Washington state arts commission's responsibility for
(2004 Ed.)
28A.335.220
maintenance shall not be funded from the moneys referred to
under this section, RCW 43.17.200, 43.19.455, or
28B.10.025, but shall be contingent upon adequate appropriations being made for that purpose: PROVIDED, That the
superintendent of public instruction and the school district
board of directors of the districts where the sites are selected
shall have the right to:
(1) Waive its use of the one-half of one percent of the
appropriation for the acquisition of works of art before the
selection process by the Washington state arts commission;
(2) Appoint a representative to the body established by
the Washington state arts commission to be part of the selection process with full voting rights;
(3) Reject the results of the selection process;
(4) Reject the placement of a completed work or works
of art on school district premises if such works are portable.
Rejection at any point before or after the selection process shall not cause the loss of or otherwise endanger state
construction funds available to the local school district. Any
works of art rejected under this section shall be applied to the
provision of works of art under this chapter, at the discretion
of the Washington state arts commission, notwithstanding
any contract or agreement between the affected school district and the artist involved. In addition to the cost of the
works of art the one-half of one percent of the appropriation
as provided herein shall be used to provide for the administration by the Washington state arts commission and all costs for
installation of the work of art. For the purpose of this section
building shall not include sheds, warehouses or other buildings of a temporary nature.
The executive director of the arts commission, the superintendent of public instruction and the Washington state
school directors association shall appoint a study group to
review the operations of the one-half of one percent for works
of art under this section. [1983 c 204 § 7; 1982 c 191 § 2;
1974 ex.s. c 176 § 5. Formerly RCW 28A.58.055.]
Implementation—1983 c 204 § 7: "Implementation of section 7 of this
1983 act shall become effective upon approval by the arts commission, the
superintendent of public instruction and the Washington state school directors association." [1983 c 204 § 10.] "Section 7 of this 1983 act," was the
1983 c 204 amendment to RCW 28A.58.055, now recodified as RCW
28A.335.210.
Severability—1983 c 204: See note following RCW 43.46.090.
Severability—1982 c 191: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 191 § 14.]
Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090.
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
Purchase of works of art—Interagency reimbursement for expenditure by
visual arts program: RCW 43.17.205.
State art collection: RCW 43.46.095.
28A.335.220
28A.335.220 Eminent domain. The board of directors
of any school district may proceed to condemn and appropriate not more than fifteen acres of land for any elementary
school purpose; not more than twenty-five acres for any junior high school purpose; not more than forty acres for any
senior high school purpose; except as otherwise provided by
law, not more than seventy-five acres for any vocational tech[Title 28A RCW—page 139]
28A.335.230
Title 28A RCW: Common School Provisions
nical school purpose; and not more than fifteen acres for any
other school district purpose. Such condemnation proceedings shall be in accordance with chapters 8.16 and 8.25 RCW
and such other laws of this state providing for appropriating
private property for public use by school districts. [1969
ex.s. c 223 § 28A.58.070. Prior: 1963 c 41 § 1; 1957 c 155 §
1; 1949 c 54 § 1; 1909 c 97 p 289 § 13; Rem. Supp. 1949 §
4788. Formerly RCW 28A.58.070, 28.58.070.]
28A.335.230 Vacant school plant facilities—Lease by
contiguous district, when required—Eligibility for
matching funds. School districts shall be required to lease
for a reasonable fee vacant school plant facilities from a contiguous school district wherever possible.
No school district with unhoused students may be eligible for the state matching funds for the construction of school
plant facilities if:
(1) The school district contiguous to the school district
applying for the state matching percentage has vacant school
plant facilities;
(2) The superintendent of public instruction and the state
board of education have determined the vacant school plant
facilities available in the contiguous district will fulfill the
needs of the applicant district in housing unhoused students.
In determining whether the contiguous district school plant
facilities meet the needs of the applicant district, consideration shall be given, but not limited to the geographic location of the vacant facilities as they relate to the applicant district; and
(3) A lease of the vacant school plant facilities can be
negotiated. [1987 c 112 § 1. Formerly RCW 28A.47.105.]
28A.335.230
acquire, assemble and house material for the dissemination of
information of use and interest to the farm, the home and the
community, and facilities for experiment and study, especially in matters pertaining to the growing of crops, the
improvement and handling of livestock, the marketing of
farm products, the planning and construction of farm buildings, the subjects of household economies, home industries,
good roads, and community vocations and industries; and
may call meetings for the consideration and discussion of any
such matters, employ a special supervisor, or leader, if need
be, and provide suitable dwellings and accommodations for
teachers, supervisors and necessary assistants. [1975 c 43 §
16; 1969 ex.s. c 223 § 28A.60.190. Prior: 1913 c 129 § 1;
RRS § 4837. Formerly RCW 28A.60.190, 28.63.190.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.335.260
28A.335.260 School property used for public purposes—Community buildings. Each school district of the
second class, by itself or in combination with any other district or districts, shall have power, when in the judgment of
the school board it shall be deemed expedient, to reconstruct,
remodel, or build schoolhouses, and to erect, purchase, lease
or otherwise acquire other improvements and real and personal property, and establish a communal assembly place and
appurtenances, and supply the same with suitable and convenient furnishings and facilities for the uses mentioned in
RCW 28A.335.250. [1990 c 33 § 363; 1975 c 43 § 17; 1969
ex.s. c 223 § 28A.60.200. Prior: 1913 c 129 § 2; RRS § 4838.
Formerly RCW 28A.60.200, 28.63.200.]
Surplus school property: RCW 28A.335.040 through 28A.335.080.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.335.240 Schoolhouses, teachers' cottages—Purchase of realty for district purposes. (1) The board of
directors of a second class school district shall build schoolhouses and teachers' cottages when directed by a vote of the
district to do so and may purchase real property for any
school district purpose.
(2) The board of directors of a second class nonhigh
school district that is totally surrounded by water and serves
fewer than forty students also may authorize the construction
of teachers' cottages without a vote of the district using funds
from the district's capital projects fund or general fund.
Rental and other income from the cottages, including sale of
the cottages, may be deposited, in whole or in part, into the
school district's general fund, debt service fund, or capital
projects fund as determined by the board of directors. [2004
c 6 § 1; 1969 ex.s. c 223 § 28A.60.181. Prior: 1963 c 61 § 1;
1959 c 169 § 1. Formerly RCW 28A.60.181, 28.63.181.]
28A.335.270 School property used for public purposes—Special state commission to pass on plans. Plans
of any second class district or combination of districts for the
carrying out of the powers granted by RCW 28A.335.250
through 28A.335.280 shall be submitted to and approved by
a board of supervisors composed of members, as follows:
The superintendent of public instruction; the head of the
extension department of Washington State University; the
head of the extension department of the University of Washington; and the educational service district superintendent;
these to choose one member from such county in which the
facilities are proposed to be located, and two members, from
the district or districts concerned. [1990 c 33 § 364; 1975-'76
2nd ex.s. c 15 § 12. Prior: 1975 1st ex.s. c 275 § 121; 1975 c
43 § 18; 1973 1st ex.s. c 154 § 46; 1971 c 48 § 37; 1969 ex.s.
c 223 § 28A.60.210; prior: 1913 c 129 § 3; RRS § 4839. Formerly RCW 28A.60.210, 28.63.210.]
Borrowing money, issuing bonds, for schoolhouse sites, playgrounds, erecting buildings and equipping same: RCW 28A.530.010.
Real property—Sale—Purchase to relocate and sell buildings: RCW
28A.335.120.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
28A.335.250 School property used for public purposes. School boards in each district of the second class may
provide for the free, comfortable and convenient use of the
school property to promote and facilitate frequent meetings
and association of the people in discussion, study, improvement, recreation and other community purposes, and may
28A.335.280 School property used for public purposes—Limit on expenditures. No real or personal property or improvements shall be purchased, leased, exchanged,
acquired or sold, nor any schoolhouses built, remodeled or
removed, nor any indebtedness incurred or money expended
for any of the purposes of RCW 28A.335.250 through
28A.335.270
28A.335.240
28A.335.250
[Title 28A RCW—page 140]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.335.280
(2004 Ed.)
Small High School Cooperative Projects
28A.335.280 except in the manner otherwise provided by law
for the purchase, lease, exchange, acquisition and sale of
school property, the building, remodeling and removing of
schoolhouses and the incurring of indebtedness and expenditure of money for school purposes. [1990 c 33 § 365; 1969
ex.s. c 223 § 28A.60.220. Prior: 1913 c 129 § 4; RRS § 4840.
Formerly RCW 28A.60.220, 28.63.220.]
28A.335.290
28A.335.290 Housing for superintendent—Authorized—Limitation. Notwithstanding any other provision of
law, any second class school district with an enrollment of
three hundred students or less may provide housing for the
superintendent of the school district, or any person acting in
the capacity of superintendent, by such means and with such
moneys as the school district shall determine: PROVIDED,
That any second class school district presently providing
such housing may continue to provide the same: PROVIDED FURTHER, That if such housing is exempt from real
property taxation by virtue of school district ownership, the
school district shall charge for such housing, rent at least
equal to the amount of real property tax for which such housing would be liable were it not so owned. [1984 c 40 § 10;
1975 1st ex.s. c 41 § 1. Formerly RCW 28A.60.350.]
Severability—1984 c 40: See note following RCW 28A.195.050.
28A.335.300
28A.335.300 Playground matting. Every school board
of directors shall consider the purchase of playground matting manufactured from shredded waste tires in undertaking
construction or maintenance of playgrounds. The department
of general administration shall upon request assist in the
development of product specifications and vendor identification. [1991 c 297 § 18.]
Captions not law—1991 c 297: See RCW 43.19A.900.
28A.335.320
28A.335.320 Enhanced 911 service—Common and
public school service required. By January 1, 1997, or one
year after enhanced 911 service becomes available or a private switch automatic location identification service
approved by the Washington utilities and transportation commission is available from the serving local exchange telecommunications company, whichever is later, all common and
public schools located in counties that provide enhanced 911
service shall provide persons using school facilities direct
access to telephones that are connected to the public switched
network such that calls to 911 result in automatic location
identification for each telephone in a format that is compatible with the existing and planned county enhanced 911 system during all times that the facility is in use. Any school district acquiring a private telecommunications system that
allows connection to the public switched network after January 1, 1997, shall assure that the telecommunications system
is connected to the public switched network such that calls to
911 result in automatic location identification for each telephone in a format that is compatible with the existing or
planned county enhanced 911 system. [1995 c 243 § 4.]
Reviser's note: 1995 c 243 directed that this section be added to chapter 28A.150 RCW. This section has been codified in chapter 28A.335 RCW,
which relates more directly to school district facilities.
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
(2004 Ed.)
28A.340.030
Chapter 28A.340 RCW
SMALL HIGH SCHOOL COOPERATIVE PROJECTS
Chapter 28A.340
Sections
28A.340.010 Increased curriculum programs and opportunities.
28A.340.020 Eligibility—Participation.
28A.340.030 Application—Review by the superintendent of public
instruction.
28A.340.040 Adoption of salary schedules—Computation of fringe benefits.
28A.340.060 Rules.
28A.340.070 Allocation of state funds for technical assistance—Contracting with agencies for technical assistance.
28A.340.010 Increased curriculum programs and
opportunities. Eligible school districts as defined under
RCW 28A.340.020 are encouraged to establish cooperative
projects with a primary purpose to increase curriculum programs and opportunities among the participating districts, by
expanding the opportunity for students in the participating
districts to take vocational and academic courses as may be
generally more available in larger school districts, and to
enhance student learning. [1990 c 33 § 366; 1988 c 268 § 2.
Formerly RCW 28A.100.080.]
28A.340.010
Findings—1988 c 268: "The legislature finds that partnerships among
school districts can: Increase curriculum offerings for students, encourage
creative educational programming and staffing, and result in the cost-effective delivery of educational programs. It is the intent of the legislature to
establish a program to facilitate and encourage such partnerships among
small school districts." [1988 c 268 § 1.]
Severability—1988 c 268: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1988 c 268 § 12.]
28A.340.020 Eligibility—Participation. School districts eligible for funding as a small high school district pursuant to the state operating appropriations act shall be eligible
to participate in a cooperative project: PROVIDED, That the
superintendent of public instruction may adopt rules permitting second class school districts that are not eligible for
funding as a small high school district in the state operating
appropriations act to participate in a cooperative project.
Two or more school districts may participate in a cooperative project pursuant to RCW 28A.340.020 through
28A.340.070. [1990 c 33 § 367; 1988 c 268 § 3. Formerly
RCW 28A.100.082.]
28A.340.020
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.030 Application—Review by the superintendent of public instruction. (1) Eligible school districts
desiring to form a cooperative project pursuant to RCW
28A.340.020 through 28A.340.070 shall submit to the superintendent of public instruction an application for review as a
cooperative project. The application shall include, but not be
limited to, the following information:
(a) A description of the cooperative project, including
the programs, services, and administrative activities that will
be operated jointly;
(b) The improvements in curriculum offerings and educational opportunities expected to result from the establishment of the proposed cooperative project;
(c) A list of any statutory requirements or administrative
rules which are considered financial disincentives to the
28A.340.030
[Title 28A RCW—page 141]
28A.340.040
Title 28A RCW: Common School Provisions
establishment of cooperative projects and which would
impede the operation of the proposed cooperative project;
and the financial impact to the school districts and the state
expected to result by the granting of a waiver from such statutory requirements or administrative rules;
(d) An assessment of community support for the proposed cooperative project, which assessment shall include
each community affected by the proposed cooperative
project; and
(e) A plan for evaluating the educational and cost-effectiveness of the proposed cooperative project, including curriculum offerings and staffing patterns.
(2) The superintendent of public instruction shall review
the application before the applicant school districts may commence the proposed cooperative project.
In reviewing applications, the superintendent shall be
limited to: (a) The granting of waivers from statutory
requirements, for which the superintendent of public instruction has the express power to implement pursuant to the
adoption of rules, or administrative rules that need to be
waived in order for the proposed cooperative project to be
implemented: PROVIDED, That no statutory requirement or
administrative rule dealing with health, safety, or civil rights
may be waived; and (b) ensuring the technical accuracy of the
application.
Any waiver granted by the superintendent of public
instruction shall be reviewed and may be renewed by the
superintendent every five years subject to the participating
districts submitting a new application pursuant to this section.
(3) If additional eligible school districts wish to participate in an existing cooperative project the cooperative project
as a whole shall reapply for review by the superintendent of
public instruction. [1990 c 33 § 368; 1988 c 268 § 4. Formerly RCW 28A.100.084.]
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.060 Rules. (1) The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to carry out the provisions of RCW 28A.340.010
through 28A.340.070.
(2) When the joint operation of programs or services
includes the teaching of all or substantially all of the curriculum for a particular grade or grades in only one local school
district, the rules shall provide that the affected students are
attending school in the district in which they reside for the
purposes of RCW 28A.150.250 and 28A.150.260 and chapter
28A.545 RCW. [1990 c 33 § 371; 1988 c 268 § 8. Formerly
RCW 28A.100.090.]
28A.340.060
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.070 Allocation of state funds for technical
assistance—Contracting with agencies for technical assistance. (1) The superintendent of public instruction may allocate state funds, as may be appropriated, to provide technical
assistance to eligible school districts interested in developing
and implementing a cooperative project.
(2) The superintendent of public instruction may contract with other agencies to provide some or all of the technical assistance under subsection (1) of this section. [1988 c
268 § 9. Formerly RCW 28A.100.092.]
28A.340.070
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
Chapter 28A.343
Sections
28A.343.010
28A.343.020
28A.343.030
28A.343.040
28A.343.050
28A.343.060
28A.340.040
28A.340.040 Adoption of salary schedules—Computation of fringe benefits. (1) School districts participating in
a cooperative project pursuant to RCW 28A.340.030 may
adopt identical salary schedules following compliance with
chapter 41.59 RCW: PROVIDED, That if the districts participating in a cooperative project adopt identical salary schedules, the participating districts shall be considered a single
school district for purposes of establishing compliance with
the salary limitations of RCW 28A.400.200(3) but not for the
purposes of allocation of state funds.
(2) For purposes of computing fringe benefit contributions for purposes of establishing compliance with RCW
28A.400.200(3)(b), the districts participating in a cooperative
project pursuant to RCW 28A.340.030 may use the greater
of: (a) The highest amount provided in the 1986-87 school
year by a district participating in the cooperative project; or
(b) the amount authorized for such purposes in the state operating appropriations act in effect at the time. [1990 c 33 §
369; 1988 c 268 § 5. Formerly RCW 28A.100.086.]
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
[Title 28A RCW—page 142]
Chapter 28A.343 RCW
SCHOOL DIRECTOR DISTRICTS
28A.343.070
Director candidates in undivided districts—Indication of
term sought—How elected.
Certain school districts—Election for formation of new
school district.
Certain school districts—Election to authorize division in
school districts not already divided into directors' districts.
Division or redivision of district into director districts.
Dissolution of directors' districts.
District boundary changes—Submission to county auditor.
Map and record of directors' districts.
ELECTIONS
28A.343.300
28A.343.310
28A.343.320
28A.343.330
28A.343.340
28A.343.350
28A.343.360
28A.343.370
28A.343.380
28A.343.390
28A.343.400
Directors—Terms—Number.
Terms for directors in divided districts.
Declarations of candidacy—Positions as separate offices.
Ballots—Form.
When elected—Eligibility.
Residency.
Oath of office.
Vacancies.
Meetings.
Quorum—Failure to attend meetings.
Compensation—Waiver.
PROVISIONS RELATING TO CERTAIN DISTRICTS
28A.343.600
28A.343.610
28A.343.620
28A.343.630
28A.343.640
28A.343.650
Certain first class districts—Staggered terms.
First class districts having city with population of 400,000
people or more—Directors' terms.
First class districts containing no former first class district—Number and terms of directors.
First class districts containing only one former first class
district—Number and terms of directors.
First class districts containing more than one former first
class district—Number and terms of directors.
New first class district having city with population of
400,000 people or more—Number and terms of directors.
(2004 Ed.)
School Director Districts
28A.343.660
28A.343.670
28A.343.680
First class districts having city with population of 400,000
people or more—Boundaries of director districts—
Candidate eligibility—Declaration of candidacy—
Primary limited to district voters—Terms of directors.
First class districts having city with population of 400,000
people or more—Initial director district boundaries—
Appointments to fill vacancies for new director districts—Director district numbers.
New second class districts—Number and terms of directors.
Reviser's note: 1999 c 315 §§ 804, 805, and 806 directed that numerous sections in chapter 28A.315 RCW be recodified in three new chapters in
Title 28A RCW. These sections have been recodified in chapter 28A.343
RCW with subheadings.
28A.343.010
28A.343.010 Director candidates in undivided districts—Indication of term sought—How elected. Whenever the directors to be elected in a school district that is not
divided into directors' districts are not all to be elected for the
same term of years, the county auditor shall distinguish them
and designate the same as provided for in *RCW 29.21.140,
and assign position numbers thereto as provided in **RCW
28A.315.470 and each candidate shall indicate on his or her
declaration of candidacy the term for which he or she seeks to
be elected and position number for which he or she is filing.
The candidate receiving the largest number of votes for each
position shall be deemed elected. [1990 c 33 § 317; 1969
ex.s. c 223 § 28A.57.334. Prior: 1959 c 268 § 12. Formerly
RCW 28A.315.560, 28A.57.334, 28.57.420.]
Reviser's note: *(1) RCW 29.21.140 was recodified as RCW
29.15.140 pursuant to 1990 c 59 § 110, effective July 1, 1992. RCW
29.15.140 was recodified as RCW 29A.24.020 pursuant to 2003 c 111 §
2401, effective July 1, 2004.
**(2) RCW 28A.315.470 was recodified as RCW 28A.343.320 pursuant to 1999 c 315 § 804.
28A.343.020
28A.343.020 Certain school districts—Election for
formation of new school district. Whenever an election
shall be held for the purpose of securing the approval of the
voters for the formation of a new school district other than a
school district of the first class having within its boundaries a
city with a population of four hundred thousand people or
more, if requested by one of the boards of directors of the
school districts affected, there shall also be submitted to the
voters at the same election a proposition to authorize the
board of directors to divide the school district, if formed, into
five directors' districts in first class school districts and a
choice of five directors' districts or no fewer than three directors' districts with the balance of the directors to be elected at
large in second class school districts. Such director districts
in second class districts, if approved, shall not become effective until the regular school election following the next regular school election at which time a new board of directors
shall be elected as provided in *RCW 28A.315.550. Such
director districts in first class districts, if approved, shall not
become effective until the next regular school election at
which time a new board of directors shall be elected as provided in *RCW 28A.315.600, 28A.315.610, and
28A.315.620. Each of the five directors shall be elected from
among the residents of the respective director district, or from
among the residents of the entire school district in the case of
directors at large, by the electors of the entire school district.
[1991 c 363 § 22; 1991 c 288 § 3. Prior: 1990 c 161 § 5; 1990
c 33 § 319; 1985 c 385 § 27; 1979 ex.s. c 183 § 2; 1975 c 43
§ 8; 1973 2nd ex.s. c 21 § 2; 1971 c 67 § 2; 1969 ex.s. c 223
(2004 Ed.)
28A.343.030
§ 28A.57.342; prior: 1959 c 268 § 4. Formerly RCW
28A.315.580, 28A.57.342, 28.57.342.]
Reviser's note: *(1) RCW 28A.315.550, 28A.315.600, 28A.315.610,
and 28A.315.620 were recodified as RCW 28A.343.680, 28A.343.620,
28A.343.630, and 28A.343.640, respectively, pursuant to 1999 c 315 § 805.
(2) This section was amended by 1991 c 288 § 3 and by 1991 c 363 §
22, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1985 c 385: See note following RCW 28A.315.025.
Effective date—1979 ex.s. c 183: "This amendatory act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1979." [1979 ex.s. c 183 § 12.]
Severability—1979 ex.s. c 183: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 183 § 13.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.030
28A.343.030 Certain school districts—Election to
authorize division in school districts not already divided
into directors' districts. The board of directors of every first
class school district other than a school district of the first
class having within its boundaries a city with a population of
four hundred thousand people or more which is not divided
into directors' districts may submit to the voters at any regular
school district election a proposition to authorize the board of
directors to divide the district into directors' districts or for
second class school districts into director districts or a combination of no fewer than three director districts and no more
than two at large positions. If a majority of the votes cast on
the proposition is affirmative, the board of directors shall proceed to divide the district into directors' districts following
the procedure established in *RCW 29.70.100. Such director
districts, if approved, shall not become effective until the
next regular school election when a new five member board
of directors shall be elected, one from each of the director districts from among the residents of the respective director district, or from among the residents of the entire school district
in the case of directors at large, by the electors of the entire
district, two for a term of two years and three for a term of
four years, unless such district elects its directors for six
years, in which case, one for a term of two years, two for a
term of four years, and two for a term of six years. [1991 c
363 § 23; 1991 c 288 § 4; 1990 c 161 § 6; 1985 c 385 § 28;
1979 ex.s. c 183 § 3; 1975 c 43 § 9; 1973 2nd ex.s. c 21 § 3;
1971 c 67 § 8; 1969 ex.s. c 223 § 28A.57.344. Prior: 1959 c
268 § 3. Formerly RCW 28A.315.590, 28A.57.344,
28.57.344.]
Reviser's note: *(1) RCW 29.70.100 was recodified as RCW
29A.76.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
(2) This section was amended by 1991 c 288 § 4 and by 1991 c 363 §
23, each without reference to the other. Both amendments are incorporated
in the publication of this section pursuant to RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1985 c 385: See note following RCW 28A.315.025.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
[Title 28A RCW—page 143]
28A.343.040
Title 28A RCW: Common School Provisions
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.040
28A.343.040 Division or redivision of district into
director districts. It is the responsibility of each school district board of directors to prepare for the division or redivision of the district into director districts no later than eight
months after any of the following:
(1) Receipt of federal decennial census data from the
redistricting commission established in RCW 44.05.030;
(2) Consolidation of two or more districts into one district under *RCW 28A.315.270;
(3) Transfer of territory to or from the district under
*RCW 28A.315.280;
(4) Annexation of territory to or from the district under
*RCW 28A.315.290 or 28A.315.320; or
(5) Approval by a majority of the registered voters voting on a proposition authorizing the division of the district
into director districts pursuant to **RCW 28A.315.590.
The districting or redistricting plan shall be consistent
with the criteria and adopted according to the procedure
established under ***RCW 29.70.100. [1991 c 288 § 1. Formerly RCW 28A.315.593.]
Reviser's note: *(1) RCW 28A.315.270, 28A.315.280, 28A.315.290,
and 28A.315.320 were repealed by 1999 c 315 § 801. Later enactment of
RC W 2 8A .31 5.2 70 , 28 A.3 15 .28 0, a n d 2 8A .31 5.3 20 , se e RC W
28A.315.195, 28A.315.215, and 28A.315.225, respectively.
**(2) RCW 28A.315.590 was recodified as RCW 28A.343.030 pursuant to 1999 c 315 § 806.
***(3) RCW 29.70.100 was recodified as RCW 29A.76.010 pursuant
to 2003 c 111 § 2401, effective July 1, 2004.
28A.343.060
28A.343.060 District boundary changes—Submission to county auditor. (1) Any district boundary changes,
including changes in director district boundaries, shall be
submitted to the county auditor by the school district board of
directors within thirty days after the changes have been
approved by the board. The board shall submit both legal
descriptions and maps.
(2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years
shall not take effect until the following year. [1991 c 288 § 9.
Formerly RCW 28A.315.597.]
28A.343.070
28A.343.070 Map and record of directors' districts.
Each educational service district superintendent shall prepare
and keep in his or her office (1) a map showing the boundaries of the directors' districts of all school districts in or
belonging to his or her educational service district that are so
divided, and (2) a record of the action taken by the regional
committee in establishing such boundaries. [1990 c 33 § 324;
1985 c 385 § 29; 1975 1st ex.s. c 275 § 106; 1969 ex.s. c 176
§ 140; 1969 ex.s. c 223 § 28A.57.390. Prior: 1947 c 266 § 38;
Rem. Supp. 1947 § 4693-57. Formerly RCW 28A.315.640,
28A.57.390, 28.57.390.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
ELECTIONS
28A.343.300
28A.343.050 Dissolution of directors' districts. Upon
receipt by the educational service district superintendent of a
resolution adopted by the board of directors or a written petition from a second class school district signed by at least
twenty percent of the registered voters of a school district
previously divided into directors' districts, which resolution
or petition shall request dissolution of the existing directors'
districts and reapportionment of the district into no fewer
than three directors' districts and with no more than two
directors at large, the superintendent, after formation of the
question to be submitted to the voters, shall give notice
thereof to the county auditor who shall call and hold a special
election of the voters of the entire school district to approve
or reject such proposal, such election to be called, conducted
and the returns canvassed as in regular school district elections.
If approval of a majority of those registered voters voting
in said election is acquired, at the expiration of terms of the
incumbent directors of such school district their successors
shall be elected in the manner approved. [1990 c 161 § 3;
1990 c 33 § 326; 1975-'76 2nd ex.s. c 15 § 9. Prior: 1975 1st
ex.s. c 275 § 107; 1975 c 43 § 13; 1971 c 48 § 27; 1969 ex.s.
c 223 § 28A.57.415. Formerly RCW 28A.315.660,
28A.57.415.]
Reviser's note: This section was amended by 1990 c 33 § 326 and by
1990 c 161 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
28A.343.300 Directors—Terms—Number. The governing board of a school district shall be known as the board
of directors of the district.
Unless otherwise specifically provided, as in *RCW
29.13.060, each member of a board of directors shall be
elected by ballot by the registered voters of the school district
and shall hold office for a term of four years and until a successor is elected and qualified. Terms of school directors
shall be staggered, and insofar as possible, not more than a
majority of one shall be elected to full terms at any regular
election. In case a member or members of a board of directors
are to be elected to fill an unexpired term or terms, the ballot
shall specify the term for which each such member is to be
elected.
Except for a school district of the first class having
within its boundaries a city with a population of four hundred
thousand people or more which shall have a board of directors of seven members, the board of directors of every school
district of the first class or school district of the second class
shall consist of five members. [1991 c 363 § 20; 1980 c 35 §
1; 1980 c 47 § 1. Prior: 1979 ex.s. c 183 § 1; 1979 ex.s. c 126
§ 4; 1975 c 43 § 5; 1973 2nd ex.s. c 21 § 1; 1969 c 131 § 8;
1969 ex.s. c 223 § 28A.57.312; prior: 1957 c 67 § 1; 1955 c
55 § 11; 1947 c 266 § 10; Rem. Supp. 1947 § 4693-29; prior:
1909 pp 289, 290 §§ 1,2; RRS §§ 4790, 4791. Formerly
RCW 28A.315.450, 28A.57.312, 28.57.338, 28.58.080.]
*Reviser's note: RCW 29.13.060 was repealed by 2003 c 111 § 2404,
effective July 1, 2004.
28A.343.050
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1971 c 48: See note following RCW 28A.305.040.
[Title 28A RCW—page 144]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1980 c 35: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
(2004 Ed.)
School Director Districts
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 35 § 10.]
Severability—1980 c 47: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 47 § 5.]
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
in counties with a population of less than two hundred ten thousand, times
for holding: RCW 29A.04.330.
in counties with a population of two hundred ten thousand or more, times
for holding: RCW 29A.04.330.
Terms of office: RCW 29A.04.330, 29A.20.030.
28A.343.330 Ballots—Form. Except as provided in
*RCW 29.21.010, the positions of school directors and the
candidates therefor shall appear separately on the nonpartisan
ballot in substantially the following form:
28A.343.330
SCHOOL DIRECTOR ELECTION BALLOT
District No. . . . .
Date . . . . . .
28A.343.310
28A.343.310 Terms for directors in divided districts.
Whenever all directors to be elected in a school district that is
divided into directors' districts are not all to be elected for the
same term of years, the county auditor, prior to the date set by
law for filing a declaration of candidacy for the office of
director, shall determine by lot the directors' districts from
which directors shall be elected for a term of two years and
the directors' districts from which directors shall be elected
for a term of four years. In districts with a combination of
directors' districts and directors at large, the county auditor
shall determine the terms of office in such a manner that twoyear terms and four-year terms are distributed evenly to the
extent possible between the director district and at large positions. Each candidate shall indicate on his or her declaration
of candidacy the directors' district from which he or she seeks
to be elected or whether the candidate is seeking election as a
director at large. [1990 c 161 § 7; 1990 c 33 § 325; 1969 ex.s.
c 223 § 28A.57.410. Prior: 1959 c 268 § 11. Formerly RCW
28A.315.650, 28A.57.410, 28.57.410.]
To vote for a person make a cross (X) in the square at the
right of the name of the person for whom you desire to vote.
School District Directors
Position No. 1
Vote for One
....................................
....................................
....................................
28A.343.320 Declarations of candidacy—Positions as
separate offices. Candidates for the position of school director shall file their declarations of candidacy as provided in
*Title 29 RCW.
The positions of school directors in each district shall be
dealt with as separate offices for all election purposes, and
where more than one position is to be filled, each candidate
shall file for one of the positions so designated: PROVIDED,
That in school districts containing director districts, or a combination of director districts and director at large positions,
candidates shall file for such director districts or at large positions. Position numbers shall be assigned to correspond to
director district numbers to the extent possible. [1990 c 161
§ 4; 1990 c 59 § 98; 1969 ex.s. c 223 § 28A.57.314. Prior:
1963 c 223 § 1. Formerly RCW 28A.315.470, 28A.57.314,
28.58.082.]
Reviser's note: *(1) Title 29 RCW was repealed and/or recodified in its
entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
(2) This section was amended by 1990 c 59 § 98 and by 1990 c 161 §
4, each without reference to the other. Both amendments are incorporated in
the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Commencement of terms of office: RCW 29A.04.330, 29A.20.030.
Nonpartisan primaries and elections: Chapter 29A.52 RCW.
School district elections
(2004 Ed.)
'
'
'
Position No. 2
Vote for One
....................................
....................................
....................................
'
'
'
To Fill Unexpired Term
Position No. 3
2 (or 4) year term
Vote for One
Reviser's note: This section was amended by 1990 c 33 § 325 and by
1990 c 161 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
28A.343.320
28A.343.350
....................................
....................................
....................................
'
'
'
The names of candidates shall appear upon the ballot in
order of filing for each position. There shall be no rotation of
names in the printing of such ballots. [1969 ex.s. c 223 §
28A.57.316. Prior: 1963 c 223 § 2. Formerly RCW
28A.315.480, 28A.57.316, 28.58.083.]
*Reviser's note: RCW 29.21.010 was recodified as RCW 29A.52.210
pursuant to 2003 c 111 § 2401, effective July 1, 2004.
28A.343.340 When elected—Eligibility. Directors of
school districts shall be elected at regular school elections.
No person shall be eligible to the office of school director
who is not a citizen of the United States and the state of
Washington and a registered voter of either the school district
or director district, as the case may be. [1969 ex.s. c 223 §
28A.57.318. Prior: 1909 c 97 p 285 § 1; RRS § 4775; prior:
1903 c 104 § 16; 1901 c 41 § 2; 1899 c 142 § 7; 1897 c 118 §
39; 1893 c 107 § 2; 1890 p 364 § 25. Formerly RCW
28A.315.490, 28A.57.318, 28.58.090.]
28A.343.340
28A.343.350
28A.343.350 Residency. Notwithstanding RCW
42.12.010(4), a school director elected from a director district
may continue to serve as a director from the district even
[Title 28A RCW—page 145]
28A.343.360
Title 28A RCW: Common School Provisions
though the director no longer resides in the director district,
but continues to reside in the school district, under the following conditions:
(1) If, as a result of redrawing the director district boundaries, the director no longer resides in the director district, the
director shall retain his or her position for the remainder of
his or her term of office; and
(2) If, as a result of the director changing his or her place
of residence the director no longer resides in the director district, the director shall retain his or her position until a successor is elected and assumes office as follows: (a) If the change
in residency occurs after the opening of the regular filing
period provided under *RCW 29.15.020, in the year two
years after the director was elected to office, the director shall
remain in office for the remainder of his or her term of office;
or (b) if the change in residency occurs prior to the opening of
the regular filing period provided under *RCW 29.15.020, in
the year two years after the director was elected to office, the
director shall remain in office until a successor assumes
office who has been elected to serve the remainder of the
unexpired term of office at the school district general election
held in that year. [1999 c 194 § 1.]
Reviser's note: *(1) RCW 29.15.020 was recodified as RCW
29A.24.050 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
(2) 1999 c 194 § 1 directed that this section be added to chapter
28A.315 RCW. Chapter 28A.315 RCW was reorganized and partially recodified by 1999 c 315, therefore codification in chapter 28A.343 RCW is more
appropriate.
28A.343.360
28A.343.360 Oath of office. Every person elected or
appointed to the office of school director, before entering
upon the discharge of the duties thereof, shall take an oath or
affirmation to support the Constitution of the United States
and the state of Washington and to faithfully discharge the
duties of the office according to the best of his or her ability.
In case any official has a written appointment or commission,
the official's oath or affirmation shall be endorsed thereon
and sworn to before any officer authorized to administer
oaths. School officials are hereby authorized to administer all
oaths or affirmations pertaining to their respective offices
without charge or fee. All oaths of office, when properly
made, shall be filed with the county auditor. Every person
elected to the office of school director shall begin his or her
term of office at the first official meeting of the board of
directors following certification of the election results. [1990
c 33 § 314; 1988 c 187 § 1; 1986 c 167 § 16; 1969 ex.s. c 223
§ 28A.57.322. Prior: 1909 c 97 p 288 § 11; RRS § 4786;
prior: 1897 c 118 § 61; 1890 p 380 § 70. Formerly RCW
28A.315.500, 28A.57.322, 28.58.095, 28.63.015, 28.63.017,
42.04.030.]
Severability—1986 c 167: See note following RCW 29A.04.049.
in which the school district is located by the vote of a majority of its legally established number of board members shall
appoint a sufficient number of board members to constitute a
legal majority on the board of directors of such school district; and the remaining vacancies on such board of directors
shall be filled by such board of directors in accordance with
the provisions of this section: PROVIDED FURTHER, That
should any board of directors for whatever reason fail to fill a
vacancy within ninety days from the creation of such
vacancy, the members of the educational service district
board of the district in which the school district is located by
majority vote shall fill such vacancy.
(2) Appointees to fill vacancies on boards of directors of
school districts shall meet the requirements provided by law
for school directors and shall serve until the next regular
school district election, at which time a successor shall be
elected for the unexpired term.
(3) If a vacancy will be created by a board member who
has submitted a resignation, that board member may not vote
on the selection of his or her replacement. [1991 c 60 § 1;
1975 1st ex.s. c 275 § 100; 1971 c 53 § 2; 1969 ex.s. c 176 §
156; 1969 ex.s. c 223 § 28A.57.326. Prior: (i) 1909 c 97 p
292 § 12; RRS 4801; prior: 1907 c 31 § 3; 1897 c 118 § 89;
1890 p 390 § 16. Formerly RCW 28.62.120. (ii) 1909 c 97 p
298 § 3; RRS § 4813. Formerly RCW 28.63.020. (iii) 1909 c
97 p 301 § 3; RRS § 4825. Formerly RCW 28.63.022. (iv)
1959 c 216 § 7, part; 1955 c 157 § 14, part; prior: 1909 p 281
§ 4, part; 1903 c 104 § 14, part; 1899 c 142 § 6, part; 1897 c
118 § 33, part; 1891 c 127 § 3, part; 1890 p 355 § 11, part;
RRS § 4770, part. Formerly RCW 28A.315.530, 28A.57.326,
28.19.060, part.]
Severability—1971 c 53: See note following RCW 28A.323.060.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.343.380
28A.343.380 Meetings. Regular meetings of the board
of directors of any school district shall be held monthly or
more often at such a time as the board of directors by resolution shall determine or the bylaws of the board may prescribe.
Special or deferred meetings may be held from time to time
as circumstances may demand, at the call of the president, if
a first class district, or the chair of the board, if a second class
district, or on petition of a majority of the members of the
board. All meetings shall be open to the public unless the
board shall otherwise order an executive session as provided
in RCW 42.30.110. [1990 c 33 § 315; 1983 c 3 § 35; 1975 c
43 § 6; 1969 ex.s. c 223 § 28A.57.324. Prior: (i) 1909 c 97 p
291 § 9; RRS § 4798; prior: 1897 c 118 § 86; 1890 p 389 §
13. Formerly RCW 28.62.090. (ii) 1965 ex.s. c 87 § 1; 1909
c 97 p 299 § 6; RRS § 4816. Formerly RCW 28.63.030. (iii)
1965 ex.s. c 87 § 2; 1909 c 97 p 302 § 6; RRS § 4828. Formerly RCW 28A.315.510, 28A.57.324, 28.63.032.]
28A.343.370
28A.343.370 Vacancies. (1) In case of a vacancy from
any cause on the board of directors of a school district other
than a reconstituted board resulting from reorganized school
districts, a majority of the legally established number of
board members shall fill such vacancy by appointment:
PROVIDED, That should there exist fewer board members
on the board of directors of a school district than constitutes a
majority of the legally established number of board members,
the educational service district board members of the district
[Title 28A RCW—page 146]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.390
28A.343.390 Quorum—Failure to attend meetings.
A majority of all members of the board of directors shall constitute a quorum. Absence of any board member from four
consecutive regular meetings of the board, unless on account
of sickness or authorized by resolution of the board, shall be
sufficient cause for the remaining members of the board to
(2004 Ed.)
School Director Districts
declare by resolution that such board member position is
vacated. In addition, vacancies shall occur as provided in
RCW 42.12.010. [1994 c 223 § 5; 1971 c 53 § 4. Formerly
RCW 28A.315.520, 28A.57.325.]
Severability—1971 c 53: See note following RCW 28A.323.060.
28A.343.620
Reviser's note: *(1) RCW 28A.315.450 was recodified as RCW
28A.343.300 pursuant to 1999 c 315 § 804.
**(2) RCW 29.13.060 was repealed by 2003 c 111 § 2404, effective
July 1, 2004.
***(3) RCW 28A.315.680 was recodified as RCW 28A.343.670 pursuant to 1999 c 315 § 805.
28A.343.610
28A.343.400
28A.343.400 Compensation—Waiver. Each member
of the board of directors of a school district may receive compensation of fifty dollars per day or portion thereof for attending board meetings and for performing other services on
behalf of the school district, not to exceed four thousand eight
hundred dollars per year, if the district board of directors has
authorized by board resolution, at a regularly scheduled
meeting, the provision of such compensation. A board of
directors of a school district may authorize such compensation only from locally collected excess levy funds available
for that purpose, and compensation for board members shall
not cause the state to incur any present or future funding obligation.
Any director may waive all or any portion of his or her
compensation under this section as to any month or months
during his or her term of office, by a written waiver filed with
the district as provided in this section. The waiver, to be
effective, must be filed any time after the director's election
and before the date on which the compensation would otherwise be paid. The waiver shall specify the month or period of
months for which it is made.
The compensation provided in this section shall be in
addition to any reimbursement for expenses paid to such
directors by the school district. [1987 c 307 § 2. Formerly
RCW 28A.315.540, 28A.57.327.]
Intent—1987 c 307: "The legislature declares it is the policy of the
state to:
(1) Ensure, for the sake of educational excellence, that the electorate
has the broadest possible field in which to choose qualified candidates for its
school boards;
(2) Ensure that the opportunity to serve on school boards be open to all,
regardless of financial circumstances; and
(3) Ensure that the time-consuming and demanding service as directors
not be limited to those able or willing to make substantial personal and financial sacrifices." [1987 c 307 § 1.]
Effective date—1987 c 307: "This act shall take effect on September 1,
1987." [1987 c 307 § 3.]
PROVISIONS RELATING TO CERTAIN DISTRICTS
28A.343.600
28A.343.600 Certain first class districts—Staggered
terms. Any first class school district having a board of directors of five members as provided in *RCW 28A.315.450 and
which elects directors for a term of six years under the provisions of **RCW 29.13.060 shall cause the office of at least
one director and no more than two directors to be up for election at each regular school district election held hereafter and,
except as provided in ***RCW 28A.315.680, any first class
school district having a board of directors of seven members
as provided in *RCW 28A.315.450 shall cause the office of
two directors and no more than three directors to be up for
election at each regular school district election held hereafter.
[1990 c 33 § 318; 1969 c 131 § 11; 1969 ex.s. c 223 §
28A.57.336. Prior: 1959 c 268 § 13. Formerly RCW
28A.315.570, 28A.57.336, 28.57.430.]
(2004 Ed.)
28A.343.610 First class districts having city with
population of 400,000 people or more—Directors' terms.
After July 1, 1979, the election of directors of any first class
school district having within its boundaries a city with a population of four hundred thousand people or more, shall be to
four year terms. The initial four year terms required by this
section shall commence upon the expiration of terms in existence at July 1, 1979. Nothing in chapter 183, Laws of 1979
ex. sess. shall affect the term of office of any incumbent
director of any such first class school district. [1991 c 363 §
21; 1979 ex.s. c 183 § 10. Formerly RCW 28A.315.460,
28A.57.313.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Directors—Number and terms of in new first class district having city with
population of 400,000 people or more: RCW 28A.343.650.
28A.343.620
28A.343.620 First class districts containing no
former first class district—Number and terms of directors. Upon the establishment of a new school district of the
first class as provided for in *RCW 28A.315.580 containing
no former first class district, the directors of the old school
districts who reside within the limits of the new district shall
meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. If fewer than five such directors reside in such new district, they shall become directors of said district and the educational service district board shall appoint the number of
additional directors to constitute a board of five directors for
the district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining
board members is less than five, and such vacancies shall be
filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law
upon boards of directors of first class school districts until the
next regular school election in the district at which election
their successors shall be elected and qualified. At such election no more than five directors shall be elected either at large
or by director districts, as the case may be, two for a term of
two years and three for a term of four years: PROVIDED,
That if such first class district is in a county with a population
of two hundred ten thousand or more and contains a city of
the first class, two directors shall be elected for a term of
three years and three directors shall be elected for a term of
six years. [1991 c 363 § 24; 1990 c 33 § 320; 1980 c 35 § 3;
1979 ex.s. c 126 § 6; 1975 1st ex.s. c 275 § 102; 1971 c 67 §
3. Formerly RCW 28A.315.600, 28A.57.355.]
*Reviser's note: RCW 28A.315.580 was recodified as RCW
28A.343.020 pursuant to 1999 c 315 § 806.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 28A RCW—page 147]
28A.343.630
Title 28A RCW: Common School Provisions
Severability—1980 c 35: See note following RCW 28A.343.300.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
28A.343.630
28A.343.630 First class districts containing only one
former first class district—Number and terms of directors. Upon the establishment of a new school district of the
first class as provided for in *RCW 28A.315.580 containing
only one former first class district, the directors of the former
first class district and two directors representative of former
second class districts selected by a majority of the board
members of former second class districts shall meet at the call
of the educational service district superintendent and shall
constitute the board of directors of the new district. Vacancies, once such a board has been reconstituted, shall not be
filled unless the number of remaining board members is less
than five, and such vacancies shall be filled in the manner
otherwise provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law
upon boards of directors of first class school districts until the
next regular school election in the district at which election
their successors shall be elected and qualified. At such election no more than five directors shall be elected either at large
or by director districts, as the case may be, two for a term of
two years and three for a term of four years: PROVIDED,
That if such first class district is in a county with a population
of two hundred ten thousand or more and contains a city of
the first class, two directors shall be elected for a term of
three years and three directors shall be elected for a term of
six years. [1991 c 363 § 25; 1990 c 33 § 321; 1980 c 35 § 4;
1979 ex.s. c 126 § 7; 1975-'76 2nd ex.s. c 15 § 6. Prior: 1975
1st ex.s. c 275 § 103; 1975 c 43 § 10; 1971 c 67 § 4. Formerly
RCW 28A.315.610, 28A.57.356.]
*Reviser's note: RCW 28A.315.580 was recodified as RCW
28A.343.020 pursuant to 1999 c 315 § 806.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1980 c 35: See note following RCW 28A.343.300.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.640
28A.343.640 First class districts containing more
than one former first class district—Number and terms of
directors. Upon the establishment of a new school district of
the first class as provided for in *RCW 28A.315.580 containing more than one former first class district, the directors of
the largest former first class district and three directors representative of the other former first class districts selected by a
majority of the board members of the former first class districts and two directors representative of former second class
districts selected by a majority of the board members of
former second class districts shall meet at the call of the educational service district superintendent and shall constitute
the board of directors of the new district. Vacancies once
such a board has been reconstituted shall not be filled unless
the number of remaining board members is less than seven,
and such vacancies shall be filled in the manner otherwise
provided by law.
[Title 28A RCW—page 148]
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and thereafter shall have all of the powers and authority conferred by
law upon boards of first class districts until the next regular
school election and until their successors are elected and
qualified. At such election other than districts electing directors for six-year terms as provided in **RCW 29.13.060, as
now or hereafter amended, five directors shall be elected
either at large or by director districts, as the case may be, two
for a term of two years and three for a term of four years. At
such election for districts electing directors for six years other
than a district having within its boundaries a city with a population of four hundred thousand people or more and electing
directors for six year terms, five directors shall be elected
either at large or by director districts, as the case may be, one
for a term of two years, two for a term of four years, and two
for a term of six years. [1991 c 363 § 26; 1990 c 33 § 322;
1980 c 35 § 5; 1980 c 47 § 2. Prior: 1979 ex.s. c 183 § 4; 1979
ex.s. c 126 § 8; 1975-'76 2nd ex.s. c 15 § 7; prior: 1975 1st
ex.s. c 275 § 104; 1975 c 43 § 11; 1973 2nd ex.s. c 21 § 10;
1973 c 19 § 1; 1971 c 67 § 5. Formerly RCW 28A.315.620,
28A.57.357.]
Reviser's note: *(1) RCW 28A.315.580 was recodified as RCW
28A.343.020 pursuant to 1999 c 315 § 806.
**(2) RCW 29.13.060 was repealed by 2003 c 111 § 2404, effective
July 1, 2004.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1980 c 35: See note following RCW 28A.343.300.
Severability—1980 c 47: See note following RCW 28A.343.300.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.650
28A.343.650 New first class district having city with
population of 400,000 people or more—Number and
terms of directors. Upon the establishment of a new school
district of the first class having within its boundaries a city
with a population of four hundred thousand people or more,
the directors of the largest former first class district and three
directors representative of the other former first class districts
selected by a majority of the board members of the former
first class districts and two directors representative of former
second class districts selected by a majority of the board
members of former second class districts shall meet at the call
of the educational service district superintendent and shall
constitute the board of directors of the new district. Each
board of directors so constituted shall proceed at once to
organize in the manner prescribed by law and thereafter shall
have all the powers and duties conferred by law upon boards
of first class districts, until the next regular school election
and until their successors are elected and qualified. Such
duties shall include establishment of new director districts as
provided for in *RCW 28A.315.670. At the next regular
school election seven directors shall be elected by director
districts, two for a term of two years, two for a term of four
years and three for a term of six years. Thereafter their terms
shall be as provided in *RCW 28A.315.460.
(2004 Ed.)
School Director Districts
Vacancies once such a board has been reconstituted shall
not be filled unless the number of remaining board members
is less than seven, and such vacancies shall be filled in the
manner otherwise provided by law. [1991 c 363 § 27; 1990 c
33 § 323; 1980 c 35 § 6; 1980 c 47 § 3. Prior: 1979 ex.s. c 183
§ 5; 1979 ex.s. c 126 § 9; 1975-'76 2nd ex.s. c 15 § 8; prior:
1975 1st ex.s. c 275 § 105; 1975 c 43 § 12; 1973 2nd ex.s. c
21 § 4; 1971 c 67 § 6. Formerly RCW 28A.315.630,
28A.57.358.]
28A.343.670
Reviser's note: *(1) RCW 29.70.100 was recodified as RCW
29A.76.010 pursuant to 2003 c 111 § 2401, effective July 1, 2004.
**(2) Title 29 RCW was repealed and/or recodified in its entirety pursuant to 2003 c 111, effective July 1, 2004. See Title 29A RCW.
***(3) RCW 28A.315.680 and 28A.315.460 were recodified as RCW
28A.343.670 and 28A.343.610, respectively, pursuant to 1999 c 315 § 805.
(4) This section was amended by 1991 c 288 §§ 5 and 6 and by 1991 c
363 § 28, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule
of construction, see RCW 1.12.025(1).
*Reviser's note: RCW 28A.315.670 and 28A.315.460 were recodified
as RCW 28A.343.660 and 28A.343.610, respectively, pursuant to 1999 c
315 § 805.
Effective dates—1991 c 363 §§ 28, 29, 33, 47, and 131: "(1) Sections
28, 29, 33, and 131 of this act shall take effect July 1, 1992.
(2) Section 47 of this act shall take effect July 1, 1993." [1991 c 363 §
165.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1980 c 35: See note following RCW 28A.343.300.
Effective date—1991 c 288 §§ 6 and 8: "Sections 6 and 8 of this act
shall take effect July 1, 1992." [1991 c 288 § 12.]
Severability—1980 c 47: See note following RCW 28A.343.300.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Directors—First class districts having city with population of 400,000 people or more—Terms: RCW 28A.343.610.
28A.343.660
28A.343.660 First class districts having city with
population of 400,000 people or more—Boundaries of
director districts—Candidate eligibility—Declaration of
candidacy—Primary limited to district voters—Terms of
directors. Notwithstanding any other provision of law, any
school district of the first class having within its boundaries a
city with a population of four hundred thousand people or
more shall be divided into seven director districts. The
boundaries of such director districts shall be established by
the members of the school board, such boundaries to be
established so that each such district shall comply, as nearly
as practicable, with the criteria established in *RCW
29.70.100. Boundaries of such director districts shall be
adjusted by the school board following the procedure established in *RCW 29.70.100 after each federal decennial census if population change shows the need thereof to comply
with the criteria of *RCW 29.70.100. No person shall be eligible for the position of school director in any such director
district unless such person resides in the particular director
district. Residents in the particular director district desiring to
be a candidate for school director shall file their declarations
of candidacy for such director district and for the position of
director in that district and shall be voted upon, in any primary required to be held for the position under **Title 29
RCW, by the registered voters of that particular director district. In the general election, each position shall be voted
upon by all the registered voters in the school district. The
order of the names of candidates shall appear on the primary
and general election ballots as required for nonpartisan positions under **Title 29 RCW. Except as provided in ***RCW
28A.315.680, every such director so elected in school districts divided into seven director districts shall serve for a
term of four years as otherwise provided in ***RCW
28A.315.460. [1991 c 363 § 28; 1991 c 288 §§ 5, 6. Prior:
1990 c 59 § 99; 1990 c 33 § 327; 1979 ex.s. c 183 § 6; 1973
2nd ex.s. c 21 § 5; 1969 c 131 § 9. Formerly RCW
28A.315.670, 28A.57.425.]
(2004 Ed.)
Expiration date—1991 c 288 §§ 5 and 7: "Sections 5 and 7 of this act
shall expire July 1, 1992." [1991 c 288 § 11.]
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
28A.343.670
28A.343.670 First class districts having city with
population of 400,000 people or more—Initial director
district boundaries—Appointments to fill vacancies for
new director districts—Director district numbers. The
school boards of any school district of the first class having
within its boundaries a city with a population of four hundred
thousand people or more shall establish the director district
boundaries. Appointment of a board member to fill any
vacancy existing for a new director district prior to the next
regular school election shall be by the school board. Prior to
the next regular election in the school district and the filing of
declarations of candidacy therefor, the incumbent school
board shall designate said director districts by number. Directors appointed to fill vacancies as above provided shall be
subject to election, one for a six-year term, and one for a twoyear term and thereafter the term of their respective successors shall be for four years. The term of office of incumbent
members of the board of such district shall not be affected by
* R C W 2 8 A.3 1 5 . 4 5 0 , 2 8 A . 3 1 5 . 4 6 0 , 2 8 A.3 1 5 . 5 7 0 ,
28A.315.670, and 28A.315.680. [1995 c 335 § 106. Prior:
1991 c 363 § 29; 1991 c 288 §§ 7, 8; prior: 1990 c 59 § 72;
1990 c 33 § 328; 1983 c 3 § 36; 1979 ex.s. c 183 § 7; 1973
2nd ex.s. c 21 § 6; 1969 c 131 § 10. Formerly RCW
28A.315.680, 28A.57.435.]
*Reviser's note: RCW 28A.315.450, 28A.315.460, 28A.315.570,
28A.315.670, and 28A.315.680 were recodified as RCW 28A.343.300,
28A.343.610, 28A.343.600, 28A.343.660, and 28A.343.670, respectively,
pursuant to 1999 c 315 §§ 804 and 805.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Effective dates—1991 c 363 §§ 28, 29, 33, 47, and 131: See note following RCW 28A.343.660.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1991 c 288 §§ 6 and 8: See note following RCW
28A.343.660.
Intent—Effective date—1990 c 59: See notes following RCW
29A.04.013.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
[Title 28A RCW—page 149]
28A.343.680
Title 28A RCW: Common School Provisions
28A.343.680 New second class districts—Number
and terms of directors. Upon the establishment of a new
school district of the second class, the directors of the old
school districts who reside within the limits of the new district shall meet at the call of the educational service district
superintendent and shall constitute the board of directors of
the new district. If fewer than five such directors reside in any
such new second class school district, they shall become
directors of said district, and the educational service district
board shall appoint the number of additional directors
required to constitute a board of five directors for the new
second class district. Vacancies once such a board has been
reconstituted shall not be filled unless the number of remaining board members is less than five in a second class district,
and such vacancies shall be filled in the manner otherwise
provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law
upon boards of directors of other districts of the same class.
Each initial director shall hold office until his or her successor is elected and qualified: PROVIDED, That the election
of the successor shall be held during the second district general election after the initial directors have assumed office. At
such election, no more than five directors shall be elected
either at large or by director districts, as the case may be, two
for a term of two years and three for a term of four years.
Directors thereafter elected and qualified shall serve such
terms as provided for in *RCW 28A.315.450. [1990 c 33 §
316; 1980 c 35 § 2; 1979 ex.s. c 126 § 5; 1975-'76 2nd ex.s. c
15 § 5. Prior: 1975 1st ex.s. c 275 § 101; 1975 c 43 § 7; 1971
c 67 § 1; 1969 ex.s. c 176 § 137; 1969 ex.s. c 223 §
28A.57.328; prior: 1959 c 268 § 7, part; 1947 c 266 § 24,
part; Rem. Supp. 1947 § 4693-43, part. Formerly RCW
28A.315.550, 28A.57.328, 28.57.350, part.]
28A.343.680
*Reviser's note: RCW 28A.315.450 was recodified as RCW
28A.343.300 pursuant to 1999 c 315 § 804.
Severability—1980 c 35: See note following RCW 28A.343.300.
Purpose—1979 ex.s. c 126: See RCW 29A.20.040(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Chapter 28A.345
Chapter 28A.345 RCW
WASHINGTON STATE SCHOOL
DIRECTORS' ASSOCIATION
Sections
28A.345.010
28A.345.020
28A.345.030
28A.345.040
28A.345.050
28A.345.060
Association created.
Membership.
Powers of association.
Coordination of policies—Report.
Association dues—Payment.
Audit of staff classifications and employees' salaries—Contract with department of personnel—Copies.
28A.345.902 Effective date—1983 c 187.
Motor vehicle transportation services—Washington state school directors'
association defined as state agency for purposes of: RCW 43.19.560.
28A.345.010
28A.345.010 Association created. The public necessity for the coordination of programs and procedures pertaining to policymaking and to control and management among
[Title 28A RCW—page 150]
the school districts of the state is hereby recognized, and in
the furtherance of such coordination there is hereby created
for said purpose an agency of the state to be known as the
Washington state school directors' association, hereinafter
designated as the school directors' association. [1969 ex.s. c
223 § 28A.61.010. Prior: 1947 c 169 § 1; Rem. Supp. 1947 §
4709-20. Formerly RCW 28A.61.010, 28.58.320.]
28A.345.020
28A.345.020 Membership. The membership of the
school directors' association shall comprise the members of
the boards of directors of the school districts of the state.
[1969 ex.s. c 223 § 28A.61.020. Prior: 1947 c 169 § 2; Rem.
Supp. 1947 § 4709-21. Formerly RCW 28A.61.020,
28.58.330.]
28A.345.030
28A.345.030 Powers of association. The school directors' association shall have the power:
(1) To prepare and adopt, amend and repeal a constitution and rules and regulations, and bylaws for its own organization including county or regional units and for its government and guidance: PROVIDED, That action taken with
respect thereto is consistent with the provisions of this chapter or with other provisions of law;
(2) To arrange for and call such meetings of the association or of the officers and committees thereof as are deemed
essential to the performance of its duties;
(3) To provide for the compensation of members of the
board of directors in accordance with RCW 43.03.240, and
for payment of travel and subsistence expenses incurred by
members and/or officers of the association and association
staff while engaged in the performance of duties under direction of the association in the manner provided by RCW
28A.320.050;
(4) To employ an executive director and other staff and
pay such employees out of the funds of the association;
(5) To conduct studies and disseminate information
therefrom relative to increased efficiency in local school
board administration;
(6) To buy, lease, sell, or exchange such personal and
real property as necessary for the efficient operation of the
association and to borrow money, issue deeds of trust or other
evidence of indebtedness, or enter into contracts for the purchase, lease, remodeling, or equipping of office facilities or
the acquisition of sites for such facilities;
(7) To purchase liability insurance for school directors,
which insurance may indemnify said directors against any or
all liabilities for personal or bodily injuries and property
damage arising from their acts or omissions while performing
or while in good faith purporting to perform their official
duties as school directors;
(8) To provide advice and assistance to local boards to
promote their primary duty of representing the public interest;
(9) Upon request by a local school district board(s) of
directors, to make available on a cost reimbursable contract
basis (a) specialized services, (b) research information, and
(c) consultants to advise and assist district board(s) in particular problem areas: PROVIDED, That such services, information, and consultants are not already available from other
state agencies, educational service districts, or from the infor(2004 Ed.)
School District Warrants—Auditor’s Duties
mati on and research services author ized by R CW
28A.320.110. [1991 c 66 § 1; 1990 c 33 § 372; 1989 c 325 §
1; 1983 c 187 § 1; 1979 c 151 § 13; 1974 ex.s. c 101 § 1; 1969
ex.s. c 184 § 4; 1969 ex.s. c 223 § 28A.61.030. Prior: 1947 c
169 § 3; Rem. Supp. 1947 § 4709-22. Formerly RCW
28A.61.030, 28.58.340.]
Effective date—1989 c 325: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30,
1989." [1989 c 325 § 3.]
28A.345.040
28A.345.040 Coordination of policies—Report. It
shall be the duty of the school directors' association (1) to
take such action as the association deems advisable to effect
a coordination of policymaking, control, and management of
the school districts of the state; and (2) to prepare and submit
to the superintendent of public instruction annually, and
oftener if deemed advisable by the association, reports and
recommendations respecting the aforesaid matters and any
other matters which in the judgment of the association pertain
to an increase in the efficiency of the common school system.
[1969 ex.s. c 223 § 28A.61.040. Prior: 1947 c 169 § 4; Rem.
Supp. 1947 § 4709-23. Formerly RCW 28A.61.040,
28.58.350.]
28A.350.040
Chapter 28A.350 RCW
Chapter 28A.350
SCHOOL DISTRICT WARRANTS—
AUDITOR'S DUTIES
Sections
28A.350.010
28A.350.020
28A.350.030
28A.350.040
28A.350.050
Registering warrants—All districts.
Registering warrants—Second class districts.
Auditing accounts—All districts.
Auditor to draw and issue warrants—Second class districts.
Teacher must qualify before warrant drawn and issued or registered—All districts.
28A.350.060 Liability of auditor for warrants exceeding budget—All districts.
28A.350.070 Orders for warrants not transferable—Second class districts.
28A.350.010
28A.350.010 Registering warrants—All districts.
The county auditor shall register in the auditor's own office,
and present to the treasurer for registration in the office of the
county treasurer, all warrants of first class districts, and all
warrants of second class districts electing to draw and issue
their own warrants under RCW 28A.330.230 received from
school district superintendents or district secretaries before
delivery of the same to claimants. [1990 c 33 § 373; 1975 c
43 § 27; 1973 c 111 § 2; 1969 ex.s. c 223 § 28A.66.010. Prior:
1911 c 78 § 1, part; RRS § 4864. Formerly RCW 28A.66.010,
28.66.010.]
28A.345.050
28A.345.050 Association dues—Payment. The school
directors' association may establish a graduated schedule of
dues for members of the association based upon the number
of certificated personnel in each district. Dues shall be established for the directors of each district as a group. The total of
all dues assessed shall not exceed twenty-seven cents for each
one thousand dollars of the statewide total of all school districts' general fund receipts. The board of directors of a
school district shall make provision for payment out of the
general fund of the district of the dues of association members resident in the district, which payment shall be made in
the manner provided by law for the payment of other claims
against the general fund of the district. The dues for each
school district shall be due and payable on the first day of
January of each year. [1983 c 187 § 2; 1969 c 125 § 2; 1969
ex.s. c 223 § 28A.61.050. Prior: 1967 ex.s. c 8 § 76; 1965 c
103 § 1; 1957 c 281 § 1; 1953 c 226 § 1; 1947 c 169 § 5; Rem.
Supp. 1947 § 4709-24. Formerly RCW 28A.61.050,
28.58.360.]
28A.345.060
28A.345.060 Audit of staff classifications and
employees' salaries—Contract with department of personnel—Copies. The association shall contract with the
department of personnel for the department of personnel to
audit in odd-numbered years the association's staff classifications and employees' salaries. The association shall give copies of the audit reports to the office of financial management
and the committees of each house of the legislature dealing
with common schools. [1986 c 158 § 3; 1983 c 187 § 4. Formerly RCW 28A.61.070.]
28A.345.902
28A.345.902 Effective date—1983 c 187. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and its
existing public institutions, and shall take effect June 30,
1983. [1983 c 187 § 8. Formerly RCW 28A.61.910.]
(2004 Ed.)
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 c 111: See note following RCW 28A.330.230.
28A.350.020
28A.350.020 Registering warrants—Second class
districts. The county auditor shall cause all school warrants
of second class districts issued by the auditor to be registered
in the treasurer's office and shall retain the vouchers on file in
the auditor's office. [1990 c 33 § 374; 1975 c 43 § 28; 1969
ex.s. c 223 § 28A.66.020. Prior: 1911 c 78 § 1, part; RRS §
4863. Formerly RCW 28A.66.020, 28.66.020.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.350.030
28A.350.030 Auditing accounts—All districts. The
county auditors of the several counties of this state shall audit
all accounts of the several school districts of their respective
counties, the same as other accounts are audited with the
other departments of the county. [1969 ex.s. c 223 §
28A.66.030. Prior: 1909 c 97 p 308 § 2; RRS § 4858. Formerly RCW 28A.66.030, 28.66.030.]
28A.350.040
28A.350.040 Auditor to draw and issue warrants—
Second class districts. The county auditor shall draw and
issue warrants for the payment of all salaries, expenses and
accounts against second class districts, except those who
draw and issue their own warrants pursuant to RCW
28A.330.230 upon the written order of the majority of the
members of the school board of each district. [1990 c 33 §
375; 1975 c 43 § 29; 1973 c 111 § 3; 1969 ex.s. c 223 §
28A.66.040. Prior: 1909 c 97 p 308 § 3; RRS § 4859. Formerly RCW 28A.66.040, 28.66.040.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 c 111: See note following RCW 28A.330.230.
[Title 28A RCW—page 151]
28A.350.050
Title 28A RCW: Common School Provisions
28A.350.050
28A.350.050 Teacher must qualify before warrant
drawn and issued or registered—All districts. No warrant
shall be drawn and issued or registered by the county auditor
for the payment of any teacher who is not qualified within the
meaning of the law of this state. [1973 c 72 § 1; 1971 c 48 §
45; 1969 ex.s. c 223 § 28A.66.050. Prior: 1909 c 97 p 308 §
4; RRS § 4860. Formerly RCW 28A.66.050, 28.66.050.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.350.060
28A.350.060 Liability of auditor for warrants
exceeding budget—All districts. Any county auditor issuing or causing to be issued a district warrant for any sum in
excess of total disbursements of a district's annual budget
shall be personally liable therefor, and shall reimburse the
district in double the amount of any such sum. [1975-'76 2nd
ex.s. c 118 § 31; 1969 ex.s. c 223 § 28A.66.070. Prior: 1959
c 216 § 22; prior: 1933 c 28 § 2, part; 1909 c 97 p 288 § 9,
part; 1897 c 118 § 46, part; 1893 c 107 § 3, part; RRS § 4784,
part. Formerly RCW 28A.66.070, 28.66.070.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.400.260 Pension benefits or annuity benefits for certain classifications
of employees—Procedure.
28A.400.270 Employee benefit—Definitions.
28A.400.275 Employee benefits—Contracts.
28A.400.280 Employee benefits—Employer contributions.
28A.400.285 Contracts for services performed by classified employees.
HIRING AND DISCHARGE
28A.400.300 Hiring and discharging of employees—Seniority and leave
benefits, transfers between school districts.
28A.400.301 Information on past sexual misconduct—Requirement for
applicants—Limitation on contracts and agreements—
Employee right to review personnel file.
28A.400.303 Record checks for employees.
28A.400.305 Record check information—Access—Rules.
28A.400.306 Fingerprints accepted by the state patrol—Fingerprints forwarded to the federal bureau of investigation—Conditions.
28A.400.310 Law against discrimination applicable to districts' employment practices.
28A.400.315 Employment contracts.
28A.400.317 Physical abuse or sexual misconduct by school employees—
Duty to report—Training.
28A.400.320 Crimes against children—Mandatory termination of classified employees—Appeal.
28A.400.330 Crimes against children—Contractor employees—Termination of contract.
28A.400.340 Notice of discharge to contain notice of right to appeal if
available.
INSURANCE
28A.350.070
28A.350.070 Orders for warrants not transferable—
Second class districts. An order for a warrant issued by any
board of directors of second class school districts shall not be
transferable, and the county auditor shall issue no warrant
except to individuals or firms designated in original district
orders. [1975 c 43 § 30; 1969 ex.s. c 223 § 28A.66.080.
Prior: 1959 c 216 § 23; prior: 1933 c 28 § 2, part; 1909 c 97
p 288 § 9, part; 1897 c 118 § 46, part; 1893 c 107 § 3, part;
RRS § 4784, part. Formerly RCW 28A.66.080, 28.66.080.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.400.350 Liability, life, health, health care, accident, disability, and
salary insurance authorized—When required—Premiums.
28A.400.360 Liability insurance for officials and employees authorized.
28A.400.370 Mandatory insurance protection for employees.
28A.400.380 Leave sharing program.
28A.400.391 Insurance for retired and disabled employees—Application—Rules.
28A.400.395 Insurance for retired employees and their dependents—
Method of payment of premium.
28A.400.400 District contributions to the public employees' and retirees'
insurance account.
28A.400.410 Payment to the public employees' and retirees' insurance
account.
Educational employment relations act: Chapter 41.59 RCW.
Chapter 28A.400
Chapter 28A.400 RCW
EMPLOYEES
Sections
Reporting of harassment, intimidation, or bullying: RCW 28A.600.480.
SUPERINTENDENTS
28A.400.010
SUPERINTENDENTS
28A.400.010 Employment of superintendent—Superintendent's qualifications, general powers, term, contract renewal.
28A.400.020 Directors' and superintendents' signatures filed with auditor.
28A.400.030 Superintendent's duties.
PRINCIPALS
28A.400.100 Principals and vice principals—Employment of—Qualifications—Duties.
28A.400.110 Principal to assure appropriate student discipline—Building
discipline standards—Classes to improve classroom management skills.
SALARY AND COMPENSATION
28A.400.200 Salaries and compensation for employees—Minimum
amounts—Limitations—Supplemental contracts.
28A.400.205 Cost-of-living increases for employees.
28A.400.206 Cost-of-living increases—Duty of state.
28A.400.210 Employee attendance incentive program—Remuneration or
benefit plan for unused sick leave.
28A.400.212 Employee attendance incentive program—Effect of early
retirement.
28A.400.220 Employee salary or compensation—Limitations respecting.
28A.400.230 Deposit of cumulative total of earnings of group of employees—Authorized—Conditions.
28A.400.240 Deferred compensation plan for school district or educational
service district employees—Limitations.
28A.400.250 Tax deferred annuities.
[Title 28A RCW—page 152]
28A.400.010 Employment of superintendent—
Superintendent's qualifications, general powers, term,
contract renewal. In all districts the board of directors shall
elect a superintendent who shall have such qualification as
the local school board alone shall determine. The superintendent shall have supervision over the several departments of
the schools thereof and carry out such other powers and
duties as prescribed by law. Notwithstanding the provisions
of RCW 28A.400.300(1), the board may contract with such
superintendent for a term not to exceed three years when
deemed in the best interest of the district. The right to renew
a contract of employment with any school superintendent
shall rest solely with the discretion of the school board
employing such school superintendent. Regarding such
renewal of contracts of school superintendents the provisions
of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall
be inapplicable. [1990 c 33 § 376; 1985 c 7 § 94; 1975-'76
2nd ex.s. c 114 § 10; 1975-'76 2nd ex.s. c 15 § 10. Prior:
1975 1st ex.s. c 254 § 2; 1975-'76 1st ex.s. c 137 § 1; 1969
ex.s. c 223 § 28A.58.137; prior: (i) 1909 c 97 p 300 § 11;
RRS § 4821. Formerly RCW 28.63.060. (ii) 1909 c 97 p 302
§ 8; RRS § 4830. Formerly RCW 28.63.062. (iii) 1909 c 97 p
302 § 9; RRS § 4831. Formerly RCW 28.63.064. (iv) 1909 c
(2004 Ed.)
Employees
28A.400.110
97 p 290 § 4, part; RRS § 4793, part. Formerly RCW
28A.58.137, 28.62.040, part.]
PRINCIPALS
28A.400.100
Savings—1975-'76 2nd ex.s. c 114: "Nothing in this 1976 amendatory
act shall be construed to annul or to modify or to preclude the continuation
of any lawful agreement entered into prior to the effective date of this 1976
amendatory act." [1975-'76 2nd ex.s. c 114 § 11.]
Severability—1975-'76 2nd ex.s. c 114: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 114 § 12.]
Reimbursement of expenses of directors, other school representatives, and
superintendent candidates—Advancing anticipated expenses: RCW
28A.320.050.
28A.400.020
28A.400.020 Directors' and superintendents' signatures filed with auditor. Every school district director and
school district superintendent, on assuming the duties of his
or her office, shall place his or her signature, certified to by
some school district official, on file in the office of the county
auditor. [1990 c 33 § 377; 1969 ex.s. c 223 § 28A.58.140.
Prior: 1909 c 97 p 289 § 12; RRS § 4787; prior: 1897 c 118
§ 61; 1890 p 380 § 70. Formerly RCW 28A.58.140,
28.58.140.]
28A.400.030
28A.400.030 Superintendent's duties. In addition to
such other duties as a district school board shall prescribe the
school district superintendent shall:
(1) Attend all meetings of the board of directors and
cause to have made a record as to the proceedings thereof.
(2) Keep such records and reports and in such form as the
district board of directors require or as otherwise required by
law or rule or regulation of higher administrative agencies
and turn the same over to his or her successor.
(3) Keep accurate and detailed accounts of all receipts
and expenditures of school money. At each annual school
meeting the superintendent must present his or her record
book of board proceedings for public inspection, and shall
make a statement of the financial condition of the district and
such record book must always be open for public inspection.
(4) Give such notice of all annual or special elections as
otherwise required by law; also give notice of the regular and
special meetings of the board of directors.
(5) Sign all orders for warrants ordered to be issued by
the board of directors.
(6) Carry out all orders of the board of directors made at
any regular or special meeting. [1991 c 116 § 14; 1990 c 33
§ 378; 1983 c 56 § 8; 1977 ex.s. c 80 § 30; 1975-'76 2nd ex.s.
c 118 § 30; 1975 1st ex.s. c 275 § 110; 1971 c 48 § 30; 1969
ex.s. c 223 § 28A.58.150. Prior: 1909 c 97 p 304 § 2; RRS §
4842; prior: 1907 c 163 § 3; 1899 c 142 § 10; 1897 c 118 §
49; 1893 c 107 § 5; 1891 c 127 § 12; 1890 p 367 § 34; Code
1881 §§ 3194, 3195, 3196, 3197; 1873 p 428 §§ 10, 11, 12,
13. Formerly RCW 28A.58.150, 28.58.150.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Severability—1971 c 48: See note following RCW 28A.305.040.
(2004 Ed.)
28A.400.100 Principals and vice principals—
Employment of—Qualifications—Duties. School districts
may employ public school principals and/or vice principals to
supervise the operation and management of the school to
which they are assigned. Such persons shall hold valid
administrative certificates and shall hold or have held either
valid teacher certificates or valid educational staff associate
certificates. Persons who hold or have held valid educational
staff associate certificates must also have demonstrated successful school-based experience in an instructional role with
students. Persons whose certificates were revoked, suspended, or surrendered may not be employed as public school
principals or vice principals. In addition to such other duties
as shall be prescribed by law and by the job description
adopted by the board of directors, each principal shall:
(1) Assume administrative authority, responsibility and
instructional leadership, under the supervision of the school
district superintendent, and in accordance with the policies of
the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible.
(2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion,
transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible.
(3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve
the instructional program of the attendance area for which he
or she is responsible.
(4) Assume administrative authority and responsibility
for the supervision, counseling and discipline of pupils in the
attendance area for which he or she is responsible. [2002 c 78
§ 1; 1977 ex.s. c 272 § 1. Formerly RCW 28A.58.160.]
Severability—1977 ex.s. c 272: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 272 § 2.]
28A.400.110
28A.400.110 Principal to assure appropriate student
discipline—Building discipline standards—Classes to
improve classroom management skills. Within each
school the school principal shall determine that appropriate
student discipline is established and enforced. In order to
assist the principal in carrying out the intent of this section,
the principal and the certificated employees in a school building shall confer at least annually in order to develop and/or
review building disciplinary standards and uniform enforcement of those standards. Such building standards shall be
consistent with the provisions of RCW 28A.600.020(3).
School principals and certificated employees shall also
confer annually, to establish criteria for determining when
certificated employees must complete classes to improve
classroom management skills. [1997 c 266 § 12; 1990 c 33 §
379; 1980 c 171 § 2; 1975-'76 2nd ex.s. c 97 § 3. Formerly
RCW 28A.58.201.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
[Title 28A RCW—page 153]
28A.400.200
Title 28A RCW: Common School Provisions
SALARY AND COMPENSATION
28A.400.200
28A.400.200 Salaries and compensation for employees—Minimum amounts—Limitations—Supplemental
contracts. (1) Every school district board of directors shall
fix, alter, allow, and order paid salaries and compensation for
all district employees in conformance with this section.
(2)(a) Salaries for certificated instructional staff shall not
be less than the salary provided in the appropriations act in
the statewide salary allocation schedule for an employee with
a baccalaureate degree and zero years of service; and
(b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the
appropriations act in the statewide salary allocation schedule
for an employee with a masters degree and zero years of service;
(3)(a) The actual average salary paid to certificated
instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant
to RCW 28A.150.410.
(b) Fringe benefit contributions for certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average
benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff
unit in the state operating appropriations act in effect at the
time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused
leave for illness or injury under RCW 28A.400.210;
employer contributions for old age survivors insurance,
workers' compensation, unemployment compensation, and
retirement benefits under the Washington state retirement
system; or employer contributions for health benefits in
excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable.
A school district may not use state funds to provide employer
contributions for such excess health benefits.
(c) Salary and benefits for certificated instructional staff
in programs other than basic education shall be consistent
with the salary and benefits paid to certificated instructional
staff in the basic education program.
(4) Salaries and benefits for certificated instructional
staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, additional
responsibilities, or incentives. Supplemental contracts shall
not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the
provisions of RCW 28A.405.240, shall not exceed one year,
and if not renewed shall not constitute adverse change in
accordance with RCW 28A.405.300 through 28A.405.380.
No district may enter into a supplemental contract under this
subsection for the provision of services which are a part of
the basic education program required by Article IX, section 3
of the state Constitution.
(5) Employee benefit plans offered by any district shall
comply with RCW 28A.400.350 and 28A.400.275 and
28A.400.280. [2002 c 353 § 2; 1997 c 141 § 2; 1993 c 492 §
[Title 28A RCW—page 154]
225. Prior: 1990 1st ex.s. c 11 § 2; 1990 c 33 § 381; 1987 1st
ex.s. c 2 § 205. Formerly RCW 28A.58.0951.]
Effective date—2002 c 353: See note following RCW 28A.150.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Intent—1990 1st ex.s. c 11: "The legislature recognizes the rising costs
of health insurance premiums for school employees, and the increasing need
to ensure effective use of state benefit dollars to obtain basic coverage for
employees and their dependents. In school districts that do not pool benefit
allocations among employees, increases in premium rates create particular
hardships for employees with families. For many of these employees, the
increases translate directly into larger payroll deductions simply to maintain
basic benefits.
The goal of this act is to provide access for school employees to basic
coverage, including coverage for dependents, while minimizing employees'
out-of-pocket premium costs. Unnecessary utilization of medical services
can contribute to rising health insurance costs. Therefore, the legislature
intends to encourage plans that promote appropriate utilization without creating major barriers to access to care. The legislature also intends that school
districts pool state benefit allocations so as to eliminate major differences in
out-of-pocket premium expenses for employees who do and do not need coverage for dependents." [1990 1st ex.s. c 11 § 1.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.400.205
28A.400.205 Cost-of-living increases for employees.
(1) School district employees shall be provided an annual salary cost-of-living increase in accordance with this section.
(a) The cost-of-living increase shall be calculated by
applying the rate of the yearly increase in the cost-of-living
index to any state-funded salary base used in state funding
formulas for teachers and other school district employees.
Beginning with the 2001-02 school year, and for each subsequent school year, except for the 2003-04 and 2004-05 school
years, each school district shall be provided a cost-of-living
allocation sufficient to grant this cost-of-living increase.
(b) A school district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with the district's salary schedules, collective bargaining agreements, and compensation policies. No later than the
end of the school year, each school district shall certify to the
superintendent of public instruction that it has spent funds
provided for cost-of-living increases on salaries and salaryrelated benefits.
(c) Any funded cost-of-living increase shall be included
in the salary base used to determine cost-of-living increases
for school employees in subsequent years. For teachers and
other certificated instructional staff, the rate of the annual
cost-of-living increase funded for certificated instructional
staff shall be applied to the base salary used with the statewide salary allocation schedule established under RCW
28A.150.410 and to any other salary models used to recognize school district personnel costs.
(2) For the purposes of this section, "cost-of-living
index" means, for any school year, the previous calendar
year's annual average consumer price index, using the official
current base, compiled by the bureau of labor statistics,
United States department of labor for the state of Washington. If the bureau of labor statistics develops more than one
consumer price index for areas within the state, the index
covering the greatest number of people, covering areas exclusively within the boundaries of the state, and including all
(2004 Ed.)
Employees
items shall be used for the cost-of-living index in this section.
[2003 1st sp.s. c 20 § 1; 2001 c 4 § 2 (Initiative Measure No.
732, approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2001 c 4 § 5 (Initiative Measure
No. 732, approved November 7, 2000).]
28A.400.206
28A.400.206 Cost-of-living increases—Duty of state.
The Washington Constitution establishes "the paramount
duty of the state to make ample provision for the education of
all children." Providing quality education for all children in
Washington requires well-qualified and experienced teachers
and other school employees. However, salaries for educators
have not kept up with the increased cost-of-living in the state.
The failure to keep up with inflation threatens Washington's
ability to compete with other states to attract first-rate teachers to Washington classrooms and to keep well-qualified educators from leaving for other professions. The state must provide a fair and reasonable cost-of-living increase, as provided
in chapter 20, Laws of 2003 1st sp. sess., to help ensure that
the state attracts and keeps the best teachers and school
employees for the children of Washington. [2003 1st sp.s. c
20 § 2; 2001 c 4 § 1 (Initiative Measure No. 732, approved
November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.
28A.400.210
28A.400.210 Employee attendance incentive program—Remuneration or benefit plan for unused sick
leave. Every school district board of directors may, in accordance with chapters 41.56 and 41.59 RCW, establish an
attendance incentive program for all certificated and classified employees in the following manner, including covering
persons who were employed during the 1982-'83 school year:
(1) In January of the year following any year in which a
minimum of sixty days of leave for illness or injury is
accrued, and each January thereafter, any eligible employee
may exercise an option to receive remuneration for unused
leave for illness or injury accumulated in the previous year at
a rate equal to one day's monetary compensation of the
employee for each four full days of accrued leave for illness
or injury in excess of sixty days. Leave for illness or injury
for which compensation has been received shall be deducted
from accrued leave for illness or injury at the rate of four days
for every one day's monetary compensation. No employee
may receive compensation under this section for any portion
of leave for illness or injury accumulated at a rate in excess of
one day per month.
(2) Except as provided in RCW 28A.400.212, at the time
of separation from school district employment an eligible
employee or the employee's estate shall receive remuneration
at a rate equal to one day's current monetary compensation of
the employee for each four full days accrued leave for illness
or injury. For purposes of this subsection, "eligible
employee" means (a) employees who separate from employment due to retirement or death; (b) employees who separate
from employment and who are at least age fifty-five and have
at least ten years of service under the teachers' retirement system plan 3 as defined in RCW 41.32.010(40), or under the
(2004 Ed.)
28A.400.212
Washington school employees' retirement system plan 3 as
defined in *RCW 41.35.010(31); or (c) employees who separate from employment and who are at least age fifty-five and
have at least fifteen years of service under the teachers' retirement system plan 2 as defined in RCW 41.32.010(39), under
the Washington school employees' retirement system plan 2
as defined in *RCW 41.35.010(30), or under the public
employees' retirement system plan 2 as defined in RCW
41.40.010(34).
(3) In lieu of remuneration for unused leave for illness or
injury as provided in subsections (1) and (2) of this section, a
school district board of directors may, with equivalent funds,
provide eligible employees a benefit plan that provides reimbursement for medical expenses. Any benefit plan adopted
after July 28, 1991, shall require, as a condition of participation under the plan, that the employee sign an agreement with
the district to hold the district harmless should the United
States government find that the district or the employee is in
debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the
plan, or as a result of the district not withholding or deducting
any tax, assessment, or other payment on such funds as
required under federal law.
Moneys or benefits received under this section shall not
be included for the purposes of computing a retirement
allowance under any public retirement system in this state.
The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations
to carry out the purposes of this section.
Should the legislature revoke any benefits granted under
this section, no affected employee shall be entitled thereafter
to receive such benefits as a matter of contractual right.
[2000 c 231 § 1; 1997 c 13 § 9; 1992 c 234 § 12; 1991 c 92 §
2; 198 9 c 69 § 2; 1983 c 275 § 2. Fo rmerly RCW
28A.58.096.]
*Reviser's note: RCW 41.35.010 was amended by 2001 c 180 § 3,
changing subsections (30) and (31) to subsections (29) and (30), respectively.
Intent—Construction—1983 c 275: "This act is intended to effectuate
the legislature's intent in the original enactment of chapter 182, Laws of 1980
and constitutes a readoption of the relevant portions of that law. This act
shall be construed as being in effect since June 12, 1980." [1983 c 275 § 5.]
28A.400.212
28A.400.212 Employee attendance incentive program—Effect of early retirement. An employee of a
school district that has established an attendance incentive
program under RCW 28A.400.210 who retires under section
1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86,
Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993,
shall receive, at the time of his or her separation from school
district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or
her under the district's incentive program. The school district
board of directors may, at its discretion, pay the remainder of
such an employee's remuneration for accrued leave for illness
or injury after the time of the employee's separation from
school district employment, but the employee or the
employee's estate is entitled to receive the remainder of the
remuneration no later than the date the employee would have
been eligible to retire under the provisions of RCW
41.40.180 or 41.32.480 had the employee continued to work
[Title 28A RCW—page 155]
28A.400.220
Title 28A RCW: Common School Provisions
for the district until eligible to retire, or three years following
the date of the employee's separation from school district
employment, whichever occurs first. A district exercising its
discretion under this section to pay the remainder of the
remuneration after the time of the employee's separation from
school district employment shall establish a policy and procedure for paying the remaining remuneration that applies to all
affected employees equally and without discrimination. Any
remuneration paid shall be based on the number of days of
leave the employee had accrued and the compensation the
employee received at the time he or she retired under section
1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86,
Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993.
[1993 c 519 § 14; 1993 c 86 § 8; 1992 c 234 § 13.]
Reviser's note: This section was amended by 1993 c 86 § 8 and by
1993 c 519 § 14, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Part headings not law—1993 c 519: "Part headings as used in this act
do not constitute any part of the law." [1993 c 519 § 24.]
Effective date—1993 c 519: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[May 18, 1993]." [1993 c 519 § 25.]
Effective date—1993 c 86: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 21, 1993]." [1993 c 86 § 9.]
28A.400.220
28A.400.220 Employee salary or compensation—
Limitations respecting. (1) No school district board of
directors or administrators may:
(a) Increase an employee's salary or compensation to
include a payment in lieu of providing a fringe benefit; or
(b) Allow any payment to an employee which is partially
or fully conditioned on the termination or retirement of the
employee, except as provided in subsection (2) of this section.
(2) A school district board of directors may compensate
an employee for termination of the employee's contract in
accordance with the termination provisions of the contract. If
no such provisions exist the compensation must be reasonable based on the proportion of the uncompleted contract.
Compensation received under this subsection shall not be
included for the purposes of computing a retirement allowance under any public retirement system in this state.
(3) Provisions of any contract in force on March 27,
1982, which conflict with the requirements of this section
shall continue in effect until contract expiration. After expiration, any new contract including any renewal, extension,
amendment or modification of an existing contract executed
between the parties shall be consistent with this section.
[1989 c 11 § 5; 1982 1st ex.s. c 10 § 1. Formerly RCW
28A.58.098.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1982 1st ex.s. c 10: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 10 § 3.]
28A.400.230
28A.400.230 Deposit of cumulative total of earnings
of group of employees—Authorized—Conditions. Any
school district authorized to draw and issue their own war[Title 28A RCW—page 156]
rants may deposit the cumulative total of the net earnings of
any group of employees in one or more banks within the state
such group or groups may designate, to be credited to the
individuals composing such groups, by a single warrant to
each bank so designated or by other commercially acceptable
methods: PROVIDED, That any such collective authorization shall be made in writing by a minimum of twenty-five
employees or ten percent of the employees, whichever is less.
[1973 c 111 § 5. Formerly RCW 28A.58.730.]
Severability—1973 c 111: See note following RCW 28A.330.230.
28A.400.240
28A.400.240 Deferred compensation plan for school
district or educational service district employees—Limitations. In addition to any other powers and duties, any
school district or educational service district may contract
with any classified or certificated employee to defer a portion
of that employee's income, which deferred portion shall in no
event exceed the appropriate internal revenue service exclusion allowance for such plans, and shall subsequently with
the consent of the employee, deposit or invest in a credit
union, savings and loan association, bank, mutual savings
bank, or purchase life insurance, shares of an investment
company, or a fixed and/or variable annuity contract, for the
purpose of funding a deferred compensation program for the
employee, from any life underwriter or registered representative duly licensed by this state who represents an insurance
company or an investment company licensed to contract
business in this state. In no event shall the total investments
or payments, and the employee's nondeferred income for any
year exceed the total annual salary, or compensation under
the existing salary schedule or classification plan applicable
to such employee in such year. Any income deferred under
such a plan shall continue to be included as regular compensation, for the purpose of computing the retirement and pension benefits earned by any employee, but any sum so
deducted shall not be included in the computation of any
taxes withheld on behalf of any such employee. [2001 c 266
§ 1; 1975 1st ex.s. c 205 § 1; 1974 ex.s. c 11 § 1. Formerly
RCW 28A.58.740.]
28A.400.250
28A.400.250 Tax deferred annuities. The board of
directors of any school district, the Washington state teachers' retirement system, the superintendent of public instruction, and educational service district superintendents are
authorized to provide and pay for tax deferred annuities for
their respective employees in lieu of a portion of salary or
wages as authorized under the provisions of 26 U.S.C., section 403(b), as amended by Public Law 87-370, 75 Stat. 796,
as now or hereafter amended. The superintendent of public
instruction and educational service district superintendents, if
eligible, may also be provided with such annuities.
At the request of at least five employees, the employees'
employer shall arrange for the purchase of tax deferred annuity contracts which meet the requirements of 26 U.S.C., section 403(b), as now or hereafter amended, for the employees
from any company the employees may choose that is authorized to do business in this state through a Washingtonlicensed insurance agent that the employees may select. Payroll deductions shall be made in accordance with the arrangements for the purpose of paying the entire premium due and
(2004 Ed.)
Employees
to become due under the contracts. Employees' rights under
the annuity contract are nonforfeitable except for the failure
to pay premiums.
The board of directors of any school district, the Washington state teachers' retirement system, the superintendent of
public instruction, and educational service district superintendents shall not restrict, except as provided in this section,
employees' right to select the tax deferred annuity of their
choice or the agent, broker, or company licensed by the state
of Washington through which the tax deferred annuity is
placed or purchased, and shall not place limitations on the
time or place that the employees make the selection.
The board of directors of any school district, the Washington state teachers' retirement system, the superintendent of
public instruction, and educational service district superintendents may each adopt rules regulating the sale of tax
deferred annuities which: (1) Prohibit solicitation of employees for the purposes of selling tax deferred annuities on
school premises during normal school hours; (2) only permit
the solicitation of tax deferred annuities by agents, brokers,
and companies licensed by the state of Washington; and (3)
require participating companies to execute reasonable agreements protecting the respective employers from any liability
attendant to procuring tax deferred annuities. [1984 c 228 §
1; 1975 1st ex.s. c 275 § 113; 1971 c 48 § 31; 1969 c 97 § 2;
1969 ex.s. c 223 § 28A.58.560. Prior: 1965 c 54 § 1, part.
Formerly RCW 28A.58.560, 28.02.120, part.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.400.260
28A.400.260 Pension benefits or annuity benefits for
certain classifications of employees—Procedure. Notwithstanding any other provision of law, any school district
shall have the authority to provide for all employees within
an employment classification pension benefits or annuity
benefits as may already be established and in effect by other
employers of a similar classification of employees, and payment therefor may be made by making contributions to such
pension plans or funds already established and in effect by
the other employers and in which the school district is permitted to participate for such particular classifications of its
employees by the trustees or other persons responsible for the
administration of such established plans or funds.
Notwithstanding provisions of RCW 41.40.023(4), the
coverage under such private plan shall not exclude such
employees from simultaneous coverage under the Washington public employees' retirement system. [1972 ex.s. c 27 §
1. Formerly RCW 28A.58.565.]
28A.400.270
28A.400.270 Employee benefit—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 28A.400.275 and
28A.400.280.
(1) "School district employee benefit plan" means the
overall plan used by the district for distributing fringe benefit
subsidies to employees, including the method of determining
employee coverage and the amount of employer contributions, as well as the characteristics of benefit providers and
the specific benefits or coverage offered. It shall not include
coverage offered to district employees for which there is no
contribution from public funds.
(2004 Ed.)
28A.400.280
(2) "Fringe benefit" does not include liability coverage,
old-age survivors' insurance, workers' compensation, unemployment compensation, retirement benefits under the Washington state retirement system, or payment for unused leave
for illness or injury under RCW 28A.400.210.
(3) "Basic benefits" are determined through local bargaining and are limited to medical, dental, vision, group term
life, and group long-term disability insurance coverage.
(4) "Benefit providers" include insurers, third party
claims administrators, direct providers of employee fringe
benefits, health maintenance organizations, health care service contractors, and the Washington state health care authority or any plan offered by the authority.
(5) "Group term life insurance coverage" means term life
insurance coverage provided for, at a minimum, all full-time
employees in a bargaining unit or all full-time nonbargaining
group employees.
(6) "Group long-term disability insurance coverage"
means long-term disability insurance coverage provided for,
at a minimum, all full-time employees in a bargaining unit or
all full-time nonbargaining group employees. [1990 1st ex.s.
c 11 § 4.]
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
28A.400.275
28A.400.275 Employee benefits—Contracts. (1) Any
contract for employee benefits executed after April 13, 1990,
between a school district and a benefit provider or employee
bargaining unit is null and void unless it contains an agreement to abide by state laws relating to school district
employee benefits. The term of the contract may not exceed
one year.
(2) School districts shall annually submit to the Washington state health care authority summary descriptions of all
benefits offered under the district's employee benefit plan.
The districts shall also submit data to the health care authority
specifying the total number of employees and, for each
employee, types of coverage or benefits received including
numbers of covered dependents, the number of eligible
dependents, the amount of the district's contribution, additional premium costs paid by the employee through payroll
deductions, and the age and sex of the employee and each
dependent. The plan descriptions and the data shall be submitted in a format and according to a schedule established by
the health care authority.
(3) Any benefit provider offering a benefit plan by contract with a school district under subsection (1) of this section
shall agree to make available to the school district the benefit
plan descriptions and, where available, the demographic
information on plan subscribers that the district is required to
report to the Washington state health care authority under this
section.
(4) This section shall not apply to benefit plans offered in
the 1989-90 school year. [1990 1st ex.s. c 11 § 5.]
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
28A.400.280
28A.400.280 Employee benefits—Employer contributions. (1) Except as provided in subsection (2) of this section, school districts may provide employer fringe benefit
contributions after October 1, 1990, only for basic benefits.
However, school districts may continue payments under con[Title 28A RCW—page 157]
28A.400.285
Title 28A RCW: Common School Provisions
tracts with employees or benefit providers in effect on April
13, 1990, until the contract expires.
(2) School districts may provide employer contributions
after October 1, 1990, for optional benefit plans, in addition
to basic benefits, only for employees included in pooling
arrangements under this subsection. Optional benefit plans
may not include employee beneficiary accounts that can be
liquidated by the employee on termination of employment.
Optional benefit plans may be offered only if:
(a) The school district pools benefit allocations among
employees using a pooling arrangement that includes at least
one employee bargaining unit and/or all nonbargaining group
employees;
(b) Each full-time employee included in the pooling
arrangement is offered basic benefits, including coverage for
dependents, without a payroll deduction for premium
charges;
(c) Each full-time employee included in the pooling
arrangement, regardless of the number of dependents receiving basic coverage, receives the same additional employer
contribution for other coverage or optional benefits; and
(d) For part-time employees included in the pooling
arrangement, participation in optional benefit plans shall be
governed by the same eligibility criteria and/or proration of
employer contributions used for allocations for basic benefits.
(3) Savings accruing to school districts due to limitations
on benefit options under this section shall be pooled and
made available by the districts to reduce out-of-pocket premium expenses for employees needing basic coverage for
dependents. School districts are not intended to divert state
benefit allocations for other purposes. [1990 1st ex.s. c 11 §
6.]
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
28A.400.285
28A.400.285 Contracts for services performed by
classified employees. (1) When a school district or educational service district enters into a contract for services that
had been previously performed by classified school employees, the contract shall contain a specific clause requiring the
contractor to provide for persons performing such services
under the contract, health benefits that are similar to those
provided for school employees who would otherwise perform
the work, but in no case are such health benefits required to
be greater than the benefits provided for basic health care services under chapter 70.47 RCW.
(2) Decisions to enter into contracts for services by a
school district or educational service district may only be
made: (a) After the affected district has conducted a feasibility study determining the potential costs and benefits, including the impact on district employees who would otherwise
perform the work, that would result from contracting for the
services; (b) after the decision to contract for the services has
been reviewed and approved by the superintendent of public
instruction; and (c) subject to any applicable requirements for
collective bargaining. The factors to be considered in the feasibility study shall be developed in consultation with representatives of the affected employees and may include both
long-term and short-term effects of the proposal to contract
for services.
[Title 28A RCW—page 158]
(3) This section applies only if a contract is for services
performed by classified school employees on or after July 25,
1993.
(4) This section does not apply to:
(a) Temporary, nonongoing, or nonrecurring service
contracts; or
(b) Contracts for services previously performed by
employees in director/supervisor, professional, and technical
positions.
(5) For the purposes of subsection (4) of this section:
(a) "Director/supervisor position" means a position in
which an employee directs staff members and manages a
function, a program, or a support service.
(b) "Professional position" means a position for which an
employee is required to have a high degree of knowledge and
skills acquired through a baccalaureate degree or its equivalent.
(c) "Technical position" means a position for which an
employee is required to have a combination of knowledge
and skills that can be obtained through approximately two
years of posthigh school education, such as from a community or technical college, or by on-the-job training. [1997 c
267 § 2; 1993 c 349 § 1.]
HIRING AND DISCHARGE
28A.400.300
28A.400.300 Hiring and discharging of employees—
Seniority and leave benefits, transfers between school districts. Every board of directors, unless otherwise specially
provided by law, shall:
(1) Employ for not more than one year, and for sufficient
cause discharge all certificated and classified employees;
(2) Adopt written policies granting leaves to persons
under contracts of employment with the school district(s) in
positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at
official or private institutes and conferences and sabbatical
leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and,
emergencies for both certificated and classified employees,
and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt
written policies granting to such persons annual leave with
compensation for illness, injury and emergencies as follows:
(a) For such persons under contract with the school district for a full year, at least ten days;
(b) For such persons under contract with the school district as part time employees, at least that portion of ten days
as the total number of days contracted for bears to one hundred eighty days;
(c) For certificated and classified employees, annual
leave with compensation for illness, injury, and emergencies
shall be granted and accrue at a rate not to exceed twelve days
per year; provisions of any contract in force on June 12, 1980,
which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any
new contract executed between the parties shall be consistent
with this subsection;
(d) Compensation for leave for illness or injury actually
taken shall be the same as the compensation such person
(2004 Ed.)
Employees
would have received had such person not taken the leave provided in this proviso;
(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred
eighty days for the purposes of RCW 28A.400.210 and
28A.400.220, and for leave purposes up to a maximum of the
number of contract days agreed to in a given contract, but not
greater than one year. Such accumulated time may be taken at
any time during the school year or up to twelve days per year
may be used for the purpose of payments for unused sick
leave.
(f) Sick leave heretofore accumulated under section 1,
chapter 195, Laws of 1959 (former RCW 28.58.430) and sick
leave accumulated under administrative practice of school
districts prior to the effective date of section 1, chapter 195,
Laws of 1959 (former RCW 28.58.430) is hereby declared
valid, and shall be added to leave for illness or injury accumulated under this proviso;
(g) Any leave for injury or illness accumulated up to a
maximum of forty-five days shall be creditable as service
rendered for the purpose of determining the time at which an
employee is eligible to retire, if such leave is taken it may not
be compensated under the provisions of RCW 28A.400.210
and 28A.310.490;
(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and offices of educational service district superintendents and boards, to and from such
districts and such offices;
(i) Leave accumulated by a person in a district prior to
leaving said district may, under rules and regulations of the
board, be granted to such person when the person returns to
the employment of the district.
When any certificated or classified employee leaves one
school district within the state and commences employment
with another school district within the state, the employee
shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position:
PROVIDED, That classified employees who transfer
between districts after July 28, 1985, shall not retain any
seniority rights other than longevity when leaving one school
district and beginning employment with another. If the school
district to which the person transfers has a different system
for computing seniority, leave benefits, and other benefits,
then the employee shall be granted the same seniority, leave
benefits and other benefits as a person in that district who has
similar occupational status and total years of service. [1997 c
13 § 10; 1990 c 33 § 382. Prior: 1985 c 210 § 1; 1985 c 46 §
1; 1983 c 275 § 3. Formerly RCW 28A.58.099.]
Intent—Construction—1983 c 275: See note following RCW
28A.400.210.
28A.400.301
28A.400.301 Information on past sexual misconduct—Requirement for applicants—Limitation on contracts and agreements—Employee right to review personnel file. (1) The definitions in this subsection apply
throughout this section unless the context clearly requires
otherwise.
(a) "Applicant" means an applicant for employment in a
certificated or classified position who is currently or was previously employed by a school district.
(2004 Ed.)
28A.400.301
(b) "Employer" means a school district employer.
(2) Before hiring an applicant, a school district shall
request the applicant to sign a statement:
(a) Authorizing the applicant's current and past employers to disclose to the hiring school district sexual misconduct,
if any, by the applicant and making available to the hiring
school district copies of all documents in the previous
employer's personnel, investigative, or other files relating to
sexual misconduct by the applicant; and
(b) Releasing the applicant's current and past employers,
and employees acting on behalf of that employer, from any
liability for providing information described in (a) of this
subsection, as provided in subsection (4) of this section.
(3) Before hiring an applicant, a school district shall
request in writing, electronic or otherwise, the applicant's
current and past employers to provide the information
described in subsection (2)(a) of this section, if any. The
request shall include a copy of the statement signed by the
applicant under subsection (2) of this section.
(4) Not later than twenty business days after receiving a
request under subsection (3) of this section, a school district
shall provide the information requested and make available to
the requesting school district copies of all documents in the
applicant's personnel record relating to the sexual misconduct. The school district, or an employee acting on behalf of
the school district, who in good faith discloses information
under this section is immune from civil liability for the disclosure.
(5) A hiring district shall request from the office of the
superintendent of public instruction verification of certification status, including information relating to sexual misconduct as established by the provisions of subsection (11) of
this section, if any, for applicants for certificated employment.
(6) A school district shall not hire an applicant who does
not sign the statement described in subsection (2) of this section.
(7) School districts may employ applicants on a conditional basis pending the district's review of information
obtained under this section.
(8) Information received under this section shall be used
by a school district only for the purpose of evaluating an
applicant's qualifications for employment in the position for
which he or she has applied. Except as otherwise provided by
law, a board member or employee of a school district shall
not disclose the information to any person, other than the
applicant, who is not directly involved in the process of evaluating the applicant's qualifications for employment. A person who violates this subsection is guilty of a misdemeanor.
(9) Beginning September 1, 2004, the board or an official of a school district shall not enter into a collective bargaining agreement, individual employment contract, resignation agreement, severance agreement, or any other contract or
agreement that has the effect of suppressing information
about verbal or physical abuse or sexual misconduct by a
present or former employee or of expunging information
about that abuse or sexual misconduct from any documents in
the previous employer's personnel, investigative, or other
files relating to verbal or physical abuse or sexual misconduct
by the applicant. Any provision of a contract or agreement
that is contrary to this subsection is void and unenforceable,
[Title 28A RCW—page 159]
28A.400.303
Title 28A RCW: Common School Provisions
and may not be withheld from disclosure by the entry of any
administrative or court order. This subsection does not
restrict the expungement from a personnel file of information
about alleged verbal or physical abuse or sexual misconduct
that has not been substantiated.
(10) This section does not prevent a school district from
requesting or requiring an applicant to provide information
other than that described in this section.
(11) By September 1, 2004, the state board of education
has the authority to and shall adopt rules defining "verbal
abuse," "physical abuse," and "sexual misconduct" as used in
this section for application to all classified and certificated
employees. The definitions of verbal and physical abuse and
sexual misconduct adopted by the state board of education
must include the requirement that the school district has
made a determination that there is sufficient information to
conclude that the abuse or misconduct occurred and that the
abuse or misconduct resulted in the employee's leaving his or
her position at the school district.
(12) Except as limited by chapter 49.12 RCW, at the
conclusion of a school district's investigation, a school
employee has the right to review his or her entire personnel
file, investigative file, or other file maintained by the school
district relating to sexual misconduct as addressed in this section and to attach rebuttals to any documents as the employee
deems necessary. Rebuttal documents shall be disclosed in
the same manner as the documents to which they are
attached. The provisions of this subsection do not supercede
the protections provided individuals under the state whistleblower laws in chapter 42.41 RCW. [2004 c 29 § 2.]
Findings—2004 c 29: "The legislature recognizes that state law
requires criminal background checks of applicants for school district
employment. However, the legislature finds that, because they generally are
limited to criminal conviction histories, results of background checks are
more complete when supplemented by an applicant's history of past sexual
misconduct. Therefore, the legislature finds that additional safeguards are
necessary in the hiring of school district employees to ensure the safety of
Washington's school children. In order to provide the safest educational
environment for children, school districts must provide known information
regarding employees' sexual misconduct when those employees attempt to
transfer to different school districts." [2004 c 29 § 1.]
28A.400.303
28A.400.303 Record checks for employees. School
districts, educational service districts, the state school for the
deaf, the state school for the blind, and their contractors hiring employees who will have regularly scheduled unsupervised access to children shall require a record check through
the Washington state patrol criminal identification system
under RCW 43.43.830 through 43.43.834, 10.97.030, and
10.97.050 and through the federal bureau of investigation
before hiring an employee. The record check shall include a
fingerprint check using a complete Washington state criminal
identification fingerprint card. The requesting entity shall
provide a copy of the record report to the applicant. When
necessary, applicants may be employed on a conditional basis
pending completion of the investigation. If the applicant has
had a record check within the previous two years, the district,
the state school for the deaf, the state school for the blind, or
contractor may waive the requirement. The district, pursuant
to chapter 41.59 or 41.56 RCW, the state school for the deaf,
the state school for the blind, or contractor hiring the
[Title 28A RCW—page 160]
employee shall determine who shall pay costs associated with
the record check. [2001 c 296 § 3; 1992 c 159 § 2.]
Intent—2001 c 296: See note following RCW 9.96A.060.
Findings—1992 c 159: "The legislature finds that additional safeguards are necessary to ensure the safety of Washington's school children.
The legislature further finds that the results from state patrol record checks
are more complete when fingerprints of individuals are provided, and that
information from the federal bureau of investigation also is necessary to
obtain information on out-of-state criminal records. The legislature further
finds that confidentiality safeguards in state law are in place to ensure that
the rights of applicants for certification or jobs and newly hired employees
are protected." [1992 c 159 § 1.]
Criminal history record information—School volunteers: RCW
28A.320.155.
28A.400.305
28A.400.305 Record check information—Access—
Rules. The superintendent of public instruction shall adopt
rules as necessary under chapter 34.05 RCW on record check
information. The rules shall include, but not be limited to the
following:
(1) Written procedures providing a school district, state
school for the deaf, or state school for the blind employee or
applicant for certification or employment access to and
review of information obtained based on the record check
required under RCW 28A.400.303; and
(2) Written procedures limiting access to the superintendent of public instruction record check data base to only those
individuals processing record check information at the office
of the superintendent of public instruction, the appropriate
school district or districts, the state school for the deaf, the
state school for the blind, and the appropriate educational service district or districts. [2001 c 296 § 4; 1996 c 126 § 5.]
Intent—2001 c 296: See note following RCW 9.96A.060.
Effective date—1996 c 126: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[March 21, 1996]." [1996 c 126 § 7.]
28A.400.306
28A.400.306 Fingerprints accepted by the state
patrol—Fingerprints forwarded to the federal bureau of
investigation—Conditions. The state patrol shall accept
fingerprints obtained under this chapter only if it can ensure
that the patrol will not retain a record of the fingerprints after
the check is complete. It shall not forward fingerprints
obtained under this chapter to the federal bureau of investigation unless it can ensure that the federal bureau of investigation will not retain a record of the fingerprints after the check
is complete. [1995 c 335 § 504; 1992 c 159 § 9.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Findings—1992 c 159: See note following RCW 28A.400.303.
28A.400.310
28A.400.310 Law against discrimination applicable
to districts' employment practices. The provisions of chapter 49.60 RCW as now or hereafter amended shall be applicable to the employment of any certificated or classified
employee by any school district organized in this state. [1997
c 13 § 11; 1969 ex.s. c 223 § 28A.02.050. Prior: (i) 1937 c 52
§ 1; RRS § 4693-1. Formerly RCW 28.02.050. (ii) 1937 c 52
§ 2; RRS § 4693-2. Formerly RCW 28A.02.050, 28.02.051.]
(2004 Ed.)
Employees
28A.400.315 Employment contracts. Employment
contracts entered into between an employer and a superintendent, or administrator as defined in RCW 28A.405.230,
under RCW 28A.400.010, 28A.400.300, or 28A.405.210:
(1) Shall end no later than June 30th of the calendar year
that the contract expires except that, a contract entered into
after June 30th of a given year may expire during that same
calendar year; and
(2) Shall not be revised or entered into retroactively.
[1990 c 8 § 6.]
28A.400.315
Findings—1990 c 8: See note following RCW 41.50.065.
28A.400.317 Physical abuse or sexual misconduct by
school employees—Duty to report—Training. (1) A certificated or classified school employee who has knowledge or
reasonable cause to believe that a student has been a victim of
physical abuse or sexual misconduct by another school
employee, shall report such abuse or misconduct to the
appropriate school administrator. The school administrator
shall cause a report to be made to the proper law enforcement
agency if he or she has reasonable cause to believe that the
misconduct or abuse has occurred as required under RCW
26.44.030. During the process of making a reasonable cause
determination, the school administrator shall contact all parties involved in the complaint.
(2) Certificated and classified school employees shall
receive training regarding their reporting obligations under
state law in their orientation training when hired and then
every three years thereafter. The training required under this
subsection shall take place within existing training programs
and related resources.
(3) Nothing in this section changes any of the duties
established under RCW 26.44.030. [2004 c 135 § 1.]
28A.400.317
28A.400.320 Crimes against children—Mandatory
termination of classified employees—Appeal. (1) The
school district board of directors shall immediately terminate
the employment of any classified employee who has contact
with children during the course of his or her employment
upon a guilty plea or conviction of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW,
the physical injury or death of a child under chapter 9A.32 or
9A.36 RCW (except motor vehicle violations under chapter
46.61 RCW), sexual exploitation of a child under chapter
9.68A RCW, sexual offenses under chapter 9A.44 RCW
where a minor is the victim, promoting prostitution of a
minor under chapter 9A.88 RCW, the sale or purchase of a
minor child under RCW 9A.64.030, or violation of similar
laws of another jurisdiction.
(2) The employee shall have a right of appeal under
chapter 28A.645 RCW including any right of appeal under a
collective bargaining agreement. [1990 c 33 § 383; 1989 c
320 § 3. Formerly RCW 28A.58.1001.]
28A.400.320
Severability—1989 c 320: See note following RCW 28A.410.090.
Crimes against children—Notification of conviction or guilty plea of school
employee: RCW 43.43.845.
28A.400.330 Crimes against children—Contractor
employees—Termination of contract. The school district
board of directors shall include in any contract for services
with an entity or individual other than an employee of the
28A.400.330
(2004 Ed.)
28A.400.350
school district a provision requiring the contractor to prohibit
any employee of the contractor from working at a public
school who has contact with children at a public school during the course of his or her employment and who has pled
guilty to or been convicted of any felony crime involving the
physical neglect of a child under chapter 9A.42 RCW, the
physical injury or death of a child under chapter 9A.32 or
9A.36 RCW (except motor vehicle violations under chapter
46.61 RCW), sexual exploitation of a child under chapter
9.68A RCW, sexual offenses under chapter 9A.44 RCW
where a minor is the victim, promoting prostitution of a
minor under chapter 9A.88 RCW, the sale or purchase of a
minor child under RCW 9A.64.030, or violation of similar
laws of another jurisdiction. The contract shall also contain a
provision that any failure to comply with this section shall be
grounds for the school district immediately terminating the
contract. [1989 c 320 § 4. Formerly RCW 28A.58.1002.]
Severability—1989 c 320: See note following RCW 28A.410.090.
28A.400.340
28A.400.340 Notice of discharge to contain notice of
right to appeal if available. Any notice of discharge given
to a classified or certificated employee, if that employee has
a right to appeal the discharge, shall contain notice of that
right, notice that a description of the appeal process is available, and how the description of the appeal process may be
obtained. [1991 c 102 § 1.]
INSURANCE
28A.400.350
28A.400.350 Liability, life, health, health care, accident, disability, and salary insurance authorized—When
required—Premiums. (1) The board of directors of any of
the state's school districts or educational service districts may
make available liability, life, health, health care, accident,
disability and salary protection or insurance or any one of, or
a combination of the enumerated types of insurance, or any
other type of insurance or protection, for the members of the
boards of directors, the students, and employees of the school
district or educational service district, and their dependents.
Such coverage may be provided by contracts with private carriers, with the state health care authority after July 1, 1990,
pursuant to the approval of the authority administrator, or
through self-insurance or self-funding pursuant to chapter
48.62 RCW, or in any other manner authorized by law.
(2) Whenever funds are available for these purposes the
board of directors of the school district or educational service
district may contribute all or a part of the cost of such protection or insurance for the employees of their respective school
districts or educational service districts and their dependents.
The premiums on such liability insurance shall be borne by
the school district or educational service district.
After October 1, 1990, school districts may not contribute to any employee protection or insurance other than liability insurance unless the district's employee benefit plan conforms to RCW 28A.400.275 and 28A.400.280.
(3) For school board members, educational service district board members, and students, the premiums due on such
protection or insurance shall be borne by the assenting school
board member, educational service district board member, or
student. The school district or educational service district
[Title 28A RCW—page 161]
28A.400.360
Title 28A RCW: Common School Provisions
may contribute all or part of the costs, including the premiums, of life, health, health care, accident or disability insurance which shall be offered to all students participating in
interschool activities on the behalf of or as representative of
their school, school district, or educational service district.
The school district board of directors and the educational service district board may require any student participating in
extracurricular interschool activities to, as a condition of participation, document evidence of insurance or purchase insurance that will provide adequate coverage, as determined by
the school district board of directors or the educational service district board, for medical expenses incurred as a result
of injury sustained while participating in the extracurricular
activity. In establishing such a requirement, the district shall
adopt regulations for waiving or reducing the premiums of
such coverage as may be offered through the school district
or educational service district to students participating in
extracurricular activities, for those students whose families,
by reason of their low income, would have difficulty paying
the entire amount of such insurance premiums. The district
board shall adopt regulations for waiving or reducing the
insurance coverage requirements for low-income students in
order to assure such students are not prohibited from participating in extracurricular interschool activities.
(4) All contracts for insurance or protection written to
take advantage of the provisions of this section shall provide
that the beneficiaries of such contracts may utilize on an
equal participation basis the services of those practitioners
licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and
18.71 RCW. [2001 c 266 § 2. Prior: 1995 1st sp.s. c 6 § 18;
1995 c 126 § 1; 1993 c 492 § 226; prior: 1990 1st ex.s. c 11
§ 3; 1990 c 74 § 1; 1988 c 107 § 16; 1985 c 277 § 8; 1977
ex.s. c 255 § 1; 1973 1st ex.s. c 9 § 1; 1971 ex.s. c 269 § 2;
1971 c 8 § 3; 1969 ex.s. c 237 § 3; 1969 ex.s. c 223 §
28A.58.420; prior: 1967 c 135 § 2, part; 1959 c 187 § 1, part.
Formerly RCW 28A.58.420, 28.76.410, part.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Short title—Severability—Savings—Captions not law—Reservation of legislative power—Effective dates—1993 c 492: See RCW
43.72.910 through 43.72.915.
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Retrospective application—1985 c 277: See note following RCW
48.01.050.
Severability—1971 ex.s. c 269: "If any provision of this 1971 act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1971 ex.s. c 269 § 4.]
Hospitalization and medical insurance authorized: RCW 41.04.180.
Operation of student transportation program responsibility of local dist r i c t — S c o p e — T ra n s p o rt i n g o f e l d e rl y — In s u ra n c e : R C W
28A.160.010.
Retirement allowance deductions for health care benefit plans: RCW
41.04.235.
28A.400.360
28A.400.360 Liability insurance for officials and
employees authorized. The board of directors of each
school district may purchase liability insurance with such
limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for per[Title 28A RCW—page 162]
sonal or bodily injuries and property damage arising from
their acts or omissions while performing or in good faith purporting to perform their official duties. [1973 c 125 § 1. Formerly RCW 28A.58.423.]
28A.400.370
28A.400.370 Mandatory insurance protection for
employees. Notwithstanding any other provision of law,
after August 9, 1971 boards of directors of all school districts
shall provide their employees with insurance protection covering those employees while engaged in the maintenance of
order and discipline and the protection of school personnel
and students and the property thereof when that is deemed
necessary by such employees. Such insurance protection
must include as a minimum, liability insurance covering
injury to persons and property, and insurance protecting those
employees from loss or damage of their personal property
incurred while so engaged. [1971 ex.s. c 269 § 1. Formerly
RCW 28A.58.425.]
Seve ra bili ty— 1971 e x.s. c 269 : Se e no te fo llo wing R CW
28A.400.350.
28A.400.380
28A.400.380 Leave sharing program. Every school
district board of directors and educational service district
superintendent may, in accordance with RCW 41.04.650
through 41.04.665, establish and administer a leave sharing
program for their certificated and classified employees. For
employees of school districts and educational service districts, the superintendent of public instruction shall adopt
standards: (1) Establishing appropriate parameters for the
program which are consistent with the provisions of RCW
41.04.650 through 41.04.665; and (2) establishing procedures to ensure that the program does not significantly
increase the cost of providing leave. [1997 c 13 § 12; 1990 c
23 § 4; 1989 c 93 § 6. Formerly RCW 28A.58.0991.]
Severability—1989 c 93: See note following RCW 41.04.650.
28A.400.391
28A.400.391 Insurance for retired and disabled
employees—Application—Rules. (1) Every group disability insurance policy, health care service contract, health
maintenance agreement, and health and welfare benefit plan
obtained or created to provide benefits to employees of
school districts and their dependents shall contain provisions
that permit retired and disabled employees to continue medical, dental, or vision coverage under the group policy, contract, agreement, or plan until September 30, 1993, or until
the employee becomes eligible for federal medicare coverage, whichever occurs first. The terms and conditions for
election and maintenance of such continued coverage shall
conform to the standards established under the federal consolidated omnibus budget reconciliation act of 1985, as
amended. The period of continued coverage provided under
this section shall run concurrently with any period of coverage guaranteed under the federal consolidated omnibus budget reconciliation act of 1985, as amended.
(2) This section applies to:
(a) School district employees who retired or lost insurance coverage due to disability after July 28, 1991;
(b) School district employees who retired or lost insurance coverage due to disability within the eighteen-month
period ending on July 28, 1991; and
(2004 Ed.)
Certificated Employees
(c) School district employees who retired or lost insurance coverage due to disability prior to January 28, 1990, and
who were covered by their employing district's insurance
plan on January 1, 1991.
(3) For the purposes of this section "retired employee"
means an employee who separates from district service and is
eligible at the time of separation from service to receive,
immediately following separation from service, a retirement
allowance under chapter 41.32 or 41.40 RCW.
(4) The superintendent of public instruction shall adopt
administrative rules to implement this section. [1993 c 386 §
2; 1992 c 152 § 1.]
Intent—1993 c 386: "It is the legislature's intent to increase access to
health insurance for retired and disabled school employees and also to
improve equity between state employees and school employees by providing
for the reduction of health insurance premiums charged to retired school
employees through a subsidy charged against health insurance allocations
for active employees. It is further the legislature's intent to improve the costeffectiveness of state-purchased health care by managing programs for public employees, in this case retired school employees, through the state health
care authority." [1993 c 386 § 1.]
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: "Sections 1,
2, 4 through 6, 8 through 10, and 12 through 16 of this act are necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect immediately [May 15, 1993]." [1993 c 386 § 18.]
Chapter 28A.405
QUALIFICATIONS
28A.405.030
28A.405.040
28A.405.060
28A.405.070
28A.405.100
28A.405.110
28A.405.120
28A.405.130
28A.405.140
28A.405.210
28A.405.220
28A.405.230
28A.405.240
28A.405.250
Annual salary schedules as basis for salaries of certificated
employees.
Conditions and contracts of employment—Determination
of probable cause for nonrenewal of contracts—Nonrenewal due to enrollment decline or revenue loss—
Notice—Opportunity for hearing.
Conditions and contracts of employment—Nonrenewal of
provisional employees—Notice—Procedure.
Conditions and contracts of employment—Transfer of
administrator to subordinate certificated position—
Notice—Procedure.
Conditions and contracts of employment—Supplemental
contracts, when—Continuing contract provisions not
applicable to.
Certificated employees, applicants for certificated position, not to be discriminated against—Right to inspect
personnel file.
HIRING AND DISCHARGE
28A.405.300
28A.405.310
28A.405.320
28A.405.330
Reviser's note: RCW 28A.400.400 was amended by 1994 c 153 § 11
without reference to its repeal by 1994 c 153 § 15, effective October 1, 1995.
It has been decodified for publication purposes pursuant to RCW 1.12.025.
28A.405.340
28A.405.350
28A.400.410
(2004 Ed.)
Minimum criteria for the evaluation of certificated
employees, including administrators—Procedure—
Scope—Penalty.
Evaluations—Legislative findings.
Training for evaluators.
Training in evaluation procedures required.
Assistance for teacher may be required after evaluation.
CONDITIONS AND CONTRACTS OF EMPLOYMENT
28A.405.200
28A.400.400 District contributions to the public
employees' and retirees' insurance account.
Effective date—1995 1st sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 6 § 23.]
Must teach morality and patriotism.
Disqualification for failure to emphasize patriotism—Penalty.
Course of study and regulations—Enforcement—Withholding salary warrant for failure.
Job sharing.
CRITERIA FOR EVALUATION AND MODEL PROGRAMS
28A.400.400
28A.400.410 Payment to the public employees' and
retirees' insurance account. (1) In a manner prescribed by
the state health care authority, school districts and educational service districts shall remit to the health care authority
for deposit in the public employees' and retirees' insurance
account established in RCW 41.05.120 the amount specified
for remittance in the omnibus appropriations act.
(2) The remittance requirements specified in this section
shall not apply to employees of a school district or educational service district who receive insurance benefits through
contracts with the health care authority. [1995 1st sp.s. c 6 §
1.]
Chapter 28A.405 RCW
CERTIFICATED EMPLOYEES
Sections
28A.400.395
28A.400.395 Insurance for retired employees and
their dependents—Method of payment of premium. A
group disability insurance policy, health care service contract, health maintenance agreement, or health and welfare
benefit plan that provides benefits to retired school district
employees and eligible dependents shall not require the beneficiary to make payment by monthly deduction from the
beneficiary's state retirement allowance if the payment
exceeds the retirement allowance. In such cases, the payment
may be made directly by the individual beneficiary. [1992 c
152 § 3.]
Chapter 28A.405
28A.405.360
28A.405.370
28A.405.380
Adverse change in contract status of certificated
employee—Determination of probable cause—
Notice—Opportunity for hearing.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Hearings—Procedure.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Notice—Service—Filing—Contents.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Certification and filing with court of transcript.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Scope.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Costs, attorney's fee and damages.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appellate review.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Other statutes not applicable.
Adverse change in contract status of certificated
employee, including nonrenewal of contract—Appeal
from—Direct judicial appeal, when.
SALARY AND COMPENSATION
28A.405.400
28A.405.410
Payroll deductions authorized for employees.
Payroll deductions authorized for certificated employees—Savings.
28A.405.460
28A.405.465
Lunch period for certificated employees.
Use of classified personnel to supervise in noninstructional activities.
MISCELLANEOUS PROVISIONS
[Title 28A RCW—page 163]
28A.405.030
Title 28A RCW: Common School Provisions
TERMINATION OF CERTIFICATED STAFF
28A.405.470
28A.405.900
Crimes against children—Mandatory termination of certified employees—Appeal.
Certain certificated employees exempt from chapter provisions.
Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035.
Conditional scholarship and loan repayment program for future teachers:
Chapter 28B.102 RCW.
Educational employment relations act: Chapter 41.59 RCW.
c 156 § 8; 1897 c 118 § 166. Formerly RCW 28A.67.060,
28.87.150.]
28A.405.070
28A.405.070 Job sharing. Effective December 31,
1995, school and educational service districts shall have a
policy on the sharing of jobs by district employees. [1995 c
335 § 701; 1989 c 206 § 1. Formerly RCW 28A.58.580.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
CRITERIA FOR EVALUATION AND
MODEL PROGRAMS
QUALIFICATIONS
28A.405.030
28A.405.030 Must teach morality and patriotism. It
shall be the duty of all teachers to endeavor to impress on the
minds of their pupils the principles of morality, truth, justice,
temperance, humanity and patriotism; to teach them to avoid
idleness, profanity and falsehood; to instruct them in the principles of free government, and to train them up to the true
comprehension of the rights, duty and dignity of American
citizenship. [1969 ex.s. c 223 § 28A.67.110. Prior: 1909 c 97
p 308 § 8; RRS § 4855; prior: 1897 c 118 § 58; 1890 p 371 §
42; 1886 p 19 § 50; Code 1881 § 3203. Formerly RCW
28A.67.110, 28.67.110.]
28A.405.040
28A.405.040 Disqualification for failure to emphasize patriotism—Penalty. (1) No person, whose certificate
or permit authorizing him or her to teach in the common
schools of this state has been revoked due to his or her failure
to endeavor to impress on the minds of his or her pupils the
principles of patriotism, or to train them up to the true comprehension of the rights, duty and dignity of American citizenship, shall be permitted to teach in any common school in
this state.
(2) Any person teaching in any school in violation of this
section, and any school director knowingly permitting any
person to teach in any school in violation of this section is
guilty of a misdemeanor. [2003 c 53 § 167; 1990 c 33 § 384;
1969 ex.s. c 223 § 28A.67.030. Prior: 1919 c 38 § 2; RRS §
4846. Formerly RCW 28A.67.030, 28.67.030.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.405.060
28A.405.060 Course of study and regulations—
Enforcement—Withholding salary warrant for failure.
Certificated employees shall faithfully enforce in the common schools the course of study and regulations prescribed,
whether regulations of the district, the superintendent of public instruction, or the state board of education, and shall furnish promptly all information relating to the common schools
which may be requested by the educational service district
superintendent.
Any certificated employee who wilfully refuses or
neglects to enforce the course of study or the rules and regulations as above in this section required, shall not be allowed
by the directors any warrant for salary due until said person
shall have complied with said requirements. [1975 1st ex.s. c
275 § 132; 1971 c 48 § 49; 1969 ex.s. c 223 § 28A.67.060.
Prior: (i) 1909 c 97 p 307 § 4; RRS § 4850; prior: 1899 c 142
§ 11; 1897 c 118 § 54; 1886 p 18 § 47. Formerly RCW
28.67.060. (ii) 1909 c 97 p 360 § 8; RRS § 5051; prior: 1903
[Title 28A RCW—page 164]
28A.405.100
28A.405.100 Minimum criteria for the evaluation of
certificated employees, including administrators—Procedure—Scope—Penalty. (1) The superintendent of public
instruction shall establish and may amend from time to time
minimum criteria for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel. For classroom teachers the criteria shall be developed in the following
categories: Instructional skill; classroom management, professional preparation and scholarship; effort toward improvement when needed; the handling of student discipline and
attendant problems; and interest in teaching pupils and
knowledge of subject matter.
Every board of directors shall, in accordance with procedure provided in RCW 41.59.010 through 41.59.170,
41.59.910 and 41.59.920, establish evaluative criteria and
procedures for all certificated classroom teachers and certificated support personnel. The evaluative criteria must contain
as a minimum the criteria established by the superintendent
of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction's minimum criteria. The district
must certify to the superintendent of public instruction that
evaluative criteria have been so prepared by the district.
Except as provided in subsection (5) of this section, it
shall be the responsibility of a principal or his or her designee
to evaluate all certificated personnel in his or her school. During each school year all classroom teachers and certificated
support personnel, hereinafter referred to as "employees" in
this section, shall be observed for the purposes of evaluation
at least twice in the performance of their assigned duties.
Total observation time for each employee for each school
year shall be not less than sixty minutes. Following each
observation, or series of observations, the principal or other
evaluator shall promptly document the results of the observation in writing, and shall provide the employee with a copy
thereof within three days after such report is prepared. New
employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar
days of their employment period.
At any time after October 15th, an employee whose
work is judged unsatisfactory based on district evaluation criteria shall be notified in writing of the specific areas of deficiencies along with a reasonable program for improvement.
During the period of probation, the employee may not be
transferred from the supervision of the original evaluator.
Improvement of performance or probable cause for nonrenewal must occur and be documented by the original evalua(2004 Ed.)
Certificated Employees
tor before any consideration of a request for transfer or reassignment as contemplated by either the individual or the
school district. A probationary period of sixty school days
shall be established. The establishment of a probationary
period does not adversely affect the contract status of an
employee within the meaning of RCW 28A.405.300. The
purpose of the probationary period is to give the employee
opportunity to demonstrate improvements in his or her areas
of deficiency. The establishment of the probationary period
and the giving of the notice to the employee of deficiency
shall be by the school district superintendent and need not be
submitted to the board of directors for approval. During the
probationary period the evaluator shall meet with the
employee at least twice monthly to supervise and make a
written evaluation of the progress, if any, made by the
employee. The evaluator may authorize one additional certificated employee to evaluate the probationer and to aid the
employee in improving his or her areas of deficiency; such
additional certificated employee shall be immune from any
civil liability that might otherwise be incurred or imposed
with regard to the good faith performance of such evaluation.
The probationer may be removed from probation if he or she
has demonstrated improvement to the satisfaction of the principal in those areas specifically detailed in his or her initial
notice of deficiency and subsequently detailed in his or her
improvement program. Lack of necessary improvement during the established probationary period, as specifically documented in writing with notification to the probationer and
shall constitute grounds for a finding of probable cause under
RCW 28A.405.300 or 28A.405.210.
Immediately following the completion of a probationary
period that does not produce performance changes detailed in
the initial notice of deficiencies and improvement program,
the employee may be removed from his or her assignment
and placed into an alternative assignment for the remainder
of the school year. This reassignment may not displace
another employee nor may it adversely affect the probationary employee's compensation or benefits for the remainder of
the employee's contract year. If such reassignment is not possible, the district may, at its option, place the employee on
paid leave for the balance of the contract term.
(2) Every board of directors shall establish evaluative
criteria and procedures for all superintendents, principals,
and other administrators. It shall be the responsibility of the
district superintendent or his or her designee to evaluate all
administrators. Such evaluation shall be based on the administrative position job description. Such criteria, when applicable, shall include at least the following categories: Knowledge of, experience in, and training in recognizing good professional performance, capabilities and development; school
administration and management; school finance; professional
preparation and scholarship; effort toward improvement
when needed; interest in pupils, employees, patrons and subjects taught in school; leadership; and ability and performance of evaluation of school personnel.
(3) Each certificated employee shall have the opportunity for confidential conferences with his or her immediate
supervisor on no less than two occasions in each school year.
Such confidential conference shall have as its sole purpose
the aiding of the administrator in his or her assessment of the
employee's professional performance.
(2004 Ed.)
28A.405.110
(4) The failure of any evaluator to evaluate or supervise
or cause the evaluation or supervision of certificated employees or administrators in accordance with this section, as now
or hereafter amended, when it is his or her specific assigned
or delegated responsibility to do so, shall be sufficient cause
for the nonrenewal of any such evaluator's contract under
RCW 28A.405.210, or the discharge of such evaluator under
RCW 28A.405.300.
(5) After an employee has four years of satisfactory evaluations under subsection (1) of this section, a school district
may use a short form of evaluation, a locally bargained evaluation emphasizing professional growth, an evaluation under
subsection (1) of this section, or any combination thereof.
The short form of evaluation shall include either a thirty
minute observation during the school year with a written
summary or a final annual written evaluation based on the
criteria in subsection (1) of this section and based on at least
two observation periods during the school year totaling at
least sixty minutes without a written summary of such observations being prepared. However, the evaluation process set
forth in subsection (1) of this section shall be followed at
least once every three years unless this time is extended by a
local school district under the bargaining process set forth in
chapter 41.59 RCW. The employee or evaluator may require
that the evaluation process set forth in subsection (1) of this
section be conducted in any given school year. No evaluation
other than the evaluation authorized under subsection (1) of
this section may be used as a basis for determining that an
employee's work is unsatisfactory under subsection (1) of this
section or as probable cause for the nonrenewal of an
employee's contract under RCW 28A.405.210 unless an evaluation process developed under chapter 41.59 RCW determines otherwise. [1997 c 278 § 1; 1994 c 115 § 1; 1990 c 33
§ 386; 1985 c 420 § 6; 1975-'76 2nd ex.s. c 114 § 3; 1975 1st
ex.s. c 288 § 22; 1969 ex.s. c 34 § 22. Formerly RCW
28A.67.065.]
Effective date—1994 c 115: "This act shall take effect September 1,
1994." [1994 c 115 § 2.]
Severability—1985 c 420: See note following RCW 28A.405.110.
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
Effective date—1975 1st ex.s. c 288: See RCW 41.59.940.
Severability—1975 1st ex.s. c 288: See RCW 41.59.950.
Construction of chapter—Employee's rights preserved: See RCW
41.59.920.
Construction of chapter—Employer's responsibilities and rights
preserved: See RCW 41.59.930.
Criteria used for evaluation of staff members to be included in guide: RCW
28A.150.230.
RCW 28A.405.100 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.110
28A.405.110 Evaluations—Legislative findings. The
legislature recognizes the importance of teachers in the educational system. Teachers are the fundamental element in
assuring a quality education for the state's and the nation's
children. Teachers, through their direct contact with children,
have a great impact on the development of the child. The legislature finds that this important role of the teacher requires
an assurance that teachers are as successful as possible in
attaining the goal of a well-educated society. The legislature
[Title 28A RCW—page 165]
28A.405.120
Title 28A RCW: Common School Provisions
finds, therefore, that the evaluation of those persons seeking
to enter the teaching profession is no less important than the
evaluation of those persons currently teaching. The evaluation of persons seeking teaching credentials should be strenuous while making accommodations uniquely appropriate to
the applicants. Strenuous teacher training and preparation
should be complemented by examinations of prospective
teachers prior to candidates being granted official certification by the state board of education. Teacher preparation program entrance evaluations, teacher training, teacher preparation program exit examinations, official certification, in-service training, and ongoing evaluations of individual progress
and professional growth are all part of developing and maintaining a strong precertification and postcertification professional education system.
The legislature further finds that an evaluation system
for teachers has the following elements, goals, and objectives: (1) An evaluation system must be meaningful, helpful,
and objective; (2) an evaluation system must encourage
improvements in teaching skills, techniques, and abilities by
identifying areas needing improvement; (3) an evaluation
system must provide a mechanism to make meaningful distinctions among teachers and to acknowledge, recognize, and
encourage superior teaching performance; and (4) an evaluation system must encourage respect in the evaluation process
by the persons conducting the evaluations and the persons
subject to the evaluations through recognizing the importance
of objective standards and minimizing subjectivity. [1985 c
420 § 1. Formerly RCW 28A.67.205.]
Contingency—Effective date—Severability—1985 c 420: See notes
following RCW 28A.405.110.
28A.405.140
28A.405.140 Assistance for teacher may be required
after evaluation. After an evaluation conducted pursuant to
RCW 28A.405.100, the principal or the evaluator may
require the teacher to take in-service training provided by the
district in the area of teaching skills needing improvement,
and may require the teacher to have a mentor for purposes of
achieving such improvement. [1993 c 336 § 403; 1990 c 33
§ 387; 1985 c 420 § 5. Formerly RCW 28A.67.220.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Contingency—Effective date—Severability—1985 c 420: See notes
following RCW 28A.405.110.
CONDITIONS AND CONTRACTS OF EMPLOYMENT
28A.405.200
28A.405.200 Annual salary schedules as basis for salaries of certificated employees. Every school district by
action of its board of directors shall adopt annual salary
schedules and reproduce the same by printing, mimeographing or other reasonable method, which shall be the basis for
salaries for all certificated employees in the district. [1969
ex.s. c 283 § 1. Formerly RCW 28A.67.066, 28.67.066.]
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28A.405.210
Contingency—Effective date—1985 c 420: "If specific funding for
the purposes of this act, referencing this act by bill number, is not provided
by the legislature by July 1, 1987, sections 1 through 5 and 7 through 10 of
this act shall be null and void. This act shall be of no effect unless such specific funding is so provided. If such funding is so provided, this act shall take
effect when the legislation providing the funding takes effect." [1985 c 420
§ 11.]
Reviser's note: (1) 1985 ex.s. c 6 § 501 provides specific funding for
the purposes of this act.
(2) 1985 ex.s. c 6 took effect June 27, 1985.
Severability—1985 c 420: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1985 c 420 § 12.]
28A.405.120
28A.405.120 Training for evaluators. School districts
shall require each administrator, each principal, or other
supervisory personnel who has responsibility for evaluating
classroom teachers to have training in evaluation procedures.
[1995 c 335 § 401; 1985 c 420 § 3. Formerly RCW
28A.67.210.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Contingency—Effective date—Severability—1985 c 420: See notes
following RCW 28A.405.110.
28A.405.130
28A.405.130 Training in evaluation procedures
required. No administrator, principal, or other supervisory
personnel may evaluate a teacher without having received
training in evaluation procedures. [1985 c 420 § 4. Formerly
RCW 28A.67.215.]
Effective date—1985 c 420 § 4: "Section 4 of this act shall take effect
September 1, 1986." [1985 c 420 § 10.]
[Title 28A RCW—page 166]
28A.405.210 Conditions and contracts of employment—Determination of probable cause for nonrenewal
of contracts—Nonrenewal due to enrollment decline or
revenue loss—Notice—Opportunity for hearing. No
teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed
except by written order of a majority of the directors of the
district at a regular or special meeting thereof, nor unless he
or she is the holder of an effective teacher's certificate or
other certificate required by law or the state board of education for the position for which the employee is employed.
The board shall make with each employee employed by
it a written contract, which shall be in conformity with the
laws of this state, and except as otherwise provided by law,
limited to a term of not more than one year. Every such contract shall be made in duplicate, one copy to be retained by
the school district superintendent or secretary and one copy
to be delivered to the employee. No contract shall be offered
by any board for the employment of any employee who has
previously signed an employment contract for that same term
in another school district of the state of Washington unless
such employee shall have been released from his or her obligations under such previous contract by the board of directors
of the school district to which he or she was obligated. Any
contract signed in violation of this provision shall be void.
In the event it is determined that there is probable cause
or causes that the employment contract of an employee
should not be renewed by the district for the next ensuing
term such employee shall be notified in writing on or before
May 15th preceding the commencement of such term of that
determination, or if the omnibus appropriations act has not
(2004 Ed.)
Certificated Employees
passed the legislature by May 15th, then notification shall be
no later than June 1st, which notification shall specify the
cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than
the superintendent, shall be made by the superintendent. Such
notice shall be served upon the employee personally, or by
certified or registered mail, or by leaving a copy of the notice
at the house of his or her usual abode with some person of
suitable age and discretion then resident therein. Every such
employee so notified, at his or her request made in writing
and filed with the president, chair or secretary of the board of
directors of the district within ten days after receiving such
notice, shall be granted opportunity for hearing pursuant to
RCW 28A.405.310 to determine whether there is sufficient
cause or causes for nonrenewal of contract: PROVIDED,
That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in
his or her request for a hearing, stipulate that initiation of the
arrangements for a hearing officer as provided for by RCW
28A.405.310(4) shall occur within ten days following July 15
rather than the day that the employee submits the request for
a hearing. If any such notification or opportunity for hearing
is not timely given, the employee entitled thereto shall be
conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her
employment had actually been renewed by the board of directors for such ensuing term.
This section shall not be applicable to "provisional
employees" as so designated in RCW 28A.405.220; transfer
to a subordinate certificated position as that procedure is set
forth in RCW 28A.405.230 shall not be construed as a nonrenewal of contract for the purposes of this section. [1996 c
201 § 1; 1990 c 33 § 390. Prior: 1983 c 83 § 1; 1983 c 56 §
11; 1975-'76 2nd ex.s. c 114 § 4; 1975 1st ex.s. c 275 § 133;
1973 c 49 § 2; 1970 ex.s. c 15 § 16; prior: 1969 ex.s. c 176 §
143; 1969 ex.s. c 34 § 12; 1969 ex.s. c 15 § 2; 1969 ex.s. c
223 § 28A.67.070; prior: 1961 c 241 § 1; 1955 c 68 § 3;
prior: (i) 1909 c 97 p 307 § 5; 1897 c 118 § 55; 1891 c 127 §
14; 1890 p 369 § 37; 1886 p 18 § 47; Code 1881 § 3200; RRS
§ 4851. (ii) 1943 c 52 § 1, part; 1941 c 179 § 1, part; 1939 c
131 § 1, part; 1925 ex.s. c 57 § 1, part; 1919 c 89 § 3, part;
1915 c 44 § 1, part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5,
part; 1903 c 104 § 17, part; 1901 c 41 § 3, part; 1897 c 118 §
40, part; 1890 p 364 § 26, part; Rem. Supp. 1943 § 4776, part.
Formerly RCW 28A.67.070, 28.67.070.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Minimum criteria for the evaluation of certificated employees, including
administrators—Procedure—Scope—Penalty: RCW 28A.405.100.
School superintendent—RCW 28A.405.210 not applicable to contract
renewal: RCW 28A.400.010.
28A.405.220
28A.405.220 Conditions and contracts of employment—Nonrenewal of provisional employees—Notice—
Procedure. Notwithstanding the provisions of RCW
28A.405.210, every person employed by a school district in a
(2004 Ed.)
28A.405.220
teaching or other nonsupervisory certificated position shall
be subject to nonrenewal of employment contract as provided
in this section during the first two years of employment by
such district, unless the employee has previously completed
at least two years of certificated employment in another
school district in the state of Washington, in which case the
employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district. Employees as defined in this section shall hereinafter be referred to as "provisional employees".
In the event the superintendent of the school district
determines that the employment contract of any provisional
employee should not be renewed by the district for the next
ensuing term such provisional employee shall be notified
thereof in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then
notification shall be no later than June 1st, which notification
shall state the reason or reasons for such determination. Such
notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of
the notice at the place of his or her usual abode with some
person of suitable age and discretion then resident therein.
The determination of the superintendent shall be subject to
the evaluation requirements of RCW 28A.405.100.
Every such provisional employee so notified, at his or
her request made in writing and filed with the superintendent
of the district within ten days after receiving such notice,
shall be given the opportunity to meet informally with the
superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be
held no later than ten days following the receipt of such
request, and the provisional employee shall be given written
notice of the date, time and place of meeting at least three
days prior thereto. At such meeting the provisional employee
shall be given the opportunity to refute any facts upon which
the superintendent's determination was based and to make
any argument in support of his or her request for reconsideration.
Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the
provisional employee or shall submit to the school district
board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating
the reason or reasons therefor. A copy of such report shall be
delivered to the provisional employee at least three days prior
to the scheduled meeting of the board of directors. In taking
action upon the recommendation of the superintendent, the
board of directors shall consider any written communication
which the provisional employee may file with the secretary
of the board at any time prior to that meeting.
The board of directors shall notify the provisional
employee in writing of its final decision within ten days following the meeting at which the superintendent's recommendation was considered. The decision of the board of directors
to nonrenew the contract of a provisional employee shall be
final and not subject to appeal.
This section applies to any person employed by a school
district in a teaching or other nonsupervisory certificated
[Title 28A RCW—page 167]
28A.405.230
Title 28A RCW: Common School Provisions
position after June 25, 1976. This section provides the exclusive means for nonrenewing the employment contract of a
provisional employee and no other provision of law shall be
applicable thereto, including, without limitation, RCW
28A.405.210 and chapter 28A.645 RCW. [1996 c 201 § 2;
1992 c 141 § 103; 1990 c 33 § 391; 1975-'76 2nd ex.s. c 114
§ 1. Formerly RCW 28A.67.072.]
Effective date—1992 c 141 § 103: "Section 103 of this act shall take
effect July 1, 1992." [1992 c 141 § 105.]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
28A.405.230
28A.405.230 Conditions and contracts of employment—Transfer of administrator to subordinate certificated position—Notice—Procedure. Any certificated
employee of a school district employed as an assistant superintendent, director, principal, assistant principal, coordinator,
or in any other supervisory or administrative position, hereinafter in this section referred to as "administrator", shall be
subject to transfer, at the expiration of the term of his or her
employment contract, to any subordinate certificated position
within the school district. "Subordinate certificated position"
as used in this section, shall mean any administrative or nonadministrative certificated position for which the annual
compensation is less than the position currently held by the
administrator.
Every superintendent determining that the best interests
of the school district would be served by transferring any
administrator to a subordinate certificated position shall
notify that administrator in writing on or before May 15th
preceding the commencement of such school term of that
determination, or if the omnibus appropriations act has not
passed the legislature by May 15th, then notification shall be
no later than June 1st, which notification shall state the reason or reasons for the transfer, and shall identify the subordinate certificated position to which the administrator will be
transferred. Such notice shall be served upon the administrator personally, or by certified or registered mail, or by leaving
a copy of the notice at the place of his or her usual abode with
some person of suitable age and discretion then resident
therein.
Every such administrator so notified, at his or her request
made in writing and filed with the president or chair, or secretary of the board of directors of the district within ten days
after receiving such notice, shall be given the opportunity to
meet informally with the board of directors in an executive
session thereof for the purpose of requesting the board to
reconsider the decision of the superintendent. Such board,
upon receipt of such request, shall schedule the meeting for
no later than the next regularly scheduled meeting of the
board, and shall notify the administrator in writing of the
date, time and place of the meeting at least three days prior
thereto. At such meeting the administrator shall be given the
opportunity to refute any facts upon which the determination
was based and to make any argument in support of his or her
request for reconsideration. The administrator and the board
may invite their respective legal counsel to be present and to
participate at the meeting. The board shall notify the administrator in writing of its final decision within ten days follow[Title 28A RCW—page 168]
ing its meeting with the administrator. No appeal to the courts
shall lie from the final decision of the board of directors to
transfer an administrator to a subordinate certificated position: PROVIDED, That in the case of principals such transfer shall be made at the expiration of the contract year and
only during the first three consecutive school years of
employment as a principal by a school district; except that if
any such principal has been previously employed as a principal by another school district in the state of Washington for
three or more consecutive school years the provisions of this
section shall apply only to the first full school year of such
employment.
This section applies to any person employed as an
administrator by a school district on June 25, 1976 and to all
persons so employed at any time thereafter. This section provides the exclusive means for transferring an administrator to
a subordinate certificated position at the expiration of the
term of his or her employment contract. [1996 c 201 § 3;
1990 c 33 § 392; 1975-'76 2nd ex.s. c 114 § 9. Formerly
RCW 28A.67.073.]
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
28A.405.240
28A.405.240 Conditions and contracts of employment—Supplemental contracts, when—Continuing contract provisions not applicable to. No certificated
employee shall be required to perform duties not described in
the contract unless a new or supplemental contract is made,
except that in an unexpected emergency the board of directors or school district administration may require the
employee to perform other reasonable duties on a temporary
basis.
No supplemental contract shall be subject to the continuing contract provisions of this title. [1990 c 33 § 393; 1985 c
341 § 15; 1969 ex.s. c 283 § 2. Formerly RCW 28A.67.074,
28.67.074.]
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
RCW 28A.405.240 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.250
28A.405.250 Certificated employees, applicants for
certificated position, not to be discriminated against—
Right to inspect personnel file. The board of directors of
any school district, its employees or agents shall not discriminate in any way against any applicant for a certificated position or any certificated employee
(1) On account of his or her membership in any lawful
organization, or
(2) For the orderly exercise during off-school hours of
any rights guaranteed under the law to citizens generally, or
(3) For family relationship, except where covered by
chapter 42.23 RCW.
The school district personnel file on any certificated
employee in the possession of the district, its employees, or
agents shall not be withheld at any time from the inspection
of that employee. [1990 c 33 § 394; 1969 ex.s. c 34 § 21. Formerly RCW 28A.58.445.]
Code of ethics for municipal officers—Contract interests: Chapter 42.23
RCW.
(2004 Ed.)
Certificated Employees
HIRING AND DISCHARGE
28A.405.300
28A.405.300 Adverse change in contract status of
certificated employee—Determination of probable
cause—Notice—Opportunity for hearing. In the event it is
determined that there is probable cause or causes for a
teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with the school
district, hereinafter referred to as "employee", to be discharged or otherwise adversely affected in his or her contract
status, such employee shall be notified in writing of that decision, which notification shall specify the probable cause or
causes for such action. Such determinations of probable
cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notices shall
be served upon that employee personally, or by certified or
registered mail, or by leaving a copy of the notice at the house
of his or her usual abode with some person of suitable age and
discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the
president, chair of the board or secretary of the board of
directors of the district within ten days after receiving such
notice, shall be granted opportunity for a hearing pursuant to
RCW 28A.405.310 to determine whether or not there is sufficient cause or causes for his or her discharge or other
adverse action against his or her contract status.
In the event any such notice or opportunity for hearing is
not timely given, or in the event cause for discharge or other
adverse action is not established by a preponderance of the
evidence at the hearing, such employee shall not be discharged or otherwise adversely affected in his or her contract
status for the causes stated in the original notice for the duration of his or her contract.
If such employee does not request a hearing as provided
herein, such employee may be discharged or otherwise
adversely affected as provided in the notice served upon the
employee.
Transfer to a subordinate certificated position as that
procedure is set forth in RCW 28A.405.230 shall not be construed as a discharge or other adverse action against contract
status for the purposes of this section. [1990 c 33 § 395;
1975-'76 2nd ex.s. c 114 § 2; 1973 c 49 § 1; 1969 ex.s. c 34 §
13; 1969 ex.s. c 223 § 28A.58.450. Prior: 1961 c 241 § 2.
Formerly RCW 28A.58.450, 28.58.450.]
Savings—Severability-1975-'76 2nd ex.s. c 114: See notes following
RCW 28A.400.010.
Minimum criteria for the evaluation of certificated employees, including
administrators—Procedure—Scope—Penalty: RCW 28A.405.100.
RCW 28A.405.300 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
Transfer of administrator to subordinate certificated position—Procedure:
RCW 28A.405.230.
28A.405.310
28A.405.310 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Hearings—Procedure. (1) Any employee receiving
a notice of probable cause for discharge or adverse effect in
contract status pursuant to RCW 28A.405.300, or any
employee, with the exception of provisional employees as
defined in RCW 28A.405.220, receiving a notice of probable
cause for nonrenewal of contract pursuant to RCW
(2004 Ed.)
28A.405.310
28A.405.210, shall be granted the opportunity for a hearing
pursuant to this section.
(2) In any request for a hearing pursuant to RCW
28A.405.300 or 28A.405.210, the employee may request
either an open or closed hearing. The hearing shall be open or
closed as requested by the employee, but if the employee fails
to make such a request, the hearing officer may determine
whether the hearing shall be open or closed.
(3) The employee may engage counsel who shall be entitled to represent the employee at the prehearing conference
held pursuant to subsection (5) of this section and at all subsequent proceedings pursuant to this section. At the hearing
provided for by this section, the employee may produce such
witnesses as he or she may desire.
(4) In the event that an employee requests a hearing pursuant to RCW 28A.405.300 or 28A.405.210, a hearing
officer shall be appointed in the following manner: Within
fifteen days following the receipt of any such request the
board of directors of the district or its designee and the
employee or employee's designee shall each appoint one
nominee. The two nominees shall jointly appoint a hearing
officer who shall be a member in good standing of the Washington state bar association or a person adhering to the arbitration standards established by the public employment relations commission and listed on its current roster of arbitrators. Should said nominees fail to agree as to who should be
appointed as the hearing officer, either the board of directors
or the employee, upon appropriate notice to the other party,
may apply to the presiding judge of the superior court for the
county in which the district is located for the appointment of
such hearing officer, whereupon such presiding judge shall
have the duty to appoint a hearing officer who shall, in the
judgment of such presiding judge, be qualified to fairly and
impartially discharge his or her duties. Nothing herein shall
preclude the board of directors and the employee from stipulating as to the identity of the hearing officer in which event
the foregoing procedures for the selection of the hearing
officer shall be inapplicable. The district shall pay all fees
and expenses of any hearing officer selected pursuant to this
subsection.
(5) Within five days following the selection of a hearing
officer pursuant to subsection (4) of this section, the hearing
officer shall schedule a prehearing conference to be held
within such five day period, unless the board of directors and
employee agree on another date convenient with the hearing
officer. The employee shall be given written notice of the
date, time, and place of such prehearing conference at least
three days prior to the date established for such conference.
(6) The hearing officer shall preside at any prehearing
conference scheduled pursuant to subsection (5) of this section and in connection therewith shall:
(a) Issue such subpoenas or subpoenas duces tecum as
either party may request at that time or thereafter; and
(b) Authorize the taking of prehearing depositions at the
request of either party at that time or thereafter; and
(c) Provide for such additional methods of discovery as
may be authorized by the civil rules applicable in the superior
courts of the state of Washington; and
(d) Establish the date for the commencement of the hearing, to be within ten days following the date of the prehearing
conference, unless the employee requests a continuance, in
[Title 28A RCW—page 169]
28A.405.320
Title 28A RCW: Common School Provisions
which event the hearing officer shall give due consideration
to such request.
(7) The hearing officer shall preside at any hearing and
in connection therewith shall:
(a) Make rulings as to the admissibility of evidence pursuant to the rules of evidence applicable in the superior court
of the state of Washington.
(b) Make other appropriate rulings of law and procedure.
(c) Within ten days following the conclusion of the hearing transmit in writing to the board and to the employee, findings of fact and conclusions of law and final decision. If the
final decision is in favor of the employee, the employee shall
be restored to his or her employment position and shall be
awarded reasonable attorneys' fees.
(8) Any final decision by the hearing officer to nonrenew
the employment contract of the employee, or to discharge the
employee, or to take other action adverse to the employee's
contract status, as the case may be, shall be based solely upon
the cause or causes specified in the notice of probable cause
to the employee and shall be established by a preponderance
of the evidence at the hearing to be sufficient cause or causes
for such action.
(9) All subpoenas and prehearing discovery orders shall
be enforceable by and subject to the contempt and other
equity powers of the superior court of the county in which the
school district is located upon petition of any aggrieved party.
(10) A complete record shall be made of the hearing and
all orders and rulings of the hearing officer and school board.
[1990 c 33 § 396; 1987 c 375 § 1; 1977 ex.s. c 7 § 1; 1975-'76
2nd ex.s. c 114 § 5. Formerly RCW 28A.58.455.]
Severability—1977 ex.s. c 7: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 7 § 2.]
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
28A.405.320
28A.405.320 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Notice—Service—Filing—Contents. Any teacher, principal, supervisor, superintendent, or
other certificated employee, desiring to appeal from any
action or failure to act upon the part of a school board relating
to the discharge or other action adversely affecting his or her
contract status, or failure to renew that employee's contract
for the next ensuing term, within thirty days after his or her
receipt of such decision or order, may serve upon the chair of
the school board and file with the clerk of the superior court
in the county in which the school district is located a notice of
appeal which shall set forth also in a clear and concise manner the errors complained of. [1990 c 33 § 397; 1969 ex.s. c
34 § 14; 1969 ex.s. c 223 § 28A.58.460. Prior: 1961 c 241 §
3. Formerly RCW 28A.58.460, 28.58.460.]
RCW 28A.405.320 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.330
28A.405.330 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Certification and filing with court
of transcript. The clerk of the superior court, within ten
days of receipt of the notice of appeal shall notify in writing
[Title 28A RCW—page 170]
the chair of the school board of the taking of the appeal, and
within twenty days thereafter the school board shall at its
expense file the complete transcript of the evidence and the
papers and exhibits relating to the decision complained of, all
properly certified to be correct. [1990 c 33 § 398; 1969 ex.s.
c 223 § 28A.58.470. Prior: 1961 c 241 § 4. Formerly RCW
28A.58.470, 28.58.470.]
RCW 28A.405.330 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.340
28A.405.340 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Scope. Any appeal to the superior
court by an employee shall be heard by the superior court
without a jury. Such appeal shall be heard expeditiously. The
superior court's review shall be confined to the verbatim transcript of the hearing and the papers and exhibits admitted into
evidence at the hearing, except that in cases of alleged irregularities in procedure not shown in the transcript or exhibits
and in cases of alleged abridgment of the employee's constitutional free speech rights, the court may take additional testimony on the alleged procedural irregularities or abridgment
of free speech rights. The court shall hear oral argument and
receive written briefs offered by the parties.
The court may affirm the decision of the board or hearing officer or remand the case for further proceedings; or it
may reverse the decision if the substantial rights of the
employee may have been prejudiced because the decision
was:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or jurisdiction of
the board or hearing officer; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Clearly erroneous in view of the entire record as submitted and the public policy contained in the act of the legislature authorizing the decision or order; or
(6) Arbitrary or capricious. [1975-'76 2nd ex.s. c 114 §
6; 1969 ex.s. c 34 § 15; 1969 ex.s. c 223 § 28A.58.480. Prior:
1961 c 241 § 5. Formerly RCW 28A.58.480, 28.58.480.]
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
RCW 28A.405.340 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.350
28A.405.350 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Costs, attorney's fee and damages.
If the court enters judgment for the employee, and if the court
finds that the probable cause determination was made in bad
faith or upon insufficient legal grounds, the court in its discretion may award to the employee a reasonable attorneys'
fee for the preparation and trial of his or her appeal, together
with his or her taxable costs in the superior court. If the court
enters judgment for the employee, in addition to ordering the
school board to reinstate or issue a new contract to the
employee, the court may award damages for loss of compensation incurred by the employee by reason of the action of the
school district. [1990 c 33 § 399; 1975-'76 2nd ex.s. c 114 §
7; 1969 ex.s. c 34 § 16; 1969 ex.s. c 223 § 28A.58.490. Prior:
1961 c 241 § 6. Formerly RCW 28A.58.490, 28.58.490.]
(2004 Ed.)
Certificated Employees
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
RCW 28A.405.350 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.360
28A.405.360 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appellate review. Either party to the proceedings in
the superior court may seek appellate review of the decision
as any other civil action. [1988 c 202 § 26; 1971 c 81 § 71;
1969 ex.s. c 223 § 28A.58.500. Prior: 1961 c 241 § 7. Formerly RCW 28A.58.500, 28.58.500.]
Severability—1988 c 202: See note following RCW 2.24.050.
RCW 28A.405.360 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.370
28A.405.370 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Other statutes not applicable. The
provisions of chapter 28A.645 RCW shall not be applicable
to RCW 28A.405.300 through 28A.405.360. [1990 c 33 §
400; 1969 ex.s. c 223 § 28A.58.510. Prior: 1961 c 241 § 8.
Formerly RCW 28A.58.510, 28.58.510.]
RCW 28A.405.370 not applicable to contract renewal of school superintendents: RCW 28A.400.010.
28A.405.380
28A.405.380 Adverse change in contract status of
certificated employee, including nonrenewal of contract—Appeal from—Direct judicial appeal, when. In the
event that an employee, with the exception of a provisional
employee as defined in RCW 28A.405.220, receives a notice
of probable cause pursuant to RCW 28A.405.300 or
28A.405.210 stating that by reason of a lack of sufficient
funds or loss of levy election the employment contract of
such employee should not be renewed for the next ensuing
school term or that the same should be adversely affected, the
employee may appeal any said probable cause determination
directly to the superior court of the county in which the
school district is located. Such appeal shall be perfected by
serving upon the secretary of the school board and filing with
the clerk of the superior court a notice of appeal within ten
days after receiving the probable cause notice. The notice of
appeal shall set forth in a clear and concise manner the action
appealed from. The superior court shall determine whether or
not there was sufficient cause for the action as specified in the
probable cause notice, which cause must be proven by a preponderance of the evidence, and shall base its determination
solely upon the cause or causes stated in the notice of the
employee. The appeal provided in this section shall be tried
as an ordinary civil action: PROVIDED, That the board of
directors' determination of priorities for the expenditure of
funds shall be subject to superior court review pursuant to the
standards set forth in RCW 28A.405.340: PROVIDED FURTHER, That the provisions of RCW 28A.405.350 and
28A.405.360 shall be applicable thereto. [1990 c 33 § 401;
1975-'76 2nd ex.s. c 114 § 8; 1973 c 49 § 3; 1969 ex.s. c 34 §
18. Formerly RCW 28A.58.515.]
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
RCW 28A.405.380 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
(2004 Ed.)
28A.405.470
SALARY AND COMPENSATION
28A.405.400
28A.405.400 Payroll deductions authorized for
employees. In addition to other deductions permitted by law,
any person authorized to disburse funds in payment of salaries or wages to employees of school districts, upon written
request of at least ten percent of the employees, shall make
deductions as they authorize, subject to the limitations of district equipment or personnel. Any person authorized to disburse funds shall not be required to make other deductions for
employees if fewer than ten percent of the employees make
the request for the same payee. Moneys so deducted shall be
paid or applied monthly by the school district for the purposes specified by the employee. The employer may not
derive any financial benefit from such deductions. A deduction authorized before July 28, 1991, shall be subject to the
law in effect at the time the deduction was authorized. [1991
c 116 § 18; 1972 ex.s. c 39 § 1. Formerly RCW 28A.67.095.]
28A.405.410
28A.405.410 Payroll deductions authorized for certificated employees —Savin gs . No th ing in R CW
28A.405.400 shall be construed to annul or modify any lawful agreement heretofore entered into between any school
district and any representative of its employees or other existing lawful agreements and obligations in effect on May 23,
1972. [1990 c 33 § 402; 1972 ex.s. c 39 § 2. Formerly RCW
28A.67.096.]
MISCELLANEOUS PROVISIONS
28A.405.460
28A.405.460 Lunch period for certificated employees. All certificated employees of school districts shall be
allowed a reasonable lunch period of not less than thirty continuous minutes per day during the regular school lunch periods and during which they shall have no assigned duties:
PROVIDED, That local districts may work out other arrangements with the consent of all affected parties. [1995 c 335 §
702; 1991 c 116 § 15; 1969 ex.s. c 223 § 28A.58.275. Prior:
1965 c 18 § 1. Formerly RCW 28A.58.275, 28.58.275.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.405.465
28A.405.465 Use of classified personnel to supervise
in noninstructional activities. Any school district may
employ classified personnel to supervise school children in
noninstructional activities, and in instructional activities
while under the supervision of a certificated employee.
[1997 c 13 § 13; 1991 c 116 § 16.]
TERMINATION OF CERTIFICATED STAFF
28A.405.470
28A.405.470 Crimes against children—Mandatory
termination of certified employees—Appeal. The school
district shall immediately terminate the employment of any
person whose certificate or permit authorized under chapter
28A.405 or 28A.410 RCW is subject to revocation under
*RCW 28A.410.090(2) upon a guilty plea or conviction of
any felony crime involving the physical neglect of a child
under chapter 9A.42 RCW, the physical injury or death of a
child under chapter 9A.32 or 9A.36 RCW (except motor
[Title 28A RCW—page 171]
28A.405.900
Title 28A RCW: Common School Provisions
vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9.68A RCW, sexual offenses
under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW,
the sale or purchase of a minor child under RCW 9A.64.030,
or violation of similar laws of another jurisdiction. Employment shall remain terminated unless the employee successfully prevails on appeal. This section shall only apply to
employees holding a certificate or permit who have contact
with children during the course of their employment. [1990 c
33 § 405; 1989 c 320 § 5. Formerly RCW 28A.58.1003.]
*Reviser's note: RCW 28A.410.090 was amended by 2004 c 134 § 2,
changing subsection (2) to subsection (3).
Severability—1989 c 320: See note following RCW 28A.410.090.
28A.405.900
28A.405.900 Certain certificated employees exempt
from chapter provisions. Certificated employees subject to
the provisions of RCW 28A.310.250, 28A.405.100,
28A.405.210, and 28A.405.220 shall not include those certificated employees hired to replace certificated employees who
have been granted sabbatical, regular, or other leave by
school districts, and shall not include retirees hired for postretirement employment under the provisions of chapter 10,
Laws of 2001 2nd sp. sess.
It is not the intention of the legislature that this section
apply to any regularly hired certificated employee or that the
legal or constitutional rights of such employee be limited,
abridged, or abrogated. [2002 c 26 § 1; 2001 2nd sp.s. c 10 §
2; 1990 c 33 § 404; 1972 ex.s. c 142 § 3. Formerly RCW
28A.67.900.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
Chapter 28A.410
Chapter 28A.410 RCW
CERTIFICATION
Sections
28A.410.010 Certification—State board duty—Rules and regulations—
Record check—Lapsed certificates—Superintendent of
public instruction as administrator.
28A.410.025 Qualifications—Certificate or permit required.
28A.410.032 Qualifications—Teachers of visually impaired—Rules.
28A.410.035 Qualifications—Coursework on issues of abuse.
28A.410.040 Initial-level certificates.
28A.410.050 Baccalaureate and masters degree equivalency requirements
for vocational instructors—Rules.
28A.410.060 Fee for certification—Disposition.
28A.410.070 Registration of certificates.
28A.410.080 School year—For certification or qualification purposes.
28A.410.090 Revocation or suspension of certificate or permit to teach—
Investigation by superintendent of public instruction—
Written complaints—Mandatory revocation for crimes
against children.
28A.410.095 Violation or noncompliance—Investigatory powers of superintendent of public instruction—Requirements for investigation of alleged sexual misconduct towards a child—
Court orders—Contempt—Written findings required.
28A.410.100 Revocation of authority to teach—Hearings and appeals.
28A.410.105 Certificate or permit suspension—Nonpayment or default on
educational loan or scholarship.
28A.410.106 Certificate or permit suspension—Noncompliance with support order—Reissuance.
28A.410.108 Reporting disciplinary actions to national clearinghouse.
28A.410.110 Limitation on reinstatement after revocation—Reinstatement
prohibited for crimes against children.
28A.410.120 Professional certification not to be required of superintendents, deputy or assistant superintendents.
28A.410.200 Washington professional educator standards board—Creation—Membership—Executive director.
[Title 28A RCW—page 172]
28A.410.210 Washington professional educator standards board—Powers
and duties.
28A.410.220 Washington professional educator standards board—Basic
skills assessment—Assessment of subject knowledge—
Administration of section—Rule-making authority.
28A.410.230 Washington professional educator standards board—Review
of proposed assessments before implementation.
28A.410.240 Washington professional educator standards board—
Reports.
28A.410.010
28A.410.010 Certification—State board duty—Rules
and regulations—Record check—Lapsed certificates—
Superintendent of public instruction as administrator.
The state board of education shall establish, publish, and
enforce rules and regulations determining eligibility for and
certification of personnel employed in the common schools
of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates
or permits as the board shall deem proper or as otherwise prescribed by law. The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at
the applicant's expense. The record check shall include a fingerprint check using a complete Washington state criminal
identification fingerprint card. The superintendent of public
instruction may waive the record check for any applicant who
has had a record check within the two years before application. The rules shall permit a holder of a lapsed certificate but
not a revoked or suspended certificate to be employed on a
conditional basis by a school district with the requirement
that the holder must complete any certificate renewal requirements established by the state board of education within two
years of initial reemployment.
In establishing rules pertaining to the qualifications of
instructors of American sign language the state board shall
consult with the national association of the deaf, "sign
instructors guidance network" (s.i.g.n.), and the Washington
state association of the deaf for evaluation and certification of
sign language instructors.
The superintendent of public instruction shall act as the
administrator of any such rules and regulations and have the
power to issue any certificates or permits and revoke the
same in accordance with board rules and regulations. [2001
c 263 § 1. Prior: 1992 c 159 § 3; 1992 c 60 § 2; prior: 1988
c 172 § 3; 1988 c 97 § 1; 1987 c 486 § 8; 1975-'76 2nd ex.s.
c 92 § 2; 1969 ex.s. c 223 § 28A.70.005. Formerly RCW
28A.70.005.]
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1988 c 97: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1988 c 97 § 3.]
Severability—1975-'76 2nd ex.s. c 92: See note following RCW
28A.305.130.
28A.410.025
28A.410.025 Qualifications—Certificate or permit
required. No person shall be accounted as a qualified
teacher within the meaning of the school law who is not the
holder of a valid teacher's certificate or permit issued by lawful authority of this state. [1969 ex.s. c 223 § 28A.67.010.
Prior: 1909 c 97 p 306 § 1; RRS § 4844; prior: 1907 c 240 §
6; 1897 c 118 § 51; 1891 c 127 § 14; 1890 p 369 § 37; 1886
(2004 Ed.)
Certification
p 18 § 47; 1873 p 430 § 15. Formerly RCW 28A.405.010,
28A.67.010, 28.67.010.]
28A.410.032 Qualifications—Teachers of visually
impaired—Rules. Teachers of visually impaired students
shall be qualified according to rules adopted by the state
board of education. [1996 c 135 § 4.]
28A.410.032
Reviser's note: 1996 c 135 directed that this section be added to chapter 28A.405 RCW. However, the code reviser has determined that it is more
appropriate to codify this section as part of chapter 28A.410 RCW.
Findings—1996 c 135: See note following RCW 28A.155.105.
28A.410.035 Qualifications—Coursework on issues
of abuse. To receive initial certification as a teacher in this
state after August 31, 1991, an applicant shall have successfully completed a course on issues of abuse. The content of
the course shall discuss the identification of physical, emotional, sexual, and substance abuse, information on the
impact of abuse on the behavior and learning abilities of students, discussion of the responsibilities of a teacher to report
abuse or provide assistance to students who are the victims of
abuse, and methods for teaching students about abuse of all
types and their prevention. [1990 c 90 § 1. Formerly RCW
28A.405.025.]
28A.410.035
28A.410.040 Initial-level certificates. The state board
of education shall adopt rules providing that, except as provided in this section, all individuals qualifying for an initiallevel teaching certificate after August 31, 1992, shall possess
a baccalaureate degree in the arts, sciences, and/or humanities and have fulfilled the requirements for teacher certification pursuant to RCW 28A.305.130 (1) and (2). However,
candidates for grades preschool through eight certificates
shall have fulfilled the requirements for a major as part of
their baccalaureate degree. If the major is in early childhood
education, elementary education, or special education, the
candidate must have at least thirty quarter hours or twenty
semester hours in one academic field. [1992 c 141 § 101;
1990 c 33 § 406. Prior: 1989 c 402 § 1; 1989 c 29 § 1; 1987
c 525 § 212. Formerly RCW 28A.70.040.]
28A.410.040
Findings—1992 c 141: "The legislature finds that the educational
needs of students when they leave the public school system has [have]
increased dramatically in the past two decades. If young people are to prosper in our democracy and if our nation is to grow economically, it is imperative that the overall level of learning achieved by students be significantly
increased.
To achieve this higher level of learning, the legislature finds that the
state of Washington needs to develop a performance-based school system.
Instead of maintaining burdensome state accountability laws and rules that
dictate educational offerings, the state needs to hold schools accountable for
their performance based on what their students learn.
The legislature further finds moving toward a performance-based
accountability system will require repealing state laws and rules that inhibit
the freedom of school boards and professional educators to carry out their
work, and also will require that significantly more decisions be made at the
school district and school building levels. In addition, it will be necessary to
set high expectations for students, to identify what is expected of all students,
and to develop a rigorous academic assessment system to determine if these
expectations have been achieved.
The legislature further finds that the governor's council on education
reform and funding will, by December 1992, identify broad student learning
goals. Subject to decisions made by the 1993 legislature, the legislature finds
that it is critical that an organization be established to continue the council's
work in identifying necessary student skills and knowledge, to develop student assessment and school accountability systems, and to take other steps
necessary to develop a performance-based education system.
(2004 Ed.)
28A.410.060
The legislature further finds that there is a need for high quality professional development as the state implements a performance-based system.
Professional development must be available to schools and school districts to
maintain quality control and to assure access to proven research on effective
teaching." [1992 c 141 § 1.]
Part headings—1992 c 141: "Part headings as used in this act constitute no part of the law." [1992 c 141 § 601.]
Severability—1992 c 141: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1992 c 141 § 602.]
Intent—1987 c 525 §§ 201-233: "The legislature intends to enhance
the education of the state's youth by improving the quality of teaching. The
legislature intends to establish a framework for teacher and principal preparation programs and to recognize teaching as a profession.
The legislature finds that the quality of teacher preparation programs is
enhanced when a planned, sequenced approach is used that provides for the
application of practice to academic course work.
The legislature supports better integration of the elements of teacher
preparation programs including knowledge of subject matter, teaching methods, and actual teaching experiences.
The legislature finds that establishing: (1) A teaching internship program; (2) a post-baccalaureate program resulting in a masters degree; (3)
stronger requirements for earning principal credentials; and (4) a review of
the preparation standards for school principals and educational staff associates are appropriate next steps in enhancing the quality of educational personnel in Washington." [1987 c 525 § 201.]
Short title—1987 c 525 §§ 202-233: "Sections 202 through 233 of this
act shall be known as the professional educator excellence act of 1987."
[1987 c 525 § 234.]
Severability—1987 c 525: See note following RCW 28A.300.050.
28A.410.050
28A.410.050 Baccalaureate and masters degree
equivalency requirements for vocational instructors—
Rules. The state board of education shall develop and adopt
rules establishing baccalaureate and masters degree equivalency standards for vocational instructors performing instructional duties and acquiring certification after August 31,
1992. [1992 c 141 § 102; 1989 c 29 § 2; 1987 c 525 § 215.
Formerly RCW 28A.70.042.]
Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040.
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Severability—1987 c 525: See note following RCW 28A.300.050.
28A.410.060
28A.410.060 Fee for certification—Disposition. The
fee for any certificate, or any renewal thereof, issued by the
authority of the state of Washington, and authorizing the
holder to teach or perform other professional duties in the
public schools of the state shall be not less than one dollar or
such reasonable fee therefor as the state board of education
by rule or regulation shall deem necessary therefor. The fee
must accompany the application and cannot be refunded
unless the application is withdrawn before it is finally considered. The educational service district superintendent, or other
official authorized to receive such fee, shall within thirty days
transmit the same to the treasurer of the county in which the
office of the educational service district superintendent is
located, to be by him or her placed to the credit of said school
district or educational service district: PROVIDED, That if
any school district collecting fees for the certification of professional staff does not hold a professional training institute
separate from the educational service district then all such
[Title 28A RCW—page 173]
28A.410.070
Title 28A RCW: Common School Provisions
moneys shall be placed to the credit of the educational service
district.
Such fees shall be used solely for the purpose of precertification professional preparation, program evaluation, and
professional in-service training programs in accord with rules
and regulations of the state board of education herein authorized. [1990 c 33 § 407; 1975-'76 2nd ex.s. c 92 § 3; 1975-'76
2nd ex.s. c 15 § 17. Prior: 1975 1st ex.s. c 275 § 134; 1975
1st ex.s. c 192 § 1; 1969 ex.s. c 176 § 144; 1969 ex.s. c 223 §
28A.70.110; prior: 1965 c 139 § 20; 1909 c 97 p 336 § 3;
RRS § 4968; prior: 1897 c 118 § 142. Formerly RCW
28A.70.110, 28.70.110, 28.70.120.]
Severability—1975-'76 2nd ex.s. c 92: See note following RCW
28A.305.130.
Severability—1975 1st ex.s. c 192: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975 1st ex.s. c 192 § 3.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.410.070
28A.410.070 Registration of certificates. All certificates issued by the superintendent of public instruction shall
be valid and entitle the holder thereof to employment in any
school district of the state upon being registered by the school
district if designated to do so by the school district, which fact
shall be evidenced on the certificate in the words, "Registered
for use in . . . . . . district," together with the date of registry,
and an official signature of the person registering the same:
PROVIDED, That a copy of the original certificate duly certified by the superintendent of public instruction may be used
for the purpose of registry and endorsement in lieu of the
original. [1983 c 56 § 12; 1975-'76 2nd ex.s. c 92 § 4; 1975
1st ex.s. c 275 § 135; 1971 c 48 § 50; 1969 ex.s. c 223 §
28A.70.130. Prior: 1909 c 97 p 338 § 11; RRS § 4976; prior:
1897 c 118 § 147. Formerly RCW 28A.70.130, 28.70.130.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1975-'76 2nd ex.s. c 92: See note following RCW
28A.305.130.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.410.080
28A.410.080 School year—For certification or qualification purposes. The school year for all matters pertaining
to teacher certification or for computing experience in teaching shall consist of not fewer than one hundred eighty school
days. [1969 ex.s. c 223 § 28A.01.025. Prior: 1909 c 97 p 262
§ 3, part; RRS § 4687, part; prior: 1903 c 104 § 22, part. Formerly RCW 28A.01.025, 28.01.010, part.]
28A.410.090
28A.410.090 Revocation or suspension of certificate
or permit to teach—Investigation by superintendent of
public instruction—Written complaints—Mandatory
revocation for crimes against children. (1) Any certificate
or permit authorized under the provisions of this chapter,
chapter 28A.405 RCW, or rules promulgated thereunder may
be revoked or suspended by the authority authorized to grant
the same based upon a criminal records report authorized by
law, or upon the complaint of any school district superintendent, educational service district superintendent, or private
school administrator for immorality, violation of written con[Title 28A RCW—page 174]
tract, unprofessional conduct, intemperance, or crime against
the law of the state.
If the superintendent of public instruction has reasonable
cause to believe that an alleged violation of this chapter or
rules adopted under it has occurred based on a written complaint alleging physical abuse or sexual misconduct by a certificated school employee filed by a parent or another person,
but no complaint has been forwarded to the superintendent by
a school district superintendent, educational service district
superintendent, or private school administrator, and that a
school district superintendent, educational service district
superintendent, or private school administrator has sufficient
notice of the alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an
investigation to be made of the alleged violation, together
with such other matters that may be disclosed in the course of
the investigation related to certificated personnel.
(2) A parent or another person may file a written complaint with the superintendent of public instruction alleging
physical abuse or sexual misconduct by a certificated school
employee if:
(a) The parent or other person has already filed a written
complaint with the educational service district superintendent
concerning that employee;
(b) The educational service district superintendent has
not caused an investigation of the allegations and has not forwarded the complaint to the superintendent of public instruction for investigation; and
(c) The written complaint states the grounds and factual
basis upon which the parent or other person believes an
investigation should be conducted.
(3) Any such certificate or permit authorized under this
chapter or chapter 28A.405 RCW shall be revoked by the
authority authorized to grant the certificate upon a guilty plea
or the conviction of any felony crime involving the physical
neglect of a child under chapter 9A.42 RCW, the physical
injury or death of a child under chapter 9A.32 or 9A.36 RCW
(excepting motor vehicle violations under chapter 46.61
RCW), sexual exploitation of a child under chapter 9.68A
RCW, sexual offenses under chapter 9A.44 RCW where a
minor is the victim, promoting prostitution of a minor under
chapter 9A.88 RCW, the sale or purchase of a minor child
under RCW 9A.64.030, or violation of similar laws of
another jurisdiction. The person whose certificate is in question shall be given an opportunity to be heard. Mandatory
permanent revocation upon a guilty plea or the conviction of
felony crimes specified under this subsection shall apply to
such convictions or guilty pleas which occur after July 23,
1989. Revocation of any certificate or permit authorized
under this chapter or chapter 28A.405 RCW for a guilty plea
or criminal conviction occurring prior to July 23, 1989, shall
be subject to the provisions of subsection (1) of this section.
[2004 c 134 § 2; 1996 c 126 § 2; 1992 c 159 § 4; 1990 c 33 §
408; 1989 c 320 § 1; 1975 1st ex.s. c 275 § 137; 1974 ex.s. c
55 § 2; 1971 c 48 § 51; 1969 ex.s. c 223 § 28A.70.160. Prior:
1909 c 97 p 345 § 1; RRS § 4992; prior: 1897 c 118 § 148.
Formerly RCW 28A.70.160, 28.70.160.]
Effective date—1996 c 126: See note following RCW 28A.400.305.
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1989 c 320: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
(2004 Ed.)
Certification
the application of the provision to other persons or circumstances is not
affected." [1989 c 320 § 7.]
Severability—1971 c 48: See note following RCW 28A.305.040.
Crimes against children—Notification of conviction or guilty plea of school
employee: RCW 43.43.845.
28A.410.095
28A.410.095 Violation or noncompliance—Investigatory powers of superintendent of public instruction—
Requirements for investigation of alleged sexual misconduct towards a child—Court orders—Contempt—Written findings required. (1) The superintendent of public
instruction may initiate and conduct investigations as may be
reasonably necessary to establish the existence of any alleged
violations of or noncompliance with this chapter or any rules
adopted under it. For the purpose of any investigation or proceeding under this chapter, the superintendent or any officer
designated by the superintendent may administer oaths and
affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any
books, papers, correspondence, memoranda, agreements, or
other documents or records that the superintendent deems relevant and material to the inquiry.
(2) Investigations conducted by the superintendent of
public instruction concerning alleged sexual misconduct
towards a child shall be completed within one year of the initiation of the investigation or within thirty days of the completion of all proceedings, including court proceedings,
resulting from an investigation conducted by law enforcement or child protective services if there is such an investigation. The superintendent of public instruction may take, for
reasonable cause, additional time for completion of the investigation after informing the victim, the individual being
investigated, and the school district that employs the individual being investigated of the reasons additional time is
needed and the amount of additional time needed. Written
notification must be provided to each of the parties who must
be informed. The sole remedy for a failure to complete an
investigation of sexual misconduct within the time allowed
by this subsection is a civil penalty of fifty dollars per day for
each day beyond the allowed time.
(3) If any person fails to obey a subpoena or obeys a subpoena but refuses to give evidence, any court of competent
jurisdiction, upon application by the superintendent, may
issue to that person an order requiring him or her to appear
before the court and to show cause why he or she should not
be compelled to obey the subpoena, and give evidence material to the matter under investigation. The failure to obey an
order of the court may be punishable as contempt.
(4) Once an investigation has been initiated by the superintendent of public instruction, the investigation shall be
completed regardless of whether the individual being investigated has resigned his or her position or allowed his or her
teaching certificate to lapse. The superintendent shall make a
written finding regarding each investigation indicating the
actions taken, including a statement of the reasons why a
complaint was dismissed or did not warrant further investigation or action by the superintendent, and shall provide such
notice to each person who filed the complaint. Written findings under this section are subject to public disclosure under
chapter 42.17 RCW.
(2004 Ed.)
28A.410.106
(5) An investigation into sexual or physical abuse of a
student by a school employee shall only be initiated by the
superintendent of public instruction after the superintendent
of public instruction verifies that the incident has been
reported to the proper law enforcement agency or the department of social and health services as required under RCW
26.44.030. [2004 c 134 § 1; 1992 c 159 § 5.]
Findings—1992 c 159: See note following RCW 28A.400.303.
28A.410.100
28A.410.100 Revocation of authority to teach—
Hearings and appeals. Any teacher whose certificate to
teach has been questioned under RCW 28A.410.090 shall
have a right to be heard by the issuing authority before his or
her certificate is revoked. Any teacher whose certificate to
teach has been revoked shall have a right of appeal to the state
board of education if notice of appeal is given by written affidavit to the board within thirty days after the certificate is
revoked.
An appeal to the state board of education within the time
specified shall operate as a stay of revocation proceedings
until the next regular or special meeting of said board and
until the board's decision has been rendered. [1992 c 159 § 6;
1990 c 33 § 409; 1975 1st ex.s. c 275 § 138; 1971 c 48 § 52;
1969 ex.s. c 223 § 28A.70.170. Prior: 1909 c 97 p 346 § 3;
RRS § 4994. Formerly RCW 28A.70.170, 28.70.170.]
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.410.105
28A.410.105 Certificate or permit suspension—Nonpayment or default on educational loan or scholarship.
The authorizing authority shall suspend the certificate or permit of any person who has been certified by a lending agency
and reported to the authorizing authority for nonpayment or
default on a federally or state-guaranteed educational loan or
service-conditional scholarship. Prior to the suspension, the
agency must provide the person an opportunity for a brief
adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on a
federally or state-guaranteed educational loan or service-conditional scholarship. The person's certificate or permit shall
not be reissued until the person provides the authorizing
authority a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending
agency. If the person has continued to meet all other requirements for certification or permit during the suspension, reinstatement shall be automatic upon receipt of the notice and
payment of any reinstatement fee the authorizing authority
may impose. [1996 c 293 § 27.]
Severability—1996 c 293: See note following RCW 18.04.420.
28A.410.106
28A.410.106 Certificate or permit suspension—Noncompliance with support order—Reissuance. Any certificate or permit authorized under this chapter or chapter
28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if the department of
social and health services certifies that the person is not in
compliance with a support order or a *residential or visitation
order as provided in RCW 74.20A.320. If the person continues to meet other requirements for reinstatement during the
[Title 28A RCW—page 175]
28A.410.108
Title 28A RCW: Common School Provisions
suspension, reissuance of the certificate or permit shall be
automatic after the person provides the authority a release
issued by the department of social and health services stating
that the person is in compliance with the order. [1997 c 58 §
842.]
local school district by that district's board of directors, or any
person hired in any manner to fill a position designated as, or
which is, in fact, deputy superintendent, or assistant superintendent. [1990 c 33 § 411; 1975 1st ex.s. c 254 § 3. Formerly
RCW 28A.02.260.]
*Reviser's note: 1997 c 58 § 887 requiring a court to order certification
of noncompliance with residential provisions of a court-ordered parenting
plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See
RCW 74.20A.320.
Severability—1975 1st ex.s. c 254: "If any provision of this 1975
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 254 § 4.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
28A.410.108
28A.410.108 Reporting disciplinary actions to
national clearinghouse. For the purposes of reporting disciplinary actions taken against certificated staff to other states
via a national data base used by the office of the superintendent of public instruction, the following actions shall be
reported: Suspension, surrender, revocation, denial, stayed
suspension, reinstatement, and any written reprimand related
to abuse and sexual misconduct. These actions will only be
reported to the extent that they are accepted by the national
clearinghouse, but if there are categories not included, the
office of the superintendent of public instruction shall seek
modification to the national clearinghouse format. [2004 c
29 § 4.]
Findings—2004 c 29: See note following RCW 28A.400.301.
28A.410.110
28A.410.110 Limitation on reinstatement after revocation—Reinstatement prohibited for crimes against children. In case any certificate or permit authorized under this
chapter or chapter 28A.405 RCW is revoked, the holder shall
not be eligible to receive another certificate or permit for a
period of twelve months after the date of revocation. However, if the certificate or permit authorized under this chapter
or chapter 28A.405 RCW was revoked because of a guilty
plea or the conviction of a felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical
injury or death of a child under chapter 9A.32 or 9A.36 RCW
(except motor vehicle violations under chapter 46.61 RCW),
sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the
victim, promoting prostitution of a minor under chapter
9A.88 RCW, the sale or purchase of a minor child under
RCW 9A.64.030, or violation of similar laws of another jurisdiction, the certificate or permit shall not be reinstated. [1990
c 33 § 410; 1989 c 320 § 2; 1969 ex.s. c 223 § 28A.70.180.
Prior: 1909 c 97 p 346 § 2; RRS § 4993. Formerly RCW
28A.70.180, 28.70.180.]
Severability—1989 c 320: See note following RCW 28A.410.090.
28A.410.120
28A.410.120 Professional certification not to be
required of superintendents, deputy or assistant superintendents. Notwithstanding any other provision of this title,
the state board of education or superintendent of public
instruction shall not require any professional certification or
other qualifications of any person elected superintendent of a
[Title 28A RCW—page 176]
28A.410.200
28A.410.200 Washington professional educator standards board—Creation—Membership—Executive director. (1)(a) The Washington professional educator standards
board is created, consisting of twenty members to be
appointed by the governor to four-year terms and the superintendent of public instruction, who shall be an ex officio, nonvoting member.
(b) As the four-year terms of the first appointees expire
or vacancies to the board occur for the first time, the governor
shall appoint or reappoint the members of the board to oneyear to four-year staggered terms. Once the one-year to
three-year terms expire, all subsequent terms shall be for four
years, with the terms expiring on June 30th of the applicable
year. The terms shall be staggered in such a way that, where
possible, the terms of members representing a specific group
do not expire simultaneously.
(c) No person may serve as a member of the board for
more than two consecutive full four-year terms.
(d) The governor shall annually appoint the chair of the
board from among the teachers and principals on the board.
No board member may serve as chair for more than two consecutive years.
(2) Seven of the members shall be public school teachers, one shall be a private school teacher, three shall represent
higher education educator preparation programs, four shall
be school administrators, two shall be educational staff associates, one shall be a classified employee who assists in public school student instruction, one shall be a parent, and one
shall be a member of the public.
(3) Public school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a
Washington public school;
(b) Be currently certificated and actively employed in a
teaching position; and
(c) Include one teacher currently teaching at the elementary school level, one at the middle school level, one at the
high school level, and one vocationally certificated.
(4) Private school teachers appointed to the board must:
(a) Have at least three years of teaching experience in a
Washington approved private school; and
(b) Be currently certificated and actively employed in a
teaching position in an approved private school.
(5) Appointees from higher education educator preparation programs must include two representatives from institutions of higher education as defined in RCW 28B.10.016 and
one representative from an institution of higher education as
defined in RCW 28B.07.020(4).
(6) School administrators appointed to the board must:
(a) Have at least three years of administrative experience
in a Washington public school district;
(2004 Ed.)
Certification
(b) Be currently certificated and actively employed in a
school administrator position; and
(c) Include two public school principals, one Washington approved private school principal, and one superintendent.
(7) Educational staff associates appointed to the board
must:
(a) Have at least three years of educational staff associate
experience in a Washington public school district; and
(b) Be currently certificated and actively employed in an
educational staff associate position.
(8) Public school classified employees appointed to the
board must:
(a) Have at least three years of experience in assisting in
the instruction of students in a Washington public school; and
(b) Be currently employed in a position that requires the
employee to assist in the instruction of students.
(9) Each major caucus of the house of representatives
and the senate shall submit a list of at least one public school
teacher. In making the public school teacher appointments,
the governor shall select one nominee from each list provided
by each caucus. The governor shall appoint the remaining
members of the board from a list of qualified nominees submitted to the governor by organizations representative of the
constituencies of the board, from applications from other
qualified individuals, or from both nominees and applicants.
(10) All appointments to the board made by the governor
shall be subject to confirmation by the senate.
(11) The governor shall appoint the members of the initial board no later than June 1, 2000.
(12) In appointing board members, the governor shall
consider the diversity of the population of the state.
(13) Each member of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses incurred in carrying out the duties of the
board in accordance with RCW 43.03.050 and 43.03.060.
(14) The governor may remove a member of the board
for neglect of duty, misconduct, malfeasance or misfeasance
in office, or for incompetency or unprofessional conduct as
defined in chapter 18.130 RCW. In such a case, the governor
shall file with the secretary of state a statement of the causes
for and the order of removal from office, and the secretary of
state shall send a certified copy of the statement of causes and
order of removal to the last known post office address of the
member.
(15) If a vacancy occurs on the board, the governor shall
appoint a replacement member from the nominees as specified in subsection (9) of this section to fill the remainder of
the unexpired term. When filling a vacancy of a member
nominated by a major caucus of the legislature, the governor
shall select the new member from a list of at least one name
submitted by the same caucus that provided the list from
which the retiring member was appointed.
(16) Members of the board shall hire an executive director and an administrative assistant to reside in the office of
the superintendent of public instruction for administrative
purposes only. [2003 1st sp.s. c 22 § 1; 2002 c 92 § 1; 2000
c 39 § 102.]
Findings—2000 c 39: "The legislature finds and declares:
(1) Creation of a public body whose focus is educator quality would be
likely to bring greater focus and attention to the profession;
(2004 Ed.)
28A.410.220
(2) Professional educator standards boards are consumer protection
boards, establishing assessment policies to ensure the public that its new
practitioners have the knowledge to be competent;
(3) The highest possible standards for all educators are essential in
ensuring attainment of high academic standards by all students;
(4) Teacher assessment for certification can guard against admission to
the teaching profession of persons who have not demonstrated that they are
knowledgeable in the subjects they will be assigned to teach; and
(5) Teacher assessment for certification should be implemented as an
additional element to the system of teacher preparation and certification."
[2000 c 39 § 101.]
Part headings and section captions not law—2000 c 39: "Part headings and section captions used in this act are not any part of the law." [2000
c 39 § 301.]
28A.410.210
28A.410.210 Washington professional educator standards board—Powers and duties. The Washington professional educator standards board shall:
(1) Serve as an advisory body to the superintendent of
public instruction and as the sole advisory body to the state
board of education on issues related to educator recruitment,
hiring, preparation, certification including high quality alternative routes to certification, mentoring and support, professional growth, retention, governance, prospective teacher
pedagogy assessment, prospective principal assessment, educator evaluation including but not limited to peer evaluation,
and revocation and suspension of licensure;
(2) Submit annual reports and recommendations, beginning December 1, 2000, to the governor, the education and
fiscal committees of the legislature, the state board of education, and the superintendent of public instruction concerning
duties and activities within the board's advisory capacity. The
Washington professional educator standards board shall submit a separate report by December 1, 2000, to the governor,
the education and fiscal committees of the legislature, the
state board of education, and the superintendent of public
instruction providing recommendations for at least two high
quality alternative routes to teacher certification. In its deliberations, the board shall consider at least one route that permits persons with substantial subject matter expertise to
achieve residency certification through an on-the-job training
program provided by a school district; and
(3) Establish the prospective teacher assessment system
for basic skills and subject knowledge that shall be required
to obtain residency certification pursuant to RCW
28A.410.220 through 28A.410.240. [2000 c 39 § 103.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.220
28A.410.220 Washington professional educator standards board—Basic skills assessment—Assessment of
subject knowledge—Administration of section—Rulemaking authority. (1)(a) Beginning not later than September 1, 2001, the Washington professional educator standards
board shall make available and pilot a means of assessing an
applicant's knowledge in the basic skills. For the purposes of
this section, "basic skills" means the subjects of at least reading, writing, and mathematics. Beginning September 1, 2002,
except as provided in (c) of this subsection and subsection (3)
of this section, passing this assessment shall be required for
admission to approved teacher preparation programs and for
persons from out-of-state applying for a Washington state
residency teaching certificate.
[Title 28A RCW—page 177]
28A.410.230
Title 28A RCW: Common School Provisions
(b) On an individual student basis, approved teacher
preparation programs may admit into their programs a candidate who has not achieved the minimum basic skills assessment score established by the Washington professional educator standards board. Individuals so admitted may not
receive residency certification without passing the basic
skills assessment under this section.
(c) The Washington professional educator standards
board may establish criteria to ensure that persons from outof-state who are applying for residency certification and persons applying to master's degree level teacher preparation
programs can demonstrate to the board's satisfaction that they
have the requisite basic skills based upon having completed
another basic skills assessment acceptable to the Washington
professional educator standards board or by some other alternative approved by the Washington professional educator
standards board.
(2) Beginning not later than September 1, 2002, the
Washington professional educator standards board shall provide for the initial piloting and implementation of a means of
assessing an applicant's knowledge in the subjects for which
the applicant has applied for an endorsement to his or her residency or professional teaching certificate. The assessment of
subject knowledge shall not include instructional methodology. Beginning September 1, 2005, passing this assessment
shall be required to receive an endorsement for certification
purposes.
(3) The Washington professional educator standards
board may permit exceptions from the assessment requirements under subsections (1) and (2) of this section on a caseby-case basis.
(4) The Washington professional educator standards
board shall provide for reasonable accommodations for individuals who are required to take the assessments in subsection (1) or (2) of this section if the individuals have learning
or other disabilities.
(5) With the exception of applicants exempt from the
requirements of subsections (1) and (2) of this section, an
applicant must achieve a minimum assessment score or
scores established by the Washington professional educator
standards board on each of the assessments under subsections
(1) and (2) of this section.
(6) The Washington professional educator standards
board and superintendent of public instruction, as determined
by the Washington professional educator standards board,
may contract with one or more third parties for:
(a) The development, purchase, administration, scoring,
and reporting of scores of the assessments established by the
Washington professional educator standards board under
subsections (1) and (2) of this section;
(b) Related clerical and administrative activities; or
(c) Any combination of the purposes in this subsection.
(7) Applicants for admission to a Washington teacher
preparation program and applicants for residency and professional certificates who are required to successfully complete
one or more of the assessments under subsections (1) and (2)
of this section, and who are charged a fee for the assessment
by a third party contracted with under subsection (6) of this
section, shall pay the fee charged by the contractor directly to
the contractor. Such fees shall be reasonably related to the
actual costs of the contractor in providing the assessment.
[Title 28A RCW—page 178]
(8) The superintendent of public instruction is responsible for supervision and providing support services to administer this section.
(9) The Washington professional educator standards
board shall collaboratively select or develop and implement
the assessments and minimum assessment scores required
under this section with the superintendent of public instruction and shall provide opportunities for representatives of
other interested educational organizations to participate in the
selection or development and implementation of such assessments in a manner deemed appropriate by the Washington
professional educator standards board.
(10) The Washington professional educator standards
board shall adopt rules under chapter 34.05 RCW that are
reasonably necessary for the effective and efficient implementation of this section. [2002 c 92 § 2; 2000 c 39 § 201.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.230
28A.410.230 Washington professional educator standards board—Review of proposed assessments before
implementation. The Washington professional educator
standards board shall report the proposed assessments to the
legislative education committees for review and comment
prior to implementing the assessments by contractual agreement with the selected vendor or vendors. [2000 c 39 § 202.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.240
28A.410.240 Washington professional educator standards board—Reports. (1) By December 1, 2003, and
annually thereafter, the Washington professional educator
standards board shall prepare a report that includes the following information:
(a) The range of scores on the basic skills assessment
under RCW 28A.410.220(1) for persons who passed the
assessment and were admitted to a Washington preparation
program; and
(b) The range of scores on the subject assessments under
RCW 28A.410.220(2) for persons who passed the assessments and earned an endorsement.
(2) The information under subsection (1) of this section
shall be reported for the individual public and private colleges and universities in Washington, as well as reported on
an aggregate basis. The report shall also include results disaggregated demographically. The report shall include information on the number and percentage of candidates exempted
from assessments, demographic information on candidates
exempted, institutions attended and endorsements sought by
exempted candidates, and reasons for exclusion from the
required assessments. The report shall be made available
through the state library, on the website of the office of superintendent of public instruction, and placed on the legislative
alert list. [2000 c 39 § 203.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
(2004 Ed.)
Institutes, Workshops, and Training
Chapter 28A.415 RCW
INSTITUTES, WORKSHOPS, AND TRAINING
Chapter 28A.415
(Formerly: Teachers' institutes, workshops, and other in-service training)
Sections
28A.415.010 Center for improvement of teaching—Improvement of teaching coordinating council—Teachers' institutes and workshops.
28A.415.020 Credit on salary schedule for approved in-service training,
continuing education, and internship.
28A.415.023 Credit on salary schedule for approved in-service training,
continuing education, or internship—Course content—
Rules.
28A.415.025 Internship clock hours—Rules.
28A.415.030 In-Service Training Act of 1977—Purpose.
28A.415.040 In-Service Training Act of 1977—Administration of funds—
Rules—Requirements for local districts—In-service training task force.
28A.415.060 Credits for educational staff associates to fulfill continuing
education requirements.
28A.415.100 Student teaching centers—Legislative recognition—Intent.
28A.415.105 Definitions.
28A.415.125 Network of student teaching centers.
28A.415.130 Allocation of funds for student teaching centers.
28A.415.135 Alternative means of teacher placement.
28A.415.140 Field experiences.
28A.415.145 Rules.
28A.415.200 Minority teacher recruitment program—Intent.
28A.415.205 Minority teacher recruitment program.
28A.415.250 Teacher assistance program—Provision for mentor teachers.
28A.415.260 Pilot program using full-time mentor teachers.
28A.415.270 Principal internship support program.
28A.415.280 Superintendent and program administrator internship support
program.
28A.415.300 Rules.
28A.415.310 Paraprofessional training program.
28A.415.330 Professional development institutes—Managing disruptive
students.
28A.415.020
appropriate and there shall be a proper charge against the
educational service district general expense fund when
approved by the educational service district board.
Educational service district boards of contiguous educational service districts, by mutual arrangements, may hold
joint institutes and/or workshops, the expenses to be shared in
proportion to the numbers of certificated personnel as shown
by the last annual reports of the educational service districts
holding such joint institutes or workshops.
In local school districts employing more than one hundred teachers and other professional staff, the school district
superintendent may hold a teachers' institute of one or more
days in such district, said institute when so held by the school
district superintendent to be in all respects governed by the
provisions of this title and state board of education rules and
regulations relating to teachers' institutes held by educational
service district superintendents. [1991 c 285 § 1; 1990 c 33 §
414; 1975-'76 2nd ex.s. c 15 § 18. Prior: 1975 1st ex.s. c 275
§ 139; 1975 1st ex.s. c 192 § 2; 1971 ex.s. c 282 § 31; 1969
ex.s. c 176 § 146; 1969 ex.s. c 223 § 28A.71.100; prior: 1965
c 139 § 21. Formerly RCW 28A.71.100, 28.71.100.]
Severability—1975 1st ex.s. c 192: See note following RCW
28A.410.060.
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Transitional bilingual instruction program—In-service training: RCW
28A.180.040(5).
28A.415.010
28A.415.010 Center for improvement of teaching—
Improvement of teaching coordinating council—Teachers' institutes and workshops. It shall be the responsibility
of each educational service district board to establish a center
for the improvement of teaching. The center shall administer,
coordinate, and act as fiscal agent for such programs related
to the recruitment and training of certificated and classified
K-12 education personnel as may be delegated to the center
by the superintendent of public instruction under RCW
28A.310.470, or the state board of education under RCW
28A.310.480. To assist in these activities, each educational
service district board shall establish an improvement of
teaching coordinating council to include, at a minimum, representatives as specified in RCW 28A.415.040. An existing
in-service training task force, established pursuant to RCW
28A.415.040, may serve as the improvement of teaching
coordinating council. The educational service district board
shall ensure coordination of programs established pursuant to
RCW 28A.415.030, 28A.410.060, and 28A.415.250.
The educational service district board may arrange each
year for the holding of one or more teachers' institutes and/or
workshops for professional staff preparation and in-service
training in such manner and at such time as the board believes
will be of benefit to the teachers and other professional staff
of school districts within the educational service district and
shall comply with rules and regulations of the state board of
education pursuant to RCW 28A.410.060 or the superintendent of public instruction or state board of education pursuant
to RCW 28A.415.250. The board may provide such additional means of teacher and other professional staff preparation and in-service training as it may deem necessary or
(2004 Ed.)
28A.415.020
28A.415.020 Credit on salary schedule for approved
in-service training, continuing education, and internship.
(1) Certificated personnel shall receive for each ten clock
hours of approved in-service training attended the equivalent
of a one credit college quarter course on the salary schedule
developed by the legislative evaluation and accountability
program committee.
(2) Certificated personnel shall receive for each ten clock
hours of approved continuing education earned, as continuing education is defined by rule adopted by the state board of
education, the equivalent of a one credit college quarter
course on the salary schedule developed by the legislative
evaluation and accountability program committee.
(3) Certificated personnel shall receive for each forty
clock hours of participation in an approved internship with a
business, an industry, or government, as an internship is
defined by rule of the state board of education in accordance
with RCW 28A.415.025, the equivalent of a one credit college quarter course on the salary schedule developed by the
legislative evaluation and accountability program committee.
(4) An approved in-service training program shall be a
program approved by a school district board of directors,
which meet standards adopted by the state board of education, and the development of said program has been participated in by an in-service training task force whose membership is the same as provided under RCW 28A.415.040, or a
program offered by an education agency approved to provide
in-service for the purposes of continuing education as provided for under rules adopted by the state board of education,
or both.
[Title 28A RCW—page 179]
28A.415.023
Title 28A RCW: Common School Provisions
(5) Clock hours eligible for application to the salary
schedule developed by the legislative evaluation and
accountability program committee as described in subsections (1) and (2) of this section, shall be those hours acquired
after August 31, 1987. Clock hours eligible for application to
the salary schedule as described in subsection (3) of this section shall be those hours acquired after December 31, 1995.
[1995 c 284 § 2; 1990 c 33 § 415; 1987 c 519 § 1. Formerly
RCW 28A.71.110.]
Findings—1995 c 284: "The legislature finds that if students are to succeed in an increasingly competitive economy, they will need to be taught by
teachers who are aware of the technological innovations and changes that are
occurring throughout business, industry, and government. Having teachers
who are more aware of these changes will lead to improvements in curriculum and instruction, thereby making public schools more relevant to the
future career and personal needs of our students." [1995 c 284 § 1.]
accountability program committee or its successor agency is
limited to the equivalent of fifteen college quarter credits.
[1995 c 284 § 3.]
Findings—1995 c 284: See note following RCW 28A.415.020.
28A.415.030
28A.415.030 In-Service Training Act of 1977—Purpose. In order to provide for the improvement of the instructional process in the public schools and maintain and improve
the skills of public school certificated and classified personnel, there is hereby adopted an act to be known as the "In-Service Training Act of 1977". [1977 ex.s. c 189 § 1. Formerly
RCW 28A.71.200.]
Severability—1977 ex.s. c 189: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 189 § 4.]
28A.415.023
28A.415.023 Credit on salary schedule for approved
in-service training, continuing education, or internship—
Course content—Rules. (1) Credits earned by certificated
instructional staff after September 1, 1995, shall be eligible
for application to the salary schedule developed by the legislative evaluation and accountability program committee only
if the course content:
(a) Is consistent with a school-based plan for mastery of
student learning goals as referenced in *RCW 28A.320.205,
the annual school performance report, for the school in which
the individual is assigned;
(b) Pertains to the individual's current assignment or
expected assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed
by the state board of education;
(d) Is specifically required to obtain advanced levels of
certification; or
(e) Is included in a college or university degree program
that pertains to the individual's current assignment, or potential future assignment, as a certified instructional staff.
(2) For the purpose of this section, "credits" mean college quarter hour credits and equivalent credits for approved
in-service, approved continuing education, or approved
internship hours computed in accordance with RCW
28A.415.020.
(3) The superintendent of public instruction shall adopt
rules and standards consistent with the limits established by
this section for certificated instructional staff. [1997 c 90 §
1.]
*Reviser's note: RCW 28A.320.205 was recodified as RCW
28A.655.110 pursuant to 1999 c 388 § 607.
28A.415.025
28A.415.025 Internship clock hours—Rules. The
state board of education shall establish rules for awarding
clock hours for participation of certificated personnel in
internships with business, industry, or government. To
receive clock hours for an internship, the individual must
demonstrate that the internship will provide beneficial skills
and knowledge in an area directly related to his or her current
assignment, or to his or her assignment for the following
school year. An individual may not receive more than the
equivalent of two college quarter credits for internships during a calendar-year period. The total number of credits for
internships that an individual may earn to advance on the salary schedule developed by the legislative evaluation and
[Title 28A RCW—page 180]
28A.415.040
28A.415.040 In-Service Training Act of 1977—
Administration of funds—Rules—Requirements for local
districts—In-service training task force. The superintendent of public instruction is hereby empowered to administer
funds now or hereafter appropriated for the conduct of in-service training programs for public school certificated and classified personnel and to supervise the conduct of such programs. The superintendent of public instruction shall adopt
rules in accordance with chapter 34.05 RCW that provide for
the allocation of such funds to public school district or educational service district applicants on such conditions and for
such training programs as he or she deems to be in the best
interest of the public school system: PROVIDED, That each
district requesting such funds shall have:
(1) Conducted a district needs assessment, including
plans developed at the building level, to be reviewed and
updated at least every two years, of certificated and classified
personnel to determine identified strengths and weakness of
personnel that would be strengthened by such in-service
training program;
(2) Demonstrate that the plans are consistent with the
goals of basic education;
(3) Established an in-service training task force and demonstrated to the superintendent of public instruction that the
task force has participated in identifying in-service training
needs and goals; and
(4) Demonstrated to the superintendent of public instruction its intention to implement the recommendations of the
needs assessment and thereafter the progress it has made in
providing in-service training as identified in the needs assessment.
The task force required by this section shall be composed
of representatives from the ranks of administrators, building
principals, teachers, classified and support personnel
employed by the applicant school district or educational service district, from the public, and from an institution(s) of
higher education, in such numbers as shall be established by
the school district board of directors or educational service
district board of directors. [1987 c 525 § 301; 1985 c 214 §
1; 1979 c 149 § 10; 1977 ex.s. c 189 § 2. Formerly RCW
28A.71.210.]
Severability—1987 c 525: See note following RCW 28A.630.100.
Severability—1979 c 149: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
(2004 Ed.)
Institutes, Workshops, and Training
the application of the provision to other persons or circumstances is not
affected." [1979 c 149 § 11.]
Seve ra bi li ty—1 977 e x.s. c 189 : Se e no te fo llo wing R CW
28A.300.050.
28A.415.060
28A.415.060 Credits for educational staff associates
to fulfill continuing education requirements. The state
board of education rules for continuing education shall provide that educational staff associates may use credits or clock
hours that satisfy the continuing education requirements for
their state professional licensure, if any, to fulfill the continuing education requirements established by the state board of
education. [1991 c 155 § 1.]
28A.415.100
28A.415.100 Student teaching centers—Legislative
recognition—Intent. (1) The legislature recognizes that:
(a) Strong teacher preparation programs are vital to the
success of the state's entire education system;
(b) Clinical field experiences, particularly student teaching, are critical to the developmental preparation of teacher
candidates and to the success of teacher preparation programs;
(c) Schools, school districts, educational service districts, and institutions of higher education benefit mutually
from cooperative relationships that provide teacher candidates with appropriate, necessary, and successful student
teaching experiences that establish continuity between the
theory and practice of teaching;
(d) Positive student teaching experiences result from the
careful match between cooperating teachers and student
teachers;
(e) Teacher candidates should have student teaching
opportunities and other field experiences that are reflective of
the diversity existing among schools and school districts
statewide; and
(f) School districts statewide should have access to student teachers.
(2) Therefore, in support of quality, professional,
research-based training of prospective teachers, it is the intent
of the legislature to continue its support of evolving partnerships among schools, school districts, educational service
districts, community colleges, and colleges and universities,
that are:
(a) Benefiting the teaching profession;
(b) Enhancing the ability of all new teachers to assume
initial teaching responsibilities with greater confidence and a
higher level of training;
(c) Providing important and positive mentoring opportunities for experienced teachers; and
(d) Strengthening cooperation and communication
between the precollegiate and collegiate sectors of the state
education system. [1991 c 258 § 1.]
28A.415.130
(2) "Cooperating teacher" means a teacher who holds a
continuing certificate and supervises and coaches a student
teacher.
(3) "Field experience" means opportunities for observation, tutoring, microteaching, extended practicums, and clinical and laboratory experiences which do not fall within the
meaning of student teaching.
(4) "School setting" means a classroom in a public, common school in the state of Washington.
(5) "Student teacher" means a candidate for initial
teacher certification who is in a state board of educationapproved, or regionally or nationally accredited teacher preparation program in a school setting as part of the field-based
component of their preparation program.
(6) "Student teaching" means the full quarter or semester
in a school setting during which the student teacher observes
the cooperating teacher, participates in instructional activities, and assumes both part-time and full-time teaching
responsibilities under the supervision of the cooperating
teacher.
(7) "Student teaching center" means the program established to provide student teachers in a geographic region of
the state with special support and training as part of their
teacher preparation program.
(8) "Supervisor or university supervisor" means the regular or adjunct faculty member, or college or universityapproved designee, who assists and supervises the work of
cooperating teachers and student teachers. [1995 c 335 §
403; 1991 c 258 § 2.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.415.125
28A.415.125 Network of student teaching centers.
The state board of education, from appropriated funds, shall
establish a network of student teaching centers to support the
continuing development of the field-based component of
teacher preparation programs. The purpose of the training
centers is to:
(1) Expand opportunities for student teacher placements
in school districts statewide, with an emphasis on those populations and locations that are unserved or underserved;
(2) Provide cooperating teachers for all student teachers
during their student internship for up to two academic quarters;
(3) Enhance the student teaching component of teacher
preparation programs, including a placement of student
teachers in special education and multi-ethnic school settings; and
(4) Expand access to each other and opportunities for
collaboration in teacher education between colleges and universities and school districts. [1991 c 258 § 6.]
28A.415.130
28A.415.105
28A.415.105 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 28A.415.125 through 28A.415.140.
(1) "Cooperating organizations" means that at least one
school district, one college or university, and one educational
service district are involved jointly with the development of a
student teaching center.
(2004 Ed.)
28A.415.130 Allocation of funds for student teaching
centers. Funds for the student teaching centers shall be allocated by the superintendent of public instruction among the
educational service district regions on the basis of student
teaching placements. The fiscal agent for each center shall be
either an educational service district or a state institution of
higher education. Prospective fiscal agents shall document to
the state board of education the following information:
[Title 28A RCW—page 181]
28A.415.135
Title 28A RCW: Common School Provisions
(1) The existing or proposed center was developed
jointly through a process including participation by at least
one school district, one college or university, and one educational service district;
(2) Primary administration for each center shall be the
responsibility of one or more of the cooperating organizations;
(3) Assurance that the training center program provides
appropriate and necessary training in observation, supervision, and assistance skills and techniques for:
(a) Cooperating teachers;
(b) Other school building personnel; and
(c) School district employees. [1991 c 258 § 7.]
28A.415.135
28A.415.135 Alternative means of teacher placement. The student teaching centers shall be an alternative
means of placing teachers into school districts throughout the
state. Nothing in RCW 28A.415.100 through 28A.415.140 or
28A.415.250 precludes a higher education institution that is
not a participant in a training center from placing student
teachers into a district that may be participating formally with
other institutions in a student teaching center program, or
placing student teachers into districts pursuant to an agreement between the institution and district. [1991 c 258 § 8.]
28A.415.140
28A.415.140 Field experiences. Field experiences may
be provided through a student teaching center. The cost of
providing such experiences and opportunities shall be the
sole responsibility of the participants cooperating in the operation of the center. [1991 c 258 § 9.]
28A.415.145
28A.415.145 Rules. The state board of education and
the superintendent of public instruction shall adopt rules as
necessary under chapter 34.05 RCW to carry out the purposes
of RCW 28A.415.100 through 28A.415.140. [1991 c 258 §
10.]
28A.415.200
28A.415.200 Minority teacher recruitment program—Intent. The legislature finds that it is important to
have a teaching force that reflects the rich diversity of the students served in the public schools. The legislature further
finds that certain groups, as characterized by ethnic background, are traditionally underrepresented in the teaching
profession in the state of Washington and that the ethnic
diversity of the student population in the state of Washington
is increasing. The legislature intends to increase the number
of people from underrepresented groups entering our teaching force. [1989 c 146 § 1. Formerly RCW 28A.305.260,
28A.67.250.]
28A.415.205
28A.415.205 Minority teacher recruitment program.
(1) The Washington state minority teacher recruitment program is established. The program shall be administered by
the state board of education. The state board of education
shall consult with the higher education coordinating board,
representatives of institutions of higher education, education
organizations having an interest in teacher recruitment issues,
the superintendent of public instruction, the state board for
community and technical colleges, the department of
employment security, and the work force training and educa[Title 28A RCW—page 182]
tion coordinating board. The program shall be designed to
recruit future teachers from students in the targeted groups
who are in the ninth through twelfth grades and from adults in
the targeted groups who have entered other occupations.
(2) The program shall include the following:
(a) Encouraging students in targeted groups in grades
nine through twelve to acquire the academic and related skills
necessary to prepare for the study of teaching at an institution
of higher education;
(b) Promoting teaching career opportunities to develop
an awareness of opportunities in the education profession;
(c) Providing opportunities for students to experience the
application of regular high school course work to activities
related to a teaching career; and
(d) Providing for increased cooperation among institutions of higher education including community colleges, the
superintendent of public instruction, the state board of education, and local school districts in working toward the goals of
the program. [1991 c 238 § 75; 1989 c 146 § 2. Formerly
RCW 28A.305.270, 28A.67.260.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.415.250
28A.415.250 Teacher assistance program—Provision for mentor teachers. The superintendent of public
instruction shall adopt rules to establish and operate a teacher
assistance program. For the purposes of this section, the
terms "mentor teachers," "beginning teachers," and "experienced teachers" may include any person possessing any one
of the various certificates issued by the superintendent of
public instruction under RCW 28A.410.010. The program
shall provide for:
(1) Assistance by mentor teachers who will provide a
source of continuing and sustained support to beginning
teachers, or experienced teachers who are having difficulties,
or both, both in and outside the classroom. A mentor teacher
may not be involved in evaluations under RCW 28A.405.100
of a teacher who receives assistance from said mentor teacher
under the teacher assistance program established under this
section. The mentor teachers shall also periodically inform
their principals respecting the contents of training sessions
and other program activities;
(2) Stipends for mentor teachers and beginning and
experienced teachers which shall not be deemed compensation for the purposes of salary lid compliance under RCW
28A.400.200: PROVIDED, That stipends shall not be subject to the continuing contract provisions of this title;
(3) Workshops for the training of mentor and beginning
teachers;
(4) The use of substitutes to give mentor teachers, beginning teachers, and experienced teachers opportunities to
jointly observe and evaluate teaching situations and to give
mentor teachers opportunities to observe and assist beginning
and experienced teachers in the classroom;
(5) Mentor teachers who are superior teachers based on
their evaluations, pursuant to RCW *28A.405.010 through
28A.405.240, and who hold valid continuing certificates;
(6) Mentor teachers shall be selected by the district and
may serve as mentors up to and including full time. If a bargaining unit, certified pursuant to RCW 41.59.090 exists
within the district, classroom teachers representing the bar(2004 Ed.)
Institutes, Workshops, and Training
gaining unit shall participate in the mentor teacher selection
process; and
(7) Periodic consultation by the superintendent of public
instruction or the superintendent's designee with representatives of educational organizations and associations, including
educational service districts and public and private institutions of higher education, for the purposes of improving communication and cooperation and program review. [1993 c
336 § 401; 1991 c 116 § 19; 1990 c 33 § 403; 1987 c 507 § 1;
1985 c 399 § 1. Formerly RCW 28A.405.450, 28A.67.240.]
*Reviser's note: RCW 28A.405.010 was recodified as RCW
28A.410.025 pursuant to 1995 c 335 § 305.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Effective date—1987 c 507: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 15,
1987." [1987 c 507 § 4.]
28A.415.260
28A.415.260 Pilot program using full-time mentor
teachers. (1) To the extent specific funds are appropriated
for the pilot program in this section, the superintendent of
public instruction shall establish a pilot program to support
the pairing of full-time mentor teachers with experienced
teachers who are having difficulties and full-time mentor
teachers with beginning teachers under RCW 28A.415.250.
(2) The superintendent of public instruction shall appoint
an oversight committee, which shall include teachers and
administrators from the pilot districts, that shall be involved
in the evaluation of the pilot program under this section.
(3) The superintendent of public instruction shall adopt
rules as necessary under chapter 34.05 RCW to implement
the pilot program established under subsection (1) of this section. [1998 c 245 § 12; 1993 c 336 § 402.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
28A.415.280
shall agree to provide the internship applicant release time
not to exceed the equivalent of forty-five student days by
means of this funding source; and
(d) Educational service districts, with the assistance of
an advisory board, shall select internship participants.
(3) The maximum amount of state funding for each
internship shall not exceed the actual daily rate cost of providing a substitute teacher for the equivalent of forty-five
school days.
(4) Funds appropriated for the principal internship support program shall be allocated by the superintendent of public instruction to the educational service districts based on the
percentage of full-time equivalent public school students
enrolled in school districts in each educational service district. If it is not possible to find qualified candidates within
the educational service district, the positions remain unfilled,
and any unspent funds shall revert to the superintendent of
public instruction for supplementary direct disbursement.
The superintendent of public instruction shall allocate
any remaining unfilled positions and unspent funds among
the educational service districts that have qualified candidates but not enough positions for them.
This subsection does not preclude the superintendent of
public instruction from permitting the affected educational
service districts to make the supplementary selections.
(5) Once principal internship participants have been
selected, the educational service districts shall allocate the
funds to the appropriate school districts. The funds shall be
used to pay for partial release time while the school district
employee is completing the principal internship.
(6) Educational service districts may be reimbursed for
costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction. [1996 c 233 § 1; 1993 c 336 § 404.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.280 Superintendent and program administrator internship support program. (1) To the extent funds
are appropriated, the Washington state superintendent and
program administrator internship support program is created
beginning in the 1994-95 school year. The purpose of the
program is to provide funds to school districts to provide partial release time for district employees who are in a superintendent or program administrator preparation program to
complete an internship with a mentor administrator. Funds
may be used in a variety of ways to accommodate flexible
implementation in releasing the intern to meet program
requirements.
(2) Participants in the superintendent and program
administrator internship support program shall be selected as
follows:
(a) The candidate shall be enrolled in a state boardapproved school district superintendent or program administrator preparation program;
(b) The candidate shall apply in writing to his or her local
school district;
(c) Each school district shall determine which applicants
meet its criteria for participation in the internship support
program and shall notify its educational service district of the
28A.415.280
28A.415.270
28A.415.270 Principal internship support program.
(1) To the extent funds are appropriated, the Washington
state principal internship support program is created beginning in the 1994-95 school year. The purpose of the program
is to provide funds to school districts to provide partial
release time for district employees who are in a principal
preparation program to complete an internship with a mentor
principal. Funds may be used in a variety of ways to accommodate flexible implementation in releasing the intern to
meet program requirements.
(2) Participants in the principal internship support program shall be selected as follows:
(a) The candidate shall be enrolled in a state
board-approved school principal preparation program;
(b) The candidate shall apply in writing to his or her local
school district;
(c) Each school district shall determine which applicants
meet its criteria for participation in the principal internship
support program and shall notify its educational service district of the school district's selected applicants. When submitting the names of applicants, the school district shall identify
a mentor principal for each principal intern applicant, and
(2004 Ed.)
[Title 28A RCW—page 183]
28A.415.300
Title 28A RCW: Common School Provisions
school district's selected applicants. When submitting the
names of applicants, the school district shall identify a mentor administrator for each intern applicant and shall agree to
provide the internship applicant release time not to exceed
the equivalent of forty-five student days by means of this
funding source; and
(d) Educational service districts, with the assistance of
an advisory board, shall select internship participants.
(3)(a) The maximum amount of state funding for each
internship shall not exceed the actual daily rate cost of providing a substitute teacher for the equivalent of forty-five
school days.
(b) Funds appropriated for the internship support program shall be allocated by the superintendent of public
instruction to the educational service districts based on the
percentage of full-time equivalent public school students
enrolled in school districts in each educational service district.
(c) Once internship participants have been selected, the
educational service districts shall allocate the funds to the
appropriate school districts. The funds shall be used to pay
for partial release time while the school district employee is
completing the internship.
(d) If an educational service district has unfilled superintendent or program administrator internship positions, the
positions and unspent funds shall revert to the superintendent
of public instruction for supplementary direct disbursement
among the educational service districts.
The superintendent of public instruction shall allocate
any remaining unfilled positions and unspent funds among
the educational service districts that have qualified candidates but not enough positions for them.
This subsection does not preclude the superintendent of
public instruction from permitting the affected educational
service districts to make the supplementary selections.
(e) Educational service districts may be reimbursed for
costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of public instruction. [1996 c 233 § 2; 1993 c 336 § 405.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.300
28A.415.300 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to administer the principal and superintendent and program administrator internship support programs. [1993 c 336
§ 407.]
Reviser's note: 1993 c 336 directed that this section be added to chapter 28A.300 RCW. This section has been codified in chapter 28A.415 RCW,
which relates more directly to educators' training.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.310
28A.415.310 Paraprofessional training program. (1)
The paraprofessional training program is created. The primary purpose of the program is to provide training for classroom assistants to assist them in helping students achieve the
student learning goals under RCW 28A.150.210. Another
[Title 28A RCW—page 184]
purpose of the program is to provide training to certificated
personnel who work with classroom assistants.
(2) The superintendent of public instruction may allocate
funds, to the extent funds are appropriated for this program,
to educational service districts, school districts, and other
organizations for providing the training in subsection (1) of
this section. [1993 c 336 § 408.]
Reviser's note: 1993 c 336 directed that this section be added to chapter 28A.300 RCW. This section has been codified in chapter 28A.415 RCW,
which relates more directly to educators' training.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.330
28A.415.330 Professional development institutes—
Managing disruptive students. (1) To the extent funds are
appropriated, the superintendent of public instruction shall
conduct professional development institutes to provide
opportunities for teachers, principals, and other school staff
to learn effective research-based strategies for handling disruptive students. The institutes shall be conducted during the
summer of 2000. The training institutes shall emphasize
methods for handling disruptions in regular classrooms and
how to design and implement alternative learning settings
and programs that have been proven to be effective in providing for the educational needs of students who exhibit frequent
and prolonged disruptive behavior when placed in a regular
classroom setting.
(2) The superintendent may enter into contracts with
public or private entities that provide training in effective
research-based methods for dealing with disruptive students.
In developing the institutes, the superintendent shall work
with school staff who have had experience working effectively with disruptive students. The institutes shall be open to
teams of teachers, principals, and other school staff from each
school district choosing to participate. However, as a condition of participating in the institutes, school district teams
shall be required to develop during or immediately following
the institute a district plan for carrying out the purposes of
this section. Elementary schools and junior high and middle
schools in districts that send teams to participate in institutes
conducted under this section are encouraged to formulate
school building-level plans for addressing the educational
needs of disruptive students and the needs of students and
teachers in the regular classrooms for an orderly and disciplined environment that is optimally conducive to learning.
Individual participants in the institutes shall agree to provide
assistance as needed to other school staff in their school
building or school district, consistent with their other normal
duties.
(3) Beginning with the 1999-2000 school year, elementary and junior high schools are encouraged to provide staff
from both the regular education and special education programs opportunities to work together to share successful
practices for managing disruptive students. [1999 c 166 § 2.]
Findings—1999 c 166: "The legislature finds that disruptive students
can significantly impede effective teaching and learning in the classroom.
Training in effective strategies for handling disruptive students will help
principals, teachers, and other staff gain additional skills to provide a classroom environment that is conducive to teaching and learning. Schools and
school districts should be encouraged to provide staff with the training necessary to respond to disruptions effectively." [1999 c 166 § 1.]
(2004 Ed.)
Local Effort Assistance
Chapter 28A.500
Chapter 28A.500 RCW
LOCAL EFFORT ASSISTANCE
Sections
28A.500.010 Local effort assistance funds—Purpose—Not basic education allocation.
28A.500.020 Definitions.
28A.500.030 Allocation of state matching funds—Determination.
28A.500.040 Distribution of funds.
28A.500.900 Effective date—1999 c 317.
28A.500.010
28A.500.010 Local effort assistance funds—Purpose—Not basic education allocation. Commencing with
calendar year 2000, in addition to a school district's other
general fund allocations, each eligible district shall be provided local effort assistance funds. The purpose of these
funds is to mitigate the effect that above average property tax
rates might have on the ability of a school district to raise
local revenues to supplement the state's basic program of
education. These funds serve to equalize the property tax
rates that individual taxpayers would pay for such levies and
to provide tax relief to taxpayers in high tax rate school districts. Such funds are not part of the district's basic education
allocation. [1999 c 317 § 1; 1997 c 259 § 4; 1993 c 410 § 1;
(1993 c 465 § 2 expired December 31, 1995); 1992 c 49 § 2;
1987 1st ex.s. c 2 § 102. Formerly RCW 28A.41.155.]
Funding not related to basic education—1997 c 259: See note following RCW 84.52.0531.
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.500.020
28A.500.020 Definitions. (Expires January 1, 2008.)
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance
shall be allocated.
(b) "Statewide average twelve percent levy rate" means
twelve percent of the total levy bases as defined in RCW
84.52.0531 (3) and (4) summed for all school districts, and
divided by the total assessed valuation for excess levy purposes in the prior tax collection year for all districts as
adjusted to one hundred percent by the county indicated ratio
established in RCW 84.48.075.
(c) The "district's twelve percent levy amount" means the
school district's maximum levy authority after transfers
determined under RCW 84.52.0531(2) (a) through (c)
divided by the district's maximum levy percentage determined under RCW 84.52.0531(5) multiplied by twelve percent.
(d) The "district's twelve percent levy rate" means the
district's twelve percent levy amount divided by the district's
assessed valuation for excess levy purposes for the prior tax
collection year as adjusted to one hundred percent by the
county indicated ratio.
(e) "Districts eligible for local effort assistance" means
those districts with a twelve percent levy rate that exceeds the
statewide average twelve percent levy rate.
(2) Unless otherwise stated all rates, percents, and
amounts are for the calendar year for which local effort assistance is being calculated under this chapter. [2004 c 21 § 1;
1999 c 317 § 2.]
(2004 Ed.)
28A.500.030
Expiration date—2004 c 21: "This act expires January 1, 2008."
[2004 c 21 § 3.]
28A.500.020
28A.500.020 Definitions. (Effective January 1, 2008.)
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance
shall be allocated.
(b) "Statewide average twelve percent levy rate" means
twelve percent of the total levy bases as defined in RCW
84.52.0531(3) summed for all school districts, and divided by
the total assessed valuation for excess levy purposes in the
prior tax collection year for all districts as adjusted to one
hundred percent by the county indicated ratio established in
RCW 84.48.075.
(c) The "district's twelve percent levy amount" means the
school district's maximum levy authority after transfers
determined under RCW 84.52.0531(2) (a) through (c)
divided by the district's maximum levy percentage determined under RCW 84.52.0531(4) multiplied by twelve percent.
(d) The "district's twelve percent levy rate" means the
district's twelve percent levy amount divided by the district's
assessed valuation for excess levy purposes for the prior tax
collection year as adjusted to one hundred percent by the
county indicated ratio.
(e) "Districts eligible for local effort assistance" means
those districts with a twelve percent levy rate that exceeds the
statewide average twelve percent levy rate.
(2) Unless otherwise stated all rates, percents, and
amounts are for the calendar year for which local effort assistance is being calculated under this chapter. [1999 c 317 § 2.]
28A.500.030
28A.500.030 Allocation of state matching funds—
Determination. Allocation of state matching funds to eligible districts for local effort assistance shall be determined as
follows:
(1) Funds raised by the district through maintenance and
operation levies shall be matched with state funds using the
following ratio of state funds to levy funds:
(a) The difference between the district's twelve percent
levy rate and the statewide average twelve percent levy rate;
to
(b) The statewide average twelve percent levy rate.
(2) The maximum amount of state matching funds for
districts eligible for local effort assistance shall be the district's twelve percent levy amount, multiplied by the following percentage:
(a) The difference between the district's twelve percent
levy rate and the statewide average twelve percent levy rate;
divided by
(b) The district's twelve percent levy rate.
(3) Calendar year 2003 allocations and maximum eligibility under this chapter shall be multiplied by 0.99.
(4) From January 1, 2004, to June 30, 2005, allocations
and maximum eligibility under this chapter shall be multiplied by 0.937. [2003 1st sp.s. c 25 § 912; 2002 c 317 § 4;
1999 c 317 § 3.]
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.
[Title 28A RCW—page 185]
28A.500.040
Title 28A RCW: Common School Provisions
Effective date—2002 c 317: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 317 § 6.]
28A.500.040
28A.500.040 Distribution of funds. Local effort assistance funds shall be distributed to qualifying districts as follows:
(1) Thirty percent in April;
(2) Twenty-three percent in May;
(3) Two percent in June;
(4) Seventeen percent in August;
(5) Nine percent in October;
(6) Seventeen percent in November; and
(7) Two percent in December. [1999 c 317 § 4.]
28A.500.900
28A.500.900 Effective date—1999 c 317. This act
takes effect January 1, 2000. [1999 c 317 § 5.]
funds is limited to amounts received in cash or noncash donations plus or minus adjustments for revenue accruals.
(2) "Accrual basis expenditures" mean expenditures
incurred during a given fiscal period, whether paid or unpaid.
(3) "Cash basis expenditures" mean actual disbursements during a given fiscal period except for debt service,
regardless of when liabilities are incurred, or the period of
incurrence of expenditures.
(4) "Cash basis revenue" means actual receipt of revenue
not adjusted for revenue accruals.
(5) "Revenue accruals" means those revenues anticipated to be received in cash after the close of the fiscal period
that represent reimbursement for expenditures incurred by
the end of the fiscal period.
(6) "Appropriation" means the maximum authorization
during a given fiscal period to incur expenditures.
(7) "Disbursements" mean payments in cash, including
but not limited to issuance of warrants. [1983 c 59 § 1;
1975-'76 2nd ex.s. c 118 § 1. Formerly RCW 28A.65.400.]
Chapter 28A.505 RCW
SCHOOL DISTRICTS' BUDGETS
Application—Effective date—1983 c 59: "This act shall apply to
school district budgets, financial statements, and bookkeeping and accounting procedures, practices, and principles beginning with fiscal year 1983-'84
starting September 1, 1983. This act shall take effect September 1, 1983."
[1983 c 59 § 19.]
28A.505.010 Definitions.
28A.505.020 Districts must utilize methods of revenue and expenditure
recognition.
28A.505.030 District fiscal year.
28A.505.040 Budget—Notice of completion—Copies—Review by educational service districts.
28A.505.050 Budget—Notice of meeting to adopt.
28A.505.060 Budget—Hearing and adoption of—Copies filed with ESD's.
28A.505.070 Budget review committee—Members—Review of budget,
limitations.
28A.505.080 Budget—Disposition of copies.
28A.505.090 Budget—Format, classifications, mandatory.
28A.505.100 Budget—Contents—Display of salaries.
28A.505.110 Budget—Including receivables collectible in future years—
Limitations.
28A.505.120 Withholding state funds upon district noncompliance—
Notice of.
28A.505.130 Budget—Requirements for balancing estimated expenditures.
28A.505.140 Rules and regulations for budgetary procedures—Review
when superintendent determines budget irregularity—
Revised budget, state board's financial plan until adoption.
28A.505.150 Budgeted expenditures as appropriations—Interim expenditures—Transfer between budget classes—Liability for
nonbudgeted expenditures.
28A.505.160 Appropriations lapse at end of fiscal year—Exception.
28A.505.170 First class school districts—Emergency or additional appropriation resolutions—Procedure.
28A.505.180 Second class school districts—Additional appropriation resolutions—Procedure.
28A.505.200 Repayment of federal moneys—Federal disallowance determination.
28A.505.210 Student achievement funds—Use and accounting of funds—
Public hearing—Report.
Severability—1983 c 59: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1983 c 59 § 20.]
Severability—1975-'76 2nd ex.s. c 118: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 118 § 37.]
Chapter 28A.505
Sections
28A.505.010
28A.505.010 Definitions. The following terms when
used in this chapter shall have the following meanings, unless
where used the context thereof shall clearly indicate to the
contrary:
(1) "Revenue" means an addition to assets of a fund of a
school district during a fiscal period that is available to
finance the fund's expenditures during the fiscal period. Revenue does not accompany the increase of liabilities or represent refunds of previous disbursements. Revenue may be in
the form of cash or in the form of noncash assets such as
donated commodities. Revenue for accrual basis expenditure
[Title 28A RCW—page 186]
28A.505.020 Districts must utilize methods of revenue and expenditure recognition. All school districts must
utilize the following methods of revenue and expenditure recognition in budgeting, accounting and financial reporting:
(1) Recognize revenue as defined in RCW
28A.505.010(1) for all funds: PROVIDED, That school districts that elect the cash basis of expenditure recognition
under subsection (2) of this section shall recognize revenue
on the cash basis.
(2) Recognition of expenditures for all funds shall be on
the accrual basis: PROVIDED, That school districts with
under one thousand full time equivalent students for the preceding fiscal year may make a uniform election for all funds,
except debt service funds, to be on the cash basis of expenditure recognition. Notification of such election shall be given
to the state superintendent of public instruction in the budget
of the school district and shall remain in effect for one full fiscal year. [1990 c 33 § 416; 1983 c 59 § 2; 1980 c 18 § 1;
1975-'76 2nd ex.s. c 118 § 2. Formerly RCW 28A.65.405.]
28A.505.020
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.030 District fiscal year. Beginning September 1, 1977 the fiscal year for all school districts shall be September 1 through August 31. [1975-'76 2nd ex.s. c 118 § 3.
Formerly RCW 28A.65.410.]
28A.505.030
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
(2004 Ed.)
School Districts' Budgets
28A.505.040
28A.505.040 Budget—Notice of completion—Copies—Review by educational service districts. On or before
the tenth day of July in each year, all school districts shall
prepare their budget for the ensuing fiscal year. The budget
shall set forth the complete financial plan of the district for
the ensuing fiscal year.
Upon completion of their budgets, every school district
shall publish a notice stating that the district has completed
the budget, placed it on file in the school district administration office, and that a copy thereof will be furnished to any
person who calls upon the district for it. The district shall provide a sufficient number of copies of the budget to meet the
reasonable demands of the public. School districts shall submit one copy of their budget to their educational service districts for review and comment by July 10th. The superintendent of public instruction may delay the date in this section if
the state's operating budget is not finally approved by the legislature until after June 1st. [1995 c 121 § 1; 1975-'76 2nd
ex.s. c 118 § 4. Formerly RCW 28A.65.415.]
28A.505.090
Upon conclusion of the hearing, the board of directors
shall fix and determine the appropriation from each fund contained in the budget separately, and shall by resolution adopt
the budget and the appropriations as so finally determined,
and enter the same in the official minutes of the board: PROVIDED, That first class school districts shall file copies of
their adopted budget with their educational service district no
later than September 3rd, and second class school districts
shall forward copies of their adopted budget to their educational service district no later than August 3rd for review,
alteration and approval as provided for in RCW 28A.505.070
by the budget review committee. [1990 c 33 § 418; 1983 c 59
§ 4 ; 1975-'76 2nd ex.s. c 118 § 6. Formerly RCW
28A.65.425.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.070
Effective date—1995 c 121: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately
[April 20, 1995]." [1995 c 121 § 3.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.050
28A.505.050 Budget—Notice of meeting to adopt.
Upon completion of their budgets as provided in RCW
28A.505.040, every school district shall publish a notice stating that the board of directors will meet for the purpose of fixing and adopting the budget of the district for the ensuing fiscal year. Such notice shall designate the date, time, and place
of said meeting which shall occur no later than the thirty-first
day of August for first class school districts, and the first day
of August for second class school districts. The notice shall
also state that any person may appear thereat and be heard for
or against any part of such budget. Said notice shall be published at least once each week for two consecutive weeks in a
newspaper of general circulation in the district, or, if there be
none, in a newspaper of general circulation in the county or
counties in which such district is a part. The last notice shall
be published no later than seven days immediately prior to
the hearing. [1995 c 121 § 2; 1990 c 33 § 417; 1983 c 59 § 3;
1975-'76 2nd ex.s. c 118 § 5. Formerly RCW 28A.65.420.]
Effective date—1995 c 121: See note following RCW 28A.505.040.
28A.505.070 Budget review committee—Members—
Review of budget, limitations. The budget review committee shall fix and approve the amount of the appropriation
from each fund of the budget of second class districts not
later than August 31st. No budget review committee shall
knowingly approve any budget or appropriation that is in violation of this chapter or rules and regulations adopted by the
superintendent of public instruction in accordance with RCW
28A.505.140(1). A copy of said budget shall be returned to
the local school districts no later than September 10th.
Members of the budget review committee as referred to
in this section shall consist of the educational service district
superintendent or a representative thereof, a member of the
local school district board of directors or a representative
thereof, and a representative of the superintendent of public
instruction. [1990 c 33 § 419; 1975-'76 2nd ex.s. c 118 § 7.
Formerly RCW 28A.65.430.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.080
28A.505.080 Budget—Disposition of copies. Copies
of the budgets for all local school districts shall be filed with
the superintendent of public instruction no later than September 10th. One copy will be retained by the educational service
district. [1984 c 128 § 8; 1983 c 59 § 5; 1975-'76 2nd ex.s. c
118 § 8. Formerly RCW 28A.65.435.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.060
28A.505.060 Budget—Hearing and adoption of—
Copies filed with ESD's. On the date given in said notice as
provided in RCW 28A.505.050 the school district board of
directors shall meet at the time and place designated. Any
person may appear thereat and be heard for or against any
part of such budget. Such hearing may be continued not to
exceed a total of two days: PROVIDED, That the budget
must be adopted no later than August 31st in first class school
districts, and not later than August 1st in second class school
districts.
(2004 Ed.)
28A.505.090
28A.505.090 Budget—Format, classifications, mandatory. Every school district budget shall be prepared, submitted and adopted in the format prescribed by the office of
the superintendent of public instruction. The budget classifications contained in said format shall be in accordance with
the accounting manual for public school districts, published
by the office of the superintendent of public instruction and
the office of the state auditor. Budgets prepared and adopted
in a format other than that prescribed by the office of the
superintendent of public instruction shall not be official and
[Title 28A RCW—page 187]
28A.505.100
Title 28A RCW: Common School Provisions
will have no legal effect. [1983 c 59 § 6; 1975-'76 2nd ex.s.
c 118 § 9. Formerly RCW 28A.65.440.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.100
28A.505.100 Budget—Contents—Display of salaries.
The budget shall set forth the estimated revenues for the
ensuing fiscal year, the estimated revenues for the fiscal year
current at the time of budget preparation, the actual revenues
for the last completed fiscal year, and the reserved and unreserved fund balances for each year. The estimated revenues
from all sources for the ensuing fiscal year shall not include
any revenue not anticipated to be available during that fiscal
year: PROVIDED, That school districts, pursuant to RCW
28A.505.110 can be granted permission by the superintendent of public instruction to include as revenues in their budgets, receivables collectible in future fiscal years.
The budget shall set forth by detailed items or classes the
estimated expenditures for the ensuing fiscal year, the estimated expenditures for the fiscal year current at the time of
budget preparation, and the actual expenditures for the last
completed fiscal year. Total salary amounts, full-time equivalents, and the high, low, and average annual salaries, shall be
displayed by job classification within each budget classification. If individual salaries within each job classification are
not displayed, districts shall provide the individual salaries
together with the title or position of the recipient and the total
amounts of salary under each budget class upon request. Salary schedules shall be displayed. In districts where negotiations have not been completed, the district may budget the
salaries at the current year's rate and restrict fund balance for
the amount of anticipated increase in salaries, so long as an
explanation shall be attached to the budget on such restriction
of fund balance. [1990 c 33 § 420; 1983 c 59 § 7; 1975-'76
2nd ex.s. c 118 § 10. Formerly RCW 28A.65.445.]
the total of estimated revenue for the budgeted fiscal year
plus estimated fund balance at the beginning of the budgeted
fiscal year less ending reserve fund balance for the budgeted
fiscal year shall be null and void and shall not be considered
an appropriation. [1990 c 33 § 421; 1983 c 59 § 8; 1975-'76
2nd ex.s. c 118 § 11. Formerly RCW 28A.65.450.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.120
28A.505.120 Withholding state funds upon district
noncompliance—Notice of. If a local school district fails to
comply with any binding restrictions issued by the superintendent of public instruction, the allocation of state funds for
support of the local school district may be withheld, pending
an investigation of the reason for such noncompliance by the
office of the superintendent of public instruction. Written
notice of the intent to withhold state funds, with reasons
stated for this action, shall be made to the school district by
the office of the superintendent of public instruction before
any portion of the state allocation is withheld. [1975-'76 2nd
ex.s. c 118 § 12. Formerly RCW 28A.65.455.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.130
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
28A.505.130 Budget—Requirements for balancing
estimated expenditures. For each fund contained in the
school district budget the estimated expenditures for the budgeted fiscal year must not be greater than the total of the estimated revenues for the budgeted fiscal year, the estimated
fund balance at the beginning of the budgeted fiscal year less
the estimated reserve fund balance at the end of the budgeted
fiscal year, and the projected revenue from receivables collectible on future years as approved by the superintendent of
public instruction for inclusion in the budget.
The proceeds of any interfund loan must not be used to
balance the budget of the borrowing fund. [1983 c 59 § 9;
1975-'76 2nd ex.s. c 118 § 13. Formerly RCW 28A.65.460.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
28A.505.110
28A.505.110 Budget—Including receivables collectible in future years—Limitations. When a school district
board is unable to prepare a budget or budget extension pursuant to RCW 28A.505.170 or 28A.505.180 in which the
estimated revenues for the budgeted fiscal year plus the estimated fund balance at the beginning of the budgeted fiscal
year less the ending reserved fund balance for the budgeted
fiscal year do not at least equal the estimated expenditures for
the budgeted fiscal year, the school district board may deliver
a petition in writing, at least twenty days before the budget or
budget extension is scheduled for adoption, to the superintendent of public instruction requesting permission to include
receivables collectible in future years, in order to balance the
budget. If such permission is granted, it shall be in writing,
and it shall contain conditions, binding on the district,
designed to improve the district's financial condition. Any
budget or appropriation adopted by the board of directors
without written permission from the superintendent of public
instruction that contains estimated expenditures in excess of
[Title 28A RCW—page 188]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.140
28A.505.140 Rules and regulations for budgetary
procedures—Review when superintendent determines
budget irregularity—Revised budget, state board's financial plan until adoption. (1) Notwithstanding any other provision of law, the superintendent of public instruction is
hereby directed to promulgate such rules and regulations as
will insure proper budgetary procedures and practices,
including monthly financial statements consistent with the
provisions of RCW 43.09.200, and this chapter.
(2) If the superintendent of public instruction determines
upon a review of the budget of any district that said budget
does not comply with the budget procedures established by
this chapter or by rules and regulations promulgated by the
superintendent of public instruction, or the provisions of
RCW 43.09.200, the superintendent shall give written notice
of this determination to the board of directors of the local
school district.
(2004 Ed.)
School Districts' Budgets
(3) The local school district, notwithstanding any other
provision of law, shall, within thirty days from the date the
superintendent of public instruction issues a notice pursuant
to subsection (2) of this section, submit a revised budget
which meets the requirements of RCW 43.09.200, this chapter, and the rules and regulations of the superintendent of
public instruction: PROVIDED, That if the district fails or
refuses to submit a revised budget which in the determination
of the superintendent of public instruction meets the requirements of RCW 43.09.200, this chapter, and the rules and regulations of the superintendent of public instruction, the matter
shall be submitted to the state board of education, which
board shall meet and adopt a financial plan which shall be in
effect until a budget can be adopted and submitted by the district in compliance with this section. [1990 c 33 § 422; 1983
c 59 § 10; 1975-'76 2nd ex.s. c 118 § 14. Formerly RCW
28A.65.465.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.150
28A.505.150 Budgeted expenditures as appropriations—Interim expenditures—Transfer between budget
classes—Liability for nonbudgeted expenditures. Total
budgeted expenditures for each fund as adopted in the budget
of a school district shall constitute the appropriations of the
district for the ensuing fiscal year and the board of directors
shall be limited in the incurring of expenditures to the grand
total of such appropriations. The board of directors shall
incur no expenditures for any purpose in excess of the appropriation for each fund: PROVIDED, That no board of directors shall be prohibited from incurring expenditures for the
payment of regular employees, for the necessary repairs and
upkeep of the school plant, for the purchase of books and supplies, and for their participation in joint purchasing agencies
authorized in RCW 28A.320.080 during the interim while the
budget is being settled under RCW 28A.505.140: PROVIDED FURTHER, That transfers between budget classes
may be made by the school district's chief administrative
officer or finance officer, subject to such restrictions as may
be imposed by the school district board of directors.
Directors, officers or employees who knowingly or negligently violate or participate in a violation of this section by
the incurring of expenditures in excess of any appropriation(s) shall be held civilly liable, jointly and severally, for
such expenditures in excess of such appropriation(s), including consequential damages following therefrom, for each
such violation. If as a result of any civil or criminal action the
violation is found to have been done knowingly, such director, officer, or employee who is found to have participated in
such breach shall immediately forfeit his or her office or
employment, and the judgment in any such action shall so
provide.
Nothing in this section shall be construed to limit the
duty of the attorney general to carry out the provisions of
RCW 43.09.260, as now or hereafter amended. [1990 c 33 §
423; 1975-'76 2nd ex.s. c 118 § 15. Formerly RCW
28A.65.470.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
(2004 Ed.)
28A.505.180
28A.505.160
28A.505.160 Appropriations lapse at end of fiscal
year—Exception. All appropriations for any school district
upon which their budget is based shall lapse at the end of the
fiscal year. At the expiration of said period all appropriations
shall become null and void and any claim presented thereafter against any such appropriation for the fiscal year just
closed shall be provided for in the appropriation for the next
fiscal year: PROVIDED, That this shall not prevent payments upon incompleted improvements in progress at the
close of the fiscal year. [1975-'76 2nd ex.s. c 118 § 16. Formerly RCW 28A.65.475.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.170
28A.505.170 First class school districts—Emergency
or additional appropriation resolutions—Procedure. (1)
Notwithstanding any other provision of this chapter, upon the
happening of any emergency in first class school districts
caused by fire, flood, explosion, storm, earthquake, epidemic,
riot, insurrection, or for the restoration to a condition of usefulness of any school district property, the usefulness of
which has been destroyed by accident, and no provision has
been made for such expenditures in the adopted appropriation, the board of directors, upon the adoption by the vote of
the majority of all board members of a resolution stating the
facts constituting the emergency, may make an appropriation
therefor without notice or hearing.
(2) Notwithstanding any other provision of this chapter,
if in first class districts it becomes necessary to increase the
amount of the appropriation, and if the reason is not one of
the emergencies specifically enumerated in subsection (1) of
this section, the school district board of directors, before
incurring expenditures in excess of the appropriation, shall
adopt a resolution stating the facts and the estimated amount
of appropriation to meet it.
Such resolution shall be voted on at a public meeting,
notice to be given in the manner provided in RCW
28A.505.050. Its introduction and passage shall require the
vote of a majority of all members of the school district board
of directors.
Any person may appear at the meeting at which the
appropriation resolution is to be voted on and be heard for or
against the adoption thereof.
Copies of all adopted appropriation resolutions shall be
filed with the educational service district who shall forward
one copy each to the office of the superintendent of public
instruction. One copy shall be retained by the educational service district. [1990 c 33 § 424; 1984 c 128 § 9; 1983 c 59 §
11; 1975-'76 2nd ex.s. c 118 § 17. Formerly RCW
28A.65.480.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.180
28A.505.180 Second class school districts—Additional appropriation resolutions—Procedure. Notwithstanding any other provision of this chapter, if a second class
school district needs to increase the amount of the appropriation from any fund for any reason, the school district board of
directors, before incurring expenditures in excess of appro[Title 28A RCW—page 189]
28A.505.200
Title 28A RCW: Common School Provisions
priation, shall adopt a resolution stating the facts and estimating the amount of additional appropriation needed.
Such resolution shall be voted on at a public meeting,
notice to be given in the manner provided by RCW
28A.505.050. Its introduction and passage shall require the
vote of a majority of all members of the school district board
of directors.
Any person may appear at the meeting at which the
appropriation resolution is to be voted on and be heard for or
against the adoption thereof.
Upon passage of the appropriation resolution the school
district shall petition the superintendent of public instruction
for approval to increase the amount of its appropriations in
the manner prescribed in rules and regulations for such
approval by the superintendent.
Copies of all appropriation resolutions approved by the
superintendent of public instruction shall be filed by the
office of the superintendent of public instruction with the
educational service district. [1990 c 33 § 425; 1984 c 128 §
10; 1983 c 59 § 12; 1975-'76 2nd ex.s. c 118 § 18. Formerly
RCW 28A.65.485.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.200
28A.505.200 Repayment of federal moneys—Federal
disallowance determination. Each school district that
receives federal moneys from or through the superintendent
of public instruction shall comply with applicable federal
requirements and shall repay expenditures subsequently disallowed by the federal government together with such interest as may be assessed by the federal government. Once a
federal disallowance determination, decision, or order
becomes final respecting federal moneys expended by a
school district, the superintendent of public instruction may
withhold all or a portion of the annual basic education allocation amounts otherwise due and apportionable to the school
district as necessary to facilitate payment of the principal and
interest to the federal government. The superintendent of
public instruction may pay withheld basic education allocation moneys:
(1) To the school district before the close of the biennium and following the school district's repayment of moneys
due the federal government, or the school district's commitment to an acceptable repayment plan, or both; or
(2) To the federal government, subject to the reappropriation of the withheld basic education allocation, moneys for
the purpose of payment to the federal government.
No withholding of basic education allocation moneys
may occur under this subsection until the superintendent of
public instruction has first determined that the withholding
should not substantially impair the school district's financial
ability to provide the basic education program offerings
required by statute. [1990 c 103 § 1.]
28A.505.210
28A.505.210 Student achievement funds—Use and
accounting of funds—Public hearing—Report. School
districts shall have the authority to decide the best use of student achievement funds to assist students in meeting and
[Title 28A RCW—page 190]
exceeding the new, higher academic standards in each district
consistent with the provisions of chapter 3, Laws of 2001.
(1) Student achievement funds shall be allocated for the
following uses:
(a) To reduce class size by hiring certificated elementary
classroom teachers in grades K-4 and paying nonemployeerelated costs associated with those new teachers;
(b) To make selected reductions in class size in grades 512, such as small high school writing classes;
(c) To provide extended learning opportunities to
improve student academic achievement in grades K-12,
including, but not limited to, extended school year, extended
school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school,
and all-day kindergarten;
(d) To provide additional professional development for
educators, including additional paid time for curriculum and
lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing
teaching skills and knowledge, and mentoring programs to
match teachers with skilled, master teachers. The funding
shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for
extended year and extended day teaching contracts;
(e) To provide early assistance for children who need
prekindergarten support in order to be successful in school;
(f) To provide improvements or additions to school
building facilities which are directly related to the class size
reductions and extended learning opportunities under (a)
through (c) of this subsection.
(2) Annually on or before May 1st, the school district
board of directors shall meet at the time and place designated
for the purpose of a public hearing on the proposed use of
these funds to improve student achievement for the coming
year. Any person may appear or by written submission have
the opportunity to comment on the proposed plan for the use
of these funds. No later than August 31st, as a part of the process under RCW 28A.505.060, each school district shall
adopt a plan for the use of these funds for the upcoming
school year. Annually, each school district shall provide to
the citizens of their district a public accounting of the funds
made available to the district during the previous school year
under chapter 3, Laws of 2001, how the funds were used, and
the progress the district has made in increasing student
achievement, as measured by required state assessments and
other assessments deemed appropriate by the district. Copies
of this report shall be provided to the superintendent of public
instruction and to the academic achievement and accountability commission. [2001 c 3 § 3 (Initiative Measure No. 728,
approved November 7, 2000).]
Short title—2001 c 3 (Initiative Measure No. 728): "This act may be
known and cited as the K-12 2000 student achievement act." [2001 c 3 § 1
(Initiative Measure No. 728, approved November 7, 2000).]
Purpose—Intent—2001 c 3 (Initiative Measure No. 728): "The citizens of Washington state expect and deserve great public schools for our
generation of school children and for those who will follow. A quality public
education system is crucial for our state's future economic success and prosperity, and for our children and their children to lead successful lives.
The purpose of this act is to improve public education and to achieve
higher academic standards for all students through smaller class sizes and
other improvements. A portion of the state's surplus general fund revenues is
dedicated to this purpose.
(2004 Ed.)
Apportionment to District—District Accounting
In 1993, Washington state made a major commitment to improved
public education by passing the Washington education reform act. This act
established new, higher standards of academic achievement for all students.
It also established new levels of accountability for students, teachers,
schools, and school districts. However, the K-12 finance system has not been
changed to respond to the new standards and individual student needs.
To make higher student achievement a reality, schools need the additional resources and flexibility to provide all students with more individualized quality instruction, more time, and the extra support that they may
require. We need to ensure that curriculum, instruction methods, and assessments of student performance are aligned with the new standards and student
needs. The current level of state funding does not provide adequate resources
to support higher academic achievement for all students. In fact, inflationadjusted per-student state funding has declined since the legislature adopted
the 1993 education reform act.
The erosion of state funding for K-12 education is directly at odds with
the state's "paramount duty to make ample provision for the education of all
children...." Now is the time to invest some of our surplus state revenues in
K-12 education and redirect state lottery funds to education, as was originally intended, so that we can fulfill the state's paramount duty.
Conditions and needs vary across Washington's two hundred ninety-six
school districts. School boards accountable to their local communities
should therefore have the flexibility to decide which of the following strategies will be most effective in increasing student performance and in helping
students meet the state's new, higher academic standards:
(1) Major reductions in K-4 class size;
(2) Selected class size reductions in grades 5-12, such as small high
school writing classes;
(3) Extended learning opportunities for students who need or want
additional time in school;
(4) Investments in educators and their professional development;
(5) Early assistance for children who need prekindergarten support in
order to be successful in school; and
(6) Providing improvements or additions to facilities to support class
size reductions and extended learning opportunities.
REDUCING CLASS SIZE
Smaller classes in the early grades can significantly increase the
amount of learning that takes place in the classroom. Washington state now
ranks forty-eighth in the nation in its student-teacher ratio. This is unacceptable.
Significant class size reductions will provide our children with more
individualized instruction and the attention they need and deserve and will
reduce behavioral problems in classrooms. The state's long-term goal should
be to reduce class size in grades K-4 to no more than eighteen students per
teacher in a class.
The people recognize that class size reduction should be phased-in over
several years. It should be accompanied by the necessary funds for school
construction and modernization and for high-quality, well-trained teachers.
EXTENDED LEARNING OPPORTUNITIES
Student achievement will also be increased if we expand learning
opportunities beyond our traditional-length school day and year. In many
school districts, educators and parents want a longer school day, a longer
school year, and/or all-day kindergarten to help students improve their academic performance or explore new learning opportunities. In addition, special programs such as before-and-after-school tutoring will help struggling
students catch and keep up with their classmates. Extended learning opportunities will be increasingly important as attainment of a certificate of mastery becomes a high school graduation requirement.
TEACHER QUALITY
Key to every student's academic success is a quality teacher in every
classroom. Washington state's new standards for student achievement make
teacher quality more important than ever. We are asking our teachers to teach
more demanding curriculum in new ways, and we are holding our educators
and schools to new, higher levels of accountability for student performance.
Resources are needed to give teachers the content knowledge and skills to
teach to higher standards and to give school leaders the skills to improve
instruction and manage organizational change.
The ability of school districts throughout the state to attract and retain
the highest quality teaching corps by offering competitive salaries and effective working conditions is an essential element of basic education. The state
legislature is responsible for establishing teacher salaries. It is imperative
that the legislature fund salary levels that ensure school districts' ability to
recruit and retain the highest quality teachers.
(2004 Ed.)
28A.510.250
EARLY ASSISTANCE
The importance of a child's intellectual development in the first five
years has been established by widespread scientific research. This is especially true for children with disabilities and special needs. Providing assistance appropriate to children's developmental needs will enhance the academic achievement of these children in grades K-12. Early assistance will
also lessen the need for more expensive remedial efforts in later years.
NO SUPPLANTING OF EXISTING EDUCATION FUNDS
It is the intent of the people that existing state funding for education,
including all sources of such funding, shall not be reduced, supplanted, or
otherwise adversely impacted by appropriations or expenditures from the
student achievement fund created in RCW 43.135.045 or the education construction fund.
INVESTING SURPLUS IN SCHOOLS UNTIL GOAL MET
It is the intent of the people to invest a portion of state surplus revenues
in their schools. This investment should continue until the state's contribution to funding public education achieves a reasonable goal. The goal should
reflect the state's paramount duty to make ample provision for the education
of all children and our citizens' desire that all students receive a quality education. The people set a goal of per-student state funding for the maintenance
and operation of K-12 education being equal to at least ninety percent of the
national average per-student expenditure from all sources. When this goal is
met, further deposits to the student achievement fund shall be required only
to the extent necessary to maintain the ninety-percent level." [2001 c 3 § 2
(Initiative Measure No. 728, approved November 7, 2000).]
Construction—2001 c 3 (Initiative Measure No. 728): "The provisions of this act are to be liberally construed to effectuate the policies and
purposes of this act." [2001 c 3 § 11 (Initiative Measure No. 728, approved
November 7, 2000).]
Severability—2001 c 3 (Initiative Measure No. 728): "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2001 c 3 § 12 (Initiative Measure
No. 728, approved November 7, 2000).]
Effective dates—2001 c 3 (Initiative Measure No. 728): "This act
takes effect January 1, 2001, except for section 4 of this act which takes
effect July 1, 2001." [2001 c 3 § 13 (Initiative Measure No. 728, approved
November 7, 2000).]
Chapter 28A.510
Chapter 28A.510 RCW
APPORTIONMENT TO DISTRICT—
DISTRICT ACCOUNTING
Sections
28A.510.250 By state superintendent.
28A.510.260 Distribution by ESD superintendent.
28A.510.270 County treasurer's duties.
28A.510.250
28A.510.250 By state superintendent. On or before
the last business day of September 1969 and each month
thereafter, the superintendent of public instruction shall
apportion from the state general fund to the several educational service districts of the state the proportional share of
the total annual amount due and apportionable to such educational service districts for the school districts thereof as follows:
September
October
November
December
January
February
March
April
May
June
...................
...................
...................
...................
...................
...................
...................
...................
...................
...................
9%
9%
5.5%
9%
9%
9%
9%
9%
5.5%
6.0%
[Title 28A RCW—page 191]
28A.510.260
July
August
Title 28A RCW: Common School Provisions
...................
...................
10.0%
10.0%
The annual amount due and apportionable shall be the
amount apportionable for all apportionment credits estimated
to accrue to the schools during the apportionment year beginning September first and continuing through August thirtyfirst. Appropriations made for school districts for each year
of a biennium shall be apportioned according to the schedule
set forth in this section for the fiscal year starting September
1st of the then calendar year and ending August 31st of the
next calendar year. The apportionment from the state general
fund for each month shall be an amount which will equal the
amount due and apportionable to the several educational service districts during such month: PROVIDED, That any
school district may petition the superintendent of public
instruction for an emergency advance of funds which may
become apportionable to it but not to exceed ten percent of
the total amount to become due and apportionable during the
school districts apportionment year. The superintendent of
public instruction shall determine if the emergency warrants
such advance and if the funds are available therefor. If the
superintendent determines in the affirmative, he or she may
approve such advance and, at the same time, add such an
amount to the apportionment for the educational service district in which the school district is located: PROVIDED,
That the emergency advance of funds and the interest earned
by school districts on the investment of temporary cash surpluses resulting from obtaining such advance of state funds
shall be deducted by the superintendent of public instruction
from the remaining amount apportionable to said districts
during that apportionment year in which the funds are
advanced. [1990 c 33 § 426; 1982 c 136 § 1; 1981 c 282 § 1;
1981 c 5 § 32; 1980 c 6 § 5; 1979 ex.s. c 237 § 1; 1975-'76
2nd ex.s. c 118 § 27; 1975 1st ex.s. c 275 § 67; 1974 ex.s. c
89 § 1; 1972 ex.s. c 146 § 1; 1970 ex.s. c 15 § 15. Prior: 1969
ex.s. c 184 § 3; 1969 ex.s. c 176 § 108; 1969 ex.s. c 223 §
28A.48.010; prior: 1965 ex.s. c 162 § 1; 1959 c 276 § 3;
prior: 1945 c 141 § 3, part; 1923 c 96 § 1; 1911 c 118 § 1;
1909 c 97 p 312 §§ 1, 2, 3; Rem. Supp. 1945 § 4940-3, part.
Formerly RCW 28A.48.010, 28.48.010.]
Certain 1982-83 school year monthly payments delayed—Interest—1982 c 136: "For the 1982-83 school year, one-half of the September,
October, March, and April payments under RCW 28A.48.010 shall be made
on the last business day of the respective month and the remainder on the fifteenth day of the following month. Interest shall be paid on the amounts
deferred under this section at the rate for state interfund loans as established
by the state finance committee." [1982 c 136 § 2.]
Effective date—1982 c 136: "Section 3 of this act is necessary for the
immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and shall take effect
immediately [April 1, 1982]. The remainder to [of] this act shall take effect
September 1, 1982." [1982 c 136 § 5.]
Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule: RCW 28A.160.200.
28A.510.260
28A.510.260 Distribution by ESD superintendent.
Upon receiving the certificate of apportionment from the
superintendent of public instruction the educational service
district superintendent shall promptly apportion to the school
districts of his or her educational service district the amounts
then due and apportionable to such districts as certified by the
superintendent of public instruction. [1990 c 33 § 427; 1983
c 56 § 5; 1975 1st ex.s. c 275 § 68; 1969 ex.s. c 176 § 109;
1969 ex.s. c 223 § 28A.48.030. Prior: 1965 ex.s. c 162 § 2;
1945 c 141 § 9; Rem. Supp. 1945 § 4940-8. Formerly RCW
28A.48.030, 28.48.030.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.510.270
28A.510.270 County treasurer's duties. The county
treasurer of each county of this state shall be ex officio treasurer of the several school districts of their respective counties, and, except as otherwise provided by law, it shall be the
duty of each county treasurer:
(1) To receive and hold all moneys belonging to such
school districts, and to pay them only for legally authorized
obligations of the district.
(2) To prepare and submit to each school district superintendent in the county a written report of the state of the
finances of such district on the first day of each month, which
report shall be submitted not later than the seventh business
day of the month, which report shall contain the balance on
hand the first of the preceding month, the funds paid in, warrants paid with interest thereon, if any, the number of warrants issued and not paid, and the balance on hand.
(3) The treasurer of each county shall submit a statement
of all canceled warrants of districts to the respective school
district superintendents. The canceled warrants of each district shall be preserved separately and shall at all times be
open to inspection by the school district superintendent or by
any authorized accountant of such district. [1991 c 245 § 2;
1990 c 33 § 428; 1975-'76 2nd ex.s. c 118 § 28; 1975 1st ex.s.
c 275 § 73; 1969 ex.s. c 176 § 114; 1969 ex.s. c 223 §
28A.48.100. Prior: 1911 c 85 § 1; 1909 c 97 p 309 § 1; RRS
§ 4867; prior: 1907 c 240 § 8; 1897 c 118 § 59; 1893 c 109 §
8; 1891 c 127 § 27; 1890 p 380 § 71; 1886 p 26 § 83; Code
1881 § 3236. Formerly RCW 28A.48.100, 28.48.100.]
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Severability—1980 c 6: See note following RCW 28A.515.320.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Effective date—1972 ex.s. c 146: "This 1972 amendatory act is necessary for the immediate preservation of the public peace, health and safety,
the support of the state government and its existing public institutions, and
section 1 shall take effect July 1, 1972, and section 2 shall take effect immediately [February 25, 1972]." [1972 ex.s. c 146 § 3.]
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
Student transportation allocation—Notice—Revised eligible student data,
when—Allocation payments, amounts, when: RCW 28A.160.190.
[Title 28A RCW—page 192]
Chapter 28A.515
Chapter 28A.515 RCW
COMMON SCHOOL CONSTRUCTION FUND
Sections
28A.515.300 Permanent common school fund—Sources—Use.
28A.515.310 Certain losses to permanent common school fund or other
state educational funds as funded debt against state.
28A.515.320 Common school construction fund—Sources—Use—Excess
moneys in, availability, repayment.
(2004 Ed.)
Common School Construction Fund
28A.515.300
28A.515.300 Permanent common school fund—
Sources—Use. The principal of the common school fund as
the same existed on June 30, 1965, shall remain permanent
and irreducible. The said fund shall consist of the principal
amount thereof existing on June 30, 1965, and such additions
thereto as may be derived after June 30, 1965, from the following named sources, to wit: Appropriations and donations
by the state to this fund; donations and bequests by individuals to the state or public for common schools; the proceeds of
lands and other property which revert to the state by escheat
and forfeiture; the proceeds of all property granted to the
state, when the purpose of the grant is not specified, or is
uncertain; funds accumulated in the treasury of the state for
the disbursement of which provision has not been made by
law; the proceeds of the sale of stone, minerals or property
other than timber and other crops from school and state lands,
other than those granted for specific purposes; all moneys
received from persons appropriating stone, minerals or property other than timber and other crops from school and state
lands other than those granted for specific purposes, and all
moneys other than rental, recovered from persons trespassing
on said lands; five percent of the proceeds of the sale of public lands lying within the state, which shall be sold by the
United States subsequent to the admission of the state into the
Union as approved by section 13 of the act of congress
enabling the admission of the state into the Union; the principal of all funds arising from the sale of lands and other property which have been, and hereafter may be, granted to the
state for the support of common schools and such other funds
as may be provided by legislative enactment. [1969 ex.s. c
223 § 28A.40.010. Prior: 1967 c 29 § 1; 1909 c 97 p 320 § 1;
RRS § 4932; prior: 1897 c 118 § 109; 1890 p 373 § 50; 1886
p 20 § 57, part; Code 1881 § 3210, part; 1873 p 421 § 1. Formerly RCW 28A.40.010, 28.40.010.]
Banks and trust companies, liquidation and winding up
dividends unclaimed deposited in: RCW 30.44.150, 30.44.180.
personal property, proceeds deposited in: RCW 30.44.220.
Enlargement of, legislature may provide: State Constitution Art. 9 § 3
(Amendment 43).
Escheated estates deposited in: RCW 11.08.210.
Game and game fish lands
payments to in lieu of property taxes: RCW 77.12.203.
withdrawn from lease, payment of amount of lease into: RCW 77.12.360.
Interest deposited in current state school fund used for current expenses:
State Constitution Art. 9 § 3 (Amendment 43).
Investment of permanent common school fund: State Constitution Art. 16 §
5 (Amendment 44).
Lands set aside and permanent funds established: Enabling act §§ 10
through 25.
Losses occasioned by default, fraud, etc., to become permanent debt against
state: State Constitution Art. 9 § 5.
Permanent and irreducible: State Constitution Art. 9 § 3 (Amendment 43),
RCW 28A.515.300.
Safe deposit box contents
rent unpaid, sale, proceeds deposited in: RCW 22.28.040.
unclaimed after liquidation and winding up of bank or trust company, proceeds from sale deposited in: RCW 30.44.220.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
State land
acquired, lease and sale of, disposition of proceeds: RCW 79.10.030.
withdrawn for game purposes, payment of amount of lease into: RCW
77.12.360.
(2004 Ed.)
28A.515.320
28A.515.310
28A.515.310 Certain losses to permanent common
school fund or other state educational funds as funded
debt against state. All losses to the permanent common
school or any other state educational fund, which shall be
occasioned by defalcation, mismanagement or fraud of the
agents or officers controlling or managing the same, shall be
audited by the proper authorities of the state. The amount so
audited shall be a permanent funded debt against the state in
favor of the particular fund sustaining such loss, upon which
not less than six percent annual interest shall be paid. [1969
ex.s. c 223 § 28A.40.020. Prior: 1909 c 97 p 321 § 2; RRS §
4933; prior: 1897 c 118 § 110, part; 1890 p 373 § 51, part.
Formerly RCW 28A.40.020, 28.40.020.]
28A.515.320
28A.515.320 Common school construction fund—
Sources—Use—Excess moneys in, availability, repayment. The common school construction fund is to be used
exclusively for the purpose of financing the construction of
facilities for the common schools. The sources of said fund
shall be: (1) Those proceeds derived from sale or appropriation of timber and other crops from school and state land
other than those granted for specific purposes; (2) the interest
accruing on the permanent common school fund less the allocations to the state treasurer's service account [fund] pursuant
to RCW 43.08.190 and the state investment board expense
account pursuant to RCW 43.33A.160 together with all rentals and other revenue derived therefrom and from land and
other property devoted to the permanent common school
fund; (3) all moneys received by the state from the United
States under the provisions of section 191, Title 30, United
States Code, Annotated, and under section 810, chapter 12,
Title 16, (Conservation), United States Code, Annotated,
except moneys received before June 30, 2001, and when
thirty megawatts of geothermal power is certified as commercially available by the receiving utilities and the department
of community, trade, and economic development, eighty percent of such moneys, under the Geothermal Steam Act of
1970 pursuant to RCW 43.140.030; and (4) such other
sources as the legislature may direct. That portion of the common school construction fund derived from interest on the
permanent common school fund may be used to retire such
bonds as may be authorized by law for the purpose of financing the construction of facilities for the common schools.
The interest accruing on the permanent common school
fund less the allocations to the state treasurer's service fund
pursuant to RCW 43.08.190 and the state investment board
expense account pursuant to RCW 43.33A.160 together with
all rentals and other revenues accruing thereto pursuant to
subsection (2) of this section prior to July 1, 1967, shall be
exclusively applied to the current use of the common schools.
To the extent that the moneys in the common school construction fund are in excess of the amount necessary to allow
fulfillment of the purpose of said fund, the excess shall be
available for deposit to the credit of the permanent common
school fund or available for the current use of the common
schools, as the legislature may direct. Any money from the
common school construction fund which is made available
for the current use of the common schools shall be restored to
the fund by appropriation, including interest income foregone
[forgone], before the end of the next fiscal biennium following such use. [1996 c 186 § 503; 1991 sp.s. c 13 § 58; 1991 c
[Title 28A RCW—page 193]
Chapter 28A.520
Title 28A RCW: Common School Provisions
76 § 2; 1981 c 158 § 6; 1981 c 4 § 1; 1980 c 6 § 1; 1969 ex.s.
c 223 § 28A.40.100. Prior: 1967 c 29 § 3. Formerly RCW
28A.40.100, 28.40.100.]
Findings—Intent—Part headings not law—Effective date—1996 c
186: See notes following RCW 43.330.904.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1981 c 4: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 4 § 10.]
Severability—1980 c 6: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 6 § 8.]
Current state school fund—Abolished—Moneys transferred: RCW
43.79.425.
Chapter 28A.520 RCW
FOREST RESERVE FUNDS DISTRIBUTION
Chapter 28A.520
Sections
28A.520.010 Distribution of forest reserve funds—Procedure—Proportional county area distribution, when.
28A.520.020 Distribution of forest reserve funds—Revolving account created—Use—Apportionments from—As affects basic education allocation.
28A.520.010
28A.520.010 Distribution of forest reserve funds—
Procedure—Proportional county area distribution,
when. Of the moneys received by the state from the federal
government in accordance with Title 16, section 500, United
States Code, fifty percent shall be spent by the counties on
public schools or public roads, and fifty percent shall be spent
by the counties on public schools as provided in RCW
28A.520.020(2), or for any other purposes as now or hereafter authorized by federal law, in the counties in the United
States forest reserve from which such moneys were received.
Where the reserve is situated in more than one county, the
state treasurer shall determine the proportional area of the
counties therein. The state treasurer is authorized and
required to obtain the necessary information to enable him or
her to make that determination.
The state treasurer shall distribute to the counties,
according to the determined proportional area, the money to
be spent by the counties. The county legislative authority
shall expend the fifty percent received by the county for the
benefit of the public roads or public schools of the county, or
for any other purposes as now or hereafter authorized by federal law. [1990 c 33 § 429; 1985 c 311 § 1; 1982 c 126 § 1.
Formerly RCW 28A.02.300.]
account, shall deposit into the revolving account the funds for
each county received by the state in accordance with Title 16,
section 500, United States Code. The state treasurer shall distribute these moneys to the counties according to the determined proportional area. The county legislative authority
shall expend fifty percent of the money for the benefit of the
public roads and other public purposes as authorized by federal statute or public schools of such county and not otherwise. Disbursements by the counties of the remaining fifty
percent of the money shall be as authorized by the superintendent of public instruction, or the superintendent's designee,
and shall occur in the manner provided in subsection (2) of
this section.
(2) No later than thirty days following receipt of the
funds from the federal government, the superintendent of
public instruction shall apportion moneys distributed to counties for schools to public school districts in the respective
counties in proportion to the number of full time equivalent
students enrolled in each public school district to the number
of full time equivalent students enrolled in public schools in
the county. In apportioning these funds, the superintendent of
public instruction shall utilize the October enrollment count.
(3) If the amount received by any public school district
pursuant to subsection (2) of this section is less than the basic
education allocation to which the district would otherwise be
entitled, the superintendent of public instruction shall apportion to the district, in the manner provided by RCW
28A.510.250, an amount which shall be the difference
between the amount received pursuant to subsection (2) of
this section and the basic education allocation to which the
district would otherwise be entitled.
(4) All federal forest funds shall be expended in accordance with the requirements of Title 16, section 500, United
States Code, as now existing or hereafter amended. [1991
sp.s. c 13 § 113; 1990 c 33 § 430; 1985 c 311 § 2; 1982 c 126
§ 2. Formerly RCW 28A.02.310.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—Severability—1982 c 126: See notes following RCW
28A.520.010.
Chapter 28A.525
Sections
28A.525.010
28A.525.020
28A.525.030
28A.525.040
28A.525.050
Effective date—1982 c 126: "This act shall take effect July 1, 1983."
[1982 c 126 § 5.]
28A.525.055
Severability—1982 c 126: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1982 c 126 § 4.]
28A.525.060
28A.525.070
28A.525.080
28A.525.090
28A.520.020
28A.520.020 Distribution of forest reserve funds—
Revolving account created—Use—Apportionments
from—As affects basic education allocation. (1) There
shall be a fund known as the federal forest revolving account.
The state treasurer, who shall be custodian of the revolving
[Title 28A RCW—page 194]
Chapter 28A.525 RCW
BOND ISSUES
28A.525.120
28A.525.122
Statement of intent.
Duties of state board of education.
Modernization of existing school facilities.
Portable buildings or classrooms.
Applications for aid—Rules and regulations—Recommendations.
New construction—Eligibility for state assistance—Inventory assessment exclusion.
Manual—Contents—Preparation and revision.
State superintendent to assist districts and state board.
Federal grants—Rules and regulations.
Construction management techniques—Rules—Use—
Information and training.
1967 bond issue for construction, modernization of school
plant facilities—Authorized—Sale, conditions—Form,
terms, etc.
1967 bond issue for construction, modernization of school
plant facilities—Common school building construction
account—Created—Proceeds from bond sale deposited
in—Use.
(2004 Ed.)
Bond Issues
28A.525.124
28A.525.126
28A.525.128
28A.525.130
28A.525.132
28A.525.134
28A.525.140
28A.525.142
28A.525.144
28A.525.146
28A.525.148
28A.525.150
28A.525.152
28A.525.154
28A.525.156
28A.525.158
28A.525.160
28A.525.162
28A.525.164
28A.525.166
28A.525.168
28A.525.170
28A.525.172
28A.525.174
28A.525.176
28A.525.178
28A.525.180
(2004 Ed.)
1967 bond issue for construction, modernization of school
plant facilities—Bonds not general obligation of state—
Bonds, interest on, source for payment of—Pledge.
1967 bond issue for construction, modernization of school
plant facilities—Common school building bond
redemption fund of 1967—Created—Use—Transfer of
funds to—Prior charge against certain common school
construction fund moneys.
1967 bond issue for construction, modernization of school
plant facilities—Legislature may provide additional
means of revenue—General credit of state not pledged.
1967 bond issue for construction, modernization of school
plant facilities—Bonds are negotiable, legal investment
and security.
1967 bond issue for construction, modernization of school
plant facilities—Allotment of funds appropriated from
common school building construction account or common school construction fund—Local responsibility—
Duties, rules and regulations of state board of education.
1967 bond issue for construction, modernization of school
plant facilities—Appropriations to state board of education—Allocation of, limitations.
1969 bond issue for construction, modernization of school
plant facilities—Authorized—Sale, conditions—Form,
terms.
1969 bond issue for construction, modernization of school
plant facilities—Proceeds from bond sale deposited in
common school building construction account—Use.
1969 bond issue for construction, modernization of school
plant facilities—Bonds not general obligation of state—
Bonds, interest on, source of payment of—Pledge.
1969 bond issue for construction, modernization of school
plant facilities—Common school building bond
redemption fund of 1967—Use—Transfer of funds to—
Prior charge against certain common school construction fund moneys.
1969 bond issue for construction, modernization of school
plant facilities—Legislature may provide additional
means of revenue.
1969 bond issue for construction, modernization of school
plant facilities—Bonds are negotiable, legal investment
and security.
1969 bond issue for construction, modernization of school
plant facilities—Allotment of funds appropriated from
common school building construction account—Local
responsibility—Duties of state board of education.
1969 bond issue for construction, modernization of school
plant facilities—Appropriations to state board of education—Allocation of, limitations.
Bonds authorized under RCW 28A.525.120 through
28A.525.154 may be refunded—Security.
Rescinding authority to issue balance of bonds authorized
under RCW 28A.525.140 through 28A.525.154.
1969 appropriation for construction, modernization of
school plant facilities.
Allotment of appropriations for school plant facilities by
state board—Local school district participation—Computing state matching percentage—Rules.
Allotment of appropriations for school plant facilities—
Duties of board.
Allotment of appropriations for school plant facilities—
Basis of state aid for school plant.
Allotment of appropriations for school plant facilities—
Taxable valuation and percentage of state assistance to
be used in determining eligibility.
Allotment of appropriations for school plant facilities—
Additional allotment authorized—Effect of allotment on
future disbursements to district.
Allotment of appropriations for school plant facilities—
Application by district for state assistance—Studies and
surveys by state board.
Allotment of appropriations for school plant facilities—
Manual, other materials to guide and provide information to district.
Allotment of appropriations for school plant facilities—
State board to provide district with consultatory, advisory service.
Allotment of appropriations for school plant facilities—
Modifiable basic or standard plans for school buildings.
Allotment of appropriations for school plant facilities—
Appropriation to be reduced by amount of federal funds
made available for school construction except to federally affected areas.
28A.525.020
28A.525.182
28A.525.190
28A.525.200
28A.525.210
28A.525.212
28A.525.214
28A.525.216
28A.525.218
28A.525.220
28A.525.222
28A.525.230
28A.525.240
28A.525.250
28A.525.260
28A.525.270
28A.525.280
28A.525.290
28A.525.300
28A.525.310
Allotment of appropriations for school plant facilities—Permissible allocations.
Board limited when prioritizes construction.
Specific RCW sections enumerated governing allocation
and distribution of funds for school plant facilities.
1984 bond issue for construction, modernization of school
plant facilities—Intent.
1984 bond issue for construction, modernization of school
plant facilities—Authorized—Sale.
1984 bond issue for construction, modernization of school
plant facilities—Proceeds deposited in common school
construction fund—Use.
1984 bond issue for construction, modernization of school
plant facilities—Proceeds—Administered by state
board of education.
1984 bond issue for construction, modernization of school
plant facilities—State general obligation bond fund utilized for payment of principal and interest—Committee's and treasurer's duties—Form and condition of
bonds.
1984 bond issue for construction, modernization of school
plant facilities—Legislature may provide additional
means for payment.
1984 bond issue for construction, modernization of school
plant facilities—Bonds as legal investment for public
funds.
Bonds authorized—Amount—As compensation for sale of
timber—Sale, conditions.
Bond anticipation notes—Authorized—Payment.
Form, terms, conditions, sale and covenants of bonds and
notes.
Disposition of proceeds from sale of bonds and notes—Use.
State general obligation bond retirement fund utilized for
payment of bond principal and interest—Procedure.
Bonds as legal investment for public funds.
Chapter provisions as limited by other statutes, covenants
and proceedings.
Proceeds from sale of bonds as compensation for sale of
timber from trust lands.
Proceeds from voter-approved bonds, voter-approved levies, and other funding—Use for installment purchase
contracts and leases with options to purchase.
28A.525.010
28A.525.010 Statement of intent. It is hereby declared
to be the intent of the legislature that the following provisions
be enacted for the purpose of establishing and providing for
the operation of a program of state assistance to school districts in providing school plant facilities. [1969 ex.s. c 223 §
28A.47.050. Prior: 1947 c 278 § 1; Rem. Supp. 1947 §
4940-12. Formerly RCW 28A.47.050, 28.47.050.]
28A.525.020
28A.525.020 Duties of state board of education. The
state board of education shall have the power and it shall be
its duty (1) to prescribe rules and regulations governing the
administration, control, terms, conditions, and disbursements
of allotments to school districts to assist them in providing
school plant facilities; (2) to approve allotments to districts
that apply for state assistance whenever the board deems such
action advisable and in so doing to give due consideration to
the findings, reports, and recommendations of the superintendent of public instruction pertaining thereto; (3) to authorize
the payment of approved allotments by warrant of the state
treasurer; and (4) in the event that the amount of state assistance applied for exceeds the funds available for such assistance during any biennium, to make allotments on the basis
of the urgency of need for school facilities in the districts that
apply for assistance and/or to prorate allotments among such
districts in conformity with procedures and regulations applicable thereto which shall be established by the state board.
[1969 ex.s. c 223 § 28A.47.060. Prior: 1947 c 278 § 2; Rem.
Supp. 1947 § 4940-13. Formerly RCW 28A.47.060,
28.47.060.]
[Title 28A RCW—page 195]
28A.525.030
Title 28A RCW: Common School Provisions
28A.525.030
28A.525.030 Modernization of existing school facilities. Whenever funds are appropriated for modernization of
existing school facilities, the state board of education is
authorized to approve the use of such funds for modernization of existing facilities, modernization being limited to
major structural changes in such facilities and, as necessary
to bring such facilities into compliance with the barrier free
access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing
the act, both major and minor structural changes, and may
include as incidental thereto the replacement of fixtures, fittings, furnishings and service systems of a building in order
to bring it up to a contemporary state consistent with the
needs of changing educational programs. The allocation of
such funds shall be made upon the same basis as funds used
for the financing of a new school plant project utilized for a
similar purpose. [1995 c 77 § 23; 1980 c 154 § 17; 1969 ex.s.
c 223 § 28A.47.073. Prior: 1967 ex.s. c 21 § 1. Formerly
RCW 28A.47.073, 28.47.073.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
28A.525.040
28A.525.040 Portable buildings or classrooms. State
matching funds shall not be denied to any school district
undertaking any construction, repairs or improvements for
school district purposes solely on the ground that said construction, repairs and improvements are in connection with
portable buildings or classrooms. [1969 ex.s. c 223 §
28A.47.075. Prior: 1953 c 158 § 1. Formerly RCW
28A.47.075, 28.47.075.]
28A.525.050
28A.525.050 Applications for aid—Rules and regulations—Recommendations. All applications by school districts for state assistance in providing school plant facilities
shall be made to the superintendent of public instruction in
conformity with rules and regulations which shall be prescribed by the state board of education. Studies and surveys
shall be conducted by the aforesaid officer for the purpose of
securing information relating to (1) the kind and extent of the
school plant facilities required and the urgency of need for
such facilities in districts that seek state assistance, (2) the
ability of such districts to provide capital outlay funds by
local effort, (3) the need for improvement of school administrative units and school attendance areas among or within
such districts, and (4) any other pertinent matters. Recommendations respecting action on the aforesaid applications
shall be submitted to the state board of education by the
superintendent of public instruction together with such
reports of the findings, studies, and surveys made by said
officer as may be required by the state board. [1969 ex.s. c
223 § 28A.47.080. Prior: 1947 c 278 § 4; Rem. Supp. 1947 §
4940-15. Formerly RCW 28A.47.080, 28.47.080.]
28A.525.055
28A.525.055 New construction—Eligibility for state
assistance—Inventory assessment exclusion. The state
board of education, for purposes of determining eligibility for
state assistance for new construction, shall adopt rules
excluding from the inventory of available educational space
those spaces that have been constructed for educational and
community activities from grants received from other public
or private entities. [1994 c 219 § 11.]
[Title 28A RCW—page 196]
Finding—1994 c 219: See note following RCW 43.88.030.
28A.525.060
28A.525.060 Manual—Contents—Preparation and
revision. It shall be the duty of the superintendent of public
instruction, in consultation with the Washington state department of social and health services, to prepare, and so often as
the superintendent deems necessary revise, a manual for the
information and guidance of local school district authorities
and others responsible for and concerned with the designing,
planning, maintenance, and operation of school plant facilities for the common schools. In the preparation and revision
of the aforesaid manual due consideration shall be given to
the presentation of information regarding (1) the need for
cooperative state-local district action in planning school plant
facilities arising out of the cooperative plan for financing said
facilities provided for in RCW 28A.525.010 through
28A.525.080 and 28A.335.230; (2) procedures in inaugurating and conducting a school plant planning program for a
school district; (3) standards for use in determining the selection and development of school sites and in designing, planning, and constructing school buildings to the end that the
health, safety, and educational well-being and development
of school children will be served; (4) the planning of readily
expansible and flexible school buildings to meet the requirements of an increasing school population and a constantly
changing educational program; (5) an acceptable school
building maintenance program and the necessity therefor; (6)
the relationship of an efficient school building operations service to the health and educational progress of pupils; and (7)
any other matters regarded by the aforesaid officer as pertinent or related to the purposes and requirements of RCW
28A.525.010 through 28A.525.080 and 28A.335.230. [1990
c 33 § 431; 1979 c 141 § 36; 1969 ex.s. c 223 § 28A.47.090.
Prior: 1947 c 278 § 5; Rem. Supp. 1947 § 4940-16. Formerly
RCW 28A.47.090, 28.47.090.]
28A.525.070
28A.525.070 State superintendent to assist districts
and state board. The superintendent of public instruction
shall furnish (1) to school districts seeking state assistance
consultatory and advisory service in connection with the
development of school building programs and the planning of
school plant facilities for such district, and (2) to the state
board of education such service as may be required by the
board in the exercise of the powers and the performance of
the duties vested in and required to be performed by the
board. [1985 c 136 § 1; 1969 ex.s. c 223 § 28A.47.100. Prior:
1947 c 278 § 6; Rem. Supp. 1947 § 4940-17. Formerly RCW
28A.47.100, 28.47.100.]
28A.525.080
28A.525.080 Federal grants—Rules and regulations.
Insofar as is permissible under acts of congress, funds made
available by the federal government for the purpose of assisting school districts in providing school plant facilities shall
be made available to such districts in conformity with rules
and regulations which the state board of education shall
establish. [1969 ex.s. c 223 § 28A.47.120. Prior: 1947 c 278
§ 8 ; R e m . Su p p . 1 9 4 7 § 4 94 0 -1 9 . Fo r m e r l y R CW
28A.47.120, 28.47.120.]
(2004 Ed.)
Bond Issues
28A.525.090
28A.525.090 Construction management techniques—Rules—Use—Information and training. (1) The
state board of education shall adopt rules for appropriate use
of the following construction management techniques: Value
engineering, constructibility review, building commissioning, and construction management. Rules adopted under this
section shall:
(a) Define each technique as it applies to school buildings;
(b) Describe the scope of work for each technique;
(c) Define the timing for implementing each technique in
the construction process;
(d) Determine the appropriate size of projects for the use
of each technique; and
(e) Determine standards for qualification and performance for each technique.
(2) Except as provided in rules adopted under subsection
(1)(d) of this section, in allocating state moneys provided
under this chapter, the state board of education shall include
in funding for each project, at the state matching percentage,
the cost of each of the construction management techniques
listed in subsection (1) of this section.
(3) When assigning priority and allocating state funds for
construction of common school facilities, the state board of
education shall consider the adequacy of the construction
management techniques used by a district and the compliance
with the rules adopted under subsection (1) of this section.
(4) Except as provided in rules adopted under subsection
(1)(d) of this section, the construction management techniques in subsection (1) of this section shall be used on each
project submitted for approval by the state board of education.
(5)(a) School districts applying for state assistance for
school facilities shall:
(i) Cause value engineering, constructibility review, and
building commissioning to be performed by contract with a
professional firm specializing in those construction management techniques; and
(ii) Contract or employ personnel to perform professional construction management.
(b) All recommendations from the value engineering and
constructibility review construction techniques for a school
project shall be presented to the school district's board of
directors for acceptance or rejection. If the board of directors
rejects a recommendation it shall provide a statement
explaining the reasons for rejecting the recommendation and
include the statement in the application for state assistance to
the state board of education.
(6) The office of the superintendent of public instruction
shall provide:
(a) An information and training program for school districts on the use of the construction management techniques;
and
(b) Consulting services to districts on the benefits and
best uses of these construction management techniques.
[1999 c 313 § 2.]
Findings—1999 c 313: "The legislature finds that certain construction
management techniques will improve the effectiveness of construction and
operation of new school buildings, and that such techniques, including value
engineering, constructibility reviews, building commissioning, and professional construction management, will provide better value to the taxpayers
by reducing construction costs, improving building operations, improving
(2004 Ed.)
28A.525.120
the building environment for the occupants, and reducing future replacement
costs." [1999 c 313 § 1.]
28A.525.120
28A.525.120 1967 bond issue for construction, modernization of school plant facilities—Authorized—Sale,
conditions—Form, terms, etc. For the purpose of furnishing funds for state assistance to school districts in providing
common school plant facilities and modernization of existing
common school plant facilities, there shall be issued and sold
limited obligation bonds of the state of Washington in the
sum of twenty-two million dollars to be paid and discharged
in accordance with terms to be established by the finance
committee. The issuance, sale and retirement of said bonds
shall be under the general supervision and control of the state
finance committee: PROVIDED, That no part of the twentytwo million dollar bond issue shall be sold unless there are
insufficient funds in the common school construction fund to
meet appropriations authorized by RCW 28A.525.120
through 28A.525.134 as evidenced by a joint agreement
entered into between the governor and the superintendent of
public instruction.
The state finance committee is authorized to prescribe
the forms of such bonds; the provisions of sale of all or any
portion or portions of such bonds; the terms, provisions, and
covenants of said bonds, and the sale, issuance and redemption thereof. The covenants of said bonds may include but not
be limited to a covenant for the creation, maintenance and
replenishment of a reserve account or accounts within the
common school building bond redemption fund of 1967 to
secure the payment of the principal of and interest on said
bonds, into which it shall be pledged there will be paid, from
the same sources pledged for the payment of such principal
and interest, such amounts at such times which in the opinion
of the state finance committee are necessary for the most
advantageous sale of said bonds; a covenant that additional
bonds which may be authorized by the legislature payable out
of the same source or sources may be issued on a parity with
the bonds authorized in RCW 28A.525.120 through
28A.525.134 upon compliance with such conditions as the
state finance committee may deem necessary to effect the
most advantageous sale of the bonds authorized in RCW
28A.525.120 through 28A.525.134 and such additional
bonds; and if found reasonably necessary by the state finance
committee to accomplish the most advantageous sale of the
bonds authorized herein or any issue or series thereof, such
committee may select a trustee for the owners and holders of
such bonds or issue or series thereof and shall fix the rights,
duties, powers and obligations of such trustee. The money in
such reserve account or accounts and in such common school
construction fund may be invested in any investments that are
legal for the permanent common school fund of the state, and
any interest earned on or profits realized from the sale of any
such investments shall be deposited in such common school
building bond redemption fund of 1967. None of the bonds
herein authorized shall be sold for less than the par value
thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and upon any coupons attached thereto.
[Title 28A RCW—page 197]
28A.525.122
Title 28A RCW: Common School Provisions
Such bonds shall be payable at such places as the state
finance committee may provide. [1990 c 33 § 440; 1970 ex.s.
c 15 § 26; 1969 c 77 § 4; 1969 ex.s. c 223 § 28A.47.784.
Prior: 1967 ex.s. c 56 § 1. Formerly RCW 28A.47.784.]
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
28A.525.122
28A.525.122 1967 bond issue for construction, modernization of school plant facilities—Common school
building construction account—Created—Proceeds from
bond sale deposited in—Use. The common school building
construction account of the general fund is hereby created as
an account of the general fund and the proceeds from the sale
of the bonds authorized by RCW 28A.525.120 through
28A.525.134 shall be deposited therein and shall be used
exclusively for the purposes of carrying out the provisions of
RCW 28A.525.120 through 28A.525.134 and for payment of
the expense incurred in the printing, issuance and sale of such
bonds. [1990 c 33 § 441; 1969 ex.s. c 223 § 28A.47.785.
Prior: 1967 ex.s. c 56 § 2. Formerly RCW 28A.47.785,
28.47.785.]
28A.525.124
28A.525.124 1967 bond issue for construction, modernization of school plant facilities—Bonds not general
obligation of state—Bonds, interest on, source for payment of—Pledge. Bonds issued under the provisions of
RCW 28A.525.120 through 28A.525.134 shall distinctly
state that they are not a general obligation bond of the state,
but are payable in the manner provided in RCW 28A.525.120
through 28A.525.134 from that portion of the common
school construction fund derived from the interest on the permanent common school fund. That portion of the common
school construction fund derived from interest on the permanent common school fund is hereby pledged to the payment
of any bonds and the interest thereon issued under the provisions of RCW 28A.525.120 through 28A.525.134. [1990 c
33 § 442; 1969 ex.s. c 223 § 28A.47.786. Prior: 1967 ex.s. c
56 § 3. Formerly RCW 28A.47.786, 28.47.786.]
certified by the state finance committee to the state treasurer
shall be a prior charge against that portion of the common
school construction fund derived from interest on the permanent common school fund.
The owner and holder of each of said bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed herein. [1990 c 33 § 443; 1969 c 77 § 5;
1969 ex.s. c 223 § 28A.47.787. Prior: 1967 ex.s. c 56 § 4.
Formerly RCW 28A.47.787.]
28A.525.128
28A.525.128 1967 bond issue for construction, modernization of school plant facilities—Legislature may provide additional means of revenue—General credit of state
not pledged. The legislature may provide additional means
for raising funds for the payment of interest and principal of
the bonds authorized by RCW 28A.525.120 through
28A.525.134 from any source or sources not prohibited by
the state Constitution and RCW 28A.525.120 through
28A.525.134 shall not be deemed to provide an exclusive
method of payment. The power given to the legislature by
this section is permissive and shall not be construed to constitute a pledge of general credit of the state of Washington.
[1990 c 33 § 444; 1969 c 77 § 6; 1969 ex.s. c 223 §
28A.47.788. Prior: 1967 ex.s. c 56 § 5. Formerly RCW
28A.47.788.]
28A.525.130
28A.525.130 1967 bond issue for construction, modernization of school plant facilities—Bonds are negotiable, legal investment and security. The bonds authorized in
RCW 28A.525.120 through 28A.525.134 shall be fully negotiable instruments and shall be legal investment for all state
funds or for funds under state control and all funds of municipal corporations, and shall be legal security for all state,
county and municipal deposits. [1990 c 33 § 445; 1969 ex.s.
c 223 § 28A.47.789. Prior: 1967 ex.s. c 56 § 6. Formerly
RCW 28A.47.789, 28.47.789.]
Common school construction fund: Chapter 28A.515 RCW.
28A.525.132
28A.525.126
28A.525.126 1967 bond issue for construction, modernization of school plant facilities—Common school
building bond redemption fund of 1967—Created—
Use—Transfer of funds to—Prior charge against certain
common school construction fund moneys. The common
school building bond redemption fund of 1967 is hereby created in the state treasury which fund shall be exclusively
devoted to the retirement of the bonds and interest authorized
by RCW 28A.525.120 through 28A.525.134 and to the retirement of and payment of interest on any additional bonds
which may be issued on a parity therewith. The state finance
committee shall, on or before June thirtieth of each year, certify to the state treasurer the amount needed in the ensuing
twelve months to meet reserve account payments, interest
payments on and retirement of bonds payable out of such
common school building bond redemption fund of 1967. On
July first of each year the state treasurer shall transfer such
amount to the common school building bond redemption
fund of 1967 from moneys in the common school construction fund certified by the state finance committee to be interest on the permanent common school fund and such amount
[Title 28A RCW—page 198]
28A.525.132 1967 bond issue for construction, modernization of school plant facilities—Allotment of funds
appropriated from common school building construction
account or common school construction fund—Local
responsibility—Duties, rules and regulations of state
board of education. For the purpose of carrying out the provisions of RCW 28A.525.120 through 28A.525.134 funds
appropriated to the state board of education from the common school building construction account of the general fund
or the common school construction fund shall be allotted by
the state board of education in accordance with the provisions
of *RCW 28A.47.732 through 28A.47.748: PROVIDED,
That no allotment shall be made to a school district for the
purpose aforesaid until such district has provided funds for
school building construction purposes through the issuance
of bonds or through the authorization of excess tax levies or
both in an amount equivalent to ten percent of its taxable valuation or such amount as may be required by the state board
of education. The state board of education shall prescribe and
make effective such rules and regulations as are necessary to
equate insofar as possible the efforts made by school districts
to provide capital funds by the means aforesaid. [1990 c 33 §
(2004 Ed.)
Bond Issues
446; 1969 ex.s. c 223 § 28A.47.790. Prior: 1967 ex.s. c 56 §
7. Formerly RCW 28A.47.790, 28.47.790.]
*Reviser's note: RCW 28A.47.732 through 28A.47.748 were repealed
by 1983 c 189 § 1.
28A.525.134 1967 bond issue for construction, modernization of school plant facilities—Appropriations to
state board of education—Allocation of, limitations.
There is hereby appropriated to the state board of education
the following sums, or so much thereof as may be necessary,
for the purpose of carrying out the provisions of RCW
28A.525.120 through 28A.525.134: (1) Twenty-two million
dollars from the common school building construction
account and (2) twenty-nine million seven hundred forty-four
thousand five hundred and fifty-four dollars from the common school construction fund including three million for
modernization of existing school facilities.
In accordance with RCW 28A.525.132, the state board
of education is authorized to allocate for the purposes of carrying out the provisions of RCW 28A.525.120 through
28A.525.134 the sum of sixty-three million nine hundred
thousand dollars: PROVIDED, That expenditures against
such allocation shall not exceed the amount appropriated in
this section: PROVIDED FURTHER, That no part of the
allocation provided in this section in excess of the total
amount appropriated by RCW 28A.525.120 through
28A.525.134 shall be allocated unless joint agreement of its
necessity shall be determined by the governor and the superintendent of public instruction. [1990 c 33 § 447; 1969 ex.s.
c 223 § 28A.47.791. Prior: 1967 ex.s. c 56 § 8. Formerly
RCW 28A.47.791, 28.47.791.]
28A.525.134
28A.525.140
28A.525.140 1969 bond issue for construction, modernization of school plant facilities—Authorized—Sale,
conditions—Form, terms. For the purpose of furnishing
funds for state assistance to school districts in providing common school plant facilities and modernization of existing
common school plant facilities, there shall be issued and sold
general obligation bonds of the state of Washington in the
sum of twenty-two million five hundred thousand dollars to
be paid and discharged in accordance with terms to be established by the state finance committee. The issuance, sale and
retirement of said bonds shall be under the general supervision and control of the state finance committee: PROVIDED, That no part of the twenty-six million four hundred
thousand dollar bond issue shall be sold unless there are
insufficient funds in the common school construction fund to
meet appropriations authorized by RCW 28A.525.140
through 28A.525.154 as evidenced by a joint agreement
entered into between the governor and the superintendent of
public instruction.
The state finance committee is authorized to prescribe
the forms of such bonds; the provisions of sale of all or any
portion or portions of such bonds; the terms, provisions, and
covenants of said bonds, and the sale, issuance and redemption thereof. The covenants of said bonds may include but not
be limited to a covenant for the creation, maintenance and
replenishment of a reserve account or accounts within the
common school building bond redemption fund of 1967 to
secure the payment of the principal of and interest on said
bonds, into which it shall be pledged there will be paid, from
(2004 Ed.)
28A.525.142
the same sources pledged for the payment of such principal
and interest, such amounts at such times which in the opinion
of the state finance committee are necessary for the most
advantageous sale of said bonds; a covenant that additional
bonds which may be authorized by the legislature payable out
of the same source or sources may be issued on a parity with
the bonds authorized in RCW 28A.525.120 through
28A.525.134 and 28A.525.140 through 28A.525.154 upon
compliance with such conditions as the state finance committee may deem necessary to effect the most advantageous sale
of the bonds authorized in RCW 28A.525.140 through
28A.525.154 and such additional bonds; and if found reasonably necessary by the state finance committee to accomplish
the most advantageous sale of the bonds authorized herein or
any issue or series thereof, such committee may select a
trustee for the owners and holders of such bonds or issue or
series thereof and shall fix the rights, duties, powers and obligations of such trustee. The money in such reserve account or
accounts and in such common school construction fund may
be invested in any investments that are legal for the permanent common school fund of the state, and any interest earned
on or profits realized from the sale of any such investments
shall be deposited in such common school building bond
redemption fund of 1967. None of the bonds herein authorized shall be sold for less than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the issuance of such bonds and upon any coupons attached thereto.
Such bonds shall be payable at such places as the state
finance committee may provide. [1990 c 33 § 448; 1985 ex.s.
c 4 § 11; 1974 ex.s. c 108 § 1; 1971 ex.s. c 4 § 1; 1969 c 13 §
1. Formerly RCW 28A.47.792, 28.47.792.]
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
Severability—1969 c 13: "If any section, paragraph, sentence, clause,
phrase or word of this 1969 act shall be held to be invalid or unconstitutional,
such 1969 act shall not affect nor impair the validity or constitutionality of
any other section, paragraph, sentence, clause, phrase or word of this 1969
act. It is hereby declared that had any section, paragraph, sentence, clause,
phrase or word as to which this 1969 act is declared invalid been eliminated
from the act at the time the same was considered, the act would have nevertheless been enacted with such portions eliminated." [1969 c 13 § 9.]
Rescinding authority to issue balance of bonds authorized under RCW
28A.525.140 through 28A.525.154: RCW 28A.525.158.
28A.525.142
28A.525.142 1969 bond issue for construction, modernization of school plant facilities—Proceeds from bond
sale deposited in common school building construction
account—Use. The proceeds from the sale of the bonds
authorized herein shall be deposited in the common school
building construction account of the general fund and shall be
used exclusively for the purposes of carrying out the provisions of *RCW 28A.47.742 through 28A.47.748, and for
payment of the expense incurred in the printing, issuance and
sale of such bonds. [1969 c 13 § 2. Formerly RCW
28A.47.793, 28.47.793.]
*Reviser's note: RCW 28A.47.742 through 28A.47.748 were repealed
by 1983 c 189 § 1.
Severability—1969 c 13: See note following RCW 28A.525.140.
[Title 28A RCW—page 199]
28A.525.144
Title 28A RCW: Common School Provisions
28A.525.144
28A.525.144 1969 bond issue for construction, modernization of school plant facilities—Bonds not general
obligation of state—Bonds, interest on, source of payment
of—Pledge. Bonds issued under the provisions of RCW
28A.525.140 through 28A.525.154 shall distinctly state that
they are a general obligation bond of the state of Washington,
shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon and
shall contain an unconditional promise to pay such principal
and interest as the same shall become due. The principal of
and interest on such bonds shall be first payable in the manner provided in RCW 28A.525.140 through 28A.525.154
from that portion of the common school construction fund
derived from the interest on the permanent common school
fund. That portion of the common school construction fund
derived from interest on the permanent common school fund
is hereby pledged to the payment of any bonds and the interest thereon issued under the provisions of RCW 28A.525.140
through 28A.525.154. [1990 c 33 § 449; 1974 ex.s. c 108 §
2; 1969 c 13 § 3. Formerly RCW 28A.47.794, 28.47.794.]
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.146
28A.525.146 1969 bond issue for construction, modernization of school plant facilities—Common school
building bond redemption fund of 1967—Use—Transfer
of funds to—Prior charge against certain common school
construction fund moneys. The common school building
bond redemption fund of 1967 has been created in the state
treasury which fund shall be exclusively devoted to the retirement of the bonds and interest authorized by RCW
28A.525.120 through 28A.525.134 and 28A.525.140 through
28A.525.154 and to the retirement of and payment of interest
on any additional bonds which may be issued on a parity
therewith. The state finance committee shall, on or before
June thirtieth of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet reserve
account payments, interest payments on and retirement of
bonds payable out of such common school building bond
redemption fund of 1967. On July first of each year the state
treasurer shall transfer such amount to the common school
building bond redemption fund of 1967 from moneys in the
common school construction fund certified by the state
finance committee to be interest on the permanent common
school fund and such amount certified by the state finance
committee to the state treasurer shall be a prior charge against
that portion of the common school construction fund derived
from interest on the permanent common school fund.
The owner and holder of each of said bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the transfer and payment of
funds as directed herein. [1990 c 33 § 450; 1971 ex.s. c 4 §
2; 1969 c 13 § 4. Formerly RCW 28A.47.795, 28.47.795.]
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.148
28A.525.148 1969 bond issue for construction, modernization of school plant facilities—Legislature may provide additional means of revenue. The legislature may provide additional means for raising funds for the payment of
interest and principal of the bonds authorized by RCW
28A.525.140 through 28A.525.154 from any source or
[Title 28A RCW—page 200]
sources not prohibited by the state Constitution and RCW
28A.525.140 through 28A.525.154 shall not be deemed to
provide an exclusive method of payment. [1990 c 33 § 451;
1974 ex.s. c 108 § 3; 1971 ex.s. c 4 § 3; 1969 c 13 § 5. Formerly RCW 28A.47.796, 28.47.796.]
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.150
28A.525.150 1969 bond issue for construction, modernization of school plant facilities—Bonds are negotiable, legal investment and security. The bonds herein authorized shall be fully negotiable instruments and shall be legal
investment for all state funds or for funds under state control
and all funds of municipal corporations, and shall be legal
security for all state, county and municipal deposits. [1969 c
13 § 6. Formerly RCW 28A.47.797, 28.47.797.]
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.152
28A.525.152 1969 bond issue for construction, modernization of school plant facilities—Allotment of funds
appropriated from common school building construction
account—Local responsibility—Duties of state board of
education. For the purpose of carrying out the provisions of
RCW 28A.525.140 through 28A.525.154 funds appropriated
to the state board of education from the common school
building construction account of the general fund shall be
allotted by the state board of education in accordance with the
provisions of *RCW 28A.47.732 through 28A.47.748: PROVIDED, That no allotment shall be made to a school district
for the purpose aforesaid until such district has provided
funds for school building construction purposes through the
issuance of bonds or through the authorization of excess tax
levies or both in an amount equivalent to ten percent of its
taxable valuation or such amount as may be required by the
state board of education. The state board of education shall
prescribe and make effective such rules and regulations as are
necessary to equate insofar as possible the efforts made by
school districts to provide capital funds by the means aforesaid. [1990 c 33 § 452; 1969 c 13 § 7. Formerly RCW
28A.47.798, 28.47.798.]
*Reviser's note: RCW 28A.47.732 through 28A.47.748 were repealed
by 1983 c 189 § 1.
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.154
28A.525.154 1969 bond issue for construction, modernization of school plant facilities—Appropriations to
state board of education—Allocation of, limitations.
There is hereby appropriated to the state board of education
the following sums or so much thereof as may be necessary
for the purpose of carrying out the provisions of RCW
28A.525.140 through 28A.525.154: Twenty-six million four
hundred thousand dollars from the common school building
construction account of the general fund and five million
seven hundred and fifty-five thousand four hundred and
forty-six dollars from the common school construction fund.
In accordance with RCW 28A.525.152, the state board
of education is authorized to allocate for the purposes of carrying out the provisions of RCW 28A.525.140 through
28A.525.154 the entire amount of such appropriation as hereinabove in this section provided which is not already allocated for that purpose: PROVIDED, That expenditures
(2004 Ed.)
Bond Issues
against such allocation shall not exceed the amount appropriated in this section. [1990 c 33 § 453; 1969 c 13 § 8. Formerly RCW 28A.47.799, 28.47.799.]
Severability—1969 c 13: See note following RCW 28A.525.140.
28 A.5 25.15 6 Bo nds aut horized under RCW
28A.525.120 through 28A.525.154 may be refunded—
Security. Any or all of the heretofore issued and outstanding
bonds authorized by RCW 28A.525.120 through
28A.525.134 and 28A.525.140 through 28A.525.154 may be
refunded by the issuance of general obligation bonds of the
state of Washington pursuant to the provisions of chapter
39.53 RCW as heretofore or hereafter amended. Any such
refunding general obligation bonds shall be additionally
secured as to the payment thereof by a pledge of interest on
the permanent common school fund. [1990 c 33 § 454; 1974
ex.s. c 108 § 4. Formerly RCW 28A.47.7991.]
28A.525.156
28A.525.158 Rescinding authority to issue balance of
bonds authorized under RCW 28A.525.140 through
28A.525.154. Authority to issue the balance of general obligation bonds authorized by chapter 13, Laws of 1969 and
unissued in the amount of three million nine hundred thousand dollars is hereby rescinded. [1979 ex.s. c 241 § 13. Formerly RCW 28A.47.7992.]
28A.525.158
Effective date—1979 ex.s. c 241: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the
state government and its existing public institutions, and shall take effect
immediately [June 15, 1979]." [1979 ex.s. c 241 § 15.]
Severability—1979 ex.s. c 241: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 241 § 14.]
28A.525.160 1969 appropriation for construction,
modernization of school plant facilities. For the purpose of
furnishing funds for state assistance to school districts in providing common school plant facilities and modernization of
existing common school plant facilities, there is hereby
appropriated from the common school construction fund the
sum of thirty-seven million, four thousand, four hundred
twenty-seven dollars. [1969 ex.s. c 244 § 1. Formerly RCW
28A.47.800, 28.47.800.]
28A.525.160
Severability—1969 ex.s. c 244: "If any section, paragraph, sentence,
clause, phrase or word of this act should be held to be invalid or unconstitutional, such act shall not affect nor impair the validity or constitutionality of
any other section, paragraph, sentence, clause, phrase or word of this act. It
is hereby declared that had any section, paragraph, sentence, clause, phrase
or word as to which this act is declared invalid been eliminated from the act
at the time the same was considered, the act would have nevertheless been
enacted with such portions eliminated." [1969 ex.s. c 244 § 16.]
28A.525.162 Allotment of appropriations for school
plant facilities by state board—Local school district participation—Computing state matching percentage—
Rules. (1) Funds appropriated to the state board of education
from the common school construction fund shall be allotted
by the state board of education in accordance with student
enrollment and the provisions of RCW 28A.525.200.
(2) No allotment shall be made to a school district until
such district has provided matching funds equal to or greater
than the difference between the total approved project cost
and the amount of state assistance to the district for financing
28A.525.162
(2004 Ed.)
28A.525.162
the project computed pursuant to RCW 28A.525.166, with
the following exceptions:
(a) The state board may waive the matching requirement
for districts which have provided funds for school building
construction purposes through the authorization of bonds or
through the authorization of excess tax levies or both in an
amount equivalent to two and one-half percent of the value of
its taxable property, as defined in RCW 39.36.015.
(b) No such matching funds shall be required as a condition to the allotment of funds for the purpose of making major
or minor structural changes to existing school facilities in
order to bring such facilities into compliance with the barrier
free access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing the act.
(3) For the purpose of computing the state matching percentage under RCW 28A.525.166 when a school district is
granted authority to enter into contracts, adjusted valuation
per pupil shall be calculated using headcount student enrollments from the most recent October enrollment reports submitted by districts to the superintendent of public instruction,
adjusted as follows:
(a) In the case of projects for which local bonds were
approved after May 11, 1989:
(i) For districts which have been designated as serving
high school districts under RCW 28A.540.110, students
residing in the nonhigh district so designating shall be
excluded from the enrollment count if the student is enrolled
in any grade level not offered by the nonhigh district;
(ii) The enrollment of nonhigh school districts shall be
increased by the number of students residing within the district who are enrolled in a serving high school district so designated by the nonhigh school district under RCW
28A.540.110, including only students who are enrolled in
grade levels not offered by the nonhigh school district; and
(iii) The number of preschool students with disabilities
included in the enrollment count shall be multiplied by onehalf;
(b) In the case of construction or modernization of high
school facilities in districts serving students from nonhigh
school districts, the adjusted valuation per pupil shall be computed using the combined adjusted valuations and enrollments of each district, each weighted by the percentage of the
district's resident high school students served by the high
school district; and
(c) The number of kindergarten students included in the
enrollment count shall be multiplied by one-half.
(4) The state board of education shall prescribe and make
effective such rules as are necessary to equate insofar as possible the efforts made by school districts to provide capital
funds by the means aforesaid.
(5) For the purposes of this section, "preschool students
with disabilities" means developmentally disabled children
of preschool age who are entitled to services under RCW
28A.155.010 through 28A.155.100 and are not included in
the kindergarten enrollment count of the district. [1995 c 77
§ 24; 1990 c 33 § 455; 1989 c 321 § 1; 1980 c 154 § 18; 1974
ex.s. c 56 § 1; 1970 ex.s. c 42 § 5; 1969 ex.s. c 244 § 2. Formerly RCW 28A.47.801, 28.47.801.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
[Title 28A RCW—page 201]
28A.525.164
Title 28A RCW: Common School Provisions
Severability—1974 ex.s. c 56: "If any provision of this 1974 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1974 ex.s. c 56 § 9.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
28A.525.164 Allotment of appropriations for school
plant facilities—Duties of board. In allotting the state
funds provided by RCW 28A.525.160 through 28A.525.182,
the state board of education shall:
(1) Prescribe rules and regulations not inconsistent with
RCW 28A.525.160 through 28A.525.182 governing the
administration, control, terms, conditions, and disbursement
of allotments to school districts to assist them in providing
school plant facilities;
(2) Approve, whenever the board deems such action
advisable, allotments to districts that apply for state assistance;
(3) Authorize the payment of approved allotments by
warrant of the state treasurer; and
(4) In the event that the amount of state assistance
applied for pursuant to the provisions hereof exceeds the
funds available for such assistance during any biennium,
make allotments on the basis of the urgency of need for
school facilities in the districts that apply for assistance or
prorate allotments among such districts in conformity with
procedures and regulations applicable thereto which shall be
established by the board. [1990 c 33 § 456; 1989 c 321 § 2;
1974 ex.s. c 56 § 2; 1969 ex.s. c 244 § 3. Formerly RCW
28A.47.802, 28.47.802.]
28A.525.164
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
28A.525.166 Allotment of appropriations for school
plant facilities—Basis of state aid for school plant. Allocations to school districts of state funds provided by RCW
28A.525.160 through 28A.525.182 shall be made by the state
board of education and the amount of state assistance to a
school district in financing a school plant project shall be
determined in the following manner:
(1) The boards of directors of the districts shall determine the total cost of the proposed project, which cost may
include the cost of acquiring and preparing the site, the cost
of constructing the building or of acquiring a building and
preparing the same for school use, the cost of necessary
equipment, taxes chargeable to the project, necessary architects' fees, and a reasonable amount for contingencies and for
other necessary incidental expenses: PROVIDED, That the
total cost of the project shall be subject to review and
approval by the state board of education.
(2) The state matching percentage for a school district
shall be computed by the following formula:
The ratio of the school district's adjusted valuation per
pupil divided by the ratio of the total state adjusted valuation
per pupil shall be subtracted from three, and then the result of
the foregoing shall be divided by three plus (the ratio of the
school district's adjusted valuation per pupil divided by the
ratio of the total state adjusted valuation per pupil).
28A.525.166
[Title 28A RCW—page 202]
Computed
State =
Ratio
District adjusted
3-valuation
per pupil
Total state
÷ adjusted valuation
per pupil
District adjusted
3+valuation
per pupil
= - % AssistTotal state
ance
÷ adjusted valuation
per pupil
State
PROVIDED, That in the event the percentage of state assistance to any school district based on the above formula is less
than twenty percent and such school district is otherwise eligible for state assistance under RCW 28A.525.160 through
28A.525.182, the state board of education may establish for
such district a percentage of state assistance not in excess of
twenty percent of the approved cost of the project, if the state
board finds that such additional assistance is necessary to
provide minimum facilities for housing the pupils of the district.
(3) In addition to the computed percent of state assistance developed in (2) above, a school district shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed percent of state
assistance for each percent of growth, with a maximum of
twenty percent.
(4) The approved cost of the project determined in the
manner herein prescribed times the percentage of state assistance derived as provided for herein shall be the amount of
state assistance to the district for the financing of the project:
PROVIDED, That need therefor has been established to the
satisfaction of the state board of education: PROVIDED,
FURTHER, That additional state assistance may be allowed
if it is found by the state board of education that such assistance is necessary in order to meet (a) a school housing emergency resulting from the destruction of a school building by
fire, the condemnation of a school building by properly constituted authorities, a sudden excessive and clearly foreseeable future increase in school population, or other conditions
similarly emergent in nature; or (b) a special school housing
burden resulting from industrial projects of statewide significance or imposed by virtue of the admission of nonresident
students into educational programs established, maintained
and operated in conformity with the requirements of law; or
(c) a deficiency in the capital funds of the district resulting
from financing, subsequent to April 1, 1969, and without
benefit of the state assistance provided by prior state assistance programs, the construction of a needed school building
project or projects approved in conformity with the requirements of such programs, after having first applied for and
been denied state assistance because of the inadequacy of
state funds available for the purpose, or (d) a condition created by the fact that an excessive number of students live in
state owned housing, or (e) a need for the construction of a
school building to provide for improved school district organization or racial balance, or (f) conditions similar to those
defined under (a), (b), (c), (d) and (e) hereinabove, creating a
like emergency. [1997 c 369 § 9; 1990 c 33 § 457; 1989 c
321 § 3; 1975 1st ex.s. c 98 § 1; 1974 ex.s. c 56 § 3; 1969 ex.s.
c 244 § 4. Formerly RCW 28A.47.803, 28.47.803.]
Effective date—1975 1st ex.s. c 98: "This 1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety,
(2004 Ed.)
Bond Issues
the support of the state government and its existing public institutions, and
shall take effect July 1, 1975." [1975 1st ex.s. c 98 § 3.]
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
Industrial project of statewide significance—Defined: RCW 43.157.010.
28A.525.168
28A.525.168 Allotment of appropriations for school
plant facilities—Taxable valuation and percentage of
state assistance to be used in determining eligibility.
Whenever the voters of a school district authorize the issuance of bonds and/or the levying of excess taxes in an amount
sufficient to meet the requirements of RCW 28A.525.162
respecting eligibility for state assistance in providing school
facilities, the taxable valuation of the district and the percentage of state assistance in providing school facilities prevailing at the time of such authorization shall be the valuation
and the percentage used for the purpose of determining the
eligibility of the district for an allotment of state funds and
the amount or amounts of such allotments, respectively, for
all projects for which the voters authorize capital funds as
aforesaid, unless a higher percentage of state assistance prevails on the date that state funds for assistance in financing a
project are allotted by the state board of education in which
case the percentage prevailing on the date of allotment by the
state board of funds for each project shall govern: PROVIDED, That if the state board of education determines at
any time that there has been undue or unwarranted delay on
the part of school district authorities in advancing a project to
the point of readiness for an allotment of state funds, the taxable valuation of the school district and the percentage of
state assistance prevailing on the date that the allotment is
made shall be used for the purposes aforesaid: PROVIDED,
FURTHER, That the date herein specified as applicable in
determining the eligibility of an individual school district for
state assistance and in determining the amount of such assistance shall be applicable also to cases where it is necessary in
administering chapter 28A.540 RCW to determine eligibility
for and the amount of state assistance for a group of school
districts considered as a single school administrative unit.
[1990 c 33 § 458; 1969 ex.s. c 244 § 5. Formerly RCW
28A.47.804, 28.47.804.]
Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
28A.525.170
28A.525.170 Allotment of appropriations for school
plant facilities—Additional allotment authorized—Effect
of allotment on future disbursements to district. If a
school district which has qualified for an allotment of state
funds under the provisions of RCW 28A.525.160 through
28A.525.182 for school building construction is found by the
state board of education to have a school housing emergency
requiring an allotment of state funds in excess of the amount
allocable under RCW 28A.525.166, an additional allotment
may be made to such district: PROVIDED, That the total
amount allotted shall not exceed ninety percent of the total
cost of the approved project which may include the cost of
the site and equipment. At any time thereafter when the state
board of education finds that the financial position of such
school district has improved through an increase in its taxable
valuation or through retirement of bonded indebtedness or
(2004 Ed.)
28A.525.174
through a reduction in school housing requirements, or for
any combination of these reasons, the amount of such additional allotment, or any part of such amount as the state board
of education determines, shall be deducted, under terms and
conditions prescribed by the board, from any state school
building construction funds which might otherwise be provided to such district. [1990 c 33 § 459; 1974 ex.s. c 56 § 4;
1969 ex.s. c 244 § 6. Formerly RCW 28A.47.805,
28.47.805.]
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Seve ra bili ty— 1969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
28A.525.172
28A.525.172 Allotment of appropriations for school
plant facilities—Application by district for state assistance—Studies and surveys by state board. All applications by school districts for state assistance in providing
school plant facilities shall be made to the superintendent of
public instruction in conformity with rules and regulations
which shall be prescribed by the state board of education.
Studies and surveys shall be conducted by the state board for
the purpose of securing information relating to (a) the kind
and extent of the school plant facilities required and the
urgency of need for such facilities in districts that seek state
assistance, (b) the ability of such districts to provide capital
funds by local effort, (c) the need for improvement of school
administrative units and school attendance areas among or
within such districts, and (d) any other pertinent matters.
[1969 ex.s. c 244 § 7. Formerly RCW 28A.47.806,
28.47.806.]
Seve ra bili ty— 1969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.162.
28A.525.174
28A.525.174 Allotment of appropriations for school
plant facilities—Manual, other materials to guide and
provide information to district. It shall be the duty of the
state board of education, in consultation with the Washington
state department of social and health services, to prepare a
manual and/or to specify other materials for the information
and guidance of local school district authorities and others
responsible for and concerned with the designing, planning,
maintenance and operation of school plant facilities for the
public schools. In so doing due consideration shall be given
to the presentation of information regarding (a) the need for
cooperative state-local district action in planning school plant
facilities arising out of the cooperative plan for financing said
facilities provided for in RCW 28A.525.160 through
28A.525.182; (b) procedures in inaugurating and conducting
a school plant planning program for a school district; (c) standards for use in determining the selection and development of
school sites and in designing, planning, and constructing
school buildings to the end that the health, safety, and educational well-being and development of school children will be
served; (d) the planning of readily expansible and flexible
school buildings to meet the requirements of an increasing
school population and a constantly changing educational program; (e) an acceptable school building maintenance program and the necessity therefor; (f) the relationship of an efficient school building operations service to the health and
educational progress of pupils; and (g) any other matters
regarded by the state board as pertinent or related to the pur[Title 28A RCW—page 203]
28A.525.176
Title 28A RCW: Common School Provisions
poses and requirements of RCW 28A.525.160 through
28A.525.182. [1990 c 33 § 460; 1979 c 141 § 39; 1974 ex.s.
c 56 § 5; 1969 ex.s. c 244 § 8. Formerly RCW 28A.47.807,
28.47.807.]
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
28A.525.176 Allotment of appropriations for school
plant facilities—State board to provide district with consultatory, advisory service. The state board of education
shall furnish to school districts seeking state assistance under
the provisions of RCW 28A.525.160 through 28A.525.182
consultatory and advisory service in connection with the
development of school building programs and the planning of
school plant facilities. [1990 c 33 § 461; 1974 ex.s. c 56 § 6;
1969 ex.s. c 244 § 9. Form erly RCW 28A.47.808,
28.47.808.]
28A.525.176
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
28A.525.178 Allotment of appropriations for school
plant facilities—Modifiable basic or standard plans for
school buildings. Whenever in the judgment of the state
board of education economies may be effected without
impairing the usefulness and adequacy of school buildings,
said board may prescribe rules and regulations and establish
procedures governing the preparation and use of modifiable
basic or standard plans for school building construction
projects for which state assistance funds provided by RCW
28A.525.160 through 28A.525.182 are allotted. [1990 c 33 §
462; 1974 ex.s. c 56 § 7; 1969 ex.s. c 244 § 10. Formerly
RCW 28A.47.809, 28.47.809.]
28A.525.182
28A.525.182 Allotment of appropriations for school
plant facilities—Permissible allocations. In accordance
with RCW 28A.525.162, the state board of education is
authorized to allocate for the purposes of carrying out the
provisions of RCW 28A.525.160 through 28A.525.180 the
sum of forty-three million, two hundred thousand dollars:
PROVIDED, That expenditures against such allocation shall
not exceed the amount appropriated in RCW 28A.525.160.
[1990 c 33 § 464; 1969 ex.s. c 244 § 12. Formerly RCW
28A.47.811, 28.47.811.]
Seve ra bili ty— 1969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
28A.525.190
28A.525.190 Board limited when prioritizes construction. The state board of education shall prioritize the
construction of common school facilities only from funds
appropriated and available in the common school construction fund. [1975 1st ex.s. c 98 § 2. Formerly RCW
28A.47.820.]
Effective date—1975 1st ex.s. c 98: See note following RCW
28A.525.166.
28A.525.178
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
28A.525.180 Allotment of appropriations for school
plant facilities—Appropriation to be reduced by amount
of federal funds made available for school construction
except to federally affected areas. The total amount of
f u n d s a p p r o p r i ate d u n d e r t h e pr o vi s io n s o f R C W
28A.525.160 through 28A.525.182 shall be reduced by the
amount of federal funds made available during each biennium for school construction purposes under any applicable
federal law. The funds appropriated by RCW 28A.525.160
through 28A.525.182 and available for allotment by the state
board of education shall be reduced by the amount of such
federal funds made available. Notwithstanding the foregoing
provisions of this section, the total amount of funds appropriated by RCW 28A.525.160 through 28A.525.182 shall not be
reduced by reason of any grants to any school district of federal moneys paid under Public Law No. 815 or any other federal act authorizing school building construction assistance to
federally affected areas. [1990 c 33 § 463; 1974 ex.s. c 56 §
8; 1969 ex.s. c 244 § 11. Formerly RCW 28A.47.810,
28.47.810.]
28A.525.180
Severability—1974 ex.s. c 56: See note following RCW 28A.525.162.
Seve ra bi li ty—1 969 e x.s. c 244 : Se e no te fo llo wing R CW
28A.525.160.
[Title 28A RCW—page 204]
28A.525.200
28A.525.200 Specific RCW sections enumerated governing allocation and distribution of funds for school
plant facilities. Notwithstanding any other provision of
RCW 28A.525.010 through 28A.525.222, the allocation and
distribution of funds by the state board of education which
are now or may hereafter be appropriated for the purposes of
providing assistance in the construction of school plant facilities shall be governed by RCW 28A.525.010 through
28A.525.080 and 28A.525.162 through 28A.525.178. [1990
c 33 § 465; 1985 c 136 § 2; 1977 ex.s. c 227 § 1. Formerly
RCW 28A.47.830.]
28A.525.210
28A.525.210 1984 bond issue for construction, modernization of school plant facilities—Intent. It is the intent
of the legislature to authorize general obligation bonds of the
state of Washington for common school plant facilities which
provides for the reimbursement of the state treasury for principal and interest payments and which therefore is not subject
to the limitations on indebtedness under RCW 39.42.060.
[1984 c 266 § 1. Formerly RCW 28A.47.840.]
Severability—1984 c 266: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1984 c 266 § 8.]
28A.525.212
28A.525.212 1984 bond issue for construction, modernization of school plant facilities—Authorized—Sale.
For the purpose of furnishing funds for state assistance to
school districts in providing common school plant facilities
and modernization of existing common school plant facilities, and to provide for the state administrative cost of such
projects, including costs of bond issuance and retirement, salaries and related costs of officials and employees of the state,
costs of credit enhancement agreements, and other expenses
incidental to the administration of capital projects, the state
finance committee is authorized to issue general obligation
bonds of the state of Washington in the sum of forty million
one hundred seventy thousand dollars, or so much thereof as
(2004 Ed.)
Bond Issues
may be required, to finance these projects and all costs incidental thereto.
Bonds authorized in this section may be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. No such
bonds may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. The state
finance committee may obtain insurance or letters of credit
and may authorize the execution and delivery of agreements,
promissory notes, and other obligations for the purpose of
insuring the payment or enhancing the marketability of bonds
authorized in this section. Promissory notes or other obligations issued pursuant to this section shall not constitute a debt
or the contracting of indebtedness under any constitutional or
statutory indebtedness limitation if their payment is conditioned upon the failure of the state to pay the principal of or
interest on the bonds with respect to which the same relate.
[1985 ex.s. c 3 § 1; 1984 c 266 § 2. Formerly RCW
28A.47.841.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.214
28A.525.214 1984 bond issue for construction, modernization of school plant facilities—Proceeds deposited
in common school construction fund—Use. The proceeds
from the sale of the bonds authorized in RCW 28A.525.212
shall be deposited in the common school construction fund
and shall be used exclusively for the purposes specified in
RCW 28A.525.212 and section 887, chapter 57, Laws of
1983 1st ex. sess. and for the payment of expenses incurred in
the issuance and sale of the bonds. [1990 c 33 § 466; 1984 c
266 § 3. Formerly RCW 28A.47.842.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.216
28A.525.216 1984 bond issue for construction, modernization of school plant facilities—Proceeds—Administered by state board of education. The proceeds from the
sale of the bonds deposited under RCW 28A.525.214 in the
common school construction fund shall be administered by
the state board of education. [1990 c 33 § 467; 1984 c 266 §
4. Formerly RCW 28A.47.843.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.218
28A.525.218 1984 bond issue for construction, modernization of school plant facilities—State general obligation bond fund utilized for payment of principal and
interest—Committee's and treasurer's duties—Form and
condition of bonds. The state general obligation bond retirement fund shall be used for the payment of the principal of
and interest on the bonds authorized in RCW 28A.525.212.
The state finance committee may provide that a special
account be created in such fund to facilitate payment of such
principal and interest.
The state finance committee shall, on or before June 30th
of each year, certify to the state treasurer the amount required
for principal and interest on such bonds in accordance with
the provisions of the bond proceedings. The state treasurer
shall withdraw from any general state revenues received in
the state treasury and deposit in the general obligation bond
retirement fund, or a special account in such fund, such
amounts and at such times as are required by the bond pro(2004 Ed.)
28A.525.230
ceedings. On each date on which any interest or principal and
interest is due, the state treasurer shall cause an identical
amount to be transferred to the general fund of the state treasury from that portion of the common school construction
fund derived from the interest on the permanent common
school fund. The transfers from the common school construction fund shall be subject to all pledges, liens, and encumbrances heretofore granted or created on the portion of the
fund derived from interest on the permanent common school
fund. Any deficiency in such transfer shall be made up as
soon as moneys are available for transfer and shall constitute
a continuing obligation of that portion of the common school
construction fund derived from the interest on the permanent
common school fund until all deficiencies are fully paid.
Bonds issued under RCW 28A.525.212 shall state that
they are a general obligation of the state of Washington, shall
pledge the full faith and credit of the state to the payment of
the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.
The owner and holder of each of the bonds or the trustee
for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and
payment of funds as directed in this section. [1990 c 33 §
468; 1985 ex.s. c 3 § 2; 1984 c 266 § 5. Formerly RCW
28A.47.844.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.220
28A.525.220 1984 bond issue for construction, modernization of school plant facilities—Legislature may provide additional means for payment. The legislature may
provide additional means for raising moneys for the payment
of the principal of and interest on the bonds authorized in
RCW 28A.525.212 and 28A.525.218 shall not be deemed to
provide an exclusive method for the payment. [1990 c 33 §
469; 1984 c 266 § 6. Formerly RCW 28A.47.845.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.222
28A.525.222 1984 bond issue for construction, modernization of school plant facilities—Bonds as legal
investment for public funds. The bonds authorized in RCW
28A.525.212 shall be a legal investment for all state funds or
funds under state control and for all funds of any other public
body. [1990 c 33 § 470; 1984 c 266 § 7. Formerly RCW
28A.47.846.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.230
28A.525.230 Bonds authorized—Amount—As compensation for sale of timber—Sale, conditions. For the
purpose of furnishing funds for state assistance to school districts in providing for the construction of common school
plant facilities, the state finance committee is hereby authorized to issue general obligation bonds of the state of Washington in the sum of twenty-two million seven hundred thousand dollars or so much thereof as may be required to provide
state assistance to local school districts for the construction of
common school plant facilities and to compensate the common school construction fund for the sale of timber from
common school, indemnity, and escheat trust lands sold to
the parks and recreation commission prior to March 13, 1980,
[Title 28A RCW—page 205]
28A.525.240
Title 28A RCW: Common School Provisions
pursuant to RCW *43.51.270 and **43.51.280. The amount
of bonds issued under RCW 28A.525.230 through
28A.525.300 shall not exceed the fair market value of the
timber. No bonds authorized by RCW 28A.525.230 through
28A.525.300 shall be offered for sale without prior legislative appropriation and these bonds shall be paid and discharged in not more than thirty years of the date of issuance.
[1990 c 33 § 471; 1985 ex.s. c 4 § 12; 1980 c 141 § 1. Formerly RCW 28A.47B.010.]
Reviser's note: *(1) RCW 43.51.270 was recodified as RCW
79A.05.210 pursuant to 1999 c 249 § 1601.
**(2) RCW 43.51.280 was repealed by 1995 c 211 § 6, effective July
1, 1995.
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
o f a n d i n t er es t o n t h e b o n d s a u t h o r iz e d b y R C W
28A.525.230 through 28A.525.300.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amounts
required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the
bonds and the dates on which the payments are due. The state
treasurer, not less than thirty days prior to the date on which
any interest or principal and interest payment is due, shall
withdraw from any general state revenues or any other funds
constitutionally available and received in the state treasury
and deposit in the state general obligation bond retirement
fund an amount equal to the amount certified by the state
finance committee to be due on the payment date. [1990 c 33
§ 474; 1980 c 141 § 5. Formerly RCW 28A.47B.050.]
28A.525.240
28A.525.240 Bond anticipation notes—Authorized—
Payment. When the state finance committee has determined
to issue the general obligation bonds or a portion thereof as
authorized in RCW 28A.525.230 it may, pending the issuance thereof, issue in the name of the state temporary notes in
anticipation of the issuance of the bonds, which notes shall be
designated as "bond anticipation notes." Such portion of the
proceeds of the sale of bonds as may be required for the payment of the principal of and redemption premium, if any, and
interest on the notes shall be applied thereto when the bonds
are issued. [1990 c 33 § 472; 1980 c 141 § 2. Formerly RCW
28A.47B.020.]
28A.525.250
28A.525.250 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is
authorized to prescribe the form, terms, conditions, and covenants of the bonds and the bond anticipation notes authorized by this chapter, the time or times of sale of all or any
portion of them, and the conditions and manner of their sale
and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and
interest thereon when due. [1980 c 141 § 3. Formerly RCW
28A.47B.030.]
28A.525.260
28A.525.260 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes, the proceeds
from the sale of the bonds and bond anticipation notes authorized by RCW 28A.525.230 through 28A.525.300, and any
interest earned on the proceeds, together with all grants,
donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to
deposit therein, shall be deposited in the common school construction fund and shall be used exclusively for the purposes
of carrying out RCW 28A.525.230 through 28A.525.300,
and for payment of the expense incurred in the printing, issuance and sale of the bonds. [1990 c 33 § 473; 1980 c 141 § 4.
Formerly RCW 28A.47B.040.]
28A.525.280
28A.525.280 Bonds as legal investment for public
funds. The bonds authorized by RCW 28A.525.230 through
28A.525.300 shall constitute a legal investment for all state
funds or for funds under state control and all funds of municipal corporations. [1990 c 33 § 475; 1980 c 141 § 6. Formerly
RCW 28A.47B.060.]
28A.525.290
28A.525.290 Chapter provisions as limited by other
statutes, covenants and proceedings. No provisions of
RCW 28A.525.230 through 28A.525.300 shall be deemed to
repeal, override, or limit any provision of RCW 28A.525.120
through 28A.525.182, nor any provision or covenant of the
proceedings of the state finance committee acting for and on
behalf of the state of Washington heretofore or hereafter
taken in the issuance of its revenue or general obligation
bonds secured by a pledge of the interest earnings of the permanent common school fund under these statutes. [1990 c 33
§ 476; 1980 c 141 § 7. Formerly RCW 28A.47B.070.]
28A.525.300
28A.525.300 Proceeds from sale of bonds as compensation for sale of timber from trust lands. The proceeds
received from the sale of the bonds issued under RCW
28A.525.230 through 28A.525.300 which are deposited in
the common school construction fund and available for common school construction purposes shall serve as total compensation to the common school construction fund for the
proceeds from the sale of timber from trust lands sold prior to
March 13, 1980, to the state parks and recreation commission
pursuant to RCW *43.51.270 and **43.51.280 which are
required to be deposited in the common school construction
fund. The superintendent of public instruction and the state
board of education shall expend by June 30, 1981, the proceeds received from the bonds issued under RCW
28A.525.230 through 28A.525.300. [1990 c 33 § 477; 1980
c 141 § 8. Formerly RCW 28A.47B.080.]
Reviser's note: *(1) RCW 43.51.270 was recodified as RCW
79A.05.210 pursuant to 1999 c 249 § 1601.
**(2) RCW 43.51.280 was repealed by 1995 c 211 § 6, effective July
1, 1995.
28A.525.310
28A.525.270
28A.525.270 State general obligation bond retirement fund utilized for payment of bond principal and
interest—Procedure. The state general obligation bond
retirement fund shall be used for the payment of the principal
[Title 28A RCW—page 206]
28A.525.310 Proceeds from voter-approved bonds,
voter-approved levies, and other funding—Use for
installment purchase contracts and leases with options to
purchase. The board of directors of any school district may
use the proceeds of voter-approved bonds, voter-approved
(2004 Ed.)
District Bonds for Land, Buildings, and Equipment
levies, state allocations for financial assistance, or other
funds available to the district for: (1) Payment of an installment purchase contract for school plant facilities; or (2) payments under any financing lease the term of which is ten
years or longer and that contains an option by the school district to purchase the leased property for nominal consideration. The authority granted by this section for the use of
moneys from such sources is in addition to, and not in limitation of, any other authority provided by law, and the proceeds
of voter-approved bonds or tax levies may be used for such
payments to the full extent allowed by Article VII, section 2
of the state Constitution. [1999 c 386 § 2.]
Chapter 28A.530 RCW
DISTRICT BONDS FOR LAND, BUILDINGS,
AND EQUIPMENT
Chapter 28A.530
28A.530.030
The bonds shall be issued and sold in accordance with
chapter 39.46 RCW. [1999 c 386 § 3; 1991 c 114 § 3; 1984 c
186 § 10; 1983 c 167 § 21; 1980 c 170 § 1; 1970 ex.s. c 42 §
7; 1969 c 142 § 2; 1969 ex.s. c 223 § 28A.51.010. Prior: 1953
c 163 § 1; 1927 c 99 § 1; 1921 c 147 § 1; 1919 c 90 § 12; 1909
c 97 p 324 § 1; RRS § 4941; prior: 1907 c 240 § 7 1/2; 1907
c 101 § 1; 1903 c 153 § 1; 1897 c 118 § 117; 1890 p 45 § 1.
Formerly RCW 28A.51.010, 28.51.010, 28.51.050, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Validation—1969 c 142: See RCW 39.36.900.
School funds enumerated—Deposits—Uses—Energy audits: RCW
28A.320.330.
28A.530.020
Sections
28A.530.010
28A.530.020
28A.530.030
28A.530.040
28A.530.050
28A.530.060
28A.530.070
28A.530.080
28A.530.010
Directors may borrow money, issue bonds.
Bond issuance—Election—Resolution to specify purposes.
Disposition of bond proceeds—Capital projects fund.
Refunding former issues without vote of the people.
Holder to notify treasurer—Redemption.
Expense of county treasurer.
Exchange of warrants for bonds.
Additional authority to contract indebtedness.
28A.530.010 Directors may borrow money, issue
bonds. The board of directors of any school district may borrow money and issue negotiable bonds therefor for the purpose of:
(1) Funding outstanding indebtedness or bonds theretofore issued; or
(2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and structures authorized by law or necessary or proper to carry out the
functions of a school district; or
(3) For erecting all buildings authorized by law, including but not limited to those mentioned in subsection (2) of
this section immediately above or necessary or proper to
carry out the functions of a school district, and providing the
necessary furniture, apparatus, or equipment therefor; or
(4) For improving the energy efficiency of school district
buildings and/or installing systems and components to utilize
renewable and/or inexhaustible energy resources; or
(5) For major and minor structural changes and structural
additions to buildings, structures, facilities and sites necessary or proper to carrying out the functions of the school district; or
(6) For payment of (a) an installment purchase contract
for school plant facilities or (b) a financing lease the term of
which is ten years or longer and that contains an option by the
school district to purchase the leased property for nominal
consideration, but only to the extent such payment constitutes
a capital expenditure; or
(7) For any or all of these and other capital purposes.
Neither the amount of money borrowed nor bonds issued
therefor shall exceed the limitation of indebtedness prescribed by chapter 39.36 RCW, as now or hereafter amended.
Except for bonds issued under RCW 28A.530.080,
bonds may be issued only when authorized by the vote of the
qualified electors of the district as provided by law.
(2004 Ed.)
28A.530.020 Bond issuance—Election—Resolution
to specify purposes. (1) The question whether the bonds
shall be issued, as provided in RCW 28A.530.010, shall be
determined at an election to be held pursuant to RCW
39.36.050. If a majority of the votes cast at such election
favor the issuance of such bonds, the board of directors must
issue such bonds: PROVIDED, That if the amount of bonds
to be issued, together with any outstanding indebtedness of
the district that only needs a simple majority voter approval,
exceeds three-eighths of one percent of the value of the taxable property in said district, as the term "value of the taxable
property" is defined in RCW 39.36.015, then three-fifths of
the votes cast at such election must be in favor of the issuance
of such bonds, before the board of directors is authorized to
issue said bonds.
(2) The resolution adopted by the board of directors calling the election in subsection (1) of this section shall specify
the purposes of the debt financing measure, including the
specific buildings to be constructed or remodeled and any
additional specific purposes as authorized by RCW
28A.530.010. If the debt financing measure anticipates the
receipt of state financing assistance under chapter 28A.525
RCW, the board resolution also shall describe the specific
anticipated purpose of the state assistance. If the school board
subsequently determines that state or local circumstances
should cause any alteration to the specific expenditures from
the debt financing or of the state assistance, the board shall
first conduct a public hearing to consider those circumstances
and to receive public testimony. If the board then determines
that any such alterations are in the best interests of the district, it may adopt a new resolution or amend the original resolution at a public meeting held subsequent to the meeting at
which public testimony was received. [1996 c 48 § 1; 1990 c
33 § 478; 1984 c 186 § 11; 1970 ex.s. c 42 § 9; 1969 ex.s. c
223 § 28A.51.020. Prior: 1909 c 97 p 324 § 2; RRS § 4942;
prior: 1897 c 118 § 118; 1890 p 46 § 2. Formerly RCW
28A.51.020, 28.51.020, 28.51.050, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
28A.530.030
28A.530.030 Disposition of bond proceeds—Capital
projects fund. When the bonds have been sold, the county
treasurer shall place the money derived from such sale to the
[Title 28A RCW—page 207]
28A.530.040
Title 28A RCW: Common School Provisions
credit of the capital projects fund of the district, and such
fund is hereby created. [1984 c 186 § 12; 1983 c 167 § 24;
1979 ex.s. c 257 § 1; 1969 ex.s. c 223 § 28A.51.070. Prior:
1911 c 88 § 1; 1909 c 97 p 326 § 4; RRS § 4944; prior: 1907
c 240 § 9; 1905 c 142 § 7; 1897 c 118 § 120; 1890 p 47 § 4.
Formerly RCW 28A.51.070, 28.51.070, 28.51.080,
28.51.090, 28.51.100, and 28.51.110.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1979 ex.s. c 257: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 257 § 3.]
28A.530.040
28A.530.040 Refunding former issues without vote of
the people. Whenever any bonds lawfully issued by any
school district under the provisions of this chapter shall reach
maturity and shall remain unpaid, or may be paid under any
option provided in the bonds, the board of directors thereof
shall have the power without any vote of the school district to
fund the same by issuing bonds conformable to the requirements of this chapter and use the proceeds exclusively for the
purpose of retiring and canceling such outstanding bonds as
aforesaid, or the said directors in their discretion may
exchange such refunding bonds par for par for such outstanding bonds. [1984 c 186 § 13; 1983 c 167 § 25; 1969 ex.s. c
223 § 28A.51.180. Prior: 1969 ex.s. c 232 § 66; 1945 c 32 §
1; 1909 c 97 p 329 § 12; Rem. Supp. 1945 § 4952; prior:
1897 c 118 § 124, part; 1890 p 48 § 8, part. Formerly RCW
28A.51.180, 28.51.180.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020.
28A.530.050
28A.530.050 Holder to notify treasurer—Redemption. Every holder of any of the bonds so issued as a bearer
bond as provided in this chapter, within ten days after the
owner becomes the owner or holder thereof, shall notify the
county treasurer of the county in which such bonds are issued
of his or her ownership, together with his or her full name and
post office address, and the county treasurer of said county
shall deposit in the post office, properly stamped and
addressed to each owner of any such bonds subject to
redemption or payment, a notice in like form, stating the time
and place of the redemption of such bonds and the number of
the bonds to be redeemed, and in case any owners of bonds
shall fail to notify the treasurer of their ownership as aforesaid, then a notice mailed to the last holder of such bonds
shall be deemed sufficient, and any and all such notices so
mailed as aforesaid shall be deemed to be personal notice to
the holders of such bonds, and at the expiration of the time
therein named shall have the force to suspend the interest
upon any such bonds. [1990 c 33 § 479; 1983 c 167 § 26;
1969 ex.s. c 223 § 28A.51.190. Prior: 1909 c 97 p 330 § 13;
RRS § 4953; prior: 1897 c 118 § 125; 1890 p 49 § 9. Formerly RCW 28A.51.190, 28.51.190.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
[Title 28A RCW—page 208]
28A.530.060
28A.530.060 Expense of county treasurer. At any
time after the issuance of such bonds as in this chapter provided, and in the discharge of the duties imposed upon said
county treasurer, should any incidental expense, costs or
charges arise, the said county treasurer shall present his or her
claim for the same to the board of directors of the school district issuing such bonds, and the same shall be audited and
paid in the same manner as other services are paid under the
provisions of law. [1990 c 33 § 480; 1969 ex.s. c 223 §
28A.51.200. Prior: 1909 c 97 p 330 § 14; RRS § 4954; prior:
1897 c 118 § 126; 1890 p 50 § 10. Formerly RCW
28A.51.200, 28.51.200.]
28A.530.070
28A.530.070 Exchange of warrants for bonds. If
bonds issued under this chapter are not sold as in this chapter
provided, the owners of unpaid warrants drawn on the county
treasurer by such district for an indebtedness existing at the
date of the election may exchange said warrants at the face
value thereof and accrued interest thereon for bonds issued
under this chapter, at not less than par value and accrued
interest of such bonds at the time of the exchange; such
exchange to be made under such regulations as may be provided by the board of directors of such district. [1983 c 167
§ 27; 1969 ex.s. c 223 § 28A.51.220. Prior: 1909 c 97 p 327
§ 5; RRS § 4945. Formerly RCW 28A.51.220, 28.51.220.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
28A.530.080
28A.530.080 Additional authority to contract indebtedness. In addition to the authority granted under RCW
28A.530.010, a school district may contract indebtedness for
any purpose specified in RCW 28A.530.010 (2), (4), and (5)
or for the purpose of purchasing any real or personal property, or property rights, in connection with the exercise of any
powers or duties which it is now or hereafter authorized to
exercise, and issue bonds, notes, or other evidences of indebtedness therefor without a vote of the qualified electors of the
district, subject to the limitations on indebtedness set forth in
RCW 39.36.020(3). Such bonds, notes, or other evidences of
indebtedness shall be issued and sold in accordance with
chapter 39.46 RCW, and the proceeds thereof shall be deposited in the capital projects fund, the transportation vehicle
fund, or the general fund, as applicable. [1999 c 314 § 2;
1991 c 114 § 1.]
Findings—Intent—1999 c 314: "The legislature finds that current law
authorizes school districts to use nonvoter-approved debt to acquire real or
personal property but not to construct or repair school district property. It is
the intent of the legislature to authorize school districts to use nonvoterapproved debt, within existing debt limits, to finance the acquisition,
remodel, and repair of school facilities." [1999 c 314 § 1.]
Chapter 28A.535
Chapter 28A.535 RCW
VALIDATING INDEBTEDNESS
Sections
28A.535.010
28A.535.020
28A.535.030
28A.535.040
28A.535.050
28A.535.060
28A.535.070
Authority to validate indebtedness.
Resolution providing for election—Vote required to validate.
Notice of election.
Manner and result of election.
Authority to borrow, issue bonds.
Exchange of warrants for bonds.
Notice to county treasurer of authority to issue bonds—
Annual levy for payment of interest and principal on
(2004 Ed.)
Validating Indebtedness
bonds—Penalty against officer for expenditures in excess
of revenues.
28A.535.080 Validating indebtedness proceedings after merger.
28A.535.010
28A.535.010 Authority to validate indebtedness. Any
school district may validate and ratify the indebtedness of
such school district, incurred for strictly school purposes,
when the same together with all then outstanding legal
indebtedness does not exceed that amount permitted for
school districts in RCW 39.36.020 (1) and (3). The value of
taxable property in such school district shall be ascertained as
provided in Article eight, section six, Amendment 27, of the
Constitution of the state of Washington. [1969 ex.s. c 223 §
28A.52.010. Prior: 1909 c 97 p 331 § 1; RRS § 4956; prior:
1897 c 118 § 128; 1895 c 21 § 1. Formerly RCW 28A.52.010,
28.52.010.]
Reviser's note: The above reference to RCW 39.36.020 (1) and (3) was
apparently based upon the 1967 version of that section [1967 c 107 § 4]; the
contents and organization of that section have been altered by subsequent
amendments.
28A.535.020
28A.535.020 Resolution providing for election—Vote
required to validate. Whenever the board of directors of
any school district shall deem it advisable to validate and ratify the indebtedness mentioned in RCW 28A.535.010, they
shall provide therefor by resolution, which shall be entered
on the records of such school district, which resolution shall
provide for the holding of an election for the purpose of submitting the question of validating and ratifying the indebtedness so incurred to the voters of such school district for
approval or disapproval, and if at such election three-fifths of
the voters in such school district voting at such election shall
vote in favor of the validation and ratification of such indebtedness, then such indebtedness so validated and ratified and
every part thereof existing at the time of the adoption of said
resolution shall thereby become and is hereby declared to be
validated and ratified and a binding obligation upon such
school district. [1996 c 48 § 2; 1995 c 111 § 1; 1990 c 33 §
481; 1969 ex.s. c 223 § 28A.52.020. Prior: 1909 c 97 p 331
§ 2; RRS § 4957; prior: 1897 c 118 § 129; 1895 c 21 § 2. Formerly RCW 28A.52.020, 28.52.020.]
28A.535.030
28A.535.030 Notice of election. At the time of the
adoption of the resolution provided for in RCW
28A.535.020, the board of directors shall direct the school
district superintendent to give notice to the county auditor of
the suggested time and purpose of such election, and specifying the amount and general character of the indebtedness proposed to be ratified. Such superintendent shall also cause
written or printed notices to be posted in at least five places in
such school district at least twenty days before such election.
In addition to his or her other duties relating thereto, the
county auditor shall give notice of such election as provided
for in *RCW 29.27.080. [1990 c 33 § 482; 1969 ex.s. c 223
§ 28A.52.030. Prior: 1909 c 97 p 332 § 3; RRS § 4958; prior:
1897 c 118 § 131; 1895 c 21 § 4. Formerly RCW 28A.52.030,
28.52.030.]
28A.535.070
28A.535.040
28A.535.040 Manner and result of election. Elections
hereunder shall be by ballot, and conducted in the manner
provided for conducting annual school elections. The ballot
must contain the words, "Validating and ratifying indebtedness, yes," or the words, "Validating and ratifying indebtedness, no." Ballots containing the words, "Validating and ratifying indebtedness, yes," shall be counted in favor of validating and ratifying such indebtedness, and ballots
containing the words, "Validating and ratifying indebtedness,
no," shall be counted against validating and ratifying such
indebtedness. At their next meeting following ascertainment
of the result of the election from the county auditor, the board
of directors of any such district holding such an election shall
cause to be entered a minute thereof on the records of such
district. The qualifications of voters at such election shall be
the same as prescribed for the election of school officials.
[1969 ex.s. c 223 § 28A.52.040. Prior: 1909 c 97 p 332 § 4;
RRS § 4959; prior: 1897 c 118 § 130; 1895 c 21 § 3. Formerly RCW 28A.52.040, 28.52.040.]
Conduct of elections, canvass: RCW 29A.60.010.
28A.535.050
28A.535.050 Authority to borrow, issue bonds. If the
indebtedness of such school district is validated and ratified,
as provided in this chapter, by three-fifths of the voters voting
at such election, the board of directors of such school district,
without any further vote, may borrow money and issue and
sell negotiable bonds therefor in accordance with chapter
39.46 RCW. [1984 c 186 § 14; 1983 c 167 § 28; 1975 c 43 §
2; 1969 ex.s. c 223 § 28A.52.050. Prior: 1909 c 97 p 333 § 5;
RRS § 4960; prior: 1897 c 118 § 132; 1895 c 21 § 5. Formerly RCW 28A.52.050, 28.52.050.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—1975 c 43: "The effective date of this amendatory act
shall be July 1, 1975." [1975 c 43 § 37.]
Severability—1975 c 43: "If any provision of this amendatory act, or
its application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1975 c 43 § 38.]
28A.535.060
28A.535.060 Exchange of warrants for bonds. If
bonds issued under this chapter are not sold as herein provided, the owners of unpaid warrants drawn on the county
treasurer by such district for an indebtedness existing at the
time of the adoption of the resolution mentioned in RCW
28A.535.020, may exchange said warrants at the face value
thereof and accrued interest thereon for bonds issued under
this chapter, at not less than par value and accrued interest of
such bonds at the time of the exchange; such exchange to be
made under such regulations as may be provided by the board
of directors of such district. [1990 c 33 § 483; 1983 c 167 §
30; 1969 ex.s. c 223 § 28A.52.060. Prior: 1909 c 97 p 334 §
7; RRS § 4962; prior: 1897 c 118 § 134; 1895 c 21 § 7. Formerly RCW 28A.52.060, 28.52.060.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
28A.535.070
*Reviser's note: RCW 29.27.080 was recodified as RCW 29A.52.350
pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was
subsequently repealed by 2004 c 271 § 193.
(2004 Ed.)
28A.535.070 Notice to county treasurer of authority
to issue bonds—Annual levy for payment of interest and
principal on bonds—Penalty against officer for expendi[Title 28A RCW—page 209]
28A.535.080
Title 28A RCW: Common School Provisions
tures in excess of revenues. When authorized to issue
bonds, as provided in this chapter the board of directors shall
immediately cause to be sent to the appropriate county treasurer, notice thereof. The county officials charged by law
with the duty of levying taxes for the payment of said bonds
and interest shall do so as provided in RCW 39.46.110.
The annual expense of such district shall not thereafter
exceed the annual revenue thereof, and any officer of such
district who shall knowingly aid in increasing the annual
expenditure in excess of the annual revenue of such district,
in addition to any other penalties, whether civil or criminal,
as provided by law, shall be deemed to be guilty of a misdemeanor, and shall be punished by a fine not exceeding five
hundred dollars. [1985 c 7 § 90; 1969 ex.s. c 223 §
28A.52.070. Prior: 1909 c 97 p 335 § 8; RRS § 4963; prior:
1897 c 118 § 135; 1895 c 21 § 8. Formerly RCW 28A.52.070,
28.52.070.]
28A.535.080
28A.535.080 Validating indebtedness proceedings
after merger. In case any school district has heretofore
incurred, or shall hereafter incur, indebtedness for strictly
school purposes and has heretofore, or shall hereafter,
become merged with another district as provided in *RCW
28A.315.010 through 28A.315.680 and 28A.315.900, the
directors of the last named district may, after such merger,
cause to be submitted to the voters within the limits of the district which incurred the obligations, the question of validating
and ratifying such indebtedness. The vote shall be taken and
the question determined in the manner prescribed in RCW
28A.535.020, 28A.535.030, and 28A.535.040. The directors
of the district to which the district incurring the obligations
was merged shall make provisions for payment of the indebtedness so validated by certifying the amount thereof in the
manner prescribed in RCW 28A.535.070: PROVIDED,
Such enlarged district may pay a part, or all, of such validating indebtedness from any funds available or by issuing
bonds therefor when such enlarged district has taken over
property of any district and in making such adjustment and
apportionment as provided in *RCW 28A.315.010 through
28A.315.680 and 28A.315.900, the value of the property
received shall be found to exceed the total indebtedness of the
district annexed to the extent of such value over the total
indebtedness of the district annexed. [1990 c 33 § 484; 1969
ex.s. c 223 § 28A.52.080. Prior: 1913 c 136 § 1; RRS § 4964.
Formerly RCW 28A.52.080, 28.52.080.]
*Reviser's note: RCW 28A.315.010 through 28A.315.680 and
28A.315.900 were repealed or recodified by 1999 c 315.
Chapter 28A.540
Chapter 28A.540 RCW
CAPITAL FUND AID BY NONHIGH
SCHOOL DISTRICTS
Sections
28A.540.010 High school facilities defined.
28A.540.020 Plan for nonhigh district to provide capital funds in aid of
high school district.
28A.540.030 Factors to be considered in preparation of plan.
28A.540.040 Public hearing—Notice.
28A.540.050 Review by state board—Approval—Revised plan.
28A.540.060 Bond, excess levy, elections—Use of proceeds.
28A.540.070 Rejection by voters of nonhigh districts—Additional elections—Revised plan—Annexation proposal.
[Title 28A RCW—page 210]
28A.540.080 Failure of nonhigh districts to submit proposal to vote within
time limits—Annexation procedure.
28A.540.090 Nonhigh districts, time of levy and issuance of bonds.
28A.540.100 Validation of proceedings under 1955 act, when.
28A.540.110 Designation of high school district nonhigh district students
shall attend—Effect when attendance otherwise.
28A.540.010
28A.540.010 High school facilities defined. High
school facilities shall mean buildings for occupancy by
grades nine through twelve and equipment and furniture for
such buildings and shall include major alteration or major
remodeling of buildings and the acquisition of new sites and
of additions to existing sites, and improvement of sites but
only when included as a part of a general plan for the construction, equipping and furnishing of a building or of an
alteration or addition to a building. The term shall also (1)
include that portion of any building, alteration, equipment,
furniture, site and improvement of site allocated to grade nine
when included in a plan for facilities to be occupied by grades
seven through nine and (2) includes such facilities for grades
seven and eight when included in a plan as aforesaid, if the
regional committee on school district organization finds that
students of these grades who reside in any nonhigh school
districts involved are now attending school in the high school
district involved under an arrangement which likely will be
continued. [1985 c 385 § 31; 1969 ex.s. c 223 § 28A.56.005.
Prior: 1959 c 262 § 2. Formerly RCW 28A.56.005,
28.56.005.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.540.020
28A.540.020 Plan for nonhigh district to provide capital funds in aid of high school district. Upon receipt of a
written request from the board of directors of a high school
district or a nonhigh school district that presents to the
regional committee on school district organization satisfactory evidence of a need for high school facilities to be located
therein and of ability to provide such facilities, the regional
committee shall prepare a plan for participation by any nonhigh school district or districts in providing capital funds to
pay the costs of such school facilities and equipment to be
provided for the education of students residing in the school
districts. Prior to submission of the aforesaid request the
board of directors of the school district concerned therewith
shall determine the nature and extent of the high school facilities proposed to be provided, the approximate amount of
local capital funds required to pay the cost thereof, and the
site or sites upon which the proposed facilities are to be
located, and shall submit a report thereon to the regional
committee along with the aforesaid request. [1985 c 385 §
32; 1969 ex.s. c 223 § 28A.56.010. Prior: 1959 c 262 § 1;
1955 c 344 § 1; 1953 c 229 § 1. Formerly RCW 28A.56.010,
28.56.010.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.540.030
28A.540.030 Factors to be considered in preparation
of plan. The regional committee on school district organization shall give consideration to:
(1) The report submitted by the board of directors as
stated above;
(2) The exclusion from the plan of nonhigh school districts because of remoteness or isolation or because they are
so situated with respect to location, present and/or clearly
(2004 Ed.)
Capital Fund Aid by Nonhigh School Districts
foreseeable future population, and other pertinent factors as
to warrant the establishment of a high school therein within a
period of two years or the inclusion of their territory in some
other nonhigh school district within which the establishment
of a high school within a period of two years is warranted;
(3) The assessed valuation of the school districts
involved;
(4) The cash balance, if any, in the capital projects fund
of the district submitting the request which is designated for
high school building construction purposes, together with the
sources of such balance; and
(5) Any other factors found by the committee to have a
bearing on the preparation of an equitable plan. [1985 c 385
§ 33; 1985 c 7 § 91; 1969 ex.s. c 223 § 28A.56.020. Prior:
1959 c 262 § 3; 1955 c 344 § 2; 1953 c 229 § 2. Formerly
RCW 28A.56.020, 28.56.020.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.540.040
28A.540.040 Public hearing—Notice. The regional
committee on school district organization shall also hold a
public hearing or hearings on any proposed plan: PROVIDED, That three members of the committee or two members of the committee and the educational service district
superintendent, or his or her designee, may be designated by
the committee to hold such public hearing or hearings and to
submit a report thereof to the regional committee. The
regional committee shall cause to be posted, at least ten days
prior to the date appointed for any such hearing, a written or
printed notice thereof in at least three prominent and public
places in the school districts involved and at the place of
hearing. [1985 c 385 § 34; 1975 1st ex.s. c 275 § 74; 1971 c
48 § 21; 1969 ex.s. c 223 § 28A.56.030. Prior: 1959 c 262 §
4; 1955 c 344 § 3; 1953 c 229 § 3. Formerly RCW
28A.56.030, 28.56.030.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.540.050
28A.540.050 Review by state board—Approval—
Revised plan. Subsequent to the holding of a hearing or
hearings as provided in RCW 28A.540.040, the regional
committee on school district organization shall determine the
nonhigh school districts to be included in the plan and the
amount of capital funds to be provided by every school district included therein, and shall submit the proposed plan to
the state board of education together with such maps and
other materials pertaining thereto as the state board may
require. The state board shall review such plan, shall approve
any plan which in its judgment makes adequate and satisfactory provision for participation by the nonhigh school districts in providing capital funds to be used for the purpose
above stated, and shall notify the regional committee of such
action. Upon receipt by the regional committee of such notification, the educational service district superintendent, or his
or her designee, shall notify the board of directors of each
school district included in the plan, supplying each board
with complete details of the plan and shall state the total
amount of funds to be provided and the amount to be provided by each district.
If any such plan submitted by a regional committee is not
approved by the state board, the regional committee shall be
(2004 Ed.)
28A.540.070
so notified, which notification shall contain a statement of
reasons therefor and suggestions for revision. Within sixty
days thereafter the regional committee shall submit to the
state board a revised plan which revision shall be subject to
approval or disapproval by the state board and the procedural
requirements and provisions of law applicable to an original
plan submitted to said board. [1990 c 33 § 485; 1985 c 385 §
35; 1975 1st ex.s. c 275 § 75; 1971 c 48 § 22; 1969 ex.s. c 223
§ 28A.56.040. Prior: 1959 c 262 § 5; 1955 c 344 § 4; 1953 c
229 § 4. Formerly RCW 28A.56.040, 28.56.040.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.540.060
28A.540.060 Bond, excess levy, elections—Use of
proceeds. Within sixty days after receipt of the notice of
approval from the educational service district superintendent,
the board of directors of each school district included in the
plan shall submit to the voters thereof a proposal or proposals
for providing, through the issuance of bonds and/or the
authorization of an excess tax levy, the amount of capital
funds that the district is required to provide under the plan.
The proceeds of any such bond issue and/or excess tax levy
shall be credited to the capital projects fund of the school district in which the proposed high school facilities are to be
located and shall be expended to pay the cost of high school
facilities for the education of such students residing in the
school districts as are included in the plan and not otherwise.
[1985 c 7 § 92; 1975 1st ex.s. c 275 § 76; 1971 c 48 § 23;
1969 ex.s. c 223 § 28A.56.050. Prior: 1959 c 262 § 6; 1955 c
344 § 5; 1953 c 229 § 5. Formerly RCW 28A.56.050,
28.56.050.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.540.070
28A.540.070 Rejection by voters of nonhigh districts—Additional elections—Revised plan—Annexation
proposal. In the event that a proposal or proposals for providing capital funds as provided in RCW 28A.540.060 is not
approved by the voters of a nonhigh school district a second
election thereon shall be held within sixty days thereafter. If
the vote of the electors of the nonhigh school district is again
in the negative, the high school students residing therein shall
not be entitled to admission to the high school under the provisions of RCW 28A.225.210, following the close of the
school year during which the second election is held: PROVIDED, That in any such case the regional committee on
school district organization shall determine within thirty days
after the date of the aforesaid election the advisability of initiating a proposal for annexation of such nonhigh school district to the school district in which the proposed facilities are
to be located or to some other district where its students can
attend high school without undue inconvenience: PROVIDED FURTHER, That pending such determination by the
regional committee and action thereon as required by law the
board of directors of the high school district shall continue to
admit high school students residing in the nonhigh school
district. Any proposal for annexation of a nonhigh school district initiated by a regional committee shall be subject to the
procedural requirements of this chapter respecting a public
hearing and submission to and approval by the state board of
education. Upon approval by the state board of any such pro[Title 28A RCW—page 211]
28A.540.080
Title 28A RCW: Common School Provisions
posal, the educational service district superintendent shall
make an order, establishing the annexation. [1990 c 33 §
486; 1985 c 385 § 36; 1975 1st ex.s. c 275 § 77; 1971 c 48 §
24; 1969 ex.s. c 223 § 28A.56.060. Prior: 1959 c 262 § 7;
1955 c 344 § 6; 1953 c 229 § 6. Formerly RCW 28A.56.060,
28.56.060.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.540.080
28A.540.080 Failure of nonhigh districts to submit
proposal to vote within time limits—Annexation procedure. In case of failure or refusal by a board of directors of a
nonhigh school district to submit a proposal or proposals to a
vote of the electors within the time limit specified in RCW
28A.540.060 and 28A.540.070, the regional committee on
school district reorganization may initiate a proposal for
annexation of such nonhigh school district as provided for in
RCW 28A.540.070. [1990 c 33 § 487; 1985 c 385 § 37; 1969
ex.s. c 223 § 28A.56.070. Prior: 1959 c 262 § 8; 1955 c 344
§ 7; 1953 c 229 § 7. Formerly RCW 28A.56.070, 28.56.070.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.540.090
28A.540.090 Nonhigh districts, time of levy and issuance of bonds. If the voters of a nonhigh school district
approve an excess tax levy, the levy shall be made at the earliest time permitted by law. If the voters of a nonhigh school
district approve the issuance of bonds, the board of directors
of the nonhigh school district shall issue and sell said bonds
within ninety days after receiving a copy of a resolution of
the board of directors of the high school district that the high
school district is ready to proceed with the construction of the
high school facilities provided for in the plan and requesting
the sale of the bonds. [1969 ex.s. c 223 § 28A.56.075. Prior:
1959 c 262 § 9. Formerly RCW 28A.56.075, 28.56.075.]
28A.540.100
28A.540.100 Validation of proceedings under 1955
act, when. All proceedings had and taken under chapter 344,
Laws of 1955, shall be valid and binding although not in
compliance with that act if said proceedings comply with the
requirements of this chapter. [1969 ex.s. c 223 § 28A.56.170.
Prior: 1959 c 262 § 11. Formerly RCW 28A.56.170,
28.56.170.]
28A.540.110
28A.540.110 Designation of high school district nonhigh district students shall attend—Effect when attendance otherwise. (1) In cases where high school students
resident in a nonhigh school district are to be educated in a
high school district, the board of directors of the nonhigh
school district shall, by mutual agreement with the serving
district(s), designate the serving high school district or districts which its high school students shall attend. A nonhigh
school district shall designate a district as a serving high
school district when more than thirty-three and one-third percent of the high school students residing within the boundaries of the nonhigh school district are enrolled in the serving
district.
(2) Students residing in a nonhigh school district shall be
allowed to attend a high school other than in the designated
serving district referred to in subsection (1) of this section,
however the nonhigh school board of directors shall not be
[Title 28A RCW—page 212]
required to contribute to building programs in any such high
school district. Contribution shall be made only to those districts which are designated as serving high school districts at
the time the county auditor is requested by the high school
district to place a measure on the ballot regarding a proposal
or proposals for the issuance of bonds or the authorization of
an excess tax levy to provide capital funds for building programs. The nonhigh school district shall be subject to the capital fund aid provisions contained in this chapter with respect
to the designated high school serving district(s). [1989 c 321
§ 4; 1981 c 239 § 1. Formerly RCW 28A.56.200.]
Chapter 28A.545 RCW
PAYMENT TO HIGH SCHOOL DISTRICTS
Chapter 28A.545
Sections
28A.545.010
28A.545.020
28A.545.030
28A.545.040
28A.545.050
28A.545.060
28A.545.070
28A.545.080
28A.545.090
28A.545.100
28A.545.110
School district divisions—High and nonhigh.
Reimbursement not a tuition charge.
Purposes.
"Student residing in a nonhigh school district" defined.
Amounts due from nonhigh districts.
Enrollment data for computation of amounts due.
Superintendent's annual determination of estimated amount
due—Process.
Estimated amount due paid in May and November installments.
Assessing nonhigh school lesser amount—Notice of.
Amount due reflects cost of education and transportation of
students.
Rules to effect purposes and implement provisions.
Exemptions: State Constitution Art. 7 § 1 (Amendment 14).
28A.545.010 School district divisions—High and
nonhigh. For the purposes of this chapter all school districts
in the state of Washington shall be and the same are hereby
divided into two divisions to be known and designated
respectively as high school districts and nonhigh school districts. [1983 c 3 § 31; 1969 ex.s. c 223 § 28A.44.045. Prior:
1917 c 21 § 1; RRS § 4710. Formerly RCW 28A.44.045,
28.44.045, 28.01.040, part.]
28A.545.010
28A.545.020 Reimbursement not a tuition charge.
The reimbursement of a high school district for cost of educating high school pupils for a nonhigh school district, as provided for in this chapter, shall not be deemed a tuition charge
as affecting the apportionment of current state school funds.
[1983 c 3 § 32; 1969 ex.s. c 223 § 28A.44.095. Prior: 1917 c
21 § 11; RRS § 4720. Formerly RCW 28A.44.095,
28.44.095.]
28A.545.020
28A.545.030 Purposes. The purposes of RCW
28A.545.030 through 28A.545.110 and 84.52.0531 are to:
(1) Simplify the annual process of determining and paying the amounts due by nonhigh school districts to high
school districts for educating students residing in a nonhigh
school district;
(2) Provide for a payment schedule that coincides to the
extent practicable with the ability of nonhigh school districts
to pay and the need of high school districts for payment; and
(3) Establish that the maximum amount due per annual
average full-time equivalent student by a nonhigh school district for each school year is no greater than the maintenance
and operation excess tax levy rate per annual average fulltime equivalent student levied upon the taxpayers of the high
28A.545.030
(2004 Ed.)
Payment to High School Districts
school district. [1990 c 33 § 488; 1981 c 264 § 1. Formerly
RCW 28A.44.150.]
Severability—1981 c 264: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 264 § 13.]
28A.545.040
28A.545.040 "Student residing in a nonhigh school
district" defined. The term "student residing in a nonhigh
school district" and its equivalent as used in RCW
28A.545.030 through 28A.545.110 and 84.52.0531 shall
mean any common school age person with or without disabilities who resides within the boundaries of a nonhigh school
district that does not conduct the particular kindergarten
through grade twelve grade which the person has not yet successfully completed and is eligible to enroll in. [1995 c 77 §
25; 1990 c 33 § 489; 1981 c 264 § 2. Formerly RCW
28A.44.160.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.050
28A.545.050 Amounts due from nonhigh districts.
Each year at such time as the superintendent of public
instruction determines and certifies such maximum allowable
amounts of school district levies under RCW 84.52.0531 he
or she shall also:
(1) Determine the extent to which the estimated amounts
due by nonhigh school districts for the previous school year
exceeded or fell short of the actual amounts due; and
(2) Determine the estimated amounts due by nonhigh
school districts for the current school year and increase or
decrease the same to the extent of overpayments or underpayments for the previous school year. [1985 c 341 § 11; 1981 c
264 § 3. Formerly RCW 28A.44.170.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.060
28A.545.060 Enrollment data for computation of
amounts due. The student enrollment data necessary for the
computation of the annual amounts due by nonhigh school
districts pursuant to RCW 28A.545.030 through
28A.545.110 and 84.52.0531 shall be established as follows:
(1) On or before July tenth preceding the school year, or
such other date as may be established by the superintendent
of public instruction, each high school district superintendent
shall certify to the superintendent of public instruction:
(a) The estimated number of students residing in a nonhigh school district that will be enrolled in the high school
district during the school year which estimate has been mutually agreed upon by the high school district superintendent
and the superintendent of each nonhigh school district in
which one or more of such students resides;
(b) The total estimated number of kindergarten through
twelfth grade annual average full-time equivalent students,
inclusive of nonresident students, that will be enrolled in the
high school district during the school year;
(c) The actual number of annual average full-time equivalent students provided for in subsections (1)(a) and (b) of
this section that were enrolled in the high school district during the regular school term just completed; and
(d) The name, address, and the school district and county
of residence of each student residing in a nonhigh school dis(2004 Ed.)
28A.545.080
trict reported pursuant to this subsection (1), to the extent the
same can reasonably be established.
(2) In the event the superintendents of a high school district and a nonhigh school district are unable to reach agreement respecting the estimated number of annual average fulltime equivalent students residing in the nonhigh school district that will be enrolled in the high school district during the
school year, the estimate shall be established by the superintendent of public instruction. [1990 c 33 § 490; 1981 c 264 §
4. Formerly RCW 28A.44.180.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.070
28A.545.070 Superintendent's annual determination
of estimated amount due—Process. (1) The superintendent
of public instruction shall annually determine the estimated
amount due by a nonhigh school district to a high school district for the school year as follows:
(a) The total of the high school district's maintenance and
operation excess tax levy that has been authorized and determined by the superintendent of public instruction to be allowable pursuant to RCW 84.52.0531, as now or hereafter
amended, for collection during the next calendar year, shall
first be divided by the total estimated number of annual average full-time equivalent students which the high school district superintendent or the superintendent of public instruction has certified pursuant to RCW 28A.545.060 will be
enrolled in the high school district during the school year;
(b) The result of the calculation provided for in subsection (1)(a) of this section shall then be multiplied by the estimated number of annual average full-time equivalent students residing in the nonhigh school district that will be
enrolled in the high school district during the school year
which has been established pursuant to RCW 28A.545.060;
and
(c) The result of the calculation provided for in subsection (1)(b) of this section shall be adjusted upward to the
extent the estimated amount due by a nonhigh school district
for the prior school year was less than the actual amount due
based upon actual annual average full-time equivalent student enrollments during the previous school year and the
actual per annual average full-time equivalent student maintenance and operation excess tax levy rate for the current tax
collection year, of the high school district, or adjusted downward to the extent the estimated amount due was greater than
such actual amount due or greater than such lesser amount as
a high school district may have elected to assess pursuant to
RCW 28A.545.090.
(2) The amount arrived at pursuant to subsection (1)(c)
of this subsection shall constitute the estimated amount due
by a nonhigh school district to a high school district for the
school year. [1990 c 33 § 491; 1981 c 264 § 5. Formerly
RCW 28A.44.190.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.080
28A.545.080 Estimated amount due paid in May and
November installments. The estimated amounts due by
nonhigh school districts as determined pursuant to RCW
28A.545.070 shall be paid in two installments. During the
month of May of the school year for which the amount is due,
each nonhigh school district shall pay to each high school dis[Title 28A RCW—page 213]
28A.545.090
Title 28A RCW: Common School Provisions
trict fifty percent of the total estimated amount due to the
high school district for the school year as determined by the
superintendent of public instruction pursuant to RCW
28A.545.070. The remaining fifty percent shall be paid by
each nonhigh school district to each high school district during the following November. [1990 c 33 § 492; 1981 c 264 §
6. Formerly RCW 28A.44.200.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.090
28A.545.090 Assessing nonhigh school lesser
amount—Notice of. Notwithstanding any provision of
RCW 28A.545.050 through 28A.545.080 to the contrary, any
high school district board of directors may elect to assess a
nonhigh school district an amount which is less than that otherwise established by the superintendent of public instruction
pursuant to RCW 28A.545.070 to be due. In the event a high
school district elects to do so, it shall notify both the superintendent of public instruction and the nonhigh school district
of its election and the lesser amount no later than September
first following the school year for which the amount is due. In
the absence of such notification, each nonhigh school district
shall pay the amount otherwise established by the superintendent of public instruction pursuant to RCW 28A.545.070.
[1990 c 33 § 493; 1981 c 264 § 7. Formerly RCW
28A.44.210.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.100
28A.545.100 Amount due reflects cost of education
and transportation of students. Unless otherwise agreed to
by the board of directors of a nonhigh school district, the
amounts which are established as due by a nonhigh school
district pursuant to RCW 28A.545.030 through 28A.545.110
and 84.52.0531, as now or hereafter amended, shall constitute the entire amount which is due by a nonhigh school district for the school year for the education of any and all students with or without disabilities residing in the nonhigh
school district who attend a high school district pursuant to
RCW 28A.225.210, and for the transportation of such students by a high school district. [1995 c 77 § 26; 1990 c 33 §
494; 1983 1st ex.s. c 61 § 7; 1981 c 264 § 8. Formerly RCW
28A.44.220.]
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.110
28A.545.110 Rules to effect purposes and implement
provisions. The superintendent of public instruction is
hereby empowered to adopt rules pursuant to chapter 34.05
RCW, as now or hereafter amended, deemed necessary or
advisable by the superintendent to effect the purposes and
implement the provisions of RCW 28A.545.030 through
28A.545.110 and 84.52.0531. [1990 c 33 § 495; 1981 c 264
§ 9. Formerly RCW 28A.44.230.]
Severability—1981 c 264: See note following RCW 28A.545.030.
[Title 28A RCW—page 214]
Chapter 28A.600
Chapter 28A.600 RCW
STUDENTS
Sections
28A.600.010 Government of schools, pupils, employees, rules for—Due
process guarantees—Enforcement.
28A.600.020 Government of schools, pupils, and employees—Exclusion
of student by teacher—Written disciplinary procedures—
Appropriate disciplinary action.
28A.600.025 Students' rights of religious expression—Duty of superintendent of public instruction to inform school districts.
28A.600.030 Grading policies—Option to consider attendance.
28A.600.035 Policies on secondary school access and egress.
28A.600.040 Pupils to comply with rules and regulations.
28A.600.050 State honors awards program established—Purpose.
28A.600.060 State honors awards program—Areas included.
28A.600.070 State honors awards program—Rules.
28A.600.080 State honors awards program—Materials—Recognition by
business and industry encouraged.
28A.600.100 Washington scholars' program—Purpose.
28A.600.110 Washington scholars' program—Established—Scope.
28A.600.120 Washington scholars' program—Administration—Cooperation with other agencies.
28A.600.130 Washington scholars' program—Planning committee—
Composition—Duties.
28A.600.140 Washington scholars' program—Principal's association to
submit names to board.
28A.600.150 Washington scholars' program—Selection of scholars and
scholars-alternates—Notification process—Certificates—
Awards ceremony.
28A.600.160 Educational pathways.
28A.600.200 Interschool athletic and other extracurricular activities for
students, regulation of—Delegation, conditions.
28A.600.210 School locker searches—Findings.
28A.600.220 School locker searches—No expectation of privacy.
28A.600.230 School locker searches—Authorization—Limitations.
28A.600.240 School locker searches—Notice and reasonable suspicion
requirements.
28A.600.300 High school students' options—Definition.
28A.600.310 High school students' options—Enrollment in institutions of
higher education—Transmittal of funds.
28A.600.320 High school students' options—Information on enrollment.
28A.600.330 High school students' options—Maximum terms of enrollment for high school credit.
28A.600.340 High school students' options—Enrolled students not displaced.
28A.600.350 High school students' options—Enrollment for secondary
and postsecondary credit.
28A.600.360 High school students' options—Enrollment in postsecondary
institution—Determination of high school credits—Application toward graduation requirements.
28A.600.370 High school students' options—Postsecondary credit.
28A.600.380 High school students' options—School district not responsible for transportation.
28A.600.385 High school students' options—Cooperative agreements with
community colleges in Oregon and Idaho.
28A.600.390 High school students' options—Rules.
28A.600.400 High school students' options—Existing agreements not
affected.
28A.600.410 Alternatives to suspension—Encouraged.
28A.600.415 Alternatives to suspension—Community service encouraged—Information provided to school districts.
28A.600.420 Firearms on school premises, transportation, or facilities—
Penalty—Exemptions.
28A.600.455 Gang activity—Suspension or expulsion.
28A.600.460 Classroom discipline—Policies—Classroom placement of
student offenders—Data on disciplinary actions.
28A.600.475 Exchange of information with law enforcement and juvenile
court officials—Notification of parents and students.
28A.600.480 Reporting of harassment, intimidation, or bullying—Retaliation prohibited—Immunity.
Uniform minor student capacity to borrow act: Chapter 26.30 RCW.
28A.600.010
28A.600.010 Government of schools, pupils, employees, rules for—Due process guarantees—Enforcement.
Every board of directors, unless otherwise specifically provided by law, shall:
(2004 Ed.)
Students
(1) Enforce the rules prescribed by the superintendent of
public instruction and the state board of education for the
government of schools, pupils, and certificated employees.
(2) Adopt and make available to each pupil, teacher and
parent in the district reasonable written rules regarding pupil
conduct, discipline, and rights, including but not limited to
short-term suspensions as referred to in RCW 28A.305.160
and suspensions in excess of ten consecutive days. Such rules
shall not be inconsistent with any of the following: Federal
statutes and regulations, state statutes, common law, the rules
of the superintendent of public instruction, and the state
board of education. The board's rules shall include such substantive and procedural due process guarantees as prescribed
by the state board of education under RCW 28A.305.160.
Commencing with the 1976-77 school year, when such rules
are made available to each pupil, teacher, and parent, they
shall be accompanied by a detailed description of rights,
responsibilities, and authority of teachers and principals with
respect to the discipline of pupils as prescribed by state statutory law, superintendent of public instruction, and state board
of education rules and rules and regulations of the school district.
For the purposes of this subsection, computation of days
included in "short-term" and "long-term" suspensions shall
be determined on the basis of consecutive school days.
(3) Suspend, expel, or discipline pupils in accordance
with RCW 28A.305.160. [1997 c 265 § 4; 1990 c 33 § 496;
1979 ex.s. c 173 § 2; 1975-'76 2nd ex.s. c 97 § 2; 1975 1st
ex.s. c 254 § 1; 1971 ex.s. c 268 § 1; 1969 ex.s. c 223 §
28A.58.101. Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1,
part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104
§ 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237
§ 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part. Formerly
RCW 28A.58.101, 28.58.100(2), (6).]
Severability—1997 c 265: See note following RCW 13.40.160.
Severability—1975 1st ex.s. c 254: See note following RCW
28A.410.120.
28A.600.020
28A.600.020 Government of schools, pupils, and
employees—Exclusion of student by teacher—Written
disciplinary procedures—Appropriate disciplinary
action. (1) The rules adopted pursuant to RCW 28A.600.010
shall be interpreted to insure that the optimum learning atmosphere of the classroom is maintained, and that the highest
consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain
the optimum learning atmosphere.
(2) Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under a teacher's immediate supervision may be
excluded by the teacher from his or her individual classroom
and instructional or activity area for all or any portion of the
balance of the school day, or up to the following two days, or
until the principal or designee and teacher have conferred,
whichever occurs first. Except in emergency circumstances,
the teacher first must attempt one or more alternative forms
of corrective action. In no event without the consent of the
teacher may an excluded student return to the class during the
balance of that class or activity period or up to the following
two days, or until the principal or his or her designee and the
teacher have conferred.
(2004 Ed.)
28A.600.025
(3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for
administering discipline at each school within the district.
Such procedures shall be developed with the participation of
parents and the community, and shall provide that the
teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable
attempt to involve the parent or guardian and the student in
the resolution of student discipline problems. Such procedures shall provide that students may be excluded from their
individual classes or activities for periods of time in excess of
that provided in subsection (2) of this section if such students
have repeatedly disrupted the learning of other students. The
procedures must be consistent with the rules of the state
board of education and must provide for early involvement of
parents in attempts to improve the student's behavior.
(4) The procedures shall assure, pursuant to RCW
28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each
school as well as within each classroom.
(5) A principal shall consider imposing long-term suspension or expulsion as a sanction when deciding the appropriate disciplinary action for a student who, after July 27,
1997:
(a) Engages in two or more violations within a three-year
period of RCW 9A.46.120, 28A.320.135, 28A.600.455,
28A.600.460, 28A.635.020, 28A.600.020, 28A.635.060,
9.41.280, or 28A.320.140; or
(b) Engages in one or more of the offenses listed in RCW
13.04.155.
The principal shall communicate the disciplinary action
taken by the principal to the school personnel who referred
the student to the principal for disciplinary action. [1997 c
266 § 11; 1990 c 33 § 497; 1980 c 171 § 1; 1972 ex.s. c 142
§ 5. Formerly RCW 28A.58.1011.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.600.025
28A.600.025 Students' rights of religious expression—Duty of superintendent of public instruction to
inform school districts. (1) The First Amendment to the
United States Constitution, and Article I, sections 5 and 11 of
the Washington state Constitution guarantee that students
retain their rights of free speech and free exercise of religion,
notwithstanding the student's enrollment and attendance in a
common school. These rights include, but are not limited to,
the right of an individual student to freely express and incorporate the student's religious beliefs and opinions where relevant or appropriate in any and all class work, homework,
evaluations or tests. School personnel may not grade the class
work, homework, evaluation, or test on the religious expression but may grade the student's performance on scholastic
content such as spelling, sentence structure, and grammar,
and the degree to which the student's performance reflects the
instruction and objectives established by the school personnel. School personnel may not subject an individual student
who expresses religious beliefs or opinions in accordance
with this section to any form of retribution or negative consequence and may not penalize the student's standing, evalua[Title 28A RCW—page 215]
28A.600.030
Title 28A RCW: Common School Provisions
tions, or privileges. An employee of the school district may
not censure a student's expression of religious beliefs or opinions, when relevant or appropriate, in any class work, homework, evaluations or tests, extracurricular activities, or other
activities under the sponsorship or auspices of the school district.
(2) This section is not intended to impose any limit on
the exchange of ideas in the common schools of this state. No
officer, employee, agent, or contractor of a school district
may impose his or her religious beliefs on any student in class
work, homework, evaluations or tests, extracurricular activities, or other activities under the auspices of the school district.
(3) The superintendent of public instruction shall distribute to the school districts information about laws governing
students' rights of religious expression in school. [1998 c 131
§ 2.]
Findings—1998 c 131: "The legislature recognizes the right of free
speech and freedom of religion as guaranteed through the First Amendment
to the United States Constitution and Article I, sections 5 and 11 of the
Washington state Constitution and that these rights extend to students
enrolled in the common schools of our state.
The legislature also recognizes that students may choose to exercise
these rights, as protected under the law, in response to the challenges of academic pursuit. While the legislature upholds the rights of students to freely
express their religious beliefs and right of free speech, it also holds firmly
that it is not the role of education to solicit student responses that force students to reveal, analyze, or critique their religious beliefs." [1998 c 131 § 1.]
28A.600.030
28A.600.030 Grading policies—Option to consider
attendance. Each school district board of directors may
establish student grading policies which permit teachers to
consider a student's attendance in determining the student's
overall grade or deciding whether the student should be
granted or denied credit. Such policies shall take into consideration the circumstances pertaining to the student's inability
to attend school. However, no policy shall be adopted
whereby a grade shall be reduced or credit shall be denied for
disciplinary reasons only, rather than for academic reasons,
unless due process of law is provided as set forth by the state
board of education under RCW 28A.305.160. [1990 c 33 §
498; 1984 c 278 § 7. Formerly RCW 28A.58.195.]
Severability—1984 c 278: See note following RCW 28A.185.010.
[1969 ex.s. c 223 § 28A.58.200. Prior: 1909 c 97 p 263 § 6;
RRS § 4690; prior: 1897 c 118 § 69; 1890 p 372 § 48. Formerly RCW 28A.58.200, 28.58.200.]
28A.600.050
28A.600.050 State honors awards program established—Purpose. The Washington state honors awards program is hereby established for the purpose of promoting academic achievement among high school students enrolled in
public or approved private high schools by recognizing outstanding achievement of students in academic core subjects.
This program shall be voluntary on the part of each school
district and each student enrolled in high school. [1985 c 62
§ 1. Formerly RCW 28A.03.440.]
Washington scholars' program: RCW 28A.600.100 through 28A.600.150.
28A.600.060
28A.600.060 State honors awards program—Areas
included. The recipients of the Washington state honors
awards shall be selected based on student achievement in
both verbal and quantitative areas, as measured by a test or
tests of general achievement selected by the superintendent
of public instruction, and shall include student performance
in the academic core areas of English, mathematics, science,
social studies, and languages other than English, which may
be American Indian languages. The performance level in
such academic core subjects shall be determined by grade
point averages, numbers of credits earned, and courses
enrolled in during the beginning of the senior year. [1993 c
371 § 4; 1991 c 116 § 22; 1985 c 62 § 2. Formerly RCW
28A.03.442.]
28A.600.070
28A.600.070 State honors awards program—Rules.
The superintendent of public instruction shall adopt rules for
the establishment and administration of the Washington state
honors awards program. The rules shall establish: (1) The
test or tests of general achievement that are used to measure
verbal and quantitative achievement, (2) academic subject
performance levels, (3) timelines for participating school districts to notify students of the opportunity to participate, (4)
procedures for the administration of the program, and (5) the
procedures for providing the appropriate honors award designation. [1991 c 116 § 23; 1985 c 62 § 3. Formerly RCW
28A.03.444.]
28A.600.035
28A.600.035 Policies on secondary school access and
egress. School district boards of directors shall review
school district policies regarding access and egress by students from secondary school grounds during school hours.
Each school district board of directors shall adopt a policy
specifying any restrictions on students leaving secondary
school grounds during school hours. [1995 c 312 § 82.]
Effective date—1995 c 312 §§ 71 and 82: See note following RCW
28A.225.095.
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.600.080
28A.600.080 State honors awards program—Materials—Recognition by business and industry encouraged.
The superintendent of public instruction shall provide participating high schools with the necessary materials for conferring honors. The superintendent of public instruction shall
require participating high schools to encourage local representatives of business and industry to recognize students in
their communities who receive an honors designation based
on the Washington state honors awards program. [1985 c 62
§ 4. Formerly RCW 28A.03.446.]
28A.600.040
28A.600.040 Pupils to comply with rules and regulations. All pupils who attend the common schools shall comply with the rules and regulations established in pursuance of
the law for the government of the schools, shall pursue the
required course of studies, and shall submit to the authority of
the teachers of such schools, subject to such disciplinary or
other action as the local school officials shall determine.
[Title 28A RCW—page 216]
28A.600.100
28A.600.100 Washington scholars' program—Purpose. Each year high schools in the state of Washington
graduate a significant number of students who have distinguished themselves through outstanding academic achievem ent. Th e pu r p os e of R CW 28 A.6 00 .10 0 th ro u gh
28A.600.150 is to establish a consistent and uniform program
(2004 Ed.)
Students
which will recognize and honor the accomplishments of these
students; encourage and facilitate privately funded scholarship awards among them; stimulate the recruitment of outstanding students to Washington public and private colleges
and universities; and allow educational and legislative leaders, as well as the governor, to reaffirm the importance of
educational excellence to the future of this state. [1990 c 33
§ 499; 1985 c 341 § 14; 1981 c 54 § 1. Formerly RCW
28A.58.820.]
Severability—1981 c 54: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [1981 c 54 § 10.]
State honors awards program: RCW 28A.600.050 through 28A.600.080.
Waiver of tuition and fees for recipients of the Washington scholars award:
RCW 28B.15.543.
28A.600.110
28A.600.110 Washington scholars' program—Established—Scope. There is established by the legislature of the
state of Washington the Washington state scholars program.
The purposes of this program annually are to:
(1) Provide for the selection of three seniors residing in
each legislative district in the state graduating from high
schools who have distinguished themselves academically
among their peers.
(2) Maximize public awareness of the academic achievement, leadership ability, and community contribution of
Washington state public and private high school seniors
through appropriate recognition ceremonies and events at
both the local and state level.
(3) Provide a listing of the Washington scholars to all
Washington state public and private colleges and universities
to facilitate communication regarding academic programs
and scholarship availability.
(4) Make available a state level mechanism for utilization of private funds for scholarship awards to outstanding
high school seniors.
(5) Provide, on written request and with student permission, a listing of the Washington scholars to private scholarship selection committees for notification of scholarship
availability.
(6) Permit a waiver of tuition and services and activities
fees as provided for in RCW 28B.15.543 and grants under
RCW 28B.76.660. [2004 c 275 § 46; 1994 c 234 § 4; 1988 c
210 § 4; 1987 c 465 § 1; 1981 c 54 § 2. Formerly RCW
28A.58.822.]
Part headings not law—2004 c 275: See note following RCW
28B.76.030.
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.120
28A.600.120 Washington scholars' program—
Administration—Cooperation with other agencies. The
higher education coordinating board shall have the responsibility for administration of the Washington scholars program.
The program will be developed cooperatively with the Washington association of secondary school principals, a voluntary professional association of secondary school principals.
The cooperation of other state agencies and private organizations having interest and responsibility in public and private
education shall be sought for planning assistance. [1985 c
370 § 32; 1981 c 54 § 3. Formerly RCW 28A.58.824.]
(2004 Ed.)
28A.600.150
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.130
28A.600.130 Washington scholars' program—Planning committee—Composition—Duties. The higher education coordinating board shall establish a planning committee to develop criteria for screening and selection of the
Washington scholars each year in accordance with RCW
28A.600.110(1). It is the intent that these criteria shall
emphasize scholastic achievement but not exclude such criteria as leadership ability and community contribution in final
selection procedures. The Washington scholars planning
committee shall have members from selected state agencies
and private organizations having an interest and responsibility in education, including but not limited to, the state board
of education, the office of superintendent of public instruction, the council of presidents, the state board for community
and technical colleges, and the Washington friends of higher
education. [1995 1st sp.s. c 5 § 1; 1990 c 33 § 500; 1985 c
370 § 33; 1981 c 54 § 4. Formerly RCW 28A.58.826.]
Severability—1995 1st sp.s. c 5: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 5 § 5.]
Effective date—1995 1st sp.s. c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 5 § 6.]
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.140
28A.600.140 Washington scholars' program—Principal's association to submit names to board. Each year on
or before March 1st, the Washington association of secondary school principals shall submit to the higher education
coordinating board the names of graduating senior high
school students who have been identified and recommended
to be outstanding in academic achievement by their school
principals based on criteria to be established under RCW
28A.600.130. [1990 c 33 § 501; 1985 c 370 § 34; 1981 c 54
§ 5. Formerly RCW 28A.58.828.]
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.150
28A.600.150 Washington scholars' program—Selection of scholars and scholars-alternates—Notification
process—Certificates—Awards ceremony. Each year,
three Washington scholars and one Washington scholarsalternate shall be selected from the students nominated under
RCW 28A.600.140. The higher education coordinating board
shall notify the students so designated, their high school principals, the legislators of their respective districts, and the
governor when final selections have been made.
The board, in conjunction with the governor's office,
shall prepare appropriate certificates to be presented to the
Washington scholars and the Washington scholars-alternates.
An awards ceremony at an appropriate time and place shall
be planned by the board in cooperation with the Washington
association of secondary school principals, and with the
approval of the governor. [1999 c 159 § 2; 1985 c 370 § 35;
1981 c 54 § 6. Formerly RCW 28A.58.830.]
Findings—Intent—1999 c 159: "The legislature finds that approximately thirty-five percent of the recipients of the Washington scholars award
under RCW 28A.600.100 through 28A.600.150 choose to enroll in an outof-state college and therefore do not use the grants that would have been
[Title 28A RCW—page 217]
28A.600.160
Title 28A RCW: Common School Provisions
available to them under RCW 28B.80.245 had they chosen to attend a college or university in the state of Washington. It is the intent of the legislature
to require high school seniors who are announced as recipients of the Washington scholars award to demonstrate in a timely manner that they will be
using any grants they may receive with their awards to enroll in a college or
university in Washington state during the fall term of the same year in which
they receive the award. Any grants not used by initial recipients should be
awarded to alternate recipients who must also demonstrate in a timely manner that they will be using their grants to enroll in a Washington college or
university in Washington state during the fall term." [1999 c 159 § 1.]
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.160
28A.600.160 Educational pathways. Any middle
school, junior high school, or high school using educational
pathways shall ensure that all participating students will continue to have access to the courses and instruction necessary
to meet admission requirements at baccalaureate institutions.
Students shall be allowed to enter the educational pathway of
their choice. Before accepting a student into an educational
pathway, the school shall inform the student's parent of the
pathway chosen, the opportunities available to the student
through the pathway, and the career objectives the student
will have exposure to while pursuing the pathway. Parents
and students dissatisfied with the opportunities available
through the selected educational pathway shall be provided
with the opportunity to transfer the student to any other pathway provided in the school. Schools may not develop educational pathways that retain students in high school beyond the
date they are eligible to graduate, and may not require students who transfer between pathways to complete pathway
requirements beyond the date the student is eligible to graduate. Educational pathways may include, but are not limited to,
programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running
start, and preparation for technical college, community college, or university education. [1998 c 225 § 2.]
28A.600.200
28A.600.200 Interschool athletic and other extracurricular activities for students, regulation of—Delegation,
conditions. Each school district board of directors is hereby
granted and shall exercise the authority to control, supervise
and regulate the conduct of interschool athletic activities and
other interschool extracurricular activities of an athletic, cultural, social or recreational nature for students of the district.
A board of directors may delegate control, supervision and
regulation of any such activity to the Washington Interscholastic Activities Association or any other voluntary nonprofit
entity and compensate such entity for services provided, subject to the following conditions:
(1) The voluntary nonprofit entity shall submit an annual
report to the state board of education of student appeal determinations, assets, and financial receipts and disbursements at
such time and in such detail as the state board shall establish
by rule;
(2) The voluntary nonprofit entity shall not discriminate
in connection with employment or membership upon its governing board, or otherwise in connection with any function it
performs, on the basis of race, creed, national origin, sex or
marital status;
(3) Any rules and policies applied by the voluntary nonprofit entity which govern student participation in any interschool activity shall be written and subject to the annual
[Title 28A RCW—page 218]
review and approval of the state board of education at such
time as it shall establish;
(4) All amendments and repeals of such rules and policies shall be subject to the review and approval of the state
board; and
(5) Such rules and policies shall provide for notice of the
reasons and a fair opportunity to contest such reasons prior to
a final determination to reject a student's request to participate in or to continue in an interschool activity. Any such
decision shall be considered a decision of the school district
conducting the activity in which the student seeks to participate or was participating and may be appealed pursuant to
RCW 28A.645.010 through 28A.645.030. [1990 c 33 § 502;
1975-'76 2nd ex.s. c 32 § 1. Formerly RCW 28A.58.125.]
School buses, transport of general public to interscholastic activities—Limitations: RCW 28A.160.100.
28A.600.210
28A.600.210 School locker searches—Findings. The
legislature finds that illegal drug activity and weapons in
schools threaten the safety and welfare of school children and
pose a severe threat to the state educational system. School
officials need authority to maintain order and discipline in
schools and to protect students from exposure to illegal
drugs, weapons, and contraband. Searches of school-issued
lockers and the contents of those lockers is a reasonable and
necessary tool to protect the interests of the students of the
state as a whole. [1989 c 271 § 244. Formerly RCW
28A.67.300.]
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.600.220
28A.600.220 School locker searches—No expectation
of privacy. No right nor expectation of privacy exists for any
student as to the use of any locker issued or assigned to a student by a school and the locker shall be subject to search for
illegal drugs, weapons, and contraband as provided in RCW
28A.600.210 through 28A.600.240. [1990 c 33 § 503; 1989
c 271 § 245. Formerly RCW 28A.67.310.]
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.600.230
28A.600.230 School locker searches—Authorization—Limitations. (1) A school principal, vice principal, or
principal's designee may search a student, the student's possessions, and the student's locker, if the principal, vice principal, or principal's designee has reasonable grounds to suspect
that the search will yield evidence of the student's violation of
the law or school rules. A search is mandatory if there are reasonable grounds to suspect a student has illegally possessed a
firearm in violation of RCW 9.41.280.
(2) Except as provided in subsection (3) of this section,
the scope of the search is proper if the search is conducted as
follows:
(a) The methods used are reasonably related to the objectives of the search; and
(b) Is not excessively intrusive in light of the age and sex
of the student and the nature of the suspected infraction.
(3) A principal or vice principal or anyone acting under
their direction may not subject a student to a strip search or
body cavity search as those terms are defined in RCW
10.79.070. [1999 c 167 § 3; 1989 c 271 § 246. Formerly
RCW 28A.67.320.]
(2004 Ed.)
Students
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.600.240 School locker searches—Notice and
reasonable suspicion requirements. (1) In addition to the
provisions in RCW 28A.600.230, the school principal, vice
principal, or principal's designee may search all student lockers at any time without prior notice and without a reasonable
suspicion that the search will yield evidence of any particular
student's violation of the law or school rule.
(2) If the school principal, vice principal, or principal's
designee, as a result of the search, develops a reasonable suspicion that a certain container or containers in any student
locker contain evidence of a student's violation of the law or
school rule, the principal, vice principal, or principal's designee may search the container or containers according to the
provisions of RCW 28A.600.230(2). [1990 c 33 § 504; 1989
c 271 § 247. Formerly RCW 28A.67.330.]
28A.600.240
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.600.300
28A.600.350
allocations shall be based upon the estimated statewide
annual average per full-time equivalent high school student
allocations under RCW 28A.150.260, excluding small high
school enhancements, and applicable rules adopted under
chapter 34.05 RCW. The superintendent of public instruction, the higher education coordinating board, and the state
board for community and technical colleges shall consult on
the calculation and distribution of the funds. The institution
of higher education shall not require the pupil to pay any
other fees. The funds received by the institution of higher
education from the school district shall not be deemed tuition
or operating fees and may be retained by the institution of
higher education. A student enrolled under this subsection
shall not be counted for the purpose of determining any
enrollment restrictions imposed by the state on the institution
of higher education. [1994 c 205 § 2; 1993 c 222 § 1; 1990
1st ex.s. c 9 § 402.]
Effective date—1993 c 222: "This act shall take effect September 1,
1993." [1993 c 222 § 2.]
28A.600.300 High school students' options—Definition. For the purposes of RCW 28A.600.310 through
28A.600.400, "participating institution of higher education"
or "institution of higher education" means:
(1) A community or technical college as defined in RCW
28B.50.030; and
(2) Central Washington University, Eastern Washington
University, Washington State University, and The Evergreen
State College, if the institution's governing board decides to
participate in the program in RCW 28A.600.310 through
28A.600.400. [2002 c 80 § 1; 1994 c 205 § 1; 1990 1st ex.s.
c 9 § 401.]
28A.600.320 High school students' options—Information on enrollment. A school district shall provide general information about the program to all pupils in grades ten,
eleven, and twelve and the parents and guardians of those
pupils. To assist the district in planning, a pupil shall inform
the district of the pupil's intent to enroll in courses at an institution of higher education for credit. Students are responsible
for applying for admission to the institution of higher education. [1994 c 205 § 3; 1990 1st ex.s. c 9 § 403.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.310
28A.600.310 High school students' options—Enrollment in institutions of higher education—Transmittal of
funds. (1) Eleventh and twelfth grade students or students
who have not yet received a high school diploma or its equivalent and are eligible to be in the eleventh or twelfth grades
may apply to a participating institution of higher education to
enroll in courses or programs offered by the institution of
higher education. However, students are eligible to enroll in
courses or programs in participating universities only if the
board of directors of the student's school district has decided
to participate in the program. Participating institutions of
higher education, in consultation with school districts, may
establish admission standards for these students. If the institution of higher education accepts a secondary school pupil
for enrollment under this section, the institution of higher
education shall send written notice to the pupil and the pupil's
school district within ten days of acceptance. The notice shall
indicate the course and hours of enrollment for that pupil.
(2) The pupil's school district shall transmit to the institution of higher education an amount per each full-time
equivalent college student at statewide uniform rates for
vocational and nonvocational students. The superintendent of
public instruction shall separately calculate and allocate mone y s a p p r o p r i at ed f o r b a s ic e d u c a ti o n u n d e r R C W
28A.150.260 to school districts for purposes of making such
payments and for granting school districts seven percent
thereof to offset program related costs. The calculations and
(2004 Ed.)
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.320
28A.600.330
28A.600.330 High school students' options—Maximum terms of enrollment for high school credit. A pupil
who enrolls in an institution of higher education in grade
eleven may not enroll in postsecondary courses under RCW
28A.600.300 through 28A.600.390 for high school credit and
postsecondary credit for more than the equivalent of the
course work for two academic years. A pupil who first enrolls
in an institution of higher education in grade twelve may not
enroll in postsecondary courses under this section for high
school credit and postsecondary credit for more than the
equivalent of the course work for one academic year. [1994
c 205 § 4; 1990 1st ex.s. c 9 § 404.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.340
28A.600.340 High school students' options—
Enrolled students not displaced. Once a pupil has been
enrolled in a postsecondary course or program under RCW
28A.600.300 through 28A.600.400, the pupil shall not be displaced by another student. [1994 c 205 § 5; 1990 1st ex.s. c
9 § 405.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.350
28A.600.350 High school students' options—Enrollment for secondary and postsecondary credit. A pupil
may enroll in a course under RCW 28A.600.300 through
[Title 28A RCW—page 219]
28A.600.360
Title 28A RCW: Common School Provisions
28A.600.390 for both high school credit and postsecondary
credit. [1994 c 205 § 6; 1990 1st ex.s. c 9 § 406.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.360
28A.600.360 High school students' options—Enrollment in postsecondary institution—Determination of
high school credits—Application toward graduation
requirements. A school district shall grant academic credit
to a pupil enrolled in a course for high school credit if the
pupil successfully completes the course. If no comparable
course is offered by the school district, the school district
superintendent shall determine how many credits to award
for the course. The determination shall be made in writing
before the pupil enrolls in the course. The credits shall be
applied toward graduation requirements and subject area
requirements. Evidence of the successful completion of each
course in an institution of higher education shall be included
in the pupil's secondary school records and transcript. The
transcript shall also note that the course was taken at an institution of higher education. [1994 c 205 § 7; 1990 1st ex.s. c
9 § 407.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.370
28A.600.370 High school students' options—Postsecondary credit. Any state institution of higher education may
award postsecondary credit for college level academic and
vocational courses successfully completed by a student while
in high school and taken at an institution of higher education.
The state institution of higher education shall not charge a fee
for the award of the credits. [1994 c 205 § 8; 1990 1st ex.s. c
9 § 408.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.380
28A.600.380 High school students' options—School
district not responsible for transportation. Transportation
to and from the institution of higher education is not the
responsibility of the school district. [1994 c 205 § 9; 1990 1st
ex.s. c 9 § 409.]
tuition and fees. A school district may not pay a per-credit
rate in excess of the statewide uniform rate under RCW
28A.600.310(2).
(4) To the extent feasible, the agreements shall permit
participating students to attend the community college without paying any tuition and fees. The agreements shall not permit the community college to charge participating students
nonresident tuition and fee rates.
(5) The agreements shall ensure that participating students are permitted to enroll only in courses that are transferable to one or more institutions of higher education as defined
in RCW 28B.10.016. [1998 c 63 § 2.]
Finding—1998 c 63: "The legislature finds that students may have difficulty attending community college for the purpose of the running start program due to the distance of the nearest community college. In these cases, it
may be more advantageous for students in border counties to attend community colleges in neighboring states. The legislature encourages school districts to pursue interagency agreements with community colleges in neighboring states when it is in the best interests of the student's educational
progress." [1998 c 63 § 1.]
28A.600.390
28A.600.390 High school students' options—Rules.
The superintendent of public instruction, the state board for
community and technical colleges, and the higher education
coordinating board shall jointly develop and adopt rules governing RCW 28A.600.300 through 28A.600.380, if rules are
necessary. The rules shall be written to encourage the maximum use of the program and shall not narrow or limit the
enrollment options under RCW 28A.600.300 through
28A.600.380. [1994 c 205 § 10; 1990 1st ex.s. c 9 § 410.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.400
28A.600.400 High school students' options—Existing
agreements not affected. RCW 28A.600.300 through
28A.600.390 are in addition to and not intended to adversely
affect agreements between school districts and institutions of
higher education in effect on April 11, 1990, and in the
future. [1994 c 205 § 11; 1990 1st ex.s. c 9 § 412.]
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.410
Finding—Severability—1990 1st ex.s. c 9: See notes following RCW
28A.225.220.
28A.600.385
28A.600.385 High school students' options—Cooperative agreements with community colleges in Oregon and
Idaho. (1) School districts in Washington and community
colleges in Oregon and Idaho may enter into cooperative
agreements under chapter 39.34 RCW for the purpose of
allowing eleventh and twelfth grade students who are
enrolled in the school districts to earn high school and college
credit concurrently.
(2) Except as provided in subsection (3) of this section, if
a school district exercises the authority granted in subsection
(1) of this section, the provisions of RCW 28A.600.310
through 28A.600.360 and 28A.600.380 through 28A.600.400
shall apply to the agreements.
(3) A school district may enter an agreement in which
the community college agrees to accept an amount less than
the statewide uniform rate under RCW 28A.600.310(2) if the
community college does not charge participating students
[Title 28A RCW—page 220]
28A.600.410 Alternatives to suspension—Encouraged. School districts are encouraged to find alternatives to
suspension including reducing the length of a student's suspension conditioned by the commencement of counseling or
other treatment services. Consistent with current law, the
conditioning of a student's suspension does not obligate the
school district to pay for the counseling or other treatment
services except for those stipulated and agreed to by the district at the inception of the suspension. [1992 c 155 § 1.]
28A.600.415
28A.600.415 Alternatives to suspension—Community service encouraged—Information provided to school
districts. (1) The superintendent of public instruction shall
encourage school districts to utilize community service as an
alternative to student suspension. Community service shall
include the provision of volunteer services by students in
social and educational organizations including, but not limited to, hospitals, fire and police stations, nursing homes,
food banks, day care organizations, and state and local government offices.
(2004 Ed.)
Students
(2) At a minimum, by February 1, 1993, the superintendent shall prepare and distribute information to school districts regarding existing programs, the potential benefits and
considerations of using community service as an alternative
to suspension, and recommended guidelines for starting new
programs. The superintendent also shall address, and attempt
to clarify and resolve, any potential liability, supervision, and
transportation issues associated with using community service as an alternative to suspension. [1992 c 155 § 2.]
28A.600.420
28A.600.420 Firearms on school premises, transportation, or facilities—Penalty—Exemptions. (1) Any elementary or secondary school student who is determined to
have carried a firearm onto, or to have possessed a firearm
on, public elementary or secondary school premises, public
school-provided transportation, or areas of facilities while
being used exclusively by public schools, shall be expelled
from school for not less than one year under RCW
28A.600.010. The superintendent of the school district, educational service district, state school for the deaf, or state
school for the blind may modify the expulsion of a student on
a case-by-case basis.
(2) For purposes of this section, "firearm" means a firearm as defined in 18 U.S.C. Sec. 921, and a "firearm" as
defined in RCW 9.41.010.
(3) This section shall be construed in a manner consistent
with the individuals with disabilities education act, 20 U.S.C.
Sec. 1401 et seq.
(4) Nothing in this section prevents a public school district, educational service district, the state school for the deaf,
or the state school for the blind if it has expelled a student
from such student's regular school setting from providing
educational services to the student in an alternative setting.
(5) This section does not apply to:
(a) Any student while engaged in military education
authorized by school authorities in which rifles are used but
not other firearms; or
(b) Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course authorized by school authorities in which the rifles of collectors or
instructors are handled or displayed but not other firearms; or
(c) Any student while participating in a rifle competition
authorized by school authorities.
(6) A school district may suspend or expel a student for
up to one year subject to subsections (1), (3), (4), and (5) of
this section, if the student acts with malice as defined under
RCW 9A.04.110 and displays an instrument that appeared
[appears] to be a firearm, on public elementary or secondary
school premises, public school-provided transportation, or
areas of facilities while being used exclusively by public
schools. [1997 c 265 § 5; 1995 c 335 § 304; 1995 c 87 § 2.]
Severability—1997 c 265: See note following RCW 13.40.160.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.600.455
28A.600.455 Gang activity—Suspension or expulsion. (1) A student who is enrolled in a public school or an
alternative school may be suspended or expelled if the student is a member of a gang and knowingly engages in gang
activity on school grounds.
(2004 Ed.)
28A.600.460
(2) "Gang" means a group which: (a) Consists of three
or more persons; (b) has identifiable leadership; and (c) on an
ongoing basis, regularly conspires and acts in concert mainly
for criminal purposes. [1997 c 266 § 2.]
Findings—Intent—1997 c 266: "The legislature finds that the children
of this state have the right to an effective public education and that both students and educators have the need to be safe and secure in the classroom if
learning is to occur. The legislature also finds, however, that children in
many of our public schools are forced to focus on the threat and message of
violence contained in many aspects of our society and reflected through and
in gang violence activities on school campuses.
The legislature recognizes that the prevalence of weapons, including
firearms and dangerous knives, is an increasing problem that is spreading
rapidly even to elementary schools throughout the state. Gang-related
apparel and regalia compound the problem by easily concealing weapons
that threaten and intimidate students and school personnel. These threats
have resulted in tragic and unnecessary bloodshed over the past two years
and must be eradicated from the system if student and staff security is to be
restored on school campuses. Many educators believe that school dress significantly influences student behavior in both positive and negative ways.
Special school dress up and color days signify school spirit and provide students with a sense of unity. Schools that have adopted school uniforms report
a feeling of togetherness, greater school pride, and better student behavior in
and out of the classroom. This sense of unity provides students with the positive attitudes needed to avert the pressures of gang involvement.
The legislature also recognizes there are other more significant factors
that impact school safety such as the pervasive use of drugs and alcohol in
school. In addition to physical safety zones, schools should also be drug-free
zones that expressly prohibit the sale, use, or possession of illegal drugs on
school property. Students involved in drug-related activity are unable to benefit fully from educational opportunities and are disruptive to the learning
environment of their fellow students. Schools must be empowered to make
decisions that positively impact student learning by eradicating drug use and
possession on their campuses. This flexibility should also be afforded to
schools as they deal with other harmful substance abuse activities engaged in
by their students.
Toward this end, the legislature recognizes the important role of the
classroom teacher who must be empowered to restore discipline and safety
in the classroom. Teachers must have the ability to control the conduct of
students to ensure that their mission of educating students may be achieved.
Disruptive behavior must not be allowed to continue to divert attention, time,
and resources from educational activities.
The legislature therefore intends to define gang-related activities as
criminal behavior disruptive not only to the learning environment but to society as a whole, and to provide educators with the authority to restore order
and safety to the student learning environment, eliminate the influence of
gang activities, and eradicate drug and substance abuse on school campuses,
thus empowering educators to regain control of our classrooms and provide
our students with the best educational opportunities available in our schools.
The legislature also finds that students and school employees have
been subjected to violence such as rapes, assaults, or harassment that has not
been gang or drug-related criminal activity. The legislature intends that all
violence and harassment directed at students and school personnel be eradicated in public schools." [1997 c 266 § 1.]
Severability—1997 c 266: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1997 c 266 § 16.]
28A.600.460
28A.600.460 Classroom discipline—Policies—Classroom placement of student offenders—Data on disciplinary actions. (1) School district boards of directors shall
adopt policies that restore discipline to the classroom. Such
policies must provide for at least the following: Allowing
each teacher to take disciplinary action to correct a student
who disrupts normal classroom activities, abuses or insults a
teacher as prohibited by RCW 28A.635.010, willfully disobeys a teacher, uses abusive or foul language directed at a
school district employee, school volunteer, or another student, violates school rules, or who interferes with an orderly
education process. Disciplinary action may include but is not
[Title 28A RCW—page 221]
28A.600.475
Title 28A RCW: Common School Provisions
limited to: Oral or written reprimands; written notification to
parents of disruptive behavior, a copy of which must be provided to the principal.
(2) A student committing an offense under chapter
9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is
directed toward the teacher, shall not be assigned to that
teacher's classroom for the duration of the student's attendance at that school or any other school where the teacher is
assigned.
(3) A student who commits an offense under chapter
9A.36, 9A.40, 9A.46, or 9A.48 RCW, when directed toward
another student, may be removed from the classroom of the
victim for the duration of the student's attendance at that
school or any other school where the victim is enrolled. A
student who commits an offense under one of the chapters
enumerated in this section against a student or another school
employee, may be expelled or suspended.
(4) Nothing in this section is intended to limit the authority of a school under existing law and rules to expel or suspend a student for misconduct or criminal behavior.
(5) All school districts must collect data on disciplinary
actions taken in each school. The information shall be made
available to the public upon request. This collection of data
shall not include personally identifiable information including, but not limited to, a student's social security number,
name, or address. [1997 c 266 § 9.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.600.475
28A.600.475 Exchange of information with law
enforcement and juvenile court officials—Notification of
parents and students. School districts may participate in the
exchange of information with law enforcement and juvenile
court officials to the extent permitted by the family educational and privacy rights act of 1974, 20 U.S.C. Sec. 1232g.
When directed by court order or pursuant to any lawfully
issued subpoena, a school district shall make student records
and information available to law enforcement officials, probation officers, court personnel, and others legally entitled to
the information. Except as provided in RCW 13.40.480, parents and students shall be notified by the school district of all
such orders or subpoenas in advance of compliance with
them. [1998 c 269 § 11; 1992 c 205 § 120.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
Part headings not law—Severability—1992 c 205: See notes following RCW 13.40.010.
28A.600.480
28A.600.480 Reporting of harassment, intimidation,
or bullying—Retaliation prohibited—Immunity. (1) No
school employee, student, or volunteer may engage in
reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of harassment, intimidation, or bullying.
(2) A school employee, student, or volunteer who has
witnessed, or has reliable information that a student has been
subjected to, harassment, intimidation, or bullying, whether
verbal or physical, is encouraged to report such incident to an
appropriate school official.
(3) A school employee, student, or volunteer who
promptly reports an incident of harassment, intimidation, or
[Title 28A RCW—page 222]
bullying to an appropriate school official, and who makes this
report in compliance with the procedures in the district's policy prohibiting bullying, harassment, or intimidation, is
immune from a cause of action for damages arising from any
failure to remedy the reported incident. [2002 c 207 § 4.]
Findings—2002 c 207: See note following RCW 28A.300.285.
Chapter 28A.605
Chapter 28A.605 RCW
PARENT ACCESS
Sections
28A.605.010 Removing child from school grounds during school hours.
28A.605.020 Parents' access to classroom or school sponsored activities—
Limitation.
28A.605.030 Student education records—Parental review—Release of
records—Procedure.
28A.605.010
28A.605.010 Removing child from school grounds
during school hours. The board of directors of each school
district by rule or regulation shall set forth proper procedure
to ensure that each school within their district is carrying out
district policy providing that no child may be removed from
any school grounds or building thereon during school hours
except by a person so authorized by a parent or legal guardian
having legal custody thereof, except that a student may leave
secondary school grounds only in accordance with the school
district's open campus policy under RCW 28A.600.035. Such
rules shall be applicable to school employees or their designees who may not remove, cause to be removed, or allow to
be removed, any student from school grounds without authorization from the student's parent or legal guardian unless the
employee is: The student's parent, legal guardian, or immediate family member, a school employee providing school
bus transportation services in accordance with chapter
28A.160 RCW, a school employee supervising an extracurricular activity in which the student is participating and the
employee is providing transportation to or from the activity;
or, the student is in need of emergent medical care, and the
employee is unable to reach the parent for transportation of
the student. School security personnel may remove a student
from school grounds without parental authorization for disciplinary reasons.
Nothing in this section shall be construed to limit
removal of a student from school grounds by any person acting in his or her official capacity in response to a 911 emergency call. [1997 c 411 § 1; 1975 1st ex.s. c 248 § 1. Formerly RCW 28A.58.050.]
28A.605.020
28A.605.020 Parents' access to classroom or school
sponsored activities—Limitation. Every school district
board of directors shall, after following established procedure, adopt a policy assuring parents access to their child's
classroom and/or school sponsored activities for purposes of
observing class procedure, teaching material, and class conduct: PROVIDED, That such observation shall not disrupt
the classroom procedure or learning activity. [1979 ex.s. c
250 § 8. Formerly RCW 28A.58.053.]
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
(2004 Ed.)
Community Education Programs
28A.605.030
28A.605.030 Student education records—Parental
review—Release of records—Procedure. The parent or
guardian of a student who is or has been in attendance at a
school has the right to review all education records of the student. A school may not release the education records of a student without the written consent of the student's parent or
guardian, except as authorized by RCW 28A.600.475 and the
family educational and privacy rights act of 1974, 20 U.S.C.
Sec. 1232g.
The board of directors of each school district shall establish a procedure for:
(1) Granting the request by a parent or guardian for
access to the education records of his or her child; and
(2) Prohibiting the release of student information without the written consent of the student's parent or guardian,
after the parent or guardian has been informed what information is being requested, who is requesting the information and
why, and what will be done with the information.
The procedure adopted by the school district must be in
compliance with the family educational and privacy rights act
of 1974, 20 U.S.C. Sec. 1232g. [1997 c 119 § 1.]
Reviser's note: 1997 c 119 directed that this section be added to chapter 28A.600 RCW. This section has been codified in chapter 28A.605 RCW,
which relates more directly to parent access to student information.
Chapter 28A.620
Chapter 28A.620 RCW
COMMUNITY EDUCATION PROGRAMS
c 344 § 1; 1985 c 341 § 12; 1979 ex.s. c 120 § 1. Formerly
RCW 28A.58.246.]
28A.620.020
28A.620.020 Restrictions—Classes on parenting
skills and child abuse prevention encouraged. Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or
any other law, rule, or regulation, any school district is authorized and encouraged to provide community education programs in the form of instructional, recreational and/or service
programs on a noncredit and nontuition basis, excluding fees
for supplies, materials, or instructor costs, for the purpose of
stimulating the full educational potential and meeting the
needs of the district's residents of all ages, and making the
fullest use of the district's school facilities: PROVIDED,
That school districts are encouraged to provide programs for
prospective parents, prospective foster parents, and prospective adoptive parents on parenting skills, violence prevention,
and on the problems of child abuse and methods to avoid
child abuse situations: PROVIDED FURTHER, That community education programs shall be consistent with rules and
regulations promulgated by the state superintendent of public
instruction governing cooperation between common schools,
community college districts, and other civic and governmental organizations which shall have been developed in cooperation with the state board for community and technical colleges and shall be programs receiving the approval of said
superintendent. [1994 sp.s. c 7 § 603; 1985 c 344 § 2; 1979
ex.s. c 120 § 2; 1973 c 138 § 1. Formerly RCW 28A.58.247.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Sections
28A.620.010
28A.620.020
Purposes.
Restrictions—Classes on parenting skills and child abuse
prevention encouraged.
Chapter 28A.623
28A.620.010
28A.620.010 Purposes. The purposes of this section
and RCW 28A.620.020 are to:
(1) Provide educational, recreational, cultural, and other
community services and programs through the establishment
of the concept of community education with the community
school serving as the center for such activity;
(2) Promote a more efficient and expanded use of existing school buildings and equipment;
(3) Help provide personnel to work with schools, citizens and with other agencies and groups;
(4) Provide a wide range of opportunities for all citizens
including programs, if resources are available, to promote
parenting skills and promote awareness of the problem of
child abuse and methods to avoid child abuse;
(5) As used in this section, "parenting skills" shall
include: The importance of consistency in parenting; the
value of providing children with a balance of love and firm
discipline; the instruction of children in honesty, morality,
ethics, and respect for the law; and the necessity of preserving and nurturing the family unit; and
(6) Help develop a sense of community in which the citizens cooperate with the public schools and community agencies and groups to resolve their school and community concerns and to recognize that the schools are available for use
by the community day and night, year-round or any time
when the programming will not interfere with the preschool
through grade twelve program. [1990 c 33 § 510. Prior: 1985
(2004 Ed.)
28A.623.020
Chapter 28A.623 RCW
MEAL PROGRAMS
Sections
28A.623.010 Nonprofit program for elderly—Purpose.
28A.623.020 Nonprofit program for elderly—Authorized—Restrictions.
28A.623.030 Nonprofit program for certain children and students—Conditions and restrictions.
28A.623.010
28A.623.010 Nonprofit program for elderly—Purpose. The legislature finds that many elderly persons suffer
dietary deficiencies and malnutrition due to inadequate financial resources, immobility, lack of interest due to isolation
and loneliness, and characteristics of the aging process, such
as physiological, social, and psychological changes which
result in a way of life too often leading to feelings of rejection, abandonment, and despair. There is a real need as a matter of public policy to provide the elderly citizens with adequate nutritionally sound meals, through which their isolation
may be penetrated with the company and the social contacts
of their own. It is the declared purpose of RCW 28A.235.120,
28A.623.010, and 28A.623.020 to raise the level of dignity of
the aged population where their remaining years can be lived
in a fulfillment equal to the benefits they have bestowed, the
richness they have added, and the great part they have played
in the life of our society and nation. [1990 c 33 § 511; 1973
c 107 § 1. Formerly RCW 28A.58.720.]
28A.623.020
28A.623.020 Nonprofit program for elderly—Authorized—Restrictions. The board of directors of any school
[Title 28A RCW—page 223]
28A.623.030
Title 28A RCW: Common School Provisions
district may establish or allow for the establishment of a nonprofit meal program for feeding elderly persons residing
within the area served by such school district using school
facilities, and may authorize the extension of any school food
services for the purpose of feeding elderly persons, subject to
the following conditions and restrictions:
(1) The charge to such persons for each meal shall not
exceed the actual cost of such meal to the school.
(2) The program will utilize methods of administration
which will assure that the maximum number of eligible individuals may have an opportunity to participate in such a program, and will coordinate, whenever possible, with the local
area agency on aging.
(3) Any nonprofit meal program established pursuant to
RCW 28A.235.120, 28A.623.010, and 28A.623.020 may not
be operated so as to interfere with the normal educational
process within the schools.
(4) No school district funds may be used for the operation of such a meal program.
(5) For purposes of RCW 28A.235.120, 28A.623.010,
and 28A.623.020, "elderly persons" shall mean persons who
are at least sixty years of age. [1990 c 33 § 512; 1973 c 107
§ 3. Formerly RCW 28A.58.722.]
EMPLOYEE SUGGESTION PROGRAM
28A.625.100
28A.625.110
Board of directors of a school district may establish.
Awards.
COMMENDABLE EMPLOYEE SERVICE
AND RECOGNITION AWARD
28A.625.150
Award program.
MATHEMATICS, ENGINEERING,
AND SCIENCE ACHIEVEMENT
28A.625.200
28A.625.210
28A.625.220
28A.625.230
28A.625.240
Findings and intent.
Mathematics, engineering, and science achievement program—Establishment and administration through University of Washington—Goals.
Mathematics, engineering, and science achievement program—Coordinator—Staff.
Coordinator to develop selection standards.
Local program centers.
SCHOOL IMPROVEMENT AND RESEARCH PROJECTS
28A.625.350
28A.625.360
28A.625.370
28A.625.380
28A.625.390
28A.625.900
Short title.
Excellence in teacher preparation award established.
Award for teacher educator.
Rules.
Educational grant—Eligibility—Award.
Severability—1990 1st ex.s. c 10.
EXCELLENCE IN EDUCATION
28A.625.010
28A.623.030
28A.623.030 Nonprofit program for certain children
and students—Conditions and restrictions. The board of
directors of any school district may establish or allow for the
establishment of a nonprofit meal program using school facilities for feeding children who are participating in educational
programs or activities conducted by private, nonprofit organizations and entities and students who are attending private
elementary and secondary schools, and may authorize the
extension of any school food services for the purpose of feeding such children and students, subject to the following conditions and restrictions:
(1) The charge to such persons, organizations, entities or
schools for each meal shall be not less than the actual cost of
such meal to the school, inclusive of a reasonable charge for
overhead and the value of the use of the facilities.
(2) The meal program shall not be operated so as to interfere with the educational process within the school district.
(3) The meal program shall not be operated so as to
impair or reduce the provision of food services to students of
the school districts. [1979 c 58 § 2. Formerly RCW
28A.58.724.]
Severability—1979 c 58: "If any provision of this amendatory act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 58 § 3.]
Chapter 28A.625
Chapter 28A.625 RCW
AWARDS
Sections
EXCELLENCE IN EDUCATION
28A.625.010
28A.625.020
28A.625.030
28A.625.042
28A.625.050
Short title.
Recipients—Awards.
Washington State Christa McAuliffe award for teachers.
Certificates—Recognition awards.
Rules.
[Title 28A RCW—page 224]
28A.625.010 Short title. RCW 28A.625.020 through
*28A.625.065 may be known and cited as the Washington
award for excellence in education program act. [1995 c 335
§ 107; 1990 c 33 § 513; 1986 c 147 § 1. Formerly RCW
28A.03.520.]
*Reviser's note: RCW 28A.625.065 expired June 30, 1998.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Commendable employee service and recognition award program: RCW
28A.625.150.
28A.625.020
28A.625.020 Recipients—Awards. The superintendent of public instruction shall establish an annual award program for excellence in education to recognize teachers, principals, administrators, classified staff, school district superinte n d e n ts , a n d s c h o o l b o a r d s f o r t h e ir l ea d e r s h i p ,
contributions, and commitment to education. The program
shall recognize annually:
(1) Five teachers from each congressional district of the
state. One individual must be an elementary level teacher,
one must be a junior high or middle school level teacher, and
one must be a secondary level teacher. Teachers shall include
educational staff associates;
(2) Five principals or administrators from the state;
(3) One school district superintendent from the state;
(4) One school district board of directors from the state;
and
(5) Three classified staff from each congressional district
of the state. [1991 c 255 § 1. Prior: 1990 c 77 § 1; 1990 c 33
§ 514; 1989 c 75 § 1; 1988 c 251 § 1; 1987 1st ex.s. c 2 § 209;
1986 c 147 § 2. Formerly RCW 28A.03.523.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.625.030
28A.625.030 Washington State Christa McAuliffe
award for teachers. The award for teachers under the
Washington award for excellence in education program shall
(2004 Ed.)
Awards
be named the "Washington State Christa McAuliffe Award,
in honor and memory of Sharon Christa Corrigan McAuliffe." As the first teacher and private citizen selected nationally to voyage into space, Christa McAuliffe exemplified
what is exciting and positive about the teaching profession.
Her contributions within the scope of the nation's education
system helped to show that education can and should be a
vital and dynamic experience for all participants. Christa
McAuliffe's chosen profession encompasses learning by discovery and her desire to make new discoveries was reflected
by her participation in the nation's space program.
The selection of Christa McAuliffe as the first teacher in
space was directly linked to Washington state in that then
superintendent of public instruction Dr. Frank Brouillet both
appointed and served as a member of the national panel
which selected Christa McAuliffe.
The tragic loss of the life of Christa McAuliffe on the
flight of the space shuttle Challenger on January 28, 1986,
will be remembered through the legacy she gave to her family, friends, relatives, students, colleagues, the education profession, and the nation: A model example of striving toward
excellence. [1991 c 255 § 2; 1986 c 147 § 3. Formerly RCW
28A.03.526.]
28A.625.042 Certificates—Recognition awards. (1)
All recipients of the Washington award for excellence in education shall receive a certificate presented by the governor
and the superintendent of public instruction, or their designated representatives, at a public ceremony or ceremonies in
appropriate locations.
(2) In addition to the certificate under subsection (1) of
this section, the award for teachers, classified employees,
superintendents employed by second class school districts,
and principals or administrators shall include a recognition
award of at least two thousand five hundred dollars. The
amount of the recognition award for superintendents
employed by first class school districts shall be at least one
thousand dollars. The recognition award shall not be considered compensation for the purposes of RCW 28A.400.200.
(3) In addition to the certificate under subsection (1) of
this section, the award for the school board shall include a
recognition award not to exceed two thousand five hundred
dollars. The school board must use its recognition award for
an educational purpose. [1994 c 279 § 4.]
28A.625.042
Effective date—1994 c 279 § 4: "Section 4 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect April 1, 1994." [1994 c 279 § 6.]
Severability—1994 c 279: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or
the application of the provision to other persons or circumstances is not
affected." [1994 c 279 § 7.]
28A.625.050 Rules. The superintendent of public
instruction shall adopt rules under chapter 34.05 RCW to
carry out the purposes of RCW 28A.625.010 through
*28A.625.065. These rules shall include establishing the
selection criteria for the Washington award for excellence in
education program. The superintendent is encouraged to consult with teachers, educational staff associates, principals,
administrators, classified employees, superintendents, and
school board members in developing the selection criteria.
28A.625.050
(2004 Ed.)
28A.625.150
Notwithstanding the provisions of RCW 28A.625.020 (1)
and (2), such rules may allow for the selection of individuals
whose teaching or administrative duties, or both, may encompass multiple grade level or building assignments, or both.
[1995 c 335 § 108; 1991 c 255 § 8; 1990 c 33 § 516; 1988 c
251 § 2; 1986 c 147 § 5. Formerly RCW 28A.03.532.]
*Reviser's note: RCW 28A.625.065 expired June 30, 1998.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
EMPLOYEE SUGGESTION PROGRAM
28A.625.100
28A.625.100 Board of directors of a school district
may establish. The board of directors of any school district
may establish and maintain an employee suggestion program
to encourage and reward meritorious suggestions by certificated and classified school employees. The program shall be
designed to promote efficiency or economy in the performance of any function of the school district. Each board
establishing an employee suggestion program shall establish
procedures for the proper administration of the program.
[1986 c 143 § 1. Formerly RCW 28A.02.320.]
Effective date—1986 c 143: "This act shall take effect on August 1,
1986." [1986 c 143 § 4.]
28A.625.110
28A.625.110 Awards. The board of directors of the
school district shall make the final determination as to
whether an employee suggestion award will be made and
shall determine the nature and extent of the award. The award
shall not be a regular or supplemental compensation program
for all employees and the suggestion must, in fact, result in
actual savings greater than the award amount. Any moneys
which may be awarded to an employee as part of an
employee suggestion program shall not be considered salary
or compensation for the purposes of RCW 28A.400.200 or
chapter 41.40 RCW. [1990 c 33 § 519; 1987 1st ex.s. c 2 §
207; 1986 c 143 § 2. Formerly RCW 28A.02.325.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Effective date—1986 c 143: See note following RCW 28A.625.100.
COMMENDABLE EMPLOYEE SERVICE AND
RECOGNITION AWARD
28A.625.150
28A.625.150 Award program. The board of directors
of any school district may establish a commendable
employee service and recognition award program for certificated and classified school employees. The program shall be
designed to recognize exemplary service, special achievements, or outstanding contributions by an individual in the
performance of his or her duties as an employee of the school
district. The board of directors of the school district shall
determine the extent and type of any nonmonetary award.
The value of any nonmonetary award shall not be deemed
sa lar y o r c o m p e n sat io n f o r th e p u r p os e s o f R CW
28A.400.200 or chapter 41.32 RCW. [1990 c 33 § 520; 1987
1st ex.s. c 2 § 210; 1985 c 399 § 2. Formerly RCW
28A.58.842.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
[Title 28A RCW—page 225]
28A.625.200
Title 28A RCW: Common School Provisions
Award for excellence in education program: RCW 28A.625.020 through
28A.625.050.
MATHEMATICS, ENGINEERING, AND
SCIENCE ACHIEVEMENT
28A.625.200
28A.625.200 Findings and intent. The legislature
finds that high technology is important to the state's economy
and the welfare of its citizens. The legislature finds that certain groups, as characterized by sex or ethnic background, are
traditionally underrepresented in mathematics, engineering,
and the science-related professions in this state. The legislature finds that women and minority students have been traditionally discouraged from entering the fields of science and
mathematics including teaching in these fields. The legislature finds that attitudes and knowledges acquired during the
kindergarten through eighth grade prepare students to succeed in high school science and mathematics programs and
that special skills necessary for these fields need to be
acquired during the ninth through twelfth grades. It is the
intent of the legislature to promote a mathematics, engineering, and science achievement program to help increase the
number of people in these fields and teaching in these fields
from groups underrepresented in these fields. [1989 c 66 § 1;
1984 c 265 § 1. Formerly RCW 28A.03.430.]
Implementation—Funding required—1984 c 265: "Implementation
of this act shall be subject to funds being appropriated or otherwise available
for such purposes." [1984 c 265 § 6.]
28A.625.210
28A.625.210 Mathematics, engineering, and science
achievement program—Establishment and administration through University of Washington—Goals. A program to increase the number of people from groups underrepresented in the fields of mathematics, engineering, and the
physical sciences in this state shall be established by the University of Washington. The program shall be administered
through the University of Washington and designed to:
(1) Encourage students in the targeted groups in the common schools, with a particular emphasis on those students in
middle and junior high schools and the sixth through twelfth
grades, to acquire the academic skills needed to study mathematics, engineering, or related sciences at an institution of
higher education;
(2) Promote the awareness of career opportunities
including the career opportunities of teaching in the fields of
science and mathematics and the skills necessary to achieve
those opportunities among students sufficiently early in their
educational careers to permit and encourage the students to
acquire the skills;
(3) Promote cooperation among institutions of higher
education, the superintendent of public instruction and local
school districts in working towards the goals of the program;
and
(4) Solicit contributions of time and resources from public and private institutions of higher education, high schools,
middle and junior high schools, and private business and
industry. [1990 c 286 § 1; 1989 c 66 § 2; 1984 c 265 § 2. Formerly RCW 28A.03.432.]
Implementation—Funding required—1984 c 265: See note following RCW 28A.625.200.
[Title 28A RCW—page 226]
28A.625.220
28A.625.220 Mathematics, engineering, and science
achievement program—Coordinator—Staff. A coordinator shall be hired to administer the program. Additional staff
as necessary may be hired. [1984 c 265 § 3. Formerly RCW
28A.03.434.]
Implementation—Funding required—1984 c 265: See note following RCW 28A.625.200.
28A.625.230
28A.625.230 Coordinator to develop selection standards. The coordinator shall develop standards and criteria
for selecting students who participate in the program which
may include predictive instruments to ascertain aptitude and
probability of success. The standards shall include requirements that students take certain courses, maintain a certain
grade point average, and participate in activities sponsored by
the program. Women and students from minority groups,
which are traditionally underrepresented in mathematics and
science-related professions and which meet the requirements
established by the coordinator shall be selected. [1984 c 265
§ 4. Formerly RCW 28A.03.436.]
Implementation—Funding required—1984 c 265: See note following RCW 28A.625.200.
28A.625.240
28A.625.240 Local program centers. The coordinator
shall establish local program centers throughout the state to
implement RCW 28A.625.210 through 28A.625.230. Each
center shall be managed by a center director. Additional staff
as necessary may be hired. [1990 c 33 § 521; 1984 c 265 § 5.
Formerly RCW 28A.03.438.]
Implementation—Funding required—1984 c 265: See note following RCW 28A.625.200.
SCHOOL IMPROVEMENT AND RESEARCH PROJECTS
28A.625.350
28A.625.350 Short title. RCW 28A.625.360 through
28A.625.390 may be known and cited as the Washington
award for excellence in teacher preparation act. [1990 1st
ex.s. c 10 § 1.]
Finding—1990 1st ex.s. c 10: "The legislature finds that excellence in
teacher preparation requires increased cooperation and coordination between
institutions of higher education and school districts as it relates to the preparation of students into the profession of teaching. The legislature further
finds that an increase in the level of such cooperation and coordination in
selecting, training, and supervising excellent "cooperating" teachers, and the
development of new school and university partnerships, will be beneficial to
the teaching profession, and will enhance the ability of all new teachers to
perform at a more competent level during their initial teaching experience."
[1990 1st ex.s. c 10 § 6.]
28A.625.360
28A.625.360 Excellence in teacher preparation
award established. (1) The state board of education shall
establish an annual award program for excellence in teacher
preparation to recognize higher education teacher educators
for their leadership, contributions, and commitment to education.
(2) The program shall recognize annually one teacher
preparation faculty member from one of the teacher preparation programs approved by the state board of education.
[1990 1st ex.s. c 10 § 2.]
Finding—1990 1st ex.s. c 10: See note following RCW 28A.625.350.
(2004 Ed.)
Temporary Provisions—Special Projects
AT-RISK STUDENTS
28A.625.370
28A.625.370 Award for teacher educator. The award
for the teacher educator shall include:
(1) A certificate presented to the teacher educator by the
governor, the president of the state board of education, and
the superintendent of public instruction at a public ceremony;
and
(2) A grant to the professional education advisory board
of the institution from which the teacher educator is selected,
which grant shall not exceed two thousand five hundred dollars and which grant shall be awarded under RCW
28A.625.390. [1990 1st ex.s. c 10 § 3.]
Finding—1990 1st ex.s. c 10: See note following RCW 28A.625.350.
28A.625.380
28A.625.380 Rules. The state board of education shall
adopt rules under chapter 34.05 RCW to carry out the purposes of RCW 28A.625.360 through 28A.625.390. These
rules shall include establishing the selection criteria for the
Washington award for excellence in teacher preparation. The
state board of education is encouraged to consult with teacher
educators, deans, and professional education advisory board
members in developing the selection criteria. The criteria
shall include any role performed by nominees relative to
implementing innovative developments by the nominee's
teacher preparation program and efforts the nominee has
made to assist in communicating with legislators, common
school teachers and administrators and others about the nominee's teacher preparation program. [1990 1st ex.s. c 10 § 4.]
Finding—1990 1st ex.s. c 10: See note following RCW 28A.625.350.
28A.625.390
28A.625.390 Educational grant—Eligibility—
Award. The professional education advisory board for the
institution from which the teacher educator has been selected
to receive an award shall be eligible to apply for an educational grant as provided under RCW 28A.625.370. The state
board of education shall award the grant after the state board
has approved the grant application as long as the written grant
application is submitted to the state board within one year
after the award is received by the teacher educator. The grant
application shall identify the educational purpose toward
which the grant shall be used. [1990 1st ex.s. c 10 § 5.]
Finding—1990 1st ex.s. c 10: See note following RCW 28A.625.350.
28A.625.900
28A.625.900 Severability—1990 1st ex.s. c 10. If any
provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances
is not affected. [1990 1st ex.s. c 10 § 10.]
Chapter 28A.630 RCW
TEMPORARY PROVISIONS—SPECIAL PROJECTS
Chapter 28A.630
Sections
PILOT PROJECT FOR CHILDREN IN FOSTER CARE
28A.630.005 Pilot project to assist school-age children in short-term foster
care.
28A.630.015 Special services pilot program.
DEVELOPMENT OF EDUCATIONAL PARAPROFESSIONAL
TRAINING PROGRAM
28A.630.400 Paraeducator associate of arts degree.
(2004 Ed.)
28A.630.015
28A.630.810 Rules.
SCHOOL-TO-WORK TRANSITION PROJECT
28A.630.881 School-to-work transition project—Findings—Intent—Outreach—Technical assistance.
PILOT PROJECT FOR CHILDREN IN FOSTER CARE
28A.630.005
28A.630.005 Pilot project to assist school-age children in short-term foster care. (1) The Nooksack Valley
and Mount Vernon school districts shall implement a pilot
project within existing resources to assist school-age children
in foster care fewer than seventy-five days to continue attending the school where they were enrolled before entering foster care. The pilot project shall be implemented as provided
in this section no later than April 30, 2002, and shall conclude
June 30, 2003. Data from the pilot project shall be compiled
and submitted to the working group established in RCW
28A.300.800 no later than July 30, 2002, and periodically
thereafter.
(2) For the purposes of the pilot project in the two school
districts, the department of social and health services and the
school districts shall, as appropriate, undertake the following
activities:
(a) A school-age child who enters foster care on or after
April 30, 2002, shall, unless it is determined to be not in the
best interest of the child, continue attending the school where
she or he was enrolled before entering foster care, notwithstanding the physical location of the child's principal abode.
The best interest of the child determination shall be made at
the seventy-two hour shelter care hearing, and reviewed at
any subsequent shelter care hearing.
(b) The department of social and health services, the
school the child was attending prior to entering foster care,
and the school that serves the child's foster home shall negotiate a plan for transporting the child to the school the child
was attending prior to entering foster care. The department of
social and health services shall not be responsible for the cost
of transportation of the children in the pilot project.
(c) If the department of social and health services places
a child in foster care, and the child does not continue to attend
the school the child was attending prior to entering foster
care, the department shall notify the school about the change.
[2002 c 326 § 2.]
Effective date—2002 c 326: See note following RCW 28A.300.800.
28A.630.015
28A.630.015 Special services pilot program. (Expires
June 30, 2007.) (1) The special services pilot program is created. The purpose of the program is to encourage participating school districts to provide early intensive reading and language assistance to students who are struggling academically. The goal of such assistance is to effectively address
reading and language difficulties resulting in a substantially
greater proportion of students meeting the progressively
increasing performance standards for both the aggregate and
disaggregated subgroups under federal law.
(2) A maximum of two school districts may participate.
Interested districts shall apply no later than May 15, 2003, to
the superintendent of public instruction to participate in the
pilot program established by this section. The superintendent
[Title 28A RCW—page 227]
28A.630.400
Title 28A RCW: Common School Provisions
shall make a decision no later than June 15, 2003, regarding
which two school districts may participate in the program.
(3) The pilot program is intended to be four years, to
begin in the 2003-04 school year and conclude in the 2006-07
school year, unless the program is extended by the legislature.
(4) School districts participating in the pilot program
shall receive state special education funding in accordance
with state special education funding formulas and a separate
pilot program appropriation from sources other than special
education funds. The separate appropriation shall be calculated as follows:
(a) The school district's estimated state special education
funding for the current year based on the school district's
average percentage of students age three through twenty-one
who were eligible for special education services in the 200102 and 2002-03 school years as reported to the office of the
superintendent of public instruction;
(b) Less the school district's actual state special education funding based on the district's current percentage of students age three through twenty-one eligible for special education services as reported to the superintendent of public
instruction.
(5) Participation in the pilot program shall not increase
or decrease a district's ability to access the safety net for high
cost students by virtue of the district's participation in this
pilot program. Districts participating in this pilot program
shall have access to the special education safety net using a
modified application approach for the office of the superintendent of public instruction Worksheet A - demonstration of
financial need. The superintendent shall create a modified
application to include all special education revenues received
by the district, all pilot program funding, and include expenditures for students with individual education plans and
expenditures for students generating pilot program revenue.
Districts participating in this pilot project that seek safety net
funding shall convincingly demonstrate to the committee that
any change in demonstrated need on the Worksheet A is not
attributable to their participation in this pilot project.
(6) School districts participating in the program must
agree to:
(a) Implement a tiered set of research-based instructional
interventions addressing individual student needs that
address reading and language deficits;
(b) Use multiple diagnostic instruments to identify the
literacy needs of each student;
(c) Assure parents are informed of diagnosed student
needs, and have input into designed interventions;
(d) Actively engage parents as partners in the learning
process;
(e) Comply with state special education requirements;
and
(f) Participate in an evaluation of the program as determined by the superintendent of public instruction. This may
include contributing funds and staff expertise for the design
and implementation of the evaluation. Districts shall annually review and report progress, including objective measures
or indicators that show the progress towards achieving the
purpose and goal of the program, to the office of the superintendent of public instruction.
[Title 28A RCW—page 228]
(7) By December 15, 2006, the superintendent of public
instruction shall submit a report to the governor and legislature that summarizes the effectiveness of the pilot program.
The report shall also include a recommendation as to whether
or not the pilot program should be continued, expanded, or
otherwise modified.
(8) This section expires June 30, 2007. [2003 c 133 § 2.]
Findings—2003 c 133: "Research has shown that early, intensive assistance can significantly improve reading and language skills for children who
are struggling academically. This early research-based assistance has been
successful in reducing the number of children who require specialized programs. However, by being effective in reducing the number of students eligible for these programs, school district funding is reduced." [2003 c 133 §
1.]
Effective date—2003 c 133: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[May 7, 2003]." [2003 c 133 § 3.]
DEVELOPMENT OF EDUCATIONAL
PARAPROFESSIONAL TRAINING PROGRAM
28A.630.400
28A.630.400 Paraeducator associate of arts degree.
(1) The state board of education and the state board for community and technical colleges, in consultation with the superintendent of public instruction, the higher education coordinating board, the state apprenticeship training council, and
community colleges, shall adopt rules as necessary under
chapter 34.05 RCW to implement the paraeducator associate
of arts degree.
(2) As used in this section, a "paraeducator" is an individual who has completed an associate of arts degree for a
paraeducator. The paraeducator may be hired by a school district to assist certificated instructional staff in the direct
instruction of children in small and large groups, individualized instruction, testing of children, recordkeeping, and preparation of materials. The paraeducator shall work under the
direction of instructional certificated staff.
(3) The training program for a paraeducator associate of
arts degree shall include, but is not limited to, the general
requirements for receipt of an associate of arts degree and
training in the areas of introduction to childhood education,
orientation to children with disabilities, fundamentals of
childhood education, creative activities for children, instructional materials for children, fine art experiences for children,
the psychology of learning, introduction to education, child
health and safety, child development and guidance, first aid,
and a practicum in a school setting.
(4) Consideration shall be given to transferability of
credit earned in this program to teacher preparation programs
at colleges and universities. [1995 c 335 § 202; 1995 c 77 §
27; 1991 c 285 § 2; 1989 c 370 § 1. Formerly RCW
28A.04.180.]
Reviser's note: This section was amended by 1995 c 77 § 27 and by
1995 c 335 § 202, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
(2004 Ed.)
Offenses Relating to School Property and Personnel
AT-RISK STUDENTS
28A.630.810
28A.630.810 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to carry out the provisions of chapter 233, Laws of
1989. [1989 c 233 § 17. Formerly RCW 28A.120.800.]
SCHOOL-TO-WORK TRANSITION PROJECT
28A.635.020
28A.635.070 Property, failure of officials or employees to account for—
Mutilation by—Penalties.
28A.635.080 Director's connivance to employ uncertified teachers—Liability.
28A.635.090 Interference by force or violence—Penalty.
28A.635.100 Intimidating any administrator, teacher, classified employee,
or student by threat of force or violence unlawful—Penalty.
28A.635.110 Violations under RCW 28A.635.090 and 28A.635.100—
Disciplinary authority exception.
Educational employment relations act: Chapter 41.59 RCW.
28A.630.881
28A.630.881 School-to-work transition project—
Findings—Intent—Outreach—Technical assistance. (1)
The legislature finds that students who do not prepare for
postsecondary education, training, and employment are more
likely to become dependent on state assistance programs than
those who do make such preparation and that long-term
employment and earning outcomes for youth can be significantly improved through school-to-work transition efforts,
particularly through work-based learning experiences. The
legislature intends that every effort be made to involve all
youth in preparation for postsecondary education, training,
and employment, including out-of-school youth.
(2) Washington is engaged in developing school-to-work
transitions for all youth, which involves preparation for postsecondary education, training, and employment and requires
outreach to out-of-school youth. All school-to-work transition projects in the state, therefore, whether funded by state or
federal funds, shall contain an outreach component directed
toward school-age youth not currently enrolled in school and
demonstrate the involvement of all in-school youth in preparation for postsecondary education or training or employment. At the time a school-to-work grant is made, the superintendent of public instruction shall withhold twenty percent
of the grant award and release the funds upon a showing that
the project has satisfactorily included outreach to out-ofschool youth and progress in involving students not traditionally engaged in preparation for postsecondary education,
training, or employment.
(3) The office of the superintendent of public instruction
shall provide technical assistance to ensure that school districts establish and operate outreach efforts under this section,
and to include out-of-school youth in school-to-work efforts
within available funds. [1997 c 58 § 304.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Chapter 28A.635 RCW
OFFENSES RELATING TO SCHOOL PROPERTY
AND PERSONNEL
Chapter 28A.635
Sections
28A.635.010 Abusing or insulting teachers, liability for—Penalty.
28A.635.020 Willfully disobeying school administrative personnel or
refusing to leave public property, violations, when—Penalty.
28A.635.030 Disturbing school, school activities or meetings—Penalty.
28A.635.040 Examination questions—Disclosing—Penalty.
28A.635.050 Certain corrupt practices of school officials—Penalty.
28A.635.060 Defacing or injuring school property—Liability of pupil, parent, or guardian—Withholding grades, diploma, or transcripts—Suspension and restitution—Voluntary work
program as alternative—Rights protected.
(2004 Ed.)
28A.635.010
28A.635.010 Abusing or insulting teachers, liability
for—Penalty. Any person who shall insult or abuse a
teacher anywhere on the school premises while such teacher
is carrying out his or her official duties, shall be guilty of a
misdemeanor, the penalty for which shall be a fine of not less
than ten dollars nor more than one hundred dollars. [1990 c
33 § 536; 1984 c 258 § 314; 1969 ex.s. c 199 § 55; 1969 ex.s.
c 223 § 28A.87.010. Prior: 1909 c 97 p 360 § 11; RRS §
5054; prior: 1903 c 156 § 11; 1897 c 118 § 169; 1890 p 383
§ 86. Formerly RCW 28A.87.010, 28.87.010.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
28A.635.020
28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property, violations, when—Penalty. (1) It shall be unlawful for any person to willfully disobey the order of the chief administrative
officer of a public school district, or of an authorized designee of any such administrator, to leave any motor vehicle,
building, grounds or other property which is owned, operated
or controlled by the school district if the person so ordered is
under the influence of alcohol or drugs, or is committing,
threatens to imminently commit or incites another to imminently commit any act which would disturb or interfere with
or obstruct any lawful task, function, process or procedure of
the school district or any lawful task, function, process or
procedure of any student, official, employee or invitee of the
school district. The order of a school officer or designee acting pursuant to this subsection shall be valid if the officer or
designee reasonably believes a person ordered to leave is
under the influence of alcohol or drugs, is committing acts, or
is creating a disturbance as provided in this subsection.
(2) It shall be unlawful for any person to refuse to leave
public property immediately adjacent to a building, grounds
or property which is owned, operated or controlled by a
school district when ordered to do so by a law enforcement
officer if such person is engaging in conduct which creates a
substantial risk of causing injury to any person, or substantial
harm to property, or such conduct amounts to disorderly conduct under RCW 9A.84.030.
(3) Nothing in this section shall be construed to prohibit
or penalize activity consisting of the lawful exercise of freedom of speech, freedom of press and the right to peaceably
assemble and petition the government for a redress of grievances: PROVIDED, That such activity neither does or threatens imminently to materially disturb or interfere with or
obstruct any lawful task, function, process or procedure of
the school district, or any lawful task, function, process or
procedure of any student, official, employee or invitee of the
school district: PROVIDED FURTHER, That such activity
[Title 28A RCW—page 229]
28A.635.030
Title 28A RCW: Common School Provisions
is not conducted in violation of a prohibition or limitation
lawfully imposed by the school district upon entry or use of
any motor vehicle, building, grounds or other property which
is owned, operated or controlled by the school district.
(4) Any person guilty of violating this section shall be
deemed guilty of a gross misdemeanor punishable as provided in chapter 9A.20 RCW. [1997 c 266 § 6; 1981 c 36 §
1; 1975-'76 2nd ex.s. c 100 § 1. Formerly RCW 28A.87.055.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
(2) Any willful violation of this section is a misdemeanor. [2003 c 53 § 168; 1990 c 33 § 537; 1975 1st ex.s. c
275 § 143; 1969 ex.s. c 176 § 150; 1969 ex.s. c 223 §
28A.87.090. Prior: 1917 c 126 § 1; RRS § 5050. Formerly
RCW 28A.87.090, 28.87.090.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
28A.635.060
Severability—1975-'76 2nd ex.s. c 100: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-'76 2nd ex.s. c 100 § 3.]
28A.635.030
28A.635.030 Disturbing school, school activities or
meetings—Penalty. Any person who shall willfully create a
disturbance on school premises during school hours or at
school activities or school meetings shall be guilty of a misdemeanor, the penalty for which shall be a fine in any sum
not more than fifty dollars. [1984 c 258 § 315; 1969 ex.s. c
199 § 57; 1969 ex.s. c 223 § 28A.87.060. Prior: 1909 c 97 p
361 § 12; RRS § 5055; prior: 1903 c 156 § 12; 1897 c 118 §
170; 1890 p 383 § 87. Formerly RCW 28A.87.060,
28.87.060.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
28A.635.040
28A.635.040 Examination questions—Disclosing—
Penalty. Any person having access to any question or questions prepared for the examination of teachers or common
school pupils, who shall directly or indirectly disclose the
same before the time appointed for the use of the questions in
the examination of such teachers or pupils, or who shall
directly or indirectly assist any person to answer any question
submitted, shall be guilty of a misdemeanor, the penalty for
which shall be a fine in any sum not less than one hundred nor
more than five hundred dollars. [1984 c 258 § 316; 1969
ex.s. c 199 § 58; 1969 ex.s. c 223 § 28A.87.070. Prior: 1909
c 97 p 357 § 1; RRS § 5043; prior: 1903 c 156 § 1; 1897 c
118 § 159. Formerly RCW 28A.87.070, 28.87.070.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
28A.635.050
28A.635.050 Certain corrupt practices of school officials—Penalty. (1) Except as otherwise provided in chapter
42.23 RCW, it shall be unlawful for any member of the state
board of education, the superintendent of public instruction
or any employee of the superintendent's office, any educational service district superintendent, any school district
superintendent or principal, or any director of any school district, to request or receive, directly or indirectly, anything of
value for or on account of his or her influence with respect to
any act or proceeding of the state board of education, the
office of the superintendent of public instruction, any office
of educational service district superintendent or any school
district, or any of these, when such act or proceeding shall
inure to the benefit of those offering or giving the thing of
value.
[Title 28A RCW—page 230]
28A.635.060 Defacing or injuring school property—
Liability of pupil, parent, or guardian—Withholding
grades, diploma, or transcripts—Suspension and restitution—Voluntary work program as alternative—Rights
protected. (1) Any pupil who defaces or otherwise injures
any school property, or property belonging to a school contractor, employee, or another student, is subject to suspension
and punishment. If any property of the school district, a contractor of the district, an employee, or another student has
been lost or willfully cut, defaced, or injured, the school district may withhold the grades, diploma, and transcripts of the
pupil responsible for the damage or loss until the pupil or the
pupil's parent or guardian has paid for the damages. If the student is suspended, the student may not be readmitted until the
student or parents or legal guardian has made payment in full
or until directed by the superintendent of schools. If the property damaged is a school bus owned and operated by or contracted to any school district, a student suspended for the
damage may not be permitted to enter or ride any school bus
until the student or parent or legal guardian has made payment in full or until directed by the superintendent. When the
pupil and parent or guardian are unable to pay for the damages, the school district shall provide a program of voluntary
work for the pupil in lieu of the payment of monetary damages. Upon completion of voluntary work the grades,
diploma, and transcripts of the pupil shall be released. The
parent or guardian of such pupil shall be liable for damages as
otherwise provided by law.
(2) Before any penalties are assessed under this section,
a school district board of directors shall adopt procedures
which insure that pupils' rights to due process are protected.
(3) If the department of social and health services or a
child-placing agency licensed by the department has been
granted custody of a child, that child's records, if requested by
the department or agency, are not to be withheld for nonpayment of school fees or any other reason. [1997 c 266 § 13;
1994 c 304 § 1; 1993 c 347 § 3; 1989 c 269 § 6; 1982 c 38 §
1; 1969 ex.s. c 223 § 28A.87.120. Prior: 1909 c 97 p 361 §
41; RRS § 5057; prior: 1903 c 156 § 14; 1897 c 118 § 172;
1890 p 372 § 48. Formerly RCW 28A.87.120, 28.87.120.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Effective date—1994 c 304: "This act shall take effect July 1, 1994."
[1994 c 304 § 4.]
Action against parent for willful injury to property by minor—Monetary limitation—Common law liability preserved: RCW 4.24.190.
28A.635.070
28A.635.070 Property, failure of officials or employees to account for—Mutilation by—Penalties. Any school
district official or employee who shall refuse or fail to deliver
to his or her qualified successor all books, papers, and records
(2004 Ed.)
Sexual Equality
pertaining to his or her position, or who shall willfully mutilate or destroy any such property, or any part thereof, shall be
guilty of a misdemeanor, the penalty for which shall be a fine
not to exceed one hundred dollars: PROVIDED, That for
each day there is a refusal or failure to deliver to a successor
books, papers and records, a separate offense shall be deemed
to have occurred. [1990 c 33 § 538; 1984 c 258 § 317; 1969
ex.s. c 199 § 60; 1969 ex.s. c 223 § 28A.87.130. Prior: 1909
c 97 p 359 § 7, part; RRS § 5049, part; prior: 1907 c 240 §
16, part; 1903 c 156 § 7, part; 1897 c 118 § 165, part. Formerly RCW 28A.87.130, 28.87.130, part.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
28A.640.020
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.635.110
28A.635.110 Violations under RCW 28A.635.090
and 28A.635.100—Disciplinary authority exception. The
crimes defined in RCW 28A.635.090 and 28A.635.100 shall
not apply to school administrators, teachers, or classified
employees who are engaged in the reasonable exercise of
their disciplinary authority. [1990 c 33 § 542; 1988 c 2 § 3;
1971 c 45 § 5. Formerly RCW 28A.87.232.]
Chapter 28A.640
Chapter 28A.640 RCW
SEXUAL EQUALITY
Sections
28A.635.080 Director's connivance to employ uncertified teachers—Liability. Any school district director who
shall aid in or give his or her consent to the employment of a
teacher who is not the holder of a valid teacher's certificate
issued under authority of chapter 28A.410 RCW authorizing
him or her to teach in the school district by which employed
shall be personally liable to his or her district for any loss
which it may sustain by reason of the employment of such
person. [1990 c 33 § 539; 1969 ex.s. c 223 § 28A.87.135.
Prior: 1909 c 97 p 359 § 7, part; RRS § 5049, part; prior:
1907 c 240 § 16, part; 1903 c 156 § 7, part; 1897 c 118 § 165,
part. Formerly RCW 28A.87.135, 28.87.130, part,
28.87.160.]
28A.635.080
28A.635.090 Interference by force or violence—Penalty. (1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any
administrator, teacher, classified employee, person under
contract with the school or school district, or student of any
common school who is in the peaceful discharge or conduct
of his or her duties or studies. Any such interference by force
or violence committed by a student shall be grounds for
immediate suspension or expulsion of the student.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 169; 1996 c
321 § 3; 1990 c 33 § 540; 1988 c 2 § 1; 1971 c 45 § 3. Formerly RCW 28A.87.230.]
28A.635.090
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
28A.635.100 Intimidating any administrator,
teacher, classified employee, or student by threat of force
or violence unlawful—Penalty. (1) It shall be unlawful for
any person, singly or in concert with others, to intimidate by
threat of force or violence any administrator, teacher, classified employee, or student of any common school who is in
the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred
dollars, or imprisoned in jail not more than six months, or
both such fine and imprisonment. [2003 c 53 § 170; 1990 c
33 § 541; 1988 c 2 § 2; 1971 c 45 § 4. Formerly RCW
28A.87.231.]
28A.635.100
(2004 Ed.)
28A.640.010 Purpose—Discrimination prohibited.
28A.640.020 Regulations, guidelines to eliminate discrimination—
Scope—Sexual harassment policies.
28A.640.030 Administration.
28A.640.040 Civil relief for violations.
28A.640.050 Enforcement—Superintendent's orders, scope.
28A.640.900 Chapter supplementary.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
28A.640.010
28A.640.010 Purpose—Discrimination prohibited.
Inequality in the educational opportunities afforded women
and girls at all levels of the public schools in Washington
state is a breach of Article XXXI, section 1, Amendment 61,
of the Washington state Constitution, requiring equal treatment of all citizens regardless of sex. This violation of rights
has had a deleterious effect on the individuals affected and on
society. Recognizing the benefit to our state and nation of
equal educational opportunities for all students, discrimination on the basis of sex for any student in grades K-12 of the
Washington public schools is prohibited. [1975 1st ex.s. c
226 § 1. Formerly RCW 28A.85.010.]
Severability—1975 1st ex.s. c 226: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1975 1st ex.s. c 226 § 8.]
28A.640.020
28A.640.020 Regulations, guidelines to eliminate discrimination—Scope—Sexual harassment policies. (1)
The superintendent of public instruction shall develop regulations and guidelines to eliminate sex discrimination as it
applies to public school employment, counseling and guidance services to students, recreational and athletic activities
for students, access to course offerings, and in textbooks and
instructional materials used by students.
(a) Specifically with respect to public school employment, all schools shall be required to:
(i) Maintain credential requirements for all personnel
without regard to sex;
(ii) Make no differentiation in pay scale on the basis of
sex;
(iii) Assign school duties without regard to sex except
where such assignment would involve duty in areas or situations, such as but not limited to a shower room, where persons might be disrobed;
(iv) Provide the same opportunities for advancement to
males and females; and
[Title 28A RCW—page 231]
28A.640.030
Title 28A RCW: Common School Provisions
(v) Make no difference in conditions of employment
including, but not limited to, hiring practices, leaves of
absence, hours of employment, and assignment of, or pay for,
instructional and noninstructional duties, on the basis of sex.
(b) Specifically with respect to counseling and guidance
services for students, they shall be made available to all students equally. All certificated personnel shall be required to
stress access to all career and vocational opportunities to students without regard to sex.
(c) Specifically with respect to recreational and athletic
activities, they shall be offered to all students without regard
to sex. Schools may provide separate teams for each sex.
Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care;
services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction;
laundry services; assignment of game officials; opportunities
for competition, publicity and awards; scheduling of games
and practice times including use of courts, gyms, and pools:
PROVIDED, That such scheduling of games and practice
times shall be determined by local administrative authorities
after consideration of the public and student interest in
attending and participating in various recreational and athletic activities. Each school which provides showers, toilets,
or training room facilities for athletic purposes shall provide
comparable facilities for both sexes. Such facilities may be
provided either as separate facilities or shall be scheduled and
used separately by each sex.
The superintendent of public instruction shall also be
required to develop a student survey to distribute every three
years to each local school district in the state to determine
student interest for male/ female participation in specific
sports.
(d) Specifically with respect to course offerings, all
classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted
within any class during sessions on sex education or gym
classes.
(e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited
to, reference books and audio-visual materials, they shall be
required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this
chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.
(2)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts
in developing sexual harassment policies as required under
(b) of this subsection. The criteria shall address the subjects
of grievance procedures, remedies to victims of sexual
harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent
of public instruction. Disciplinary actions must conform with
collective bargaining agreements and state and federal laws.
The superintendent of public instruction also shall supply
sample policies to school districts upon request.
(b) By June 30, 1995, every school district shall adopt
and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees,
[Title 28A RCW—page 232]
volunteers, parents, and students, including, but not limited
to, conduct between students.
(c) School district policies on sexual harassment shall be
reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as
part of the monitoring process established in RCW
28A.640.030.
(d) The school district's sexual harassment policy shall
be conspicuously posted throughout each school building,
and provided to each employee. A copy of the policy shall
appear in any publication of the school or school district setting forth the rules, regulations, procedures, and standards of
conduct for the school or school district.
(e) Each school shall develop a process for discussing
the district's sexual harassment policy. The process shall
ensure the discussion addresses the definition of sexual
harassment and issues covered in the sexual harassment policy.
(f) "Sexual harassment" as used in this section means
unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical
conduct or communication of a sexual nature if:
(i) Submission to that conduct or communication is made
a term or condition, either explicitly or implicitly, of obtaining an education or employment;
(ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions
affecting that individual's education or employment; or
(iii) That conduct or communication has the purpose or
effect of substantially interfering with an individual's educational or work performance, or of creating an intimidating,
hostile, or offensive educational or work environment. [1994
c 213 § 1; 1975 1st ex.s. c 226 § 2. Formerly RCW
28A.85.020.]
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
28A.640.030 Administration. The office of the superintendent of public instruction shall be required to monitor
the compliance by local school districts with this chapter,
shall establish a compliance timetable and regulations for
enforcement of this chapter, and shall establish guidelines for
affirmative action programs to be adopted by all school districts. [1975 1st ex.s. c 226 § 3. Formerly RCW 28A.85.030.]
28A.640.030
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
28A.640.040 Civil relief for violations. Any person
aggrieved by a violation of this chapter, or aggrieved by the
violation of any regulation or guideline adopted hereunder,
shall have a right of action in superior court for civil damages
and such equitable relief as the court shall determine. [1975
1st ex.s. c 226 § 4. Formerly RCW 28A.85.040.]
28A.640.040
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
28A.640.050
28A.640.050 Enforcement—Superintendent's
orders, scope. The superintendent of public instruction shall
have the power to enforce and obtain compliance with the
provisions of this chapter and the regulations and guidelines
adopted pursuant thereto by appropriate order made pursuant
(2004 Ed.)
Appeals From Board
to chapter 34.05 RCW, which order, by way of illustration,
may include, the termination of all or part of state apportionment or categorical moneys to the offending school district,
the termination of specified programs in which violations
may be flagrant within the offending school district, the institution of a mandatory affirmative action program within the
offending school district, and the placement of the offending
school district on probation with appropriate sanctions until
compliance is achieved. [1975 1st ex.s. c 226 § 5. Formerly
RCW 28A.85.050.]
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
28A.640.900 Chapter supplementary. This chapter
shall be supplementary to, and shall not supersede, existing
law and procedures and future amendments thereto relating
to unlawful discrimination based on sex. [1975 1st ex.s. c
226 § 6. Formerly RCW 28A.85.900.]
28A.650.010
board, at its expense, or the school official, at such official's
expense, shall file the complete transcript of the evidence and
the papers and exhibits relating to the decision for which a
complaint has been filed. Such filings shall be certified to be
correct. [1971 ex.s. c 282 § 41. Formerly RCW 28A.88.013.]
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.645.030
28A.645.030 Appeal to be heard de novo and expeditiously. Any appeal to the superior court shall be heard de
novo by the superior court. Such appeal shall be heard expeditiously. [1971 ex.s. c 282 § 42. Formerly RCW
28A.88.015.]
28A.640.900
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
Chapter 28A.645
Chapter 28A.645 RCW
APPEALS FROM BOARD
Sections
28A.645.010
28A.645.020
28A.645.030
28A.645.040
Appeals—Notice of—Scope—Time limitation.
Transcript filed, certified.
Appeal to be heard de novo and expeditiously.
Certified copy of decision to county assessor when school
district boundaries changed.
Educational employment relations act: Chapter 41.59 RCW.
28A.645.010 Appeals—Notice of—Scope—Time limitation. Any person, or persons, either severally or collectively, aggrieved by any decision or order of any school official or board, within thirty days after the rendition of such
decision or order, or of the failure to act upon the same when
properly presented, may appeal the same to the superior court
of the county in which the school district or part thereof is situated, by filing with the secretary of the school board if the
appeal is from board action or failure to act, otherwise with
the proper school official, and filing with the clerk of the
superior court, a notice of appeal which shall set forth in a
clear and concise manner the errors complained of.
Appeals by teachers, principals, supervisors, superintendents, or other certificated employees from the actions of
school boards with respect to discharge or other action
adversely affecting their contract status, or failure to renew
their contracts for the next ensuing term shall be governed by
the appeal provisions of chapters 28A.400 and 28A.405
RCW therefor and in all other cases shall be governed by
chapter 28A.645 RCW. [1990 c 33 § 544; 1971 ex.s. c 282 §
40; 1969 ex.s. c 34 § 17; 1969 ex.s. c 223 § 28A.88.010.
Prior: 1961 c 241 § 9; 1909 c 97 p 362 § 1; RRS § 5064. Formerly RCW 28A.88.010, 28.88.010.] [SLC-RO-1.]
28A.645.010
Seve ra bi li ty—1 971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
RCW 28A.645.010 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
Seve ra bili ty— 1971 e x.s. c 282 : Se e no te fo llo wing R CW
28A.310.010.
28A.645.040
28A.645.040 Certified copy of decision to county
assessor when school district boundaries changed. In
cases of appeal resulting in the change of any school district
boundaries the decision shall within five days thereafter be
also certified by the proper officer to the county assessor of
the county, or to the county assessors of the counties, wherein
the territory may lie. [1969 ex.s. c 223 § 28A.88.090. Prior:
1909 c 97 p 364 § 8; RRS § 5071. Formerly RCW
28A.88.090, 28.88.090.]
Chapter 28A.650
Chapter 28A.650 RCW
EDUCATION TECHNOLOGY
Sections
28A.650.005 Findings—Intent.
28A.650.010 Definitions.
28A.650.015 Education technology plan—Educational technology advisory committee.
28A.650.020 Regional educational technology support centers—Advisory
councils.
28A.650.025 Distribution of funds for regional educational technology
support centers.
28A.650.030 Distribution of funds to expand the education statewide network.
28A.650.035 Education technology account.
28A.650.040 Rules.
28A.650.900 Findings—Intent—Part headings not law—1993 c 336.
28A.650.901 Findings—1993 c 336.
28A.650.005
28A.650.005 Findings—Intent. The legislature recognizes that up-to-date tools will help students learn. Workplace technology requirements will continue to change and
students should be knowledgeable in the use of technologies.
Furthermore, the legislature finds that the Washington
systemic initiative is a broad-based effort to promote widespread public literacy in mathematics, science, and technology. An important component of the systemic initiative is the
universal electronic access to information by students. It is
the intent of the legislature that components of RCW
28A.650.010 through 28A.650.025 will support the statewide
systemic reform effort in mathematics, science, and technology as envisioned by the Washington systemic initiative.
[1993 c 336 § 701.]
28A.650.010
28A.645.020 Transcript filed, certified. Within
twenty days of service of the notice of appeal, the school
28A.645.020
(2004 Ed.)
28A.650.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 28A RCW—page 233]
28A.650.015
Title 28A RCW: Common School Provisions
(1) "Education technology" or "technology" means the
effective use of electronic and optical tools, including telephones, and electronic and optical pathways in helping students learn.
(2) "Network" means integrated linking of education
technology systems in schools for transmission of voice,
data, video, or imaging, or a combination of these. [1993 c
336 § 702.]
28A.650.015
28A.650.015 Education technology plan—Educational technology advisory committee. (1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12
education technology plan. The technology plan shall be
updated on at least a biennial basis, shall be developed to
coordinate and expand the use of education technology in the
common schools of the state. The plan shall be consistent
with applicable provisions of chapter 43.105 RCW. The plan,
at a minimum, shall address:
(a) The provision of technical assistance to schools and
school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;
(b) The continued development of a network to connect
school districts, institutions of higher learning, and other
sources of on-line information; and
(c) Methods to equitably increase the use of education
technology by students and school personnel throughout the
state.
(2) The superintendent of public instruction shall appoint
an educational technology advisory committee to assist in the
development and implementation of the technology plan in
subsection (1) of this section. The committee shall include,
but is not limited to, persons representing: The state board of
education, the commission on student learning, the department of information services, educational service districts,
school directors, school administrators, school principals,
teachers, classified staff, higher education faculty, parents,
students, business, labor, scientists and mathematicians, the
higher education coordinating board, the work force training
and education coordinating board, and the state library.
[1995 c 335 § 507; 1994 c 245 § 2; 1993 c 336 § 703.]
28A.650.025
28A.650.025 Distribution of funds for regional educational technology support centers. The superintendent of
public instruction, to the extent funds are appropriated, shall
distribute funds to educational service districts on a grant
basis for the regional educational technology support centers
established in RCW 28A.650.020. [1993 c 336 § 706.]
28A.650.030
28A.650.030 Distribution of funds to expand the education statewide network. The superintendent of public
instruction, to the extent funds are appropriated, shall distribute funds to the Washington school information processing
cooperative and to school districts on a grant basis, from
moneys appropriated for the purposes of this section, for
equipment, networking, and software to expand the current
K-12 education statewide network. [1993 c 336 § 707.]
28A.650.035
28A.650.035 Education technology account. (1) The
superintendent of public instruction may receive such gifts,
grants, and endowments from public or private sources as
may be made from time to time, in trust or otherwise, for the
use and benefit of the purposes of educational technology and
expend the same or any income therefrom according to the
terms of the gifts, grants, or endowments.
(2) The education technology account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received from gifts, grants, or endowments for education
technology. Moneys in the account may be spent only for
education technology. Disbursements from the account shall
be on authorization of the superintendent of public instruction or the superintendent's designee. The account is subject
to the allotment procedure provided under chapter 43.88
RCW, but no appropriation is required for disbursements.
[1993 c 336 § 708.]
28A.650.040
28A.650.040 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW governing the operation and scope of this chapter.
[1993 c 336 § 709.]
28A.650.900
28A.650.900 Findings—Intent—Part headings not
law—1993 c 336. See notes following RCW 28A.150.210.
28A.650.901
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.650.901 Findings—1993 c 336. See note following RCW 28A.150.210.
28A.650.020
28A.650.020 Regional educational technology support centers—Advisory councils. Educational service districts shall establish, subject to available funding, regional
educational technology support centers for the purpose of
providing ongoing educator training, school district cost-benefit analysis, long-range planning, network planning, distance learning access support, and other technical and programmatic support. Each educational service district shall
establish a representative advisory council to advise the educational service district in the expenditure of funds provided
to the technology support centers. [1993 c 336 § 705.]
Reviser's note: 1993 c 336 directed that this section be added to chapter 28A.310 RCW. This section has been codified in chapter 28A.650 RCW,
which relates more directly to educational technology.
[Title 28A RCW—page 234]
Chapter 28A.655
Chapter 28A.655 RCW
ACADEMIC ACHIEVEMENT
AND ACCOUNTABILITY
Sections
28A.655.005
28A.655.010
28A.655.020
28A.655.030
Findings.
Washington commission on student learning—Definitions.
Academic achievement and accountability commission.
Essential academic learning requirements and assessments—
Duties of the academic achievement and accountability
commission.
28A.655.061 High school assessment system—Certificate of academic
achievement requirements—Exemptions—Options to
retake high school assessment—Objective alternative
assessment—Student learning plans.
28A.655.070 Essential academic learning requirements and assessments—
Duties of the superintendent of public instruction.
(2004 Ed.)
Academic Achievement and Accountability
28A.655.090 Washington assessment of student learning—Reporting
requirements.
28A.655.100 Performance goals—Reporting requirements.
28A.655.110 Annual school performance report—Model report form.
28A.655.130 Accountability implementation funds.
28A.655.140 Technical assistance.
28A.655.150 Consolidation of requirements for categorical grant programs—Use of electronic applications and reporting.
28A.655.180 Waivers for educational restructuring programs—Study by
joint select committee on education restructuring—Report
to legislature.
28A.655.900 Transfer of powers, duties, and functions.
28A.655.901 Part headings and captions not law—1999 c 388.
28A.655.902 Severability—1999 c 388.
28A.655.005
28A.655.005 Findings. The legislature finds that the
purpose of Washington's accountability system is to improve
student learning and student achievement of the essential academic learning requirement standards so that each individual
student will be given the opportunity to become a responsible
citizen and successfully live, learn, and work in the twentyfirst century. To achieve this purpose, the accountability system should be based on student achievement and continuous
improvement at all levels of Washington's education system
and on a fundamental principle that all public school students
have access to curriculum and instruction that is aligned to
the standards.
The legislature further finds that the accountability system should rely on local responsibility and leadership. Districts and schools should be expected to improve and be evaluated based on their improvement over time. Districts should
recognize exceptional progress and work closely with
schools needing assistance.
The legislature further finds that the accountability system must be simple to use and understand. Consequences
must be predictable and fair. Differences among students,
schools, and districts should be recognized and respected as
the system is implemented. There should be a balance of each
student's right to privacy and the public's right to know the
overall levels of learning and achievement at the school, district, and state levels. In addition, the accountability system
should be continuously reviewed and improved as more is
learned about how schools operate to meet the learning needs
of Washington's students. [1999 c 388 § 1.]
28A.655.010
28A.655.010 Washington commission on student
learning—Definitions. Unless the context clearly requires
otherwise, the definitions in this section apply throughout
RCW *28A.630.885 and 28A.300.130.
(1) "Commission" means the commission on student
learning created in *RCW 28A.630.885.
(2) "Student learning goals" mean[s] the goals established in RCW 28A.150.210.
(3) "Essential academic learning requirements" means
more specific academic and technical skills and knowledge,
based on the student learning goals, as determined under
*RCW 28A.630.885(3)(a). Essential academic learning
requirements shall not limit the instructional strategies used
by schools or school districts or require the use of specific
curriculum.
(4) "Performance standards" or "standards" means the
criteria used to determine if a student has successfully
learned the specific knowledge or skill being assessed as
(2004 Ed.)
28A.655.020
determined under *RCW 28A.630.885(3)(b). The standards
should be set at internationally competitive levels.
(5) "Assessment system" or "student assessment system"
means a series of assessments used to determine if students
have successfully learned the essential academic learning
requirements. The assessment system shall be developed
under *RCW 28A.630.885(3)(b).
(6) "Performance-based education system" means an
education system in which a significantly greater emphasis is
placed on how well students are learning, and significantly
less emphasis is placed on state-level laws and rules that dictate how instruction is to be provided. The performancebased education system does not require that schools use an
outcome-based instructional model. Decisions regarding how
instruction is provided are to be made, to the greatest extent
possible, by schools and school districts, not by the state.
[1993 c 336 § 201. Formerly RCW 28A.630.883.]
*Reviser's note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.630.879.
28A.655.020
28A.655.020 Academic achievement and accountability commission. (1) The academic achievement and
accountability commission is established.
(2) The primary purpose of the commission is to provide
oversight of the state's educational accountability system.
(3) The commission shall consist of nine members
selected as follows:
(a) One member shall be the superintendent of public
instruction or the superintendent's designee; and
(b) Eight members shall be appointed by the governor.
Four of the members shall be selected as follows: Each major
caucus of the house of representatives and the senate shall
submit a list of three names. The lists may not include the
names of members of the legislature. The governor shall
select a member from each list provided by each caucus. All
members appointed by the governor shall be subject to confirmation by the senate.
(4) The governor shall appoint a chair from among the
commission members.
(5) Appointees shall be individuals who are supportive
of educational improvement, who have a positive record of
service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the
commission are achieved. The commission shall be composed of a balance of individuals from within and outside the
public education system. The commission shall include educators, business leaders, and parents.
(6) The governor shall appoint its initial commission
members by July 1, 1999. The first meeting of the commission shall be convened by the superintendent of public
instruction no later than July 30, 1999.
(7) Appointed members shall serve for terms of four
years, with the terms expiring on June 30th of the fourth year
of the term. However, in the case of the initial members, four
members shall serve four-year terms, two members shall
serve three-year terms, and two members shall serve twoyear terms, with each of the terms expiring on June 30th of
[Title 28A RCW—page 235]
28A.655.030
Title 28A RCW: Common School Provisions
the applicable year. Appointees may be reappointed to serve
more than one term.
(8) The governor shall fill any vacancy in appointments
that may occur. When filling a vacancy of a member nominated by a major caucus of the legislature, the governor shall
select the new member from a list of three names submitted
by the same caucus that provided the list from which the retiring member was appointed. [1999 c 388 § 101.]
Effective dates—1999 c 388 §§ 101, 502, and 604: "(1) Section 101 of
this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1999.
(2) Sections 502 and 604 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately
[May 18, 1999]." [1999 c 388 § 608.]
28A.655.030
28A.655.030 Essential academic learning requirements and assessments—Duties of the academic achievement and accountability commission. The powers and
duties of the academic achievement and accountability commission shall include, but are not limited to the following:
(1) For purposes of statewide accountability, the commission shall:
(a) Adopt and revise performance improvement goals in
reading, writing, science, and mathematics by subject and
grade level as the commission deems appropriate to improve
student learning, once assessments in these subjects are
required statewide. The goals shall be consistent with student
privacy protection provisions of RCW 28A.655.090(7) and
shall not conflict with requirements contained in Title I of the
federal elementary and secondary education act of 1965, as
amended. The goals may be established for all students, economically disadvantaged students, limited English proficient
students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic
backgrounds. The commission may establish school and
school district goals addressing high school graduation rates
and dropout reduction goals for students in grades seven
through twelve. The commission shall adopt the goals by
rule. However, before each goal is implemented, the commission shall present the goal to the education committees of
the house of representatives and the senate for the committees' review and comment in a time frame that will permit the
legislature to take statutory action on the goal if such action is
deemed warranted by the legislature;
(b) Identify the scores students must achieve in order to
meet the standard on the Washington assessment of student
learning and, for high school students, to obtain a certificate
of academic achievement. The commission shall also determine student scores that identify levels of student performance below and beyond the standard. The commission
shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The commission shall set such performance standards
and levels in consultation with the superintendent of public
instruction and after consideration of any recommendations
that may be developed by any advisory committees that may
be established for this purpose. The initial performance standards and any changes recommended by the commission in
the performance standards for the tenth grade assessment
shall be presented to the education committees of the house
[Title 28A RCW—page 236]
of representatives and the senate by November 30th of the
school year in which the changes will take place to permit the
legislature to take statutory action before the changes are
implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary
level performance standards and the middle school level performance standards;
(c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the
superintendent of public instruction schools and districts to
be recognized for two types of accomplishments, student
achievement and improvements in student achievement.
Recognition for improvements in student achievement shall
include consideration of one or more of the following accomplishments:
(i) An increase in the percent of students meeting standards. The level of achievement required for recognition
may be based on the achievement goals established by the
legislature and by the commission under (a) of this subsection;
(ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and
(iii) Improvements despite challenges such as high levels
of mobility, poverty, English as a second language learners,
and large numbers of students in special populations as measured by either the percent of students meeting the standard,
or the improvement index.
When determining the baseline year or years for recognizing individual schools, the commission may use the
assessment results from the initial years the assessments were
administered, if doing so with individual schools would be
appropriate;
(d) Adopt objective, systematic criteria to identify
schools and school districts in need of assistance and those in
which significant numbers of students persistently fail to
meet state standards. In its deliberations, the commission
shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;
(e) Identify schools and school districts in which state
intervention measures will be needed and a range of appropriate intervention strategies, beginning no earlier than June 30,
2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001,
and after the legislature has authorized a set of intervention
strategies, at the request of the commission, the superintendent shall intervene in the school or school district and take
corrective actions. This chapter does not provide additional
authority for the commission or the superintendent of public
instruction to intervene in a school or school district;
(f) Identify performance incentive systems that have
improved or have the potential to improve student achievement;
(g) Annually review the assessment reporting system to
ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any
improvements needed to the system;
(h) Annually report by December 1st to the legislature,
the governor, the superintendent of public instruction, and the
(2004 Ed.)
Academic Achievement and Accountability
state board of education on the progress, findings, and recommendations of the commission. The report may include recommendations of actions to help improve student achievement;
(i) By December 1, 2000, and by December 1st annually
thereafter, report to the education committees of the house of
representatives and the senate on the progress that has been
made in achieving goals adopted by the commission;
(j) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;
(k) Seek advice from the public and all interested educational organizations in the conduct of its work; and
(l) Establish advisory committees, which may include
persons who are not members of the commission;
(2) Holding meetings and public hearings, which may
include regional meetings and hearings;
(3) Hiring necessary staff and determining the staff's
duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the
commission until the commission has hired its own staff, and
shall provide most of the technical assistance and logistical
support needed by the commission thereafter. The office of
the superintendent of public instruction shall be the fiscal
agent for the commission. The commission may direct the
office of the superintendent of public instruction to enter into
subcontracts, within the commission's resources, with school
districts, teachers, higher education faculty, state agencies,
business organizations, and other individuals and organizations to assist the commission in its deliberations; and
(4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060. [2004 c 19 § 205;
2002 c 37 § 1; 1999 c 388 § 102.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
28A.655.061
28A.655.061 High school assessment system—Certificate of academic achievement requirements—Exemptions—Options to retake high school assessment—Objective alternative assessment—Student learning plans. (1)
The high school assessment system shall include but need not
be limited to the Washington assessment of student learning,
opportunities for a student to retake the content areas of the
assessment in which the student was not successful, and if
approved by the legislature pursuant to subsection (11) of this
section, one or more objective alternative assessments for a
student to demonstrate achievement of state academic standards. The objective alternative assessments for each content
area shall be comparable in rigor to the skills and knowledge
that the student must demonstrate on the Washington assessment of student learning for each content area.
(2) Subject to the conditions in this section, a certificate
of academic achievement shall be obtained by most students
at about the age of sixteen, and is evidence that the students
have successfully met the state standard in the content areas
included in the certificate. With the exception of students
satisfying the provisions of RCW 28A.155.045, acquisition
of the certificate is required for graduation from a public high
school but is not the only requirement for graduation.
(3) Beginning with the graduating class of 2008, with the
exception of students satisfying the provisions of RCW
28A.155.045, a student who meets the state standards on the
(2004 Ed.)
28A.655.061
reading, writing, and mathematics content areas of the high
school Washington assessment of student learning shall earn
a certificate of academic achievement. If a student does not
successfully meet the state standards in one or more content
areas required for the certificate of academic achievement,
then the student may retake the assessment in the content area
up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic
achievement. Once objective alternative assessments are
authorized pursuant to subsection (11) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards
for that content area if the student has retaken the Washington
assessment of student learning at least once. If the student
successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of
academic achievement. The student's transcript shall note
whether the certificate of academic achievement was
acquired by means of the Washington assessment of student
learning or by an alternative assessment.
(4) Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to
the other content areas required under subsection (3) of this
section on the Washington assessment of student learning or
the objective alternative assessments in order to earn a certificate of academic achievement.
(5) The state board of education may not require the
acquisition of the certificate of academic achievement for
students in home-based instruction under chapter 28A.200
RCW, for students enrolled in private schools under chapter
28A.195 RCW, or for students satisfying the provisions of
RCW 28A.155.045.
(6) A student may retain and use the highest result from
each successfully completed content area of the high school
assessment.
(7) Beginning with the graduating class of 2006, the
highest scale score and level achieved in each content area on
the high school Washington assessment of student learning
shall be displayed on a student's transcript. In addition,
beginning with the graduating class of 2008, each student
shall receive a scholar's designation on his or her transcript
for each content area in which the student achieves level four
the first time the student takes that content area assessment.
(8) Beginning in 2006, school districts must make available to students the following options:
(a) To retake the Washington assessment of student
learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled
in a public school; or
(b) To retake the Washington assessment of student
learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled
in a high school completion program at a community or technical college. The superintendent of public instruction and
the state board for community and technical colleges shall
jointly identify means by which students in these programs
can be assessed.
(9) Students who achieve the standard in a content area
of the high school assessment but who wish to improve their
[Title 28A RCW—page 237]
28A.655.070
Title 28A RCW: Common School Provisions
results shall pay for retaking the assessment, using a uniform
cost determined by the superintendent of public instruction.
(10) Subject to available funding, the superintendent
shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no
later than September 2006, opportunities to retake the assessment at least twice a year shall be available to each school
district.
(11) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process,
for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall
be comparable in rigor to the skills and knowledge that the
student must demonstrate on the Washington assessment of
student learning and be objective in its determination of student achievement of the state standards. Before any objective
alternative assessments are used by a student to demonstrate
that the student has met the state standards in a content area
required to obtain a certificate, the legislature shall formally
approve the use of any objective alternative assessments
through the omnibus appropriations act or by statute or concurrent resolution.
(12) By December 15, 2004, the house of representatives
and senate education committees shall obtain information
and conclusions from recognized, independent, national
assessment experts regarding the validity and reliability of
the high school Washington assessment of student learning
for making individual student high school graduation determinations.
(13) To help assure continued progress in academic
achievement as a foundation for high school graduation and
to assure that students are on track for high school graduation, each school district shall prepare plans for students as
provided in this subsection (13).
(a) Student learning plans are required for eighth through
twelfth grade students who were not successful on any or all
of the content areas of the Washington assessment for student
learning during the previous school year. The plan shall
include the courses, competencies, and other steps needed to
be taken by the student to meet state academic standards and
stay on track for graduation. This requirement shall be
phased in as follows:
(i) Beginning no later than the 2004-05 school year ninth
grade students as described in this subsection (13)(a) shall
have a plan.
(ii) Beginning no later than the 2005-06 school year and
every year thereafter eighth grade students as described in
this subsection (13)(a) shall have a plan.
(iii) The parent or guardian shall be notified, preferably
through a parent conference, of the student's results on the
Washington assessment of student learning, actions the
school intends to take to improve the student's skills in any
content area in which the student was unsuccessful, strategies
to help them improve their student's skills, and the content of
the student's plan.
(iv) Progress made on the student plan shall be reported
to the student's parents or guardian at least annually and
adjustments to the plan made as necessary.
(b) Beginning with the 2005-06 school year and every
year thereafter, all fifth grade students who were not success[Title 28A RCW—page 238]
ful in one or more of the content areas of the fourth grade
Washington assessment of student learning shall have a student learning plan.
(i) The parent or guardian of a student described in this
subsection (13)(b) shall be notified, preferably through a parent conference, of the student's results on the Washington
assessment of student learning, actions the school intends to
take to improve the student's skills in any content area in
which the student was unsuccessful, and provide strategies to
help them improve their student's skills.
(ii) Progress made on the student plan shall be reported
to the student's parents or guardian at least annually and
adjustments to the plan made as necessary. [2004 c 19 §
101.]
Part headings and captions not law—2004 c 19: "Part headings and
captions used in this act are not any part of the law." [2004 c 19 § 301.]
Severability—2004 c 19: "If any provision of this act or its application
to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not
affected." [2004 c 19 § 302.]
Effective date—2004 c 19: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately
[March 18, 2004]." [2004 c 19 § 303.]
28A.655.070
28A.655.070 Essential academic learning requirements and assessments—Duties of the superintendent of
public instruction. (1) The superintendent of public instruction shall develop essential academic learning requirements
that identify the knowledge and skills all public school students need to know and be able to do based on the student
learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations
and requests regarding assistance, rewards, and recognition
of the academic achievement and accountability commission.
(2) The superintendent of public instruction shall:
(a) Periodically revise the essential academic learning
requirements, as needed, based on the student learning goals
in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill
areas in the other goals in the essential academic learning
requirements; and
(b) Review and prioritize the essential academic learning
requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on
the Washington assessment of student learning and used for
state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number
of grade level content expectations assessed at each grade
level. Grade level content expectations shall be articulated
over the grades as a sequence of expectations and performances that are logical, build with increasing depth after
foundational knowledge and skills are acquired, and reflect,
where appropriate, the sequential nature of the discipline.
The office of the superintendent of public instruction, within
seven working days, shall post on its web site any grade level
content expectations provided to an assessment vendor for
use in constructing the Washington assessment of student
learning.
(2004 Ed.)
Academic Achievement and Accountability
(3) In consultation with the academic achievement and
accountability commission, the superintendent of public
instruction shall maintain and continue to develop and revise
a statewide academic assessment system in the content areas
of reading, writing, mathematics, and science for use in the
elementary, middle, and high school years designed to determine if each student has mastered the essential academic
learning requirements identified in subsection (1) of this section. School districts shall administer the assessments under
guidelines adopted by the superintendent of public instruction. The academic assessment system shall include a variety
of assessment methods, including criterion-referenced and
performance-based measures.
(4) If the superintendent proposes any modification to
the essential academic learning requirements or the statewide
assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house
of representatives and the senate to review the assessments
and proposed modifications to the essential academic learning requirements before the modifications are adopted.
(5)(a) The assessment system shall be designed so that
the results under the assessment system are used by educators
as tools to evaluate instructional practices, and to initiate
appropriate educational support for students who have not
mastered the essential academic learning requirements at the
appropriate periods in the student's educational development.
(b) Assessments measuring the essential academic learning requirements in the content area of science shall be available for mandatory use in middle schools and high schools by
the 2003-04 school year and for mandatory use in elementary
schools by the 2004-05 school year unless the legislature
takes action to delay or prevent implementation of the assessment.
(6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents
and teachers to determine the academic gain a student has
acquired in those content areas from one school year to the
next.
(7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual
student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts:
(a) Information on classroom-based and other assessments that may provide additional achievement information
for individual students; and
(b) A collection of diagnostic tools that educators may
use to evaluate the academic status of individual students.
The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided
in a format that may be easily shared with parents and students.
(8) To the maximum extent possible, the superintendent
shall integrate knowledge and skill areas in development of
the assessments.
(9) Assessments for goals three and four of RCW
28A.150.210 shall be integrated in the essential academic
learning requirements and assessments for goals one and two.
(10) The superintendent shall develop assessments that
are directly related to the essential academic learning require(2004 Ed.)
28A.655.090
ments, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of
gender.
(11) The superintendent shall consider methods to
address the unique needs of special education students when
developing the assessments under this section.
(12) The superintendent shall consider methods to
address the unique needs of highly capable students when
developing the assessments under this section.
(13) The superintendent shall post on the superintendent's web site lists of resources and model assessments in
social studies, the arts, and health and fitness. [2004 c 19 §
204; 1999 c 388 § 501.]
Part headings and captions not law—Severability—Effective
date—2004 c 19: See notes following RCW 28A.655.061.
28A.655.090
28A.655.090 Washington assessment of student
learning—Reporting requirements. (1) By September 10,
1998, and by September 10th each year thereafter, the superintendent of public instruction shall report to schools, school
districts, and the legislature on the results of the Washington
assessment of student learning and state-mandated norm-referenced standardized tests.
(2) The reports shall include the assessment results by
school and school district, and include changes over time. For
the Washington assessment of student learning, results shall
be reported as follows:
(a) The percentage of students meeting the standards;
(b) The percentage of students performing at each level
of the assessment; and
(c) A learning improvement index that shows changes in
student performance within the different levels of student
learning reported on the Washington assessment of student
learning.
(3) The reports shall contain data regarding the different
characteristics of schools, such as poverty levels, percent of
English as a second language students, dropout rates, attendance, percent of students in special education, and student
mobility so that districts and schools can learn from the
improvement efforts of other schools and districts with similar characteristics.
(4) The reports shall contain student scores on mandated
tests by comparable Washington schools of similar characteristics.
(5) The reports shall contain information on public
school choice options available to students, including vocational education.
(6) The reports shall be posted on the superintendent of
public instruction's internet web site.
(7) To protect the privacy of students, the results of
schools and districts that test fewer than ten students in a
grade level shall not be reported. In addition, in order to
ensure that results are reported accurately, the superintendent
of public instruction shall maintain the confidentiality of
statewide data files until the superintendent determines that
the data are complete and accurate.
(8) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the
assessments by schools and school districts to ensure the
exemptions are in compliance with exemption guidelines.
[Title 28A RCW—page 239]
28A.655.100
Title 28A RCW: Common School Provisions
[1999 c 388 § 301; 1998 c 319 § 301. Formerly RCW
28A.630.889.]
Part headings not law—1998 c 319: See note following RCW
28A.300.320.
28A.655.100 Performance goals—Reporting
requirements. Each school district board of directors shall:
(1)(a) Annually report to parents and to the community
in a public meeting and annually report in writing the following information:
(i) District-wide and school-level performance improvement goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the
goals, including curriculum and instruction, parental or
guardian involvement, and resources available to parents and
guardians to help students meet the state standards;
(b) Report annually in a news release to the local media
the district's progress toward meeting the district-wide and
school-level goals; and
(c) Include the school-level goals, student performance
relative to the goals, and a summary of school-level plans to
achieve the goals in each school's annual school performance
report under RCW 28A.655.110.
(2) School districts in which ten or fewer students in the
district or in a school in the district are eligible to be assessed
in a grade level are not required to report numerical improvement goals and performance relative to the goals, but are
required to report to parents and the community their plans to
improve student achievement. [1999 c 388 § 302.]
28A.655.100
28A.655.110 Annual school performance report—
Model report form. (1) Beginning with the 1994-95 school
year, to provide the local community and electorate with
access to information on the educational programs in the
schools in the district, each school shall publish annually a
school performance report and deliver the report to each parent with children enrolled in the school and make the report
available to the community served by the school. The annual
performance report shall be in a form that can be easily
understood and be used by parents, guardians, and other
members of the community who are not professional educators to make informed educational decisions. As data from
the assessments in *RCW 28A.655.060 becomes available,
the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other
important facts about the schools' performance in assisting
students to learn. The annual report shall make comparisons
to a school's performance in preceding years and shall
include school level goals under **RCW 28A.655.050, student performance relative to the goals and the percentage of
students performing at each level of the assessment, a comparison of student performance at each level of the assessment to the previous year's performance, and information
regarding school-level plans to achieve the goals.
(2) The annual performance report shall include, but not
be limited to: (a) A brief statement of the mission of the
school and the school district; (b) enrollment statistics including student demographics; (c) expenditures per pupil for the
28A.655.110
[Title 28A RCW—page 240]
school year; (d) a summary of student scores on all mandated
tests; (e) a concise annual budget report; (f) student attendance, graduation, and dropout rates; (g) information regarding the use and condition of the school building or buildings;
(h) a brief description of the learning improvement plans for
the school; and (i) an invitation to all parents and citizens to
participate in school activities.
(3) The superintendent of public instruction shall
develop by June 30, 1994, and update periodically, a model
report form, which shall also be adapted for computers, that
schools may use to meet the requirements of subsections (1)
and (2) of this section. In order to make school performance
reports broadly accessible to the public, the superintendent of
public instruction, to the extent feasible, shall make information on each school's report available on or through the superintendent's internet web site. [1999 c 388 § 303; 1993 c 336
§ 1006. Formerly RCW 28A.320.205.]
Reviser's note: *(1) RCW 28A.655.060 was repealed by 2004 c 19 §
206.
**(2) RCW 28A.655.050 was repealed by 2002 c 132 § 1.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.655.130
28A.655.130 Accountability implementation funds.
(1) To the extent funds are appropriated, the office of the
superintendent of public instruction annually shall allocate
accountability implementation funds to school districts. The
purposes of the funds are to: Develop and update student
learning improvement plans; implement curriculum materials
and instructional strategies; provide staff professional development to implement the selected curricula and instruction;
develop and implement assessment strategies and training in
assessment scoring; and fund other activities intended to
improve student learning for all students, including students
with diverse needs. Activities funded by the allocations must
be consistent with the school or district improvement plan,
designed to improve the ability of teachers and other instructional certificated and classified staff to assist students in
meeting the essential academic learning requirements, and
designed to achieve state and local accountability goals.
Activities funded by the allocations shall be designed to protect the teachers' instructional time with students and minimize the use of substitute teachers.
(2) Schools receiving funds shall develop, update as
needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential
academic learning requirements and to implement the assessment system as it is developed. The plan shall delineate how
the accountability implementation funds will be used to
accomplish the requirements of this section. The plan shall be
made available to the public and to others upon request.
(3) The amount of allocations shall be determined in the
omnibus appropriations act.
(4) The state schools for the deaf and blind are eligible to
receive allocations under this section.
(5) The superintendent of public instruction may adopt
timelines and rules as necessary under chapter 34.05 RCW to
administer the program, and require that schools and districts
submit reports regarding the use of the funds. [1999 c 388 §
402.]
(2004 Ed.)
Academic Achievement and Accountability
28A.655.140 Technical assistance. (1) In order to
increase the availability and quality of technical assistance
statewide, the superintendent of public instruction, subject to
available funding, may employ school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The improvement specialists
shall serve on a rotating basis and shall not be permanent
employees.
(2) The types of assistance provided by the improvement
coordinators and specialists may include, but need not be limited to:
(a) Assistance to schools to use student performance data
and develop improvement plans based on those data;
(b) Consultation with schools and districts concerning
their performance on the Washington assessment of student
learning and other assessments;
(c) Consultation concerning curricula that aligns with the
essential academic learning requirements and the Washington assessment of student learning and that meets the needs of
diverse learners;
(d) Assistance in the identification and implementation
of research-based instructional practices;
(e) Staff training that emphasizes effective instructional
strategies and classroom-based assessment;
(f) Assistance in developing and implementing family
and community involvement programs; and
(g) Other assistance to schools and school districts
intended to improve student learning. [1999 c 388 § 403.]
28A.655.140
28A.655.150 Consolidation of requirements for categorical grant programs—Use of electronic applications
and reporting. The superintendent of public instruction, in
consultation with school district personnel, shall consolidate
and streamline the planning, application, and reporting
requirements for major state and federal categorical and grant
programs. The superintendent also shall take actions to
increase the use of online electronic applications and reporting. [1999 c 388 § 602.]
28A.655.150
28A.655.180 Waivers for educational restructuring
programs—Study by joint select committee on education
restructuring—Report to legislature. (1) The state board
of education, where appropriate, or the superintendent of
public instruction, where appropriate, may grant waivers to
districts from the provisions of statutes or rules relating to:
The length of the school year; student-to-teacher ratios; and
other administrative rules that in the opinion of the state
board of education or the opinion of the superintendent of
public instruction may need to be waived in order for a district to implement a plan for restructuring its educational program or the educational program of individual schools within
the district.
(2) School districts may use the application process in
RCW 28A.305.140 or *28A.300.138 to apply for the waivers
under subsection (1) of this section.
(3) The joint select committee on education restructuring
shall study which waivers of state laws or rules are necessary
for school districts to implement education restructuring. The
committee shall study whether the waivers are used to implement specific essential academic learning requirements and
student learning goals. The committee shall study the avail28A.655.180
(2004 Ed.)
28A.655.902
ability of waivers under the schools for the twenty-first century program created by chapter 525, Laws of 1987, and the
use of those waivers by schools participating in that program.
The committee shall also study the use of waivers authorized
under RCW 28A.305.140. The committee shall report its
findings to the legislature by December 1, 1997. [1995 c 208
§ 1; (1997 c 431 § 23 expired June 30, 1999). Formerly RCW
28A.630.945.]
*Reviser's note: RCW 28A.300.138 was repealed by 1999 c 388 § 603.
28A.655.900
28A.655.900 Transfer of powers, duties, and functions. (1) Beginning July 1, 1999, the powers, duties, and
functions of the commission on student learning are transferred to the academic achievement and accountability commission or to the superintendent of public instruction as
appropriate under the transfer of duties made from the commission on student learning to the academic achievement and
accountability commission or the superintendent of public
instruction under chapter 388, Laws of 1999. All references
to the commission on student learning in the Revised Code of
Washington shall be construed to mean the academic
achievement and accountability commission when addressing the duties, activities, or functions regarding the accountability system under chapter 388, Laws of 1999. All references to the commission on student learning in the Revised
Code of Washington shall be construed to mean the superintendent of public instruction when addressing the duties,
activities, or functions regarding the essential academic
learning requirements, the standards, or the assessments
addressed under chapter 388, Laws of 1999.
(2) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the commission on student learning shall be delivered to the custody
of the academic achievement and accountability commission
or the superintendent of public instruction, as appropriate. All
cabinets, furniture, office equipment, motor vehicles, and
other tangible property employed by the commission on student learning shall be made available to the academic
achievement and accountability commission or the superintendent of public instruction, as appropriate.
(3) The transfer of the powers, duties, functions, and personnel of the commission on student learning shall not affect
the validity of any act performed before May 18, 1999. [1999
c 388 § 502.]
Effective dates—1999 c 388 §§ 101, 502, and 604: See note following
RCW 28A.655.020.
28A.655.901
28A.655.901 Part headings and captions not law—
1999 c 388. Part headings and section captions used in this
act are not any part of the law. [1999 c 388 § 605.]
28A.655.902
28A.655.902 Severability—1999 c 388. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not
affected. [1999 c 388 § 609.]
[Title 28A RCW—page 241]
Chapter 28A.660
Chapter 28A.660
Title 28A RCW: Common School Provisions
Chapter 28A.660 RCW
ALTERNATIVE ROUTE
TEACHER CERTIFICATION
Sections
28A.660.005
28A.660.010
28A.660.020
28A.660.030
28A.660.040
28A.660.050
28A.660.060
28A.660.901
Findings—Declaration.
Partnership grant program.
Proposals—Funding.
Partnership grants—Selection—Administration.
Routes.
Conditional scholarship program.
Employment of certain personnel not affected.
Program evaluations—Contingency.
28A.660.005
28A.660.005 Findings—Declaration. The legislature
finds and declares:
(1) Teacher qualifications and effectiveness are the most
important influences on student learning in schools.
(2) Preparation of individuals to become well-qualified,
effective teachers must be high quality.
(3) Teachers who complete high-quality alternative route
programs with intensive field-based experience, adequate
coursework, and strong mentorship do as well or better than
teachers who complete traditional preparation programs.
(4) High-quality alternative route programs can provide
more flexibility and expedience for individuals to transition
from their current career to teaching.
(5) High-quality alternative route programs can help
school districts fill subject matter shortage areas and areas
with shortages due to geographic location.
(6) Regardless of route, all candidates for residency
teacher certification must meet the high standards required by
the state.
The legislature recognizes widespread concerns about
the potential for teacher shortages and finds that classified
instructional staff in public schools represent a great
untapped resource for recruiting the teachers of the future.
[2001 c 158 § 1.]
28A.660.010
28A.660.010 Partnership grant program. There is
hereby created a statewide partnership grant program to provide new high-quality alternative routes to residency teacher
certification. To the extent funds are appropriated for this
specific purpose, funds provided under this partnership grant
program shall be used solely for school districts, or consortia
of school districts, to partner with state-approved higher education teacher preparation programs to provide one or more
of four alternative route programs in RCW 28A.660.040,
with routes one, two, and three aimed at recruiting candidates
to teaching in subject matter shortage areas and areas with
shortages due to geographic location. Districts, or consortia
of districts, may also include their educational service districts in their partnership grant program. [2004 c 23 § 1; 2001
c 158 § 2.]
28A.660.020
28A.660.020 Proposals—Funding. (1) Each district or
consortia of school districts applying for the alternative route
certification program shall submit a proposal to the Washington professional educator standards board specifying:
(a) The route or routes the partnership program intends
to offer and a detailed description of how the routes will be
structured and operated by the partnership;
[Title 28A RCW—page 242]
(b) The number of candidates that will be enrolled per
route;
(c) An identification, indication of commitment, and
description of the role of approved teacher preparation programs that are partnering with the district or consortia of districts;
(d) An assurance of district provision of adequate training for mentor teachers either through participation in a state
mentor training academy or district-provided training that
meets state-established mentor-training standards specific to
the mentoring of alternative route candidates;
(e) An assurance that significant time will be provided
for mentor teachers to spend with the alternative route teacher
candidates throughout the internship. Partnerships must provide each candidate with intensive classroom mentoring until
such time as the candidate demonstrates the competency necessary to manage the classroom with less intensive supervision and guidance from a mentor;
(f) A description of the rigorous screening process for
applicants to alternative route programs, including entry
requirements specific to each route, as provided in RCW
28A.660.040; and
(g) The design and use of a teacher development plan for
each candidate. The plan shall specify the alternative route
coursework and training required of each candidate and shall
be developed by comparing the candidate's prior experience
and coursework with the state's new performance-based standards for residency certification and adjusting any requirements accordingly. The plan may include the following components:
(i) A minimum of one-half of a school year, and an additional significant amount of time if necessary, of intensive
mentorship, starting with full-time mentoring and progressing to increasingly less intensive monitoring and assistance
as the intern demonstrates the skills necessary to take over the
classroom with less intensive support. For route one and two
candidates, before the supervision is diminished, the mentor
of the teacher candidate at the school and the supervisor of
the teacher candidate from the higher education teacher preparation program must both agree that the teacher candidate is
ready to manage the classroom with less intensive supervision. For route three and four candidates, the mentor of the
teacher candidate shall make the decision;
(ii) Identification of performance indicators based on the
knowledge and skills standards required for residency certification by the state board of education;
(iii) Identification of benchmarks that will indicate when
the standard is met for all performance indicators;
(iv) A description of strategies for assessing candidate
performance on the benchmarks;
(v) Identification of one or more tools to be used to
assess a candidate's performance once the candidate has been
in the classroom for about one-half of a school year; and
(vi) A description of the criteria that would result in residency certification after about one-half of a school year but
before the end of the program.
(2) To the extent funds are appropriated for this purpose,
districts may apply for program funds to pay stipends to
trained mentor teachers of interns during the mentored internship. The per intern amount of mentor stipend shall not
(2004 Ed.)
Alternative Route Teacher Certification
exceed five hundred dollars. [2004 c 23 § 2; 2003 c 410 § 1;
2001 c 158 § 3.]
28A.660.030
28A.660.030 Partnership grants—Selection—
Administration. (1) The professional educator standards
board, with support from the office of the superintendent of
public instruction, shall select school districts and consortia
of school districts to receive partnership grants from funds
appropriated by the legislature for this purpose. Factors to be
considered in selecting proposals include, but are not limited
to:
(a) For routes one, two, and three, the degree to which
the district, or consortia of districts in partnership, are currently experiencing teacher shortages;
(b)(i) For routes one, two, three, and four, the degree to
which the proposal addresses criteria specified in RCW
28A.660.020 and is in keeping with specifications of program routes in RCW 28A.660.040;
(ii) The cost-effectiveness of the proposed program; and
(iii) Any demonstrated district and in-kind contributions
to the program.
(2) Selection of proposals shall also take into consideration the need to ensure an adequate number of candidates for
each type of route in order to evaluate their success.
(3) Funds appropriated for the partnership grant program
in this chapter shall be administered by the office of the
superintendent of public instruction. [2004 c 23 § 3; 2003 c
410 § 2; 2001 c 158 § 4.]
28A.660.040
28A.660.040 Routes. Partnership grants funded under
this chapter shall operate one to four specific route programs.
Successful completion of the program shall make a candidate
eligible for residency teacher certification. For route one and
two candidates, the mentor of the teacher candidate at the
school and the supervisor of the teacher candidate from the
higher education teacher preparation program must both
agree that the teacher candidate has successfully completed
the program. For route three and four candidates, the mentor
of the teacher candidate shall make the determination that the
candidate has successfully completed the program.
(1) Partnership grant programs seeking funds to operate
route one programs shall enroll currently employed classified
instructional employees with transferable associate degrees
seeking residency teacher certification with endorsements in
special education, bilingual education, or English as a second
language. It is anticipated that candidates enrolled in this
route will complete both their baccalaureate degree and
requirements for residency certification in two years or less,
including a mentored internship to be completed in the final
year. In addition, partnership programs shall uphold entry
requirements for candidates that include:
(a) District or building validation of qualifications,
including three years of successful student interaction and
leadership as a classified instructional employee;
(b) Successful passage of the statewide basic skills
exam, when available; and
(c) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers.
(2) Partnership grant programs seeking funds to operate
route two programs shall enroll currently employed classified
(2004 Ed.)
28A.660.040
staff with baccalaureate degrees seeking residency teacher
certification in subject matter shortage areas and areas with
shortages due to geographic location. Candidates enrolled in
this route must complete a mentored internship complemented by flexibly scheduled training and coursework
offered at a local site, such as a school or educational service
district, or online or via video-conference over the K-20 network, in collaboration with the partnership program's higher
education partner. In addition, partnership grant programs
shall uphold entry requirements for candidates that include:
(a) District or building validation of qualifications,
including three years of successful student interaction and
leadership as classified staff;
(b) A baccalaureate degree from a regionally accredited
institution of higher education. The individual's college or
university grade point average may be considered as a selection factor;
(c) Successful completion of the content test, once the
state content test is available;
(d) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers; and
(e) Successful passage of the statewide basic skills exam,
when available.
(3) Partnership grant programs seeking funds to operate
route three programs shall enroll individuals with baccalaureate degrees, who are not employed in the district at the time
of application. When selecting candidates for certification
through route three, districts shall give priority to individuals
who are seeking residency teacher certification in subject
matter shortage areas or shortages due to geographic locations. For route three only, the districts may include additional candidates in nonshortage subject areas if the candidates are seeking endorsements with a secondary grade level
designation as defined by rule by the state board of education.
The districts shall disclose to candidates in nonshortage subject areas available information on the demand in those subject areas. Cohorts of candidates for this route shall attend an
intensive summer teaching academy, followed by a full year
employed by a district in a mentored internship, followed, if
necessary, by a second summer teaching academy. In addition, partnership programs shall uphold entry requirements
for candidates that include:
(a) Five years' experience in the work force;
(b) A baccalaureate degree from a regionally accredited
institution of higher education. The individual's grade point
average may be considered as a selection factor;
(c) Successful completion of the content test, once the
state content test is available;
(d) External validation of qualifications, including demonstrated successful experience with students or children,
such as references [reference] letters and letters of support
from previous employers;
(e) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers; and
(f) Successful passage of statewide basic skills exams,
when available.
(4) Partnership grant programs seeking funds to operate
route four programs shall enroll individuals with baccalaureate degrees, who are employed in the district at the time of
application, or who hold conditional teaching certificates or
emergency substitute certificates. Cohorts of candidates for
[Title 28A RCW—page 243]
28A.660.050
Title 28A RCW: Common School Provisions
this route shall attend an intensive summer teaching academy, followed by a full year employed by a district in a mentored internship. In addition, partnership programs shall
uphold entry requirements for candidates that include:
(a) Five years' experience in the work force;
(b) A baccalaureate degree from a regionally accredited
institution of higher education. The individual's grade point
average may be considered as a selection factor;
(c) Successful completion of the content test, once the
state content test is available;
(d) External validation of qualifications, including demonstrated successful experience with students or children,
such as reference letters and letters of support from previous
employers;
(e) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers; and
(f) Successful passage of statewide basic skills exams,
when available. [2004 c 23 § 4; 2001 c 158 § 5.]
(6) To the extent funds are appropriated for this specific
purpose, the annual amount of the scholarship is the annual
cost of tuition; fees; and educational expenses, including
books, supplies, and transportation for the alternative route
certification program in which the recipient is enrolled, not to
exceed eight thousand dollars. The board may adjust the
annual award by the average rate of resident undergraduate
tuition and fee increases at the state universities as defined in
RCW 28B.10.016.
(7) The higher education coordinating board may deposit
all appropriations, collections, and any other funds received
for the program in this chapter in *the student loan account
authorized in RCW 28B.102.060. [2004 c 23 § 5; 2003 c 410
§ 3; 2001 c 158 § 6.]
*Reviser's note: RCW 28B.102.060 requires that funds received under
RCW 28B.102.060 be deposited in the future teachers conditional scholarship account.
28A.660.060
28A.660.050
28A.660.050 Conditional scholarship program. The
alternative route conditional scholarship program is created
under the following guidelines:
(1) The program shall be administered by the higher education coordinating board. In administering the program, the
higher education coordinating board has the following powers and duties:
(a) To adopt necessary rules and develop guidelines to
administer the program;
(b) To collect and manage repayments from participants
who do not meet their service obligations; and
(c) To accept grants and donations from public and private sources for the program.
(2) Participation in the alternative route conditional
scholarship program is limited to interns of the partnership
grant programs under RCW 28A.660.040. The Washington
professional educator standards board shall select interns to
receive conditional scholarships.
(3) In order to receive conditional scholarship awards,
recipients shall be accepted and maintain enrollment in alternative certification routes through the partnership grant program, as provided in RCW 28A.660.040. Recipients must
continue to make satisfactory progress towards completion of
the alternative route certification program and receipt of a
residency teaching certificate.
(4) For the purpose of this chapter, a conditional scholarship is a loan that is forgiven in whole or in part in exchange
for service as a certificated teacher employed in a Washington state K-12 public school. The state shall forgive one year
of loan obligation for every two years a recipient teaches in a
public school. Recipients that fail to continue a course of
study leading to residency teacher certification or cease to
teach in a public school in the state of Washington in their
endorsement area are required to repay the remaining loan
principal with interest.
(5) Recipients who fail to fulfill the required teaching
obligation are required to repay the remaining loan principal
with interest and any other applicable fees. The higher education coordinating board shall adopt rules to define the
terms for repayment, including applicable interest rates, fees,
and deferments.
[Title 28A RCW—page 244]
28A.660.060 Employment of certain personnel not
affected. School districts or approved private schools' ability
to employ personnel under certification for emergency or
temporary, substitute, or provisional duty as authorized by
chapter 28A.410 RCW are not affected by the provisions of
this chapter. [2001 c 158 § 10.]
28A.660.901
28A.660.901 Program evaluations—Contingency.
(Expires June 30, 2005.) (1) The Washington state institute
for public policy shall submit to the education and fiscal committees of the legislature, the governor, the state board of
education, and the Washington professional educator standards board, an interim evaluation of partnership grant programs funded under this chapter by December 1, 2002, and a
final evaluation by December 1, 2004. *If specific funding
for the purposes of this section, referencing this section and
this act by bill or chapter number, is not provided by June 30,
2001, in the omnibus appropriations act, this section is null
and void.
(2) This section expires June 30, 2005. [2004 c 23 § 6;
2001 c 158 § 8.]
*Reviser's note: This section was funded by 2001 2nd sp.s. c 7 §
501(2)(c)(i), the omnibus appropriations act.
Chapter 28A.690
Chapter 28A.690 RCW
AGREEMENT ON QUALIFICATIONS
OF PERSONNEL
Sections
28A.690.010 Compact entered into—Terms.
28A.690.020 Superintendent as "designated state official", compact
administrator—Board to approve text of contracts.
28A.690.030 True copies of contracts filed in office of superintendent—
Publication.
28A.690.010
28A.690.010 Compact entered into—Terms. The
Interstate Agreement on Qualifications of Educational Personnel is hereby enacted into law and entered into by this
state with all other states legally joining therein in the form
substantially as follows:
The contracting states solemnly agree that:
(2004 Ed.)
Agreement on Qualifications of Personnel
28A.690.010
Article I
Article III
1. The states party to this Agreement, desiring by common action to improve their respective school systems by
utilizing the teacher or other professional educational person
wherever educated, declare that it is the policy of each of
them, on the basis of cooperation with one another, to take
advantage of the preparation and experience of such persons
wherever gained, thereby serving the best interests of society,
of education, and of the teaching profession. It is the purpose
of this Agreement to provide for the development and execution of such programs of cooperation as will facilitate the
movement of teachers and other professional educational personnel among the states party to it, and to authorize specific
interstate educational personnel contracts to achieve that end.
2. The party states find that included in the large movement of population among all sections of the nation are many
qualified educational personnel who move for family and
other personal reasons but who are hindered in using their
professional skill and experience in their new locations. Variations from state to state in requirements for qualifying educational personnel discourage such personnel from taking the
steps necessary to qualify in other states. As a consequence, a
significant number of professionally prepared and experienced educators is lost to our school systems. Facilitating the
employment of qualified educational personnel, without reference to their states or origin, can increase the available educational resources. Participation in this compact can increase
the availability of educational manpower.
1. The designated state official of a party state may make
one or more contracts on behalf of his or her state with one or
more other party states providing for the acceptance of educational personnel. Any such contract for the period of its
duration shall be applicable to and binding on the states
whose designated state officials enter into it, and the subdivisions of those states, with the same force and effect as if
incorporated in this Agreement. A designated state official
may enter into a contract pursuant to this Article only with
states in which he or she finds that there are programs of education, certification standards or other acceptable qualifications that assure preparation or qualification of educational
personnel on a basis sufficiently comparable, even though not
identical to that prevailing in his or her own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in
qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract
without sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this Agreement shall be
for a term longer than five years but any such contract may be
renewed for like or lesser periods.
4. Any contract dealing with acceptance of educational
personnel on the basis of their having completed an educational program shall specify the earliest date or dates on
which originating state approval of the program or programs
involved can have occurred. No contract made pursuant to
this Agreement shall require acceptance by a receiving state
of any persons qualified because of successful completion of
a program prior to January 1, 1954.
5. The certification or other acceptance of a person who
has been accepted pursuant to the terms of a contract shall not
be revoked or otherwise impaired because the contract has
expired or been terminated. However, any certificate or other
qualifying document may be revoked or suspended on any
ground which would be sufficient for revocation or suspension of a certificate or other qualifying document initially
granted or approved in the receiving state.
6. A contract committee composed of the designated
state officials of the contracting states or their representatives
shall keep the contract under continuous review, study means
of improving its administration, and report no less frequently
than once a year to the heads of the appropriate education
agencies of the contracting states.
Article II
As used in this Agreement and contracts made pursuant
to it, unless the context clearly requires otherwise:
1. "Educational personnel" means persons who must
meet requirements pursuant to state law as a condition of
employment in educational programs.
2. "Designated state official" means the education official of a state selected by that state to negotiate and enter into,
on behalf of his or her state, contracts pursuant to this Agreement.
3. "Accept," or any variant thereof, means to recognize
and give effect to one or more determinations of another state
relating to the qualifications of educational personnel in lieu
of making or requiring a like determination that would otherwise be required by or pursuant to the laws of a receiving
state.
4. "State" means a state, territory, or possession of the
United States; the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating State" means a state (and the subdivision
thereof, if any) whose determination that certain educational
personnel are qualified to be employed for specific duties in
schools is acceptable in accordance with the terms of a contract made pursuant to Article III.
6. "Receiving State" means a state (and the subdivisions
thereof) which accept educational personnel in accordance
with the terms of a contract made pursuant to Article III.
(2004 Ed.)
Article IV
1. Nothing in this Agreement shall be construed to repeal
or otherwise modify any law or regulation of a party state
relating to the approval of programs of educational preparation having effect solely on the qualification of educational
personnel within that state.
2. To the extent that contracts made pursuant to this
Agreement deal with the educational requirements for the
proper qualification of educational personnel, acceptance of a
program of educational preparation shall be in accordance
[Title 28A RCW—page 245]
28A.690.020
Title 28A RCW: Common School Provisions
with such procedures and requirements as may be provided in
the applicable contract.
Article V
The party states agree that:
1. They will, so far as practicable, prefer the making of
multilateral contracts pursuant to Article III of this Agreement.
2. They will facilitate and strengthen cooperation in
interstate certification and other elements of educational personnel qualification and for this purpose shall cooperate with
agencies, organizations, and associations interested in certification and other elements of educational personnel qualification.
Article VI
The designated state officials of any party state may
meet from time to time as a group to evaluate progress under
the Agreement, and to formulate recommendations for
changes.
Article VII
Nothing in this Agreement shall be construed to prevent
or inhibit other arrangements or practices of any party state or
states to facilitate the interchange of educational personnel.
28A.690.020
28A.690.020 Superintendent as "designated state
official", compact administrator—Board to approve text
of contracts. The "designated state official" for this state
under Article II of RCW 28A.690.010 shall be the superintendent of public instruction, who shall be the compact
administrator and who shall have power to promulgate rules
to carry out the terms of this compact. The superintendent of
public instruction shall enter into contracts pursuant to Article III of the Agreement only with the approval of the specific
text thereof by the state board of education. [1990 c 33 § 546;
1969 ex.s. c 283 § 5. Formerly RCW 28A.93.020,
28.93.020.]
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
28A.690.030
28A.690.030 True copies of contracts filed in office of
superintendent—Publication. True copies of all contracts
made on behalf of this state pursuant to the Agreement as
provided in RCW 28A.690.010 shall be kept on file in the
office of the superintendent of public instruction. The superintendent of public instruction shall publish all such contracts
in convenient form. [1990 c 33 § 547; 1969 ex.s. c 283 § 6.
Formerly RCW 28A.93.030, 28.93.030.]
Seve ra bili ty— 1969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
Chapter 28A.900
Article VIII
1. This Agreement shall become effective when enacted
into law by two states. Thereafter it shall become effective as
to any state upon its enactment of this Agreement.
2. Any party state may withdraw from this Agreement by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the governor of the withdrawing state has given notice in writing of the withdrawal to
the governors of all other party states.
3. No withdrawal shall relieve the withdrawing state of
any obligation imposed upon it by a contract to which it is a
party. The duration of contracts and the methods and conditions of withdrawal therefrom shall be those specified in their
terms.
Article IX
This Agreement shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this Agreement shall be severable and if any phrase, clause, sentence, or
provision of this Agreement is declared to be contrary to the
constitution of any state or of the United States, or the application thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this
Agreement and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby.
If this Agreement shall be held contrary to the constitution of
any state participating therein, the Agreement shall remain in
full force and effect as to the state affected as to all severable
matters. [1990 c 33 § 545; 1969 ex.s. c 283 § 4. Formerly
RCW 28A.93.010, 28.93.010.]
Seve ra bi li ty—1 969 e x.s. c 283 : Se e no te fo llo wing R CW
28A.150.050.
[Title 28A RCW—page 246]
Chapter 28A.900 RCW
CONSTRUCTION
Sections
28A.900.010
28A.900.030
28A.900.040
28A.900.050
28A.900.060
28A.900.070
28A.900.080
28A.900.100
28A.900.101
28A.900.102
28A.900.103
28A.900.105
Repeals and savings.
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
"This code" defined.
Effective date—1969 ex.s. c 223.
Purpose—1990 c 33.
Statutory references—1990 c 33.
Severability—1990 c 33.
Subheadings not law—1990 c 33.
Effect of repeal—1995 c 335.
28A.900.010
28A.900.010 Repeals and savings. See 1969 ex.s. c
223 § 28A.98.010. Formerly RCW 28A.98.010.
28A.900.030
28A.900.030 Continuation of existing law. The provisions of this title, Title 28A RCW, insofar as they are substantially the same as statutory provisions repealed by this
chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new
enactments. Nothing in this 1969 code revision of Title 28
RCW shall be construed as authorizing any new bond issues
or new or additional appropriations of moneys but the bond
issue authorizations herein contained shall be construed only
as continuations of bond issues authorized by prior laws
herein repealed and reenacted, and the appropriations of
moneys herein contained are continued herein for historical
purposes only and this 1969 act shall not be construed as a
reappropriation thereof and no appropriation contained
herein shall be deemed to be extended or revived hereby and
such appropriation shall lapse or shall have lapsed in accordance with the original enactment: PROVIDED, That this
(2004 Ed.)
Construction
1969 act shall not operate to terminate, extend or otherwise
affect any appropriation for the biennium commencing July
1, 1967, and ending June 30, 1969. [1969 ex.s. c 223 §
28A.98.030. Formerly RCW 28A.98.030.]
28A.900.040
28A.900.040 Provisions to be construed in pari materia. The provisions of this title, Title 28A RCW, shall be
construed in pari materia even though as a matter of prior legislative history they were not originally enacted in the same
statute. The provisions of this title shall also be construed in
pari materia with the provisions of Title 28B RCW, and with
other laws relating to education. This section shall not operate retroactively. [1969 ex.s. c 223 § 28A.98.040. Formerly
RCW 28A.98.040.]
28A.900.050
28A.900.050 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or subsection headings, as used in this title, Title 28A RCW, do not
constitute any part of the law. [1969 ex.s. c 223 §
28A.98.050. Formerly RCW 28A.98.050.]
28A.900.105
because it is not the purpose of this act to correct obsolete references.
(b) References to "RCW 28A.58.095" in Title 28A RCW
have intentionally not been changed since that code section
was repealed by chapter 2, Laws of 1987 1st ex. sess. These
references are not being eliminated because it is not the purpose of this act to correct obsolete references. [1990 c 33 §
2.]
*Reviser's note: Section 4 of this act is an uncodified section that
recodifies sections in Title 28A RCW.
28A.900.102 Severability—1990 c 33. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the
provision to other persons or circumstances is not affected.
[1990 c 33 § 603.]
28A.900.102
28A.900.103 Subheadings not law—1990 c 33. Subheadings as used in this act do not constitute any part of the
law. [1990 c 33 § 3.]
28A.900.103
28A.900.105 Effect of repeal—1995 c 335. The repeal
of any programs that are not funded as of July 23, 1995, is not
intended to comment on the value of the services provided by
the programs. The repeal of statutes in chapter 335, Laws of
1995 does not affect the general authority of school districts
to provide services to accomplish the purposes of these programs. The deletion or repeal of language that permitted
school districts to carry out specific activities that would be
within their general authority is not intended to affect the
general authority of school districts to continue to carry out
those activities. [1995 c 335 § 801.]
28A.900.105
28A.900.060
28A.900.060 Invalidity of part of title not to affect
remainder. If any provision of this title, Title 28A RCW, or
its application to any person or circumstance is held invalid,
the remainder of the title, or the application of the provision
to other persons or circumstances is not affected. [1969 ex.s.
c 223 § 28A.98.060. Formerly RCW 28A.98.060.]
28A.900.070
28A.900.070 "This code" defined. As used in this
title, Title 28A RCW, "this code" means Titles 28A and 28B
RCW. [1969 ex.s. c 223 § 28A.98.070. Formerly RCW
28A.98.070.]
28A.900.080
28A.900.080 Effective date—1969 ex.s. c 223. Title
28A RCW shall be effective July 1, 1970. [1969 ex.s. c 223
§ 28A.98.080. Formerly RCW 28A.98.080.]
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
28A.900.100
28A.900.100 Purpose—1990 c 33. (1) The purpose of
chapter 33, Laws of 1990 is to reorganize Title 28A RCW.
There are three goals to this reorganization: (a) To place
related sections in chapters organized by subject matter; (b)
to make all terms gender neutral; and (c) to clarify existing
language. Chapter 33, Laws of 1990 is technical in nature and
is not intended to make substantive changes in the meaning,
interpretation, court construction, or constitutionality of any
provision of Title 28A RCW or other statutory provisions
included in chapter 33, Laws of 1990 and rules adopted under
those provisions.
(2) Chapter 33, Laws of 1990 shall not have the effect of
terminating or in any way modifying any proceedings or liability, civil or criminal, which exists on June 7, 1990. [1990
c 33 § 1.]
28A.900.101
28A.900.101 Statutory references—1990 c 33. (1)
The code reviser shall correct all statutory references to code
sections recodified by *section 4 of this act.
(2)(a) References to "RCW 28A.47.732 through
28A.47.748" in Title 28A RCW have intentionally not been
changed since those code sections were repealed by chapter
189, Laws of 1983. These references are not being eliminated
(2004 Ed.)
[Title 28A RCW—page 247]
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